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HomeMy WebLinkAbout2004 08-10CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, August 10, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle _ X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Clark Day 3. Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: Provided 4. Adoption of the Agenda: Approve 5. Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: Presented by John Shawcroft 6. Consent Agenda: A. Approve Minutes of July 20, 2004 City Council Regular Meeting: Approve B. Approve Minutes of July 27, 2004 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: Approve D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Meridian City Council Agenda — August 10, 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 houns prior to the public meeting. Woodside Creek Subdivision No. 2 by Woodside Properties, LLC —1115 North Ten Mile Road: Approve E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014 Request for a Conditional Use Permit for a Planned Development for modification of an existing CUP in an L-0 zone of Touchmark of the Treasure Valley, LLC — south of ad and east of North Eagle Road: Approve F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 2: Approve G. Award Contract for Architectural Services for Meridian Senior Citizen Center Project (ICDBG-04-111-01-SR): Approve Johnson Architects H. Resolution No. 04-440: Street Name Change of North Lakes Avenue to N. Lakes Place: Approve 1. Approve Beer and Wine License Transfer from Bangkok House to Sa Wad Dee Thai Restaurant-- 1890 East Fairview Avenue: Approve T. Department Reports: A. City Council Member — Shaun Wardle 1. Update on Golf Course Standards: Presented B. Finance Department 1. Update on Police Department Property Tax: Options Presented - discuss with band attorney C. Police Department — Chief Musser 1. Traffic Safety Commission Recommendations by Captain John Overton: Approve Recommendations D. Parks and Recreation Department — Doug Strong 1. Discussion of New Fees and Fee Increases: Discussed E. Mayor's Office Meridian City Council Agenda —August 10, 2004 Page 2 of 4 All ran[ariels "cited 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 Clark's Ogee at 8884433 at kart 48 hours prior to the public meeting. City-wide Strategic Plan: Update 8. (Items Moved from Consent Agenda): Nothing 9. Approve Amendments for 2004 Fiscal Year Budget: Approve 10. Approve 2005 Fiscal Year tentative Budget: Approve 11. Tabled from August 3, 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 Fairs Crossing Subdivision by Autumn Faire, LLC — south of West Ustick Road and west of North Black Cat Road: Approve 12. Tabled from August 3, 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: Approve 13. FP 04-049 Final Plat approval for 50 single family residential building lots and 15 common lots on 21.16 acres in a R-4 zone for Saauaro Canyon Estates Subdivision No. 1 by Farwest, LLC — north of East McMillan Road and east of North Meridian Road: Approve 14. Public Hearing: AZ 04-015 Request for Annexation and Zoning of 1+/ - acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1+/- acre in proposed R-8 zone for proposed Secret Orden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C -G zones for Stow -It ,Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda— August 10, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation fm' disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 haute prior to the public meeting. 18. Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C -G zone for Stow -It Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 18. Ordinance No. 04-1084 : AZ 04-010 Request for Annexation and Zoning of 4.10 ages from RUT to L -O zone for proposed Brockton Subdivision by Confluence Management, L.L.C. — 3665 North Locust Grove Road: Approve Meridian City Council Agenda — August 10, 2004 Page 4 of 4 All materials pneented at public matings shall become properly of the City of Meridien Anyone desiring accommodation for disabilities related to documents andlor hearing plceao contact The City Clark's Office at 888-0433 at least 4g hours prior to the public meeting. Meridian Citv Council Meetina Auaust 10. 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 10, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, William Nary, Keith Bird, and Shaun Wardle. Others Present: Chris Gabbert, Will Berg, Anna Canning, Bruce Freckelton, Stacy Kilchenmann, John Shawcroft, Jim Musser, John Overton, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call the regular City Council meeting to order. It's August 10th and it's 7:00 p.m. We will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: I'd like to welcome you all here tonight and thank you for coming and joining us. We do have Clark Day from Troop 104, which is sponsored by the LDS church south of the freeway. He will lead us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes, with Meridian Vineyard Church: De Weerd: Clark, I would like to thank you with a pin. Thank you. Our third item on the agenda is our community invocation. Take this time to join us for a moment of silence or meditation. Pastor Rodes with Meridian Vineyard Church is here to lead us in our community invocation. Rodes: Mayor de Weerd and Members of the Council, thank you for this privilege of being here this evening. Let's pray. Our Father in Heaven, we thank you for the members of this Council, this city government, and for Mayor de Weerd. Lord, your word says that the nations are in your hand and we know that as we think about our nation in these days, that we think about all parts of our government, Lord, and as we think about the Meridian city government tonight, I ask, Father, that you would give them not the wisdom of man as they deal with the issues, but that they would be able to tap into your wisdom as they deal with each issue tonight. We thank you for our Mayor Meridian City Council August 10, 2004 Page 2 of 43 and her guidance of this city. We pray, oh, God, your blessing not only upon this meeting, but continually upon this growing community and we pray all of this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Rodes, I have appreciated the relationship that we have developed with all the faiths in our community and I would like to present you with a City of Meridian pin as well. Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I haven't heard any deletions or additions or anything, so I would move that we adopt the agenda as published. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Presentation of Environmental Certificate of Recognition Award to Idaho Fleet Service by Mayor De Weerd: De Weerd: Item No. 5 is an award that we would like to recognize through our wastewater treatment plant. If our wastewater superintendent John Shawcroft would introduce this? Shawcroft: Madam Mayor, Council Members, for the record my name is John Shawcroft and I am the wastewater superintendent for the City of Meridian. Under 40 CFR 403.8, the federal government requires that all wastewater treatment facilities, regardless of state, that they institute a pre-treatment program and pre-treatment means the reduction or elimination of pollutants prior or in lieu of discharging to a wastewater treatment facility. It gives the NPDS holder, which in this case is the City of Meridian, the responsibility for enforcement and implementation of this program. But it gives the business community and industrial users the responsibility for the actual reduction and disposal of those generated wastes that they -- that comes in just for doing business. If a business or an industrial facility meets the requirements of the pre-treatment program, it's like getting a C in school; you are meeting the minimum requirements. But once in awhile we get an industry or a business that comes in and meets not only the minimum requirements of the law or the regulations, but exceeds them and so they get an A in environmental responsibility. And tonight we are here, hopefully, to -- not hopefully. We are here to give this award -- excuse me -- to Idaho Fleet Services, who is under the Meridian City Council August 10, 2004 Page 3 of 43 tutorship of Jerry Cripe and Tim Cripe for their practices in pre-treatment, which exceed our requirements and the federal government requirements. De Weerd: Thank you, John. If you will stay there. Shawcroft: I will. De Weerd: I will tell you a little bit about Idaho Fleet Services and on a personal note as well, since Tim is a Kawanian and this company not only has an A in their environmental responsibility, but they have been a strong member of our community and of leading our youth and I appreciate all of your efforts on the community side as well. But Idaho Fleet Services is environmentally proactive and meets or exceeds City of Meridian pre-treatment requirements. IFS utilizes secondary containment for stored petroleum products and recycles used antifreeze, oil, and oil filters. IFS pre-treatment efforts using grease interceptors -- and I even know what this stuff is, that's the exciting stuff -- waste collection drums, spill cleanup with landfill disposal, helps eliminate toxic chemicals from the sewer and thereby aids with the operation of the wastewater treatment facility and, John, perhaps we can also introduce Rusty and Carmen and they can be part of the presentation as well. Shawcroft: Okay. I'd like to introduce my pre-treatment manager Carmen Vance and her inspector -- I'm going to call her Rusty Tortorella. It's not her real name. And if we could get Jerry and Tim to come forward. De Weerd: So, this is in recognition for adopting environmentally friendly practices, equipment, and technology. Congratulations. Cripe: Well, thank you very much. That's beautiful. Anyway, we have been at this for 20 years and we have always tried to do our best at taking care of the environment and I think this shows we have done it. Thank you. De Weerd: Thank you, Jerry. Tortorella: I just wanted to say from the inspection point of it, going into Jerry's facility, it's a pleasure. He's always very willing to give me the time, take me on tours of his place, and he's proud -- very proud to show me everything he has there. Never hides anything. Item 6: Consent Agenda: A. Approve Minutes of July 20, 2004 City Council Regular Meeting: B. Approve Minutes of July 27, 2004 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAC 04-003 Request for a Vacation of utilities, drainage and irrigation Meridian City Council August 10, 2004 Page 4 of 43 easement on the interior lot line of Lots 22 and 23 of Packard Acres Subdivision No. 2 by Packard Estates Development, LLC — south of East Ustick Road and east of North. Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 04-006 Request for a Preliminary/Final Plat approval for the re- subdivision of Lot 14, Block 1 of Woodside Creek Subdivision No. 1 into two building lots on .32 acres in an R-8 zone for proposed Woodside Creek Subdivision No. 2 by Woodside Properties, LLC — 1115 North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 04-014 Request for a Conditional Use Permit for a Planned Development for modification of an existing CUP in an L -O zone of C( CRC) by Touchmark of the Treasure Valley, LLC — Franklin Road and east of North Eagle Road: F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 2: G. Award Contract for Architectural Services for Meridian Senior Citizen Center Project (ICDBG-04-1 11 -01 -SR): H. Resolution No. 04-440: Street Name Change of North Lakes Avenue to N. Lakes Place: Approve Beer and Wine License Transfer from Bangkok House to Sa Wad Dee Thai Restaurant —1890 East Fairview Avenue: De Weerd: Thank you, Rusty. Well, we appreciate you joining us tonight and allowing us to recognize you in this fashion. Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers and I need the resolution number for Item H. Okay. 04-440 is the resolution number on Item H. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the notation of H, resolution number 04-440. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Meridian City Council August 10, 2004 Page 5 of 43 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. City Council Member — Shaun Wardle 1. Update on Golf Course Standards: De Weerd: Thank you, Mr. Clerk. Item 7, Department Reports. We will begin with A, Councilman Wardle. Wardle: Thank you, Madam Mayor. This is just a short report, follow up from the meeting we had about the golf course. The Mayor and I have met, along with counsel, with a representative of Cherry Lane Golf Course, Cherry Lane recreation, and are moving forward in discussing standards and the condition of the course and that's just my very brief report, unless you have anything to add, Mayor. B. Finance Department Update on Police Department Property Tax: De Weerd: Thank you. Item B is from our finance department. Stacy. Kilchenmann: All ready? I missed the question. Okay. I've had some discussions with Bud Way from Wells Fargo about these different financing options and we, basically, have three options. Option number one is -- well, we have four options. Option number one is to do nothing. Option number two is to call the bonds early. And, then, options one and two that he gave you on the schedule are two different refinancing options. My recommendation would be -- well, the one that makes the most sense, just from a cash flow, is to call the bonds earlier, which means that in 2007 we would call the -- we would call the bonds and the present value of the properly tax we pay would actually be less than the property tax -- or the cost loss we get from the present value of financing. But the down side of that is we have to come up with like 2.1 million dollars in cash and if we are saving for a City Hall, that might not be the way we want to spend the cash. So, between the two refinancing options, the difference between them is one option increases the payment per year, but keeps the maturity the same. The other option keeps the payment the same, but increases the life of the lease agreement. And if you take -- to really get down to the nuts and bolts of it, if you take the present value of the net difference in the payment to the end of the maturity of the bonds, you have 128,000 dollars -- will be worse off than we are today, but if you look at the property tax, we would pay 276,000 dollars in property tax to the maturity, so we would be really better off to do the refinancing option number one. And the reason that our payments are higher is because we will have to incur bond issuance costs again, we have to go Meridian City Council August 10, 2004 Page 6 of 43 through those costs. We have to pay the disclosure agent. We have to pay the rating agent. We have to pay for the official statement of disclosure. We have to pay attorney fees. Well, that will come to about 43,000 dollars. But what they have done -- last time we did this we paid those costs outright, but in this schedule they have just rolled those all into the payment, like refinancing your house when they roll the closing costs in. And the interest is just -- it's a little bit higher than we have now. So, I guess it really boils down to do you want to keep the cash on hand for the City Hall and, basically, keep the police payments the same as they are -- they go up like four -- 5,000 -- 8,700 dollars annually or do you want to just call the bonds early and come up with the cash? De Weerd: I guess, Stacy, if we do the refinancing, my only question and is -- and maybe is to the city attorney -- we want to make sure if we do that, we actually will not continue to pay property tax. Kilchenmann: That is a question for the attorney. That would be something for Rick Skinner, because I can't -- both Bud Way and I talked about that and neither one of us can give that final decision, it would have to come from the attorney. If we did do this, though, we need to decide fairly soon, because interest rates are going up and we can -- we are probably locked into this interest rate for about ten days from yesterday. De Weerd: Okay. Well, Stacy, I guess I would ask that you contact Mr. Skinner and, Chris, if you can touch base with Mr. Nichols and -- so we can get an opinion on that, we can re -discuss it or readdress it next week and give you direction at that time. Kilchenmann: Okay. Do you have any feeling -- say that the property tax -- that we are fairly guaranteed we are not going to have to pay the property tax, do you have a feeling anyway of which way you would want to go? De Weerd: Council? You have no idea what direction you want to go? Bird: Not at this point. Kilchenmann: Because I would recommend that we finance and keep the cash on hand for the city hall would be my recommendation, so that we don't have to do -- that way we have the cash, we don't have to go through a finance vehicle like this, we don't have to do judicial review, that kind of thing. De Weerd: I think probably the answer from the attorney and Mr. Skinner will kind of set the tone for that decision. Kilchenmann: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 10, 2004 Page 7 of 43 Bird: That's what I would say, that I -- and, Stacy, I agree with you, that that's probably the best way, but let's make sure that all the bases are covered before we make a decision on that. Kilchenmann: Okay. Maybe we should have the attorney contact Rick Skinner, in case I -- so it's like attorney to attorney. Bird: Yeah. Bill needs to talk to -- Kilchenmann: And let me know. De Weerd: Okay. Kilchenmann: Okay. De Weerd: Thank you, Stacy. Kilchenmann: Anymore questions on that one? De Weerd: Anything further? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a question. Is that an action item for Stacy or is that an action item for the Mayor to talk to counsel and have them talk to bond counsel? So, we make sure that it gets done. Is that something Stacy's going to do or is that -- De Weerd: It's something Chris is going to do. Rountree: Chris is going to do? Okay. De Weerd: And, then, the decision ultimately needs to be made next week, yes, to lock in the interest rate if we refinance. Stacy: Yes. And I will check and make sure that's enough time, since the rates did go up today. But I'll get back to you tomorrow. C. Police Department — Chief Musser 1. Traffic Safety Commission Recommendations by Captain John Overton: De Weerd: Okay. Thank you, Stacy. Thanks, counsel. Item C is from the police department. Captain Overton. Meridian City Council August 10, 2004 Page 6 of 43 Overton: Good evening, Madam Mayor, Members of the Council. I'd like to start off representing the Meridian Traffic Safety Committee by thanking you once again for updating the traffic ordinance, because in May 18th of this year we were able to get to a quorum, which is the first time in many many months. Unfortunately, that was the last meeting before the summer hit and we haven't had a quorum since. But with that being said, we had a lot of projects we are working on in the committee, most of them dealing with engineering aspects or safety aspects on our roads. In the minutes from the May 18th meeting we mentioned a couple of them that were very pressing with the school year starting. One of those was we were requesting a crosswalk at Black Cat and Moonlake. We have a stretch of Black Cat Road that has no crossing of any kind for students and we have a very large development to the west of Black Cat and all those kids have to cross that street every day to get to Ponderosa Elementary. Moonlake was the best -decided location and, of course, this is with ACHD in attendance at this meeting. The second issue we had was the second location, which is a four way stop at Ten Mile and Ustick that currently has no crosswalks in any direction and we wanted two crosswalks in that -- one on the southeast corner of Ten Mile and Ustick -- both of them converging on the southeast corner of Ten Mile and Ustick, one running north - south, one running east -west, so we could get the students again from those two subdivisions safely across the street at a four way stop. Other than those two that we recommended in that May 18th meeting, we have a lot of other projects that we have been working on. One of the main ones -- and I believe -- even though we did not have a quorum, ACHD is at least telling me they are going to get this done, is we are looking at a four-way stop at East 2nd and Idaho, which is mainly due to pedestrian traffic, not vehicular traffic, but pedestrian traffic in relation to the Boys and Girls Club. We also have a yield sign and not a stop sign at East 3rd and Idaho. We are trying to get that changed to a stop sign and, hopefully, if the numbers warrant, again, the pedestrian traffic to a four-way stop as well for the Boys and Girls Club. With the school year approaching we are also working very closely on a couple of issues. One would be -- and, again, this is -- we are kind of facilitating this in the committee. The Meridian School District has moved their bus barn over on Franklin Road and they are going to be getting over 200 buses out onto the road between 6:00 and 7:00 o'clock in the morning with no traffic control. Admittedly, they didn't foresee this going to be an issue, but it's apparently going to be one and we are trying to facilitate with ACHD and the school district on a best solution. There isn't one yet on that one. It's probably going to be wait and see how bad the problem is before we get it fixed. The second one is a little higher priority and has to do with getting students safely to the new Sawtooth Middle School that opens this fall. The issue there is the school will open, but most of the students that are going to have to walk to that school that live to the south do not have a safe path to get to that school. The road on Linder is very narrow, you have an irrigation canal crossing, there is no sidewalks, there is no crosswalks at Ustick and Linder, and we are trying to, again, work as a facilitator with the school district and ACHD on either safety busing and getting this program approved by the State Board of Education or ACHD putting in temporary sidewalks and trying to improve that intersection before school opens. But those we are facilitating. The ones we are really Meridian City Council August 10, 2004 Page 9 of 43 asking for your approval on would be the crosswalks at Black Cat and Moonlake and, then, the two at Ten Mile and Ustick to help get the kids across the street safely. De Weerd: And, Captain Overton, at that point, then, I would write a letter to ACHD? Is that the order of things? Overton: That sounds like an excellent order, Madam Mayor. De Weerd: Or you would draft a letter and I would sign it. Overton: I can do that. De Weerd: I kind of like that one better. Council, I would give an update -- or, Anna, on the Sawtooth Middle School. They have authorized safety busing on that, as well they are moving forward to paving a temporary sidewalk along the east side of Linder and finding an alternative route to get the kids down Linder and I think they were going to contact Nampa -Meridian and take them down the irrigation canal up to Ustick and, then, that direction. Gary, is that correct? Okay. And that -- there is a time span before that temporary pathway is going to be put in, because ACHD will have to install it themselves and right now they are doing the chip seal program, so the safety busing will commence when school begins and the path will be done sometime late September, October. Okay. Do you have any questions of the Captain regarding the recommendations from the Traffic Safety Committee? Rountree: Madam Mayor, I have no questions in terms of procedure, just consensus from the Council on those recommendations or do you need a motion or -- De Weerd: I will need a motion authorizing me to sign the letter that Captain Overton drafts. Rountree: So moved. Bird: Second. De Weerd: Okay. Its been moved and seconded to approve the recommendations from the traffic safety committee and to authorize the Mayor to sign a letter to ACHD. Any further discussion? Mr. Clerk, you may as well call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. D. Parks and Recreation Department — Doug Strong Discussion of New Fees and Fee Increases: Meridian City Council August 10, 2004 Page 10 of 43 De Weerd: Thank you. Any further questions for Captain Overton regarding the traffic safety items that he has brought up? We appreciate your update and, hopefully, we can all work together with ACHD on the bus garage issue. Okay. Item D, Parks and Recreation Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. To start with, I'll refer to a memo from July 16th from Bill Nichols that we will relate to the question of -- regarding fees charged by the Parks and Recreation Department for events like Barn Sour and the in-line skate competition that was held last month, for a category that we refer to in- house as special events. The question was that fees for such events had not been through Council at that point. So, we don't -- we don't currently have a set fee structure for such events, but in Mr. Nichols' response, in looking at his recommendation, our intent is to develop a fee schedule for all our fees that we charge in the department and include a generic category for like special event activities that would give a range for when we are creating a special event that a fee could be charged within a range. And bring that forward to the Council for approval, which is typically done annually. I understand that it's been almost two years since you have had a fee schedule in front of you to approve for our department, so it's time to do it in an update or fee schedule. None of the fees that we have been charging for the typical events that occur year to year have changed, so it would be the addition of these new fees. We will review before we bring a fee schedule forward whether there is any fees that we would be recommending to increase. At this point we don't anticipate any of that, but we will review that also at that time. Then, during the course of the year the only fees that we probably would probably be bringing back to Council would be if we complete the shelter at Bear Creek Park, as an example, and we are going to reserve that shelter for different groups, we'd have to bring that before you like we did last year with the shelters that we added in this last year's cycle for your approval and such. So, we are behind on getting that up to date and we need to update it and bring it back to you. And Mr. Nichols' recommendation is a good one and what we will choose to follow if you agree. So, with that I'll stand for questions. De Weerd: Okay. Any questions from Council? I guess, Doug, it's always nice to hear from the recreation program on the upcoming schedule, so it's -- I always found it of interest and that's where we can catch some of these fees, but, Council, there will be occasional events that I guess we could bring them through on an individual basis as the new program comes up. Mr. Wardle. Wardle: Madam Mayor -- and I believe that's what the department is asking for. With -- on the recreation side, Kathleen is out looking for new activities for Meridian and they don't always fall into our set fee schedule and so if we could agree that those kinds of activities could be done on a case-by-case basis, it would be beneficial for the department. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council August 10, 2004 Page 11 of 43 Nary: And I would agree -- I would agree with that. There is a cost, of course, to publishing all of these notices for fees and so, you know, the less you can do the individual ones the better and it's best to do it all at once and to leave that category like you were talking about, about special event type of activities, because I know each year some of them are going to change, but that way you wouldn't have to always bring them each individually, so -- but, otherwise, that's fine. Strong: Madam Mayor, Members of the Council, we know now with this year's history that we have a couple of events that we'd like to make annual events, say I think that we can put that in a category that gives, per Mr. Nichols' recommendation, kind of a generic range, if that's appropriate. And we will look at that. I think it was a ten -dollar fee, as an example, to participate in the in-line skate competition and whether we want to set a fee like that as a solid fee may be the most appropriate thing for an event of that nature. Or to create a range for other special events that we might create throughout the year that would -- if we -- it can be less than or more than within this range, might -- as we go through the year and have the opportunity to offer the community other activities, to be able to fit that in without coming back with each -- each activity. In cases like where we are adding a shelter or there is specific things that come up during the course of the year because of the completion of construction or other -- other things that go on in the department that we need to come back with a fee structure, I think it would be appropriate to do that for each of those. But we will anticipate as much as is possible what will be on the schedule for next year and bring that all in one schedule, so that you can look at them all together and, then, approve them in one resolution. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just -- I believe that you will see -- we are anticipating the potential for some events and so that within range you might see things that we haven't done in the city before. Am I correct, Doug? For example, putting together community events, which may require booth space, such as a farmers market or something like that, arrange for that that we can look at year to year, I believe, are some of the ideas we have talked about. Strong: Madam Mayor, we have also in the last month's commission meeting discussed permits for such activities as concessions in parks, amplified sound in parks and, then, a special event permit that a group would want to hold an event in the park, that they would actually come in and get a paper permit and that will be one package of new fees for permitting certain types of events in a park, which we are getting more requests for, people that want to sell concessions around the event, where they want to hold a special event in the park and there is some additional requirements that go along with that. The recent in-line skate event that was amplified sound involved that and since we sponsored the event, we didn't require any kind of permitting for that, but if a group wanted to come in and use the skate park and host an event and have amplified sound, Meridian City Council August 10, 2004 Page 12 of 43 there should be a permit for that, so that we can regulate the decibel levels around the park and things like that that keep the neighbors happier, so -- and there will be fees attached to those permits. We will bring that forward as well. De Weerd: And you're currently -- is that under development, then? Strong: My request to staff is that we develop this to have it on a Council agenda either in September or October, so it would fit. The best way for us to remember to do this every year is to fit it around the fiscal year cycle, I think. So, that's what I'm proposing at this point, so that we remember to come back with a new listing of fees or an update of fees at some interval in the year that makes sense to the rest of our budgeting process. De Weerd: Thank you. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would just encourage that you keep the structure as generic as possible. It doesn't seem to make sense to me that as you add structures or shelters to parks that you would have to bring those individuals structures to the Council to reestablish a fee. It seems to me a use fee for a park structure could be pretty generic and wouldn't require a specific hearing and that sort of thing, but -- anyway, I'd just encourage you to keep it as generic as you can. As far as the permits go, that's -- I think that's another piece that probably ought to be viewed separately than the fee structure. Strong: Okay De Weerd: Thank you. Any other questions or comments? Thank you, Doug. Strong: Thank you. E. Mayor's Office 1. City-wide Strategic Plan: De Weerd: Item E is Peggy is still working very diligently to get the city wide strategic plan that -- we had our last plan submitted just yesterday and maybe even this afternoon, so I think I saw them on the photocopier, so I don't have a report for you all. You will be getting those in your boxes. You should notice in the strategic plan this year we have taken the 13 challenge areas into graded -- a chart on which departments have some responsibility, strong some what -- or some what responsible and those that no one took responsibility for were dropped off the priority list, because they were not priorities at this point and so those have all been integrated into the department strategic plan and you will be getting those, like I said, in your boxes. Anna, do you have anything you would like to add to that? Meridian City Council August 10, 2004 Page 13 of 43 Canning: Madam Mayor, Members of the Council, just a little bit of explanation about those challenge areas. What we discovered when we went to look at our kind of mid year reporting was that in looking forward to this year's strategic plan is that no one had ever gone back to look at those 13 challenge areas and to say, okay, how are we integrating these into our individual plans and that's -- the chart that you will see was a working document, kind of, for us to say, okay, who takes care of this -- you know, either has -- a big part of their job is to take care of this or a little part of their job is to take care of this and, then, in those cases where no one was taking care of it at all, we made sure that it got assigned and put into the individual strategic plan, so it was just -- it was a step that was missing in the previous iterations of the strategic plan that we tried to clean up this time around. De Weerd: And we tried not to assign too many to you all, so we'll see where that all falls out. Any questions? I guess I'll ask that after you have seen them. Thank you, Anna. Item 8: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. Item 9: Approve Amendments for 2004 Fiscal Year Budget: De Weerd: So, we will move to -- Item 9 is to approve the amendment for 2004 Fiscal Year Budget. Kilchenmann: For the 2004 budget amendment, I put some backup documents in front of you. What I did is because when we do these final notice ones, everything is so rolled up, so the backup documents explode every one of the net numbers, so that the first one that says amendment proposal behind the hearing notice where it's all in red, those are the revenues exploded so you can see the detail that make up each of those net revenue numbers and, then, there is another schedule that just says FYO4 budget amendment and those are all the expenses and the capital outlay exploded, because these net numbers hit so many different accounts. And they are all the same items that we talked about last week or the week before and we talked about each individual item. De Weerd: So, you integrated the list you gave us last week and this is the final -- Kilchenmann: Yes. I think it's more comprehensive. It's easier to read. De Weerd: Okay. Council, do you have any questions on this item? Okay. Hearing none, do you want to go ahead and move on to the next agenda item? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 10, 2004 Page 14 of 43 Bird: Don't we have to -- I don't think we officially -- do we officially approve this? Berg: Madam Mayor, you need to approve it, so we can publish it -- Bird: That's what I mean. Berg: -- and so we have the Public Hearing. Bird: And we do it one at a time. Berg: Yes. They are two separate items. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we accept the FY04 budget amendment proposal as published. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the 2004 Fiscal Year Budget Amendment. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: Approve 2005 Fiscal Year Tentative Budget De Weerd: Thank you. Item 10 is Stacy as well. Kilchenmann: The FY05 Tentative Budget. This is -- again, this is the net roll up of all the individual items that we have discussed. There are two changes since our budget hearing. One of them is the addition of 50,000 dollars for Lochsa Falls, which if there are any questions I'll refer to Mr. Wardle. Then, we had a miscalculation in rent for Planning and Zoning, which required an addition of 8,000 dollars and Anna is prepared to grovel if necessary on that one. De Weerd: Or you can ask Mr. Wardle as well Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Stacy, those are the only two changes? Meridian City Council August 10, 2004 Page 15 of 43 Kilchenmann: Yes. Wardle: If I could just briefly discuss both of those changes. The first one for Lochsa Falls for 50,000 dollars was discussed in the last parks commission meeting after the budget hearing and so in that -- but in that commission meeting we heard from PAL Soccer, who we are partnering with, to develop this park, one of the things became apparent as we had discussed in an earlier Council meeting with regard to the final plat of the property and when the -- essentially, curb, gutter, and sidewalk would be placed on that. As you will remember, the City Council allowed that to be bonded for from the developer's standpoint and we'd decide what to do with it at the city level later. PAL is prepared to try to open that park by September of 2005 for their playing season and the additional 50,000 dollar expenditure, which is offset by park impact fees, would be for the city to pay for their portion of curb, gutter, and sidewalk. That is not a hard bid number, that's a budget number, and so that would be the reason I would request -- or the parks department is requesting the 50,000. De Weerd: I would also add to what Councilman Wardle has said, is this is the same approach we had at Meridian Settlers Park with the partnerships we have there with both Adventure Island Playground and Meridian Youth Baseball. So, this doesn't deviate from how we have approached any of our other partnerships. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Wardle, what is the total city impact on Lochsa Falls now? Is it 200,000? Wardle: Mr. Bird, I do have current figures. The number 183 from fiscal year -- Kilchenmann: I could go look it up. De Weerd: Mr. Strong, do you know off the top of your head? Bird: Just in -- I think you had 150 for -- it's 200,000 now. And what kind of -- our generic deal, what kind of use are they going to have priority use of the deal for all year or for six months or -- De Weerd: Mr. Wardle. Wardle: Mr. Bird, we have got right now -- before the Parks and Recreation Commission a draft agreement that's gone back and forth between the attorneys for that -- that agreement with PAL Soccer. To explain a little bit of the urgency, we have not spent the money that you -- that you have discussed from fiscal year 2004 has not been spent, that's for master planning documents and that will roll over into -- to be able to be spent, but PAL is on a time line now with their fundraising efforts and, obviously, some Meridian City Council August 10, 2004 Page 16 of 43 of the urgency they have is they need some playing fields for next -- for 2005 and so they are prepared to move forward with their financial contributions and you will see, hopefully, shortly, an agreement that will outline all of those things and I don't have the specifics for you right now. Bird: Okay. Thank you, Shaun. Appreciate it. That's all I had. De Weerd: Thank you. Thank you, Stacy. Oh, Mr. Wardle, did you have something further? Wardle: Just on the other item, Madam Mayor, if -- Kilchenmann: I think we should make her grovel. Nary: That's what I'm thinking, too. De Weerd: She's ready. Wardle: Anna had a miscalculation in her increase of rent and asked me how to proceed. I suggested that she bring something forward to the Council this evening for an amendment for you to look at, so -- Canning: I'll go quickly. Our current lease is for 29,000 dollars and it's approximately 1,800 square feet and I think, in all honesty, that Public Works subsidizes this partially, because I don't think we are -- well, I mean the building department. Excuse me. Because I think that we are not paying for the portions of the hallway and the common areas that is being -- that are part of the lease agreement and we do pay about 16.50 a square foot and that's our current lease and the enhancements -- when I originally drafted them, we thought we were going downstairs next to the building department and the space I requested was 8,208 dollars for each new planner, for a total of 16,416 dollars for a lease. It also had a request for a large copier, since we were getting separated from Public Works, but we later removed that, because of an opportunity upstairs. So, when we were -- when we were looking at going downstairs, I had calculated it at about 2,340 square feet. That was probably an underestimate. I didn't understand that in these leases you also pay for bathrooms, the hallways, and those areas. So, that was a learning curve on my part for this whole lease thing. The first time I have ever signed a commercial -- or looked at a commercial lease. So, the office upstairs, the insurance agency moved out and so the opportunity came open for the City of Meridian to take over the whole upstairs floor, seemed appropriate, it provides more ability for Planning and Public Works to work with one another and we do go back and forth to one another's offices all the time. So, it kept that relationship there. When the lease came in, it had 3,371 square feet on it and I was a little bit floored. I think what happened was my initial calculations were off by about 500 square feet and, then, these common areas added the other 500 square feet and that's where the big discrepancy came through. I also am asking them to make some tenant improvements upstairs. They have agreed to do that, so that it will function for my office. They set the Meridian City Council August 10, 2004 Page 17 of 43 initial price at 16 dollars a square foot for the first six months and, then, going up to 16.50 for the next six months. So, its, actually, a better rate than what we are paying now for those new areas. And so the additional funds I needed are actually 9,400 and I think the number that's in there right now is 8,000, so -- De Weerd: So, you had commercial leasing 101. Canning: Yes, ma'am. The hard way. De Weerd: And I guess I would underscore that the lease -- and this gives a great argument for a new City Hall and the justification for it, but when and if that City Hall project happens, that lease will allow you to move out; correct? Canning: Correct. The way it's written currently, it's kind of a sub set of the original lease, which did have the termination clause if there was a City Hall built. So, I compared it, knowing now that I don't know much about these things, I made sure that Gary looked at it for me and he compared it against the lease that was done for the building department and it's the same that was done when the building department expanded into the downstairs area. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that lease -- and Gary can say it, but I think they are funded out, aren't they -- funded out leases, if the Council does not fund it the next year, you're automatically out, so that's something that all municipalities have to enter into, unless you do like we did with the police department, so I'm sure that's the way that it's written, so we are okay there. Canning: Gary has replied in the affirmative to your questions, Mr. Bird. De Weerd: Any other comments or questions from Council? Thank you, Anna, Mr. Wardle. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question for the city clerk. We set -- we need to approve this and send it forward, but we have already set the Public Hearing date, haven't we, of August 24th? Is that what it is? Berg: Madam Mayor, Members of the Council, we set the date of August 31 st. Bird: Oh, the 31st. Okay. Meridian City Council August 10, 2004 Page 18 of 43 Berg: I'll have to look. I think it's 6:00 o'clock. Bird: I was just trying to get a Tuesday off. Berg: But that had been set before April 30th. Bird: Yeah. That's right. Berg: And we have to approve a tentative budget, so that we can publish it in the newspaper for the Public Hearing to be noticed. De Weerd: And we did have some discussion on that today at the director's meeting. Since our budget workshop, we thought brevity should be the flavor of that workshop. They would like to highlight some of the department's accomplishments and milestones met over that budget year, so the budget presentation will include some of those milestones. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I move that we send forward the fiscal year 2005 tentative budget to be published. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the 2005 Fiscal Year Tentative Budget for publishing. Mr. Wardle. Wardle: Madam Mayor, I just want to check with Stacy that the number for Planning and Zoning is correct at the 9,363 dollars. Kilchenmann: No. The number that's been added is 8,000 dollars, because that was the number we were given last week. So, I guess Anna will be cutting back someplace. Either that or we will have to do an amendment next year. Bird: That's what we will do. De Weerd: Okay. Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council August 10, 2004 Page 19 of 43 Item 11: Tabled from August 3, 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: De Weerd: Item 11 was tabled from August the 3rd, 2004, on FP 04-038. We will start with Anna. Canning: Madam Mayor, Members of the Council. This is a final plat for 30 lots in Tricia's Crossing Subdivision, also known as Autumn Faire Crossing Subdivision, so there are two names for this one. I think we recently looked at some of the park issues associated with this. This project is west of Ten Mile between -- and south of Ustick, to refresh your memory. This is the approved preliminary plat. This is the final plat. And as you can tell, they are in substantial compliance with one another. The applicant is in the audience and he's indicated that he is in -- what do I usually say? He's in agreement with the conditions of approval. There we go. Staff is recommending approval of this final plat. De Weerd: Okay. Council, any questions for staff or the applicant? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion on this item, then. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 11, FP 04-038, final plat for Autumn Faire Crossing Subdivision. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 11. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Tabled from August 3, 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: Meridian City Council August 10, 2004 Page 20 of 43 De Weerd: Thank you. Item 12 was tabled from August 3rd for FP 04,044. Anna. Canning: Madam Mayor, Members of the Council, this is a final plat for five commercial building lots. I'm going to go to the site plan to give you a little better idea of how the property is laying out. There is -- there was one challenge with the final plat associated with this. The preliminary plat showed landscaping within an easement for an irrigation facility on the west side of the property and Nampa -Meridian was not going to allow landscaping within that easement, so we did work with the applicant on an alternative compliance. They have relocated all the trees that would have been located in that easement to the other portions of the property. They will still be able to fit in one little tree right there, because for some reason the easement isn't right there and as part of that alternative compliance they are going to build a new fence for the first two properties, so it will go to about there. The first property, the fence is -- has a varied top to it, so it's not six feet at all height and it also has several knot holes that have fallen out over time and there is a driveway proposed -- a drive-thru facility proposed that would enter this way. So, we are concerned about lights going through. So, the applicant has agreed to build that fence. And, then, the second residence here doesn't have any fence at all, so they are going to extend a new fence to the edge of that second property. And with the alternative compliance, this plat is in substantial compliance with the approved preliminary plat and staff is recommending approval. I believe that the -- I talked with the applicant earlier today and they are in agreement with the conditions of approval. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you, Anna. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 12, FP 04-044, final plat for Lynnwood Plaza Subdivision. Bird: Second. De Weerd: It's been moved and seconded to approve Item 12. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: FP 04-049 Final Plat approval for 50 single family residential building lots and 15 common lots on 21.16 acres in a R-4 zone for Saguaro Canyon Estates Subdivision No. 1 by Farwest, LLC — north of East McMillan Road and east of North Meridian Road: Meridian City Council August 10, 2004 Page 21 of 43 De Weerd: Item 13 is FP 04-049. Let's start with staff comments. Canning: Madam Mayor, Members of the Council, this is the first final plat to come in for the Saguaro Canyon Estates Subdivision. The plat is the southern most portion of the approved preliminary plat where it connects to Ustick Road -- McMillan Road. Sorry. And this is the only -- you may remember this discussion from the preliminary plat, but this is the only portion of the property that can -- currently has sewer available to it. They will have to bring in a trunk line from the west to serve the remainder of the property. The plat includes 50 single-family residential building lots and 15 common lots. Just to clarify, this is not an open space lot, this is a single family house. They do, however, have significant landscape features coming into the property and, then, up the kind of front collector road in these locations, but that is an existing single family home that will stay there. The plat is in substantial compliance with the approved preliminary plat and staff is recommending approval of the plat. I did speak to the applicant before the hearing and he has noted that he is in agreement with the conditions of approval and he gave his proxy to Mr. Brown if the Council needs to ask any questions. De Weerd: Council, any questions or comments for the applicant? Bird: I have none. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 13, FP 04-049, final plat for Saguaro Canyon Estates Subdivision No. 1. Bird: Second. De Weerd: Okay. We have a motion to approve Item 13. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Now, we have entered the Public Hearing part of our agenda. By ordinance we ask that all those that are wishing to provide testimony on Items 14 through 18, that you are part of a swearing in process, so anyone who would wish 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 14: Public Hearing: AZ 04-015 Request for Annexation and Zoning of 1+/ - acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: Meridian City Council August 10, 2004 Page 22 of 43 Item 15: Public Hearing: PP 04-020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1+/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: Item 16: Public Hearing: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. — 2490 North Locust Grove: De Weerd: Thank you. Okay. I will open Items 14, 15, and 16, Public Hearing AZ 04- 015, PP 04-020, and CUP 04-022. We will open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is -- it's, actually, a rezoning request, rather than a zoning request, and I will get into more detail on that issue, but the property is an in -fill property. It's a little over an acre in size, located on the east side of Locust Grove Road north of Fairview Avenue. As you can see, it's pretty much surrounded by residential development and there is an existing home on the property. There it is. Sorry. The proposal is to provide -- to have a preliminary plat that divides the property into one office building lot and, then, six residential lots. These would be attached units here. The entrance to the site -- there would be a single entrance, it would come -- this would be a private street to this location and, then, kind of becomes just a hammerhead turnaround for the fire department, so that they can get in and out, as well as trash. So, this portion of it would be built to the standards of a private street. They will be putting a sidewalk -- our private street standards require a sidewalk on two sides. Staff is in support of the applicant's request to just put a sidewalk on the side nearest the office and forego the sidewalk on this side. The reason staff is supportive of that is they have gone to great extent to preserve some beautiful existing trees on the site and you will see them on the site plan. These are all existing trees that they are keeping. It's such a small project that staff didn't really see any benefit to having a sidewalk in this open space area and it helps to preserve the trees. This application also comes forward to you as a planned development and as part of that, the amenities for that planned development; they are proposing 30 percent open space. And, again, that's this large open space area and they are also proposing a picnic table in that area. So, those are the amenities. What they are asking for is three different deviations. One is to reduce the minimum lot size from 4,000 square feet to 3,946. So, it's a 54 square foot reduction in lot size for the attached residential units. They are also asking for a reduction in frontage from 30 feet -- the smallest that they have is 41 feet. So, again, it was -- as you come in, this becomes kind of part of this private street and so it is providing frontage. It is the hammerhead. And so the smallest amount of frontage they have on that private street is 31 feet. And the last request is the reduction in the drive aisle width to reduce it from 24 feet to 20 feet for a private street. What they have is they will have the 20 feet and, then, an additional 20 feet for most areas where -- as kind of a parking apron, but there will be in most places actually 40 feet of concrete or Meridian City Council August 10, 2004 Page 23 of 43 asphalt to serve this private road. Did want to point out that we saw a lot of site plans for this -- I think we saw three or four. It was a very tricky site for them to come up with a suitable development and I think the one that you're seeing tonight by far exceeds the others as far as having -- preserving the existing trees, preserving the home, and providing a nice little residential community. These are an idea of the attached houses that they are looking at, so they are -- this is the existing home. I think there is a few shots of the existing trees. You can see some of them there. The Planning Commission did hold a Public Hearing and they have recommended approval of this application with some changes and I will try and go through some of those discussions and changes that were made. Dave McKimmon represented the applicant and testified in favor of the application. The key points of discussion were SSC's concern about trash pickup on the site. They have addressed those concerns. We do have a site plan that's been stamped or signed as approved by SSC. The building material compatibility between the existing brick structure and the new town -homes, at the Planning and Zoning Commission they basically decided that they -- that they'd work to bring the two of them together. They didn't want to require that the houses be made of brick. There might be some other unifying factors, rather than the brick, that would tie the two together. And, then, the width and configuration of the private street and internal sidewalk and I tried to lay out some of those concerns and the resolution to those already. The outstanding issues before the Council -- we do need to have a corrected date for the revised plat of July 23rd, 2004. The applicant, I believe, has already submitted the three copies of the revised preliminary plat. So, I think we are okay there, was my understanding, is that we did not need another revised plat. The other outstanding issues were related to the fire department and the need to add a new fire hydrant and upsize the water lines to eight inches. Mr. Hood just wanted to point out that this will remain a condition of the project, even though it is not reflected on the revised plat. And, then, on the private street the revised plat noted does not comply with the latter part of site-specific condition number two, the preliminary plat to show a street profile. And, then, that should be reflected on the revised plat. The rezone notice -- oh. Okay. I will do my best here. This property was actually annexed as part of Chateau Subdivision. The applicant submitted an annexation and zoning request, thinking that it was still county property. Staff didn't catch that error until late into the process and they decided to take it forward to the Planning and Zoning Commission hearing. The application form you send out is exactly the same for a rezone as it is for an annexation and zoning. The procedural requirements are exactly the same for one another, our review criteria is exactly the same for one as it is for the other. So, there would have been no procedural or evaluation difference whatsoever in how this was done. Their application was for R-8 zoning. It's already zoned R-8, but we did ask them to submit a new annexation request for the office portion. This office was originally being done as a 20 percent use exception of the planned development. We have asked people to, actually, rezone those properties, so that the use is in compliance with the zone and we don't have to keep track of these use exceptions over time, that they have the proper zoning when they need to sell and things like that. So, we asked them to resubmit — or to submit an application for just that zone and they have done that is my understanding. So, we have the proper forms in place, we had intended to notice it properly for you all as a rezone, rather than an annexation and zoning. As sometimes is Meridian City Council August 10, 2004 Page 24 of 43 the case on these unusual things, we missed it when it actually came time to notice, so we did notice it once again as an annexation and zoning request. However, coordinated with the attorneys office and we still feel that it's appropriate for the City Council to act on this, given that the criteria and the forms are all the same. And with that I will end staffs presentation. De Weerd: Any questions from Council for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? Do you have any comments. If so, you need to step up to the microphone. Please state your name and address. Hobbs: My name is Chris Hobbs, I'm with Pinnacle Engineers at 12552 West Executive. De Weerd: Thank you Hobbs: And to point out a couple of things. On the unifying features between the new townhomes and the existing house, the -- they are going to update the existing house, the exterior of it, so that it matches the townhomes that are going to be going in there. And also to point out besides the trees that are going to be preserved in the open space, currently there are two access points, there is kind of a circular driveway and it goes in there and so that will also be reduced to that one access point and that's the comments that I have at this time. If you have any questions, I would be happy to -- De Weerd: I guess I just have one. When you said that they were going to update the current home -- Hobbs: Existing home. De Weerd: And, then, you said hopefully. Hobbs: Well, with your approval, of course. De Weerd: Okay. I was just wondering if that was in question. Hobbs: No. De Weerd: Okay. Thank you. Any questions from Council? Canning: Madam Mayor? De Weerd: Yes, Anna. Mardian City Council August 10, 2004 Page 25 of 43 Canning: I'm trying to review that -- that note from Mr. Hood that says we need the applicant to submit three copies of the second revised preliminary plat and I think I was misunderstood and that we do still need to have those copies to reflect those changes. I can't find a plat that shows those. De Weerd: So, the revised plat that you said dated July 23rd, '04, did not have those changes on it? Canning: Correct. And it's just for our files we would like a revised one, so that when it comes time to do the final plat, we have the revised drawings. They are not substantive changes that would affect your approval, at least that would not seem to be, but we just wanted it for our files more. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for the applicant. You have indicated in your presentation or at least the piece that Anna provided for you, an elevation of the possible homes to be built, but there was no indication that that was really what was going to be built there, it was presented as what could be. Can we get something more definitive from the applicant in terms of the type, size, and quality of the residents that would be built there? Hobbs: At this time money hasn't been spent to design those, because we are still in the application process for the preliminary plat, but that is the intention, that -- the actual lots are a little -- are somewhat narrower than what is shown there, so it would be narrower than that, but that style is the intention. So, I believe more could be provided. So far the money hasn't been spent to do those designs, because we aren't to that point in the application process -- the approval process. Rountree: So, I guess my question for the record and your response is is that that elevation is a fair representation of -- or a representation of what will eventually be designed and placed on these lots? Hobbs: That is our belief, yes. Rountree: You also indicated that the existing home would be updated Hobbs: Yes. Rountree: In my mind that could have been a new sink, but what does that mean in -- Hobbs: That's the exterior that would be -- Meridian City Council August 10, 2004 Page 26 of 43 Rountree: And what kind of a design criteria are we going to see there? Hobbs: My understanding of the discussion from the Planning and Zoning Commission meeting was that possibly some -- using the mortar design that's more commonly used in more updated commercial buildings and it's going to be -- the intention -- it's going to be -- the building is going to be used as a real estate office and so especially in the real estate business they need to have that building looking modern. I don't know the exact criteria that will be in place, but -- Rountree: Thank you. De Weerd: Any further questions from Council? Okay. Thank you. Is there anyone wishing to provide testimony on this application? Staff, do you have any further questions or, applicant, any further comment? Okay. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Anna, could you show the -- show just the location, that aerial you had? So, the notice -- the issue about the issue of rezone versus annexation, that same annexation notice went out to that 300 -foot radius anyway? Canning: Correct. Nary: Okay. And no one came to the Planning and Zoning Commission either; it would appear, to have any objection to this? Canning: No, it wouldn't -- it doesn't appear that way. Nary: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question -- I guess a clarification. Even though this is an annexation and zoning hearing, the property in question already is annexed into the City of Meridian and zoned an R-8? Canning: Correct. Rountree: That's correct. My question, I guess, for staff is how do we get a parcel like this sitting out there like that, that was annexed as part of the adjacent subdivision and there was no provision made in the final subdivision plat to make a connection to this Meridian City Council August 10, 2004 Page 27 of 43 parcel, so it, essentially, looks like it's an enclave, but is not, and I guess -- you probably can't answer that, because it's probably happened enough years ago that there really isn't an answer. Canning: Fortunately, yes. It was not on my watch, so I can disclaim any knowledge, but I do want to assure the Council that we are being much more dogmatic, perhaps, about making sure that these existing homes get brought into the subdivision, rather than just left as an out parcel and that they are included within the plans for the subdivisions. Rountree: And that's a perfect seg -way into my comment was I hope it doesn't happen again. Canning: Yes, sir. Duly noted. De Weerd: Yes. But just to note, there is probably more -- Rountree: There is probably a few hanging out there. De Weerd: -- than just this one out there Canning: Madam Mayor, Members of the Commission, I was searching through the file, because I thought the Planning and Zoning Commission had added some language about reviewing the materials to be consistent with what was presented. I was confusing it with your next application, but if that is something that the Council is concerned about, that these -- that the houses appear similar to what has been proposed tonight, it helps us if that's made clear during the hearing and, then, when those plans come through, we are able to -- to look at them a little more closely and make sure that they are as proposed. De Weerd: I guess to also add to that is prior to commercial use or an office use of the house, can a condition like that be put on? Canning: That the applicant submit drawings that compare the look of both of them? Is that -- De Weerd: Uh-huh. Canning: That could certainly -- sounds like would be consistent with what the P&Z discussed that night also. De Weerd: Okay. Council, any further questions for staff? Any further comments from the applicant? Okay. I have an open Public Hearing. I would entertain a motion to close 14, 15 and 16. Bird: So moved. Meridian City Council August 10, 2004 Page 28 of 43 Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 14, 15, and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or further information needed for Council's consideration? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we are not all going to speak at once, I move that we approve Item 14, AZ 04- 015, with staff, applicant, and public comment. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Item 14. Chris, do we need to specifically note that it's for a rezone or -- Gabbert: Madam Mayor, Members of the City Council, we addressed this at the Planning and Zoning and, again, it was noticed, in my opinion, incorrectly. We discussed it and, then, decided because the zoning and annexation was similar in the notice requirements as we just discussed were the same way, the applicant had complied with the request from Planning and Rezoning and resubmitting and I think it was more of a procedural error on the staffs part for the posting at this hearing, so I think that we can proceed forward, because the procedural requirements were exactly the same. De Weerd: So, the motion should be not for annexation and zoning, but for rezoning? Gabbert: For the rezone. Bird: So moved. De Weerd: Okay. Second agree? Wardle: Second agrees. De Weerd: Okay. And do any of the additions for the look need to be put on the rezoning or is that more appropriate in the CUP or preliminary plat? Meridian City Council August 10, 2004 Page 29 of 43 Canning: Madam Mayor, Members of the Council, if you wanted to add conditions regarding the house, the Conditional Use Permit would be the appropriate application. De Weerd: Okay. For the CUP. Okay. Any further discussion? Mr. Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Item 15, PP 04-020, Secret Garden Subdivision, and to include all staff, applicant, and public comments. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item 15. 1 guess with the revised plat notation of 7123104. Bird: Yeah. De Weerd: And the notation from staff that they need another -- Canning: Three copies of the revised plat. De Weerd: Another three copies. Okay. I'm sure the applicant noted that. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 16, CUP 04-022. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Item 16, CUP 04-022 and this is where the existing house, the conditions on the existing house will be added as per staff and also include the applicant and public testimony. Meridian City Council August 10, 2004 Page 30 of 43 Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Item 16. Mr. Assistant City Attorney, is that enough clarity for you to work with the findings? Gabbert: And this was to include the submission of the comparison between the building materials? De Weerd: Yes. Gabbert: That will be fine. De Weerd: Okay. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C -G zones for Stow -It Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: Item 18: Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C -G zone for Stow -It Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: De Weerd: Thank you. Okay. Items 17 and 18 are public hearings for AZ 04-013 and CUP 04-017. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this property is located south of Overland Road and west of Stoddard Road. It was -- a brief history. It was the subject of an application last year that was denied. That application was for a contractor's yard -- that's what it was for -- oh, and a Comprehensive Plan amendment change to allow that use in that area. The property is currently designated as mixed use on the Comprehensive Plan. As reference points, this is Bear Creek. This is Queenland Acres. This is the Idaho Power substation site. The property is about 13 and a half acres in size and what they are proposing is -- okay. Here we go. This is an indoor -- an indoor storage facility here. There will be a small office up front where the gates are and above that office will be a caretaker's residence. And, then, you have seven storage buildings, I believe -- five storage buildings. Excuse me. Varying in size, but they will kind of funnel traffic down in this direction and, then, kind of looping around in that direction. The applicant has proposed or laid out a possible development of the Meridian City Council August 10, 2004 Page 31 of 43 remainder of the property. At the corner the idea is to have future retail uses in those -- in those areas to facilitate the mixed-use aspect of the Comprehensive Plan as noted. It is neighborhood mixed use, so small retail uses would be appropriate. The reason that the applicant is not coming forward with full plans at this time is because sewer is not available to the property. What they are proposing is to have a septic tank use for -- as an interim use for the office and the single-family residence on the property. Mini storages, one of those uses that kind of works as a good transition use, because it doesn't have a lot of service needs, in particularly in reference to sewer. These are the elevations for the storage structures. This is the main office as you enter and, then, you will see the -- kind of the fencing here that's being proposed. These are the -- they have a full elevation down Stoddard and as you see, they will have a building, you will have a section of fence, you will have building, a section of fence, building, and it -- fairly attractive elevations, actually, for a mini storage facility, to try to carry on some of the character of the Meridian rural character, I suppose. This project does come forward to you with a recommendation for approval from the Planning and Zoning Commission. At the July 15th hearing several people testified. Becky McKay testified in favor of the application. Jackie Reinhart, an adjacent property owner, testified about concerns regarding the landscaping adjacent to her property and the Overland Road access. I can briefly describe that. Idaho Power does have an access agreement along this western border of the property and I believe that the easement is for a full 75 feet. The applicant has been able to work with Idaho Power to provide the landscape buffer in a portion of that easement and, then, still provide them their emergency access. The plan that went forward to the Planning and Zoning Commission was a little different than this one. It had parking for boats and RV storage in this area. It has been modified, so it's just the emergency -- or the temporary access or the access for the Idaho Power substation in this area and, then, we have got the landscape buffer there. Shane Hodgekiss testified with concerns regarding sewer service in the area and, then, again, access to Overland Road and landscaping. And Garrett Harwell, a nearby property owner, testified about the submitted elevations along Stoddard Road and I did show those to you. The Commission discussion focused on sewer serviceability, access points to Overland Road, and as noted before they do have -- this is their primary access to Overland Road for the project. And, then, the Idaho Power Company easement to the west and the landscaping within the easement. The amenities and elevations and overall design of the site. Do we have -- we don't have the amenities. The original application did not propose amenities. The applicant has come up with an amenity for the intersection at Overland and Stoddard that would provide I think a six foot fountain with some seating areas along here, so it would provide kind of a landscape amenity to the future neighborhood center or -- that's envisioned in this area. The key Commission changes to the staff recommendation, there were five of them. They included requiring a two foot wide landscape buffer to the west, as noted before. And coordinating materials to be used with the adjacent property owner. Approving the amenities presented by the applicant at the Public Hearing. And limiting the hours of operation within the development from 7:00 a.m. to 10:00 p.m. And the applicant in their letter, you will notice, that that is the one issue that they have raised. They have asked that the City Council, instead, change those hours of operation from 6:00 a.m. to 10:00 p.m., so that is the one concern that the applicant has with the conditions of Meridian City Council August 10, 2004 Page 32 of 43 approval as stated. There is an outstanding issue before the City Council in that the Hardin Drain -- the application has asked for a waiver of the standard to tile that irrigation ditch. It's here at the south end of the property. They have a berm and, then, the storage units on the other side of that drain. That is something that needs to specifically be granted by the City Council. And, then, did just want to point out that it is unusual for staff to be recommending that the applicant be allowed to use a temporary septic system for the office and the residence. The condition has also been left fairly open to allow them, if they choose, to put in a grinder and a pump station to pump it to a nearby line. It's left open at this point. Okay. Finally, the applicant has submitted copies of a revised site plan and landscape plan reflecting the changes requested by the Commission and that's what you're seeing tonight. Staff is supportive of the revised plans and the date on those is 7130104, so we need to change the date of the preliminary plat. Currently it is May 11th and that should be July 30th, and that date can be found on item number three, page three, of the CU conditions, if that helps. With that I will end staffs presentation. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? Were you sworn in? McKay: No, ma'am. I was late. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? McKay: Yes, it is. De Weerd: Thank you. McKay: Becky, McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'm representing the applicant in this application. As Anna indicated, this property is currently owned by Idaho Power. They purchased the entire parcel, which includes what you see to the south, in order to construct a substation. An application did come before you last year concerning that. The major concerns were, obviously, the esthetics and the particular use, the contractor's yard, the elevation of Overland sitting kind of high and looking down into the property, because it does slope toward that Hardin Drain. When the applicant brought this project to me, one of the things that I stressed to him was the fact that we do have a Meridian community park on the east side of Stoddard Road just south of this property and that, obviously, the esthetics of this corridor along Stoddard Road are going to be important and to construct say an average mini storage facility that appears to be like just a straight wall along Stoddard would not be recommended, that I believe the City Council would like to see something more than that. So, what they came up with -- we have got 25 feet of landscaping along Stoddard, 30 feet of landscaping along Overland Road. ACHD will require that we Meridian City Council August 10, 2004 Page 33 of 43 construct curb, gutter, and sidewalk and pavement widening on Stoddard or trust fund for those improvements. Overland Road will be constructing sidewalk and they have also given us the option of trust funding for that, since Overland is scheduled for a five lane rebuild in 2007. This is a multi -phased mini storage facility. This is a climate controlled building and the office would be on the ground floor. Also in that office would be some retail, which would be packing supplies, tape, ropes, bungee cords, those items that people would purchase in order to move their goods. Above that office would be an apartment and that would be the caretaker for this facility. As Anna indicated, it's mixed use neighborhood, therefore, we felt that incorporating some different components into this was important, in my past experience with Mr. Nary, so we laid out this corner here, interconnecting with this access, showing like a future retail or office. In the development agreement this would not be developable until such time as the Black Cat Trunk heads out and crosses the freeway and goes in a southeasterly direction. But we did want to give the staff a layout and Ada County Highway District, so that they could see how this interfaced with the project and where those access points were located. We have a right -in, right -out here and, then, we have a right -in, right -out there and, then, a full access within the interconnection here and a full access here on Stoddard Road. I'm having mechanical difficulties here. This kind of gives you an idea -- one thing I wanted the architect to provide me was some good elevations to give the Council an idea of what that Stoddard Road corridor and that Overland Road corridor would look like. This particular elevation here is the office and, then, the apartment above and, then, you see the gate. It's very rural. Cute. It has the little cupola, it's got a little clock, and, then, on the elevation of Stoddard, even though this is one building, by oscillating those roofs and bringing them flat here, it makes the appearance that it is not one solid building. So, we had the architect spend an immense amount of time trying to demonstrate to the Council that the character and quality of this facility would compliment this Stoddard Road corridor. And he sent these drawings, we got these this morning. These are computer generated and they give you, instead of just that one dimensional look, a multi -dimensional look and you can see here how those buildings work and here is the flat roof and, then, the trusses there. And that gives it an oscillation and gives it a far more curb appeal than you would normally see with a mini storage facility. As far as the amenity, it was hard to come up with an amenity. We had to think about it for a while. And, then, one day when I was driving by Applebees over at Glenwood and State, I realized if this type of -- De Weerd: If you want to give that to Anna, she can put in on -- McKay: This type of feature would, obviously, compliment that intersection, so when someone is coming west on Overland and turns onto Stoddard, they would see that fountain feature, the stamped colored concrete around it, just as the drawing shows, and, then, we put some park benches on each side of it and, then, the other thing that we proposed was along the Stoddard corridor, if somebody's walking down the sidewalk, say towards the park, we would put some little enclaves of landscaping and usually some landscape rocks and, then, put some benches there to promote pedestrian friendly interconnection in that corridor. We did have a neighborhood meeting. We did not have a lot of people that came to that neighbor meeting. One of Meridian City Council August 10, 2004 Page 34 of 43 the people that did show up were the Reinharts. They are directly to the west of us and their main concern was, obviously, that we provide landscaping on our western boundary and, two, that we coordinate fencing. Originally at the Planning and Zoning Commission meeting they thought that they wanted vinyl fencing, but another site meeting with them last week, Mr. Reinhart indicates they are going to build a riding arena, personal riding arena, so they may need something, obviously, more sturdy than vinyl, more, you know, like pole fencing or something along that line, which still could fit in with the character of this facility, being kind of rural in nature. My client did an extensive market research and there are no facilities, storage facilities, south of the interstate, with the exception of that Old Valley Storage out on Highway 69. But no new facilities, which have, you know, all the new electronic equipment and so forth as far as monitoring the merchandise that they have stored there, plus the climate controlled building. We feel that for a mixed neighborhood use, this will, obviously, service subdivisions such as Bear Creek, providing storage for recreational vehicles. That's typically the number one thing we see in these storage facilities. This will be the third one that I have worked on. I have done Cloverdale Storage and, then, Ten Mile Mini Storage and if you drive through there it just shocks me the size of the motor homes that are in these facilities. People spend a lot of money on their recreational vehicles and they, obviously, want to keep them in a safe area where they are covered and so that they are protected from the weather and so forth. There is central water out at this facility. We did design it with two access points, so it would meet the fire department requirements. It also has the radiuses to meet fire department requirements. And the only other issue is the issue of sewer and in my past conversations with the staff there were two options, since, obviously, the Black Cat sewer does not exist at this time. One, to have a septic system approved by Central District Health for the office and apartment. Or, two, to have like a grinder pump, as you would have in a basement of a home and pump into the manhole that is in Overland Road that services Western Electronics. So, there are a couple of options. In the development agreement, obviously, the rest of the property would be un -developable until such time as that sewer was constructed. The other things I noticed in the staff report, there was no reference to the easement. I believe on your facilities plan the trunk is supposed to go parallel with that Hardin Drain, so I believe that there should be some condition stating that an easement, obviously, to facilitate that sewer extension through this property in the future is taken care of and not -- you don't have to deal with it after the fact when these buildings are built. Across the street to the north you have got that industrial area, Western Electronics, DBSI. DBSI testified at our last hearing. Their only concern was the esthetics along Overland, that we would provide landscaping, that we wouldn't have just gravel, that this would be a top-notch facility. We have got commercial kitty-corner, C -G and C-2 over there in the Boondocks facility and, then, to the east of us, even though we have single-family dwellings along that area, they are designated for future commercial uses. I feel this is a pretty good fit. They are low traffic generators. They don't generate a lot of sewer, they don't have peak hours like other facilities, and to propose any residential next to that substation would be a mistake and Idaho Power -- one of the things that they stress to us was they don't -- did not want any residential component in this -- on this parcel. Do you have any questions? Meridian City Council August10,2004 Page 35 of 43 De Weerd: Council --Charlie? Rountree: Madam Mayor, our plat shows an RV dump station. Speak to us about that. McKay: The architect placed that on there. I did not discuss that with staff, nor have we got the consent of staff for that. Obviously, that would put more of a strain on the system that's out there, so I guess Bruce should probably speak to that. It may be inappropriate until such time as that trunk goes out there. Freckleton: Madam Mayor, Members of the Council, Commissioner -- or, excuse me, Councilor Rountree. Sorry. Used to that. I do believe that it would be inappropriate at this time and it should be added as a condition that the RV dump wouldn't be approved until such time that the sewer was through there. Bird: Madam Mayor? De Weerd: Thank you, Bruce. Mr. Bird. Bird: I agree wholeheartedly, but I think it's something that I like left in there once the sewer comes through, because it is nice to have for people that park their RVs in that, but there is absolutely no way you can activate that right now until you get the sewer coming through there. De Weerd: Mr. Nary? Nary: Becky, since this is a single building here, this is that one you were showing this elevation along Stoddard? McKay: Yes, sir. Nary: So, this is the one that has the graduated altered roof -line along that? McKay: Yes, sir. Nary: Well, not having been a fan of the last proposal, I think this is a much more significant improvement. I think it really is -- it really is a lot better use than what we have seen previously. And I don't think I have seen that type of design before. McKay: It's really revolutionary, as far as I'm concerned. The esthetics of it are far superior to any of the other buildings that I have ever come across. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council August 10, 2004 Page 36 of 43 Wardle: Becky, I have a question about the hours of operation. I was just reading through the Planning and Zoning minutes at the end of the conversation they added a paragraph 22 with the hours of operation and staff answered 7:00 a.m. to 10:00 o'clock p.m., I think. It's your recommendation to move that from 6:00 a.m. to 10:00 p.m? McKay: Yes, sir. Wardle: And the reasoning would be -- McKay: Well, after thinking about that, it kind of -- the time -- we didn't really discuss that prior to the Planning and Zoning Commission meeting, but, then, after thinking about it, the client said if someone is going to go say hunting, for example, and needs to get their RV, guys usually take off really early to go hunting. See, us women, we don't want to be going until 9:00 or 10:00. But men, you know, they are out there at 6:00 o'clock getting their RV heading out and so the client, after calling around and checking, researching other facilities, he found that most of them opened at 6:00 a.m. Wardle: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: A question for Becky. On these photos, give me a sense of scale. We don't have any scale on the elevations. What are you talking height -wise? McKay: I don't think he's got any scale on the structures. You can see -- this is the office. It's, obviously, a two story and you can see comparing the building here to that, these all appear to be within that single story range. We'd have to scale this, because he doesn't have any dimensions here. Oh, wait. He does. Midpoint roof, 24 feet ten inches there. This one is 19 feet. Rountree: Consistent with residential. McKay: Yes. Yes. Rountree: Okay. McKay: And this would be a multi -phased project. They would be building it in phases. The perimeter would be built first and the office for the facility. De Weerd: So, you would do the full landscaping on the piece of property? McKay: Yes. Yes. De Weerd: And in front of the future office? Meridian City Council August 10, 2004 Page 37 of 43 McKay: Yes. Yeah. They would be building -- I think we had this as phase one and, then, this here he had as phase one. Establishing the access points and the preliminary landscaping. I guess that's one thing that was not discussed at the Planning and Zoning Commission is this landscaping here. Obviously, the Council would want to see that installed. De Weerd: That and the -- McKay: And the plaza at the corner. Rountree: That's the amenity. Canning: Madam Mayor, Members of the Council, that was the understanding of staff is that all the perimeter would be done. De Weerd: I didn't think it would hurt to ask, just to make it clear. And on your plat or -- well, yeah, on the plat you would show the easement for sewer -- for future sewer and Public Works is good with -- Canning: Madam Mayor, there is no plat, so the applicant would just have to grant an easement in favor of the city. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: They have got the existing 60 -foot wide irrigation easement. I wonder when we did Idaho Power substation, if there is an easement incorporated in this 60 -foot wide for the sewer, because we usually stay right -- our sewers usually run right along the drain there if it's possible at all and -- Canning: Madam Mayor, Members of the Council, the Idaho Power substation was approved through the county, not through the city. Bird: Oh, that's right. They did that. Canning: And it was not platted either. So, typically, Ada County would probably not have asked for an easement for City of Meridian, so I don't think we have one. Bird: Then a follow up for Bruce, Madam Mayor, if possible. It's 60 feet for an irrigation easement, is that normal or would that -- could that include also an easement for the -- the sewer? How much easement do we need for a sewer like that, Bruce? Freckleton: Madam Mayor, Council, the 60 feet for that size facility is probably pretty standard. There is not currently an existing easement down through there. We would Meridian City Council August 10, 2004 Page 38 of 43 be looking for probably a 20 -foot wide permanent easement and, then, we would want some temporary construction easement that would overlap that, probably to a width of 30 feet, that would go away once the sewer is built, so we would end up with 20 feet and, you're correct, we have several of these that are incorporated within that 60 feet. So, it's just something that we are going to have to work through with the applicant and the Nampa -Meridian Irrigation District. Bird: Follow up again. And this could be shown on the final plat as it comes through, if it -- or the preliminary plat or would we -- would be have it on any of the plats on there? Freckleton: Councilman Bird, there is no plat on this. De Weerd: But in the site plan. Freckleton: In the site it would be shown, yes. Correct. De Weerd: And does it need to be in the development agreement? Freckleton: Staffs not recommending a development agreement on this. There would be -- the easement documents would, actually, be separate documents that would be negotiated and would be recorded documents. De Weerd: Okay. Canning: Madam Mayor, apparently I misinformed Bruce. I didn't think we were having a development agreement, because we have the Conditional Use Permit, but the applicant is indicating that her understanding is that there will be a development agreement. McKay: My understanding from Mr. Hood, who wrote our staff report, that we would have a development agreement, especially stipulating that this was un -developable until such time as that sewer becomes available. Canning: That's right. It's actually a non -development agreement on the remainder. McKay: Yeah. So, it's a development agreement that -- so, you could include a condition in there providing for that easement in the event the property did change hands or whatever. Freckleton: Madam Mayor, Members of the Council, the staff report as written, we did include on there, as part of condition number ten, under Conditional Use Permit, that the applicant shall coordinate with the Public Works Department the provisions for any required sewer easement adjacent to the Hardin Drain. So, we did have it in there as a condition and Becky and I have talked about it numerous times, so I don't foresee that there would be any problem at all. Meridian City Council August 10, 2004 Page 39 of 43 De Weerd: Okay. Okay. Anything further for the applicant at this time? Thank you, Becky. McKay: Thank you. De Weerd: Okay. Is there anyone else who would like to provide testimony on this application? No? Okay. Okay. Council, any further comments, information needed? Anna? Canning: Madam Mayor, Members of the Council, I did want to make one comment in reference to the changed time request. The way the site is designed, the noise is really going to be buffered by the site itself. This building will act to block this way and these - - each subsequent building kind of blocks this way and there is not activity areas here. This was just the access for Idaho Power that uses that on a very occasional basis. So, it is kind of designed to keep the noise -- a structure with a bunch of stuff in it -- stored in it, will make a very good sound buffer for the uses that are occurring internal to the site. De Weerd: Thank you. Okay. Council? Nary: Madam Mayor? De Weerd: Yes. Nary: But, Anna, isn't there the folks that are right on the western side of that -- that boundary right there? Canning: They would be affected by people turning in that small portion of the area right there, but, really, everything else is -- once they get into this area, the sound will be absorbed by those two buildings. It would really just be that turning movement there. Nary: And I don't think the hours really -- I mean one hour is not that significant of a difference either, but I just wanted to be sure. Thank you. De Weerd: Okay. If there is no further testimony from the public, any further questions from Council? I would entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Do you have any further comment? McKay: The Hardin Drain, I didn't -- I guess I really didn't address that. The reason we are asking for a waiver to pipe it, because there is no ditch safety issue when I'm between a substation and a mini storage and so I didn't -- I didn't see that it would benefit anything and there is no residential adjoining it, at least where we are. So, that was our justification. It's a lot of money. Meridian City Council August 10, 2004 Page 40 of 43 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, can you tell me what size pipe would that take to -- McKay: I believe a 36 -inch was constructed through Bear Creek and that's because the Hardin Drain ran diagonally where the community park was going to be designed, so they had to pipe it. De Weerd: Okay. Any further questions? Mr. Wardle. Wardle: Madam Mayor, hearing no more public comment, I move we close the Public Hearing. Bird: Second. De Weerd: It's been moved and seconded to close the public hearings on Items 17 and 18. Is that the motion? Wardle: Yes. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have got a question for somebody. Which -- where would we -- the tiling of the drainage, would that be under the -- the annexation or would it be under conditional use? Mr. Attorney? Canning: Madam Mayor, Members of the Council, Councilmember Bird, that should probably be tied to the CU. I think it's the site development that triggers the need to tile the drains, so that would come under the conditional use. Bird: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council August 10, 2004 Page 41 of 43 Nary: I just wanted one other comment, too. I think the amenity is very nice. It will be an enhancement to that corner and once that commercial site is able to be developed, I think that will be a nice enhancement to that whole spot. But I really -- I really think that whole look along Stoddard is going to be improved tremendously. So, I think it looks really good. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would, too, agree with Councilman Nary, seeing how I sat through the last one that come through us and this is a beautiful project. It's going to really add to the area out there. Certainly appreciate it. Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more discussion, I would move that we approve AZ 04-013, with conditions of staff, applicant, and public testimony. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 17. Is there any further discussions? Okay. Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-017 and do not require the tiling of the drain and for the applicant and staff to workout the sewer easement with this and that the RV dump will not be activated until the Black Cat sewer is activated out there and -- I'm activating a lot of stuff -- oh, and the times -- yeah. The time from 6:00 a.m. to 10:00 p.m. Wardle: Second. Bird: Thank you, Shaun. Canning: Madam Mayor? Meridian City Council August 10, 2004 Page 42 of 43 De Weerd: Yes, Anna. Canning: And does the maker of the motion acknowledge that that site plan is dated July 30th, 2004? Bird: Yes. Canning: Thank you. Wardle: Second agrees. De Weerd: Okay. Is there any further discussion, clarification, or anything else? Okay. Mr. Clerk, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 04-1094 : AZ 04-010 Request for Annexation and Zoning of 4.10 acres from RUT to L -O zone for proposed Brockton Subdivision by Confluence Management, L.L.C. — 3665 North Locust Grove Road: De Weerd: Okay. Thank you, Mr. Clerk. Item 19 is Ordinance No. 04-1094 for AZ 04- 010. Mr. Clerk, will you, please, read this item by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1094, an Ordinance finding that Herbert C. and Cynthia K. Lee, the owners of certain real property generally located on the west side of Locust Grove Road, approximately one quarter of a mile north of Ustick Road, within Section 31, Township 4 North, Range 1 East, Meridian, Idaho, to be known as Brockton Subdivision and which lies contiguous and/or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and having 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. De Weerd: Thank you, Mr. Clerk. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Seeing no one, Council? Meridian City Council August 10, 2004 Page 43 of 43 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, Ordinance No. 04-1094, with suspension of rules. Bird: Second. De Weerd: It's been moved and seconded to approve Ordinance No. 04-1094. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 8 i Zai D ¢ MAYOR fAWNY DE WEERD „P I TEAPPROVED ATTEST: r Fo AL WILLIAM G. BERG, JR(/CITIY CLERK �� _0 -1�T 1sc 1 yQ c