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HomeMy WebLinkAbout2004 10-26CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle O Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Led by Keith Bird 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: Approve as Revised 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: Approve B. Approve Minutes of October 4, 2004 City Council/ACRD Commission Special Joint Workshop Meeting: Approve C. Approve Minutes of October 5, 2004 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC — east of North Eagle Road and north of East Fairview Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC — east of north Eagle Road and north of East Fairview Avenue: Approve Meridian Cay Council Agenda— October 26, 2004 Page 1 of 4 F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1.82 acres from RT to C -C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC — northwest corner of East Overland Road and South Locust Grove Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C -C zone for Maverik Country Store by Maverick Country Stores, Inc. —1495 South Locust Grove Road: Approve H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — east of North Locust Grove Road and south of East Ustick Road: Approve Findings of Fact and Conclusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — east of North Locust Grove Road and south of East Ustick Road: Approve J. Resolution No. 04-448 : VAC 04-006 Request for a Vacation of 25 -foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossing Subdivision by Bonnie Reiterman — south of East McMillan Road and west of North Locust Grove Road: Approve K. Resolution No. 04-449 : VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No. 2 by Brighton Corporation — east of North Black Cat Road and south of West Ustick Road: Approve L. M. Limited Partnership Investments: Approve School District: Approve N. Award Bid for 2004 Waterline Improvement Project, Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: Approve Meridian City Coma Agenda — October 26, 2004 Page 2 of 4 O. Design of Well #27 Pumpina Facilities - Civil Survey: Approve P. — DC Approve Q. Ratify Change Order No. 1 to No ra Adventure Island Playground: Approve 6. Department Reports: A. Public Works Department — Brad Watson 1. Staff from both cities meet to 2. 3. 4. Quenzer Commons Condominium Plat: Approve B. City Attorney — Bill Nary 1. Clarification of Decision for Alexandria Subdivision Project: Clarified — Prepare Order C. Planning and Zoning Department — Anna Canning 1. Representation on ACHD Committee November 8, 2004 11-2:00 P.M. Brad H -C and Keith Bird 7. (Items Moved from Consent Agenda) S. MI 04-012 Request to allow a one-time lot division to separate an un -platted parcel into two parcels in an I -L zone for Tony Zanders by Tony Zanders — 199 North Linder Road: Approve 9. MI 04-013 Request to allow a one-time lot division to separate an un - platted parcel into two parcels in an C -G zone for Kevin Knighton by Kevin Knighton — 2200 East Overland Road: Approve Meridian City Council Agenda— October 26, 2004 Page 3 of 4 10. Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda —October 26, 2004 Page 4 of 4 Meridian City Council Reaular Meeting October 26, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 26, 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, Anna Canning, 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: I will go ahead and call the regular City Council meeting to order. I'd like to welcome all of you here with us. It is Tuesday, October 26, at 7:00 a. -- or 7:00 a.m. It seems like it. 7:00 p.m. and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance. Councilman Bird will lead us in the pledge. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: De Weerd: Okay. Item No. 3 is our community invocation. Please join us in the invocation or take this moment for a moment of silence. Ragan: Thank you, Madam Mayor, Members of the Council. Let us pray. Father, we come before you this evening, Lord, thankful for this day and we are thankful for the opportunity to gather here, Lord, as our leaders discuss the business of the city, Father, I just pray for your presence here this evening, Lord, just pray for your Holy Spirit to lead and guide this meeting. Father, give wisdom to the City Council and our Mayor in decisions they have to make in regards to the future of our city, Lord, future plans and the laws and just the various aspects and different things that they need to decide, Lord. I just pray for that wisdom for them. Lord, we just pray that you will just continue to bless them in their roles, Lord, bless them as they seek to lead our city, Lord. We just pray that you would bless them physically in their health, Lord, financially, Lord, emotionally and mentally and physically, Lord. So, Father, we just pray for their Meridian City Council October 28, 2004 Page 2 of 28 families, Lord, just pray for your blessing on their families as well. Lord, doing the work for the city, that can be a -- take up a lot of time and be exhausting, Lord, so we just pray that you will just refresh them and just renew them each day, Lord. Father, once again, we just pray for your presence here this evening and we just pray for wisdom in the decisions that are made, Lord, just give them just a sight into your plan for our city and, Lord, in the decisions that they make. We praise you and thank you in Jesus precious name, amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Ragan, I would like to present you our new City of Meridian pin and thank you forjoining us. Okay. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have one additional request for our agenda and that would be under Department Reports, Item C, Planning and Zoning wants to discuss some ACHD policies. And with that I would move that we accept the agenda as revised. Rountree: Second. De Weerd: It's been moved and seconded to approve the Council agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: C. Approve Minutes of October 5, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC — east of North Eagle Road and north of East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Meridian City Council October 26, 2004 Page 3 of 28 Development, LLC — east of north Eagle Road and north of East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1.82 acres from RT to C -C zone for proposed Wrinkleneck Project by Wrinkleneck Partners, LLC — northwest corner of East Overland Road and South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C -C zone for Maverik Country Store by Maverick Country Stores, Inc. — 1495 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — east of North Locust Grove Road and south of East Ustick Road: I. Findings of Fact and Conclusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — east of North Locust Grove Road and south of East Ustick Road: J. Resolution No. 04-448 : VAC 04-006 Request for a Vacation of 25 -foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossino Subdivision by Bonnie Reiterman — south of East McMillan Road and west of North Locust Grove Road: K. Resolution No. 04-449 : VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No. 2 by Brighton Corporation — east of North Black Cat Road and south of West Ustick Road: L. Limited Partnership Investments: M. N. Award Bid for Meridian School District: Masco, Inc. for $370,098.30: Meridian City Council October 26, 2004 Page 4 of 28 O. Design of Well #27 Pumpina Facilities — Civil Survey: P. Design of Primary Backup Power at the WWTP — DC Engineering: Q. Ratify Change Order No. 1 1 Adventure Island Playground: De Weerd: Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On J, the resolution number is 04-448 and K is 04-449 and I move that we approve the Consent Agenda and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Mr. Berg, 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 De Weerd: Thank you. Okay. Item 6 under Department Reports, we will start with Brad Watson with Public Works. Watson: Thank you, Madam Mayor, Council Members. The first item is a request by Bradford and Camille Shaw for the city to I guess authorize them to pursue getting sewer service from Boise city. They are located in the referral area south of Lake Hazel Road between Eagle and Cloverdale Roads. I believe you have a letter that they wrote that's dated -- well, it's dated received by the Mayor's office October 3rd. They describe the situation that they have. It's an existing cattle operation, no longer qualify for an ag tax exemption, they are pursuing a more dense development than what would be allowed in the county with central sewer. There is a supplemental letter from an engineer that they hired, Earl, Mason, and Stanfield, written by Scott Stanfield, that indicates that sewer service is readily available from the Boise city system through -- I Meridian City Council October 26, 2004 Page 5 of 28 think it's the one directly east of them. I'm trying to find the name of that subdivision. Not that it particularly matters. The City of Meridian sewer is very far off from this and it is at the very uppermost southeast corner of our service area. I wouldn't estimate sewer service being available within the next five years. It depends on the Black Cat Trunk coming all the way from Black Cat and Cherry Lane, under the interstate, and traversing four or five miles to get to this point. Other than that -- I can provide more information if you'd like, but I guess what I'm seeking is direction from Council as to whether I should write that letter to Boise city saying that we have no opposition to them seeking sewer service with Boise city. De Weerd: Brad, have you been able to meet with the city staff and Boise and start looking at who can best serve what areas? I do know that the area that is in our reference area has been planned for long term sewer service and so I think at this point, because we have stalled or delayed the Black Cat extension until a Ten Mile interchange is in place, we need to really firm up what areas the two cities can serve and, really, let property owners know in those areas that sewer service, when it will be available and what the master plan states. Watson: Madam Mayor, Council Members, I haven't had any direct conversations with Boise city public works. Anna has talked with the planning director at Boise city and he has indicated that he would initiate a meeting with their public works and they would contact us. I believe she contacted them again just before she left a week and a hall ago or so and hasn't heard back. This one would probably be one of these candidates, in my mind, that would more easily go to Boise city. It can be served by gravity sewer. I haven't looked at it in detail from our area of impact line down to the bottom of the referral area, but this one would probably be one of those prime candidates that would go eastward. De Weerd: Okay. Council, questions? Bird: I have none, Madam Mayor. De Weerd: Is the property owner here? No? Okay. Well, Council -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I think Brad has basically stated that he thinks it flows into Boise's sewer as a natural, where I don't -- is it going to flow naturally, Brad, for us once we get it out there? Watson: Councilmember Bird, yes, it would -- if we had the sewer extended out there it would also flow by gravity into our system. De Weerd: I guess, Council, one thing I would add is we are getting a number of these phone calls and we are not really ready infra -structurally wise, to grow in that area and that is why I have encouraged the meeting with Boise so that we can firm that up, Meridian City Council October 26, 2004 Page 6 of 28 because if this goes to Boise, we will get other similar requests and where do you want to draw the line and since I get those phone calls I guess I would ask you to give good directions, so we know how best to respond to these requests. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Just for some additional enlightenment for the Council's — Council - member Wardle and Council -member Rountree weren't on the Council when we had this prior discussion. I think -- I think to give you the best information that you could have in making a decision, I think that meeting with Boise city would be helpful, because we did this with the area of impact along the divider between Boise and Meridian to figure out which would be the best sections and when we did that we were able to decide on which areas probably should go to Boise city and I think the Council agreed to do that and which areas from Boise city belonged more in Meridian and I think we were able to do that as well. So, that could probably do that, because I think as the Mayor has just stated, long term, Council, you're going to want to have to make a decision as to what do we do. We had that one other request, Mr. Watson and I are working on an agreement to get that particular one done, but long term if you're looking more than five years out, you're looking at potentially two, three, four property owners, maybe, by the time we get sewer then; and they are going to be required to hook to the Meridian sewer system, even though they will have a working sewer with Boise and even though we may have an agreement with the property owner that's recorded, I mean that may be a contentious issue to deal with in the future. So, it's something you want to factor in that discussion, but I think for your folks' benefit, I wanted you to know what we did previously and maybe as we get that done with Mr. Watson's people, that will give you better information long term as to what to do with this area, so -- De Weerd: And I guess just to add one more thing further to that, is we have tried to maintain a policy of not extending services out until we are contiguous, so we don't get into some of these annexation issues that we are seeing of county approved subs that are hooked up to city services in Boise and, then, they have the -- I guess the whole debate on the annexation and we do it differently, we don't look forward to those kind of things, but our line is drawn and so far Ada County has -- has upheld our policies and so I would also ask you to keep those things in mind, because if we allow it now, there will be urban densities, they will be asked to, then, hook onto ours and we will have the same mess they are inheriting in the south as well. But I don't have an opinion on this, so -- Rountree: I could tell. De Weerd: -- it's your choice. Bird: We understand. Nary: So whatever you want to do. Meridian City Council October 26, 2004 Page 7 of 28 Bird: We understand. De Weerd: But it is up to you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And I agree with you, we have seen more and more applications come into that and we are going to see more and more and we are -- I think Brad's being very nice saying five years out. I think we do need to sit down with Boise, Brad, public works, and planning and zoning and work out -- and it's like Mr. Nary said, we have always been able to work out situations and see what it is. We don't want to get ourselves into the situation -- or I don't want to ourselves -- myself into a situation like Boise is on now, where you furnish the sewer and water out there and, then, when you go to annex and they get amnesia. So, I think we need to sit down before we make a decision between the two staffs and, Mayor, you probably ought to be involved with this also, and let's discuss and see what they -- what their ideas is, too. They might be -- they might think along the same line we do. So, before I would take action I would like to hear something from the two staffs and see what they -- if they have got a solution for out there, because right now I'm not for putting sewer and water out there, nor letting them. De Weerd: Is that the consensus of Council? Rountree: I would agree with that. Wardle: Madam Mayor, I would agree that it would be a good idea to have a little more information before making a final decision on the issue. De Weerd: Okay. So, Brad, did you need anything further? Watson: Madam Mayor, no. I will -- instead of letting the planners try to schedule a meeting, I will contact the engineering staff directly. De Weerd: Thank you. 2. Wastewater Treatment Plant Expansion Project: Watson: The next item I have is a proposed engineering agreement for the design of the wastewater treatment plant expansion project. As you know, normally, these go on the Consent Agenda. This one is by far the biggest one the city has probably ever considered,.so I thought maybe I should at least give a brief overview of it. This contact will provide the design of talking the wastewater plant from its current capacity of about five and a half million gallons per day up to 9.1, about a 65 percent increase. The estimated construction costs are 13.2 to 14.4 million. The contract amount is 1,324,000. The estimated plan set size is 280 sheets. The design percentage, depending on what the final construction cost is, of course, would be between nine and ten percent. This project would, essentially, build out the existing footprint of the Meridian City Council October 26, 2004 Page 8 of 28 wastewater plant. Anything beyond that nine MGD, million gallons per day, would be on the extra land to the west of the plant. And I can certainly go into more detail if you like, but that's all I have. I'd ask for your approval on this. De Weerd: Brad, was there a recommendation to add a clause in there about billing? Not to put you on the spot or anything. Watson: Madam Mayor, no, there wasn't, since that came up just this morning. Madam Mayor, if I could, this agreement has taken us approximately seven weeks to get to this point. Carollo Engineers has always been very responsive. I would -- I guess I would certainly recommend that our finance staff and their accounting people maybe get together to discuss those billing procedures. De Weerd: Yeah. I think that's a good method. Watson: Okay. De Weerd: Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, the nine to ten percent, is that on top of the 1.3 million? Watson: Yes. Bird: Okay. So, actually, what is it, nine or ten percent, if we are signing the contract? Watson: Councilmember Bird, I'm sorry, I didn't quite understand. Bird: Okay. The nine to ten percent construction cost, I think you put it -- you said -- or design fees or what is it? Watson: Right. The design fees would be between nine and ten percent of the total construction cost. Bird: Of the total construction. This 1.3 is just the design? Watson: Yes. Bird: Okay. And that's the nine to ten percent of what they estimate the construction costs are going to be? Watson: Correct. Bird: Okay. Now I understand. That's what I thought, but, then, I didn't -- Meridian City Council October 26, 2004 Page 9 of 26 Watson: Yes. That's right. Bird: Okay. De Weerd: Okay. Any further discussion? Bird: No. I think it's great. Let's go. De Weerd: Okay. I think we need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve and authorize the Public Works Department to move forward with an engineering agreement for 1.3 million dollars for the expansion of the treatment facility. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve. 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. 10 De Weerd: Thank you. Okay. Storm Water Drainage Easement Watson: Thank you, Madam Mayor. The third item is -- before you is a storm water drainage easement for facilities that sere the right of way in Lochsa Falls Subdivision No. 9, but that are located on the Lochsa Falls park site. The agreement that is in your packet is based very much on the storm water drainage easements that were executed between Ashford Greens Subdivision, Ada County Highway District, and Ashford Greens homeowners association some time ago. Given the current or recent issues that arose out of that, those easements -- I think this one has tightened up and it very explicitly describes light and heavy maintenance duties. There is -- as an exhibit to this agreement there is an O&M manual that explicitly lists those duties of light maintenance. There is a special note section on page six and this special note number six came out of the final plat item before City Council. We went back and read those minutes and what we perceived to be the intent of Council was that the homeowners association would maintain those drainage ponds or drainage areas that are located on the park site, but that at some time in the future, if both the city and the HOA decided that it was in the best interest of both that the parks department could assume those Meridian City Council October 26, 2004 Page 10 of 28 maintenance duties. Note number six does need to be revised slightly to say that the Lochsa Falls homeowners association shall be responsibility for light maintenance of the storm drainage ponds in Lot 4 of Block 38 of Lochsa Falls No. 9. And, then, the rest can remain the same. That just very specifically details where those ponds are. The rest of the paragraph says until such time as the park site is improved and both Meridian city and the homeowners association agree that light maintenance duties shall be transferred to the city. I think that protects the city's interest and I have ran this by Doug Strong and I think we are all on the same page at this point and he and I will entertain any questions if you have any. De Weerd: Council, any questions? Bird: Madam Mayor, I don't. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just for clarification, as I recall the discussion, the representative from Lochsa Falls -- we had a discussion about what type of pond and whether the parks department could easily maintain that and it was our choice that the homeowners would maintain that and if it were at a future time to become beneficial that the city could take it over, but not that it was an expectation that the city would ever incur the maintenance for that individual storm drain. So, just to clarify yet once again. De Weerd: That would only be light and not heavy. Wardle: Yes. De Weerd: Okay. Mr. Rountree. Rountree: No, I -- De Weerd: Okay. Okay. Do we have a motion? Rountree: Do we need a motion or just -- Bird: Yeah. We need a motion. Watson: Madam Mayor, Council -member Rountree, yes, there needs to be a motion to approve the easement and authorize the Mayor to sign. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the water drainage easement for Lochsa Falls Subdivision No. 9 and for the Mayor to sign and the Clerk to attest. Meridian City Council October 26, 2004 Page 11 of 28 Rountree: Second. De Weerd: Okay. The motion is to approve the storm water drainage easement for Lochsa Falls. 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. Item 4: Quenzer Commons Condominium Plat: De Weerd: Thank you. Okay. Final topic. Watson: Number four. I'm not used to this many. The fourth item is a condominium plat that has come in for approval. This is one of those situations where it meets one of the six criteria that planning director -- the city attorney -- the previous city attorney and I agree could qualify for reduced subdivision requirements. This is located on North Locust Grove Road in previously platted Quenzer Commons Subdivision No. 3. These are commercial lots. The buildings, as I have said in my little mickey mouse staff report here -- I'm not used to doing these, so I threw one together -- states that the buildings are substantially complete, all they are trying to do is -- and I'm not sure this is a word -- condominiumize those four structures. We are just bringing it up before Council for approval, so that I can sign the plat and Will can certify it. Anna or me can answer any questions if you'd like. De Weerd: Thank you, Brad. Any questions? Bird: I have none, Mayor. De Weerd: Okay. Brad, if there are no questions, do you need any form of action on this? Watson: Yes. There needs to be a motion of approval of the condominium plat. De Weerd: Okay. Nary: And Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I had also mentioned to Brad and Anna before the meeting tonight that in the future, if the Council would like, we could probably add these to the Consent Agenda and if you wanted to pull them off for a separate discussion you could do that, but this is just a different one that we have done, so I think that's why they wanted you to see it, but in the future the Consent Agenda would probably be adequate for it. De Weerd: Okay. Do I have a motion? Meridian City Council October 26, 2004 Page 12 of 28 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Before I make the motion, I would also agree that Consent Agenda in the future for these would be adequate. I move that we approve the Quenzer Commons condominium plats. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Quenzer plat. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. B. City Attorney —Bill Nary Clarification of Decision for Alexandria Subdivision Project: De Weerd: Thank you. Item B is our city attorney. Nary: Are you sure you don't want this one, Mr. Watson? Okay. This one's actually a pretty simple matter, Madam Mayor, Members of the Council. This is the clarification on Alexandria. This is that subdivision that just won't go away. If you recall, this is one that was brought Mr. Wardle. The Council originally had denied it. Prior to the findings being prepared they had asked for reconsideration. The Council did reconsider it, but the minutes weren't reflective of what I think the Council's intention was. Mr. Hawkins - Clark had contacted me last week and they were in the process of preparing findings, but they believed -- but, again, the minutes weren't clear that the Council's intention was to remand this matter back to the Planning and Zoning Commission. They had given specific direction, which was in the minutes, Council -member Rountree was the one that had done that, but what the minutes reflected was that all they did was amend the denial, but never directed that it be remanded. My recollection was it was the Council's intention to remand it, not to just be more specific in the denial, but we needed to clarify that. I told Mr. Hawkins -Clark not to prepared findings for a denial, that I'd asked for your clarification, and if it was to remand, they would simply prepare a remand order that would, then, be on your agenda next week and, then, it would be sent back to Planning and Zoning. So, if you recall, again, the minutes weren't specific, but I think that was the nature of the discussion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 26, 2004 Page 13 of 28 Rountree: You're correct, Mr. Nary, that that was the intent. If it's not clear in the motion, I will make it so, and remand it back with the clarification on what it was we expected them to address. De Weerd: Okay. Is that -- Nary: I believe that's adequate. All we need is -- you will have an order before you, so you will approve -- have that on your Consent Agenda to approve. But as long as -- I just wanted to make sure that was your intent. When Council President Bird and I spoke about it, we both could not remember specifically exactly what -- what it was, but we thought that was the intent. So, we will have the -- we will have that remand order on next week and, then, it will go back to Planning and Zoning. So, that's all you need. Thank you. C: Planning Department — ACHD Meeting. De Weerd: Thank you. We did add an Item C for our planning department. Anna. Canning: Madam Mayor, Members of the Council, just a quick update. We had a request today from ACHD for Council representation at a meeting. That meeting is for - - to discuss the recently completed bicycle and pedestrian transition study, which we funded a portion of for the City of Meridian. They are holding a meeting on November 8th from 11:00 until 2:00. They requested one staff member and one Council member. So, the staff member will be Steve Siddoway and just would like to know if there is a Council member available that day. An interested Council member. De Weerd: Council, don't jump all at once. Rountree: Well, I'm checking. Bird: I can do it, but I would prefer if Charlie can. De Weerd: Well, the Council liaison is Mr. Wardle. Bird: Yeah. That's what -- I was going to say that, too. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will be returning from a trip in Montana on the 8th, so I am unavailable. Rountree: I have scheduled a meeting with ACHD on that day. De Weerd: At the same time? Rountree: At the same time, but it's a different matter. Meridian City Council October 26, 2004 Page 14 of 28 De Weerd: Mr. Bird, it sounds like you're the one. Bird: I get to go, Anna. Item 7: (Items Moved from Consent Agenda) De Weerd: I like this Democratic process. Okay. We had no items moved from the Consent Agenda. Item 8. MI 04-012 Request to allow a one-time lot division to separate an un - platted parcel into two parcels in an I -L zone for Tony Zanders by Tony Zanders — 199 North Linder Road: De Weerd: So, our next item is eight, for MI 04-012. We will begin with staff comments Canning: Madam Mayor, Members of the Council, this seems to be reduction in platting requirements night. This is another request for a lot split. It is an unsubdivided property. It is located on Linder Road north of Franklin Road, as indicated here. There is the aerial. You can see that there is a business on the front portion of the lot and they are proposing to divide the back portion into a separate lot and staff has recommended approval of this. There seems to be that one floating criteria of whether or not to require this to be part of a subdivision or not. We did not suggest that as a condition of approval of this application. With that, I will answer any questions you might have. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, go back to the site there. That 40 foot down the south side, that's part of Lot 2; right? Canning: Correct. Bird: So, they will always access into that? Canning: Yes. De Weerd: An easement or anything. Canning: They will have to -- and staff did require a joint access agreement as well. Bird: Oh. Okay. De Weerd: Okay. Any other questions? Bird: I have none, Mayor. Meridian City Council October 26, 2004 Page 15 of 28 De Weerd: Is the representative here and have any comment? Okay. The applicant is available for questions if you have any. Rountree: I don't have any. Bird: I have none, Mayor. Rountree: We have a joint access. Bird: That's all I care. De Weerd: Okay. Okay. Council, I will need a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 8, MI 04-012. Bird: Second. De Weerd: Okay. The motion is to approve Item 8. Any further discussion? Mr. Berg Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: MI 04-013 Request to allow a one-time lot division to separate an un - platted parcel into two parcels in an C -G zone for Kevin Knighton by Kevin Knighton — 2200 East Overland Road: De Weerd: Thank you. Item 9 is MI 04-013. Canning: Madam Mayor, this is another reduction in platting requirements and this property is located between Locust Grove and Eagle Road, as shown with the hatch marked -- hatch mark there. It's directly across from the entrance to the high school. The new high school. The highlighting is obliterated in the aerial photo on this one. There is one existing house that's being -- no, actually, this one is vacant. I'm sorry. This is -- the proposed property is this one here. They will have a cross -access easement here that connects down and it will have an entrance directly across from the light for the highway school. This one they have agreed to include it as part of the subdivision. They have other plans for this property in subdividing out pads. The proposed use on the property is an 18 theater -- 18 screen theater, there we go, and it will sit along here towards -- Sysco is immediately to the west. So, the theater will sit in this location. The parking is generally out here. Circulation will come through and do a loop like that with a secondary private street that loops basically like that. Staff has recommended approval. And as I mentioned, we have included the requirement that Meridian City Council October 26, 2004 Page 16 of 28 this be part of the subdivision application prior to receiving occupancy. We anticipate we will see that subdivision application much sooner than that. They are moving forward quickly on this project. So, with that I end staffs presentation and answer any questions. De Weerd: Okay. Any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Is the representative here? Would you like to offer any comment on or -- you agree with all staff comments. Okay. You will need to come to the microphone if you would like to add to the public record. And state your name and address. Knighton: Kevin Knighton, 4751 Trotter Lane, Star, Idaho. De Weerd: Thank you. Knighton: I agree with the proposal and we are putting commercial pads around the theater and make this a subdivision that will service the whole area. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move we approve MI 04-013, with staff conditions. Rountree: Second. De Weerd: Okay. The motion is to approve Item No. 9. Is there anything further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast comer of Venture Street and East Fairview Avenue: Item 11: Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C -G zone for Mountain West Bank by Erstad Thornton Architects — northeast corner of Venture Street and East Fairview Avenue: Meridian City Council October 26, 2004 Page 17 of 28 De Weerd: Thank you. Okay. Item 9 -- or 10 and 11, we enter into our Public Hearing section of our agenda. We are required by our own city ordinance that anyone wishing to provide testimony be sworn in. So, we do it all at once, so I don't have to swear you all in individually. So, those who are wishing to provide testimony on either of these items, if you will, please, raise your right hand. Is the testimony that you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer yes. (Affirmative answers.) De Weerd: Thank you. I always change it. So, I will open the public hearings on Item 10 and 11 on AZ 04-026 and CUP 04-035 with staff comments. Canning: Madam Mayor, Members of the Council, this project is located on the north side of Fairview, just east of Venture Road. It's directly across from the Wal-Mart, to get you located. This is the area of city impact boundary. This purple line as shown here. And this -- I guess that's Wal-Mart right there. That would be the cemetery. Bird: cemetery. Canning: cemetery. Excuse me. The applicant --there we go. Yeah. You can see the cemetery. Sorry. The applicant is proposing a 4,550 square foot full service commercial bank with three drive-thru lanes located here on the west side of the property. They are also proposing C -G zoning, which would allow this use. The conditional use is required for the drive-thru lanes. They have not proposed development on just a little -- about half of the property, .62 acres on the east side of the property. Staff has added a condition of approval that any development on that property would require a new conditional use approval. Just to point out some of the features -- or the applicant has provided a 35 -foot landscape buffer on Fairview, ten -foot landscape buffer on Venture, and a 25 -foot landscape buffer on the north property line. I wanted to give you a little bit of history. In 2002 the city denied an application for this site and the primary reason was there was no development plan accompanying the rezone and annexation request at that time. And there was potential impact for the commercial use to create traffic, noise, odor, liter to surrounding neighbors, so that the City Council found that the annexation and zoning of the site to C -G was not in the best interest of the city at that time. And, then, also I wanted to point out that earlier this year the property owner directly to the east -- I'm going to put that back up again -- where you can see the area of city impact boundary line, the property owner here, Mr. Fred Schuerman, had come into request that that property be allowed to go into the Boise area of city impact. We have not received anything from Boise city to indicate that that has been completed yet, so it's within the area of city impact boundary, but the issue becomes important, because ACHD has not allowed this driveway here. They have requested that this property share access with Mr. Schuerman to the east and you can see they already have a driveway cut right on their western boundary. So, it would facilitate a joint access with this property. Staff did not require a new site plan. It was pretty easy to visualize what needed to occur. They would still have the 35 -foot buffer in the front. The driveway would just need to come over and connect with the shared easement for the Schuerman property. And I guess Thueson is an owner of this property as well. We have received two letters since the Planning and Zoning Meridian City Council October 26, 2004 Page 18 of 28 Commission hearing. You should have received those. One was from Don and Jeanine Moore, the other one was from William G. Hall. I did want to point out one thing that in the Moore letter, the applicant has provided the full landscape buffer on the north boundary. The neighbors were looking -- and as stated in that letter they are looking for a fence along that boundary also. Although it was raised in the staff report, it did not receive much discussion by the Commission. The Planning and Zoning Commission has recommended approval of this project to you. At the Public Hearing Mr. Andy Erstad testified in favor of it, as did Greg Thueson to the east. In opposition were Renn Earl, Bill Hall, Jeanine Moore, Scott Dykstra, and Don Moore. And the key issues of discussion were the hours of operation, the requirement for the CUP approval for all future use. As I mentioned, staff did make that a condition. It was through a development agreement. And another topic of discussion was the vehicular access to Fairview Avenue and the neighbors did request a block wall or other screening in addition to the landscaping. They primarily had concerns about traffic on Venture Avenue and the commercial zoning and lighting and noise. The Commission did not make any changes to staffs initial recommendation and there are no outstanding issues for City Council, although there are, obviously, public here to testify with concerns about the commercial in this area. And with that I will end staffs presentation. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant -- if you will, please, state your name and address. Erstad: Thank you, Mayor. My name is Andy Erstad, Erstad Thornton Architects, 848 Fulton Street in Boise. De Weerd: Thank you. Erstad We have a very few brief comments. We are in complete agreement with staffs Findings of Fact and recommended conditions of approval on this and the following application. They are uniquely tied together. And that sort of follows with Planning and Zoning's action on this, that we are, again, in agreement with the final outcome. While we did challenge a few of those items, we are comfortable where we are. We -- one thing that didn't get -- that we didn't see recognized in the staff report -- and I think we would like to have it as a part of the record, is that in our Planning and Zoning hearing we did have a discussion about a latecomers clause relative to the sewer. We are having to bring sewer from the south at the Wal-Mart parcel across Fairview at a pretty substantial cost in order to serve this parcel of ground, because the planned sewer, which would come, really, from the north down, won't happen until you see development on that -- on that parcel of ground to the west of -- to the west of us and west of Venture Road, all the way over to Eagle Road, probably. One of the things is that we -- I did want to, for the record, just make a comment relative to the two letters that were included in the package today. We think staff is absolutely accurate in their Meridian City Council October 26, 2004 Page 19 of 28 finding, that we have recognized and we have met the intent of the Comprehensive Plan and the zoning requirements relative to the annexation with the buffering. We are creating 60 feet of buffering from Fairview to the north property line, with 35 feet of frontage, we are putting a building up that's further buffering in a rather significant fashion and, then, 25 feet of buffering from the edge of our developable area to the neighbor's property. So, we do feel that staff and Planning and Zoning's approval of the project recognizes that that is -- that does meet the requirements. The only other comment that I wanted to make was relative to the second letter, in which there was an insinuation that we are being sneaky associated with ACHD. This project was submitted to ACHD, as all annexations and rezones are, and ACHD basically approved it on consent agenda, so we challenged -- we challenged the Fairview entry. We felt that it was a very important entry and ACHD -- it was at that point that ACHD -- that it was made public, if you will, although all the ACHD actions are public and public material. So, it's not that we were hiding anything from anyone, it's that we challenged something that ACHD, then, put it -- pulled it off and notified the city and other parties were able to catch onto it. So, again, we are in complete agreement with staffs Findings of Fact and recommended conditions of approval and we would ask that you approve the project. De Weerd: Thank you. Any questions for the applicant? Bird: I have none. De Weerd: Thank you Erstad: Thank you. De Weerd: Okay. I have several people signed up as neutral to this project and when I read your name, if you'd like to step forward and offer testimony. Jim Pearson. Neutral. Okay. Bill Hall. Would you like to provide testimony or -- okay. Please come forward. If you will, please, state your name and address. Hall: Yes. I'm Bill Hall, I live at 4225 Venture Place. I'm the guy that wrote the dastardly second letter, Madam Mayor. The reason I wrote that letter, Mr. Erstad, is that there was an Ada County Highway District meeting that none of us knew about. He's never once had a neighborhood meeting. Had he done that, we would have gone down there and fought with him to try to get his entry on Fairview, but didn't -- told us. He's never once come down to me -- I live right next door -- to talk to any of us about what he's going to do. That's the reason I wrote my letter and I told that I did. My main concern tonight -- I'm not opposed to annexation. I am definitely not opposed to Mountain State Bank. I think it's going to be a good project for our neighborhood. But I was really concerned about the second parcel. We had heard that Mr. Erstad was going to appeal that. Originally, the Planning and Zoning Commission -- I know Mr. Bird was on the first time -- said that they would like to know what their plan was. They denied it the first time. The second time they wanted to come like a cart blanche. That's what we heard. I don't know if that's true or not now -- of putting anything he wanted to put in that piece of property. And I'd like to ask is that the case or not? I don't know. Could you answer that for me on the zoning? Because what they wanted -- Meridian City Council October 28, 2004 Page 20 of 28 the Planning and Zoning wanted him to come back and say this is what I want to build on the second piece of property. De Weerd: And he will come back with a plan. Hall: He will come back with that. Okay. That's my main concern tonight was that. And we had some real concerns about the -- obviously, the traffic on Fairview, we can hardly get out now. I know when Mr. Bird was on the P&Z the first time, that was a major concern when the turned the application down and, like I said, if Mr. Erstad had helped us, we would have gone and helped him get his entrance on Fairview. And that's, really, all I have to say. De Weerd: Okay. Thank you. Mark Pearson also signed up as neutral. If you will, please, state your name and address. Pearson: My name is Mark Pearson. I live at 4347 Venture Place. De Weerd: Thank you. Pearson: I'd like to add that I'm quite okay with the project, as I understand it. Several things that I have a problem with is -- if I could point out here. One of the problems that I have is this entry out onto Venture. Right now we have got a lot of traffic that comes down Fairview and tried -- pulls into here to get back onto Fairview to go back to Wal- Mart, like they didn't notice that they had gone passed Wal-Mart. What we are going to end up having is people trying to pull out here and people turning out into here, plus everybody that lives back in these -- in the subdivision trying to get out here at once. If they were able to widen this, so the bank can use this as an alternate exit, this up here, it seems to me, that that also would be fine. I guess the problem that I have most with this project is the fact that it's not so much a noise buffer that we are after, it's also when people pull back here, their lights are shining back in our houses. There really does need to be a fence, possibly, on a berm and I -- from my understand -- and we are just going to put some vegetation in there and call it good, but I think it does need a fence also. De Weerd: Thank you. Any questions for Mr. Pearson? Okay. Renn Earl. Please state your name and address. Earl: My name is Renn Earl. I live at 4302 Venture Circle. De Weerd: Mr. Earl, you can pull that up if you'd like. Thank you. Earl: For those of us height challenged. I was -- as testimony, I would wonder that it is being proposed to be changed from one zoning to another zoning. I was wondering it there was a permanent zoning, rather than commercial, since this is a bank and it would, obviously, be only open from the hours of approximately 8:00 in the morning until 5:00 o'clock in the afternoon, if, then, the zoning couldn't be changed to whatever you do for businesses, for dental -- I think they called it L -T in the Planning and Zoning meeting. If that's not correct, please, excuse me -- Meridian City Council October 26, 2004 Page 21 of 28 De Weerd: It's L -O. Banks are allowed in L -O. Earl: L -O. Light office. I guess that's what the anagram stands for. Such that it would never have to come back. If this bank doesn't stay here for the next ten years and it was changed to fully commercial, there is nothing to say that the next person who owns my house would not have to deal with a 24-hour convenience store. And so I'm fully in favor of the 7:00 to 7:00 now, that's a wonderful thing to protect our neighborhood. But would that go away? Since it says it's conditional, I wonder when the condition would run out. I'm just looking towards the future and insuring that the neighborhood stays such that it is, a wonderful place to raise family. And I don't know what you can do about it or what can be done to help us protect our neighborhood. De Weerd: Well, their Conditional Use Permit will be for the proposed use. If they wanted it as a convenience store, they would have to come back. Banks are usually not that exchangeable, so I would imagine it would stay a bank, but if they did not, they would have to come back in. Earl: Okay. I guess that's the end of my concern. There is not much we can do about the traffic. We all have to live with it, but whatever can be done for keeping the neighborhood the same is -- it would be wonderful. Thank you. De Weerd: Thank you. Jeanine Moore. Thank you. If you will, please, state your name and address. Moore: Yes. My name is Jeanine Moore and I live at 4292 Venture Place. De Weerd: Thank you. Moore: Madam Mayor and Members of the Council, over a year ago my family and I purchased a home in Venture Subdivision. It's a park -like acreage and we really enjoy living in this rural residential neighborhood and we think that the bank has a great potential to be a good neighbor and that it's a compatible use of the land in question. When we purchased our property, we, you know, examined the Comprehensive Plan and we were confident that that would be followed. In some of the -- the items in there that are of concern, that the bank could -- has a potential to jeopardize would be to not adversely impact existing neighborhoods in goal four, to protect residential properties from incompatible land use and development on adjacent parcels, but the big one I want to talk about tonight is goal four, number two, require screening and landscaping buffers on all development requests that are more intense than adjacent residential properties. And you look up the definition of this and it says an area established to protect one type of land use from possible undesirable characteristics of another. The bank's proposed north boundary landscaping, which is adjacent to our subdivision, is insufficient buffer. There are several categories of undesirable characteristics that would be generated by this bank that we need to be protected from and I'm not talking about impacts from Fairview, I mean that's a reality and you have Fairview fairly near our subdivision and that's not going away. I'm talking about impacts generated by the bank and the bank business. And these several categories are what we can see and what can see us and Meridian City Council October 26, 2004 Page 22 of 28 the other general category is what we can hear. And any landscaping plan would be intermittent as a visual barrier for many years as it fills in and in the winter -- that's in the summertime. In the wintertime with loss of leaves, it would be even more intermittent. I contacted a landscape architect and an acoustic engineer and their analysis was that the proposed landscaping would be zero protection. They said if you took a measurement with the trees, without the trees, you would hear the same amount of noise and that the trees offer -- a 25 -foot barrier of trees offered zero sound protection. The integrity of our neighborhood would be unprotected from negative impacts and undesirable characteristics of bank business. The bank plans to operate a portion of their business outside with drive -up windows, there would be outside teller customer conversations, there would be sights, sounds, business traffic, parking, vehicle idling, exhaust, headlights, lack of security, homeowner's view of bank business activities, loss of homeowner privacy. With the current landscaping plan the bank would be able to see into our homes and yards. All of these impacts are incompatible with our park -like rural residential subdivision. The proposed landscaping on the north boundary does not provide the required screening and landscaping buffers to Ventura Subdivision as required by the plan. We respectfully request that you implement the following items to preserve the integrity of our neighborhood: A six foot acoustic sound, visual, privacy, safety, screening wall on the north boundary to buffer our neighbors from the undesirable bank characteristics. And I would like to mention at the P&Z -- De Weerd: Mrs. Moore, your time is up. Can you, please, summarize? We do have your letter. Moore: Okay. But on the P&Z, every single person in our neighborhood who got up said we would like a wall and it was not addressed at all. So, I called the gentleman, the planner, and he -- he was very nice, we had a nice conversation and he said it was simply an oversight that it was not addressed and as neighbors we felt totally ignored, that our views were not -- were not listened to by -- you know, by the P&Z and we were, actually, very hurt and very surprised at the process. Thank you very much. De Weerd: Okay. Thank you. Do you have questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. That's who had signed up on the list. Are there more people? Please come forward. If you will, please, state your name and address. D.Moore: Don Moore, 4292 Venture Place, Meridian. De Weerd: Thank you. D.Moore: Mayor and Council, I think everything has been covered tonight in some detail. One area I would like to help define a little bit more is some comments from the planning group. I do believe that in the P&Z there was a discussion about specific Meridian City Council October 26, 2004 Page 23 of 28 hours of operation for this parcel. I thought that came out as part of the final decision and that that also could not be changed without -- Canning: Go ahead with your testimony, sir. I will look up stuff. D.Moore: That's all I had. That was the only -- everything else has been covered. De Weerd: Okay. It might be something we could ask of the applicant. D.Moore: One reason I ask that is that was some part of the discussion around the zoning of L -O versus the C -G, was the fact that the timing of business would -- kind of take care of the difference in zoning, where -- we still feel L -O would be a much better application zone for that parcel, to keep it business, rather than having it open. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the discussions by the Commission on the CUP, hours of operation of business on the site was discussed and also neighbors' request for a block wall or other screening in addition to landscaping was also discussed. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, it is stated in the development agreement and, I'm sorry, sir, that I forgot to mention that. Thank you. Business hours from the property shall be limited from 7:00 a.m. to 7:00 p.m., including deliveries. D.Moore: Okay. Thank you. That's all. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what about ATM? Canning: The ATM was not limited. Bird: Okay. Canning: To my knowledge. I think there was some discussion, as I recall, about the ATM, but I don't think the intent was to not allow the ATM during those times. Meridian City Council October 26, 2004 Page 24 of 28 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just for the purpose of clarity, if the Council wants to exclude the ATM from that hour, you probably might want to add that in the development agreement in your motion, just so that it isn't a discussion point later. That it would exclude the ATM from those hours. Because there was the discussion of the Commission dealing with the building operation, people in the building, and that's why the deliveries was included, but they didn't discuss the ATM. De Weerd: Okay. Is there any further testimony? Okay. Would the applicant like to come up for final comments? Erstad: Madam Mayor, Members of the Council, Andy Erstad, 848 Fulton Street. We are trying to be good neighbors and we appreciate the neighbors' concerns. I go back to staff. I think you have got a great staff and they have done a fantastic job in evaluating this. We, too, disagreed with some of their Findings of Fact and when it became apparent that Planning and Zoning was going to uphold their conditions, we felt that it didn't bode well for us to move forward and ask for an appeal on those up here either. The discussion about the wall is a challenging discussion and as my earlier comment, we are putting 60 feet of landscaped buffering from Fairview all the way back and 25 feet of that separates the building from the adjacent properties. I'm not sure that a six foot high wall is really going to do anymore, because most of the sound that is coming is really coming from a further distance and it's going to -- it's really going to actually be deflected down by some of the neighbors' existing trees. So, we still feel that the landscaping as indicated and as approved by Planning and Zoning meets the -- meets the requirements and the conditions of -- and the goals of the Comprehensive Plan, as well as the city's plan. So, I'd stand for questions. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your sense of adding a fence into the landscaping? Not a block wall, but just something that would be a visual block? Erstad: Madam Mayor, Councilmember Rountree, adding a wall for the sense of adding a wall -- Rountree: A fence. Erstad: We would be willing to look at adding a fence, definitely. I think we are limited in height to the fence at six feet anyway. I'm not sure that we are going to achieve significant acoustic isolation, unless you do something that you really don't want there Meridian City Council October 26, 2004 Page 25 of 28 and that's 14 -- there is a great wall on Park Center Drive down by Morrison Knudsen and, believe me, I know some of the people that live on the other side of that wall and they are not happy about it now. They wanted it and it's destroyed their values. So, that's what you have to do to get acoustic isolation and protection. But in terms of a fence, I think my client would be willing to entertain a fence. Rountree: Thank you. Wardle: Madam Mayor, Thank you. I believe that addressed my concern. I heard you talk about the acoustical levels, but I didn't hear anything about lighting and vision. So, if you would be willing to entertain that, I -- Erstad: Madam Mayor, Councilmember -- or Commissioner Wardle. I'm sorry, I have been up here in front of the Council first, now it's the -- or not in the Council -- I have gotten this mixed up. Apologize. One of the things, just so that you have a comfort level -- and I think the neighbors heard this as well in the Commission meeting -- was that we will be required to direct lighting away from the neighbors, we will be very sensitive towards that. There is some great lighting fixtures with fantastic cutoffs now. And the fence would probably add a little bit of buffering from the street light -- or from car lights, but, yeah, we are going to -- this is going to be a good neighbor project and we are excited about it, so -- De Weerd: Any further questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Rountree: Madam Mayor, I don't know if this is the appropriate time, but it seems like there was concerns from the public about what conditional use permits do for them, both for this application and/or the future potential use in the adjacent property and I think if staff or the attorney could offer an explanation to the public before they leave, either now or during our discussion on the decision, I think it would be appropriate. De Weerd: Okay. Canning: Madam Mayor, Council -member Rountree, the real protection from the Conditional Use Permit is there are some uses that are allowed in the C -G zone that may not be appropriate, given the large lot neighborhood that adjoins it to the north and by requiring the Conditional Use Permit, it does protect those residents to have the ability to come in and say this is not the right place for a convenience store. That one was raised earlier. Or like -- I can't think of another one just off the top of my head. But, you know, there are sensitive neighbors there that because of the site's size and location may not be appropriate, so that does give the Council the ability to listen to the neighbors again and make that decision as to whether that use is appropriate. And I do want to say staff was -- Mr. Hood -- when I first saw the condition, I was surprised it was in there, because it was fairly small. But he did go on back and research the Council's prior action on this piece of property and he did realize that it was a commitment from Meridian City Council October 26, 2004 Page 26 of 28 the City Council to require anything that went on that property to have conditional use permit approval and that's why the condition was originally placed on the project. Nary: Madam Mayor? De Weerd: Okay. Yes, Mr. Nary. Nary: And to supplement that, the development agreement does run with the land, that is an agreement that is recorded, so that for future homeowners or the current homeowners in that particular area down Venture, that development agreement for any development on that site is going to be limited by those conditions. All proposed uses of this site require a Conditional Use Permit, so all conditions -- or all uses are going to have to be brought back, as well as the limitation on the hours. I'm not aware of any convenience store that could operate only between 7:00 in the morning and 7:00 at night. That is a condition that would run with the land as well. So, I mean there are some safeguards for the neighbors as to the type of business that's going to be operated there and I think Madam Mayor said it as well, a bank isn't usually a very easy thing to change. If it's not this bank, it might be a different bank, but it wouldn't be anything different than a bank. It's not likely to change very much. So, these are the things I think in the development agreement that gives some assurance to the neighbors that it's not going to change very easily without their input, so -- De Weerd: And that would pertain to the vacant lot next to it. Nary: Yes. De Weerd: I don't think the bank probably wants to see a convenience store next to it either, so I would assume, as a good neighbor, they would be in your court on that one as well. So, any further questions? Discussion? Council? Bird: I have none, Mayor. Rountree: Hearing no further discussion, Madam Mayor, I move that we close the public hearings for Item 10 and 11. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 26, 2004 Page 27 of 26 Bird: Hearing nobody in discussion, I move we approve AZ 04-026, annexation and zoning of 1.71 acres for Mountain West Bank and to incorporate staff, applicant, and public -- Wardle: Second. De Weerd: It's been moved and seconded to approve Item 10. Mr. Nary, I guess I would ask you in regards to the request from Mountain West on the latecomers, is this where any comment would be added with the latecomers agreement? Nary: Madam Mayor, I think you would probably want it in the development agreement, so the annexation would probably be the -- this portion would be the probable place for that. Well, as the ATM comment, if you -- right. Because that's in the development agreement. Bird: Okay. The motion can state latecomers agreement on the sewer and also on the hours of operation and the ATM is excluded. De Weerd: Does the second agree? Rountree: The second agrees. De Weerd: Okay. Okay. So, the motion is to approve with the amendments to the findings. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-035, Mountain Bank and to include the north with landscaping with a buffer and a six foot fence. Rountree: Second. De Weerd: Okay. Canning: Madam Mayor? De Weerd: It's been moved and seconded to approve Item 11. Is that fence a solid fence? Bird: Yes. Meridian City Council October 26, 2004 Page 28 of 28 De Weerd: Okay. Yes, Anna. Canning: You already did it. Thank you. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: And thank you. Okay. We are at the end of our agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing that we are at the end of our agenda, I move we adjourn. Bird: Second. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:14 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD l/II've ,a'o-' - DATE APPROVED ATTEST: WILLIAM G. BERG,