HomeMy WebLinkAbout2004 08-032.
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Revised August 2, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, August 3, 2004 at 7:00 p.m.
City Council Chambers
Roll -call Attendance:
X Shaun Wardle O Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Pledge of Allegiance: By Captain John Overton
Community Invocation by Victor Leckie, with LDS Church:
Presented
Adoption of the Agenda: Approve with Amendments
Consent Agenda: Approve
A. Approve minutes of July 13, 2004 City Council Regular Meeting:
Approve
B. Resolution No. 04-437 Holiday and Flex Time:
Approve
C. Resolution No. 04-438
D. Resolution No. 04-439 : Investment Policy: Approve
E. Reimbursement Request by Dan Wood, developer of Timber
Falls Subdivision: Approve
F. Change Order No. 1 for Well No. 20 Pressure Zone Separation
at Ustick Road: Approve
G. Water Main Easement for Meadow Lake Village (Medical Office
Building) by Touchmark of the Treasure Valley: Approve
Meridian City Council Agenda — August 3, 2004 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised August 2, 2004
H. Water Main Easement for Rockbridge Center by Sundance
Company: Approve
I. Pressure Reducing Stations — Star Construction: Approve
J. Approve Bills: Approve
6. Department Reports:
A. Mayor's Office
1. Re -appointment of Linda Rupe, Clair Bowman, and Jon
Cecil to the Meridian Development Corporation:
Approve
2. Appointment of Steve Turney for Historic Preservation
Commission: Approve
3. Request for any Additions to proposed FY05 Budget:
Approve
B. Planning and Zoning Department — Anna Canning
1. Downtown Transportation Management Plan: Approve
7. (Items Moved from Consent Agenda)
8. Ordinance No. 04-1092
of Three Readings): Approve
with Suspension of Rules
9. Tabled from July 27, 2004: 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 August 10, 2004 City Council Meeting
10. Tabled from July 27, 2004: FP 04-044 Request for Final Plat approval
for 5 commercial building lots on 2.88 acres in an L-0 zone for Lynnwood
Plaza Subdivision by Busterback Development, LLC — north of West
Cherry Lane and east of North Ten Mile Road: Table to August 10, 2004
City Council Meeting
11. FP 04-048 Request for Final Plat approval for 8 commercial building lots
on 3.06 acres in an L-0 zone for Southstone Subdivision by Pinnacle
Meridian City Council Agenda— August 3, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodadon for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
Revised August 2, 2004
Engineers, Inc. — northeast corner of Eagle Road and Girdner Lane:
Approve
12. FP 04-047 Request for Final Plat approval of 42 single-family residential
building lots and 10 common lots on 17.27 acres in an R-4 zone for
Bridgetower Crossing Subdivision No. 9 by Primeland Development,
LLP — south of West McMillan Road and east of North Ten Mile Road:
Approve
13. TE 04-003 Request for a one year Time Extension on completion of
recording the Final Plat for Timberfalls Subdivision No. 2 by Dan Wood
— south of East Ustick Road and west of North Locust Grove Road:
Approve to February 19, 2005
14. Request for Street Name Change for Devon Park No. 1 & 2 by Steve
Vaught: Approve N. Lakes Place
15. Public Hearing: VAC 04-004 Request for a Vacation of a 20 -foot strip of
property extending from the Creason Lateral north approximately 810 -feet
for Salisbury Subdivision No. 2 by Woodside Properties — west of North
Meridian Road and south side of West Ustick Road: Attorney to Prepare
Findings of Fact and Conclusions of Law for Approval
16. Public Hearing: AZ 03-036 Request for Annexation and Zoning of 19.7
acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2
by Earl, Mason & Stanfield, Inc. — south of West Ustick Road and west of
North Meridian Road: Attorney to Prepare Findings of Fact and
Conclusions of Law for Approval
17. Public Hearing: PP 03-042 Request for Preliminary Plat approval for 81
building lots and 11 other lots on 19.7 acres in a proposed R-8 zone for
Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south of
West Ustick Road and west of North Meridian Road: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
18. Public Hearing: CUP 04-016 Request for a Conditional Use Permit for a
Planned Development for reduced lot frontages, lot sizes and block
lengths that are less than the 500 foot minimum in a proposed R-8 zone
for Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south
of West Ustick Road and west of North Meridian Road: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
19. Water, Sewer, & Trash Delinquencies: Approve
20. Ordinance No. 04-1093 : RZ 04-007 Request for a Rezone of
10.69 acres from R-4 to R-4, R-8 and L-0 zones for Tiburon Meadows
Meridian City Council Agenda— August 3, 2004 Page 3 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised August 2, 2004
Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North Ten Mile
Road: Approve
21. Executive Session per Idaho State Code 67-2345(1)(8: No Decision
Meridian City Council Agenda—August 3, 2004 Page 4 0£4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting August 3, 2004.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, August 3, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Shaun
Wardle.
Members Absent: William Nary.
Others Present: Bill Nichols, Tara Green, Anna Canning, Brad Watson, Captain
Overton, Kenny Bowers, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. Well, I will go ahead and open the regular Council agenda. It's
August 3rd. It's 7:00 p.m. And we will start with roll call attendance. Mrs. Deputy City
Clerk.
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Item two is the pledge of allegiance and we will ask Captain
Overton to please lead us.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Victor Leckie, with LDS Church:
De Weerd: Thank you, Captain. Item 3 is our community invocation and we will be led
by Bishop Victor Leckie with the LDS church. If you will, please, join us. You can join
us in prayer or take this opportunity to have a moment of silence or meditation. Thank
you.
Leckie: Our Dear Father in Heaven, we come before thee humbly and give thanks for
the many blessings that we enjoy. We are grateful for the sacrifices and the people that
have gone before us that have given us such a rich heritage of liberty and freedoms and
we are grateful for the opportunities that we have to enjoy those and to expand upon
them. We are additionally grateful for thy hand that has blessed us with the experience
and the knowledge and the coming together that will lead to those things that are good
and forward moving for our community. We are grateful for people who are willing to
serve and give and we ask that thy hand might continue to bless us that we might
Meridian City Council
August 3, 2004
Page 2 of 27
continue to enjoy those things that will grant us the rich blessings of freedom and liberty
and association with the good people that we are surrounded with and these things we
pray in the name of Jesus Christ, Amen.
De Weerd: Thank you, Bishop Leckie. I would like to present you with our City of
Meridian pin and thank you for joining us.
Leckie: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we adopt the agenda with one noted -- Item 9 to be tabled to
8/10104 at the request of the applicant and that we would adopt the revised agenda.
Rountree: Second.
De Weerd: Ifs been moved and seconded to approve the agenda as amended. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve minutes of July 13, 2004 City Council Regular Meeting:
B. Resolution No.
Holiday and Flex Time:
C. Resolution No. Intergovernmental
Agreement For Transportation And Land Use Planning:
D. Resolution No.
Investment Policy:
E. Reimbursement Request by Dan Wood, developer of Timber
Falls Subdivision:
F. Change Order No. 1 for Well No. 20 Pressure Zone Separation
at Ustick Road:
G. Water Main Easement for Meadow Lake Village (Medical Office
Building) by Touchmark of the Treasure Valley:
Meridian City Council
August 3, 2004
Page 3 of 27
H. Water Main Easement for Rockbridge Center by Sundance
Company:
I. Pressure Reducing Stations — Star Construction:
J. Approve Bills:
De Weerd: Consent Agenda. For your information resolution numbers with 5B begins
with 04-437, C is 04-438, and D is 04-439.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Assistant Deputy Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda. If there is
no further discussion, Mrs. Deputy Clerk, if you will call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports
A. Mayor's Office
1. Re -appointment of Linda Rupe, Clair Bowman, and Jon
Cecil to the Meridian Development Corporation:
De Weerd: Thank you. Item 6 under Department Reports. I have in front of you the
first item for re -appointment of Linda Rupe, Clair Bowman, and Jon Cecil to the
Meridian Development Corporation. These are three-year terms and so it would be until
August of'07. Is there any comments or discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Having served with all three of them for all their terms, I think they have done a
great job and I would move that we -- that we re -appoint Linda Rupe, Clair Bowman,
and Jon Cecil to the Meridian Development Corporation.
Meridian City Council
August 3, 2004
Page 4 of 27
Wardle: Second.
De Weerd: Okay. I have a motion to accept the re -appointment of the names in front of
you for the MDC. Any further discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I concur with what Councilman Bird indicated about the three individuals. I
do, however, question Clair's pending retirement and does he fill a role on the MDC as a
Compass member or as a respected member of our community?
De Weerd: His role has been that of a respected member of our community.
Rountree: Okay. So, his retirement has no bearing, then?
De Weerd: No, it doesn't.
Rountree: All right.
Bird: Give him more time to work for us.
Rountree: Yeah. I guess it gives him more time to work on our projects.
De Weerd: Utilize his free time.
Rountree: Point of clarification. Thank you.
De Weerd: Okay. Thank you. Mrs. Deputy Clerk, do you want to call roll on this?
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
2. Appointment of Steve Turney for Historic Preservation
Commission:
De Weerd: Thank you. The second item is appointment of Steve Turney for the
Historical Preservation Commission. You should have received a copy of his resume.
We did not receive overwhelming flood of volunteers for this commission and so I did
start contacting some of the other volunteers who have indicated interest in other
commissions or committees and Steve is very willing to serve where ever we can utilize
his talents and has an interest in serving on this commission. Are there any questions?
Meddian City Council
August 3, 2004
Page 5 of 27
Rountree: I have none. Madam Mayor, I move that we approve the appointment of
Steve Turney to the Historical Preservation Commission.
Bird: Second.
De Weerd: Okay. Thank you. The motion -- and just for the record, he is taking Tony
Hickey's place and his term expires in four-- well, it was up in four of '04. Unfortunately,
we just didn't have anyone until now. So, it would extend out -- you know, I apologize,
I --
Bird: They are three years.
De Weerd: -- believe it's three years, but --
Bird: I believe you're right.
De Weerd: Okay. So, it would be 04/07. Mrs. Deputy Clerk, I'm sorry, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
3. Request for any Additions to proposed FY05 Budget:
De Weerd: Thank you. This item is just to remind you that next week we will be
publishing our FY05 budget and so any changes our accounting department really does
need to know no later than Thursday, because -- so we can publish that and get it in the
packets on Friday. So, please, discuss any potential changes with your departments
and, Shaun, I think you have a couple.
Wardle: Madam Mayor, yes, my departments have several changes they will be
bringing forward.
De Weerd: Okay. And that doesn't affect our general fund bottom line, it's more out of
impact fees. Is that correct, Mr. Wardle?
Wardle: Yes, Madam Mayor, on the park side.
De Weerd: Okay. Okay. Yes, you have the renegade departments. Okay. So, if you
will, please, let Stacy know, as well as my office know, at your earliest convenience if
there is any changes. Brad, did you have anything?
Watson: Not that I'm aware of.
De Weerd: Okay. I just thought you looked like you wanted to talk. Okay. Item 16-B is
from the Planning and Zoning Department. Anna.
Meridian City Council
August 3, 2004
Page 6 of 27
Canning: Madam Mayor, Members of the Council, I know that contracts usually show
up on your Consent Agenda, we just wanted to take just a moment to explain what's
happening on the downtown Meridian Transportation Management Plan. I did give you
a brief update last week. I told you that we had selected Hudson Company and Theron
Peers and they have been working on the contract. The contract is ready to go. The
piece that's missing is the memorandum of understanding between ACHD and the city,
but we would ask that you would give the Mayor the authority to approve the contract
once that memorandum of understanding is in place. We just anticipate that it may take
a little time to get that going and because there is kind of a rush on this project, we just
wanted to have everything in place for when that memorandum is signed and ready to
go.
De Weerd: Council, do you have any questions at this point? Mr. Attorney, do you have
any wisdom to impart on going ahead with this without the memorandum of
understanding?
Nichols: I'm sorry, Madam Mayor, Councilman Bird asked me to look something up and
I was doing that, so I'll have to ask you to -- this is on the -- which contract?
De Weerd: This is on the downtown circulation study and --
Nichols: Talking about the memorandum of understanding with ACHD?
De Weerd: Yes.
Nichols: Madam Mayor, you can approve the contract subject to completion of the
memorandum of understanding with ACHD, if that's the Council's wish.
De Weerd: Okay. Thank you. And that is the recommendation at this point.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Do we have a cost figure on that that's pretty -- not to exceed or -- have we got
that?
De Weerd: It would be not to exceed 50,000.
Canning: Madam Mayor, Members of the Council, apparently it's $47,759.50. Just a
little less than 50,000.
De Weerd: Yeah. We just wanted to make sure in our budget amendments we had it
all covered and that is the budget amendment you approved last week.
Meridian City Council
August 3, 2004
Page 7 of 27
Bird: It wasn't for 50, was it?
De Weerd: It was for 50.
Bird: Was it for 50?
De Weerd: But if you want a specific amount --
Bird: I just think that --
De Weerd: -- that sounds real specific to me. Down to the penny.
Rountree: Did you get it?
Bird: What?
Rountree: Did you get the amount?
Bird: 47,000, but not to exceed 50. 1 don't think that 47 is going to stay.
De Weerd: It's 47,759.50.
Rountree: That 50 is important.
De Weerd: Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that upon approval or completion of the memorandum of
understanding between the City of Meridian and Ada County Highway District, that the
Mayor be authorized to approve the memorandum of agreement and contract for an
amount of $47,759.50 for the downtown circulation study.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve the contract. Is there any
further discussion? Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: (Items Moved from Consent Agenda)
Meridian City Coundl
August 3, 2004
Page 8 of 27
De Weerd: Thank you. Okay. We had no items moved from the Consent Agenda.
Item 8: Ordinance No. 04-1092 : Amended Allowance for CLR
of Three Readings):
De Weerd: So, we will move to Item No. 8, Ordinance No. 04-1092. 1 will ask the
Deputy Clerk to, please, read this by title only. And this is the second of three readings.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1092,
an Ordinance of the City of Meridian providing for a new section of the Meridian City
Code to be Section 6-3-5 A.2, entitled Penalty, and amending Section 3.13.1 and to
provide for a new 3.13.2 of Chapter 5, Title 7, and to renumber the present numbers
thereafter, to allow Cherry Lane Recreation equipment to operate on Meridian City
streets while in transit to the golf course and to allow the residents of Meadow Lake
Village to use golf carts throughout that Subdivision; and providing an amendment to
Section 5 of Chapter 5, Title 7, Meridian City Code, to provide that violations of the
chapter are punishable as infractions with a set penalty of 25 dollars; providing for
conflict, validity, savings clause, and providing for an effective date.
De Weerd: Thank you, Mrs. Deputy Clerk. You have heard this ordinance read by title
only. Is there anyone who would like to hear it read in its entirety? Thank you. We have
a friendly crowd tonight.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Never mind. I found what I was looking for. Excuse me.
De Weerd: Okay. Council, I would entertain a motion.
Rountree: Madam Mayor, I move that we approve Ordinance 04-0192, with the second
reading, with suspension of rules, and dispense with the third reading.
Bird: I second that.
De Weerd: Okay. It's been moved to approve this ordinance without the third reading,
with suspension of rules. Any further discussion? Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9: Tabled from July 27, 2004: FP 04-038 Request for Final Plat approval
of 30 single-family residential building lots and 5 common lots on 16.4
Meridian City Council
August 3, 2004
Page 9 of 27
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: Thank you. Item 9 has asked to be tabled. I would entertain a motion to
table to next --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we table Item 9 to August 10th, 2004.
Rountree: Second.
De Weerd: It's been moved and seconded to table this Item 9 to August 10th, 2004. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: Tabled from July 27, 2004: FP 04-044 Request for Final Plat approval
for 5 commercial building lots on 2.88 acres in an L -O zone for Lynnwood
Plaza Subdivision by Busterback Development, LLC — north of West
Cherry Lane and east of North Ten Mile Road:
De Weerd: Item 10 was tabled from July 27th, FP 04-044. 1 will start with staff
comments.
Canning: Madam Mayor, Members of the Council, staff had actually requested that this
be tabled one more week. I'm sorry, I forgot to mention it before you adopted the
agenda. We did resolve all the issues early this morning and we will have it ready for
you next week.
De Weerd: Thank you, Anna.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we table Item 10 until August 10, 2004.
Rountree: Second.
De Weerd: It's been moved and seconded to table Item 10 until August 10th. All those
in favor say aye. All ayes. Motion carries.
Merldian City Council
August 3, 2004
Page 10 of 27
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11: FP 04-048 Request for Final Plat approval for 8 commercial building lots
on 3.06 acres in an L-0 zone for Southstone Subdivision by Pinnacle
Engineers, Inc. — northeast corner of Eagle Road and Girdner Lane:
De Weerd: Item 11, FP 04-048. Anna.
Canning: Madam Mayor, Members of the Council, this is a final plat for eight
commercial buildings on 3.86 acres in an L -O zone. The property is just off of Eagle
Road and to the south of the property is Girdner Lane. This is surrounded -- this is the
preliminary plat. The final plat is in substantial compliance with the approved
preliminary plat. The applicant stated -- talked to me earlier today and he stated that he
had sent a letter to the clerks. I don't see it in my information, but he did say that they
were okay with the conditions of approval and that he would not be here tonight, so --
De Weerd: Okay. Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. I would entertain a motion to approve this.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 10, FP 04-044 -- or, excuse me. Eleven.
FP 04-048. Southstone Subdivision.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 11. All those -- I'm sorry.
Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: FP 04-047 Request for Final Plat approval of 42 single-family residential
building lots and 10 common lots on 17.27 acres in an R-4 zone for
Bridgetower Crossing Subdivision No. 9 by Primeland Development,
LLP — south of West McMillan Road and east of North Ten Mile Road:
De Weerd: Thank you. Item 12 is FP 04-047, Bridgetower Crossing Subdivision No. 9.
Meridian City Council
August 3, 2004
Page 11 of 27
Canning: Madam Mayor, Members of the Council this is a request that includes 42
single family residential lots and ten common lots on 17.27 acres. The gross density is
about 2.43 units per acre and the net density is 2.89 units per acre. This phase of
Bridgetower does provide access to McMillan Road as you see here. The property just
to the east is the school site and the final plat is in substantial compliance with the
approved preliminary plat. We did want to note for the applicant that we do expect to
see the school lot platted when the phase for these residences comes into the east. We
are concerned that that does get platted eventually. So, we would like to see it with the
lots just to the east as that phase comes through.
De Weerd: Okay. Well, would the applicant like to come forward, so she can ask her
question. If you will just state your name and address.
Stiles: Sheri Stiles, 150 East Aiken, Suite B, Eagle, Idaho.
De Weerd: Thank you, Sheri.
Canning: Sheri, I missed your question the first time around. Was it just to explain it
further?
Stiles: Just to explain it differently, I guess.
Canning: Okay. This phase does not include the school site, as it's just to the east of
this boundary. There has been some concern that the school site won't get platted, so
we did want to make sure that the applicant understands that we do expect that school
site to be platted and that we expect to see it when this phase came in, rather than as a
separate phase at the end of the subdivision. It really doesn't affect this subdivision,
this is still in compliance with the approved preliminary plat, we just wanted to get on the
record that staff was expecting to see the school's site platted.
De Weerd: Okay. Sheri.
Stiles: I guess I would think that would be the school district's responsibility. I mean
they have a building permit out there. How did they get a building permit if its an illegal
lot?
De Weerd: Are you saying it's an illegal lot?
Canning: Madam Mayor, Members of the Council, we -- the property had a building
permit vested on it, so we issued the building permit for the school on the parent
property, so to speak, and, then, the subdivisions have gone on around it. So, its
anticipated that this will be on a platted lot in the future.
De Weerd: So, when they submitted for their building permit they did not give you a
design at that time?
Meridian City Council
August3,2004
Page 12 of 27
Canning: The design of the school?
De Weerd: Yeah. How it's going to sit and --
Canning: Yes, ma'am, they did. It's just that we -- this is not uncommon. We do
release building permits if there is a legal parcel and there was in this case. It's just that
we do -- this is a lot in the preliminary plat and it does need to be platted. There seems
to be some question about who will do it, apparently, but staff just wanted to make it
clear that we did expect to see this as a platted lot, rather than just a remainder lot in
the subdivision.
De Weerd: I guess we probably should also contact the school district. I don't know
what the timing is for the next phase, but --
Stiles: Ten, eleven, twelve, will be on their way soon.
De Weerd: So, I guess it would be beneficial for both the city and the --
Stiles: We will certainly talk to them and see if there is a possibility if they are willing to
share in the cost. We have bent over backwards for the school district on this thing,
changing plans, getting no coordination with the architect, making changes last minute,
sending survey people out there to get sewer and water to that school, you know, and I
just -- I guess I just think the school district ought to be responsible to take care of the
problem.
De Weerd: Okay. Well, I guess we can talk about this at another point, so -- but we will
also contact the school district.
Stiles: If the condition is worded appropriately, I think we would be okay with it, but to
put it on the applicant they shall be required to plat that property they don't even own --
De Weerd: Is that in the staff comments? I think she's just -- it's just a request at this
time.
Stiles: Okay. It's not a condition on this?
De Weerd: No.
Stiles: That's what I wanted to make sure that its not a condition on this project.
►•
Stiles: Okay. Just a note to remember. Okay.
De Weerd: Yes.
Meridian City Council
August 3, 2004
Page 13 of 27
Bird: That makes more sense. Thank you.
De Weerd: Okay. Are you okay with the rest of the staff comments?
Stiles: Yes.
De Weerd: Okay. Okay. Any questions for the applicant?
Bird: I have none.
De Weerd: Okay. Thank you. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve FP 04-047, final plat for Bridgetower
Crossing Subdivision No. 9.
Rountree: Second.
De Weerd: It's been moved and seconded to approve Item 12. Mrs. Deputy Clerk, will
you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13: TE 04-003 Request for a one year Time Extension on completion of
recording the Final Plat for Timberfalls Subdivision No. 2 by Dan Wood
— south of East Ustick Road and west of North Locust Grove Road:
De Weerd: Thank you. Item 13, TE 04-003. I'll start with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request for a time extension
of Timbers Falls Subdivision No. 2. This is the vicinity map. It's south of Ustick Road.
And this was the approved final plat. They are very close to completing their conditions.
I think they are probably just a month off, but just to be safe, they wanted to request the
time extension. Staff is recommending approval of the time extension.
De Weerd: Anna, is there a reason it needs to be extended for a year? Could it not be
extended for six months?
Canning: My understanding is that six months should be more than sufficient.
De Weerd: Council, any discussion? Okay.
Rountree: From what date?
Canning: Six months from August 19th.
Meridian City Council
August3,2004
Page 14 of 27
Bird: February 9th. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we extend TE 04-003 to February 19th, 2005.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to extend TE 04-003 to February
19th, 2005. Any further discussion? Okay. Do I need to call roll, Mr. Attorney? Okay.
Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Request for Street Name Change for Devon Park No. 1 & 2 by Steve
Vaught:
De Weerd: Okay. Item 14 is a request for a street name change for Devon Park No. 1
and 2. Anna.
Canning: Madam Mayor, Members of the Council, I was not prepared to talk on this,
but I can -- I did read over the items and I will — I will go through it briefly. On Fairview
Lakes, apparently they got approval for a sign that said North Lakes spelled out N -o -r -t -
h Lakes and this was repetitive with a street name in Boise. So, they originally got
approval for it and, then, they found out that, no, they couldn't really approve it, because
it was a duplicate name, so they have asked the developer to change it to the
abbreviation north, N, and, then, Lakes. So, the street name will really be Lakes Lane --
Lakes Place. Excuse me -- that heads into Devon Park No. 1 and 2.
De Weerd: Thank you. Is the applicant here?
Vaught: Steve Vaught, Box 670, Meridian, Idaho. 83680. Members of the Council,
Mayor de Weerd, this is another chapter in the Fairview Lake saga as it continues. We
originally received the approved name North Lakes Avenue from the appropriate Ada
County and Boise City agencies with ACHD, everybody approved the name. The plat
went for final recording at the county surveyor, they rejected the name because of the
duplication that Anna just spoke about, and they are agreeable to the abbreviation N
period. And if that's approved, then, they will approve the plat and record it for us.
De Weerd: Okay. And this name works for you?
Vaught: Yes.
Meridian City Council
August 3, 2004
Page 15 of 27
De Weerd: Okay. Sorry I didn't recognize you. You look a little different than last time.
Vaught: I kind of figured this was a formality, so I commuted.
De Weerd: Council, do you need any further information? Okay. Mr. Wardle.
Wardle: Madam Mayor, I move we approve Item No. 14, street name change for Devon
Park No. 1 and 2.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the request for street
name change. If there is no further discussion, Mrs. Deputy Clerk will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. We have entered the Public Hearing portion of our agenda and
so all of those that would like to enter public testimony on Items 15 through 18, if you
will, please, raise your right hand, we do have an ordinance that requires you to be
sworn in. So, if you're going to provide testimony, if you will, please, raise your right
hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the
truth, so help you God? If so, answer I will.
(Affirmative answers.)
Item 15: Public Hearing: VAC 04-004 Request for a Vacation of a 20 -foot strip of
property extending from the Creason Lateral north approximately 810 -feet
for Salisbury Subdivision No. 2 by Woodside Properties — west of North
Meridian Road and south side of West Ustick Road:
Item 16: Public Hearing: AZ 03-036 Request for Annexation and Zoning of 19.7
acres from RUT to R-8 zones for proposed Salisbury Subdivision No. 2
by Earl, Mason & Stanfield, Inc. — south of West Ustick Road and west of
North Meridian Road:
Item 17: Public Hearing: PP 03-042 Request for Preliminary Plat approval for 81
building lots and 11 other lots on 19.7 acres in a proposed R-8 zone for
Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south of
West Ustick Road and west of North Meridian Road:
Item 18: Public Hearing: CUP 04-016 Request for a Conditional Use Permit for a
Planned Development for reduced lot frontages, lot sizes and block
lengths that are less than the 500 -foot minimum in a proposed R-8 zone
Meridian City Council
August 3, 2004
Page 16 of 27
for Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south
of West Ustick Road and west of North Meridian Road:
De Weerd: Thank you. Okay. We will open up Items 15, 16, 17, and 18 for public
hearings VAC 04-004, AZ 04-036, PP 03-042, and CUP 04-016. 1 open these items
with staff comments.
Canning: Madam Mayor, Members of the Council, this is Salisbury Subdivision No. 2
revisited and you may remember that we -- you originally looked at this and it's located
just north of Waterbury Subdivision south of Ustick Road and west of Meridian Road, as
shown here. You did look at it about six months ago, I believe, and the ultimate
decision was to deny the project, largely based on the neighbors' concerns and some
density and open space concerns -- or, excuse me, lot size and open space concerns.
The applicant did work with the neighbors in sufficient time to request that you change
your findings from denial to remand back to Planning and Zoning Commission and you
all did decide to do that, so it has gone to the Planning and Zoning Commission and is
now back before you. One of the first issues to talk about is the vacation and I'm going
to go over that separately, because it is kind of a side issue apart from the plat. That is
worthy of considering on its own, regardless of what happens with the plat. As you may
recall during the Public Hearing process there was quite a bit of discussion about
Venable Lane and how that would develop in the future and how to keep it, quite
frankly, from becoming another Wingate Lane with the issues of public streets crossing
over private roads and trespassing on those roads and whatnot. So, that was a large
part of the discussion on that. The applicant -- well, Mr. Simunich owns the property
just to the west of this site and Mr. Simunich was able to acquire a portion of the right of
way of Venable Lane from Mr. Venable and staff wanted to say that we do appreciate
Mr. Simunich taking that upon himself, because he recognized it was an issue with the
city. So, half of the right of way has been taken care of. It is in private ownership with
the surrounding property owner. There is still a small sliver -- and this is still hard to see
even as you zoom in, but there is a portion of the right of way for the private lane that is
on Salisbury property from here, the shaded area, and it does extend up. That line isn't
showing up on this drawing, but it continues to go up to Ustick Road and that's another
20 -foot property. So, the applicant is requesting to vacate the portion of the street that
adjoins their property. So, this is as far as anyone can tell owned by ACHD, although
ACHD isn't quite convinced of their ownership in the property, but from what we can tell
it is right of way, so they are going through the proper vacation procedures for that right
of way. This would be the first step in the process to get your approval and, then, they
need to go to the Ada County Highway District to get their approval. So, with that, that's
the summation of the vacation request at this point. So, regardless of the decision on
the plat, it is an appropriate -- staff is in support of the vacation request at this time.
Okay. Then, I will move on to the project. I'm sorry, I forgot to mark my places on this
one. The applicant has -- has submitted a revised annexation request and zoning and
also preliminary plat and Conditional Use Permit. The preliminary plat approval is for 81
lots and 11 other lots on 19.7 acres. As you will recall, they had a stub street here and
here. They have connected to those. And, then, the -- they have placed the larger lots
next to those adjoining subdivisions and, then, shifted the density to the interior of the
Meridian City Council
August 3, 2004
Page 17 of 27
property. The Conditional Use Permit is for reduced lot frontages, lot size, and block
lengths less than 500 feet and -- okay. When the Council originally looked at the first
proposal -- and here it is -- your reasons for denial were that you recognized the
concerns of the property owners that were largely in this subdivision here. They were --
Mark Snodgrass was the spokesperson for them. You did recognize those concerns.
The applicant had not had a neighborhood meeting with the adjoining property owners,
so that was an additional concern. And the proposed R-8 designation was felt to be
incompatible with the adjoining R-4 properties and the proposed R-8 designation was
not reflective of the City of Meridian's vision for this particular area and, then, you
decided that annexation was not in the best interest of the city. So, this was the
previous plat and you can see they were fairly uniform lot sizes. There were some
larger ones here, but in the revised ones they have increased the size of these lots that
adjoin those properties substantially, as well as these here. The smaller lots were put
towards the center. They have an open space behind them in both cases. They have a
nice green space plan here. You can see the open space here. Here along the canal.
Here. And here as well. Just as a reminder, there is a planned neighborhood center up
in this area, so staff had always felt that the density was appropriate and that we did
want to try and get some density to support the future commercial at the Venable Lane -
Ustick location, so -- they did shift it to the interior of the property. I did want to know
that the preliminary plat -- I think Mr. Stanfield may not be aware of this, but the
preliminary plat shows the existing house to be removed. They do intend to keep the
existing house. They have placed it on a large lot and they have got a garage to remain
as well. So, you will see those accommodated in the plat in this area. There was quite
a bit of discussion about whether there should be a stub street to the west. They have
put a -- a pedestrian stub. The Planning and Zoning Commission did hear this item on
July 1st. Their recommendation was to approve with conditions. The Public Hearing --
at the Public Hearing Scott Stanfield, representing the applicant, testified in favor of the
application. He provided background and overview information regarding the density
and the Venable Lane vacation and acquisitions and the stub streets. Jeff Wood, the
developer, clarified that Indian Rocks Street would likely be constructed as a second
point of access prior to construction of Salisbury Two and he can clarify that if he needs
to. I'm not sure where Indian Rocks is. Indian Rocks is the southern road in this
location. So, that would be completed prior to construction of Salisbury No. 2. Other
key points of discussion included the revised plat layout, the vacation of Venable Lane,
and the reasons for the City Council remand. There were no major changes to the
initial staff recommendation. There are a couple of outstanding issues. One is the
preliminary plat date just needs to be revised and also, as I mentioned, we do want to
recognize that that house will remain and, then, that's it. In Brad's staff summary of the
Planning and Zoning Commission, he has detailed the previous City Council actions on
the project.
De Weerd: Anna, I guess before our city attorney asks, what is the revised date to the
plat?
Canning: June 24th, 2004.
Meridian City Council
August 3. 2004
Page 18 of 27
De Weerd: Mr. Nichols, is that what you were about to ask?
Nichols: Madam Mayor, Members of the Council, Anna, is there a restriction on heights
of fences and the construction of fences as they border those open areas behind those
lots?
Canning: Madam Mayor, Members of the Council, on the preliminary plat, site specific
condition number six says a six foot open vision or four foot solid fencing is required
adjacent to the South Slough pathway, which is at the southern end, and adjacent to the
common area open space lots in two, three, four -- in Block 2, 3, and 4. Excuse me.
Which is -- this is Block 2, this is Block 3, and this is Block 4.
Nichols: Madam Mayor?
De Weerd: Yes, Mr. Nichols.
Nichols: Anna, down in the southeast corner, those open spaces, are there any
restrictions on fence types along those side lots? And what's the purpose for that
space?
De Weerd: No. The southeast, which is on this other side where those two green strips
are. No. Other side. Yes. There you go.
Canning: Oh. They did not put fencing restrictions on that one. That piece of property
was a spite strip that the developer acquired in order to connect to Indian Rocks Street.
De Weerd: Thank you. Did that answer your question? There is no fence restrictions
there. So, I guess we have a question to the applicant. Okay. Would the applicant's
representative like to come forward? I saw that you were sworn in. If you will just state
your name and address.
Stanfield: Good evening. Thank you, Mayor, Members of the Council. Scott Stanfield,
314 Badiola, Earl, Mason & Stanfield Engineering in Caldwell, Idaho. Jeff Wood is
putting up our -- basically, it's the same picture that's on the overhead there for your
reference. I took some notes down for some specific questions.
De Weerd: Jeff, if you could turn it so the audience can see it as well.
Stanfield: I have jotted a couple questions down and I'll get to those at the bottom. First
ofall --
De Weerd: If you will tilt it a little bit more this way. There. There you go. Thank you.
Stanfield: Again, its the same as on the overview there. First of all, I'd like to
appreciate the opportunity to bring this back before the city here this evening and we
are greatly appreciative of that. I'll kind of zip through the main reasons for denial.
Meridian City Council
August 3, 2004
Page 19 of 27
There were five reasons given. Anna did a good job of addressing those and I'll just
reiterate it quick. The first item was in regard to Mr. Snodgrass's letter. We have met
with him, we have talked with him, we met with him, we have talked with him, and I don't
see him here tonight and he wasn't at the P&Z, so, hopefully, that's evidence enough
that we have addressed his comments. The same statements would apply to reason for
denial number two regarding the neighbors and the neighborhood meeting. We worked
with Mr. Snodgrass and invited basically a whole neighborhood to an on-site
neighborhood meeting and we roughly had I'm going to say probably over 30 people in
attendance and answered some of their questions and some of their concerns and I
don't think a lot of them are here tonight to testify in opposition. So, that is evidence that
we have met with the neighbors and addressed their concerns. Three, four and five are
related, in my opinion, to the Comp Plan, specifically number -- number three -- excuse
me -- number three is the revision that Anna did address you can see when she was
flipping back between the new versus the old. We greatly changed the easterly portions
of this project to much larger lots and the neighbors really appreciated that. So,
hopefully, that addresses the compatibility with the adjacent R-4 units and that we are
providing a better transition from R-4 to R-4 to the R-8 on site. Four and five, in our
opinion, relate to the Comp Plan and, again, the Comp Plan designates a good portion
of this as a neighborhood center. And, again, we have attempted to create some kind
of a buffer between the R-4 to the future neighborhood center and, obviously, put the R-
4 transition on site, so that the neighbors aren't burdened with an R-4 to an R-8. So,
hopefully, we have comments four and five. Anna did a good job on addressing the
major changes. We have relocated -- I believe that central east -west street is West
Clare Street and we pulled that to the south. If you recall, we had Sedgewick Drive
connecting from our northeast corner -- there you go -- all the way to the west and that
was the largest issue that the neighbors were concerned with and I believe Mr.
Snodgrass addressed it in his letter. We pulled that to the south to encourage as much
traffic as we can to go through Indian Rocks Street and I believe it's Clearbrook, which
is being developed to the southeast. And that's for obvious reasons. The neighbors or
the people that are buying in Clearbrook now, this project is of record, they can see that,
buyer beware, everything is there, versus the owners in Salisbury Subdivision had no
idea what was going on when they purchased. So, again, to encourage traffic to go to
the east. We have reviewed that with ACRD. They had some initial concerns when we
first presented that to them, but we have worked through those issues and they are
acceptable to this layout before you. I have discussed it with Mr. Joe Silva and he's
acceptable -- this is acceptable to him as well from a fire safety issue. Increased the lot
sizes on the easterly portion, as I mentioned. We increased the lot density on the
westerly portions to produce something more -- even more conducive to the
neighborhood center, which will ultimately go to the north. And we have drastically
increased our open space to a true 15 percent -- close to a 15 percent and more of a
usable fashion, spread it out, put some corridors in the rear lots as you can see on
some of the smaller units and, obviously, that will be all operated or maintained by the
HOA to have a uniform look and a uniform treatment to it. We have added a gazebo to
the southwesterly large open space lot and there is a sample of what we think will go in
there. And, then, if you saw on the colored map, there were two little squares north and
south of the gazebo -- the gazebo is the one with the X on it and those are permanent
Meridian City Council
August 3, 2004
Page 20 of 27
picnic benches on concrete slabs that are adjacent to the pathway that will run up from
the South Slough. So, just an overall gathering area. That open space is not a storm
water facility, so it should be quite usable. Neither are the large corridors that run east
to west, those are not storm water facilities either, so they are truly usable. We have
added the CUP and the vacation to the request tonight. I think Anna did a good job of
describing the vacation. The CUP, part of the reasons were, again, to generate a true
R-8 to transition to the neighborhood center and the lot with the 50 obviously conflicts
with the city's requirements. So, that was one reason for the CUP request. Also, when
we shifted the street Sedgewick to the south, that greatly decreased our block length to
less than the city's standard or minimum block length, so that's one more reason for the
CUP. We are providing two amenities, the -- actually, three. The open space in excess
of the city minimum, the South Slough Pathway, and the picnic area. So, hopefully, that
offers the city and the community something usable, something tangible in this area.
Those are some of the major changes that we have done. Some questions that came
up, I will just jump into those. The southeast comer, those two green strips that run
north -south, there is a city sewer main that travels north -south through there and that
was a strip that was owned by a different party and Mr. Wood purchased that to
complete the street connection to Clearbrook to the east and the city engineering
department requested to leave that open and have some type of surface treatment
above it and at the P&Z we indicated we would prefer to go with a grass crete ype
treatment versus a gravel pathway and I believe that was acceptable to the city
engineer and it's my understanding that the neighborhood themselves actually use that
pathway to get from their dead-end cul-de-sac down to the slough. So, even though its
primary purpose is for sewer, it's going to be a great connection when the existing
neighborhood down to the South Slough and pathway at Clearbrook and Salisbury Two
will be putting in, so the neighbors in Landsbury, I believe, the central subdivision it's
called, they won't be pedestrian land locked, if you will. So, that worked out quite nice.
The house in the southwest corner, the -- hopefully the one in your packet, that house
was actually noted to be removed. There was really no way to keep that and keep it
with a look and the feel of the neighborhood. It was added on too many times, it's quite
an odd house, so it will go away. I don't think I addressed Mr. Nichols' question, really,
on the fencing on the sewer/pathway in the southeast. We can't control what the
residential units to the east, Clearbrook, install on the easterly side of that strip. We,
obviously, can control the westerly side. Its a pretty wide strip and my personal opinion,
a standard fence, I don't see a problem with that, but we are amenable to any
suggestions the Council may have regarding similar height restrictions that we have on
other parcels within there, so we are open to suggestions on that issue. And with that I
will stand for any questions.
De Weerd: Thank you, Scott. Any questions?
Bird: I have none, Mayor.
De Weerd: Okay.
Rountree: Madam Mayor?
Meridian City Council
August 3, 2004
Page 21 of 27
De Weerd: Yes, Mr. Rountree.
Rountree: I just have a comment. I want to compliment the applicant for the learning
they did and the process that they went back through. We have a much better
subdivision plat --
Stanfield: Thank you.
Rountree: -- before us than we did previously. And, again, I appreciate your effort.
Stanfield: Thank you.
Rountree: And I'm sure the neighbors do as well.
Stanfield: Thank you.
De Weerd: Thank you. Yeah. Not having anyone here is true testament to that. I'm
sorry. Joe, you're not just anyone. But thank you.
Stanfield: Thank you.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: Members of the Council, thank you, the applicant, for clarifying that. The
existing structure is going to be removed. We had thought it would stay. Just so the
applicant is aware, they are asking that the garage remain and, usually, you can't have
an accessory structure without a principal permitted structure, so just the timing may be
an issue, but we just need to not -- we need to know what the building plans are before
we -- they demolish the new house, so if they could just keep that in mind as they go
forward.
De Weerd: Okay. Okay. Any further comment from the applicant? Okay. Mr.
Simunich. If you will just state your name and address.
Simunich: Joe Simunich at 955 West Ustick Road.
De Weerd: Thank you, Joe
Simunich: Madam Mayor and City Council, I'm glad to see this project getting forward.
Jeff Wood has been working on it for a long time, had numerous delays, I'd like to see it
expedited as much as possible and for the vacation of Venable -- of the 20 foot piece of
property that is supposedly owned by Ada County Highway District, Jeff Woods is going
to acquire that and I have given him a -- I have to look at the papers, because I'm not --
Meridian City Council
August 3, 2004
Page 22 of 27
agreement to vacate the property provided we have a recorded easement, because the
property that I have to the west side uses part of that -- of that -- of that property that's
owned by the county at the present time, So, I think Mr. Woods agrees do that. We
have got documents here prepared by an attorney and so that takes care of that. And
the only other thing I have I'd like to see before the final plat approval is the irrigation
plan. There is a ditch that goes through there and we need to see where that's going to
go and how it's going to be constructed. And, again, I hope you can expedite this for
Mr. Woods. Thank you.
De Weerd: Thank you. Okay. I have one other person signed up and, I'm sorry, I can't
read the name. Is there anyone else who would like to provide testimony? Okay. Well,
sorry, I couldn't read that. Joe has said it all; right? Thank you. Okay. Scott, would
you like to make any further comment? Okay. And you will get an irrigation plan to Mr.
Simunich?
Mr. Simunich. Thank you.
De Weerd: Council, any questions for staff or the applicant?
Bird: I have none.
De Weerd: Mr. Bird?
Bird: I have none.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move we close the public hearings for Items 15, 16, 17 and 18.
Rountree: Second.
De Weerd: It's been moved and seconded to close the public hearings on Items 15, 16,
17 and 18. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve VAC 04-004, Salisbury Subdivision No. 2 and to
incorporate applicant and staff comments.
Meridian City Council
August 3, 2004
Page 23 of 27
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 15. Is there any
further discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Again, just a comment to Mr. Simunich. I appreciate your effort to making
this possible, the vacation of this lane and clearing that matter up for future generations.
Appreciate it.
De Weerd: Okay. Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 16.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve AZ 03-036, Salisbury Subdivision No. 2 and to
incorporate staff and applicant and public testimony.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 16. Is there any
further discussion? Okay. Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 17, PP 03-042. Mr. Wardle.
Wardle: I move that we approve PP 03-042, Preliminary Plat for Salisbury Subdivision
No. 2, dated June 24th, 2004.
Bird: Second.
Meridian City Council
August3,2004
Page 24 of 27
De Weerd: Okay. It's been moved and seconded to approve Item 17. Is there any
further discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I need to -- I want a clarification on the motion on the fencing around the sewer
deal there. What is that going to pertain to, Mr. Wardle?
De Weerd: Is that a CUP condition or preliminary plat?
Bird: Preliminary plat.
De Weerd: Okay.
Canning: Madam Mayor, Members of the Council, I believe that the adjoining lots in the
Clearbrook Subdivision were open space lots, so a six-foot fence, solid fence, may not
be inappropriate in that location.
Bird: So, what are we doing? I mean the applicant needs some kind of an idea of what
we want there or -- if we are going to pass this or are we just going to leave it wide
open? It was quite a -- it was a five or six minute discussion during the hearings.
De Weerd: It sounds like the applicant is okay with the same standards as the rest of
the open space fencing. So, the motion maker makes the decision.
Bird: Yes, sir.
Wardle: Madam Mayor, I would move to amend my motion to include similar fencing
requirements for these southeast common spaces as the rest of the property, in the
event that the adjacent properties in the Clearbrook Subdivision are not substantial
open spaces.
Bird: I would -- second would agree with that.
De Weerd: Okay. I'm not going to repeat it, because I don't really understand it. Does
staff -- or maybe the attorney, so it shows up in the findings correctly.
Bird: The attorney does.
De Weerd: Mr. Nichols, is that --
Nichols: Madam Mayor, I believe we can write a condition that fits the motion.
Wardle: Mr. Attorney, would it help if I included a staff level review of that fence?
Meridian City Council
August 3, 2004
Page 25 of 27
Nichols: Madam Mayor, members of the Council, I don't think so. I think it can be
solved at the final plat stage, so we will just include a condition and Mr. Stanfield will
have that all cleared up when he brings in the final plat.
De Weerd: Thank you. Takes out the guesswork or the entertainment when we get the
findings back. Okay. Any further discussion? Okay. We do have an amended motion
for Item 17 to approve PP 03-042. Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item 18, CUP 04-016.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 18, CUP 04-016, Conditional Use Permit for
Salisbury Subdivision No. 2.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 18. Is there any
further discussion? Hearing none, Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT
Item 19: Water, Sewer, & Trash Delinquencies:
De Weerd: Item 19 is sewer, water, and trash delinquencies. I would ask that staff and
Council look on the list and make sure you're not on there so we don't turn anyone off.
This is to inform you in writing, if you so choose, that you have the right to a pre-
termination hearing at 7:30 p.m., Tuesday, August 3rd, 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 August 4th, 2004, unless payment is received in
full. Is there anyone present who wishes to contest his or her water, sewer, and trash
delinquency? We would like to provide whiteout to remove your name off the list. Okay.
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 $23,844.26. Council, I would entertain a motion to approve --
Meridian City Council
August 3, 2004
Page 26 of 27
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Way to go, Brad. Madam Mayor, I'd move that we approve the delinquency
for turnoff schedule for August 4th, 2004, in the amount of $23,844.26.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the shutoff list. Is there
any further discussion? Mrs. Deputy Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 20: Ordinance No. 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:
De Weerd: Thank you. Item 20 is Ordinance 04-1093. Mrs. Deputy Clerk, will you,
please, read this item by title only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1093,
an Ordinance finding that the owners Stonehouse Evangelical Church and Greta
Hewett, trustee for the Hewett 1992 irrevocable trust for certain real property, have
made a written request for rezone of the zoning classification for real property located at
1450 and 1460 North Ten Mile Road, approximately one half mile south of the
southeast intersection of Ten Mile Road and Cherry Lane, Meridian, Idaho, and that lies
within the boundaries of the City of Meridian from R-4, Low Density Residential District
Zoning District to R-4 Low Density Residential District, R-8 Medium Density Residential
District and L-0, Limited Office District, as defined under Meridian City Code Section
11-7-2 E, D, and G, 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.
De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone
who would like to hear it read in its entirety? Hearing none, Council, do you have a
motion?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
August 3, 2004
Page 27 of 27
Bird: I move that we approve Ordinance 04-1097, with suspension of rules.
Wardle: Second.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 20. If there is no
further discussion, Mrs. Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 21: Executive Session per Idaho State Code 67-2345(1)(f):
De Weerd: Thank you. Item 21 is an Executive Session per Idaho State Code. Do I
have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we move to Executive Session per Idaho State Code 67-
2345(1)(f).
Bird: Second.
De Weerd: It's been moved and seconded to adjourn into Executive Session. Mrs.
Deputy Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you.
EXECUTIVE SESSION:
De Weerd: I would except a motion to come out of Executive Council.
Rountree: So moved.
Bird: Second.
De Weerd: It's been moved and seconded to come out of Executive Session. All those
in favor say aye.
Meridian City Council
August 3, 2004
Page 28 of 27
MOTION CARRIED: THREE AYES, ONE ABSENT
De Weerd: Let the record note that there were no decisions made while in executive
session. I would entertain a motion to adjourn.
Bird: So moved.
Wardle: Second.
De Weerd: All those in favor say aye. All ayes, motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
MEETING ADJOURNED AT 8:55 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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MAYOR TA D „Ll6ti�;,E"APPROVED
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ATTEST:
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SEAL
WILLIAM G. BERG, JRrCITf CLERK