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HomeMy WebLinkAbout2004 11-30 SpecialJ Meridian City Council Special Meetina November 30, 2004. The special meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, November 30, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Shaun Wardle, and Christine Donnell. Members Absent: Keith Bird. Others Present: Bill Nary, Will Berg, Brad Hawkins -Clark, Brad Watson, Bill Musser, Kenny Bowers, Steve Siddoway, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular Council meeting to order. It is Tuesday, November 30th. It is 7:05. And we will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: I'd like to welcome you all here tonight. With us we have the Meridian Blue Youth 12 football team. We have asked Jared Martarano -- Martarano. There you go, Jared. If you will, please, come forward and if you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bud Henthorn, Meridian Gospel Tabernacle. De Weerd: Thank you, Jared. We will be recognizing the football team here in a few minutes. But our next item is our community invocation. And we will be lead by Bud Henthorne with the Meridian Gospel Tabernacle. If you will, please, join us in the community invocation or take this opportunity for a moment of silence. Henthorne: Heavenly Father, we pause in the midst of this very busy and very long day, to find again our center, to find out where you're at, Lord God, much as a toddler runs back and forth from one room to another always checking to see where mom is. We pause to check to see where you're at in our lives. We ask, Lord God, that you would be at the very center, the very core. We pray, Lord Jesus, that you would help us to retrieve the peace of God that has been lost throughout the business of the day. And we pray, Father, that everything that we do and everything that we say from this Meridian City Council November 30, 2004 Page 2 of 48 moment onward would be coming from that position of tremendous peace. Father, we thank you for these young people that are here today. We thank you, Lord God, that -- for the adults that here today that make these healthy activities possible in our community. We thank you, Lord God, for coaches and organizers. We thank you, Lord Jesus, for moms and dads who have spent seemingly endless hours waiting for kids in parking lots when practices have gone longer than they were announced to have gone. We thank you, Lord Jesus, for the incredible power that this young generation has and would ask, Lord God, that you would find a way to inspire them and harness that incredible energy for good. Harness it, Lord God, to raise a standard for our community and for our nation. Lord Jesus, we pray now that you would direct our thoughts, that you would direct our conversation, that whatever we do or say or think, that it would be pleasing in your eyes. We ask it in Jesus' mighty name. Amen. Item 4: Adoption of the Agenda: De Weerd: I would like to present you a City of Meridian pin and thank you for joining us today. I would like to also welcome the high school students here. I see they must have a government class requirement. Glad to have you. And also one of our new youth, the Mayor's Youth Advisory Council members, Jaime Shagano is also here. Thanks for joining us. Okay. Item 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have request from staff to table Item 10 on the agenda and with that amendment I would move that we adopt the agenda as published. Donnell: I will second that. De Weerd: Okay. Mr. Clerk, do you have a number for our resolution, for D? Wardle: 04-452. 1 have got the ordinance numbers if you want it. De Weerd: Okay. Wardle: Ordinance 04-1114 for Item No. 17. 04-1115 for Item No. 18. 04-1116 for Item No. 19. 04 -1117 for Item No. 20. And 04-1118 for Item 21. De Weerd: Okay. Thank you. Okay. The motion is to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: Meridian City Coundl November 30, 2004 Page 3 of 48 A. Approve Minutes of October 26, 2004 Pre -Council Meeting: B. Approve Minutes of November 9, 2004 City Council Regular Meeting: C. Approve Minutes of November 16, 2004 City Council Regular Meeting: D. Resolution No. 04-052 VAC 04-007 Request for a Vacation of irrigation easements in Block 1 of Stokesberry Subdivision on the east 10 feet of Lots 2, 3 & 4; the northerly 10 feet of Lot 2; the southerly 10 feet of Lot 3; the northerly 5 feet of Lot 3; and the southerly 5 feet of Lot 4, by Properties West, Inc — west of North Eagle Road and north of East. Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. by Don Weber — east of South Linder Road and south of West Overland Road: F. Chance Order No. 1 for the Centrate Equilization Project: G. 2"d Amendment to Lease Agreement with William A. Hon Family Limited Partnership for general office space at 660 East Watertower Lane: De Weerd: We will deal with tabling Item 10 when we get to it. Okay. Consent Agenda. Item 5. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If the clerk would give me a resolution number -- De Weerd: 04-452. Rountree: It's 52? Okay. I would move that we approve the Consent Agenda, authorizing the Clerk to attest and the Mayor to sign all appropriate papers. Wardle: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council November 30, 2004 Page 4 of 48 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Proclamation for Meridian Blue 12 Year Olds Optimist Football Team: De Weerd: Thank you. It is my pleasure every time we have an opportunity to recognize the youth in our community for a job well done. We do -- like I had mentioned, we have the Meridian Blue Team here with us tonight and I have a proclamation. Today is Meridian Blue 12 year old Optimist Football Day and I have a proclamation I will read to you. Whereas the City of Meridian commends the Meridian Blue 12 year old Optimist Football Team for having an outstanding season. And whereas this team and the Optimist Youth Football Program provides a positive impact for the youth of our community. And whereas this team dedicated its season in memory of Jacob Martarano, the younger brother of a team member. And whereas it is important that the team receives recognition for their efforts and continuing contributions. And whereas the Mayor and City Council of the city of Meridian acknowledges the accomplishments of this team and their supporters. Therefore, I, Tammy DeWeerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, November 30th, as Meridian Blue 12 year old Optimist Football Team Day in recognition for your championship at the MPC Bowl Senior League of the Boise Noon Optimist football program and urge all citizens of this community to acknowledge their special accomplishments. And if the coach would, please, come forward, I will present this to you. And, then, I will ask each of the members to step forward, so we can give you a pin. If you guys all want to just come forward. We will have the city clerk hand you a pin and I also have one for the coaches as well. Coach: Jay Whitley. Kevin Hallick. Jared Martarano. Robby Karaco. Okay. Kevin Archelletta. Tony Lucci. Robert Foster. Josh Parker. Ryan Packard. Our star running back and winning touchdown scorer right here Kelby Monks. Austin. Tenyaki. Parry. And Nick. Dane. Jake McFarland. I would also like to acknowledge my coaches. Tom McFarland. Darin Burdon. Jason Monks. Hank Campbell. And Steve Archeletta. De Weerd: Coach, you want to say something? McFarland: Just -- it's been a great group of kids. We have had them for four solid years, so we know them, they are all a part of our family. Losing Jacob was a big blow, so we took the season and definitely dedicated it to him. And when we got down to the time where we had to have a little extra help, we just did a cheer to him and pushed hard and won. A great group of kids. They will be phenomenal to watch when they get into high school. They will be something else. So, other than that, we thank the community for the support and thank you very much. Meridian City Council November 30, 2004 Page 5 of 48 De Weerd: Thank you. If you guys will all stay up here so we can get a picture for our local newspaper. And I would like to thank the coaches as well. You provide great role models for these kids and there is nothing better to learn life's lessons through team sports and we appreciate what you do for our youth. 2: Update of Downtown Meridian Transportation Plan Public Meeting: De. Weerd: We do know how to clear a room, don't we. Okay. Item No. 2 is our update from the Meridian Downtown Transportation Plan. Steve. That's a tough act to follow. Siddoway: It is. That's a tough act to follow, isn't it? Well, I appreciate the opportunity to address the Mayor and Council to give you an update on this process. We have been working on the Downtown Meridian Transportation Management Plan. It's hard for me to believe that it's been -- that it was just mid August when we finally got the contract done and just in the -- everything that's happened with this project has happened in the last three months. It's been an intense three months for me and we have made a lot of headway. It's also been a great collaboration. As you know, this is a 50-50 percent partnership between the city and ACHD working together on this. And that is a huge opportunity to bring everyone forward together. Just some brief background. We have gone over that three months from about 19 transportation alternatives downtown down to six and, then, from six to three. And the work that's happened over the past month has -- I would characterize it as an in-depth look at those top three alternatives. Two weeks ago we met as a steering committee and held a public meeting, which I will get into the details of in a moment, but it was -- there was a strong feeling at that time from the steering committee that before reaching a true preferred alternative, that we needed some more information. Particularly on some of the assumptions behind the costs that were generated by the consulting team and, second, some of the assumptions behind some of their level of service analysis at the intersections on the different alternatives. So, they are working hard to provide us that information right now. We worked and worked and have enjoyed quite a bit of consensus getting up to those top three. But it's -- now that we are at those top three, it seems we have reached the difficult point in selecting -- in selecting the one. And it's clear that whatever we do select, won't please everybody. But we are trying to do an in-depth and objective analysis as much as we can, so that we do get to what the best answer is for the city. Briefly, we -- the three finalists that are being looked into in depth are -- the first is the one way couplet through town per ACHD's 1997 plan. The second alternative that's being looked into is the widen Meridian Road to five lanes all the way through and realigning the intersection up near the freeway where Main and Meridian connect with Waltman. The third one is what we are calling the split corridor, which has a couplet in it from the freeway north to the tracks, but, then, that couplet joins at Meridian Road and, then, Main Street comes off as a smaller traffic volume street at that point. To date we have had two public hearings or two public meetings. I guess hearings is the wrong term, but two public meetings. The first one was on September 30th. The second was just two weeks ago on November 16th. Our first meeting just happened to coincide with the first Meridian City Council November 30, 2004 Page 6 of 48 presidential debate and was not very well attended. We had less than ten people, despite our efforts get the word out. The participation of those that did come was very positive and our focus of that meeting was on current conditions, what the planning process was, and outlining the six at that time semi-finalists. We worked very hard to get the word out more -- even more for the second meeting. We had -- you probably saw the ACHD signs along the road and we had them both in downtown and south of Franklin, both on Main and Meridian Road. We had great coverage from the radios, from the television news channels, we got articles in the Valley Times and the Statesman and we were able to use e-mail lists from the Mayor, from Compass, and from the previous downtown marketing strategy to get to as many interested -- directly interested people as we could. As a result, we have had 122 people show up for that meeting on November 16th. It was a fantastic turnout. At that meeting many people expressed frustration with the current circulation system. There were many different thoughts and we encouraged people to -- so that we could capture their thoughts, both about the existing system and the alternatives, we asked them to write their thoughts down on cards. Those cards were collected and compiled and you all should have something that looks like this from me tonight. It's an attachment with written public comments from the public meetings on November 16th and September 30th. These are directly quoted right off the cards, no editing or abridgment of our own has been made. So, I think you will find it interesting reading. We did promise the members of the public that were at that public meeting that we would get those comments to the Council and this is our effort to do so. These comments will continue on as an appendix to the final report and move on from there. Now, we also at that meeting -- at the end of the meeting, as it was breaking up, took what we call a straw poll of people's thoughts on the three alternatives that were there. There was a significant majority who raised their hands in favor of the split corridor option at the end of that meeting. The widen Meridian Road alternative was second and the one way couplet was third at that point. Many people chose to stay after the meeting and we talked for about an hour -- at least an hour with members of the -- citizens who wanted more information on specific issues and we stayed there until after 10:00 talking with people that had specific interests. Generally, people did express a sense of progress and appreciation that the city is moving forward and over a dozen people requested copies of the presentation materials from that night. I spent the hour just before this meeting burning copies on a CD of the presentation that was made that night and if any Council members would like a copy of that Powerpoint presentation, I have them for you here. I also -- I brought 15 copies with me, so I would also add that if there are members of the audience tonight that want a copy as well, I'm going to leave the remainder of them on the back table. And if we run out there, feel free to contact me and will be happy get one to you. I also went through this attachment with the notes from the public and have gone through myself and highlighted those that are asking to be contacted and I'm going to be contacting each of these individuals that requested separate contact myself. I will connect them personally over the next few weeks. At that November 16th steering team meeting we reviewed a whole lot of new and raw information that had some limited evaluation, in our opinion, and it created some debate and concern among members of the steering team such that we wanted to have access to more information about it, more detail, and I mentioned specifically some of the cost information and the levels of service data, Meridian City Council November 30, 2004 Page 7 of 48 before we would feel comfortable saying that we have -- we thoroughly understand all of the alternatives and make a final recommendation to the Council. To that end, Tom Hudson and Tim Taylor are the consultants on this project. They are preparing an updated matrix with -- of the alternatives and all the things that they were comparing them on. They will have that to us -- us being the client team, which I would define as myself and Anna Canning from the Planning and Zoning staff and, then, two members of ACHD staff, Bruce Mills and Terry Little. We will be reviewing that in some detail and we plan to get together next week on the 8th -- right, Bruce? The 8th. We have been bouncing between the 8th and the 9th, but next week we will be meeting and finalizing our -- any list of questions we still have and, then, setting up the next steering team meeting, at which we will be trying to get toward the preferred alternative. Now, one of the significant input items in that is some cost analysis that's above and beyond what we have contracted with the consultants to do. There is always this desire to get more and more into the cost when you start into them and Bruce Mills has offered to use his staff to try and do some detailed cost estimates of those alternatives. We need to look at the time line of how long that will take to produce. Likely, over the next month we would be able to have those. At the beginning of the process we always envisioned the process as a six month process beginning somewhere around July and ending in December. We didn't quite get the contract let as soon, but the Hudson company has done a fantastic job of trying to get us to the finish line by the end of December anyway and we are close, but we are likely to be somewhere between the end of December and the end of the six months, which will be in February, before we have the final final alternative ready for presentation. We will know more about that time line after our meeting next week and we would be glad to share that with you.. De Weerd: Okay. We can get that out to Council. Council, do you have any questions? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I realize that I'm only going to be able to plead being a new -bee for so long, but since I am, once the recommendation is made, once the committee and -- determines what they might want to go forward with and bring it to the City Council, am I to assume that it also is to go to ACHD's commissioners? Siddoway: Yes. Donnell: For their approval as well? Siddoway: Yes. Donnell: Who has the final say? Meridian City Council November 30, 2004 Page 8 of 48 Bird: The city will have a say on what we want, but we have got to get it through ACHD's five year work program process ultimately, so its going to be a collaboration. I don't know any other way to characterize it. Donnell: Thank you. That was a good answer. De Weerd: You know how to ask the tough questions. Steve, I sure appreciate all the work that you have done on this and we missed an opportunity to acknowledge all your hard work on the downtown revitalization and I have just a small token of our appreciation. I do have a plaque for you and one of the new City of Meridian pins that I give out very sparingly. So, let me -- okay. Steve, this is for your countless hours and they were countless for all of your work on the downtown revitalization. We appreciate the new role you will play as our transportation planner, but did want to acknowledge what you have done for us in the downtown. We acknowledge your dedication and hard work for the Meridian Development Corporation Board. Your outstanding efforts are greatly appreciated. Siddoway: Thank you. De Weerd: Well, it will be nice to put that issue to a solution here soon Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda Item 8: FP 04-072 Request for Final Plat approval of 39 single-family residential building lots and 3 common lots on 26.74 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 10 by Primeland Development, LLP — south of McMillan Road and east of Ten Mile Road: De Weerd: So, we will move to Item 8, which is FP 04-072. 1 will start with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. I don't have any pins to give out on this one. Sorry. This final plat has got 38 build -able lots in it and three common lots. It is the 10th phrase of Bridgetower Crossing Subdivision. Staff has reviewed the final plat, found it to be substantially in conformance with the preliminary plat. There is only one condition I wanted to point out for the Council and that is on page three of the staff report. This is regarding the landscape plan for the subdivision and it's 8-A. Currently it says storm drainage ponds shall be seeded in the bottom. Sand is not allowed. Bridgetower Crossing has struggled over the last year -- if you have been out there -- a lot with high groundwater. There are large spaces of dead grass, a lot of re -digging up of landscaped areas to create some subsurface drainage and improve things out there. It's a little bit of a work in process for them, as they try to come to terms with the drainage. So, I guess what staff is -- what the applicant is asking for and staff agrees is that if we could just -- particularly in this case we normally Meridian City Council November 30, 2004 Page 9 of 48 do not want to see just large pockets of sand, obviously, in the middle of these common areas. Staff is working with the landscape architect to try to come up with some -- you know, some kind of alternative for this site, so if we could just strike the first sentence and add on the end of the second sentence: Or as otherwise approved by the Planning and Zoning Department or Planning and Zoning and Public Works Departments. So, it would read storm drainage facilities must be in compliance with MCC 12-13-14-2 or as otherwise approved by Planning and Zoning and Public Works Department staff. For the Council's information, that Meridian City Code reference there is a set of guidelines, so it's not that we have the authority or asking for the authority to just waive ordinance, but basically to give some allowance there. So, I think with that, the applicant has noted to staff that they are comfortable with the staff report, so -- oh, I'm sorry, there is one other one. Item number ten is the 12 -foot wide pathway. This is on the south side. The White Drain, which comes -- which basically cuts across the entire Bridgetower Crossing Subdivision is on the south side of this phrase right here. Large open common area. There is a 12 -foot wide asphalt road that would be used by the irrigation district, potentially ACHD. Right now this says that a 12 -foot wide pathway along the White Drain shall be placed within a public -pedestrian easement. I did not review the staff report, so I don't believe that we have asked for public -pedestrian easements anywhere else in Bridgetower Crossing Subdivision. The White Drain is just a private amenity that the Bridgetower Crossing -- or Bridgetower residents can use, but it's not necessarily going to be signed as part of our public pathway system for the whole city, but I didn't have a chance to verify that. It was written by Sonya. I think that she pulled that in from another area, but if we could just clarify that somehow, maybe saying if -- if required by the city, the 12 -foot wide pathway along this shall be placed within a public - pedestrian easement and we will just determine that. So, if we just add that phrase in the beginning of number ten, if required by the city, or where as otherwise determined or something like that. I think that would cover us. Then, we won't have to come back to you to change another condition at some point, so -- thank you. De Weerd: Okay. And I trust the applicant is in agreement. I should make her come up and tell us herself. Council, any questions? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-072, with the deletion of the first sentence of item 8-A per staff comments and the addition to that to read: Or as otherwise approved by Planning and Zoning and Public Works and also on item number ten to include the addition: If required by the City of Meridian. Rountree: Second. De Weerd: Okay. The motion is to approve Item 8. Any further discussion? Okay. Thank you. Mr. Clerk. Meridian City Council November 30, 2004 Page 10 of 48 Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES, ONE ABSENT. De Weerd: Okay. We are at the Public Hearing section of our meeting tonight. All of our public hearings we do require those that would like to provide testimony on any of these items, nine through 15, to be sworn in and so if you will, please, raise your right hand, any of those that want to provide testimony. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative Answers.) Item 9: Public Hearing: PP 04-037 Request for Preliminary Plat approval for 11 commercial building lots and 2 common lots on 36.93+ acres in a C -G zone for Smitchaer Subdivision by Ustick Marketplace, LLC — NEC of Eagle Road and Ustick Road: De Weerd: Thank you. Okay. I will go ahead and open the Public Hearing on Item No. 9, PP 04-037 with staff comments. Hawkins -Clark: Thank you. This preliminary plat is at the corner of -- the northeast corner of Ustick Road and Eagle Road. There are approximately 36 acres involved. The land was annexed earlier in the year and as the Council and most people know driving this area, there is a Lowe's being constructed on the southeast corner of the property. Tonight this request is to subdivide that land into eleven commercial building lots and two common lots. The property is -- has a church located on the north. Bald Cyprus Road abuts the north side of the property and that is about a 75 percent completed roadway. The church is north of that. There is a residential subdivision, Providence Place, in Boise city here on the east side and, then, as the Council knows, these other three corners at the intersection have also been recently annexed. There have been no applications for development approved on any of these three corners, however. So, those are the surrounding uses. This is the preliminary plat that is being recommended to you by the Planning and Zoning Commission. They did hold a hearing and are recommending approval of this plat. Probably the two or three main features of the plat to point out are on the eastern boundary the applicant developer is proposing to construct a new commercial collector roadway that will run the full length of that. They are currently constructing a six-foot high sound wall on the boundary between Providence Place Subdivision and this site. The large lots, as you can see, there is probably approximately 12, 13 acres for the Lowe's site, which includes the building footprint and the associated parking and, then, there is a lot north of that, which has about 12 acres and this is the area that the development agreement that the city entered into did require this to have some form of non -retail use in this area. And, then, the majority of the lots are here on the Eagle Road frontage. They -- they being the applicant, they have received through ITD, Idaho Transportation Department, approaches -- approach permits for a right -in, right -out here in the center of the project and full access on Bald Cyprus. The Ada County Highway District has always reviewed Meridian City Council November 30, 2004 Page 11 of 48 and approved this plat. They have required a center turn lane on Ustick Road, as well as right turn lanes for the two driveways that they have off of Ustick Road, one of which is right -in, right -out, the other is full and, then, of course, a proposed signal at the developer's cost at the intersection of this new roadway and Ustick Road. I think there was just two items from the Planning and Zoning Commission hearing probably of note. The right -in, right -out intersection at Eagle got a little bit of discussion at the Commission and, then, just kind of general traffic flow in this whole area. There was public testimony. Richard Beck that was representing Providence Place homeowners association did attend the P&Z hearing and spoke on their behalf, raising concerns about cut -through traffic and some other potential issues with subdividing the land. The two changes that are in the recommendation for you are, basically, just deletions for the staff for the conditions. One of those is Broadleaf Street, which is here coming out of Providence Place. This is that stub street and there is -- we did receive confirmation from Ada County Highway District that they are okay with that being pedestrian only, so that it would not be used as a full-blown vehicular access, although the highway district wants to retain the right of way in case they need to make that a full vehicular access in the future. So, it is proposed to be dedicated as public right of way. It will be basically closed off with some landscaping and, then, just a ten to 15 -foot wide opening for pedestrians to get through there. So, we did receive confirmation of that. If the Council makes a motion on this tonight, that number two site specific condition could be deleted and, then, number three condition could also be deleted and that references the revised plat and they did submit a revised plat, so -- De Weerd: Brad, what is the date on the plat? Hawkins -Clark: That is November 10, 2004. De Weerd: Thank you. Hawkins -Clark: There was a full Ada County Highway District report that was submitted to you I think in your packets, so a lot of information about traffic in this area and I won't go into that, but, essentially, you know, Ustick Road is in the capital improvement program for the highway district. I think it's something like project 85 for -- they have stated that it would -- you know, will become five lanes ultimately. In the meantime, the center turn lanes and right turn lanes and the signal are anticipated to help with that prior to the actual widening occurring, which is -- currently is not estimated to be done until probably 2014 at the earliest. So, that's all I have at this point. De Weerd: Brad, does that right turn lane go clear to the corner, then? Hawkins -Clark: Madam Mayor, I think their standard condition is something like 200 feet. So, it, actually, wouldn't run, you know, just sort of the whole distance of the frontage, I don't believe. It would basically take the driveway that would come onto Ustick Road and, then, back up 200 feet for stacking and, then -- the center turn lane would be the full distance, but not -- not the rights. And maybe Mr. Mills needs to clarify that, but that's my understanding. Meridian City Council November 30, 2004 Page 12 of 48 De Weerd: So, you have the right turn lanes into -- onto the one road there on the east and, then, to an access point into the subdivision, but doesn't go clear to Eagle Road? Hawkins -Clark: Well, I do believe that there is going to be a right turn lane when that intersection is improved, but until that happens I -- you know, at this point it's just -- the intersection improvements are as they are, because I don't think that ITD at this point has worked with the developer on any other intersection improvements at this point in time. De Weerd: Okay. So, if it went clear to Eagle, ITD would have to have some approval? Hawkins -Clark: Normally it would be part of their intersection -- the whole intersection improvement. They come back from Eagle Road, you know, 100 feet or so as part of that intersection plan. De Weerd: Okay. Thank you. Any questions, Council? Is the applicant here tonight? If you will, please, state your name and address. Smith: Matt Smith, 12601 West Explorer Drive, Boise, Idaho. I, basically, concur with what Brad said. I don't have any additional items. We have worked with them through this. The project is going well. The Bald Cyprus Road is completed. The side road is completed and the fence was just completed today between us and the residents. I think most of the residents are very pleased with the fence. It's a good looking type solid stone fence, so it should work well. I don't have anything else to add, unless there are questions. De Weerd: Okay. Council, any questions? Mr. Rountree. Rountree: Madam Mayor, just to clarify on the record, this particular plat that we see shows curb cuts -- at least three on Eagle Road and Brad presented to us that only one has been permitted and that would be the center one off of Eagle Road, right -in, right - out, and that the northern boundary facility would be the full access to the subdivision; is that correct? Smith: Correct. So, there are two, a right -in, right -out there and, then, a full access there, Bald Cyprus, which will be shared with the Nazarene church. De Weerd: Okay. But that's not reflected on this plat. It still shows three Smith: That's because it's not our property. It's north of our property. De Weerd: No. The ones directly onto Eagle. Smith: The right -in, right -out? Down here? Meridian City Council November 30, 2004 Page 13 of 48 De Weerd: No. There is also one north of that. Smith: Right there? De Weerd: No. Down a little bit. Smith: No. There should be only one there and one there. De Weerd: Okay. Brad, do you see where we are -- Hawkins-Clark: Madam Mayor, I do see what you're pointing at. It is a little bit misleading the way that the engineer has placed the contour lines. De Weerd: That's not a curb cut? Hawkins -Clark: But it's -- there is not a curb cut approved there De Weerd: Okay. It looks like it. I'm glad you pointed that out for the record. Okay. Any other questions for the applicant, Council, at this time? Okay. Thank you. Smith: Thank you. De Weerd: I did have one other person signed up. Carol Stringham. If you will just state your name for the record and your address. Stringham: Carol Stringham at 3441 North Bottlebrush Avenue. De Weerd: Thank you. Stringham: In Providence Place. Richard Beck wasn't able to make it tonight, so I have a letter from him and a couple points that he wanted to have you all discuss was that if the Meridian city police department was going to be involved with that area. It's, apparently, not in the proposal in front of you. And, then, any speeding potential enforcements along Bald Cyprus and there is something else, I think. So, if I could hand that to you, Madam Mayor, or the clerk? De Weerd: If you'd give it to the clerk. yes. Thank you. Stringham: A question for you. In this preliminary approval of the plat do you discuss and can you have a condition written in for limited sound ordinance times of construction? Is that something that I could talk about now or do I need to wait until another meeting? De Weerd: No. You can discuss that. Stringham: Right now? Meridian City Council November 30, 2004 Page 14 of 48 De Weerd: Uh-huh. Stringham: Can that be included in your approve? Is that -- De Weerd: You can offer testimony. Stringham: I'm just wondering if you're sure I'm not going to be blowing wind without making a difference tonight. Just so you know that my home is located right directly behind the construction trailer and I have been there every minute of the Lowe's construction, as I am a stay-at-home mom. I have talked with the Brighton -Smith Corporation several times. They know my name well. I have also talked with Joe Venamin. I left his name at home. I'm pretty sure that's him, with the enforcing code. I have also talked with the city clerk and his office a couple times about some concerns that I brought up and the Brighton Corporation has been wonderful to work with, it has followed up and my proposal -- I will just say it right now -- is that can construction start at 7:00 a.m., instead of the normal 6:00 a.m. time. I don't know what it's like to schedule construction -- a construction site, but I do know what it's like to have my house shake and my ears echo the sound of beeping all night and I don't know much about scheduling subcontractors, but I do know what it's like to wake up at 4:30 and have six cement trucks behind my house, which they fixed, and they explained the reasons, but they left at 4:30 that evening, so I don't understand why you would need to be there at 4:30 in the morning. And I do understand the defense that most construction sites start at 6:00 o'clock in the morning, even on homes, but homes don't take three and a half months to make just the outside, the exterior of the building, they don't take large vehicles, very loud noises involved in home construction and I did have complaints about cement trucks being early and a light generator running, which have been dealt with. Also, I have talked with the company and they have done well at making a sound wall. They put it at the very end. It seems to have made a difference and I appreciate it. The building has turned out wonderful. My concern is for the next four months of the construction on the next phase to affect my life so acutely and that would be all that I have to say. De Weerd: Thank you, Carol. We will look forward to the applicant's response. Is there anyone else who would like to provide testimony on this application? Mr. Mills, nice to have you here. Mills: Thank you. Bruce Mills, Ada County Highway District, Garden City. I just want to clarify a couple things. We presently are working with the developer Smith -Brighton and with Winston Moore, who has the property in the northwest corner of this intersection, Ustick and Eagle, on the possibility of doing a private -public partnership similar to what we have done recently this last year with improvements to Overland Road, the year before that with Eagle Road. So, its going to be going before our commission later in December. If that goes through, then, we will accelerate the improvements to Ustick to happen next summer, which will be roughly going, I believe, about a half mile each side -- it might not be quite that long -- of Eagle Road and including improvements to the Meridian City Council November 30, 2004 Page 15 of 48 signal. We are very hopeful it will happen. It would be one where the developer would front the money and be reimbursed through impact fees collected, so -- it's not a done deal, but I just wanted to let you be aware of that. De Weerd: Thank you, Bruce. Any questions for Bruce? Thanks. Appreciate that clarification. Brad, we do have in our conditions, like on Lowe's, that the improvements in the setbacks along Eagle and Ustick area, they are designed -- or at least on Eagle designed to the specifications of ITD and the anticipated requirements there? Hawkins -Clark: Yes, we do De Weerd: Okay. Thanks. Okay. If there is no further testimony -- okay. Council -- oh, would the applicant like to come forward. Smith: I would first like to thank Carol. She has been good to work with. We have tried to respond. It is always different to live near one of those construction sites. A couple of mornings -- I think Carol has them documented -- they did come that early. We quickly tried to respond to that and let them know and they adjusted as soon as we let them know, but it did happen a couple times, we were sad for that, and we, hopefully, did better than we did worse. We stopped it quickly and we tried to get better at it. Lighting, I think that was because of when they were pouring one morning -- I don't know why they were there that early. I really don't know. I don't think there is any excuse for that. But we did try to rectify that as soon as we could. We, too, with Bruce, are looking forward to widening Ustick. We think that will be a great addition to that and it will help the traffic flow for the neighbors there as well. De Weerd: Okay. Any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there were conditions stipulated on the subdivision related to construction timing, is that something the applicant is open to? Smith: I'm comfortable with the sound ordinance. That's what we want to live by and do and we did great, except for having three or four times. I think we can be held to that. Its difficult managing that and we will continue to manage that well, acutely. To put more restrictions is difficult to do, just because of construction and the way it's programmed, so -- De Weerd: And what is our sound ordinance, Bill? I mean Mr. Attorney. Nary: Madam Mayor, Members of the Council, the ordinance we have is pretty general in dealing with construction kind of noise. If I can find it for you real quickly. But it doesn't really -- it doesn't have a set time. The county has an ordinance like that, but Meridian City Council November 30, 2004 Page 16 of 46 the city does not have one that has something that I think is going to address that in regards to trying deal with construction trucks and those kinds of things. It talks about -- oh, I'll find it for you quickly. I'm sorry. It deals with -- most of the things, I think, aren't going to probably be conducive to construction. It's talking about sound systems, audio equipment, things like that. It does have times, but it's dealing with, again, things that are related to -- and it goes until 6:00 o'clock in the morning. So, 11:00 at night to 6:00 in the morning. But it also deals with some machinery types of sounds, but it's also talking about vehicles. So, I mean I don't know that it's going to probably relate very well to construction sites. Smith: So, Madam Mayor, Councilman Rountree, if you were speaking from 6:00 to 11:00, that is what we would, obviously, try to live up to, 6:00 to 11:00, as the sound ordinance. That was our understanding for the construction out there. And I think we do have the truck ruling on that for the deliveries, but that's a different issue than construction. Hawkins -Clark: Madam Mayor, want me to comment on that? De Weerd: Yes, Brad. Uh-huh. Hawkins -Clark: Maybe the attorney could chime in here, too, but I don't believe as a -- this is only a preliminary plat, so there is really not a mechanism. This is a survey, essentially, and the only thing we are doing is changing the land. I really don't think there is a mechanism in this application to add a special condition. I mean that's -- I don't believe -- there is certainly -- the development agreement, which if the city wanted -- the city wanted to amend the development agreement -- Nary: Madam Mayor, Members of the Council, to chime in, as Mr. Hawkins -Clark suggested, he is correct, I mean this is just a preliminary plat, there isn't a CUP being requested. They may not necessarily need to have a CUP on a lot of the buildings, because I think at the annexation I think there was an agreement as to how -- what the buildings were going to be. I don't think there is probably going to be a need for those kind of things, so I think the compliance that they are looking towards that they provided to this point is probably the real solution to what the neighbors have. They didn't have a wall, now -- again, the person who testified who lives right immediately adjacent to the property, that sound wall may not be enough buffer for the -- some of the construction noise, but that sound wall wasn't there with most of the construction of Lowe's, it's just been completed. So, that may help alleviate some of the concerns. But, again, in looking at our ordinance and having another moment to look, I don't really see that as probably the best mechanism to use, I think the compliance that the developer has had in trying to make sure to not be a bad neighbor in getting this constructed is probably the best that we have got. De Weerd: Thank you. Any further questions, Council? Chief Musser, in this letter it did ask for a response from the police department. I will read you the paragraph that -- Meridian City Council November 30, 2004 Page 17 of 48 the first and most important issue we have a question on deals with a finding regarding existing services the Meridian city zoning ordinance requires you to make. The staff report before you tonight does not contain any comment from the Meridian city police department. In its current state will the department be able to serve this subdivision and how often will the marketplace be patrolled. And, then, the second item for your response as well would be they wish to discuss the potential for speeding along Bald Cyprus Street. In its present configuration speeding is a common occurrence. Musser: Madam Mayor, Members of the Council, in regards to the responses, those aren't typical responses that I usually address when we are in the Planning and Zoning comments meetings. Most of the comments that are addressed from the police department deal with the design implementation and elements related to how well we can observe or process traffic through or see foot traffic within an area, that type of thing. We don't do the specifics on whether or not we can provide the service there. There is an assumption that the City Council does approve and zone in something in the form of a subdivision or another parcel of land, that this police department is supposed to provide the service to it. As far as speeding potential, any street that we have in an area has potential for speeders on it. The residential speed limits are 25 miles per hour and if we have complaints, we will enforce it. We also will take steps to put pro -active reader boards and make contact with neighborhood groups as well, if it should present a problem. That's been what your police department is doing, that's what we will continue to do and move forth on. De Weerd: Thank you, chief. There is one last question on here, Brad, and I guess it would pertain to your department and they wanted to know which lots would be developed as office as required by the development agreement and is that mainly in the northeast corner? Is that what I understood? Hawkins -Clark: Yes, Madam Mayor. That's correct. I was just looking to see -- give a lot number and it's Lot 11, which is this lot here. Just to clarify, the way that the development agreement is worded it doesn't say it has to be office, it says it has to be something other than non -retail, which, you know, could potentially be hospitality uses, entertainment uses, something, but -- something that the zoning ordinance does not define as retail. I think it was given in testimony during the annexation that they anticipated some office, but -- just to clarify that. But that is the area where that development agreement required it. De Weerd: Okay. Well, those were the issues that were raised in the letter, so if you don't have anymore comments -- Smith: Thank you, Madam Mayor. The only clarification is for that some type of mixed use -- non -retail use, I believe, is the wording of it, I don't believe there is a specific lot mentioned, I just believe it was somewhere in the northerly phase, just for clarification. De Weerd: Okay. Okay. Council, anything else? Thank you so much. Okay. Council, what would you like to do? Meridian City Council November 30, 2004 Page 18 of 48 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Hearing no further comment, I would move that we close the Public Hearing for Item No. 9. Wardle: Second. De Weerd: Okay. The motion is to close the Public Hearing on No. 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? If there is no discussion, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, PP 04-037, preliminary plat for Smitchger Subdivision and to delete site specific conditions number two and number three. Donnell: Second that. De Weerd: Okay. The motion is to approve Item No. 9 with the noted changes. Any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given the comments tonight and the concern of the neighborhood and it was nice to hear that they have felt like they were heard by the developer and the developer did react in a positive manner, I would certainly like to have message go back to Smith - Brighton and with a note of thanks and continue the good work and let's make this next phase better. De Weerd: Thank you. Mr. Berg. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council November 30, 2004 Page 19 of 48 Item 10: Public Hearing: CUP 04-041 Request for a Conditional Use Permit for an espresso/internet cafe in the C -N zone for Joltz Internet Cafe by Joltz Internet Cafe, LLC — SEC of West Franklin Road and Linder Road: Re - Noticed for December 14, 2004 due to improper posting De Weerd: Thank you. Item 10 has been requested to table due to re -noticing requirements for December 14th. Mr. Attorney, do I need to open that or we just ignore it? Nary: I still think you do have to make a motion to table it, because it was on the agenda. De Weerd: Okay. Nary: Mr. Berg is shaking his head, so -- you don't think you need to? Berg: Madam Mayor -- Nary: I mean it's been posted, it's -- Berg: It's been posted and it, actually, because of some posting problems, it's been re - noticed, but it was for this meeting and so that's the reason why it's on here and so I think if you want to just say you're going to open it on the date that it's going to be posted as being an open meeting or I guess you can continue it to it. It's not -- the formality is going to be the Public Hearing on the date that its got reposted. De Weerd: Okay. We cannot accept any public testimony on Item 10, because it has been re -noticed for December 14th and I will open the Public Hearing at that time. Item 11: Public Hearing: CUP 04-043 Request for detailed Conditional Use approval for 7 office buildings in an L-0 zone for Sauecrest Subdivision by Sundell Architecture — south of East Overland Road and west side of South Millenium Way: De Weerd: So, Item 11, Public Hearing CUP 04-043. 1 will open this Public Hearing with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. Item No. 11 is a Conditional Use Permit, seven office buildings in an existing limited office zone. The property is just north of Mountain View High School. Millennium Drive comes in off of Overland Road and fronts the property. So, today this is the property that we are talking about. It has already been annexed and zoned. Sagecrest Subdivision is shown here on the slide. This is a recorded subdivision. It was recorded with the majority of the lots being multi -family housing. Most of those units are constructed. This Conditional Use Permit is for the lots that are designated as office lots here that front on Millennium. This is the landscape plan that the applicant submitted that also generally reflects the Meridian City Council November 30, 2004 Page 20 of 48 elements of their proposal. The reason that it's a Conditional Use Permit is when the property was annexed they also had a conceptual plan development that required detailed conditional use permits for any new structures in the future and so that's the reason why you're seeing it. They are proposing three different building types. They are shown here. And they are designated on the plan, as you can see kind of the different -- three different footprints that are shown there. The Planning and Zoning Commission did recommend approval of the Conditional Use Permit. They did ask for revised plans to be submitted to the Planning and Zoning Department reflecting a few changes and we did receive the revised plans. Staff did support the application. At the Planning and Zoning hearing Larry Sundell was the only testimony that was received, who was the applicant, so I think with that I will close the staff report. De Weerd: Thank you, Brad. Is the applicant here? If you will, please, state your name and address. Sundell: I'm Larry Sundell. I reside at 4410 Rim Street, Boise, Idaho. I am the architect for Sagecrest, LLC, the owner of the property. We have gone through the public testimony in this and all of the different items and -- excuse me -- and are in agreement with all of the comments that have been made, have no objections to any of it. De Weerd: Okay. Thank you very much. Council, do you have any questions? Thank you. Okay. This is a Public Hearing. Is there anyone who would like to offer testimony on this item? Okay. Thank you. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that the Conditional Use Permit 04-043 -- De Weerd: Close the hearing. Donnell: Oh, I do have to do that first, don't I. Oh. Sorry. Madam Mayor -- I'll start over. De Weerd: Mrs. Donnell. Donnell: I move that we close the Public Hearing. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council November 30, 2004 Page 21 of 48 De Weerd: Okay. Mrs. Donnell. Donnell: Madam Mayor, I'd like to move that we -- on Conditional Use Permit 04-043, that we approve that request for the conditional use approval for seven office buildings for Sagecrest Subdivision on East Overland Road and South Millennium Way. Rountree: Second. De Weerd: Okay. The motion is to approve Item 11. Is there any further discussion? Hearing none, Mr. Berg. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: PP 04-036 Request for a Preliminary Plat approval of 5 commercial building lots on 7.16 acres in a C -G zone for Waltman Court Subdivision by Buffalo Hump, LLC —420 Waltman Court: Item 13: Public Hearing: CUP 04-044 Request for a Conditional Use Permit for a contractor's yard in a C -G zone for Waltman Court Subdivision by Buffalo Hump, LLC —420 Waltman Court: De Weerd: Thank you. Items 12 and 13 are related. I will open those two public hearings for 12, PP 04-036, and Item 13, CUP 04-044 with staff comments. Hawkins -Clark: Thank you, Mayor, Members of the Council. This first item on the preliminary plat, this is for five build -able lots on seven acres. This property came through under the same name several years ago. Mr. John Goude was the developer at that point in time and it was generally the same configuration. It's here at the end of Corporate Drive and Southwest 5th Avenue. Waltman Lane for a hundred feet or so does front the property. The Ten Mile Creek runs along the south boundary here and along the west. Ada County Highway District does have a storm water retention pond that it has been constructed and has been there for a few years, so -- limited office lots on the north, as well as C -G zoned lots, storage units, some land that has not been annexed remains in Ada county, largely rural residential uses. The property is already in the city limits and has the C -G zoning, so what you're seeing tonight is just, basically, the plat and the CUP. This is the revised plat that we got after the Planning and Zoning Commission meeting and it's largely the same layout. There was just a few modifications that were made, but, generally, what they are proposing to do is to extend Corporate Avenue to the east from where it currently ends and wrap it around through the project and it would stop a little bit before Ten Mile Creek. Southwest 5th would be extended as well, as would the curb, gutter, and sidewalk. This would be a new commercial lot here at the northeast corner of 5th and Corporate and, then, they are proposing three new lots on the south side of Corporate there, along with a lot that has an existing old house on it here off of Waltman Lane. The main consideration -- well, Meridian City Council November 30, 2004 Page 22 of 48 there was a couple of them that came up. There is a regional pathway that is designated along the north side of the Ten Mile Creek here and the parks director, Doug Strong, and Steve Siddoway and the applicant did meet out on site, so if you do have questions, Doug is here tonight and could answer anything there. But, generally, my understanding is what they came up with on the site was that the pathway would need to kind of taper down from the ten feet that is our standard requirement in this area off of Waltman, because of the existing house and the existing driveway. They do not have any interest in or control over the property on the other side of the Ten Mile Drain, so that would basically be a constricted section of pathway there, then, would open back up again to the ten feet and continue on. So, that was one issue that did get some discussion at the hearing and we think has been resolved at this point. The second -- and this is probably more of just a point of information, that Corporate, if you recall under the -- those that were around when Mr. Goude brought it through, he had a condition placed by the city and Ada County Highway District that Corporate -- that he, actually, post surety for half the cost of the bridge or a culvert, so that when this was extended to the south, the money would be there. Well, that plat did expire and with that, you know, any requirement to bond. Since that time they -- there was a little bit further analysis that showed that the property doesn't actually extend to the center line of the drain, as we often see, so they don't control the property, you know, into the center. So, at this point there is no condition that they bond fora bridge or a culvert or anything else. They have been asked by the highway district to bond for a little bit of Corporate improvements, assuming that some day there may be a bridge constructed and, obviously, it would be a waste of material and money to construct all the way and, then, have that torn up when they put in their footings for the bridge. So, that's mainly just a point of information that would be addressed largely with the highway district, but I did want to point out, because this area to the south and to the west is -- has gotten quite a bit of discussion in the past about limited access off Waltman. So, this will, hopefully, give us some future ability to serve this area. It's just not seen as really an option with this development to do that. Then, the last thing I want to point out was the development agreement. Mr. Nary has been working with the applicant a little bit on how that development agreement will work out and, basically, they are asking for that agreement to be amended to remove the requirement for conditional use permits for future uses on the site and a few other modifications and I think they are in agreement that they would have to submit an application to amend that development agreement before the findings are adopted. I think that takes care of Item No. 12. Item No. 13 is the Conditional Use Permit for a contractor's yard and this application is on this lot here on the east, so they are showing parking coming off of Corporate, a shop area there, then, with some storage behind it. If you read the minutes you could see at the Planning and Zoning meeting there was some discussion about the definition of a contractor's yard and the way that the Commission is forwarding this on to you, even though it remains noticed as a contractor's yard, we -- staff and the Commission felt that it's really not a contractor's yard as defined by our code, it's more of just an outdoor storage area that's accessory to their shop and to the future use here. So, don't necessarily need to go into the reasons for that, but it does have to do with future zoning issues and compliance. So, I think those are the key issues that number -- item number six relates to the revised plan on Exhibit A of the preliminary plat and that Meridian City Council November 30, 2004 Page 23 of 48 outlines the revisions that the Commission asked for. We have received that plan, so that item number six could, actually, be deleted. And I think the other changes were already shown reflected in the recommendations, so -- De Weerd: Okay. Thank you, Brad. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Brad, would you go back to the plat? And we are talking about five commercial building lots in this subdivision; is that correct? Hawkins -Clark: Yes. That's correct. Rountree: So, does that include the lot that the current residence is on in the southern - Hawkins -Clark: It does. Rountree: What's the status of the most westerly lot on the curve there? Is that a lot that is part of this subdivision? Hawkins -Clark: Yes, it is. Rountree: I guess I count six lots, unless the road -- Hawkins-Clark: One here on the north, two, three, four, five. Rountree: So, the lot on the -- Hawkins-Clark: Up in here? Rountree: Up in there is not part of this subdivision? Hawkins -Clark: Correct. No. That's owned by Ada County Highway District. Rountree: Okay. All right. And the southern most lot, that's accessed off of Waltman and is that currently zoned C -G? Hawkins -Clark: Yes, it is. Rountree: And residential use is allowed in C -G? Hawkins -Clark: It is nonconforming, so they really can't do anything as a residence with the property. Meridian City Council November 30, 2004 Page 24 of 48 Rountree: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a question of staff and I guess, Brad, if you could -- either you or Director Strong could answer this. If this property were -- I understand that the reason that this ten -foot pathway cannot become ten feet is the residence. If the property were to redevelop within a C -G zone, is there the potential to at that point widen it to ten feet? Hawkins -Clark: The director said that it could happen, but they would need to change the driveway, because of the driveway, you know, being located on this corner where the pathway would connect, so -- and maybe the applicant can talk about any future plans. I mean it's a fairly nice older home used for weddings and ceremonies and things like that for a long time, so it's a nice setting. I think the likelihood of the house being demolished is pretty slim. De Weerd: Okay. Doug, do you have any comment? Okay. Is the applicant here this evening? Were you sworn in? Erickson: Yes, I was De Weerd: Okay. If you will, please, state your name and address. Erickson: Ross Erickson, 5293 North Schubert Avenue here in Meridian, Idaho. De Weerd: Thank you. Erickson: We have been working with staff since the Planning and Zoning Commission meeting last month to resolve some of the issues with regards to the pathway and fencing that were brought up and have submitted some revised plans that you guys should have in your packets tonight that show those changes. I guess first off we are -- we concur with staffs report and the conditions of approval that have been stated in the report and there is just a couple things I wanted to touch on real quickly that were brought up, I guess, in the report. First off, with regards to the driveway location, Lot 4 where the Waltman house is currently located, last week myself, Steve Siddoway, and Doug Strong went out to the site and, basically, tried to figure out how we could snake that pathway through there and minimize any impact to the existing structure and site where the house is located and also to the mature landscaping that's along the frontage on Waltman and I'm sure you guys have all been out there and looked at it, but it's got some really nice landscaping along the frontage, large diameter trees, some ornamental trees, and when we were in the field the goal was to try to retain those and keep them and still how we could get the pathway in there and get the connection from Waltman up to basically the north line of Lot 4 where the Waltman house, then, we'd widen it out and Meridian City Council November 30, 2004 Page 25 of 48 take it, you know, at full width with the five foot landscape buffer throughout the remainder of the property and I think we were pretty successful with that. We, basically, field located it and I went back to the office and revised the plan accordingly and that's how it's shown. Let's see. I think with that I don't really have any other comments. Like I say, we concur with staffs report and if you guys have any questions, I can answer those now. De Weerd: Council, any questions? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Same question I had of staff and that is, in my opinion, I'm comfortable with the pathway in its current configuration. However, if the property were to redevelop, would you be comfortable placing a condition to widen that pathway to ten feet? Erickson: I guess it would depend on who is actually doing the development. It's my client's intent to -- with this development to sell that parcel or that lot with the house on it, so I'm not really sure, you know, as far as who is going to buy that what their plans would be. We are talking about a pretty short stretch of the pathway through there and if you get out there and look at it, you can kind of see -- it's got beautiful landscaping along the drain there, you have got trees that are 24 inches in diameter, with a bunch of shrubs and several nice amenities through there. I guess to answer your question, I don't think it's really necessary to try to impose another condition on that lot. I think that the pathway in that section is going to be very usable; it's going to be enjoyable for people to use and is a pretty short section. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess you could discuss with the developer about just dedicating the ten feet as an easement, since it's just vegetation in it now and they are not likely to develop in that three feet extra and if it were to redevelop, then, there would at least be the availability of that space, so it wouldn't get lost while you're doing this now and you could simply just dedicate the ten feet of easement. De Weerd: Thank you. Erickson: Madam Mayor, Members of the Council, we would be open to that at this point. You know, if it was to redevelop and the layout was such that it would facilitate a widened pathway in that section, I think that would work. At this time there really isn't -- we are not planning on doing anything to the site, so at this time I think it would make sense to build the pathway to the narrower width, locate the fence at the boundary of Meridian City Council November 30, 2004 Page 26 of 48 the pathway how we proposed, but we could extend the easement into the driveway for the pathway for a future expansion or widening of it, you know, at the time when an applicant came through. De Weerd: Okay. Councilman Wardle, did that address your concern? Wardle: Yes, Madam Mayor. That addresses really what I was talking about in the sense that I'm not concerned with this layout in its configuration, but if the property in ten years or two years were to redevelop where it could be widened, if possible, and I think we should at least look at that. Erickson: Okay. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Has the applicant agreed to the idea of a surety to complete the portion of Corporate to their property limits? Erickson: Yes, we have. Rountree: Okay. De Weerd: Okay. Anything else? Thank you very much. Erickson: Thanks. De Weerd: If you would, please, state your name and address and I assume you were - Haddock: Edward Haddock, 480 Waltman Lane. De Weerd: -- sworn in, correct? Haddock: Edward Haddock, 480 Waltman Lane. De Weerd: Thank you. Haddock: And I live just west of this property, just across Ten Mile Creek. De Weerd: Thank you. Meridian City Council November 30, 2004 Page 27 of 48 Haddock: And I just wanted to point out that we do have a foot bridge that -- Waltman Lane used to -- the Waltman house used to be my grandmother's house and so she had a foot bridge that was built between -- over the creek to our property, which used to be her garden, and we live there now and I just had a little concern with the foot bridge, you know, whether that would be a problem -- a liability problem with people coming across into our property. Do you know what I mean? If there is a pathway along there. And, actually, the driveway to the property is right next to the creek and so if you have a footpath in there it's going to really restrict people coming in the driveway with vehicles. That's my only comment. Just wondered if you're aware of that. De Weerd: Thank you. Doug, would you mind addressing the footbridge and any concerns you might have with that? Strong: Madam Mayor, Members of the Council, in that particular area there was not very many options for a pathway. The only place that we could have opportunity for a pathway right now is where it's shown on the design. So, it does go along the creek. There is landscape -buffering most of the way that provides a barrier or a buffer. There is the -- the bridge that crosses it, however, and there will probably have to be some restriction placed on access to that bridge. De Weerd: Okay. So, you would have some kind of restriction to that? Strong: There would need to be, because it goes onto private property, so it would need to be restricted or — I don't know about the utility of retaining it or maintaining it, but -- because of past use it would be changed, but if it stays, it would need to be restricted, so that nobody can get on it. De Weerd: Okay. And the comment about the tightness with the driveway, you have looked at that and it looks like it's still feasible to do? Strong: Yes, it does. De Weerd: Okay. Thank you. Any questions, Council, for Doug? Okay. Is there any further testimony? Okay. If you would like to respond. Erickson: Yeah. Just very quickly to Mr. Haddock's comments about the bridge. When we did our site visit about a week and a half ago, we went out and walked on that bridge and it's inviting and with the pathway along that is shown, there is no doubt that if there aren't provisions made, people are going to try to access that bridge onto Mr. Haddock's property. The bridge is located off site from our project, so, you know, as far as going in there and trying to -- it's really outside of our -- the scope of what we plan to do. However, Mr. Haddock had a great point, there are people that are going to try to access, you know, because it just meshes with the pathway, it looks like another avenue as you're, you know, going down and I'm a little concerned with the safety of the bridge. We didn't do analysis on it, since it wasn't really included in the scope, but it's a nice bridge, but, yet, it's probably not built to the standards that the city would like to see Meridian City Council November 30, 2004 Page 28 of 48 for a footbridge. So, I guess with that, as part of our proposal, we would leave the bridge where it is and just build the pathway through there and as far as, you know, removal of the bridge or posting, we could put a sign or something up that, you know, said pathway this way or something, but I don't think that's really going to detour people from using it, unless that bridge is removed. De Weerd: Probably more of the sign private property, do not use Erickson: Private property? De Weerd: Yeah. Donnell: Madam Mayor? De Weerd: Ms. Donnell. Donnell: For Mr. Strong, that was my question, how do you restrict it? Just with signage? That's all you really can do is put signs up that say private property and, you know, no admittance or something? Strong: Typically, a sign and bollards would be placed or some way to restrict access across. The only -- the only people that would be coming across the bridge would be from the private property. So, we would have to strike some agreement with the private property, probably, but it is a liability issue. It would not be something that we would want to encourage in any way, shape, or form people to cross. Donnell: Thank you. De Weerd: Thank you. Mr. Nary, could a condition be placed in there for signage and to work with the private property owner in the best manner to take care of that? Nary: Madam Mayor, Members of the Council, certainly some signage and since control of the pathway is going to be handled by the city ultimately, I think the city would be a part of that discussion as well, to figure what that is. It seems like from -- just from what's being described by testimony, ultimately to the keep most people from accessing across that bridge is to have a gate on the other side. As the developer said, it's not on their property for them to put a gate. Obviously, someone else on the other side -- opposite side of the bridge would probably want that at some point, but that's up to them, but the city and the developer and the private property owner could probably work on at least finding some alternatives along the pathway to detour people from using it. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council November 30, 2004 Page 29 of 48 Rountree: I'm confused on the ownership of the bridge. It seems to me that there is a dual ownership situation or maybe not. Probably address this to the Haddocks and the applicant both, but if Mr. Haddock would respond. De Weerd: Mr. Haddock, we need you on the record. If you will, please, just restate your name. Haddock: Edward Haddock. 480 Waltman Lane. Rountree: So, my question was does the current bridge reside on what you would identify as your property in total or there is a portion -- Haddock: I believe our property line goes to the center of the creek and so we -- Rountree: We don't want to have a family dispute now. Haddock: It's my understanding that it does -- on my dad's property, that it went clear across the creek to the edge and that's -- I think they were talking about that on that path, that -- when they talked about the bridge, he couldn't constructed a bridge, because it wasn't his property. The property line went across the creek up to the edge of the slope and -- but it's my understanding that our property, which is the little triangle right there on the west side, that it only goes halfway across and so half of that bridge wouldn't be on our property. But I did construct the bridge. I, actually, rebuilt it. It was in bad shape, so we reconstructed it with new timbers and everything. I didn't use ACHD standards or anything like that. Rountree: I have to ask this follow-up question -- Haddock: Yes. Rountree: -- even through I'm not suggesting it, but are you supportive or opposed to its removal? Haddock: I'm opposed to its removal. Rountree: Okay. That's what I was thinking, so -- Haddock: Yeah. It's something that I grew up with as a young boy and I wouldn't want to see it go. Rountree: Okay. Thank you. Haddock: Thank you. De Weerd: Okay. Does the applicant have any further comments? Meridian City Council November 30, 2004 Page 30 of 48 Erickson: Real quickly, Madam Mayor, Members of the Council. To us it really doesn't make a difference if that bridge stays or goes, but we would be willing to work with the city, you know, if we need to put some sort of a gate or, you know, some signage or Doug had mentioned some bollards for some sort of a deterrent device, so the pathway users aren't encouraged to use that bridge. We would be willing to work with you guys to certainly address that. De Weerd: Thank you. Okay. If there is no further testimony or questions from Council, I would entertain a motion to close the Public Hearing. Rountree: So moved. Wardle: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items 12 and 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat for Item No. 12, PP 04-036, with an additional condition that -- or should it be -- well, it should be with the plat -- that the applicant work with the adjacent property owner and work out a gating arrangement that would minimize the use of the public of the bridge in question that we have heard testimony on this evening, but allow the adjacent neighbor to utilize the bridge and access the public pathway. Wardle: Madam Mayor, I will second that motion if it also includes the applicant's comments to the easement in the case that the property to the south would redevelop. Rountree: That would be my intent. Wardle: Second. De Weerd: Okay. And that would include deleting item six, requiring a revised plan? Rountree: We have had testimony that we have a revised plan, yes. De Weerd: Okay. Okay. Is there any further discussion? The motion is to approve Item 12. Mr. Clerk. Meridian City Council November 30, 2004 Page 31 of 48 Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 13. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 13, CUP 04-044, Waltman Court Subdivision. Donnell: Second. De Weerd: Okay. The motion is to approve Item 13. Is there any discussion? Rountree: I have none. De Weerd: Mr. Rountree. Rountree: I have none. De Weerd: Oh, I'm sorry. Mr. Berg, will you, please, call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: RZ 04-013 Request for a Rezone of 1.674 acres from C- C to C -G zone for Westside Body Works by Westside Body Works — 210 East Fairview Avenue: Item 15: Public Hearing: CUP 04-042 Request for a Conditional Use Permit to allow the operation of a body shop in a proposed C -G zone for Westside Body Works by Westside Body Works — 210 East Fairview Avenue: De Weerd: Thank you. Okay. Item 14 and 15, 1 will open those two items for RZ 04- 013 and CUP 04-042. We will start with staff comments. Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This application -- this first one is the rezone request. Both of them deal with the same -- the same parcel. East Fairview Avenue is the street that this address -- that this property is addressed off of. It's just three lots down from the Albertson's complex on the north side of East Fairview. Big -O Tire is immediately to the -- to the east and, then, the residential and Jack-in-the-Box and other uses that I'm sure you're all very familiar with here. The Meridian City Council November 30, 2004 Page 32 of 48 property is currently zoned Community Commercial, C -C. Their request is to rezone it to Community General and the reason those two -- are both commercial, but the reason for the rezone is that the next application, in order to have an auto body shop, the current zone does not allow that even as a conditional use. So, they would need to receive the rezone approval before they could apply for the -- or receive approval for the Conditional Use Permit on the auto body shop. So, that's the -- I think the basics of Item No. 14 on the rezone request. The property is designated in the Comprehensive Plan as commercial, so it does comply with that. This is the site plan for Item No. 15, the Conditional Use Permit, that the city received, let's see, it looks like -- yeah, unfortunately, it doesn't look like we have in our slide show tonight the revised -- the revised version. This driveway Ada Highway District required to be eliminated and we did receive a revised plan -- I was looking for a date. Dated -- well, it's October 20. The updated plan is October 26. So, just for the record that is the revised plan that we received that shows this access on the slide show closed. The northerly -- I'm sorry. This looks -- no, this is north to the left side of the screen. Fairview is here on the right side of the screen. Big -0 Tires is here to the east. And they are proposing -- and the highway district conditions say to share this access here. This is a 40 -foot wide ingress - egress easement in favor of Big -O Tire and that would be the primary access for both of these -- both of these parcels. As you can see they would demolish the existing structure and construct this new building along the west boundary. They are proposing adding some new landscaping on Fairview, as well as along this east boundary. Customer parking for the auto body shop would be here at the front of the building, as well as on the side. There is a fence that they are showing on their site plan that comes across the back end of the site here and, of course, this is where they are proposing to have for the vehicles that are awaiting repairs. The Five Mile Creek does touch the very corner of the site. You can see the easement shown up here. This center is the -- kind of the channel and, then, easement for the Five Mile is shown there, so there is some impact there. They are not showing any structures within that easement, so that's normally one of the main things to watch out for. The regional pathway plan does actually show a pathway along Five Mile Creek. This is a pretty tough section to work with. There is a couple of photos that are included here that kind of show you the -- the site as it is today and you can see the drain running behind -- behind the property here. So, they are -- you know, certainly from an esthetics standpoint there may be opportunity in the future, you know, for some pedestrian activity. The details of how that would work out are -- have yet to be done anywhere along this stretch, since you have several restrictions on the -- both north and south going along this whole stretch. So, since this property only has a small portion of it that is impacted, the Planning and Zoning Commission didn't think it made sense to have them construct about three feet of pathway that may or may not ever be continued. So, the way that the condition is worded now, that they would actually provide -- provide an easement that may or may not be used in the future for that. The Planning and Zoning Commission hearing on November 4th had three members of the audience testify in favor. There was one in opposition that testified. There was one commenting party. The main issues of discussion were the noise and fumes, potential impacts of that for this use. The pathway, which I have already mentioned, and, then, the parking dimensions, which the revised plan has kind of addressed. So, there was support from the Commission to Meridian City Council November 30, 2004 Page 33 of 48 place this new structure. Here is the proposed elevation of the building. This is the side that would face Big -O Tire here, the elevation, and, then, the west elevation here and, then, the rear and the front. Going back to the site plan, just one last item I wanted to point out. Settler's Irrigation District -- there is a canal, actually, that runs along the front of the property that's piped, runs along quite a stretch here along Fairview. There is an easement on that. There was some concern about how much landscaping could actually be planted in the future if that -- since that pipe exists and the irrigation district is requesting the applicant prepare a 30 foot easement for that piped canal, even though it sounds like it's a little bit unknown exactly where it lies. But they are going to need to work that out, obviously. The applicant is asked tonight to go ahead and address to make sure that we can get, you know, some trees -- normally trees are not going to be allowed in that easement and, you know, ordinance requires in a street buffer to have those. So, I believe that they are going to be able to put them in there on the north end of that easement, but if we could have them talk about that tonight, that would be good, for the record. I believe the applicant is in agreement with the conditions that the Planning and Zoning Commission recommended. The only real change as far as dimensions that they are asking for is the buffer width is normally 25 feet and they are asking for it to be 23. So, that is a two -foot reduction to the ordinance that they are asking for as part of this CUP. So, thanks. De Weerd: Thank you, Brad. Any questions for staff at this time? Donnell: No, Mayor. De Weerd: Okay. Would the applicant like to comment? If you will, please, state your name and address. Wallace: My name is Tim Wallace. My address is 3834 South Gideon Place in Meridian, Idaho. De Weerd: Thank you. Wallace: I talked to the architect today and late today after talking to him about the drainage pipe, the engineer told us that it was right up against the sidewalk inward, so I don't think there is going to be an issue with where the trees are. I think we are way away from -- we can still continue to put the trees there. It shouldn't be a problem. But until we get that -- we get the engineering report back, but he has done some work in this area and he says he's almost positive it lays towards the sidewalk. De Weerd: Okay. Is that all? Wallace: There was some comments made -- I don't know if you have any of the notes from the meeting before about the noise and the smell. Do you guys have these handouts that were -- De Weerd: Yes, we do. Meridian City Council November 30, 2004 Page 34 of 48 Wallace: Okay. Kind of state -- I have extra ones if anybody's interested on what we do. We are a large shop right now on Five Mile Road. I do a lot of cars right now for Meridian and Nampa and Caldwell that I will leave here. We do roughly five or six hundred cars a year of cars that leave Meridian, they go to Boise, and that's -- who knows what other body shops in Boise are pulling from Meridian. I don't know why these cars don't seem to stay here, but I plan to, hopefully, try to change that. Right now we do about 140 cars a month, roughly 16, 17 hundred a year. And, hopefully, we can retain that here. I really believe that the growth of Meridian, that will be probably the bigger shop of the two when it's all over with, with the growth. I have been looking for property here for three or four years and never could find a really good spot until I met up with the Bodines that own this property right now. So, they gave me the opportunity to come to Meridian and, hopefully, make this thing work pretty good. De Weerd: Okay. Well, I noticed on one of the photos how messy along the back canal is. I assume you will be -- since you will be paving back there, you will be doing some major clean up. Wallace: Yeah. It's -- most of that stuff that you see right there is on the Big -0 side of the -- De Weerd: Oh, it is? Wallace: -- property and -- De Weerd: It would be nice if you could clean that up. Wallace: It's mostly the property that we are on is -- it's mostly just bare ground. The building -- Bobby's Transmission is pulled way forward. De Weerd: Okay. So, that's not even on your property? Wallace: No. De Weerd: That's unfortunate. Wallace: Another -- Steve -- when I talked to Steve Siddoway about the pathway, I noticed that somehow that there is a building that's constructed within ten feet of the canal, so I don't know how they would ever get through if there is a pathway, to go through that way, because that building is right on the edge of the canal. So, I was under the belief that the -- that people would access, if there ever was a greenbelt type walkway, that it would be on the other side, because as you go down further, the Jackson's is right on the canal, so there would be really no way to even access that from that direction. De Weerd: Okay. Well, thank you. Meridian City Council November 30, 2004 Page 35 of 48 Wallace: Okay. De Weerd: Okay. We do have a Public Hearing here, if anyone would like to testify. I do have a number of people signed up in opposition. If I read your name and you would like to provide testimony, please, step forward. Otherwise, will just note your opposition. Bonnie Bradford, against. I will just read the names into the record and when I get to Norma, if she's the only one who would like to speak, we will have her come on up. Betty Price is opposed. We did receive a letter and it is in the record. May Ellen Green is also signed up against. Mary Lou Cox is signed up against. And Norma Gale is signed up against. Would you like to provide testimony? Norma, if you will, please, state your name and address. Oh, I need to swear you in first. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Gale: I do. De Weerd: Thank you. Gale: Norma Gale, 299 East Spinosa Drive in the La Playa Manor, Meridian. De Weerd: Thank you, Norma Gale: And Mr. Altig lives there and he's also here tonight. Our main concern was -- as you come into -- one of our concerns, as you make the entrance into Meridian is this going to enhance our city and we are really quite concerned about the south side. He spoke that he would have cars back there behind waiting work and we are concerned about whether or not that will be something good for us to view. Is that going to look messy or trashy, like the picture that he says is not on his property in the upper right screen you showed. That looked pretty bad. And we are concerned about those of us who live on Spinosa look out at that property from our patios. So, we are concerned about the noise and the way it would look. We have also noticed quite a few teenagers hang out there and some of the folks think that we have had some homeless people sleep there and I think some of the folks on Spinosa have even called the police out along there a time or two, is that not right? We are also concerned about the Five Mile Drain, which is between us and all that property. Our -- those of us on Spinosa go -- our property goes to the Five Mile Drain. And I had my grandson clean out about 16 tires out of there and Mr. Altig has done a lot of work to keep that drain clean. So, we are concerned that they would maintain that drain ditch in a clean manner that would not pollute the water. And we would want you to consider, as you have, the future of a walking path along there and the traffic and noise. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide public testimony? If you will, please, state your name and address. Altig: I'm Ken Altig, I am at 101 East Carmel in the La Playa Subdivision and one of the concerns I have there -- Meridian City Council November 30, 2004 Page 36 of 48 De Weerd: Ken, I did swear you in, right? Altig: No, I don't believe I raised my hand, but -- De Weerd: The other hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Altig: It is. De Weerd: Thank you. Altig: As -- one of the concerns I have is on his plan there I don't see any fence across the back of that property, so all of those cars that are in for repair are going to be out there, some of them probably in pretty bad shape, and that's going to add to the problem we also have behind Big -O Tire out there, which is a big junk yard, because it shows -- you know, it shows that -- this picture here, that doesn't even -- doesn't even show the whole concept of that. It is just plain a junk -yard. It's old tires, old wheels, old car parts, you name it, it's all piled back there. The kids think it's great sport to roll those tires and wheels down into the ditch. I would think the city would have an ordinance that they could enforce Big -0 to clean up that property and in order to keep from getting something similar to that on the back of a -- of an auto body shop, they could be using that back lot not only to park the cars while they are waiting that are pretty well mangled, but they could also be using that to pile parts, old fenders, doors, whatever they have taken off to replace on cars could all be piled back there and still leave a site just like we have there. And so we would like to keep that area looking better than it is now and I spend quite a lot of time myself just trying to keep that area clean along that drain. De Weerd: Thank you, Ken. Donnell: Madam Mayor, could I ask Mr. Altig a -- De Weerd: Yes. Ken, we have a question for you. Donnell: Mr. Altig? Altig: Yes. Donnell: Help me understand how close you are to looking at all of that -- the back of that. Altig: Do we have the plat of the subdivision? Donnell: Okay. So, where are -- yes. Where are you? Meridian City Council November 30, 2004 Page 37 of 48 De Weerd: Ken, if you will take the microphone. Altig: My place is right here, the first place as you come into the subdivision, so I have a clear view of this whole area from my backyard. Donnell: I see. And can you show me where, then -- does Five Mile go along there? Five Mile Creek? Altig: This is it. Donnell: Runs right along there. Okay. Altig: Comes down here and makes a curve, crosses the Meridian Road farther down. Donnell: One more question, Madam Mayor. De Weerd: Uh-huh. Donnell: The ladies that are here this evening, am I to understand that you live along that same area? Altig: They live up in this area here. Donnell: Okay. Thank you. De Weerd: Thank you, Ken. Altig: One other comment that I might make. They -- we were talking about obstructions on that side of the creek there. I believe that on the other side there is an easement both sides of that creek for maintenance and on the other side of the creek is a mobile home park and some of the mobile homes almost back up almost and almost sticks over the creek, so it's not accessible either way -- at the present time to go through all the way. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell Donnell: One more question. Mr. Altig? De Weerd: Ken, just one more question. We can't let you get away. Donnell: Is the property -- the yellow property there that's along Five Mile, is that all fenced? Are your patios open to that property behind you or are they all fenced? Meridian City Council November 30, 2004 Page 38 of 48 Altig: There is a six-foot high fence behind the property. However, our property extends to the middle of the creek. Donnell: Right. Altig: But the fence is on the line of the easement for the creek. Donnell: Okay. Thank you. I think that's my last question. De Weerd: Thank you. Okay. If there is no further testimony, we will ask the applicant to respond. Wallace: My name is Tim Wallace. Can you pull up the aerial of the -- the one with the elevation stuff. Yeah. That back should be -- De Weerd: There should be a pointer right there if you'd like to use that. Wallace: Right through here. This is a six-foot vinyl -- it's a chain link fence, but it's got vinyl slats in it, so you cannot see through it. Donnell: Show me that again, would you? Wallace: It's right through here. Donnell: Why can't I see any red dot? Thank you. Okay. Wallace: And as far as old fenders and cardboard, we have a company that picks up our sheet -metal and cardboard once a week and I strongly suggest to anybody that has any doubt in their mind about how clean we are, if they -- they are more than welcome to come by our Five Mile facility. I think they will be pretty shocked. We do have surveillance cameras; we don't have any issues with any thievery or any of that type of stuff. You will find that we are really run -- really professionally run company. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: One issue that was pointed out is this is, in fact, one of our entryways and just for the record, could you speak to us a little bit about the design and material used on the structure itself? Wallace: It is -- can you pull that -- it is like a three -colored block is what it is with the metal roof. Our building on Five Mile is -- it's a metal, real nice looking metal building, but since the price of metal went up so much, I have always wanted to have a block Meridian City Council November 30, 2004 Page 39 of 48 building, I always thought that looked a lot nicer, but that will be the case here. It will be a -- kind of a three-dimensional three -colored block type building. De Weerd: Mr. Rountree, did you have any further -- Rountree: No. No further questions. De Weerd: Any further questions for the applicant? Donnell: No, Madam Mayor. De Weerd: Okay. Thank you. Mr. Nary, I guess I would have a question as far as the property next door and I know that doesn't have anything to do with this application, but a question was raised on is there anything the city can do under our current ordinance that would assist in cleaning that up? And I'm sure even the applicant would be interested in that. He doesn't want to be next to it either. Nary: Madam Mayor, Members of the Council, while Mr. Wallace is coming back up, as we have seen in some of our other recent issues with some of the other businesses that we don't have a lot of ordinances that address that particular type of storage. If the Council has a concern on this property that there is -- that they not be used as long-term storage, you certainly could add a condition to this -- to the CU application that that rear lot not be used for storage. Certainly, we can contact our -- tomorrow I can talk to our Planning and Zoning Department and see if there is a CU on the Big -O lot and whether or not they have any condition like that. Otherwise, we don't have any ordinances about storage of materials on their own property. If it's in an easement, as long as there is no structure, again, it's probably the -- the irrigation district's concern on whether or not this access along there. I would agree, you know, as we have talked about -- through testimony about access along that ditch bank, that the property lines tend to be pretty jagged along there and go right to the edges all along to the east of this property. So, there probably are some issues there, but we don't have an ordinance specifically addressing that type of storage, because it appears that it's -- at least from what we see, we are talking about tires and the like and there may not be any hazardous type material back there, besides the tires. So, other than it being an eye sore, there may not be any other real avenues for us to explore in our ordinances currently, but we can certainly check with Planning and Zoning if they have some CU requirements for Big -O that they might be in violation of. De Weerd: Thank you. I appreciate that follow up. Also, chief, if you could ask our code enforcement officer -- I guess it is in the easement, perhaps we should be writing the irrigation district a letter informing them of the tires and the tires that are in their canal, that it does pose a problem and see if we can get them to do any action -- take any action. Musser: Madam Mayor, Members of the Council, I will have the ordinance enforcement officers research that and start processing anything they might be able to do at this time Meridian City Council November 30, 2004 Page 40 of 48 on it. Also as means of an anecdote in relation to some of the other questions that came up, with the current transmission shop that's there, along with some of the Big -0 storage that we see in the pictures, this has always been a fairly attractive nuisance for our teenagers and they use it as a cut through in order to get over to the James Court Apartments area and we have had numerous calls down there in the past. I really believe with the layout that we have here, the fencing that's proposed -- and I have been by the west side on Five Mile a number of times and it's an excellent facility. Half the time I don't even realize that it is a body shop that's there, but I think it would add to that and help prevent some of the cut -through nuisance, the traffic that we have now with the teenagers. De Weerd: I would imagine you're going to have -- you mentioned security cameras, but probably also security lighting that would assist in making that a safer place, too. Wallace: Exactly. De Weerd: Okay. Wallace: Can I get you to put the drawing overview of the -- as far as -- I think the clean up on his part is going to be two -fold. Right now he currently uses this 50 -foot easement to park on and if you look at his overall plat, he really doesn't have any parking. So, for years he's used up against his building here on this easement to park. He knows that now because of eliminating this -- ACHD has eliminated this access, we have this one access that he's not able to park here anymore. So, I'm assuming that he's going to have to go back there, because that's really the only place he has to park his employees' cars is back where that pile of metal is. So, I think that he will progress and be back there with his cars, because he has no other really place to park. That lot is mostly building that he's on and that's the only open lot behind that metal building that he's going to have for parking, so I would think that that metal that he has there is going to have to go away. De Weerd: Okay. Well, I guess for the enforcement officer's sake, we could take a look at that and make sure that area would have to be paved, I would imagine, if they are going to be parking back there, so -- Wallace: We are required to pave our whole parcel, which we are doing all the way. Right now this is asphalt up until about right here and, then, it's dirt all the way back and behind Bobby's Transmission this is just -- it's all dirt and that roadway there, all that will get -- De Weerd: It died. Rountree: Bring a battery next time. Wallace: Yeah. All this right now will be paved. There was a drain here, but right now all this -- from about right here all the way back is dirt. So, this whole -- basically, Meridian City Council November 30, 2004 Page 41 of 48 everything other than the landscaping and the building will be paved. One thing we talked about doing -- and I guess we didn't get far enough about it, but we talked about possibly putting a fence -- a gate to eliminate any traffic through there. Maybe something down the road we can look at to block any -- anybody coming back here and walking down the ditch. I don't know if that's something that we can do legally right now, but Ken at Big -O had talked about, you know, having some type of roll gate that, you know, on the weekends and, you know, after work when we are closed, so nobody could actually drive back here. Just something that we thought about. We didn't know if we could do that or not, but we never did put that down in any of our plans to do that. But that was a thought, if there was issues about kids or anybody cutting across there. De Weerd: I think with your lighting and security cameras, that will certainly eliminate the desirability of doing that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Wallace -- and you have mentioned that you have regular pickup on that -- of your materials. Would you be comfortable with a condition that would eliminate long- term storage in that area of the space? Wallace: I don't know how to put -- we have a - like I said, we have -- it really depends on how many cars we do on -- how much we - you know, how much we get. On our current facility it's screened, we have a pile for cardboard and, then, a pile for metal and when it gets of size, we call and they come pick it up. You know, it's not -- I don't like it sitting around, but it's hard to determine on, you know, how much we are going to have per workload, but we don't -- we don't let it get out of hand. I mean it cuts into my parking, the more -- you know, the more fenders and old cardboard that we have there. The sooner I can get rid of it, you know, the better for me. The people that pick this up, pick up the metal and cardboard. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe as an alternative, rather than trying to deal with the enforcement of long-term storage, it's simply a condition of the store -- the storage material, either vehicles or parts, cannot exceed the height of the fence. Since the fence is screened, that would probably -- that would be the easiest enforcement mechanism if that became a problem. We've had a recent complaint about a different facility and storing vehicles -- wrecked vehicles above any height limitation. So, that might be an easier way to enforce that and, again, keep out long-term type of problems. Meridian City Council November 30, 2004 Page 42 of 48 Wardle: Thank you, Mr. Nary. Mayor Madam, I think what I heard from the neighbors was that they didn't want to have a long-term -- essentially junkyard storage and I don't think you want that either. I was just looking for the mechanism. Would you be comfortable with it not exceeding the fence height? Wallace: Exactly. Wardle: Okay. Hawkins -Clark: Madam Mayor? De Weerd: Yes, Mr. Hawkins -Clark Hawkins -Clark: So, if I could just add something. The Planning and Zoning Department has, over the last year, been involved in another enforcement issue where the screening was chain link with slats and that was -- they actually did that per the City Council's condition, but we have learned since that that really does not screen. So, I guess I would just put that on the record, that we have found that even though it may sound like slats work, there is, actually, a good three-quarter inch or so gap in between the vinyl slats, so if you add up that three-quarter inch and you multiply it by 600 or whatever, you really have probably 40 to 50 percent visibility through that kind of screen. So, I would recommend if you want a solid screen, to place a special condition with that regard. De Weerd: Do you have a response to that? Would you be amenable to a solid screen in the area that you store that or you would have that material? Wallace: Can I borrow your pen again? The only problem about the chain link, because at the top of the chain link, we will probably put some type of razor wire on the top to keep people from getting in and getting out. I don't think you can do that with like a solid vinyl. I'm not aware of that. All my property on Five Mile is screened with those slats and I do understand what he's saying. Right at the right angle you can see through. I guess I don't know what to propose to, you know, put up. Obviously, I wouldn't want to put up a wood fence, because of the nature of a wood fence. Vinyl, you know, that's a possibility, but I don't know if they can put razor wire on top of vinyl. De Weerd: I think you could almost back up a solid -- a solid surface to your chain link to help eliminate that. Wallace: That's possible to put like a vinyl -- a complete closed -in vinyl fence on that canal side. De Weerd: We could ask that you use a solid fencing and work with staff on the details, so that it still meets your goal of having the extra security on top, but allows for more of a solid structure to help with some visual affects. Meridian City Council November 30, 2004 Page 43 of 48 Wallace: Okay. De Weerd: Council, does that sound reasonable? Norma, we usually just take testimony once. Would you -- you could talk with them or -- is it a condition that Council should be considering? Council, would you like to accept further testimony? Donnell: Certainly. De Weerd: Okay. Norma if you would like to come up and on the record ask your question and we will ask the applicant to respond. Gale: I was concerned about the metal roof. I find it personally very irritating to have a sun reflection, if I was sitting on the patio and the metal roof was reflecting and maybe the applicant wouldn't be putting in the kind of metal roof that reflects it, but that was just my concern. De Weerd: Thank you. Well, one more time. If we can ask you to come up and let us know about your roofing material. Wallace: The roofing material is -- it is metal, but I think the elevations will show that the building itself inside is roughly 20 feet tall. So, you're not really going to see the roof. I mean the roof is so tall that you would have to be, you know, way up. I mean it's not -- I mean it's not -- I could see if it was a house, you could see a metal roof, but we are talking about a building that's 22 feet in the middle. I mean the roof is way up there. It's not visible from -- De Weerd: Thank you so much. Okay. Council, any last thing before I ask for a motion to close the Public Hearing? Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that we close the Public Hearing RZ 0 -- I don't have to say all those numbers? Okey-dokey. Close the Public Hearing. Wardle: Second. De Weerd: Okay. The motion and second is to approve -- or to close the Public Hearing on Item 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council November 30, 2004 Page 44 of 48 Wardle: Question of Mr. Nary before I make a motion. The conditions that we have talked about belong in the CUP; is that correct? Which is the second motion? Nary: Madam Mayor, Members of the Council, Council member Wardle, yeah, that would be the most appropriate. Wardle: Okay. In that case, Madam Mayor, I move that we approve Item 14, RZ 04- 013, rezone for Westside Body Works. Donnell: Second. De Weerd: Okay. The motion is to approve item 15. Is there any further discussion? Mr. Berg. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 15, CUP 04-042, Conditional Use Permit for Westside Body Works and to include the applicant's comments specific to conditions not allowing materials to exceed the fence height and also to incorporate the applicant's comments of a solid fencing, working with staff to keep the goals outlined in the Public Hearing. Donnell: Second. De Weerd: Okay. The motion is to approve Item 15 with the noted additions. Are there any further discussion items? Rountree: I have none. De Weerd: Okay. Mr. Berg. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Water, Sewer, and Trash Delinquencies: Meridian City Council November 30, 2004 Page 45 of 48 De Weerd: Thank you. Okay. Item 16 is water, sewer, and trash delinquencies. 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, November 30th, 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 December 1st, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? 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 $37,235.26. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the delinquency turnoff scheduled for December 1st in the amount of $37,235.26. Wardle: Second. De Weerd: Okay. The motion is to approve the shutoff list. Mr. Berg, will you call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT Item 17: Ordinance No. 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: Item 18: Ordinance No. AZ 04-018 Request for Annexation and Zoning of 19.4 acres from RUT to R-8 zone for Chatsworth Subdivision by Dyver Development, LLC — west of South Locust Grove Road and south of East Victory Road: Item 19: Ordinance No. AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: Item 20: Ordinance No. RZ 04-008 Request for a Rezone of .23 acre from R-8 to proposed O -T zone for Larry Knopp by Larry Knopp — 713 North Meridian Road: Item 21: Ordinance No. AZ 04-012 Request for Annexation and Zoning of 1.82 acres from RT to C -C zone for proposed Meridian City Council November 30, 2004 Page 46 of 48 Wrinkleneck Protect by Wrinkleneck Partners, LLC — northwest corner of East Overland Road and South Locust Grove Road: De Weerd: Thank you. Items 17, 18, 19, 20 and 21 are ordinances. 04-1114, 1115, 1116, 1117, and 04-1118. Mr. Clerk, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1114. An Ordinance AZ 04-021, Arcadia Subdivision, for the property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by Patrick and Nancy Hoskins, establishing and determining the land use zoning classification of said lands as R-8 in the Meridian City Code providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada county recorder, and the Idaho State Tax Commission, required by law and providing for a waiver of the reading of the rules and providing an effect date. Berg: Sorry, Mayor, this is new language to me. Thank you, Mayor and Members of the Council. Ordinance No. 04-1115, an ordinance for Chatsworth Subdivision, for the property located and described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the Dyver Land Development, LLC, and establishing and determining the land use zoning classification of said lands as R-8 to the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a waiver of the reading of the rules and providing an effect date. Berg: Ordinance No. 04-1116, an ordinance Chesterfield Subdivision, for property located and described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by Centennial Development, LLC, establishing and determining the land use zoning classification of said lands as R-8 in the Meridian City Code and providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada county recorder, the Idaho State Tax Commission, as required by law and providing for a waiver of the reading of the rules and providing for an effect date. Berg: Ordinance 04-1117, an Ordinance, Larry Knopp Property at 713 North Meridian Road for the property described as located and described in the Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian as requested by Larry Knopp and rezoning the land use classification of said lands from R-8 to OT, Old Town, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County Assessor, the Ada County recorder, and the Idaho State Tax Commission as Meridian City Council November 30, 2004 Page 47 of 48 required by law and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 04-1118, an Ordinance, Wrinkleneck Subdivision for property located as described in Attachment A of this ordinance and zoning annexation of certain land and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the Wrinkleneck Partners, LLC, establishing and determining the land use zoning classification of said land as C -C in the Meridian City Code, providing that copies of the ordinance be filed with the Ada County Assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have now heard these ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Any of them. Some things -- you shouldn't approve something called Wrinkleneck. Next time please make them rename it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Items 17, 18, 19, 20, 21, with suspension of rules for those ordinances. Wardle: Second. De Weerd: Okay. The motion is to approve Items 17 through 21. If there is no further discussion, I will ask Mr. Berg to call roll. Roll -Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. I would entertain a motion to adjourn. Rountree: So moved. Donnell: Second. De Weerd: All in favor? All ayes. We are adjourned. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:34 P.M. Meridian City Council November 30, 2004 Page 48 of 48 (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAI MY -RD I2 It( I O¢ DATE APPROVED