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HomeMy WebLinkAbout2004 05-11CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11, 2004, at 7:00 p.m. City Council Chambers Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Completed 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: Approve B. Tabled from May 4, 2004: 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: Approve C. Tabled from May 4, 2004: 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: Approve D. Tabled from May 4, 2004: 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 Meridian City Council Agenda— May 11, 2004 Page 1 of 4. All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodetiw far disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Approve E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer — west of North Meridian Road and north of West Franklin Road: Approve F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I -L to 0-T zones for Brandon Wright by Brandon Wright - 631 West 1s1 Street: Approve 7-G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to 0-T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper — 230 West Pine Avenue: Attorney to Prepare Order Accepting Withdrawl of Application H. Order Accepting Withdrawl of Application: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed O -T zone for NIDAYS Addition by Seal Co. — 230 West Pine Avenue: Approve I. Order Accepting Withdrawl of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: Approve J. Estoppel Certificate for Citicard Project in Silverstone Business Campus: Approve K. License Agreement for the 2004 Waterline Improvement Proiect. Eagle Road Waterline Extension: Approve L. M. Agreement for Professional Services — Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: Approve 6. Department Reports: A. Public Works Department — Gary Smith Meridien City Council Agenda— May 11, 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 down ats and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Three Party License Agreement with Nampa Meridian Irrigation District — Finch Lateral Sewer and Water Crossing: Approve B. Mayor's Office Care Statements: Prepare Resolution for Approval 2. Intern Program: Approve $5-6,000 Budget 3. Economic Development Coordinator: Next Meeting Discuss 7. (Items Moved from Consent Agenda) 8. FP 04-029 Request for Final Plat approval for re -plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C -G zone for Troutner Park Subdivision No. 2 by Mary Ballantyne — west of North Meridian Road and south of West Franklin Road: Approve 9. TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No. 5 by Engineering Solutions, LLP — west of North Eagle Road and south of East Fairview Avenue: Approve 10. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2 'Y2 Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi -family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2 '/2 Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast comer of. East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25, 2004 Meeting 13. Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C -G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. — Meridian City Council Agenda— May 11, 2004 Page 3 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to ducunnents and/or hearing please contact the City Clark's Office at 888-4433 at least 48 hours prior to the public meeting northeast corner of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25, 2004 Meeting 14. Public Hearing: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25, 2004 Meeting 15. Executive Session Per Idaho State Code 67-2345(1)(f): No Decision Meridian City Council Agenda— May 11, 2004 Page 4 of 4 All materials presented at public meetings shall became property of the City of Meridian Anyone desiring accommodation for disabilities related to documems andlor hearing please contact the City Clerk's Office at 888.4433 at least 49 hours prior to the public meeting. Meridian City Council Meeting May 11 2004 The regular meeting of the Meridian City Council was called to order at 7:25 P.M., Tuesday, May 11, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Gary Smith, Kenny Bowers, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the City Council regular meeting to order. It's Tuesday, May 11th. It is 7:25 and I'd like to welcome you all herewith us tonight. I will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will, please, stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly with Capital Christian Center: De Weerd: Thank you so much. Item No. 3, our community invocation, will be led by Pastor Stan Kelly with the Capital Christian Church. Thank you for joining us. Kelly: Thank you, Mayor, and City Council. I'll set a good example by being brief. Let's pray. Lord, we thank you for this beautiful place called Meridian, Idaho. We thank you that you would bless these discussions that take place tonight. Lord, we ask that you would give, Lord, the Council wisdom, you would give them discernment, and that you would give them consensus. Oh, Lord, we ask one more thing. We could really use that civic recreation center, so would you help us with that. We ask these things in your precious name, amen. Item 4: Adoption of the Agenda: Meridian City Council Meeting May 11, 2004 Page 2 of 20 De Weerd: That was a shameless plug, I might add. We do appreciate the partnership we have had with the faith community in attending the luncheon that we held in January to start the dialogue. We feel it's very important to enter into a partnership with the faith community and that all of our religious beliefs are represented at the table to bring multiple solutions to many of the issues that face our community. So, we appreciate your attendance here tonight and leading us off with such optimistic vision. Okay. Item No. 4 is adoption of the agenda and I would like to request to Council to add a Mayor's report to follow up on the items that I discussed last week and told you I'd come back and report on this week. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under Consent, Items G and H, has been requested to be pulled. We had 6-A for Public Works under Department Reports, 6-13, the Mayor's Office Report. And under the regular, 12, 13, and 14 has been asked to be continued to May 25th, 2004. Item 15 is an Executive Session per Idaho Code 67-2345(1)(f). And with that I move that we approve the revised agenda. Rountree: Second. Powell: Madam Mayor, excuse me. To the maker of the motion, Item H did not need to be withdrawn from the Consent Agenda. And I did have a chance to talk to the applicant regarding Items 12, 13, and 14. He said a month would be okay, if you'd rather do a month. Bird: You're right. And back to -- if the second will agree, Item H -- just Item G that we are going to pull from the Consent Agenda. Item H stays, which -- Rountree: I agree. Bird: -- will clarify that. And we will still keep the continued to May 25th on the other. Powell: Okay. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. 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 April 20, 2004 City Council Regular Meeting: B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning Meridian City Council Meeting May 11, 2004 Page 3 of 20 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: C. Tabled from May 4, 2004: 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: D. Tabled from May 4, 2004: 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: E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer — west of North Meridian Road and north of West Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I -L to O -T zones for Brandon Wright by Brandon Wright — 631 West 15T Street: G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to O -T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper — 230 West Pine Avenue: H. Order Accepting Withdrawal of Application: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed O -T zone for NIDAYS Addition by Seal Co. — 230 West Pine Avenue: Order Accepting Withdrawal of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: Estoppel Certificate for Citicard Project in Silverstone Business Campus: Meridian City Council Meeting May 11, 2004 Page 4 of 20 K. License Agreement for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: L. License Agreement for the Phase 1 Black Cat Trunk Sewer: M. Agreement for Professional Services — Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, with the exception of Item G being pulled from the agenda 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 with the removal of 5-G. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, with the letter from Schmeckpepers withdrawing their rezone application, do you want me to prepare an order accepting withdrawal of the application, like we have on the others? De Weerd: I think that Item G was to discuss that. Is that why you pulled it? Bird: No, we just pulled it to get it off. That's what they requested. They just pulled it. And do we need an order? Meridian City Council Meeting May 11, 2004 Page 5 of 20 Powell: Madam Mayor, Members of the Council, Messrs. Schmeckpeper have asked that they be allowed to withdraw the applications and, hence, that's what Mr. Nichols is asking about. Do you want to have him draft up an order accepting the withdrawal? Item 6: Department Reports: A: Public Works. De Weerd: Well, Mr. Nichols, I imagine, since you suggested it, it must be needed. So, yes, please. Okay. Item 6. We will have our Public Works Department. Watson: Thank you, Madam Mayor, Council Members. And I apologize for not getting this on by the deadline last Thursday. This was a situation where a series of events happened that the contractor was out on site starting to install some sewer or water and the license agreement with Nampa -Meridian, the developer, and the city, had not been approved by this body yet, so they were out there -- I think they still have equipment on site. I'm sure they do. This is a typical three party license agreement with Nampa -Meridian Irrigation District. I reviewed it and it's, essentially, the same as every other agreement that you have approved, other than the site and the developer. So, I appreciate your approval on this tonight. De Weerd: Is there any questions from Council? Okay. Do we have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the three -party license agreement with Nampa -Meridian Irrigation District, Finch Lateral Sewer and Water Crossing, received May 30th, 2004 -- or, excuse me, May 11th. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the agreement by Public Works. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. B: Mayor's Office Report. De Weerd: Thank you. Okay. For my report I had talked with you last week about the summer intern program, the value statements, and an economic development position. You should have in front of you -- I did e-mail to all of staff and Council our statements for our values of customer service, accountability, respect, excellence, which spells Meridian City Council Meeting May 11, 2004 Page 6 of 20 CARE, and would like to have that accepted. Since I did not get any comments back, ► thought you might not have any questions. Rountree: I had none. Nary: I have none. De Weerd: Okay. Are you okay with the statements that support each of those values? Bird: You bet. Rountree: Do you need a motion or -- Bird: Do you need a motion? De Weerd: With the Mission Statement, I believe that we had a resolution adopting those. Mr. Nichols, would that be advisable? Nichols: Madam Mayor, Members of the Council, I thought we had prepared a resolution to adopt those and, then, forwarded that already. De Weerd: Oh, for these statements? Nichols: Not for the CARE statements. Excuse me. That was the mission and vision. Excuse me. De Weerd: Yes. We had those. Do we need one for these as well? Nichols: I think if you're going to make it policy, that would be the best way to do and so we will prepare -- De Weerd: Okay. Well, that would be my suggestion to Council Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess, then, I would move that we bring forward a resolution adopting those CARE statements as policy of the city. Wardle: Second. De Weerd: It's been moved and seconded to draw up a resolution accepting the statements for our values. All those in favor? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 11, 2004 Page 7 of 20 De Weerd: I do want to invite you all and remind City Council of our ribbon cutting ceremony and open house at Fire Station No. 3. It is this Saturday at 11:00 a.m. on the fire station on Locust Grove at 3545 North Locust Grove. Okay. You have in front of you the intern program that Councilman Nary had brought up several weeks ago and it details out which department would like to utilize interns and what that cost -- that associated cost would be, what is in each individual department's budget. Those that are not budgeted for come to an estimate of 11,960 dollars. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I'm a little confused. This program that we talked about a couple of weeks ago, I guess isn't what I'm reading on this statement. I think what I had envisioned was a little bit different and let me just backtrack for a second. What we had talked about was, essentially -- there were interns that we use in different departments, they are already funded, there is a few of these that are on here that are already funded and that wasn't what I was looking to mess with. I recognize there are specific needs in some departments for specific expertise of interns, whether they be college students or the like for that. What I was talking about was a program that would provide some connection between Meridian students, either high school students, or Meridian college students, and for varieties of other types of tasks that didn't necessary deal with specific expertise. What I guess I was hoping for or anticipating was similar to what the first paragraph here for Planning and Zoning was -- is a high school student, 100 hours, six dollars an hour, possibly a second one. So, essentially, a 600 -dollar cost for a summer intern of a high school student. The intern one in the IT paragraph doesn't tell me if that's a student from Meridian or from somewhere else. The Public Works wants the same thing. The police department already has a program. Parks and Recreation already has a program, it's already funded, it doesn't tell me where this student normally would be -- it says he goes to U of I. It doesn't say where he comes from otherwise. And for your office, since you advertise at the colleges for these positions -- and, again, I don't know if these students are Meridian citizens. And maybe I wasn't clear or maybe -- again we are talking about two different things, but we also talked about a cost of around five or six thousand dollars and this is for almost 12,000 dollars. So, I guess I'm a little confused. It wasn't what I was thinking we were talking about a few weeks ago. I think it's a little different. I'm not saying it's bad, it just wasn't what we were talking about. De Weerd: Well, Mr. Nary, it is -- for the criteria that you set out, we didn't think we had to reemphasize it in this piece of paper, but that is the criteria you talked about, that is what we would be looking at, and when they were at the college fairs this was just to indicate an interest at that time, not for anything specific, but if we were to develop a program in the future what -- would there be interest by the area schools that we do have. We do have a number of Meridian residences, both college students and high schools, that have indicated an interest and certainly once this past discussion, the HR Meridian City Council Meeting May 11, 2004 Page 8 of 20 department can get a hold of the local high schools and see what the interests are. You did ask -- you did set a parameter on the salary or the amount, but you did say who would have interest and so each of those submitted what they would have an interest in, what they could utilize, and it's now yours to do with what you would like to. Nary: Ah. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And I appreciate that and also I'm sensitive to the cost estimate or the cost comfort level that the Council had before. What I don't see on here -- and I understand this is a rough draft. What I don't see is specific -- essentially, a job description for this internship how those people would be measured and how this would benefit their education and their practical experience and I understand those things need to come, but I'm -- as far as Planning and Zoning student for data entry, who would supervise that individual? How would they be -- how would their training affect staffs time, all those kinds of things that I think are important and I think this is an important program, but I think it needs reworked a little bit, as far as the — our operating procedures internally. I don't think that we can just jump into it and I guess give it a whirl. I don't want to adversely affect anyone's education. De Weerd: Well, Mr. Wardle, it would -- we can get further detail, but those specifics weren't generally asked for, it was, first, if there is a need and this is a response to that question. We can certainly bring back more detailed information. There is a job description for mine and that's been on file with the HR department for a couple of months and so certainly -- and I believe that I had sent out a copy of that to each Council member when they submitted it to HR. So, you have seen those. We can bring further detail back on the other ones. It also depends on whom we get in the position. If they need college credit, it has different criteria than if it's for salary. So, we would also have to look at what students we would be looking at for the particular position on what the exact criteria in tracking would be. So, I don't know how to wrap my arms around that, but I certainly will tell HR that further information is needed and she can certainly come back with you next week and provide more detail. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think you have accomplished what you set out to do that demonstrates there is a need for the intern program. The real fundamental question I have are these extensions of cost per hour for hours worked. I would guess that in terms they are no different than any other employee in terms of benefits and those sorts of things, at least Social Security and some fundamental other costs to -- from employment. So, we have doubled our anticipated amount for the program and I think there is yet some other cost Meridian City Council Meeting May 11, 2004 Page 9 of 20 to the program if we were to implement this one. So, I don't think extension of hourly costs are realistic. But I think the program is needed, so we have to determine what -- what budget level we are going to dedicate to the program. But I guess this is a question for Pauline or somebody. Do we have to pay Social Security? Do we have to pay some other basic benefits to these employees? Unless we are contracting with the school for them to provide the interns and simply pay a fee, which is another approach to an interpret program. De Weerd: And that was discussed as well, as more of a stipend. As you can see in the police department, they were looking more for a stipend than a salary, I believe. Is that correct, chief? Musser: That's correct, Madam Mayor. Also, for Members of the Council in regards to Councilman Rountree's question, the stipend traditionally is considered a contractual type of a payment agreement, from my understanding, which means that we wouldn't necessarily be responsible for the FICA or federal tax withholdings. Technically, they could receive that information and we can track it in the form of a W-9 and that W-9 puts the responsibility on them to report it and so include it with their -- with their own tax reports. So, we do have some access there and it would help us and narrow those numbers down significantly. De Weerd: But we can bring that information back again next we: Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Thank you for clarifying, too. I mean I would agree with Councilman Rountree. I mean I think the departments have shown there is a need and I would anticipate, like Councilman Wardle's request, that there would be viable work and they would have all of those other things he said and so I think just some of the costs things is really all we need, then, going forward, since all the other criteria has been met, that's fine. De Weerd: Okay. So, next week we can bring back a total cost. Do you want to set up parameters to bring that back with, so we can whittle that down? Nary: By parameter, you mean how much funding -- De Weerd: Yes. Nary: I guess I'm still -- I'm still of the mind set of five or six thousand dollars, unless -- again, some of these are for two, you know, maybe there is only one this year. You know, see how the program works and if the Council certainly, I guess, wants to go up as high as 10 or 12 thousand dollars, it can, and I mean if there is money there, but I think its -- I think right now I'd still want to stick somewhere in that five or six thousand dollar range to at least see how this gets off the ground. Meridian City Council Meeting May 11, 2004 Page 10 of 20 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Nary on the fact that this is the first year and I would like to -- you know, I'm sure it's going to be very, very successful, but there is also the chance it might not be successful. So, I would like to stay with the five, six thousand dollars this year, and let's get it -- the program set up and, then, from year to year we can grow it as we see fit. De Weerd: Okay. Thank you. Okay. The following item is on the economic development coordinator. And if you haven't had time to look at this, certainly we can hold it over until next week. Bird: I would prefer that, Madam Mayor. Item 7: (Items Moved from Consent Agenda) Item 8: FP 04-029 Request for Final Plat approval for re -plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C -G zone for Troutner Park Subdivision No. 2 by Mary Ballantyne — west of North Meridian Road and south of West Franklin Road: De Weerd: Okay. Okay. Item 8 is FP 04-029. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is the final plat for Troutner Park Subdivision No. 2. You will recall this came through -- they are primarily consolidating a number of lots for the West Boise RV Park and they have gotten their final vacation approvals from the Ada County Highway District and I have now submitted the final plat. It is in substantial compliance with the approved preliminary plat and staff is recommending approval and I have talked to Mr. Ericson of Keller and Associates and he indicated that the applicant was in agreement with the conditions of approval and I'm getting a nod from Mr. Ballentyne as well, so I believe that all issues have been resolved. De Weerd: Thank you. Any questions for staff? Bird: I have none. Rountree: I have none. Wardle: Madam Mayor? Meridian City Council Meeting May 11, 2004 Page 11 of 20 De Weerd: Mr. Wardle. Wardle: Madam Mayor, hearing no more questions, I move that we approve FP 04-029, final plat for Troutner Park Subdivision No. 2. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 8. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No. 5 by Engineering Solutions, LLP — west of North Eagle Road and south of East Fairview Avenue: De Weerd: Thank you. Item 9 is TE 04-001. Powell: Madam Mayor, Members of the Council, this is a time extension for the Gemtone Plat. I have showed the vicinity map, just because it's kind of an odd parcel and it's helpful to see how it relates. It does connect and extend Pine Avenue to its west property boundary as shown here. They are -- the applicant's statement says they are nearing completion and that instead of bonding, they wanted to get a time extension on the plat and staff has reviewed it and it's recommending approval of the one-year time extension. De Weerd: Okay. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no comments, I would move that we approve TE 04-001 time extension for a period of one year to May 1st, 2005. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9 to May 1st, 2005. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 11, 2004 Page 12 of 20 Item 10: Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC —1236 East 2'% Street: Item 11: Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi -family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC — 1236 East 2'% Street: De Weerd: Thank you. Okay. Items 9 and 10 are for applications PF 04-001 and CUP 04-003 for Troy Place Subdivision. I'll open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this area is just north of -- kind of the downtown core and it's on East 2 112 Street, as shown there. There is a beauty salon to the south of the property and a single-family residence to the north. The kind of interior of this block is largely vacant, as you can see. There are some single-family homes down here that back -- their lots back onto this property, but the homes are quite a distance away. The applicant has brought forward a combined preliminary and final plat. The plat is necessary to put each apartment building on its own lot and, then, there is one common lot that holds the drive aisles and the parking lots and they are seeking a Conditional Use Permit, they are seeking approval of one triplex, which they have actually already gotten approved through the City Council and, then, two additional four-plex units at the east end of the site. One here and one here. They would all take access from this internal drive. It's a 25 -foot wide drive that comes up through the property and, then, there is an approved turnaround at this location. Then, they'd come back out. Actually, the approved turnaround is here. Sorry. There is a basketball court and a picnic area included on the site as part of the PD application. The area is currently designated as high density residential on the Comprehensive Land Map Plan and this is -- complies with that designation. Their overall density is 15 -units to the acre. They have requested a number of setbacks and it always gets difficult to determine what's the appropriate front, side, and rear setbacks on these ones where there really -- the lots are just accommodating the buildings, but they face a different way. The existing setback here, I believe, is six feet, so that would remain. They are proposing, I believe, nine feet in this location. And, then, this -- can't read that dimension. That appears to be about 14 and one half feet, almost nearly 15 feet along the eastern boundary. I believe you also received a copy of a revised landscape plan. Mr. Hood did have a number of revisions that he required them to do in the landscape plan. It appears that they have met most of them. You will see a number of additional trees, particularly along the north boundary and the south boundary and the east boundary. It would appear that the landscape plan addresses those, but the timing of that was not stated, so I'll let Mr. Hood review that tomorrow. At the Planning and Zoning Commission they did hold a hearing on March 18th and they have recommended approval of this application with conditions. The applicant's representative Shawn Nickel testified in favor of the application. Two members of the public testified expressing concerns about the proposed development. The key issues of discussion Meridian City Council Meeting May 11, 2004 Page 13 of 20 and questioning by Commission included the open space requirements, both private and common, and landscaping adjacent to the single-family homes to the north. The two-story building backing up to the single family home to the south and let me show you that. It was -- the two people that testified were the homeowner here, which Mr. Palmer has worked very closely with to meet their needs and, then, the other testimony came from this property owner here and there is -- there is their house. The road capacity concerns on 2 112 Street and irrigation water and drainage runoff were the other items of discussion. The Commission made no major modifications to staff recommendations. They did add some additional landscaping to the north and required some landscaping in the long aisle of parking spaces in this location and some additional no parking signage and approval of the revised site plan, if it was approved by the fire department. Previously they had -- these three parking spaces went out -- extended out along here. It brought them to about -- the final one was about here, which exceeded the 150 -foot requirement of the fire department, so they flipped them around to this side and it now meets the fire department standards. There appeared to be no outstanding issues before the City Council regarding this application. I do have some pictures of the site. This is the existing triplex. This is the salon to the south. I don't have the elevations. I'm sorry. The elevations for the department dwellings were fairly attractive. I can find them and put them on the overhead. I'm sorry. Sorry I can't get the lights brighter. That is the elevation for the apartment dwellings. They are fairly typical ones. The stairwell comes up the center and there is a small landing and, then, they do have balconies. I believe one of the discussions at the Planning and Zoning Commission was the 100 square feet of private usable open space and, as I recall, this application did meet that 100 square feet requirement. I think I will end staffs testimony there. De Weerd: Are you done? Powell: Yes. De Weerd: I'm sorry. Is there any questions for staff? Okay. Hearing no further -- or any questions for staff, is the applicant here? Nickel: Did you get lulled? De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Nickel: It is. De Weerd: Thank you. Please state your name and address. Nickel: Thank you, Madam Mayor. Shawn Nickel, 52 North 2nd Street in Eagle. I appreciate the time this evening. I'm going to be very brief. As you can tell, we have worked very hard with your staff, your Planning and Zoning Commission, the fire department, and also with the neighbors in trying to bring forward an appropriate PD Meridian City Council Meeting May 11, 2004 Page 14 of 20 application. I think we have a nice in -fill for this property. It meets the intent of what your Comprehensive Plan calls for in this area. Again, as I stated, we did meet with the neighbor to the north who had concerns regarding fencing and landscaping and Paul will get up in a couple minutes and he will express some concerns and explain to you how we are going to work those out with him. The other neighbor that spoke at the P&Z who Anna pointed out lived to the south, was concerned about the two-story structure. As you can see from that aerial, he's quite a distance from the north -- from his north property line, our south property line. In addition, there are a lot of -- and I have got a picture here I can give to Anna or I could show you, I guess. This is our south boundary. Powell: You need to give them to me, Shawn. Excuse me. Mr. Nickel. Nickel: Okay. As Anna puts those up there, you can see that our southern boundary is lined with a lot of deciduous trees, both on our property and the property to the south and so I think that's going to provide that gentleman with a nice buffer in the summertime for views of that two story and I think he was concerned about the balconies that were facing out there and, again, those will be screened by those trees, which propose to retain the majority of those. Again, we have no objection to any of the proposed conditions of approval and I will stand for any questions you have. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you, Shawn. Nickel: Thank you very much. De Weerd: Okay. I have a person signed Palmer. I thought maybe it was Troy Place. want to provide testimony? Okay. Is ther testimony? Okay. Thank you. We will gei testimony you provide tonight the truth, the help you God? Stevens: Yes, I do. up here that didn't print. I think it's Troy If you would like to come forward. Did you anyone else who would like to provide -- I will ask that you be sworn in. Is the whole truth, and nothing but the truth, so De Weerd: Thank you. Please state your name and address. Stevens: Tom Stevens and I live at 1304 East 2 112. 1 live on the property just north of the Palmer place. De Weerd: Thank you, Mr. Stevens. Meridian City Council Meeting May 11, 2004 Page 15 of 20 Stevens: Madam Mayor and Members of the Council, I have talked with Mr. Palmer and we talked today about the -- again, the fence and the buffers between our place. I think that we won't have any problems as far as the fence and the landscaping between the two properties. The only problem that -- I don't know if it's really a problem, it's just finding out the actual pin placement of the property between our two places. I was looking at my property deed the other day and it's approximately about -- about a foot away from the fire hydrant that you see on that picture right there and when the surveyor came out he put a stake in about six inches from the edge of the right track of where my van is, so it's something that we just need to address to find out exactly where that pin placement is. They said there is a pin out in the middle of the road and that's straight away from the pin that's supposed to be on my property, so that's the only thing I feel that needs to be addressed as far any matters between Troy's place and my place. De Weerd: Okay. Well, thank you. Council, do you have any questions? Bird: I have none. De Weerd: Thank you very much. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Mr. Nickel. Nickel: Thank you, Madam Mayor. Again, Shawn Nickel. As Tom did state, we are going to work with Tom and I'm going to get my surveyor back out there to make sure that we have surveyed that in the right place. It's a discrepancy of about a foot. Staff has given us some flexibility on where to locate our landscaping and our fence to make sure -- what Tom's main concern is, is when he pulls his van in that he has plenty of room to get out, which is -- it's a good concern and we are going to work with him to make sure that he's happy with what we do and staff has given us that flexibility to work with that, so -- De Weerd: Okay. Thank you. Any questions from Council? Okay. Thank you very much. Okay. Council -- is there any further testimony? Hearing none, do I have a motion to close the Public Hearing? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Items 10 and 11. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on 10 and 11. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 11, 2004 Page 16 of 20 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing nobody jumping up to testify or talk, I move that we approve PFP 04-001, preliminary and final approval for Troy Place Subdivision and for the attorney to draw up the proper papers and include all staff and public testimony. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve PFP 04-001. Is there 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. Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve CUP 04-003 for Troy Place Subdivision and have the attorney draw up the proper papers and include all staff and public testimony. Rountree: Second. De Weerd: It's been moved and seconded to approve CUP 04-003. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and South Meridian Kuna Highway: Item 13: Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C -G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and South Meridian Kuna Highway: Meridian City Council Meeting May 11, 2004 Page 17 of 20 Item 14: Public Hearing: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: De Weerd: Thank you, Mr. Clerk. Thank you. Items 12, 13, and 14 have been asked to continue. I believe I need to open up the three public hearings, so I will open up Public Hearing AZ 03-038, PFP 03-007, and CUP 03-071. These public hearings are open and it has been requested to move to May 21st. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue the public hearings for Items 12, 13, and 14 to May 25th, 2004. Nary: Second. De Weerd: It's been moved and seconded to approve Items 12, 13, and 14, continue them to May 25th. Is there further discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Item 15 is an Executive Session. I guess before we go to Item 15, 1 would like to put Bruce on the spot. Bruce is going to give us an update tonight on the situation at Centennial Park and getting our plat approved, so we can start building our park. Nothing like putting you on the spot. Mills: No problem. Madam Mayor, Council Members, Bruce Mills, ACHD. What I did find out today, the construction plans are under review right now. Not as we speak, because they probably went home, but they are at the -- they were moved to the top of the list, so -- Nary: They never sleep. Mills: So, I'm hoping that we will get some approval in the next couple of days, by the end of the week. De Weerd: Thank you. Mills: Construction drawing, if you will. ,L�_ _ Meridian City Council Meeting May 11, 2004 Page 18 of 20 Bird: That's an awful big construction job. De Weerd: We appreciate that and appreciate your report. Item 15: Executive Session per Idaho Code 67-2345(1)(f). De Weerd: Okay. Item 15 is 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)(f). Wardle: 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. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of the Executive Session. Bird: So moved. Wardle: Second. De Weerd: It's been moved and seconded to come out of Executive Session. All those in favor say aye. De Weerd: No decisions were made. ALL AYES. MOTION CARRIED. De Weerd: Just a reminder about Slate West Casualty Company. It's the first large company and large employer in the EI Dorado Business Park and their open house is next Friday the 21 st from 3:30 to 6:30. Winston Moore has personally invited you all and would love to you see there. Also, William Hudnut will be speaking in Boise on May 17th prior to COMPASS and he also is speaker at the Idaho Historical Museum next Monday evening at 7:00 p.m. Bird: And they also are serving dinner aren't they? Meridian City Council Meeting May 11, 2004 Page 19 of 20 De Weerd: What? Bird: At COMPASS that day? De Weerd: A lunch. Bird: A lunch I mean. De Weerd: Yeah. I grew up in a different era. That is lunch. It's the mid-day meal. Bird: That is lunch. Nary: (Inaudible). De Weerd: I will get you copies of the longevity awards. We did make some of the changes and put in more of a mail -oriented type of choice and so I will get those to you. Also, Gary Smith and Brad Hawkins -Clark put together a summary from (inaudible) Blakeslee report and I will get you a copy of that, too. Bird: We already got that. De Weerd: Oh, okay. I guess I had asked Peggy to do that. I forgot. Nary: Nice cover. De Weerd: I did. Nary: Okay. De Weerd: Yeah, it's on the record. Anyway, I would entertain a motion, unless anyone has anything else? Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: Move to adjourn. Bird: Second. De Weerd: It has been and seconded to adjourn. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:15 P.M. Meridian City Council Meeting May 11, 2004 Page 20 of 20 (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WILLIAM G. BERG, �o ER ALS 5 / 2s / 4A DATE APPROVED