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Home My WebLink About2004 04-20Revised April 20, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 306 3. Community Invocation by Pastor Burton Roberts, Meridian Gospel Tabernacle: 4. Adoption of the Agenda: Approve S. Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: Approve B. Approve Minutes of March 16, 2004 Pre -Council Meeting: Approve C. Approve Minutes of March 23, 2004 City Council Regular Meeting: Approve D. Approve Minutes of March 23, 2004 Pre -Council Meeting: Approve E. Approve Minutes of April 6, 2004 City Council Regular Meeting: Approve F. Approve Minutes of April 6, 2004 Pre -Council Meeting: Approve G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-026 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: Approve H. Findings of Fact and Conclusions of Law for Approval: 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 Meridian City Council Agenda — April 20, 2004 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clark's Office at 888.4433 at least 48 bourn prior to the public meeting Revised April 20, 2004 Scottsdale Subdivision by Landmark Engineering & Planning, Inc. — south of West Franklin Road and east of South Linder Road: Approve Findings of Fact and Conclusions of Law for Approval: 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 Fanners and Merchants State Bank by CSHQA — southwest corner of East Overland Road and South Eagle Road: Approve J. Order Granting Remand to Planning and Zoning Commission: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: Approve K. Order Granting Remand to Planning and Zoning Commission: PP 03-046 Request for Preliminary Plat approval of 215 residential building lots and 34 common lots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: Approve L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: Approve M. Resolution No. 04-430 Terminatina anent of record designation for the City of Meridian: Approve N. Release of Agreement for Sewer / Water Assessment for Seventh Day Adventist Church: Approve O. Pressure Reducing Vaults (PRV's) and Victory Road Water Line: Approve P. Centrate Eauiliation Tank Design Project: Approve Q. Approve Beer. Wine, and Liquor License Renewals: Approve Wal-Mart - Beer & Wine Ultra Touch Car Wash — Beer Bangkok House — Beer & Wine Muggsy's — Beer & Liquor Meridian City Council Agenda— April 20, 2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridien. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised April 20, 2004 The Cigarette Store — Beer Wingers — Beer &Wine Jacksons Food Store #99 — Beer & Wine Jacksons Food Store #24 — Beer & Wine Jacksons Food Store #11— Beer & Wine Jacksons Food Store #1 — Beer & Wine Jacksons Food Store #97 — Beer & Wine Jacksons Food Store #98 — Beer & Wine Epl's — Beer & Wine Round Table Pizza #870 — Beer &Wine West of Philly — Beer & Wine Pizza Hut — Beer & Wine Pizza Hut — Beer & Wine Chicago Connection — Beer & Wine R. Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision: Approve 6. Department Reports: A. Parks and Recreation Department — Doug Strong 1. Discussion of Kiwanis Park Agreement: Approve B. Planning and Zoning Department—Anna Powell 1. Diane Kushlan Consulting Services: Approve C. Police Department — Bill Musser 1. National Fast Draw Championship Presentation: 2. Discussion of Traffic Safety Commission Amended Ordinance: On Next Agenda D. Public Works Department — Gary Smith Presentation on Meridian's Water Resources by Ed Squires: On May 4, 2004 Pre -Council 2. Change Order— Franklin Road Project $34,000: Approve E. City Council — Shaun Wardle 1. Update of Cherry Lane Golf Course: 7. (Items Moved from Consent Agenda) Meridian City Council Agenda — April 20, 2004 Page 3 of S All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Revised April 20, 2004 8. FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance Place Subdivision No. 2 by Sundance Limited Company, LLC — east of North Meridian Road and north of East Ustick Road: Approve 9. FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision No. 3 by Sundance Limited Company, LLC — east of North Meridian Road and north of East Ustick Road: Approve 10. FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Sageland Subdivision by Quasar Development, LLC — northeast comer of East Victory Road and South Locust Grove Road: Table to April 27, 2004 Meeting 11. Continued Public Hearing from April 13, 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from April 13, 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 R4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from April 13, 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: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: Request to provide roll off services to the City of Meridian: Attorney to Prepare Resolution 15. Report from Brad Watson on sewer feasibility north of Area of Impact: Presented 16. Tabled from April 13, 2004: Resolution No. 04-431 : Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: Approve Meridian City Council Agenda — April 20, 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 hearings please contact the City Clerk's Once at 888-4433 at least 48 hours prim to the public meeting. Revised April 20, 2004 17. Ordinance No. 04-1075 Pretreatment / Sewer User Amended Ordinance: Approve 18. Water, Sewer and Trash Delinquencies: Approve 19. Executive Session per Idaho State Code 67-2345(1)(c): No Decision Meridian City Council Agenda— April 20, 2004 Page 5 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 hearings please contact the City Clerk's Office at 888-0433 at least 49 hours prior to the public meeting. Meridian City Council Meeting April 20 2004 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, April 20, 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, Kenny Bowers, John Overton, Brad Watson, Gary Smith, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular City Council meeting to order. It's Tuesday, April 20th. Thank you all for joining us here tonight. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance and we will be led in the pledge from Troop 306 and, I'm sorry, Marcus Fernandez. Thank you. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly, Capital Christian Center: De Weerd: Thank you. We have added a couple of items to our regular agenda. We start off with a pledge. The second item we added was a community invocation. We wanted to involve our faith community and integrate it into our city issues, looking for solutions, and this is one of the first ways we have integrated the faith community within our city government. We look for all religions to be involved and have encouraged them to get a hold of Pastor Burton Roberts, who has been coordinating the different leaders who have joined us at each of our meetings. So, regardless of what religion or not, please, use this moment as a time to reflect and just look at the time ahead of us on our agenda and give you an opportunity and us an opportunity to put everything in perspective. So, we are joined for this community invocation by Pastor Burton Roberts with the Meridian Gospel Tabernacle. Roberts: Thank you, Madam Mayor, Council. Shall we pray? Most gracious and kind Heavenly Father, we do pause in the busyness of our schedule tonight to just say thank you. Thank you for the many blessings that we as a community have every day and so many times they pass us by without us really sensing how privileged we are as a people Meridian City Council April 20, 2004 Page 2 of 44 to live where we live. Tonight, Father, I just ask that we could invoke your presence for this meeting, bring about to each of our hearts and minds the wisdom and the knowledge and the patience and truly the peace that comes from knowing that you are able to bring joy into all of our hearts. Have your way in this meeting tonight and all of our lives we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- on the agenda as published we have got a resolution, which number is 04-430 and our ordinance number is 04-1075. And, with that, I would move that we approve the agenda as revised on April 20th, 2004. Rountree: Second. De Weerd: Okay. Its been moved and seconded to approve the agenda as amended or changed. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: B. Approve Minutes of March 16, 2004 Pre -Council Meeting: C. Approve Minutes of March 23, 2004 City Council Regular Meeting: D. Approve Minutes of March 23, 2004 Pre -Council Meeting: E. Approve Minutes of April 6, 2004 City Council Regular Meeting: F. Approve Minutes of April 6, 2004 Pre -Council Meeting: G. Tabled from April 13, 2004: 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: H. Findings of Fact and Conclusions of Law for Approval: VAC 04-002 Request for a Vacation of easements for, Lots 2 & 3, Block Meridian City Council April 20, 2004 Page 3 of 44 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: Findings of Fact and Conclusions of Law for Approval: 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: J. Order Granting Remand to Planning and Zoning Commission: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: K. Order Granting Remand to Planning and Zoning Commission: PP 03-046 Request for Preliminary Plat approval of 215 residential building lots and 34 common lots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: 8'. M. Resolution No. ` Terminating anent of record designation for the City df Alleridian: N. Release of Agreement for Sewer / Water Assessment for Seventh Day Adventist Church: O. Pressure Reducing Vaults (PRV's) and Victory Road Water Line: P. Centrate Eguiliation Tank Design Project: F1 Wal-Mart - Beer & Wine Ultra Touch Car Wash — Beer Bangkok House — Beer & Wine Muggsy's — Beer & Liquor WN Meridian City Council April 20, 2004 Page 4 of 44 The Cigarette Store — Beer Wingers — Beer & Wine Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #24Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 — Beer & Wine Jacksons Food Store #97 — Beer & Wine Jacksons Food Store #98 — Beer & Wine Epi's — Beer & Wine Round Table Pizza #870 — Beer & Wine West of Philly — Beer & Wine Pizza Hut — Beer & Wine Pizza Hut — Beer & Wine Chicago Connection — Beer & Wine R. Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for 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. Mr. Clerk, would you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks and Recreation Department — Doug Strong 1. Discussion of Kiwanis Park Agreement: Meridian City Council April 20, 2004 Page 5 of 44 De Weerd: Thank you, Mr, during the adoption of the there for a brief update fro Clerk. Okay. Item 6 is Department Reports and, I'm sorry, agenda I should have asked that an Item E be placed on n Councilman Wardle on the golf course. So we will start with A, with the parks recreation Agreement. Mr. Strong. department with the discussion of Kiwanis Park Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to talk about this agreement. I hope you have had the opportunity to read, between the City of Meridian and Daybreakers Kiwanis Club, to build, essentially, a nine -acre park near Mountain View High School. This partnership is a little different than many of the partnerships we have, in that it will be a turn key park in that when they complete the park it will be turned over to the city for use by the city and the agreement outlines the responsibility of the Kiwanis Club and the city in completion of that project. So, that is a basic introduction and I will stand for any questions about the agreement. De Weerd: Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Strong, is the Kiwanis in agreement with this agreement? Have they read it and had their approval on it? Strong: Madam Mayor, Councilman Bird, they have. There is no disagreement with anything on this agreement. Bird: Thank you. De Weerd: Council, it is the don't think it's on your copy. I Strong: It is Daybreakers. Daybreakers Kiwanis C think it still says the Su That has been changed. I De Weerd: Okay. So, no questions from Council? Okay. So, we will put this on our agenda once it is signed by the Daybreakers? Is that my understanding? Strong: You'd like their signature first? De Weerd: Is it okay to adopt before their signature? Nichols: Madam Mayor, Members of the Council, there is nothing that says you can't do it first. The ones that we always ask to be signed before the city approves them are development agreements with the developers and so I don't know that there is any prohibition against signing it first and it might expedite a lengthy process already. De Weerd: Okay. Thank you, Doug. Meridian My council April 20, 2004 ..1 Page 6 of 44 Strong: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I would move, then, that we approve the development and license agreement with the Daybreakers Kiwanis Club and have it noted in there that it is not the Sunrise Kiwanis Club, but it is the Daybreakers Club, regarding the park and recreation department. And for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agreement for the Kiwanis Park with the Daybreakers Kiwanis Club. Any further discussion? Mr. Clerk, would you like to call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. B. Planning and Zoning Department — Anna Powell 1. Diane Kushlan Consulting Services: De Weerd: Thank you. Okay. Item B is from the Planning and Zoning Department, Diane Kushlan Consulting Service. �t- �t Powell: Madam Mayor, Members of the Council, a dumber of months ago I brought forward to you a request to hire Diane to work on our new zoning ordinance update. We have been working together. That contract just went through, compiling a draft document. We have completed that and we are working with the process improvement group to refine that draft and, then, take it out to the public. I did ask for Diane to continue her services. The time demands -- its a very involved group and the time demands are pretty heavy still on those modifications and serving that group, so I would like to extend that contract. The figure is 3,120 dollars and there is money in my consulting budget for those funds. De Weerd: Council, do you have any questions? Okay. Hearing none, do I have a motion? Vt Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move the approval to extend the contract -- consulting contract with the city and Diane Kushlan for consulting services with the Planning and Zoning Meridian City Coundl Apol 20, 2004 Page 7 of 44 Department and for the funding to be an additional 3,100 -- not to exceed 3,100 -- well, I'm taking that back. I'm sorry. 3,120 dollars, plus the out-of-pocket expenses that have been previously authorized in advance, to come out of their consulting budget. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve P&Z's request. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. C. Police Department — Bill Musser National Fast Draw Championship Presentation: De Weerd: Okay. Item C. We have a guest with us tonight, I will have Captain Overton introduce our guest and this is on Item One, the National Fast Draw Championship presentation. Overton: Madam Mayor, Members of the Council, as you can tell, we have a PowerPoint presentation for you tonight. Our presenter is going to be Andrew Fink, who is the president and editor and chief of Shoot magazine and I will be his technical assistant. De Weerd: Thank you, Captain. Hello, Andy. Fink: Thank you, Madam Mayor, Council Members. The primary reason for this presentation is to give you a better idea of what we are planning on doing and bringing to the City of Meridian. If you would go to the next slide. I'm going to go ahead and discuss a little bit about what Cowboy Fast Draw is, so that you can have a better feel for that. I'll go over this event specifically. Also discuss all the government business organizations that we have contacted, the citizen's use permit that we have filled out. Safety is a major issue and I want to cover that for you. The location is on the side of Sportsman's Warehouse in Meridian and, then, I have got an event drawing that I'd like to go over. Cowboy Fast Draw is a person-to-person event. It's a timed event and we use wax bullets. There is no lead flying around anywhere, so it's very safe. It's low velocity and there is, essentially, two categories. There is either men and women. If you can go to the next one, please. We use old west firearms .45 Colt caliber. Traditional holsters. It brings a flavor of the old west to the community wherever these kinds of events are and a lot of people still are heavy traditionalists in the old west and western areas, like Idaho is. We use wax bullets. The wax bullet weighs 15 grains with a primer, and a little bit of black powder to make a little sound and a little smoke. Once it hits the target, all the kinetic energy is dissipated. If it bounces back and touches you, it's like just touching your face. There is no danger. And we have a number of safety issues in place to make sure that that happens. We shoot at metal targets. When the Meridian City Council April 20, 2004 Page 8 of 44 light comes on you start and you shoot from a distance of 21 feet for each contestant and times are in the tens of seconds from the time that you see the light until the time that you draw, 4/10s of a second, 5/10s of a second, 6/10s of a second. The main -- the primary event, besides the national championship, is, actually, a celebrity shoot for Cystic Fibrosis. Spectators will bid to shoot with a particular celebrity as their team member. All monies bid go to the Cystic Fibrosis Foundation. Celebrities include quite a few people that you might know, including Madam Mayor, Governor Kempthorne will be there in the afternoon. Chief Musser will be there. And we have two of the world fast draw, which is a little bit different sport, but two of their championship -- champions will be there as well. The national championship will, actually, start on the 7th and 8th. It will go from 7:00 a.m. to dark on the 7th and 7:00 a.m. to 5:00 p.m. on the 8th. How many actual contestants we are going to have is probably going to be around a hundred. It could be more. The prizes that are given out is 15,000 dollars in cash and merchandise. Spectators can also come out and try out the event. There is some laser target systems that you can, actually, shoot at different targets with laser systems and have a lot of fun and the laser systems are free. How many visitors we are going to get through there in those three days, probably two to three thousand. Don't know for sure, but we have got some publicity going on. There is an ad that will be put in the paper. Channel 2 is going to cover the event on Thursday morning and we are going to have a couple of signs out on Eagle and Fairview and Eagle and Franklin Roads. We have contacted all of the people that the Mayor and the chief of police originally asked us to talk to. We work with Sportsman's Warehouse, we work with the mall building developer. I had a meeting with the Crossroads neighborhood association and wrote up an announcement for their newsletter to all the Crossroad neighborhood association. Cystic Fibrosis Foundation has been involved in the beginning of this and they are going to have somebody there on the 6th. We visited all the Crossroads mall stores, every one of them, and talked to them about the event. The. Governor's office and a congressional delegation. The citizens use permit, we have had everybody sign off that's listed there. The sheriffs office, highway district, fire chief, police chief, and it's now at the Mayor's office. Insurance coverage has been included to include everybody that's required on the citizens use permit, so — and there is copies attached to the citizens use permit of all the insurance forms. Safety. Security wise, we will have 12 to 20 staff members that will be constantly watching everybody that has any firearm and the ammunition. This will include three off-duty Ada County Deputy Sheriffs that are going to be involved the whole three days. We are going to -- if you see the people in this photo right here, this particular event, which was the world fast draw last year in South Dakota, Deadwood, South Dakota, they did not have partitions on either side and we are making sure that we have partitions on either side of the shooter and I'll show those in a second. All guns and wax ammunition will be checked. Glasses will be available for all. Ear plugs will be available for all. There will be one entry point, with an additional exit point available in case of emergency, people needing to get in or out or fire truck or ambulance or anything. The event area will be fenced in. That's a metal chain link fence that will be put all around the parking lot. Wax ammunition will be provided by Shoot magazine and the guns are out of the holster only on the firing line and when pointed down range or in a safe area. There is one designated area that's a safe area. The location is Sportsman's Warehouse. This is the actual parking lot. It's the south parking lot and the whole parking lot area will be fenced off. Next one, please. This will be the main fence in front and that will be the entrance going into the Meridian City Councll April 20, 2004 Page 9 of 44 event area. This is the front of the Sportsman's Warehouse building. The only traffic you envision here is foot traffic going across into the event area, but there will not be any blocking of the roads or anything. And next picture. That one shows just a different angle of the front. And that's another angle of the actual south portion of the parking lot itself. Again, all that area will be fenced off. The fence will actually be located on the grass. Okay. This is kind of a map of the event area itself. On the left side you can see that's a safe area and cleaning area. The lines that are drawn are targets. Partitions are eight foot high. They go out to 24 feet. Remember, that the actual participant is shooting at 21 feet away from the target. So, the actual partition will be behind -- go at least three feet behind them on each side. On the left side, the side that faces, actually, the Crossroads neighborhood association, we had an additional four feet by the request of the Chief Musser. And that was included. Over on the right side you have the laser target system and security check for the event area. All of the other boxes are different vendors and people providing support for the event. Last slide', please. Myself or one of my staff members, Ray Walters is the main contact. We have a phone number that's in your package, as well as an e-mail address and a website, if you're interested in anything, and I'd like to answer any questions that you may have about the event. De Weerd: Council, do you have any questions? Bird: Just happy to see them here. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: On the -- on the fencing that's going to be on the grass and around the facility, is that -- what type of fencing is that? Fink: It's a chain — metal chain link fence. Nary: Okay. And I notice you have this poster printed up. Could you print like Mayor Tammy "Gun" de Weerd or something like that? Fink: Oh, we might be able to arrange something like that. Nary: She doesn't have a big name like the other people do. Dangerous Dirk Kempthorne or something like that. Fink: She's, actually, pretty good. Nary: Something to draw a lot more crowd, I think. De Weerd: You need to be careful. Bird: Calamity Jane. Meridian CI y council April 20, 2004 Page 10 of 44 - Fink: Anybody that would like -- like the Council members, maybe you need to go shoot with her as a team partner. Nary: Oh, I think she's very dangerous, so I think she will get more people to come. De Weerd: Thank you, Councilman Nary. Remind me not to notice you. Thank you, Andy. This is going to be a great event. The chief and I have already been out and practiced shooting, so we'll be all ready for this event. Fink: Thank you very much. 2. Discussion of Traffic Safety Commission Amended Ordinance: De Weerd: Thank you very much. Okay. Captain Overton. Our next item is discussion of the Traffic Safety Commission amended ordinance. Overton: Madam Mayor, Members of the Council, as you know, the original traffic safety committee ordinance was established in 1971 and it is definitely time to update it. We had people on the committee that have positions that don't exist anymore in our city. for, in fact, a city judge that we haven't had for years and it was just time that it was updated. We increased the number of citizen volunteers that would be appointed to that committee from two to four to increase more citizen involvement. We changed the language somewhat, so instead of saying chief of police it would, obviously, be a police department representative, as well as it is from the school district, from the Ada County Highway District, and other organizations on that committee. It's a simple modification, I believe, of the ordinance, but it was well overdue, so we can try to reach a quorum and get some constructive business done in that committee. De Weerd: Thank you. Council, have you had a chance to look at this and do you have any questions? Okay. We will go ahead and get it on our agenda, so it can be officially noticed and acted on. Okay. Thank you, captain. Overton: Thank you. D. Public Works Department — Gary Smith 1. Presentation on Meridian's Water Resources by Ed Squires: De Weerd: Okay. Item D, the Public Works Department. We are going to put that on your May 4th agenda. The presenter needed probably around a half hour just to make the presentation. Yes, Brad? Watson: Madam Mayor, I need to do a little bit of a bait and switch on you under Department Reports, even though Gary is not here. I do have something that I do need to discuss with you briefly. De Weerd: Okay. Meridian City Council April 20, 2004 Page 11 of 44 Watson: Thank you. We have, as you know, been very heavily involved in the Franklin Road project. We have a joint effort agreement with ACHD and that project seems to be going very well, overall it appears to be on schedule, and the utilities -- our utilities are way ahead of schedule. This isn't the point of my presentation, but I thought you might be interested anyway. I was told today that Meridian Road would be opened back up by the end of next Sunday, this coming Sunday night, hopefully, and maybe a day or two after that. So, I know I was personally very interested in that. De Weerd: Hallelujah. My secretary will be, too. Watson: Yeah. They will be proceeding with paving on portions of Franklin Road the first couple weeks of May, so they are moving ahead pretty well. The one thing that's come up is that since the project was bid we have identified two utility -related things that need to be done. One is a pressure -reducing vault and it needs to go in very quickly. The other is some sewer work that needs to be done in the area of 3rd Street and Franklin. It's there where the former PAL office was and we have discovered kind of a mess of sewer services in that area that will be displaced. So, we asked for change order proposals from ACHD several weeks ago, because of the way these contracts are set up and they are a good thing, they save us money, but the paperwork trail is a bit cumbersome sometimes, because it goes to ACHD to Idaho Sand and Gravel to Sommer Construction, who is doing the water and sewer, and, then, back up the chain. So, we got this change order proposal yesterday and ready to proceed with work, actually, today, but we held them off for one day, so that I could bring this up to you. These two items would increase our contract amount about 34,000 dollars. So, we want to get them going, so that they don't delay the project on Franklin Road at all. Just to note, we did work out something today, we think, that will preclude us having to come to you at the last minute without having something in your packet. We have talked with the contractor and we think we can work something out that will prevent this from happening again. But I want to proceed and get them going as quickly as possible and that's what I'm here to ask. De Weerd: And it is in your budget and you have talked to your Council liaison? Watson: Yes. I have corresponded via e-mail with Councilman Rountree and both of these items are within our budget. De Weerd: Okay. Councilman Rountree, do you have any comment? Rountree: No comments, but I think it works. De Weerd: Okay. Rountree: Madam Mayor, I move that we approve the change order for the pressure reducing vault and the sewer replacement in Franklin Road for 34,000 dollars. Bird: Second. Meridian City Council April 20, 2004 Page 12 of 44 De Weerd: Okay. It's been moved and seconded to approve Public Work's request. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. D. Shaun Wardle: Golf Course update. De Weerd: Okay. Golf course update by Councilman Wardle. Wardle: Thank you, Madam Mayor. Thank you for getting me on the agenda. I won't pull a bait and switch on you like Brad did, but I will give you just a quick update. I have met with the city attorneys, as well as the parks director pursuant to our conversation two weeks ago. Just the gist of our -- of our focus has changed. We thought that in the PGA report there were two areas of focus. One was the playability of the course, which talked about things like handicap and slope of greens and those sorts of things and the other was, really, what was a landscape issue and so we have decided to focus on the landscaping issue at the current time. We have roughly broken that process down into pieces, being, essentially, looking at the irrigation system first and the steps that we need to take to work on that irrigation system and the first would be design. So, at this current time we are still waiting some communication with Cherry Lane Recreation and hope to have a better update for you very shortly. If I have missed anything, Mr. Nichols -- we are on schedule to, hopefully, meet our deadline of June 1 st. De Weerd: Thank you, Mr. Wardle. Is there any questions by Council? Bird: I have none. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. We didn't remove any items from the Consent Agenda. Item 8: FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance Place Subdivision No. 2 by Sundance Limited Company, LLC — east of North Meridian Road and north of East Ustick Road: De Weerd: So, I will move to the final plat 04-022, Item No. 8. Anna, on these three final plats, eight, nine, and ten, are the applicants in agreement with all of them? Can we do them all in one motion, after you address each one? Powell: Madam Mayor, Members of the Council, no, I have changes that you need to make on Sundance Three and Sageland. De Weerd: Okay. Well, we will start with Item No. 8, with Sundance Place Subdivision No. 2. Merldian City council April 20, 2004 Page 13 of 44 Powell: There we go. Sorry about that. Madam Mayor, Members of the Council, this is the second phase for Sundance Place. The area shown -- of the preliminary plat is shown in blue and, as you will see, the final path is in substantial compliance with the approved preliminary plat. I put a little green dot on the open space lots, so that they show up a little better. You will see in the next -- in Sundance Three it -- the open space, actually, extends in two lots. The other portion of it is right here. So, staff is recommending approval. The applicant has submitted a letter stating they are in agreement with the conditions of approval of this plat. De Weerd: Okay. Council, any questions? Anna, is the applicant in agreement with staff comments or is the applicant here tonight and wish to comment? Powell: Yes to both. De Weerd: Okay. Would the applicant like to come forward? State your name and address. McKay: Becky McKay. Engineering Solutions. 150 East Aikens, Eagle. We are in agreement with staffs recommended conditions. We have no problem. De Weerd: Okay. Powell: I misheard your question, Madam Mayor. I'm sorry. De Weerd: Okay. Council, anything further? I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 8, FP 04-022, final plat for Sundance Place Subdivision No. 2. Rountree: Second. De Weerd: It's been moved and seconded to approve Item No. 8. Any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision No. 3 by Sundance Limited Company, LLC — east of North Meridian Road and north of East Ustick Road: Meridian City Council April 20, 2004 Page 14 of 44 De Weerd: Thank you. Okay. Item No. 9 is FP 04-023 for Sundance Place Subdivision No. 3. Powell: Madam Mayor, Members of the Council, again, the area shown in blue and, as you will see, the preliminary plat is in substantial compliance. Here is the back-to-back open space lots, another small open space lot there. The applicant has stated -- does have a letter stating that they are in agreement with the conditions of approval, although just before the hearing Mrs. McKay asked me to make a minor modification to item number 11 on page three of four. Right now it states that a 20 foot wide easement is necessary across this lot on the north side of it. She'd like it just to say an easement across the north side, with a total of 30 feet. That way if they -- if they need to go 15 and 15, instead of 10 and 20, it just gives them the flexibility, but it's still clear that we need a 30 -foot easement. So, it would be strike out: A 20 foot wide and just replace that with the word an. That's the end of staffs comments and I don't believe the applicant needs to speak to you on the conditions of approval. She is nodding in the affirmative. De Weerd: Okay. Thank you. Council, any questions? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, final plat for Sundance Subdivision No. 3 include staffs comments and the modification to staff comments on page three, item 11, to change the reference to 20 -foot wide easement to read an easement. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9 as amended. Any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Sageland Subdivision by Quasar Development, LLC — northeast corner of East Victory Road and South Locust Grove Road: De Weerd: Item 10 is FP 04-024 for Sageland Subdivision. Start with the staff comments. Powell: Madam Mayor, Members of the Council, you may remember Sageland Subdivision. We had a number of issues with the road and the issues, unfortunately, continue. After the approval from the city, I believe they must have discovered there was some drainage problems. ACHD is asking for an alternative street section on this Meridian City Council _ April 20, 2004 Page 15 of 44 subdivision where there is not a curb, it would be a ribbon curb, so the storm water flows into a swale, an eight foot swale on either side of the road. So, to accommodate that street section, it -- it's a 52 foot street section, so -- and that would be to the end of the swales and, then, the four foot detached sidewalk on either side. The way the staff report is written, we thought it was just -- the sidewalk was going to encroach approximately two feet into each lot, but with the additional information we received today, it's going to encroach five feet into each lot. Now, the applicant is still willing to measure front setback from the edge of sidewalk, rather than from the property line and they have enough depth there that they feel they can do that. But that is a change from the staff report. Its also a change from the preliminary plat. The lots have not changed substantially as you will see. So, it is in compliance with the layout of the approved preliminary plat, it's just the street section has changed within that. They have also asked -- oh. They have provided a letter to you that I just was able to review just a moment ago regarding -- at first we thought they weren't going to be able to put the trees in the drainage swale, but they would — reading over the letter firsthand, it doesn't appear that any changes need to be made to the conditions of approval, it's just -- it says -- basically, it says if you need to -- it leaves latitude. If they don't need to relocate the trees, then, they won't need to comply with that condition. So, I think we are okay with the way that the conditions are written. And with that I will answer any questions you may have. De Weerd: Mr. Nary? Nary: Where did the island go? Is that that little circle in the road? Is that it? Wasn't there an island -- it seems like we had this about three times, so -- I don't have a pointer, but I see a little circle in the middle of the road. Is that it? Right there. Powell: Yes. That's it, sir. Nary: Is this to scale? It seems a lot smaller than I recall when we talked about it previously. Rountree: Well, the road's wider. De Weerd: I think the whole point of that was to take away the straightaway and -- Nary: Right. Slow down traffic and the like. It seems smaller than I recall from the -- Powell: It is nine feet wide and I do believe that is where we ended up last time. Nary: That's what we said. Correct. De Weerd: Okay. Thank you. Any further questions? Mr. Nichols. Nichols: Madam Mayor. Anna, can you give us the specific condition number that needs to be modified and how that should read, since we don't have that? I mean that - - on the -- Meridian City council April 20, 2004 Page 16 of 44 Powell: Madam Mayor, Members of the Council, I don't believe any conditions need to be modified. When we -- we knew that the sidewalk was going to encroach into the front yard, so on item number 14, with reference to plat note 13, it says front yard setback shall be measured from back of sidewalk for lots where the sidewalk encroaches into the lot. So, we already added that condition. So, it's just -- instead of being two feet, it's going to be five feet. That's all. So, they have agreed to that condition, so I believe we are okay. Nichols: Okay. And Madam Mayor -- Anna, on the letter from the developer, item 14, number six, the last paragraph on page one of their letter, it says staff comment on this item will not work. Could you address that one, please? Tell us how you would propose to resolve that issue. Powell: It will take me a moment. Again, I apologize, I just got this before the hearing so I wasn't able to look these up. Their comment doesn't -- I don't understand exactly what they are getting at. Perhaps the applicant can clarify that issue and I can provide a better response. What its in reference to is that we approved five foot rear setback for detached garages on those rear setbacks and I had read that as the applicant had worked out a different method of accommodating those easements with Public Works, but perhaps I read that wrong, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think that with the confusion and stuff and just getting this letter, I would make a motion that we continue this FP 04-024 until April 27th, 2004. Give the staff a week to look into this and make sure everything is what we believe it is. Rountree: I will second that. De Weerd: Okay. It's been moved and seconded to table 10 to 4/27/2004. Any further discussion? Okay. All those in favor say aye. All ayes. Motion carried MOTION CARRIED: ALL AYES. De Weerd: Okay. Items 11, 12, 13 and 14 are all public hearings. We enter into the public hearing part of our meeting tonight. Part of our ordinance asks that we swear in those that are wishing to testify and we do it all in one group swearing in. So, if you anticipate wanting to participate in the Public Hearing process, 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? If so say I do. (Affirmative answers.) Item 11: Continued Public Hearing from April 13, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for Meridian City Council April 20, 2004 Page 17 of 44 proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Item 12: Continued Public Hearing from April 13, 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 13: Continued Public Hearing from April 13, 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: Thank you. Okay. Items No. 11, 12 and 13 is a continued Public Hearing from April 13th on AZ 03-027, PP 03-032, and CUP 03-058. We start with staff comments, then, we ask the applicant to, please, come forward, introduce their project. Since this has been introduced, they will just give us an update on what happened and that is timed at 15 minutes. Public testimony is timed at three minutes for each resident, unless you're speaking on behalf of a homeowners association, then, you have -- you have more time. And, then, we do ask that the applicant come up and have the final say to answer the questions and testimony that came up during the public part. So, I will start with staff comments. Powell: Madam Mayor, Members of the Council, I'm just going to give a quick update. Mr. Hawkins -Clark has, as usual, given you a very detailed update on what's occurred. I did want to remind you of a couple things. One is we did add this strip of land that now goes out to Meridian Road to act as a flag to the Boyack property. We discussed that last time, but I just wanted to remind of you of that. This is a map showing the changes that the applicant has done since your last meeting. The letter from Brad indicates that they had dropped nine lots. I have been informed earlier tonight that it's, indeed, ten. Those ten -- there is two now at this location, instead of just one. One on the north property here, four, and, then, three along this property line. The applicant has also agreed to do -- originally they had agreed to do a stone wall, but the property owners along that line have asked for that to be a stamped concrete fence, instead of a stone fence. As you look at one of the -- one of the other issues that you had asked the applicant to address was the issue of a neighborhood meeting. They have had two neighborhood meetings since the March 9th hearing. The removal of lots, as I pointed out previously, is the only substantial change that they have made to the preliminary plat. They haven't relocated roads or anything of that nature. The applicant's representative has asked me to make two changes on page two of Mr. Hawkins -Clark's memo to you and that's regarding the conditions of approval. The first is for number three, page three, where it says a stone fence, they are asking for a stamped concrete fence. And, then, on number 17, page five, under preliminary plat, there is a little confusion regarding the development of this five acre lot and the flag lot and I think we Meridian City Council April 20, 2004 Page 18 of 44 can clean that up. On the first sentence, if we remove the word preliminary plat and put area, remove the words revised to and make that -- the next word combined, instead of combine, and remove said lot. So, it would read that a new single family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel, the existing driveway, to create a single flag lot with frontage on Meridian Road. And, then, prior to that next sentence, add a phrase that says if not previously platted, said flag lot shall be included in the first final plat. I apologize for those last minute conditions. The applicant did bring that up to me outside and I did agree that the word was not -- or the wording was not exactly clear. Those are the only changes that have been initiated so far since your last review of that. I can answer any questions, but I think that probably it's appropriate for the applicant to speak at this time. De Weerd: Okay. Council, any questions for staff at this time? Okay. Please state your name and address and spell your last name. McKinnon: Dave McKinnon, M -c -K -i -n -n -o -n, 735 South Crosstimber, representing Farwest Development tonight. Madam Mayor, Members of the Council, I'm happy to be with you again. As Anna pointed out, we have had two additional neighborhood meetings to discuss the transition between our subdivision and the large lots on the northwest and east of the subject property and the reason why we had two meetings was at the first meeting there was some confusion that was created by myself for -- just because I tend to have a hard time with dates and not everybody made it to the first meeting, we got to the second meeting, everybody was there. At the first meeting we discussed quite a bit the issues of transition and how this subdivision would work with the lots around us. We talked quite a bit about the Comprehensive Plan and how this complies with the Comprehensive Plan and the request of the city for this to be a medium density subdivision, according to the Comprehensive Plan. Unfortunately, at those meetings there was no general consensus that was gathered. There is a large number of people representing different neighborhoods and different large groups and there was no great agreement come to at that time. As you know, previous to those neighborhood meetings, neighborhood meetings were held. Justin Martin from Farwest met with Larkwood Homeowners Association several times. An agreement was in place prior to the last City Council meeting and I will address that in a moment. After those meetings there were additional conversations with a number of the neighbors. Most importantly, I guess we could start off with just a couple of different agreements that were made since those neighborhood meetings. I have had a chance to talk with Mr. Atkins and with the Priddys, both Ed and John, and the Atkins. They are the property owners that are adjacent to the western edge of the subdivision. This is the location of the stamped concrete fence. They asked -- a stamped concrete fence looks similar to that in Lochsa. We have agreed to that. As you remember, there is a bull that's on the property back there and we wanted to provide the extra protection there. So, we have agreed to do a stamped concrete fence adjacent to that and Brad's outlined that in his memo. In addition to that, we have agreed to a 25 -foot tall height restriction on these houses. That's to the measurement at the peak. And the reason why we did that is to allow for a second story bonus room to be allowed. Not a full second story, but for a bonus room to be allowed, typically not considered to be a second story, and they have agreed to that. In addition to that, we met with the Atkins and Priddys and they said there was some concern about the 24 -foot wide roadway access in the Boyack property Meridian City Council April 20, 2004 Page 19 of 44 and they wanted to point out that they really don't want to see a high volume of vehicles being able to use this as an access point. They understand if it's an emergency vehicle access that's one thing, but as a direct access into the subdivision they do not want to see that happen, because it's right next to their large house and to their barn back there. And so although we don't own that property, we are in agreement with them and would support that, that this only be used for a single home and, then, after this develops in the future, secondary access either through the property to the south or through this stub street be required, so that this 24 foot wide way does not become a major collector and become a bother for the property to the north, Mr. Atkins and Priddy. That was the agreement that we came to with them. I met -- I didn't meet with them, but I spoke on the phone today with Mr. Priddy -- I guess Ed and John's assistant and we talked about that and they felt that those would be the things that they were the most concerned with and they would be agreeable to those changes. In addition to that, you can see that we reduced the number of lots by three in that location. On to Mr. Lee's property. You all should have received a letter from Mr. Lee today, dated today. I know Will stamped it that you received it today. I don't know if you all received that. Mr. Lee has met Justin after those meetings and Justin Martin from Farwest has agreed to eliminate one additional lot, so that's what Anna had mentioned earlier, that there was now two being eliminated at that location. Mr. Lee is now in agreement with the subdivision and he believes that it meets the intent and he believes that we have transitioned well for him. Part of the reason for his concern was along Larkwood, all the concessions that were made for Larkwood was that there would be an average lot size of just over 13,268 square feet and Mr. Lee wanted to have a similar size adjacent to his property and now the lot being widened it will meet that minimum average size and so he's happy with that. The Larkwood Homeowners Association. There was five parts to their agreement that was originally submitted to you at the Planning and Zoning Commission, you received it in your packet, and I'll just run through those really quick. There was an agreement for a vinyl fence along their property line. That would be a five foot tall vinyl with a one foot lattice above that and we have actually agreed now to do the entire subdivision, other than the stone wall -- I guess the concrete fence -- in that same type of fence, so there is uniformity to it, so we would see that type of fence around the entire subdivision, other than the stamped concrete. In addition to that, there was two properties -- two houses in Larkwood, that's the Smith house and I can't remember the other name of the house -- of the owner of the house there. Their houses are located closer than the rest of the houses in Larkwood. We agreed to a 25 -foot tall house size for that for a maximum height. There was a lot reduction, a number of lots were removed from the original preliminary plat. The ditches that line this middle area, one of those ditches are on the Saguaro Canyon site and on the Larkwood site Farwest has agreed to tile those for the owners within Larkwood. In addition to that, pressurized irrigation stubs would be provided to each of the owners in Larkwood and it was the previous agreement that came into play for Larkwood. Members from Larkwood were in attendance at the last meeting that we had. I don't know if there has been any additional conversation. I have not had any additional conversation with Larkwood after the last neighborhood meeting that we had, that you requested us to have. There was some discussion by the Larkwood Homeowners Association. They'd like to see more -- more given to them, but, you know, the previous agreement gave quite a bit to them at that time and there was no agreement as to what else they wanted, there was just some disagreement that maybe more could be given, but nothing was requested at those Meridian City Council April 20, 2004 Page 20 of 44 neighborhood meetings. In addition to that, Anna pointed out the areas that we took out lots adjacent to the Bueller property and the Chance property, four more lots were removed from that to make those lots wider and, additionally, one more lot was removed on the north side, just to make that a little bit -- little bit wider adjacent to the perimeter and all the lots on the perimeter, if you take an overall average, its just over 11 and a half thousand square feet per lot, which is a fairly large size lot, almost a quarter acre inside average for the overall. So, that kind of details the neighborhood meetings and when you have a large group of people with different interests and different needs, it's hard to come up with an agreement with everybody, but having an agreement with Larkwood, having an agreement in place with the Priddys and Atkins having met Mr. Lee's demands and his needs, I think we have, actually, given quite a bit to make this work and it, actually, does help the subdivision, it creates more of a buffer for those large lots and it creates a little more transition area for that and I appreciated Council being able to work with us and to give us the opportunity to work with the neighborhood. It's been a good experience for everybody. Anna addressed the issues that I needed to address in Brad's memo and we did want to make sure that it said a stamped concrete fence, rather than a stone fence. The neighbors wanted to see something similar to Lochsa Falls, if you have seen that large berm that we have there. And we wanted to mention that in Brad's memo he talked a little bit about density and the Comprehensive Plan and there is an agreement with the Comprehensive Plan with this subdivision and the density is in line with what the city would like to see in this area per the Comprehensive Plan and for staffs interpretation of that. I know there was a lot of discussion at the previous meeting about the Boyack property and you should have all received a memo from the Wilsons, that's the people who will own the Boyack property, I believe it's the stepson or the son-in-law that would have this five -acre property. Their intent is to build one house on the five acres at this time. They would plat that on their own in the future, but for right now they'd like to do a well and one septic system for the house. They have met with Public Works personally and Public Works has assured them that that would be okay. The Planning and Zoning Commission was okay with that, too, and I know there was a lot of discussion how it is an odd thing and I agree it is an odd thing, but it works for this project and it will be several years before that and in the letter they agree to disconnect from the well and septic in the future, should it be approved in such a manner and in the future they will redevelop. Down -- Anna, I know that we sent a PowerPoint presentation over to you. Could you toggle over to that real quick? Now is the time I get to sell you on the subdivision. I know that -- I wanted to address all the issues that needed to be addressed first and, then, I want to show you a few interesting things about the subdivision that we talked about that we didn't really have a whole lot of pictures to show you at the time. We have got a few pictures now and a few things that we'd just like to point out for you. For anybody who was wondering what Saguaro Canyon is, I have got an actual picture of what Saguaro Canyon is. It's just outside to Tucson. That's what this first picture is. It's just an actual photo of Saguaro Canyon. I was curious and so I thought you all might be curious as well. Hopefully, it's going to be this green and this nice. You can go ahead and go on to the next slide. Powell: Except Mr. McKinnon, the G is silent. McKinnon: Saguaro. Thank you, Anna. Meridian City Coundl April 20, 2004 Page 21 of 44 Nary: Is that the landscape plan? McKinnon: Yeah. We are going to have a large canyon. The amenities -- if you can put up the amenities. I know we talked about it quite a bit and this is going to be a subdivision with a large amount of open space, approximately 17 acres of open space. As you remember from the site plan, we have approximately -- we have over a hundred feet of frontage — a hundred feet of depth on the open space on McMillan, instead of the 25 feet or 35 feet of open space or landscaping is required. It's approximately three times the required depth. Pathways. We are doing part of a regional pathway through this subdivision and we are really excited about that. We know that Meridian is excited about getting those pathways built and we are excited to be a part of that. In addition to the pathway system, we will have detached sidewalks. This is another one of the Farwest Developments with detached sidewalks and how we'd like to see that end up as a result. This is a picture of Thousand Springs. There is going to be play areas within the subdivision. There is going to be at least two playground areas. Abundant landscaping. We'll get to some other pictures in a moment, but we are going to be talking about some large landscape islands. Those of you that are really familiar with Boise, Harrison Boulevard has the large landscape islands up and down their street. Those landscape islands are only 15 feet wide on Harrison Boulevard. Ours are going to be 25 feet wide. So, they are going to be rather large in size. And, as you know, Farwest tries their best to try to get the most mature landscaping they can in order to fill in the area. Large landscape islands. Large street buffers. There will be an entry feature. We don't know what the entry feature is going to look like yet, but, as you know, Lochsa Falls entry feature is a very large entry feature and we expect something of a dramatic nature for an entry feature. Tree -lined streets with the parkways adjacent to the sidewalks in between the streets. Again, tree -lined streets and, again, as you know, we will try to do our best to get the best mature landscaping we can. If you can go to the next slide, Anna. This is just an idea of the buffers. The pictures below show a 40 foot wide buffer on the left-hand side. We are going to be doing over a hundred feet on McMillan and so it gives you an idea of the depth. It's going to be more than twice what you see at Lochsa Falls right now. A very large buffer with a very large berm. To guess right now, the berm is between 10 and 12 feet in height. A very large berm. Something you would see similar to Two Rivers. Saguaro Canyon is buffered from McMillan. Again, it's very large. This one is 25 feet wide. This is within Lochsa. It just gives you an idea of depth of how big these subdivision street buffers are. Along the collector street the buffer will be 45 feet wide, just internal to the subdivision. So, it will be as wide as the -- as Lochsa Falls Subdivision street buffer is. It's going to be internal that wide as well, in addition to the landscape islands. If you could go to the next slide, Anna. Again, just to give you an idea, this is Summerfield Subdivision. This is a 15 -foot wide landscape island. Add another ten feet or five feet to each side is the size we are looking for within this subdivision along the collector street. You can go on to the next slide, Anna. Density. The Comprehensive Plan designation called out for a requested density of three to eight dwelling units per acre and we have paired that down with the loss of the three additional units, just to be just a smidgen over three. It's 3.0 something. It's just within the density range. If we get much smaller we will be falling into the low-density area. We have a lot of large lots and this 3.09 has actually decreased just a little bit more by the reduction of the lot adjacent to Mr. Lee's property. Meridian City Council April 20, 2004 Page 22 of 44 Lot size. Saguaro Canyon's average has gone up just a tiny bit more. It's over 9,300 square feet in size. The perimeter, it's gone up just a little bit more as well. In the R-4 zone you can see the minimums on the other side. Adjacent to Larkwood and now adjacent to Mr. Lee's property. The average house size adjacent to those properties is over 13,000 square feet in size. So, that's a much larger project. The neighborhood meeting. We have gone over most of that. The Larkwood agreement was a height limitation on the four lots. There was fencing. There was a reduction in lots. Tiling ditches. Pressurized irrigation. Fencing agreement. We agreed to the fencing and to do the -- we should have put stamped concrete again there. And, finally, the additional reduction in lots around the perimeter. So, we have lost ten more lots and we have added some fencing and we got an agreement in place, we have got an agreement in principle with the Priddys and with the Atkins. We think this is a great project. We have had opportunity to work with the neighbors and work with Council and the staff and we have found it to be a very positive thing that has happened. We would ask for your approval tonight at this time. We know there are a lot of people here to testify and I would ask if you have any questions at this time and be given a chance for rebuttal in the future. De Weerd: Thank you. Council, any questions at this time? Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. We do have a number of people signed up to testify on this application and so I will just go down this list and see if you still would like to provide testimony. I believe I have an L. Smith. Maybe it's not an L. Does this person wish to testify? Okay. Jeff Papke. If you will, please, state your name and address. Papke: My name is Jeff Papke. I live at 4989 North Larkwood Place. It is the second house in on Larkwood Avenue on the east side of Saguaro Canyon. First, I'd like to thank the Council for giving us this opportunity to talk. It's been quite an experience working with the developer. I have had past experience, my father being in the subdivision business I suppose I was exposed from the inside out, this time working with the developer has been interesting. I must give Farwest credit, they have, from my point of view, gone well to meet with us, trying to meet our demands and as you can see with Larkwood, they have met quite a few. There is still, of course, some concerns and I try to put my city citizen hat on, even though we are in the county right now. I certainly want to see the area around us grow and develop into a pleasant and convenient neighborhood, one that will be accommodating to the types of homes and neighborhoods that we all desire to be living in. The first of the issues that, again, is difficult to address and that is of traffic, with the single entry point, with the current first phase -- couple phases, at least. McMillan traffic is already becoming burdensome, certainly at peak times of the day, and with the added residential traffic it will certainly not improve. I realize this is an ACHD issue and I have been here in the Boise area for about 15 years and, if anything, I have learned with ACHD it is not necessarily very timely in their solutions. So, that is a concern that we have of being members of this one single street coming in. I know the plan of Saguaro Canyon is to have a traffic light there some day with Copper Basin across the street and that's fine, but our street just up the road a little bit will not necessarily benefit -- I guess you can try to zoom in Meridian City Council April 20, 2004 Page 23 of 44 between the lights. The second issue is that of the transition. I know they have already mentioned that and they have made concessions. I will grant that on the regions that abut the perimeter of the subdivision. That's welcomed and we are very grateful for that. However, I put my neighborhood hat on again. If I'm walking down these streets and on one side of the street you see a 13,000 and 19,000 square foot lot and on the other side of the street you see a 9,000, 10,000 foot lot, I wonder what kind of home mix am I going to see -- am I going to see the neighborhood look of common homes as I look down the street, so that is a concern for me. If you were a potential buyer of a lot in that subdivision, I would want to buy this 19,000 square foot lot and pay the amount that that requires, knowing that across the street is a 10,000 -foot lot that's going to have a smaller home. So, as I wrap up, I realize that it's a difficult situation. Growth is inevitable. We all realize moving out here we wouldn't keep our views forever. It's lasted 12 years and we will certainly look to have a nice development there that will meet the needs of the city. Thank you very much. De Weerd: Thank you. Any questions for Mr. Papke? Thank you. Okay. Barb or Jack Nosh. Please state your name and address. Nosh: Barbara Nosh and I live at 5033 Larkwood. I agree much with what Jeff has said. The only thing I'd like to bring up is that with the transition, they have talked about all the open space that they have in this new development, but they are not willing to give us another area that's more in transition for our tract. That's the only thing I can think of. And, of course, the traffic problem is something that's going to be kind of hellatious. Thank you. De Weerd: Okay. Thank you. Did you wish to testify? Okay. Thank you, sir. Becky McKay. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Eagle. I'm representing G.L. Voigt Development. The 60 -acre -- or this parcel right here on the western perimeter is a total of 100 acres. It was owned by Mr. Ashenbrenner. G.L. Voigt Development and Meridian School District got together and convinced Mr. Ashenbrenner to sell his property and the school district has purchased 40 acres here for a new middle school and, then, Mr. Voigt is going to purchase the 60 acres here. One concern that he wanted me to express this evening is the fact that there will be this driveway running out here out to Meridian Road. We have been working with the staff and working with Keller & Associates, because they are wanting us to solidify our design in order to ascertain that sewer alignment for that North Slough Trunk to come through this property into the Saguaro project and, then, head on easterly and your staffs concern was buffering next to that driveway. I know there has been some difficulty with some projects recently. One that adjoins Venable Lane that was denied due to the fact that there was a corridor there separating the interconnection of future developable parcels, so -- the other concern we have is -- as the staff mentioned, the fact of backing lots up against that driveway and what would happen to that driveway in the future when internal access to this five acre parcel and home was acquired. I mean will that 24 feet or whatever it is be there forever? I guess those are some questions that we have. I don't want the driveway to become my problem when we bring in a subdivision plan on this 60 acres. The other problem that was discussed is the half mile Meridian City Council April 20, 2004 Page 24 of 44 is located right here. The staff believes it is in the best interest of the City of Meridian and staff meaning it was Brad Hawkins -Clark and Craig Hood I met with -- that some type of a collector align with the collector at Paramount and come into this development to help feed this center section, which would include Saguaro out to Meridian Road. If you recall, Paramount will have the elementary school and they believe that that half mile, due to the fact that -- of Paramount's size, mixed use, and the elementary school being just due west of that, that that will be a very busy intersection and that they see a lot of traffic coming this direction through us going out to try to get to a signal. If you look at this stub street here, they have got about 3,000 vehicle trips per day in this northern portion when they reach build out that are going to be looking for a direction to go. They have got one single point of access here and in ACHD, in their own WGI traffic study, talks about if these are just stop intersections, a two way stop, this intersection will operate at a level of service F, so we are concerned about that. De Weerd: Mrs. McKay, your time is up, unless Council would like to -- McKay: Do you have any questions? De Weerd: Thank you. Okay. Is Dean Briggs -- are you part of the applicant? Okay. You have a minute and a half. Please state your name and address. Briggs: Madam Mayor, my name is Dean Briggs, Briggs Engineering, 1800 West Overland Road. I'm here on behalf of the Reid family to read into the record a letter, rather than them themselves. Dear Friends: We would like to congratulate our new Mayor and thank her and the City Council and the Meridian Planning and Zoning Commission for three years of untiring work for the planning of north Meridian and compliment them for their foresight of the needs of a growing community. We would like to express our appreciation to Marty Goldsmith and Justin Martin for keeping their promises and honoring their contract. We are impressed with their ability to pay their bills, even before due. The beauty and class of their developments that we have seen are definitely a cut above. Yes, we knew when the well -arranged plan was presented to us, that there were many lots. However, it fulfills a need for the community. With the junior high school and elementary school so very close, it is not just the wealthy people that can have a home, but also those with little young families whose youngsters can walk to the school near their home and we feel there is always a safety factor here which we appreciate. We and ours neighbors have always enjoyed the large acreages surrounding us, but we accepted these significantly smaller two and a half acre lots down the entire east side of our 80 acres for the last many years. Now, we hope these neighbors will welcome the new families that will want to live in this beautiful area also. Sincerely yours, Robert C. Reid and Marlene D. Reid. De Weerd: Thank you Briggs: Thank you. De Weerd: Any questions? Okay. Thank you, Mr. Briggs. Okay. Mr. Youngberg. Were you part of the swearing in process? Meriden City Council April 20, 2004 Page 25 of 44 Youngberg: I was. De Weerd: Thank you. Please state your name and address. Youngberg: My name is Mike Youngberg. I live at 5075 North Larkwood Place. I was here last time. De Weerd: Thank you. Youngberg: I live the fourth house in and I'm just going to basically reiterate some of the concerns. We know that there is going to be a subdivision there. We do accept that and we are -- in a lot ways we are not anxious to see the view go, but we are anxious to see the development finished, so that we know what we have got. The transition, however, and the density and the traffic still remain a concern. As we address that with Farwest, the only concern that I had was that we felt like we are — it was take what you're getting — even the agreement in your file it says as long as you don't request anything else, then, this is what we will do. And that caused us concern. We felt like we either had to accept that or we may get stuck with a subdivision that was more dense. Most of us had never done this before. The first time for many of us, including myself. Transition causes me the same concern as Mr. Papke suggested. The density of the homes along our property, we would like to see those -- those lots approximate in size to what Vienna Woods worked out with our sister subdivision Dunwoody, which is just a quarter of a mile away, where those lots were closer to a half acre in size and, then, if you go right across the street from those, those homes, then, transition down to about a third of an acre to a quarter of an acre and, then, they gradually get smaller and they move away. The way this subdivision is laid out along -- along our side, it would be difficult to do that. And you can see how the lots are larger right against Larkwood and, then, right across the street you're down to the smaller lots. So, it's created simply a buffer of one row of homes and the consistency of that transition causes us concern. Traffic I don't have an answer to. I look at all of the square miles being developed as I look out to the west behind my home and I see Paramount and Lochsa Falls and Saguaro Canyon and all of those have to be feeding down someplace and they are going to be coming down our road, on McMillan, and that worries me as to how we are going to get in and out of our subdivision. So, I'm just concerned about timing more than anything else. Timing and transition, as to what is the best time to move forward with this subdivision. The only thing I would suggest is some of the buffer along the frontage of McMillan, perhaps, is so large, if there were any way to incorporate some of that into larger lots to better adjust for that transition would be nice. Any questions? De Weerd: Thank you, Mr. Youngberg. Any questions? Thank you. Okay. Those are the people that were signed up. Is there anyone who would like to offer testimony that was not on the sign-up sheet? Please step forward. Lee: Got here late and you had already taken the sign-up sheet. My name is Grant Lee. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 20, 2004 Page 26 of 44 Lee: Yes. Or my wife will get angry with me. De Weerd: Well, we'd hate that to happen. Please state your name and address. Lee: My name is Grant Lee. I live at 5603 North Locust Grove Road. I was here in the past to voice my objections, so I'm here tonight to reiterate, according to my letter that I sent, that my problems and concerns have been alleviated in meeting one on one with Justin with Farwest and I want to personally thank you members of the city Council for providing the forum in which we could meet and discuss our concerns and have a chance to work those out. Vienna Woods is across the street from me and I was concerned with having a lot of traffic in and out, but I can honestly say that I have not experienced any traffic problems living right across the street from Vienna Woods, for me or my family getting in or out anytime we wanted to. I don't even remember seeing another car pulling out of Vienna Woods at the time that I was pulling out. Once again, I just want to thank the Council and thank Farwest for working with me. I don't want something for nothing, but I feel like I have been treated equally with my neighbors and that's all I requested. Thank you. De Weerd: Thank you. Okay. Anymore testimony? Okay. Would the applicant like to come and provide rebuttal or response? That's a better way to put it. McKinnon: Thank you, Madam Mayor, Members of the Council. Again, Dave McKinnon representing Farwest tonight. I appreciate the comments that we have heard tonight. I really appreciate Mr. Lee, his last bit of testimony there, it was very nice. I'll just address the comments that were made by Mr. Papke and Barb and Mr. Mike Youngberg, just all three of those. I think they addressed many of the same issues. They talked a little bit about traffic and they talked quite a bit about the interior transition and how things would happen within this subdivision and before I address traffic and I know Gary Inselman is here tonight and he could probably address it better than me, but I won't call on him. On the transition, typically what you deal with on these types of lots that are on the corners and 90 degrees, you end up with a pie -shaped lot. Those lots tend to be larger in size than the normal lots. Those lots are very large in size and the reason why we have added so many 90s along this area is so that the rear lots would be only approximately two lots for every single one within Larkwood Homeowners Association and across the street you go down to the 10,000 square foot lots. Those are not small lots, those are still, you know, a couple thousand feet larger than the minimum lot size and as you go back in it's not until you cross the collector street that you get to the smaller lots. These are all over, you know, nine and a half, 9,200 square feet up 11,000 square feet in size. These are large lots on the interior here. There are smaller lots adjacent to the school site and Mr. Ashenbrenner's site and we have put those across the collector street to provide that transition, so its very large, large, medium and, then, smaller as you go across that direction. So, there is a transition as you go from east to west within the subdivision. Traffic concerns. We have had traffic concerns for a number years, from the time I was working here until now traffic has always been a concern and there has been a recent concern with north Meridian area plan, what's happened to it, how it's going to happen again. Unfortunately, the impact fees that are paid for these types of projects are spent in different areas right now and Meridian City Council Apri120, 2004 Page 27 of 44 you can't have the change in the road system without the impact fees. Without the development there is no impact fees and you won't be able to pay for the growth and pay for the improvements in the roads in the future. So, this growth is paying for the fixing and the building of roads in other areas and in the future these roads will be fixed and that's just the way things work with ACHD right now. The other thing to consider with this site is that we have the McMillan -- not McMillan, but there is large ditch that runs along McMillan, so we don't have the ability to do a secondary access out on this site. There was some discussion about Lochsa Falls and Paramount being further down. Both Lochsa Falls and Paramount have additional accesses to Chinden Boulevard and out to the different north -south streets and so it's not all traffic directly impacting on McMillan Road. Becky brought up a few good issues and I'd just like to address those really quick. I have had a chance to talk with Brad Hawkins -Clark as well about that collector road and collectors are one -- the city would like to see collectors at the half mile, but they don't have to align directly with the half mile and you can see that with Lochsa Falls development. Those of you that were on Council may remember the Mosses that came and testified at many meetings and they didn't want to see a road running right up their house and so that offset and I see that we have a similar situation with the Priddy property right there. They don't want to see the traffic running right up the side of their very expensive homes and their property. We understand the buffering issue. The street could come in at the half -mile location and, then, jog to the south, in such a manner to provide a buffer to that 24 -foot wide street. In addition to that, we are supportive as well of getting rid of that 24 -foot road once this all develops and so what happens to that 24 -foot wide road is something that the -- the owner of that property is the Boyack family. They would be able to work with the Ashenbrenner -- or the piece — the owner of the Ashenbrenner property to decide what to do with that in the future. But that's a piece of property that we don't own at this time and they can work with them on that and we feel that that's the appropriate way to handle that, especially if there is a limitation that only one house can use that and once it redevelops they have to find another access point, so they won't be able to use that in future. Again, we think this is a great project. We have had, you know, an opportunity to meet with you several times, we have made some great changes to the site. I'd ask for your approval and ask if you have any questions at this time. De Weerd: Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Mr. McKinnon, the five acre lot -- I seem to recall on the previous discussion we had some talk about the hook up to the sewer and all that. Could you remind me of kind of where we were with that? I mean that hasn't changed, at least from the reports that's -- McKinnon: No, it hasn't changed. You should have received a letter from the person that is going to own the property and that's -- I have got to flip the page here. The name escapes me. The Wilsons. And they have agreed to hook up to city water and sewer Meridian City Council April 20, 2004 Page 28 of 44 once it becomes available to that site. They would still like to move forward with a well and septic and that's with the approval from the city Public Works department. Nary: Thank you. McKinnon: Thank you. De Weerd: Mr. McKinnon, I guess I was interested to find out more about the second access. I know both of our police and fire department have asked what additional access you would have in and how you're going to phase it before that second access is available. McKinnon: Okay. Madam Mayor, as you might remember from the original meeting there was, essentially, a Mason-Dixon line drawn, you know, parallel to the Boyack property here that nothing else would be able to be constructed beyond this point until a secondary access was provided to the site. Mr. Lee's property, I believe, that there will be an access provided at this location in the future with the Ashenbrenner property being developed as Becky talked about tonight. They are in design for that right now. A secondary access would be provided through here. As Becky mentioned, sewer will be coming through at this -- through this site sometime in the near future, running through Larkwood. That access would provide a roadway as well. That's typically where the road is is where the sewer is and so there will be a roadway connection probably with Ashenbrenner's property. There are a number of stub streets located on the north and to the east of this site. The ten -acre parcel north of Mr. Lee's property has sold and they are working on a development plan for that at this time. So, you're starting to see secondary accesses would be provided prior to us getting to this point. One thing to remember is that subdivisions are not built in a day. There are a number of phases and they go forward and as this moves forward, those accesses, hopefully, are going to -- they will be created as the rest of this property around it develops. ACHD staff report takes into consideration that they believe that these accesses will be there before we get to this point. De Weerd: Okay. Thank you. McKinnon: Thank you. Okay. Any further questions for the applicant or staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I still have concerns about that 24 -foot access road, phase ten. You kind of waffled on the solution and I want a solution with this project. I don't want another Venable Lane or another Wingate Lane issue for the city to deal with. I don't know what that solution is, but it needs to be written in the development agreement that that will go away. McKinnon: Okay. Meridian City Council April 20, 2004 Page 29 of 44 Rountree: I would open that part for some discussion, but I think that's something we ought to take care of now. Powell: Madam Mayor, Members of the Council. De Weerd: Yes, Anna. Powell: I did want to point out there is just -- part of the difficulty with the Venable and Wingate was the multiple ownerships, so the one benefit we have here is that there is just a single ownership. Or the multiple rights to an easement, I suppose, rather than an ownership, but here we have a fee simple ownership in -- tied to a single owner, so -- Nary: Madam Mayor? De Weerd: Mr. Nary Nary: Yeah. I guess I would agree also with Councilman Rountree that, you know, that's not an objection to the applicant, I think we need to have that cleared up front, that that access point will be gone or eliminated at whatever point that we have discussed, when it's developed, when the secondary access is available, whatever that is, so that doesn't become a continuing problem. McKinnon: Madam Mayor, Members of the Council and Councilman Nary, I think they are talking with the owners of that property right now and if I could just have a chance to confer with them really quick. Like I said, we are agreeable to allow that to only be used for the single house and, then, as that property redevelops there will be a new preliminary plat that would be brought to you. At that time you have a chance to deal with that preliminary plat as well. But let me go confer with the client really quick and be right back. Just one moment. De Weerd: Council, do you want to take a five-minute break? Rountree: Sure. McKinnon: That would be great if we had a five-minute break. De Weerd: Thank you. (Recess.) De Weerd: Okay. I'll go ahead and call the City Council meeting back to order again. And, Mr. McKinnon, you have changed. McColl: I have. De Weerd: And I don't believe you were sworn in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Coundl April 20, 2004 Page 30 of 44 McColl: It is. De Weerd: Thank you. Please state your name and address. McColl: Madam Mayor, my name is Brian McColl and my address is 420 West Washington Street. I just wanted to finish up with what the developer is prepared to do to handle this particular problem and it is as follows, keeping in mind that the Boyack property is part of the total parcel that is subject to the petition for annexation, preliminary plat, and rezoning. They will -- they will be signatory on the development agreement. In the development agreement there will be a provision that the lane will be limited to use for one single family residence on that five acres, until such time as the -- either that residence obtains other access, other public access, and/or the five acres is -- comes up for redevelopment application. At that time they will, number one, relinquish any rights to use that lane for access and, number two, offer it for sale to either the property owner on the north or the property owner on the south at appraised fair market value. So, that way I think the Council can have contractually a solution whereby this lane will disappear after the Boyacks and/or their successors no longer use that -- redevelop that five -acre parcel. De Weerd: Any questions? Okay. Thank you. Powell: Madam Mayor, Members of the Council? De Weerd: Yes, Anna. Powell: I did want to show the Comprehensive Plan, the reference made to the collectors and kind of scooting those collectors a little bit. As you can see, it is a very diagrammatic future collection of streets. I mean it is -- and I do think the intent was to let them move a little, but, in general, to have them on the half -mile section to accommodate the traffic as it collects towards the center of the section. Whatever decision the Council makes tonight regarding that 24 foot access way out to Meridian Road, it would be nice to leave opportunity for it to, eventually, be a road, if that's the way that Council wants to go or if the public opposition — I guess I'm just saying it would be nice to leave the issue maybe not completely resolved now -- not prohibiting a road there, but at least not that -- the Priddys are not here today to -- oh, we do have a Priddy here. Sorry. We have a representative for the Priddys here today and I'm not sure how strongly they feel about a road being at that half mile at the time that they want to develop. I'm thinking they may be more amenable to it at that time. So, I just wanted to raise that or clarify that one issue. De Weerd: Thank you. Did the Priddys' representative want to say anything? You can't saying anything -- were you sworn in? Greiner: No, you better swear me in. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 20, 2004 Page 31 of 44 Greiner: Yes, it is. De Weerd: Thank you. Please state your name and address. Greiner: Robert Greiner, 2440 North Lanewood. I think we are -- when I talked to John and Ed Priddy today, their consensus was this is probably the most important thing they want to talk about and we -- I mean I came forward today and told Dave I would not mention anything or have any opposition to the development, as long as the things that he mentioned earlier were met and so we do have a concern with the road. We really would not like it to be there. We would like the lane to be exactly as this gentleman stated, that it would be used until phase ten or that five -acre parcel either became a developed parcel or they had other accesses to use and so I guess we are voicing opposition. We would not like that to be a main road. De Weerd: But you are in agreement with what Mr. McColl said? Greiner: Yes. De Weerd: Okay. Greiner: We would certainly agree with that. De Weerd: Thank you. Okay. Council, any further questions for staff or the applicant? Okay. What's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more comments, I'd move that we close the public hearings on AZ 03- 027, PP 03-032 and CUP 03-058. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: The only discussion I have is to compliment Farwest and Mr. Martin and all of the development that went into this and the opportunity the neighbors have had to have some input, so that -- it sounds like -- I don't know that it's perfect for everybody, I think Meridian City Council Apri120,2004 Page 32 of 44 everybody has had an opportunity to have that discussion and get their feelings heard and an opportunity for them to be addressed by the development in this and I think this is -- there are issues here that we have some issues and concerns with, but I think they have overcome the majority of them and I think it's going to be a very positive addition to our community. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Nary and the thing I like about it is the way they went back and made the larger lots and everything to kind of tie in with the surrounding area and I appreciate that. We have -- it seems like we have been getting lately a whole bunch of the R -8s and it's nice to have something that is a little larger out there and I certainly appreciate it and they did try to accommodate all the neighbors, which I applaud Farwest for doing that and trying to make it and I'm like Mr. Nary, I'm sure it's not a hundred percent full proof, but I believe it's a positive step out there and I can certainly support it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'll take the other side of the coin and thank the neighbors that participated and are here tonight. Your testimony was professional. It was heart felt. I know you probably feel as if you didn't win all the points you wanted to win, but your time is important and we appreciate the way you presented yourself and thank you. De Weerd: Thank you, Mr. Rountree. I think we all can ditto what he said. Any further comments? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 11, AZ 03-027, annexation and zoning for Saguaro Canyon Estates Subdivision and to include all applicant, public, and staff comments. Bird: Second. De Weerd: Okay. Mr. Wardle, does that also include what Mr. McColl testified to? Wardle: Yes, Madam Mayor. De Weerd: Thank you. I just wanted to make sure. Okay. It's been moved and seconded to approve Item No. 11, AZ 03-027. Any further discussion? Mr. Clerk, will you call roll. Meridian City Council April 20, 2004 Page 33 of 44 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 12 is the Public Hearing for PP 03-032. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No.12, PP 03-032, preliminary plat for Saguaro Canyon Estates Subdivision and to include all public, applicant, and staff comments, including the issue of the 24 foot easement. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 12. Is there any further discussion, other than to talk to the applicant about naming future subdivisions? Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, for the record, if Mrs. Powell could give me the date for this revised preliminary plat. Powell: 4/6/04. De Weerd: Thank you. 4/6104 for the record. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 13. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No.13, CUP 03-058, Conditional Use Permit and planned development for Saguaro Canyon Estates Subdivision and to include all applicant, staff, and public comments. Bird: Second. De Weerd: Thank you. Third time is a charm. Wardle: Got it right. De Weerd: It's been moved and seconded to approve Item 13. Is there any further discussion? Powell: Madam Mayor? Meridian City Council April 20, 2004 Page 34 of 44 De Weerd: Yes. Powell: Members of the Council, I realize I forgot to point out that Brad did add a condition for a Conditional Use Permit in his memo regarding the frontage. That 24 -foot flag lot would provide sufficient frontage, so I just wanted to make sure you were aware of that. Thank you. De Weerd: Okay. And the motion and second. Okay. Wardle: Yes. De Weerd: Okay. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: Request to provide roll off services to the City of Meridian: De Weerd: Thank you. And thank you all for joining us. Okay. Item 14 is a Public Hearing on request to provide roll -off services to the City of Meridian and I'm not too sure who is going to present this. Mr. Sedlacek. Sedlacek: Thank you, Madam Mayor, Members of the Council. Do I need to say my name? De Weerd: Yes. Please. Sedlacek: My name is Steve Sedlacek and my address is 2130 West Franklin in Meridian. De Weerd: Thank you. Sedlacek: Sanitary Services is always in the business of evaluating its services to the city and we have written you a letter -- a memorandum dated March 13th that you should have in your packet. We would like to add additional services to our roll -off -- our current roll -off services. What we find for the customers that have temporary projects around their home or construction contractors that need specific size containers right now, we basically offer a three yard container, which is the size that you see behind City Hall here and after -- if that's too small, the next size up is a 20 or a 30 cubic yard container, which is enormous. Typically, you would see those at a large construction project. So, for the people in between that might have a two or three week construction job at their home, they have to comply with what we give them and we would prefer to provide a wider range of services and meet their needs and let them choose what they want. Another issue is the three -yard containers are very inexpensive and, then, the next step up is a 20 or a 30, which is very expensive. It could be 200 dollars every time you dump it, versus a three yarder, which is about 20 dollars every Meridian City Council April 20, 2004 Page 35 of 44 time you dump it. So, what we would like to do, as stated in the memorandum, is offer six and eight and ten yard containers, so it goes three, six, eight, ten, 20, 30, 40. This will allow us -- this will give us the widest range of roll -off services of any contractor in the valley of any city in the valley and it fills in that cost gap, too, so that people have sort of an intermediate range of cost that they can get when -- which is more suited to their need. And so in our memorandum we do show the photographs of the containers and how they are loaded. We will be hauling them with a trailer with a roll -off hoist. We call it a mini roll off system. And it's a nice little addition to our services that we provide and we are hoping to get your support for these additional services. De Weerd: Thank you, Steve. Is there any questions? Okay. Thank you for your thorough overview. Sedlacek: You are most welcome. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to testify? No. Okay. Council, would you like to close the Public Hearing? Bird: So moved Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we pass on this, I just want to say that SSC has always come to the front in helping patrons of Meridian with their trash and I certainly appreciate it in not only as being a patron, but also on the Council up here, that it's -- your foresight is so good and you guys have done such a great job and we certainly appreciate it. Rountree: I would second that. De Weerd: Yes. Thank you. Just a point of information. You all received a copy of a letter from Idaho Waste Management. Bird: Yes. De Weerd: I did talk to SSC and suggest that the SWAK take a look -- or offer to meet with the agency and, then, can report back to Council on if this is something that we should take up at a Council meeting. Rountree: Gee, thank you. Meddian City Council Apol 20, 2004 Page 36 of 44 De Weerd: You're welcome, Charlie. Powell: Madam Mayor, Members of the Council, I'd also like to say, you know, since we have started the comments meeting, SSC has been there every single meeting, fully participating in the comment sessions and really trying to address site planning issues in advance of coming to the Planning and Zoning Commission and I have really appreciated their input and their insight on those issues. De Weerd: Thank you, Anna. The Public Hearing is closed. And that's why we waited until now to make any comments about you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Do we need to make motion for the approval or -- De Weerd: Mr. Nichols? Nichols: Madam Mayor, Members of the Council, in the past you have directed me to prepare a resolution that sets out these new fees. Nary: Then, I would make a motion to request -- I guess if we even need a motion. I would request that we have a resolution to approve the fees as requested and -- for these additional services by SSC. Bird: Second. Rountree: Second. De Weerd: Okay. It's been moved and seconded to direct our attorney to draw up the resolution. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 15: Report from Brad Watson on sewer feasibility north of Area of Impact: De Weerd: Okay. Item 15 is a report from Brad Watson on our sewer feasibility north of our area of impact. Watson: Thank you, Madam Mayor. I'm a little more technically prepared this week, with some capable assistance of my staff. What we have got on the screen here is an aerial photo of the area north of Chinden. This -- the bottom of the photo includes Chinden. It goes a mile north passed the bench area. I'll preface all this by saying we have done as much of an analysis as we can on sewering four or five square miles in a Meridian City Council April 20, 2004 Page 37 of 44 week as possible. We have looked at three options. I'll back up just a little bit and pan over. We had to break this into two separate analyses. If you look east of Linder Road, there is some ongoing development through here and some golf course and -- actually, east of Ten Mile Road as well -- that we think we would have quite a bit of difficulty getting a trunk sewer to go all the way westward down this area. So, what our staff engineer has done is broken into two separate analyses. The first one is the mostly undeveloped area from McDermott to Ten Mile Road and he's put together several options. Two of these options try to utilize the trunk system that we have planned, the McDermott Trunk and the Black Cat Trunk. What happened is in order to sewer this by gravity, either by having a collector down on Chinden or by putting one through the middle of these properties and, then, down, is that we drive the sewer anywhere from eight to 13 feet deeper. Some of the sewer in Chinden Road would be 30 feet deep. It drives the Black Cat lift station and the McDermott lift station again 12, 13 feet deep. We are there already. In the 25-foot range. Not that its impossible, but we are getting into some fairly complex construction out there if we went this way. The third option he looked at -- and I only have one of these up here, because each drawing takes about four minutes to load, because of all the photos. The third option he looked at was putting in sort of a sub-regional lift station down here somewhere down towards McDermott and pumping into one of these future trunk lines that we have master planned. Rough estimates on these three options are anywhere from about 1.8 million to I think 2.5 million to sewer just these -- well, it turns about to be about one square mile through here. Going eastward past Ten Mile Road, there has been quite a bit of very -- what's the opposite of dense — non-dense development out there. I inserted the plat -- preliminary plat of Paramount Subdivision just for reference. We do have at least one developer who is looking at this property west of Meridian Road quite seriously. Gary and I met with him several weeks ago. From what I can gather he had a project that was of a density of about one unit per acre and all along they were planning on using a package wastewater treatment system. Eagle sewer district wouldn't sewer them. From what I have been able to gather, DEQ has put a stop to these package wastewater systems of this particular type, so this particular developer is stuck without any kind of sewer availability. There is really not a good solution for sewering this area where much of this development has occurred. The one thing that we just haven't had time to get to is to look at a series of -- they are not even sub regional, they are just a series of lift stations that could pump back south into what will be a trunk line in Paramount or trunk lines in Linder Road. I did speak with this developer late this afternoon and he's pretty serious about trying to work something out with the city. We have talked to him about all the political ramifications. There is Eagle Sewer District and I think Eagle city. There is Ada County. There is United Water. There is a lot of different agencies that would be involved in something like this, but he's interested in doing something in a pumping situation that would come back down into Paramount or into a trunk that is master planned up Linder Road and, then, just south of Chinden. This phase of Paramount that would bring the trunk up this close is phase seven. They are on their third phase right now. So, maybe it's not that far away. The one problem we have is that if we -- we just looked at all of the undeveloped area and assumed I think one ERU -- 1.25 ERU per acre. That's much more dense that what has developed, but from what I'm told that it could be that high. I don't know Eagle's zoning code very well, so that was -- or Ada County . I don't know. I barely know ours, but I don't know the other agencies. That's Anna's territory. Anyway, just based on what we Meridian City Council April 20, 2004 Page 38 of 44 guessed, it looks like the sewage that would be pumped out of this area from roughly one half mile east of Linder and the remaining area north of Chinden, but above the bench, could have some capacity impacts on these lines. A lot of these lines are already built. So, all I can tell you right now is I couldn't say that we can sewer this easily by lift station. I think it needs a lot better and more thorough analysis and to do that, given the other priorities we have, I would guess probably a month, month and a, half to properly get this into our model and give it a good shake. I think that's all I had. Do you have any questions? De Weerd: Well, I guess, Brad, you know, the area to the east of Linder Road, in my opinion, is in Eagle's area of impact and we shouldn't worry about it. I guess it was more in the area to the west of Linder and because of the sewer or the service issues to the east of Linder, you know, I wanted to see if we would be able to service that area west, because it just would appear that we would be the most logical entity to provide services to those areas, if it should ever be requested, and wanted to know the feasibility of that. Watson: Madam Mayor, it's probably not a saying that's restricted to the engineering community, but with enough time and money we can build anything you want. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a quick question for Brad, just to follow that up. I think one of the things that we were looking at is would we be the most logical entity to sewer this area, given the obvious topographical challenges that lie in that portion? Does that make sense, Brad? Watson: Councilmember Wardle, I think it makes sense. I think if we were to give this just study, we would probably need to actually meet with Eagle Sewer District and maybe even Star and see what is most logical and to do that I think we are going to need to involve their engineer, which happens to be JUB, Eagle's sewer district, and Star I think is Keller & Associates. We know them well. So, it probably wouldn't be that hard to do, but it's going to take some time to get everybody on the same page and really look at this. I don't think this is easily sewerable for anybody, but maybe we are the most easy. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that Eagle is already out to the east side of Meridian Road and I think it's Boise, not Eagle's sewer district themselves. I think they have subcontracted to Boise and follows the river down to Banbury or downhill I mean. I really -- I mean you're not just talking about sewer, you're talking about a political impact area, which we don't have. We are evidently looking into sewering an impact area that belongs to Eagle and to Star, as far as I know, and I don't -- I think our developers should demand that we get Meddian Clty Council April 20, 2004 Page 39 of 44 sewered out within our impact area before we worry about going outside of our impact area and we are a long ways from that. That's my comment. Powell: Madam Mayor? De Weerd: Yes, Anna. Powell: Commissioner Bird, I believe that, actually, the area between Linder and Black Cat -- no. Linder and McDermott is currently not in anyone's area of city impact and that's the question that Eagle and Star are squabbling over the area right now and I believe that's why we are looking into -- Bird: It is Spur Wing Subdivision, which is the big involved out there, which could care less about going into any sewering system or any city and to sewer it -- I don't believe it will flow our way, according to what JUB -- I will have to pull the master thing that they give us about six years ago, but I don't think it -- I think at Chinden Boulevard it changed and started down to the north, if I remember right. I don't know. I just think we need to worry about our own impact area, so we don't lose a whole bunch of it like we did about ten, eleven years ago, because we didn't have our services out there. De Weerd: Mr. Bird, I -- this was really brought up, because of the request of the developer in Eagle's area of impact that could not be sewered and because of the request for the area of impact and they wanted our support, we wanted to know who could best service that area. A second reason is we will be meeting with the rural fire district next week as this is in both the rural and our fire district to service for fire protection and this discussion -- I think in supporting the rural and our fire department and their concern that this area would be taken out of their fire district, we needed to also look at can we service it in other ways if this area of impact were asked by Ada County to be put in a city area of impact. As far as we are concerned, we would like to see it kept in the county. If it needs to be put into a city area of impact, who could best service that. It is an area that the rural fire district does count on in their budgetary type of situations and it is part of the commitment they made when we obtained that Linder lot to service that area as well and so that is what has initiated this conversation, in particular Star has an area of impact public hearing next week and they had originally come to us for our support and, thusly, it created -- it started this discussion. And that's why we asked our staff to take a look at it. Is it something that we could sewer and who would most logically be able to service this area if it is brought into anyone's area of impact. Bird: Madam Mayor, I know why it was done and there is nothing that says that they -- the rural district might lose that. That will have to be brought in court, because I don't believe that Eagle has a fire department. They have a fire district, but not a fire department. When they annex is there a guarantee that Eagle fire goes in it. De Weerd: Traditionally it has -- Bird: Traditionally, but legally. And the fire district -- Mr. Fitzgerald is looking into that. Star is under the same. Boise and ourselves are the only ones that have our -- have a Meridian Clty Council April 20, 2004 Page 40 of 44 fire department, along with Boise has Whitney as a rural, but we have our own rural. I agree with that, but I also think that we need to worry about our impact area right now and get it taken care, so we can control the growth as we deem feasible. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: There is one thing that you said in your comments that's key to this and it's the county's job to untangle this thing that we have got here. We have multiple jurisdictions with various degrees of responsibility in this piece of dirt. Whether it's our fire district or whomever can sewer it, it seems to me if anybody makes application for a change in impact, they -- the county either makes them the burden of proof that they can provide those services reasonable or the county fund a study that looks at where best to this put this land, leave it in county, leave it in Star, leave it in Eagle or Meridian. I would object for the City of Meridian to cant' all the water on this. If we did it in cooperation with all the involved cities in the county, possibly, but it seems to me that the county should step up and say we have let these kinds of -- our predecessors have let these kinds of things happen and we are going to step up and try to resolve them. I haven't heard them say that. They just keep getting applications for somebody who wants to lay claim to it. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I think I would concur with Councilman Rountree on that. I mean at least to me -- I mean we are going to have a discussion with the rural next week, but it sounds to me like the city's position is going to be we need a much better look at this area in regard to all of those players and affected parties, the different cities, to different fire districts and the like and that we really -- we don't have enough information at the moment to say where this area should be, but we have enough to know that it's not an easy answer and it can't just be in Meridian and Star or in Eagle, without really -- or left in the county without a lot more study and evaluation and at least right now that seems to be where, I guess for myself, I would be leaning towards a comment to the county, if we are going to make one, would be you need to look at this a lot more closely as to the real feasibility of doing this before we do anything. De Weerd: Very good. Any further comments? Soap boxes? Rountree: Shoes and tables. De Weerd: Exactly. Nary: Now that the TV camera is gone. De Weerd: Well, Craig's still here. He's here at a hearing. Meridian City Council April 20, 2004 Page 41 of 44 Bird: He's going to want the ordinance in its full — Item 16: Tabled from April 13, 2004: Resolution No. Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: De Weerd: Okay. Item 16 is tabled from April 13th. Resolution No. 04-031, approval to proceed with the work for tree replacement on Main Street by cashing out a 500 dollar deposit. Is there any discussion on this item? Okay. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution No. 04-430 -- De Weerd: Three one. Rountree: Three one. Excuse me. Bird: Three one? De Weerd: Yeah. The resolution three oh was on the Consent Agenda. Bird: I'm sorry, Will. I second that. De Weerd: Okay. It's been moved and seconded to approve Resolution 04-431. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. Amended Ordinance: Pretreatment / Sewer User De Weerd: Okay. Item No. 17 is Ordinance 04-1075. Mr. Clerk, will you, please, read this by title only? Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1075, an ordinance amending the following sections. Section 9-2-2 D local limits to provide for a revision to maximum daily concentration M, G per L, and to add a new paragraph on stringent limits or rules, Section 9-4-2 definitions and specifically the definition of sewage or waste matter to remove language from the definition and to add a new paragraph on stringent limits or rules, Section 9-4-4, city authority to remove and add language to this section and add a new paragraph on stringent limits or rules and Section 9-4-2, 4, Sewer users charges and connections fees to remove and add a claimed week to section for the City of Meridian Idaho of Chapters 2 and 4 of Title 9 of Meridian City Council April 20, 2004 Page 42 of 44 the Meridian city code, providing for appeals, conflicts, validity, savings clause and providing an effective date. De Weerd: You have heard that glorious and entertaining title to this ordinance. Is there anyone who would like it read in its entirety? Thank you. We are forever in your debt. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 04-1075, with suspension of rules. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 17. Is there any further discussion? Mr. Clerk, will call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Water, Sewer and Trash Delinquencies: De Weerd: Thank you. Okay. Item 18 is delinquency for turn off. 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 20th, 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, or trash bill is delinquent. You may retain counsel. Your service will be discontinued on April 21st, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. They are hereby informed that they may appeal or 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 $14,914.81. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the delinquency for turn off schedule for April 21 st, in the amount of $14,914.85. Nary: Second. De Weerd: Okay. It's moved and seconded to approve the delinquency turn off list. Any further discussion? Mr. Clerk, will you call roll. Meridian City Council April 20, 2004 Page 43 of 44 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(c): De Weerd: Okay. Our last item on the agenda is an executive session. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move we go into executive session, pursuant to Idaho Code 67-2345 (1) (c). Bird: Second. De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: All ayes. EXECUTIVE SESSION De Weerd: Would entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. De Weerd: It's been moved and seconded to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: No decisions were made while in Executive Session. Well, that's the end of our agenda, I would entertain a motion for adjournment. Rountree: So moved. Nary: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Meridian City Council April 20, 2004 Page 44 of 44 MEETING ADJOURNED AT 10:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) �� .- • - �Bw DATE APPROVED