Loading...
HomeMy WebLinkAbout2004 10-19Revised October 19, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 19, 2004 at 7:00 p.m. City Council Chambers Roll -call Attendance: X Shaun Wardle O Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Jeff Lavey & Gary Scheihing 3. Community Invocation by Joe Anderson, with Cole Community Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 04- 021 Request for Annexation and Zoning of 10 acres from RUT to R-8 zone for Arcadia Subdivision by C7 Development — 3665 Jericho Road: Approve B. Findings of Fact and Conclusions of Law for Approval: PP 04- 028 Request for Preliminary Plat approval for 33 single family residential building lots and 3 common lots on 10 acres in a proposed R-8 zone for Arcadia Subdivision by C7 Development — 3665 Jericho Road: Approve C. Findings of Fact and Conclusions of Law for Denial: VAR 04- 006 Request for a Variance from MCC 11-10-6 to allow a childcare/preschool for five or fewer children to be operated in a required garage area of a single-family home in an R-4 zone for Earl and Donna Bohm by Earl and Donna Bohrn — 1451 North Santa Rosa Place: Approve D. Findings of Fact and Conclusions of Law for Approval: MI 04- 010 Request to a modify the hours of operation approved previously under CUP 01-016 from 8 am to 10 pm Monday thru Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a Meridian City Council Agenda — October 19, 2004 Page 1 of 4 Revised October 19, 2004 week for Cherry Crossing Subdivision by Robnett Construction, Inc. - northwest corner of West Cherry Lane and North Linder Road: Approve E. Findings of Fact and Conclusions of Law for Approval: MI 04- 009 Request to allow a one-time lot division to separate an un - platted parcel into two parcels in an I -L zone for Joe Pachner by Joe Pachner — 850 West Franklin Road: Approve F. Findings of Fact and Conclusions of Law for Approval: MI 04- 008 Request to modify the condition of the approved Preliminary Plat regarding the 5 -foot wide asphalt pathway within Nampa Meridian Irrigation District's easement for Castlebrook Subdivision No. 3 by Liberty Development, Inc. — east of North Black Cat Road and south of West Cherry Lane: Approve G. Award of Bid for 2004 McMillan Water Extension Project to Masco, Inc. for $326,075: Approve H. Resolution No. 04-446 Establishing Appointments for Board Members and Alternates to the Valley Ride Regional Transportation Authority: Approve I. Resolution No. 04-047 : Public Works Fees: Approve J. Order to Remand back to Planning and Zoning Commission for Ventana Subdivision, AZ 04-019, PP 04-026, and CUP 04- 028: Approve K. Water Easement for Pioneer Holding, Co.: Approve S. Department Reports: A. Public Works Department — Brad Watson 1. Quenzer Commons Condominium Plat: Table to October 26, 2004 Meeting B. Police Department — Chief Musser 1. Update on K-9 Building: Presented C. Mayor's Office Appointment to Parks and Recreations Commission: Approve — Appoint Matthew Ellsworth Meridian City Council Agenda — October 19, 2004 Page 2 of 4 Revised October 19, 2004 D. City Attorney - Bill Nary 1. Discussion of Hiring Additional Staff (Deputy City Attorney and Paralegal): Continue / Proceed 2. Budget Related Items / Report: Approve 1.5 % cost of living with exception 7. (Items Moved from Consent Agenda): None 8. Public Hearing: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: Prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143 single-family residential building lots and 19 common lots on 47.66 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: Prepare Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a Planned Development consisting of a school lot and single-family residential lots with reductions to the minimum requirements for lot size and street frontage for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72 acres from RUT to R-4 zone for proposed Kingsbridge Subdivision by Vision First, LLC — 4070 South Eagle Road: Continue Public Hearing to November 3, 2004 12. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a Planned Development consisting of single-family residential lots with reductions to the minimum requirements for lot size, street frontage and request to exceed the maximum block length allowed for proposed Kingsbridge Subdivision by Vision First, LLC — 4070 South Eagle Road: Continue Public Hearing to November 3, 2004 13. Water, Sewer and Trash Delinquencies: Approve 14. Ordinance No. 04-1111 : RZ 04-010 Request for a Rezone of .68 acre from R4 to an 0-T zone for Mittleider Rezone by Leon Smith — 125 West Cherry Lane and 1645 West 1 st Street: Approve Meridian City Comed Agenda— October 19, 2004 Page 3 of 4 Revised October 19, 2004 16. Executive Session per Idaho State Code 67-2346(1)(c): No Decision Meridian City Council Agenda— October 19, 2004 Page 4 of 4 Meridian City Council Meeting October 19 2004 The regular meeting of the Meridian City Council was called to order at 7:25 P.M., Tuesday, October 19, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, and Shaun Wardle. Members Absent: Christine Donnell. Others Present: Bill Nary, Will Berg, Brad Hawkins -Clark, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'd like to call this meeting to order. I will call the regular City Council meeting to order. It's Tuesday, October 19th, and it is 7:25. While we enjoy seeing all these faces at our meeting, we will begin with an announcement on a change to our agenda that I believe affects most of you. Mr. Nary. Nary: Madam Mayor, Members of the Council, Items 11 and 12, the Kingsbridge Subdivision, there is an annexation and zoning Public Hearing and a Conditional Use Permit Public Hearing. They have requested to table that matter this evening and the reason being is the preliminary plat is not attached to that application, because that was denied by the Planning and Zoning Commission and the denial was confirmed at the last Planning and Zoning Commission meeting in the earlier part of this month. They have requested reconsideration of that decision by the Planning and Zoning Commission and that will be heard this Thursday, October 21st, as part of the regular agenda for Planning and Zoning. If they do re - reconsider that decision and reset that matter for hearing, they will reset that for a new Public Hearing, they will send out new notices for that. If they don't reconsider it and that decision is final, they still have the option -- the applicants have the option to appeal that matter before you and if that's the case, that will, then, be set on your agenda sometime in the future. So, tonight it's not very -- it's not very efficient to hear this matter today when these matters are still pending for review, so it would be my recommendation to you to table these matters to your November 3rd, 2004, meeting to have whatever disposition. By then we will know if it's an appeal that's pending as well. You may be hearing it that night as the appeal of the preliminary plat. If the matter is being considered by the Planning and Zoning Commission, I'm probably going to recommend you simply remand all of this back to them for their review again. If there is an appeal you Meridian City Council October 19, 2004 Page 2 of 35 still have these matters before you. But my recommendation tonight is to reset -- to table that matter that's before you tonight to November 3rd. De Weerd: Okay. So, I don't know if that was very clear, because he is an attorney. But, essentially, because there is an appeal to be reconsidered at Planning and Zoning, it will be decided Thursday night. If they decide to reconsider, what is on our agenda will be remanded back to them, so they can see the whole application, instead of just bits and pieces of it. If they decide to deny that appeal or the reconsideration, then, they have the ability to appeal that denial, then, to City Council and so, then, we might as well have that all in one evening, along with this. So, that will be probably put back on the agenda November 3rd? Nary: That would be my recommendation, Madam Mayor, yes. De Weerd: Regardless of what happened, we will either do it November 3rd and remand everything back to Planning and Zoning or consider the appeal and what is on our agenda tonight at that time as well. Or did I muddy the water even further? Rountree: Still confusing. De Weerd: So, what we will be doing with these items is not taking testimony tonight, rather, we will just delay it until November 3rd. Okay. I know how to clear a room. Okay. Mr. Berg, will you, please, call roll call. Item 2: Pledge of Allegiance: De Weerd: I'd like to welcome those of you who have stayed with us and I'd also like to welcome our Boy Scout member from Troop 30. Thank you for joining us tonight. We will be lead in our pledge by our Meridian's finest. If you will please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: For our Meridian's finest I will offer you two City of Meridian pins, thanking you for leading us in the pledge. Item No. 3 is our community invocation. Please join us at this time or take this moment for a time a silence. And we have with us Joe Anderson from Cole Community Church. Anderson: Please join me in prayer. Heavenly Father, we thank you very much for this wonderful life you have given us, this great city of Meridian we live in, the love that you show us in your creation, your plan for our lives, and the people that you send to bless us. Thank you for our leaders, Mayor Tammy de Weerd, our Council members, our public servants. Provide extra protection for our police and emergency officers. As it says in Proverbs 25, the purposes of a man's heart are deep water, but a man of Meridian City Council October 19, 2004 Page 3 of 35 understanding draws them out. Give our leaders your insight as they seek to understand and make decisions to bless the people of this great city. May your justice and righteousness prevail? Send our warm thoughts and prayers to our armed forces men and women fighting for the freedom that we enjoy today, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. I would like to offer you one of our new city pins as well. Thank you for joining us. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We need to -- the resolution on H is -- number is 04-446, 1 is 04-447, and the ordinance number, which is Item No. 14, is 04-1111. As you have announced earlier, Items 11 and 12 will be continued, which we will do at the time of -- when we get to those items. And with that I would move that we approve the agenda as published. Rountree: Second. De Weerd: It's been moved and seconded to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Consent Agenda, Item 5. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 04- 021 Request for Annexation and Zoning of 10 acres from RUT to R- 8 zone for Arcadia Subdivision by C7 Development — 3665 Jericho Road: B. Findings of Fact and Conclusions of Law for Approval: PP 04- 028 Request for Preliminary Plat approval for 33 single family residential building lots and 3 common lots on 10 acres in a proposed R-8 zone for Arcadia Subdivision by C7 Development — 3665 Jericho Road: C. Findings of Fact and Conclusions of Law for Denial: VAR 04- 006 Request for a Variance from MCC 11-10-6 to allow a childcare/preschool for five or fewer children to be operated in a required garage area of a single-family home in an R-4 zone for Meridian Clty Council October 19, 2004 Page 4 of 35 Earl and Donna Bohrn by Earl and Donna Bohrn — 1451 North Santa Rosa Place: D. Findings of Fact and Conclusions of Law for Approval: MI 04- 010 Request to a modify the hours of operation approved previously under CUP 01-016 from 8 am to 10 pm Monday thru Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a week for Cherry Crossing Subdivision by Robnett Construction, Inc. - northwest corner of West Cherry Lane and North Linder Road: E. Findings of Fact and Conclusions of Law for Approval: MI 04- 009 Request to allow a one-time lot division to separate an un - platted parcel into two parcels in an I -L zone for Joe Pachner by Joe Pachner— 850 West Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: MI 04- 008 Request to modify the condition of the approved Preliminary Plat regarding the 5 -foot wide asphalt pathway within Nampa Meridian Irrigation District's easement for Castlebrook Subdivision No. 3 by Liberty Development, Inc. — east of North Black Cat Road and south of West Cherry Lane: G. Award of Bid for 2004 McMillan Water Extension Project to Masco, Inc. for $326,075: H. Resolution No. 04-446 Establishing Appointments for Board Members and Alternates to the Valley Ride Regional Transportation Authority: I. Resolution No. 04-447 : Public Works Fees: J. Order to Remand back to Planning and Zoning Commission for Ventana Subdivision, AZ 04-019, PP 04-026, and CUP 04- 028: K. Water Easement for Pioneer Holding Co.: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, including Resolutions 04-446 and 04- 447, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council October 19, 2004 Page 5 of 35 De Weerd: Thank you. The motion is to approve the Consent Agenda. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department — Brad Watson Quenzer Commons Condominium Plat: De Weerd: Thank you. Okay. Department reports. We will start with Public Works. Brad Watson. Watson: Madam Mayor, Council -members, I have to start off with an apology. This is one of those items that Anna and I discussed in great haste as she was trying to leave last Thursday and asked if I would present it and I thought it was going to be in the packets -- something that P&Z would provide in the packets and they did not and I did not, so we really don't have anything for you to look at tonight. I would recommend that this be tabled until next Tuesday night for your consideration. B. Police Department — Chief Musser Update on K-9 Building: De Weerd: Thank you. We will do that. Okay. Item B is police department. Chief Musser, do you want to introduce this? Musser: Madam Mayor, Members of the Council, this evening I have two of our officers with us as well, Lieutenant Jeff Leavy and Officer Gary Shine in the audience to help me out with this presentation, as well as Matthew Schultz, who is a vice-president in charge of land development for Hubble Homes. What I have to present to you at this point is a partnership that we are in the early stages of getting formed, but seems to be a very promising one with Hubble Homes at this point. I had mentioned to you during the budget considerations that we were interested in putting up a K-9 training facility, which also included a building back during the initial phases of our 2005 budget presentations. I was noting that we were seriously looking to pursue that in FY 2006, as opposed to this year, and we were also actively seeking partnerships from the community for possible donations to assist us in completing this facility, which would be adjacent to the police department on the undeveloped five acres that we have just to the west of the building now. Luckily at this point my chief dog robber, Officer Shine, has been out working the community and doing a very good job of it. He has been able to make contact with Hubble Homes, Hubble Homes is very excited about partnering with us on Meridian City Council October 19, 2004 Page 6 of 35 this and I did provide a copy of a letter that I received from Mr. Schultz, which does indicate that they are very interested in helping us at this point and pledge to initiate the civil design and the survey work that will be required, helping us get into laying our ground items that we need as far as water hookups and sewer, that type of thing, and initially getting this moving forward on our overall design. We still have to find an architect; we have some leads on that at this point, to help us get the design back on the computer. Our original architect apparently lost what he did have in digitized format, so we are kind of back to ground one on that, but we are going to look to move forward on that and we think that in a partnership with Hubble Homes we will also be able to find additional folks from the construction fields that would be willing to further donate labor and materials to our cause at this point. The big reason why I bring this forward tonight is I would like direction from this Council, if they feel that this would be a worthwhile community project to pursue and, in lieu of that, we may end up having to have some funds to commit to it if we don't get total donation on it and we would look to project that out into FY 06 if necessary or having talked to finance already, there are some other options if we decide we have enough to pursue at minimal costs within this year. That would mean possibly looking at doing something with the fund balance for a minimal amount, which shouldn't probably exceed somewhere in the vicinity of 200,000. We think it will come in significantly lower than that, but we don't have a total cost breakdown yet, because we don't have the full design to be able to present to you. We do fully intend on presenting this to the P&Z, just like we would with any other project and, then, also bring it back before this Council as a regular building project for all final approvals and everything. We would also ask for a possibility of the city doing the same thing that they did with the police department in waiving permit fees and other associated costs as we move forward on this project as well, if that's something that the Council would find an item that they would wish to entertain, that's why we are presenting it this evening. Any of the four of us would stand for any questions if you have those or Matt has anything additional he'd like to present, I'd like to turn it over to him at this time. Schultz: Good evening, Mayor and Council. My name is Matt Schultz with Hubble Homes and it's been awhile since I have been in front of you. There is some new faces and some older faces and Mr. Nary has moved that way. Glad to see you're still here. This is getting him back from a long time ago. No. He's always been a fair Councilman and I'm sure he will be just as fair as an attorney. We are happy to be here tonight, I'm happy to be here representing Hubble Homes. I have been with Hubble Homes for about six months now in charge of development and Officer Shine approached Don and Don asked me to return his call and Officer Shine came in and gave me the full sales pitch and I was very excited to say, yeah, I, actually, engineered the subdivision that the police site's on four years ago for JUB Engineers and I know where the utilities are and, you know, first things first, we need to get our arms around the scope of the project and get with the architect and I even went out and solicited the help of -- I don't know if you know Bob Ross of Falash and Ross, good guy I know from doing some tenant improvements and he was happy to step up. His first indication was, hey, we are busy. I said, you know, we are all busy, but we need to, you know, jump in here and help the community and participate in this endeavor. The way I see this going is we would help Meridian City Council October 19, 2004 Page 7 of 35 get it to a point of knowing exactly what the costs are, if we were to go and buy this, you know, retail, so to speak, and, then, identify all the line items that we possibly get either donated wholly or partially or whatever the best we can do. Right now we are committing all our time and project management to getting it to that stage and, then, from there we will see how it evolves. Depending on how it goes, we could break ground as early as next spring, but depending on how it goes it might be the following '06 spring, so we will see, we are excited about it. The project that not only houses the dogs, it provides a place that benefits their handlers, our brave officers who protect our community, not only Meridian, but the whole Treasure Valley. The way I understand it, it's a regional facility for all the K-9 officers and, then, even the -- you know, that would be enough in itself, but there is, as I understand, an agility park that's going to be open to the public adjacent to it, off leash. Pretty cool, I think, because I already have to -- you know, I walk my dogs in Bear Creek and have to keep them on a leash, as far as you know. No. De Weerd: Extra patrol. Schultz: Yeah. Exactly. Bird: At least you're being truthful. Schultz: You know, it was dark -- no. No. It is exciting, an exciting project, we are excited to be involved, even though we are all busy, we have to take time out to give back to the community and give other vendors and contractors and people an opportunity to contribute as well. I just -- you know, as much as I would love to be able to write you a check if I had the money, we want to give other people a chance to participate in this and we are excited about coming together. So, I would say maybe in the next month or two we will check back in with you and give you a status update after working with the parks department and Chief Musser and Officer Shine, an architect, and all that, but it's just good to be back in front of you and we just ask your support to move this forward. De Weerd: Thank you, Matt. Do you have any questions, Council? Bird: I have none for him. De Weerd: Officer Shine, do you have anything to add? Shine: I think that sums it up. De Weerd: Well, I appreciate your initiation of this and you found the right person to approach and to collaborate with. Those efforts are appreciated. Anything further, Council? Bird: Madam Mayor? Meridian City Council October 19, 2004 Page 8 of 35 De Weerd: Mr. Bird. Bird: What is the process now? Are we going to get some kind of schematic of what we are getting out there and get some prices and stuff and Chief Musser can keep us informed and I'm sure that there is the Mayor and four Council people up here that would -- if you need any help we would be glad to help and I think this is -- Matt, I appreciate you guys -- Hubble Homes stepping forward on this and taking this on and it's something that we definitely need. I'm glad it's going to be a regional one, not just for our dogs. I think it's very very nice. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a comment. I think this is a great opportunity to let the City of Meridian and all the cooperators shine in a public-private partnership the kinds of things that we have been talking about for years and this is a perfect example of how the community -- not just the community government, but the community folks can come together and do something really good for not just the City of Meridian, but for the region and I thank all of you that are involved for a job well done and, hopefully, we can bring this to fruition. De Weerd: Thank you. Do you have anything to add? Wardle: Madam Mayor? Donnell: Yes, Mr. Wardle. Wardle: I certainly do. I think this is a great project and appreciate Matt and Hubble Homes for stepping up to help the city and community and just a couple of items that the chief mentioned. Certainly I would like to see this project go forward and bring back some costs when we have better ideas, but you mentioned also waiving fees when bringing it through Planning and Zoning and I think that's something that we have done in the past and could do at this point, in my opinion. So, great project. C. Mayor's Office 1. Appointment to Parks and Recreations Commission: De Weerd: Thank you. If there is nothing further, we appreciate you coming tonight. Okay. The next item is -- I had noted last week that one of the applicants for the City Council position is interested in the parks and recreation commission. We had no other letters of interest. I did talk with Matt Ellsworth about this, I forwarded his information to the parks commission, they had a chance to review the letter and his attached resume, and don't have any hesitation to offer their support of Matt Ellsworth for the new parks commission seat. As well I have encouraged them to meet with him before the next commission meeting, as well the Council liaison and 1. But in front of you is my -- my Meridian City Council October 19, 2004 Page 9 of 35 name that I wish -- I would like to appoint to the parks and recreation commission, Matt Ellsworth. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we accept the Mayor's nomination of Matt Ellsworth to the parks and recreation commission. Bird: Second. De Weerd: It's been moved and seconded to approve the appointment of Matt Ellsworth. Is there any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT D. City Attorney — Bill Nary 1. Discussion of Hiring Additional Staff (Deputy City Attorney and Paralegal): De Weerd: Thank you so much. Our city attorney. Item D. Nary: Madam Mayor, Members of the Council, just a couple of items. I handed out before the meeting to you the job descriptions of the two positions I'd like to hire as additional staff for the legal side of our department, a deputy city attorney and a paralegal secretary. We have finalized the budgetary numbers, as was previously discussed with all of you, that, essentially, the budget for the legal side of the department is the budget we had already set aside for civil services in this budget year. We need to finalize a couple of numbers in regards to the hiring, but we also have gone through the salary survey process for both of these positions. I think we have slotted these both appropriately for good candidates out there for both of these positions. We did a survey with about four different cities, as well as Ada County, to get a -- and Canyon county, to get a general view of both of these types of positions and, as I have said, I think we have slotted them appropriately to be able to hire some good folks. All I wanted tonight was to inform you both of that and also be sure with the Council and the Mayor that you're comfortable with me recruiting for these positions. One of the things that I think is very important is we need to get these people hired as quickly as I reasonably can. I think there are some very good people here who have expressed some interest to me and as long as the Council is comfortable with it, I'd like to, essentially, recruit for these positions and hire them quickly and if there is a concern about that or anything, I certainly want to be able to address that with you now. But if Meridian City Council October 19, 2004 Page 10 of 35 you're comfortable with that, I'd like to go forward with that. If there is any other things that you think I need to do before that, please, let me know. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This councilman believes that they have to work for you, Bill, and you go pick and we -- you know, I don't know an attorney or a paralegal and would not want to, so I think as far as I'm concerned you're definitely -- well, not like to, but I'd like -- I better -- I better be like the Mayor, I better shut up right now before get my foot in farther. But, anyway, you know, they work under you and they answer to you, I think that -- and you're the one that's got to work with them, so I believe that you're the one that should be hiring them, as I believe all directors should be the one hiring their people. De Weerd: I don't think so. Mr. Nary, you don't a need motion, do you? Nary: No. I just want to make sure that the Council was comfortable with that. I don't think you to need to make a motion. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor? Mr. Nary, just a quick question as to -- with our expanding city and the amount of growth that we have had, how long do you think it will be before we would need another staff position or have you even -- will catch you -- I guess make two questions. Will this catch us up and be sufficient for right now and, then, how long, potentially, would we need to hire another paralegal or -- Nary: Madam Mayor, Council -member Wardle, I think the -- I think the deputy attorney and a paralegal will make us just fine for right now and at least in the immediate future, within this budget year -- and I hate to look beyond that much further, but, realistically, I think the way the legal work flows here and the way the -- the volume that we get, I think we are fine. You know, part of the budget -- what I have set aside is for some outside -- out sourcing if necessary, so if the workload does get fairly high we will have some ability to out source some projects to -- whether it's White Peterson or some others -- I'm looking to expand that circle a little bit to have other attorneys available to be able to use their expertise in this community as well. Longer term, it depends on whether things change. We currently are -- our prosecution services are handled by the City of Boise. Right now, as far as I know, they will be continuing with that at least through this budget year. If they decide not to continue that into the next budget year, we will need to hire more staff. One thing I did commit to Chief Musser when I took this job was that we wouldn't out source that function and service to a private firm again. We found over the years that generally wasn't a very effective way of doing things and if we can't have it done by the city of Boise for the cost that they can do it, we are probably best off doing it ourselves and so at that juncture we would need to hire probably at least two attorneys and probably at least one more support staff. But the amount of money that Meridian City Council October 19, 2004 Page 11 of 35 we spend on that function currently, we would be pretty close. It would certainly cover the two attorneys, it would cover a lot of the expenses, it would probably not completely cover the cost of a support staff person, so some of that we would have to be looking for some new -- some new dollars for that. But right now we don't have to do that, but I think we would be probably making that assessment and I will have that conversation with the Boise city attorney probably within the next six months to see whether or not they would be wanting to continue that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would endorse moving forward with this as quick as possible, Bill. My only concern is have we cleaned out a closet to where we can house them? De Weerd: We do have a closet. Thank you. Nary: Yes, we do. Rountree: Okay. And if not, I think this space — the cubby that houses the three councilmen probably could be made available. Bird: That's where -- Rountree: Is that where it's going to go? Nary: Madam Mayor, Council member Rountree, yeah, we have started moving the material and things out of the large office that the Council had been using to the smaller office in Berg's office and the clerk's office for the Council to use and I talked with Leslie and I think we are going to be able to -- between Leslie's office and MUBS and some other support staff in that office, we should be able to get two people here without really pushing desks together, so I think we will be okay. Rountree: It's about the max. Nary: Yeah. I think we are about the max. Bird: It is max. De Weerd: We have been maximizing this space very well. Rountree: Build a mezzanine, I suppose. 2. Budget Related Items / Report: Meridian City Council October 19, 2004 Page 12 of 35 De Weerd: Okay. If there is no further questions, we will go to your next item. Nary: Thank you, Madam Mayor, Members of the Council, the next item is -- and I think the Mayor may have more information on this, but I wanted to bring to your attention, because the finance folks do want to move forward on this. In our current policy handbook there is a provision that discusses having cost -of -living increased to -- across-the-board increases per year. We had in the budget process set aside approximately three percent for employee raises in this budget year. That doesn't include the normal police step program, that's already funded in a different manner, that doesn't include the firefighter union percentage increase, as that's already funded separately. So, this is just for general employees. We put aside approximately three percent towards that. In our handbook it discusses a COLA or a cost of living raise at the RPI rate index -- or the RPI rate for the western United States. That amount is 1.5 percent. So, my recommendation is is that pursuant to our policy that we have an across-the-board increase of 1.5 percent for all employees in the upcoming year. The finance department wants to get that approved, if the Council is okay with that, to approve that, so that we can make sure that's in the October paychecks and they have to get those processed. They don't want to have to have a retro paycheck to have to do that, its just a lot more time consuming. There still will be some money left. We did meet with our benefits consultants and we are going to have a meeting with our benefits committee this week. We did have an increase from Blue Cross for the cost of our benefits. I don't have final numbers on that today to give you. I'm hoping that we should have that next Tuesday, so that you will have a better sense on the remaining dollars that are left and whether some of that needs to be dedicated towards the cost of the increased amount of medical benefits. We budgeted that and I believe -- and, I'm sorry, I didn't bring it with me. I think we a budgeted 25 percent increase and so we probably should be covered enough with what we already budgeted towards that with what Marsh -- our benefits consultant was able to negotiate with Blue Cross and some of our other providers as well. So, we should be okay. So, there should be some money left towards merit increases as well. The Mayor and the department directors, prior to me coming on, had been discussing a way of rewarding employees for meritorious work over the last year and there should be some money left, I just don't know the exact numbers today as how much that will be, but there should be some available money towards merit increases as well for folks. So, tonight is really your approval of the 1.5 percent across the board for employees. I would also include in that recommendation, though, that the Council consider that employees that are either on suspension -- and I don't believe there are any, at least in my discussions today I don't believe there are any. If there is any employee on suspension, if there are any employees that are on a personal improvement development plan, so they are already working with their supervisors in their department to improve their performance and, then, the third group of employees, employees that are in their initial six months introductory period of employment, that all of -- that those three categories of employees not receive the increase until they have completed their six month and completed their personal improvement plan. I guess from the HR side of me, I think it's a disincentive to people or sends the wrong message, I guess, when people are in an improvement phase to, then, also give them a raise at the same time. I think that's a Meridian City Council October 19, 2004 Page 13 of 35 good incentive to complete that process and, then, get that raise at the end of that. I think those are the only three categories we had discussed as to holding back on any across-the-board increase at this time. De Weerd: So, Council, we will come back next week with any additional cost to the benefits and that would include our consultant's fee. Nary: Right. De Weerd: And I do want to tell you that when they first came back with the bid from Blue Cross, the increase was 33 percent. Nary: Thirty-four. De Weerd: Thirty-four percent. They negotiated it down to around -- Nary: Right around 22. De Weerd: Twenty-two percent. So, you know, they certainly have been worth their contract already and we appreciate having that third party to look out for our best interest. We will have a director's meeting Tuesday and we will be able to discuss the meritorious portion of this and bring forward a recommendation. You do have in front of you a spreadsheet with some different scenarios. We are trying to move to the pay for performance type of process and so -- and we haven't fully gotten there, so this will be kind of an interim year that this will first be our COLA increases, the cost of living, and, then, we will figure something out for the pay for performance for those that really excel. If you have any ideas between now and then, certainly we'd like to hear them for discussion at the directors meeting. Mr. Wardle. Wardle: Madam Mayor, just a question. And you mentioned pay for performance and currently we have set in the employee manual in the handbook that this is a guaranteed raise to base at each year; is that correct, Mr. Nary? Nary: Madam Mayor, Members of the Council, Councilman Wardle, yeah, that's the current -- the current wording in the policy handbook indicates that there will be an increase to each employee each year, so -- Wardle: So, can I, then, assume if we are looking to go to more of a performance based, that we will be changing that language sometime in the next year? Nary: My recommendation is that whether we have a pay for performance or no matter what system of pay and compensation we have, that we not any mandatory requirements of increases to wages. There is no guarantee in any year that there is budgetary money to pay that, so, I'm going to recommend that we change that regardless, so -- Meridian City Council October 19, 2004 Page 14 of 35 Wardle: Thank you. De Weerd: Thank you, Mr. Nary. Are there any further questions? And certainly if you have suggestions, please, get it to Mr. Nary or myself. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now, when do they need -- will next Tuesday be okay for the payroll? De Weerd: Right now we will be giving the COLA in with the checks and anything over and above that will be determined next week and that would be included, then, in the November — Bird: In the November -- De Weerd: -- for those that achieve their evaluations this month, because that's based on the anniversary date. Nary: Mr. Bird, Members of the Council, they just wanted to -- if the 1.5 percent was satisfactory to the Council, the finance department would like your approval for that, so we can process it -- they can process it in October and not do a retroactive check. That does take a lot more staff time to do that. So, yeah, the merit pay or the merit increase can certainly be on the November check and that's not a concern. Rountree: That's stated policy now and a concern is that we need to revisit that policy. Bird: We do. De Weerd: Yes, we do. Okay. If there isn't anything further? Okay. Oh, yes, we do need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we go ahead with the COLA pay raise, one and half percent on the October payroll for the employees, all employees of the City of Meridian, excluding the three suspension -- what was the other one? Nary: The personal development plan and the introductory period of employment. Bird: Personal development and the introductory -- the six month introductory period. And we will revisit the policy. That don't have to be in this motion. Meridian City Council October 19, 2004 Page 15 of 35 Wardle: Second De Weerd: Okay. It's been moved and seconded to approve the cost of living increase of 1.5 percent. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Could I just ask one clarifying question from the Council. On the two categories of employees that would be affected, the introductory employment and the ones that are on the personal improvement plan program, does the Council want them to get the six month -- or the 1.5 percent retroactive to October 1st when they complete it or do you want them to get it going forward at the end of that? Bird: This motioner -- or the guy that made the motion would like to see them get it retroactive. De Weerd: Does the second agree? Wardle: Point of clarification just real quickly. Mr. Nary, does that mean that if they are an employee and they were hired last month, that after they completed the six month term that they would, then, gain six months worth of the additional increase? Is that what retroactive means? Nary: Five months. It would be — Council -member Wardle, it would be -- it would be back to October 1st. For example, the HR analyst in my department started in June, she's currently still within her six months, so she wouldn't be eligible for the increase. Her six months ends on December 1st when she completes that, then, her pay would be adjusted. She'd receive that increase for the two months from October to December and, then, it would be -- going forward it would be the same. You know, she'd have the 1.5 just like everyone else. Wardle: And the other option was to -- after that six month term is completed -- for example, is completed, then, from that point forward she would -- Nary: Correct. Wardle: -- she would receive it? Nary: Yes. Wardle: Okay. Nary: And, then, you certainly are free to do it either way. Meridian Clty Council October 19, 2004 Page 16 of 35 Wardle: Right. And second doesn't agree with retroactive De Weerd: Okay. Motion dies for lack of second, unless Charlie has a second. No. Okay. Do we have another motion? Mr. Wardle. Wardle: Madam Mayor, I move that we accept the 1.5 percentage COLA increase, excluding the three groups that have been discussed and, then, after those durations are completed, they receive the 1.5 percent increase going forward within this budget year. Rountree: Second. De Weerd: Okay. It's been moved and seconded as stated. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Thank you, Council. Bird: Madam Mayor, before we move on, I want to -- Mr. Berg, I would like to get the tapes of our workshops on the budgets regarding payroll, because I don't believe this was what was discussed. But I need to clear -- my memory isn't what it was ten years ago. De Weerd: You want to know what this was ten years ago? Bird: No. No. I said my memory isn't what it was ten years ago. Rountree: Oh. He can't find his memory from ten years ago. Item 7: (Items Moved from Consent Agenda): De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda. De Weerd: So, we will move Item 8. This does bring us into our Public Hearing portion of our agenda. Items 8 through 12 are all public hearings and by ordinance we are required to swear each person who wishes to provide testimony in and so I would like to do it all in one great group exercise. So, those who desire to testify, if you will, please, raise your right hand. Do you swear the testimony you provide tonight be the truth, so help you God? If so, answer I do. (Affirmative answers.) Meridian Clty Council October 19, 2004 Page 17 of 35 Item 8: Public Hearing: AZ 04-024 Request for Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: Item 9: Public Hearing: PP 04-031 Request for Preliminary Plat approval for 143 single-family residential building lots and 19 common lots on 47.66 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: Item 10: Public Hearing: CUP 04-033 Request for a Conditional Use Permit for a Planned Development consisting of a school lot and single-family residential lots with reductions to the minimum requirements for lot size and street frontage for proposed Silverleaf Subdivision by Centennial Development, LLC — 2683 West Chinden Boulevard: De Weerd: Thank you. Okay. I will open the public hearings on Items 8, 9 and 10 for AZ 04-024, PP 04-031, and CUP 04-033 with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This Item No. 8 is the annexation and zoning request. This properly was, actually -- a portion of this property -- and I think with the exception of the bottom here, was before the city in 2002 for an annexation plat application. Due to some serviceability issues, as well as road access issues, the application was withdrawn. But for those of you that may recall that, it is the same property, with the exception of the acreage over here that has frontage on Ten Mile was added. They are proposing an R-4 zone, which is similar to Lochsa Falls. Lochsa Falls Subdivision is to the east and the south. The future community park is located here on the south side of the project. Verona Subdivision is further south than that. Ten Mile Road is on the west. Chinden Boulevard on the north. The property is designated sort of split low density residential on the northern quarter or half or so and, then, medium density residential. That's for the Comprehensive Plan designations. Aerial photo kind of shows where Lochsa Falls has final platted their lots to date. Here is the plat that was submitted with the application. There are 143 single-family residential building lots and 19 other lots. They are proposing three phases. They would begin on Ten Mile Road. Single point of access off of Ten Mile. At this point their proposal would, then, be to use Lochsa Falls internal local road systems to extend further to the east. Phase two is this over here and, then, phase three, I believe, is on the north. So, that's kind of the order that they are looking at. The property does include a school site, about 10.2 acres that's located here in the northeast corner. The planned development does propose two exceptions from the code. One of those is for the minimum lot size to be dropped to 5,000 square feet and there are about 85 lots that are affected by that change. The second change they are asking for as part of the planned development is the lot frontage and that's proposed to go to 50 feet and there are about 89 lots affected with that change. They are proposing a tot lot area with playground equipment in the larger common open space area here. They are also proposing a gathering area with a picnic table and barbecue equipment. And, then, sort of a pathway system that connects the open spaces. They do have -- they did commit Meridian City Council October 19, 2004 Page 18 of 35 before the Planning and Zoning Commission to ten percent open space within the project, which is just a little bit more than what they have shown on this plan. We did receive comments from the Idaho Transportation Department that stated that they were in general support. Planning and Zoning Commission discussed a temporary vehicular access onto the Highway 20-26. The way that the condition words now, that temporary access would go away as soon as they have a secondary permanent access off of Chinden. I'll let the applicant kind of address that a little bit more. My understanding is that they -- they may not need that temporary access, but that was discussed and included in the Commission's conditions. The planned development did also include some sample elevations of the detached housing product. These are a little bit unique. As you know, normally, the city doesn't have these -- during planned developments we do like to see, since it's -- if they get approved as a planned development, we like to see at least some basic consistency of style and so they have included those in their application. The Planning and Zoning Commission -- there was no opposition from the public that testified. They had basically just one change to the staff conditions that were recommended and that was on Chinden Boulevard, the sidewalk got some discussion as to whether or not that sidewalk should or should not be included in the 35 -foot landscape buffer along Chinden. What the Commission recommended was that rather than adding the five feet of landscaping — or that that would -- that the sidewalk would be included within the 35. Basically, the point is to match up with what Lochsa Falls is going to be doing to the east, which they have not submitted final plat for that on Chinden, Lochsa Falls. When they do, that more detail will come into us, Obviously, we will -- the Planning and Zoning Department will tract the coordination between those two and insure a consistent look along the Chinden Boulevard frontage there. I think those are the main issues that the P&Z Commission talked about. They did recommend approval. There were two ayes and two absent at their meeting. Really, no outstanding issues for the Council to discuss. The staff report did briefly mention in terms of sewage that they are proposing to temporarily run the sewer out to Ten Mile and discharge at that point and this is my understanding to be designed as part of the Black Cat Trunk, but Public Works staff did talk with the applicant quite a bit about this and agreed that temporarily running it out to Ten Mile would work, so -- any questions? De Weerd: Brad, what is the school there to the east? What kind of school? Hawkins -Clark: Elementary. De Weerd: Elementary. And what is on the other side of that elementary school lot? I guess I'm always concerned, because the school district was to tuck those schools surrounded by houses and I see there is potential of open view in on that one street as shown. But do you have any idea what the other side of that looks like? Hawkins -Clark: The preliminary plat for Lochsa Falls has that as their -- as their primary residential collector coming into the section. You know, ITD has restricted access on Chinden to just one at the half mile and so that would be adjacent to that. I did just receive from Mr. Amar here a copy of that preliminary plat. I can just put it up on the overhead real quick. So, the school property is located here on the left-hand part of the Meridian City Council October 19, 2004 Page 19 of 35 screen. Chinden here up at the north. And they have this -- with this island with this split median here coming in. So, there, actually, is no front -on housing. There is some landscaping open space along this west side. De Weerd: Well, that's great. Thank you. Bird: Madam Mayor, could I ask -- De Weerd: Mr. Bird. Bird: Brad, would you repeat for me on the lot sizes on those 83 that are under R-4? I missed -- I didn't get -- Hawkins-Clark: Yes, sir. Well, there are -- what they are proposing is to go down to have a 5,000 square foot minimum lot size. I have to get them to state how many are actually at the 5,000. Not very many. The number that I gave was I think 89 of the 143 lots are actually below the 8,000, but it doesn't mean that they are all at the 5,000. So, there is kind of a range in there. Bird: Follow up, Mayor? De Weerd: Uh-huh. Bird: Why would we -- if you have got that many lots below the 8,000 or the R-4 designation, why would we want to give an R-4 zoning? Hawkins -Clark: Madam Mayor, Councilman Bird, the overall gross density of the project is -- without the school is 3.7 or 3.8, 1 believe. So, the density is, actually, still meeting the R-4. So, staff felt that because the overall number of dwelling units is still less than four, that in order to give a greater diversity in lot sizes and not just have all 8,000 to 10,000 square foot lots, have a little bit more a mix that -- since the density was still met, that we supported it. Bird: Okay. Thank you. De Weerd: So, the percentage above what's the average square footage on those lots? Hawkins -Clark: I do not have that, Madam Mayor, right in front of me right now. I can look for that while they -- De Weerd: I'm sure the applicant can answer. Okay. Any further questions for staff? Bird: I have none. De Weerd: Okay. Is the applicant here? Meridian City Council October 19, 2004 Page 20 of 35 Amar: Good evening, Madam Mayor, Council Members, my name is Kevin Amar, I'm representing Silverleaf Subdivision. Address 114 East Idaho, Suite 230,1 here in Meridian. I will address some of the questions and briefly do a presentation, although staff did a good representation of what we are requesting this evening. It is for 143 residential lots on 46 -- almost 47 acres. It includes also one school lot. We have worked with Wendell Bigham quite extensively to provide a location for the school here. As you know, this section of town is rapidly filling up with residential housing, what with Lochsa and also Bridgetower in this area and they had not yet secured a school site and so they are excited to have a school site in this location and we are happy to provide them one as well. The subdivision ranges from about 5,000 square foot -- lot size 5,000 square feet up to 15,000 square feet, excluding the existing house. The existing house sits on approximately an acre. There is one existing house in the center at this location. So, there are, actually, 142 new residential lots. In the 5,000 square feet range there are about 40 lots. The request for less than the R-4 zone is simply anything below the 8,000 square foot range. So, although we are asking for -- I believe the number was 83 lots below the R-4 zone, all of those are certainly not within the -- the 5,000 square foot range. In fact, the area we did put some of the smaller lots was around -- concentrated around this park area, also on the collector, and, then, some in center, but we also tried to incorporate pathways in this area. As you can see, there is a big park area here and here. Through this also will be a pathway that will allow people to get and gain access down to -- I don't even know the name of the park yet, but the future city park at this location. If you look in this area, these lots are probably more in the range of eight to nine thousand square feet. Although the frontage is less than R-4 zoning, the lots are deeper and larger lots. The overall lot size within this project is around 7,500 square feet. The question came up why did we request the R-4 zoning. We are below the — in fact, the total density on this project is three units to the acre on a gross density and net density is 3.8 units to the acre. So, we are below the R- 4 zoning. The other thing we looked at was the surrounding area and as you look at Lochsa all around us and I believe also Bridgetower, that was also requested to be an R-4 zoning. So, we were trying to be consistent with the other zoning that was previously approved within that same section and that was some of the reasoning that we did request the R-4 zoning. The lots and the density within this project and within Lochsa are extremely similar. The density within Lochsa is, I believe, 3.76 units to the acre. We are 3.8 units to the acre on a net density calculation. So, we are looking at that. Some of the items that we did discuss at Planning and Zoning -- and we were recommended for approval at that time. Our open space calculation, we need about 18,000 square feet to come up with ten percent open space. We are going to increase the open space to ten percent open space, more in the park area, things of that nature. Also, it was requested the buffer area along Chinden. That is an area that we are happy to provide a buffer, we just want to provide the same situation that Lochsa did. Its our understanding at this time that they provided 35 feet with a sidewalk within that 35 feet. They have not final platted that yet, so I guess it hasn't been established exactly what they are providing and we couldn't find any specifics stating one way or the other. We are talking to Kent Brown with Briggs Engineering as the engineer on it and he will inform us what they are doing and we will match it. We are just trying to be consistent with them. Also, we are requesting the use of a temporary access and do Meridian City Council October 19, 2004 Page 21 of 35 have approval from ITD to do so. The reason for that temporary access is simply to allow us to continue should Lochsa slow down. At this time, in speaking with Justin Martin, the representative for Lochsa, they are currently developing this area down here. So, we will have connection at this point and this point. They hope to have it paved by the end of the year, although certainly by next spring. They are currently installing the sewer, the water, things of that nature. Their next phase includes this collector street that runs along our eastern boundary, which will provide our access out to Chinden. That phase they indicated will start construction this winter. There is some gravity irrigation that needs to be constructed prior to that phase and they will start that this winter also. So, although we are requesting a temporary access, it's simply a fallback measure in case Lochsa does not proceed. We do not anticipate using that at this time. As Brad stated, we will have phase one in this area, which can currently be developed, taking access off of Ten Mile. Phase two in this area, which will probably also incorporate the school site. And, then, phase three will be the remainder portion of this. With that, I believe those were the questions that came up. We are excited about this project and stand for any questions at this time. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kevin, you told us you had 45 5,000 lots. How many above 8,000 lots have you got? Eight thousand or above? Amar: I'll have to count those. There is 35 in the lower section. Do you want me to count -- Bird: Mr. Nickle back there can tell you. Amar: Fifty. Bird: How much? Amar: Fifty. Bird: Fifty of them 8,000 and bigger? Amar: Above 8,000. 1 think if you do the calculation, our average lot size is right around 7,500 square feet. Bird: That's what I kind of guessed. Between six and seven. Okay. That's all I had, Mayor. Rountree: Madam Mayor? Meridian city Council October 19, 2004 Page 22 of 35 De Weerd: Mr. Rountree. Rountree: What do you propose to do to mitigate the noise from Chinden Boulevard? Amar: Along Chinden Boulevard, obviously, will be a berm and there have been -- this will have to be an increased berm size, meaning -- I don't know if you have seen Lochsa, but they actually pushed the top of the berm right to the edge of the property line, so there is a slope in backyards. We would do the same thing in this location, simply to get that berm up taller and, then, on top of that berm there will be a fence also, along with landscaping and things of that nature. It's a fairly effective measure. A lot of -- if you look at Bristol Heights and Hobble Creek down into the Boise area, they did something similar. I actually have friends that live in one of those lots and you can hear -- you can hear the traffic, but it is not insurmountable. You can still have a conversation in the backyard and it seems to be a very effective way of doing that. Rountree: Can you give me an estimate of the height? Amar: Thirty-five feet. If you go four to one, you're looking five to six feet. I think. Did I do that calculation right? Plus the fence on top. Rountree: I would venture a guess that that's not going to do much for noise. The access off of Ten Mile, I'm really concerned about that becoming yet another enforcement issue. You have got almost a half mile pretty much straight shot. That's going to feed the center of that section and it comes straight out to Ten Mile. I don't see anything on that proposed corridor to buffer traffic speeds, reduce speeds, make it non - conducive to scooting through there at 40 miles an hour. Amar: At this location we do have the center median and ACHD has also required that we put another one at this location and, then, one at the entrance also, so within this quarter mile stretch there will actually be three of those traffic -calming devices. De Weerd: Anything further? Rountree: That's all I have got right now. De Weerd: Council, any further questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Amar: Thank you. Wardle: Madam Mayor, I'm sorry. Meridian City Council October 19, 2004 Page 23 of 35 De Weerd: Mr. Wardle. Wardle: One question and just from the park side of things. Are you working with the parks department to talk about the fencing on the southern end of the property, which will abut the park there? Bird: We have not met with the parks department on that issue, no. Wardle: Okay. De Weerd: Our director is here tonight. Amar: I can go have a meeting real quick. De Weerd: You can at least set one up. Amar: Okay. De Weerd: Thank you. Amar: Thank you. De Weerd: Okay. I have a couple of people who signed up to testify or to at least indicate their support of or support against. I have a Jerry Stevenson. Is for? Okay. And Tim Ruhl is against. Would you like to provide testimony? Okay. Renee Ruhl against. They must have — Rountree: Signed the wrong sheet. De Weerd: Or signed the wrong sheet. Amar: We did hold a neighborhood meeting. The only neighbor that showed was Mike Meyers. He's the neighbor directly to the west. And he is not here, but he didn't indicate any opposition to the project. De Weerd: Okay. Thank you. Is there anyone else who would like to offer testimony on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we close the public hearings on AZ 04-024, PP 04-031, and CUP 04-033. Meridian City Council October 19, 2004 Page 24 of 35 Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items 8, 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion or are there any further questions or information we need? Bird: I have none, Mayor. De Weerd: Should have done it when I -- okay. If not, I will entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 8, AZ 04-024, annexation and zoning for Silverleaf Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 8. Is there any further discussion? Rountree: Madam Mayor, I have a couple comments. De Weerd: Mr. Rountree. Rountree: My concerns for the access off of Ten Mile still remain. I don't see that there has been sufficient traffic calming for that length of road and the volume of homes that it will eventually serve I'm also concerned about the impact of noise on the homes on the north and the impact on the future roadway users that end up having to pay a million dollars a mile to buffer sound, because development comes in there and doesn't do anything for the sound that's already there. For that reason -- and my previously stated concerns about using planned unit developments to oftentimes get around some of the things that we are trying to accomplish with certain zoning classifications, I'm going to have to vote in the negative on this particular application. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Meridian city council October 19, 2004 Page 25 of 35 De Weerd: Item No. 9. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, PP 04-031, Preliminary plat for Silverleaf Subdivision. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I second this, I got a question for Mr. Nary. Is this where we should put the Chinden calming deal up there? I kind of agree with Mr. Rountree on that, that -- it would be in the preliminary plat, wouldn't it? It wouldn't have been in the zoning -- annexation and zoning? That berm. Nary: Madam Mayor, Members of the Council -- oh, on the berm? Yes. On the preliminary plat. I will second, then, we can have discussion. De Weerd: Okay. The motion is to approve Item No. 9. It's been seconded. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got real concern about calming. I don't know if eight foot fence with a fence on top of it -- how much calming that's going to do up at that area, because I can only see Chinden getting noisier every year. I would like to see -- I can't -- I see the berms and stuff along Eagle Road that's on the residential and I got to believe that they are taller than eight foot. Rountree: Probably approximating ten. Bird: Ten, Charlie? That's -- to me, I -- if the motion maker would amend that, I would like to see a minimum of a 12 foot berm, plus fence that. Wardle: Just for discussion purposes, I'm certainly -- I understand the concerns and willing to amend the motion. I'm not sure if 12 is an arbitrary number -- Mr. Rountree, do you have any insight as to whether that would accomplish the goals that we are looking for? De Weerd: Mr. Rountree. Meridian City Council October 19, 2004 Page 26 of 35 Rountree: Madam Mayor, typically what you have to do to buffer sound on a highway of that nature with not only the residential and the commuter traffic, with the percent of commercial vehicles, you would have to have a berm or wall that would be higher than the smoke stack on an 18 wheel vehicle. So, it can run somewhere between ten and 12 feet. It's a sizable -- its a sizable activity when you're dealing with trying to reduce noise levels adjacent to a residence. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Rountree, is the fence on top of that any help at all in muffling some sound? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If it's a non -penetrable type of fence with some density, a block wall, there are some products on the market that use some pre -formed concrete slabs and those kinds of things, but it has to be an impermeable, dense, type of fence, so a white vinyl fence on top of it, no impact. A cedar fence probably no impact in terms of noise -wise. Bird: And a berm 12 foot would be? De Weerd: I guess my question to Mr. Hawkins -Clark is can you get a 12 -foot berm on a 35 -foot buffer? Hawkins -Clark: No. De Weerd: And put a sidewalk on there that people could walk on? Hawkins -Clark: The city of Eagle, I believe, Madam Mayor, has a 70 -foot wide width requirement on their state highways for -- to accommodate -- that may be a little excessive, but, you know, I think in order to really -- that's assuming that you're going to put a ground cover on it that needs to be mowed. You know, you can't go steeper than a three -to -one slope and still get a mower to work on it, so you do probably need about 65 -foot minimum. So, they would lose five building lots. De Weerd: Council, since we have approved the annexation and zoning, we may want to consider reopening the Public Hearing on the preliminary plat and ask the applicant to maybe go back and be able to respond to concerns about offering mitigation to the traffic noise and bring some ideas back to Council at the next meeting. Just for your consideration. Wardle: So moved. Meridian City Council October 19, 2004 Page 27 of 35 Bird: Well, no, we have got a -- I pull my second. You got to pull your motion, because we had a motion and second. Wardle: I remove my motion, Madam Mayor, and make a motion that we reopen the Public Hearing on Item No. 9, PP 04-031, for clarification specifically on noise mitigation from Chinden. De Weerd: Okay. Do I have a second? Bird: Oh, I will second that. De Weerd: Okay. It's been moved and seconded to reopen the Public Hearing on Item No. 9. All those in favor say aye. Okay. Those opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We have reopened the Public Hearing. Would the applicant like to provide some -- a response? Amar: Sure. Madam Mayor, Council Members, for the record, my name is Kevin Amar. With respect to the noise buffering, there were a couple of items that were brought up, one being the city of Eagle and the 70 -foot width. They, actually, allow a portion that -- I believe up to 30 feet, to be within the backyards, so the berm -- similar to what they did in Lochsa, actually, is built up to the property line and, then, some of that slope goes into the backyards. There is also -- and my engineer is here to address this, probably better, a process that ITD goes through that basically deed restricts the lots, that they cannot protest in the future to the noise, that the noise abatement will be done during the development, similar to what is done around airports and things of that nature, that people are made aware beforehand that they are living next a highway or in an airport situation next to an airport. Those are items that we can do and, certainly, will do on this project. One question with respect to this, it sounds like Council -member Rountree suggested 10 to 12 feet or maybe that was Council -member Bird. My question, I guess, is -- and it was referenced on Chinden, some of those berms are 10 to 12 feet tall. Is that simply a berm or is it a berm in combination with an impermeable wall as Councilmember Rountree suggested? I guess that's some direction that I was looking for from this Council. De Weerd: Mr. Rountree, do you have any comment? Rountree: From that point any combination that reaches that height is probably acceptable, as long as it has the barrier effect for sound. So, whether the fence is four feet or ten feet or whatever combination with the berm, it will have to be a dense material or an acoustical material to reduce the noise level. Amar: And I believe the height that we were looking for was ten feet? Is that the number that we -- Meridian City Council October 19, 2004 Page 28 of 35 Rountree: That's kind of a rule of thumb. I think that would have to be engineered based on height of the center -line of the road and the elevation of the adjacent property. If the property is depressed, then, you know, it will go up and down with that level. Amar: But that's in reference to where the center -line of the road is, really, what we are looking at. Rountree: Where the noise would be coming from and is coming from. Amar: Sure. I think we can meet those requirements. Again, the Idaho Transportation Department has addressed this also with those deed restrictions that they request on the property. So, understanding that we don't want the taxpayers to pay for that burden, neither does ITD, so that is something we will also reference and put a deed restriction on those lots that are adjacent to Highway 20-26 or Chinden, that they will be notified prior to moving there that this is an area of concern. De Weerd: Well, we can certainly do both. Now, are you okay with coming back next week with a plan or do you have one or -- Amar: I guess what I would request is that we do a minimum of ten feet, whether that combination be berm only, berm and block wall -- I don't believe we can do anything higher than six feet in the fencing, as I would -- so, it would be a four foot berm with no more than a six foot wall or some combination of that to provide the ten feet of mitigation. And I guess I would request that as a condition of approval, rather than -- Bird: Continue. Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: Kevin -- and it's like Councilman Rountree said, that it's going to depend on the center elevation of the road and where you are. So, maybe it would be 12 feet there, which would be a six and six. Would you have any -- we could state in our deal a minimum of ten, with -- De Weerd: Above centerline? Bird: Above centerline, a minimum of ten above center line and they could use whatever combination they wanted, a berm and the deal. Would you feel comfortable with that? I mean if they wanted to go six berm, four block -- Rountree: On that issue I think if it's engineered appropriately, whether it's stated a minimum of ten and based on engineering it could be nine or based on engineering it may be 14 -- I mean, again, it could vary through that length what it might be. So, I think we have an opportunity here to at least establish a precedent on what's going to happen adjacent to this principal arterial. So, it ought to be done right now, instead of Meridian City Councll October 19, 2004 Page 29 of 35 having to come back in and retrofit it to the dismay of the homeowners and anybody else that might have to pay for it in the future. De Weerd: Thank you. Bird. I feel comfortable with that. De Weerd: It looks like we have an engineer who would like to comment. Bailey: Yes, Ma'am. Madam Mayor, for the record I'm David Bailey with Bailey Engineering. My office address is 1500 East Iron Eagle Drive in Eagle. I have -- actually, did one of these berms on the Eagle bypass up there not too long ago and what I would suggest on this, as one -- I probably mis-explained to Kevin what the ITD requirements are and what they are is its a guideline for the Planning and Zoning that's given by ITD to your Planning and Zoning Commission that says, you know, here is what we recommend that you help us do the noise mitigation, so that the traveling public and the taxpaying public doesn't end up buying these screen walls some day in the future, because the people complained and so I think that's the purpose of this. I don't think that -- and I don't know this in detail and I will study this to understand what we are talking about, but ITD is saying that noise mitigation is the responsibility of the developer, okay, and that the city certainly needs to hold us to that, so I think this discussion is appropriate. But it would seem to me that it would make sense that we will provide an engineering analysis of the noise abatement that we are providing on this and if that requires a nine or a ten or a 14 -foot structure or berm or a combination of those two along that area, we should probably provide the engineering analysis as to how we came up with what we are placing out there. I will go back and review the city of Eagle's guidelines on that and I'm not saying we want to be Eagle or I want to follow all their rules, for that matter, to tell you the truth, but they do have some good guidance in there and some ways to measure those calculations and I have some engineering resources to go actually do the engineering analysis that will present it with the final plat to your staff and they review that with the final plat conditions, so before we build anything you see our analysis on that and see that we have done our homework on that end of it and I think that should, hopefully, suffice. De Weerd: Council, questions? Bird: I feel comfortable with that. Rountree: Yeah. De Weerd: Thank you. Bird: Do you, Shaun? Wardle: Yes, I do. Madam Mayor? Meridian City Council October 19, 2004 Page 30 of 35 De Weerd: Mr. Wardle. Wardle: While I have got Kevin on the record, will you now potentially be working with the parks department to talk about fencing types on the southern boundary of that? And is that something that -- since we don't have a recommendation from the parks department on the fencing types, we -- I don't necessarily know that we need to make it a condition -- Amar: Again, to make it easy, maybe we just do the same as was required with Lochsa. They have probably addressed this with — with the parks department also. They were involved heavily with the parks during Lochsa. So, we can address that the same that Lochsa addressed the fencing requirements. Wardle: Thank you. De Weerd: Is that sufficient, Doug, to your end? Thank you. Thanks, Kevin. Amar: Thanks. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we close PP 04-031. Wardle: Second. De Weerd: Okay. It's been moved to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Do we have enough information now for a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a -- for Mr. Nary, I think we all agree on the concept. How do we word that within a motion to reflect the engineering study for mitigation? How do we make that a condition? Nary: Madam Mayor, Council members, Council member Wardle, I think in your motion all you're simply going to have to do is reference that document that you're talking about that Mr. Bailey was referencing in his discussion. Reference that document and I don't know that the planning staff has a copy of that -- okay. They have a copy of that. So, in Meridian City Council October 19, 2004 Page 31 of 35 the findings they can include the language in there, as well as the mitigation concerns that have been expressed regarding how high -- the high and the type of buffering that needs to be along that corridor. But I think if you just reference that, that will be sufficient. De Weerd: Mr. Wardle, I guess there is just one other thing. They have mentioned that ACHD has also required to put in an additional island that is not shown on the plat and I don't know if it's shown on the plat that we have, but just to make note that it does need to be one that would be efficient in slowing traffic at that point. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for an assistance to the staff, Councilmember Wardle, if he's going to make the motion, may want to reference whatever the plat -- the latest date they would have that other island on it, since it was -- they just said it was already required or if they haven't submitted it, then, it's going to have to be that that the Council is going to approve. De Weerd: Brad, on the most current plat we have, is that additional island shown? Hawkins -Clark: Oh, it is an ACHD condition, required to be submitted at the time of final plat. Nary: Okay. De Weerd: Okay Hawkins -Clark: According to the applicant. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that I move that we approve PP 04-031, preliminary plat for Silverleaf Subdivision and to include specifically ACHD's requirement for an additional traffic calming device on the road from Ten Mile and to also include document Planning and Zoning Recommendations Noise Evaluation -Mitigation from the Idaho Transportation Department and to include that as a requirement for final plat. Bird: On Chinden Boulevard? Wardle: On Chinden Boulevard specifically. Meridian City Councll October 19, 2004 Page 32 of 35 Bird: Okay. I'll second that. De Weerd: Okay. The motion is to approve PP 04-031 with the additional amendments to the findings as noted. Any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Thank you. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, CUP 04-033, Conditional Use Permit for Silverleaf Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 10. Is there any further discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 11: Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72 acres from RUT to R-4 zone for proposed Kingsbridge Subdivision by Vision First, LLC — 4070 South Eagle Road: Item 12: Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a Planned Development consisting of single-family residential lots with reductions to the minimum requirements for lot size, street frontage and request to exceed the maximum block length allowed for proposed Kingsbridge Subdivision by Vision First, LLC — 4070 South Eagle Road: De Weerd: Thank you. Okay. Items 11 and 12 have been requested to continue to November 3rd or table. No, I guess -- Bird: No. No. We got to continue a public hearing. De Weerd: I have to open the public hearings and, then, continue them. I will open the public hearings on Items 11 and 12, AZ 04-023 and CUP 04-032 and accept a motion to continue these two public hearings until November 3rd. Meridian City Council October 19, 2004 Page 33 of 35 Rountree: So moved. De Weerd: Is there anyone here that wishes to testify on this application? Thank you. Rountree: Madam Mayor, I move that we table Items 11 and 12 until November 3rd. Bird: Second. De Weerd: Okay. The motion is continue public hearings 11 and 12 to November 3rd. Rountree: Continue. Excuse me. Not table. De Weerd: Continue. Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Water, Sewer and Trash Delinquencies: De Weerd: Okay. This is to inform you in writing, if you so choose, that you have the right to a pre -termination hearing at 7:30 p.m., Tuesday, October 19th, 2004, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer and trash bill is delinquent. You may retain counsel. Your service will be discontinued on October 20th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. They are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $39.996.02. Do I have motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the delinquency turnoff schedule for October 20th, 2004, in the amount of $39,996.02. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the turnoff list. Is there any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council October 19, 2004 Page 34 of 35 Item 14: Ordinance No. 04-111 RZ 04-010 Request for a Rezone of .68 acre from R-4 to an O -T zone for Mittleider Rezone by Leon Smith — 125 West Cherry Lane and 1645 West 18 Street: De Weerd: So, Seth, I imagine that you just got such a great experience during your leadership Meridian you just had to see it in real? Item 14 is Ordinance No. 04-1111 for RZ 04-010. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1111, an Ordinance finding that Lovella Mittleider, Janice Mittleider Smith, and Leon Smith, the owners of certain real property known as 125 West Cherry Lane and 1649 West 1st Street, consisting of .68 acres and commonly located on the south side of Cherry Lane, approximately 320 feet west of Meridian Road between West 1st Street and West 2nd Street, in Section 12, Township 3 North, Range 1 West, meridian, City of Meridian, Ada County, Idaho, which lies contiguous within the city limits of the City of Meridian, County of Ada, State of Idaho, and having made a request for rezoning in writing to the Council and that said land be rezoned and designated Old Town District (OT), repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be rezoned with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho. De Weerd: Thank you. You have now heard the ordinance read by title only. Is there anyone who would like to hear it read in its entirety? And if you so desire you can read it yourself. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 04-1111, with suspension of rules. Bird: Second. De Weerd: It's been moved and seconded to approve Item 14. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Executive Session per Idaho State Code 67-2345(1)(c): De Weerd: Thank you. Item 15, Executive Session. Bird: Madam Mayor? Merldian City Council October 19, 2004 Page 35 of 35 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: MEETING ADJOURNED AT 9:40 P.M. (TAPE —OF TpI�OCEEDINGS) 49 MA ORTA DE WEERD DATE APPROVED ATTEST: ,, C?�oraar� ti s SEAL WILLIAM G. BERG, JR, CITY CLERK ' P q ;7[tr. Nl 4N41�{t4�