Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2019-08-20 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 20, 2019 at 6:00 P M (Called to Order @ 6:07 pm) 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 X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by S teve M oor e of Ten M ile C hr istian C hurch 4. Adoption of Agenda – Adopted as Noted 5. Announcements 6. P roclamation A. M eridian Youth B aseball All S tar C hampions D ay 7. 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. 8. 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. P ublic Hearing for the F iscal Year 2019 Amended B udget in the Amount of $120,267,651 - Approved B. P ublic Hearing for Proposed F iscal Year 2020 B udget in the Amount of $120,525,396- Approved C. F inal P lat for S helburne E ast No. 1 (H-2019-0077) by S helburne P roper ties, LLC , L ocated at 4080, 4115, and 4205 E. B ott L n. - Vacated from the Agenda D. F inal P lat for S helburne E ast No. 2 (H-2019-0078) by S helburne P roper ties, LLC , L ocated at 4115 E . B ott L n. - Vacated from the Agenda E. F inal P lat for S helburne E ast No. 3 (H-2019-0079) by S helburne P roper ties, LLC , L ocated at 4330 and 4301 E. B ott L n. - Vacated from the Agenda F. F inal P lat for S ky M esa S ubdivision No. 2 (H-2019-0083) by E ngineering S olutions, LLP, L ocated NW of the intersection of S . E agle Rd. and E . Taconic D r. - Continued to 08-27-19 G. P ublic Hearing for D elano S ubdivision (H-2019-0027) by D evco D evelopment, LLC, L ocated at 14120 W. J asmine L n. and 2800 E . J asmine L n. - Continued to 09-17-19. Re-notice Required 1. R equest: Comprehensive P lan Map A mendment to include 4.10 acres of land currently in B oise's area of C ity I mpact in Meridian's area of City I mpact with a Mixed Use-Regional future land use designation; and 2. R equest: A nnexation and Z oning of 15.21 acres of land with R -15 (11.57) and R -40 (3.64 acres) zoning districts; and 3. R equest: P reliminary P lat consisting of 85 single-f amily residential building lots, 1 building lot for a multi-f amily development and 12 common lots H. P ublic Hearing for Silver S prings (H-2019-0058) by Tall T imber Consulting and Todd C ampbell C onstr uction Inc., L ocated at 1035, 1157, 805 & 905 E. M c M illan Rd. - Continued to 08-27-19 1. R equest: A nnexation and Z oning of 5.19 Acres of L and with an R -4 Zoning District; and 2. R equest: P reliminary P lat C onsisting of 57 B uilding L ots and 6 C ommon L ots on 19.74 A cres of L and in the R -4 Z oning District I. Citywide F ee Updates J. Republic S ervices Rate I ncr ease Request - DECISION K. P ublic Hearing for Ordinance No. 19-1840 An O rdinance Amending T itle 4, C hapter 1, S ections 8 (C )(3)(B ), O f T he M eridian C ity C ode, Regarding Wheeled C ar t C ollection Placement S tandards - L ocation O f P lacement L. P ublic Hearing for Ordinance No. 19-1841: An O rdinance Amending M eridian C ity C ode S ection 2-6-3, Regar ding M ember ship and Qualifications for the M eridian S olid Waste Advisory Commission 9. O rdinances A. O rdinance No.19-1839: An O rdinance (H-2018-0057– B ainbridge F ranklin) F or Annexation O f A P arcel O f L and L ocated In T he NW ¼ O f T he NE ¼ O f S ection 14, Township 3 Nor th, Range 1 West, Boise M er idian, Ada C ounty, I daho, As D escr ibed In Attachment “A” And Annexing C er tain L ands And Territory, S ituated In Ada County, Idaho, And Adjacent And Contiguous To T he C orporate L imits O f T he C ity O f M eridian As Requested B y T he City Of M eridian; E stablish¬ing And D etermining T he L and Use Zoning Classification O f 3.68 Acr es O f L and F rom R1 To C-G (G ener al Retail And S ervice C ommer cial) Zoning D istrict In T he M eridian City C ode; Providing T hat C opies O f T his O rdinance S hall B e F iled With T he Ada C ounty Assessor, T he Ada County Recor der, And T he Idaho S tate Tax C ommission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. - Approved O rdinance No. 19-1840: An O rdinance Amending T itle 4, C hapter 1, S ections 8 (C )(3)(B ), O f T he M eridian C ity C ode, Regar ding Wheeled C ar t C ollection Placement S tandards-L ocation Of P lacement P r oviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. - Approved B. O rdinance No. 19-1841: An O rdinance Amending M eridian C ity Code S ection 2-6-3, Regarding M ember ship and Q ualifications for the M er idian Solid Waste Advisory C ommission; and P roviding an E ffective D ate. - Approved C. O rdinance No. 19-1842: Amending M er idian C ity C ode S ection 9-1- 16, Regarding C onnection to C ity Water S ystem O utside C ity L imits; Amending M eridian City C ode S ection 9-4-26, Regarding Connection to City S ewer S ystem O utside City L imits; and P roviding an E ffective D ate. - Approved D. O rdinance No. 19-1843: An O rdinance (H-2018-0118 O akmore S ubdivision) F or Rezone O f A P arcel O f L and L ocated In T he NE ¼ O f S ection 28, Township 4 North, Range 1 West, Boise M er idian, Ada C ounty, I daho; E stablishing And D eter mining T he L and Use Zoning C lassification F rom R-15 (M edium-High D ensity Residential) Zoning D istrict To R-4 (M edium L ow D ensity Residential) Zoning D istrict In T he M er idian C ity Code; P r oviding T hat C opies Of T his O rdinance S hall B e F iled With T he Ada County Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O rdinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. - Approved 10. F utur e M eeting Topics 11. [AMENDED ON TO AGENDA] E xecutive S ession per Idaho S tate C ode 74-206(1)(d) To consider r ecor ds that ar e exempt fr om disclosure, 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 controver sies not yet being litigated but imminently likely to be litigated Into Executive Session: 8:11 PM Out of Executive Session: 8:36 PM Meeting Adjourned at 8:36 PM Meridian City Council August 20, 2019. A Meeting of the Meridian City Council was called to order at 6:07 p.m., Tuesday, August 20, 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, Kyle Radek, Sonya Allen, Mark Ford, 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: Sorry we are starting a few minutes late. Thank you for joining us. It's always nice to see our athletes in the room. We look forward to honoring you. For the record it is Tuesday, August 20th. It's seven minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is adopt -- is adoption of the agenda. It is, actually, the pledge of Allegiance. Please rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore of Ten Mile Christian Church De Weerd: Item No. 3 is the community invocation. Is Pastor Moore here? I didn't think I saw him. Item 4: Adoption of Agenda De Weerd: So, we will go ahead and move to Item 4, adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have some changes to the agenda. On the -- Item 8-C, 8-D, 8-E, those will be removed from the agenda. Item -- well, we got continuance requests -- Item 8-F we Meridian City Council Meeting Agenda September 3, 2019 – Page 23 of 245 Meridian City Council August 20, 2019 Page 2 of 44 will be continuing or request to continue to next week August 27th. We will deal with that when we get to it. Item 8-G there is a request to continue to September 3rd. We will deal with that when we get to it. Most likely continuing it to September 10th and we are going to add on an Executive Session as a new Item 10. It would be an Executive Session pursuant to Idaho State Code 74-206(1)(d) and (1)(f) and with those changes I move we adopt the amended agenda. Cavener: 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: ALL AYES. Item 5: Announcements De Weerd: Item 5 under announcements, we have a couple things coming up to remind you about. MYAC has their kickoff, that's the Mayor's Youth Advisory Council, on Monday, August 26th. It starts at 6:00 and at 7:00. We do it two different times to accommodate parents and their teens. And we have a candidate for Mayor and City Council openings. The filing period opens August 26th, runs to September 6th. First day of school on August 26th. The parents celebrate. Kids are not ready to end their summers right? And just a reminder, if you haven't been out to look at the Tabernacle of Moses at Scentsy, it's spectacular. I was -- I was on tour there last night and it's open from 4:00 to 8:40 each night until the 24th. Any other announcements? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I do have a couple announcements from the Parks Department. The parks tour is Wednesday, September 11th. So, save the date, mark your calendars. It starts at 5:15 at Discovery Park. This coming Friday is the last Movie Night of the summer. Summer camps and classes are wrapping up and the Fall Activity Guide has just come out. So, pick yours up. Yeah. And, then, the Discovery Park grand opening on the 27th went extremely well and the Parks Department just wanted to pass on their gratitude and appreciation for the Council and Mayor's support. That's it. Item 6: Proclamation A. Meridian Youth Baseball All Star Champions Day De Weerd: Thank you. Well, thank you. If there is nothing further I do have a proclamation and I will ask the team and the coaches if you will join me at the podium at the front. If you want to, you can come along and -- and face the crowd. Well, we always like to recognize great achievements and this team standing in front of you -- I have a lot Meridian City Council Meeting Agenda September 3, 2019 – Page 24 of 245 Meridian City Council August 20, 2019 Page 3 of 44 of the information -- pardon? Half the team. Half the team is standing in front of you. But we always appreciate the opportunity to recognize our young athletes, in particular when their hard work pays off and they go and represent our community to a much larger venue. So, congratulations to the team, to their coaches, and I do have two different proclamations. I'm going to read just one of them. The other one includes all your names and I will give that to your coach. But the one with the names will be entered into the public record. So, if you ever want to impress a girl and impress your family, it will be institutionalized in the minutes of our City Council meeting that you were recognized and a day was dedicated in your name. So, without -- or with that I will tell you a little bit about the team in front of you. Whereas the Meridian Cal Ripken Major 12U 70s allstar baseball team recently won the 2019 Pacific Northwest Regional Championship and whereas this victory earned them the prestigious privilege of representing the state of Idaho and competing in the 2019 Cal Ripken Major 70 World Series on August 1st to 10th in Branson, Missouri, and whereas this team going to the World Series builds team spirit, community pride and allows these young athletes to walk onto the field with a little extra swagger and whereas the guidance of the coaches help all team members focus on work ethic, toughness and desire, which transform them into a winning team with each player making valuable contributions and whereas participating in youth baseball gives young people a strong sense of character, teamwork and -- and confidence, traits that remain with them all through their life, both on the field and off the field. Therefore, I, Mayor Tammy de Weerd, do proclaim August 20th, 2019, is MYB Allstar Champions Day in the City of Meridian and call upon the community to join me in congratulating this team on their remarkable athletic achievement and for representing Meridian so proudly in the recent World Series. I sign this today and I appreciate the opportunity to honor you and your achievements and congratulate you. So, please join me in congratulating them. Okay. So, would you, please, introduce each of your players or maybe they want to introduce themselves. Talk about your position and, then, I would love the coach to make a few comments. Downey: My name is Henry Downey and I play first base. Scott: My name is Luke Scott. I play right field and pitcher. Schumacher: My name is Drew Schumacher and I play right field. Axtell: My name is Cole Axtell and I play left field. McPherson: Cooper McPherson. Left field. Shea: Juanmarchos Shea. Third base and pitcher. Skinner: Lucas Skinner. Catcher. Walker: All right. So, my name is Travis Walker and the other coaches are Bill Scott and Kevin Downey and we are missing about four or five players tonight and also the other coaches Travis Cronk. But let me tell you what kind of fun we had at Branson. It was -- Meridian City Council Meeting Agenda September 3, 2019 – Page 25 of 245 Meridian City Council August 20, 2019 Page 4 of 44 it was amazing to get to that point. These -- these boys -- the sacrifice that they did the last four years of their summer was spent on the ball field and they have achieved some great things and they have got -- it just really helped them we believe as -- as young man, number one, but, you know, they have learned so much that hard work and dedication really has paid off for them. We went -- we rolled into Branson and surprised by the weather. It was really hot and humid. A lot different than here. And the level of competition was amazing and the sportsmanship was amazing and the boys overall had a -- had a good turnout and as far as -- as far as the performance, we beat a good Alabama team in a walk off. Drew Schumacher hit one about 300 feet. We were up eight to seven in a walk off against a really talented Alabama team. We -- we came close to a couple national teams. Korea we lost three to one. But you know what, you're supposed to lose to the -- to the country of Korea when you're coming from Meridian, Idaho. And these -- these -- the team from Dominican, again, excellent team and their coaches were -- were great and I used my -- my wife for translation and I speak some Korean as well as -- as another parent on our team and so we were able to schedule some -- some -- some teams that way. We -- we just -- we love these boys. We love what they have accomplished and we expect nothing but great things for them in the future. It has been a pleasure -- our pleasure to be able to coach them these -- these past four years. Thank you. De Weerd: I think you can at least introduce yourselves. K.Downey: My name is Kevin Downey. I'm assistant coach. B.Scott: My name is Bill Scott and I'm assistant coach. I will say this, the City of Meridian was awesome. We reached out to them and the City of Meridian immediately -- Tammy replied right back and -- and offered us to come down and so that's awesome to be wearing the representative -- being representatives of Meridian and having the community come right back at us. So, we were also given some pins and if you know anything about the World Series and what the kids do, they trade pins and so there are Meridian pins that ended up on kids' lapels from all over the world that said Meridian, Idaho. So, that was pretty neat. Thank you. De Weerd: Well -- and thank you for reaching out and letting us know. Oftentimes we only know about this when the parents reach out and say our kids have achieved this great thing and we appreciate that. So, I know you probably exchanged your pins. We do have a pin for you tonight as well. So, now you can keep it. You don't have to trade it. But we wish you great success. We hope to see you back in this Council chambers to celebrate your next great achievement and to the coaches, being the daughter of a coach, I know how much time, dedication and inspiration that you share to the kids. Great role models and we know that the skills they learn on the field do translate to lifetime character traits. So, thank you for that. And with that, again, one last round of applause. Item 7: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum ) De Weerd: Okay. Item 7 is Future Meeting Topics. Meridian City Council Meeting Agenda September 3, 2019 – Page 26 of 245 Meridian City Council August 20, 2019 Page 5 of 44 Johnson: Madam Mayor, there was several sign-ins, but they all indicated they were here regarding Item 8-G. Item 8: Action Items A. Public Hearing for the Fiscal Year 2019 Amended Budget in the Amount of $120,267,651 De Weerd: Thank you. Okay. Item 8 under Action Items. Item 8-A is a public hearing for our 2019 amended budget. Jenny, thank you for joining us. Field: Thank you, Mayor. Good evening, Council Members. Tonight I'm before you presenting our final fiscal year 2019 amended budget. The agenda for tonight is I'm going to go over our three major reporting funds, General Fund, Capital Improvement Fund, Enterprise Fund. Then I will pause for questions. This is a public hearing. And, then, we will wrap up with your approval of our fiscal year 2019 final budget. With that the total city budget is -- for fiscal year '19 is 120.2 million dollars. That is up 7.8 percent from the original budget that was announced around this time last year. So, the next few slides I will go through the changes. Just know that these amendments and these changes have been presented to you by our departments in the past ten months. This is more of a formal process that we use to notify their citizens and the state of Idaho of our final fiscal year 2019 budget. So, the next few slides is more of a review for you. So, for our fiscal year '19 total city budget we have a total of 47 total budget amendments. That is down again 7.82 percent. About 10.1 million dollars. In our General Fund we are up 1.29 percent. Capital Improvement Fund up 1,600 dollars -- or, sorry, down 1,600 dollars. And Enterprise Fund is down 16.8 percent. In our General Fund our original budget was 62.4 million dollars. Our final amended budget is at 63.2. This is up 1.29 percent overall and the personnel, capital and carry forward expenditures percentage changes are -- they are displayed on the graph in front of you. In our General Fund we had a total of 40 total approved amendments. The -- these amendments include our Fire Station 6. Rural Fire reimbursement for Fire Station 5. Community Development mechanical program and our carry forward adjustment of 3.3 million dollars. Now, I'm going to move to our Capital Improvement Fund. Our Capital Improvement Fund didn't change much. We went down in our carry forward adjustment of 1,600 dollars and this fund had no amendments presented. In our Enterprise Fund -- our Enterprise Fund original budget was 65.1 million dollars. We were down 16.8 percent, arriving at 54.1 million dollars. Personnel, operating and carry forward expenditures percentage changes are displayed right in front of you. Within our Enterprise Fund we had seven total budget amendments that was presented and approved. The headworks upgrade, water meters and our Well 28 water treatment. Enterprise Fund had a carry forward adjustment of 12.5 million dollars. With that I stand for any questions for our fiscal year 2019 budget. De Weerd: Thank you, Jenny. Council, any questions at this point for our staff? Thank you. Meridian City Council Meeting Agenda September 3, 2019 – Page 27 of 245 Meridian City Council August 20, 2019 Page 6 of 44 Field: Okay. So, right now I'm looking for an approval to establish our fiscal year 2019 final budget of 120.2 million dollars. This will allow leave to present an ordinance in the next couple of weeks for your approval. De Weerd: Okay. We will take testimony if there is any and, then, we will ask for Council action. Thank you. Mr. Clerk, is there any signups? Johnson: Madam Mayor, there were none. De Weerd: Okay. This is a public hearing on our 2019 budget. Is there anyone who wishes to provide testimony on this item? Okay. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Nobody jumping up and down to testify, I move we closed the public hearing on the fiscal year 2019 amended budget. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the item in front of you. Any discussion? Okay. The motion was to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve the 2019 amended budget in the amount of 120,267,651 dollars. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda September 3, 2019 – Page 28 of 245 Meridian City Council August 20, 2019 Page 7 of 44 B. Public Hearing for Proposed Fiscal Year 2020 Budget in the Amount of $120,525,396 De Weerd: And this will come back to Council in ordinance form in a couple weeks. Okay. Our next item is Item 8-B, which is a public hearing for the 2020 budget. Field: Hello again. De Weerd: Hello again. Field: I am going to present our fiscal year 2020 proposed budget of 120.5 million dollars. We will go over our General Fund, Enterprises Fund and, then, stand for any questions and, then, again, look for your approval of our fiscal year 2020 proposed budget. So, the total city budget is 120 million -- 120.5 million dollars. The graph on the left depicts the expenditure types broken out by 45 percent personnel expenditures, operating at 18 percent, capital at 15 percent and our carry forward amounts are at 22 percent. Now carry forwards are projects that were appropriated in fiscal year 2019. That will not be completed by the end of the year. Therefore, we will be carrying the remaining budget into fiscal year 2019 -- oh, sorry, 2020. The graph on the right-hand side is allocations by department. Police Department is 26 percent. Fire Department is up to 15 percent of total city budget. The Water and Wastewater Department is displayed at 21 percent wastewater and 11 percent Water Department. Parks at eight percent and the remaining six percent and admin and five percent in Community Development. Now I'm going to go through our General Fund in more detail. So, our General Fund proposed budget is at 72.4 million dollars. Here on the graph on your left is a breakout by the type. Personnel makes up 55 percent of our General Fund total budget. Operating makes up 18 percent of that. And our Capital is at 12 percent. How this is divided amongst the departments in General Fund. Our Police Department makes up 42 percent of our General Fund budget. Fire is at 25. And Parks is at 14 percent. Those are expenditures. Now I'm going to move to our projected revenue for General Fund. We are projecting our General Fund to have -- to collect revenue of 62.5 million dollars. The majority of our General Fund revenue is property taxes. Fifty-eight percent. Intergovernmental revenue is about 16 percent and those are state revenue sharing, liquor, and rural fire revenues. Moving on to our Enterprise Fund. Enterprise Fund's proposed budget for fiscal year 2020 is 48.1 million dollars. The graph on the left displays the type of expenditures that Enterprise Fund -- that makes up the Enterprise Fund. Twenty-two percent is personnel. Eighteen -- sorry. Eighteen percent Capital and 17 percent Operating. A majority of the Enterprise Fund's budget is allocated to carry forward. Enterprise Fund's carry forward project examples are our big expansion project, our headworks, Well 28, are the examples of our carry forward budget. Wastewater Treat -- Water -- sorry. Wastewater makes up 52 percent. Water at 28. Engineering and utility building makes up the remaining 20 percent. We are going to move through Enterprise revenue. Majority of Enterprise revenue is made up of utility sales. So, our water and wastewater sales. Utility connection makes up 32 percent of Enterprise revenue and the remaining nine is our EPA compliance fees, trash billings and engineer fees and installation of meters. With that I stand for any questions for fiscal year 2020 proposed budget. Meridian City Council Meeting Agenda September 3, 2019 – Page 29 of 245 Meridian City Council August 20, 2019 Page 8 of 44 De Weerd: Thank you, Jenny. Council, any questions for Jenny at this time? Seeing none. Mr. Clerk, any testimony? Johnson: Madam Mayor, there are no sign-ins. De Weerd: Okay. This is a public hearing for our 2020 budget. Is there anyone who wishes to provide testimony on this item? Okay. Cavener: Madam Mayor? Borton: Mr. Cavener. Cavener: Wish somebody was here to testify, but since nobody is coming forward, I move we close the hearing on the proposed fiscal year 2020 budget. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just a brief comment, because we have got a lot of people in the room, so we will take a brief advantage of that, since there is lots of citizens around and -- and the process that happened right here is somewhat abbreviated and seems kind of truncated, but just for a little bit of context, throughout the spring our Finance Department works with each department and the Mayor and Council liaisons to develop and craft the base budget and, then, various enhancements that go with it. We, then, meet in June over two days at workshops where we kind of tear into it a little more in detail, get the questions answered. These are all at public hearings. We do it again in July. And, then, meeting here as well. So, this is kind of the tail end of a long, long, long process. So, the -- the specifics of each subcategory of every subcategory, we vet and pull apart through all of that process in a public manner, receiving public input throughout that process, e-mail or at the grocery store, to get citizens' input. So, this is the tail end, which always kind of catches us odd, because there is never -- rarely if ever a single comment and I think that is due in large part to a lot of the good work that's done in advance by our Finance Department and the Mayor crafting this budget with everyone's input and being -- making it accessible to the public. So, while it -- if you don't know anything about our budget process, this might look kind of weird and really quick, but for us it is step 27 of a 27 step process. So, I thought it would help to provide some context to what has culminated in today's vote. Meridian City Council Meeting Agenda September 3, 2019 – Page 30 of 245 Meridian City Council August 20, 2019 Page 9 of 44 De Weerd: Thank you, Mr. Borton. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I didn't know if Councilman Borton was going to make a motion. So, if not, I move that we approve the proposed fiscal year 2020 budget in the amount of 120,525,396 dollars. Borton: Second. De Weerd: Okay. I have a motion and a second to approve our proposed fiscal year 2020 budget. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Surprise, Councilman Palmer has commentary on the budget. I -- I can't support the budget. I -- I have 1.2 million reasons why. I won't go through all of them tonight. I have tried going over them for four years and I think the most I have ever gotten cut out of a budget has been a couple thousand, only because we had a department head that didn't know what it was. It was in one item that was in his budget a few years ago. But just -- just a couple -- a couple of the items that I just can't bring myself to increase your taxes to keep in the budget are 10,000 dollars for a public art consultant. We have in code that we spend 50 cents per citizen up until we have 100,000 citizens, which we do now on art in public spaces. It's in our code that that's what we do. Now that we have reached that, we would like to spend more on art than that 50,000 dollars a year and so we have about 91,000 dollars built into -- to this year's budget. That means almost 200 of yours and your neighbor's entire Meridian city portion of your property taxes is going just to -- to public art. We have about 600 something thousand dollars going to public transit for buses that people aren't riding. There is -- there is just tens of thousands of different items and hundreds of thousands in others that we are wasting of your tax dollars and it is so depressing that nobody looks at it. That we do such a great job of throwing it in there and making it all confusing with all kinds of other stuff that nobody notices or sees it and comes to comment about it. So, then, we feel good about ourselves, just go ahead and vote for it, because nobody came to object to it. So, this is my last year, I'm retiring. So, I pray that -- that because four of us are being replaced up here that -- that hopefully we have a future Council and Mayor that takes more of your hard earned dollars to heart and realizes what it is that we are spending on. De Weerd: And I would love to just ask for the question, but I will say that I appreciate our community and supporting the fact that there is more to developing a community than -- than most people think. Building a premier community to live, work and raise a family is all about safety, it's about our neighborhoods, it's about taking pride in the place that Meridian City Council Meeting Agenda September 3, 2019 – Page 31 of 245 Meridian City Council August 20, 2019 Page 10 of 44 you live and in our citizen surveys we do get comments and people weigh in on where some of those priorities are. Where public transportation may not mean something to one of us, it does mean something to maybe your neighbor. Same with community events or public art or parks or prevention programs -- all kinds of things make up this budget. We do appreciate -- our community does provide us input in a number of different ways and -- and it's great that we have a Council that has a differing opinion that adds to the decision making process. So, with that, Mr. Clerk, will you, please, call roll. nt, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: And -- and for what it's worth, I hope, either throughout this process or at some point there is some lessons learned on what I see as professional decorum. So, I take exception to your comments about not taking a citizen's tax dollars at heart. We went through all of this in painstaking detail over many, many months and we can have professional disagreements on what might be appropriate for a particular item, but I do take exception to -- and can't let your comment stand aside that we don't take the tax dollars to heart and we don't take this process either seriously or it's made confusing. It's not made confusing. We went through this together over many months. So, I strongly disagree with that characterization. Take exception to it. The citizens' tax dollars are important to me, as they are to you. De Weerd: And I will thank staff, thank you to the Finance Department, to all of our departments liaisons that do spend a lot of time going over every line item of this process. So, it is lengthy, as Councilman Borton pointed out, and there is a lot of painstaking detail to this. C. Final Plat for Shelburne East No. 1 (H-2019-0077) by Shelburne Properties, LLC , Located at 4080, 4115, and 4205 E. Bott Ln. D. Final Plat for Shelburne East No. 2 (H-2019-0078) by Shelburne Properties, LLC , Located at 4115 E . Bott Ln. E. Final Plat for Shelburne East No. 3 (H-2019-0079) by Shelburne Properties, LLC , Located at 4330 and 4301 E. Bott Ln. Meridian City Council Meeting Agenda September 3, 2019 – Page 32 of 245 Meridian City Council August 20, 2019 Page 11 of 44 De Weerd: But with that said I will move on to Item 8-C, which is a final plat for H-2019- 0077. This has been requested to vacate from the agenda, along with Items D and E and, staff, do you want to just give us a brief overview of the request behind this. Allen: Thank you, Madam Mayor, Members of the Council. The applicant has some issues to work out with an irrigation easement that runs along the east boundary of the property adjacent to building lots and there has been some difficulties with that. So, that's the reason for the request to vacate. It will be back on a future agenda. We just aren't sure which date. De Weerd: Thank you. And rather than continuing it every agenda, we appreciate that. Okay. Council, I do need a motion to vacate these from the agenda. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move, Madam Mayor, to -- to -- that we vacate Items 8-C, D and E from the agenda. Milam: Second. De Weerd: I have a motion and a second to vacate Items 8-C, D and E from the agenda. All those in favor say aye. I think I had all ayes. MOTION CARRIED: ALL AYES. F. Final Plat for Sky Mesa Subdivision No. 2 (H-2019-0083) by Engineering Solutions, LLP, Located NW of the intersection of S. Eagle Rd. and E. Taconic Dr. De Weerd: Okay. Thank you. Item 8-F is a final plat for H-2019-0083. And this has a request to continue. Sonya, can you talk to us about this request? Allen: Yes, Madam Mayor, Members of the Council. The applicant submitted a final plat that staff wasn't sure was entirely consistent with the approved preliminary plat, so there has been some discussions back and forth and some changes being made to that plat. So, the applicant just needed another week to make those changes. De Weerd: Okay. Council, if you feel comfortable with that I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we continue H-2019-0083 to August 27th, 2019. Meridian City Council Meeting Agenda September 3, 2019 – Page 33 of 245 Meridian City Council August 20, 2019 Page 12 of 44 Cavener: Second. De Weerd: I have a motion and a second to continue this item to August 27th. All those in favor say aye. All ayes. Good job. MOTION CARRIED: ALL AYES. G. Public Hearing for Delano Subdivision (H-2019-0027) by Devco Development, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. 1. Request: Comprehensive Plan Map Amendment to include 4.10 acres of land currently in Boise's area of City Impact in Meridian's area of City Impact with a Mixed Use-Regional future land use 2. Request: Annexation and Zoning of 15.21 acres of land with R-15 11.57) and R- 3. Request: Preliminary Plat consisting of 85 single-family residential building lots, 1 building lot for a multi-family development and 12 common lots De Weerd: Okay. Item G is a public hearing for H-2019-0027. I will open this public hearing. There has been a request to continue as well. This was not posted properly, so it could not be heard tonight regardless. No? Yes, it was? Allen: Madam Mayor, excuse me. What -- what I understood was the applicant was not able to attend the hearing this evening and asked -- De Weerd: He wasn't, but he also didn't -- Allen: But he also didn't post the property. Okay. Thank you. De Weerd: So, we had a couple of reasons not to hear it. Allen: Yes. De Weerd: I do know there is concern, Council, of the September 3rd date, because it does follow a holiday weekend and so I would look for your discussion or a motion to when you want to continue this to. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda September 3, 2019 – Page 34 of 245 Meridian City Council August 20, 2019 Page 13 of 44 Cavener: For discussion sake, I will not be here on the -- the 10th. So, I just think it's important that -- I'm not saying that I have to be here, but it just -- for Council and the public's benefit, that is a meeting that I will not be able to attend. Allen: Madam Mayor, excuse me, if I may. The applicant has also conveyed to staff that they also have another hearing to attend on the 10th of September. So, the next available alternate date, other than the 3rd, would be the 17th. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The intent of posting is to provide notice and give the public an opportunity to participate. Clearly there is many here who wish to do so. September 17th seems to be the best date to allow our entire Council and Mayor to participate, as well as the public. So, with that I move that we continue H-2019-0027 to September 17th. Little Roberts: Second. De Weerd: I have a motion and a second to continue Item D to the 20 -- or the 17th of September. Cavener: Oh, sorry, Madam Mayor. Just a question before you call for the question. De Weerd: Uh-huh. Cavener: Where we are changing the date with the public hearing, we are going to renotice it? Is that our -- is that the intention of the motion to also renotice and who will bear that expense to let the public know of the appropriate date and time? De Weerd: Well, I don't know if the -- the mailings went out, but it was never posted on the site, so that would still need to be done. We can put it on NextDoor. Do you know -- did we do -- Johnson: We did, Madam Mayor. We noticed with the Meridian Press and NextDoor, as well as the postcards. So, if you would like us to renotice those we would just need to know your direction. De Weerd: And certainly that can be part of the motion and I would appreciate if -- if that is part of the motion to state who is to pay for that. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda September 3, 2019 – Page 35 of 245 Meridian City Council August 20, 2019 Page 14 of 44 Borton: It is part of the motion. It is the intent that it's the applicant cover those costs. De Weerd: Okay. Second agree? Who was the second? Oh, Anne was the second. Second agrees. So, the motion was to continue this to the 17th of September with renoticing in all aspects. All those in favor say aye. Any opposed? Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: And we apologize for those that came this evening for this. Hopefully you will share with others the new date for this meeting. So, thank you for joining us tonight. H. Public Hearing for Silver Springs (H-2019-0058) by Tall Timber Consulting and Todd Campbell Construction Inc., Located at 1035, 1157, 805 & 905 E. McMillan Rd. 1. Request: Annexation and Zoning of 5.19 Acres of Land with an R-4 2. Request: Preliminary Plat Consisting of 57 Building Lots and 6 Common Lots on 19.74 Acres of Land in the R-4 Zoning District De Weerd: Okay. Item 8-H is a public hearing for H-2019-0058. Okay. With clearing the room I will go ahead and ask for staff comments under Item 8-H. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for annexation and zoning and a preliminary plan. This site consists of 19.74 acres of land. It's primarily zoned R-4 with the east lot, Lot 4, zoned RUT in Ada county. It is located at 1305, 1157, 805 and 905 East McMillan Road. This property was previously platted as Lots 1 through 4, Crestwood Subdivision. Lots 1 through 3 were annexed into the city in 2006 with R-4 zoning. The Comprehensive Plan future land use map designation is low density residential for all of the properties, which calls for three or fewer units per acre. The applicant is requesting annexation and zoning of the eastern 5.19 acres, Lot 4, Crestwood Subdivision, of the site with an R-4 zoning district. A landscape nursery is currently operating on this piece of the property and is proposed to continue operations in the city until December 31st of 2022 at the latest in order to sell off their existing inventory. The nursery has been legally operating in the county and was recently approved to operate for an additional five year period of time. It is classified as a nursery or urban farm and a contractor's yard in the UDC, which is a prohibited use in the R-4 district. However, because the business is currently legally operating in the county, it would be considered a nonconforming use in the city. As such the use may continue if deemed appropriate by City Council, as long as it remains lawful and is not expanded or extended per the standards for nonconforming. A preliminary plat is proposed as shown consisting of 57 single family residential building lots and six common lots on 19.74 acres of land for the development of single family residential detached homes at a gross density of 2.89 units per acre, consistent with the low density Meridian City Council Meeting Agenda September 3, 2019 – Page 36 of 245 Meridian City Council August 20, 2019 Page 15 of 44 residential future land use designation. This property was previously platted as Lots 1 through 4, Crestwood Subdivision, Lots 1 through 3 were annexed previously into the city, as I mentioned, with R-4 zoning. There are four existing homes and some accessory structures on this site that are proposed to remain on lots in the proposed subdivision. All other accessory structures are proposed to be removed. The subdivision is proposed to develop in two phases as shown, with the last phase developing once the landscape business use ends. One public street access is proposed via East McMillan Road. An existing stub street, North Mooney Falls Way, at the south boundary of the site is proposed to be extended with development and a stub street is proposed to the east for future extension. All of the existing homes will take access from local streets within the development, except for one at 1035 McMillan Road, Lot 12, Block 3, and that is this one right here where the arrows are, which proposes to retain their two driveway accesses via McMillan. Council approval of a waiver to UDC 11-3A-3 is requested for these accesses to remain. ACHD is requiring the west access to be closed. And that's just a little photo of the existing home and the driveway accesses and the garage there in your lower right. The cul-de-sac on the west end of the site does exceed the 450 foot maximum length standard allowed by the UDC and that one is this one right here, if you can see my pointer, and that is measured from the near edge of the road here to the center of the cul- de-sac and they do exceed it by approximately 50 feet. The applicant is requesting Council approval of the length as is. However, there is no provision in the UDC to allow the Council to grant an exception to this standard. A 25 foot wide landscape street buffer is required along McMillan Road as proposed, containing a five foot wide detached sidewalk. A minimum of ten percent qualified open space and one site amenity is required to be provided with this development. The revised qualified open space exhibit as shown depicts 1.96 acres of common area and a children's play structure and micro path to the school site to the south as amenities in accord with UDC standards. Conceptual building elevations were submitted as shown for the proposed single family residential homes. Summary of the Commission hearing. The Commission did recommend approval of these applications to the City Council. Dave Yorgason, the applicant's representative, testified in favor. No one testified in opposition or commented on the application. Written testimony was received from Sharon Reynolds. She feels the growth and traffic congestion is out of control and would like a moratorium placed on building as existing infrastructure can't support the growth and also written testimony was received from the applicant's representative Dave Yorgason in response to the staff report and that is part of the public record. Key issues of discussion by the Commission are as follows: The applicant's request for Council waiver for the existing driveway access via McMillan Road to remain for the home at 1035 East McMillan Road until such time as the property redevelops. The cul-de-sac that exceeds the maximum 450 foot length standard in the UDC. The existing landscape business continuing to operate on the parcel proposed for annexation. And, finally, timing phasing for construction of the sidewalk in front of the property at 1157 East McMillan Road. Basically in phase one all together or phase two. Commission changes to the staff recommendation. There was an addition of DA provision that was recommended by staff with a change to the phasing of the sidewalk along McMillan Road to allow it to be constructed with each phase of development, rather than all with the first phase. Outstanding issues for City Council. The applicant is requesting approval of the Council waiver, as I previously mentioned, to UDC 11-3A3 for the existing Meridian City Council Meeting Agenda September 3, 2019 – Page 37 of 245 Meridian City Council August 20, 2019 Page 16 of 44 driveway access via McMillan to remain for the property at 1035 East McMillan until such time as the property redevelops. The Commission was in favor of the applicant's request on this item. And, second, the applicant's request for the cul-de-sac length that exceeds the maximum standard to be approved as is. And as I mentioned, there is no provision in the UDC to allow Council approval of the applicant's request. Staff is recommending the application is continued to a later hearing date in order for the plat to be revised to comply with the revision, as the revision may significantly affect the layout of the plat. Unless the applicant has an alternative to present at the hearing tonight. Written testimony since the Commission hearing has been received from Dave Yorgason, the applicant's representative, in response to the Commission recommendation. Staff will stand for any questions. De Weerd: Council, any questions for staff at this time? Okay. Would the applicant come forward. Good evening. If you will, please, state your name and address for the record. Yorgason: Good evening. My name is Dave Yorgason for the record. 1425 West Battenburg Drive, Boise, Idaho. And, Sonya, can you find my little PowerPoint presentation, please? Sorry, I didn't know it did that. While they are pulling that up, I will just add one comment, Madam Mayor. Thank you for announcing the Tabernacle. It sounds like you had a chance to go through it and I, too, have done the same and actually had a chance to be a tour guide a few days ago and it's -- it's a life changing event for some of us. So, I appreciate you bringing that up to the public. De Weerd: Absolutely. It was -- in was incredible. Yorgason: Thank you. I appreciate your mentioning that. Can I drive now, Sonya? Thank you. This is the latest layout that we have for you as a result of the conversation that we had with Planning and Zoning Commission and staff. I will just jump forward. I thank staff for their presentation and all the details. I won't over repeat anything, but I do want to touch on some summary highlights. This application is unique in many ways. This is two developers working together. It is two developers, Tom Campbell and myself. Todd's a developer-builder. He is also here tonight and available for questions if you have any. The total site is 57 homes, four of which are existing homes. So, that's part of the challenge working on infill is working around existing homes. So, there is four existing homes and 52 -- 53 new home sites. As mentioned, four parcels totaling 20 acres. Three of them were previously annexed into the city in an R-4 zone. We are not asking to rezone those, we are asking to annex the eastern parcel and, as mentioned before, it's an existing landscape business with a legal current functioning and recently extended conditional use permit in the county. It will be custom and semi-custom homes. It will be a nice addition to the community that we are adding pedestrian access to the school site, southwest corner of the property, as well as adding a children's tot lot within the development. This is infill, which has some challenges, and there is really three primary -- one of which we think we have worked through all the details and that's the existing landscape business. There is -- there is a lot of interesting pros and cons to introducing -- or allowing us to move forward and really feel strongly this is the right thing to do. We are actually limiting -- instead of being five years it will be three years or less to -- to end the business Meridian City Council Meeting Agenda September 3, 2019 – Page 38 of 245 Meridian City Council August 20, 2019 Page 17 of 44 operations. There is actually over -- well, approximately a thousand trees on the property, many of which are grown on site. You can only remove them either spring or fall, depending upon the type of tree and so you just can't move them all at one time. It's based on expected business for the upcoming year and one and probably two years is inadequate to -- to time that correctly and so that's why we have phased this development to be a two phase development and so that -- we think we have worked through all the details. We agree with all the conditions as staff proposed and Planning and Zoning Commission approved and the business owner also agrees to all these conditions as submitted. The two items I would like to focus on now are access and the design layout, which refers to the cul-de-sac that Sonya mentioned briefly. We are also competing with existing homes and the trees in the area. I failed to mention there is about a hundred -- almost 150 existing trees that we are working around, in addition to the landscape business trees, many of which we are trying to keep. Some are sick and we will take those out, but there is quite a bit of -- of challenge maneuvering that. We agree with the city staff report, except for a couple changes and we agree with the ACHD staff report. So, the cul-de-sac, which is really our big item for discussion here tonight. The yellow arrow points to a 50 foot wide easement that is in the Copper Basin common area. It was recorded on their first phase of their plat and it says on there for ingress-egress to adjacent parcel. That's all it says. Which everyone assumes 50 foot for a road, that's adequate for a road to stub through there and it aligns perfectly with the existing street here to the west. I will use my little pointer over here and over here. So, I went and talked to the neighbors, as I was asked to do. It took a long time to organize a meeting, because they weren't real excited to meet I guess. Finally arranged a meeting early this year in January, February. Met with their annual homeowners meeting actually and met with them. And, needless to say, it was a very difficult meeting. I will just say it was probably one of my top two toughest neighborhood meetings I have ever attended in my career. They were clearly not interested in working with us to have public connection there. So, I reached out and talked to ACHD and said what can we do? Can you help us there? And their legal department researched it and concluded they cannot. It is not dedicated or even stated for a public purpose. So, it's on private property. It's an easement that cannot be used for a public purpose without permission of the private landowner and the private landowner will not give that permission. We asked if we could buy it. They said no. I won't give you all the other discussion points, other than it just cannot happen. And so because of that this site -- this portion of the site is really constrained. We are working with the existing home. We are removing the access on the home. It currently has frontage and access on McMillan. We are taking that away. In fact, there are many accesses with all four parcels. There is like six or seven total accesses and when we are all done we will be down to two, someday maybe one. With that in mind we are really site constrained. This western side cannot go west. It can't go south because of the school and it can't go north because of the existing home and so because of that, as Sonya properly mentioned this, the cul-de-sac length is too long. We recognize that's 450 -- more than 450. I have built subdivisions in the city, including one that was about a mile east of this site called Settlers Bridge and it, too, had some site constraints. I'm thinking of a canal that we could only get one bridge across the canal, so we ended up having a cul-de-sac that was much, much longer than 500 feet and in that case the fire department expressed concern and we ended up putting a -- an emergency access out to McMillan Meridian City Council Meeting Agenda September 3, 2019 – Page 39 of 245 Meridian City Council August 20, 2019 Page 18 of 44 in that location. ACHD is fine with this cul-de-sac length. They approved it in their staff report. City of -- all the other cities in this jurisdiction in the county would be fine with a 500 foot long cul-de-sac, but Meridian planning code says 450. We are asking for your help tonight to approve this at 500 feet. So, just a quick summary. We are asking the Commission in A-2-B to allow the western cul-de-sac per of the design. We worked with -- I think -- we are working with an existing problem, because of the site constraints coming from all sides, north, west and south. We just can't accomplish something there. We are reducing the accesses, including one for the existing home, with a lot of alternative designs and we either lose lots or we lose lots and have more common driveways, which I don't like, because that means more people want to park out there on the street and there is no place on the common driveway, so it will be -- probably a parking concern for our future residents. It's a challenge for us. We recognize that. We are hopeful you will help us tonight by deleting condition A-2-B and allow that cul-de-sac as we propose. Lastly -- and I will just touch on this real briefly. The address at 1035 East McMillan -- Boyd Hill has lived at that place he says -- on the site. He built it back in the '70s when the home was first built. Raised his family there. In fact, I grew up with several of his kids at that place and Boyd is now in his '80s -- 82 or 83 years old. Wants to stay at that house until he is no longer able to, but he wants to keep his address and keep the access. Originally we did ask for two accesses per the existing design with the -- with the roundabout. I'm sorry with the two accesses as shown. Not a roundabout. It's the drive through. And ACHD was fine with that, because they even see that as a safe means, because it's an easy in, drive through, drive out and one of the accesses where the red arrow shows aligns with Larkwood Street, which is a key point here. But staff has asked that we remove one of the accesses and we have agreed to that and so we ask that we be allowed to have one access that aligns with Larkwood Street, which has been allowed and granted I know by this Council many times. I know it's not preferred, but it would be for while Boyd lives in his home and that is our request and so in quick summary, ACHD and the Planning and Zoning Commission both seemed supportive of that concept of only one access, because it does align with Larkwood Street and so our request would be to delete condition A-2-D or to just restate it to modify the condition and allow it until the -- the existing access until the property is redeveloped. We would be fine with either of those if that's the direction the Council wants to go. In quick summary, again, these are two developers working together. Not always happens, but it is happening here. We are working together to try to bring infill development together trying to work through and maneuver all the challenges which this site poses. It will be a quality and compatible development to the surrounding neighborhood, but we do ask for your approval tonight with the two changes that I have discussed tonight and delete those two conditions or modify as you see fit. Thank you for your time and I would like to stand for any questions and even dialogue, if appropriate, pertaining to that western cul-de-sac. Thank you. De Weerd: Thank you. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda September 3, 2019 – Page 40 of 245 Meridian City Council August 20, 2019 Page 19 of 44 Palmer: Madam Mayor. Staff. So, these situations that we run into on occasion where it makes perfect sense to grant a waiver or whatever we might need to do, where code literally doesn't give Council the ability to do it. Council can change code, but Council can't make modifications or waivers of code sometimes in the moment. How -- won't -- does the staff any have -- have any objection if -- if code were to allow this, is there any reason why that configuration is concerning or is it simply just because we literally can't do it in this moment? Allen: Madam Mayor, Council, obviously, because code prohibits it we can't allow it, but it -- it's probably more of a question for emergency services. I would direct to the Fire Department. De Weerd: Happy anniversary. Bongiorno: Yes. Thank you, Sonya. So, the cul-de-sac length won't make that much of a difference for Fire, as long as the cul-de-sac itself is built to the appropriate size, 96 feet minimum with no parking on it. Getting around the corner is -- is not an issue for Fire. Palmer: Madam Mayor? De Weerd: Okay. Mr. Palmer. Palmer: The question -- I'm not sure who to direct it to -- is how quickly can we change that to allow Council to make a decision on things that make sense like this? De Weerd: I think staff probably is thinking the same thing. Nary: So, Madam Mayor, Members of the Council, if you recall we had a project before you a few months ago that had a prohibition for storage units in that type of development. So, that -- so that applicant, then, filed a request for a code change. It went through the Planning and Zoning Commission as required. It came back in front of you for that project and he basically put that project on hold while he did that. It takes -- I'm going to say two and a half to three months and he said four. So, somewhere about three months is about the process it would take to change the code to alter the standards that already exist. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, as much as I would love to just say, yeah, obviously, that makes sense and what else are you going to do relative to the guy's house. We can't. The -- the few months delay so we can fix this, so that, then, hopefully, in the future Council has the authority to make decisions -- I don't know what else to do, though. Yorgason: Madam Mayor, was that a question to me? Meridian City Council Meeting Agenda September 3, 2019 – Page 41 of 245 Meridian City Council August 20, 2019 Page 20 of 44 Palmer: Yes. De Weerd: I don't see anyone else dying to answer it. Yorgason: Madam Mayor and Council Member Palmer, I don't know the history as to how other projects got approved specifically. I don't know if the code has changed between then and now. The 450 foot length. I don't know. I don't track every single -- well, I track quite a bit of your code changes. I don't recall the timing of when all of them specifically -- I don't know when it would have changed. The western half of this property is Todd Campbell's. Just to be wide open with my Council Member friends here. So, he needs to be part of this discussion. I appreciate your support if that's what I heard from one member of the Council here for some kind of solution. It's a question of timing is what I think I just heard. Palmer: Madam Mayor? Oh, sorry. Yorgason: I had a thought, but before I go there maybe there is another suggestion. Madam Mayor, maybe one answer is we could look at breaking this up into three phases and we could run that as a second phase, while we are trying to get this through the process, recognizing that we have to meet that condition or modify the code. I don't hear any jabs or barbs from my right shoulder yet, so I don't know if I'm off base yet. I have to check with Mr. Campbell. But I don't know if -- recognizing the timing I just heard you say, I think we could go through the process and -- and I don't know if that's a possibility of writing the condition in that way where we would work with the city to find a way to give the Council that flexibility. I know that my two landowners are not excited about waiting three or four months, unfortunately. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Mr. Nary, I know this might give you heartburn, but can we approve something against code contingent on it complying with code by the time it's constructed? Nary: So, Madam Mayor, Members of Council, Council Member Palmer, no. But we could -- part of this is an annexation, which isn't contingent upon that. Really, the only issue in regards to this block length is the preliminary plat that's being proposed for that section. So, I think that's really the issue. You still -- you still could go forward with most of this project. The preliminary plat would be problematic today based on the way it's drawn, because it's not compliant with code. We can't presume the code will be approved. That's -- that's my concern on approving something contingent on something else happening in case it weren't to happen. So, that's the reason we couldn't do it that way. I don't know from the Planning's perspective on how we would at this juncture go forward with the annexation and zoning and the preliminary plat for the other two phases that aren't contingent upon the block length issue and, then, an application is going to follow Meridian City Council Meeting Agenda September 3, 2019 – Page 42 of 245 Meridian City Council August 20, 2019 Page 21 of 44 from Mr. Yorgason and Mr. Campbell in regards to the code change to allow 500 foot block lengths. I'm assuming, without knowing from -- from Chief Bongiorno -- there was some point that it's too long. I don't know what that is. But I think that's the only way I could see moving forward with this application to keep it on track is to separate that piece from the preliminary plat, but we could still move forward with the annexation and the preliminary plat on phases one or two. Bongiorno: So, Madam Mayor and City Council and Dave and Sonya, I was just pulling up my comment sheet for roadways and that magic number that you're looking for is 750 feet. Once you get over 750 feet you have to have special approval. So, what it says for dead end fire apparatus roads that are between 500 and 750 feet in length, the roadways have to be built to Ada County Highway District cross-section standards and have a clear driving surface of 26 feet and width available at all times and shall have no parking on both sides of the street. So, that's when you get in that 500 to 750 range. Yorgason: Madam Mayor, I'm familiar with that specifically. I don't need to talk about all other city's codes, but yours is the shortest for whatever reason. I'm not here to debate why you came to that number, but recognizing that's what we are working with today. I know the 450 is not a safety issue. It's just -- it was a planning determination at some point by the city. I heard maybe another question. I don't know if there is more questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Similar to what Dave proposed was something I was going to ask and that piece was somewhat addressed, but if the second piece was for -- for staff, Sonya or Bill, Dave indicated that, you know, cul-de-sacs over 450 have been approved before. Is that something you're able to recall? And if so -- again I hate putting you on the spot, but what -- what were the findings to allow that then that we aren't able to rely on today? Allen: Madam Mayor, Members of Council, to my knowledge the code has not changed. It's something that Council may have approved against the code without any finding supporting it. Correct me if I'm wrong, Mr. Nary. I can't think of any specific projects that exceeded the cul-de-sac length, but -- Nary: Yeah. Madam Mayor, Members of the Council, I don't recall specific detail on that, so I couldn't tell you one, two or how many projects exist out there like that. I don't know. Yorgason: Madam Mayor, if I could add one more for your consideration. I read a lot of your code over the last few days and I don't memorize code very well, it's not my expertise. Mr. Borton maybe better than me. However, I did notice in some sections of code where it references if there are site constraints and that's what this site has. Now, specifically that site constraint language referred to typography. Maybe it's hillside or some other types of constraints where that was -- was recognized. If I had a code number I would give it to you, Mr. Nary, but I don't have it with me right now. But there is some references Meridian City Council Meeting Agenda September 3, 2019 – Page 43 of 245 Meridian City Council August 20, 2019 Page 22 of 44 to street lengths or access lengths because of that. This site has -- it has those site constraints and so if you're looking for a finding -- I don't know if that gives you what you need, but we just -- we can't make that work. I have looked at it so many different ways to come in, moving the road, coming in just south of the existing house -- second house and bending the cul-de-sac the other direction and it actually made it worse, not better. As the fire chief mentioned -- chief I guess is your title for now -- mentioned that we have a common driveway length, which I think the cul-de-sac is at that length, 150 feet, plus or maybe minus a foot or two. We are certainly willing to extend those common driveways all the way through to McMillan if that helps, but I don't know if that really helps at the end of the day. Settlers Bridge was over 800 feet. If I measured it today it almost would take a thousand feet. It is a substantially longer cul-de-sac than 450 or even 750 feet, which is why that emergency access was put in. That subdivision is about a mile east of this -- or less of this location on McMillan. So, we are trying to find an answer and maybe you're telling me you can't. I understand. I'm just hopeful you can help us and if that means we try to find a way to accept these conditions, but, then, we have the opportunity to come back with modified conditions, if we can get that section of the code changed I -- don't know if that is even an option, but I know that my landowners are not willing to wait any longer, unfortunately. Oddly enough, the way the stub roads work to the south, the one that's to the south property, straddles those two properties. So, these get developed together is how that works. The property on the far west -- well, all three of them they are already in the city limits, which is another interesting fact to this. It would have been approved with the current subdivision on it, but due to the downturn it didn't move forward. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Dave, I'm -- I'm only kind of guessing by the temperature up here, that selling us on the -- on the length isn't -- isn't really the issue that we -- I think if we could vote on that I would guess that we are probably unanimous, that we all support that in this particular circumstance. And, again, it just comes down to what we can and cannot do. So, we have to follow the law unfortunately. So, I'm loving all of the -- the ideas of, you know, could we do this, could we do this. Personally I feel like we just kind of have to kind of give this to Mr. Nary to guide us through what -- what really we can do and willing to do this, it may not be able to work out today for this particular design, but, again, if we can do -- get part of it done, so you can get going and, then, change the code and bring it back, unless there is anything else. I just don't want you to feel like you didn't -- like you're -- you're selling us and -- I'm pretty sold. I get it. It makes sense and I would vote for it, but not if I can't. Yorgason: Madam Mayor, Council Member Milam, I appreciate that and I think I understand where all of you are coming from here. We are not asking for a denial, that's for sure. Make that really clear. We're just asking for you to -- Milam: We are far away from that. Meridian City Council Meeting Agenda September 3, 2019 – Page 44 of 245 Meridian City Council August 20, 2019 Page 23 of 44 Yorgason: Thank you. We are asking for you to approve what you can approve. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just to cut to the chase, right, we are stuck, so my thought when I first got to this stage is almost an apology, because this should have come up two months ago and you could have run a parallel application with this. So, why it's -- I don't even know how it got through P&Z without this being forced to say we have got to solve this. So, we can do a couple of things. I mean it could, for example, get continued a week to see if there is any site constraint exception concept. It doesn't sound like there is, but to do it right now it's kind of tricky, but it's one week. If your crew and our Legal Department and Planning can find something that gets everyone where they need to be and you uncover that in a week, quicker than tonight, and if that's not possible and it necessitates a code change application to run, then, you're stuck and I think the last one we continued -- to get like three a month continuance and let them all catch up, because if we are stuck we are stuck. It's not -- we just don't have any choice to do anything else and my risk trying to come up with something tonight on the dais -- probably not the best way to craft -- and that's my initial thought of a week to at least let people chew on it. Should have happened 30 days ago. Allen: Madam Mayor? Yorgason: Madam -- sorry. Allen: Excuse me if I may. De Weerd: Sonya. Allen: To clarify, Councilman Borton, this is not a new issue. We have met with the applicant back in February 14th at the earliest and it was written on the pre-application meeting notes and we did discuss it with the applicant at that time, so -- and it is -- was in the staff report to the Commission as well. So, it is not a new issue. The applicant's been fully aware of this issue since the very beginning. Borton: But I guess -- then we should change our process that somehow so you can't even get to a public hearing and if you have an application that isn't legal and we are not lawfully allowed to approve it, what are we doing? And maybe that's a conversation for another day. De Weerd: But I think that's also what staff points out, too. Borton: But, Madam Mayor, to improve our process maybe we add some element that says if that circumstance ever exists you don't get a hearing. You can't. You're done. Because it forces the conversation earlier with an applicant and our staff to come up with Meridian City Council Meeting Agenda September 3, 2019 – Page 45 of 245 Meridian City Council August 20, 2019 Page 24 of 44 any possible solution and if there is not, then, at least you know earlier and if it's bad news the earlier you know it the better. So, I'm not saying you didn't raise it, but our process allows this to get to us and that's very sad, you're working through all these knowing we are going to get to a dead end here and the applicant knows we are going to get to a dead end, so -- Yorgason: Madam Mayor, if I could just add, no, I'm not faulting staff at all. I didn't really think it was an option to run a code change. I didn't think that one through, but the other thought I have is I know we are in the public hearing and if you want to let the public comment for maybe a couple of comments here and, then, I will come back and see if we have an answer at the end, if that's okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: On another note, I really like the playground in this. Just to point that out. Yorgason: Madam Mayor, that's not a surprise comment. Thank you, Council Member Milam. De Weerd: I know. I'm shocked. Usually she doesn't. Milam: I like it. Yorgason: Thank you. We are trying. Thank you. Thank you. De Weerd: Thank you. Yorgason: You're welcome. De Weerd: Mr. Clerk. Johnson: Madam Mayor, there is one sign in and I apologize for the name if I get it wrong. Dr. Rand Spiwak. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Spiwak: Good evening. My name is Rand Spiwak. I live at 1458 East Loyalty Street in Meridian, between McMillan and Ustick off of Locust Grove in the Heritage Common Subdivision. I retired back in 2010. Was a chief financial officer and college president in Florida. We moved here because this is a wonderful city and I agree with the Mayor stating that when you put your budget together -- and I had a 290 million dollar operating budget and you spend as much time, but not more than my staff did at the university, but I do appreciate what you all do. I serve here in a number of voluntary positions. One of Meridian City Council Meeting Agenda September 3, 2019 – Page 46 of 245 Meridian City Council August 20, 2019 Page 25 of 44 them is -- we call them ditch riders. They are also called irrigation managers and I manage -- volunteer my time managing the Parkins Norse Irrigation Lateral No. 14, which is from Eagle Road to Meridian right through the middle of those subdivisions between McMillan -- or Eagle Road to Meridian between McMillan and Ustick. The last four major parcels on our subdivision are these four that would make up this -- the 20 acres that would make up this subdivision. These folks came to us to talk about how we would work that out. They were so easy to work with to try to figure out how to protect all of the 690 homeowners to the north of them upstream and we are still working on some ways to make it more efficient. In looking at the city agenda and realizing there were two things on there of question, I thought I would speak to one and now I would like to speak to both. First Boyd Hill. Boyd is the gentleman -- he is 85 years old, who lives on McMillan. 1035. Wife passed away I think about four years ago. He will remain on that property probably until he passes away, giving him access to McMillan and -- and keeping that address is awful important to a gentleman that is an elderly gentleman. We thought we were going to lose Boyd last Christmas because of his health, but he's hanging in there. This was just -- he thought this meeting would go to 9:00 tonight and that's way past his bedtime. So, I promised Boyd I would come and talk to you. Boyd taught me everything I know about the irrigation lateral. He managed it when it was open ditches all those years back 50 years ago. I think 1940 -- he's been there 47 years. 1960 -- '73 I think he bought the land. So, approving that would be really special, at least until he passes on and, then, do whatever you need to do with the exit onto McMillan. I asked him -- called him today and asked him was that a paved road when you bought your land or was that still gravel? He said, well, it was a skinnier paved road, but it did have asphalt. He has a circular driveway currently. And, then, I have talked with Mr. Yorgason and was curious about the cul-de- sac issue. I live in Heritage Commons. We have two cul-de-sacs. We have one which is the -- the northern end of Quenzer and the southern end of Colbourne. Both are over 600 feet long. This Council approved those with Dave Turnbull and Brighton Corporation back in 2003. If the ordinance existed then the Council took some action to approve it. It has not been a problem. Chief Bongiorno has been out to our subdivision -- in fact, we were the first HOA that he inspected our clubhouse and I think we came away with flying colors and he didn't say anything about our cul-de-sacs being a problem of his trucks getting through and we have had no problem. I strongly encourage you to take action and approve that. So, those two items I wish we -- I support and wish you would approve. Thank you. De Weerd: Thank you. Spiwak: Any questions? De Weerd: Thank you. Spiwak: Okay. De Weerd: Is there anyone else who would like to provide testimony on this item? Yeah. Good evening. Meridian City Council Meeting Agenda September 3, 2019 – Page 47 of 245 Meridian City Council August 20, 2019 Page 26 of 44 LaFever: Hello. Denice LaFever. 6706 North Salvia Way. Yeah. I could not miss an opportunity to say something good. Okay? Right, Treg? First of all, Ty, thank you for looking after the taxpayers. I always appreciate that. You do a great job and I always appreciate you taking that hard look at that. So, let me say all the things that I think are really good about this application. One, I think they were very thoughtful on the transition for the properties down at the bottom, you know, the line them up to transition. The open space located in a bigger open chunk, opposed to just bits spread throughout the neighborhood. That's really good. Access to the school with a pathway looking after safety. That's another great thing. Not asking first a step up. Yea. You know. What can you say? Great looking -- great that they are looking at keeping mature trees. That's fantastic. As far as the double driveway, I think you have an avenue to go do conditional language that says remove the second access upon -- upon redevelopment. Great option. As far as the cul-de-sac, I personally like the cul-de-sacs over the shared driveways. Never been a fan of shared driveways. I think they add complexity into a neighborhood. They -- they cause people to park in front of other people, block lanes, and I know Ty and I have had differences on that, but I would much rather see a cul-de- sac. I noticed Bill looked like he was going to pull the mic over to say something about the cul-de-sac. I would really like to hear if he has more insight into the cul-de-sac issue and if it's been approved in the past. In addition to that, I think it's much better to have an alternative compliance or variance in a special case and this is where they come in really nicely, opposed to going back through and doing code changes. So, you know, this is not something we really want to do a code change on, so I do want to hear what Bill has to say. But overall I like the thoughtfulness and I like what they are proposing, so -- De Weerd: Mr. Nary, have we used variances in the past for block lengths? Nary: Madam Mayor, Members of the Council, I think we have had variances in regards to block length in the past and, then, we changed the code. So, we had issues about the block length, not having it broken up by a street or a pathway or something else and, then, we did change the code because of that. So, we did grant those while we were in the midst of changing those and that was about 15 years ago. I have looked -- to be honest -- and this is just anecdotal and I'm not using this as testimony, you can look yourself, but I'm looking in the square mile and I can't find any cul-de-sacs that are 600 feet long. I don't know if we have granted any. I don't -- I'm not aware of it. I'm not saying it didn't happen and it couldn't have happened, but under our code there is no variance attached to this particular type of use. Mr. -- Mr. Yorgason is right, you do have provision in your code talking about hardship. It is in relation to variances or it is in relation to waivers and you have had some of those, but it is specifically spelled out in your code allowing you to do that based on those kinds of findings. It isn't in this code. So, you can't simply just waive all codes, because -- because that's what they are requesting. Again, I'm not trying to -- Mr. Yorgason, he's indicate -- I mean they would have to lose a lot to make the block length work. So, that is an alternative that they have considered, but I would agree with Planning, this is an issue that's not new. This is just an option Mr. Yorgason wished to present to you as a proposal, knowing that the staff has said there is nothing in the code that allows that. Meridian City Council Meeting Agenda September 3, 2019 – Page 48 of 245 Meridian City Council August 20, 2019 Page 27 of 44 Bongiorno: Madam Mayor -- De Weerd: Thank you. Bongiorno: -- City Council -- over here. De Weerd: Where is -- Bongiorno: Voice out of the -- Mr. Nary, I am familiar with the cul-de-sac that -- that Mr. Yorgason talked about in Settlers Bridge, because I remember driving down it going who approved this. It's bad. Because it's actually a double -- it's a double cul-de-sac and they are not even cul-de-sacs. The road just ends. It's very, very poorly done. Don't -- don't -- before my time, but I know exactly what he's talking about and it's -- it's not a good thing. I will -- I will tell you that. De Weerd: Bill, did you have any comment? Parsons: Madam Mayor, Members of the Council, happy to oblige Denise, but certainly I was going to chime in and say, yes, we have done it through a variance process and through the PUD process back in the early 2000s. De Weerd: Back in the day. Parsons: Back in the day. And so that's why you will see those circumstances out there throughout the community. But to my knowledge recently we have not -- we don't have a waiver process to cul-de-sac lengths at this time in code. We did clean that up on a previous code change back in 2010 or 2011. We got burned up in Spurwing on one of the -- I did a final plat up there as part of Spurwing Greens. It's now called Spurwing Rim and it's -- it's a long cul-de-sac and it's because the way the code was written at that time, if you had a 90 at the back face, then, it extended the cul-de-sac length, so it was approved on a technicality, basically, so we went and changed the code after that occurred. De Weerd: Thank you. Okay. Any further testimony? Okay. Hearing none, Mr. Yorgason. State your name for the record. Yorgason: For the record Dave Yorgason. And for the record I appreciate those that came in support of the project. Don't always get that. So, thank you. Stream Place is the name of the street, Joe, and I won't go on the record and say who designed it, other than it was not me. Off the record I will tell everyone here if you really want to know. It doesn't matter. It's in place and it was because of site constraints because of the long narrow property due to the canal that was there. And, yes, it's probably close to a thousand feet I guess. We are trying to strategize options for the Council's consideration. Of course our preference is that you approve it. I hear you loud and clear that your hands are tied. I'm still going to ask. Maybe another option, because if we can't move this forward we may have to just not buy it. So, I don't know what would happen if -- if we Meridian City Council Meeting Agenda September 3, 2019 – Page 49 of 245 Meridian City Council August 20, 2019 Page 28 of 44 have this project approved and, then, we don't bring it forward, it would be excluded and, then, we would come back at a later date with a new plat. It's not our first choice, but that would be one of our considerations if it just gets approved as the conditions are written. One question that I don't know the answer to, so maybe staff or the city attorney can help. If we have a set of conditions of approval and, then, we come back later with a code change request -- and I don't even know what I'm asking -- if that -- if it's 500 feet or if it's just for alternative compliance or a variance or whatever that might be based on hardships, can we change our conditions of approval with that same application and call it phase two or phase three? Once the conditions are in place is that an option? I think it is, but I don't know the answer to that. So, I would look to some guidance there. I don't know that waiting a week is going to work, because we looked at so many options I don't -- we have proposed the best option. I think Councilman Borton asked the question if a week would work and we have looked at seven or eight different options in that narrow little area and, really, this is by far the best option. Just to me the negative consequences. So, that is why -- I try to bring solutions whenever I come to meetings and challenging situations like this and have at worst scenario two or three, what would you think of these. That doesn't exist for this site unfortunately. So, it probably won't get developed. Possibly. Unless we can work through some of the solutions through the alternative compliance or a code change or whatever staff would like us to do in the future. But we will quickly turn around the application. I appreciate the comments that were made and if I had thought about it I might have waited. I don't blame anybody but myself. If I thought about it I would have run another application consistent with this one to find some solution. But we didn't think of it, so let's say that. So, my ask tonight is you approve the project. I do ask the easy one I think is to retain the single access to 1045 East McMillan, to Boyd Hill's place, while he still lives there and whether it's -- until it redevelops is what is the typical language or just delete the condition. We are fine with either one. And, then, the site conditions, if it's -- if it's appropriate to approve it as is, great, but if we need to approve it with a recognition as this would be developed as a third phase, which gives us the time to come back to have a concurrent development, which would allow us to modify the conditions for approval and depending upon timing, who knows, it run so fast -- I don't have that optimism, but we will turn it right around. So, those are my rambling asks as a conclusion and I will stand for any questions. De Weerd: I think just by that summary by Mr. Yorgason you see why he is here tonight and it hadn't been resolved before now. He's still asking you to approve it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The thoughts -- and I appreciate that. The idea for the week wasn't on any redesign solution -- was, you know, what you just described, for example, to give people, you know, some days to think about it, find an exception, see if there is some language or some out for you right? I agree, it's a great project, but you're stuck. So, that was the idea of what a week might do. Meridian City Council Meeting Agenda September 3, 2019 – Page 50 of 245 Meridian City Council August 20, 2019 Page 29 of 44 Yorgason: So, Madam Mayor and Council Member Borton, if that's what the intent of the week is, we can play with a week. I can't play with three months, if that makes sense to you. Borton: Well -- and Madam Mayor. But that might be the consequence of after a week you might learn that, in fact, you are boxed in unfortunately. But if that's the case, then, in a week we would be presented with I'm stuck. The only path, if there is one that I'm choosing, is the variance application perhaps or a code change and here is what I'm going to do. Here is how long it's going to take. Or you choose not to. But at least we are not trying to figure it out up here. And, heck, maybe you find some solution that doesn't necessitate a second application. So, it seemed to be worth the short delay that, hopefully, at least you will -- you will know here is my -- if there is a path out it's this, like it or not. Spend some time now talking about it specifically and whether it's variance, code change, or door number three -- that's my thought of a week. But, Madam Mayor, one question on the week. I don't know -- what -- what does redevelopment mean in the context of the house and the two driveways? Is it a -- the house gets torn down, title transfers to a new owner? Because it may be another hundred years -- Yorgason: Madam Mayor and Council Member Borton, it could be all the above. I -- it's not uncommon to put -- I won't speak for you as the attorney, but I know it's not uncommon to put a condition on a property, so that when it sells it's on the deed or it's recorded against the property, so that any buyer knows that when they buy it they now have to take access off the back for example or maybe through the cul-de-sac, if that's what this direction wants to be. Typically it might be in the form of redevelopments. That would be -- so, the city could even see it if there is ever a redevelopment being an application that comes forward to say split that lot into two lots. Then that would be an instant red flag that pops to the world, including staff and Council here, that you know that, okay, well, it's now going to become two lots or whatever it becomes then -- now you have to take access off the cul-de-sac and that's very clear. It's recorded in the property and so that's what my experience would be, because it's -- that's just a suggestion here. Borton: And that's the easy one. The trickier one is a grandson inherits it and lives there with his family for 40 more years. If there was a concern about two driveways, maybe that's a DA discussion on what kind of language we use to have some teeth to redevelop. Yorgason: Yeah. Madam Mayor and Council Member Borton, I would say because this aligns with Larkwood Street that changes the game also. Borton: Yeah. Yorgason: If it was offset by whatever distance, a hundred feet or something, that's -- that's not appropriate, which would lead to safety concerns. That's -- but that's different here. It aligns and so I -- it's your decision, but I personally wouldn't feel like that's a safety concern. It's just a -- a comfort where the city wants to restrict access. Palmer: Madam Mayor? Meridian City Council Meeting Agenda September 3, 2019 – Page 51 of 245 Meridian City Council August 20, 2019 Page 30 of 44 De Weerd: Mr. Palmer. Palmer: For what it's worth, even though it's a minor issue compared to the other issues we are trying to deal with, my preference would be as long as it's a single property to maintain both entrances, ensuring that there is never any reason for somebody to try to back out onto McMillan. Because there is two entrances doesn't mean there is twice as much traffic coming in and out of there, it's still one residence and as long as that stays the case I think we want -- would want to make it as easy as possible to avoid somebody trying to back out onto McMillan. If we can just figure out the other issue. Allen: Madam Mayor, may I comment? De Weerd: Yes. Allen: I have several items I would like to address. The driveways in question ACHD is not allowing the western driveway. So, that's not something the city can just override. Second, if the Council ends up allowing a condition for the applicant to comply with a possible later amendment to the text of the UDC on the block length -- or, excuse me, not block length, cul-de-sac length standard, if you could, please, specify that in your motion to amend the condition a little bit to specifically say that and, then, I also did find Settlers Bridge, how that was approved at the time and that was through a planned unit development, which did allow variations to the dimensional standards at that time. They were allowed as a condition of increasing the cul-de-sac length to do so, but they did have to construct an emergency access and that -- that's another alternative that staff has discussed with the applicant in this case. Pulling the cul-de-sac back 50 feet here further to the south and, then, extending -- because that would, in turn, make the length of the common driveway exceed the maximum length standard there of 150 feet. But if the Fire Department would approve an emergency access and -- and Council would out to McMillan Road, that -- that is a possible alternative. It would ensure compliance with the cul-de-sac length, but that does require special approval from the Fire Department. De Weerd: I guess all of these comments just I think support continuing this a week and -- and having the applicant work with the city and -- on some of these various ideas and bring those back to -- to Council. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Would a scenario such as that, then, work that maybe they come back with an adjustment that none of us are -- we are okay with, but it's never our preference and, then, we work on -- he could work on changing code and, then, when the code changed, before he has ever constructed the thing, to just approve on adjusting the plan back to this. Meridian City Council Meeting Agenda September 3, 2019 – Page 52 of 245 Meridian City Council August 20, 2019 Page 31 of 44 De Weerd: I think they can work through all kinds of different ideas and see what works best coming forward. Yorgason: Madam Mayor, we are fine with the one week delay, if that's the direction here. I appreciate Sonya's direction. That's one of five of my options in my head. There is negative implications to that, assuming Fire approves it, which I think they would, but I won't speak for them to the secondary access or the emergency access. There is other consequences to lots that doesn't work for us. Doesn't matter. We are happy to work with staff for the week and come back next week, if that's what you want us to do. Palmer: Madam Mayor? De Weerd: Yes, because it seems like a tennis game right now. The ball is in your court. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we continue Item 8-H to the 27th of September. Allen: To August? Palmer: August. Sorry, I had -- I had September pulled up on my -- De Weerd: Wow. Borton: Second. De Weerd: I have a motion and a second to continue this item to the 27th of August. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: One more thing to throw out there to -- and I don't know if it could be considered a hardship, because of the blocked access from Copper Basin, which would have allowed you to do this without, you know -- I. Citywide Fee Updates De Weerd: Okay. Item 8-I is a presentation on citywide fee updates by Brad. Purser: Good evening. Meridian City Council Meeting Agenda September 3, 2019 – Page 53 of 245 Meridian City Council August 20, 2019 Page 32 of 44 De Weerd: Good evening. Purser: I have a wonderful opportunity to talk to you guys about another riveting topic in the citywide fee schedule, so -- De Weerd: It is riveting. Purser: Completely. I'm happy to talk about it. I would refer you to the public record. Councilman Cavener, thank you for bringing up -- and had me change that -- or send that to you guys. Hopefully you have that and you can refer to that. I'm going to present a summary of what those changes are. There are 57 changes that exceed the five percent. That's -- that's either positive or negative. Either way. There is 57 of those. We have five percent -- or sorry. There are five fees that fall under the five percent threshold, which don't require the public hearing and, then, we have one -- the name change, with somebody changing a nonsufficient fee to a returned item fee. On the 57 fee changes that are greater than five percent, 52 of those fees are related to Public Works. Those are city water, like hydrants, meters, those things are pass throughs, so it's just basically what it's charging us. We are passing that through. The five remaining fees are beyond the fire. Four of those are reductions. Those are part of a joint agreement that we have with other districts and those are actual reduction in -- in the fee, because of the fee structure of that agreement. There is one increase on the fire fee that's related to inspections and that just represents, you know, the cost of inspector's time and staff to cover that. Those are the fee updates for existing fees. We have some new fees. We have five false alarm fees. These have been charged typically or historically with the police department. They have been housed there. Recently some city code has changed to allow us to have these on the -- and separate these on the city schedule. Fire is wanting to do that, so we are doing that. That's why we are here today. I have one fee that's a fence permit fee. Caleb talked about this earlier as part of an innovation as part of our -- our Peak Academy. Those allow us to reduce the fee from 55 dollars down to ten dollars. So, it's a win for our citizens. We have a hydrant meter. This is a true new fee, something we haven't seen in the past, and we have an above ground storage tank, which is a fire fee, that is -- fire is bringing forward. It is also a new fee. So, really, it's -- we have two technically new fees, the rest are -- have existed in some form or fashion. Next steps. We need to publish the next two weeks the citywide fee changes and I have gathered these over the last year, so we will publish these. Have a public hearing on -- hopefully on the 10th where we can get public input and approval and, you know, if approved these -- these will be effective October 1st. With that I will take any questions you may have. And I appreciate the questions that I have received and by all means in the next few weeks as we are doing the publishing and that, feel free to reach out to me, I'm happy to -- to answer and do whatever I can to help you guys out, so I will stand for any questions you have. De Weerd: Thank you, Brad. And great summary. Council, any questions? Cavener: Madam Mayor? Meridian City Council Meeting Agenda September 3, 2019 – Page 54 of 245 Meridian City Council August 20, 2019 Page 33 of 44 De Weerd: Mr. Cavener. Cavener: Thanks for the quick turnaround getting that to us. I appreciate it. De Weerd: If you can speak into your mic, so Dean doesn't have to give you the hairy eyeball. Cavener: Sorry. I -- I'm just saying thanks and it is sometimes challenging for us on our tablets or home computers to follow it and so getting it back to us was appreciated. Purser: Thank you. De Weerd: Any other questions? Milam: Thanks, Brad. De Weerd: Thank you, Brad. Purser: Thank you. De Weerd: So, we will put this out to be published. Purser: Okay. Thank you so much. J. Republic Services Rate Increase Request De Weerd: And noticed. Thank you. Okay. Item 8-J is in front of you for a request from Republic Services for their rates. Rodney, Steve, nice to have you here. Sorry we had you wait so long. Remling: Thank you, Madam Mayor, Council. Rodney Remling with Republic Services, the finance manager, at 11101 West Executive in Boise, Idaho. You have in your -- in your packet there a request to increase rates, which is an annual request. It's based on the contract. It comes -- it's based on June -- on the change in CPI. The change is limited to 90 percent of the change in CPI, which this year is 2.47 percent. I would just say that we work extensively with SWAC with city -- city staff on this, but I will let Steve tell you about that. Cory: Madam Mayor, Members of Council, thank you for this opportunity. I really want to express our thanks as a commission, to Legal, to Finance, to Public Works for doing all the legwork to make sure that all these requests were vetted very thoroughly and so talking about them individually as discussed, the consumer price index adjustment, the SWAC considered that and felt that it was appropriately reflected and went ahead and recognizing that it is a contractual thing, did recommend that it was ready for your consideration with a do pass recommendation. We were very happy with the household hazardous waste collection portion of this, which actually reduces the fees associated Meridian City Council Meeting Agenda September 3, 2019 – Page 55 of 245 Meridian City Council August 20, 2019 Page 34 of 44 with that by a slight amount, but we easily came to the recommendation that it was ready for your consideration and give the do pass recommendation on that also. The -- it was a request by the Commission in discussing the recycling fee portion of this that the amendment which you passed last year, which was a one year amendment for recycling processing fees, be extended for another year. The logic behind that is that we are still dealing with what effectively is a survey that is 20 years old, that the citizens of Meridian are supportive of recycling and staff in Public Works is currently conducting a survey of the citizenry to find out the extent of their support of recycling and recycling fees. We expect to have those results within a month or two and so going to that particular item, the fees necessary to continue recycling as they are right now, Republic has requested that the -- that fee be increased by ten cents with no current information to change where we were at, which is that the citizenry supports recycling as it currently is. We felt that we, as a commission could say this was ready for your consideration with a do pass recommendation. So, I stand for questions if you have any questions on what the commission did and how it concluded what it did. De Weerd: Thank you, Steve. Council, questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to add, too, in your packet you will see an addendum for that portion regarding the recycling. Tom caught it this morning from Public Works that there were some number -- numerical errors in that. So, we will make those corrections. This was just for your information at this point, because we wouldn't need this addendum until these fees get adopted. So, we will keep it on the agenda and when you have the fee hearing to, then, do this amendment at the same time, but we will make the corrections as necessary, have Republic re-sign it, and, then, bring it back. De Weerd: Any anything further? Remling: So -- no. I think Steve summarized it very well. I would just say that the household hazardous waste is not subject to CPI. We do reconcile that. Last year we remitted some money back to the -- to the city. This year there is about 4,200 coming back the other way. We are just going to leave that on the books and consider it as we move forward. So, the increase for the residential households is 41 cents, 33 cents for CPI, ten cents for the recycling charge, which Steve mentioned, and, then, a two cent reduction in household hazardous waste, so -- and there are no new fees. De Weerd: That's great. Steve, thank you to SWAC and -- for vetting this and -- and working with staff on -- on the various complexities of this constantly evolving recycling fund, but also in looking at our rate schedules. Remling: Thank you. Meridian City Council Meeting Agenda September 3, 2019 – Page 56 of 245 Meridian City Council August 20, 2019 Page 35 of 44 De Weerd: So, Mr. Nary, any action needed to send this forward for publishing and hearing? Nary: No, ma'am. Just like the other, Madam Mayor, Members of the Council, we will go ahead and begin the process for the advertisement and bringing it back. K. Public Hearing for Ordinance No. 19-1840 An Ordinance Amending Title 4, Chapter 1, Sections 8 (C)(3)(B), Of The Meridian City Code, Regarding Wheeled Cart Collection Placement Standards - Location Of Placement De Weerd: Okay. Very good. Okay. Item 8-K is a public hearing for Ordinance 19-1840. This ordinance amends the section regarding clarification for the wheeled cart collection placement standards and it is just a clarification in our current ordinance. Welcome, Tom. Otte: Madam Mayor, Members of the Council, as -- just a little history. Again, last week we were asked to post out for our public hearing. We got two -- staff got two pieces of feedback only. We addressed both of those feedback -- both of those questions with the public. Staff recommend passing this evening with an effective date of September 9. De Weerd: Thank you. Council, any questions for Tom? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I could also add -- I guess for the record the one question we received is what was the clarification that was being made in the ordinance. In the prior ordinance it was unclear when it -- when it -- when it referenced the curb and the location of the cart, it could be read to either be the cart edge on the curb or the cart edge in the street. So, the intent of this ordinance is now to make it clear it is the cart edge in the street where the cart need to be and so that's the clarification. The September 9th date was requested both for public outreach fees, as well as -- based on our publishing schedule, if we were to approve it tonight it would be published in time that it would become effective on Labor Day. That would be problematic for the pick up and such for that week, so that's why they asked for the delay for the effective date to be the 9th, so, then, we could both do the public outreach and they can program in that change. De Weerd: Thank you. Mr. Cavener. Cavener: Madam Mayor. Constituents reached out with a couple of questions. I worked to get some of these answered, but there is a couple that I didn't -- wasn't able to. It really pertains to how we notify about low hanging branches and to me this is kind of timely, because I got a nice letter in my mailbox this week from the postal service that says the branches of a tree at my house are too low and it's impeding their ability to deliver mail, but I also noticed that's the tree where my neighbor also places his trash cans. So, how Meridian City Council Meeting Agenda September 3, 2019 – Page 57 of 245 Meridian City Council August 20, 2019 Page 36 of 44 -- how do we educate our citizens if the branches are too low? What -- what's the outreach process? Who is responsible and who is ultimately responsible for solving that problem? I know that's kind of a funky question to ask, but a citizen asked, so I said I would get to the bottom of it. Otte: Madam Mayor, Mr. Cavener, that's kind of a twofold question. Who is responsible for the tree would be who owns the tree. So, if it's a public tree it could be ACHD, it could be any number of -- whoever owns the tree or it could be the actual resident -- the homeowner themselves. The notification process is relatively straightforward. Initially, Republic Services would just move the cart out from under the tree to demonstrate to the resident that this is the safe place to put your cart in the future. If this person continued to put it under the tree they would put a hard card on it, a tag notifying them. It would say on it -- you know, it would point out what it is. You know, low overhang, something like that. Please move your cart to a safe -- safer location. If the resident continued to do so, Republic would take it to staff, staff would, then, notify saying this is a safety concern based on damaging the tree, it could damage equipment, and it's just -- it's kind of a progressive process. They start out with just moving the cart and, then, eventually we get to the hard card notification. Cavener: So, Madam Mayor -- De Weerd: I think it just needs to be trimmed above the obstacle. Cavener: Madam Mayor? De Weerd: Above the item. Cavener: The clarification is it is possible we would have to involve code enforcement, then, if -- if a branch is too low, is that likely where we are -- Madam Mayor, Mr. Bernt, that's my intention just to -- De Weerd: Okay. Cavener: -- cut it, but we are not just talking about policy related to one, it's about all of us, so -- Nary: So, Madam Mayor, Members of the Council, I could probably take that part. So, yeah -- De Weerd: Thank you. Nary: -- if there is a code enforcement issue from a nuisance standpoint, if it is a tree in -- on private property, but it is protruding into the public right of way, then, either ACHD or our arborist will notify the property owner that they need to trim the tree. If it's diseased or old they may require they removed the tree. If they don't remove the tree they will -- the city will remove it and charge the homeowner for it. Meridian City Council Meeting Agenda September 3, 2019 – Page 58 of 245 Meridian City Council August 20, 2019 Page 37 of 44 Cavener: Great. Madam Mayor, one additional one real quickly. Who ultimately determines kind of the safety element? Does Republic determine if something can be safely placed or the homeowner? Who -- who is the ultimate decision maker? Otte: Madam Mayor, Mr. Cavener, in the code it actually specifically states that it can be requested by the franchisee to move to a safe location. If the resident is unhappy with that chosen location they can come to staff and we can work with Republic to determine a safe location for it. Nary: Yeah. And, Mr. Cavener, to add onto that, the intent was -- is that the initial homeowner has some say in that location, but, ultimately, the franchisee has to be able to safely do it -- remove the carts and be able to move them safely for both their vehicles, as well as the -- the -- the public. So, that's why ultimately they do get the say and if they determine it has to be in this specific location, they are supposed to move it, they can work with staff if there is some other reason that's problematic. Cavener: Madam Mayor, just for clarification, I heard staff and franchisee. It sounds like the franchisee has the ultimate deciding -- Nary: Mr. Cavener, Members of the Council, so if you look in the ordinance it does say the franchisee can designate the specific location. I think what Mr. Otte is saying is that the city as a service will work with those residences to try to mediate if there is an issue or a problem where the franchisee would prefer it and the homeowner thinks it needs to be in a different spot. But, ultimately, the franchisee that operates the vehicles has the responsibility to pick up the trash, so -- Cavener: Great. De Weerd: And if all else fails, the Mayor and Council President will go out and measure it. Any further questions? Thank you, Tom. This is a public hearing. Is there anyone signed up, Mr. Clerk? Johnson: Madam Mayor, there is not. De Weerd: Is there anyone who wishes to provide testimony on this? Any comment on who should go and measure? I think it should be the Council President myself. Okay. Seeing there is no comment, Council, would you like to close the public hearing? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would. De Weerd: Do I have a motion? Meridian City Council Meeting Agenda September 3, 2019 – Page 59 of 245 Meridian City Council August 20, 2019 Page 38 of 44 Borton: You bet. I move we close the public hearing on 19-1840. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. L. Public Hearing for Ordinance No. 19-1841: An Ordinance Amending Meridian City Code Section 2-6-3, Regarding Membership and Qualifications for the Meridian Solid Waste Advisory Commission De Weerd: I believe this is further in -- okay. Item 8-L is a public hearing for Ordinance No. 19-1841. I will open this public hearing. Hi, Tom. Otte: Hello again, Madam Mayor and Members of the Council. Just some history on this. This was the -- what was discussed last week was the new language for SWAC membership. Staff have received no feedback whatsoever on it. We recommend collapsing the readings approval with an immediate effective date. De Weerd: Thank you. Council, any questions? Okay. Thank you. Is there any public comment on -- or questions on this item? Okay. Council, do I have a motion to close the public hearing? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the public hearing on 19-1841. Palmer: 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. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No.19-1839: An Ordinance (H-2018-0057– Bainbridge Franklin) For Annexation Of A Parcel Of Land Located In The NW Of The NE ¼ Of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A” And Annexing Certain Lands And Territory, Meridian City Council Meeting Agenda September 3, 2019 – Page 60 of 245 Meridian City Council August 20, 2019 Page 39 of 44 Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Land Use Zoning Classification Of 3.68 Acres Of Land From R1 To C-G (General Retail And Service Commercial) Zoning District In The Meridian This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Providing For A oviding For A Waiver Of De Weerd: I have an Ordinance 9-A, Ordinance No. 19-1839. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. This is Ordinance H-2018-0057, Bainbridge Franklin for annexation of a parcel of land located in the NW 1/4 of the NE 1/4 of Section 14, Township 3 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 3.68 acres of land from R-1 to C-G (General Retail and Service Commercial) Zoning with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. Council, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Madam Mayor, I move we approve Ordinance No. 19-1839 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve ordinance under 9-A -- 10-A. Sorry. 9-A. If there is no discussion, Mr. Clerk, will you call roll. Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda September 3, 2019 – Page 61 of 245 Meridian City Council August 20, 2019 Page 40 of 44 B: Ordinance No. 19-1840: An Ordinance Amending Title 4, Chapter 1, Sections 8 (C)(3)(B), Of The Meridian City Code, Regarding Wheeled Cart Collection Placement Standards- Location Of Placement Providing For A Waiver Of The Reading And Providing An Effective Date. De Weerd: Ordinance 9-B is 19-1840. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an ordinance amending Title 4, Chapter 1, Sections 8(c)(3)(b) of the Meridian City Code, regarding wheeled cart placement -- wheeled cart collection placement standards -- location and placement providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance ready by title. Is there anyone who would like to hear it read in its entirety? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Ordinance 19-1840 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve 9-B. If there is no discussion, Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 19-1841: An Ordinance Amending Meridian City Code Section 2-6-3, Regarding Membership and Qualifications for Providing an Effective Date. De Weerd: Item 9-C is Ordinance 19-1841. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. An ordinance amending Meridian City Code Section 2-6-3, regarding membership and qualifications for the Meridian Solid Waste Advisory Commissioner and providing an effective date. Meridian City Council Meeting Agenda September 3, 2019 – Page 62 of 245 Meridian City Council August 20, 2019 Page 41 of 44 De Weerd: You have heard this ordinance by title. I do not see anyone wanting to hear it read in its entirety. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Ordinance 19-1841 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-C. Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance No. 19-1842: Amending Meridian City Code Section 9-1-16, Regarding Connection to City Water System Outside City -4-26, Regarding Connection to City Sewer System Outside City Providing an Effective Date. De Weerd: Item 9-D is Ordinance 19-1842. Mr. Clerk. Johnson: Thank you, Madam Mayor. Ordinance amending Meridian City Code Section 9-1- City Code Section 9-4-26, regarding connection to city sewer system outside city limits and providing an effective date. De Weerd: You heard this ordinance read by title. I don't see anyone wanting to hear it read. Council, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we approve Ordinance 19-1842 with suspension of rules. Cavener: Second. Meridian City Council Meeting Agenda September 3, 2019 – Page 63 of 245 Meridian City Council August 20, 2019 Page 42 of 44 De Weerd: I have a motion and a second to approve Item 9-D. Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Ordinance No. 19-1843: An Ordinance (H-2018-0118 Oakmore Subdivision) For Rezone Of A Parcel Of Land Located In The NE ¼ Of Section 28, Township 4 North, Range 1 West, Boise Meridian, The Land Use Zoning Classification From R-15 (Medium-High Density Residential) Zoning District To R-4 (Medium Low Density Providing That Copies Of This Ordinance Shall Be Filed With The County Assessor, The Ada County Recorder, And The Idaho State Providing For A For A Waiver Of The Reading Rul Date. De Weerd: Item 9-E is Ordinance 19-1843. Mr. Clerk. Johnson: Thank you, Madam Mayor. Ordinance H-2018-0118, Oakmore Subdivision, for rezone of a parcel of land located in the NE ¼ of Section 28, Township 4 North, Range 1 zoning classification from R-15 (Medium-High Density Residential) Zoning District to R-4 (Medium Low Density Residential) Zoning District in the Meridian City that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County an effective date. De Weerd: Thank you, Mr. Clerk. You have heard this ordinance read by title. Is there any further information needed? Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve it, Ordinance No. 19-1843 and let's suspend the rules. Cavener: Second. Meridian City Council Meeting Agenda September 3, 2019 – Page 64 of 245 Meridian City Council August 20, 2019 Page 43 of 44 De Weerd: I have a motion and a second to approve Item 9-E. Mr. Clerk, roll call, please. Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Is there anything for Item 10, Council? Hearing none -- Item 11: [AMENDED ON TO AGENDA] Executive Session per Idaho State Code 74-206(1)(d) To consider records that are exempt from disclosure, 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: -- I would entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? De Weerd: Yes. Borton: I will move -- I do move that we go into Executive Session pursuant to Idaho State Code 74-206(1)(d) and (1)(f). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (8:11 p.m. to 8:36 p.m.) Bernt: So moved. De Weerd: Oh. Do I have a motion to come out of Executive Session? Meridian City Council Meeting Agenda September 3, 2019 – Page 65 of 245 Meridian City Council August 20, 2019 Page 44 of 44 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. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? 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. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:36 P.M. (AUDIO R I N FILE OF THESE PROCEEDINGS) Q 3 X19 TQe'Ql p , owoj lPrC6&A- DATEAPPROVED ATTEST: V- v 01-Y of CHR I - CIT " SEAL �r� ,+Ti (::�W, IDIAIZN,+-- CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 5 Project File Name/Number: Item Title: Announcements Meeting Notes: ��E IDIZ IAN.,+ -- CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 6 A Item Title: Proclamation: Meridian Youth Baseball All Star Champions Day Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - M eridian Youth Baseball All S tar Champions Day C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roclamation Cover Memo 8/15/2019 RE V I E WE RS : Department Reviewer Action D ate Mayors Office J ohnson, Chris Approved 8/15/2019 - 2:30 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 5 of 96 Mayor’s Office 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 Fax 208-884-8119 www.meridiancity.org Mayor Tammy de Weerd City Council Members : Treg Bernt Luke Cavener Ty Palmer Joe Borton Genesis Milam Anne Little Roberts 8/20/19 MEMORANDUM TO: Mayor Tammy de Weerd FROM: Josha Iverson RE: Meridian Youth Baseball All Star Champions day At the City Council meeting on Tuesday, August 20, 2019, you will be reading a proclamation regarding August 20 th being proclaimed as Meridian Youth Baseball All Star Champions Day. This group of boys have dedicated their summers to hard work, commitment, and excellence playing America’s game. The team’s 2019 run includes a record of 33-4-1 including the Idaho State Championship win and the Pacific Northwest Regional Championship win. The following Meridian Youth Baseball 12/70 All Star Team coaches and players may be attending the meeting to receive the proclamation: Players; Caden Werner Cade Walker Cade Burnham Drew Schumacher Mason Krahn Henry Downey Lucas Skinner Luke Scott Colton Axtell Cooper McPherson Juanmarcos Shea Coaches: Travis Walker Kevin Downey Travis Krahn Bill Scott Meridian City Council Meeting Agenda August 20, 2019 – Page 6 of 96 CS IDIAtN*,-----IZ, �J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 7 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: 8/20/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/20/2019 Hearing Type: Public Forum Active: *-* Signature Name Discussion Topic Sign In Date/Time Mike Bernard Devco developent 8/20/2019 6:02:52 PM Malissa Bernard Devco Development 8/20/2019 6:03:46 PM Jim ostyn Devco delano 8/20/2019 6:05:01 PM Robert Hartley Devco Delano subdivison 8/20/2019 6:05:16 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=301 1/1 �jQ/�B IDIZ IANh-- �J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 A Item Title: Public Hearing for Fiscal Year 2019, Amended Budget in the Amount of $120,267.651 Meeting Notes: u✓ I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for the F iscal Year 2019 Amended Budget in the Amount of $120,267,651 C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 10:43 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 7 of 96 8/20/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/20/2019 Hearing Type: Council Item Number: 8-A Project Name: Fiscal Year 2019 Amended Budget 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=297 1/1 FY 2 0 1 9 A m e n d e d B u d g e t Pu b l i c H e a r i n g FY 2 0 1 9 A m e n d e d B u d g e t Pu b l i c H e a r i n g Au g u s t 2 0 , 2 0 1 9 Au g u s t 2 0 , 2 0 1 9 ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d B u d g e t - $ 1 2 0 , 2 6 7 , 6 5 1 Ge n e r a l F u n d Ca p i t a l I m p r o v e m e n t F u n d En t e r p r i s e F u n d Qu e s t i o n s / D i s c u s s i o n s Ap p r o v e F Y 2 0 1 9 A m e n d e d B u d g e t ww w . m e r i d i a n c i t y . o r g Ag e n d a ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d T o t a l C i t y B u d g e t ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d T o t a l C i t y B u d g e t To t a l C i t y – 4 7 A m e n d m e n t s ( $ 1 0 , 1 9 6 , 6 5 1 ) [d o w n 7 . 8 2 % ] Ge n e r a l F u n d – $ 8 0 3 , 0 5 7 [u p 1 . 2 9 % ] Ca p i t a l I m p r o v e m e n t F u n d – ( $ 1 , 6 0 0 ) [d o w n . 0 5 % ] En t e r p r i s e F u n d – ( $ 1 0 , 9 9 8 , 1 0 8 ) [d o w n 1 6 . 8 7 % ] ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d G e n e r a l F u n d B u d g e t ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d G e n e r a l F u n d B u d g e t Ge n e r a l F u n d – $ 8 0 3 , 0 5 7 [u p 1 . 2 9 % ] Am e n d e d I t e m s – 4 0 T o t a l A m e n d m e n t s A p p r o v e d $1 , 5 0 5 , 4 9 1 – F i r e S t a t i o n 6 $8 0 0 , 0 0 0 – R e i m b u r s e R u r a l F i r e f o r S t a t i o n 5 $7 2 7 , 1 0 8 – C o m m u n i t y D e v e l o p m e n t M e c h a n i c a l P r o g r a m ($ 3 , 3 2 1 , 1 2 2 ) – C a r r y f o r w a r d A d j u s t m e n t ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d C I P F u n d B u d g e t Ca p i t a l I m p r o v e m e n t F u n d – ( $ 1 , 6 0 0 ) [d o w n . 0 6 % ] Am e n d e d I t e m s – 0 T o t a l A m e n d m e n t s A p p r o v e d ($ 1 , 6 0 0 ) – C a r r y f o r w a r d A d j u s t m e n t ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d E n t e r p r i s e F u n d B u d g e t ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 A m e n d e d E n t e r p r i s e F u n d B u d g e t En t e r p r i s e F u n d – ( $ 1 0 , 9 9 8 , 1 0 8 ) [d o w n 1 6 . 8 7 % ] Am e n d e d I t e m s – 7 T o t a l A m e n d m e n t s A p p r o v e d $4 8 1 , 5 4 6 – W R R F H e a d w o r k s U p g r a d e s w i t h O d o r C o n t r o l $4 6 4 , 1 4 7 – W a t e r M e t e r s M X U s $2 2 5 , 0 0 0 – W e l l 2 8 W a t e r T r e a t m e n t ($ 1 2 , 5 6 9 , 9 8 6 ) – C a r r y f o r w a r d A d j u s t m e n t ww w . m e r i d i a n c i t y . o r g Qu e s t i o n s ww w . m e r i d i a n c i t y . o r g FY 2 0 1 9 B u d g e t C o u n c i l A p p r o v a l Co u n c i l t o e s t a b l i s h t h e b u d g e t a m o u n t f o r F Y 2 0 1 9 Bu d g e t A m e n d m e n t O r d i n a n c e $1 2 0 , 2 6 7 , 6 5 1 Ne x t S t e p s : Le g a l w i l l p r e s e n t a n O r d i n a n c e f o r a p p r o v a l i n t h e n e x t f e w we e k s t o m a k e t h e b u d g e t o f f i c i a l . FY 2 0 2 0 P r o p o s e d B u d g e t Pu b l i c H e a r i n g FY 2 0 2 0 P r o p o s e d B u d g e t Pu b l i c H e a r i n g Au g u s t 2 0 , 2 0 1 9 Au g u s t 2 0 , 2 0 1 9 ww w . m e r i d i a n c i t y . o r g FY 2 0 2 0 P r o p o s e d B u d g e t - $ 1 2 0 , 5 2 5 , 3 9 6 Ge n e r a l F u n d En t e r p r i s e F u n d Qu e s t i o n s / D i s c u s s i o n s Ap p r o v e F Y 2 0 2 0 P r o p o s e d B u d g e t ww w . m e r i d i a n c i t y . o r g Ag e n d a ww w . m e r i d i a n c i t y . o r g FY 2 0 2 0 P r o p o s e d T o t a l C i t y B u d g e t $1 2 0 , 5 2 5 , 3 9 6 ww w . m e r i d i a n c i t y . o r g Ge n e r a l F u n d FY 2 0 2 0 P r o p o s e d B u d g e t $ 7 2 , 4 0 0 , 3 5 1 ww w . m e r i d i a n c i t y . o r g FY 2 0 2 0 G e n e r a l F u n d R e v e n u e ww w . m e r i d i a n c i t y . o r g En t e r p r i s e F u n d FY 2 0 2 0 P r o p o s e d B u d g e t $ 4 8 , 1 2 5 , 0 4 5 ww w . m e r i d i a n c i t y . o r g FY 2 0 2 0 E n t e r p r i s e F u n d R e v e n u e ww w . m e r i d i a n c i t y . o r g Qu e s t i o n s ww w . m e r i d i a n c i t y . o r g FY 2 0 2 0 B u d g e t C o u n c i l A p p r o v a l Co u n c i l t o e s t a b l i s h t h e b u d g e t a m o u n t f o r F Y 2 0 2 0 Bu d g e t O r d i n a n c e $1 2 0 , 5 2 5 , 3 9 6 Ne x t S t e p s : Le g a l w i l l p r e s e n t a n O r d i n a n c e f o r a p p r o v a l i n t h e n e x t f e w we e k s t o m a k e t h e b u d g e t o f f i c i a l . ww w . m e r i d i a n c i t y . o r g Th a n k y o u ! Ma y o r , C i t y C o u n c i l M e m b e r s , D e p a r t m e n t D i r e c t o r s a n d S t a f f ww w . m e r i d i a n c i t y . o r g Co m m u n i t y D e v e l o p m e n t a n d A d m i n i s t r a t i o n Re p l a c e m e n t s - $ 1 8 1 , 9 5 0 Bu d g e t R e q u e s t s - $ 1 , 0 7 2 , 3 4 1 Pa r k s a n d R e c r e a t i o n Re p l a c e m e n t s - $ 2 6 7 , 0 5 3 Bu d g e t R e q u e s t s - $ 1 , 1 1 4 , 1 6 5 Fi r e D e p a r t m e n t Re p l a c e m e n t s - $ 1 9 4 , 4 3 2 Bu d g e t R e q u e s t s - $ 2 4 6 , 2 2 0 Po l i c e D e p a r t m e n t Re p l a c e m e n t s - $ 1 , 5 7 9 , 4 9 7 Bu d g e t R e q u e s t s - $ 8 , 6 4 1 , 4 0 2 FY 2 0 2 0 P r o p o s e d B u d g e t $ 7 2 , 4 0 0 , 3 5 1 Ge n e r a l F u n d ww w . m e r i d i a n c i t y . o r g Bu d g e t R e q u e s t s i n c l u d e s : Po l i c e T r a i n i n g C e n t e r P h a s e 2 – S c e n a r i o V i l l a g e No r t h w e s t P o l i c e P r e c i n c t S t a t i o n 13 P o l i c e O f f i c e r s Di s c o v e r y P a r k P h a s e 2 D e s i g n FY 2 0 2 0 P r o p o s e d B u d g e t $ 7 2 , 4 0 0 , 3 5 1 Ge n e r a l F u n d ww w . m e r i d i a n c i t y . o r g Wa s t e w a t e r Re p l a c e m e n t s - $ 1 , 6 5 9 , 1 5 0 Bu d g e t R e q u e s t s - $ 3 , 6 6 5 , 6 6 5 Wa t e r Re p l a c e m e n t s - $ 8 1 2 , 5 9 0 Bu d g e t R e q u e s t s - $ 3 , 8 8 1 , 2 8 2 Pu b l i c W o r k s / E n g i n e e r i n g Re p l a c e m e n t s - $ 1 5 , 8 0 0 Bu d g e t R e q u e s t s - $ 3 , 4 6 0 Ut i l i t y B i l l i n g Re p l a c e m e n t s - $ 3 , 9 5 0 Bu d g e t R e q u e s t s - $ 0 En t e r p r i s e F u n d FY 2 0 2 0 P r o p o s e d B u d g e t $ 4 8 , 1 2 5 , 0 4 5 ww w . m e r i d i a n c i t y . o r g Bu d g e t R e q u e s t s i n c l u d e s : We l l 3 3 We l l 1 8 Di g e s t e r 6 S / N B l a c k C a t L i f t S t a t i o n Wa t e r & S e w e r L i n e E x t e n s i o n s En t e r p r i s e F u n d FY 2 0 2 0 P r o p o s e d B u d g e t $ 4 8 , 1 2 5 , 0 4 5 C��E IDIAN*,-----IZ, �J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 B Item Title: Public Hearing for Proposed Fiscal Year 2020 Budget in the Amount of $120,525,396 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed F iscal Year 2020 Budget in the Amount of $120,525,396 C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 10:43 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 8 of 96 8/20/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/20/2019 Hearing Type: Council Item Number: 8-B Project Name: Fiscal Year 2020 Budget 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=298 1/1 EIDIAN+-- DAJ CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 C Item Title: Final Plat for Shelburne East No. 1 (H-2019-0077) By Shelburne Properties, LLC. Located at 4080, 4115, and 4205 E. Bott Ln. Meeting Notes: Va C Uke �� I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for S helburne East No. 1 (H-2019-0077) by S helburne P roperties, L L C , L ocated at 4080, 4115, and 4205 E . Bott L n. C lick Here for A pplication Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 3:50 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 9 of 96 CE IDIANIZ?-DAHO CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 D Item Title: Final Plat for Shelburne East No. 2 (H-2019-0078) By Shelburne Properties, LLC. Located at 4115 E. Bott Ln Meeting Notes: \/C� C a�ad I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for S helburne East No. 2 (H-2019-0078) by S helburne P roperties, L L C , L ocated at 4115 E. Bott L n. C lick Here for A pplication Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 3:50 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 10 of 96 �jEQ�IDAN*,----I CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 E Item Title: Final Plat for Shelburne East No. 3 (H-2019-0079) By Shelburne Properties, LLC. Located at 4330 and 4301 E. Bott Ln. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for S helburne East No. 3 (H-2019-0079) by S helburne P roperties, L L C , L ocated at 4330 and 4301 E . Bott L n. C lick Here for A pplication Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 3:50 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 11 of 96 EIDIAN*,----- DAHO CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 F Item Title: Final Plat for Sky Mesa Subdivision No. 2 (H-2019-0083) By Engineering Solutions, LLP. Located NW of the intersection of S. Eagle Rd. and E. Taconic Dr. Meeting Notes: cw�'mu�3 AC) I TEM SHEET C ouncil Agenda I tem - 8.F. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for S ky M esa S ubdivision No. 2 (H-2019-0083) by E ngineering Solutions, L L P, L ocated NW of the intersection of S. Eagle Rd. and E . Taconic D r. Applicant will be requesting a continuance to August 27, 2019. C lic k Here for Applic ation Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 3:50 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 12 of 96 EIDIAN*,----- DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 20, 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 Au g u s t 2 0 , 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 Zo n i n g M a p Fu t u r e L a n d U s e M a p A e r i a l M a p Re v i s e d P r e l i m i n a r y P l a t / L a n d s c a p e P l a n Pr o p o s e d A c c e s s t o R e m a i n via McMillan Rd.Garage McMillan Rd. Ph a s e 2 Ph a s e 1 Ch i l d r e n ’ s P l a y E q u i p m e n t Changes to Agenda: Item #8C (H-2019-0077), D (H-2019-0078), E (H-2019-0079): Shelburne Sub. #1, #2, and #3 – Applicant requests applications are vacated from agenda to come back at a later TBD date. Item #8F: Sky Mesa Sub. 2 (H-2019-0083) – Applicant requests continuance to Aug. 27th Item #8G: Delano Sub. (H-2019-0027) – Applicant requests continuance to Sept. 3rd as the Applicant was not available to attend the hearing this evening. Item #8H: Silver Springs (H-2019-0058) Application(s): Annexation & Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 19.74 acres of land, primarily zoned R-4 with the east lot (Lot 4) zoned RUT in Ada County, located at 1305, 1157, 805 & 905 E. McMillan Rd. History: This property was previously platted as Lots 1-4, Crestwood Subdivision; Lots 1-3 were annexed into the City in 2006 with R-4 zoning. Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: Annexation & zoning of the eastern 5.19 acres (Lot 4, Crestwood Sub) of the site with an R-4 zoning district. A landscape nursery is currently operating on the eastern portion of the site and is proposed to continue operations in the City until December 31, 2022, at the latest, in order to sell off existing inventory. The nursery has been legally operating in the County and was recently approved to operate for an additional 5 year period of time. This use is classified as a nursery/urban farm and contractor’s yard in the UDC, which is a prohibited use in the proposed R-4 district; however, because the business is currently legally operating in the County, it would be considered a non-conforming use in the City. As such, the use may continue, IF deemed appropriate by City Council, as long as it remains lawful and is not expanded or extended per the standards for non-conforming uses. Preliminary plat consisting of 57 SFR building lots & 6 common lots on 19.74 acres of land for the development of SFR detached homes at a gross density of 2.89 units/acre consistent with the LDR FLUM designation. This property was previously platted as Lots 1- 4, Crestwood Subdivision; Lots 1-3 were annexed into the City in 2006 with R-4 zoning. There are 4 existing homes and some accessory structures on this site that are proposed to remain on lots in the proposed subdivision; all other accessory structures are proposed to be removed. The subdivision is proposed to develop in 2 phases with the last phase developing once the landscape business use ends. One public street access is proposed via E. McMillan Rd.; an existing stub street (N. Mooney Falls Way) at the south boundary of the site is proposed to be extended with development & a stub street is proposed to the east for future extension. All of the existing homes will take access from local streets within the development except one (1035 McMillan – Lot 12, Block 3) which proposes to retain their (2) driveway accesses via McMillan; Council approval of a waiver to UDC 11-3A-3 is requested for these accesses to remain - ACHD is requiring the west access to be closed. The cul-de-sac on the west end of the site exceeds the 450’ maximum length standard allowed by the UDC; the Applicant requests Council approval of the length as-is; however, there is no provision in the UDC to allow the Council to grant an exception to this standard. A 25’ wide landscaped street buffer is required along McMillan Rd. containing a 5’ wide detached sidewalk as proposed. A minimum of 10% qualified open space and (1) site amenity is required to be provided with this development; the revised qualified open space exhibit depicts 1.96 acres of open space and a children’s play structure and micro-path to the school site to the south as amenities in accord with UDC standards. Conceptual building elevations were submitted for the proposed SFR homes as shown. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Dave Yorgason, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Sharon Reynolds; Dave Yorgason, Applicant’s Representative (response to staff report) v. Key Issue(s): Ms. Reynolds feels the growth & traffic congestion is out of control and would like a moratorium put on building as existing infrastructure can’t support the growth. Key Issue(s) of Discussion by Commission: i. The Applicant’s request for Council waiver for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops; ii. The cul-de-sac that exceeds the maximum 450’ length standard in the UDC; iii. The existing landscape business continuing to operate on the parcel proposed for annexation; iv. Timing/phasing for construction of the sidewalk in front of the property at 1157 E. McMillan Rd. (phase 1 vs. phase 2). Commission Change(s) to Staff Recommendation: i. Addition of DA provisions as recommended by Staff with a change to the phasing of the sidewalk along McMillan Rd. to allow it to be constructed with each phase of development rather than all with the first phase; Outstanding Issue(s) for City Council: i. The Applicant’s request for a Council waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops. The Commission was in favor of the Applicant’s request. ii. The Applicant’s request for the cul-de-sac that exceeds the maximum length standards in the UDC to be approved as-is. There is no provision in the UDC to allow Council approval of the Applicant’s request. Staff recommends the application is continued to a later hearing date in order for the plat to be revised to comply as the revision may significantly affect the layout of the plat. Written Testimony since Commission Hearing: Dave Yorgason, Applicant’s Representative (response to Commission recommendation) Notes: Possible Motions: Continuance I move to continue File Number H-2019-0058 to the hearing date of ___Sept. 3rd? for the following reason(s): to revise the plat to comply with the maximum length standard for cul-de-sacs. Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0058, as presented in the staff report for the hearing date of August 20, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0058, as presented during the hearing on August 20, 2019, for the following reasons: (You should state specific reasons for denial) EIDIANC-- DAJ CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 G Item Title: Public Hearing for Delano Subdivision (H-2019-0027) By Devco Development, LLC. Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. 1. Request: Comprehensive Plan Map Amendment to include 4.10 acres of land currently in Boise's area of City Impact in Meridian's area of City Impact with a Mixed Use -Regional future land use designation 2. Request: Annexation and Zoning of 15.21 acres of land with R-15 (11.57) and R-40 (3.64 acres) zoning districts 3. Request: Preliminary Plat consisting of 85 single-family residential building lots, 1 building lot for a multi -family development and 12 common lots. Meeting Notes: CQ)�'� 0 je� -�u 9 -17- K I TEM SHEET C ouncil Agenda I tem - 8.G. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for D elano S ubdivision (H-2019-0027) by Devco D evelopment, L L C , L ocated at 14120 W. J asmine L n. and 2800 E. J asmine L n. C lick H ere for Application M aterials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 10:44 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 13 of 96 To the Honorable Mayor Tammy de Weerd and to the Members of the City of Meridian City Council: I am writing this letter in reference to the application for Delano Subdivision AZ, CPAM, PP H-2019-0027 filed by DevCo Development, LLC on April 4, 2019. The applicant is requesting a Comprehensive Plan Map Amendment to include 4.10 acres of land currently in the Boise's area of City Impact with a Mixed - Use Regional land use designation. This includes Annexation of Zoning of 15.21 acres of land with R-15 (11.57 acres) and R-40 (3.64 acres) zoning districts and a Preliminary Plat of 85 SFR building lots, 1 building lot for MFR and 12 common lots. We have noticed non-compliance with UDC codes set forth for the application process, and several violations of the procedures for applicants. For example, 11-5A-6: PUBLIC HEARING PROCESS, Section B states: "Preapplication Meeting: No more than four (4) months prior to submitting an application, applicants for permits requiring a public hearing to conduct a preapplication meeting with the department. Requests for city council review do not require preapplication meetings. (Ord. 14-1623, 9-2-2014)" The preapplication meeting with the City of Meridian Planning and Zoning regarding the Delano pre -plat occurred on February 7, 2018. The application for this project went forth on April 4, 2019, though it was submitted on February 26, 2019, over a year after the applicant met with City of Meridian planners and ITD. The dated preapplication meeting notes are on Page 48 of 63 in the Delano application packet. Furthermore, in reference of 11-5A-6: PUBLIC HEARING PROCESS, Section C. Neighborhood Meetings, Item 3. "Notice of the meeting shall be provided at least five (5) days prior to the meeting. The meeting shall be held not more than three (3) months or less than five (5) days prior to the submittal of an application." DevCo held a neighborhood meeting on February 25, 2019, and submitted the application to the City of Meridian on February 26, 2019, much less than the five (5) days required before the submittal of an application. In reference to 11-5A-6: PUBLIC HEARING PROCESS, Section D. Posting of Public Hearing Notice, Item 2. "Time Frame: Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: " (the description of the 4 x 4 sign criteria and lettering is then described) DevCo is in violation of this code and procedure. It is August 20, 2019 and the sign for the City Council Meeting is not posted. Alpine Pointe HOA made their own signs (4) to give notice to our neighbors for this City Council Meeting to be held on August 20, 2019 at 6 PM. In reference to 11-5A-6: Public Hearing Notice, Section D. Posting of Public Hearing Notice, Item 5. "Sign Removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. (OR. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 14-1623, 9-2-2014)" DevCo has not removed signs within this time frame by code, re. 4 x 4 foot signage for the May 2, 2019 Public Hearing Notice for the Planning and Zoning Commission, this fact is verifiable by the Alpine Pointe HOA. DevCo has not removed the sign for the Public Hearing Notice for the Planning and Zoning Commission for July 18, 2019 as of yet, today's date being August 20, 2019. In reference to Article A, GENERAL PROVISIONS, 11-6A-2: APPLICABILITY, "These regulations shall apply to the subdivision of all land within the legally defined Meridian city limits and the area of city of impact. It shall be unlawful and considered a violation of the unified development code for any person to initiate or cause to be initiated the subdivision of any land or real property in any manner which violates, omits, or fails to conform to any procedure, design or improvement standard, and/or requirement set forth in this chapter. (Ord. 08-1372, 7-8-2008, eff. 7-8-2008), which segues into 11-6b-2: PRELIMINARY PLAT PROCESS, item D. Public Hearing Requirements: All preliminary plat applications shall comply with the public notice and hearing procedures in accord with chapter 5, Administration, of this title." The Delano Preliminary Plat application is not in compliance of Chapter 5 (Pre -application meeting occurred on February 7, 2018, submission of the application on February 26, 2019, and the complete Application is dated April 4, 2019). Notice of the City Council Meeting for August 20, 2019 was not posted as required. Removal of signage for meetings within three (3) days was not done, on two separate occasions (May 2, 2019 and July 18, 2019 Planning and Zoning Commission Hearings). The applicant is in violation of Standard Operating Procedures for Preapplication Procedures, Hearings, and Meetings, in addition to lack of proper signs for notification to residents adjacent to the proposed development. Not every citizen has access to the internet notifications, website notifications, or newspaper notifications. This application should be denied, for the applicant should be in compliance with procedures set forth in the City of Meridian Codes. Thank you. Sincerely, Malissa Bernard Alpine Pointe Resident 4025 N Dashwood PI Meridian, ID 83646 CE IDIAIZN?- � J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 H Item Title: Public Hearing for Silver Springs (H-2019-0058) By Tall Timber Consulting and Todd Campbell Construction Inc., Located at 1035, 1157, 805 & 905 E. McMillan Rd. 1. Request: Annexation and Zoning of 5.19 acres of land with an R-4 zoning district 2. Request: Preliminary Plat consisting of 57 building lots and 6 common lots on 19.74 acres of land in the R-4 zoning district. Meeting Notes: C0j+nU'C:4 tb q�sfi 27,E I TEM SHEET C ouncil Agenda I tem - 8.H. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for S ilver S prings (H-2019-0058) by Tall T imber Consulting and Todd Campbell C onstruction Inc., L ocated at 1035, 1157, 805 & 905 E . M cM illan 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 8/16/2019 Minutes from Planning and Z oning Commission Hearing B ackup Material 8/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 3:08 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 14 of 96 Page 1 HEARING DATE: August 20, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0058 Silver Springs LOCATION: 1035, 1157, 805 & 905 E. McMillan Rd. I. PROJECT DESCRIPTION Annexation & zoning of 5.19 acres of land with an R-4 zoning district; and Preliminary Plat consisting of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 19.81 Future Land Use Designation LDR Existing Land Use There are existing single-family homes & accessory structures on each of the existing lots and a landscape business on the far east lot Proposed Land Use(s) Single-family residential Current Zoning R-4 and RUT in Ada County Proposed Zoning R-4 Lots (# and type; bldg/common) 57 SFR building/6 common Phasing plan (# of phases) Yes; 2 phases Number of Residential Units (type of unit s) 57 (detached SFR) Density (gross & net) 2.89 units/acre (gross); 3.79 (net) Open Space (acres, total [%] / buffer / qualified) See Analysis, Section V.3 Meridian City Council Meeting Agenda August 20, 2019 – Page 15 of 96 Page 2 B. Community Metrics Amenities Children’s play structure and pedestrian pathway to school Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: April 2, 2019; 25 attendees History (previous approvals) Lots 1, 2 & 4, Crestwood Subdivision (platted in Ada County); AZ-06-029 (Ord. 06-1271, Silversprings – no Development Agreement), PP-06-029, FP-06-049 (plat expired); AZ-06-056 (Ord. 07-1295, Clearsprings – no Development Agreement), PP-06-054 (plat expired) Description Details Page Ada County Highway District Staff report (yes/no) No Requires ACHD Commission Action (yes/no) No Fire Service Distance to Fire Station 1.2 miles from Fire Station #3 (can meet the response time requirements) Fire Response Time 3 minutes under ideal conditions Resource Reliability 82% from Fire Station #3 – does not meet the target goal of 85% or greater Risk Identification 2 (residential with hazards); see comments in Section VIII.C Accessibility Meets requirements; see additional comments in Section VIII.C Special/resource needs Doesn’t require an aerial device Water Supply Requires 1,000 gallons per minute for 1 hour (may be less if building is sprinklered) Other Resources NA Police Service Distance to Police Station 3.7 miles Police Response Time See comments in Section VIII.D Calls for Service 485 Accessibility Specialty/resourc e needs Crimes 97 Crashes 34 West Ada School District Distance (elem, ms, hs) Prospect Elementary – 0.6 mile; Heritage Middle School – 0.8 mile; Rocky Mountain High School – 2.2 miles Meridian City Council Meeting Agenda August 20, 2019 – Page 16 of 96 Page 3 Capacity of Schools Prospect Elementary 650; Heritage Middle School 1,000; Rocky Mountain High School 1,800 # of Students Enrolled Prospect Elementary 733; Heritage Middle School 1,254; Rocky Mountain High School 1,800 Anticipated school aged children generated by this development 46 Wastewater Distance to Sewer Services 0-feet Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.68 MGD Project Consistent with WW Master Plan/Facili ty Plan Yes Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water Distance to Water Services 0-feet Pressure Zone 2 Estimated Project Water ERU’s See application Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts & Concerns None Meridian City Council Meeting Agenda August 20, 2019 – Page 17 of 96 Page 4 Wastewater Distance to Sewer Services 0-feet Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU’s See application WRRF Declining Balance 13.68 MGD Project Consistent with WW Master Plan/Facility Plan Yes Impacts & Concerns Flows have already been committed. Applicant to ensure water and sewer services meet separation requirements. Water Distance to Water Services 0-feet Pressure Zone 2 Estimated Project Water ERU’s See application Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts & Concerns None Meridian City Council Meeting Agenda August 20, 2019 – Page 18 of 96 Page 5 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Meridian City Council Meeting Agenda August 20, 2019 – Page 19 of 96 Page 6 III. APPLICANT INFORMATION A. Applicants: Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 Todd Campbell Construction, Inc. – PO Box 140298, Boise, ID 83714 B. Owners: Leigh & Donna Brinkerhoff – 805 E. McMillan Rd., Meridian, ID 83642 Todd Campbell Construction, Inc. & Boos Homes, Inc. – PO Box 140298, Boise, ID 83714 Boyd Hill – 1035 E. McMillan Rd., Meridian, ID 83642 David Meyers – 1157 E. McMillan Rd., Meridian, ID 83642 C. Representative: Dave Yorgason, Tall Timber Consulting, LLC – 14254 W. Battenberg Dr., Boise, ID 83713 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 5/31/2019 8/2/2019 Radius notification mailed to properties within 300 feet 5/28/2019 7/30/2019 Public hearing notice sign posted on site 6/7/2019 8/7/2019 Nextdoor posting 5/28/2019 7/30/2019 V. STAFF ANALYSIS Per the Comprehensive Plan (Comprehensive Plan, pg. 20), the purpose of LDR designated areas is to allow for the development of single-family homes on large lots where urban services are provided at gross densities of 3 dwelling units or less per acre. The Applicant proposes to develop the annexation area with 15 new single-family residential detached homes, in additional to the existing home, at a gross density of 3.2 units per acre. The overall density for the development is 2.89 units per acre consistent with the LDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The larger lot sizes and low density proposed within this development will contribute to the diversity in housing types in this area. Staff is unaware if the proposed units will be owner occupied or rental units. Meridian City Council Meeting Agenda August 20, 2019 – Page 20 of 96 Page 7 “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor to the east. “Require open space areas within all development.” (6.01.01A) Qualified open space is required to be provided in accord with the minimum standards listed in UDC 11-3G-3. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) public street access is proposed via E. McMillan Rd. along the project’s north boundary. One of the existing homes proposed to remain on a lot in the proposed subdivision proposes to retain its two (2) driveways via McMillan; a Council waiver to UDC 11-3A-3 is necessary for these access driveways to remain. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pathway connection is required to the school site to the south which will promote connectivity between the neighborhood and the school. A. ANNEXATION & ZONING The applicant requests annexation and zoning of 5.19 acres of land with an R-4 zoning district consistent with the Low Density Residential (LDR) Future Land Use Map (FLUM) designation for this site. The Applicant requests a Development Agreement than encompasses the entire development area and not just the annexation area. This parcel is currently zoned RUT in Ada County and is platted as Lot 4, Crestwood Subdivision No. 1 and is at the east boundary of the proposed subdivision. The remainder of the site (Lots 1-3, Block 1 Crestwood Subdivision No. 1) was previously annexed and zoned R-4 in 2006 (#AZ-06- 029 and #AZ-06-054). The proposed annexation area is contiguous to City annexed property to the west, south and northeast and is within the Area of City Impact Boundary (AOCI). A legal description for the annexation area is included in Section VII.A. There is currently an existing landscape business operating on this parcel, which is proposed to temporarily continue operations until such time as they can sell off existing inventory. The applicant recently received approval from Ada County on June 6, 2019 to renew their conditional use permit (#201900675 CU-MSP, David Meyers) to continue operating a “contractor’s yard of shop” in a residential district for an additional five years per the conditions of approval (see letter in Section VII.F). The Applicant requests Council approval of a provision in the Development Agreement that allows the use to continue temporarily until December 31, 2022, at the latest. The existing use is classified as a nursery or urban farm/contractor’s yard in the UDC, which is a prohibited use in the proposed R-4 zoning district; the existing residential use is an allowed use and is a principal permitted use in the City. Because the landscape business is currently legally operating in the County, it would be considered a non-conforming use in the City. As such, the use may continue, if deemed appropriate by City Council, as long as it Meridian City Council Meeting Agenda August 20, 2019 – Page 21 of 96 Page 8 remains lawful and is not expanded or extended, subject to the provisions listed in UDC 11- 1B-4A. As discussed with the Applicant at the pre-application meeting, Staff is not in support of the existing use continuing operation in the City as a non-conforming use for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. Therefore, Staff recommends denial of the proposed annexation of this parcel as it’s Staff’s opinion that it’s not in the best interest of the City to annex the property at this time. If Commission/Council determines it is in the best interest to annex the property at this time as proposed by the Applicant, Staff recommends the project is continued to a subsequent hearing date in order for Staff to prepare recommended Development Agreement provisions related to the existing use and for the Applicant to submit a copy of the site plan approved by Ada County. On June 20th, the Commission directed Staff to prepare recommended Development Agreement provisions for Commission’s review and consideration pertaining to the Annexation request. If Commission/Council agrees with Staff’s recommendation, Staff recommends the project is continued to a subsequent hearing date in order for the Applicant to submit a revised preliminary plat that excludes the subject annexation area. B. PRELIMINARY PLAT The proposed preliminary plat is a re-subdivision of Lots 1-4, Block 1, Crestwood Subdivision No. 1 and consists of 57 single-family residential building lots and 6 common lots on 19.74 acres of land in the (existing and proposed) R-4 zoning district. Existing Structures/Site Improvements: There are four (4) existing homes and accessory structures on this site that are proposed to remain on Lots 3 & 1413, Block 1 and Lots 12 & 23, Block 3; all other accessory structures are proposed to be removed. Any structures that don’t meet the dimensional standards of the R-4 district in UDC Table 11-2A-5 will need to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located; or, the plat will need to be revised to comply with the minimum setback requirements. Dimensional Standards (UDC 11-2A-5): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. The street frontage for Lots 10-12, 14, 17 and 18, Block 1; and Lots 10-11 12, 22 and 24 26, Block 3 do not meet the minimum required of 30 feet (60’ for Lot 26, Block 3) as set forth in UDC 11- 2A-3B; the plat should be revised accordingly (common driveways may be an alternative). If common driveways are proposed for access to some of these lots they should be located within common lots with a note stating which lots will be accessed via the common driveway(s), Meridian City Council Meeting Agenda August 20, 2019 – Page 22 of 96 Page 9 Subdivision Design & Improvement Standards (UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways, common driveways, easements, and block face. Cul-de-sac: The proposed cul-de-sac (E. Territory St./N. Legacy Woods Pl.) on the west end of the site appears to exceeds 450’ in length which is the maximum allowed length; the plat should be revised accordingly. The UDC does not allow for deviation from this standard. Block face: The face of Block 1 on the south side of E. Territory St. exceeds the maximum block length allowed of 750’; if a pathway is included in Lot 25, Block 1, the allowable block face may be extended up to 1,000 feet – revise landscape plan to include a pathway. Otherwise, tThe revised plat complies with the standards in UDC 11-6C-3. Common Driveways: An exhibit is required to be submitted with the final plat application(s) that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways for emergency wayfinding purposes. Phasing Plan: The subdivision is proposed to develop in 2 phases with the northern portion of Lot 4, Crestwood Subdivision No. 1 where the landscape business is located developing last. Access (UDC 11-3A-3)/Streets: One access is proposed for the development via E. McMillan Rd. North Mooney Falls Way, a local street, at the southern boundary of the site is proposed to be extended with development and a stub street (E. Territory St.) is proposed to the east for future extension. There is a 50-foot wide ingress/egress easement depicted on the Cobre Basin Subdivision No. 1 plat to this parcel from N. Red Horse Way across the common lot that abuts this site. However, ACHD is not requiring this access to be utilized because it was never dedicated to the public/ACHD and the Copper Basin Homeowner’s Association is unwilling to allow public access. Currently, the 4 existing homes all have direct lot access via E. McMillan Rd., an arterial street. All of the homes are proposing to take access internally from local streets within the proposed subdivision except for the property at 1035 E. McMillan (proposed Lot 12, Block 3), which proposes to retain their (2) driveway accesses and existing address on McMillan (see aerial photo below). UDC 11-3A-3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial street and requires access to be taken from the local street unless otherwise waived by City Council. Therefore, Council approval of a waiver is necessary to retain this access (es); otherwise, the access driveways via McMillan should be removed and access taken internally. If Council approves a waiver for access, the existing address should remain the same. Meridian City Council Meeting Agenda August 20, 2019 – Page 23 of 96 Page 10 Traffic: A Traffic Impact Study was not required by ACHD for the proposed development. A center turn lane is required on E. McMillan Rd. for the proposed public street. ITD submitted comments stating they have a project programmed to widen US 20-26 to mitigate existing congestion. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) in accord with the standards listed in UDC 11 -3B- 12C. Staff recommends a pathway connection is provided to the sidewalk along McMillan Rd. on the east end of the development in Block 3 to provide more pedestrian connectivity; this can toward qualified open space. This is depicted on the revised plat in Section VII.B. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and arterial streets; and minimum 5-foot wide attached (or detached) sidewalks are required along local streets as proposed. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along internal local streets with Class I and II trees; Class I trees (i.e. skyline honey locust) are not allowed unless the parkway is widened to 10’ – a Class II tree should be substituted or the parkway should be widened to 10’ to comply with UDC standards. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C. Per UDC Table 11-2A-5 for the R-4 zoning district, a 25-foot wide buffer is required adjacent to E. McMillan Rd., an arterial street. Garage McMillan Rd. Meridian City Council Meeting Agenda August 20, 2019 – Page 24 of 96 Page 11 Landscaping is required along each side of the pathway required on Lot 25, Block 1 in accord with the standards listed in UDC 11-3B-12C; the common lot should be widened an additional 5 feet to allow for trees to be planted outside of the easement area or alternative compliance may be requested as set forth in UDC 11-5B-5. Shown on revised plan. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also, include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Qualified Open Space (UDC 11-3G): Based on the overall development area (minus 4’ ROW dedication) which consists of 19.7461 acres of land, a minimum of 10% or 1.976 acres of qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. A revised qualified open space exhibit was submitted as shown in Section VII.D that depicts 1.976 acres (or 10%) of open space consisting of half the street buffer along E. McMillan Rd., the large common area (125’ x 184’1/2 acre +/-) on Lot 6, Block 3, common area on Lot 14, Block 1, and common areas where a pathways will be provided on Lot 25, Block 1 and Lot 26, Block 3, in accord with the minimum UDC standards. and a small common area on Lot 13, Block 1. Because the common area on Lot 13, Block 1 is smaller than 50’ x 100’ in area, contains no amenity and is located at the far west side of the development at the end of a cul-de-sac and not central to the development, it does not qualify toward the minimum open space requirement. Staff recommends an additional 2,447.25 square feet of common area is provided elsewhere (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant should submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for this development based on the size of the development (i.e. 19.74 acres). The Applicant proposes a children’s play structure and micro-path to the school site to the south as amenities in accord with UDC standards (see detail of play equipment in Section VII.D). Existing Trees: Mitigation is required for all existing trees 4” caliper or greater (except for those noted that don’t require mitigation) that are removed from the site with equal replacement of the total calipers lost on site as set forth in UDC 11-3B-10C.5. Existing trees that are retained or relocated on site may count toward the required landscaping; mitigation trees are in addition to all other landscaping. There are many existing trees on this site that are proposed to be removed that require mitigation (i.e. 294 caliper inches) and also many that are proposed to be retained (i.e. 1,156 caliper inches). Waterways (UDC 11-3A-6): There are no major waterways that traverse this site. Any irrigation ditches should comply with the standards listed in UDC 11-3A-6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Meridian City Council Meeting Agenda August 20, 2019 – Page 25 of 96 Page 12 Four-foot tall closed vision fencing with 2-foot slatted vinyl on top is proposed adjacent to the micro-path on Lot 25, Block 1 and the common area on Lot 6, Block 3. Six-foot tall vinyl privacy fence is proposed at the back edge of the street buffer along McMillan Rd., along the west & south property boundaries of the existing home on Lot 12, Block 3 and along the east boundary of the subdivision. The existing fencing along the south and west boundaries of the site is proposed to remain. Fencing is required to be provided adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached units as shown in Section VII.E. Building materials for the single-family homes consist of a mix of siding with stone veneer accents. Because the rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends denial of the proposed annexation and zoning request; and approval of the preliminary plat per the conditions included in Section VIII.A per the Findings in Section IX. Further, Staff recommends the project is continued to a subsequent hearing date as discussed in Section V.A. B. The Meridian Planning & Zoning Commission heard these items on June 20 and July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Dave Yorgason, Applicant’s Representative b. In opposition: None c. Commenting: None d. Written testimony: Dave Yorgason, Applicant’s Representative (response to staff report) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Andrea Pogue 2. Key issue(s) of public testimony: a. None Meridian City Council Meeting Agenda August 20, 2019 – Page 26 of 96 Page 13 3. Key issue(s) of discussion by Commission: a. The Applicant’s request for Council waiver for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops; b. The cul-de-sac that exceeds the maximum length standards in the UDC; c. The existing landscape business continuing to operate on the parcel proposed for annexation; d. Timing/phasing for construction of the sidewalk in front of the property at 1157 E. McMillan Rd. (phase 1 vs. phase 2). 4. Commission change(s) to Staff recommendation: a. Addition of DA provisions as recommended by Staff with a change to the phasing of the sidewalk along McMillan Rd. to allow it to be constructed with each phase of development rather than all with the first phase (see Section VIII. A); 5. Outstanding issue(s) for City Council: a. The Applicant’s request for a Council waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. to remain for the home at 1035 E. McMillan Rd. until such time as the property redevelops. The Commission was in favor of the Applicant’s request. b. The Applicant’s request for the cul-de-sac that exceeds the maximum length standards in the UDC to be approved as-is. Note: There is no provision in the UDC to allow Council approval of the Applicant’s request. Meridian City Council Meeting Agenda August 20, 2019 – Page 27 of 96 Page 14 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 20, 2019 – Page 28 of 96 Page 15 Meridian City Council Meeting Agenda August 20, 2019 – Page 29 of 96 Page 16 B. Preliminary Plat (date: 2/28/2019 7/9/19) & Phasing Plan REVISED Meridian City Council Meeting Agenda August 20, 2019 – Page 30 of 96 Page 17 C. Landscape Plan (date: 4/26/2019 7/11/2019) REVISED Meridian City Council Meeting Agenda August 20, 2019 – Page 31 of 96 Page 18 Meridian City Council Meeting Agenda August 20, 2019 – Page 32 of 96 Page 19 D. Qualified Open Space Exhibit (dated: February 28, 2019 July 11, 2019) REVISED & Site Amenity Meridian City Council Meeting Agenda August 20, 2019 – Page 33 of 96 Page 20 E. Conceptual Building Elevations Meridian City Council Meeting Agenda August 20, 2019 – Page 34 of 96 Page 21 F. Approval from Ada County for Landscape Business Meridian City Council Meeting Agenda August 20, 2019 – Page 35 of 96 Page 22 Meridian City Council Meeting Agenda August 20, 2019 – Page 36 of 96 Page 23 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VII and the provisions contained herein. b. The sidewalk within the street buffer along McMillan Rd. shall be installed along the entire frontage of the subdivision with the first with each phase of development. c. The rear and/or side of 2-story structures on lots that abut E. McMillan Rd. and N. Red Horse Way shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. d. The existing landscape business shall cease operation by December 31, 2022 at the latest and shall operate in accord with the following provisions in the interim: i. The landscape business is subject to the nonconforming use standards listed in UDC 11-1B-4. ii. The retail sale of agricultural products or live plant material shall not be conducted on the site. iii. Any lighting on the site shall comply with the standards listed in UDC 11-3A-11. iv. The use shall not create noises creating a public disturbance and shall comply with MCC 6-3-6: Noises Creating Public Disturbance. v. The maintenance of vehicles or machinery shall be incidental to the use and shall only include minor repair. vi. No retail sales associated with the use shall occur on the property. vii. The hours of operation shall be limited to the hours between 7:00 am and 7:00 pm Monday thru Saturday. viii. No on-street parking of vehicles or equipment associated with the use is allowed. ix. The use shall comply with all City, State and Federal requirements. x. Outdoor storage of material, equipment, inventory, and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of such in a manner that creates a public nuisance, visual blight, or acoustic Meridian City Council Meeting Agenda August 20, 2019 – Page 37 of 96 Page 24 impacts; blocks, impedes or overlaps any sidewalk and/or vehicular traffic; or causes the site to be used as a “vehicle wrecking or junk yard” as defined in UDC 11-1A-1. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24 25, Block 3 do not meet the minimum required frontage of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly. b. The proposed cul-de-sac exceeds 450’ in length which is the maximum allowed length per UDC 11-6C-3; the plat shall be revised accordingly. c. Graphically depict the 30-foot wide sewer easement on Lot 25, Block 1. d. The existing access(es) via McMillan Rd. for the property at 1035 E. McMillan (proposed Lot 12, Block 3) shall be removed and access taken internally from N. Morpheus Pl., a local street, as set forth in UDC 11-3A-3 unless otherwise waived by City Council. If Council approves a waiver for access, the address should remain the same. e. Provide a minimum 15-foot wide common lot in Block 3 on the east end of the development for a micro-path connection to the common lot along E. McMillan Rd. Done; the revised plat depicts a common lot with pathway. f. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done; the revised exhibit complies with UDC standards. g. Provide a common lot(s) for the common driveway(s) that provides access to Lots 10-12 and 17-18, Block 1; and Lots 10-11 and 22-23, Block 3 that complies with the standards listed in UDC 11-2A-3B and 11-6C-3D. Note: A 5-foot wide landscape buffer is only required if solid fencing is proposed adjacent to the common driveway. h. The micro-path shown on Lot 24, Block 3 shall be in a minimum 15-foot wide common lot. i. Lot 26, Block 3 shall comply with the minimum street frontage requirement of 60 feet as set forth in UDC Table 11-2A-5. The street frontage for Lots 10, 14, 17 and 18, Block 1; and Lots 12, 22 and 24, Block 3 do not meet the minimum required of 30 feet as set forth in UDC 11-2A-3B; the plat should be revised accordingly (common driveways may be an alternative). 3. The landscape plan included in Section VII.C shall be revised as follows: a. Depict a minimum 5-foot wide pathway in Lot 25, Block 1 in order to comply with the block length standards in UDC 11-6C-3F.3a; landscaping is required on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. An additional 5-feet shall be added to the width of the common lot to allow trees to be planted or alternative compliance may be requested as set forth in UDC 11-5B-5. Done b. Substitute the skyline honey locust Class I trees within the parkways with a Class II tree or widen the parkways to 10’ in accord with UDC 11-3A-17E. Done Meridian City Council Meeting Agenda August 20, 2019 – Page 38 of 96 Page 25 c. In the Landscape Requirements table, include the total linear feet of parkways, minus 26’ for the curb cut area for the width of each driveway, as set forth in UDC 11-3G-3B.5c, and the required number of parkway trees along with the number of trees provided. Also include the total square footage of open space/common lots and the required number of trees along with the number of trees provided. Done d. Provide an additional 2,447.25 square feet of common area (i.e. added to Lot 6, Block 3 or Lot 25, Block 1) to comply with the minimum common open space standards; Lot 13, Block 1 may be absorbed into the adjacent building lot (Lot 14, Block 1) or may remain. The Applicant shall submit a revised qualified open space exhibit, preliminary plat and landscape plan that complies with the minimum open space standards prior to the City Council hearing. Done e. Provide a minimum 15-foot wide common lot on the north side of Block 3 on the east end of the development that contains a micro-path for a connection to the common lot and sidewalk along E. McMillan Rd. Done f. Depict fencing adjacent to Lot 14, Block 1 and Lot 25, Block 3 to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. 4. For lots accessed by common driveways, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 5. Provide address signage for homes accessed by the common driveways for emergency wayfinding purposes. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. All existing structures on the site shall that are proposed to be removed shall be removed prior to City Engineer signature on the final plat phase in which they are located. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Each phase must be modeled to ensure adequate fire flow. 1.3 The street addressing of the existing structures to remain will change with the development of this subdivision unless City Council approves a waiver to UDC 11-3A-3 for the existing driveway access via McMillan Rd. for the property at 1035 E. McMillan Rd. to remain in which case the address should also remain the same. Meridian City Council Meeting Agenda August 20, 2019 – Page 39 of 96 Page 26 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 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 Engineering Department at (208)898-5500 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 Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Meridian City Council Meeting Agenda August 20, 2019 – Page 40 of 96 Page 27 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The design 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 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. Meridian City Council Meeting Agenda August 20, 2019 – Page 41 of 96 Page 28 2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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 more information at 887-2211 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=168817&dbid=0 D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/WebLink8/0/doc/169489/Page1.aspx F. NAMPA & MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169365/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/169061/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/169384/Page1.aspx I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/169249/Page1.aspx J. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/169432/Page1.aspx K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/173128/Page1.aspx L. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/173932/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: Meridian City Council Meeting Agenda August 20, 2019 – Page 42 of 96 Page 29 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant’s proposal to annex and develop a 5.19 acre portion of the subject property with R-4 zoning is consistent with the LDR Future Land Use Map designation in the Comprehensive Plan. (See section V for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available within the City in accord with the Comprehensive Plan. However, continuance of the non-conforming use is not consistent with the purpose statement (see Section V for more information). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed low density residential uses should be compatible with adjacent existing and future similar density residential uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Commission finds City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.J that currently show student enrollment is above capacity for the elementary and middle schools and at capacity for the high school. 5. The annexation (as applicable) is in the best interest of city. The Commission finds the proposed annexation is not in the best interest of the City at this time for the following reasons: 1) the use is commercial/industrial in nature and is not an allowed use in the R-4 zoning district; 2) the use is not compatible with the proposed residential uses; 2) any code enforcement issues would be the responsibility of the City; 3) it’s difficult to track sunset clauses in Development Agreements and if the use has not concluded by the sunset date, it becomes the City’s responsibility for enforcement. B. Preliminary Plat (UDC 11-6B-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Meridian City Council Meeting Agenda August 20, 2019 – Page 43 of 96 Page 30 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda August 20, 2019 – Page 44 of 96 Si l v e r S p r i n g s : P r o j e c t S u m m a r y 2 d e v e l o p e r s w o r k i n g t o g e t h e r t o m a s t e r p l a n 57 h o m e s ( 4 e x i s t i n g + 5 3 n e w h o m e s ) 4 p a r c e l s t o t a l i n g 2 0 a c r e s 3 e x i s t i n g p a r c e l s p r e v i o u s l y a n n e x e d ( R - 4 ) 1 p a r c e l i s a n e x i s t i n g b u s i n e s s w i t h C - U - P Cu s t o m & S e m i - C u s t o m H o m e s Pe d e s t r i a n a c c e s s t o s c h o o l s i t e & C h i l d r e n ’ s T o t L o t Th i s i s i n f i l l d e v e l o p m e n t w i t h c h a l l e n g e s … . Si l v e r S p r i n g s : C h a l l e n g e s Ex i s t i n g l a n d s c a p e b u s i n e s s o p e r a t i o n Ac c e s s De s i g n l a y o u t v s . e x i s t i n g h o m e s a n d t r e e s Si l v e r S p r i n g s : R e c o m m e n d A p p r o v a l Ag r e e w i t h A C H D s t a f f r e p o r t Ag r e e w i t h C i t y s t a f f r e p o r t w i t h a f e w n e e d e d c h a n g e s Re q u e s t a p p r o v a l w i t h c h a n g e s t o s t a f f r e p o r t (r e f e r t o a p p l i c a n t ’ s l e t t e r ) A. 2 . b : A l l o w t h e w e s t e r n c u l - d e - s a c t o b e a l l o w e d p e r th e d e s i g n Wo r k i n g w i t h a n e x i s t i n g a c c e s s p r o b l e m Co p p e r B a s i n e a s e m e n t AC H D a n d / o r C i t y d i d n o t r e q u ir e t h i s t o b e R i g h t - O f - W a y AC H D c a n n o t r e q u i r e c o n n e c t i o n a n d C o p p e r B a s i n H O A u n w i l l i n g t o co o p e r a t e Re q u i r e d t o r e d u c e a c c e s s e s o n M c M i l l a n Al t e r n a t i v e d e s i g n s a r e v e r y i n e f f i c i e n t a n d p r o d u c e s i m i l a r r e s u l t s Su g g e s t D e l e t e c o n d i t i o n A . 2 . b Re q u e s t a p p r o v a l w i t h c h a n g e s t o s t a f f r e p o r t (r e f e r t o a p p l i c a n t ’ s l e t t e r ) A. 2 . d : A l l o w t h e e x i s t i n g r e s i d e n t a t 1 0 3 5 E . M c M i l l a n t o re t a i n h i s c u r r e n t a c c e s s o n M c M i l l a n AC H D & P & Z C o m m i s s i o n s u p p o r t k e e p i n g o n e a c c e s s Al i g n s w i t h e x i s t i n g s t r e e t L a r k w o o d Su g g e s t e d c h a n g e : C i t y C o u n c i l gr a n t t h e w a i v e r t o k e e p t h e ex i s t i n g a c c e s s a n d e i t h e r 1. De l e t e c o n d i t i o n A . 2 . d . o r 2. Mo d i f y c o n d i t i o n t o a l l o w t h e e x i s t i n g a c c e s s u n t i l t h e p r o p e r t y re d e v e l o p s Si l v e r S p r i n g s : S u m m a r y 2 d e v e l o p e r s w o r k i n g t o g e t h e r t o m a s t e r pl a n Qu a l i t y & C o m p a t i b l e d e v e l o p m e n t In f i l l d e v e l o p m e n t w i t h c h a l l e n g e s Re q u e s t a p p r o v a l w i t h c h a n g e s : De l e t e c o n d i t i o n A . 2 . b ( C u l - d e - s a c l e n g t h ) De l e t e c o n d i t i o n A . 2 . d ( Gr a n t t h e w a i v e r t o k e e p t h e ex i s t i n g a c c e s s a t 1 0 3 5 E . M c M i l l a n a c c e s s ) (o r M o d i f y c o n d i t i o n t o a l l o w t h e e x i s t i ng a c c e s s u n t i l t h e p r o p e r t y r e d e v e l o p s ) Th a n k Y o u ! Re q u e s t a p p r o v a l w i t h c h a n g e s t o s t a f f r e p o r t De v e l o p m e n t A g r e e m e n t C o n d i t i o n # 2 : In s t a l l s i d e w a l k i n f r o n t o f 1 1 5 7 E . M c M i l l a n a t t h e s a m e ti m e a s w h e n t h e 2 nd ph a s e i s d e v e l o p e d Re q u i r e s r e m o v a l o f s u b s t a n t i a l l a n d s c a p i n g , w a t e r f a l l , e t c . t h a t pr o v i d e s p r i v a c y a n d s o u n d b u f f e r Si d e w a l k m o s t l i k e l y w i l l b e t o r n o u t o r a l t e r e d a f t e r f i n a l la n d s c a p e b e r m i s i n s t a l l e d w i t h p h a s e 2 Si d e w a l k w i l l n o t b e u s e d f o r s e v e r a l y e a r s ( a f t e r p h a s e 2 ) Su g g e s t D e l e t e c o n d i t i o n CjQ/rE IDK NIA*,----I DAHO CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 I Item Title: City Wide Fee Updates Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.I . Presenter: Brad Purser Estimated Time f or P resentation: 5 Minutes Title of I tem - C itywide Fee Updates C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Citywide F ee Updates Cover Memo 8/20/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/16/2019 - 11:29 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 61 of 96 Department New/ Existing Fee Description Old Amount New Amount Change Pct Change 1 Public Works Existing Water Meters: Meter Adaptor Kit (*a) 80.00$ 48.72$ (31.28)$ -39% 2 Public Works Existing Water Meters:Single Port MXU 159.30$ 167.68$ 8.38$ 5% 3 Public Works Existing Water Meters:Dual Port MXU (*b)89.31$ 94.00$ 4.69$ 5% 4 Public Works Existing Water Meters:3/4 inch meter 131.28$ 138.18$ 6.90$ 5% 5 Public Works Existing Water Meters:3/4 inch meter (short)130.81$ 138.19$ 7.38$ 6% 6 Public Works Existing Water Meters:1 inch meter 173.41$ 182.54$ 9.13$ 5% 7 Public Works Existing Water Meters:1 1/2 inch meter C2 1,283.64$ 1,351.23$ 67.59$ 5% 8 Public Works Existing Water Meters:2 inch meter C2 1,475.95$ 1,553.64$ 77.69$ 5% 9 Public Works Existing Water Meters:4 inch compound meter C2 3,189.08$ 3,356.93$ 167.85$ 5% 10 Public Works Existing Water Meters:1 1/2 Inch Meter (Irrigation) T2 883.43$ 929.93$ 46.50$ 5% 11 Public Works Existing Water Meters:2 Inch Meter (Irrigation) T2 1,086.33$ 1,143.51$ 57.18$ 5% 12 Public Works Existing Water Meters:4 inch Turbo Meter (Irrigation) T2 2,519.02$ 2,615.61$ 96.59$ 4% 13 Public Works Existing Water Meters:3/4 inch Meter (Reclaimed)147.52$ 155.29$ 7.77$ 5% 14 Public Works Existing Water Meters:1 inch Meter (Reclaimed)182.22$ 191.81$ 9.59$ 5% 15 Public Works Existing Water Meters:1 1/2 inch T-2 Meter (Reclaimed)903.43$ 950.98$ 47.55$ 5% 16 Public Works Existing Water Meters:1 1/2 inch C-2 Meter (Reclaimed)1,303.64$ 1,372.26$ 68.62$ 5% 17 Public Works Existing Water Meters:2 inch T-2 Meter (Reclaimed)1,061.87$ 1,117.76$ 55.89$ 5% 18 Public Works Existing Water Meters:2 inch C-2 Meter (Reclaimed)1,495.95$ 1,574.69$ 78.74$ 5% 19 Public Works Existing Water Meters:4 inch T-2 Meter (Reclaimed)2,539.02$ 2,672.66$ 133.64$ 5% 20 Public Works Existing Water Meters:4 inch C-2 Meter (Reclaimed)3,209.77$ 3,378.71$ 168.94$ 5% 21 Public Works Existing Water Meters:Hydrant Meter H2 1,234.71$ 1,418.95$ 184.24$ 15% 22 Public Works Existing Water Meters:Backflow Assembly 398.65$ 307.51$ (91.14)$ -23% 23 Public Works Existing Water Meters:Hydrant Meter H2 w/ Backflow 1,633.36$ 1,726.46$ 93.10$ 6% 24 Public Works Existing Water System Repair Fee:3/4" Angle Valve 76.16$ 111.90$ 35.74$ 47% 25 Public Works Existing Water System Repair Fee:2 inch gate valve for hydrant meter 149.00$ 185.16$ 36.16$ 24% 26 Public Works Existing Water System Repair Fee:Meter Setter 3/4 inch 242.00$ 318.48$ 76.48$ 32% 27 Public Works Existing Water System Repair Fee:Meter Setter 1 inch 442.00$ 530.22$ 88.22$ 20% 28 Public Works Existing Water System Repair Fee:Meter Setter 1.5 inch 955.84$ 1,723.70$ 767.86$ 80% 29 Public Works Existing Water System Repair Fee:Meter Setter 2 inch 1,113.46$ 1,718.98$ 605.52$ 54% 30 Public Works Existing Water System Repair Fee:Residential Meter Lid and Ring 159.00$ 139.20$ (19.80)$ -12% 31 Public Works New Water System Repair Fee:Hydrant Meter 2.5 FHT Swivel / no screen -$ 72.79$ 72.79$ 0% 32 Public Works Existing Water System Repair Fee:Fire Hydrant 1,630.50$ 2,146.06$ 515.56$ 32% 33 Public Works Existing Water System Repair Fee:1 Inch Angle Valve 139.97$ 99.62$ (40.35)$ -29% 34 Public Works Existing Water System Repair Fee:1.5 Inch Angle Valve 225.80$ 246.28$ 20.48$ 9% 35 Public Works Existing Water System Repair Fee:2 Inch Angle Valve 266.44$ 289.36$ 22.92$ 9% 36 Public Works Existing Water System Repair Fee:Meter Pit Upgrade to Traffic Rated 382.53$ 500.00$ 117.47$ 31% 37 Public Works Existing Water System Repair Fee:Lid Only - 24" Manhole Cover 130.71$ 146.12$ 15.41$ 12% 38 Public Works Existing Water System Repair Fee:Grade Ring - Top 4"40.00$ 51.24$ 11.24$ 28% 39 Public Works Existing Water System Repair Fee:Grade Ring - Bottom 2"29.33$ 45.75$ 16.42$ 56% 40 Public Works Existing Water System Repair Fee:Manhole Ring 141.43$ 156.42$ 14.99$ 11% 41 Public Works Existing Water System Repair Fee:CMP 104.50$ 145.42$ 40.92$ 39% 42 Public Works Existing Water System Repair Fee:Non-Traffic Rated Standard Lid and Ring 80.00$ 139.20$ 59.20$ 74% 43 Public Works Existing Water System Repair Fee:Non-Traffic Rated Meter Tub/Tile for Single/Double Services 97.13$ 95.76$ (1.37)$ -1% 44 Public Works Existing Water System Repair Fee:Hydrant Break-Away Kit 180.00$ 316.21$ 136.21$ 76% 45 Public Works Existing Water System Repair Fee:Hydrant - 6" Extension 473.00$ 569.99$ 96.99$ 21% 46 Public Works Existing Water System Repair Fee:Valve Box - 16" Top Section 73.64$ 29.73$ (43.91)$ -60% 47 Public Works Existing Water System Repair Fee:Valve Box - 26" Top Section 83.06$ 48.02$ (35.04)$ -42% 48 Public Works Existing Water System Repair Fee:Valve Box - 36" Bottom Section 85.62$ 53.74$ (31.88)$ -37% 49 Public Works Existing Water System Repair Fee:Valve Box Extension Riser 1-6"18.57$ 44.59$ 26.02$ 140% 50 Public Works Existing Water System Repair Fee:Valve Lid 15.00$ 14.87$ (0.13)$ -1% 51 Public Works Existing Water System Repair Fee:Meter Tub 36"98.00$ 95.76$ (2.24)$ -2% Meridian City Council Meeting Agenda August 20, 2019 – Page 62 of 96 Department New/ Existing Fee Description Old Amount New Amount Change Pct Change 52 Public Works Existing Water System Repair Fee:Meter Tub 42"97.13$ 110.20$ 13.07$ 13% 53 Public Works Existing Water System Repair Fee:Traffic Rated Lid 20"256.00$ 110.20$ (145.80)$ -57% 54 Public Works Existing Water System Repair Fee:1" IP Compression x 3/4 MIP Brass fitting 38.11$ 46.67$ 8.56$ 22% 55 Public Works Existing Water System Repair Fee:3/4 FIP x FIP Brass Curb Stop Valve 61.76$ 66.83$ 5.07$ 8% 56 Public Works Existing Water System Repair Fee:1"x 1"IP PE Comp x Comp Grip Coupler 48.79$ 58.19$ 9.40$ 19% 57 Public Works Existing Water System Repair Fee:3/4" IP 200PSI Poly Pipe Per linear Ft.0.36$ 0.33$ (0.03)$ -8% 58 Fire Existing Fire Operational Fees Inspector/ Investigator Per Hour 45.00$ 65.00$ 20.00$ 44% 59 Fire Existing Fire Operational Fees Brush/Squad Per hour 315.00$ 180.57$ (134.43)$ -43% 60 Fire Existing Fire Operational Fees Command/Incident Mang. Per Hour 198.00$ 54.75$ (143.25)$ -72% 61 Fire Existing Fire Operational Fees Engine Response Per Hour 353.00$ 261.29$ (91.71)$ -26% 62 Fire Existing Fire Operational Fees Tender Response Per Hour 290.00$ 190.80$ (99.20)$ -34% 63 Fire Change to existing False Alarm (1st Offense) False Alarm (1st Offense) -$ -$ -$ 0% 64 Fire Change to existing False Alarm (2nd Offense) False Alarm (2nd Offense) -$ 65.00$ 65.00$ 0% 65 Fire Change to existing False Alarm (3rd Offense) False Alarm (3rd Offense) -$ 130.00$ 130.00$ 0% 66 Fire Change to existing False Alarm (4th Offense) False Alarm (4th Offense) -$ 195.00$ 195.00$ 0% 67 Fire Change to existing False Alarm (5th Offense) False Alarm (5th Offense) -$ 260.00$ 260.00$ 0% 68 Fire New Above Ground Storage Tank Operational Permit Above Ground Storage Tank Operational Permit -$ 85.00$ 85.00$ 0% 69 Building Change to existing Fence Permit Fence Permit 55.00$ 10.00$ (45.00)$ -82% Meridian City Council Meeting Agenda August 20, 2019 – Page 63 of 96 Ci t y w i d e F e e S c h e d u l e August 2019 Up d a t e s t o t h e F e e S c h e d u l e Fe e c h a n g e s g r e a t e r t h a n 5 % (r e q u i r e s p u b l i c h e a r i n g ) Fe e c h a n g e s l e s s t h a n 5 % Fe e n a m e c h a n g e Ne w F e e s (r e q u i r e s p u b l i c h e a r i n g ) Fa l s e A l a r m F e e s Fe n c e P e r m i t F e e Hy d r a n t M e t e r 2 . 5 F H T Ab o v e G r o u n d S t o r a g e T a n k F e e Pr o p o s e d N e x t S t e p s Pu b l i s h i n c r e a s e s o v e r 5% i n t h e p a p e r o v e r th e n e x t 2 w e e k s ( 8 / 3 0 & 9 / 6 ) Pu b l i c h e a r i n g w i l l b e 9 / 1 0 / 2 0 1 9 Re s o l u t i o n w i l l b e 9 / 1 0 / 2 0 1 9 Fe e c h a n g e s e f f e c t i v e 1 0 / 1 / 2 0 1 9 QU E S T I O N S ? Pu b l i c W o r k s : W a t e r M e t e r F e e s Pu b l i c W o r k s : W a t e r S y s t e m R e p a i r F e e s Fi r e O p e r a t i o n a l F e e s Ne w C i t y w i d e F e e s EIDIAN*,----DAHO I, CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 3 Item Title: Republic Service Rate Increase Request Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.J . Presenter: Rodney Remling Estimated Time f or P resentation: 10 minutes Title of I tem - Republic S ervices Rate Increase Request Annual R ate Ad justment for S olid Was te C ollec tion S ervices C ouncil Notes: R ecycling P rocessing Fee Contract A mendment will need to be approved A F T E R the public hearing on the rate increase. AT TAC HM E NT S: Description Type Upload D ate Republic Services 2020 Rate A djustment Memo S WA C 2019 07 24 Cover Memo 8/15/2019 Recycling Processing F ee Contract A mendment A greements / C ontracts 8/15/2019 RE V I E WE RS : Department Reviewer Action D ate P ublic Works.J ohnson, Chris R ejected 8/13/2019 - 11:52 A M P ublic Works.J ohnson, Chris Approved 8/15/2019 - 10:00 A M P ublic Works.J ohnson, Chris Approved 8/15/2019 - 3:42 P M P ublic Works.Deardorff, S usie Approved 8/15/2019 - 4:12 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 64 of 96 M E M O R A N D U M TO: Meridian Solid Waste Advisory Commission FROM: Rodney Remling, Finance Manager, Republic Services of Idaho DATE: July 24, 2019 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. CPI Adjustment Methodology Our contract allows non disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest. The Pacific Northwest CPI index is no longer published so CPI for the Western Region of the United States is used. This year’s change in CPI (at 90%) is 2.47%. The CPI adjustment is $0.33 per household per month plus tax. The commercial impact varies and is based on container size and frequency of collection. Household Hazardous Waste Residential 2019 rates include an amount for household hazardous waste (HHW) of $0.20 per household per month. A reconciliation of actual HHW costs and the amount collected from residents was performed. The Life- to-Date net result is an amount due to Republic Services of $4,228. The amount will remain on account and included in the ongoing reconciliation. The current run rate is $0.18 per household per month and is reflected as a reduction of $0.02 in residential rates for FY2020. Recycling Service Charge For the second consecutive year, the cost of recycling processing fees increased. For the July 2018 through June 2019 period, Republic Services sustained unreimbursed recycling cost of $243,065 for Meridian City’s recycling program. These costs have been reviewed with City Staff. Republic Services therefore requests an additional $0.10 per household per month for residential and $0.33 per commercial yard. These charges include an amount for the Meridian City franchise fee. The City bills Republic Services a franchise fee based on the total amount billed to customers. Residential Impact Per Customer The total proposed increase for residential customers is $0.41 comprised of CPI increase $0.33, HHW decrease $0.02 and uncontrollable recycling commodity increase $0.10. New Rate No new rates. 11101 West Executive Drive, Boise ID 83713 Office (208) 345-1265 Meridian City Council Meeting Agenda August 20, 2019 – Page 65 of 96 Meridian City Council Meeting Agenda August 20, 2019 – Page 66 of 96 Meridian City Council Meeting Agenda August 20, 2019 – Page 67 of 96 Meridian City Council Meeting Agenda August 20, 2019 – Page 68 of 96 REPUBLIC SERVICES MEMORANDUM 11101 West Executive Drive, Boise ID 83713 Office (208) 345-1265 TO: Mayor Tammy de Weerd Members of the Meridian City Council: Mr. Joe Borton Mr. Treg Bernt Mr. Luke Cavener Ms. Genesis Milam Mr. Ty Palmer Ms. Anne Little Roberts FROM: Rodney Remling, Finance Manager, Republic Services of Idaho DATE: August 13, 2019 SUBJECT: FY 2020 Annual Rate Adjustment for Solid Waste Collection Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our Franchise Agreement with the City of Meridian with an effective date of October 1. Republic Services presented the proposed FY 2020 rate adjustment to the Solid Waste Advisory Commission (SWAC) July 24, 2019.SWAC recommended approved the proposed FY 2020 rates to move forward to Council with the following change: 1. The FY2019 Recycling Processing Amendment be extended for FY2020. This Franchise Agreement Amendment allowed for the addition of recycling processing and disposal fees to extend through FY 2020 to cover recycling program losses associated with Meridian's residential, commercial and industrial recycling programs. The proposed FY 2020 Recycling Processing Amendment is drafted to be effective for one year only, expiring September 30, 2020. Republic Services worked with Meridian Staff, including Legal and Finance, to address SWAC recommendations. Copies of the rates and proposed Recycling Processing Fee Amendment, approved by Staff, are attached for your review. CPI Adjustment Methodology The Republic Services Franchise Agreement allows non -disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest. The Pacific Northwest CPI index is no longer published, so CPI for the Western Region of the United States is used. The 2019 change in CPI (at 90%) is 2.47%. The CPI adjustment is $0.33 per household per month. The commercial impact varies and is based on container size and frequency of collection. Household Hazardous Waste Collection Fiscal 2016 residential rates were adjusted to cover the cost of Household Hazardous Waste (HHW) service in Meridian. This rate is not subject to CPI but is adjusted annually to reflect actual cost and use of the service. Residential 2019 rates include an amount for HHW of $0.20 per household per month. Use of the HHW program has not kept pace with household growth in the city. A reconciliation of actual HHW costs and the amount collected from residents was performed. The Life -to -Date net result is an amount due to Republic Services of $4,228. The amount will remain open and included in the ongoing reconciliation. The current run rate is $0.18 per household per month and supports a reduction of $0.02 in residential rates for FY2020. Recycling Service Charge For the second consecutive year, the cost of recycling processing fees increased. For the July 2018 through June 2019 period, Republic Services sustained unreimbursed recycling costs totaling $243,065 for Meridian City's recycling program. These costs have been reviewed with City Staff. Republic Services therefore requests an additional $0.10 per household per month for residential and $0.33 per commercial yard. These charges include an amount for the Meridian City franchise fee. The City bills Republic Services a franchise fee based on the total amount billed to customers. Residential Impact Per Customer The total proposed increase for residential customers is $0.41/HH/month which is the net of the annual CPI increase ($0.33/HH/month) the HHW program decrease ($0.02/HH/month) and the average monthly uncontrollable loss on recycling commodity($0.10/HH/month). New Rate No new rates. ATTACHMENT B. Residential Collection Rates: Current & Proposed Residential Collection Rate Structure - FY 2019 Meridian Franchise Fees (6%) Net to Republic Services Net to State of Idaho $0.92 $1.04 32 -gal $14.38 64 -gal $18.14 95 -gal Service Cost $0.07 $12.15 $ $12.27 $ $12.39 Ada County Disposal $ 1.00 $ 2.88 $ 4.76 Carts $ 1.12 $ 1.12 $ 1.12 Household Hazardous Waste $ 0.20 $ 0.20 $ 0.20 Recycling $ 0.83 $ 0.83 $ 0.83 Sales tax $ 0.07 $ 0.07 $ 0.07 Customer Rate $15.37 $17.37 $19.37 Meridian Franchise Fees (6%) Net to Republic Services Net to State of Idaho $0.92 $1.04 $1.16 $14.38 $16.26 $18.14 $0.07 $0.07 $0.07 Proposed Residential Collection Rate Structure - FY 2020 Rate increase on Service Costs 2.47% Rate increase on Disposal Costs 0.00% Meridian Franchise Fees (6%) $ 32 -gal $ 64 -gal $ 95 -gal Service Gost $ 12.45 $ 12.57 $ 12.69 Ada County Disposal $ 1.00 $ 2.88 $ 4.76 Carts $ 1.15 $ 1.15 $ 1.15 Household Hazardous Waste $ 0.18 $ 0.18 $ 0.18 Recycling $ 0.93 $ 0.93 $ 0.93 Sales tax $ 0.07 $ 0.07 $ 0.07 Customer Rate 15.78 17.78 $19.78 Meridian Franchise Fees (6%) $ 0.94 $ 1.06 $ 1.18 Net to Republic Services $ 14.77 $ 16.65 $ 18.53 Net to State of Idaho $ 0.07 $ 0.07 $ 0.07 k � ! �k |E � \ V E rig ) | ) & |2 { ! I 9 Z a 2 A a R n .l~ Z Z2 gage C n n � gga' L. �" n 2 '� R o k '� 9 Rg o w o Y: "s E 2 F 4 i EIDIAN,?-- I DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 K Item Title: Public Hearing for Ordinance No. 19-1840 An Ordinance Amending Title 4, Chapter 1, Sections 8(C)(3)(B),of the Meridian City Code, Regarding Wheeled Cart Collection Placement Standards — Location of Placement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.K . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ordinance No. 19-1840 An Ordinance Amending T itle 4, C hapter 1, S ections 8 (C)(3)(B), Of T he M eridian C ity C ode, Regar ding Wheeled C art C ollection P lacement Standards - L ocation Of Placement C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2019 - 3:57 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 69 of 96 8/20/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/20/2019 Hearing Type: Council Item Number: 8-K Project Name: Ordinance Regarding Wheeled Cart Collection Placement Standards 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=299 1/1 �jQ/rE IDIAN*,-----IZ CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 8 L Item Title: Public Hearing for Ordinance No. 19-1841 An Ordinance Amending Meridian City Code Section 2-6-3, Regarding Membership and Qualifications for Meridian Solid Waste Advisory Commission. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.L . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Ordinance No. 19-1841: An Ordinance Amending M eridian C ity C ode S ection 2-6-3, Regarding M embership and Qualifications for the M eridian S olid Waste Advisory Commission C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 8/14/2019 - 3:57 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 70 of 96 8/20/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/20/2019 Hearing Type: Council Item Number: 8-L Project Name: Ordinance Regarding Membership & Qualifications for Solid Waste Advisory Commission 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=300 1/1 (-�`Q/rE IDRNIA*,----- �J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 9 A Item Title: Ordinance No. 19-1839 For Bainbridge Franklin (H-2018-0057) for Annexation of a Parcel of Land. Meeting Notes: 7RA I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Chris J ohnson Estimated Time f or P resentation: 3 minutes Title of I tem - Ordinance No.19-1839: An Ordinance (H-2018-0057– Bainbridge F ranklin) F or Annexation Of A P arcel Of L and L ocated In T he NW ¼ Of T he NE ¼ O f S ection 14, Township 3 North, Range 1 West, Boise M eridian, Ada County, Idaho, As Described In Attachment “A” And Annexing C ertain L ands And Territory, S ituated In Ada C ounty, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he City O f M eridian As Requested By T he C ity Of M eridian; Establish¬ing And D etermining T he L and Use Zoning C lassification Of 3.68 Acres O f L and F rom R1 To C-G (General Retail And Service C ommercial) Zoning District 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 State Tax Commission, As Required By L aw; And P roviding F or A S ummary Of T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. Annexation Ordinance - B ainbridge F ranklin C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B ainbridge F ranklin ordinance Ordinance 8/14/2019 B ainbridge F ranklin - Exhibit A E xhibit 8/14/2019 B ainbridge F ranklin - Exhibit B E xhibit 8/14/2019 B ainbridge F ranklin - Summary Ordinance 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/14/2019 - 1:59 P M L egal.A lbertson, Michelle Approved 8/14/2019 - 2:09 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 71 of 96 ADA COUNTY RECORDER Phil McGrane 2019-077113 BOISE IDAHO Pgs=5 NIKOLA OLSON 08/21/2019 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE 14111111403 M1% I D1 ILI 17/_10103.91310FROICS)120139L'MF:Idr! COUNCIL:BY THE CITY BORTON,• PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0057— BAINBRIDGE FRANKLIN) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NW 1/4 OF THE NE'/4 OF SECTION 14, TOWNSHIP 3 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 3.68 ACRES OF LAND FROM RI TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FORA SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: 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, Steve Bainbridge. SECTION 2. That the above-described real property is hereby annexed and re -zoned from R1 to C -G (General Retail and Service Commercial) 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. ANNEXATION ORDINANCE — BAINBRIDGE FRANKLIN (H 2018-0057) Page 1 of 3 Meridian City Council Meeting Agenda August 20, 2019 — Page 72 of 96 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. 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 day of , 2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of R 3 , 2019. r OR TAMMY de WEERD ATTEST: z" �� ( of C_ E IDIAN- � IDAHO Z SEAL CH S J SON, CITY CLERK J" ANNEXATION ORDINANCE — BAINBRIDGE FRANKLIN (H 2018-0057) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this � day of u U4 , 2019, before me, the undersigned. a Notary Public in and for said State, personally appeared TAMMY de WEERD and, CV\( ;jet, 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 sarne. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY NOTARY PUBLIC FOR ID HO RESIDING AT: `My j C�o +� COMNMOjAR390 YOPUBL�IC7 MY COMMISSION EXPIRES: 3- aO -cQ0' STATE OF IDAHO MY COMMISSION EXPIRES 3128122 ANNEXATION ORDINANCE — BAINBRIDGE FRANKLIN (H 2018-0057) Page 3 of 3 EXHIBIT A Bainbridge Franklin – AZ (H-2018-0057) Legal Description Meridian City Council Meeting Agenda August 20, 2019 – Page 75 of 96 EXHIBIT B Bainbridge Franklin – AZ (H-2018-0057) Exhibit Map Meridian City Council Meeting Agenda August 20, 2019 – Page 76 of 96 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1839 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land located in the NW 1/4 of the NE 1/4 of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 3.68 acres more or less. Also, these parcels are 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 Bro,��iway Avenue, Meridian, Idaho. This ordinance o me effective on the 4-u day of 'V' 52019. QQ° c�sT C.1ty of w C.�VI E IDIAN.. IpA110 City eri SEAL Mayor and C Council By: Chris Johnson, City ClerkFRo,r,,o,p�agJ��a First Reading: '�-' 2 C) " tq Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES -X NO Second Reading: /Ij fJ� Third Reading: yt kr STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1839 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. 19-1839 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 2d day of �!WU5, , 2019. William. L.M. Nary City Attorney ORDINANCE SUMMARY - BAINBRIDGE FRANKLIN (H-2018-0057) CIDIAN*,----- �wlIZ�J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 9 6 Item Title: Ordinance No. 19-1840 An Ordinance Amending Title 4, Chapter 1, Sections 8(C)(3)(B), of the Meridian City Code, Regarding Wheeled Cart Collection Placement Meeting Notes: 70 I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1840: An Ordinance Amending T itle 4, Chapter 1, Sections 8 (C )(3)(B ), Of T he M eridian C ity C ode, Regarding Wheeled Cart Collection Placement Standards-L ocation Of P lacement P roviding F or A Waiver Of T he Reading Rules; And Providing An Effective Date. S W A C - cart placement update C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S WA C C art P lacement Ordinance & S ummary Ordinance 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.Weatherly, A drienne Approved 8/14/2019 - 3:15 P M L egal.A lbertson, Michelle Approved 8/15/2019 - 11:49 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 78 of 96 ORDINANCE AMENDING MCC 4-1-8 (C)(3)(B) – TRASH AND RECYCLING WHEELED CART PLACEMENT CITY OF MERIDIAN ORDINANCE NO. 19-1840 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTIONS 8 (C)(3)(b), OF THE MERIDIAN CITY CODE, REGARDING WHEELED CART COLLECTION PLACEMENT STANDARDS-LOCATION OF PLACEMENT PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the City of Meridian and its franchisee have adopted a wheeled cart method for the collection of residential household solid waste and WHEREAS; the location of the wheeled cart has varied between the sidewalk adjacent to the street and the street in front of the residence; and WHEREAS; the City desires to establish a preferred location for all wheeled carts, where practicable, with a secondary location if necessary, and a specified location by the franchisee when necessary; and WHEREAS; the cart placement changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 4, Chapter 1, Section 8 is hereby amended as follows: 4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: C. Collection At Residential Premises: The following provisions shall apply to all residential customers and premises within the city of Meridian: 3. Wheeled Cart Collection Placement Standards: b. Location Of Placement: Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee at the alley or street curb- face, with the handle facing the premises. The wheeled cart shall be at least three feet (3') from any obstruction which may impede automated collection, including, but not limited to, other wheeled carts, low hanging trees or shrubs, parked cars, portable basketball hoops, utility poles, or walls; and ten feet (10') from any mailbox or fire hydrant. In no case shall a wheeled cart be placed more than four feet (4') from the curb-face for collection. Wheeled carts shall be positioned clear of pedestrian and vehicular traffic and shall be clearly visible and accessible to the waste collection personnel at all times. The wheeled cart shall be placed on the roadway with the wheels of the cart against the face of the curb. If there is no way to safely place the wheeled cart in the roadway, then the wheeled cart may be placed at the edge of the curb on the sidewalk. Where a collection truck cannot Meridian City Council Meeting Agenda August 20, 2019 – Page 79 of 96 reasonably access a customer's alley or street curb, franchisee shall designate an accessible location where such customer shall place wheeled carts for collection. If the franchisee designates a specific location for collection then the wheeled cart must be placed in that location. Franchisee personnel shall not be required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety in order to provide collection �WAUB RJ Section 2. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 3. That this ordinance shall be effective September 9, 2019. PASSED by the City Council of the City of Meridian, Idaho, on the2eday of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, on the2rday of August, 2019. APPROVED: OPTED AUG. ATTEST: �Qo 01Y of w �E IDIANI. C -P/1 ! IDAHO j C is s SEAL T olthe TRE ORDINANCE AMENDING MCC 4-1-8 (C)(3)(B) — TRASH AND RECYCLING WHEELED CART PLACEMENT NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1840 An Ordinance Amending Title 4, Chapter 1, Sections 8 (C)(3)(B), Of The Meridian City Code, Regarding Wheeled Cart Collection Placement Standards -Location Of Placement Providing For A Waiver Of TheVIR4 s And Providing An Effective Date. Qo � City oA4'eridri Mayor and C' ouncil s� SEAL By: Chris Johnson, City Clerk °�ti, FR of the TREP First Reading: '�,2_0 -IC,, Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second eading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1840 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. 19-1840of 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 ?eday of August, 2019. William L.M. Nary, City Attorne ORDINANCE AMENDING MCC 4-1-8 (C)(3)(B) - TRASH AND RECYCLING WHEELED CART PLACEMENT Cj�/rE IDA*,--.,IN CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 9 C Item Title: Ordinance No. 19-1841 An Ordinance Amending Meridian City Code Section 2-6-3, Regarding Membership and Qualifications for the Meridian Solid Waste Advisory Commission. Meeting Notes: 70 I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Chris J ohnson Estimated Time f or P resentation: 3 miniutes Title of I tem - Ordinance No. 19-1841: An Ordinance Amending M eridian C ity C ode S ection 2- 6-3, Regarding M embership and Q ualifications for the M eridian S olid Waste Advisory C ommission; and P roviding an E ffective D ate. S W A C membership ordinance update C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S WA C membership update ordinance & summary Ordinance 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.Weatherly, A drienne Approved 8/14/2019 - 3:20 P M L egal.A lbertson, Michelle Approved 8/15/2019 - 11:48 A M Meridian City Council Meeting Agenda August 20, 2019 – Page 82 of 96 CITY OF MERIDIAN ORDINANCE NO. 19-1841 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-6-3, REGARDING MEMBERSHIP AND QUALIFICATIONS FOR THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to its authority under Meridian City Code section 2-6-2 to review and recommend to the Mayor and the City Council rules, regulations, policies, and fees related to improving the orderly and efficient administration of the City's solid waste collection system, the Solid Waste Advisory Commission ("SWAC"), pursuant to its vote on August 20, 2019, recommends that the membership of SWAC be updated to increase representation by solid waste and recycling industry experts; and WHEREAS, the City Council of the City of Meridian finds that implementing this recommendation will further SWAC's efficiency and knowledge in fulfilling its duties; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 2-6-3 shall be amended as follows: All members of the Solid Waste Advisory Commission shall have a demonstrated interest, competence, or knowledge in recycling and solid waste management. Commission membership shall be selected from the following groups: One member Up to two (2) members may be an industry experts, who may or may not that deer not reside in the City of Meridian; one Meridian resident shall be under eighteen (18) years of age at the time of appointment to represent youth; and all remaining members shall be Meridian residents. There shall be two (2) nonvoting ex officio members made up of a representative from the Meridian City Council and a representative of the current solid waste franchisee. Section 2. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this_day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, thisday of August, 2019. APPROVED: Tammy de Weerd, Mayor �QpFtATEDq` ATTEST: C,r� ur �. IDIA .. -h J son, City Clerk SEAL ORDINANCE AMENDING MCC § 2-6-3, REGARDIN94&W'ERSHIP AND QUALIFICATIONS FOR SWAC NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1841 An ordinance amending Meridian City Code section 2-6-3, regarding membership and qualifications for the Meridian Solid Waste Advisory Commission; and providing an effective date. 1 4510 _3_� ;. City of(Merridi Mayor and Ci ouncil By: Chris Johnson, City Clerk �r ('Ily OF o w E AM - rs��+8 SEAL First Reading: �- - 2U -1k Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES O Second Reading: 'ti 1_\ Third Reading: to STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1841 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. 19-1841 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 August, 2019. Lx �-I,J 777�)_ William L.M. Nary, City Attorney ORDINANCE AMENDING MCC § 2-6-3, REGARDING MEMBERSHIP AND QUALIFICATIONS FOR SWAC C/rE IDIZN1IA,-----DAHO CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 9 D Item Title: Ordinance No. 19-1842 An Ordinance Amending Meridian City Code Section 9-1-16, Regarding connection to City Water System outside City Limits Meeting Notes: 0 I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: Caleb Hood, War r en S tewart Estimated Time f or P resentation: 1 minute Title of I tem - Ordinance No. 19-1842: Amending M eridian C ity Code S ection 9-1-16, Regarding C onnection to City Water S ystem Outside C ity L imits; Amending M eridian C ity C ode S ection 9-4-26, Regarding C onnection to C ity Sewer System Outside C ity L imits; and Providing an Effective Date. C ouncil Notes: I ncorporating changes discussed at J uly 16, 2019 City Council meeting. AT TAC HM E NT S: Description Type Upload D ate Connection Ordinance Cover Memo 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.Weatherly, A drienne Approved 8/14/2019 - 5:59 P M L egal.B aird, Ted Approved 8/15/2019 - 3:22 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 85 of 96 ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 1 OF 5 CITY OF MERIDIAN ORDINANCE NO. 19-1842 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26, REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, while connection of properties outside City limits to the City water and sewer system is sometimes requested due to circumstances that are emergent, unforeseen, and/or beyond the control of the property owner, connection is sometimes requested on the grounds that a property outside City limits wishes to change the use of the property to one which requires water and sewer capacity that cannot be met by available septic and well infrastructure, but can only be met by municipal services; and WHEREAS, the former circumstances present exigent public health concerns and it is in the best interest of the public health, safety, and welfare to provide City water and sewer services, which need can best be met by the Public Works Department; and WHEREAS, the latter circumstances do not present public health concerns, but describe the voluntary development of a property that will likely be annexed into the City in the future, in which event the concerns presented include whether the proposed new use is consistent with the City’s comprehensive planning, land use, and specific use standards, which analysis can best be completed by the Planning Division of the Community Development Department; and WHEREAS, for these reasons, the City Council of the City of Meridian seeks by this ordinance to establish a separate process for connecting City water and sewer services to properties depending on whether the connection outside City limits will meet an emergency need, or facilitate a voluntary change of use of the property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 8-1-1 shall be amended by the addition of language as follows: 9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS: In order to obtain municipal water system service to a property which is either partially or entirely outside of the corporate City limits, one of the following processes shall apply: A. Where the request to connect to the City water system is due to exigent circumstances, and no change of use of the property is requested: 1. The owner of such property shall submit to the public works department a written request to connect to the City water system. The written request shall include the name and address Meridian City Council Meeting Agenda August 20, 2019 – Page 86 of 96 ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 2 OF 5 of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. B.2. The public works director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The public works director or designee shall review the findings and recommendations with the requestor for comment. The public works director shall then submit the property owner’s request and comments, and the department’s written recommendation, to City council. C.3. City council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic water service outside the City limits, in which the owner shall agree: 1. a. To comply with the City’s ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; 2. b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; 3. c. To annexation into the City of the parcel(s) connected to the City water system, either immediately or when contiguous to City limits; and 4. d. Other reasonable conditions of granting the request to connect to the City water system. B. Where the request to connect to the City water system is due to a proposed change of use of the property, or due to a proposed expansion or intensification of the current use of the property: 1. The owner of such property shall submit to the Public Works Department a written request to connect to the City water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the proposed new, expanded, or intensified use necessitating the requested service. 2. The Public Works Director or designee shall convene City staff representing the Community Development Department, Fire Department, Police Department, and Parks and Recreation Department to review the circumstances presented by the request. City staff may request additional information or documentation such as that typically required for development or annexation, and may establish conditions of connecting to the City water system. The Public Works Director or designee shall submit to City Council the property owner’s request, staff’s written findings and recommendations regarding whether to allow the proposed connection, and recommended conditions of connection. 3. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic water service outside the City limits, in which the owner shall agree: a. To comply with the City’s ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; c. To apply for annexation into the City of Meridian of the parcel(s) connected to the City water system, either within thirty (30) days of connection to the City water system, if the property is eligible for annexation upon connection, or within thirty (30) days of the property becoming eligible for annexation; d. That the City may terminate water service to the property if the property owner does not timely apply for annexation as set forth in this section; and Meridian City Council Meeting Agenda August 20, 2019 – Page 87 of 96 ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 3 OF 5 e. Other conditions of granting the request to connect to the City water system. Section 2. That Meridian City Code section 9-4-26 shall be amended as follows. 9-4-26: CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; SPECIAL CHARGES; SEWER INSPECTIONS FEE; SEPTIC TANK WASTE DUMPING FEE: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to a property which is either partially or entirely outside of the corporate City limits, one of the following process shall apply: 1. Where the request to connect to the City sewer system is due to exigent circumstances, and no change of use of the property is requested: a. The owner of such property shall submit to the public works department a written request to connect to the City sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. 2. b. The public works director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The public works director or designee shall review the findings and recommendations with the requestor for comment. The public works director shall then submit the property owner's request and comments, and the department's written recommendation, to City council. 3. c. City council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic sewer service outside the City limits, in which the owner shall agree: a. 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; b. 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewer system; c. 3. To annexation into the City of the parcel(s) connected to the City sewer system, either immediately or when contiguous to City limits; and d. 4. Other reasonable conditions of granting the request to connect to the City sewer system. 2. Where the request to connect to the City sewer system is due to a proposed change of use of the property, or due to a proposed expansion or intensification of the current use of the property: a. The owner of such property shall submit to the public works department a written request to connect to the City sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the proposed new, expanded, or intensified use necessitating the requested service. b. The public works director or designee shall convene City staff representing the Community Development Department, Fire Department, Police Department, and Parks and Recreation Department to review the circumstances presented by the request. City Meridian City Council Meeting Agenda August 20, 2019 – Page 88 of 96 staff may request additional information or documentation such as that typically required for development or annexation, and may establish conditions of connecting to the City sewer system. The public works director or designee shall submit to City council the property owner's request, staff's written findings and recommendations re ag rding whether to allow the proposed connection, and recommended conditions of connection. c. City council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic sewer service outside the City limits, in which the owner shall agree. 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewersystem, 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewers stem; 3. To apply for annexation into the City of Meridian of the parcel(s) connected to the City sewer system, either within thirty(30) days of connection to the City sewer system, if the propg1ty is eligible for annexation upon connection, or within thirty (30) days of the property becoming eligible for annexation, 4. That the City may terminate sewer service to the property if the proppLty owner does not timely apply for annexation as set forth in this section; and 5. Other conditions ofrg antin the request to connect to the City sewers spm. B. Sewer Line And Facility Inspection Fee: A fee shall be established and charged for inspection of sanitary sewer lines and facilities installed by any entity other than the City of Meridian. The fee shall be approved by the City council. C. Septic Tank Waste Dumping Fee: A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City council. Section 3. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of PT , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this -L)+hof 2019. APPROVED: _t,��° Pu" r'•TEST: oIr z oo oQ Tan Weer , ayor �� ' " Chris Jobe,City L F OFhT�R or thein ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1842 An ordinance amending Meridian City Code section 9-1-16, regarding connection to City water system outside City limits; amending Meridian City Code section 9-4-26, regarding connection to City sewer system outside City 1' ' • and providing an effective date. �A AUGUST Oho '• 0( First Readin d Z© •) � Adopted after first reading by suspension of the rule as allowedp ursuant to Idaho Code City o Me ' an '.yam, , S -�`' § 50-902: YES__I,>' NO Mayor and ity Councilorme"y Second Reading: By: Chris Johnson, City Clerk Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1842 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. 19-1842 of the City of Meridian, Idaho, and has found the summary of same to be true and complete and to provide adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this 2.0t'� day of POJ2019. William L.M. Nary, City Attorn ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 5 OF 5 EIDIAN*,- CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 9 E Item Title: Ordinance No. 19-1843 An Ordinance for Oakmore Subdivision (H-2019-0118) for a Rezone of a parcel of land. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.E . Presenter: Chris J ohnson Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1843: An Ordinance (H-2018-0118 Oakmore S ubdivision) For Rezone Of A P arcel Of Land L ocated In T he NE ¼ Of Section 28, Township 4 North, Range 1 West, Boise M eridian, Ada C ounty, Idaho; Establishing And Deter mining T he L and Use Zoning C lassification From R-15 (M edium-High Density Residential) Zoning D istrict To R-4 (M edium L ow Density Residential) Zoning D istrict In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required By L aw; And Providing F or A S ummary O f T he Ordinance; And Providing F or A Waiver Of T he Reading Rules; And P roviding An E ffective D ate. Oakmore Sub A nnexation Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O akmore S ubdivision A nnexation O rdinance Ordinance 8/14/2019 O ajnore Sub Summary Ordinance 8/14/2019 O akmore S ub - Exhibit A E xhibit 8/14/2019 O akmore - Exhibit B E xhibit 8/14/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 8/15/2019 - 3:50 P M L egal.A lbertson, Michelle Approved 8/15/2019 - 3:55 P M Meridian City Council Meeting Agenda August 20, 2019 – Page 91 of 96 ADA COUNTY RECORDER Phil McGrane 2019-077114 BOISE IDAHO Pgs=5 NIKOLA OLSON 08/21/2019 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1843 BY THE CITY COUNCIL: BERNT, i , R PALMER, R ROBERTS ; AN ORDINANCE (H-2018-0118 OAKMORE SUBDIVISION) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE NE % OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICT TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: New Oaks, LLC. SECTION 2. That the above-described real property is hereby re -zoned R-15 (Medium High Density Residential) Zoning District to R-4 (Medium Low Density Residential) 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 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 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. RE -ZONE ORDINANCE — OAKMORE SUBDIVISION - H-2018-01.18 PAGE 1 OF 2 Meridian City Council Meeting Agenda August 20, 2019 — Page 92 of 96 SECTION 8. The Cleric 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 %day of_' V -*t I I el -1-, 2019. �AP'ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this LU day of In 1 2019. YOR TAMY1Vde WEERD STATE OF IDAHO, ) ) ss: County of Ada ) ,Nt On this day ofA2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WIWIUand 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. Ch&dkm W(PA= — ( AL) CHARLENE WAY Notary Public I aho COMMISSION N6739Q Residing At: o NOTARY PUBIC My Commission Expires: STATE OF IDAHO A E OF IDA MY COMM SSION EXPIR S 3128/22 RE -ZONE ORDINANCE - OAKMORE SUBDIVISION - H-2018-0118 PAGE 2 OF 2 Oakmore Subdivision H-2019-0118 Legal Description Zoning Boundary EXHIBIT A Meridian City Council Meeting Agenda August 20, 2019 – Page 95 of 96 Oakmore Subdivision H-2019-0118 EXHIBIT B Meridian City Council Meeting Agenda August 20, 2019 – Page 96 of 96 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1843 PROVIDING FOR RE ZONING ORDINANCE An Ordinance (H-2018-0118— Oakmore Subdivision) For Rezone Of A Parcel NE 1/4 Of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains 7.39 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As 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 Avpue, Meridian, Idaho. This shall become effective on the �-Y—day of 'J 52019. 10 2 (.ity or (E IDIS IAN'S' IDAHO City o Mer' i s� SEAL Mayor and City CoWeil °Fyr By: CSS Jbh")S Q') , Cl T, First Reading: r Z0 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ NO Second Reading: n� Third Reading: 1') STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1843 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 -1843 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 21 � day of Ai4i aj= 32019. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- OAKMORE SUBDIVISION — H-2018-0118 PAGE 1 CjI DA IDIAN- W,IZ± HO CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 10 Project File Name/Number: Item Title: Future Meeting Topics Meeting Notes: (1, �/rE IDIAN*,----IZ �J CITY COUNCIL REGULAR MEETING AGENDA August 20, 2019 Agenda Item Number: 11 Item Title: Executive Session Amending on to Agenda Per Idaho State Code 74-206(1)(d) Meeting Notes: