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HomeMy WebLinkAbout2004 05-04CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 4, 2004 at 7:00 p.m. City Council Chambers Roll -call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Matt Brown — Boy Scout Troup 190 3. Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: Presented 4. Adoption of the Agenda: Approve as Amended S. Consent Agenda: Approve as Amended A. Findings of Fact and Conclusions of Law for Approval: 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: Table to May 11, 2004 Meeting B. Findings of Fact and Conclusions of Law for Approval: 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: Table to May 11, 2004 Meeting C. Findings of Fact and Conclusions of Law for Approval: 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: Table to May 11, 2004 Meeting Meridian City Council Agenda— May 4, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Award of Bid for 2004 Waterline Improvement Project, Eagle Road Waterline Extension to Lurre' Construction, Inc.: Approve E. Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: Approve F. Resolution No. 04-432 : Provide for Additional Roll Off Services within Meridian and to set roll off service rates within the City of Meridian: Approve G. Resolution No. 04.433 : Mission Statement and Vision for the City of Meridian: Approve H. Approve Bills: Approve I. Approve New Beer 8t Wine License for Vina Restaurant —1534 Main Street: Approve 6. Department Reports: A. Public Works Department — Gary Smith Trunk Line Water tit Sewer Assessment, Connection and Miscellaneous Fee Proposal: Presented, set Public Hearing for 6-1-04 2. Explanation for Temporary Easement B. Mayor's Office Mayor's Report: Appointment to Traffic Safety Commission — Elaine E. 7. (Items Moved from Consent Agenda) 8. FP 04-028 Request for Final Plat approval of 43 single family residential building lots and 3 common lots on 14.34 acres in a R-4 zone for Cobre Basin Subdivision No. 4 by Havasu Creek, LLC — east of North Meridian Road and south of East McMillan Road: Approve 9. Public Hearing: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Courtyard Condominiums by N.M. Enterprises — south of East Overland Meridian City Council Agenda— May 4, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting Road and east of Celebration Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises - south of East Overland Road and east of Celebration Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: PFP 04-002 Request for Preliminary / Final Plat approval for the re -subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridnetower Crossing/Gallery Subdivision by Primeland Development, LLP - northeast comer of West Belltower Drive and North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: REVISED AZ 03-029 Request for annexation and zoning of 26.48 acres from RUT to R-8(PD) zones for proposed Sheridan Place Subdivision by CMD, Inc. - north of East McMillan Road and east of North Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: REVISED PP 03-035 Request for Preliminary Plat approval of 50 building lots and 15 other lots on 15.34 acres in a proposed R-8 (PD) zone for Sheridan Place Subdivision by Doug Campbell - north of East McMillan Road and east of North Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: REVISED CUP 03-060 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for proposed Sheridan Place Subdivision by Doug Campbell - north of East McMillan Road and east of North Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Water, Sewer, & Trash Delinquencies: Approve 16. Tabled from April 27, 2004: Ordinance No. 04-1076 Traffic Safety Commission Amended Ordinance: Approve 17. Ordinance No. 04-1077 AZ 04- 002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Meridian City Council Agenda— May 4, 2004 Page 3 of 4 All materials presented at public meetings shall become property oftho City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearing please corded the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: Approve 18. Executive Session per Idaho State Code 67-2345(1)(b): No Decisions Meridian City Council Agenda— May 4, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilitiea related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 49 hours prior to the public meeting. Meridian City Council Meetina May 4, 2004, The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, May 4, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Chris Gabbert, Will Berg, Anna Powell, Brad Watson, Bill Musser, Gary Smith, Kenny Bowers, 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 open up the City Council regular meeting of Tuesday, May 4th. It's 7:10 and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. I would like to welcome you all here tonight. Our next two items have been added this year. It's to encourage more community participation. We are lucky to have Troop 160 here with us tonight and -- oh, 190. I'm sorry. I reversed that six, didn't I. And we have Matt Brown that's going to lead us in our pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: De Weerd: Thank you, Matt. We have also included a community invocation. Our goal is to include all of our faiths here in Meridian and we have asked the different churches to join us each week and lead us in a community invocation. Please take this time in prayer or a moment of silence to really reflect on what the meeting is about and what we have in front of us. We will be led by Pastor Craig Flynn with the Meridian Alliance Church. Thank you for being here with us tonight. Flynn: You're welcome. As the Mayor said, let's have a moment of silence and, then, I will lead us in prayer. Father, we acknowledge that you are great and you have established this city for your purposes and for your glory and we thank you for the opportunity we have to dwell in this city, where we acknowledge that you are the one who leads and guides us, you appoint governments, city officials, leaders in the community and we just acknowledge your sovereign hand in orchestrating this city. We Meridian City Council May 4, 2004 Page 2 of 26 thank you for your love and your presence and that your heart is to bless the city. Lord, I pray that we will be a people tonight in this meeting that humbles ourselves before you, that you would give us grace and lift us up. God, thanks for the government sitting before us. We pray a blessing on them as they sense your direction and make decisions. We thank you for this wonderful Boy Scout Troop tonight represented in those in this room. We thank you, God, for the great things that you're doing through Boy Scouts and other clubs. God, thanks for the fire district and the policemen and all the community services. Lord, you have put us together to function as a city and we pray your blessing on the city tonight and blessing on this hour of conversation and decisions, in Jesus's name, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Flynn. Okay. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have got some changes, but on the Consent Agenda, which we will also take care of when we go through here, Items A, B, and C have been asked to be tabled to May 11th by the applicant. The city clerk has asked that we add an Item I, a beer and wine license for Vina Restaurant and it's all been approved and taken care of. The Public Works Department, our city engineer, has asked for item number two, a contract that he would like to explain. And, then, President Nary asked that on Item 18, the Idaho State Statute 67-2345(1)(6), that we have an executive session. And with that I would move that we adopt the revised agenda. Rountree: Second. De Weerd: It's been moved and second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: 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: B. Findings of Fact and Conclusions of Law for Approval: 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 Meridian City Council May 4, 2004 Page 3 of 26 Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: C. Findings of Fact and Conclusions of Law for Approval: 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: D. Award of Bid for 2004 Waterline Improvement Project, Eagle Road Waterline Extension to Lurre' Construction, Inc.: E. Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: F. Resolution No. Provide for Additional Roll Off Services within Meridian and to set roll off service rates within the City of Meridian: G. Resolution No. Mission Statement and Vision for the City of Meridian: H. Approve Bills: I. Vina Reastaurant — Beer and Wine License: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Items A, B, and C has been asked to be tabled to 5111/04. The city clerk has asked that we add item I, which is a beer and wine license for Vina Restaurant and with that I would move -- I need the resolution numbers on those two resolutions. I'm sorry, Will. Okay. Resolutions 04-432 and 04-433 and for the Mayor to sign and the Clerk to attest on all proper papers. I move we approve it. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda as amended. Is there any further discussion or changes? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council May 4, 2004 Page 4 of 26 MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department— Gary Smith 1. Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: De Weerd: Thank you. Okay. Item 6-A is Public Works. Gary Smith. Or Brad Watson. Watson: Thank you, Madam Mayor, Council Members. I did ask Gary to do this, but he declined, so -- what I had put on your counter right before the meeting was the latest package of fee update proposals. Also included in that are revisions to the complete water and sewer ordinances. I started out just trying to modify those to account for the new fee system, but as we started going we just decided to do the whole thing. This package includes a proposed fee update summary, a rather lengthy dissertation on what the background of those fees are and the rationale and methodology for calculating the new ones. There are multiple appendices that show the calculations, the basis that calculations, 20 year capital improvement plans for both -- both for the water system, the wastewater treatment system, and the collection -- sewer collection system. There is an excerpt of a Boise city ordinance upon which a portion of our new fees would be modeled. Next there is a sample reimbursement agreement and that term doesn't make much sense on the surface right now until I explain a little bit more about what those are for. Those would, in effect, replace what we call latecomer agreements right now. The reimbursement agreement was based on the one that Boise city uses that they provided to me. And at the very, very back of the entire book is a summary of all the fees that we are proposing to update or implement with the ordinance revisions. I can go into a lot of detail on this, but I know time is short. What I would like to do, since this has been before Council several times before, this is, essentially, the same proposal. I would like to -- well, first of all, I do have a meeting with the Building Contractor's Association on May 17th to brief them on this again. I was at their place about a year ago with, essentially, the same proposal. I talked with Mr. Turnbull, who is chairman of that committee, talked with him this afternoon and I will be there the 17th. What I would like to do is solicit any comments anyone might have, including BCA over the next couple weeks, and try to have a public hearing on these ordinance revisions and fees at the Council meeting on the 1 st of June, if I can work with Mr. Nichols' office to get that done. I think that would require noticing in fairly short order and I will work with Will on that. If that can be done, I think the next step would be drafting a resolution in conformance with what we have been doing on fees in the past. The ordinance doesn't specifically outline the fees, but provides the basis for them, so the follow-up resolution in early July would have all these fees that are listed on the last sheet of this book. So, that's my schedule. The book is my proposal. I'd certainly entertain any questions or give more explanation if I need to. Meridian City Council May 4.2004 Page 5 of 26 De Weerd: Council, do you have any questions? You're pretty safe when we just got your book not to have any -- Rountree: Not yet. De Weerd: I'm sure they will. Brad, I appreciate your pulling that together and, Will, will we be able to have this on Council the beginning of June? Bird: June 1st. De Weerd: For public hearing? Okay. Okay. Thank you, Brad. Watson: Thank you. 2: Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: De Weerd: Okay. Item number two. Watson: Yes. Madam Mayor and Council Members, this was Item E on the Consent Agenda. What was forwarded to you from our office was simply a memo asking for approval on a temporary easement contract. The actual contract did not make it into the packet, because my office did not forward it to the clerk's office. So, I made a copy and put a hard copy on your table right before the meeting. This is a temporary easement contract for a boring of water across Eagle Road. We will construct a rather large bore pit on some land owned by the Sorray Company, of which John Ewing is a partner and he is the one that has signed this contract. So, we are asking for approval for that contract and that payment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe we did not take it off the deal, we just wanted an explanation, Brad. So, we have actually approved it on the Consent Agenda as Item E. He just wanted to explain to us what it was. De Weerd: Okay. Thank you. Any further questions? Thank you, Brad. Watson: Thank you. B. Mayor's Office 1. Mayor's Report: ,Meridian City Council May 4. 2004 Page 6 of 26 De Weerd: Okay. Item B is the Mayor's report. I had a couple of things to follow up. First, I will need some action on -- you have later on in the agenda the final ordinance for the updates for the traffic safety committee. We have been having a challenge to make quorum with the existing commission. We do have a member or a representative, a citizen who has been attending, Elaine Nashtacio. I had talked with the previous Council about putting her on there and Captain Overton would like me to bring her name forward to be appointed to the traffic safety committee. There will be two additional citizen seats available that we will get to the newspaper to publish once the -- once you approve the update of the committee later on tonight. So, if I could, I would like to appoint Elaine Nashtacio to the Traffic Safety Commission. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we appoint Elaine Nashtacio to the Traffic Safety Commission. Bird: I'll second it. De Weerd: Thank you. Its been moved and seconded to approve the appointment to the Traffic Safety Commission of Elaine Nashtacio. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. I will be putting on the agenda next week a position -- or, actually, a professional services contract for an economic development specialist. That is the job description I submitted to HR a month ago. It's -- in talking with fellow Council members, I thought maybe it was best to first put it out in professional services, so I do want to get this out to you first and ask that I put it on the agenda next week to discuss. If you have any questions, feel free to contact me on that. Okay. Our director's meeting this morning, we talked about our values of customer service, accountability, respect, excellence, and those all equate to CARE. Those definitions are in front of you. We had asked you all to participate in ranking all of the suggestions that we receive from our employees city wide. We ranked those today and these were very obvious winners in each of these categories. Take a look at those. I guess I will bring these back to you as well next week for adoption. In accountability and in excellence you have two different ones. They are just slightly different. I guess in accountability the recommendation is the second one and in excellence it's the first one listed. I had also told you last week that I would come back regarding Councilman Nary's suggestion on the summer internships. It was discussed also this morning at the director's meeting. P&Z has a need for a high school or a college student to work on their database to track applications and start working to fine tune that process. The police station works with the criminal justice department at BSU. They generally have volunteers. It's a six week minimum program. They would like to attach a stipend to one position to really be an incentive and attraction to some of their more -- their very qualified students. And so we Meridian City Council May 4, 2004 Page 7 of 26 will be getting numbers back to you on that. The Parks Department already had in their budget a summer internship position under their summer part-time help, if -- they have a college student that they offer this to and they already have that set up. It is looking at a position. I believe I gave you descriptions in my office of the two areas that I would like a student in to focus on and, then, Public Works believes that they can use someone with their EIS program that they just received in developing a data base for it. So, we will bring figures back as far as what those positions will be ranked at as far as money - wise. Is there any further questions? Okay. I just have a couple other announcements. I e-mailed out to you that we received 100,000 dollar Idaho Community Development Block Grant to help fund the facility upgrades needed at the Meridian Senior Center. The total project cost is 171,603 dollars, with 71,603 dollars coming from community- based funds. Construction is slated to begin this summer and we should be getting the contract on a Council agenda probably in June. Also wanted to announce a fundraiser for our Meridian Youth Baseball. It's this Saturday. We'd love to see you all there. Tickets are ten dollars. It's at the Hawk's Memorial Stadium and its the first annual celebrity baseball game that we will have a number of local celebrities, as well as some of our Denver Bronco Jeff Putzier and World Series Pitcher and Cy Young winner Vern Law. I'm sure it means something to some of you. Bird: Yeah. You better believe it. De Weerd: So, I would -- you know, it's for a great cause. This is a community event. The benefits will go out to our Meridian Settler's Park where Meridian Youth Baseball is building a very high quality baseball complex and so if any of you can join us this Saturday, we'd love to see you there. It is -- it begins at noon and, again, it's at Hawk's Memorial Stadium. Just one final note. We'd like to remind you that June 18th we will be meeting in front of the ITD board to talk about the Ten Mile Interchange. Bring all your family, friends, neighbors, and anyone and everyone you can, because we'd like to see the Ten Mile interchange happen and that will be our opportunity to talk with the board about the merits of the Ten Mile interchange. That is all. Item 7: (Items Moved from Consent Agenda) De Weerd: Item 7 we did not remove any items from the Consent Agenda. Item 8: FP 04-028 Request for Final Plat approval of 43 single family residential building lots and 3 common lots on 14.34 acres in a R-4 zone for Cobre Basin Subdivision No. 4 by Havasu Creek, LLC — east of North Meridian Road and south of East McMillan Road De Weerd: So, I will move to Item 8, which is FP 04-028 and I will start with staff comments. Powell: Madam Mayor, Members of the Council, this is a final plat for Cobra Basin No. 4. It is generally located between Meridian and McMillan Roads -- or at the intersections thereof. There are 43 single family lots and three common lots on 14 Meridian City Council May 4, 2004 Page 8 of 26 acres. The plat is in substantial compliance with the approved preliminary plat. There was one change done. This is the preliminary plat. This is the final plat. They did have to put in a landscape lot going out to McMillan and so to do that these lots all got a little bit narrower. They still all meet city standards that were approved for the subdivision, so the only change that really occurred was the increase in landscape area. Applicant has submitted a letter regarding the conditions of approval and they did have concern with one of those, specifically Item 7-6, which is on page three. I was talking to the applicant prior to the hearing and I think we have figured out a solution. He has been talking with ACHD regarding the size of the rock sumps that are needed for the project. They are willing to allow a five by five, if that's enough to accommodate the expected flows. Unfortunately, the person that can determine that is out of town right now. So, the solution would be at the end of that B, if we can add: Or applicant shall design swale to look like a dry creek bed, that would still be in compliance with the code, and he said that he would be more than happy to do that. De Weerd: Okay. Council, any questions for staff? Or clarifications? I imagine with this change the applicant has no further comment? No? Okay. Powell: I'm sorry. Madam Mayor, Members of the Council, Mr. Watson just pointed out another issue of concern. The applicant has added the specific setbacks for the project. We do have a blanket statement that kind of covers the setbacks that are approved by the CUP. If the applicant wanted to remove those specific setbacks, they could. Or we could ask them to remove those setbacks. De Weerd: So, you just wanted to hear from the applicant, didn't you? Powell: I guess so. I just couldn't go without listening -- De Weerd: Please state your name and address. Martin: Justin Martin. Excuse me. Justin Martin, 5606 North Ten Mile Road. Madam Mayor, Members of the Council, the plat issue we actually have a PUD amendment submitted for the setback changes and, Brad, are you thinking it would be best if we cut that specific language off these plats, so that they weren't recorded that way? Is that the thought behind it? Powell: Yes. Martin: So, it's more of whatever the PUD is approved; is that right? Or CUP. Powell: Madam Mayor, Members of the Council, there are two modification requests that will go to the Planning and Zoning Commission only regarding the Havasu and Lochsa Falls Subdivisions regarding amending their Conditional Use Permit to have the setbacks that are allowed by the current code. Currently, each plat that has been platted has had the specific setbacks on it. We have had a flurry of conversations with the county engineer, as well as our own city engineer regarding those plat notes and if Meridian City Council May 4, 2004 Page 9 of 26 the Planning and Zoning Commission decides to approve the modified setbacks, then, we were okay with the specific setbacks being on the plat. But presently they would not be. There is a general condition that says that the applicant needs to comply with the setbacks that were approved or as may be modified by the Conditional Use Permit CUP 02-028 and that would serve the same function. Martin: Ali of that is fine. I don't see any problems in that. It makes the plat a lot cleaner as it goes through. De Weerd: Okay. Martin: Any further questions? De Weerd: Any further questions? Okay. Thank you. Okay. Council, what is your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we approve FP 04-028 and for the attorney to draw up the proper papers and include staff and applicant comments as made tonight. Nary: Second. De Weerd: Okay. Its been moved and seconded to approve FP 04-028 with the changes as discussed. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Clerk. We are entering into our Public Hearing process. By our own city ordinance we require that those wishing to testify during any of these public hearings, Items 9, 10, 11, 12, 13, or 14 need to be sworn in. So, if you would desire to provide testimony tonight, if you will, please, raise your right hand. Does no one want to testify? I don't even see applicants raising their hands. There you go. I had one. All right. Becky, would you like to be sworn in. I bet you're going to talk. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) Item 9: Public Hearing: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Meridian City Council May 4, 2004 Page 10 of 26 Courtyard Condominiums by N.M. Enterprises — south of East Overland Road and east of Celebration Avenue: Item 10: Public Hearing: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises — south of East Overland Road and east of Celebration Avenue: De Weerd: Thank you. Okay. Items 9 and 10. 1 will open the public hearings on PFP 04-003 and CUP 04-007. 1 will start with staff comments. Powell: Madam Mayor, Members of the Council, this is a -- this lot was previously the subject of a resubdivision of a lot in Resolution Subdivision. Thank you. So, the lot, as it looks there, is, actually, twice the size that it is currently. You have already approved a final plat to divide the property in two, as is shown here. The request of the applicant at this time is the building on the right. The plat is solely for the purpose of establishing condominium ownership. They are not further subdividing the lot that they are currently on. The plat creates 289 condominium units. Most of those are little four foot sections. There is two large ones, as you can see, one there, one there, and, then, the rest are in this area here. The Conditional Use Permit that accompanies this is to all lots within Resolution Subdivision were required to have a Conditional Use Permit prior to approve the buildings and the uses therein, so that is the need for the Conditional Use Permit. In this case it would be to build a 12,010 square foot medical dental office on 1.24 acres and the site is currently vacant. The Planning and Zoning Commission has recommended approval with conditions. The applicant's representative Mark Guho -- I hope that's his name -- testified in favor of the application. No members of the public testified in opposition to the proposed development. The Commission did discussion cross -access and the condominium layout, but there were no modifications to staff recommendations and to staffs knowledge there is no outstanding issues before the City Council tonight. De Weerd: Okay. Thank you, Anna. Any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant like to come forward? Since you have been sworn in, please, state your name and address. Guho: Mark Guho at 362 Rooster Drive, Eagle. Idaho. De Weerd: Thank you. Guho: I'm here to answer any questions. We are proposing a medical arts building. We have two dental firms and possibly an optometrist that are interested. It's going to be adjoining Treasure Valley Pediatrics, which we also constructed. It's going to be divided Meridian City Council May 4, 2004 Page 11 of 26 into condominium units. We have the -- it would be the northwest corner, which is divided up into squares, which is designed to give us a little more flexibility for future tenants. As a courtyard type design, which will be landscaped in the center portion there, it's all single story, fairly attractive building. It's going to utilize stone and wood timbers, comp type roof and whatnot. De Weerd: Great. Thank you. Council, do you have any questions? Bird: I have none. De Weerd: Thank you very much. Guho: Thank you. De Weerd: Is there anyone else who would like to testify on this application? Okay. Staff, do you have anything else? Powell: No, ma'am. De Weerd: Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing on Items 9 and 10. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, PFP 04-003, preliminary/final plat for Riverbirch Courtyard Condominiums. Rountree: Second. De Weerd: It's been moved and seconded to approve PFP 04-003. Is there any further discussion? Mr. Clerk, will you, please, call roll. Meridian City Council May 4, 2004 Page 12 of 26 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve CUP 04-007, Conditional Use Permit for Riverbirch Courtyard Condominiums. Nary: Second. De Weerd: It's been moved and seconded to approve CUP 04-007. Any further discussion? Okay. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: PFP 04-002 Request for Preliminary / Final Plat approval for the re -subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridgetower Crossing/Gallery Subdivision by Primeland Development, LLP — northeast corner of West Belltower Drive and North Ten Mile Road: De Weerd: Thank you, Mr. Clerk. Okay. Item No. 11 is PFP 04-002. 1 will start with staff comments and open the Public Hearing. Powell: Madam Mayor, just a second, I lost my staff report. Madam Mayor, Members of the Council, this is a request for a resubdivision of one of the previous -- or one of the lots in Bridgetower Subdivision. The site is located at the northeast corner of Ten Mile Road and Bell Tower Drive. And the property is currently designated as office on the comp plan, but it is zoned R-4. This use was allowed through the planned development process. They are proposing to subdivide the existing lot into three lots and it's a little bit difficult to see them. This is one lot here. This is the second lot, kind of has a -- almost funnel shape. And, then, the third lot comes like that. This is a cross -access easement and there is also an existing cross -access here. The Planning and Zoning Commission has recommended approval of this application. The applicant's representative Mrs. McKay testified in favor of the application. No members of the public testified in opposition to the proposed development. The key issues of discussion in questioning by Commission included the access to the city well site, which is there. Correct? Yes. And the building elevations. The Commission did not make any modifications to staffs recommendation. I don't have the building elevations on this with Meridian City Council ' May 4, 2004 Page 13 of 26 us today. On Becky's response letter to the -- I'm sorry, Mrs. McKay's response letter to the conditions of approval she did have concern with one of them and that's on page two of her letter and it was with regard to the requirement that the parking lots be -- that they be installed prior to certificate of zoning compliance. That was an error on staffs part. That should have been occupancy and we thank Mrs. McKay for pointing that out. So, what needs to happen is on page three of the preliminary and final plat, site-specific condition number two, it would be prior to issuance of an occupancy permit. Just take out certificate of zoning compliance. And I believe that resolves the applicant's concerns with the application and once that's resolved I don't think there is any outstanding issues before the City Council. De Weerd: Thank you, Anna. Any questions for staff? Would the applicant like to come forward? Please state your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Eagle. I'm representing the applicant. This is going to be the Primeland Development office. They will be moving their offices off of Franklin onto -- into one of these buildings that will be constructed. I just want to assure the Council that these three buildings will be the same type of style. They have been working with Glancey & Associates and here is a reduction of the elevations of the building. As you can see, they are going to be very very attractive, just like the clubhouse and other features that we have installed out at the Bridgetower site. It's all accessed internally off of a private drive, which is already installed and which provides access to your city well. And it sounds like Anna cleared up the only item that I had a problem with and so I will stand for any questions or comments that the Council may have. De Weerd: Council, any questions? Okay. Thank you, Becky. McKay: Thank you. De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing PFP 04-002. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 4, 2004 Page 14 of 26 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item 11, PFP 04-002, including staffs comments at this hearing. Bird: Second. De Weerd: It's been moved and seconded to approve Item 11 with the change on page three, site specific number two amended. Okay. Any further discussion? Okay. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: REVISED AZ 03-029 Request for annexation and zoning of 26.48 acres from RUT to R-8(PD) zones for proposed Sheridan Place Subdivision by CMD, Inc. — North of East McMillan Road and east of North Locust Grove Road: Item 13: Public Hearing: REVISED PP 03-035 Request for Preliminary Plat approval of 50 building lots and 15 other lots on 15.34 acres in a proposed R-8 (PD) zone for Sheridan Place Subdivision by Doug Campbell — north of East McMillan Road and east of North Locust Grove Road: Item 14: Public Hearing: REVISED CUP 03-060 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for proposed Sheridan Place Subdivision by Doug Campbell — north of East McMillan Road and east of North Locust Grove Road De Weerd: Thank you, Mr. Clerk. Okay. Items 12, 13, and 14. 1 will open the public hearings on Sheridan Place Subdivision, revised AZ 03-029, revised PP 03-035, and the revised CUP 03-060. Staff comments. Powell: Madam Mayor, Members of the Council, this subdivision is located off of McMillan. Here is Locust Grove. The annexation path comes from Havasu Creek, up a small flag into the Idaho Power property, and, then, over to the Sheridan Place property. The preliminary plat is -- and Conditional Use Permit only involve the property north of McMillan. As you will remember, Settlement Bridge Subdivision came through on this entire property here. So, that would be another path of annexation. This subdivision, actually, came into the system first, so they didn't have that annexation path at that time, but Settlement Bridge was able to get through the process a little bit faster. The reason it came to you and, then, went back was there was an issue regarding this out parcel Meridian City Council May 4, 2004 Page 15 of 26 here. It's admittedly, by the current owner, an illegal split and originally we had required that they include it as part of the subdivision. They later decided to go back -- actually, it was this portion here that is also a portion of the illegal split and we had required them to include this. They went back and took it back out and redesigned this area here. A long discussion, but one of the new conditions of associated with -- associated with this project relates to that, so I just kind of wanted to refresh your memory. This is a request for 50 single family residential lots and 15 other lots. The general circulation path -- it's difficult to see here. It comes in, branches out, and, then, connects. There are quite a few existing stubs. This is an existing stub into the property that would just be brought into a cul-de-sac. They provide a stub out to the west here in this location. This is an existing stub. And this is an existing stub as well. With the CUP planned development application they have asked for reduced setbacks, reduced lot frontages, reduced lot sizes, reduced minimum house square footage, and one block length that exceeds the thousand square feet. And I believe it just barely exceeded that. It's 1,150 square feet - - or feet long. Not square feet. Excuse me. Steve has detailed all those proposed reductions and dimensional standards for you in the staff report. I was going to move on to the Planning and Zoning Commission recommendation. Our copy was missing a page four, so I'm not sure if yours was also, on the recommendation -- on the recommendations, so if that was the case, I do apologize. The Planning and Zoning Commission is recommending approval of this project. The applicant's representative Mrs. McKay testified in favor of the application. There were several concerns of nearby homeowners -- I think I'm counting at least four that did testify with concerns about the project, regarding the house sizes, the lot sizes, the zoning, fencing, ditching -- or, I mean, sorry, tiling the ditches and the access to those ditches and the homeowner's association for Vienna Woods, which is to the -- just to the east. They were concerned that the -- that they have compatible CC&Rs. The key issues of discussion and questioning by the Commission included the timing of the improvements on the Idaho Power site and that was related to the annexation application and the width of the streets in relation to islands and on -street parking. The Commission did make several changes to staff's recommendation and the only one I wanted to talk about -- I wasn't going to discuss those, I was going to discuss the outstanding issues before the Council, which is on the second page. The first one was in regard to vacating an easement along this western boundary from McMillan up to this property line right here. The applicant has been able to work that out with the adjoining property owner. It was a -- the easement was not created through the plat process, so it does not need to be vacated through our process. They can, through private arrangements, vacate that -- that easement, so there are no needed changes to the conditions of approval, they can just work that out amongst themselves and we are fine. That's the first bulleted item. The second bulleted item was just a discrepancy between the proposed preliminary plat and the landscape plan and they just need to modify the landscape plan in compliance with the plat. It shouldn't be an issue. Regarding annexation conditions, all Steve was pointing out there was that condition number two says there needs to be a development agreement and conditions numbered one and three just need to be part of that development agreement. He just wanted to make that clear. Regarding the CUP conditions, still on the recommended conditions, there is one from the police department that talks about no parking and widening the street. With this revised layout that you Meridian City Council May 4, 2004 Page 16 of 26 see before you tonight, they have met that condition, so that condition just needs to be deleted and that would be condition number three on the Conditional Use Permit. Finally, I'm not sure if the version that you got had a fourth bullet from the fire marshal. I think there was some confusion -- it does? So, that's good. We do need a -- to add a fire department condition number eight and that would say that the northern most island in North Shubert, which is right here, shall be reduced slightly, so that the north edge is no closer than ten feet to the extended curb line of East Roaring Creek Drive and that's right here. Its about two feet too long, so it shouldn't be too much of a concern. That was rather long and I apologize. Some last minute issues worked out, but with that the only other thing I wanted to comment on was what we had proposed as one of the conditions of approval for this out parcel here that is an illegal split. We did ask the applicant and they agreed to provide a metes and bounds legal description of that property, so that at such time when the city wants to annex that property, we do have that description available and we could annex that property and staff would like to -- this is similar to a requirement that Boise city has for some of their out parcels. This would just enable us to deal with some of these enclaves, county properties, in a more cost- efficient manner at the time that we do want to annex them. So, staff, with Council's guidance, would like to start requiring this when we do see these kind of illegal splits that we are too late to do anything about, basically. De Weerd: Any questions for staff at this time? Okay. Would the applicant like to come forward? Just, please, restate your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. Madam Mayor, Members of the Council, we'd like to present Sheridan Place to you this evening. You want me to put it over there? This is not a large parcel, it's a very small parcel, and it's kind of somewhat like an in -fill since we have got Vienna Woods to the north, to the east we have Edinburgh Place that wraps all the way around us. On our western border it is still residential and agricultural. There are two large parcels to the west of us, Mr. Brenniger and Mr. Buckley, and, then, another parcel west of Mr. Buckley. As Anna indicated, originally when we -- Anna, could you put the map up? -- originally submitted the application, we were not contiguous to the city limits, so I spoke with Layne Datson and we worked with him to incorporate their substation and get it annexed into the city. They thought that that was a good idea and that gave us our point of being contiguous here, but, as Anna indicated, since, then, Settlement Bridge has came in, so we are contiguous here also to the city limits, once that ordinance amendment is adopted. One concern that we had was the staff started placing conditions for specific improvements on that substation lot, such as sidewalk and so forth and Idaho Power indicated to us that they do not have any in their budget any plan -- or any monies to construct sidewalk, which, according to our estimate, could cost between 15 and 20 thousand dollars at this time. They said, now, if we go in to do a major expansion of this substation in the future, we would not be opposed to installing sidewalk to make sure that that sidewalk network is continued on from Settlement Bridge, but at this time we cannot make that type of commitment. The substations, a lot of times they become an enclave and the city limits wrap around them. Boise was cleaning up their enclaves out there by Surprise Valley and that area, getting all that Idaho Power ground annexed and Meridian City Council May 4, 2004 Page 17 of 26 so I would like to keep them in this application, if at all possible, but I'm afraid if the Council places improvement conditions upon them, that they will say, no, we are not going to sign the development agreement and we have no intentions of being annexed if that is going to be imposed upon us. Our project here is approximately 15 acres in size. We have got one point of ingress and egress, but we have got two existing stub streets, one into Vienna Woods, one into Edinburgh Place, and, then, we stub to the west there, so we would have interconnectivity when those other two properties redevelop. We have two types of lots in this, since this is a very -- it's wide through here, but all you can do -- there is only one way to develop it is that is to bring this street in like this. So, we had excessively deep lots that range from 130 some to 140 some feet in depth and, then, we went with smaller widths on those lots, so they were around that, I believe 7,000 square foot mark, but, yet, they had a width of, I think, 60 feet. We have asked -- there are approximately 16 lots here. We requested 1,200 square foot minimums on those 16 lots. These lots right here and all the remainder of the lots, which would be 33 lots, will be 1,500 square foot minimum. We did that based on the product that adjoins us up in Vienna Woods and Edinburgh Place. These lots we made bigger. They range from 70 feet wide all the way up to 78 and 80 some feet wide, depending on where they are. We kept our depths pretty deep. We kept 115s, 120s, I think these are 110s in the middle, but I tried to keep them as deep as possible. The lots that adjoin us here are, I believe, 80 -- I think they are like 80 -- 80 by 100 are the lots to the north. The corner lots are 88 by 100 and we have one that's 90 by 110 on the other side of that Shubert. And in Edinburgh Place we have got lots that are 80 by 110 through here. And I kept a 120 depth to try to just give us a little more buffer between -- between the homes. There is not a lot we can do with this project, we are so limited. One thing we struggled with was this parcel here and pulled -- as Anna indicated, we pulled our application back to incorporate that. After talking with Mr. Bunderson, who was, I assume, involved in the development of Edinburgh Place, they have a temporary turn around here and so he wanted to see that a permanent turnaround extended here. So, we extended that there and, then, made interconnection through a pedestrian pathway network. These lots here are huge. They are like 14, 16 thousand square feet. So, they are very very large and there are just the four of them and no vehicular connection here. The vehicle connection is in this area. We had had a contention with our islands. We, at one time, had five very small islands here, because we are proposing detached sidewalk with landscaping, two and a half inch caliper trees all along and detached all through to give it a nice, warmer feel and, then, we have these islands here to break up this longer street run through here. The fire department had some concerns and the police department on the clearance between the back of curb here and, then, the back of curb -- or the face of curb here and they wanted to make sure that if there was a car parked, that emergency vehicles could get around it. So, we looked at widening around the five islands, but, then, after I got the drawing done and I started trying to envision it, when they build it it would look like our concrete guy was intoxicated, because it was this ziggy zaggy thing. So, what we came -- the conclusion we came to was we went with two large islands and one Island in the middle, which still gave us -- broke up that longer stretch of street, still slows the traffic down, still gave us the same square footage area -wise on our medians, but it allowed us to widen out around here and here, so that we meet that criteria, so we would not Meridian City Council May 4, 2004 Page 18 of 26 have to have any no parking signs or any problems in the future, because those are very difficult to enforce. The types of homes, one question that came up at the Planning and Zoning Commission was on the 60 foot lots, what type of homes do we intend to construct. These are some examples of the homes that Mr. Campbell and his partners are going to have built in this subdivision. We -- this isn't going to be -- De Weerd: Excuse me, Becky. McKay: Yes. Do you want me to put it up here? De Weerd: Yes. McKay: We are trying to spruce the subdivision up as much as possible, even though it is small, only approximately 50 lots and one of them is an existing dwelling down on McMillan, we are trying to spruce it up to make the lots, obviously, more valuable and accommodate a higher priced home than you'd find on say your average 60 foot wide lot. One thing that I do want to mention is -- as far as our amenities are concerned, we have got like a pocket park here, that's going to be the focal point as you down the street and that's what you would see. We have a gazebo, picnic area, and play equipment. We had a discussion at the Planning and Zoning Commission on making sure that that play equipment was comparable to -- you know, to the size of the development. We did submit to staff a picture of the equipment we want to install and we gave them a value range. It was Anna's opinion not to put a specific value on that equipment, but something that's comparable in size and magnitude. We have got, I think, a nice development with what we have got to work with. There is, you know, very little room to work when we have got these smaller parcels like this. The existing house, I'll just note for the record, is located right here that will remain. We are trying to save as many trees as we can. We will work with your forester to mitigate if there are some that have to be removed due to the street location. Do you have any questions? De Weerd: Council, any questions? Powell: Madam Mayor, Members of the Council, I -- during Becky's testimony she brought up one issue that I had forgot to mention and I apologize for that. Under the annexation conditions, the second bulleted item, it talks about in condition number two. If you turn to page two of the recommendations, that one does need to be modified. The discussion at Planning and Zoning Commission was pretty clear that they didn't want to require improvement until such time as Idaho Power wanted to develop. However, the motion said specifically to include all the rest of the paragraphs, so Steve added the rest of the paragraphs when he was doing the recommendations. What we believe should be the case, though, is that on that item, the last sentence, it should end at the word facility, where it says: At the time that Idaho Power upgrades its facility. Period. And, then, remove the phrase in reference a design to be submitted for review and approval prior to Council action on the annexation. We believe that's consistent with the intent of the Planning and Zoning Commission, if not the exact words. Meridian City Council May 4, 2004 Page 19 of 26 De Weerd: Okay. Anything further? Becky, I guess my only question is — I know we have really hesitated to created enclaves and so why can that not be part of this? McKay: The little one -- this existing home there, Madam Mayor, Members of the Council, Anna asked that very question of us and asked us to approach that gentleman and see if he would be willing to participate in this annexation and to inform him that the property had been illegally divided. My understanding, the history of it is Mr. Baker bought this with this existing house. Dennis Baker. He had traded this gentleman this property and this house for some property adjoining one of his Eagle subdivisions and, then, the gentleman -- he kept this, but Mr. Baker retained ownership of this back portion. Then, he sold this back portion to Mr. Fehrman, who owned this, because it made sense that they be developed simultaneously. Mr. Fehrman approached this gentleman, I also spoke with him on the phone, and he said he would not participate in any annexation. We informed him that your property has been illegally divided. If you were to say go to the county for a permit for an addition or something along that line, you would be denied a permit, and he said he still would not participate. That didn't matter. He wanted to just be left alone. The only thing he wanted from us is us to coordinate with him on the irrigation, but we could -- I mean I can't force -- I can't force somebody to consent to annexation. You know, I don't know what we do in these situations. We pulled our application back and brought this in to clean that up and to help Mr. Bunderson get rid of this temporary turnaround here, but I don't -- we can't make this gentleman participate. I don't know. Maybe Mr. Nary has got some ideas on this. It's a problem in all municipalities and some people just do not care if they have an illegally divided parcel and I don't know what Mr. Baker told him, if he implied that it was a legal parcel -- I don't know. I don't know the history. But we did not create it and I guess that's the important thing. If we were creating it, I would say we better clean it up. De Weerd: Anything further? Rountree: Madam Mayor? De Weerd: Mr. Rountree Rountree: Just a comment on that enclave. Within 300 feet you have three points of access onto a collector, which, at some point in time, will probably be an arterial of some kind. I agree with what Mrs. McKay is saying. I don't know how we are going to resolve that, but that's not good business for us and it's not good business for the two subs that are going to be coming out at that point and/or whomever at some point in time wants to develop that enclave. Whatever we do it's going to be an issue. Unfortunately, the person that should pay the penalty is not here tonight. McKay: Madam Mayor, Councilman Rountree, the consolation is that I think its just a little bit over an acre, so its redevelopment potential is very limited. it's got one single family dwelling and accessory buildings on it now. Rountree: Madam Mayor? Meridian City Council May 4, 2004 Page 20 of 26 De Weerd: Mr. Rountree. Rountree: It will, then, become the Cherry Lane day care center that's been in disrepair since the day in came in business. No further comment. De Weerd: I don't think you need to. Thank you, Becky. McKay: Thank you De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? We need to swear you in, ma'am. If you will, please, raise your right hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God?. Enlow: Yes. De Weerd: Thank you. Please state your name and your address. Enlow: My name is Norma J. Enlow and this is Charles Enlow and I live at 7308 Maxwell Drive in Boise. I own the property with the little -- let's see, we don't have the map of your deal, but it's on McMillan. It has the little narrow area there that -- but, anyway, it's kind of caddy -corner from the Idaho Power facility and it's -- its the -- on here it's the one that has the little strip that goes down to McMillan. It also has access from North Locust Grove. De Weerd: Okay. Enlow: My husband bought that before the second world war. We built a little house on it in the early '50s and I have had it rented to the same people for 20 years. We tried to get the corner, which I do not own, the little part on the corner that faces McMillan. We tried to get that for years to square that out and it was tied up in a family situation, an estate, and we weren't able to get clear title. We finally went to Boise, bought a lot, and built a house in there where I live and we wanted to hang onto this, our children wanted it later, which they still would like to do. I'm really concerned. I was out of town on the first one, when you had the previous meeting on this. I had no idea that annexation was coming in this close. I'm against progress, but I know there is no way of stopping it at this point. I am concerned, if you want to hold onto a small acreage like this, what's the situation going to be? If -- you know, there is three or four of us that do want to survive that want to hang onto those small acreages. We tried in the '60s or early '70s, thinking that, eventually, we might want to move back out there after retirement and we went with several other small acreage owners, but if you had five acres or less, you could not divide it in any way. We were going for one unit per acre and there was something in the old records that in 1980 something -- or 1880 sometime, that was divided from a larger subdivision called from Fruitland or Fruitwood, something -- fruit something and it was denied because of that. We went back a second time -- you had to wait a year, pay Meridian City Council May 4, 2004 Page 21 of 26 another fee to go in. We weren't able to do anything like that. So, the kids finally said, well, just hang onto it. I have a son that's a physician that might be interested in doing something with it. I own it completely. I could go ahead and sell it, but I really don't want to at this point. And my renters really like it. They are farmers and he owns a business here in Meridian, but they have also lived on acreage and they like it out there and, of course, I'm concerned about this subdivision on these small lots, the traffic -- when I have been out by there lately, there is the four way stop sign at the corner of Locust Grove and McMillan. It's getting so I think kids speed by there. I have seen elderly people speed through there without ever stopping. You have that many more vehicles pouring out onto McMillan and Locust Grove, I'm concerned about that. Another thing was that I -- last year had to put some money in and talk to one of your engineers about how soon the sewer line was going to be down there and they said that there was a line down Locust Grove, but they wouldn't put another home on it at that time and so I had to go ahead and put in the new field drain, a new well, and all that good stuff. So, I really am not anxious to see that develop at this point. So, that's my -- and I have talked to the other people around there and so far none of them really want to have their land developed either and so -- De Weerd: Well, thank you for your testimony. Enlow: Thank you. De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Thank you. Is there anyone else who would like to offer testimony? Okay. Becky, would you like to add any further comment? McKay: On the density issues, this is designated medium density residential, which has as a guideline of three to eight dwelling units per acre. We are at 3.26. So, we are in that lower range. I did want to state for the record that the applicant did, as Anna indicated, get with Mr. Buckley, they did resolve this -- the easement issue that was on the western side of the property, and we did meet at the site with Mr. Brenniger, who owns the large piece -- parcel to the west and Mr. Buckley, to talk about ditches, irrigation, and the boundary and the fences. So, we have been working with our neighbors and meeting with them at the site separately. We did a neighborhood meeting. We have been corresponding with the home -owners association presidents of both subdivisions, so we have been working hard to try to come up with a project that will benefit this area and that the neighbors are happy with. Thank you. De Weerd: Thank you. Any questions? Thanks, Becky. Staff, do you have any further comment? Powell: No, ma'am. Meridian City Council May 4, 2004 Page 22 of 26 De Weerd: Okay. Mr. Rountree. Rountree: I move we close the Public Hearing on Items 12, 13, and 14. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items 12, 13, and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion. Or motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 12, revised AZ 03-029, annexation and zoning for Sheridan Place Subdivision and to include all staff, applicant, and public comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-029 as revised. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Clerk. Items 13 and 14. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 13, revised PP 03-035, preliminary plat for Sheridan Place Subdivision and Item No. 14, revised CUP 03-060, conditional use for Sheridan Place Subdivision and to include all applicant, staff, and public comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Items 13 and 14. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council May 4, 2004 Page 23 of 26 MOTION CARRIED: ALL AYES. Item 15: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you, Mr. Clerk. Okay. Item 15. 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, May 4th, 2004, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel. Your service will be discontinued on May 5th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. Hearing none, they are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $16,215.61. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the turnoff list for May 5th in the amount of $16,215.61. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the delinquency turn-off list scheduled for May 5th. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 16: Tabled from April 27,2004: Ordinance No. Traffic Safety Commission Amended Ordinance: De Weerd: Thank you. Item 16 is tabled from April 27th. Have you all had a chance to look at Ordinance 04-1076? Any discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I just I guess want to be sure that Mr. Berg has reviewed it again. I think that was the reason we set it over, so -- does it look good, Mr. Berg? De Weerd: Thank you. Meridian City Council May 4, 2004 Page 24 of 26 Bird: Is it okay? De Weerd: Okay. Do I have a motion, anybody? Berg: Madam Mayor, do you want me to read the ordinance by title? De Weerd: Oh, yes. I would like you to read that by title only. Berg: Thank you. And I will read it only by title. Thank you. Mayor, Members of the Council, Ordinance No. 04-1076, an ordinance amending the following sections: Section 2-3-2, membership and terms of office, to provide for revisions to the appointments and terms of office and to the membership of the Commission and Sections 2-3-6, duties to add additional language and to remove words to this paragraph and to provide for additional subsection C and D of the City of Meridian, Idaho, of Chapter 3 of Title 2 of the Meridian City Code, providing for appeals, conflicts, validity, savings clause and providing for an effective date. De Weerd: See, now you know why I tried to save you. Is there anyone in the audience who would like to hear this ordinance read in its entirety? Hearing none Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I'd move the approval of Ordinance No. 04-1076, Traffic Safety Commission Amended Ordinance with suspension of rules. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Item 16. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. AZ 04- 002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC — 3615 South Locust Grove Road: De Weerd: We knew that would happen eventually. Okay. Item 17 is Ordinance No. 04-1077. Mr. Clerk, will you, please, read this item by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1077, an Ordinance finding that Tina Lest Family, Ltd., Partnership, 23.95 acres and Richard Bell, Meridian City Council May 4, 2004 Page 25 of 26 one acre, the owners of certain real property generally located on the west side of Locust Grove Road, approximately one quarter of a mile south of Victory Road in Township 3 North, Range 1 East, Section 30, Meridian, Idaho, to be known as Roseleaf Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance 04-1077, the request for annexation and zoning for Roseleaf Subdivision with suspension of rules. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 17. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Executive Session — Idaho Code 67-2345(1)(B): De Weerd: Thank you, Mr. Clerk. We had an additional item added to our agenda. Item 18 is for an Executive Session. Do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move we go into Executive Session pursuant to Idaho Code 67-2345(1)(B). Wardle: Second. Meridian City Council May 4, 2004 Page 26 of 26 De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: MEETING ADJOURNED AT 9:39 P.M. (TAPE ! EII F ^S PROCEEDINGS) i MAYO MY DE WEERD OFIIM IFR//// ATTEST: L WILLIAM G. BERG, JR, CITY CHER 9� CR� oc �? '9p �r ist • d` . ` 6, I , a¢ DATE APPROVED