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HomeMy WebLinkAbout2004 07-06oox CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Bill Nary O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Shay Christensen 3. Community Invocation by Joe Anderson, with Cole Community Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: Approve A. Approve Minutes of June 1, 2004 Pre -Council Meeting: Approve B. Approve Minutes of June 8, 2004 Pre -Council Meeting: Approve C. Approve Minutes of June 15, 2004 Pre -Council Meeting: Approve D. Approve Minutes of June 15, 2004 City Council Regular Meeting: Approve E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C -G zone for Magic View Court by Larry Hellhake — 2855 Magic View Drive: Approve F. Findings of Fact and Conclusions of Law for Approval: 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: Approve Meridian City Council Agenda— July 6, 2004 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 898-4433 at least 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Approval: 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 Subdivision No. 4 by Sutherland Farm, Inc. — east of South Eagle Road and north of east Victory Road: Approve H. Findings of Fact and Conclusions of Law for Approval: 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: Approve Findings of Fact and Conclusions of Law for Approval: 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: Approve J. Findings of Fact and Conclusions of Law for Approval: 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: Approve K. Findings of Fact and Conclusions of Law for Approval: 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 corner of East Overland Road and South Eagle Road: Approve L. Findings of Fact and Conclusions of Law for Approval: 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: Approve M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Approve Meridian City Council Agenda— July 6, 2004 Page 2 of 6 All materials presented at public meetings shalt become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: Approve O. Leadership Scan Contract with AsolreOn: Approve P. License Agreement for Centennial Park Parking Maintenance: Approve Q. Approve Beer and Wine License for Andrades Restaurant — 2031 East Fairview Avenue: Approve R. Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC: Approve S. Water System Improvements — Linder Road (Overland and I- 84): Approve T. Approve Bills: Approve U. WWTP Recoating Clarifiers #1 and 2: Approve V. Emergency Response Plan (ERP) — Contract with HDR: Approve 6. Department Reports: A. Parks Department — Doug Strong 4 CF 19 1. Land Lease Agreement with Ken Hamilton: Prepare Lease Water Department — Rick Clinton 1. Cross Connection Control Program: Presented Police Department —Chief Musser 1. Lease Agreement with Probation and Parole for office space in the Police Department: Proceed on New Agreement 2. Discussion regarding Presented Public Works — Brad Watson "Jake Brake" Ordinance: Meridian City Council Agenda— July 6, 2004 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. North Sewer Study — Approve Agreement with JUB $8,000.00 7. (Items Moved from Consent Agenda) Nothing 8. FP 04-036 Request for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres in an R-8 zone for Cobblefield Crossing Subdivision No. 2 by Initial Point, LLC — east of North Linder Road and south of West McMillan Road: Approve 9. FP 04-037 Request for Final Plat approval of 51 residential building lots and 3 other lots on 47.67 acres in an R-4 zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC — west of North Linder and south of West Chinden Boulevard: Approve 10. FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC — south of West Ustick Road and west of North Black Cat Road: Table to July 20, 2004 Meeting 11. FP 04-039 Request for Final Plat approval of 51 single-family residential building lots and 6 common lots on 17.62 acres in a R-4 zone for Glacier Springs Subdivision by Tuscany Development, LLC - north of East Victory Road and east of South Meridian Road: Approve 12. FP 04-040 Request for. Final Plat approval for 5 building lots on 2.064 acres in a L -O zone for Buich Subdivision by Pinnacle -Engineers, Inc. — 2150 West Cherry Lane: Approve 13. Continued Public Hearing from June 1, 2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: Continue Public Hearing to August 24, 2004 Meeting 14. Continued Public Hearing from June 8, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Continued Public Hearing from June 8, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C -G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and Meridian City Council Agenda — July 6, 2004 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 88811433 at least 48 hours prior to the public meeting. South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Continued Public Hearing from June 8, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Continued Public Hearing from June 22, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. — south of West McMillan Road and east of North Linder Road: Continue to July 20, 2004 Meeting 18. Public Hearing: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew 19. Public Hearing: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew 20. Public Hearing: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew 21. Public Hearing: RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: PP 04-016 Request for Preliminary Plat approval for 46 building lots and 1 common lot on 10.69 acres in proposed R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for approval 23. Public Hearing: CUP 04-013 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot Meridian City Council Agenda — July 6, 2004 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. area, street side setbacks and minimum street frontage for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: VAR 04-004 Request to allow a reduction from the required 5 -foot interior side lot line setback to 4 -foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No. 5 by Capital Development /Capital Homes — 1127 W. Great Basin Drive: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 25. Water, Sewer, & Trash Delinquencies: Approve 26. Ordinance No. 04-1084 : AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Javdan Village Subdivision by Packard Estates, LLC — 5325 West Ustick Road: Approve 27. Ordinance No. 04-1085 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: Approve 28. Ordinance No. 04-1086 : AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L -O zones for proposed Southstone Subdivision by Pinnacle Engineers, Inc. — northeast corner of South Eagle Road and East Girdner Lane: Approve. 29. Ordinance No. 04-1087 : AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Approve 30. Executive Session per Idaho State Code 67-2345 (1)(f): No Decision Meridian City Council Agenda — July 6, 2004 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 6, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, July 6, 2004, by Council President Bill Nary. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, and Shaun Wardle. Members Absent: Charlie Rountree. Others Present: Bill Nichols, Will Berg, Brad Watson, Bill Musser, Kenny Bowers, Brad Hawkins -Clark, Doug Strong, Rick Clinton, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle O Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the City Council regular meeting to order. It is Tuesday, July 6. It's 7:00 p.m. and we will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Okay. The second item on our agenda is the pledge of allegiance and Shay Christensen will lead us in the pledge. Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Thank you, Shay. In fact, I have a pin for you. Thank you. Okay. Item No. 3 is the community invocation by Joe Anderson with Cole Community Church. Joe, if you will just join us at the podium there. Or you could even use the mike there if you would like. Your choice. Anderson: Let's pray. Psalms 19. The heavens declare the glory of God. The skies proclaim the work of his hands. Day after day they pour forth speech. Night after night they display knowledge. There is no speech or language where their voice is not heard. This night we lift you up to the highest place and proclaim you as Lord of all. May you show us your will for our lives, our families, our community, our City of Meridian, Idaho, the United States, and our world. Advance your kingdom here on earth, a kingdom of righteous living, love for our neighbors and integrity based on the truth of your word. We have many needs, Father, but none so great as the safety and care of our troops abroad. Protect these men and women who look evil in the face and persevere to fight for our justice and freedom. We pause for a moment of silence to lift up our soldiers Meridian City Council July 6, 2004 Page 2 of 62 and their families into your lands for care and protection. Lord, protect also our local fire, emergency, and police personnel who work hard to keep us, our families, and our property safe. I claim Psalms 91. Surely he will save you from the fowler's snare, from the deadly pestilence. He will cover you with his feathers and under his wings you will find refuge. His faithfulness will be your shield and rampart. You will not fear. Now, Father, I thank you for the leaders you have provided us here in Meridian, Mayor de Weerd, the Members of the City Council, the other city leads and staff and the many community leaders who help make our city a caring and prosperous place. Give our leaders a humble wisdom. Keep their hearts pure. Carry their many burdens as they lay them at your feet and continually teach them to serve us well as they lead. Bless these proceedings. May our words, thoughts, and hearts honor you. Psalm 27. Some trust in chariots and some in horses, but we trust in the name of the Lord, our God. Amen. Item 4: Adoption of the Agenda: De Weerd: Joe, I'd like to thank you as well with a pin. Thanks for joining us. Thank you all for joining us here tonight. I just got back into town, so I'm still trying to get back on my Mayor's hat. I have been in Holland and so it's great to be back. We will go onto Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a request for department -- under department reports, Item D, the city engineer Brad Watson would like to discuss the north sewer and we have been requested by CMD, Incorporated, to continue Item 17 until July 20th, 2004, which we can do at -- when that comes forward. And with that I would move that we approve the revised agenda. Nary: Second. De Weerd: It's been moved and seconded to approval the agenda. My goodness, when I leave town you sure make a long agenda. What went on? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 1, 2004 Pre -Council Meeting: B. Approve Minutes of June 8, 2004 Pre -Council Meeting: C. Approve Minutes of June 15, 2004 Pre -Council Meeting: Meridian City Council July 6, 2004 Page 3 of 62 D. Approve Minutes of June 15, 2004 City Council Regular Meeting: E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C -G zone for Magic View Court by Larry Hellhake — 2855 Magic View Drive: F. Findings of Fact and Conclusions of Law for Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: 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 Subdivision No. 4 by Sutherland Farm, Inc. — east of South Eagle Road and north of east Victory Road: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: 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: J. Findings of Fact and Conclusions of Law for Approval: 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: K. Findings of Fact and Conclusions of Law for Approval: 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- Meridian City Council July 6, 2004 Page 4 of 62 Mobile / Terry Cox — southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: 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: M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: N. Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: O. Leadership Scan Contract with AspireOn: P. License Agreement for Centennial Park Parking Maintenance: Q. Approve Beer and Wine License for Andrades Restaurant — 2031 East Fairview Avenue: R. Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC: S. Water System Improvements — Linder Road (Overland and I- 84): T. Approve Bills: U. WWTP Recoating Clarifiers #1 and 2: V. Emergency Response Plan (ERP) — Contract with HDR: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. Meridian City Council July 6, 2004 Page 5 of 62 De Weerd: It's been moved and seconded to approve the Consent Agenda. Any further discussion? Mr. Clerk, will you call role. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Parks Department — Doug Strong 1. Land Lease Agreement with Ken Hamilton: De Weerd: Thank you. Okay. Item 6, we will start with Department Reports, the Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. Before you tonight is an agreement with Meridian Speedway. Several weeks ago Councilman Bird brought to my attention that this particular lease agreement had expired and needed to be renewed, so that's why it's before you tonight. Since that time I have requested that our city attorney Mr. Nichols review the agreement to see if there is anything that we need to change and have just a few recommendations that I would like to make and, then, with your guidance proceed with renewing the lease and getting it underway. First recommendation would be to put the lease in more current format for agreements that we are currently using. The second one would be to add some language about who is responsible for any hazardous material spills or oil spills on the site. And, then, third, just keep the length of the lease to a five-year period, renewable -- or with payment annual for the lease and, essentially, keep it the same, unless there is other recommendations by the Council. De Weerd: Council, any questions or comments for Mr. Strong? Bird: I have none, except that it's not with the Meridian Speedway, the lease is with Kenny Hamilton Productions I believe it is. It's Kenny himself. Strong: That's correct. I stand corrected. De Weerd: Any other comments. Mr. Hamilton? Did you have anything you wanted to say? Hamilton: No. De Weerd: No? Okay. Thank you. Bird: Madam Mayor? Meridian City Council July 6, 2004 Page 6 of 62 De Weerd: Mr. Bird. Bird: With that, hearing no more discussion, I'd move that we draw up the lease and get it signed and for a five year period as per Director Strong's direction, I believe, and make sure that both parties are happy with it and get it signed and get it taken care of for five more years. Wardle: If that's a motion, Madam Mayor, I will second it. De Weerd: Okay. It sounded like a motion to me. Bird: That was a motion. De Weerd: Okay. Any discussion? Okay. It's been ordered to go ahead and move forward with the lease as presented. We can put it on the Consent Agenda next week and -- no? Nichols: Madam Mayor? De Weerd: Yes. Nichols: Madam Mayor, Members of the Council, the direction is to prepare a new document, rather than just to simply have a one page extension of the old one -- De Weerd: Okay. Nichols: -- which expired in 1999. 1 mean the tenant has paid the lease payments during that time, but we need to have an up-to-date agreement, so it will take a couple three weeks to get that ready to go. De Weerd: Okay. And have you been in discussion with Mr. Hamilton, Mr. Nichols or Mr. Strong, on what might be a little bit different in that agreement? To further clarify, was there not a couple of areas that needed further clarification? Strong: Madam Mayor, Members of the Council, I'm not aware of anything beyond what you see here and the addition per recommendation by Mr. Nichols to add some kind of language about who is responsible for any hazardous material clean up or oil spill clean up. De Weerd: I guess once it's prepared and ran by Mr. Hamilton, it can be put on our Consent Agenda to authorize my signature. Nichols: Yes. Strong: Thank you. Meridian City Council July 6, 2004 Page 7 of 62 De Weerd: Thank you. So, it will be two or three weeks. Okay. So, the motion is to have the attorney to draw up a land lease agreement and, Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Water Department — Rick Clinton 1. Cross Connection Control Program: De Weerd: Thank you. 6-B is a report from the water department on the cross - connection control program. Watson: Madam Mayor, if I could just briefly introduce this. Our water superintendent Rick Clinton is here tonight to go into a little more detail, but we asked that this be on the agenda immediately before the budget presentations next week, because we are proposing a rather significant change to the cross -connection control program and in order to not dwell on it next week, we could get some information to you early, so you could take a look at that and maybe not be shocked when you saw this rather large enhancement come through next week. So, with that I will just turn it over to Rick and let him give you a brief explanation and I'm sure he will be happy to answer questions. De Weerd: Well, thank you for clearing the way on that one. Clinton: Madam Mayor, Members of the Council, thank you for an opportunity to address this issue with you. I sent out a memo to -- through the city clerk's office regarding this last week, so, basically, what our intent is is that we would like to start testing the cross -connection back flow preventers to an out sourcing and actually assume that testing responsibility. Currently it's the customer's responsibility to test those back flow devices and we are not having real good luck with the process the way it's working right now and I do believe that if we can assume this testing responsibility, we are going to have a lot safer water system. I guess I'm mostly here just to answer questions if you have any. De Weerd: Okay. Council, do you have any questions for Mr. Clinton? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Yeah, I do. Seeings how I have been involved with this on my own place, which that's the only complaint I had is you get a letter one day and it's due -- in fact, when I got the letter I was supposed to have had the connection checked two or three weeks before. I don't know why -- I don't know why the city has to provide the money for the Meridian City Council July 6, 2004 Page 8 of 62 cross -- the back flow crosschecks. The owner should bear that, I believe. If it isn't done, it isn't done in a timely manner -- we need to give them time, we need to let them know ahead of time -- I mean I, you know, didn't realize that I had to have it done at a certain time this time of the year, but, you know, you can always shut off the water. You have got a very -- I mean that's what we do when they don't pay their water bill. So, I have a real problem with the city taking care of all the back flow checks. Clinton: Madam Mayor? De Weerd: Yes, Mr. Clinton. Clinton: Council Members. The view I have taken on this is that I think that right now we don't have a very high percentage -- as high a percentage of testing as I think we should have. We are certainly nowhere near a hundred percent and I guess my view on it is that this is probably similar to the need to test our water for bacteria or anything else. I think this is just a process of providing safe drinking water in my view and I think that we are going to enhance the safety of our water system if we can assume this, because the number of devices that we will have tested annually will be significantly higher than they currently are. The other concern that has been expressed in the past is that a lot of people just don't feel that it's their responsibility, so there is a lot of complaints that have been registered, so this was a method where we could perhaps reduce the customer complaints. De Weerd: Any other questions from Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: One of my questions is is this proposal for the city to take over testing of all of the irrigation back flow devices within the city? Is that what I'm hearing? Clinton: That is correct. Wardle: Both commercial and residential? Clinton: Commercial and residential. Wardle: And what are the current costs for having that test completed right now? Clinton: I don't know if I can answer that accurately where we don't pay the contractor to do those tests. I think it's somewhere around 50 dollars. Is that correct, Councilman Bird? De Weerd: No. Is it that much? Meridian City Council July 6, 2004 Page 9 of 62 Bird: It's 25 or 30 dollars. Clinton: Okay. Wardle: And a follow-up question. I read in the memo that part of the problem is that currently right now some of those devices are not installed; is that correct? Clinton: That is correct Wardle: And is this proposal also to install those in all the irrigation systems as well? Clinton: Yes. What we -- what we need to do first is identify through the surveying process where they are non-existent and, then, what we would propose in this is that the owner would be responsible for installing the device, we would, then, in a partnership with them, agree to maintain and test that device once they install it. They would retain ownership of it, but in order for us to get the protection that I think we need of the water system, it seems like this is the best approach to take to insure that we are not going to get irrigation water back into our municipal water system. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I think this is more of a question for Mr. Nichols, but I noted here in the memo from Rick it says provide authority for the city -- for the City of Meridian to perform tests, maintenance, and repairs on the back flow prevention devices. This includes right of entry to access devices on private property. I guess I'm not sure how we are going to pass an ordinance demanding we have access to people's property to test these devices, unless it is incumbent on the homeowner to do it. I don't know how -- we can't pass by ordinance an easement to their property. So, I'm not sure how we can accomplish this very effectively. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, we can certainly research the issue. It may be that by tying the right to receive water service to the right to go onto the property to inspect the back flow prevention device may be sufficient basis. It's not an easement as such, but a granting of a license, if you will, by the property owner that, okay, I'm going to not have to haul a hose around and in exchange for that I know I have to have this back flow device and I know also that someone's going to be coming onto the property to test it. Nary: Madam Mayor, just to follow up De Weerd: Uh-huh. Meridian City Council July 6, 2004 Page 10 of 62 Nary: And that makes sense to me. I think that sort of does fall into what I think you're asking for, Rick, is I think to do that it may make more sense that the property belongs to the city and that's our access to that. Having the water allows us to attach this device to that system to verify that there is no cross -connection occurring and we have to access it to maintain our equipment and tie that into the water fee, rather than into the property owner directly. I mean somehow into the fee, that's part of the fee process, would make some sense to me, because I think you have to tie all those together to actually have the ability to access the device itself. Clinton: Okay. De Weerd: Any other questions? Mr. Wardle. Wardle: Madam Mayor, just to follow up on a comment from Councilman Bird. I do think that it's important to protect our city's water supply, but at the immediate price tag of 200,000 dollars and I'm -- is that going to guarantee us -- it will guarantee us a higher level of security for our water system, but I don't think it solves all the problems that are potentially out there and I guess I'm just not -- I'm not so sure that this isn't the - something that the property owners need to take care of, because I know that not all not everyone in the city is utilizing the city water system for irrigation; is that correct? Clinton: That is correct. De Weerd: You know, Mr. Clinton, I guess I agree with what Mr. Wardle has just said. As an irrigation water user, you know, we pay an annual fee for the right to use that and as also a former user and, you know, I had my system tested every year, I paid for that testing fee, and that was just a fee that I paid for the right to use the city water. There is no doubt that this program is extremely important to our city water supply, but I don't know if it's really something that I could ask all of our water users to do to pay for those who use city water to water their yards and I know that those people do not have a choice. You know, if the choice was theirs they probably would use irrigation water, because at that time I would have preferred that, too. Certainly, it does save with your water bill, but -- Mr. Watson, it looks like you have a response. Watson: Madam Mayor and Council Members, when this idea very first came up, being one that does not have pressurized irrigation, I had exactly that opinion, that the people that had the back flow preventers should be the ones paying to test them. Since that time, the more I have thought about it and talked with Rick and his staff, they are protecting my water supply, too. If I know that more devices are being tested throughout the city, even though I'm paying for it a little bit, that's protecting me and all the other people that don't have pressurized irrigation. So, it's not a luxury in my mind that people have these back flow preventers. If I wanted one I could go out and put one in and pay for it and the people that do, some of them don't put these in and if they don't put them in and we don't find them, at least I know if the city is finding as many as they can that I'm more protected. So, I have gone both ways on this. I have been turned around by the arguments. Meridian City Council July 6, 2004 Page 11 of 62 De Weerd: So, we could probably persuade you either way? Watson: No, not anymore. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess my only comment, I guess, is, you know, we are all revealing our alliances here. I mean I just have city water, I don't have irrigation water, but what it sounded to me -- the purpose of this proposal is to protect the integrity of the city's drinking water, so, everyone who gets drinking water is protected by that. Not to make sure we either penalize or not penalize or check just the people of one -- or irrigation or not, it's to protect the integrity of the drinking water. So, the access to the water is by all the folks for drinking purposes and some use it for irrigation, some don't, but since the group is being protected from drinking, it makes more sense to me that if we are going to do it, that it's part of the fee that all of the users pay, because we are protecting all of their drinking water. De Weerd: Well, there is certainly a lot of steps between now and implementation. It doesn't hurt to bring this forward in the budget discussions and even as a budget line item that we would go through public -- public hearings and that sort of thing to see what the comments would be. As a recipient also of the phone calls from some of the people that Rick noted in his memo, you know, it's set on both sides and, certainly, I know when I started the program still I don't think today the other residents in our subdivision are doing it. It's the person who happened to buy my house has to, but -- so it would be something fair. I would ask -- I think that I had just stepped on the Council when we initiated this program and it was supposed to be implemented in stages over a period of time. I thought that by now all of those homes would have been brought into this program. What was the time frame for bringing them all up? Clinton: Madam Mayor? De Weerd: Yes. Clinton: If I could perhaps give a little bit of summary up to your question. Somewhere in about 1995 the City of Meridian took a pro -active approach to water conservation and started requiring pressurized irrigation systems to be installed in all subdivisions. We have very vastly increased the number of connections with every one of those PI systems that's installed. The other thing that the current ordinance provides for that we haven't aggressively enforced -- and I addressed this in my memo -- is the illegal dual connections that we get homeowners that go out, they have got PI in the backyard, perhaps it's on the back lot line of a subdivision that's -- that their subdivision didn't have PI, but this new subdivision does have, so they tap into that and the frequency of dual connections is substantially higher than it used to be. So, my concern is a lot higher Meridian City Council July 6, 2004 Page 12 of 62 and if we choose not to go with the proposal in this memo, then, I do think that we need to go out and actively pursue these -- the dual connections and that's not going to be popular. De Weerd: Okay. Well, any further questions or do you want to save it for the budget hearing? Okay. Well, thank you for the update and the heads up on what we will be seeing next week. Clinton: Thank you. De Weerd: I guess I would ask Council if you have anything specific, if you can either let Brad or Rick know, so we can come prepared with answers to any questions you might have between now and then. Okay. Thanks. C. Police Department — Chief Musser 1. Lease Agreement with Probation and Parole for office space in the Police Department: De Weerd: Okay. Item 6-C is the Police Department. Chief Musser Musser: Madam Mayor, Members of the Council, I had two items this evening. The first is to determine the Council's wishes in regards to our lease agreement with the Idaho Department of Corrections Probation and Parole. They currently lease a 300 -foot square office area within the police department and we have been doing that on an annual lease basis and they are requesting to be able to move the contract to a three year period for that lease and pay the -- continue paying the same fee. I'm not in any way, shape, or form against this; I think it betters our partnership in the long run. However, where it is a contract I did want to get the Council's approval on this, so that I could get with our city attorney, then, and get the appropriate paperwork done up, because we are ready to renew on this lease. De Weerd: Okay. Council, have you been able to review this? Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only thing I see in this is with the help of our nice Ada County commissioners, we need to add a tax to the lease agreement. If they are leasing part of the building, they should be responsible for part of the property tax. Musser: Okay. De Weerd: Thank you, Mr. Bird. Yes, Chief. Meridian City Council July 6, 2004 Page 13 of 62 Musser: Madam Mayor, Members of the Council, Councilman Bird in particular, would you want me to go ahead and get with finance, then, and see what that would be pro- rated out for that 300 square feet and have that put in our pro -rated basis? Bird: I believe we should. Musser: All right. I'll get that taken care of, then. De Weerd: Thank you, Chief. Any further discussion on this item? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just so -- just so that we are clear, I think if we have any other -- any other ones, if we want that as a policy, then, we make sure that we make that as a policy for any property that we lease that if it is taxed, so that way we are not -- I don't want the state to think we are picking on them. I don't disagree with you, Mr. Bird, but I want to make sure that we do that consistently with any property that we do pay taxes on. I don't think we have any others at the moment, but we may in the future as we lease space. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree, but I'll guarantee you that the lease we have got with the Hohns over there for the Planning and Zoning stuff includes -- we are paying the tax on that building and it's just a proper way about going with leasing and -- Nary: I would agree. I'm sure it's factored into the square footage amount and we have it in this one, since it predated that, so, you're right, I think we should. 2. Discussion regarding "Jake Brake" Ordinance: De Weerd: All right. And, hopefully, this will be over soon anyway, so that cost won't have to be passed on too much longer. Okay. Any further information needed from the chief or to provide to the chief? Okay, thanks Chief. The next is discussion regarding the Jake Brake ordinance. Musser: Madam Mayor, Members of the Council, I received a number of e-mails since I have been in as chief of police with some citizen concerns about having a Jake brake ordinance. The Jake brake commonly refers to an item known as an engine compression brake or an engine brake, it's done through the compression of the engine to help slow down commercial type trucks and it usually results in a fairly large or loud, I should say, noise that emits from these types of vehicles. One of the most recent ones Meridian City Council July 6, 2004 Page 14 of 62 that we have had was from a gentleman who lives off the Meridian-Kuna highway or Highway 69 south of Overland Road area. I guess what I'm looking for is a little direction at this point from the Council as to how they want to pursue this type of an instance, if we want to enact this type of an ordinance would require probably some specific posting in certain areas where they were prohibited and we need to come up with a way to word it properly. I have been doing some research on it and there is a number of different variations out there for the Jake brakes. The biggest thing I could see, though, is that there is a company called Jake's Engine who vehemently objects to having the sign posted that says no Jake brakes allowed, because that's a copyrighted name. However, if you want to go ahead and pursue this, I can go ahead and initiate looking at it now. Our current city ordinance doesn't really provide for it. There is some generalizations under Ordinance 6-3-6, Noise, be under Section 2 in the repetitive motor vehicle sounds, has to do with operation, but it almost implies that they have to be repetitive in nature and not what a Jake brake would incur, which would probably be an activation as they slow down coming into town from the 50 to 55 mile per hour area on Highway 69 into our 35 mile per hour zone. De Weerd: Chief, what specifically has been the complaint? Musser: The noise. It is a noise complaint that we are getting. They don't like the noise late at night as trucks come into town and that's usually what we are dealing with is late night deliveries or early morning deliveries on vehicles and they have to slow down in our city limits as they come in. De Weerd: And, basically, these complaints are around what areas of town? Musser: We have had them off of Linder Road, between Franklin and Pine. We have had them up in the north end of Meridian along Linder Road, Meridian Road, and the latest one we have had that I have an e-mail here on specifically refers to Highway 69 south of Overland. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Excuse my ignorance, chief, but I guess if the trucks weren't able to do this and we have -- I can see what you're talking about, the different areas where we have varying speeds, types of roads, you know, some -- like on Linder Road there is industrial park type of property off of Linder Road coming from Franklin where it's a lot higher speed roadway, but if they didn't have this, is there a much better alternative to that? Musser: Councilman Nary, frankly, in my research in looking at it, it seems to present a lot of problems. There is a number of different ordinances, I have read those, a number of them also involve matrixes, as this Council has already seen from Planning and Zoning, and you have to shift the ordinance in conjunction with your residential versus Meridian City Council July 6, 2004 Page 15 of 62 commercial zones and some of the areas we are talking about share both of those, we have commercial frontage with residential behind it, that's why I was asking for some direction from the Council and whether or not the Council at this time may perceive that we, in fact, do have a problem. I don't know if we really do. Nary: Madam Mayor? De Weerd: Uh-huh. Nary: I guess just a couple thoughts, chief. I guess to me right now without really knowing more, I understand there is probably some noise issues that people may have and they probably always are going to be, especially in commercial, industrial, residential areas where there is some overlap or mixture between them and I don't know that we can fix it with this and I don't know that we can afford a survey to really determine what areas we need to address that in. Highway 69, 1 don't know that we really can do a whole lot on that particular highway anyway on this and just as a personal aside, I mean when I -- when I drive around the state and you drive into various little towns that have those signs that say no -- Jake brakes prohibited or no Jake brakes allowed, I think it seems like a small little town that it shouldn't be that big a deal, it doesn't take that long for these types of things and in this l guess I don't know -- at least the area I live I have never noticed that type of behavior, but I don't know that we really have enough information, at least in my mind, to really direct to proceed with doing that and I don't know that we have the funding to really do a real comprehensive survey, because it does sound like it is partly a zoning type of issue and trying to put those types of uses together that may have those particular problems, so -- De Weerd: I guess it does raise to mind when you look at our mixed use and what kind of use and what kind of trucks would be involved when we do try and abut some of our mixed commercial or something next to residential, that you want to make sure that they would not have those kind of trucks in them and I don't know to what extent you get comments, chief, on this, if it's a severe issue or not. It would seem hard to enforce in particular on the state highway and so it would be helpful to know the number of complaints we get, where they are located, and if, you know, it's going to -- I don't know what we can do on a state highway. You cannot prohibit that size of truck on a state highway and in looking at our transportation and our business community, those forms of transportation are very important for them to do business, so I guess we do need to look at that as we move forward in our planning and mixing residential with our business, but I don't know if there is too much we can do at this point and what currently exists. But we could examine the complaints and where they are located and see if there is something that we can work with the business owners in that area if there seems to be a persistent issue. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council July 6, 2004 Page 16 of 62 Nary: It also might be practical to have that same discussion of some sort with the highway district on whether some signage or some other alternative than an ordinance. I mean governments are really good at making rules, but maybe it's more of an educational opportunity to, you know, advise, you know, that type of business that there are residential zones and to be aware of that and some way to encourage better behavior, because I agree with the Mayor, I don't know how you -- I don't know how we are effectively going to enforce that very well, because we are not going to be there, we are not going to see the truck, it's going to be -- you know, even the complainants aren't always going to see the vehicle itself, which is always a problem sometimes with noise complaints and maybe just putting up some more on the educational type of signage on the roadway to advise truckers when they are in a residential area might be better and might be more effective than just simply passing an ordinance and I think your officers have more than enough to do. Musser: Madam Mayor and Members of the Council and Councilman Nary, that's pretty much what I thought you were going to be telling me, based upon the research that I have done. However, since -- like 1 said, since I have been chief I have received a total of four complaints, one of which was from a subdivision group off of Linder Road and into that extent I don't know what the numbers were behind that, I was contacted by a gentleman that said he represented that subdivision, which would be the -- I'm not sure the name of it right off the top of my head, but it's just south of Pine on the east side of Linder right in there. Other than that, they have been fairly sporadic, however, because there has been a few of them, I wanted to bring this to the Council to see what their thoughts were on it. Typically, it is a noise complaint issue and there is an EPA federal guideline on it that requires that the engine brakes be no more than 83 decibels at 50 feet, which most of them can do. However, because trucks aren't maintained real well over the life of the vehicle, it does have a tendency to make them louder at times and you're absolutely right, enforcement would be tough, but my job is to let you know when the public does have some issues. De Weerd: Thank you, chief. Mr. Wardle. Wardle: Madam Mayor. And, chief, just a comment as far as -- or I guess a question for you. I didn't hear you say that we needed an ordinance in place to make it easier for your officers to enforce -- enforce some of these issues and so I guess in my mind it's certainly an issue worth looking at and it's certainly something that I think is important to address our community's noise ordinance, but I guess -- well, my opinion is that we need -- if we need something in place, it should be something that helps our officers enforce the laws that we have and so -- I guess that wasn't a question. Sorry, chief. D. North Sewer study. De Weerd: Well, thank you, chief. Is there anything further, Council? Okay. Thanks. Item D was added on the north -- all I heard was north sewer. Mr. Watson. Meridian City Council July 6, 2004 Page 17 of 62 Watson: Thank you, Madam Mayor, Council Members, for allowing me to squeeze this into the long agenda. However, this was something you asked me to bring back on the July 6 meeting and I didn't want you to think I forgot. De Weerd: That's true. This is north Meridian. Watson: Yes. I was supposed to bring back a proposal from JUB Engineers to do a regional sewer study on the area north of Chinden. De Weerd: Thank you. Watson: West of Linder Road, I believe. Anyway, they did -- I submitted that last week and I think it was supposed to be on the Pre -Council agenda and, then, the pre -Council agenda didn't come about, so it sort of fell between the cracks. Anyway, I have an agreement from JUB to do this sewer study, to model it, and to provide cost estimates. It's for a time -- it's on a time and materials basis, not to exceed 8,000 dollars, and they estimate about 60 days to complete that and if you would like to direct me to proceed and approve that contract, we will. De Weerd: Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: As I understood, the developers out there are going to pay this, aren't they? Or are we -- the study we are furnishing ourselves? Watson: Madam Mayor, Councilman Bird, I'm unclear on that. I remember there was a rather long discussion and we were directed to bring back that proposal for Council to review. I apologize that it didn't get into your packet. I intended for it to on pre -Council. Bird: That's fine, Brad, and I think you're a hundred percent right, but I was under the impression -- and I have a hard time spending Meridian tax dollars on non -impact area. That's not even our impact area where we are studying. De Weerd: Mr. Bird, I think the area that is being paid by the developer, they are hiring JUB, I believe, at their expense. This was an area in question that was part of a request by Eagle for their area of impact, the property owners came to us and said they felt that they would best be served by Meridian. Council asked for the -- Brad or for staff to come back to them with information on what it would cost for the city to determine could we sewer this area to bring it into our area of impact and at what cost to those property owners and in terms -- not the study, but in terms of if we were able to provide service to them, what would that service cost them. Meridian City Council July 6, 2004 Page 18 of 62 Bird: Well, I realize that and the one group on north Meridian, they are paying for it. The group you're talking about come in and asked if we would take them, because it seems like it would be faster for us to get them than Eagle or Star, whoever, and I think that it is -- and it isn't even in our impact area. That's the only thing I'm saying. I have no problem having a study, but I believe that those developers should do the same as the north Meridian developers. De Weerd: Well, Mr. Bird, the difference between these two -- and I'm not arguing either direction, but the other developers who currently have a proposed development, they are in another city's area of impact. This area that JUB studied would be for is for county property, it's not in anyone's area of impact, it is an area of question that is being proposed to be in someone's area of impact and that's what it's -- Bird: You're telling me right now that west of Linder and north of Chinden is in nobody's area of impact? De Weerd: That's correct. Bird: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. And that was the only -- that was the only question I had was that distinction, because I do recall that the folks north of Meridian -- or north of Chinden and North Meridian Road area were going to basically use our -- use our engineers and our models and that's all they wanted permission for. They were going to pay for that. The property owners I think are, as the Mayor said, of north Linder -- north of Linder, west of -- north of Chinden, west of Linder, were simply asking if we would consider including them in our area of impact, if we would basically participate in this discussion currently going on between Star and Eagle. So, I assume when we agreed to contemplate that thought, we were agreeing to at least figure out whether or not we could do it and that would be at our expense. They were simply asking us whether or not we'd do it. If we don't want to do it, then, we don't need to do the modeling for it at all. So, I don't have an objection to doing the modeling. I think that we had agreed to consider it and that's just part of the price of considering it. So, I don't have a particular concern going forward. De Weerd: Well, it certainly is part of -- if you want to include any additional area into your area of impact, you have to be able to provide for it and this would be one of the steps to determine if we could. Mr. Wardle. Wardle: Madam Mayor, as I recall the conversation, this is a group who did not have a proposed development that they came to the city asking for all of our services, to pay city taxes, to be included into our community, along with all of our planning and zoning Meridian City Council July 6, 2004 Page 19 of 62 processes as well, and so I recall much as Councilman Nary does, that we had agreed to at least look into it and I think part of the city's process to provide services, 8,000 dollars would be well spent to find out if we -- if we could and, if so, how long that would take. De Weerd: So, Council, do you wish staff to go ahead and draw something up to pursue this type of study or what's your wish? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: He's asking for basically to go ahead to enter into an agreement. I have no problem with it, I just -- I didn't know that was out in the black area, but I guess we will find out in the morning. I have no problem with having a study at all. In fact, I think it's a good deal to have a study; I just questioned who should pay for it. De Weerd: Okay. Well, I guess we need a motion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move to direct the city engineer to proceed with the study through JUB Engineers for modeling and the proposal for potentially asking to incorporate the area west of Linder and north of Chinden in the city's area of impact. Should -- Brad, do you want an amount like not to exceed 8,000 dollars as part of the motion? Watson: Council member Nary, yes. For time and materials not to exceed 8,000. Nary: For time and materials not to exceed 8,000 dollars. Wardle: Second. De Weerd: Okay. It's been moved and seconded to proceed with the north sewer study by JUB. Is there any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to include as part of the motion that it would be at the city's expense. De Weerd: Second agree? Wardle: Second agrees. Meridian City Council July 6, 2004 Page 20 of 62 De Weerd: Okay. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: (Items Moved from Consent Agenda) Item 8: FP 04-036 Request for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres in an R-8 zone for Cobblefield Crossing Subdivision No. 2 by Initial Point, LLC — east of North Linder Road and south of West McMillan Road: De Weerd: Item 8 is FP 04-036. We will start with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This is a final plat request for Cobblefield Crossing Subdivision No. 2. 1 believe there are really no outstanding issues on this final plat. The preliminary plat that was approved is vaguely displayed on the screen here. The one difference I would point out, there was a cul-de- sac -- here is McMillan Road on the north. Cobblefield Crossing One is on the south and, then, Linder Road is less than a quarter mile here to the west and it is the same developer, CMD, as Cobblefield Crossing No. 1. They were originally proposing a cul- de-sac at the north end, just south of McMillan, but as you can see here, the highway district and the city asked for a stub street to provide for some connectivity to the keep people off of McMillan. So, they did -- they did show that on their final plat. The open space and the amenities are kind of a combined area on the south end of the project with Cobblefield One. They do have open space here on the west. There is a pathway that runs along that boundary. So, I think staffs recommending approval of the final plat with our memo -- conditions in the memo dated for the hearing date July 6. De Weerd: Okay. Any questions for staff? Is the applicant in agreement with the findings? Brad, have you -- is the applicant here? Hawkins -Clark: It does not appear so. be Weerd: Did you hear any comments back from the applicant? Hawkins -Clark: I did not personally, no. Just checking. It looks like we did not receive any written response either. De Weerd: When was it sent to the applicant? Hawkins -Clark: It was sent the same time that it was sent to the clerk. It was July 2nd. De Weerd: Okay. Last Friday. Okay. Council, what would you like to do? Meridian City Council July 6, 2004 Page 21 of 62 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve FP 04-036 with staff comments. De Weerd: Do I have a second? Wardle: Second. De Weerd: Mr. Wardle. Thank you. It's been moved and seconded to approve FP 04- 036. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 04-037 Request for Final Plat approval of 51 residential building lots and 3 other lots on 47.67 acres in an R-4 zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC — west of North Linder and south of West Chinden Boulevard: De Weerd: Okay. Item No. 9 is FP 04-037. Staff comments. Hawkins -Clark: Thank you. This final plat does involve the future city park area that is located on the west side of this phase of Lochsa Falls No. 9. As was pointed out in the staff report, there was a little bit of a shifting around of the phasing that was shown on the preliminary plat. However, the planned development that was approved for Lochsa Falls did grant some flexibility to staff to be able to work with the applicant to move those phasing numbers around. The two special considerations that I just wanted to point out for Council are on page two of the staff report and the first one relates to the responsibility for the sidewalk improvements and landscape improvements on Ten Mile Road and Ten Mile is shown here on the very left side of the screen, as you well know, and, then, most of Lochsa Nine, the residential portion, is shown here. The park area is included as a lot in the subdivision. Typically, the way that these work is that it's the sub -divider's responsibility to make the improvements. However, in this case the Ten Mile Road improvements, about half would be on the future city park, so you have this little area here and, then, there is this existing residence that is -- would remain a residential lot in this phase and, then, south of that out -parcel is some more of the park frontage. So, there is kind of two different frontages and the question presented here in the staff report is the responsibility for constructing the sidewalk and landscaping there. We did talk with Mr. Brown, who is -- Kent Brown from Briggs, who is representing the applicant here tonight, and as was stated in Farwest's memo that we received tonight, they would prefer to see the city, obviously, make the improvements on our property. Some of this, of course, becomes a timing question of when the park becomes Meridian City Council July 6, 2004 Page 22 of 62 improved and it would make the most sense to make the sidewalk improvements at the same time as the park. So, that's probably I think where the applicant and staff have come to. It would, of course, leave this out -parcel that is not a part of the city ownership in question and that, maybe, would just have to be worked out in terms of a bonding or issue with the highway district to hold that money until all of Ten Mile can just be done at one time. So, that was the first one. Then, the second special consideration relates to a storm water detention pond. I guess it's easier to see on the preliminary plat. Up here in the northeast corner they are proposing a storm water detention pond, which would be on the city park lot, and probably very minimal maintenance. It's a shallow sloped storm water grassy area. I did ask Parks Director Strong tonight if he thought that that would be a concern from parks maintenance and he didn't feel it would be. So, we just wanted to make that clear whose responsibility it would be for the landscape maintenance on that pond. Obviously, drainage maintenance would remain a highway district and the homeowner's association responsibility. So, I think those are the two kind of outstanding issues. Page three, item number five, is the specific condition that relates to the detached sidewalk and the 25 foot street buffer, so that might need some clarification. As it reads now, the -- we are just asking for those to be shown on the revised landscape plan and state that the party responsible to construct them would be determined by City Council. So, that could probably be stricken and just insert there what your pleasure is. And, then, I do -- I did have one addition, if possible, on condition number eight on page four, certificate of owners on the signature page. At this point Justin and Tamara Martin are the current owners of that out parcel and they would have to be signators on the page on the final plat sheet four. It may change ownership. If that so happens, obviously, they wouldn't need to be added, but I would like to add that -- a condition that -- to add Justin and Tamara Martin as signators on sheet four, unless it changes in the future before signature. Are there any questions? De Weerd: Council? Bird: I have none. De Weerd: Okay. Please state your name and address. Brown: Kent Brown, 1800 West Overland in Boise, Idaho. De Weerd: Thank you Brown: We will start with the easiest one is Justin and Tammy Martin. They will need to sign the plat. We are intending on making that modification to be in compliance with code. We have to have all the owners and the one that was sent did not have them included and we are in the process of doing -- making a final mylar to start processing, getting signatures. De Weerd: Okay. Brown: So, they will be added Meridian City Council July 6, 2004 Page 23 of 62 De Weerd: Thank you. Brown: And it's not going to change. I thought it might, but I clarified that with them and they are going to -- basically, it comes down to whether -- timing for the sidewalk. As I was instructed by my clients, we are here to be approved tonight. If you decide, you know, they have got to put in the sidewalk, then, they will put in the sidewalk and, in my opinion, the parks department will come and tear it out and put entrances and, then, landscape accordingly. It's kind of a waste of money and from that standpoint that's kind of why they want to do it all at once. The highway district standard condition is that you put sidewalk within two feet inside the right of way and do that on your own dime or you trust fund and put that money aside. We would recommend we trust fund, work with the parks department to put that in, and, then, have them pay for the portions that they have. If you could go back to the preliminary plat, Brad. The upper portion is 200 - - or 183 feet north of the Martin's home and the southern portion is 194 feet. So, there is just under 400 feet of sidewalk that needs to be installed and working that with your landscaping, you know, if it's going to be meandering sidewalk on the park's property or is it going to be straight, if that becomes into your design, then, the part that's on the Martin's home would be appropriately adjusted to match and tie into that. That's at least the thought behind it. From a maintenance standpoint of the park, as he discussed the storm drainage pond that's in the northeast corner of the park site, there is a park -- or a storm drainage lot there. What he was just thinking is that it's kind of ridiculous to send out the homeowners association lawnmowers with one elevation of where the blades are at and, then, two days later the park guys are out mowing the part next door. On my easterly property line I don't have a fence for the front part of the yard and it's always kind of hard to know who is mowing which portion and where we are at and where the real line is and my wife keeps the lawnmower down low and they keep theirs up high and so it just looks different and he was thinking from looks, but if you want them to mow it, they'll mow it, and I'll stand for any questions. De Weerd: Council, any questions? No? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Kent, just a quick question as far as the drainage lot. That's going to go in before the park goes on, obviously, right? Brown: Correct. Wardle: So, it will have to be maintained. Brown: And we will maintain it up until there is a park in there. Wardle: Okay. Meridian City Council July 6, 2004 Page 24 of 62 Brown: We will install the hydro seed and the sand in the bottom and all of that as a requirement to get it approved and, then, we will maintain it until the parks guys are there and if it was four or five years or whatever it would be, we'd continue to do that. De Weerd: What is it to look like? Brown: It's just a kidney shape, three-foot, four -foot depression. De Weerd: So, it will be grassy? Brown: It will be grassy on the sides and sandy on the bottom as required by ACHD. It would be nice if you could help us work with ACHD to change some of those, but Gary's a hard nose. De Weerd: We can certainly tell you who you should talk to. Brawn: I always tease -- I always tease Art when he comes to the builder's association that we just want to do it like they do their facilities. We would be happy. Nary: Now you lost us supporting that change. Brown: That's right. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess I do -- I guess I do have a question. If I understand you correctly, Mr. Brown, you're saying it's fine -- it's fine for the homeowners association to maintain that drainage lot, it just doesn't make much practical sense once we are maintaining the rest of the park, because it's pretty small and it's not really that much to mow and it would just be easier -- Brown: Overall there is less than a half an acre. Nary: I guess I'd ask Mr. Strong if that's a big deal. Is that -- would that be a correct assessment on the park's department side as well, Mr. Strong, that maintaining that drainage lot wouldn't be that much of an encumbrance on the city folks or do you think it would be better for the Lochsa Falls people to maintain that one little piece by itself? I know we normally don't maintain other people's drainage, so -- Strong: The location of this particular area is adjacent to grass that we would be mowing anyway. I think the only issue that might arise would be whether we can -- if we are running over the ground with a large mower, whether we'd have to bring smaller mowers in to mow any slope and depending on the size that might be a consideration, Meridian City Council July 6, 2004 Page 25 of 62 but on the positive side of that, we are -- if we are already there mowing and maintaining grass, it's not like we are moving equipment to an area to maintain it, so it is easier for us to deal with. De Weerd: I guess if the design is conducive to being utilized by our larger machinery that would work. If it had to be hand done, I think it would be certainly an extra -- an extra task for our staff that would not be reasonable to ask of them. So, it would all depend on the design. Brown: What we have done with the design is tried to keep it as small as possible in that corner to be less of an impact on the overall area. Obviously, if you change the design you can shallow it up and -- I mean it would just be a depression with one low end and that's, obviously, you know, something that we could do. As you look at the design we have -- the storm drain sits right up here in this corner and, then, there is also another storm drain -- that's a storm drain lot right there. What we have tried to accomplish and provide the parks department -- there is over 600 -foot of frontage -- if I can get the -- there is 600 foot of single sided street, basically, that gives the park this great access to that street, versus, you know, flopping the pond and putting it along a part of that right of way. But, obviously, we could, up here in this corner, you know, extend it out a little bit. It would be a little bit larger, but it would be shallower and flatter and easier to be done that way. We would be happy to do that. Nary: Well, Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: So, we don't spend another hour talking about it, I guess, Mr. Brown, it's hard for me to look in a crystal ball very far and see whether or not mowing the grass five years from now in that spot is going to be practical or not. I mean wouldn't it simply make more sense, since Lochsa Falls knew when they brought this project forward they would have to maintain that, could we simply leave that as is and if I -- and I think whoever is sitting up here three, four, five years from now, and it is impractical, I'm sure they'll realize that and it will easier and there may be other considerations going on, then. But I just hate to lock in -- I hate to lock the city in now when we really don't know what it's going to be like and Lochsa Falls knew they'd have to maintain it anyway. So, I guess I'd rather just leave it as is and if that is a problem, the homeowners association could always come and ask the city to look at it again and if it is more practical, I'm sure they will. Is that going to be okay, if we let you trust fund for the sidewalks, you don't have to build them now? Brown: As I said previously, my client said it was here to be approved tonight and he was thinking that it was -- from an appearance standpoint that it would look better and we know -- we mow these facilities all the time, so that's not a problem. De Weerd: I guess you will be considering your design -- the easier it could flow, the more likely that could happen in the future. Meridian City Council July 6, 2004 Page 26 of 62 Brown: Okay. Great. De Weerd: Okay. Any further comments or questions? Bird: I have none. De Weerd: Thank you. Okay. Do I have a motion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I would move the approval of FP 04-037 for Lochsa Falls Subdivision No. 8, to include all staff and applicant comments and to clarify the two points as requested that the Lochsa Falls will maintain the drainage lot until a point in the future that they request some alternative change from the city and that the homeowner for the out parcel along Linder Road can trust fund for the sidewalk, so that it can be built in conformance with the remainder of the sidewalk that is going to be built by the city in the future and doesn't have to be built at the outset of the development. Is that the only two, Mr. Hawkins -Clark? Hawkins -Clark: Yes. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9 with the noted changes. Any further discussion? Mr. Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I think you all have a letter in front of you from Mr. Campbell for Cobblefield Subdivision. I'm sorry, I just read it as we were discussing this last item. It pertains to Item No. 8 -- Bird: That's No. 17. De Weerd: Is it? Bird: Yeah. Eight was different, Mayor. De Weerd: Okay. Bird: That's just for Item No. 17. Meridian City Council July 6, 2004 Page 27 of 62 Item 10: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC — south of West Ustick Road and west of North Black Cat Road: De Weerd: Okay. Thank you. Okay. Item 10 is FP 04-038. Staff comments. Hawkins -Clark: Madam Mayor, Members of the Council, staff did submit an e-mail request on this item to have it deferred until the applicant submits a license agreement with Nampa -Meridian Irrigation District for the encroachment on the Safford Lateral and Mr. Beacham, who is representing the applicant, was made aware of that last week and I don't see a written confirmation, but I know that he did verbally concur with that to Sonya Allen in our office. De Weerd: Okay. So, is there anything further on that? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move, then, that we postpone Item 10 until July 20th, 2004. Wardle: Second. De Weerd: Okay. Discussion, Mr. Nary. Nary: Madam Mayor, since this is a subdivision and we don't have to re -notice it and they said until further notice, I don't know if they will know a date. Bird: Don't we have to set -- we have to set it for a certain date. We can go back. I mean I can go farther than that if we -- De Weerd: Mr. Clerk? Berg: Madam Mayor, Members of the Council, we did set a date of when this was going to be heard for final plats, because that's when we send out for comments for the agencies and such to get back to us. So, I mean this date is what we have set before the public's eyes, so I -- there is no noticing or anything required that way, but it's kind of a continuous flow. I don't know if you're going to get it a date certain of when they are going to get an agreement with the irrigation district. Bird: Well, we can set it back. It don't matter. I just was -- Berg: You could set it in the future and if it doesn't happen or we can find out if there is some problems that they are running into, we can get back to them. Meridian City Council July 6, 2004 Page 28 of 62 De Weerd: Okay. Well, the motion is to set it for July 20th and if it's not ready at that time we will just continue it. Okay. Any further discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 04-039 Request for Final Plat approval of 51 single-family residential building lots and 6 common lots on 17.62 acres in a R-4 zone for Glacier Springs Subdivision by Tuscany Development, LLC - north of East Victory Road and east of South Meridian Road: De Weerd: Item 11 is FP 04-039. Brad. Hawkins -Clark: Thank you. This is Glacier Springs Subdivision final plat. The full subdivision is before you as a final plat without any phasing, so this is the full preliminary plat and is also the full final plat. In terms of location, Victory Road is on the south side of the proposed subdivision. They do have one point of entrance here on their west boundary with a main spine road and, then, they are connecting to Observation Point, which provided a stub here from the west. There is an Ada County subdivision, approximately five acre lots, that is here to the east and if the Council recalls, there was a condition placed during the preliminary plat on that east boundary with those five acre county lots that a two to three foot berm with a fence be placed along this boundary and staff has some question as to how that's going to work exactly. The way that the condition is worded now is just they are -- obviously; they are going to have to provide it. Ideally they would work with the property owners, so that some of the berm would be, actually, on the county lots and they could put the fence actually right on the property line. If the county property owners are not willing to have some of that berm on their property, then, obviously, the fence is going to have to be shifted over, so that they can fit the entire berm on the Glacier Springs property and I -- maybe Mr. Brown can clarify that, but right now that's -- the way that it's worded is just a five foot vinyl fence shall be installed on top of the two to three foot berm along the eastern boundary and we have asked them to include a cross-section of that for staff to review before it's constructed. Two other small items to point out on this final plat. One is at the northeast corner -- well, along the entire north boundary you have the Ten Mile Creek and there is a public pathway with a public easement along that. They also have open space with a small amount of drainage up here and they are proposing to enlarge this building lot by a couple of thousand feet, which would still provide the minimum five percent open space, and Mr. Brown has come with a revised plat that shows that. It does not change the number of build -able lots, it does not impact their pathway, nor their amenities, so we would not deem that at a staff level as a substantial change. I did want to make the Council aware of that. And, then, the last item was for -- on condition number four, if we could just strike that altogether, that -- regards the front setback and I think there was just some miscommunication there about whether or not a variance would be needed, but the 20 foot setback as required by code is still required, so that item could be stricken altogether. And I think that's all I had to point out on that one. Meridian City Council July 6, 2004 Page 29 of 62 De Weerd: Okay. Questions, Council? Okay. Mr. Brown. Brown: Kent Brown, 1800 West Overland in Boise, Idaho, representing Tuscany Development. We are in the process of trying to work with the neighbors to decide where that berm needs to go. The landscape architect at this time has just drawn the berm on our property approximately two and a half, three feet tall, and that would put that fence back inside that property line on our side of the property. We have a gravity irrigation line and a pressure irrigation line that runs in the back of those lots and, then, the fence would sit on the top of that. From my experience in working with other urban developments next to rural developments, there is another one on Overland, Pepper Hills, that went in when I was working for the city of Boise and, basically, the landowners -- the rural landowners could see the advantage of by putting that right on the property line and having that be there, because they would be trespassing if they went over and tried to water that side or weed that side of the -- on the back side of the fence. So, we are in hopes that our neighbors would be willing for us to do that. Our intent is to put in the berm that's required and put the fence in as we said we would do in the preliminary plat. We just need to work with our neighbors to make that happen. Lot 7 at the very north end of the development, my client approached me and said that there is a larger area in there and it would be nice to add a little more square footage to that and as in my letter, we are increasing it about 5,000 square feet from 8,880 -- I think I had a typo. I think I had 8,800, but it's 8,880, as was originally submitted, and we are increasing it to 14,000. So, there would just be a larger lot and it's sitting back on that greenbelt and where it's location he felt that that was a benefit. We still have six percent open space for the subdivision in those two lots, the one in the very back and the greenbelt, not counting the miscellaneous stuff that we are allowed to count along the street buffer. And stand for any questions. De. Weerd: Council, do you have any questions? Bird: I have none. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Tell me again so I don't have to look through here, Mr. Brown. So Lot 9 is how big now? I know it's six percent, but how big of pieces? Lot 9's the common area. Brown: Currently, without making this change, or after the change? Nary: Both. Brown: Okay. It just happens I can tell you. Currently, it is 29,606 and we are proposing to make it 24,379. Nary: Thank you. Meridian City Council July 6, 2004 Page 30 of 62 De Weerd: Okay. Council, anything further? Bird: I have nothing. De Weerd: Okay. Thank you, Mr. Brown. Okay. Council, any further questions, comments, information needed? I would entertain a motion. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I would move the approval of FP 04-039 for Glacier Springs Subdivision, to include all staff comments and applicant comments, including the change to increase in size of Lot 7. 1 think that was it. Hawkins -Clark: We did request elimination of condition four. Nary: Oh, I guess that was what I meant when I said included staff comments. Hawkins -Clark: Okay. Thank you. De Weerd: We like those specifics, though. Bird: I'll second it. De Weerd: Okay. And that was Lot 7, Block 3? Nary: Yes. De Weerd: Okay. Any further discussion? Okay. It's been moved and seconded to approve Item No. 11. Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: FP 04-040 Request for Final Plat approval for 5 building lots on 2.064 acres in a L -O zone for Buich Subdivision by Pinnacle -Engineers, Inc. — 2150 West Cherry Lane: De Weerd: Okay. Item 12 is FP 04-040. Staff. Hawkins -Clark: Thank you, Madam Mayor. The subdivision on this item is -- formerly came through as Cherry Lane Office Park. The preliminary plat was approved under that name. They have changed it to -- I haven't actually heard the pronunciation, but it's Meridian City Council July 6, 2004 Page 31 of 62 either Buich or Buich, but Cherry Lane has the entire frontage. It is -- there is an existing church on the site and the final plat is shown here. There are a number of easements because of the configuration of the lots that the applicant Pinnacle Engineers is in the process of working with our public works department on just to insure that they have adequate access to all of the meters, et cetera. But other than some of those issues to workout at the civil drawing stage, I believe that there were no other changes that staff had to the recommended conditions, so we do just recommend approval as the memo received by the clerk July 1 st was written. De Weerd: Okay. Thank you, Brad. Any questions by Council? Bird: I have none, Mayor. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes. Nary: I think Brad said this is the site that has the church on it, but this is the site across the street, isn't it? Bird: No. This is Cherry Lane Baptist Church's old location. Nary: Oh. Because the report says the north side of West Cherry Lane. Bird: It is on the north side. Nary: Oh, the Baptist Church. Bird: You're thinking of the Christian -- Nary: Right. I'm thinking of the other across the street. Okay. I'm sorry. My fault. You're good. De Weerd: Okay. And the applicant was in agreement? Okay. So, the applicant does not need to comment. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve FP 04-040, Buich Subdivision by Pinnacle Engineers and incorporate all staff comments. Wardle: Second. Meridian City Council July 6, 2004 Page 32 of 62 De Weerd: Okay. It's been moved and seconded to approve Item 12. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from June 1, 2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: De Weerd: Thank you. Okay. Item 13 is a continued Public Hearing from June 1st on the trunk line and water sewer assessment. Mr. Watson. Watson: Thank you, Madam Mayor, Council Members. As I stated in my memo to you dated 711, 1 visited with BCA Builders Council in June. I had previously met with the Developers Council and thought that that meeting had went relatively well. The meeting in June with the Builders Council, at least in my opinion, did not go nearly as well. They had some fairly significant and quite a few questions about my method of calculation and some of the background on what I was proposing as far as those fees. After talking with Gary Smith, I think if we proceeded to get a third party independent review of what I have done, I think that would go a long way towards answering their questions. The person that I had in mind -- and I don't have a proposal tonight, but I would -- or I will if Council allows me to. This person has been a sub consultant with Carollo Engineers over the years and has, actually, even done some local rate and fee studies, particularly in the city of Lewiston. He's out of Minnesota, so he has no opinion, no preconceived notion of anybody, any party in the Treasure Valley, I think, at this point, and he indicated that he could do what he called a desk top analysis, which would involve a couple days going through my figures and calculations by the end of July. So, there is two things here. I guess I would request that direction and, secondly, to continue this to August 24th to allow that to take place and to get back with the Builders Council. And I will answer any question if you would like. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, you say August 24th you'd like to continue it to that? Watson: Yeah. That's what I would hope, Councilman Bird, is August 24th. Bird: And I think your -- I think we are going about it the right way for that kind of -- bringing somebody in that has nothing to do in this area as far as this is concerned. I think it's a very very good idea. Meridian City Council July 6, 2004 Page 33 of 62 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary, Nary: Brad, not necessarily because I think the builders need to pick the consultant either, but I mean is this person going to be credible to them or are we going to be in the same boat. If they didn't think your numbers were credible, are they going to think this person's numbers are credible or are we going to have the same discussion with them in July? Watson: Councilman Nary, that's a very good question. I haven't posed that to the Builders Council. I guess I could do two things simultaneously. Get a proposal from Mr. Harder to do this study and, secondly, send his resume and what I intend to do to Jason -- Jason Ronk, he's the government affairs person at BCA, and coordinate with him, maybe get some buy -in from him. And, then, I'd probably bring an agreement back to you next week or two weeks from today. Nary: That would be great. Thank you. De Weerd: Any further comments? Council? Okay. Brad, do you need anything further? Watson: I will proceed and -- I will proceed with those two ideas that I just had, unless I'm directed otherwise. De Weerd: Okay. Thanks, Brad. Council, we need a motion to continue this. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we continue the Public Hearing on trunk line water and sewer assessment to August 24th. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Item 13 to August 24th. Is there any further discussion? Of course, that is 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Continued Public Hearing from June 8, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and South Meridian Kuna Highway: Meridian City Council July 6, 2004 Page 34 of 62 Item 15: Continued Public Hearing from June 8, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C -G zone for proposed Mussell Corner subdivision by Pinnacle Engineers, Inc. — northeast corner of East Victory Road and South Meridian Kuna Highway: Item 16: Continued Public Hearing from June 8, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: De Weerd: Item 14, 15, and 16. They are continued public hearings on AZ 03-038, PFP 03-007, and CUP 03-071. We are in the area of our public hearings and any of the Public Hearing Item 14 through Item 24, we do require by ordinance that all those wishing to testify are sworn in. Those that do wish to provide testimony on any of these items, if you will, please, raise your right hand. Our staff does not have to do it, although I would hope that you always tell the truth. 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.) De Weerd: Thank you. Okay. I will open these three public hearings, 14, 15, and, 16, with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. As Council directed a couple of weeks ago when this application -- or these three applications first came to you, at that point in time there were no specific conditions -- site specific conditions proposed, because the Planning and Zoning Commission had a recommendation of denial, so there was direction given to staff to work with the applicant on preparing those conditions and having the applicant submit a revised plan that reflected some of the discussion that you had at your July 8th meeting, I believe it was. That did happen. Mr. Craig Hood in our office and Dave McKinnon with Pinnacle Engineers -- I know I have had several discussions back and forth. We did also meet in our offices and went over some of the points that you had talked about. The memo that was submitted to you for tonight does include site-specific conditions for approval for all three applications, the annexation, the plat, and the planned development. It is a preliminary/final plat, since it is at this point in time only four lots. Since this item got quite a bit of discussion at the last hearing, I won't go over any summary of the location or the proposed uses. Suffice to say there is a feed store, along with the existing nursery use, and a coffee kiosk and fuel station, all the uses that are proposed mostly here down in the southwest corner of the site. Mr. Hood had a number of special Meridian City Council July 6, 2004 Page 35 of 62 considerations and I think on the -- on this first item, number 15, related to the -- well, actually, it would be 14 -- related to the annexation and zoning. There was one issue that was raised for the Council and that regards business hours, whether or not business hours should be specified with this application or not. At this point there are no hours listed. The way that that is worded, though, that the development agreement would discuss business hours, any that are approved by the Meridian City Council, if they are limited. Other than that, I think the annexation was clean as with the conditions that were submitted there starting on page ten. Here is the revised plan development site plan that we received. It's, actually, flipped in terms of orientation from what you just saw. North is to the left. Victory Road and Meridian Road, State Highway 69. And the discussion at Council last time regarding access to Highway 69 was a little unclear in terms of exactly what was desired, other than suffice it to say that at least one access that Council felt was appropriate and that is the way that the condition was worded now, is construct a maximum of one access if it's approved by ITD. The applicant is proposing one permanent access and, then, one temporary access until such time as they can internally construct a road that would be able to use it. There is an irrigation maintenance access here at the very north end of the site. That's one point of access. And, then, the other one is more centrally located here, which would serve as the main entrance for the new commercial operations. So, at this point it's construct a maximum of one access and, then, if ITD comes back later and says that they are denied those access points, then, obviously, there would have to be a note on the final plat clarifying that either the access is prohibited or it's restricted to one. So, that is the way that -- that it's worded and at least that Mr. Hood read the minutes and felt that the direction was given from Council. As far as the Victory Road frontage, their -- well, let me continue on that. Preliminary plat conditions on page 12, item number seven, discusses the pond, which is located here behind the residence and the office is located here, so just kind of north and east there is that pond that was discussed at the last hearing, which is proposed to be an amenity and in order to help preserve that as an amenity, staffs recommending it be placed in a common lot, rather than just retained on the nursery lot, so that the association -- the business association and those CC&Rs can address how that pond remains a feature of the site. So, we are recommending that that be placed into a common lot and, then, condition number eight on the Victory Road frontage, at this point, starting about the current entrance into this site, all of the landscaping -- virtually all of the landscaping would be located in the future right of way. Well, actually, existing right of way. The highway district does today own -- I believe it's 48 feet from center line and as proposed they would need to put all of their Victory Road landscaping in the right of way with a license agreement. There is a little bit of discrepancy between the landscape plan and the plat as to whether or not they have an additional five feet and I'd just ask the applicant to address that, to clarify that, but, obviously, the concern that you could have with that is that if the highway district says, no, we are not going to let you have trees in our right of way, then, you would -- you would have a stretch there where there would be no landscaping. It would just be grass without any trees. So, as worded they'd have to enter into a license agreement for the landscaping and, then, if it's not obtained, provide a 20 -foot wide landscape buffer beyond the existing right of way. Obviously, there are two buildings there that preclude expanding that too much, but that would have to be worked out. As you come further Meridian City Council July 6, 2004 Page 36 of 62 west on Victory, the landscaping is also shown in the right of way there. However, we believe that there will probably be a turn lane coming westbound on Victory Road at some point in the future that -- for the ITD access there and so we are recommending that that portion not be allowed to be into the license agreement, that that, actually, shift to the north. It would involve losing one parking space that they currently show on the site and may involve a shifting of some of these buildings a little bit to the north in order to get all of that landscaping outside of the right of way. So, we are recommending that that change happen, so that there is no risk of there being no landscaping there on the corner. Let's see. And, then, to clarify on page 18, on the access to Highway 69, that as written they do not restrict the driveway on Highway 69 to a right -in, right -out, nor does it specify the location. So, as currently worded, it would allow a full access there. And, then, the last item I was going to mention is on page 20, item number six, and this has to do with the conditional use planned development conditions and what we are recommending there is that prior to a certificate of zoning compliance for their new buildings out there, that they provide asphalt parking and drive aisles that are shown on the site plan and that as far as fire access in here, that they -- and that's one thing that we worked out, that there is a way for fire now to get through about in this location from Victory Road into the commercial -- the new commercial use areas and so they would basically just pop through the asphalt in that location, so they can circulate on the new -- on the new asphalt in that area. So, in other words, a lot of conditions and new information to kind of throw at you on this one, but I think that kind of clarifies where we are at. De Weerd: Okay. Council, any questions for staff at this time? Thank you. Dave? Please state your name and address. McKinnon: Dave McKinnon, 735 South Crosstimber, Meridian. De Weerd: Remember, you're under oath. McKinnon: I will. Oh, just one happy thought. I've got you all here. I've got your staff here and I've got Gary Inselman here from ACHD. I just want to let you know Silverstone Campus Subdivision recorded today, so it's all done, and there has been a lot of work by you guys, a lot of work by your staff, a lot of work by ACHD and it's not all that often I have a chance to have all three of you at once to publicly thank you for all your help on that and would like to thank you for that. There was a lot of help from everybody involved. De Weerd: Thank you, staff. McKinnon: On to Mussell Corner, the reason why I'm here tonight. Or the other reason I'm here tonight. Brad I think said it right when he said let's not rehash everything on this, but I would like to address the things that he just addressed and just to start off, I'll just follow him in order. He started off on page ten with bullet number two of item two, which were the hours of operation. This is a gas store on a state highway and a feed store. It's not surrounded by anything residential at this time. It's zoned C-2 on the Meddian City Council July 6, 2004 Page 37 of 62 Comp Plan. We'd ask for no hours of operation restriction on this. It will be a 24-hour gas station, that's typically what you see on a highway, and we'd ask for that to remain as a 24 hour operation. As far as access onto State Highway 69, 1 have talked with state -- with the highway district -- not highway district, but the Idaho Transportation Department, talked with District Three again, talked to them a little bit about the location of the accesses and said, look, you know, the City of Meridian has asked us to drop it to one, instead of the three that we have been deeded and if we go down to the one, is that going to be a problem to you guys, do you guys see that we might, you know, be able to work this out. District Three says, yeah, we could probably work something out and, then, they tempered by saying it's not our decision, it's the headquarter's decision on this. This is a state highway, so it is headquarters. The District Three is supportive of that. Onto the issue of Rumple Lane, I think Councilman Bird's former basketball teammate there. We would like to keep Rumple Lane open until the access is provided across this in the future and the reason for that is, as Brad pointed out, is that we have an access to an irrigation ditch back here and this is improved right now and through here is not improved, so we'd like to be able to keep that open until such time as this area redevelops. As this redevelops and the access can be provided off of this, we would close that down. We'd ask for that to be a modification on page eleven, item number three, as Brad pointed out. The common lot for the pond. By creating a common lot we create a fifth lot within the subdivision that would have no frontage. We feel it would better serve that lot if the pond were placed in an easement, rather than a common lot. The easement can be maintained by the homeowners association, so it would be an easement held in common by the subdivision in order to provide for that lot. That requires us to place a note and to place a little leader with an arrow pointing to where the easement would be, but we could show that that pond shall be retained and protected on site, rather than creating an additional lot, and requiring us to come back to you with a final plat, as this is a preliminary/final plat right now. Page 13, item number 11, a license agreement with landscaping in the right of way. This is an interesting thing and I'm really glad I had a chance to sit down with Brad and Craig and the architect to discuss this. Several years ago when ACHD was acquiring right of way for Victory, they felt that this would be a 96 -foot wide street section and this is -- so, this is a very wide road. Since that time, since they acquired the 48 feet from centerline of Victory Road, they have determined that, well, actually, they only need 70 feet for the road area, rather than 96 feet. So, we need instead of the 96 -foot road, they need a 70 -foot road with a 46 -foot street section. That's why ACHD is required to have a 23 -foot street section within 48 feet of right of way. That means there is a whole lot of extra right of way and that extra right of way can be landscaped. However, talking with Lori from ACHD, she said there is a possibility that ACHD would not allow any trees within their license agreement. She didn't say absolutely no, she said it's a possibility that we won't allow you to do that, because it is in ACHD's right of way, even though they are not planning on using it. She did point out, though, that the City of Meridian ordinance does not say that every -- that there needs to be a tree every 35 feet, there can be some clumping of trees and we had this discussion on the speaker phone with Brad and Craig when we had our meeting and that was an option that we could do. We have currently provided five feet -- if you can go to the landscape plan, Brad, it looked like it was a little confusing -- boy, that's really confusing. It's all -sideways. I wonder if I can try to point Meridian City Council July 6, 2004 Page 38 of 62 this out. These trees we have actually set back out of the right of way and there is about 15 feet of it that was grass and, then, the back five feet -- there is 20 feet of landscaping there. The back five feet would put the trees -- can't really make it out, but I promise that's what it is. You can open up your packets to see that. And we have tried to put those trees behind the ACHD right of way. There are several areas in front of the small building, the existing house, and that's just not going to be a possibility. The house is basically three feet from the edge of right of way from 90 -- or 96 -foot right of way. So, there is a few places we won't be able to put trees all over, but there can be some clumping that can be done and we have attempted to try to put the trees behind the 15 foot back outside of the right of way in what would be an area outside of the right of way to show trees and so we have tired to accommodate that. Brad, could you go back to the other picture? There. The five feet, like right here in front of the house, it's not going to be possible, but there is a small strip of land that's five feet wide beyond the right of way that we have actually shown those trees to be able to be located, so there is some area to place trees and we just ask that we be allowed to do that accordingly and work with ACHD on that. Again, we talked with Lori from ACHD, she didn't adamantly say no, but they haven't explored it yet, we just talked to ACHD on the phone together and she said that, yes, a license agreement would be a possibility for the landscaping and beyond the landscaping there is some room to place some trees, so I just wanted to point that out and I'm sorry the landscape plan isn't easier to read on this overhead tonight. I think that really covers what we wanted to get into. We have asked for the access to be at 440 feet and that's to accommodate the gas station and the feed store, rather than place it further down, we'd like to be able to have the access here. We feel this will probably be the highest and best use of this corner and we didn't want to put the access too far away that people don't want to utilize it to go back or to exit out of. Addressing the right -in, right -out issue, again, we are working with ITD to get this access and if ITD is of the opinion that this could be a universal access, we'd like to be able to work with them on that and if ITD is of the opinion that it can be a right -in, right - out only, we'd like to have that decision made by ITD as it is the access onto their state highway that runs through Meridian, which is your city. So, those are some things that we'd just like to ask at this time. I know Craig, the way he's written the staff report, he's not limited to right in, right out, but rather he's just brought it up for your discussion. And if you have any questions about that, I would be happy to address that. We do know in the future that Meridian Road is going to get busier and eventually there may be some medians placed within Meridian Road just as you're discussing with ITD about Eagle Road, State Street, State Highway 16 in the future, and that could be a possibility, but at this time we'd like it to remain a universal access, rather than a right in, right out. It's been a long road to get to this point. We are thankful for your work and Craig Hood's work. Craig has put a lot of time and effort into it, like 21 pages worth of report that he's added to, we appreciate his help and your staffs help and ask if you have any questions at this time and ask for your approval tonight. De Weerd: Council, any questions? Bird: I have none, Madam Mayor. Meridian City Council July 6, 2004 Page 39 of 62 De Weerd: Mr. Bird. Bird: I have none. De Weerd: Oh, I'm sorry. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. McKinnon, explain to me again what your reasoning is on why the fountain area should be in an easement rather than a common lot. McKinnon: Well, it's -- Nary: I guess because we are used to the common lot. That's just kind of the way we generally do that, so -- McKinnon: It's two things. We wouldn't have an objection to putting it in a common lot. The problem I think that Brad kind of alluded to, but I don't think he directly hit on it, is that the way the subdivision ordinance is currently written you can only do a preliminary/final plat if there is four lots or less within a subdivision and we have asked for this to be a preliminary/final plat. We have four lots right now. Adding this would be a fifth -- you know, if you guys say a fifth is okay for the preliminary/final plat, because it was in addition as a condition of approval, we can work with that and make it a common lot. But rather than forcing us back into another hearing, we could put it into an easement and I think that's the direction that I was going with that. We are not objecting -- we don't object to that comment, it's just it may be easier to handle that that way, than put it into a common lot. Nary: Thank you. McKinnon: Thank you. De Weerd: I guess the only question I had, Dave, is on your comments regarding page 11, item three, on the Rumple Road or whatever you termed it. Bird: Calling it a road you're being very gracious. McKinnon: Really gracious. De Weerd: I have been on it. As long as it was noted that it was temporary, I guess that seems very reasonable that that be open until that area is developed. Wardle: Madam Mayor? Meridian City Council July 6, 2004 Page 40 of 62 De Weerd: Yes, Mr. Wardle. Wardle: Just one more question of Dave about ITD's right of way on the corner and losing one parking spot, what are your comments on that? McKinnon: Well, I guess I probably should address that a little bit further. ITD has already acquired right of way there. They acquired it a couple of years back when State Highway 69 was widened. Brad, can you go back to the preliminary plat, see if that's any -- there you go. Wait. Back to that last one. You can at this point right here there is a shift in the road right here and it comes up and there is center line of the road, it jogs up and, then, comes over and, then, has this little spot. ITD acquired that in anticipation of having that lane widened for the traffic light and they already have some right of way acquired for that. In the future they may need to acquire additional right of way. Losing one parking space will not negatively affect the parking arrangement here. There is enough parking for that and that's whether or not ITD actually needs the additional right of way. The landscape plan that we prepared actually shows 20 feet of landscaping north of ITD's access -- or north of ITD's land that they have already acquired, so there already is adequate landscaping, but more is needed for ITD, more could be added without negatively impacting this project. De Weerd: Does that answer it? Wardle: Madam Mayor, I'm going to ask Brad if that answers his question. Hawkins -Clark: If I could ask Dave -- is the landscaping on the corner, the 20 foot along the full frontage that's required for Victory Road, if you -- at this point that the right of way jogs north, does the 20 -foot, then, jog also for the landscaping there or do you still have -- all of the landscaping would be located in this right of way that ITD took? McKinnon: If I could get the -- is it okay if I just confer with Brad real quick and show him on the landscape plan? It's a little easier one to read than the one that's on the overhead. De Weerd: Yes. McKinnon: Thanks. De Weerd: Dave, let's just recess this for five minutes. Okay. We will call this back to order at five after 9:00. (Recess.) De Weerd: Okay. I'll call the meeting back to order. And it looks like Dave isn't done. Bird: David took a break with us, instead of working. Meridian City Council July 6, 2004 Page 41 of 62 De Weerd: Dave, the break was ours, not yours. McKinnon: My apologies. De Weerd: Mr. McKinnon. McKinnon: I was going to look up and point something out. Brad and I just talked just briefly during your break and it looks like we may have to shift it just a tiny bit. We show 20 feet, but it may have to shift just a little bit. It may not require the removal of a parking space, but, like I said, if we do have to move it just a little bit, it won't negatively affect this project, the loss of one parking space. There is ample parking for this. We have actually got more than is required by Meridian City Code and so we are more than willing to work with staff on that and so we have no objections to having to do that if there is a need for that. De Weerd: Okay. Okay. Was there any further question or -- directed to the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I didn't ask Brad on that easement common lot issue, is that of any concern to you on the easement, rather than the common lot? I understand Mr. McKinnon's point, but I thought if you had an objection he would have an opportunity to respond. Hawkins -Clark: No. I do see his point. I mean the code doesn't say if you do a common lot you don't have to do a preliminary/final plat, I mean it just says that you can only do four lots, so I think technically he's right, it would probably kick them into, you know, another process. So, I think the main thing is that if it's going to be called an amenity of this project, that if employees want to be able to go on their lunch hour to -- you know, to sit around the pond or something like that, that they have the right to actually make it over to the pond without, you know, them being blocked from getting there and so if that happens through an easement or it happens through a common lot, I think the main thing is that that right is provided to all the users of this project to enjoy the benefit of that pond. So, I think it could -- I think that could occur through an easement, as long as it was written correctly. Nary: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 6, 2004 Page 42 of 62 Bird: Brad, that's something that we should put in the development agreement. I really agree with you on that. I hadn't thought that, but that is such a nice amenity that everybody in there should have a chance to use it. De Weerd: Okay. And our city attorney, I'm sure, can capture those feelings in the findings. Correct? Bird: He's writing it right now. De. Weerd: Okay. Anything further of the applicant? Bird: I have nothing, Madam Mayor. De Weerd: Okay. Thank you, Dave. McKinnon: Thank you. De Weerd: Is there anyone else wishing to provide testimony on this application? Okay. Well, we have -- any further comments from staff or Council at this point? Okay. I would entertain a motion to close the Public Hearing, if there is no further discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Public Hearing AZ 03-038, PFP 03-007, and CUP 03-071. Wardle: Second. De Weerd: It's been moved and seconded to close the continued public hearings for 14, 15, and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 03-038, the annexation and zoning of 21.38 acres from C-2 to C -G zones for the proposed Mussell Corner Subdivision and to incorporate all staff, public, and applicant testimony. Wardle: Second. Meridian City Council July 6, 2004 Page 43 of 62 De Weerd: Okay. It's been moved and seconded to approve Item 14. Is there any further clarification in regards to -- Bird: Madam Mayor? De Weerd: Yes. Bird: And also I believe in this one is where we probably should address the time of the deal. I -- and to be truthful with you, I don't have any good, clear thoughts on that. It's sitting on a very busy corner that I don't see where time restriction is a necessity myself, so I would just kind of -- if the rest of the Council and the Mayor agree, I would say that we just leave the time as normal for the zone that it is, you know. If we have to come back later and put a time limit on it, I guess we'd have to do that, but I don't see out there at that location, being busy like that, where it's going to be a hindrance of any kind. De Weerd: So, no time restrictions or -- Bird: No. No time restriction. De Weerd: Okay. Wardle: Second agrees. De Weerd: Okay. It's been moved and seconded to approve Item No. 14. Any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is this the portion that the development agreement is a part of, Mr. Bird? Bird: Yes. Nary: So, wouldn't this be the place where you'd want to put something regarding the easement lot regarding the fountain? Bird: Yeah. And I believe that was all stated -- Nary: Oh. Okay. Bird: -- in the staff -- that's what I mean by it, Councilman Nary. Nary: Okay. Great. Meridian City Council July 6, 2004 Page 44 of 62 Bird: We can certainly itemize it out, but -- Nary: No. That's fine. As long as that's what was intended. Bird: I think the -- he's got it down in here, so -- De Weerd: And that would also -- is this, Mr. Attorney, where you would also note the temporary nature of the far northern access? Okay. Okay. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PFP 03-007, the request for preliminary plat, final plat of four commercial building lots on 21.38 acres for Mussell Corner Subdivision and to incorporate all staff, public, and applicant testimony. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 15. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 16. Mr. Bird. Bird: Madam Mayor, I move that we approve CUP 03-071, Conditional Use Permit for Mussell Corner for a combination feed and gas -- feed store and a gas station, convenience store, and to incorporate all staff, public, applicant testimony. Wardle: Second. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Meridian City Council July 6, 2004 Page 45 of 62 Nichols: Brad, does there need to be a revised landscape plan to take into account that piece there on that corner? If I understood Mr. McKinnon's testimony correctly, then, the landscape plan for that portion would have to be revised. Hawkins -Clark: That's correct. Nichols: And would not also the -- well, at the same time they need to have some legal description for the pond area anyway, so they can do that as part of the -- Hawkins-Clark: Right. Nichols: That, as well as the AZ findings. Bird: As stated, that is added to the motion. De Weerd: And this can be passed -- okay. With the applicant's assurance that he will get to that us. Okay. We know where to find you. Okay. Is there any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Continued Public Hearing from June 22, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. — south of West McMillan Road and east of North Linder Road: De Weerd: Thank you. Item 17 has been requested to continue. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we continue MI 04-005 to July 20th, 2004. Wardle: Second. De Weerd: It's been moved and seconded to continue Item 17 to July 20th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew Meridian City Council July 6, 2004 Page 46 of 62 Item 19: Public Hearing: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew Item 20: Public Hearing: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent — 2190 and 2240 South Meridian Road: Applicant withdrew De Weerd: Items 18, 19, and 20, the applicant has withdrawn this application as noted in the agenda. I do imagine we do need a motion to accept that withdrawal. Council, do I have motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the applicant's withdrawal of Items 18, 19, and 20. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the withdrawal from the applicant on Items 18, 19, and 20. Do I need a roll call? Mr. Berg. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 21: Public Hearing: RZ 04-007 Request for a Rezone of 10.69 acres from R- 4 to R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Item 22: Public Hearing: PP 04-016 Request for Preliminary Plat approval for 46 building lots and 1 common lot on 10.69 acres in proposed R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Item 23: Public Hearing: CUP 04-013 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot area, street side setbacks and minimum street frontage for Tiburon Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile Road: Meridian City Council July 6, 2004 Page 47 of 62 De Weerd: Okay. Items 21, 22, and 23 are all on the same application. If Council doesn't object, I will open all three items on RZ 04-007, PP 04-016, and CUP 04-013. I'll open these items with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. The first application here for the rezone is -- let's see if I can -- the rezone is for the three parcels that -- today there are three parcels that are outlined there in bold. Ten Mile Road is the only public street access to this property. There are -- it's all currently zoned R-4, which is a zone that dates back several years. The properties currently have just two uses on them. On this northerly piece there is a residence and a garage and, then, there is a church that owns the southerly piece there. The request is to rezone from R-4 to R-8 for the majority of the property and, then, L -O -- there would be two lots that would be L- O. The two lots that would be L -O are the existing church and, then, one lot that is here fronting on Ten Mile Road. There is currently a garage on that lot that would be removed. The R-4 would be the existing residence that is here on the north property and, then, the R-8 would be all of the new residential. The Comprehensive Plan designates the area with mixed-use community, so it does encourage the mix of zones. Staff does find that those three different zones would comply with the mixed-use designation. As far as the preliminary plat, the applicants proposing to construct this new loop road that comes in off of Ten Mile. The road is proposed that a reduced street section around the loop. There are -- they would have no parking allowed as you come in off of Ten Mile. That would be a 29 -foot street section, but no parking on either side. And, then, as you come in about 300 feet or so, then, it would taper down to a 29 -foot -- or, I'm sorry, a 33 -foot street section, which allows parking on one side. So, all of the units that are proposed are detached. They are proposing smaller lots, townhouses that I think you have seen the developer Mr. Ron Sargent come through on several other projects over the last year, a similar product type that would really accommodate fine the reduced street section. The amenities for the planned development are located here in the center and they have some parking located there. There is a community building right in the center that would be a gathering place and, then, the rest of that shaded area, crosshatched area that you see there, is open green space. The access off of Ten Mile -- the church actually has two points currently and one of them is located here on the south side of the church and the other one is on the north side and the Planning and Zoning Commission recommends to you that the southerly one become just an emergency access only. The applicant Mr. Sargent has talked with Joe Silva at the Meridian fire department about that and they have agreed that a standard sort of three to four foot high gate for emergency would be appropriate there and that would basically encourage everybody to use the new public street system to come in here. If necessary, obviously, it would provide fire just one other way to get in on the south side of the church in order to come into the project. I think there is just one modification to the recommendation that we have for you and it's in the preliminary plat recommendation. On page three of the preliminary plat recommendation -- and it would be a new number ten and it pertains to these two lots that are down here in the southwest corner, these new townhouse lots. Right now they are shown to encroach actually all of the 30 foot Eight Mile easement, all of that 30 foot, including to the center line of the lateral is within these two build -able lots and so we just want to add a new Meridian City Council July 6, 2004 Page 48 of 62 condition that says they need to obtain an encroachment agreement from the irrigation district in order to do that and they would also need to work with staff on where the fence would be located in that location. The reasoning being that we don't want to allow those homeowners direct access to the Eight Mile Lateral, which is not piped. So, that would be a new item number ten. And the item number seven could actually be deleted, except for the last sentence and that regards the existing home and whether or not the garage is kept or is not kept and most of that condition is really not written as a condition, it's just background information and I think we just need the last sentence that says either the garage on Lot 1 be demolished or Lots 1 and 2 be combined into one lot or you could even just say the garage on Lot 1 shall demolished. The applicant is in agreement with that. The thinking there is not to create a new build -able lot that has just a garage as the only principle structure on it. I think those are the only two items for clarification. I think the planned development recommendation was clean and the rezone recommendation was clean. De Weerd: Brad, on your new number ten, was that discussed by the Planning and Zoning Commission? Hawkins -Clark: Madam Mayor, it was not. It was missed entirely. It's not an unusual situation, though. I think it just was an oversight. Didn't see that those two lots encroached all the way to the center of the Eight Mile Lateral. De Weerd: Okay. Any questions by Council? Okay. Is the applicant here? If you will, please, state your name and address. Sargent: Ron Sargent, 4915 West Camas in Boise and I guess I'd just like to say we are in agreement with the staff report and recommendations. I guess I'm just here just for a quick clarification. Is that -- Brad mentioned that this section of the road was going to be a 29 foot section and because it's going to be -- we are requesting L -O on either side, it, actually, has to be a 40 foot street section with a 54 foot wide right of way, so that it will be a standard local commercial I think is the qualification of that. And, then, also you mentioned that there was going to be two -- a request for two L -O lots. There is actually three. There is this one up here that he has mentioned and the church is going to retain actually what is going to be two lots. There is a lot here and, then, there is a flag lot that runs here that covers this area in here. So, the request for L -O is, actually, for three lots in that case and the existing owner are going to retain those lots, so that's just those two clarifications I wanted to make. De Weerd: Okay. Sargent: So, do you have any questions? De Weerd: Questions from Council? Nary: Madam Mayor? Meridian City Council July 6, 2004 Page 49 of 62 De Weerd: Mr. Nary. Nary: So, Mr. Sargent, at this particular point is that triangular piece -- is there any particular development? Isn't it just grass right now? Sargent: It's kind of a field. Weeds. And we have agreed to -- Nary: I was trying to be nice. I didn't want to say weeds, but -- Sargent: Yeah. Nary: Is there any attempt to do much at this juncture or no? Sargent: What we have agreed with the church is that we are going to sod this or hydroseed it and put sprinklers on it to create a yard area, grass area. Nary: And that green space for the development in the rear, what is that in the center? Is that like a common -- like a gazebo or -- Sargent: Yeah. It's a building, but are going to have a restroom in there and, then, it would be a place for the homeowners to gather -- a small meeting room, basically, is what it amounts to. And, then, we are also going to plan to put a large patio area on the north side and use it for a barbecue area, gathering point. Nary: And, then, what are those two things coming out from that center building there? Sargent: Those -- parking. Nary: Parking, Okay. Sargent: Yeah. Nary: Thank you. Sargent: Okay. De Weerd: Any further questions? Okay. Thank you. Okay. Is there any further testimony on this item? Okay. Council, hearing none, would you like to close the Public Hearing? Ask any further questions of staff? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further discussion, I move that we close the Public Hearing on Items 21, 22, and 23. Meridian City Council July 6, 2004 Page 50 of 62 Bird: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 21 through 23. Any -- I'm sorry. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 21, RZ 04-007, rezone for Tiburon Meadows Subdivision, to include all applicant and staff comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 21. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 22. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move that we approve Item No. 22, PP 04-016, preliminary plat for Tiburon Meadows Subdivision to include all staff and applicant comments, to change item number seven to state that the garage in Lot 1 will be demolished and to add a new number ten, stating that encroachment agreement from the irrigation district will be obtained and to allow for final staff approval of fencing. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 22 with the additions to a new item ten and a change to item seven. Any further discussion? Clarification? Wardle: And a clarification of -- Bird: Two L -O lots instead of one, as stated. Hawkins -Clark: Three. Bird: Three I mean. I'm sorry. Meridian City Council July 6, 2004 Page 51 of 62 Wardle: Three L -O lots. De Weerd: Okay. Second agrees? Nary: Agree. De Weerd: Okay. Any further changes? Okay. Mr. Clark. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 23. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve CUP 04-013, Conditional Use Permit for a planned development for Tiburon Meadows Subdivision and to include all staff and applicant comments. Nary: Second. De Weerd: It's been moved and seconded to approve Item 23. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 24: Public Hearing: VAR 04-004 Request to allow a reduction from the required 5 -foot interior side lot line setback to 4 -foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No. 5 by Capital Development /Capital Homes — 1127 W. Great Basin Drive: De Weerd: Thank you. Item 24 is a Public Hearing on VAR 04-004. I'll open the Public Hearing with staff comments. Hawkins -Clark: Thank you. The applicant is requesting a variance from 11-9-1 of the Meridian City Code, which sets yard setbacks and in this case we are talking about a reduction to a side -building setback. The subject lot is within Baldwin Park Subdivision No. 5. It's located right here. The main entrance off Linder Road to Baldwin is here, so -- and it's near -- it, actually, abuts the common area lot in the center at the terminus of that entry road. The applicant is seeking the request because of the footings for this Meridian City Council July 6, 2004 Page 52 of 62 building lot had already been -- are already in, they are stating that to move or rebuild the home would be difficult and that as it was planned and as built site plans show that the structure could have met all the required setbacks if it was in the proper location. They cannot do any lot line adjustments, because the property adjacent, as this shows -- well, I guess this doesn't show the property adjacent, but the property adjacent has the minimum five-foot yard setback, so they cannot shift that property. And, again, we are talking about this corner of the house right here, which is four feet two inches from the property line. So, they are ten inches into the side yard setback. There have been a few instances like this in the past where the city has received a request for variances. The main consideration I think here is what are the required findings that the code says you have to meet in order to grant a variance. There are five of them that you need to consider, everything from a hardship to would it cause any public health welfare concerns if it was granted, et cetera, things like that. In this case certainly I don't think anybody's arguing that it wasn't a mistake. The application pretty clearly states that it was and since they don't seem to have any other remedies, other than ripping up the foundation and moving it back, they are coming to you to seek a variance on this matter. So, you did receive a three-page memo from Craig Hood in our office that basically outlines what the findings are, states that there is now extra property, but since we are unable to make all of the required findings, we are recommending denial. And that's, I think, all I have from staff. De Weerd: Thank you, Brad. Any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant -- and I don't believe I saw you when I swore everyone in, so 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? Yorgason: Yes. De Weerd: Thank you. Please state your name and address. Yorgason: John Yorgason, 6200 North Meeker Place in Boise. De Weerd: Okay. Yorgason: As Brad mentioned, Madam Mayor and Council, most of his comments I will have to agree with as he stated, although a point of clarification. The home actually is complete at this time. At the time -- maybe give you a little brief history of the course of happened. Back in early March is when we started the home and we followed the process of submitting the plan as he had indicated. The plat that we had applied for was approved and, actually, the home would have fit. The lot lines, actually, are not parallel on the side and that really indicates as to why we had this problem. The contractor that we have, he's here with me today, did set the foundation according to the property line you see there on the right-hand side and the intent was, actually, to have Meridian City Council July 6, 2004 Page 53 of 62 the home set in orientation towards property line on the left. That simple mistake was just enough to cause this issue. We did follow the process of having the inspector come out and we received an approval to continue. At that point, through the course of construction, there is -- the building of the home and property lines aren't looked at until the landscaper showed up and he string lines to set his sprinkler lines, about the same time the builder next door had started his home also and, of course, as indicated by staff, they are right on the five foot property line also. So, we had looked into that option and discussed with Craig doing a lot line adjustment, but there really isn't any room because of the home next door. We have talked with, of course, that builder and we have talked with a property owner across the street and neither of them have indicated any concerns as indicated in the staff report. We noticed that it looks like no complaints have been received by the city. One of the things, I guess, we are taking from this is that I will be on my job sites to inspect the footings and my contractor, we had a discussion this morning, he actually will, even after inspection, re -verify all of his footings just to make sure that things are proper before we actually place the concrete. This wasn't intentional and it was just a simple mistake and we are just asking for an approval to help remedy the situation and to help reduce any impact that might have, as staff indicated. The only thing I could tell from Craig's report is that we didn't meet the requirement of geographical or physical reason for a variance, but he did indicate in that same paragraph -- I believe he says here that it would inhibit the construction of the home to have to remove or reconstruct the home and so we are asking for your approval. I will stand for any questions. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a couple, seeing how the other house is built up to their five foot. I believe by -- I see from our deputy chief in the fire department that he don't address this, but I believe we have a law that you got to be five feet from your property line and, if not, you have got to do some certain areas with -- like your windows -- you got any windows on that side? Yorgason: We have one window that actually is -- as you can see on the floor plan of the home they are about halfway back on the left-hand side there is a bathroom and there is a small four foot wide by one foot window. Bird: We have -- I have ran into this -- not in Meridian very much. I have in Boise a lot and they have always had to put what is called a fire resistant glass, like wire glass in part of your deal. I have got a question for the chief on the fire. Maybe Meridian don't require this. That's the only problem I see is when you get so close that the five foot is for fire prevention more than anything else and I don't know if we have got that in our code or not. We should have. We got the International Code. Meridian City Council July 6, 2004 Page 54 of 62 De Weerd: Kenny? Bowers: Madam Mayor, City Council, Councilman Bird, I -- honestly, I don't know what the new code says. I don't know if the International Code is any different from the Uniform Fire Code on that five foot, but I would think that just off the top of my head that they would be the same, that there would have to be five feet. De Weerd: Now, do I understand that that only touches in one spot? Yorgason: Yeah. The home actually -- this dimension we put on here is about 52 feet. That is approximately where the home begins to encroach. The front corner, actually, we are approximately about five foot ten inches and back here we are encroaching that ten inches. We had talked with -- if I may address the comment or the question by Councilman Bird. We talked with Daunt Whitman, the building official, and he had indicated to us that there were no building code concerns that he knew of for the home being as it is. De Weerd: But would that necessarily, Chief Bowers, include any fire -- any specialized fire requirements? Would the building official be able to respond to that? Bowers: Madam Mayor and City Council Members, I can only think of one place we did this in the past and it was a two-story apartment deal right over here somewhere. I'm not sure that we have ever done it in any other residential home or anything. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to point out I believe it is Daunt Whitman's comments from the building department that the building code would not require any change to the type of construction. If it was less than three feet it would, then, need to be fire resistive construction, are his comments dated June 15, 2004. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I had a couple of comments. One was, Brad, I don't know if you were the planner on that, but we had a request for a variance and I can't recall of the encroachment was actually over the property line and they built the house on it anyway or whether or not it was just into the setback and that was probably about a year ago and I don't recall if you were the planner on that or if you recall that circumstance and whether it was similar to this or not. Because, again, I don't recall if it was over the property line. I think that's what it was, but I don't remember. Hawkins -Clark: Bear Creek that we are recollecting. There was one in Bear Creek Nary: I think Mr. Nichols -- Meridian City Council July 6, 2004 Page 55 of 62 Nichols: Madam Mayor, Members of the Council, there was a -- I think it was in Packard Estates and the problem there was it was a ten foot side yard setback and there was a bump out on the second story, which encroached into that ten foot side yard setback. This was before you changed the ordinance to reduce the side yard setback minimums to five feet and in that particular one there were too many variables and complications in terms of he had agreed to do a boundary line adjustment with the neighbor, but didn't get anything in writing, didn't get it recorded -- I mean it was just a -- we had all kinds of issues there. Nary: The circumstance was a little different than this. I guess that was my concern is that we had -- I didn't want to do something differently than we had already established previously, but it appears to be the circumstances here are different enough if we were to do that. Nichols: Madam Mayor, Council Members, in that one the builder added the bump out on the second story after the plans were approved and, as I understand the testimony, the building inspector gave the go ahead to this building and so the framing was approved, different things were approved, and it was the applicant who discovered the discrepancy with the distance and brought it forward to the city. Nary: At the point when the discrepancy was discovered what was the stage of the house at that point? Yorgason: Madam Mayor and Mr. Nary, the home was -- about that time had carpet inside, so, essentially, it was nearly complete. Nary: Okay. So, I -- because I notice in the report it said it was a matter of, essentially, tearing out the footings, but at that point it really wasn't just a matter of tearing out the footings, it was tearing apart the house. Yorgason: Correct. Nary: Okay. All right. Thank you. De Weerd: Thank you. Any further questions? Thank you. Is there anyone else who would like to provide testimony? Okay. Council, any further questions or comments? Hawkins -Clark: Madam Mayor? De Weerd: Yes. Hawkins -Clark: If I could just point out, we did also, besides the comment on the building official that was received into the record, there was a written memo from Deputy Chief Silva that the third item, basically, says to comply with the International Building Code and so I just wanted to point out that we did receive that in the record and Meridian City Council July 6, 2004 Page 56 of 62 he's agreeing with the building official that IBC should be followed. So, really, you have a difference here between what the zoning ordinance setbacks are and what IBC says. De Weerd: Thank you. Okay. If there is nothing further, I would entertain a motion to close this Public Hearing. Bird: So moved. Wardle: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any further information needed or discussion? Hearing none, is there a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I said this before. I know this has happened, this does happen, it's easy to happen. It isn't the first one -- the first time that it's been done and I'll guarantee you it won't be the last. Saying that, I would move that we approve the variance 04-004 for Baldwin Park Subdivision, Lot 6, Block 11. Wardle: Second. De Weerd: Okay. It's been moved and seconded and probably should be clarified that even though it's probably been done before and it probably will happen again, we are not encouraging it. Bird: We are not encouraging it. Nary: Please don't do it again. Bird: Not in Baldwin Park at least. De Weerd: Is there any further discussion? Okay. Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council July 6, 2004 Page 57 of 62 Item 25: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you. Okay. Item 25 is our delinquency list. This is to inform you in writing, if you so choose, that you have the right to a pre -termination hearing at 7:30 p.m., Tuesday, July 6, 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 July 7th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Hearing none -- you know, Brad, I guess I see a number of schools on this list. Is there a reason for that? I'm sure you know the answer. Watson: Madam Mayor, the only possible insight I could give to this is that it's probably similar to commercial accounts where their billing cycle doesn't quite coincide with our -- or their invoicing cycle doesn't quite match up with ours. It's like most other bureaucracies, it takes a little while to get the PO made and -- I think they always pay, they are just a little bit behind. De Weerd: Okay. Didn't mean to specifically point that out for any reporters who might be sitting in the room. I just had that question. Okay. Well, hearing no response, 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 $20,074.52. As you have all seen via e-mail, there is a new procedure they are trying on this delinquency turn off, for those that are turned off, if you have any questions do feel free to call Stacy tomorrow in case you might get phone calls tomorrow night after hours. Do I have a motion to approve the turn-off list? Please. Are you guys on here? Mr. Bird. Bird: Madam Mayor, I move that we approve the water, sewer, and trash delinquency turn-off list for the amount $20,074.52. Nary: Second. De Weerd: Thank you. All those -- I'm sorry. Is there any further discussion? Would you like to -- Nary: I was going to say, our friends in the media, they can have the list when we done looking at it, but -- De Weerd: Will, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council July 6, 2004 Page 58 of 62 Item 26: Ordinance No. AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Jaydan Village Subdivision by Packard Estates, LLC — 5325 West Ustick Road: Item 27: Ordinance No. 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: Item 28: Ordinance No. : AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L -O zones for proposed Southstone Subdivision by Pinnacle Engineers, Inc. — northeast corner of South Eagle Road and East Girdner Lane: Item 29: Ordinance No. AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: De Weerd: Thank you very much. Okay. We have four ordinances that I will ask the clerk to read by title only. Ordinance 04-1084, Ordinance -- on Item 27 is 04-1085, Item 28, 04-1086, and 29 is 04-1087. Mr. Clerk, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1084, an Ordinance finding that Vake Land Holdings, Inc., an Idaho corporation and the owner of certain real property generally located on the south side of Ustick Road, approximately one quarter mile west of Black Cat Road, Meridian Idaho, to be known as Jaydan Village Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: Ordinance No. 04-1085, 1 believe. An Ordinance finding that the owner Fiscal Funding Company of San Francisco, California, for certain real property has made a request -- a written request for rezone of the zoning classification for real property located on the south side of Pine Avenue approximately 1,200 feet east of Linder Road within Section 12, Township 3 North, Range 1 west, Meridian, Idaho, that lies within the boundaries of the City of Meridian from L -O, Limited Office District Zoning District, to R- Meridian City Council July 6, 2004 Page 59 of 62 15, Medium High Density Residential District as defined under Meridian Code Section 11-7-2-D, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Berg: Ordinance No. 04-1086, an Ordinance finding that William J. Lewis, III, and Sherry S. Lewis and Evans Construction Management Company, Inc., the owners of certain real property generally located at the northeast intersection of Eagle Road and Girdner Lane, approximately one half mile north of the northeast intersection of Eagle Road and Victory Road in Meridian, Idaho, to be known as Southstone Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L -O) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: And Ordinance No. 04-1087, an Ordinance finding that Robert and Marlene Rhead and George and Betty Boyack, the owners of certain real property generally located within Section 30, Range 4 north, Range 1 east, the square mile bordered by Chinden Boulevard, Meridian, Locust Grove, and McMillan Roads, Meridian, Idaho, to be known as Saguaro Canyon Estates Subdivision and lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. Is there anyone in the audience who would like to hear any of these four ordinances read in its entirety? Hearing none -- Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council July 6, 2004 Page 60 of 62 Nary: Madam Mayor, having all the ordinances having been read by title only, I would move to approve Ordinance No. 04-1084, annexation and zoning for Jaydan Village Subdivision, Ordinance No. 04-1085, rezone Rock Creek Subdivision, Ordinance No. 04-1086, annexation and zoning for Southstone Subdivision, and Ordinance No. 04- 1087, annexation and zoning for Saguaro Canyon Estates Subdivision and would wave the rules pursuant to Idaho Code. Bird: Second. De Weerd: Mr. Nary, Ordinance 04-1086 is for Southstone Subdivision and 04-1087 is for -- no, you were on -- Bird: That's what he said. De Weerd: No. Nary: Do we need to go to the tape? 04-1086, annexation and zoning for Southstone Subdivision and Ordinance No. 04-1087 for Saguaro Canyon Estates Subdivision. De Weerd: Thank you, Mr. Nary. Bird: Second agrees. De Weerd: Okay. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 30: Executive Session per Idaho State Code 67-2345 (1)(f): De Weerd: Thank you very much. Item No. 30. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just one second before we do that. I would like to echo the comments from Mr. McKinnon earlier that Silverstone has been a tremendous project for the city and a tremendous asset and I know a lot of the heavy lifting was done by the folks -- some of the folks that were here tonight, like Mr. Hawkins -Clark and Chief Musser and Mr. Watson and Mr. Nichols and I do think they, as well as all the others that helped get that project to where it is today deserve to be commended, so I appreciate Mr. McKinnon of advising us of that and I thank all of them for all that work. That being said, I would move that we go into Executive Session pursuant to Idaho Code 67-2345(1)(f). Meridian City Council July 6, 2004 Page 61 of 62 Wardle: Second. De Weerd: Okay. There has been a motion and a second. I would like to ditto the comments by Councilman Nary and if you would, please, tell your respective staff about the comments by Council and the appreciation -- certainly would appreciate you passing that on. Okay. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. De Weerd: Okay, it's been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I would entertain a motion to adjourn. Bird: So, nothing was decided in Executive Session. De Weerd: I was told I didn't have to say that. Bird: Oh, you don't? De Weerd: There were no decisions made as usual. Bird: As usual. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: I move we adjourn the meeting. Nary: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. Meridian City Councll July 6, 2004 Page 62 of 62 MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYO TAM/ -ERD ATTEST: .•°��� Of 1 Mr�Oi NPORq o WILLIAM G. BERG, JRACMYCLERK y AI' �cp o . 1 Z 71 e97_ DATE APPROVED