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HomeMy WebLinkAbout2004 04-13Revised April 10, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers Roll -call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: by Dave McKinnon 3. Community Invocation by Alex Chamberlain, St. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: 7-A. Tabled from April 6, 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: Approve as Amended 7-B. Tabled from April 6, 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: Approve 7-C. Tabled from April 6, 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: Approve D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C -N zones for Meridian City Council Agenda —April 13, 2004 Page 1 o£5 All materials presented at public meetings shalt 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. Revised April 10, 2004 proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve E. Findings of Fact and Conclusions of Law: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C -N zone for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 03- 067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 03- 072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises - northeast corner of South Progress Avenue and Central Drive: Approve as Revised H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 025 Request for annexation and zoning of 57.84 acres from RUT to C -G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: Table to April 20, 2004 reement for Professional Services for Microbial Evaluation of 89 Street Office Building (Water Department) with Summit Environmental Inc.: Approve. J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: Approve K. Meridian Road 1 McMillan Road Water Line Design Contract with Keller Associates: Approve L. Approve Beer. Wine, and Liquor License Renewals: Approve Meridian Bowling Lanes - Beer & Liquor A New Vintage Wine Shop - Beer & Wine Harks Corner - Beer & Wine Corona Village - Beer & Liquor Fred Meyer #198 - Beer & Wine Texas Roadhouse - Beer & Liquor Meridian City Council Agenda —April 13, 2004 Page 2 of 5 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. Revised April 10, 2004 Maverick Country Store- Beer Bill N Lynn's Place — Beer & Liquor Goodwood Barbecue Company — Beer & Liquor Big Smoke LLC — Beer & Wine JB's Restaurant— Beer & Wine 6. Department Reports: A. Planning and Zoning Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement: Nothing (Presented at Pre -Council) B. Public Works Request to Purchase Water Meter Radio Read Equipment: Approve C. Mayors Office: Employee Awards for Service Program: Approve to move $3,000.00 for this (Items Moved from Consent Agenda) 8. Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisbury Subdivision No. 2 AZ 03-036 I PP 03-042 by Earl, Mason, and Stanfield, Inc.: Approve 9. Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2 by Earl, Mason, and Stanfield, Inc. — south of West Ustick Road and west of North Meridian Road: Resend 10. Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-8 zone for proposed Salisbury Subdivision No. 2 by Earl, Mason and Stanfield, Inc. — south of West Ustick Road and west of North Meridian Road: Resend 11. FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L -O zone for Sanecrest Subdivision by Dirk L. Marcum and Michael Riggs — south of East Overland and east of South Locust Grove: Approve 12. FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Meridian City Council Agenda —April 13, 2004 Page 3 of 5 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. Revised April 10, 2004 Subdivision No. 2 (aka Kelly Creek) by Kevin Howell — north of West McMillan Road and west of North Linder Road: Approve 13. FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No. 3 by Sutherland Farm, Inc. — east of South Eagle Road on the south side of the Ridenbaugh Canal: Approve 14. Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 15. Continued Public Hearing from March 23, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 16. Continued Public Hearing from March 23, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 17. Public Hearing: MI 04.003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron — north side of East Franklin Road and east of South Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2 '/a Street: Re -Notice for new Public Hearing 19. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi -family development consisting of 1 Meridian City Council Agenda — April 13, 2004 Page 4 of 5 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 April 13 2004 The regular meeting of the Meridian City Council was called to order at 7:18 P.M., Tuesday, April 13, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Anna Powell, Craig Hood, Brad Watson, Bill Musser, Gary Smith, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. It's Tuesday, April 13th. Would like to welcome you all here with us tonight. We will start with Item No. 1, roll -call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance and we will ask Dave McKinnon to lead us. (Pledge of Allegiance recited.) Item 3: Community Invocation by Alex Chamberlain, St. Luke's Chaplain: De Weerd: Thank you, Mr. McKinnon. Usually, we do have Boy Scouts lead us and since he was the next closest thing -- thank you very much. One of -- you have now participated in one of the additions to our regular agenda is the pledge of allegiance. Item No. 3 is our community invocation. We added this to -- as also to enhance our meetings, put things in perspective. We have asked faith of all walks to lead us and be a participant in this part of our agenda and so have made an effort to reach out to all of the belief systems to be represented and to involve them in our community as they bring resources to our community that will help us make Meridian the best place to live. With us tonight is Alex Chamberlain, he is St. Luke's chaplain. Will you, please, join us. Chamberlain: I must say, it's a pleasure and an honor to be in your house and I'm sure you'd rather meet me here than in my house. De Weerd: Yes. Meridian City Council Regular Meeting April 13, 2004 Page 2 of 30 Chamberlain: Let us pray. In this season of spring, we thank you, our God, for love and for life and for all the new life we see in creation in this time of year. We thank you for the rain that is now fallen and pray that it gives hope to those who earn a living from the land. We pray your blessing on tonight's meeting, that this Council will be open not only to the fresh starts and new beginnings that come in nature, but the creativity that you foster among individuals and groups when they look in your direction. Help these Council members listen to the whispers of your spirit and provide leadership for the community, as they try to anticipate growth, with all the challenges and opportunities that this involves. Alongside the growth, Lord, help them to hold fast to core values and traditions that make this town such a worthwhile place to live. Help them honor the needs of the elderly, as well as the aspirations of the young. May those who come to speak do so with openness and conviction. May those who listen do so with attentiveness and respect. And may all who come away from the meeting do so with a sigh of satisfaction and the knowledge that their services to the community involve time and commitment well spent. We pray in the name of the Lord, the One who loves us best, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you very much. Okay. Item No. 4 -- Alex, generally we give our guests a city pin and I assumed in my absence when you were here last time that you were presented with one of our very coveted watertower pins. So, thank you very much for joining us. Thank you. Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some on the Consent, which I'll do when we make the motion on the Consent. But on our regular agenda, Items 14, 15, and 16 need to be tabled to 4/20/04. And Items 18 and 19 needs to be tabled to 4/27/04, because they were improperly noticed. So, I think we have to have -- can they do it the 20th? Berg: Madam Mayor, Members of the Council, they will just be re -noticed and we will put them on another agenda. It will probably be in May the soonest we can do it with the 15 -day notice. Bird: So, I change that to just a date uncertain at this point. Berg: Yeah. They just were not noticed properly, so they are not really able to have a public hearing. Bird: And what's the resolution number, Mr. Clerk? De Weerd: Item 20. Wardle: 04-428. Meridian City Council Regular Meeting April 13, 2004 Page 3 of 30 Bird: Okay. That's Item No. 20. With that, I would move that we approve the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to approve the agenda as revised. All those in favor say. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C -N zones for proposed Cedar Springs Professional Center by Kevin Howell — north of West Ustick Road and west of North Meridian Road: E. Findings of Fact and Conclusions of Law: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C -N zone for proposed Cedar Springs Professional Center by Kevin Howell — north of West Ustick Road and west of North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar Springs Professional Center by Kevin Howell — north of West Ustick Road and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises — northeast corner of South Progress Avenue and Central Drive: H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 025 Request for annexation and zoning of 57.84 acres from RUT to C -G zones for Blue Marlin by W. H. Moore Company — northwest corner of East Ustick Road and North Eagle Road: I. Agreement for Professional Services for Microbial Evaluation of 8th Street Office Building (Water Department) with Summit Environmental Inc.: Meridian City Council Regular Meeting April 13, 2004 Page 4 of 30 J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: K. Meridian Road / McMillan Road Water Line Design Contract with Keller Associates: L. Meridian Bowling Lanes — Beer & Liquor A New Vintage Wine Shop — Beer & Wine Harks Corner — Beer & Wine Corona Village — Beer & Liquor Fred Meyer #198 — Beer & Wine Texas Roadhouse — Beer & Liquor Maverick Country Store- Beer Bill N Lynn's Place — Beer & Liquor Goodwood Barbecue Company — Beer & Liquor Big Smoke LLC — Beer & Wine JB's Restaurant — Beer & Wine De Weerd: Item No. 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move on the Consent Agenda that Items A, B, and C be moved to 5-A, 5- B, and 5-C, that Item G needs to -- we have a typo in it. It's a CUP for a drive-thru and it's shown as a nursing home. So, if we would make that note and have the papers changed, the attorney says that we can do it and keep it on the Consent. And Item H needs to be tabled to 4/20/04, because we do not have the findings. And with that, I would move that we pass the revised Consent Agenda and the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with the noted changes, in particular Items A, B, and C to be moved to the regular agenda. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning and Zoning Meridian City Council Regular Meeting April 13,2004 Page 5 of 30 1. Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement: De Weerd: Thank you. Okay. Item 6 is Department Reports. Planning and Zoning. We are -- oh, I'm sorry. Item 5. 1 passed right by it. Bird: No. You're fine. Rountree: Seven. Bird: Seven. I made a mistake, Tammy. I couldn't read. It was seven. De Weerd: Okay. Bird: Move those to 7-A, B, and C. De Weerd: So, that was five. Okay. Department Reports. Is there any further discussion or action needed on the sign ordinance? Powell: Madam Mayor, Members of the Council, I believe that was just a duplication error. Berg: It was in case of running out of time. Nary: In case we ran out of time on the pre -Council, so -- Powell: Okay. So -- Nary: The clerk doesn't make errors. Powell: I should have known. De Weerd: Okay. If there is nothing further -- Powell: Unless the Council would like to give further direction I can -- okay. B. Public Works 1. Request to Purchase Water Meter Radio Read Equipment: De Weerd: Item B from Public Works, request to purchase water meter radio read equipment. Watson: Thank you, Madam Mayor, Council Members. I trust that you have a memo, dated 418 from me in your packets, along with some other materials attached to that. I'll just briefly describe this and, hopefully, you have had a chance to read that and if you Meridian City Council Regular Meeting April 13, 2004 Page 6 of 30 have any questions you can certainly ask those. What this is, is an opportunity to go to an automatic -- an automated meter reading system. It's called radio read. I guess that's a slang. But it's a computer that is housed in a van that drives down the street reading meters as it goes. We were probably going to propose this as part of our FY05 budget enhancements anyway and include it in our currently strategic plan update, but the vendor that sells these systems, who is the same vendor who we buy our meters from anyway, has given us until April 30th -- I guess what you would call a discounted starter kit deal that would save us about 7,000 dollars. The starter kit would include some computers -- a computer, some software, and it would also include 50 meters that would have the radio transmitters for them. So, in the interest of saving 7,000 dollars, we thought we would come to you ahead of next year, because we really think this is the way we are going anyway. There is an economic analysis attached to this memo that shows the increase of meter readers that will be required over the years. In fact, next budget year we either need to move to this radio read system or hire a fourth meter reader. The analysis shows -- looks like about six -- it shows six full-time meter readers in 20 years. We are currently at three. This economic analysis was just an exercise to show that the technology cost would be less than the labor cost over that 20 -year period. According to the analysis that our staff engineer Lynn Grady did, the cost savings would be around 700,000 dollars and, as 1 state in that memo, the actual out-of- pocket savings that the city would see is nearly 1.9 million. However, the flip side is that with the meter reader that the builder, as part of the building permit, they would be required to pay I think it's 90 dollars per meter to equip it with the transmitter. So, we tried to look at it on a community -wide scale, what the savings would be to the community, both builders and the city, and that's that 700,000 dollar figure. The one other thing to point out in this packet is we do have a letter -- I asked civil science engineers to take a look at this system that we are proposing. They had some experience with it down in Utah and he gave it -- I guess I would consider a glowing report. So, with that I will entertain any questions. De Weerd: Council, do you have any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Brad, the 23,000, is there already money available in the budget and is there something else that's not going to get purchased with that, if we purchase this now? Watson: Council Member Nary, I was going to touch on that and I forgot. Thank you for reminding me. Nary: Oh. Okay. Watson: I talked to Rick Clinton, our superintendent, and we have a base budget figure for meter sales and meter purchases every year and given the building growth, building rate this fiscal year for -- we are going to be way over both the revenue and the meter purchases for this year, so even if we don't do this, our actual meter costs will be Meridian City Council Regular Meeting April 13, 2004 Page 7 of 30 negative. I mean we are going to go way over budget on meters this year. Conversely, we are going way over budget on meter sales revenue as well, so, I don't know, the short answer is there is not a specific line item designated for this equipment right now, other than meter purchases. Nary: Madam Mayor, one more question. Brad, in the first paragraph when I'm reading it, is the savings to the city that you're trying to say in here 710,000 dollars over a 20 year life term or with the current -- it says with the current population projections through 2023, so over the 20 years, you really think it's an actual savings of 1.87 million dollars. Those are fairly diverse numbers. And, then, in the last line I assume it's just a typo, because it says: However, the 710 thousand million figure is the actual savings. That would be a great savings, but I think that's probably a typo. Watson: That's a military budget. You're right. That last million definitely should not be in there. The 710,000 is the savings to the city and the building community combined. This is almost a transfer of costs from the city to builders, because they are buying this automated radio transmitter with their meters, so rather than us paying for labor, they are paying for technology. That out-of-pocket to the city, we projected almost 1.9 million. Nary: Okay. Great. Thank you. De Weerd: I guess this follows the message we heard earlier from Dr. Freilich to start looking at how growth can pay for itself. Any further questions? Bird: I have none. Rountree: None. De Weerd: Okay. Do we have any motions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for radio meter reading in the amount 23,000 dollars. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the request from Public Works. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor's Report Meridian City Council Regular Meeting April 13, 2004 Page 8 of 30 De Weerd: Thank you. Under the Mayor's Report I just had a follow-up from last week. In front of you you have approximately 65 employees who have reached different milestones in their longevity to the city. Noteworthy are at 25 years. I believe it's Lieutenant Trackel and also -- also in the police department Gene Moore is at 30 years. I have attached also the program that I'm recommending to City Council. Also consistent with the report you heard tonight, you have an idea of the different levels of service at five, ten, 15, 20, 25, and above. So, it's not 25 plus, it's at five-year increments. But it represents -- my request is for a 3,000 -dollar line item to implement our longevity. Also, I have talked to you all about bringing our employees who could join us at a City Council meeting to present certificates of appreciation for their years of service to the city at City Council meetings and I would like to do that quarterly. Bird: Sounds like a winner. Have you got the -- the 3,000, you got it in your budget or do you want -- do we have to take it from ours? De Weerd: Well, we had money for employee incentives left over in that one line item and I'm not sure which budget the left over money is. Bird: Is 3,000 going to cover it, Mayor? De Weerd: Yes. Bird: I would move, then, that we approve taking 3,000 out of the left -over employee benefit fund and purchasing recognition awards for years of service. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve a years of service program in the amount not to exceed 3,000 dollars. Is there any further discussion? Okay. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) A. Tabled from April 6, 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: B. Tabled from April 6, 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 Meridian City Council Regular Meeting April 13, 2004 Page 9 of 30 Development, LLC — south of East Ustick Road and east of North Eagle Road: C. Tabled from April 6, 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: De Weerd: Thank you very much. I will try and get our first tier employees within the next month and a half or two. Okay. Item No. 7 are the items removed from the Consent Agenda, A, B, and C. I will ask staff to comment. Or is it Mr. Nichols? Nichols: Madam Mayor, Members of the Council, the applicant has asked that we modify -- it's one of those things that once lawyers get looking at it, they get a little nervous about. On a commercial property on the Bryson property that was part of this annexation, there were two old homes and there is a standard condition that they are -- everything is to be disconnected from the well and septic and so forth and in the past we have allowed, under these sorts of circumstances, the homes to remain with their existing well and septic, because, eventually, they will be razed and the new development that goes in will, of course, have to have those city services. So, the applicant has asked that we modify that standard condition to except out those two homes on the Bryson property, because of what will happen in the future, rather than to make them hook up a home to city water and sewer and, then, just have to tear it down later. So, that's their request. So, we would need to amend the findings to make that change. De Weerd: Okay. Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I'm looking at the right one, Mr. Nichols, it's to adopt the recommendation of Meridian Planning and Zoning Department, page four of 26, it looks like it's number one and maybe number two? Nichols: Yes. Nary: Okay. Did they give a time limit? I guess I don't have a big concern. I think the intent, though, is that those are going to move along and development is going to occur and something's going to happen and we are not just annexing property that's going to continue to be residences for a lengthy period of time. So, did they give any indication as to what time period they were looking at? Meridian City Council Regular Meeting April 13, 2004 Page 10 of 30 Nichols: Councilman Nary, they did not, but perhaps Ms. Stiles may have more information on that. De Weerd: Ms. Stiles, would you like to answer that? Please state your name and address. Stiles: Sheri Stiles, Engineering Solutions, 150 East Aikens Street, Eagle, Idaho De Weerd: Thank you Stiles: The houses that are there are -- I don't know if you have seen them, but they are not likely to stay there for long. The property is far too value and with the Winston Moore and all of the surrounding annexations on that corner, I'm sure you're going to see Mike Cavin's 40 acres come in on that northeast corner of Ustick and Eagle. But I don't have a time line. They really don't have any plans of what they are going to do with the property. All I can say is common sense tells me that that's not going to remain for long. They are going to have to -- you know, I would think that some of the homes -- the homes would be in such disrepair that they might require a building permit and at that point they wouldn't be able to get one, so -- De Weerd: Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I don't know if it's a question. I guess who can tell us, that would be, I guess, the question, because I wouldn't have a concern in removing or at least modifying that condition to set some time limit, but I want to know what's reasonable and I agree with what you're saying, is that it's probably not very long, but it's not very long -- 90 days, is that -- 180 days? Is that a year? Or is that five years? I don't know what they think is reasonable and I don't know what the property owners think is reasonable. So, that's what I'm struggling with. I don't have -- I mean it makes perfect sense what they are asking. It seems silly to hook these homes up to the sewer and to the water, when in some fairly short period of time they are probably not going to be residences any longer, but I just don't know what that is and I wouldn't -- at least for me, I wouldn't agree to remove it or amend it, unless I knew that it was a fixed period of time and I just don't want to pick a number out of the air and I'm sure you don't either, Ms. Stiles, because that's not fair to your clients, but I don't know what their expectation is and so maybe that's -- that's something we could have before we amend it, rather than us picking an arbitrary number. Stiles: I don't think they will be able to give you a number, you know. Offers are made - - it could be 90 days, it could be two years. I don't know, but -- Powell: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page i l of 30 Stiles: It's a big expense for those people, but just -- that, actually, just helped get the Redfeather Estates Subdivision annexed and to expect them to hook up, like 7,000 dollars apiece, when the services will have to be removed and -- new services, because they won't have the right connections, I cannot give you a number. I wish I could, but I can't. De Weerd: I guess what Council has been asking is maybe they can't give a number, but give a time frame. I know we have had several septic systems displaced because of right of way and road improvements and we have put conditions on them that they have to hook up within a certain time period and so I think it's been -- Nary: Only once. De Weerd: Only once? Nary: Yeah. Only once. De Weerd: In the last five years? Nary: Right. Only once have we done that and the last one that came, I don't know, two weeks ago, three weeks ago, we said no, that it would have to hook up. So, I mean I understand your dilemma, I really do, and I understand the reason that Redfeather is here is because those people were nice enough to let their property be included, but we can pick an arbitrary number, but they may not like it. Stiles: Excuse me. Madam -- I'm just not used to seeing you there. It's weird. De Weerd: That's all right. Neither are they. Stiles: Maybe Brad could shed some light on it or give you his opinion of -- I did talk to him today and he agreed that it's generally understood when they make that comment, that it's upon redevelopment of the property and not the day they get annexed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One thing to bring to light is once these are annexed and zoned, they go commercial, they are going to start paying commercial taxes. I don't think they are going to have those houses there very, very long. I would have no problem with two years. I don't know how the rest of the Council and, Mr. Nary, how you guys feel about that, but I would have -- I don't see setting a couple of houses -- old houses out there when they are paying commercial tax, which they will once it's zoned and annexed. De Weerd: Brad, did you have anything to add? Meridian City Council Regular Meeting April 13, 2004 Page 12 of 30 Nary: I think Anna did. De Weerd: Oh. Or Anna. Watson: Sorry. Madam Mayor, Sheri and I did speak and it sounds like we need to clean that comment up a little better and make it a little more specific, but I don't know that we necessarily want them hooked up, but I would -- two years, that's what was clicking in my head, that it seems like that corner is going to go pretty quickly and, If I'm not mistaken, if there was latitude for staff, when that two years did elapse, maybe the applicant could come back in, if the plans were in, you know, and they weren't quite ready at that point, if there is some -- you know, Mr. Nichols could probably speak to that if there was some latitude of when that expires. But, anyhow, that's my only opinion. De Weerd: Okay. Anna. Powell: Madam Mayor, Members of the Council, we had a similar issue come up on a small rezone that didn't have a development plan, it was in a very similar situation, it was the Cortabitarte piece. I don't know if you remember that. And I think we came up with pretty good language on that one, where it was tied -- and I don't remember the specifics, but, as I recall, it was tied, I think, to the concept plan for the commercial development and at that point it would need to be removed and that might be a good solution for this one as well. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Members of the Council, on the Cortabitarte, I don't think that one was sewer. There was a problem with where the sewer would need to be run, so I don't know how good of an example that is. We could put together a two year limitation, if it's your motion, that allows for a one year extension that at the discretion of staff, if good cause is shown, something like that. That gives staff some flexibility if the plans are in. And we probably would say the city engineer specifically. De Weerd: Okay. Any further comment? Okay. I would entertain a motion on these three items. Mr. Nary. Nary: Oh. De Weerd: You have been elected. Nary: Well, I guess, then, I would move that we amend Condition 12-B of the Findings of Facts and Conclusions of Law that have been prepared to indicate, under sub one, that removal -- where it says removal of any domestic wells and their septic systems must be accomplished within two years of the approval of this -- of these findings and maybe be extended by an additional year by the city engineer due to extenuating Meridian City Council Regular Meeting April 13, 2004 Page 13 of 30 circumstances -- and Mr. Nichols can probably put some additional language as to how to define those extenuating circumstances to assist the city engineer in making that determination. I think Mr. Watson indicated things like the plans have been submitted and it's pending a signature and that type of thing and I think that's the only provision we need to amend. Bird: Is your motion approving the other two, too? Nary: And the motion is, therefore, to amend and approve, then, the items that were tabled 5-A -- or now 7-A, 7-13, 7-C and this would be the amendment to AZ 03-021. Wardle: Second De Weerd: Okay. It's been moved and seconded to approve 7-A, B and C for Redfeather Estates Subdivision No. 2. Mr. Nary, would you like to restate your motion? Nary: I'm sure Mr. Willis can if we need to. That's why he writes it down. De Weerd: Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 8: Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisbury Subdivision No. 2 AZ 03-036 / PP 03-042 by Earl, Mason, and Stanfield, Inc. : Item 9: Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2 by Earl, Mason, and Stanfield, Inc. — south of West Ustick Road and west of North Meridian Road: Item 10: Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-8 zone for proposed Salisbury Subdivision No. 2 by Earl, Mason and Stanfield, Inc. — south of West Ustick Road and west of North Meridian Road: De Weerd: Thank you. Okay. Items 8, 9 and 10 are requests to reconsider a finding or a motion from the Council and remand applications back to the Planning and Zoning Commission. I guess I would ask for comments from staff. Powell: Madam Mayor, Members of the Council, I believe you have gotten probably a lengthy letter from the applicant Mr. Wood regarding the efforts he's made in the past few weeks since the project was denied. I do have a picture of the proposed redesign Meridian City Council Regular Meeting April 13, 2004 Page 14 of 30 and he has met with the neighbors. There is -- there has been quite a bit of movement on resolving the Venable Lane issue and staff is at a point where they feel confident that we can address the Venable Lane issue on a piecemeal -- as each development comes through. It's at a point where we can solve it now incrementally, rather than having them come in all at the same time. So, it is, of course, your decision on whether or not you want to reconsider it. We did feel that they have made substantial amount of progress and have a much better design. De Weerd: Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Having reviewed the letter, I do believe that the applicant has met some of our concerns -- the majority of our concerns. Although they didn't do that in the pre - application process, I think they have done a good job of doing that with the neighbors, meeting with the neighbors, and especially cooperated with the adjoining property owners to work the Venable Lane issue out. So, certainly, I would be in favor of remanding this to the Planning and Zoning Commission. Bird: Is that a motion? Wardle: I would -- Madam Mayor? De Weerd: Yes. Wardle: -- move that we remand to the Planning and Zoning Commission AZ 03-036 and PP 03-042, Salisbury Subdivision No. 2. Bird: Second. De Weerd: Okay. It's been moved and seconded. Mr. Nichols has discussion. Nichols: Madam Mayor, if the motion and the second would also agree to rescind the denial as part of that, because that's currently your motion. Wardle: Yes. Bird: Yes. De Weerd: Okay. The motion is to rescind the denial and remand applications AZ 03- 036 and PP 03-042 back to Planning and Zoning. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council Regular Meering April 13, 2004 Page 15 of 30 MOTION CARRIED: ALL AYES. Item 11: FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L -O zone for Sagecrest Subdivision by Dirk L. Marcum and Michael Riggs — south of East Overland and east of South Locust Grove:\ De Weerd: Thank you very much. Okay. Item 11 is FP 04-019 for Sagecrest Subdivision. We will start with staff comments. Powell: Madam Mayor, Members of the Council, this is -- was -- this has had several names. This was originally part of the resolution subdivision. It came through the process as Maverick Subdivision. It's final name, we think, is Sagecrest Subdivision. This was the multi -family and office development. This is a copy of the preliminary plat, just the site plan. The plat itself was completely illegible, so we didn't put the preliminary plat up here. This is the final plat and you can kind of tell, it does substantially comply with the approved preliminary plat. I believe that Briggs Engineering and staff were able to work out the bugs and the conditions of approval prior to the publication of the listed conditions, so they are in agreement with the conditions. De Weerd: And so the applicant is in agreement with all of the staff comments? Powell: He is nodding his head in the affirmative. De Weerd: Okay. Council, do you have any questions for staff or the applicant? Bird: I have none. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-019, final plat for Sagecrest Subdivision. Bird: Second. Rountree: Second. De Weerd: It's been moved and seconded to approve Item No. 11. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council Regular Meeting April 13, 2004 Page 16 of 30 Item 12: FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Subdivision No. 2 (aka Kelly Creek) by Kevin Howell — north of West McMillan Road and west of North Linder Road: De Weerd: Okay. Item 12 is FP 04-020 for Fulfer Subdivision No. 2, aka Kelly Creek Staff. Powell: Madam Mayor, Members of the Council, this came through the process as Kelly Creek Subdivision. Its on the north side of McMillan. This is the approved preliminary plat. The area of the final plat, if you look at that large open space there, it's located there. My red circle is kind of small today. Sorry about that. So, that is the general location of the preliminary plat. You may notice that the open space is a little bit smaller there than is shown on the preliminary plat. That's just a platting issue and an ownership issue. The staff report did point out that they had lost some open space and they do plan on gaining that in a future phase of the subdivision. I was looking around the audience and I don't see a letter from the applicant. To my knowledge, they are in agreement with the conditions of approval, but I don't see a letter and I don't see an applicant, unless this gentleman here in the blue shirt now works for JUB. So, I'm not sure what to tell you as far as their agreement with the conditions of approval. I did check with Steve and he didn't say there was any outstanding conditions. Mr. Fluke usually shows up at the hearings, rather than provides a letter, so I didn't anticipate seeing a letter, but -- De Weerd: Anna, how is that phase connected? Is it — Powell: I believe it -- I'm sorry. I believe it ties into the -- there is another subdivision just to the east and I forget which one it is. I'm sorry. But I believe that that's how they are coming in. To the west. To the west of it. Sorry. Bird: Well, then, that would be Lochsa. Powell: Is that Lochsa? Bird: That's Lochsa, isn't it? Powell: So, I believe they are coming in this way. De Weerd: No, that's -- that's the lower part -- Bird: That's his upper part of Bridgetower across -- Rountree: It's Bridgetower. Powell: This is number two, so there was a previous phase. I believe the previous phase was -- I don't know. Meridian City Council Regular Meeting April 13, 2004 Page 17 of 30 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Powell, I mean when is that big common area going to be done, then? Is that -- is any of the area that they have done so far have that common area that's in the center or is that phase 12? Powell: I don't know their phasing plan offhand. It was an ownership issue, so it may be that they don't go to the second southern ownership until a later date. This is the this does start at the north end -- the northwest end of the property and go down, so and I apologize for not knowing where phase one is. Nary: That's okay. De Weerd: It's not by me, but -- Nary: Madam Mayor, one follow up. I was going to say, I mean even though they are not here to tell us if they agree or not with the conditions, the condition is all right from your perspective and the Public Works Department's perspective? Powell: Yes, sir. Nary: Then, I guess they can live with it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have a problem with that, unless Anna is pretty sure there is no problems with the owner of approving a final plat. If we table it, they will learn to either get a letter or be here, unless there isn't anything controversial that Anna knows of as staff. Powell: Madam Mayor, Council Member Bird, I had about a five minute overlap with Steve today in the office. I know that at least two e-mails went back and forth between Steve and Darin, so I know that they were coordinating today. I don't -- you know, I did get a chance to ask Steve if there was any outstanding issues. He did not indicate that there were any. I think that if you want to teach Mr. Fluke to either send a letter or show up, that would get his attention, but I don't think it's necessary in this case. I mean I think he did coordinate with Steve. It's not like they didn't -- as if they didn't talk today, but -- Bird: Okay. Well, that's -- Nary: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page 18 of 30 De Weerd: Mr. Nary. Nary: And, Council Member Bird, that's partly why I asked the question, too. I mean as long as -- if we are comfortable with it, I guess the other way to send a message is if they had a problem, they should have come and told us. Bird: That's right. Nary: As long as we are okay with the conditions and they meet our need and such. Bird: And I agree with you, Councilman Nary. As long as our staff is comfortable, then, I'm comfortable. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing that, I move that we approve FP 04-020, final plat for Fulfer Subdivision No. 2. Nary: Second. De Weerd: It's been moved and seconded to approve FP 04-020. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea MOTION CARRIED: ALL AYES. Berg: Madam Mayor, just a point. Darin's usually pretty good about responding and we did have some problems with our e-mail today, so I don't know if we might have not connected, but I had not seen anything on my file this afternoon. De Weerd: Okay. Anna, I guess just one thing on our final plats. There are some subdivisions that are building out and I guess I would like to see us start paying a little attention on the phasing to the -- how traffic -- where it's going and I know in applications we pay attention to how many homes can be built before another access is utilized, but how well do we track when another subdivision connects to that, that might be exceeding that number of houses pouring out onto one access. I know I'm not articulating that very well, but I guess when we get these phasing to see how they are connecting with the rest of the picture. Powell: Madam Mayor, Members of the Council, I do think that is an appropriate information item to ask for, that we could -- as we are redoing our applications I think there is a lot of information that would be very helpful that they can provide fairly easily. I mean they know which ones they have platted and can provide us that information Meridian City Council Regular Meeting April 13, 2004 Page 19 of 30 and, generally, they know what's around them as well. I can look at having that -- bring that issue up. De Weerd: Yeah. I know this area is just building out a lot faster than a lot of people had anticipated and so it would be helpful to see how everything is connecting. And it might even be more helpful to our safety services as well. Powell: So, would you like to see just the facing within that subdivision, how it relates to access to arterial roads or just phasing in that subdivision and all the -- a glimpse of the surrounding subdivisions or -- De Weerd: A glimpse of the surrounding -- in particular, if they are going to gain access through the surrounding subdivisions, if that's how they are getting their primary access into their own. Any further requirements or comments? Okay. Thank you. Rountree: That's a good point. Item 13: FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No. 3 by Sutherland Farm, Inc. — east of South Eagle Road on the south side of the Ridenbaugh Canal: De Weerd: Item 13 is FP 04-021, for Sutherland Farms Subdivision No. 3 Powell: Madam Mayor, Members of the Council -- just a second. Thank you. Sorry. This is the third final plat in for Sutherland Farms and the subject of the final plat is shown in the red circle there. They have included the road -- and I'll show you that in a moment -- to gain access to their -- they have delayed on some of the light office uses in the back -- or in the -- to the west, so -- but we have our entrance road coming in, the stub streets -- or the beginning of the other streets and, then, this subdivision -- or this phase of the subdivision. It is in substantial compliance with the approved preliminary plat and this is another JUB plat, so I'm looking to see if there is another letter. I do not see a letter from the applicant, but my understanding was from staff that this was a very clean plat and there was no outstanding issues. De Weerd: Okay. Council, any comment? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve FP 04-021, final plat for Sutherland Farms Subdivision No. 3. Rountree: Second. Meridian City Council Regular Meeting April 13, 2004 Page 20 of 30 De Weerd: It's been moved and seconded to approve Item 13. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Item 15: Continued Public Hearing from March 23, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Item 16: Continued Public Hearing from March 23, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: De Weerd: Items 14, 15 and 16 has been requested to be tabled to April 20th. Do I have a motion for continuance? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue public hearings AZ 03-027, PP 03-032, and CUP 03-058 to April 20th, 2004. Rountree: Second. De Weerd: It's been moved and seconded to continue 14, 15, and 16 to April 20th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: MI 04-003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Meridian City Council Regular Meeting April 13, 2004 Page 21 of 30 Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron — north side of East Franklin Road and east of South Locust Grove Road: De Weerd: Item 17 is a Public Hearing on MI 04-003 for Sparrowhawk Subdivision. I will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, we actually discussed the nature of this modification to the development agreement as we were processing the Sparrowhawk Subdivision, but we did not make it clear that we needed that, so we are coming back and making that clear. This, for your -- to jog your memory, this is the Sparrowhawk Subdivision on Franklin Road. As you see it, this is the area that's currently torn up or in the process of being rebuilt. This was the recent approval and, then, the previous approval was the apartment complex, which is under construction. The terms of the development agreement requires the landscaping to be in prior to -- I believe it's occupancy of any of the buildings and they are asking that it be waived to 18 months after signature on the final plat. That gives time for the Franklin Road reconstruction to be completed and, then, they can put in their landscaping. There is also a slight modification -- or, actually, it's just a clarification, really, about the perimeter fencing and when and what is required and staff is recommending this amendment. It seems more practical than putting in a lot of landscaping on a road that's being torn up at this time, so we are recommending approval. De Weerd: Okay. Questions for staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Anna, on this, though, isn't there interior landscaping? I mean, obviously, you're right, the Franklin Road makes sense, but isn't there interior landscaping as well that could be done? And wouldn't this waiver apply to all of the landscaping, not just along Franklin? Powell: No. If you look on page three, where it has the underline and strike out version, it says: Except for perimeter fencing along the north property line and landscaping adjacent to Franklin Road and Nola Road. So, it's just -- it just exempts out those two items. Nary: Okay. Great. Thank you. De Weerd: Okay. Is the applicant here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Regular Meeting April 13, 2004 Page 22 of 30 McReynolds: I do. De Weerd: Thank you. Please state your name and address. McReynolds: Clay McReynolds, 8865 Vick Lane, Middleton. De Weerd: Thank you. McReynolds: Madam Mayor, Council Members, actually, Mr. Waldron was here and when he saw I was here he asked me to step in, because he had another meeting he wanted to attend, so -- as far as the interior landscaping, we have no intent of not -- of not installing that. And I guess more than anything else, it's a matter of clarification. Our concern with the apartments is that we anticipate completion of construction hopefully in July and we'd like to be able to have tenants start moving. Additional items of concern, I guess, that I'd like clarification on regarding this, one is after the 18 months if, for whatever reason, the owner doesn't install the landscaping in front of the remaining portions of the subdivision, other than the apartments, we are not going to -- I assume our certificates of occupancy will not be conditional. She will have bonded those improvements -- we are not talking about a conditional certificate of occupancy, I would assume. And the other was I had a question regarding the perimeter fencing. Obviously, we will be installing perimeter fencing around the apartments that would match that around the remaining subdivision. The fencing around the remaining part of the subdivision, the commercial portion, would that also be removed as a condition of the certificates of occupancy for the apartments? And I would ask that that be the case, because for similar reasons, that the landscaping is an issue, when construction takes place on that remaining portion there are going to be some areas of pretty substantial grade differentials and the construction, I think, would require that a lot of that fence be rebuilt if the owner pays for it now, when the remainder of the subdivision is built out. De Weerd: Anna, do you want to answer that? Powell: Sure. Madam Mayor, Members of the Council, regarding the issue of conditional occupancies, we did -- that is not the case. Those occupancies are good. But it does say if the -- after 18 months the landscape improvements have not been constructed, the city shall not issue any building permits or issue certificates of occupancy for any structure on the property until the required improvements have been installed, complete, and accepted by the city. So, that would mean if you have got a building permit in process and that 18 months goes by, you will not receive a certificate of occupancy, likewise, neither will the city issue a new building permit until those improvements are in place. Regarding the perimeter fencing, the way it currently reads is that the owner developer agrees that perimeter fencing for each phase of the development shall be installed prior to obtaining certificates of occupancy within said phase. So, for example, we would be looking for all the perimeter fencing for the apartment complex at the time that you were seeking a certificate of occupancy for the apartment complex. We would not, however, be looking for one on the remainder portion, it would just be for the apartments. Meridian City Council Regular Meeting April 13, 2004 Page 23 of 30 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Anna, I think what I heard him say -- the gentleman say, though, is having a -- a bonding requirement to complete it, because although I don't know how likely it is, but the only caveat here is the 18 months, and, then, the future building permits and occupancy permits and that may or may not -- depending on the nature of the project, depending on how it gets done and how quickly it gets done, it still doesn't get it completed. If, for example, the economy takes a downturn, they are still not going to do it and right now I would think it would be more beneficial to have -- if we are going to amend the development agreement, that they also, if they are willing, to agree to simply bond to get those improvements completed within those 18 months. If not, there is money there to get it done and accomplished, so that we don't have this eye -sore along Franklin Boulevard -- or Franklin Road. Powell: Just confirming with the city engineer on bonding. Typically, we get the bonding right away -- right -- right away, as opposed to right of way, but I guess I was never clear if that wasn't an option under the existing development agreement, but I think that they wanted to make it clear that they wanted the apartments to go forward. So, we could still ask for a bond in lieu of the improvements at this time or we could tie it to a later date. McReynolds: From my perspective I actually wouldn't have any opinion one-way or the other. I don't have a concern that they post a bond and I'm just not articulating well. My point was that, you know, if a bond was going to be required, that the city would have that protection without having the ability to move our tenants out. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, just a remainder that a similar waiver on 18 months was approved for the commercial part of this in the re -subdivision -- the re -plat that was just done and so that's part of that approval is to grant the 18 month extension. So, all you're doing is making the rest of this piece match up with what you approved last time. Nary: I take it by your statement, Mr. Nichols, that we didn't put bonding in that piece either, so -- Nichols: Madam Mayor, Members of the Council, at least not anything -- not anything extraordinary, but, typically, where there is improvements that are going to be deferred, bonding has been a requirement, so I can't say that it's not there, because it may well be there as a standard condition. Powell: Madam Mayor? De Weerd: Yes. Meridian City Council Regular Meeting April 13, 2004 Page 24 of 30 Powell: Members of the Council, I think I was using the wrong terminology. It would not be bonding, it would be a surety or a letter of credit is what we usually take for those. De Weerd: Okay. Any further questions or comments? Do you have anything else? McReynolds: No. De Weerd: Thank you. Okay. Council, this is a Public Hearing. If you so desire, we could close this Public Hearing. Bird: So moved. 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 carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve MI 04-003, Sparrowhawk Subdivision and incorporate staff and applicant testimony and I'm sure that Mr. Nichols can put it in the right words. Rountree: I will second that. De Weerd: Okay. Well, we look forward to the findings. Any further comments? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2'/z Street: Item 19: Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi -family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2'/z Street: Meridian City Council Regular Meeting April 13, 2004 Page 25 of 30 De Weerd: Thank you. Okay. Items 18 and 19 have been requested to be delayed for posting requirements. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table Items 18 and 19, public hearings for Troy Place Subdivision until April 27th. Nary: Actually, it's going to have to be whenever it's noticed. Berg: It's May. Rountree: Or May. When it's re -noticed. Bird: Second. De Weerd: Okay. Mr. Nichols, do we need a specific motion on this if it wasn't properly noticed? Nichols: Madam Mayor, not necessarily, but you already have one on the floor and it's not inappropriate to specifically address it, since it was on your agenda. De Weerd: Okay. It's been moved and seconded to table Items 18 and 19 to the proper posting date. Rountree: Re -notice date. De Weerd: Re -notice date. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 20: Resolution No. : Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: De Weerd: Item 20 is Resolution No. 04-428, approval to proceed with the work for a tree replacement. We don't read these -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is there an actual resolution? Because I only saw the letter. I didn't see an actual resolution. Meridian City Council Regular Meeting April 13, 2004 Page 26 of 30 Nichols: Madam Mayor, Members of the Council, until I saw the agenda I didn't realize there was a resolution that was referred to, because there is no specific resolution. Nary: So, it sounds like -- Madam Mayor. I'm sorry. De Weerd: Mr. Nary. Nary: We should probably set this matter over to next week's agenda and, actually, have an actual resolution on this and I guess if -- maybe someone can answer the question. Why didn't this get done? I mean it's one tree and it's been five years. Why didn't this get accomplished? Did it just get missed for five years? De Weerd: Is there anyone that can -- Nary: It's just a question to the wind, I guess. Bird: You're just getting the wind. Rountree: Madam Mayor, my question is why do we need a resolution? Nary: Because our ordinance requires an official action to release the bond to actually do the work, so we have to officially do it, but I don't know why it's five years old -- Bird: That was a motion, wasn't it, Councilman Nary? Nary: Yeah. The motion is to set that over to the next -- Bird: Second. Then we can discuss it. Nary: Until we can have an actual resolution. Bird: Second it. Nary: Okay. De Weerd: Okay. It's been moved and seconded to set Resolution No. — this resolution for Item 20 over to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 21: Miscellaneous Business De Weerd: We were -- we did ask staff to come prepared this week to have some discussion on our area of impact. I think that Brad did have something for us. Meridian City Council Regular Meeting April 13, 2004 Page 27 of 30 Watson: Madam Mayor, my computer was temporarily hijacked, so I'm booting up right now and it will take -- De Weerd: Well -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: We did have a request from the fire commission to meet on the 27th for their comments, so I don't know -- is Mr. Watson ready to discuss that tonight? De Weerd: He's ready to discuss the sewer end of it. Nary: Okay. De Weerd: And we can discuss further impact. And while we wait for Mr. Watson, what our city pin is going to look like and -- Bird: Who selected that color? De Weerd: I did. Bird: That's my favorite, blue and gray. with the fire commissioners their areas of I do have a copy of kind of the final draft of De Weerd: That's a good thing. Just for your comment, if you have anything, you can let me know after the meeting. So, any comments are appreciated. Okay. I think I also had sent out to each of the Council members the Association of Idaho Cities is putting out information requesting projects to -- for their legislation -- or legislative ideas of what their focus should be next year and I will certainly provide input on that regarding possible legislation and consideration for this three percent cap. Also they are looking for entries or nominations for the Idaho Heritage City recognition and also the AIC City Achievement award. I have asked our city clerk to look over what has been submitted from other communities in the past and maybe get some ideas. The chief is looking into the probation and parole partnership and I believe that Kenny is going to put something together regarding the safe house. So, if you have any ideas of projects that you're aware of, have been involved in, I would certainly appreciate your input. Rountree: Madam Mayor, do they have to be projects specific? Can they be just completed, like the planning process for downtown revitalization? Is there a category for that? De Weerd: I believe that Anna has talked to her staff, in particular Steve on that. I think they would like to wait one year to show some of the benefits and the results of that. Nary: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page 28 of 30 De Weerd: Mr. Nary. Nary: And this one also may be a ways, but the Adventure Island playground project is another one that I think is a very noteworthy project as well and community involvement, but maybe after the community build that might be a better way to really focus on that project. De Weerd: Yes. And that was discussed at the director's meeting this morning that certainly we'd like to highlight the community build as part of that application. That's going to be a key application I think next year, so -- but I appreciate those ideas. Please, if anything else comes to mind do, please, bring them up and we will see if we can do it. I am looking at possibly submitting our transition team process. It's very unique in the state of Idaho and it -- I'll get your comments after you see it tomorrow and see if you would agree with me. But if you have any other ideas, I would appreciate it. Also, just real quick, Pennwood Street and 3rd vacation is on the agenda for the commission tomorrow night and it's something that we just approved the RV resort last week. They had not made any motions on vacating that and staff is recommending to not approve it. So, we will see how that goes. Powell: Madam Mayor, just for an update, I did sign a letter -- Craig Hood wrote it and Craig will attend the CHID hearing as well. De Weerd: Thank you. Thank you, Anna. Also Anna put together value statements or all of our departments participated in defining our core values. We will be giving them priorities -- each of the department directors will be bringing that back in our May 4th director's meeting. I will go ahead and e-mail these to you, if you could, please, participate in looking at each of these values and giving us your top five priorities on the statements that support each of the words. There is a number of defining lines, 36 just for customer service, and we had a great deal of input from the staff and departments, very much appreciated, and I would enjoy your participation in this process as well. So, please get your priorities back to Peggy by the 27th. And it will be included in that meeting that we have on the 4th of May. And Mr. President, you or Keith, if you'd like to join us for part of that. Nary: Okay. Great De Weerd: We would enjoy your participation. Bird: When is this now? De Weerd: At our director's meeting on May 4th. Bird: May 4th. If Mr. Nary can make it, that will be great, if not I will -- Nary: I will check. Meridian City Council Regular Meeting April 13, 2004 Page 29 of 30 De Weerd: I don't think anyone would be opposed to having both of you. You're not a quorum. And just a final note. I'm sure you all received the HR -- Bird: Like it very well. Very nice, Tammy. Appreciate it. De Weerd: Thank you. That's all I had. And I believe that staff is now ready. Watson: Madam Mayor, not really. I'm having some technical problems still, so I can either brief you on this real quickly or we can wait until next week, but the aerial photos evidently didn't come over with the CD. This was supposed to show the area north of Chinden and -- the trunk lines show, but the aerial photos don't, so you don't have any good frame of reference, so -- I apologize. We can -- either way. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to see it when he has the whole complete thing together, where we can have the aerial photos and everything on it. I think it will have a better impact on us and I think it would be better for Brad, too, at that point. De Weerd: Council? Nary: Madam Mayor? De Weerd: Yes. Mr. Nary. Nary: I guess I would agree with Mr. Bird, because I think if we do it this way, we are going to want to hear it again anyway. Bird: That's right. De Weerd: And I know you just all want to go home. Okay. Is there any further business in front of the Council? Thank you, Brad. Mr. Clerk? Berg: Yes, Madam Mayor, there is one issue that you need to think about. By April 30th I need to submit a date to the county clerk as to when we are having our Public Hearing for our budget, so we are going to have to look in some calendars and see if you want it on a regular scheduled meeting or a special meeting, so we got to set a date and I need to send it to them. De Weerd: Generally, we have it the last Tuesday of August; correct? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Regular Meeting April 13, 2004 Page 30 of 30 Berg: Well, the last couple years you have. Bird: I think we have had it, as you say, the last Tuesday, but I think we have had it just as strictly a budget hearing meeting. We haven't had other stuff on the agenda and that's the way I think it should be. Rountree: That's a fifth Tuesday, so it works. Bird: And I agree with that. I agree a hundred percent. De Weerd: Okay. So, does that help, Will? I think it was just that -- and it's Shaun's birthday, so what a great way to celebrate. Nary: Where else would you want to be on your birthday, but here? Berg: Would you like to start at 7:00 or 6:00 or 6:30 or a quarter to 8:00? De Weerd: Mr. Wardle, since its your birthday, it's your choice. Wardle: I would prefer to start just a tad earlier. 6:00 would be fine. Berg: Thank you. De Weerd: Okay. I would entertain a motion to adjourn, if there is no further discussion. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:33 P.M. (TAPE ON FILE OFSE PROCEEDINGS) rlj MAYOR TA DE WEER ON%% OF ATTEST: CA` �tPON 92", a` le, _ SEAL WILLIAM G. BERG, J , C x/27/04 - DATE APPROVED