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HomeMy WebLinkAbout2004 04-06CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m, City Council Chambers ROII-call Attendance: Shaun Wardle Charlie Rountree �X Bill Nary Mayor TamKeith Bird m 2. Pledge of Allegiance: y de Weerd 3• Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4• Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: Presented 5. Adoption of the Agenda: Approve 6• Consent Agenda: A. a C. A E. Approve minutes of February 24, 2004 City Council Regular Meeting: Approve Approve minutes of March 9, 2004 City Council Regular Meeting: Approve Approve minutes of March 16, 2004 City Council Regular Meeting: Approve Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler lDealy Parcel) b Architects — southeast corner of East Ustick Road and North Eagle Road: —�. Y SRS 9 Tabled from March 23, 2004: Findings of Fact Conclusions of Law for Approval: AZ 03-021 reconsideration for annexation and zoning and es from RUT to R-8 P Request for ( D) and C -G zones for proposed Recife therrEstat s All materials Meridian City Council Agenda —April 6, 2004 Pa Presented at pubfic meetings shall become ge 1 of 7 Anyone desiring accommodation for disabifities related opdocuments the an of please contact the City Clerk's office at 888-4433 at least 48 hours a Meridian: and/or hearing prior [o the public meeting, Subdivision No. 2 by Packard Estates Development, LLC — south Of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 G. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C -G zone for Sparrowhawk Subdivision by David Waldron — northeast corner of North Nola Road and East Franklin Road: Approve I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron — northeast comer of North Nola Road and East Franklin Road: Approve J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C- G zone as required by the Final Plat for Mallane Professional north of East Fairview Avenue: Approve Offices by Thomas R. Williams — south of North Hickory Way and K. Findings of Fact and Conclusions of Law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridae Subdivision by Capital Development -2205 East McMillan Road: Approve Meridian City Council Agenda—April 612004 Page of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. L. Findings of Fact and Conclusions of Law for Approval: PP 03. 041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a Proposed R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: Approve M. Findings of Fact and Conclusions of Law for Approval: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: Approve N. Findings of Fact and Conclusions of Law for Denial: PP 03. 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L -O zone for proposed Roundtree Subdivision by Rennison Engineering — north of West Pine Avenue and east of North Linder Road: Approve O. Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L -O zone for proposed Roundtree Subdivision by Rennison Engineering —north of West Pine Avenue and east of North Linder Road: Approve P. Q. R. S. T. U. V. W. X. Resolution No. 04-429 : Computer Surplus Resolution: Streetlight Agreement for Lochsa Falls #4: Approve Streetlight Agreement for Lochsa Falls #5: Approve Streetlight Agreement for Lochsa Falls #6: Approve Streetlight Agreement for Project 1: Approve Franklin Road Re -Build Project — Sewer and Water Change Order Authorization: Approve Victory Road Construction Change Order for Irminger Construction: Approve Victory Road Design Change Order for Civil Survey: Approve Well 20B Design Contract with CH2MHILL: Approve Meridian City Council Agenda — April 6, 2004 Page 3 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Y. Well #20B Oversight with Hydro Logic: Approve Z. Lift Station SCADA Installation with Custom Electric: Approve AA. Scoping Study - WWTP Backup Power Main Feed with DC Engineering: Approve BB. Well 26 Design and Construction Services with Civil Engineering: Approve CC. Well 26 Test Well Oversight with Hydro Logic: Approve DD. Well No. 15 Rehabilitation: Approve EE. Sanitary Sewer Main Easement for Victory 41, LLC (Observation Point Lot 2 / Block 2: Approve FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: Approve GG. Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Ban: L. Bryson: Approve HH. Award of Bid -- Ashford Greens Lift Station Portable Emergency Power System Procurement: Approve II. Installation of Security Enclosures for Test Wells with Hydro Logic: Approve JJ. Update Proposal / Agreement for City of Meridian Program and Space Needs Analysis: Approve KK. Tabled from March 23, 2004: Development Agreement: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C -G zones for Kissler / Cobbs / Eaav / Ruwe by BRS Architects — southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No. 2: Approve MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: Approve Meridian City Council Agenda — April 6, 2004 Page 4 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: Approve 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: Approve PP. Beer. Wine. and Liauor License Renewals: Approve Kahootz Pub & Eatery —Beer & Wine Winco Foods — Beer & Wine Rite Aid — Beer & Wine Johnny Carino's — Beer & Liquor Albertson's #164 — Beer & Wine Albertson's #180 — Beer & Wine QQ. Approve Bills: Approve 6. Department Reports: A. Mayors Office: Employee Awards for Service Program: Program will be presented later 2. Board of Appeals: Appoint Gary Smith 3. Proposed Membership Dues for COMPASS FY2005: Ok 4. Discussion of date and budget for summer staff event: Approve up to $1,500.00 budget 6-12-04 7. (Items Moved from Consent Agenda) 8. Tabled from March 16, 2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC — 1115 North Ten Mile Road: Approve 9. FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres in an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction, Inc. — east of South Locust Grove Road and north of East Victory Road: Approve 10. FP 04-018 Request for Final Plat approval of 30 single-family residential building lots and 9 common lots on 20.89 acres in a R-4 (PD) zone for Bridgetower Crossing Subdivision No. 6 by Primeland Development, Meridian City Council Agenda — April 6, 2004 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. LLP — south of West McMillan Road and east of North Ten Mile Road: Approve 11. Public Hearing: VAC 04-002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. — south of West Franklin Road and east of South Linder Road: Attorney to prepare findings of fact and conclusions of law for approval 12. Public Hearing: MI 04-001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton — 220 East Fairview Avenue: Attorney to prepare findings of fact and conclusions of law for denial 13. Public Hearing: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC — west of North Black Cat Road and south of West Ustick Road: Attorney to prepare findings of fact and conclusions of law for approval 14. Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: Attorney to prepare findings of fact and conclusions of law for approval 15. Public Hearing: PP 04-001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: attorney to prepare findings of fact and conclusions of law for approval 16. Public Hearing: CUP 04-002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C -C zone for Farmers and Merchants State Bank by CSHQA — southwest corner of East Overland Road and South Eagle Road: Attorney to prepare findings of fact and conclusions of law for approval 17. Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C -G zones for Equity Benefits by Equity Benefits, LLC — 2540 East Franklin Road: Attorney to prepare findings of fact and conclusions of law for approval 18. Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C -G zone for Meridian City Council Agenda — April 6, 2004 Page 6 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 88 8-443 3 at least 48 hours prior to the public meeting. Boise West R.V. Resort by Aaron C. Hoeft — 184 West Pennwood: Attorney to prepare findings of fact and conclusions of law for approval 19. Ordinance No. 04-1073 : AZ 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossing Subdivision No 2 by Initial Point, LLC — 1295 West McMillan Road: Approve 20. Tabled from March 23, 2004: Ordinance No. 04-1074 AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C -G zones for Kissler / Cobbs I Eagv / Ruwe by BRS Architects — southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve 21. Water, Sewer, & Trash Delinquencies: Approve Meridian City Council Agenda — April 6, 2004 Page 7 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Aaril 6 2004 The regular meeting of the Meridian City Council was called to order at 7:28 P.M. Tuesday, April 6, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, Gary Smith, Doug Strong, Joe Silva, Diane Stewart and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X De Weerd: Okay. I will go ahead and Tuesday, April 6. It is after 7:00 and sin( believe. I should have worn my glasses. pleasure is see our Council Chambers people concerned about what might be more important celebration, we have the team with us today and after we call roll call roll. Item 2: Pledge of Allegiance: X Bill Nary X Keith Bird Mayor Tammy de Weerd call the regular meeting for City Council. It's e I can't read the clock from here -- it's 7:20, 1 1 would like to welcome everyone here. It's a full and tonight it's full not because there is being built in their backyard, but we have a Cole Valley Christian School boys basketball I will read a proclamation. Mr. Clerk, will you De Weerd: Thank you. We will open with our pledge of allegiance and I do believe that one of the members of the basketball team will lead us in the pledge. Item 3: Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: De Weerd: Thank you very much. Item number three is the community invocation and we will ask Mark Wood to please join us. He is the superintendent of the Cole Valley Christian School. Wood: Thank you, Mayor. Let's pray. Almighty God and Father, we come before you this evening grateful for our wonderful city, its leaders and its people. We are citizens truly blessed by your hand and we offer our thanks for the beauty, the peace, and the prosperity you have so graciously provided. You have given Meridian magnificent leaders and they will be about the city's business this morning. We pray for the Honorable Tammy de Weerd, Mayor of Meridian, that you grant her grace and strength and wisdom. We ask the same for the Council members, the Honorable Charlie Meridian City Council April 6, 2004 Page 2 of 68 Rountree, Keith Bird, Bill Nary, and Shaun Wardle. Please watch over and care for these leaders and their families as they serve you and the City of Meridian. We thank you also, Father, for this opportunity for Cole Valley Christian Schools to be recognized by the City of Meridian. We praise you for the members of the basketball squad who led our school to a state championship, for the cheerleaders who led our fabulous fans in support of their team, and for the coaches who put their hearts and lives into these spectacular young people. May we never forget that every good thing comes from you and may we always remember to be grateful for your love and for your grace, in Jesus name we pray, amen. Item 4: Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: De Weerd: Thank you. If some of you are new here tonight, we have added the pledge and the community invocation. We have asked the faith community to get involved with the city and this is one of their ways of being involved and we have asked all faiths to be recognized and participate in this part of our agenda and certainly we don't want to offend any of our citizens, but this is a time to reflect on the issues we have in front of us and to keep things in perspective. So, I appreciate you being here again tonight. I do have a proclamation to read. Whereas the City of Meridian commends the Cole Valley Christian School's Boys Varsity Basketball Team for having an outstanding season and whereas this team has provided a positive impact on our community and whereas it is important that this team recognizes or receives recognition for their effort and continuing contributions and whereas the Mayor and City Council of the City of Meridian acknowledges the accomplishments of this team and their supporters, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, to hereby proclaim Wednesday, April 7th, 2004, as Chargers Day in recognition of the Cole Valley Christian Schools Boys Varsity Basketball Team Chargers as A-1 state basketball champions for 2003-2004 and urge all citizens of this community to acknowledge their special accomplishment, dated this day the 6th of April 2004. Congratulations to the Chargers and you have done our community proud. If the coach will please come forward. I would appreciate it if you could recognize each of your basketball players. Also certainly your coaches and, you know, those cheerleaders that led your spirit support in cheering on your team as well. Carr: This is Cody Nuttall. Brian Rallens. Erik Falconer. Josh Emerson. Nick Davidson. Craig Hawkins. Carson Russell. Stan Akkerman. JP Sacht. Garrett Yocum. Devin Doubleday. Mike Murach. Nicole, Amanda, and Lacey. And I have my assistant coaches Matt Beglinger and Cal Emerson. De Weerd: I will present you with this and also we would like to offer you a pin of our city. Thank you for coming. Nary: Coach, I know you took a banner ahead of time, but I don't know that everybody else in the audience saw both your banner and the trophy. I don't know if you wanted everyone to be able to see that before you folks were done. Mr. Wood, did you have Meridian City Council April 6, 2004 Page 3 of 68 anything else you wanted to add? Wood: We appreciate the opportunity and just thank you for honoring these young men and these young ladies and some of them that are just a little bit older, we are grateful, we are happy to be a part of the City of Meridian and to be smack in the downtown section. You continue to do a great job of making this a wonderful place to live and we appreciate being here. So, thanks again for this opportunity. Nary: Thank you. Bird: Thank you for your representation of us. Item 5: Adoption of the Agenda: De Weerd: What a great way to start a meeting off. Okay. We have item number five, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the agenda as published. Rountree: I'll second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. There was an e-mail to defer one of the items -- Bird: On Redfeather. De Weerd: On what? Redfeather. Bird: But that's on Consent, which I thought we'd take care of there at that point, if that's okay with you, Madam Mayor. De Weerd: Okay. Yes. Okay. All those in favor of adopting the agenda as presented say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeting: B. Approve minutes of March 9, 2004 City Council Regular Meeting: Meridian City Council April 6, 2004 Page 4 of 68 C. Approve minutes of March 16, 2004 City Council Regular Meeting: D. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Dealt/ Parcell by BRS Architects — southeast corner of East Ustick Road and North Eagle Road: E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PD) and C -G zones for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Eagle Road: F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Eagle Road: G. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Eagle Road: H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C -G zone for Sparrowhawk Subdivision by David Waldron — northeast corner of North Nola Road and East Franklin Road: I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron — northeast comer of North Nola Road and East Franklin Road: Meridian City Council April 6, 2004 Page 5 of 68 J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C- G zone as required by the Final Plat for Mallane Professional Offices by Thomas R. Williams — south of North Hickory Way and north of East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: L. Findings of Fact and Conclusions of Law for Approval: PP 03- 041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: N. Findings of Fact and Conclusions of Law for Denial: PP 03- 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L -O zone for proposed Roundtree Subdivision by Rennison Engineering — north of West Pine Avenue and east of North Linder Road: O. Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L -O zone for proposed Roundtree Subdivision by Rennison Engineering — north of West Pine Avenue and east of North Linder Road: P. Resolution No. Computer Surolus Resolution: Q. Streetlight Agreement for Lochsa Falls #4: R. Streetlight Agreement for Lochsa Falls #5: S. Streetlight Agreement for Lochsa Falls #6: Meridian City Council April 6, 2004 Page 6 of 68 T. Streetlight Agreement for Project 1: U. Franklin Road Re -Build Project — Sewer and Water Change Order Authorization: V. Victory Road Construction Change Order for Irminger Construction: W. Victory Road Design Change Order for Civil Survey: X. Well 20B Design Contract with CH2MHILL: Y. Well #20B Oversight with Hydro Logic: Z. Lift Station SCADA Installation with Custom Electric: AA. Scoping Study — WWTP Backup Power Main Feed with DC Engineering: BB. Well 26 Design and Construction Services with Civil Engineering: CC. Well 26 Test Well Oversight with Hydro Logic: DD. Well No. 15 Rehabilitation: EE. Sanitary Sewer Main Easement for Victory 41, LLC (Observation Point Lot 2 / Block 2: FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: GG. Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Bart L. Bryson: HH. Award of Bid -- Ashford Greens Lift Station Portable Emergency Power System Procurement: II. Installation of Security Enclosures for Test Wells with Hydro Logic: JJ. Update Proposal / Agreement for City of Meridian Program and Space Needs Analysis: KK. Tabled from March 23, 2004: Development Agreement: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from Meridian City Council April 6, 2004 Page 7 of 68 RT to C -G zones for Kissler / Cobbs / Eagv / Ruwe by BRS Architects — southwest corner and southeast corner of North Eagle Road and East Ustick Road: LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No. 2: MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: PP. Beer. Wine. and Liquor License Renewals: Kahootz Pub & Eatery — Beer & Wine Winco Foods — Beer & Wine Rite Aid — Beer & Wine Johnny Carino's — Beer & Liquor Albertson's #164 — Beer & Wine Albertson's #180 — Beer & Wine QQ. Approve Bills: De Weerd: Item number six is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Items E, D and F, the Redfeather Estates would like to be tabled to April 13th, 2004. Rountree: E, F and G. Bird: Yes. E, F and G. With that I would make a motion that we approve the Consent Agenda as noticed and for the Mayor to sign and the clerk to attest on all proper papers. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council April 6, 2004 Page 8 of 68 Nary: Oh. Second. I'm sorry. I'll second. De Weerd: Okay. Nary: And the resolution, Mr. Bird, is 04-429. Bird: Okay. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayors Office: 1. Employee Awards for Service Program: De Weerd: Okay. Item six is the department reports and it looks like I'm up. I will be coming back with a program to you next week that's fully packaged, but I did want to give you an overview of what you will be seeing next week and invite you to comment in between now and then if you have any items. But in the past we have recognized our employees with longevity and service to our community with a certificate at an annual event. Last year that event didn't happen and we have been talking about how best to recognize these years of service and we have a lot of long-time and long-term employees that we feel would -- does merit -- and usually they are at the end of their pay scale and usually do not participate in any increases. So, I do have a program that will be coming in front of you next week and so you can take a look at that and vote on them. But we will be recognizing, again, employees that sere at the five, ten, 15, 20 and 25 plus year milestones. And so I did want to let you know that that will be coming forth as well. 2. Board of Appeals: De Weerd: Item number two, Board of Appeals. You received in your packet that we do have someone that is appealing a building permit and so I would like to appoint Gary Smith as our Board of Appeals -- that he would be able to appoint that board -- have the authority to appoint that board. We did give you a list of names. Those are those to be considered, but not necessarily a hundred percent. We are kind of looking -- taking a look at the fire line as maybe getting a couple of other names, but at this point I would like to at least grant the authority to our Public Works Director to appoint this board, so we can proceed forward with the appeal. Meridian City Council April 6, 2004 Page 9 of 68 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move that we approve Gary Smith as the head of the Board of Appeal, to appoint of Board of Appeals as needed. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Gary Smith as -- to appointed the Board of Appeals. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 3. Proposed Membership Dues for COMPASS FY2005: De Weerd: Okay. The next item is our membership dues for Compass. Councilman Bird and I will be voting on that at this month's Compass board meeting. I know it is a budget item and generally considered in the budget process, but since we are going to be offering a vote this month, I thought it should be discussed. There is not too much to discuss, since it is going down and so -- that doesn't happen very often. And you have that in your packet as well. And since I didn't get it back and I don't have it on my screen in front of me — you can see that it is going down a couple of thousand dollars. We will be paying 37 cents a person in Meridian. So, if there is any comment that you would like us to pass on, certainly now is the time to let us know. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I never look a gift horse in the mouth, if it's going down, that's fine. Bird: And if you don't disagree, great. De Weerd: Okay. Powell: Madam -- De Weerd: I'm sorry. Anna. Powell: I just wanted to point out that we -- I think this is the first time she's been here. We have our Compass liaison tonight in the audience. Ms. Tricia Nelson is here today, so I think she will be here on a regular basis. Meridian City Council April 6, 2004 Page 10 of 68 De Weerd: Well, great. Well, it's nice having you here, Tricia. Thank you. And you can tell Clair that we are okay with the dues this time. Item 4: Discussion of date and budget for summer staff event: De Weerd: The final item is, again, we did not have our annual Christmas party. We discussed last budget year that it would probably be best done in the summer during a time where perhaps families would have more of an ability to join our staff members and we looked at summer -- a tentative date of June 12th as being considered and I am assuming that was checked with the Parks Department by one of our staff volunteers who will be coordinating and, no, I was not going to give this to you guys to coordinate. Bill Allen, one of our firefighters, has volunteered to pull this event together. He will be contacting the pool as well to see if that can be a part of it and we are looking at a budget between 12 and 15 hundred dollars. Oh, yeah, I think I know someone that might -- Bird: Yeah. I think we know all three of them, Tammy. Rountree: It just takes money. De Weerd: It's for a good cause. Bird: It's a good donation. De Weerd: So, I would like some -- a budget authorized for this event and it's estimated between 12 and 15 hundred dollars. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Are you wanting, I guess, some authorization to go forward now or are you going to bring back more of the particulars and more of a cost? I guess I'm not really sure -- I know we contemplated having this and using some of that money that we had set aside towards employee incentives towards a function like this, so I have no problem with this at all, but do you want an authorization for up to 1,500 or -- De Weerd: I would like an authorization up to 1,500 and I will bring a budget back to you. Nary: Okay. Then I would move that we authorize up to 1,500 dollars for this summer staff party for the employees of the City of Meridian and with a tentative budget to follow. Wardle: Second. Meridian City Council April 6, 2004 Page 11 of 68 De Weerd: Okay. It's been moved and seconded to authorize up to 1,500 dollars and move forward with the summer staff event. Is there any further discussion? All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: (items Moved from Consent Agenda) De Weerd: We had no items moved from the Consent Agenda for Item seven. Item 8: Tabled from March 16, 2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC — 1115 North Ten Mile Road: De Weerd: So, we will move to Item eight, which is tabled from March 16th, 2004, on FP 04-014 for Woodside Creek Subdivision. We will start with staff comments. Powell: Madam Mayor, Members of the Council, staff is recommending approval of this final plat. The plat is in substantial compliance with the approved preliminary plat, but there are -- I do want to point out that this is a little bit -- changed more than we usually see, I'll put it that way. This is the approved preliminary plat. As part of that we did allow them to -- there was an existing house and we allowed the existing house to be in the required landscape buffer. When they actually surveyed the location of the house, it was actually much closer to the right of way than was originally anticipated, so they have decided to remove that house, so they have put the entire landscape buffer in its own lot, which is preferred, but to compensate for the expense of having to remove the house they are making this a larger lot. That doesn't make sense, does it? They had hoped to come back and, then, re -subdivide this one lot. So, they have made it larger. So, what's happened along here is these four lots have become a little bit narrower, as you see here. So, they have been working with staff. We were aware of what they were doing. They do plan on coming in with a combined preliminary/final plat application to re -subdivide this large lot here. In general, staff felt it was the preferred alternative to having the house in the landscape buffer. And that concludes staffs comments. De Weerd: Okay. Did the applicant agree to your staff report or is the application here and would like to comment? Okay. Please state your name and address. Brown: Kent Brown. 1800 West Overland, Boise, Idaho. We have been working with staff and have made those modifications. We feel that this is a lot better configuration with what we have to work with, with the house and hope to soon be back with a preliminary and final with no improvements, because we will have everything done with this plat for that re -subdividing of that. Stand for any questions. De Weerd: Okay. Any questions? Meridian City Council April 6, 2004 Page 12 of 66 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Lot 13 where the current house sits, there will be no access on Ten Mile; is that correct? Brown: That's correct. Rountree: I happened to have driven by this on my way home Saturday and they are doing some work on the site and they are tiling or piping a ditch and my question is has anybody bothered to contact the folks who use that ditch? Careful. Brown: I'm not aware, so the applicant is here and he can maybe speak to that. We have been working with Nampa -Meridian on that I know and have been trying to get that in before the water gets in the ditches. Rountree: Okay. Brown: As I understand in the original application, a neighbor to the north where it says Rod's Parkside Creek, that gentleman did testify at the preliminary plat hearing and wanted to continue to get access to the water. As I understand, he didn't -- wasn't allowed access to the water and that's as much as I know about the ditch. Rountree: Okay. That's kind of what I wanted to hear. Thank you. I do have another question, though, about the ditch. On the edge of Ten Mile where you transition into Rod's Parkside Creek, is that going to be the -- the planting berm and landscape berm going to run into that and what's going to be done with the ditch at that point? Because there is some potential issues there. Brown: I would have to look. Rountree: Okay. Brown: It's just a recent project I have been given. Richard Cook was handling this and. he accepted a job at the county and so -- but I can bring that information back if it's a concern to you. Rountree: That would be helpful. Thank you. De Weerd: Okay. Thank you. Any further questions? Right answers, Kent. Okay. Staff, did you have anything further? Okay. Council? Bird: Madam Mayor? Meridian City Council April 6, 2004 Page 13 of 68 De Weerd: Yes, Mr. Bird. Bird: Hearing no more, I would move that we approve FP 04-014, final plat approval of the changing of Lot 13 for Woodside Creek Subdivision. Rountree: Second. De Weerd: It's been moved and seconded to approve Item number eight. Is there any further discussion? Okay. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres in an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction, Inc. — east of South Locust Grove Road and north of East Victory Road: De Weerd: Thank you. I would like to welcome Troop -- I believe it's 198. That's what I saw on their arms when I welcomed them. But thank you for joining us here. They are here after their merit badge. So, thank you for joining us. Okay. Item No. 9 is FP 04- 017 for Soda Springs Subdivision. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is the final plat for 57 single-family residential lots and ten common lots. The property takes access off of Victory. I did want to point out one error in the staff report. For some reason, the first -- the header got changed on the first page, but not the subsequent pages. Staff is recommending approval of this. It is in substantial compliance with the approved preliminary plat. It's a single-phase subdivision. Here is the preliminary plat and there is the final plat. So, there is, really, very little changes. There were -- Public Works has issues regarding condition number 21. We have met with the developer and I do have a note that says he's in agreement with the conditions of approval. He is not here this evening. And with that I will give it over to Brad. Watson: Madam Mayor and Council Members, the one addition to staff comment number 21 regarding utility drainage and irrigation easements. It's a rather lengthy condition. I would just like to add to the end of that one sentence that states these utility drainage and irrigation easements maybe smaller if agreed to in writing by Nampa - Meridian Irrigation District and that's it. And I did speak with the developer. He had to leave for Kuna tonight and he was okay with that statement. De Weerd: Thank you, Brad. Any questions for staff? Okay. I would entertain a motion. Wardle: Madam Mayor? Meridian City Council April 6, 2004 Page 14 of 68 De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, FP 04-017, final plat for Soda Springs Subdivision, to include all staff comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9, FP 04-017. Any further discussion? I will go ahead and call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: FP 04-018 Request for Final building lots and 9 common Bridgetower Crossing Subc LLP — south of West McMillan Plat approval of 30 single-family residential its on 20.89 acres in a R-4 (PD) zone for !vision No. 6 by Primeland Development, Road and east of North Ten Mlle Road: De Weerd: Okay. Item No. 9 is done. Item 10 is FP 04-018 for Bridgetower Crossing Subdivision No. 6. Anna. Powell: Madam Mayor, Members of the Council, this is a final plat for 30 lots. It is the sixth phase of Bridgetower and the preliminary plat is shown in the red circled area and I want to point out while we are here, this is the proposed site for the new school and the preliminary plat is, as you see, in substantial compliance with the -- I mean the final plat is in substantial compliance with the approved preliminary plat. I realized at a late hour that we didn't have the second sheet associated with this plat for you on the presentation. I apologize for that. The road does continue for a bit to provide access to that school site. So, it -- right now it's going up to about here and it actually extends to here, so that there is access to that school site. Staff is recommending approval. It is in substantial compliance, as I said, with the approved preliminary plat. I do not have a letter from the applicant regarding -- oh, she's nodding that they are in agreement with the conditions of approval. I'm sorry. There is a letter. I apologize. De Weerd: Okay. So, the applicant is in agreement. Thank you. Bird: Make her come up and state that. De Weerd: Council, would you like to confirm that verbally on the record. No, you don't have to. We are just giving you a hard time. Stiles: We will comply. Meridian City Council April 6, 2004 Page 15 of 68 De Weerd: Council, do you have any questions for staff or the applicant? Thank you. I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, FP 04-018, final plat for Bridgetower Crossing Subdivision No. 6. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 10. And just for the record, everyone in our audience, we try and give all of our former employees a hard time when they are in front of us. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: VAC 04-002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. — south of West Franklin Road and east of South Linder Road: De Weerd: Thank you. Okay. Item No. 11. We do enter our public hearing process — on all of our public hearings we do have an ordinance that requires us to ask those that are willing to -- willing -- willing and asked to provide public testimony to, please, participate in a swearing-in process. Those that are wishing to provide testimony tonight in this public hearing process, if you will, please, raise your right hand. Is testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, say I do. (Affirmative answers.) De Weerd: Thank you. And I would like to also recognize our visitor from Troop 1 and welcome you to the City Council meeting tonight, too. It's a pleasure to have you. Okay. So, I will start -- I will open the Public Hearing on VAC 04-002 Scottsdale Subdivision with staff comments. Powell: Madam Mayor, Members of the Council, this is a vacation request. The property is just south of Franklin. It has access on Alden and Southwest 8th Streets as shown there and there. The lines you see before you are the original platted lines. This was originally done as a commercial plat and has been subsequently approved as a residential plat. When they went to record the residential plat or the re -subdivision, the Meridian City Council April 6, 2004 Page 16 of 68 county engineer requested -- required that they go back and vacate all the easements that were part of the original commercial plat. So, that's what's being requested for vacation this evening and they did need to go through the same process. They have been before the Planning and Zoning Commission, who has recommended approval and it's before you tonight and staff is also recommending approval of their vacation request. De Weerd: Thank you. Powell: There are no utilities in the easements. De Weerd: Okay. Is the applicant here on this item? Do you have any testimony you would like to provide? Okay. The applicant agrees. Are there any questions for the applicant or the staff members? Okay. Is there anyone else in the audience who would like to provide testimony on this item? Okay. Hearing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item No. 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve VAC 04-002, vacation of easements for Scottsdale Subdivision. Bird: Second. De Weerd: It's been moved and seconded to approve Item No. 11, VAC 04-002. Is there any further discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 6, 2004 Page 17 of 68 Item 12: Public Hearing: MI 04-001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton — 220 East Fairview Avenue: De Weerd: Okay. Item 12, a Public Hearing MI 04-001, for a Tara Gorton. I will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, I was just surprised to find out we didn't have a vicinity map. I'm sorry. This property is located off of Fairview Avenue about 500 feet west of -- or east of Main Street. North is going that way. There we go. I'm sorry. I'm having a hard time getting oriented today. As you know, we don't usually bring temporary uses to you. You decided -- I believe it was two or three weeks ago to consider temporary uses as a miscellaneous application and that's why we are here tonight. The applicant has requested a day care and on -- for this -- she's asking for the temporary use for this property as a day care while the Conditional Use Permit is being processed. She does have the Conditional Use Permit application in the works. When we evaluated the site for the temporary use, we used those conditional use standards as the basis for the recommendation, feeling that that would be the best way to provide her information and regarding possible conditions of approval for the day care facility. My mouse isn't working very well today here. The Big -O Tires is right here. It does share a driveway with Big -0 Tires. You come into the property there is -- all this shaded area is asphalt currently. There is an un -striped parking area in -- right toward the front. It looks like it would hold about two and a half cars. There is an entrance here and an entrance here and there is an exit in this area here. Mrs. Gorton is proposing to have a fenced -in play yard right here in this location. There are -- there are three car bays -- repair bays located at the rear of the property. Two of those bays are currently leased to an auto repair service. We have contacted that person regarding the need to get either a certificate of zoning compliance or conditional use approval for that use. They have not done that yet. There is also a for lease sign up for the third bay and for this trailer that's in the back and I believe that this trailer never received official approval under past ownerships. Staff is recommending denial of the temporary use based on a number of safety concerns. And I do have Joe Silva here to -- the fire marshal to talk about some of those concerns. I'll try and go through a few of them. One of the primary issues is just the proximity of the front door to Fairview Avenue. This is the door right here. Actually, you can see it better on this one. There is a door here. There is a door kind of behind the Taurus there and this is Fairview Avenue right there. So, there is not much separation between those doors and the major arterial street. These are the -- as you go around the building, those are the auto bays and that building right there is the office that's in the back. As you see here, there is a swinging gate that closes off a portion of the property. On the site plan -- I'm trying to find the -- this one doesn't show the parking. The one for the Condition Use Permit actually shows the parking. She's proposing two parking spaces here, two here, and I believe three up there. Once she gets that parking in, though, which would just be striped parking on the asphalt, there is not sufficient clearance to get emergency vehicles up there, so you can't get a fire truck, you can't get a garbage truck, you can't really get anything. There is not a sufficient distance between the parked vehicles to get a vehicle -- or emergency vehicle to the Meridian City Council April 6, 2004 Page 18 of 68 rear of the site and, then, there is no designated turnaround area once they are at the rear of the property. I'm just going to go through some of the other slides. This is the area -- this fence would be kind of the back of the fenced -in area for the children. So, this material would be on the other side of the fenced -in yard. That fenced -in area is right here. This is the drive-thru for the Burger King on the other side. They have agreed to -- there is currently a three-foot fence. They would put up a non -climbable six- foot fence in that area. But the problem is there is an exit -- and I'm just trying to summarize some of chiefs -- Fire Marshal Silva's concerns. There is a fire exit out there that's an important secondary exit for the property, but the kids would be penned in this area. So, there needs to be a way for those children to get out, so this gate would have to be unlocked. And, then, once they get past this gate, though, there is a lot of equipment that may not be appropriate for small children to be trying to get past in the event of a fire. This is the drive-thru for Burger King. You can see the car there. This is the three-foot fence that would be replaced by a taller fence. This is the kind of covered outdoor area where the access comes out. And this is an interior view of the space where the day care is proposed to be. The applicant has worked with the owner of the property to agree to fence the irrigation ditch at the north end of the property. That was one of the concerns stated in the staff report as well. I believe that the last issue is in regard to -- there is a door that connects the service bays with the area that's proposed for the day care and because the fire code requires a three hour fire wall separation between the two different uses, between the educational facilities and the service bay or automotive repair and as it exists that wall will not meet that standard, that three hour standard. I believe that Mr. Silva has been working with the applicant and trying to come up with innovative ways of not only meeting that three hour separation requirement, but also insuring that if children get out of those front doors, how any attending staff can be alerted before they might -- those children might get onto Fairview Road. I think at this point I'm going to leave it -- staffs presentation and let Mr. Silva fill in the blanks of the items I have missed. Silva: Madam Mayor, Members of the Council, we made an on-site inspection just to kind of facilitate, you know, this discussion this evening and a couple of things that I want to point out. Number one, that rated wall that we are talking about, that three hour separation, is this wall right here and it was depicted in an earlier digital photo of a door that looked -- appeared to be a wooden door, which is an unrated door, that just -- it's a metal -- a light gauge metal door that separates this present car repair facility from the proposed day care use here. And it's hard to judge the integrity of this wall. It appears to have several -- numerous penetrations -- electrical penetrations and so forth. This had been a -- some sort of a cabling company at one time and they had numerous penetrations that had gone through this masonry wall here, so there is some challenges there. One thing we discussed with the applicant was the possibility of grouted that wall and perhaps providing some sort of automatic fire alarm system to provide early notification to the occupants of that day dare facility, so they would have more than adequate time to evacuate. So, that brings about a second challenge is where do we evacuate to. There is -- one of the concerns is that once the children go out this main exit that perhaps a child inside may hit this front door quicker than staff becomes aware of and is out this front door and probably 30 feet, 40 feet from Fairview, and what we Meridian City Council April 6, 2004 Page 19 of 68 discussed with the applicant was the possibility setting up a beam say about seven or eight feet inside that door that would allow a distinct audible tone that staff would know that there was somebody moving toward the door, toward the front door from the interior, with a separate audible notification that would -- they had indicated a door chime that the front door was being opened at some point, so you could tell which way the traffic was moving, because one of the primary concerns is that a quick child could make it out that front door and because the door has to remain unlocked during business hours to allow for quick evacuation. A second means of egress that was discussed with the applicant would be this door right here that would lead out into this area right here and would go out a gate right through here into this area to allow access to what's called a public way. That works, but there is some -- presently some discarded motor oils and discarded auto parts in this general vicinity right here that are of concern. So, those are the concerns we observed when we were out there for a site inspection. The other alternative would be to take them through this gate right here and fence in with a -- perhaps a three foot fence in this area that would allow just a containment area for the children should they need to be evacuated from the day care. So, with that I will stand for questions or concerns that Council may have. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, now you tell me that wall needs to be three hour rated; right? The wall in there? Silva: Yes. This one right here? Bird: And what type of construction is it right now? Silva: It appears to be a six-inch concrete block wall with no fill, no concrete motor that's been placed inside of it. It's a hollow wall. Bird: And it is from foundation to roof? Silva: It appeared to be, but, obviously, we are dealing with something that's already been constructed that we can't really see all the aspects of the type construction. Bird: Even filled, would a six- inch block concrete meet the three hour fire? Silva: Yes, we were looking up -- I believe it would. That one door that was depicted in an earlier digital photo that looked to be a wood grain door is actually the door -- this one right -- please. Yeah. This one right here is actually a light gauge metal door right here and what we discussed with the applicant and the owner at a joint meeting was perhaps doing some sort of rated sheetrock assembly or just provide blocks in here, just Meridian City Council April 6, 2004 Page 20 of 68 fill this in with masonry block to complete and fill in that opening. Bird: And you do believe that block wall goes on up above the ceiling? Silva: It appears to be, but this is a hard lid here, so it's hard to inspect and do a visual confirmation. Bird: I was going to say, that looks like a hard ceiling to me. Silva: It is. Bird: So, it would make -- I would think it probably goes through, but I wouldn't -- and it has to be completely -- it can't be penetrated above the ceiling, it has to be solid up there to meet the three hour wall. Silva: That's correct. Bird: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Silva, are there any other concerns from the Fire Department about having a child care center adjacent or in the same building to an auto repair business, from a fire standpoint? Silva: This one right here -- this is the gate. You're looking, actually, south right here and this is, actually, Cyclone -- a Cyclone fence gate right here and this is just -- we discussed with the applicant just providing a secondary containment area should we choose to -- should the applicant choose to bring the children out this way. This stuff -- excuse me. The discarded motor oil, which is in a -- there is two 55 gallon drums right here. This material needs to be put in a separate containment area where the kids can't access it and, then, what we had suggested to the applicant that there be a padlock on this particular gate here and, then, they would go into the rear yard or the south yard of the facility and would be able to access a public way. But the concerns are that those kids that are evacuated out of there, that some kids, who are not -- you know, who are quick may evacuate on their own and be someplace that we don't intend them to be, i.e., Fairview or down to the canal. That's why we requested and shared with P&Z our concerns over the -- over this unfenced canal right here. Basically, we need to somehow secure this. And that's not necessarily a fire code issue, but just a general safety issue. De Weerd: Thank you. Any further questions? Okay. Is the applicant here? And I believe I saw your hand up when we swore everyone in? Meridian City Council April 6, 2004 Page 21 of 68 Gorton: No. De Weerd: No? Okay. If you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Gorton: Yes. De Weerd: Thank you. Please state your name and address. Gorton: Tara Gorton, 1155 South Linder in Meridian. De Weerd: Thank you. Gorton: Good evening, Mayor De Weerd, Council Members. At this point I want to bring up the following issues -- obviously, there is many. As far as the safety issues are concerned, there is nobody on the planet that's more concerned than me. I love these kids to death and there is no way I would jeopardize their safety for any reason. I'd like to make the issue about parking -- when the site plan was submitted I was not aware that there was going to be the need for a fire lane down the whole side of that west property right here. Yes. This area. So, we have designated that -- it's not striped yet, but we will designate that as a no parking area, so it does comply with the 25 -foot minimum for parking. There is also a concern about turnaround in the back. You can see all of that, that strip is already paved. Anything that's complete white is in that -- can also be paved if needed. So, we are going to have at least two or possibly three parking spots in the very front towards Fairview Avenue there and, then, any additional parking will be striped towards the back of the property and I need a total of seven spaces to comply with city ordinances. Like I said, the landlord is willing to pave additional areas as needed and the lot will be cleared of any unnecessary cars. He just bought this property, so there is a lot of personal cars and stuff on the lot right now, which will be removed after this is approved. I think that resolves any of the parking issues by using that back half, as well as the front. We are going to be removing the swing gate, so the Fire Department can get towards the back and so that city, fire, and trash removal services can also get back there. We are going to completely fence off Five Mile Creek with a six foot chain link fence in accordance with the Planning and Zoning department, as far as what materials we need to use and we also need to contact Nampa -Meridian Irrigation District as far as how close to the ditch they want us to have that, but we are going to do that. I am going to install a fire alarm system. I did talk to someone today and they are going to be giving me an estimate tomorrow. If we can't come to some sort of agreement with the firewall, I believe a fire alarm system -- it's more up to date and I think it will be a lot better than trying to construct what's already existing over there. We are going to remove any hazardous materials. We are going to have a separate containment area for any of the oil or any other issues concerning the garage back there. All of that will be cleaned up. And, like I said, there are some safety issues with other things that are out there, but, you know, it's an Meridian City Council April 6, 2004 Page 22 of 68 existing site. My landlord just purchased the building and so he's going to clean that all up. Are there any questions for me? De Weerd: Council, do you have questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Gorton, a couple of concerns. Has there been any type of level one, level two inspection of the ground itself? Normally, what happens in auto repair types of businesses is the ground gets saturated with gasoline and oil and those types of things and so do you know -- has there been any inspection on the quality of the ground? You're going to have kids out there playing in the dirt or in the grass that may have been saturated with oil. Has anybody even inspected that? Gorton: Although it is -- it does -- it's close to that, that existing ground that's there right now was actually part of a residence and so there was no -- no material -- hazardous material in that part of the -- where the -- where my playground is going to be. Nary: Right here? Gorton: Yeah. Nary: Didn't they say there were two 55 gallon drums of oil right here? Gorton: Yeah. They did. What I'm saying is as of the prior uses, the place -- the sodded area that I'm using for my day care area right here, there wasn't ever any hazardous materials there. But you're talking about leaking into the ground? Nary: Right. Gorton: Right. No. I have not done a soil sample or study about that, but I'm willing to do that if you'd like me to. Nary: Well, where is the fence? Right here where my pointer is? Or isn't it right there? Gorton: Right there. Nary: Okay. And the oil is on this side of the fence? Gorton: Yes. Nary: Okay. But we don't know how long it's been sitting there or how long -- because it certainly can saturate to this area, so that's -- Meridian City Council April 6, 2004 Page 23 of 68 Gorton: It certainly could. And, no, I don't know. I just know that the owner just recently leased that to the prior occupant right now. Nary: What was your intention for drop off? I mean the front door is right here and we did have a letter from Big -O Tires, because they are right adjacent -- I mean there is no real drop off area at all for the kids. I mean this is a parking space, so there is going to be cars in it. Where would you -- Gorton: Pick up and drop off is located in the front and that's what those three or two and a half -- I'm going to be able to get three in there once it's eventually paved completely. Three parking spots. Those three parking spots will be designated for picking up and dropping off. Nary: Okay. So what -- Gorton: But I need a total of four, so that would be an additional one near the rear of the building. Nary: Well, how many kids are going to be in this facility? Gorton: I have a total capacity square footage -wise for 40. That doesn't necessarily mean there is going to be exactly 40 kids occupying the property. Nary: And how many people are going to work at this facility? Gorton: Three. Nary: And where are those three people going to park? Gorton: In the back. I need a total of seven spaces. Nary: Okay. So, they are all going to park back here somewhere? Gorton: Yes. The staff parking will be towards the back and the main parking towards the front will be designated for pick up and drop off. Nary: And if more -- with 40 people, I guess, what's really difficult to imagine is that -- my experience with day cares is you tend to get a glut of people at one particular time and you get a glut -- in the morning and a glut of people in the afternoon. So, if you have more than three people, if you have got people trying to back out of a parking space while other people are trying to enter off of Fairview, there is a driveway -- typical driveway in this location, if my recollection is right, and so -- I mean it doesn't appear to be a very good traffic flow. Meridian City Council April 6, 2004 Page 24 of 68 Gorton: It doesn't seem to be, but that's exactly how many spaces I have at my current facility right now and it works just fine. In fact, I park my car there once in awhile, too. It seems to work just fine where I'm at. Nary: And there is no shared parking arrangement at all with Big -O? Gorton: No, there isn't. I know -- I'm not opposed to that. I guess when Mr. Palmer, my landlord, did purchase the property, he did create some parking stops right there, so people couldn't go -- if you allow people to go through and you have got the same issue, you have got kids loading and unloading and, then, you have got people going through and using that, so I just think that creates more of a problem if you're going to have a drive-thru area, considering the safety factor. I think people designated for my area need to pick up and drop off and people -- I'm not opposed to it, but that's what my landlord did, so I could certainly bring that up with him. I know the gentleman next door was using that parking lot until Mr. Palmer bought it. They were sharing it prior to that. De Weerd: Any further questions? Bird: Madam Mayor, I got one question. De Weerd: Mr. Bird. Bird: Now the auto repair business stays; right? Gorton: As far as I know, yes. Bird: And where is their parking for their cars that are being repaired and waiting to be repaired and -- Gorton: I don't have a pointer, but it's going to be towards -- yeah, right there. Towards -- more towards the fence. Down a little bit. Right along there. Powell: Mrs. Gorton, there is a pointer on the podium there. Gorton: Oh, there is? Okay. Sorry. I didn't know. Bird: I thought you said that's where your employees were going to be parking? Gorton: No. I will show you. If I can work this. Okay. This is my picking up and drop off. This is the fire lane. This is all completely paved right here. There is enough access for all of the turn abouts. We are going to stripe it for the Fire Department to turn around. I have a diagram showing the proper distance and stuff from there. and, then, all of this along here is completely paved. Plus, if we run into an issue with parking, all of this is dirt, it can easily be paved to accommodate any other parking right here. It's a very big lot and I can use any of this stuff for parking if I need to. Meridian City Council April 6, 2004 Page 25 of 68 Bird: A follow up. I take it that -- that the cars in the repair business there come in from the west side exit -- enter and exit from the west side of the shop; am I not right? Gorton: Yes. Yes, they do: Right through this area. Bird: And some of the cars are brought in on wreckers and stuff like that and are parked around waiting to get serviced or repaired? Gorton: I'm not sure what the nature of his business is, other than car repair. I don't know exactly -- I don't know how to respond to that, because I'm not sure exactly. I know that he's going to have four designated parking spots here. Bird: For employees or for customers? Gorton: He does --doesn't have any employees. It's a single person operation. And four spots for him and his parking. I guess they have designated this along this fence line for him. Bird: Thank you. De Weerd: Okay. Any further questions? Thank you. Is there anyone that's -- is there anyone else who would like to testify on this application? Okay. Council, do you have further questions for the applicant or staff? Do you want to have any discussion? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. If there is no further questions -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for MI 04-001. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam Mayor? Meridian City Council April 6, 2004 Page 26 of 68 De Weerd: Mr. Nary. Nary: I guess I'll kick off the discussion. I think the information from the Fire Department as to fire safety of this facility just frightens me. I don't see this as a viable facility for children at this time and I don't know that it -- I don't know that it can't be made into a viable facility, but I don't think it's a viable facility right now. I couldn't sleep at night if I voted for this application. I just don't think that right now this building is set up or designed or built to house up to 40 children with the fire safety concerns, the parking, the compatible use of trying to be compatible with the surrounding businesses, gives me some concern. But for this miscellaneous application and what we have to evaluate and whether or not at least on the interim basis while this is being considered for conditional use, whether or not it can be operated, the standard of care here is -- it isn't Mrs. Gorton that concerns me, it's the facility itself. I think this facility is just not designed right now and isn't in a condition to house children in it. Maybe as part of the conditional use process it will improve, but right now I just can't, in good conscience, vote to approve this application. De Weerd: Thank you, Mr. Nary. Mr. Wardle? Wardle: Madam Mayor, I would also agree with Mr. Nary. I'm trying to stay objective here. My nine -week-old child started day care yesterday for her first time and I consider what I would do in this situation, both as a parent and as a Council member and the safety concerns from the Fire Department are very important to me as well, so I agree with Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll give my two cents worth. I also am concerned about the fire safety, but I'm just flat concerned about the safety. Oil back in those 55 gallon drums can leach out and it don't take long to do it and that's a very small parking lot in there, you have 40 children, that adds up to quite a few cars in and out of there. You have got another repair business that's working on automobiles and bringing in and towing and I'm sure wrecker service and everything else. I just -- I just don't feel that those two types of businesses mixes very well and I really have a question on that locality if it can be done there with exist building -- with an existing business in there, especially mechanical. De Weerd: Thank you. Any further comments? Okay Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council April 6, 2004 Page 27 of 68 Nary: I would move we deny MI 04-001, request for a temporary use for a child care facility at 220 East Fairview by Tara Gorton, based upon the staff comments, the staff report as presented, and the comments of the Council this evening. Wardle: Second. De Weerd: Okay. It's been moved and seconded to deny MI 04-001. Is there further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC — west of North Black Cat Road and south of West Ustick Road: De Weerd: Thank you. Okay. Item 13 is Public Hearing VAR 04-003, for Autumn Faire Crossing Subdivision. I will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this is -- this comes before you as a variance request, because the time for requesting a time extension has past. I believe long past, actually. It was a -- the preliminary plat was approved in December 18th of 2001. This is the final plat, I believe. I'm not sure we found it. This is the final plat. As you see, there is a large park in the center of the property. There we go. Sorry. There is a large park in the center of the property. It does comply with the approved preliminary plat. Staff was not able to make the findings for their -- to approve the variance and so it is before you tonight with a staff recommendation for denial. The applicant can provide more information on why they were unable to get the plat done in a timely fashion. I believe Mr. Strong is here to encourage us to allow the park to go forward, so that -- they have dedicated that lot as a city park. I'll end staffs comments with that. De Weerd: Anna, that city park isn't tied to this particular piece, though, is it? It was part of the whole application for Autumn Faire. Powell: But it has not been platted as this time. De Weerd: Okay. Right. Okay. Any questions of staff? Okay. Is the applicant here? Okay. Please state your name and address. Conger: Yes, ma'am. Jim Conger, 405 South 8th Street, Suite 131. De Weerd: Thank you. Meridian City Council April 6, 2004 Page 28 of 68 Conger: Madam Mayor, Council Members, we are here before you on behalf of Gemstar Properties requesting the variance to submitting the final plat. Basically, Autumn Faire Crossing is -- in its originally format, a previous phase -- there were four phases that have been completed within this community. This is the final parcel of land that -- it ended up from a sequencing standpoint made more sense to push to the end. It is -- if you look at the overall site plan, it is the furthest piece in the back and from a logistics standpoint made the most sense to be the final phase. This will be the final phase of the entire Autumn Faire community. The park site, Madam Mayor, as you did indicate, is part of the development agreement. It is not tied specifically to just this piece of land, but it was -- made the most sense for this 6.88 acres that was being donated by this developer to be accommodated back on this last parcel. So, our goal is to come forward, get the extension, and move immediately with the final plat. We have been working with Mr. Strong as well in getting the final plat and pushing forward and getting it recorded and, then, deeding over a lot and block is much cleaner than a metes and bounds as -- we don't anticipate, but typically between a final plat and a preliminary plat there can be some minor modifications that a metes and bounds is quite as appropriate as a true lot and block. In the staff report, obviously, as indicated by staff, there was recommended for a denial. When this kind of came to light -- and we knew it was light as we kept pushing this phase towards the last, it was indicated by staff to -- as we worked with them, to request this time extension through the variance process, as it does allow it. In going through, you actually approved I think two on January 13th of this year and that staff report reads a little bit differently in the bottom recommendations in this staff report. That those two staff reports that were approved in January 13th identified that there were already eleven done in the last ten months or eleven months or something of that nature of this same nature. Now, there is two items when I same nature. One is extension for submitting a final plat and the other is a time extension for recording a final plat. So, I think within those ten or eleven applications that were approved through the variance process, combined both of those -- both of those applications. So, I think, in closing, we want to work with Mr. Strong, we want to get the city park deeded over and this variance -- I guess approval of this variance would allow us to do it in a more timely manner. If we start over at the preliminary plat, we will be deeding it over next year, as it will take that long, probably, to run through the process and if we are able to move forward, as requested with the variance, we would be submitting a final plat, hopefully, within the next three weeks, pending getting our final construction documents out of our engineer. The plat is ready to be submitted and that would put us in a better position for late summer, probably not even early fall to get the plat recorded and deeded over -- and deed the park over to the city. With that I'll stand for questions. Powell: Are there any questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council April 6, 2004 Page 29 of 68 Nary: Mr. Conger, I didn't see it in the staff report and -- when was this -- it was originally approved in 2001, so when were you supposed to have had this done? Wasn't it '02? Conger: Yeah. I would suspect '02. I'm doing the math to -- Nary: And normally -- and was there an extension ever granted? So, are you two years plus past when it was supposed to be -- or a year and a half plus past when it was supposed to be done? Conger: I think -- Nary: You never requested an extension; right? Conger: That is correct. Yes. Nary: So, 2002 was, actually, when it all expired. Conger: Correct. I would answer that more quickly. I was not so much dealing with the approval process, so I'm going off mathematical dates in my head and I think you are correct, but -- Nary: Okay. Thank you. De Weerd: Any further questions? Okay. Thank you. Okay. We have some public signed up. Holly Van Kirk? Would you like to provide testimony? Van Kirk: I didn't raise my hand. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Van Kirk: It is. De Weerd: Thank you. Please state your name and address. Van Kirk: Holly Van Kirk, 5205 West Talimar in Autumn Faire. De Weerd: Thank you. You know, you didn't have to come up, you could have -- so that's a message for anyone else who might have signed up thinking -- Van Kirk: Okay. De Weerd: So, do you have some testimony you'd like to offer on this? Meridian City Council April 6, 2004 Page 30 of 68 Van Kirk: Not necessarily. I think we were just -- on behalf of the other -- my neighbors, we were just concerned that the park would get moved forward, because when we bought this property we were told that the park was supposed to be in this spring. The park was supposed to be done this spring and so the delay of this extension has caused the park to be delayed and so that was our main concern as people in that subdivision. De Weerd: Well, I hate to question your real estate agent, but, you know, sometimes you really should call the city just to verify what you're being told. Van Kirk: Okay. That's -- De Weerd: We'd like to see a park there, too, but that hasn't been on our master plan for building yet at this stage. Van Kirk: So, once the land is deeded over, then, is there a quicker time frame that that can happen? De Weerd: Well, then, it gets into budget issues Van Kirk: Correct. De Weerd: And so it happens that we do have other parks that we are working to develop, so -- but Mr. Strong, I'm sure, can provide some input, our parks director, and I'll ask him to get up and share maybe what's planned in our master plan for parks.. Van Kirk: Okay. De Weerd: Thank you. Rountree: He just volunteers. Strong: I didn't volunteer. De Weerd: It sounds like you have some very eager neighbors, too. So, maybe you can gain some volunteers for your effort. Strong: Madam Mayor, Members of the Council, actually, this neighbor has been in our office asking about parks, so she has sought out the city recently to find out the status of the park. I was moving ahead to actually release an RFP to master plan this park this year and we have from last year, the 2004 budget, dollars in our budget to master plan Autumn Faire and Champion Park, neighborhood parks. As we got further in our process we discovered we didn't have the deed yet for this property, so when I explored further we found the delay and that's put us where we are tonight. If this moved forward we will go ahead and release the RFP to master plan the park this year and as we look at the 2005 budget, we would be building money into that budget or requesting money in that budget to either phase in the development of this park and Champion Park, Meridian City Council April 6, 2004 Page 31 of 68 because it was slated to be developed in 2005 as well, so we would probably have to phase both of those parks or build one and part of another, depending on how the dollars sort out and we are looking at that right now. So, that at least presents some preliminary time frame for building two neighborhood parks at the same time. We have some participation by the developer in Champion Park that will help some of those costs there, so we need to kind narrow that down to see what that is. De Weerd: Now, in Champion Park, that required sod and sprinkler and pump house and a number of things; correct? Strong: By the developer. Yes. De Weerd: By the developer. Strong: Yeah. And it's specific in the agreement that was just completed recently. It won't be deeded over -- it's not slated to be deeded to the city until 2005 either or -- De Weerd: Okay. Thank you. Hopefully, that answered some questions. Then, it has to go through the budget year. So, we hope to get there. Is there any questions from Council at this point? Is there any further testimony? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Shearer: I do. De Weerd: Thank you. Please state your name and address Shearer: Tracy Shearer, 5191 West Talimar. I'm Holly's next-door neighbor. A year ago when we purchased the property I asked the question to the city -- I did my homework. I asked does the city own that property and the answer was yes. And I asked the question do you plan to build a park in the near future and the answer was yes, spring of this year, specifically April of '04. 1 even talked about the layout of the park, where the parking was going to be -- I did my homework. I believe -- just from memory, because I didn't bring my stuff with me. I believe I talked to somebody by the name of Kim that works in planning here, but I could be wrong on the name. The reason I brought it up is I questioned the fence in our backyard about it's only four foot high, you have kids and a dog, could I put an extension. They said, no, you have to put a lattice up, because there is a jogging path -- I mean that's how we got into the whole park conversation. Holly didn't mention it, but -- and I'm not blaming anybody, so don't take it that way, but when we purchased the property we paid extra for our land, our properly, because of in proximity to the park and they kind of touted that as one of the reasons why everybody on that strip -- and if you go back to the other -- the first map, the yellow one, I can show you where our property is. Our property sits right there. And this is -- there is a four foot fence that runs all through there. Again, they touted that as the reason why we were paying extra and they kind of sold that as one of the selling points of the subdivision was to put the park in. I know things change and I understand budgets and stuff. My question to you is if you don't do it this year, when will it be Meridian City Council April 6, 2004 Page 32 of 68 done? And, in the meantime, everybody is dumping garbage in that field, they are riding dirt bikes, ATVs, there is no posting, nobody seems to take claim to the land, and there is weeds growing against our back fence that are five feet high right -- they were last year and they will probably be that high again this year, so you get into fire hazards and a few other things. Who is supposed to maintain that land in the interim until the development is done? I'm a little worried about somebody getting hurt out there. At 8:00 o'clock in the morning on a Saturday I'm laying in bed trying to get some rest, because I work 60 hours and I hear clods going back and forth behind my house against that fence and it's very annoying, but it's not posted, so everybody just figures it's -- you know, they can do whatever they want out there. And the garbage piles are getting bigger. The other day I noticed a neighbor dumping stuff out there. I won't rat out my neighbor, but I didn't like the idea, but because nobody's taking claim to the property -- I guess the open-end thing is when would the park be built? I know it's tied to budget, but would it be next year? Year after? Would this thing be open ended and in a year or two I would be back asking the same again. And I'm kind of alarmed that two years later we haven't put the plan together. I'm not trying to blame the developer, but kind of messed up a little bit there in the planning. So, anyway, that's my comment. Just what the long term is, if there is one. And, then, in the meantime the safety issues, fire and dumping and all that, that needed to be addressed, post a sign or something to keep people out of there. De Weerd: Certainly I think either our planning director or maybe our city attorney can offer you information on who enforces -- you know, unfortunately, when you get a vacant piece of property it does become the dumping ground to the neighborhood and I walked through your neighborhood when I was campaigning and I saw that, too. I did call the code enforcement officer, but it's -- Anna, can you maybe answer a few of those questions in regards to the garbage and enforcement issues? Powell: I'm not sure related to the garbage, Madam Mayor, because it's private property still. It's not the city's property yet. So, I would think it would be the responsibility of whoever owns that property at this time. De Weerd: Actually, it's at the dead end to that street, isn't it? Shearer: Right. And we thought it was city property. Up until this meeting I did not know that it hadn't been deeded over. In fact, when I called last year they said it did belong to the city. That's why now I'm kind of taken back. Powell: Well, it does not yet belong to the city, so I believe it's still the private property's responsibility. Now, we do have -- the police department does enforce weeds at times and those code enforcement officers do deal with weed control, working cooperatively, I think, with Ada County. De Weerd: I guess does the chief have anything he would like to add? Well, it is private property and I guess it should be the responsibility of the property owner and the applicant can answer to this as well. Meridian City Council April 6, 2004 Page 33 of 68 Musser: Madam Mayor, Members of the Council, in regards to the property, if there are weeds out there we can have that checked or through the ordinance enforcement personnel and have them work on that and see where we are at. Probably the biggest thing we are going to need, though, is to establish who, in fact, does own the property at this point and my guess that it's probably within the developer's name, because oftentimes the title ends up transferring and going that way, so we'd have to contact, do the letter, notice, and that type of stuff for the clean up. That would also apply to any illegal dumping that's ongoing out there at that time as well. We would use the junk ordinances probably to follow up on that and there is a potential we might even be able to bump the state code for littering complaints on it. If we can identify who the people are that are actually doing the dumping, citations can be issued. As to the ATV usage, if it's not posted and if any way, shape or form somebody has permission from that current landowner where it is private property, they can use those vehicles and there is nothing to prevent the use of them off road. Shearer: Even though it's in the City of Meridian? Musser: It's an off-road private property area. It's not city property at this point Shearer: Do I have the right to chase them off? Musser: Well, unless you own the property you wouldn't have a right to that I necessarily would think would extend and make it a little hard for us to be able to issue a citation or take enforcement action on it and I would caution, depending on how you chase them off, may put you in a position where they could turn around and point the finger back at you and certainly wouldn't want to see that and I understand the dilemma you're in. Shearer: No. I guess the issue would be if they are 8:00 o'clock in the morning blasting up and down behind my house, do I have the right to call the Meridian PD and file a complaint and it sounds like the answer is, no, I don't have a right. Musser: You can go ahead and call us, we can make contact and see what we can do, but, technically, they are not in violation of the city noise ordinance if it's that time of the morning. Shearer: Okay. De Weerd: I guess one thing we could do is get the name and number of the property owner and that would be the person -- the appropriate person to call. Mr. Nichols, did you have anything to add? Nichols: Madam Mayor, Members of the Council, I think the applicant's representative can address many of these issues and address these concerns of the neighbors. Meridian City Council April 6, 2004 Page 34 of 68 De Weerd: Okay. Nichols: And as far contacts, noise, ATV use, all of that stuff, and if -- I suspect, since we are a little far afield from the variance application, if the variance is granted and he moves forward with the final plat in a month -- within a month's time that he promises, then, pretty soon that issue will go away and the property would be deeded to the city and, then, it does become a city issue and also the other lots would, then, be developed and be sold. De Weerd: Oftentimes when we get requests like this, this is a great time to bring up some of the other things on being good neighbors. So, thank you. Shearer: Thank you. Powell: Madam Mayor, before the applicant comes back up, I did want to explain, perhaps, some of the reason, getting back to the variance issue, as to -- as to perhaps why they didn't -- I don't think there is anybody that's here tonight that's been involved with the project for a long time, but what I suspect what happened was this was preliminary platted separately from the rest of Autumn Faire, so as the Tricia's sub came in, they have been coming in in successive phases. However, because this was a separate preliminary plat, it was on a different time line and they have just gotten to the end of the platting process and realized that the preliminary plat had already expired, even though it's probably only been a year since Tricia's sub came in. This was final platted as Tricia's sub. Does that make sense? It was just because it was a separate preliminary plat process that they didn't keep track of that timeline compared to the previous preliminary plat, which they had been working on. So, I suspect -- again this is just a supposition, that that's why the time extension issue was missed until this time. De Weerd: Thank you for giving us both sides of the story. Now, Brad, does this have anything to do with a possible different sewer zone or was there some sewering issues on this one as well? Watson: Madam Mayor and Council Members, as Anna was going through that little dissertation, it jogged a few of my memory cells. I think the whole -- and the developer is here, maybe he can correct me when he gets up. That the whole thing came in as one pre -plat, but only a portion of this could sewer by gravity. They went on with the preliminary plat and about the time the first phase came in they came back and said -- because former Councilman Anderson was very concerned that the park wasn't surrounded by residential lots, they came back with a proposal to use a lift station for part of it, if they could surround the park with lots and I think that's why it came back as a pre -- a separate preliminary plat, although originally it was part of the overall original pre -plat. De Weerd: I think I -- Watson: Does that -- Meridian City Council April 6, 2004 Page 35 of 66 De Weerd: Oh, yeah. That's because I think a couple of us were here. Okay. Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Well, we will ask for rebuttal from the applicant. Conger: Madam Mayor, Jim Conger, 405 South 8th Street. I'm glad a couple of you were here, because I was not involved with this community or development at that time. There were the same sewer issues that I knew of that Brad just had mentioned and I think that supports a little more what Anna was kind of trying to indicate. As we changed the phasing towards the end with this portion of the development, I think everybody kept running along as if it was part of that original preliminary plat and phase one, phase two, and phase three and even phase four all went along per plan and logistically as noted. I think focusing quickly on the variance, it all basically comes back to just requesting support of continuing on the final phase of Autumn Faire 4 and moving forward and we will get that park site deeded over just immediately as possible here in this current year. I think quickly addressing Tracy and some of the other items. The weed factor -- I will take all of this back to my client. The homeowners association owns -- and I'm guessing on the amount of footage, but I can finalize that as I look at plans tonight or tomorrow. The homeowners association owns or it has an easement across approximately 40 feet behind Tracey's fence and everybody's fence, because their property lines actually went out very close to center line of the existing drain that we tiled. So, the weeds and that are within the current homeowners association for the Autumn Faire Crossing development -- or Autumn Faire development. It doesn't mean my owner is not willing to look at them, but I'll touch base with not only the management company, but also the owner. Now, as far as any dumping or weeds and debris within that 40 feet and further into what is the plat that's shown for the Autumn Faire Crossing, clearly that's my client and if we have some issues, then, I'll talk to him about posting not only for trash and debris, but we don't have a great desire to have four wheelers out on our property anyhow for liability purposes. So, we certainly agree with about everything Tracy said. But the bulk of his issues with weeds is definitely the homeowners association. So, self -policing your neighbors is a good thing, because it just ultimately costs you money in maintenance. I mean it all comes out of funds. So, with that I will stand for any final questions. De Weerd: Just a note in your homeowners association letter, because most of the garbage I saw I'm sure was local. Not too many people go and dump their grass clippings and -- Conger: It's embarrassing. Absolutely. De Weerd: -- a lot of that there, so -- Conger: We are in a lot of neighborhoods around and it's just still amazing how many people throw stuff over the back of their fence and rot their own fence out, but it's done every day. Meridian City Council April 6, 2004 Page 36 of 68 De Weerd: So, if they have that news -letter, that would be worth noting in there. Conger: Yeah. That's an excellent point. Excellent point. De Weerd: So, any further questions from the Council? Okay. Thank you. Okay. Council, any further questions? Discussion? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Before we close the Public Hearing, I guess -- this one is very frustrating and I guess I wanted this as part of the record, rather than just a discussion, but I wasn't here when this was approved, but this is a problem we can't repeat. I mean these folks -- these neighbors -- I mean they are right, they bought their houses expecting a park. I'm assuming when this was approved the city expected a park and it's ridiculous to me that two and a half years later there is nothing. I mean there is weeds out there and, you know, obviously, hindsight is always easy, that it would have made more sense that this park was in the first phase, rather than the last phase, but, you know, we either have a standard or we don't and what I really hate about this particular application -- and it's not Mr. Conger's fault. I know that he hasn't been the applicant in all of this, but we have a standard which we have waived a number of times, but this is a year and a half after this was due, but, yet, if we don't grant it, it's another year before we get this property deeded to the city for us to actually have a park even begun. And I hate being between a rock and a hard place and I hate it when I can't blame somebody, because nobody's here that's the one responsible for this. That just drives me crazy. This is not right for anybody to be stuck in this boat and, you know, by every account -- and, again, it's not Mr. Conger's fault -- we should deny this request. There is no reason they should have a variance to file this plat. It should have been done a year and a half ago. It's ridiculous to be asking a year and a half after and if it was the applicant that started this problem, we wouldn't even -- at least for me I wouldn't think twice about denying it. But by denying it we end up really just hurting the city, the neighbors that are there, and everybody else and it doesn't resolve anything and it doesn't send a message to the right people not to do this, so that's my soap box for the record. I know that -- Bird: Madam Mayor, I'll get on the other leg. De Weerd: Thank you Mr. Nary. Okay. Mr. Bird. Bird: I agree with everything that Councilman Nary said and too many times we get backed up against the wall and can't get out of it. This was a special item, because of the location that they give us the park and couldn't be sewered by gravity. We knew it was going to do that. I think Brad stated probably the reason this got lost in the shuffle, but I'm like Councilman Nary, I can't believe that you go a year and a half without realizing that you're behind times and I don't care whether you just come on board or what you did. We are at fault. I believe that Madam Mayor and myself, who was on the Meridian City Council April 6, 2004 Page 37 of 66 Council that approved this originally, felt that the property had been deeded already over to us and I feel that probably some of our staff felt that way, so I apologize for the confusion to the owners. But it's something that's got to go ahead. We need to go ahead with it and I'm like Councilman Nary, I hate to be backed up to the wall, but we are here again and it's not the first and, I hate to say it, probably won't be the last. De Weerd: Is there any further comments? Nary: Madam Mayor? I did have one more question for staff. There is nothing that says the extension has to be for a year, does it? Can it be for less than a year? Powell: I believe so. Nary: And I thought I heard Mr. Conger say -- and if he wants -- since the Public Hearing is still open, if we need to clarify -- I thought I heard him say it could be done fairly quickly and so if we don't need a year, I'd rather not extend it a year, I'd rather extend it whatever is reasonable, but let's get this done and let's get this moving on and at least if I have to deal with giving a variance where I don't think it's warranted, let's at least make it reasonable and not just extended it out a year. But, again, if Mr. Conger -- if Madam Mayor's okay with it, you tell us how much -- what's reasonable, I would guess I would be more inclined to do that. De Weerd: Would Council like to hear -- Rountree: Certainly. Conger: Jim Conger again. I think that's -- that's an excellent idea and we would have no issue with that. I would just pick a round number of six months, just in case my engineer -- I know they had a -- my project engineer — I know this is our own problem -- had a death in their immediate family yesterday and has disappeared to California for I don't how long. Hopefully less than a week. We are -- I think the last drawing I looked at and reviewed, 75 percent complete with the construction documents. Again, the plat is done, but, obviously, we need to have the construction documents as well with the submittal process. So, I would throw out six months just in case something were to not happen. But, certainly I think reducing it from the one year mark would be -- would be no issue at all. De Weerd: If we could also ask that you meet with the neighbors and just get a better idea of what their issues are with the property that's going on behind them. Conger: Yeah. I, actually, meant to say that before I adjourned the time before, that I would meet with them after the meeting, so -- De Weerd: Thank you. Bird: Madam Mayor? Meridian City council April 6, 2004 Page 38 of 68 De Weerd: Mr. Bird Bird: Anna, is six months okay? Do you see any problem with six months on your time? Powell: No, sir. Usually it only takes -- from application to time it only takes six weeks for us to get it back up to you and I believe that that's the day that it's hinged on, not the city engineer's signature date. Just -- we will -- we will look it up. If I could ask Council just for -- I was curious if Mr. Nichols had ever heard of a -- kind of a re -preliminary platting of a property being tied to the original preliminary plat on any case. And I'm just trying to figure out what to do in the upcoming draft of the zoning ordinance, if this issue needs to be addressed or if it's so infrequent that it doesn't -- De Weerd: Mr. Nichols? Nichols: Madam Mayor, Members of the Council, I'm not aware of that process De Weerd: Generally we don't have this debate situation, but Council if -- Bird: Yeah. Let her go. De Weerd: Please state your name. Van Kirk: Holly Van Kirk. De Weerd: Thank you Van Kirk: And I was talking with Doug Strong, I believe, about the fiscal year starts September 1 st for creating funds for the following year, so six months I think would run us -- if they don't deed it over to the end -- very end of six months, I think that would run us a whole other year before they could have funds again for the next park -- for the park to start for the following year. So, I think that would be -- six months would be a concern, just because if we are at the end of the six months, I think we run into the problem of delaying it a whole other year and I think Doug Strong could answer that question. I have one more quick question. Is there a consequence at all for the developer? Maybe they could put in sod -- that they have to sod it for, you know, the consequence of waiting a year and a half or is that -- De Weerd: I think that's an excellent idea, but -- Van Kirk: So, those are my two comments. De Weerd: Thank you. The budget year is from October to the end of September, but we do start planning now. Our parks director did say that they can start master planning that. They can provide a request for a budget, even though we don't have the deed at Meridian City Council April 6, 2004 Page 39 of 68 the budget time. So, he can request money to begin something there as this is all in process. Rountree: That doesn't make it so, though. De Weerd: But that won't guarantee the funds will be available, but he could make the request. So, certainly keep in close contact with our parks director. Any further questions? Mr. Conger, because you are -- have the ability to provide rebuttal to any testimony, do you have anything further to say? Thank you. Okay. I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item No. 3 for Autumn Faire Crossing Subdivision. De Weerd: Is that 13? Rountree: Or 13. Excuse me. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve VAR 04-003 variance to October 1st, 2004, for Autumn Faire Crossing Subdivision by the Gemstar Properties. Rountree: Second. Bird: That's on the --excuse me. That's on the time extension for the final plat. Rountree: Still second. De Weerd: Okay. It's been moved and seconded to approve VAR 04-003. Is there any further discussion? Too bad you can't add an amendment to that or a condition. Mardian City Council Apel 6, 2004 Page 40 of 68 Bird: I'd love to. De Weerd: I know. It needed to be in the original. Bird: It needed to be in the original. De Weerd: Unfortunately. Bird: Right. De Weerd: Okay. Any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Councilman Rountree has asked for a break. We will take a ten minute break and reconvene at ten after 9:00. (Recess.) Item 14: Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: Item 15: Public Hearing: PP 04-001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: De Weerd: Okay. I will go ahead and call this meeting back to order and open public hearings for Items 14 and 15, AZ 04-002 and PP 04-001. I'll start these applications about Roseleaf Subdivision with staff comments. Powell: Madam Mayor, Members of the Council, this subdivision is located off of Locust Grove Road immediately south -- excuse me. This is what I need. Help. What is going on. Something was hitting the button. There we go. Now I'm just moving all over the place. Okay. Here we go. It's on Locust Grove Road immediately south of what was recently approved as Tuscany Village. Here is Tuscany Lakes. This was Tuscany Village. We are just south of there and here is the aerial photo. This is the layout of the subdivision. It has a single entrance off of Locust Grove. There is an existing home up in this area. And, as you see now, it has access to the interior of the subdivision, rather than Locust Grove. There are two large parks. This one kind of serves as the more public and visible open space as you enter the project and, then, there is another kind of more private open space located at the rear of the property. There is a long, linear path Meridian City Council April 6, 2004 Page 41 of 66 throughout the length pretty much of the property. Did want to point out -- in this one location there is four units that share a common drive back here and they come past two other lots at the front, so it does meet our common drive standards, although I don't think we ever anticipated that we would have two lots out in front. The Sanitary Services, when we had our comments meeting, they would not enter this private common drives, so there are provisions made to have the trash brought out to the street, and it is a suitable turnaround for the Fire Department, so the Fire Department has no concerns regarding that. Also, at the comments meeting the chief of police had concerns about the -- an alternate method of getting to these houses should the need arise. The applicant and the chief have worked out a solution whereas the policeman could gain access to the property from this common lot with the pathway on it and, then, this will be open -- they are going to open this up and make this common area right here going down to the end of the common drive and, then, there just won't be a fence there. So, there will be a break in the fence here, there will be a green area here that is common space and so you're able to get around there to provide a -- kind of a second means of access up those properties, if there is some obstruction here. The site is developed as 98 building lots and, then, seven other lots, common lots. I did mention the existing house. Did want to point out that this does — on the Comprehensive Plan this does -- the end of the property is right here. It is fairly close to a neighborhood center. Staff had been working with the applicant to get some additional stub streets to that property, in hopes that there is a finer grain of street networks at that neighborhood center. The lots range in size from about 6,500 square feet up to 10,000 square feet. The existing residential lot on Locust Grove is the largest lot proposed to accommodate that. Moving forward to the recommendation from Planning and Zoning Commission. The Planning and Zoning Commission has recommended approval of the property. At that hearing Shawn Nichol represented the applicant and testified in favor. David Bailey also represented the applicant as his engineer, discussed the reasons for the common driveway. There was quite a bit of discussion about the common driveway. I think we did come to an agreement at that hearing on the issue, that it was consistent with the ordinance. Other key points of discussion included the pros and cons of restricting all direct access to Locust Grove for the existing residence and as a result of that, the Planning and Zoning Commission did require that the applicant change that access and bring it out to this subdivision and we made a commitment as part of the conditions of approval to work with the applicant to provide some sort of garage on that site. The problem being that currently the house is, obviously, oriented this way so it's pretty close to Locust Grove, which is now the back of the property. To get a garage in, our restrictions on front yard garages, which are fairly restrictive, and so this may need to be in the front or side and require some special consideration for that property. The Commission's motion did not -- there is a couple of changes, I believe, that need to be made regarding -- to accommodate the open space area at the end of the common drive and one of those is site specific condition number two and, then, also the Meridian Police Department condition number G-1, which is on page ten of the recommendations. So, those do need to be modified a little bit. I'm sorry. Condition number two is regarding the existing home and, then, G-10 is regarding the common driveway. So, that was one of the outstanding conditions and the other outstanding -- Meridian City Council April 6, 2004 Page 42 of 68 actually, that's both of them. I'm sorry. Got ahead of myself there. I'll end staffs presentation with that. De Weerd: Okay. Any questions for staff at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna? Powell: Yes, sir. Which sir was it? Oh. Rountree: The other one. I have a question on the lot where the present house is and on this display it shows, I assume, the dark green -- I believe that's dark green or some shade of green. Darker green. I assume that's common lot and the landscape berm or some kind of an amenity for the subdivision. Probably also is inclusive of the sidewalk and that sort of thing and provides for the appropriate setbacks for ACHD. What's anticipated on that proceeding north on that one called out lot where the current home is? Are we going to have a lot in there on a continuum with the development to the north that has no sidewalk and no provisions for a widened street? Going to have somebody's backyard there that's not fenced that's not continuous with what's going on north? Powell: Madam Mayor, Councilman -- Rountree: Your graphics are as good as mine. I can't tell what's going on. Powell: Yeah. I think that that is a very appropriate question for the engineer to answer. On the original preliminary plat they did show -- they did not show a right of way dedication or a landscape lot and I think they have continued that here. The existing house would encroach in the required landscape buffer -- Rountree: That's fine. I can continue that on if I don't get the answer. Powell: But, you're right, sir. That does need to be addressed. Rountree: The other question -- and you may have said it and I might have been thinking about that lot some more, what are the little units in the east -west streets on the west end of the -- is that just a landscape median? There is -- Powell: These? Rountree: No. On the through streets. Right there. Powell: Yes. Those are just little traffic calming islands. Meridian City Council APH1 6, 2004 Page 43 of 68 Rountree: Okay. Thank you. De Weerd: Okay. Anything further? Would the applicant like to come forward? Please state your name and address. Amar: Thank you, Madam Mayor, Council Members. My name is Kevin Amar. Address 114 East Idaho, Suite 230. 1 have been sworn in and recognize that. This project, as we have been working with staff, we hope tonight we have Come to a conclusion that as far as staff is concerned and what we are agreeing to mesh. Both the comments that staff has requested with respect to the additional pathways, with respect to no direct lot access to Locust Grove, with respect to the police department and the Fire Department, we agree with all those conditions and staff, pending any further conversation, is happy with our layout. With respect to the subdivision-- and I will talk about the subdivision briefly. We did have a neighborhood meeting. At that neighborhood meeting there were approximately four neighbors that did attend. Most of those are majority property owners and there were no issues that were brought up at that time that we were unable to address. With respect to the common area, this project has almost 12 percent of actual common area -- or park space, not just common area, so that would be exclusive of the right of way buffers and the islands. But the actual -- what I call park space is 11.7 percent. So, obviously, much more than would be required in the R-8 zone. Now, this common area here is a joint use facility with common area and also storm drains. This common area up here is simply a park. It will have a playground structure in it similar to what you find in many of the subdivisions in Meridian. It will be used -- the frontage will be used for a storm drain, but it will be with a ten -to -one slope, so -- and I have pictures that I can show you what that might look like. Your step down from sidewalk is very, very minimal. So, this is actually a common area that will be usable without -- with the exception of this frontage, without any storm drain within it. This portion back here will have storm drain, but, again, no deeper than 18 inches and most likely much shallower than that. Again, with a ten -to -one slope. So, this project has more common area than I think you typically see in a straight R-8 style subdivision. Now, with respect to this lot -- and Councilman Rountree's question, that -- we initially had desired to take direct access to Locust Grove. Anna Powell, with much persuasion, suggested that we might want to reconsider that. We did reconsider that and that will be taking access from interior of the subdivision. The house sits within that -- if this green line were extended and the common area were extended, the house would actually encroach upon that area. So, the -- what now will be the backyard of this house is approximately 20 feet from the future right of way. We are providing area for the future right of way and future road widening of Locust Grove and we are also installing curb, gutter, and sidewalk to our northern boundary. So, it will be a continual curb, gutter, and sidewalk and will also be continual expansion of the right of way in the future. So, this project will provide for that. With respect to the landscaping, because of the house and the location of the house, that will be a backyard now. It's a front yard currently, but it will be soon a backyard. And will be fenced appropriately from the right of way. I believe that addresses the concerns. We are going to put an additional pathway in here that will provide access to this area. The pathway would not be fenced, Meridian City Council April 6, 2004 Page 44 of 68 but will be common area and will be left open. The project itself will have a six-foot cedar fence and, then, on the frontages and on the common areas -- the frontages will have a four -foot vinyl fence and the common area -- I'm sorry. Six-foot vinyl fence on Locust Grove and a four -foot vinyl fence around the parks and the open space and that will be done as a part of the development. I believe we have addressed all the issues. If I have not, please bring them forward and I will address those also. I'd stand for any further questions. De Weerd: Thank you. Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Are you going to time yourself? Nary: No. Mr. Amar, actually, I think -- I think overall I do like the layout of it. The one concern I have is this rear common area. It's pretty hidden by all of these homes and if the intent of this path that's green on this map -- but is the intent to be a gravel path or grass or concrete or what was it supposed to be? Amer: It will be a five foot paved pathway. Nary: Paved path. Okay. Well, I guess the only issue to me -- and I don't know if you have considered this, but there is no -- there no access points north or south of this piece. This piece has -- you know, is very visual and it's right in your entranceway and there is even some light access there at least on the edges for the south boundaries. But this particular one doesn't have -- did you consider the possibility of being able to put in some sort of pedestrian access path, rather than on the end, but, actually, in the middle to this, and I recognize that that's going to change some of lot dimensions when we do that, but did you look at something like that? Amar: We did look at it and that may be a part of our storm drain conveyance in any event, that we will have to have pathways in there. I would like to point out that this common area, if we just had this spot, would be the five percent open space percent, so this is all, I guess, extra or additional above that five percent. So, the access to these -- I understand your concern, how do you get to here if you're on this street. We looked at it and -- Nary: I'm not putting it down. I like it, but -- and I like the islands. You must have been listening there the last few meetings we have had, because we have talked about islands a lot, so -- Amar: I listen and just try to give you what you want. Nary: But that's -- and, like I said, it's not, certainly, the end of the world. I just -- it appears to me that a better -- it would be better to have at least some access -- halfway types of access from the north and south, just because, again, if you look at these Meridian City Council April 6, 2004 Page 45 of 68 boundaries, these properties on these edges, it's going to be a very difficult -- and, plus, you can't see the green space, it appears -- once you put these houses around it, you're not going to see this green space at all. And all you're going to have is a pathway that, at least from the outside, doesn't appear that it goes anywhere much. So, that's -- I guess that's my only concern, is that having some access north and south into that will also provide some access and some safety escape and those kinds of things. Amar: And as I look at the preliminary plat, all of those lots currently on the north and on the south are 65 feet wide. So, to put a pathway in there now doesn't -- we don't have the room to do that. Nary: Okay. De Weerd: Any further questions? Okay. Thank you. Amar: Thank you. De Weerd: Is there anyone else who would like to offer testimony on this application? Amar: Because I brought the picture, I'm going to show you. De Weerd: Okay. Amar: This is a common area similar to what we do in many of our projects and this is one that we actually did. It's three-quarters of an acre, but it is a joint use common area and storm drain pond. So, if you look at that, it's obviously usable. There is a common -- or a jungle gym structure in there and I just wanted to show you what it looked like when it's done. The depression is very minor and slight, so I appreciate that. De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Council, if you have no further questions for either staff or applicant, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close 14 and 15, public hearings. Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council April 6, 2004 Page 46 of 68 De Weerd: Discussion? Rountree: I have none. De Weerd: Mr. Rountree: Rountree: I have none. De Weerd: Oh. Okay. Bird: I have none. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 14, AZ 04-002, annexation and zoning for Roseleaf Subdivision and include all staff and applicant comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Items 14 and 15. Sorry. AZ 04-002 for Roseleaf Subdivision. Is there any further discussion? Okay. Mr. Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 15, PP 04-001. Mr. Wardle. Wardle: Madam Mayor, I move that we approve PP 04-001, preliminary plat for Roseleaf Subdivision and include all staff and applicant comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 15 for Roseleaf Subdivision. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? Meridian City Council April 6, 2004 Page 47 of 68 De Weerd: Mr. Rountree. Rountree: Before you open Item No. 16, 1 request consideration to step down for potential conflict of interest. De Weerd: Okay. Would you like to state your conflict? Rountree: Relative is the vice-president in the bank system. De Weerd: Well, if you would like to step down, I don't think -- is there any objection to that? Nary: No objection. Bird: No. Item 16: Public Hearing: CUP 04-002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C -C zone for Farmers and Merchants State Bank by CSHQA — southwest corner of East Overland Road and South Eagle Road: De Weerd: Thank you. We will see you later. Okay. I will go ahead and open the Public Hearing on CUP 04-002, Item No. 16. I'll open with staff comments. Powell: Madam Mayor, Members of the Council -- sorry about that. This is a request -- I think it's the -- it's right at the corner of Eagle Road and Overland Road in the EI Dorado Subdivision, which, as you know, is a recent mixed use subdivision. This shares a driveway on the west boundary of the property with the adjoining lot and that will be its access until a cross -access throughout the rest of the site is developed, as you see on these, but for now the primary access will be off of Overland Road. This is the proposed eventual design. There is a drive-thru facility and that's why it's here before you tonight is because of the drive-thru. It will come through -- there are three aisles and, then, you will exit out and, as I said, this is the eventual design. That's the eventual landscape plan. And these are the building elevations for the permanent bank facility, which leads to the next issue, which is the temporary bank facility. This is the temporary bank location. And, again, it will take access off Overland Road. There is a drive-thru right at the south boundary of the site. It will come around and, again, loop around and exit. This is the temporary landscape facility. And, again, it's the -- there will be -- they will plant the median between the parking aisles and the drive aisle. And this is the temporary facility. That's the drive -up window there. We have seen this situation where they come in with the temporary bank, so that they get their name out there and you get recognition on the site and, then, while they come through with the permanent bank facility and to date we haven't seen any problems with those two uses occurring or with the temporary use occurring while the permanent facility is being Meridian City Council April 6, 2004 Page 48 of 68 constructed. This project does come forward with a recommendation of approval from the Planning and Zoning Commission. The applicant Craig Slocum with CSHQA testified in favor of the application. There was no other testimony at the Planning and Zoning Commission hearing. They did discuss five special considerations in detail and they were able to resolve those issues. So, there was no Commission changes to staff recommendation and to our knowledge no outstanding issues before the City Council. And with that I will end staff's presentation. De Weerd: Okay. Any questions for staff? Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Slocum: It is. De Weerd: Thank you. Please your name and address. Slocum: Craig Slocum, 250 South 5th in Boise, here representing Farmers and Merchants this evening. We have reviewed the staff report with our client and take no exception to any of those items. As stated at the Planning and Zoning hearing, we have had conversation with Chief Musser regarding some concerns regarding visibility of the drive-thru ATM and have no -- or take any exception to the requirements for planting as proposed by the police department. And with that would stand for any questions you may have. De Weerd: Okay. Any questions for the applicant? Okay. Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nobody jumping up wanting to testify or anything, I move that we close the Public Hearing CUP 04-002. Wardle: Second. De Weerd: It's been moved and seconded to close the Public Hearing for Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 6, 2004 Page 49 of 68 Bird: Hearing nobody jump up to have any more discussion, I move that we approve CUP 04-002 for Farmers and Merchants and to incorporate all staff and applicant testimony. Rountree: Second. De Weerd: Okay. Since I have never seen anyone jump up to discuss anything, I will go ahead and count that good. It's been moved and seconded to approve CUP 04-002. Any further discussion? Okay. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C -G zones for Equity Benefits by Equity Benefits, LLC — 2540 East Franklin Road: De Weerd: Okay. Item 17. I'll open the Public Hearing on AZ 04-001 with staff comments. Powell: Madam Mayor, Members of the Council, this is a straight rezone application, located just off of Franklin Road to the entrance -- or one of the entrances of Greenhill Estates. It's surrounded by the property that is currently owned by the school district, I believe. It's their old bus facility, but they still have their maintenance facility and their -- I think that's where they prepare their food for the -- I'm not sure. But something to do with their food services. I'm sorry. But that's not related to this one anyway, so here we go. It's a rezone. They are asking that -- they want to convert the existing home into an office use, so they are asking to be rezoned from -- or rezone and annexation from RUT in the county to C -G in the city. This is a rough layout of their proposed site plan. They would -- I'm having technical difficulties tonight. I'm sorry. They'd enter the property -- they do have room to get by the house to the rear of the property where they can do a lot of their parking requirements. The site as it is is not sufficient for certificate of zoning compliance, but there is a condition that they need to obtain that certificate of zoning compliance and we feel that they will be able to accommodate the required parking and landscape buffer requirements of the zoning ordinance. The professional and sales offices as proposed would be principally permitted use, so it would just be -- right now it would just come in for a certificate of zoning compliance once the rezone is approved. This application does come forward to you with a recommendation for the Planning and Zoning Commission. Brandon Wolf representing the applicant testified in favor. There was no members of the public that testified against it and there was a brief discussion about access to Franklin Road and the possibility of sharing driveway with Meridian Academy. The key Commission changes to staff recommendation, there were none. And to our knowledge there are no outstanding issues before the City Council tonight. And with that I'll end staffs presentation. Meridian City Council April 6, 2004 Page 50 of 68 De Weerd: Okay. Any questions for staff? Is the applicant here tonight? Do you have any comment? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wolf: It is. De Weerd: Thank you. Please state your name and address. Wolf: Brandon Wolf, 5723 Applebrook in Boise. I am representing the applicant here. We have already taken all the steps to meet the development agreement. We have already made the initiative to -- one of the major things is putting a fire hydrant in there. We have already made the initiative to get that placed and tapped into the city before they bring down the pavement. All the requirements that are being asked of us are very minor. There would be no problem. So, we, of course, are looking forward to be a part of. Meridian. Are there any questions? De Weerd: Thank you. Any questions? No. Thank you very much. Okay. Is there anyone else who would like to offer testimony on this application? Okay. Hearing none, Council, what's your pleasure? I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Item 17. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing for Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 04-001, annexation and zoning for Equity Benefits and include all staff and applicant comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 17. Any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council April 6, 2004 Page 51 of 68 MOTION CARRIED: ALL AYES. Item 18: Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C -G zone for Boise West R.V. Resort by Aaron C. Hoeft — 184 West Pennwood: De Weerd: Okay. Item 18 is a Public Hearing on CUP 04-001. I'll start with the staff comments. Powell: Madam Mayor, Members of the Council, this is a request for a 224 stall RV resort with four buildings and amenities. Of those 224 stalls -- oh, here. I'm sorry. This is in Troutner Business Park. We have seen some vacations come through on roads and easements to combine several of the properties as outlined in black to accommodate this RV park. There are currently no buildings or -- or utilities within the site. This is the proposed site plan. So, of those 224 stalls, 25 would be pull-through RV stalls and, then, 199 would be back -in stalls, as in they have to back into them. And 75 additional parking stalls are on the site. There are four buildings. This would be the main office building and there is kind of a staging area here to check those vehicles as they came in. It includes RV supplies and other convenience items and, then, there would be a modular home across from that main office where there would be a 24-hour on-site manager and also next to that is a detached garage facility where they would keep their maintenance equipment. And the fourth building is a bath facility and laundry facility toward the rear of the property. I believe there is also laundry facilities in the office, as well as an indoor swimming pool, a spa, a library, and a conference room. Through the discussions with the Planning and Zoning Commission, it was decided that the applicant would relocate this -- the bath and laundry facility to kind of a more central location and more visible as you came across the canal here over the bridge. So, it would likely be relocated in that area. Each individual stall -- and we have the pull throughs and, then, the back -ins. But each individual stall would be equipped with a tree, a picnic or dinner table, a concrete patio and full utility hookups, which include sewer, water, television, phone, electrical, and internet. This is the main office with the pool, spa, laundry and conference room. And, then, the on-site manager's home is at the bottom. And, then, the upper ones are the maintenance building. The maintenance and, then, the laundry facility. That would be on that northern portion of the site. Some of the amenities -- I have noted some of the amenities that are within the office building. There is also some outside amenities. There is a little golf area here, I believe it is, and, then, some dog runs that are kind of placed at the corners of the property and those are fenced in areas where people can take their dog, let their dog into the fenced area and so it's -- the areas are contained. They are not just allowed to run wild in those, but it does accommodate folks that are traveling with animals. This application does come forward to you with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Aaron Hoeft testified in favor of the application and he is here tonight. No members of the public testified in opposition to it. There were ten letters in support of the proposed development and the key issues of discussion regarded the average length of stay, the access to the site via Franklin Meridian City Council April 6, 2004 Page 52 of 68 Road, the dust free gravel in the parking areas and the proposed name of the development. The key -- and the applicant has been duly warned several times and it maybe an issue again tonight. The key Commission additions or modifications were that we did allow for a dust free gravel surface inside the back -- in the RV stalls, rather than asphalt. Outstanding issues before the City Council -- because of the pending vacation application, ACHD has not yet acted on this application. The staff does not believe there will be any unusual conditions imposed on the development that could not be met by the applicant. But, again, they need to wait until the street is officially vacated before they can move on the conditional use application. The only final acknowledgment of staff of the ACHD issues is that Pennwood Street does need to be constructed to Meridian Road prior to the park opening. And I believe that has been added as a condition of approval, so that would take it out to Meridian Road. Currently, the only access is from Franklin and I know that the developers of Troutner Business Park are working with the adjoining property owner to take Pennwood out to Meridian Road and Mr. Ballentyne is also in the audience tonight. And now I'll pass it over to Brad. He had issues. Watson: Madam Mayor, Council Members, something came up late this afternoon as I was reviewing this, so I'm hitting that applicant cold on this, but in the past we had required what we call assessment agreements with applications where we would make water and sewer easements up front and have them sign this agreement, so after say 18 months use they either got a refund or would invoice based on their actual water and sewer use. When this first came to us just in the preliminary stages last fall, I had our department specialist run some numbers on this with the help of the applicant and it was such a wide range on what the water and sewer assessments might be on this -- it was a matter of tens of thousands of dollars. And I think it would be in the best interest of not only the city, but the developer as well if we required an assessment agreement at -- probably prior to the first building permit on this project. So, that they actually pay for what they really used, rather than us making a wild stab up front. Again, the preliminary investigation -- it was just a huge range of what their consumption might be. They did provide us some historical use from one of their other parks, I think in Washington, and we looked at those numbers and, then, looked at some Boise city parks and it was just all over the board. So, I apologize I'm just bringing this up. I gave a verbal comment that I thought was going to be included in the staff report and it's not, so I apologize. And that's all I have. Thank you. De Weerd: Thank you, Brad. Any questions for staff? Okay. Is the applicant's representative or applicant here? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Hoeft: Yes, it is. De Weerd: Thank you. Please state your name and address. Hoeft: My name is Aaron Hoeft. My address is 2404 Stateline Road, Walla, Walla, Washington. Meridian City Council April 6, 2004 Page 53 of 68 De Weerd: Okay. Hoeft: And, basically, I have read the staff report, have no comments on that, and I'm here to answer any questions that you may have of me. De Weerd: Council, do you have questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got one question. How come it's Boise West? I just wanted an explanation. I know you have hit that already. Hoeft: It was purely marketing. When we were first looking at the property I'd tell people we were looking at bringing a park into Meridian and everybody would go, well, where is Meridian and I said, well, it's right next to Boise. Oh, okay, I know where that's at. So -- and, then, pretty much I looked at Meridian and the surrounding areas that are kind of around Boise, whether it's fair or not, kind of like Portland, Oregon, because I lived in Troutdale, Oregon, which is adjacent to Portland, Oregon. You tell people you're from Troutdale, they have no idea where you are. You say Portland, everybody knew where you were. So, that's why the name Boise is there. Looking back at it, I wish I would have said Boise -Meridian RV Resort and I still don't have a problem with changing it to that, but Boise is significant to us, because the traveling community -- you mention Boise, Idaho, and they know where that's at. They don't necessarily know the other communities that surround Boise. So, that's why the name Boise is there. Bird: Sometimes the out of towners know better than the in towners. Yeah. I figured that was the reason. De Weerd: I don't know. I have done searches before and I would be totally lost if I had another city's name where it is in the middle of a different city. I don't see that rational, because I have done these searches before and I think they would think they had the wrong park. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Hoeft, I notice in your application you said there was 100,000 square feet of grass. Hoeft: Uh-huh. Meridian City Council April 6, 2004 Page 54 of 66 Nary: But what I saw in the site plan was in little tiny patches next to each of these spaces. I mean there is no -- is there green space in this facility anywhere, is there? Other than just these little patches next to the stalls. Hoeft: The buffer areas are grassed and have trees on them, so, basically, if you look at the buffers -- Nary: But that's not a common area, is it? Hoeft: No. I didn't say common area, I just said the amount of square footage of grass that we had in the park. Nary: Oh. But I mean if you have 240 people or 240 RV's in this at one time, there is no -- there is no open space for anybody to use. Hoeft: No. They use the grass next to their stall, basically. They have a stall that's 25 feet wide for their RV for their tow or pull vehicle and with that they have a concrete patio and, then, have grass to utilize if they wish, plus a tree for shade. Nary: But don't a lot of your customers have children when they are traveling? Hoeft: The majority of our customers are elderly. There is several -- there is several groups, you might say, of people that travel in RVs. One is the full-time RV'r. They live in their RV year around. Those tenants typically are elderly people and they travel generally with a dog or without a dog. A lot of them have small pets, that's why we have facilities to help accommodate that. They don't bring children in. Occasionally their grandchildren will visit. When their grandchildren come they have got an indoor pool, a spa, a playground, and a miniature golf course. Other than that, they are contained on their site and that's typically the way they desire it. A lot of them have screens that come around their awnings to protect them from bugs and they sit out there and socialize with everybody else that's in the same predicament that they are, the same type of lifestyle that they are at, and they just walk up and down and communicate with each other and that's what they enjoy doing. They enjoy being close and they enjoy communicating. We have had a lot of people suggest we get rid of the grass and just make it all concrete and I have never agreed with that, because I like grass personally. That's what they are used to and these parks are more, actually, than what they are used to. Typically, they either have grass on all of it, which doesn't function well, because they throw carpets out and kill the grass and, then, whatever they put on the grass gets hit with the sprinklers every night, so they don't like that. We are providing concrete patios for each one, so that they can set their items on the patio, they won't get hit with the sprinkler systems at night, so they can utilize that 24 hours a day, versus grass, they will pull a chair out, use it, and, then, have to put it away. So, the concrete patios we have are really the most beneficial to that particular group. The next group we have is more of the summertime travel, which is families. Still you have retired people traveling during the summer. The families, they like more activities. That's why we have the miniature golf, we have got the play sets. The indoor pool is used heavily Meridian City Council April 6, 2004 Page 55 of 68 by the kids.The reason it's indoor so it can be used 12 months of the year, not just three or four and it keeps our maintenance down, because it's enclosed, we don't have to worry about any dust blowing in there or any leafs. Plus we got control of it, we can lock the doors, nobody can be in there at midnight swimming and disturbing patrons. And, also, those particular people, if they are coming into town, there is a lot of recreational activities right here in town and you got Boondocks, you have got the water park, you have got a lot of stuff right here in Meridian for people to come and stay and, then, go visit. We haven't had the need for big open space in the RV parks. We have a big open space in our RV park in Pasco. We have got over an acre of park. It's rarely used. We put in sand volleyball, you know, beach volleyball, we got that back there, we got basketball courts back there, we got horseshoe pits back there, we have got jungle gyms. The jungle gym is used by the young kids. The volleyball court is a lot of maintenance and it doesn't get used, so we are back there tilling it all the time keeping the sand free of weeds. The horseshoe pits rarely are used. And the basketball courts, they get used by the older kids and they tear the rims down quite frequently, but they don't use it very much. So, we have a big open space there that is not being utilized. But, yet, we have all the maintenance on that, plus it gives those kids an area to go and kind of hide, which we don't want. So, what we have got here is from building parks, maintaining parks, plus designing parks for other people, this is the latest and greatest RV park that I have designed and I have designed over a dozen of them. De Weerd: Any further questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: What's the anticipated stay? Is there any inclination or anticipation? Do you have a permanent park model set up here and those kinds of things or is it just overnight, week, two weeks kind of a thing? Hoeft: I'll address park models first. Park models are designed for year around living. They are not allowed. They are not self-contained. They have to hook directly up to sewer, they don't have holding tanks, they are not allowed. This is an RV park, not a mobile home RV park. With that being said, people will still come and stay for an extended period of time. We have tradesmen working on roads in the area, they will come in for the duration of that construction and they will stay in our park and they are great tenants. Weekends they go home to their families, weeknights they come home, they eat, they go to bed. They don't use our facilities, they don't make a mess, they are very clean, they are great tenants. And, then, you got your retired community that might move up for the summer, you might have them for three, four months, and they are great tenants, because they police it. Anybody driving fast, boy, they are letting us know and our staff is out there taking care of it. They are great tenants, too. So, it varies greatly. Obviously, we want a base of monthly tenants, although it revolves -- I say monthly instead of yearly, because we don't want them in there for years, because they can get deteriorated and we don't allow that, we have rules and regulations that Meridian City Council April 6, 2004 Page 56 of 68 they can't have storage facilities under their RV, behind their RV anywhere. They can't have dog crates set out, it has to be kept clean and free of all that clutter. That alone keeps it kind of revolving. They don't come in and set up shop for years. Rountree: Okay. Thank you. De Weerd: Any further questions? Thank you. Is there any other testimony on this application? Please come forward. Were you sworn in when you came? Rackham: No, I wasn't. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Rackham: Yes. De Weerd: Thank you. Please state your name and address Rackham: Larry Rackham, 1620 North Kinwood Place, Eagle. I own property adjacent to this and I met with Mr. Hoeft when he had an open house for the property people around. Since that time I have been investigating and knowing now what he is building there and the only question I have is the possibility of noise with the type of vehicles he's planning on bringing in there, the larger RV vehicles, and some type of shelter to protect the outside areas as they pull in and out of there or as they pull through that park. And I see that with that he's done very well with his landscaping around it and inside of it and it's a well thought out and well developed park, but I think there can be a consideration there for the outside -- I have a piece of undeveloped property in the area and not knowing what might go in there, I would want to be able to protect the possibility of that noise or that intrusion upon other people that might come into that area, as well as those that are there. There is an apartment complex in the area and there is a business park in the area. And I was just wondering what type of protection there would be for that type of noise or sound interference. De Weerd: Okay. Thank you. Any questions? Mr. Nichols. Nichols: Madam Mayor. Mr. Rackham, if I may ask you a clarifying question. Are you worried that the pickups and the diesel pushers are too noisy? What type of noise are you concerned about? Rackham: Oh, I'm not so sure it's the pickups as much as it is the larger RVs with the diesel engines that this type of park encourages. You won't find -- I imagine some of the motor homes or camping homes that they might bring in there would be diesel and would have a problem there, but when you get a 30 foot or 40 foot diesel machine going in there, having been in California recently and gone through and looked at a few of those parks myself, there is quite a bit of noise coming in there. They -- they are a Meridian City Council April 6, 2004 Page 57 of 68 heavy pieces of machinery and they are -- they are gear driven and those engines do have larger exhaust pipes in them, exhaust facilities that would cause a problem there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I make a comment? I have stayed in a couple few of these with my motor home and if there is any noise at all it would be just as they were coming in and coming out and, in fact, most of the diesel pushers -- and I don't have a diesel pusher, but -- are as quiet as my gasoline motor home and the only -- and, then, once they park and usually, you know, we have all got tow vehicles that we take along and -- to drive in and out if we are going to be there over longer than a night or two nights or something like that, so everyone I stayed in -- and I have stayed in one in Seattle that was quite a bit larger than that and it was filled up, stayed there a week, and it was -- it was very nice, very, very nice, very enjoyable and very quiet. I think you'd be surprised at the non - noise there is made by these motor homes coming in and out and travel trailers. Rackham: Well, I haven't stayed in them myself, I just went by and witnessed some of the things that I did while I was on a trip here recently after I visited with him to see just what was involved with that. I did notice the noise going in and out and that's probably the only time you will have that -- Bird: Yeah. That would be the only time. Rackham: -- as they pull in and gear down. De Weerd: Is there any further questions? Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Would you like to -- Hoeft: To address the noise issue, we have rules and regulations -- De Weerd: State your name once again. Hoeft: Oh. Aaron Hoeft. De Weerd: Thank you. Hoeft: To address the noise issue, we have rules and regulations that prohibit them from running generators and it prohibits them from sitting there and leaving their diesel engines or even gas engines, for that matter, running. So -- and there is no reason to run a generator. We have 50 -amp power at every site. They will hook up and they won't -- they won't need a generator, plus we prohibit that, and we have rarely seen somebody sitting there letting their vehicle run. They are completely powered by propane or electricity inside. They don't need to run those motors while they are parked. Meridian City Council April 6, 2004 Page 58 of 68 De Weerd: Well, I have a question. How do you provide signage to this piece of property? Hoeft: We have a map and, hopefully, these were provided for you. There will be a map of the park. There will also be road names that will be listed on the map. And when somebody checks in they get a map just like this, plus it has the rules and regulations printed on the back, along with discount coupons from local restaurants. You will show them where they are at, where they are going, how to get there. Plus point out the refuge containers, laundry, and bathroom facilities and any other facilities they may be interested in. De Weerd: And how do you get people to this? It's in the middle of a business park, it's not your typical place -- I mean I'm not like Mr. Bird who frequents these places, mine are in the middle of a forest, but are they going to find it off of Franklin or Meridian Road. Hoeft: There is several ways. The most obvious way to somebody driving down the road is there will be a freeway sign and, then, there will be directional signs telling them how to get to the park. Secondly, in national books we are already advertising in them, because we had to -- they are only published every so often, so we are already in them. It gives them detailed roads to take, plus a map that shows them exactly how to get to the park. So, although some people miss and can be somewhere else, generally, they are pretty easy to find and this one is not far from the freeway, so they shouldn't be getting lost. De Weerd: So, you won't be asking for off -premise signs or putting up sandwich boards or banners or anything like that? Nary: A hundred foot freeway sign. Hoeft: No. Bird: Just 110 foot sign. De Weerd: Well that was why I was asking the question. Hoeft: Let me tell you -- and they have got a phone on each of those and you have to call and say, hey, now where am I at? Nary: Madam Mayor -- Hoeft: You know -- I'm sorry. Nary: No. Go ahead. Meridian City Council April 6. 2004 Page 59 of 68 Hoeft: I was just going to say, as far as the name, we are seriously considering the name to Boise -Meridian, because of what you said when you do go to find something, if you're wanting to go to Meridian, you can't find it, because it says Boise when it's listed. So, if that's okay -- I don't know the procedure to go through here, but if we could change that to Boise -Meridian RV Resort versus Boise West, we would certainly like to do that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I think I'd like it better if it was Meridian -Boise. And, Mr. Hoeft, I know you have heard a lot about the name and all that. You know, Citi Bank knows where Meridian, Idaho, is and T -Mobile knows where Meridian, Idaho, is and the only local business we have seen recently that doesn't know where Meridian is is Hooters. So, I think if it was -- I think if you were considering the change, I guess the name Meridian -Boise would probably be a little bit better, but that's really up to you, we can't make you change it, but we certainly would like it more if it had Meridian first. De Weerd: Thank you. Any further questions? Bird: I got a question if I could. De Weerd: Yes, Mr. Bird. Bird: Who is your affiliation with? Let me -- who is your affiliation with? KOA or Good Sam or -- Hoeft: No. We are in Good Sam, which is Trailer Life -- or Woodall's, I'm sorry. And, plus, we are also in Trailer Life. If you go to their books, which are, you know, three and a half inches thick, actually, you will see Boise West in there in the new book, because we went ahead and did it in advance, because we know the traveling community only buys that book every few years and we know it takes several years before the community knows -- the RV community knows you're there. So, we started advertising early. And, plus, on the Internet, if you look up northwest family RV resorts, all three parks are listed in there. Bird: Thank you. De Weerd: Thank you. Is there any further questions for staff or the applicant? Discussion? As I understand it, Anna, the access out to Meridian Road needs to be established before building begins? Powell: Yes. That was staffs feeling. I believe it's a conditional of approval. I'll look real quickly. Yes. It's condition number three, Pennwood Street from Meridian Road to and abutting this site shall be constructed and approved by ACHD prior to occupancy. Meridian City Council April 6, 2004 Page 60 of 68 So, that would be prior to occupancy of the building permit for one of the buildings that's proposed a site. De Weerd: Okay. Anything else, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing CUP 04-001. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit 04-001 for Item No. 18, soon to be renamed Boise West RV Resort, subject to all staff comments and a favorable name change. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 18. Is there any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. AZ 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No 2 by Initial Point, LLC — 1295 West McMillan Road: Item 20: Tabled from March 23, 2004; Ordinance No. AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C -G zones for Kissler / Cobbs / Eaav / Ruwe by BRS Architects — southwest corner and southeast comer of North Eagle Road and East Ustick Road: Meridian City Council April 6, 2004 Page 61 of 68 De Weerd: Okay. Items 19 and 20 are ordinances. I will ask the city clerk to, please, read Ordinance 04-1073 on AZ 03-028 and the tabled Ordinance 04-1074, AZ 03-018, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1073, an Ordinance finding that Initial Point, LLC, and the owner of certain real property generally located at 1295 West McMillan Road, Meridian, Idaho, to be known as Cobblefield Crossing Subdivision No. 2 and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: And, Mayor and Members of the Council. Ordinance No. 04-1074, an Ordinance finding that Janet Ruwe, an unmarried person, Lyle R. Cobbs and Donna L. Cobbs, husband and wife, Jack C. Kennevick and Mary Ann Kennevick, husband and wife, Richard L. Jordan and Kathleen A. Jordan, husband and wife, and James A. Kissler, the owners of certain real property generally located on the south side of Ustick Road on the east and west sides of Eagle Road, State Highway 55, Meridian, Idaho, to be known as Kissler, Cobbs, Ruwe and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District (C -G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. Well, you have heard these two ordinances by title only. Is there anyone who would like to hear it read in its entirety? Thank you, Frank. I'm glad you never say yes every week. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 6, 2004 Page 62 of 66 Bird: I move we approve Ordinance 04-1073 and 04-1074, with the suspension of rules. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance on Items 19 and 20. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 21: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you, Mr. Clerk. The last item on our agenda is Item 21 and it's on the water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre -termination hearing at 7:30 p.m., Tuesday, April 6th, 2004, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer and trash bill is delinquent. You may retain counsel. Your service will be discontinued on April 7th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? They are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $10,614.60. And I guess that my only comment on this is if the City of Meridian could be taken off of Cherry Lane Golf Course whole thing, so it doesn't show that the City of Meridian is delinquent. I don't know, but we are listed on here and -- so I guess I'll walk this over to the utility billing tomorrow. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the tum -off schedule for April 7th, 2004, in the amount of $10,614.60. Bird: Second. De Weerd: It's been moved and seconded to approve the delinquency turn-off list. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 6, 2004 Page 63 of 68 De Weerd: Thank you, Mr. Clerk. Is there any other items that -- other than those that want Arbor T-shirts — Arbor Day T-shirts, please, see me. They need to be ordered by the 13th. I don't know how -- what the Council's desire is, but we may want to have a discussion on area of impact. I see there is zoning ordinance text amendment application in front of the county right now for our staff to comment on on Star's area of impact, which does move into our fire district's area of impact and I believe that Eagle is also trying to come to that line as well up on the ridge. So, we may want to have some discussion on area of impact. Bird: For the fire? Nary: Madam Mayor? De Weerd: Well, we can't afford to lose anymore of that area. Bird: Let me tell you something. I think that if you look at the ordinance -- oh, excuse me. I think if you look at the ordinance, I agree with you, Mayor, but if you look at the ordinance, Eagle, once -- if they annex, their Fire Department automatically goes with it, the same as if we annex, our Fire Department would go with it. So, there is a chance we could lose some up there. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: We have previously mentioned the request from the fire district commissioners to have a meeting -- a joint meeting with us anyway and maybe that -- we can't do it next week, but probably within the next two to three weeks at the most we can schedule that as a pre -Council discussion. We had intended to have that. That gives us a great opportunity to have that discussion with our district commissioners as well, so that -- I don't know if we have a deadline for comment, Anna, as to -- Powell: Madam Mayor, Members of the Council, I believe it's the 16th of April. Is that right? Nary: Oh. So, that would be next week, then, we need to have this discussion about comment. Powell: That would be time to get written comments for it to be incorporated in the staff report, but I don't have the date of the hearing memorized. De Weerd: The 29th. Powell: The 29th. So, we can provide testimony before, then. We could send a letter before the 16th saying that we have come prepared to have more discussion at that hearing, if you'd like. Meridian City Council April 6, 2004 Page 64 of 68 De Weerd: Well, I might share that our chief -- our fire chief has already sent a letter of concern that -- of this application and in opposition, as directed by the rural commission and so -- and he did run that letter by me, so, I guess, we do need to have some discussions on it. Nary: Council, Mr. -- or Madam Mayor? I'm sorry. De Weerd: Yes. Nary: Mr. Berg has handed me the tentative pre -Council agendas that we have and next week we are pretty well booked. We have the report from the Mayor, as well as Dr. Fralick's presentation from highway district, but on 20th right now what we have scheduled is everything really beginning at 6:00 and if the Council would like, we could begin earlier than that that night and have a joint meeting with the fire district commissioners on the 20th at either 5:00 or 5:30 to have that discussion as well and that way we could do as Ms. Powell suggested, having a preliminary written response to the county and, then, a subsequent follow up after our meeting with them. If you'd like to do that, we could get that set up. Bird: That would be my preference. De Weerd: Okay. Rountree: 5:30ish. De Weerd: Okay Nary: And they did announce yesterday that our meeting next week they announced Dr. Freilich starting at 4:30. Bird: That's right. 4:30. Nary: Not 5:00 for next week, so -- Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: And I believe -- and like I talked to Chief Bowers on this, we have got to stand behind it, but I -- I mean I -- and I understand where the other -- you know, we are not only going to have Eagle, Star is going to want it, too. I don't know who is going to wind up with the Spur Wing area. You're talking about some very high dollar taxes and stuff and it really -- it really, really can affect our rural district if they should lose it, but I, for one, would not want to see us annex something into our city that didn't have our fire and I can also understand where Star and Eagle are coming from. Meridian City Council April 6, 2004 Page 65 of 68 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe as part of the departmental report section next week, since we are, like I said, booked at the pre -Council, but we could have that as part of the discussion both from Mrs. Powell and as well as Mr. Watson, Public Works, because I think we are going to at least need some preliminary discussion about that, so that we have some idea of what our comments would be to the county commissioners regards to Eagle and Star's request and whether or not we think at least at this juncture that at some point we think we may want to annex property and I think before we can make that comment we at least need to have some understanding or whether we could even serve it if we were to do that. De Weerd: I think in years past it's been the preference that -- that that area remain in no area of impact and that was the contention, but I guess if it is the desire of the Ada County commission that it is in an area of impact, that ridge is just a natural separation that -- and I believe, also, something that limits sewer -ability for both Star and Eagle, so -- and I do know that I have been getting a phone call from property in Eagle's area of impact to get sewer to them and so I guess that is one thing, Brad, I guess, when we do bring information back, we would want to know if we would be able to sewer that area. I know it's not in our master plans, but if we would be able to. Powell: Madam Mayor, Members of the Council, could you give a little -- maybe it's because it's 10:15, but I'm not quite sure what else you're going to want as part of the department report next week, if you could be a little more specific. De Weerd: I guess that was one specific. Is there anything else specifically you would like addressed? And as well for the Fire Department to report. Anything further on details staff would need? Nary: Madam Mayor, I don't know -- I mean on the Planning and Zoning piece of that, I don't know that there is a whole lot more to add. I mean I think Madam Mayor's really hit it on the head. I mean the ridge it appears to have more of a natural boundary as a possibility. I think we have sort of used Chinden just for the fact that it's there and no other reason. But I'm not sure that there is any difficulty from planning as to whether or not the area of impact went across Chinden to the ridge or if it had to stay on the Chinden side, but I can't imagine. Powell: I couldn't either and that's why I just wanted to make sure they you weren't thinking of something that I wasn't going into. Nary: No. Meridian City Council April 6, 2004 Page 66 of 68 Powell: Could I also ask, since you're discussing pre -Council agendas, there had been discussions about bringing Mr. Venneman to speak to you about signs and I have got a brief e-mail back from Mr. Nary saying that the 13th would not work for a department report and that's fine. We just need to know when to tell Mr. Venneman to be prepared. Nary: Madam Mayor? I think I meant -- if I said department report, I really meant pre - Council, just because we were already booked for the 13th. I think -- I guess it sort of depends on you, if, obviously, pre -Council more of where we would have discussion and the 20th is already looking kind of packed as well, so the 27th is the closest. If Mr. Venneman thinks it's more of a discussion item, rather than just a report, that's probable the closest we could even shoot for. But I don't know -- I guess -- I think what I thought I read in your e-mail was that he was looking for some direction about the signage issues and how to address some of those things and I guess I'm not -- not sure as to whether or not a department report area would -- would be adequate. We could probably -- again, that's up to the Mayor on whether or not to do that sooner. De Weerd: Mr. Nary, I guess Council requested that Mr. Venneman come and talk about the sign ordinance and why on earth we have so many temporary signs everywhere and they are starting to be prolific and offensive, so -- Nary: And not that we have prejudged any of that. De Weerd: I have. Nary: She doesn't vote. De Weerd: I don't vote. But I guess a department report or if ACHD has moved Dr. Fralick to 4:30, we could always have him come in at 6:30 next week. Nary: Could try. De Weerd: And have some initial -- I guess Council wants it -- from what I understand when this was requested to come back, wants to have a better idea of why all these signs are being allowed and if it's something in the ordinance that needs clarity, if it needs better enforcement mechanism, if it's -- one of the comments we heard is that fines are not very high, that sometime the sign benefits certainly outweigh the fine that is tied to that. So, I guess those are the items that I heard that we wanted him to come back with. Is that a correct summary, Mr. Rountree? Rountree: Very good. I'll own up to asking the question and that's the issue. De Weerd: Well, I think you started something and it's made me certainly notice a lot more and I don't know if the signs are just getting more florescent or not, but I am starting to notice them a lot more. Powell: So, I will tell him 6:30 pre -Council agenda on the 13th? Meridian City Council April 6, 2004 Page 67 of 66 Nary: Yes. De Weerd: Yes. Powell: Thank you. De Weerd: Okay. Thank you. Now, Will also had e-mailed you on the ITD survey. He did -- we did hear back. Will had e-mailed ITD or AIC and asked them what the intent was. They said that if we all had similar thoughts, we could collectively do one, that's what they would like to see, but if there was some different opinions, that we would each fill out our own. And I'm sure Mr. Rountree has a different opinion than some of us. Rountree: I'm asking the questions. De Weerd: So, would you like to collectively fill this out or would you prefer to fill out your own? Bird: Collectively. De Weerd: Collectively? Nary: Here. Here. De Weerd: Okay. So, do you want me to fill it out and you can look at it? Bird: I would prefer that, Mayor, on my part. De Weerd: Okay. Nary: It sounds like unanimous consent. De Weerd: It kind of sounds like the train just hit the depot. Bird: You just volunteered. De Weerd: Okay. Mr. Nary. Nary: My last point is I don't know who arranged all the pictures in the room, but I like it. I think it looks very nice to have the mayor pictures more visible than behind the lamp and behind the plants and so I think it looks very nice how it's been re -arranged. Bird: If they were level. De Weerd: Meg Peters came in and did it and so -- Meridian City Council April 6, 2004 Page 68 of 68 Bird: Tell Meg to level -- get a level. Nary: That's on the record. Bird: On the record. I will tell her. Nary: I appreciate the effort someone made that I didn't have to do and I think it looks nice. De Weerd: All the print those minutes and submit it to Meg Peters. Nary: Well, where is the blue banner? Where did it go? De Weerd: It's out in the -- Nary: It's in the hallway? De Weerd: -- foyer above the bench. Nary: Okay. Great. Bird: The only thing I miss is our two monstrosity calendars. De Weerd: Well, you have calendars right in front of you. I always see you guys using these, not those. Nary: I can't read them from here anyway. De Weerd: But Will has them. If we need to put them up, we can. Nary: It looks very nice. De Weerd: Thank you. Okay. Is there anything further the good of the order? Nary: I would move that we adjourn. Rountree: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:32 P.M. Meridian City Council April 6. 2004 Page 69 of 68 (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAK49Y DEWEERD Orr m me ATTEST: p 412©i0¢ DATE APPROVED BEAL = JR,ttrrR CLERK %7OTist 1 COUNTY