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HomeMy WebLinkAbout2004 06-15Meridian Citv Council Meetina June 15, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 15, 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, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and open up the regular Council agenda. It is Tuesday, June 15th. It is 7:00 o'clock and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you, Will. If you will all please join us and stand for the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Item No. 3 is an item we have added to our agenda. Please join us with the community invocation by Pastor Kevin Moyer with the Meridian First Baptist Church. Thank you for joining us. Moyer: Let's bow and pray. Our Wonderful Father, we are, indeed, thankful tonight, first, as we just recognize your graciousness and your mercies to us. They are assume, both to us as a nation, to us individually. We are, indeed, a grateful people to be here in America. We are thankful so much as we even tonight look at doing our own city and local business. We would not want to forget men and women that are tonight serving us in a greater and graver way in places all around this world. We pray for your watch care and safety upon them in harm's way. Thank you that they are willing to fight in order that we might maintain the kinds of freedoms and securities we enjoy so much here. And, Father, we pray for their loved ones and families that are missing them and concerned. We pray for their comfort and strength as well. But, then, Father, we are also concerned for issues right here at home. We pray tonight for the leadership that Meridian City Council June 15, 2004 Page 2 of 74 you have given to us as a city. We are thankful for each one and the different roles they fulfill, but that tonight there is something special as we gather together as citizenry and as leadership, that we might conduct business, Lord, that would bring good solutions and better community and the right kind of spirit as we cooperate together and I pray that we could demonstrate that tonight and just pray for, Lord, just that kind of an attitude that would be beneficial and, again, for wisdom and discernment we ask tonight and that it would be very definite for all of us. Thank you, again, Lord, that we can enjoy this time, it's something unique in the world, and that we would ever appreciate what you have accomplished for us. Now, we thank you in the name of our Lord Jesus who loved us, who died for us on the cross for our sins, in his precious name we pray, Amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Moyer, I would like to present you with our Meridian city pin. Thank you for joining us. Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda as published. I don't believe there is any changes or anything. Rountree: I will second. De Weerd: Okay. It's been moved and seconded to approve the agenda as adopted or as presented. I'm sorry. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 25, 2004 City Council Regular Meeting B. Approve Minutes of June 1, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 006 Request for Annexation and Zoning of 3.06 acres from RUT to L -O zone for proposed Southstone Subdivision by Pinnacle Engineers, Inc. — Northeast corner of South Eagle Road and East Girdner Lane: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L -O zone for proposed Meridian City Council June 15, 2004 Page 3 of 74 Southstone Subdivision by Pinnacle Engineers, Inc. — Northeast corner of South Eagle Road and East Girdner Lane: E. Findings of Fact and Conclusions of Law for Approval: RZ 04- 002 Request for a Rezone of 7.48 acres from L -O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development — east of North Linder Road and south of West Pine Avenue: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 005 Request for Preliminary Plat approval for 52 residential building lots and 1 common lot on 7.48 acres in a proposed R-15 zone for proposed Rock Creek Subdivision by Treasure Valley Development - east of North Linder Road and south of West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-006 Request for a Conditional Use Permit for a Planned Development consisting of a mix of residential and commercial uses with reductions to building setback requirements for proposed Rock Creek Subdivision by Treasure Valley Development — east of North Linder Road and south of West Pine Avenue: H. Drillinc Test Well #26 — Change Order #1 (Final) with Adamson Drilling: De Weerd: Item 5 is the Consent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda. 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. Item 6: Department Reports: Meridian City Council June 15, 2004 Page 4 of 74 A. City Council Member — Shaun Wardle 1. Update on Golf Course: De Weerd: Thank you. Item 5 -- or Item 6, under Department Reports, City Councilmember Shaun Wardle has an update on the golf course. Wardle: Thank you, Madam Mayor. As you recall earlier this spring we began a discussion about the Cherry Lane Golf Course in the City of Meridian, which is -- the property is owned by the City of Meridian and leased by the tenant Cherry Lane Recreation and tonight I have a report. The first thing I'm going to talk about is an ordinance that we are working on, a trespassing ordinance, which was part of our -- our mission to -- to begin. So, for tonight for discussion I will bring up just a couple points and, then, we can bring something back in a draft form. First off, for the ordinance, unlawful acts on the municipal golf course, it shall be unlawful for a person to perform any of the following acts on the premises known and designated as Cherry Lane Municipal Golf Course: Jogging, bicycling, walking on the course, except as a paid participant in play or when conducting ones self in an orderly and quiet fashion as part of the gallery in a competitive event or as a course employee within the scope of employment. Also several comments, additions, would be a participant in play, someone who is accompanying a participant in play. A person who is part of the gallery again. A golf course employee within the scope of duties. City employee or agent within their scope of duties. Those that are entitled by written agreement or otherwise permitted to be on the premises or any other persons not -- who has permission from the operator of the course to be on the premises. So, essentially, what we are doing is looking for -- an encompassing idea of who can be on the golf course at which times. I will point out that the penalty -- also for discussion, the penalty will change this specifically for an infraction, as opposed to the -- I believe the misdemeanor ordinance, which is in place, and it will become an infraction punishable by a fine of 100 dollars, excluding court costs and fees. And so if -- I believe, chief, currently that the trespassing ordinance that's in place is a misdemeanor; is that correct? Musser: This is correct. Wardle: Okay. Thank you. So, it would change that. Also tonight, before I discuss the final part of my presentation, Jennifer Lovan-Halloway and I have discussed several grants, which are available through the PGA, so I can invite Jennifer to talk just briefly about some of those grants. Lovan-Holloway: My name is Jennifer Lovan-Holloway, 4200 West Tolimer, Meridian, Idaho. I'm the general manager for the golf course. I had a sheet that -- well, you probably haven't had a chance to look at this, but there is -- the PGA has a number of grants that they give out every year. They have it for starting women's programs, to disability programs, to just a variety of things that you can get those for. I know part of the things that we are talking about is a water system, but my other -- some of the things that -- the minor things that we need for the repairs done, you know, as we have Meridian City Council June 15, 2004 Page 5 of 74 talked about the bunkers needing repairs. One of the things that us and the city and Cherry Lane is willing to do to work with programs with disability programs, one of the things in rebuilding bunkers is having handicapped access bunkers. We do have wheelchair people that play out in wheelchairs right now. We have at least two different people on a regular basis that are probably out once a week, things like that that are available and I wanted to let you guys know that, and there is -- like I said, I gave you this, so I -- to let you guys know of some extra programs that we do. Are there any questions or things that I could get for you more? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I haven't had a chance to read this, but just off the top of your head, do these require like a corporate or a municipal sponsor to seek these grants or can anyone seek them? Lovan-Holloway: We can -- as long as we have a PGA member at our course, which we do, which is Jeff Taylor, at this time, we can go through and do that. I will need from -- I guess from the city's part some ideas of things that you guys would like done out there, some programs. The other thing is is I may need some help, because I'm not a grant writer, I need some -- putting some type of a grant together for somebody being able to do that. De Weerd: So, does anyone know of any grant writers? Bird: Madam Mayor? Rountree: Yes. De Weerd: Yes, Mr. Bird. Bird: I believe that our parks department -- I believe Doug Strong can help on that. I think so, Jennifer. I don't know. If not, we can find somebody. Lovan-Holloway: Great. Bird: That belongs to Sage. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I was going to say, isn't that what we paid Sage for, to provide that community support, and they have already done that with the senior center. Meridian City Council June 15, 2004 Page 6 of 74 Lovan-Holloway: So, great. And maybe I could get together with them, then, and, like I said, come up with some ideas and if you, as a Council or Mayor, know of any programs that you would like to see or things, we can do that, too. I mean one of the examples on here, I know, like I said, that you haven't had -- they even have the Bum Institute Camp, one of the ones was given in California, and they, actually, help those players come out and be able to do something and build self esteem out there, so -- De Weerd: I think Doug has some grant writing, but you could call Will and, Will, can you get Jennifer the information from Sage? Lovan-Holloway: Thank you. Wardle: Thanks, Jennifer. And one of the things to point out, when Jennifer brought up some of the grant opportunities for the PGA, Cherry Lane is currently doing a lot of programs, such as children's activities, which are -- which could be implemented activities for the disabled and some of those activities, so I feel it would probably be beneficial to look for those opportunities. Onto I think maybe the larger issue and that is we, as a city, the day after our meeting, released to the website are -- the current PGA report, which I'm -- the PGA report on the golf course, advisory service report -- excuse me, USGA advisory service report and two weeks ago I believe the city clerk's office contacted each of the homeowner associations -- tried to contact each of the homeowner associations and gave them my name and contact information and, excuse me, we received some comment and invited everyone here tonight to talk about the course. The bigger issue that we have found, especially within the turf advisory, was that the irrigation system is currently insufficient for the facility. Our focus was, really, to talk about the landscaping of the course, as opposed to the playability, feeling that the -- probably the two most important things were to green up the course and to, in turn, in greening it with grass, get rid of some of the weeds. And so that's really what we have focused on. I will say from a -- I talked to several groups and one of the -- one of the estimates that we have from a comparable course in Yakama, Washington, for replacement of the course was 1.5 million dollars, which is roughly consistent with the turf advisory report that you can peruse on the web. So, the bigger fund would be, obviously, funding of the 1.5 million dollars. The reason we brought this forward in June was so that if there were available funding we could potentially look at some of that in the next budget year, next fiscal year. It's been our determination and this -- I shouldn't say our determination -- it became very apparent — and we can discuss it tonight -- that the City of Meridian, as far as it will have to look for new funds, 1.5 million dollars is not readily available within the general fund, and so for a topic of discussion tonight I would say that one of the sources of funding that we have available that Mr. Nichols has researched a little for me is a bond that would be -- that would need two-thirds voter approval for the bond and one of the other areas that I asked Jennifer here to comment tonight on was the potential to tie that bond to an increase in greens fees, such as some of the other municipalities have done. And with that I will ask for Jennifer's comments on -- I will say that we discussed it very briefly on the phone and that's, really, all the information that I have -- wanted to have a discussion. So, Jennifer, if -- Meridian City Council June 15, 2004 Page 7 of 74 Lovan-Holloway: Again, Jennifer Lovan-Holloway. My biggest thing with the green fees are putting a user fee, I guess, is the term to put on that, that you would attach to that. Right now Cherry Lane is one of the lower green fees in the valley, Centennial being the closest related one. Again, you can't compare Centennial and Cherry Lane, because they are two different -- one is not in a subdivision. There is apples and oranges there. And that is my biggest concern right now is if you start adding on fees to those green fees, you're going to lose the clientele you have already and because we have a variety of other issues going on with slope greens being in a subdivision, so the players that you already have, they are going — are we going to lose that much more play by doing that and that was my biggest concern for that. De Weerd: Any questions or comments from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jennifer, if we don't do something like that with a revenue bond or something, don't you believe you're going to lose players by condition of the course? Lovan-Holloway: I think you already have lost players. I don't think you're going to lose anymore, I don't think you're going to -- I think it will maintain exactly as it's going to be. It's going to be not a good, it's not going to be a bad course, it's just going to be a very mediocre course. I don't think it's going to go one way or the other. You're just -- you're going to have your play that is out there, your beginner golfers, your -- you know, never a -- probably not a lot of low handicap, that kind of thing, not major or statewide tournaments or IGA tournaments there. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I guess, you know, it's probably for further discussion as well, but I guess I have a hard time seeing how we ask the public to help fund an improvement to a golf course, but not ask the golfers to help fund that as well. I mean, you know, if you're going to ask people to basically take money out of their pockets to improve it, but not ask the players to at least participate in that, I don't how know you would ever convince people to vote for it. And if you need a two-thirds vote, I think you're going to have to be able to market that it's going to benefit the community, but it's not just -- you know, it's not one person paying for it, it's citizens, as well as the players, who are improving the whole course, so that you can promote it, so you can improve the quality, not just for irrigation, but improve the whole quality of the course, so that you can, then, market it, make it more of a good course, make it more desirable for other types of play, more play, more players, but if you don't -- if you don't include that fee piece, I don't know how you would ever convince two-thirds of anybody to vote for it. Meridian City Council June 15, 2004 Page 8 of 74 De Weerd: Jennifer, you just raised fees this year, didn't you? Lovan-Holloway: Yes. And we haven't raised fees in -- I believe it was either three or four years. De Weerd: Well, that wasn't -- Lovan-Holloway: No, but I mean -- De Weerd: What was the response to the golfers that -- Lovan-Holloway: We actually lowered our weekday rate, so our weekday actually dropped two dollars and we only raised our weekend rates one dollar. De Weerd: Anything else, Council? Rountree: I have a couple questions for Shaun, but I don't have any questions for Jennifer. De Weerd: Okay. Thank you. Lovan-Holloway: Thank you. Wardle: Mr. Rountree. Rountree: Madam Mayor. De Weerd: Yes. Rountree: We will work this out. De Weerd: Go ahead and recognize Mr. Rountree. Wardle: I didn't know if it was my discussion or -- Rountree: I got him into this. On the ordinance language that -- I think it would be beneficial to share that with the golf course operators, if it hasn't been, to make sure that all of the issues are taken care of. I noticed this weekend there was somebody working their dog in one of the ponds and that's not on this list, so, you know, it's a never ending deal for these people to try to operate this golf course. So, I just suggest that we share that with them and let them have an opportunity to add to the list if need be. The other point that I just found out is that their -- their maintenance facility is across a public street from the golf course at the current time and there are implements of agriculture or whatever you want to call it, the tractors, their lawnmowers and those kinds of things can be plated with a slow moving vehicle sign and can access the golf course legally by public street. There is some question with regard to the use of some of their other Meridian City Council June 15, 2004 Page 9 of 74 maintenance vehicles that look very much like a remodeled golf cart and probably the current ordinance we have as it relates to the operation of golf carts on city streets and county streets needs to include a bubble that would allow that operation for the golf course, so they are exposing their maintenance folks to a potential ticket. And a third point -- and it's something that a previous Council and a previous Mayor directed this citizen's group to put together this citizen's report. When that was started, questions were asked how is that report going to be financed and there was no commitment on the part of the city and the golf course took it upon themselves to get that report prepared and to the city and I'm asking for consideration from the Council to participate in the cost of the preparation of that report or at least give that some consideration. I don't know that that's necessarily a burden that the golf course operator should necessarily take, because it was a committee established by the previous mayor. Those are my comments and/or questions. De Weerd: Councilman Rountree, what is the cost and I guess as a councilman member at the time, you know, there was -- the mayor did pull the committee together, it was never brought to the Council to even confirm that committee, nor were there any discussions there would be associated costs. What were the costs? Rountree: I'm not sure what the costs were in the final, but the figure I had heard was something on the order of 5,000 dollars. De Weerd: To make a report? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I think what happened is somehow or other the Cherry Lane attorney and her assistant got involved with that and did all the writing of the report and I'm sure they did pay -- they did pay a price and I'm like Charlie, I mean I don't believe they should have to bear that themselves. I think the committee — I sat in on that committee as an ex -officio or whatever you want to call it -- a nonvoting member, but I don't think they should have to bear the brunt of the cost of having it written and I believe that's probably where the costs come. I don't want to share anything if they were paying the attorney and the helper to come sit at the meetings, I'm not for helping that, unless we are the ones that appointed them to come and I don't recall if that's -- if the -- if you guys -- I think I missed that meeting that -- where you appointed that committee in January 2003. De Weerd: We did officially appoint -- we never even knew who was on it, Keith •", Rountree: Madam Mayor, I understand the issues involved with that, but the fact remains is that a group of folks were commissioned to bring a report back to the city, as a result of that strange meeting that was held that we kind of kicked the thing off and Meridian City Council June 15, 2004 Page 10 of 74 questions were asked about whether or not the city was inclined to participate in a lot of things and one of them was the efforts of the committee and no firm answer was given. I'm just bringing it up for discussion, because that's an issue on the table. It's one of many. De Weerd: Well, I guess since this is the first I have heard of it, I would be concerned with precedence that would be set. We have had many committees set up and I have never had a report charged to us and certainly one that wasn't already pre -authorized before the fact and so I would consider that as we -- or concerned as we set committees that they feel compelled to hire someone to do their report for them and pass the -- pass it onto the city to pay for it. That should be discussed prior to. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I know we are just discussing this in general at the moment, but I would agree, I never -- I know when I was here I never authorized hiring Mrs. Butler to write a report for anybody and so I'm not sure why the city should pay for it. If I had been asked, I would have said we don't want Joann Butler to write a report, not for 5,000 dollars. She can -- if she wants to volunteer her time, that's great, otherwise, as the Mayor said, most committees do it themselves. But I would never have authorized paying Joann Butler anything, I didn't hire her, so I don't think we should pay for it. De Weerd: Nancy. Link: Nancy Link, Cherry Lane rec. Madam Mayor and Councilmen. At the meeting in question where Joann was asked to write the report, she actually wasn't there and we needed someone to write the report and by default the material went to her to write up and, of course, it wasn't until a later time that we received a bill -- Cherry Lane rec did, for that writing up. She gave us a bill for -- I don't remember the exact amount, but it was around 5,000 dollars. She discounted that, citing professional courtesy and I think the balance of that was just a little over 3,000 dollars, which we have paid, but I think in retrospect, if we had known that we were going to be charged for a city -- a committee, that we probably would have spoken up and said, no, we would like to find some other alternative. And so that's kind of how it happened. Bird: Madam Mayor? De Weerd: Nancy, how did Joann and Sharon get involved with the committee? Were they -- did the previous mayor ask or did you bring it as your representatives? Link: I guess I need to consult Jennifer, because I'm not really sure -- I wasn't part of the -- in the very beginning of that and Jennifer wasn't attending a couple of meetings, so I went in her place, and so to begin with I'm not sure. Meridian City Council June 15, 2004 Page 11 of 74 Bird: Because I'm real shocked that the city would appoint an attorney and her helper to it and that's the thing I'm -- I was wondering is how she got involved with it? Link: I think the -- of course, the meetings, I think, were open to people who wanted to attend -- Bird: Oh, yeah, they were open. Link: And so I -- Bird: But I think if you go back and look at the minutes, they even did some voting. I'm not sure, but I -- I think I was the only one that wasn't voting. Link: The meeting I was in -- I went like several times and they didn't vote. Bird: Okay. Link: And that was -- Bird: But I was -- I was quite shocked. I mean she did do a nice job of writing it -- or Sharon did, but I'm quite shocked that she — I thought she was there on her donated time. De Weerd: We could pull the minutes and see if the Mayor did appoint the attorney to that, but any appointment that is made is not made on a paid basis, unless it's done ahead of time, and I guess that's kind of -- this has never come in front of us and -- Rountree: Just bringing it up for discussion. De Weerd: You should have told me before this meeting. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And I would say one thing, I don't agree -- I'd like to know how she got involved, but I don't believe that -- unless Cherry Lane had them there representing them, then, I don't believe we should pay, but, if not, I think it would -- I'm like Mr. Rountree, I think we should come up with some part of it, if it was done. But if she was there representing them, then, that's a different deal. I'd like to know how she got onto the committee. Rountree: Madam Mayor, I did not bring the subject up one way or another, other for discussion. It is another issue. It's probably one -- not the most recent issue, but it's yet another issue in this long dialogue of golf course issues. Meridian City Council June 15, 2004 Page 12 of 74 De Weerd: I guess, Mr. Wardle, as you're taking a look at this trespassing, I would like the chief to take a look at it. I guess it needs to be one that is enforceable and who does that burden of enforcement fall on? I certainly know our police officers are very challenged and stretched at this moment anyway. Is the intent for officers or our code enforcement officers or exactly who is to be enforcing this ordinance? Musser: Madam Mayor, Members of the Council, enforcement on this, where it falls under a general provision of city ordinances are criminal misdemeanors at this point, it would fall primarily to the police officers to do the enforcement. However, we wanted to make it an infraction, so that it was a civil offense, as opposed to a criminal one, which makes it even a little bit easier for us to do, because we can do it by summons or citation format, even potentially, in the case of juveniles, as opposed to having to do a report, which we petitioned on a misdemeanor. I have reviewed the basic proposed language from both our city attorney Bill Nichols and from our contract attorneys with Boise city and it's just a matter now of being able to bring that all together in a format that this governing body would, you know, be happy with and would so move to approve and push forward in the form of an ordinance and I think we do have some access in terms of utilizing the city trespassing ordinance to make it a little bit easier for us to be able to do it. Technically, under this ordinance, if this Council so wished to move, they could also empower, just for this end of it, enforcement issues to other city employees, if they wanted, or other designated people. That has been done in the past. That's how enforcement officers get their enforcement powers. Same thing with our building inspectors and so on, if we wanted to extend it out in terms of maybe parks or even the corporation employees out at the golf course, there may be that access, but that's another whole question for the Council to have to decide at this point. Otherwise, it falls to my department and we will enforce the laws as the Council enacts them and presses them forward for us to do so. De Weerd: Thank you, chief. Any further questions? Mr. Wardle. Wardle: Madam Mayor, certainly on the ordinance side of things I will take comments back and work towards bringing a draft ordinance before the Council and the Mayor and all good comments -- one of the things to think about is as it stands right now we have a trespassing ordinance, which is a misdemeanor, which -- I mean I believe that we all feel probably should be an infraction and make sure that we have all of the activities that would be an infraction included in that. On the rest of my short report, are there any other comments or any actions you would like me -- or I should say anymore information that you would like me to bring back? De Weerd: Mr. Wardle, I guess after our last Council meeting and one of the questions asked was did you -- have you received any comments from citizens and I believe there was a citizen in attendance that was surprised, because there had been no information out. Have the homeowners associations been contacted and informed on this and invited to comment? What kind of out reach have we done and have you received any comments since then? Meridian City Council June 15, 2004 Page 13 of 74 Wardle: Madam Mayor, I'm going to defer the notification to Mr. Berg. Not to put you on the spot, Will, but -- Berg: Madam Mayor, Members of the Council, we are told that the first point of notifying the public was on the website and that was done, I guess, the next day after the Council meeting. And, then, after that we did have a few people come in that I did make copies for and distribute to them at their request. We did have a copy at the golf course I think for examination at anytime. And, then, as it's come down through the process of some other Council meetings, we did try to contact associations and especially if they came up to our counter, we asked them if they knew that our office had information, if they wanted -- wanted that and it was on the website, to acquire that report and I can honestly say that I'm not sure that we have contacted every association or president or representative that surrounds the golf course, but we did try to make some contact to people and get the word out that that information was available. We have a device to know how many hits were on, you know, those certain files that we have and if you look at the file in the Mayor's office, there is quite a few documents under the golf course, as was a lease and the other studies, so -- De Weerd: Is there anyone here on this particular item or subject? Please state your name and address. Margulieux: Gordon Margulieux, 2040 Interlochen Way in Meridian, Idaho. Yes, I had to find on the website, but I have talked to a number of residents around where I live and they have said that they have not seen or been privy to any of the goings on with the report and, again, I had to go to the website to find it. I haven't heard of the citizen's report and so I was going to ask if they could tell me where I could find a copy of that, because that's not on the website. De Weerd: The recommendations are on the website. Margulieux: Is that the report that they are referring to? De Weerd: Yes. Those are the recommendations. There is a lot of history and other information in there. Margulieux: Yes. Other than I did stop at the clerk's office and they told me that if I wanted to do a search, they would do a search on golf courses issues back as far as I wanted to. What's on the website right now only dates back to January. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I received -- I was forwarded an e-mail from Mr. Margulieux and one of the things that he has a question about and I guess I have a question about as far as my responsibilities is at this point we have a report and a recommendation for what we are talking about as far as landscape improvements and, excuse me, the water system itself, we don't really have an action plan or some sort of an item to take to the Meridian City Council June 15, 2004 Page 14 of 74 public. I would be more than happy to have town hall meetings or to individually contact individuals. In this, what I was looking to do, what I believed my direction to be was to gather some public comment and find some options and so I think we have achieved that goal. If you have any thoughts on further direction, I would be more than happy to look into those. De Weerd: I guess it just goes back to how have you had the public comment and that's probably the key question and how we proceed forward. I guess at this point you don't have any budget items, is what I'm hearing, though. Wardle: Madam Mayor, we as of this point do not have a budget item for the next fiscal year, which involves any sort of a capital expenditure at the golf course. De Weerd: Okay. Is there any further comment or questions on this item? Okay. What are the next steps, then, you would like Mr. Wardle to take? Because it sounds like he's seeking direction on that. Wardle: Madam Mayor, just a quick comment on my direction. I brought forward just simply one option as far as the large expenditure and some sort of a citizen bond issue and I didn't research completely, essentially, what it would cost and how all those things would -- I really just kind of researched the process. If you'd like I can bring some more information back. If not, I guess the discussion I had was whether we are considering this as an option or not. De Weerd: I guess from what I have heard from Council and the few comments I have heard from the public is that there is not a desire to use taxpayer dollars on it and it should be shared by the users in form of the revenue bond that you had mentioned. I do know that there has been some research done and there is a grant out there that can be pursued up to 500,000 and even have someone who has volunteered to write the grant and so that is certainly another route that can be done. So, I would look to you on your recommendation and we can move forward on feasibility and pursue this. But it sounds like your recommendation and what Jennifer stated are somewhat in conflict. Wardle: Madam Mayor, I would just like to point out that mine was not a recommendation, mine was a discussion item, and so if you would like, I can take -- or, excuse me, I can go back and bring forward to you some sort of an action item, if you would like me to do that, and, then, you could -- it would be my thought process, if I were to bring back an action item and the Council and the Mayor would like to see it go forward, then, I or a group of individuals would conduct -- would really, essentially, go to the public and ask their opinion on -- and their comment on that action item, even before any other action is taken. De Weerd: I think you need to do that and certainly work with Jennifer and see how you really want to proceed forward. So, I would like you to talk further with the golf course and, then, bring that back and, then, outline the next steps of moving forward. Meddian City Council June 15, 2004 Page 15 of 74 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, as you indicate, there are grants available and we do have volunteers to assist in that preparation, I would suggest that we move on those as quickly as possible, so we don't lose the grant cycle. There needs to be some clarification on -- if there are costs associated with the grant in terms of preparation fees or filing fees or whatever kinds of fees there might be associated with, what part, if any, or all, are the various parties going to participate in before we get into yet another issue. But I think if we have something on our plate now, it's to everyone's benefit that we pursue them. De Weerd: I have talked to Mr. Wardle about it, so he can follow up on that as well. Wardle: I will. B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) De Weerd: Okay. Okay. If there is nothing further, we will go to my short report and I promise it's short. Wendy Kirkpatrick in our planning and zoning department is wanting to pursue some downtown -- a new downtown look and she has talked with both the Meridian downtown corporation, as well as the parks department on some banners. The parks department did say that they have a list that's donated that hangs the holiday banners and that these can be taken down when the holiday banners go up and go back up when holiday banners go down. I guess the final question would be on when the banners start to show wear and tear and who would replace it, that could be worked and taken in front of the MDC. She has talked to the president. Regardless, I think when that time does come, we can take a look at what steps need to be done in partnership with the MDC. But this is just for the initial purchase of these banners and would like your approval to move ahead and pursue this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are those -- what are those banners, 185 or were they 85? 1 can't remember. De Weerd: Anna, do you know? Powell: She said they are about 190 dollars each. They would be similar to this one that I have got up here. You know, not the same picture, but they are similar size. the brackets are already in place for the holiday ones, so it fits in the same bracket. Bird: Another follow up. I believe she wanted ten; is that right? Meridian City Council June 15, 2004 Page 16 of 74 De Weerd: I don't think there was a number. Bird: Yes. At MDC she told us a number. Powell: Was she -- Bird: Wasn't it ten or -- Rountree: I don't remember what the number was. Powell: I'm not sure on the number. Ten does sound right, but I am not positive on that. She's largely been working directly with MDC, so I apologize. Bird: My opinion is I think we can -- I think we can probably sell some of these to people and -- but I think we ought to move on it and I think they are a very nice, attractive, addition to downtown myself personally. De Weerd: Okay. Thank you, Mr. Bird. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. I think it's a great idea, but I do like Mr. Bird's suggestion that we look at some sponsorships with some local businesses and also maybe not necessarily an MOU with MDC today, but, you know, if the city is going to buy these initially to sort of kick off this program, I think, eventually, it needs to be the MDC's responsibility to do that. It's promoting the downtown area and the city and that's really their charge to do, but I recognize that may not be -- they may not be able to do that right now, but I think definitely trying to work through some sponsors and maybe, you know, I think there is more brackets. I was kind of hearing Mr. Berg say that there is more than ten brackets down the street. So, maybe what we would look at is possibly buying the initial ten, but looking through some sponsorships to get more to kind of fill up the downtown area, so at least, you know, kick it off to some degree, but that they really go, you now, actually out selling that idea in downtown and I think that would really be a real positive for the businesses in downtown. Powell: Madam Mayor, just a follow up on that. She has contacted the MDC, as Keith has mentioned. They just haven't had an opportunity to get back. We needed to bring it to you before, then, because it's an online application and it is due July 1st, so we kind of needed -- apologize for not having all the T's crossed and I's dotted at this point, but there was some -- a little bit of urgency in talking to you before the 1 st. That was -- Rountree: Madam Mayor? Meridian Clty Council June 15, 2004 Page 17 of 74 De Weerd: Yes, Mr. Rountree. Rountree: Just a point of information. MDC does have on their agenda -- ongoing agenda an entrance signage grant project that would be a permanent replacement for this kind of an activity. So, I can't give you a time line on that, but it is something we are talking about and having said that, if we need a motion to approve the advancing of this grant, I so move. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve pursuing this application. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda Item 8: FP 04-032 Request for Final Plat approval for 54 single family residential building lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by Liberty Development — 3615 South Locust Grove Road: De Weerd: We will move to Item 8, FP 04-032. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is a final plat for Roseleaf Subdivision. As a reminder, it's off of Locust Grove Road just south of Overland. Tuscany Village project, the triangular shaped project, is just north of this, if you recall that one. This is the approved preliminary plat. There is -- the final plat is in substantial compliance with the approved preliminary plat. Your staff report notes special consideration about the lack of a common open space in this location. They have revised the plat to include that and I believe you have got a full size plat on your chair today. So, that condition has been resolved, so it is in full compliance, basically, with the approved preliminary plat. That ends staffs comments. De Weerd: Okay. Council, do you have any questions for staff? Bird: Not at this time, Mayor. De Weerd: And is the applicant in agreement? Powell: Madam Mayor, I have not had a chance to talk to the applicant. He's catching my eye and he's nodded that he is in agreement with the conditions of approval. Meridian City Council June 15, 2004 Page 18 of 74 De Weerd: Okay. So, the applicant is in agreement with the conditions for the final plat and unless you have any questions for him, I think he's just fine sitting back there. Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-032, final plat for Roseleaf Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 8. All those in favor say aye. All ayes. Motion carried. Do I need roll call vote? Bird: Yes, you do. I'm song. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: Discussion of Sale of Property at Public Auction Resolution: De Weerd: Okay. Item No. 9 is discussion of sale of property at public auction resolution. I would ask our attorney to comment on this. Nichols: Madam Mayor, Members of the Council, this is a small lot that the public works department originally obtained, I believe, to put in a water pressure booster station. It was subsequently not needed. Since it's not needed, the subject of selling it, so they don't have to worry about weed control and that sort of thing, has come up. The first step for the Council is to assign a minimum declared value to that parcel. Public works department has given you an estimate of what they think the parcel is worth according to some discussions with the assessor's office and so it's up to the Council to determine what the minimum declared value is. There will, then, be a public auction. If the parcel -- if someone bids the minimum declared value or more, the parcel is sold. If the only bid is received or if there are no bids that are received, if the bids that are received are less than the minimum declared value, then, the city is free to negotiate with a willing buyer at a price that may be less than the minimum declared value. De Weerd: Thank you, Mr. Nichols. Any questions from Council? Okay. Is there any suggestions on value? There is a suggestion in front of you for a range. Mr. Nichols, did we not have a suggested -- Nichols: Just a minute, Madam Mayor. Watson: Madam Mayor? Meridian City Council June 15, 2004 Page 19 of 74 De Weerd: Yes, I'm sorry, Mr. Watson. Watson: Bruce Freckleton in our department provided an interoffice memo to the Mayor and Council on May 24th. It doesn't appear that it's in tonight's packet. And that memo contains the suggested minimum value range. I can repeat those -- all that information if you'd like. De Weerd: Yes, please. Watson: Bruce Freckleton spoke with Dan Curtis at the Ada County Assessor's Office. Apparently, Mr. Curtis told Bruce that an estimated value of that lot was 7,000 to 9,000 dollars. Just to follow up or qualify that, that's based on the added value to -- if it was added to the adjacent lot, rather than if it was sold as an independent parcel. De Weerd: So, if it was sold as an independent parcel, it certainly wouldn't have that kind of value. Watson: It would be non -- it's nonbuildable. De Weerd: Yes. It would -- so, that's the discussion in front of Council? Okay. So, Council, what direction do you want to go with this? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not having any sage advise on this particular thing in terms of how to assess a minimum value on a non -build -able lot, but I would suggest that we start and consider something on the order of half of the minimum value as it might be of value to the adjacent property, which would be about 3,500 dollars, as a point of discussion. De Weerd: Okay. Is there any comments regarding that suggestion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Unfortunately, I think we are all going to be shooting in the dark here. I think -- I mean I recognize that the minimum value as a non -build -able lot is probably pretty small. I guess our charge is is to make sure the public is getting the value of this property. My recollection was when we discussed this before, Brad, was this lot donated or did the city purchase it? And I just don't recall. Watson: Councilmember Nary, my recollection is that it was donated as part of the plat from the developer. Meridian City Council June 15, 2004 Page 20 of 74 Nary: Okay. So, the taxpayers didn't expend any funds to buy it in the first place. Watson: No, they did not. Nary: Okay. And didn't pay any money to get it appraised, so I guess Councilmember Rountree's is probably as fair as anything. It seems reasonable to me. We didn't pay for it, so I recognize that likely the best likely buyer is going to be the neighbor and that seems like a reasonable amount as a minimum value is somewhere in that range. Bird: I would agree. Rountree: I have a coin to flip. De Weerd: That's all right. That's democracy. Okay. Do we have a motion to declare a value? Rountree: I move, Madam Mayor, that we declare a minimum value for the surplus property at 3,500 dollars. Bird: Second. De Weerd: Okay. It's been moved and seconded to value the minimum on this piece of property at 3,500. Does this need to be done by roll call, Mr. Attorney? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Item No. 10 is a continued Public Hearing from June 8th on the Idaho -- I'm sorry. Nichols: Madam Mayor, I'm -- excuse me. Madam Mayor, the next -- you need to set a Public Hearing date on the sale of this parcel at that minimum declared value. So, Mr. Clerk can supply you with the appropriate date for that hearing. De Weerd: And what are the noticing -- Nary: Madam Mayor? So, that we have enough time to make sure noticing -- and right now we are looking at potentially not having a meeting on the 29th of June, could we -- I guess I move that we scheduled the Public Hearing on this property and the resolution for July 13th, 2004. Meridian City Council June 15, 2004 Page 21 of 74 Bird: Is that a motion? Nary: Yes. Bird: I will second it. De Weerd: Okay. It's been moved and seconded to designate July 13, 2004, as a Public Hearing for this piece of property. Is there any further discussion? Okay. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nichols: Madam Mayor, just to clarify, there will be a resolution on next week's agenda. In the materials we submitted, that one resolution that sets the hearing and so forth, if the clerk will provide that for next week, then, that can be done and a summary of Council action will be published and, then, the hearing will be held on the 13th of July. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Okay. Item 10 is regarding the Idaho Community Development Block Grant for Louisiana Pacific. It is a continued Public Hearing. Is there anyone in the audience who would like to testify on this item? Okay. We had continued this Public Hearing for any written comments and there were none received, so -- okay. Council, I would entertain a motion to close this Public Hearing. Bird: So moved Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Clerk, do you want to just let Council know what the next steps on this are in terms of -- we do need to pass a resolution, I believe, on this, but that it will be going in front of the Governor's Council in July -- on July 22nd. Berg: Madam Mayor, I think you have kind of spelled it out pretty good, but I will just follow up. They will complete the grant, because it's kind of pending right now and that's due June 21st and it will go before the group in Rexburg, which you will be attending for the presentation in July. Meridian City Council June 15, 2004 Page 22 of 74 De Weerd: Okay. And there is no further action needed at this point from Council for the application itself? Rountree: We just need to have a hearing. I thought we just had to have a hearing. Berg: I think previously you accepted to go ahead with this application and so we just have the process of the hearing and following through with the completion of the application. De Weerd: Okay. There was not a -- was there a motion to move forward with this application? Berg: No. Just to close the hearing. Yeah. Just to close the hearing. De Weerd: We did. Berg: That's all the motion was, so they can move. Just go ahead. De Weerd: Council, could I have a motion to move forward with this application? Rountree: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to move forward with this application for the Idaho Community Development Block Grant for LP. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are in the Public Hearing process and we do ask that everyone that will want to speak on any of these items that are in front of us for Public Hearing, Items 11 through 18, if you would like to share testimony on any of these items, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers.) Item 11: Continued Public Hearing from June 8, 2004: RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. — East of South Eagle Road and north of East Victory Road: Item 12: Continued Public Hearing from June 8, 2004: PP 04-009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Meridian City Council June 15, 2004 Page 23 of 74 Subdivision No. 4 by Sutherland Farm, Inc. — East of South Eagle Road and north of east Victory Road: Item 13: Continued Public Hearing from June 8, 2004: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No. 4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. — East of South Eagle Road and north of east Victory Road: De Weerd: Thank you very much. I will open the continued public hearings on Items 11, 12, and 13 and start with staff comments. Powell: Madam Mayor, Members of the Council, before I begin, I apologize, I understand why this was continued, but I forgot to ask if you had a detailed presentation of this application last time and, then, we are just discussing the unresolved issues. Okay. Thank you. That means a much shorter presentation. This item was continued to allow staff an opportunity to review a revised site plan. Steve Siddoway has done that and you do have a revised site plan in front of you today. There were three issues that came up with regard primarily to fire and I will go through those rather quickly. Steve has detailed those in a memo to you dated today and they concern primarily some private drives. There is a private drive in this location that serves four lots. Normally, under the code provisions they would be required to make that common driveway 24 feet wide. They have proposed it at 20 feet. In addition, there is a common drive in this location that serves two lots. Normally, under code it would be required to be 16 feet. Again, they have proposed 20 feet. And the final common drive is in this location, serves two units. They have provided 20 feet. So, they are all straight driveways, there is no curves in them, so we felt comfortable approving this one that serves the four at 20 feet. The first condition -- the first item that Steve has pointed out is to delete preliminary plat site specific condition number six and replace it with a new condition number 15 that just states that all common drives shall be 20 feet wide, as depicted on the plat. In this private drive location it connects to another private drive or access easement through here and they have proposed that that would be -- serve as an emergency access for the fire department, because right now there is just one into the subdivision. So, this would provide a secondary access to the subdivision. And that item is addressed in item number two on Steve's memo; delete the second sentence in item number six of the fire department comments. This would serve as the stub street, those two Common drives in that location. And the fire marshal has also requested that Lot 43, Block 11, be posted no parking, fire lane, per the International Fire Code and that's a common drive issue again. So, those were the three changes and that cleans up the plat per the last hearing's discussion. Meridian City Council June 15, 2004 Page 24 of 74 De Weerd: It's a good thing we asked you for your short version. You would have lost your voice. Okay. Council, do you have any questions for staff at this time? Bird: I have none. Rountree: None. De Weerd: Okay. Is the application here? Would you like to comment? No? Okay. There is no further comment by the applicant. Is there anyone who would like to testify on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we close 11, 12, and 13, Sutherland Farms No. 4 applications. Wardle: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 11, 12, and 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? Hearing none, do I have a motion? Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 11, RZ 04-006, rezone for Sutherland Farms Subdivision and to include all staff, applicant, and public comments. Bird: Second. De Weerd: It's been moved and seconded to approve Item 11. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 12, PP 04-009, Sutherland Farms Subdivision No. 4, to include all staff, applicant, and public comments. Meddian City Council June 15, 2004 Page 25 of 74 Nary: Second. De Weerd: It's been moved and seconded to approve Item 12. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 13. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 13, CUP 04-009, Conditional Use Permit for Sutherland Farms Subdivision No. 4. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 13. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: PFP 04-005 Request for Preliminary Final Plat approval for the re -subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C -G zone for Copperpoint Subdivision by Larson Architects — east of South Eagle Road on the south side of East Copperpoint Drive: De Weerd: Okay. Item 14 is Public Hearing PFP 04-005. I'll open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this property is just north of the Sutherland Farms -- it's hard to see the outline, so I'll point it out. It's right there. But it's Copperpoint Subdivision. It's a re -subdivision of Lot 10 and portions of Lots 9 and 11 in the Silverstone Subdivision. They had done a lot line adjustment to create the property boundaries and now they are asking to subdivide the property. It does take access off of Copperpoint Drive. They have come in for a certificate of zoning compliance to begin construction on the large lot, Lot 3, and, then, there is a lot here -- a lot here that the general pattern -- you can see the outline of the proposed building. They have not provided details on this, but the general circumstance pattern will be that they will have a shared access coming off of Copperpoint Drive that will come down to this area. There is a portion -- a parking lot that takes access there and, then, it will take access -- switch technologies -- here as well. Madam Mayor, Members of the Council, those largely summarize the issues related to this subdivision. It is a re -subdivision of an Meridian City Council June 15, 2004 Page 26 of 74 existing lot. There aren't a lot of outstanding issues related to services or adjoining uses, so with that I will end staffs presentation. De Weerd: Okay. In the Public Hearing process we do allow the applicant 15 -- up to 15 minutes to present their project. The public commenting process is three minutes and, then, the 'applicant can come up and respond to any public testimony. Is the applicant here tonight? And were you sworn in? Larsen: Yes, I was. De Weerd: Thank you. Please state your name and address. Larsen: My name is Cornell Larsen. Address is 210 Murray in Garden City. De Weerd: Thank you. Larsen: Thank you. Madam Mayor, Members of the City Council. My name is Cornell Larsen, I'm here tonight representing the applicant on the project. The request is pretty much as staff had stated. This building has a permit that's available to pick up, we were just confirming fees today. There would be a second building here that would be the next portion of the project. There would be a building on this site and a building on this site when it's built out. These two would be single level buildings, this is a two story, this would be a two story. The subdivision is merely to create the additional lots and the availability of having separate building sites for each of those lots. We reviewed the conditions, do not have any problems with the conditions, and be happy to answer any questions. De Weerd: Okay. Do you have any questions for the applicant? Okay. Thank you. Larsen: Thank you. Powell: Madam Mayor? De Weerd: Yes. Powell: You give me three weeks off and I forget how to do this. This does come forward with a recommendation for approval from the Planning and Zoning Commission. Mr. Larsen was the only one to testify at that hearing. There was no opposition to it from the public and there were no major changes to staffs initial recommendations or to the project. So, there are no outstanding issues before the City Council. De Weerd: Thank you. Is there anyone who would like to testify on this application? Okay. Thank you. Council? Rountree: Madam Mayor? Meridian City Council June 15, 2004 Page 27 of 74 De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on PFP 04-005. Bird: Second. De Weerd: Okay. It's been moved and seconded to close Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Copperpoint Subdivision, Item No. 14, PFP 04-005. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 14. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MI 04-002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman — west of North Cloverdale Road and north of East Fairview Avenue: De Weerd: Okay. Item 15 is Public Hearing for MI 04-002. We will start with staff comments. Powell: Madam Mayor, Members of the Council, this is a miscellaneous application to -- the purpose of this is to decide whether you as a Council want to go forward with -- to Ada County to request a change in the area of city impact boundary. Mr. Schuerman's property, as you can see, is -- fronts Fairview Avenue and it is just on the border. The purple line marks the boundary between the Meridian area of city impact and the Boise City area of city impact. The property owner, Mr. Schuerman, also owns the property on the Boise City side. He is currently developing it. You can see one of the buildings going forward. You can see the site work that's already begun and he does have city services to this site. His primary -- the driving force behind this request is to provide services to the existing commercial businesses at that property. The request would not drive new development on the property, it would just serve the existing structures that are currently there. You can see how he's proposed an integrated system and Meridian City Council June 15, 2004 Page 28 of 74 development of those properties. If the Council chooses to move forward on this, there is a question of what fees would be appropriate for having him go forward. We don't have any fees associated with a developer -initiated change to the area of city impact agreement. It does require a fair amount of staff time to take those forward to Ada County and work with them and Boise City on those negotiations. I do want to point out when this started Mr. Schuerman was -- felt that the likelihood of him having services available from the City of Meridian in the near future was small. Just yesterday we did have a pre -application conference on this property and they talked at length to public works department about boring underneath Fairview Avenue to provide services to this lot, which would, then, extend it to this property as well. As you know, this is a larger undeveloped property that is under single ownership and we have only heard rumors as to when and where and how that will develop, but that is a large parcel for development. The natural flow of services, I believe, is from the north down to this property, but I'll let Mr. Watson verify that. So, there is -- there are some vacant properties adjoining this, despite the heavy development on the south side of Fairview Avenue. Watson: Madam Mayor, if I could just touch on the services issue a little. After Anna and I spoke this afternoon preparing for these applications, I spoke with our engineering technician who attended the pre -app meeting on the lot to the west. There appears to be some question as to whether that sewer that is presently in the corner of the Wal- Mart lot could physically get to that eastern most lot. Evidently, the sewer is about five feet deep and by the time they bore across, bring it across that approximately 250, 300 foot lot to this lot, we are not sure we have the depth to do it. In the master plan this is designated to go northwesterly into the South Slough extension. Water, if it was bored across, probably would not be an issue. That's all I have. Thank you. De Weerd: Okay. Council, any questions for staff? Powell: I wasn't quite done. Still need to get to the Planning and Zoning Commission recommendation. Staff did not make a recommendation on this application. The Planning and Zoning Commission have recommended a recommendation for approval. The applicant Mr. Schuerman testified in favor of the application. There were no members of the public that testified on the item. The key items of discussion were the sanitary sewer and water service and, then, the application fees associated with the area of impact boundary adjustment. The Planning and Zoning Commission, as I said, they did modify the staff report to delete the references to the current -- the fee schedule and staff does need to take this forward to you under a separate application, but we did want some discussion tonight, but they did delete it from the staff report as being not pertaining to this one particular application, but a general discussion. And with that I will end staffs presentation. De Weerd: Thank you. Questions? Okay. Is the applicant here? Were you sworn in? Schuerman: No, I didn't. Meridian City Council June 15, 2004 Page 29 of 74 De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Schuerman: It is. De Weerd: Thank you. Please state your name and address and spell your last name. Schuerman: My name is Fred Schuerman, S -c -h -u -e -r -m -a -n. My address is 6134 Emerald Street in Boise. De Weerd: Thank you. Schuerman: Madam Mayor, Members of the Council, this application is the result of the unique situation where the boundary of the area of impact bisects a property and the property is intended to be developed all as one development and we -- the utilities are available within just a few feet. Water and sewer are available right in this area and I don't know if or even if it's possible to get it from the City of Meridian and the annexation is not possible at this time, because there is not a connection of properties to Meridian and so it just makes common sense that it really should be all under one development and one area of impact. I pretty well, I think, covered my reasons for my application, so in a sense of expediency, I -- are there any questions on this? De Weerd: Council, do you have any questions? Bird: I have none at this point. De Weerd: No. No, sir. Do you have anything further you'd like to share? Schuerman: No. There are just, you know, several reasons, but I don't know if I should take the time to go through them all at this point. De Weerd: Council, do you want to hear what -- anything further as to the reasons why this should be brought into Boise's area of impact? Schuerman: Thank you. De Weerd: Thank you. Okay. Is there anyone else who would like to share testimony on this application? Okay. Council, discussion or a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't hear everybody talking, so I will make a motion to close MI 04-002, Public Hearing for Fred Schuerman. Meridian City Council June 15, 2004 Page 30 of 74 Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'm inclined to think that since this is a request of the city and there are costs incurred that the applicant desirous of this change, should bear the costs to move forward with the change in the impact area, but that's just my opinion for discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What kind of cost has Planning and Zoning got into this? I mean you said there was costs, but until you get a number, you -- it's hard to tell and I, too, concur with Councilman Rountree that if there was a major cost there should be reimbursement for it. Powell: Madam Mayor, we have not yet gone through to propose a cost. I guess we were waiting to see where this went before we developed one. They paid the fee for the miscellaneous application, which covered the cost for this hearing. Since the area of city impact boundary amendment does require meeting with -- for you all to meet with Ada County and, then, generally staff has to go to the planning and zoning commission hearing, as well as the board hearing on the matter and, then, just coordinate time. I mean we basically become an applicant at Ada County, so they have a developer - initiated fee that we can look at that one or depending on what Council wants to do, we can try and develop some estimates on time. Also may require coordinating with Boise City on this one. I believe he would have to actually go to Boise City and ask for them to amend their area of city impact as well, once both cities agree that it would go to the county. De Weerd: Do we have any other upcoming actions requested to the county that we could partner this with? Powell: There is the park -- the change for the park ordinance to -- excuse me. I'm getting a little tongue-tied. The request to have Ada County adopt our park impact fees is an application that's ready to go forward to the county. There have also been possible discussions of a change in the boundary toward the north end of town. Those Meridian City Council June 15, 2004 Page 31 of 74 are the only two items that are under discussion right now. The park impact fee would be the soonest that could go. De Weerd: That will go. Powell: Yes, ma'am. Excuse me. De Weerd: Okay. Council, any further discussion? Bird: I have none, Mayor. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So -- and I would agree with what's been said. I think if the developer -- the property owner wants to move that, they are going to have to bear the cost, I guess. I think all we are asking is probably a better idea of what those costs are, so he knows and put it on the agenda for that discussion with the county. I think is that all we are doing today? I mean it does make sense, so I don't have a concern with it other than that. Rountree: No. I agree. De Weerd: Okay. We do need a motion, though, on this item Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess I would move to -- for the planning director to get a better idea of cost, to communicate that to the applicant and, then, to include this in the next joint meeting with the Council and the county commissioners and, I guess, prepare the process -- to begin the process of transferring this property from the Meridian City area of impact to the Boise City area of impact. Rountree: Second. De Weerd: Okay. It's been moved to -- Nary: Whatever that is. Rountree: If you can repeat it. Bird: Discussion? Meridian City Council June 15, 2004 Page 32 of 74 De Weerd: Is there any discussion on this? Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, Members of the Council, with an application there needs to be some kind of an order and so what I would propose would be we would prepare an order that would approve the miscellaneous application and make it contingent upon the applicant and staff agreeing on appropriate fee for the staff time associated with prosecuting the area of impact amendment through the county and Boise City processes. And so, then, when that agreement is reached on the fees, then, staff has the green light to go ahead. If there is a dispute between the staff and the applicant with regard to the propriety of the fees, they can bring that back to you for resolution. De Weerd: Thank you, Mr. Nichols. Nary: That's what I meant. Rountree: And I agree. De Weerd: If you will second that. Rountree: Yes. Nary: All of that. De Weerd: Please don't ask me to repeat that motion or we could ask Dean to, please, type it back to us. Bird: Madam Mayor? De Weerd: Yes. Bird: Would you clarify that motion for us, please, before we vote? De Weerd: You're funny. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: CUP 04-010 Request for a Conditional Use Permit for a 100 -foot monopole communications tower in a C -G zone for T -Mobile by T -Mobile / Terry Cox — southeast comer of East Overland Road and South Eagle Road: Meridian City Council June 15, 2004 Page 33 of 74 De Weerd: Item 16 is a Public Hearing on CUP 04-010. 1 will open this Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, back to the south end of town. We are, again, off of Copperpoint Drive. It, actually, connects on the road that goes through the -- the primary road through the Silverstone development. This is a request for a cell tower. The lot in question has a flag and you can just barely see it there that does go down to Copperpoint. The site is currently developed. Conditional Use Permit. This is the flag, so it's near the end portion of the flag. The request is to construct a wireless communication facility, which would include a hundred foot tall steel monopole and supporting equipment in this C -G zone. It's -- the location is, as I have pointed it out, about approximately 1,200 feet east of Eagle Road and 1,600 feet south of Overland Road, so it is off the main travel routes. The tower and the associated equipment will take about a 16 by 24 foot area and it will be on a lease site. The applicant has agreed to provide two locations -- two co -location arrays for the future. They are only required by code to provide one, so they are providing an additional one and it would appear that the structures meet all the requirements as put forth in the planning -- in the zoning ordinance. This does come forward with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Clark Harris testified in favor of the application. No members of the public testified in opposition or in favor. No members testified. The key issues of the discussion were the proposed fencing around the tower and the color of the pole, what it would be painted, and the Commission did modify the staff report. One was to require the applicant to paint the mono pole structure a mat gray color, medium to dark. Before it had been a natural color, so it was just changing the color of the paint. And the Commission modified comment number two from the Meridian fire department to specify that the applicant post the building address on the outside of the sight obscuring fence, rather than on the pole itself. And there would appear to be no outstanding issues before the City Council this evening. I will end staffs presentation there. De Weerd: Thank you, Anna. Is there any further questions from staff? Any questions? Is the applicant here? Please state your name and address. Harris: Clark Harris. I live at 1571 East Harward in Salt Lake City, Utah. De Weerd: Thank you. Harris: Good Evening, Mayor, Members of the Council. One thing I would like to clarify, just to make sure you folks know where the location is. Is it possible to have the slide that shows the overall plat? Yeah. That will work. The actual site is in this corner here, this being East Copperpoint that was discussed in the previous application. The location was chosen to best hide it and take the tower off of all major thoroughfares or access roads into the growing subdivision and community business park. My understanding is when Sundance was developing this, they kind of communicated to you folks and this would be something that would be part of the whole development and Meridian City Council June 15, 2004 Page 34 of 74 that's where this location has come from and so this is something that is not brand new to you and previously has been at least discussed, details probably not. But what T Mobile is looking to do, as you're probably aware of, we are building right here in this whole parcel a call center that will employ about 600 to 700 folks. It's due to open and start receiving phone calls around August 1 st of this year. One of the primary functions of the -- the purpose of what we are looking to build the cell site is to, obviously, handle the phone calls that the employees will be using, not necessarily for their business, but for their personal use and also since the business park is growing, as you're probably aware of, there is a three story tilt up building going right in this location, I believe for Citi Bank or Citi Corp that should be opening and supposed to be 1,500 people. So, as you're well aware, there is a lot of development in the area and we are looking to provide wireless coverage. As staff mentioned, the structure is going to be designed to handle up to three carriers. T Mobile will only be installing the actual antenna array for our antennas and that will be at the top, the 100 -foot mark. Future carriers, if they ever come, would install their own -- you know, obviously come before you as a CUP or whatever their zoning process is and, then, they would install their own wireless array for actual antennas. The physical mass or the pole will be able to support that growth in the future. One -- a couple of items I just wanted clarify that was discussed at the planning commission. The fence will be a vinyl fence, baize in color, six feet in height, and that was at the request, again, of the owner, because it blends in with all of the other existing fencing and overall conditions of approval for the Silverstone development. And we are accepting of that and also the request of the fire department, we have our address posted on the outside of the fence and we are definitely understanding and accepting of that. And also with me as a final, I have some proposed idea for colors that I just wanted to kind of present to you folks to see if we are all on the same page and I was looking at some gray colors and I don't if it's possible to hand them to you or what the proper procedure is. Powell: Mr. Harris, we can put them on the overhead. It does have color, so it will work. Harris: Oh, it does? And what we are doing is painting the pole and it would include all the antennas and anything that you would see up in the air. De Weerd: I thought you had color. Harris: Believe me, when I went to the Sherman Williams store I had no idea there was this many shades of gray and the one that I was actually looking at was called uncertain gray, which I cannot pick out for the life of me which one it is. Is it possible -- it will say uncertain gray and I can't -- it's this one right here. The moral of the story is I was looking at these three shades of gray in here. I have found when you get too dark it sticks out and when you get too light it sticks out, because the eye is attracted to the brighter color, like flowers. So, I have found in my ten years of doing wireless development that these kind of grays, obviously, flat mat, non -reflective colors, seem to blend in with a large majority of the sky and so that's what we are looking at in Meridian City Council June 15, 2004 Page 35 of 74 somewhere in that color range and I just wanted to kind of throw that out. Other than that, I'm open to any questions or things you may be interested in. De Weerd: Council, do you have any color questions? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I know Mr. Nichols and I would say there is probably more shades of gray than that, but is that color pretty similar to what you see on the power poles? I mean that's -- they are probably the ones that blend -- Harris: Yeah. Basically, what we are doing is there is kind of galvanized steel that dulls with time. When it first goes up they are very reflective, but they wear and lose their shine and that's what we are trying to get to is to get to that as quickly as possible. Correct. Nary: Thank you. De Weerd: Okay. Any further questions? Harris: Thank you. De Weerd: Thank you. Is there anyone who would like to offer testimony on this item? Okay. Thank you. Staff, any further comments? Powell: No, ma'am. I just wanted to apologize for not knowing the correct location of the tower. I was too lazy to walk to Craig's office and we were trying to do it over the phone, so I apologize. That does make more sense, the location that he pointed out. So, I apologize to the applicant for not being correct. That was all. De Weerd: Thank you. Any questions, Council? Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the Public Hearing CUP 04-010. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council June 15, 2004 Page 36 of 74 De Weerd: Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-010 for T Mobile by T Mobile, Terry Cox, for a new monopole communication tower. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 16. Is there any further discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: PP 04-010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L -O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC — east of South Locust Grove Road and south of East Overland Road: De Weerd: Thank you. Item 17 is Public Hearing PP 04-010. 1 will open with staff comments. Powell: Madam Mayor, Members of the Council, you discussed the development agreement for this property last week to remove the conditional use requirement for every use that goes on. This is the follow-up subdivision that I think you know is coming. It is a lot -- the large lot that was originally thought that was going to be the ice skating rink as part of Resolution Subdivision, they are now proposing six lots. I'm going to go to the landscape plan. I was hoping you would be able to see the size of the lots. They run from 5,500 to about -- I think this one is 14,000 square feet and 13 some odd thousand square feet. These were nine and seven, I believe. So, there is a variety of building sizes. None of them are terribly large. As with the previous re- subdivision, there is not a lot of issues related to the provision of services or adjoining uses, because it is a previously planted lot. The Planning Commission has forwarded a recommendation for approval to you. Mark Guho, representing Aspin Grove Development, testified in favor of the application. No members of the public testified about the proposed development. The key issues of the discussion and questioning by the Commission included the internal drive aisle design through here and the requirement for future CUP approval of office buildings and that relates to the development agreement that you approved -- the modification to the development agreement that you approved. With regard to that, because you have approved that, site-specific condition number two should be deleted from the recommendation that you Meridian City Council June 15, 2004 Page 37 of 74 have tonight and that was with regard to the need to provide conditional use approval on each lot as they were developed. There is one modification that's required to the site design and that's just to shift this drive aisle down five feet, so that it -- wrong way. Sorry. So, that it lines up with this property. As you may recall, the Gaudry Seegmiller Subdivision occurred through here and there was no cross -access required going East- West. There is a shared drive that kind of comes down in this area and, then, will come across the northern end of this yet undeveloped property and, then, it will tie in with this development and I just wanted to point that out to you and with that I will end staffs presentation. De Weerd: Thank you. Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is that the section, Anna, where you were just pointing to that is going to connect to that flag lot piece below? It seems like I remember we required that there would be connection in the future and they would, then, not have the emergency access up above it. Powell: Yeah. Gaudry Seegmiller was required to provide an emergency access going south, not going East-West. It was going south. So, once that comes through here, there was a question as to when that temporary access could go. Nary: Right. Yeah, that was my recollection is I thought there was supposed to be some access here at this point in the future and, then, this would go away and I just couldn't tell from that site plan you showed, is that a -- Powell: It comes in right here. Nary: -- parking lot through right there? Powell: Yeah. Nary: Okay. Powell: It comes right there. Right now the way they have got it shown it kind of splits that property line, so we had them shift it down, so it comes right at the north property line. We had them shift it down to accommodate the required five-foot landscape buffer along the drive aisle -- or along the property line. Excuse me. Nary: Great. Thank you. De Weerd: Okay. Any further questions? Is the applicant here tonight? Meridian City Council June 15, 2004 Page 38 of 74 Dunsmer: We are coming en mass. De Weerd: Please state your name and address. Dunsmer: My name is Jason Dunsmer, 391 West State Street, Eagle, here on behalf of Mark Guho, the applicant. We thought we would answer any questions you had and other than that, staff has done a good job with the report and we agree with the conditions. De Weerd: Okay. Thank you. Any questions for the applicant? Bird: I have none. De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no more testimony, I move we close Public Hearing on PP 04-010. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. De Weerd: Any discussion by Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 17, PP 04-010, preliminary plat for Valencia Place -- excuse me -- Plaza Subdivision. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 17. Staff did recommend deletion of one of the items and is that included in that motion? Wardle: Yes. Included in the motion, if the second agrees. Meridian City Council June 15, 2004 Page 39 of 74 De Weerd: Okay. If there is no 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 18 is Public Hearing AZ 04-009. 1 will open this Public Hearing with staff comments. Powell: Madam Mayor, could I just have like a 30 second break? De Weerd: Staff or Council, five-minute break? Powell: Thank you, Mayor. De Weerd: Thank you. We will reconvene at ten minutes to 9:00. (Recess.) Item 18: Public Hearing: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: De Weerd: Okay. I will go ahead and call this meeting back to order and ask staff to comment on Item 18. Powell: Madam Mayor, Members of the Council, thank you for that break. I appreciate it. This is an application just for annexation and zoning of 36.93 acres that are currently zoned RUT. They are requesting a zone of C -G. It's located at the northeast intersection of Eagle and Ustick Road. The applicant has provided a detailed plan for a portion of the property, the southern portion. I believe this is a modification from the Planning and Zoning -- the site plan that went forward to the Planning and Zoning Commission. They have modified it somewhat. This is a large building. The applicant will give you the exact square footage. I remember it was four acres, so about a 160,000 square foot building. I do have elevations for that. And, then, there are several pads over here, as they proposed small service, commercial, and retail in this area and, then, just general commercial on the remainder of the property. Immediately upon annexation the applicant does intend to use his one-time building permit to pull a building permit for this structure here. As part of the rezone application the applicant has proposed a detailed list of permitted conditional and prohibited uses for the entire site and that would be incorporated into the development agreement. Those should have come forward to you as an attachment, Exhibit B, I believe, in your staff reports or -- and also in the staff report staff has proposed a few modifications to those permitted uses. Staff is recommending that bottling and distribution plants, hospitals, molded plastic products, major utility facilities and warehouse storage be shifted from principal permitted to conditional uses. I do have some elevations for the proposed building. Meridian City Council June 15, 2004 Page 40 of 74 This does come forward with a recommendation for approval from the Planning and Zoning Commission. David Turnbull representing the applicant testified in favor of the application. He did provide a general background and overview of the project. Jim Manyon, who would be the site development manager for the -- I guess it's on the record now, for Lowe's -- this is a Lowe's building. They did -- Mr. Manyon would be the site manager for Lowe's, so it's the more detailed portion of the application. There were five different property owners in the Heather Meadows Subdivision to the east in this area here and they testified with concerns regarding traffic, the generator, compactor, and other noise pollution that may be created by Lowe's, public safety of children due to heavy traffic use, the hours of operation of Lowe's, and the lack of mixed -- of uses on the site, which this is designated as a mixed use regional on the Comprehensive Plan and staff has added their usual concerns about the mix of uses with particular regard to high density residential uses along transportation corridors as called out in the Comprehensive Plan. Carl Gibbert, the property owner to the south in this location, expressed concerns regarding the proposed driveway location and the increased traffic condition on Ustick. Dave Bowker, Board Member of the Boise Nazarene Church, which is just to the north of the property in the city of Boise testified about proposed access points and the potential property line conflict between the church parcel and the subject property. As a response to the concerns expressed that evening, the Commission did add a trash compactor and emergency generator to the list of activity uses which must get special accommodations for visual and acoustic impacts. They also added time restrictions from 7:00 to 6:00 p.m. for loading, trash collection, generator operations, and similar activities. The outstanding issues before Council regard, as I have briefly mentioned, the mix of uses proposed by this development. Currently they are proposing retail and commercial, which, basically, is all -commercial. They have not proposed, really, any office uses or residential uses or public uses or public plazas, as kind of called out by the Comprehensive Plan. The other remaining issue — and I should have explained this a little bit beforehand -- is the access points onto Eagle Road. The applicant right now is proposing to construct a new road on the east side of the property. This road would serve as the — what we call backage road for the area and it could continue down through potentially down to here into this property, which was approved with C -G zoning as part of Red feather and, then, provide that back access road to Eagle Road. So, there is a good potential that that could continue over time, which would provide a nice back -age road for this commercial development, as well as the one that's been proposed or approved for annexation and zoning in this location. And, then, they are proposing two driveways, in addition, off of Ustick. They are proposing two access points off of Eagle Road, one at this location and one at this location marks about the quarter mile. The ITD recently did a corridor study for Eagle Road and the general results of that corridor study were to limit access points to the half -mile and staff has been supporting that. The Planning and Zoning Commission also supported that recommendation. There is some question about Bald Cyprus Road. It's -- our understanding is that it was partially constructed, it's about 80 percent constructed in this location here. Our understanding from ITD is that although it's partially constructed, it was never approved for construction and that this access point was not approved for Bald Cyprus. So, even though it is partially constructed, what we have understood from ITD is that that construction was -- or that road location was not Meridian City Council June 15, 2004 Page 41 of 74 approved. So, those are the two outstanding issues is the mix of use and, then, in general, the ITD conditions. And with that I will end staffs presentation and answer any questions you may have, if I can stop coughing. Excuse me. De Weerd: Any questions for staff at this point? Okay. Is the applicant here tonight? You have 15 minutes. Turnbull: My name is David Turnbull. My address is 12601 West Explorer Drive in Boise. De Weerd: And did you participate in the swearing in portion? Turnbull: In the swearing in portion? De Weerd: Uh-huh. Turnbull: No. De Weerd: Okay. If you will raise your hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Turnbull: Yes. De Weerd: Thank you. Turnbull: I appreciate Anna's presentation. She's gone above and beyond the call of duty tonight. She's been suffering from this for a while I know and hope she gets better. This is a property that we are proud to bring forward to the City of Meridian. It was interesting to me that we had another application here tonight trying to shift areas to Boise from Meridian and I'm sure you're all aware of this property here, because it was a topic of a lot of discussion over the past, I don't know, six, seven years about whether it should be in Boise, whether it should be in Meridian, but we delighted to bring it forward to the City of Meridian. I appreciate the overview that's been given of this project. I don't want to belabor any of the points that Anna has already presented. The primary issues are transportation; we have ITD conditions that we will have to meet. Those are not all worked out yet here, but we have with this property three dedicated access points on Eagle Road. We are proposing to take those down to one access point and, then, share an access point with the Nazarene church to the north, which would be the continuation of Bald Cyprus. I'm not sure that Anna was exactly correct on the situation with Bald Cyprus here. That road was constructed about 80 percent. It was never completed, because it required a decel lane in this area right here and the owner of this property and the owner of this property never could get together and work those things out. We have -- since we went under contract on this property, we have gotten together with the Nazarene church to the north and we worked out the cost sharing arrangements on this road and the decel lane and all of those things, so we believe we can get that accomplished. And I believe it was permitted by ITD with the Meridian City Council June 15, 2004 Page 42 of 74 condition that that decal lane be included as part of the package. So, we look forward to completing that process. But we are doing our best to limit the access points, but we do have three dedicated access points currently and we still need to keep at least one of those to make this project a viable project and I think that's in the best interest of everybody. The other thing -- the other transportation entity involved is ACHD on Ustick Road. We have been through their process, they have reviewed the plans, and they have found this concept acceptable. There was some discussion about signalization in this area here and we had that discussion with Terry Little at ACHD, also with Gary Inselman, who is here, and it was actually I think Terry's idea, through Christy Richardson, it was expressed to me, that this signalization be allowed to occur here, so that this road could act as a mitigation to the Eagle Road traffic. So, Anna is correct in stating that there are concepts that that could act as kind of a back -age road and provide connectivity out to where signals could eventually occur clear up here on the half mile point. So, we think that that's an excellent solution, but it doesn't come -- it comes with a great deal of cost. Building that quarter mile stretch of road will cost us in excess of a million dollars in construction and land costs, so it's not a condition that's easy to swallow, but we think that we can work with that and we think it's an important component and we are willing to work with that. We do -- I do think that that leads into a little bit of the issue that Anna talked about and that's the mix of uses. We believe that this area is the prime -- this corner in particular is the prime retail corner for that intersection. It's the so-called going home site for traffic and that's what -- where the retailers first preference is to go and so we will do our best to incorporate some professional offices. The staff recommended and the city has -- excuse me. The Planning and Zoning Commission recommended -- they did clarify that that would include some professional office. We will do our best to do that. We build probably as much professional office space as anybody here in the valley, so we are not adverse to that, we just have to make sure that it's feasible and it works well together with the retail. Oftentimes you will find when you mix uses -- that mixed use, that it's predominately office, with a small service component of retail. So, we just have to make sure that it's all -marketable and that it will succeed in the marketplace. Let's see. The -- we don't really have much to discuss with the staffs recommended list of conditions, but I do have two items and I will read them and, then, I will give you a copy and these are the revisions we'd like to make. They are pretty much in line with the staffs conditions. Item B3.C3, we'd like to modify to read -- I think this is on page three or four. Powell: Page four. Turnbull: Four? Page four. We would like to modify that to read: Any structure -- and this is what we asked for from the Planning and Zoning Commission and I think that they accepted it, but it didn't quite get translated into the same wording in the condition. But any structure over 50,000 square feet shall require a conditional use permit for -- and, then, add site plan review only and not for permitted uses which are listed separately under this application -- under the application. And, then, in Item B.3.D, the following stand -- pretty much intact it will say: The following standard shall apply to all development on the subject property. All loading docks, compactors, emergency generators, trash collection, outdoor storage, or similar facilities and functions shall be Meridian City Council June 15, 2004 Page 43 of 74 incorporated into the overall building and/or landscape design, so the visual and acoustic impacts of said functions are minimized. And, then, the revision we would make is that all such activities shall be in conformance with the city's noise ordinance. There was a kind of -- well, without much discussion between parties, there was a time limit placed on the operations and you have a noise ordinance in place and any violations of that noise ordinance is enforceable against this project or any other project and we would simply ask that this project be required to comply with your noise ordinance. There was some discussion about standby generators and what is a standby generator. It's an emergency generator. It has to be tested once a week and Lowe's is willing to limit that testing to anytime. They suggested Wednesday between the hours of 3:00 and 4:00 o'clock. So, that should resolve any concerns about the emergency generator. Now, there is not a great deal of truck activity with this Lowe's, as you might expect. I mean it is a home improvement center, but they average about five to six delivery trucks per week and when they pull in, it's a matter of pulling in, loading up to the dock, sealing up the dock to the truck and, then, the unloading all takes place inside from that loading dock. There are some other deliveries, like UPS and Federal Express and those kind of miscellaneous deliveries, but it's not a heavy truck situation like you might envision. So, with those few revisions, we'd ask the City Council's approval of this annexation and rezone application and with specific approval on a site plan design and for the Lowe's facility, which we submitted, and to accommodate the tenant's schedule, we would ask that the Council -- and we discussed this with staff -- we would ask the Council to allow staff to receive the construction plans for this project for processing immediately, so that we can meet their schedule. And I will give you a copy of this, so that you have it for your use. With that I will stand for questions. De Weerd: Council, do you have any questions? Bird: Not at this time. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Turnbull, so if I understand what you're saying on the unloading facility -- the unloading area and the dock in the back, if all the loading is done -- unloading and loading is done inside, so there isn't loaders and forklifts and stuff running around that rear portion of the building -- Turnbull: Uh-huh. Well, a great majority is. There are some, you know, flatbed trucks that will pull into the garden center and things like that. We are just asking that we -- you know, this project be held to the noise ordinance, which you passed for such conditions, and if it does, we don't see the arbitrary time limitations as something that should be imposed. Meridian City Council June 15, 2004 Page 44 of 74 Nary: Yes. My concern -- and maybe just a comment as to your thoughts. I recall in Boise when they had a Home Depot that was built right next to homes, that was always the bone of contention was those types of activities and so I think that was maybe what the attempt was to limit that, but -- Turnbull: Sure. Nary: But do you have a comment at least as to how to alleviate that? I mean I know -- again, I recognize the noise ordinance is one method, but what other types of things and, secondarily, on the wall -- I think the staff report simply says a solid fence along the eastern boundary and I don't recall if Mrs. Powell said, was that a wall or was that a wood fence? Turnbull: It was a fence. Nary: It's a wood fence. Turnbull: Yes. Nary: Okay. And is that going to be adequate? Turnbull: Well, this is a little bit different than a lot of applications, because we are already separating this by two landscape buffers and a collector road, so it's not like the other situations where they are backed right up to the property line. So, that is different. We believe -- in fact, we had Matt Smith from our office had a neighborhood meeting with the neighbors out there and graphically taped off the kind of separation that they would have and showed where the landscape -- landscaping would be and I think there were a few of the neighbors that wanted a wall, but there were several of the neighbors that said they would prefer the additional landscaping, so we want to do the right thing, we want to provide adequate screening via landscaping. We, quite frankly, think that's preferable to, you know, a wall that can perhaps be imposing, not necessarily attractive as landscaping can be. Powell: Madam Mayor, if I might prompt the applicant. Mr. Turnbull, aren't you proposing a berm also along this boundary here that would serve as a partial noise buffer? Turnbull: Well, yeah, it's not -- you know, it's not an exceedingly high berm, but we will - - we will berm the landscape area on the -- excuse me -- on the east side to a maximum height we can, still keeping with maintainable grades. That's correct. Thank you. Nary: Madam Mayor, just one other question. De Weerd: Uh-huh. Meridian City Council June 15, 2004 Page 45 of 74 Nary: Mr. Turnbull, on that backage road that's kind of, essentially, connected -- particularly on that Bald Cyprus Road, eventually, I mean what type of steps were taken to make sure that doesn't become some speedway through that area? Is it because of the way the landscaping is going to be designed or -- Turnbull: Well, we haven't gone through the final design plans with ACHD, so I can't comment on that. Nary: Okay. De Weerd: Okay. Any further questions, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Turnbull, can you tell me the status of your coordination with ITD? Turnbull: Excuse me? Rountree: The status of your coordination with ITD. Turnbull: We are at present trying to get the meeting with headquarters to come up with -- now, there was -- there was a plan, I think, Anna, that you didn't reference, the plan that came out in April that showed the -- they went through a plan trying to decide what's the best way to control accesses and still accommodate the through traffic and they came up with a median control -- you probably know this, Commissioner -- or Councilmember Rountree, a median control type of a situation. I was in Tucson shortly after ITD held their public information meetings. I went to the one out at this church to the north, actually, and I was in Tucson where they had many major thoroughfares that are median controlled access and the traffic moves quite smoothly through that and I thought, boy, this is really the solution and I came -- when ITD's report came out, I was happy to see that that was the route that they intended to go. But in that report they are actually showing access points at this quarter mile section in that vicinity. So, we don't have final resolution with ITD. We are working on it. De Weerd: Okay. Rountree: Thank you. De Weerd: Anything else? Thank you. Okay. I have a number of people that have signed up to testify. Carol or Tish Gilbert. You can go ahead and pull that down. Gilbert: Okay Meridian City Council June 15, 2004 Page 46 of 74 De Weerd: Did you -- were you part of the swearing in? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Gilbert: Yes. De Weerd: Thank you. Please, state your name and address. Gilbert: Okay. My name is Trish Gilbert. We are at 3475 East Ustick Road, directly south of the proposed development, and we have visited with the Smith -Brighton people two or three times now and we just want Council to know that we are impressed with what they are doing, the way they are doing it, and that we believe that the light access north -south will be beneficial to everyone involved and would like to encourage Council to approve the project. De Weerd: Okay. Thank you. Tom Davis. Mr. Davis, you were here when we -- Davis: Yes, I was. De Weerd: Okay. If you will just state your name and address. Davis: My name is Tom Davis, I live at 2740 East Ustick Road in Meridian. De Weerd: Thank you Davis: Madam Mayor and City Council Members, I represent the Layton Lateral in the matter of the Smith -Brighton request for annexation and zoning of 36.93 acres from RUT to C -G for the purpose of Market Square. The Layton Lateral runs along Ustick Road on the south side of this property. We request that you require the Layton Lateral to be tiled with 30 -inch concrete tile. There is already 30 -inch concrete tile to the east and to the west of the property. We are requesting concrete tile to prevent any future damage, which could be possible with plastic or metal pipe. The Layton Lateral supplies water to Champion Park Subdivision, Summerfield Subdivision, the Davis property, the Hollister property, the school properties, including two charter schools and one elementary school. Also to Jasmine Acres, property owners Jack Kallinski and Ed Bollinger and Norman Cook and Wally Hendrick and our lateral is tiled from Cloverdale Road in 30 -inch concrete. Do you have any questions? De Weerd: Okay. Council, any questions for Mr. Davis? Thank you. Okay. Eddy Judy. I'm song. Okay. Thank you very much. Sharon Scar. Scar. Okay. Thank you. Corvey -- and I can't read the last name. Anyone with a name similar to that? Okay. Cherie Kusic. If you'd like to join us or do you have testimony? That's all right. We accept all testimony. Please state your name and address. Kusic: Cherie Kusic, K -u -s -kc, 13315 West Pinion Street, and Boise De Weerd: Thank you. Meridian City Council June 15, 2004 Page 47 of 74 Kusic: And we are in the Heather Meadows Subdivision, so we will be right there. And I appreciate everything that the developers are planning to do, but I still do not like the idea of Lowe's in my backyard. It's still going to be, basically, our backyard. My concern is that you see it is a subdivision, which implies families, which implies children, and there are some retired people there as well, so I have grave concern for the children, for the impact of property values for safety of families. And speaking of Tucson, sorry, I'm from Arizona. I was born here, though, but we have come back into the state and I have seen the impact of development living in Scottsdale, Phoenix, that area. We first moved there in '69 -- I'm dating myself. Anyway. And seeing it grow from a place similar to Boise to a place where now there is hardly any semblance left of the city that we grew up with. There is not much desert left, those beautiful Senoran deserts. Now we have an impact of the heat, because there is so much concrete now and it is so built up. We used to have football games in an area similar to Meridian, it was rural, kind of mixed use and it is now -- there is no farmland left there now, it's all been built up into Lowe's and to subdivisions and to other various things now, so it's like -- I hate to see the loss of character, I guess I don't know how else to describe it, of the town, besides the safety issues, that I'm just wondering why Lowe's has to be built there. Why not something with the 36 acres like is similar like the Blue Cross Blue Shield business corporation that's nicely landscaped or something where you wouldn't have that impact. To me a negative impact on the neighborhood as much and you wouldn't have the traffic problems, you wouldn't have the noise problems, you know, as much. Anyway, so that's my emotional testimony, I guess, I'd like to put forth. De Weerd: Thank you. Any questions, Council? Thank you very much. Okay. Emma Beck. Please state your name and address. Beck: Emma Beck. 3723 Bottlebrush Avenue, which is the road that parallels the one that they are proposing to build, so I feel our family is pretty impacted by this. I think part of my main concern is their zoning type; it's just so different. You know, you have residential, single dwelling families and high dense commercial and I just -- I'm very opposed to having those right together. They just really clash and I understand that there is the road that's supposed to help buffer that. I just don't feel it's sufficient and I am very concerned about -- I don't know if you know the road, it's Duane, right here, and I'm afraid when this is a red light people coming down will go, oh, here is a road and come through right here and they will cut right through the neighborhood and I think that will happen quite often. I am concerned, because I have walked the streets of this neighborhood passing out fliers, making them very aware of this project that's going on and I have seen numerous children. These are very small homes and they are very young families and I'm concerned for their safety, security, for the property values to be going down and I don't feel like all of the needs are being addressed and that. I feel like this is a huge project and it's just not matching its neighbor. De Weerd: Thank you. Council, any questions? Thank you very much. Okay. I'm sorry, Autumn or Andrew or -- I believe begins with an A. A -n -t -- and I couldn't even tell you the last name. Antonio. Yes. Please join us. I couldn't read your printing. Meridian City Council June 15, 2004 Page 48 of 74 Kusic: Sorry. I work in a doctor's office. It rubs off. De Weerd: Well, then, you have been trained well. Were you part of the swearing in process? Kusic: Yes, I was. De Weerd: If you will, please, state your name and address and maybe you could spell your name for us. Kusic: Okay. My name is Antonio Kusic. A -n -t -o -n -i -o. K -u -s -i -c. My address is 13315 West Pinion Street, Boise, Idaho. De Weerd: Thank you. Kusic: And as my wife and the last speaker, I echo much of what they said. I have concerns of this large project, especially next to a subdivision. I would like to see it retain the idea of a mixed use project, because it will lower down the amount of traffic on the weekends, it will give safety to the children that are living there, people who walk the neighborhoods will feel a little bit more secure. Again, like that little abutment street there, it can become an easy access for people who want to avoid a light, endangering the children that do live there and there has to be something done with that road, I mean either speed bumps or something like that. I appreciate the sound barrier that they want to put in and the landscaping and as to my wife, I agree with -- you know, if you look at Blue Cross that's down the street, they have nice landscaping. If you look down at the -- a. little bit farther down or a little bit over, the Wal-Mart that's at Eagle and Fairview and the other stores there, that's fairly sparse. They have some landscaping, but it's sparse. It looks like a desert, an asphalt desert. And that's something I would like to avoid. As my wife and I, we both lived in Arizona. Arizona was known for the three C's, cotton, cattle, copper and citrus. It's not known for any of those anymore. It's lost its identity, it's lost its livability. And I'd hate to see Meridian move in that same direction. Much of Boise and Meridian are very similar to what Phoenix was in the early Us and '50s and Phoenix and Scottsdale and all those cities have lost their identity. If you think about Scottsdale, everybody thinks about high dollar, but they don't think about how many backs of middle income built it. And so I'd hate to see Meridian and Boise lose those facets of their lifestyle and I just hate to see a project like this so big and so large right next to a subdivision. Thank you. De Weerd: Thank you. Any questions, Council? Thank you very much. Okay. Richard Beck. R.Beck: Richard Beck, 3723 North Bottlebrush Avenue, and I come before you tonight representing the Heather Meadows Homeowners Association. I was present at the Planning and Zoning Commission meeting that was held previously and with regards to the developer's request to have the recommendation of the Commission modified to Meridian City Council June 15, 2004 Page 49 of 74 allow the -- I guess the hours of operation and some of the other things, such as the -- I believe it was the generator to be governed by the noise ordinance, that was something we specifically requested to the Commission directly, requested hours of operation be limited to -- I believe it was 8:00 o'clock to 4:00 o'clock. The Commission moved to change that to -- I think it was 7:00. I'd have to look at their recommendation. But that's one comment that we would have, is we would prefer to have those specific limitations as has been done in other projects that are similar next to residential where, you know, the hours are limited as to when those trucks can come, so at 5:00 o'clock in the morning they are not rolling in. We have other comments I'd like to share with you. One is upon reviewing the recommended development agreement, there is recommendation from the Commission that talks Conditional Use Permits being required for the specific square footage of buildings, for new buildings, new structures, and we find it interesting that with the -- with this proposal, you know, there is a building for roughly 170,000 square feet, that pretty much tonight is being approved and the residents of Heather Meadows have been told for the past four years that this area would be developed with an office use. In fact, there was, actually, a sign posted on a stub street that's difficult to see on this map, but I believe it's -- I think I have it written down here. Broad Leaf. The terminus there, there is an actual sign that said that this would be future office use. So, the majority of the residents, that's what they had expected for the past four years and one of the challenges that we are having is even though the city would -- was required to notify and post the site and those other things, when you read the legal description, it basically states that Smith -Brighton is requesting annexation and zoning for RUT to C -G. So, many have assumed that that meant the office use was going forward. And we would rather see the developer required to go through the conditional use process, so things such as hours of operation and those things that will actually affect the people who live there, they will have that opportunity to address those specifically in an application for -- specifically for a Lowe's. As stated in the staff report, the subject property is designated as mixed use regional on the 2002 Comprehensive Plan Future Land Use Map. The general guidelines for development in the three mixed use designations found in the Meridian City Comprehensive Plan read: Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and where the project is adjacent to state highways, specifically 20-26, 55, and 69. So, this guideline does clearly encourage multi -family residential uses in all three of the sub categories for the mixed use, states especially for projects with the potential to serve as employment destination centers and when the project is adjacent to state highways. So, this particular site would meet both of those -- those suggestions, those requirements. I guess if the Council would move to determine that multi -family isn't necessary, isn't required, the next guideline that follows -- or I guess it would be the fourth guideline reads: Developments where multiple commercial and office -- and/or office buildings are proposed, not residential, the buildings should be arranged to create some form of common usable area, such as a plaza or green space, and I guess I wouldn't consider a Lowe's parking lot a plaza or green space. The proposed detailed site plan and I guess conceptual site plan does not contain said green space or plaza. The next guideline states when the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged and further in Chapter 7 in the Comprehensive Meridian City Council June 15, 2004 Page 50 of 74 Plan, under Goal Four, Section D, Objective A-6, reads: Require screening and buffering of commercial and industrial properties in residential use with transitional zoning. So, you can -- when you say requires screening and buffering, stop, but that's not specifically what the plan suggests, rather than just screening and buffering with landscaping and, you know, in this case with the collector street, the plan specifically states with transitional zoning, an actual zone that's separate, completely different. So, in this project no transitional zoning or use has been proposed with the subject application or as even required in the recommended development agreement. So, upon review, it's clear this application does not comply with the objectives of the Comprehensive Plan for mixed-use designations. As the proposal does not comply, we graciously request that the Council deny this application. Thank you. De Weerd: Thank you. Any questions for the applicant? I mean -- I'm sorry. Not for the applicant. Mr. Beck. Sorry about that. No. Thank you. Okay. Carol Stringham. Stringham: And I haven't been sworn in. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Stringham: Yes. De Weerd: Thank you. Please state your name and address. Stringham: My name is Carol Stringham, I live at 3441 North Bottlebrush and I -- if I could hand out a handout to you all really quick. Okay. Before you is just a list of concerned neighbors along Bottlebrush. We have since -- since this I have been able to talk with Mr. Smith, who is along with the applicant, about -- about what's going to be the sound barrier. If you will notice on that third, fourth page, there is pictures of actual sound walls from Target. The applicant at the Planning and Zoning meeting talked how the Target neighbors were quite pleased with what ended up happening. So, I went over there and took some pictures and also talked with some of the neighbors that has their homes backed up to it and they said that they worked really hard with the builders to get the requirements they desired and, then, really, they have turned out to be great neighbors. I notice that there are dense trees along that and there is a sound wall. What I would talk to you about, since I have since talked to Mr. Smith and he tells me that there will be a four foot berm with dense trees, is what he was talking about, and, then, the street and there will be 160 feet from our backyard, which is right where the lumber yard is I'm guessing from their picture that they showed last time, to where their building is, along with a thick dense bush that will back up along the building, so we won't see the building, and a compromise I would like to have is that that would be in the requirements written down if we are not going to get a cement sound wall, which he said the distance will be more, so than the -- than the sound wall. So, if that's true, I would like to have that written in the application and, then, also absolutely require the time stipulations and that would be all that I have to say. Thank you. Meridian city Council June 15, 2004 Page 51 of 74 De Weerd: Thank you very much. Is there anyone further who would like to provide testimony on this? Hamden: I'm Scott. I have already been sworn in. I'm Scott Hamden and I live at 13266 West Pinion in Heather Meadows and I'm employed by St. Luke's Meridian and I would like to bring three issues. One is the safety issue that's already been brought up. Without a doubt with traffic already built up all the way back to Cloverdale during rush hour, people will definitely -- could you go to the slide with the neighborhood -- with the -- thank you. Will definitely cut in and take shortcuts, this one or this one. As stated, there are numerous children and so safety is definitely a concern. Secondly, for reasons earlier stated, a structural sound barrier would be the most appropriate barrier there. I actually called Lowe's this week, the price is pretty cheap, and they quoted me 55 dollars per four feet for a sound barrier and I have a feeling that Lowe's could probably get a little bit cheaper deal, since you guys are related. Now, there is -- for some reason a financial concern for the hardship of Lowe's, I'd like you to keep in mind that last year Lowe's had sales of three point billion dollars worldwide, it's a Fortune 50 company that serves ten million customers, 975 stores in 45 states. I don't see financial hardship for building the sound barrier is really an issue for them. Thirdly, at the last meeting the trash compactor was brought up. The representative from Lowe's stated that they would get back to you on how loud that would be. They said that they never had to deal with this in any of their 975 stores in history, of giving that quote, so I want to make sure that they did, in fact, get back to you on the parameters of the trash compactor, as they said that they would. Again, thank you very much for your time and, please, keep in mind the safety of our children, the sound barrier, if it is, in fact, built and, thirdly, the trash compactor and other trucks. Thank you very much. De Weerd: So, do you have a stub street, then, out of your subdivision, then? Hamden: Correct me if I'm wrong, but one right there and right there. Both go right into Lowe's. As with other buildings around Meridian, people always go through neighborhoods through the stoplight, especially with the impact that goes all the way to your elementary school during busy times. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't believe the back -age road shows any cut in on theirs. Let's go back to their road. You know, up at the top they do, but they certainly don't show that middle one. De Weerd: We can ask the applicant to address that. Is there any further testimony on this application? Okay. Are you sure? Go ahead. If you will, please, state your name and address. Clapier: I'm Cora Lee Clapier and our address is 12912 Fiddle Leaf Drive. Mandan City Council June 15, 2004 Page 52 of 74 De Weerd: And were you sworn in? Clapier: I was not sworn in. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Clapier: Yes. De Weerd: Thank you. Clapier: I just wanted to, I guess, have the Council consider -- we just recently moved from San Diego and we just saw a Lowe's go in in San Marcus and they had a very definite traffic problem and it didn't get any better with them going in. I grew up here in the valley, so I can speak as an Idahoan. I just want you to think about the impact on your community. I know that it will probably give lots of revenue in Meridian and finances are always the bottom line, but think 20 years from now what you want your valley to look like. I just wanted to say that. De Weerd: Thank you. Okay. Any further testimony? Okay. Would the applicant like to respond? Turnbull: Thank you, Madam Mayor. I will go through some of these -- respond to them in order. Mr. Davis would like the Layton Lateral tiled with 30 -inch concrete pipe. That's acceptable. I brought up Tucson as an example of how traffic can be handled on busy thoroughfares like Eagle Road. I didn't use it to draw a parallel to Meridian and how the Treasure Valley is developing, it's a totally different dynamic in that respect. You know, Phoenix area pulls about 40,000 permits a year, Treasure Valley pulls about 4,000 permits a year, so it's a completely different dynamic. But Eagle Road, for an example, can be handled with median controlled accesses. Regarding the hours of operation, there are -- there are certain hours that Lowe's has to have to be able to operate their store. The hours that were imposed without discussion at Planning and Zoning Commission won't work. If you would like to discuss that a little further, we would be happy to, but the hours -- you do have hours in your noise ordinance, but they do have to be able to operate their store and being able to start at 7:00 and end at 6:00 or whatever is an arbitrary imposition on their ability to run their operation. You know, we always hear -- and I hear this on our applications, I hear it on other people's applications where people move in and they say, well, our realtor told us this property would be this or this property would be that. We hear that on every property. We did, in fact, do the Target store with our Hobble Creek project. That's -- it's been brought up here a couple of times, I want to use that as an example. The city asked us to come up with a concept plan. At the time there was an Albertson's, Gary Michael himself was talking to me about putting an Albertson's there, so we put together a concept plan that showed that. Well, Albertson's, as you know, located a mile further to the south at McMillan and a couple miles further to the north down in Eagle and we had to go with another option. When the Target store came in, everybody -- you know, Hobble Creek was already Meridian City Coundl June 15, 2004 Page 53 of 74 there, the neighbors were already there, and there was grave concern that that was going to ruin the neighborhood. People across the — kitty -comer in Banbury filed an appeal to stop it and you would have thought that the earth was going to come to an end. There were all sorts of testimony about cut -through traffic through Hobble Creek. Well, I have a sister-in-law that lives right off the main entrance to Hobble Creek and I go over there often to pick up my children. They don't have a problem with cut -through traffic. I mean people are going to take the easiest route and if it's that signal right there to get up, I don't even really see that as a cut -through method. That's a method to relieve traffic coming out of these neighborhoods to get them out to Ustick Road and the signal provides -- provides additional safety, it doesn't -- it doesn't exacerbate their safety. So, we think that that's a little bit of a red herring and I submit to you that when this is developed, you know, they -- I'm sure they's love to have single family housing next to them, but this property is designated in the Comprehensive Plan as a commercial zone and that's what we are asking for here. We intend on providing the landscape screening. We think that from our input from the neighbors who showed up at the neighborhood meeting, I think that there was at least as many people that were in favor of landscaping versus a masonry wall. We -- a plaza or public space was mentioned as one of the uses that might be incorporated in here. We did have some discussion about that that I omitted from my testimony here, we are actually planning -- we will plan and incorporate a plaza in this space, using some of the sandstone from an existing structure that is located on the property. You know, the question was asked what do you want this valley to look like 20 years from now. Well, that's what your Comprehensive Plan took into account and your Comprehensive Plan identified and designated this as an area for commercial zoning, you took those things into account. Quite frankly, I live out a little north of Meridian, I would be happy not to have to drive down Main Street to get to a Home Depot. I'd much prefer to bypass the Meridian Road area and be able to shop at the Lowe's here. So, I think -- I hope I have addressed the issues. If you have things you want to talk about as far as, you know, noise ordinance or hours of operation, we will be happy to discuss that and hopefully come to a resolution. De Weerd: Council, questions? Mr. Wardle. Wardle: Madam Mayor, thank you. Mr. Turnbull, I have a question about access and if you could just clear up for us will the site from Heather Meadows access the site through this area here? Is that what I'm understanding? Turnbull: And maybe we need to ask Gary Inselman. There is a stub street right here coming out of Heather Meadows and one coming out right here. In fact, it's interesting when I -- just before the Planning and Zoning Commission hearing, I was driving by the site coming to the Planning and Zoning Commission hearing and as you said this is only constructed to about this point, so there is somebody coming out of Heather Meadows to get to Eagle Road, they cut through the church parking lot and go through basically what's an illegal access right now onto Eagle Road. We think by finishing this project out we actually improve the safety situation. But that would be ACHD's call. I am Meridian City Council June 15, 2004 Page 54 of 74 assuming they would want to complete that connection, but if they don't, we are happy to not connect in that location. Powell: Madam Mayor, Members of the Council, it is listed as a condition of approval in the staff report. It's the last item on the page six, number eight, extend the existing street stub from the east property line into the site and it presumably is talking about that intermittent -- that middle driveway there, because there is a specific one about constructing Bald Cyprus Road. Turnbull: I believe that's correct. Thank you for clarifying that, Anna. De Weerd: Anything further? Wardle: Madam Mayor, just one more clarification. As I understand, Mr. Turnbull, in the Commission report the hours of 7:00 a.m. to 6:00 p.m. were not stipulated as hours of operation, but hours of activity as Councilman Nary alluded to in a situation in Boise as far as truck traffic. Is that -- I heard you say hours of operation and Lowe's needs certain hours of operation. Were you referring to the truck traffic or just being open? Turnbull: Both. But just keep in mind, you know, you know how these trucks travel and they -- Lowe's does have limitations on when those trucks can arrive, but a limitation 6:00 o'clock in the evening doesn't make any sense to me and, in fact, impacts their operations. I believe that, as I noted before, they have about five trucks per week, company trucks, and they arrive between the hours of -- I believe it's 6:00 a.m. and 10:00 p.m; is that right? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Turnbull, I guess if you could clear up for me, you know, it appeared at the Planning and Zoning Commission you were opposed to the mixed use regional zone and wanted a commercial zone and had expressed -- in the staff report it expressed a concern about basically equity with the other corner properties in this area, Kissler and Blue Marlin, and our staff report indicates that those have mixed use regional zones on them and have conditional use requirements for that and I think a lot of the issues we are talking about tonight are really conditional use types of requirements, not annexation and zoning requirements, generally, and I thought I sort of heard you say that you were going to be looking at that mixed use regional types of uses for this property. So, is that what we are -- is that where we are at tonight, we are just looking at mixed use regional and some restrictions of conditional uses for these other ones that would be similar to Blue Marlin and Kissler? Turnbull: And, Madam Mayor, Councilman Rountree, my concern at the Planning and Zoning Commission hearing was probably a little bit of my own misinterpretation, which I believe Commissioner Zaremba helped clarify for me. I believed that their requirement Meridian City Council June 15, 2004 Page 55 of 74 was that 12 acres be, you know, professional office and I just couldn't see doing 12 acres of professional office in that location and Commissioner Zaremba clarified the way he read it was that in those 12 acres some professional would be required to provide and mix of uses and as I said in my testimony today, we are happy to pursue that. And, in addition to that, we will -- which I neglected to mention in my opening statement, will be looking to provide some kind of a public plaza or some kind of a green space within the development. So, that would be forthcoming as well. Nary: So, by what you're saying now, I guess Mr. Beck had raised a number of concerns about inconsistency with the Comprehensive Plan, so, really, we are not talking about inconsistencies anymore. Turnbull: I don't believe so Nary: Okay. So -- but as for conditional use types of restrictions here, I looked at our city noise ordinance and it appeared what they were trying to address was basically I think as Councilmember Wardle just said, trash pickup, the noise from these generators, our noise ordinance doesn't address any of that type of behavior, so I don't know that -- I mean that's not addressing the concerns of the neighbors. The noise ordinance doesn't deal with vehicle pickup, trash pickup, or generators. Turnbull: Well, it talks about noise from buildings, the creation of frequent, repetitive or continuous sounds which emanate from any building structure, apartment, condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessions of real property, so on and so forth. So, I -- Nary: So on and so forth is such as audio equipment, musical instruments, band sessions, or social gatherings. I can't see from -- criminally being able to charge the building owner because trucks come at 4:00 o'clock in the morning. Turnbull: Right. Nary: So, I don't think it really addresses the concerns that the neighbors have raised about their quality of life right behind this building. Turnbull: Right. Nary: Same thing with the generator and I guess the other thing that arguably may be included in that is whether or not there are rear speakers and PA systems to the rear of this building, which are going to be right over their back fence. So, I guess what I'm saying is the noise ordinance isn't going to cut it. Turnbull: Okay. Well, I did mention and I think I mentioned in my opening statement that they are willing to -- the generator has to be tested once a week, just to make sure it works, and they are willing to limit that, they suggested a time between 3:00 o'clock and 4:00 o'clock in the afternoon on Wednesdays. You could make it Tuesdays, you Meridian City Council June 15, 2004 Page 56 of 74 could make it 1:00 to 2:00 -- they just need to be able to test that for one hour per week. And, again, as I said on the truck traffic, they can -- they can accept, you know, some limitations on their hours of operations. Their normal hours of operation for truck delivery is -- again, this is an average of five or six trucks per week and it's just pulling in, docking up and, then, it's sealed up to the building and they unload from there. But the normal hours of delivery come between 6:00 a.m. and 10:00 p.m. And I think that would be reasonable. Nary: Madam Mayor? De Weerd: Uh-huh. Nary: I guess the only other issue I have, Mr. Turnbull is, you know, the intent of the mixed use regional is to provide some of that buffering and transition and especially in that particular area where you're immediately abutting homes. I think the other two parcels that you had cited earlier really I don't think currently abut any homes. If you're looking for I guess the future of this property and trying to put some office space on that, it appears to me that the office space should go where the homes are and the commercial uses should, then, be closer to Eagle Road. I guess I just see a lot of clash between this property without -- I mean really just a fence, a roadway, and nothing else between the back of these buildings and these people's homes, when if you're going to have to put offices there anyway, that's ideally the buffering area between those homes and commercial sites. I just -- I just see that we are going to constantly have neighbors clashing with this property, because of noise, traffic, lights, and all of those things. Turnbull: Well, I guess I'd just have to respectfully disagree. I know -- cite Target as a good example. I mean people were concerned. You could have a -- you could have offices back there and you could have the same amount of traffic and, you know, a lot of people talk about the size of the building or something like that. Well, whether you have 100,000 square feet in one building or you have it in ten little office buildings, your traffic generation -- you know, based on use or ten small retail buildings, your traffic generation is going to be the same. I think Target, which is a project we did, along with our Hobble Creek, has been a perfectly good neighbor and it is only separated by a small service drive from the existing neighbors. And, quite frankly, it's probably one of the quietest neighbors they could have, but -- so, you know, we know -- we know Lowe's, they are a good operation, they are well respected and, you know, nationally renowned company, I'm sure that they would be happy to talk to you here about what kind of hours of activity they can live with, but we think that they are an appropriate use, it's appropriate -- and I think, quite frankly, your staff has analyzed this project properly and they have recommended approval. De Weerd: Council, any further questions? Mr. Wardle. Wardle: Madam Mayor, just a follow up. Mr. Turnbull, did you say you had someone from Lowe's that could address the hours of operation? Meridian City Council June 15, 2004 Page 57 of 74 Turnbull: Jim Manyon is here. Wardle: If I could hearjust a specific address -- Turnbull: Excuse me. Kirk is here. De Weerd: If you will, please, state your name and address and were you sworn in? Carroll: I was not sworn in. Kirk Carroll, 2669 North Silverleaf Way in Meridian, Idaho. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Carroll: Yes, it is. De Weerd: Thank you. Carroll: I guess I'll open myself up to your question, Councilman Wardle Wardle: My specific question is I heard -- I have in my mind a recommendation from the Planning and Zoning Commission of 7:00 a.m. to 6:00 p.m. for activities such as loading and unloading and truck activities and I have heard Mr. Turnbull say that those would be prohibitive for your use. What specific hours would allow you to have those deliveries as well -- and kind of justify some of the neighbors' comments to their privacy and noise. Carroll: Sure. As the delivery process was described by Mr. Turnbull, delivering a truck to a Lowe's store is simply a matter of backing up to a dock, shutting the engine off, unloading the truck, and driving away when it's finished. So, it's not that we have trucks lined up and idling behind stores at all hours of the day or night. A variety of hours in different areas and different stores. Typically what we find or what I find in the operation side of the business would be to begin being able to receive trucks at around 6:00 a.m. and we can generally alleviate them after about 7:00 p.m. It would be a very -- very much an oddity to have a truck arrive or expect to be unloading anything outside of those hours. The truck traffic in the rear of the store would really be quite minimal. As was outlined earlier, five or six company trucks a week would back into the docks, as well as the miscellaneous FedEx's, UPS's, and maybe some flatbed deliveries to the garden center. Even when the flatbed deliveries to the garden center arrive, they are not unloaded in the rear of the store, nor in the loading docks, instead, they are being unloaded on the side of the building and if I read the plot plan correctly, that would be at the side boarding Ustick, so the noise there wouldn't be an issue at all. Wardle: Thank you. Carroll: You bet. Any other questions? De Weerd: Council? Okay. Meridian City Council June 15, 2004 Page 58 of 74 Carroll: Thank you. De Weerd: Thank you very much. Okay. Council, do you need any further clarification, comments, questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a clarification staff and Anna of the process that has gone through for ACHD to require that stub street. I know it is a condition of approval. Did you have any indication as to specifically why? I'm not referring to the Bald Cyprus stub street. This stub street here. Powell: Madam Mayor, Councilmember Wardle, I have not read through the entire ACHD staff report. In general, it's standard for them to require extension of stub streets. Our Comprehensive Plan calls for an interconnected grid system of streets, as does Boise city's. Mr. Beck can correct me if I'm wrong on that one. So, it would be standard for them to extend streets, so -- Wardle: Madam Mayor? De Weerd: Yes. Wardle: A follow-up question. I guess one of the questions I have is if at this Council's discretion could we recommend the removal of access of that stub street? Powell: I would have you direct your question to Mr. Nichols at the end. Wardle: I'm sorry. De Weerd: Mr. Nichols at the end. Nichols: More ways than one, Madam Mayor. Madam Mayor, Members of the Council, I believe that Mr. Mills said in a recent meeting that the ACHD was a recommending body and so if it's this Council's recommendation -- condition that that not be approved or perhaps a modification of that would be that unless ACHD felt there were compelling reasons to do so, that that southern of the two access points not be opened onto the back -age road, that you would make that kind of condition. De Weerd: Does that answer your question? Wardle: Yes. Thank you, Madam Mayor Meridian City Council June 15, 2004 Page 59 of 74 Powell: Madam Mayor, Members of the Council, if you do decide to delete that you might give some indication as to what you might want to have happen to that stub street, if you want them to vacate it, turn it into a pedestrian access, or something along that line. De Weerd: Thank you. Anna, I had a question in regards to -- sense I haven't seen a landscape plan. On the area there on Eagle, will they be following the recommendations of ITD on what they are envisioning that corridor to be in terms of a detached meandering sidewalk and some of the lighting and that sort of thing? Powell: Madam Mayor, Members of the Council, my understanding was that the staff report was structured to basically support any ITD requirements. De Weerd: I think the timing was quite tight. I don't know if they were able to incorporate those. Powell: Well, we haven't received any yet. We haven't gotten an official letter from ITD as of this point, so I think that that's why we had a general standard to just support ITD's requirements on this site and if -- I'm quickly scanning. It says prior to the City Council hearing the applicant shall contact ITD District Three regarding the design of the Eagle Road, State Highway 55 sidewalk and landscape buffer, provide a written response to staff outlining the results of said discussion and any specific design standards that ITD may request as part of this development. So, we have not yet received it. De Weerd: Mr. Turnbull, I guess that question would be directed to you. Have you talked with ACHD -- ITD -- Have you talked to the transportation department about this? Turnbull: We have been attempting to get their -- get them to act on this project. It's -- they haven't -- they have not done so yet. De Weerd: Well, this is more in terms of the landscape buffer. Turnbull: We will comply with that. De Weerd: Okay. Turnbull: It will meet your own corridor — what do you call it, your corridor or gateway entry landscape requirements that you have in your own landscape ordinance as well. De Weerd: Thank you. Turnbull: Unless those two are in conflict, which I can't imagine that they are or it would be worked out. De Weerd: No. I think they were quite similar, weren't they, Anna? Meridian City Council June 15, 2004 Page 60 of 74 Powell: They have proposed, I believe, a ten foot separated sidewalk on -- it could be meandering, it could be straight, but they did propose a ten foot separated sidewalk, as I recall. They also were considering some lighting requirements and, then, the landscape berm -- I believe would -- would still -- all their improvements that they were discussing were within the existing right of way, as I recall. De Weerd: So, really, the only major difference would be the width of the sidewalk? Powell: Yeah. And the lighting requirements, if that came through. I apologize, I have not had a chance to read through their recommendation -- their final recommendation, I'm just going off the preliminary conversation we had with Mrs. Lowe. De Weerd: So, David, are you familiar with some of those that they are looking at? Turnbull: What they are looking at? De Weerd: In terms of the lighting, the width of the sidewalk. Turnbull: No, I haven't read any of those. Is this an adopted standard or something just under discussion? De Weerd: It came out of the Public Hearing processes and they were moving into the acceptance of standards, I believe. Turnbull: They haven't brought it up with us to date, but we will be happy to address it De Weerd: Okay. Thank you. Okay. Any other questions for staff or the applicant? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Mr. Turnbull, I'm not sure that you addressed this in your rebuttal. There was some discussion in one of the photographs we have here from one of the folks was really wanting a wall, not a solid fence anymore, and I know you originally said that, you know, there was a significant cost difference to have a solid wall there, but I don't remember -- could you address that again as to whether or not a wall is a feasible thing? I still think, I guess for me, that from a noise barrier perspective a wall is a barrier and a fence is not. It doesn't generally act as a good sound buffer between uses to have a wood solid fence, but I wanted to at least give you one more opportunity to comment about that if you wanted. Turnbull: Well, I guess that's going to be in the Council's discretion. I mean we had anticipated putting up additional landscaping, more than what would be required in a -- under the landscape ordinance. That was some of the discussion we had with the neighborhood group and, like I said, there was a split, some wanted a wall, some Meridian City Council June 15, 2004 Page 61 of 74 wanted -- liked the idea of additional landscaping, but, you know, I guess if a wall is required, then, we would have to cut back on the landscaping. Nary: Councilmember Wardle asked a question regarding that stub street and whether or not -- and I know you had already stated that not having that stub street wasn't really a concern to you, but also Mrs. Powell raised the possibility of a pedestrian path. Turnbull: Uh-huh. Nary: This being a mixed use and commercial site, a pedestrian path seems like at least a possibility, but did you have any comments or thoughts about that? Turnbull: I guess it would -- you would kind of have to go back and look at what you do with the existing improvement, because I'm sure there is sidewalk on both sides, curb, gutter, and, you know, 36 feet of paving coming out of that subdivision. We would be happy to, you know, bollard that off and create a ten foot pathway or something to connect to the end of that street if that's what the Council desires and ACHD would concur with that. Nary: Thank you. De Weerd: Thank you. Okay. Okay. Council, what is your preference here? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will just open up my comments for discussion, since we are in this discussion phase. First, I'd like to say that I congratulate the applicant for working with the neighbors. The neighbors came forward tonight with very specific comments on the project and very specific concerns and I can see that they have been working together to reach those and so those are really my main concerns on the project. I don't have the same concerns that Mr. Nary addressed as far as the mixed use and the appropriateness of this area. I do have a concern about the -- that stub street and I would like to see it turned into a pedestrian access. I believe the neighbors requested specific hours for operations for a reason and a representative of Lowe's has given the reasons that they need those hours and I can agree with that. Mr. Nary represented -- just a quick issue about the wall and, Mr. Turnbull, I don't know if you have seen it, but we were handed a petition -- a petition by the neighbors that would like to see a wall similar to the target project and I heard testimony from you that some of the neighbors were split and some of them were not, but before us tonight is a petition by a group of neighbors represented here this evening for a sound wall, so I understand that you had landscaping -- additional landscaping involved in that, but would like that issue addressed, I guess, from the Council level for discussion purposes. Bird: Madam Mayor? Meridian City Council June 15, 2004 Page 62 of 74 De Weerd: Mr. Bird. Bird: I have been sitting here pretty quiet. I'll give you my opinion now. I believe on the noise issue, I believe Lowe's is probably going to help the noise. I can't believe that going -- having Eagle Road ripping up and down with the semis and stuff they have isn't probably noisier than what Lowe's is going to be. And that stub road, I don't believe that we have the right to say whether that's a road or a pathway, because that is in Boise property and that's under their development agreement that they did when they put in that subdivision, which we had no control over of any of that subdivision. I have a feeling that subdivision is probably an R-15 at the -- if it's not. I think this is a worthwhile project for the City of Meridian. I understand the people's concerns, but I think that Lowe's is the type of company, as Mr. Beck stated, they do a pretty good job making a profit, so evidently they do do a pretty good job of getting customers out and taking care of customers and being good neighbors. I think the road is going to be a definite sound barrier, but I think with Lowe's and some retail pads and stuff in the front, the noise is going to be less than what they are hearing right now on Eagle Road. That's my comments. And I think it's a very good project. I think it's something that that corner needs. And one more comment. I don't want to dump residential. I think that Mr. Turnbull knows what residential dumped onto Eagle does for getting people hurt. We have quite a few wrecks along there when we are dumping residential on Eagle Road. De Weerd: Thank you, Mr. Bird. Mr. Rountree. Rountree: Madam Mayor, because of Mr. Turnbull's indication that the traffic issues and ITD's decision on this has been elevated to headquarters; I'm going to have to abstain from action on this item. De Weerd: Thank you, Mr. Rountree Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I think Mr. Nichols already stated to us. I guess I disagree with Councilman Bird. It doesn't matter whether or not that stub road is in Boise, whether or not we approve having this road into the City of Meridian is really our call. My concern is is because we aren't looking at a complete design, we are looking at a piece, that although that may be a pedestrian access, right now all it's going to be is an opening in a wall or a fence into a road with no -- with nothing, no path, no design as to how it relates to the rest of the property. I think -- I think that area is not appropriate for a roadway to enter into that back -age road. I think it is a good location to have -- because it's going to be a commercial site, to have a pedestrian access there, but without the whole plan or some general idea of what's going to be there or how it's going to be and this is really just an annexation and zoning request, I have some concerns about how we incorporate that into a development agreement. Again, I do have some concerns about the hours of Meridian City Council June 15, 2004 Page 63 of 74 operation. I don't think it's unreasonable for the neighbors to want some sanity in their lives. Our noise ordinance isn't going to address the concerns and the type of use this is. That wasn't what the noise ordinance was intended for is that type of use, so I do think it needs to be addressed in the development agreement, but I think it is our concern about it being a wall. I don't think that's an unreasonable request by the neighbors, but I would not be in favor of that stub street entering into that back -age road. I think it's too dangerous. I don't think it belongs there. It was, obviously, just there because they didn't know what was going to be there in the future. Now that we know, it doesn't fit anymore, so I guess I would only be in favor if it was a pathway. De Weerd: Okay. Mr. Wardle, did you want any further information? Had you asked a question in your statement? Wardle: Madam Mayor, I don't believe that I had asked a question in my statement. I addressed my concern to the wall and Mr. Turnbull specifically mentioned that were -- that was the discretion of the Council and were that to be implemented, that there would be some landscape offset and I think that was -- he answered my concern. De Weerd: Okay. Okay. Is there any further information needed or comments? Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And I don't know whether or not they can answer this on the spot, but I guess as part of the discussion is that roadway and I don't know if Chief Musser or Chief Bowers have any thoughts both from public safety access, as well as having a pathway behind -- somewhat behind a building is what it's at least looking like at the moment, on the safety aspect of that. And, again, I'm not trying to put you on the spot, Chief. I mean I don't know whether you have any comment or concerns about that type of thing. I don't want to -- I guess I don't want to have -- I have a real strong feeling about a pathway and you think from a safety standpoint that's not a good spot that -- Musser: Madam Mayor, Councilman Nary, Members of the Council, regards to that, the pathway, without seeing the additional lining up on it and the access in relation to a commercial site, especially a large one like Lowe's, it may present some problems in terms of a robbery or something like that that may occur and, then, somebody takes up on foot, but we are going to have some additional problems in that area trying to track anybody that's on foot. However, I think it presents some positive aspects to the -- to the subdivision itself there for access over into that area, so that they could shop and do some other things, so I think from that practical standpoint I think that outweighs the rarity of potential crime happening up there. We do have access to get in at other multiple points, which would work for the police department, but I can't speak for the large trucks that Chief Bowers has with the fire department. Meridian City Council June 15, 2004 Page 64 of 74 De Weerd: I guess if you're also encouraging a mixed use and you want office or -- and service type, you would want people to be able to access it. Kenny -- I'm sorry, Chief -- Bowers: Madam Mayor, City Council, it would not make a difference to us if it's opened or closed. We have got many accesses into that subdivision route. The only thing I could say possibly would be safety of the kids on bicycles and skateboards coming through there going to the parking lot and if cars are going back and forth quite rapidly there might be a concern there, but either way, closed or open to us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief Bowers, is that subdivision in your fire jurisdiction? Bowers: Madam Mayor, City Council, Councilman Bird, the subdivision to the east, is that what you're asking, that one there? No, that is not in our district. Bird: Okay. Bowers: To my knowledge. Turnbull: Madam Mayor? De Weerd: Yes, Mr. Turnbull. Turnbull: I gave that to Anna to put up, so you can see where the location of that stub road is in relation to the rest of the project. De Weerd: Thank you. Turnbull: And if it would help the Council, Lowe's is amenable to deliveries between the hours of 6:00 and 8:00. De Weerd: I thought I heard 6:00 and 7:00, but -- okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If we don't have anymore testimony or anymore questions, I would move that we close the Public Hearing on AZ 04-009 for Market Square. Wardle: Second. Meridian City Council June 15, 2004 Page 65 of 74 De Weerd: It's been moved and seconded to close the Public Hearing on Item 18. All those in favor say aye. Three ayes and one abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Okay. Council, any further discussion before a motion is made? Need any discussion on items that should be included in a motion, if you're looking at approval? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the median stub street, I didn't mean that I didn't -- one way or the other, I mean whatever is the best. I don't mind it being a pathway, I just don't feel that we -- and we just approved a subdivision on McMillan Road up there, just east of Locust Grove, that went into -- had a stub street coming in and we didn't -- we didn't hook up to that. That was actually done, so -- and what I was trying to get across is what legally we can do. I mean this is a subdivision from the City of Boise and what their requirements was I don't know. I mean I have no problem having it a pathway at all. I would prefer it not to be a stub street, for the simple reason that -- like Mr. Nary said, but I do want to clarify that. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle Wardle: To that extent I have a question for Mr. Nichols and that would be if we were to approve this project with the extent that we did not want access -- vehicular access to the stub street, other than emergency access, how would we -- how would we phrase the motion to seek a pedestrian pathway? Nichols: Madam Mayor, Members of the Council, just say that in your motion and, then, we will work on the language for the findings and development agreement. Probably be along the lines that I suggested to you before in terms of tying into ACHD's approval of that condition and working it that way. It takes some additional working on the language, but I think we can get there. And, of course, you have the chance to review the findings, the applicant gets to look at the findings before they are adopted, so if I have misconstrued the motion, you have the opportunity to pull it off and change it. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council June 15, 2004 Page 66 of 74 Wardle: That being said, I move that we approve AZ 04009, request for annexation and zoning for Market Square to include all staff, applicant, and public comment, to amend the agreement to include hours of certain operation from 6:00 a.m. to 8:00 p.m. for loading, unloading of truck traffic, et cetera, as stated in the Planning and Zoning Commission review and to remove vehicular access from the southern most stub street and to pursue the -- pursue a pedestrian access. Bird: I second that. De Weerd: It's been moved and seconded to approve Item 18 with the suggested changes. Discussion? Wardle: And Madam Mayor? De Weerd: Yes. Wardle: If I could amend my motion. I missed one condition of approval and that would be the addition of a sound wall on the eastern most portion of the property versus the current fence and landscape, if the second agrees. Bird: The second doesn't agree. The second doesn't agree. Nary: I'll second that motion. De Weerd: Okay. Well, then, we have a change in the second and you have added the sound wall; is that correct? Wardle: I have and, Mr. Nichols, do I need to remove my motion and reinstate that? Nichols: Please. Powell: Madam Mayor, before the maker of the motion removes it, can I ask for clarification in case he's going to make a new motion? Does this include the applicant's request regarding Item B-3.0-3, for the site plan review only and not for permitted uses, which are listed separately? That was a point that we brought up and also I was wondering if it included the request that -- or the offering made by the applicant regarding the Layton Lateral be tiled with 30 inch concrete pipe. There was also an offering to comply with ITD landscape requirements. De Weerd: And note of the public plaza. Powell: Pardon? Meridian City Council June 15, 2004 Page 67 of 74 De Weerd: Was the notation of the public plaza in the findings somewhere? I guess one more point of discussion. If you're putting in a sound wall, are you reducing the landscaping requirements that they have -- the additional landscaping they put in? Yes? Wardle: Yes, Madam Mayor, and I'll -- Bird: Do it in the motion. Wardle: -- clarify that. De Weerd: It has to be specified. Okay. So, you're going to try this again? Wardle: Madam Mayor, I would like to withdraw my earlier motion. De Weerd: Okay Wardle: And Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve AZ 04-009, request for annexation and zoning of Market Square, to include all staff, applicant, and public comments, to amend the Planning and Zoning Commission requirement of hours from -- to read 6:00 a.m. to 8:00 p.m. for certain activities, to remove vehicular access from the southern most stub street, to implement a pedestrian access, to include -- or, excuse me, to change the requirement from fencing to a sound wall and such -- change the landscaping to meet current city code requirements, to incorporate the applicant's comment to tile the Layton Lateral with concrete, the applicant's comments to adhere to ITD's landscape requirements and also the applicant's note of public plaza in the development to meet mixed use requirements and Item B-3.0-3, comment on site plan review for permitted uses only. Nary: Second. De Weerd: It's been moved and seconded to approve Item 18 with the changes as noted by Councilman Wardle. Is there any further discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In his motion he stated that from 6:00 to 8:00 for certain activities. What were the activities? Was that loading and unloading? Nary: It's already in the -- Meridian City Council June 15, 2004 Page 68 of 74 Bird: I beg your pardon? Nary: They are already in the recommendations as to what the activities are. Bird: That was 6:00 to 7:00. Nary: Right. It's just changing the time, but it already lists what activities are allowed. Bird: Okay. Wardle: Mr. Bird, my motion was to amend the hours in the Planning and Zoning Commission review. Bird: Okay. De Weerd: Okay. Any further questions? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Okay. Thank you, Mr. Berg. Turnbull: Madam Mayor? De Weerd: Yes, sir. Turnbull: I apologize, I didn't want to break in after the Public Hearing was closed, but we also had a request to allow staff to accept the construction drawings for this Lowe's project while the annexation is being finalized. Is that something that the Council would have objection to? De Weerd: Mr. Nichols, I guess we will start with you first. Nichols: Mr. Turnbull, in terms of accepting the construction drawings for review, you pay the permit fees and associated -- generally, though -- staff, help me out here, since I don't -- I'm not involved in the building side of things. Generally, you'd have to have the annexation ordinance finalized before you would accept the drawings for review; is that it? Powell: Yes. Nichols: And the reason for that would be -- Meridian City Council June 15, 2004 Page 69 of 74 Powell: They are not part of the city yet. I think that's why we have done it in the past. Because I haven't questioned this one, I hate say the -- because that's the way it's always been done, but that is the way it's always been done. Nichols: Madam Mayor, Members of the Council, I think probably the way to approach this, as long as the applicant is willing to sign a letter that he understands that we don't expect the train to go off the track, but if there is some problem associated with the annexation and zoning, challenge from the neighbors, whatever, that it could delay the project. Acceptance of the drawings alone does not mean that the city is somehow obligated to approve those. Turnbull: That's understood. Nichols: I figured it would, but I just wanted to get it on the record. Turnbull: Be happy to sign that. Nichols: Mr. Watson has something to say, Madam Mayor. De Weerd: Yes. Gary -- I mean -- I'm song. I have changed the title, but -- sorry. Watson: Madam Mayor, maybe between all of us here we could clarify that there wouldn't be a building permit issued, obviously, until this is formally annexed. Is that -- I just want to be very clear on this -- this part. Nichols: And, Madam Mayor, I believe that would satisfy the requirement. Turnbull: That's correct. Nichols: Mr. Turnbull just wants to get a jump on all of the reviews. Turnbull: Just trying to move along. De Weerd: Thank you. Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Nichols, does that -- do we need a motion to do that? No, we don't? Okay. Item 19: Water, Sewer and Trash Delinquencies: De Weerd: That's an internal process; it's not an ordinance. Okay. Okay. Item 19 is the delinquency turn-off list scheduled for June 16th, cycle one. This is to inform you in writing, if you so choose, that you have the right to a pre -termination hearing at 7:30 Meridian City Council June 15, 2004 Page 70 of 74 p.m., Tuesday, June 15th, 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 June 16th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. They are hereby informed that they may appeal 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 $24,237.70. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the cutoff list for June 16th, 2004, for a total of $24,237.70. Rountree: Second. De Weerd: It's been moved and seconded to approve the delinquency turnoff list. 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. Item 20: Tabled from June 8,2004: Ordinance No. Parks and Recreation Commission Ordinance: De Weerd: Okay. Item No. 20 is tabled from June 8th. It's the Parks and Recreation Commission ordinance. Dare I ask the city clerk to read it by title only? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Before we read that, what were we changing from last week, so we don't have to keep going through this. I just don't recall. Nichols: Madam Mayor, Members of the Council, I believe that the last change was to give a range of membership, minimum of five, maximum of nine, and I believe that was the last change. Nary: Me, too. That's not the one on here. De Weerd: And, then, there was something in -- Meridian City Council June 15, 2004 Page 71 of 74 Nary: That's not the one on here. That's why I'm asking. Rountree: There was another one. Nichols: Madam Mayor, Members of the Council, we sent over a revised one. Nary: Okay. Nichols: So, I apologize if it didn't get on. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I also believe that we were taking it back to the commission to have them check what they thought of the five to nine. I don't like the five to nine. You either have five or you have seven or you have nine. But that's just my opinion. And, then, they did not have a quorum -- they did not have a quorum to review this and I understood it was going back to them for review. De Weerd: Yes, Mr. Wardle. Wardle: Madam Mayor, to address Mr. Bird's comments, it was not my understanding that I was to take this back to the Planning and Zoning Commission for review. Bird: No, not Planning and Zoning Wardle: Or, I'm sorry, Parks and Recreation Commission for review. However, the changes as I understood them were to change the range of the commission from five to nine to allow us to create what could potentially be two youth positions and keep the seven current commissioners we have and on last Wednesday I attended the Parks and Recreation Commission meeting where they had three of the seven appointed commissioners show up without a quorum, so just for your information, but I didn't think I was taking it back for their comment. Bird: Okay. That's -- Wardle: I'm sorry. The other change I believe that was made was that the vote was to be half plus one of the appointed members of the commission, instead of the number. De Weerd: And there was just some clarity in -- Nary: Right. We added an and -- De Weerd: Yeah. Meridian City Council June 15, 2004 Page 72 of 74 Nary: But that isn't the one here, so I just wanted to make sure that that's the one we pass. De Weerd: Since Mr. Nichols says those changes were made, I'm sure they were. So, Council, are we ready to hear it by title only? Rountree: Yes De Weerd: Mr. Clerk, will you, please, read this ordinance by title only Berg: Thank you, Madam Mayor, Members of the Council. We are still calling this Ordinance 04-1081, an ordinance of the City of Meridian, Idaho, repealing Chapter 2, Title 2, and reenacting the Parks and Recreation Commission of the Meridian City Code, providing for conflict, validity, savings clause and providing for an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Please tell me you don't want it read in its entirety. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I certainly believe Mr. Nichols transmitted it, so I just -- we can pass this tonight, just so it's clear, the one we are passing -- the one that's on the table here has the range of members from five to nine and has the other language and I just want to make sure that's the one we publish. De Weerd: Thank you. Thank you for the clarification. And do I have motion? Nary: Madam Mayor, I would move that we approve Ordinance 04-1081, the Parks and Recreation Commission ordinance as amended. Wardle: Second. Bird: Suspension of rules. Nary: With suspension of rules. I'm sorry. Thank you. De Weerd: Okay. It's been moved and seconded to approve Item 20 with suspension of rules. 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. Meridian City Council June 15, 2004 Page 73 of 74 Item 21: Ordinance No. Ordinance: Fireworks Amended De Weerd: All ayes. And Doug will party. Item 21, 1 assume is 04-1082. Mr. Clerk, will you, please, read this ordinance by title only? And, Mr. Nichols, you can go home. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1082. An ordinance for the City of Meridian, Idaho, amending the following: The section of Chapter 4 of Title 5, Fireworks, Section 7-E to provide for inspections by the fire department, Section 15-P to provide for the Internal Fire Code, instead of the Uniform Fire Code, and to provide a new subscriber R, which will provide for a rental and/ or guardian liability sign in Section 16 to delete the limitation of damages for liability arising from the use of fireworks of the Meridian City Code, providing for conflict, validity, savings clause, and providing for an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, Council, do you have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the ordinance for the fireworks amended ordinance with suspension of rules. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 21. Is there further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session per Idaho State Code 67-2345(1)(b): De Weerd: Thank you. Item No. 22 is an Executive Session per State Code. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b). Meridian City Council June 15, 2004 Page 74 of 74 Rountree: Second. De Weerd: All those in favor say aye. All ayes -- I'm sorry. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Brad, I hate to put you on the spot, but would you like to join us? EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Wardle: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. De Weerd: Just for the record, let the record note that no decisions were made. I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TA E — \\"uuun,gg11 11 ATTEST: G PON F SEAL WILLIAM G. BERG, JR, ITY CLERK P` :„nS1YHlY D-1 , OLD / 04 DATE APPROVED