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HomeMy WebLinkAbout2005 02-15 Meridian Citv Council Meetina Februarv 15. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 15, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Ted Baird, Will Berg, Brad Watson, John Overton, Anna Canning, Kenny Bowers, Bill Musser, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ---X-Christine Donnell ~ Charlie Rountree ---X-Keith Bird --L- Mayor Tammy de Weerd De Weerd: I will go ahead and open the regular City Council meeting. It is Tuesday, February 15th. It's 7:00 o'clock. We'd like to welcome you all here tonight. I will start this meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and Ms. Sheri Stiles will lead us in the pledge. Please all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Robert Cutler, with Christ Lutheran Church: De Weerd: Thank you, Sheri. Okay. Item No.3 is our community invocation. We will be led tonight by Pastor Robert Cutler with Christ Lutheran. Please join us in the community invocation or take this as a moment of silence. Cutler: Thank you, Madam Mayor. I just wanted to express appreciation on the part of the Meridian Ministerial Association and all the pastors that are part of that group for this opportunity to come and do this invocation and the rarity that this is in our land and society today. We thank you very much for this opportunity. Let us pray. Heavenly Father, Almighty Omnipotent God, I pray that you would keep this city and wickedness and sinful -- and cunning of sinful people out of it, that they would seek to destroy us. Lord, therefore, we come to you, placing in your hands the needs of our city, asking you to give wisdom and ability, sane judgment, and moral purpose to those who govern us. I know, Lord, that the task is difficult. Lord, I know the duties are many and that the responsibilities are heavy for these individuals and yet I pray for them that you would support them with your might, that crime and lawlessness would be controlled and Meridian City Council February 15, 2005 Page2of21 righteousness and integrity would prevail. Lord, for my part and our part, I pray that you would enable us to be law abiding citizens, ones who will seek the welfare of the community first above personal interest. Lord, above all, grant that more people in our city will come to know you, oh, Lord, and accept Jesus as. their Savior and they will serve him with faithfulness and untiring zeal. Lord, I pray that you would make ours truly a Christian community and give us officials who will dedicate themselves wholeheartedly to you and to their tasks and assignments. For them, oh, Lord, yours is the glory and the praise through endless days. This we pray in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you so much for being here with us. We appreciate this partnership as well. Item No.4 is adoption of the. agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Start -- Item J on the Consent Agenda needs to be tabled to February 22nd, 2005. L's resolution number is 05-461. M number for resolution is 05-462. N resolution number is 05-463. On the regular agenda, which we will -- as we come to it we will also do it, but Item No.8 needs to be tabled to February 22nd, 2005. Item No. 11 needs to be continued to March 22nd, 2005. Item No. 16 is Ordinance No. 05-1133. And we would also like to add an Item No. 17 an Executive Session, as per Idaho State Code 67-2345(1 )(a). And with that I would move that we accept the revised agenda. Rountree: Second. De Weerd: The motion is to approve the agenda as amended. Mr. Bird, do you want to add an 18 for any action items? Bird: Yeah. Eighteen, action item, if any action is -- comes out of the -- No. 17, you bet. I would go along with that. De Weerd: Okay. Rountree: Second agrees. De Weerd: Thank you. The motion is to adopt the agenda as amended. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council February 15, 2005 Page 3 0121 G. H. I. J. K. L. A. Approve Minutes of January 18, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: C. Findings of Fact and Conclusions of Law for Approval: VAR 04- 007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: E. Subscriber AQreement with Public Safetv Testing. Inc. for the Meridian Fire DeDartment: F. Agreement with Carollo Engineers for the Centrate EQualization Tank Construction Management Services: License Agreement with the Nampa and Meridian Irrigation District for the Franklin Road Waterline Extension: License Agreement with the Nampa and Meridian Irrigation District for the Black Cat Pressure Sewer: Memorandum of Understanding between the City of Meridian and the Idaho State Historical Society for "Reimbursable" Grant: Amendment for Professional Services Agreement with Diane Kushlan: - Continued:' Agreement with JUB Engineers, Inc. for the SUDDort Services for ExistinQ Model UDdate: Resolution No. 05.461 Establishing Mavor's Youth Advisorv Council and Adopting the By-Laws of the Mayor's Youth Advisory Council: Meridian City Coundl February 15. 2005 Page 4 01 21 O. Q M. Resolution No. 05-462 for Water and Sewer Users: AdoDtion of Fee Schedule N. Resolution No. 05-463 : Parks and Recreation Fees: Well #27 Lot Purchase Aareement with Cherrv Lane Christian Church: P. Award Bid for Well #27 Test Well to Treasure Vallev Drilling: Development Agreement: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: R. Approve New Liquor License and Beer Transfer for Kahootz Steak & Alehouse -1603 East Main Street: De Weerd: Consent Agenda. Mr. Bird. Bird: Madam Mayor, on the Consent Agenda, Item J has been asked to be tabled to February 22, 2005. L, M and N's numbers are 05-461, 05-462, and 05-463. And I move that we accept the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is approve the Consent Agenda as amended. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: A. Department Reports: Police Department - Captain John Overton 1. ADDrove Liauor License for Eddv's at 501 South Main Street: De Weerd: Thank you. Item 6 is our police department. Captain Overton. Overton: Madam Mayor, Members of the Council, we are before you tonight to try and notify you of something new that's occurring with some of the liquor licenses, an actual loophole that's been discovered by the Idaho State Police, specifically Alcohol Beverage Meridian City Council February 15, 2005 Page 5 0121 Control, and its impact or possible impact in the City of Meridian. The main reason is an application for a business name of Eddy's that was going to be located at 501 South Main Street in Meridian. The liquor license came to us as a new liquor license application. The problem with this application is there is already a liquor license at that location, under the name of Mugsy's. A little history on this, because I have had several conversations with ABC, with the state police on this, is the state started to enforce the rules that if you purchased a liquor license through the state, you had 90 days to have a licensed premise. Well, some of these folks figured out that a licensed premise could be just about anything, as long as it met just a few criteria. It had a liquor cabinet that could be locked up. It had a couple of stools. It had a -- basically, it was all they had to have. So, what happened to us first -- and I have to make one admission, we stopped this one at Eddy's, but we did not manage to stop the first one. The first application came to us as Bill and Lynn's Back Room and it was approved approximately two weeks before this one came up. I didn't catch the fact that Bill and Lynn's Back Room and the contract that was attached to it, was not just a name change and a new contract for Bill and Lynn's, but, actually, two liquor licenses operating under the same roof. How they get around the state regulation is Bill & Lynn's and Mugsy's submit to Alcohol Beverage Control a new map and that new map of their premises has a line around a room and they state on this map that that single room is no longer part of their premises. So, this new application comes on board, stating that this closet, in the case of both of these, really -- one was an office, the other one was a closet, is now their premises and they are hanging their liquor license on the wall and operating as a liquor establishment. We are, obviously, a little concerned by this, because we could have a situation arise where we take enforcement action, have one liquor license suspended, only to have a second liquor license operating under the same roof, utilizing the same kitchen, the same restrooms, everything other than different cabinets for liquor. In talking with the state, they believe -- their hands are tied right now, there is nothing they can do, but are fully supportive of whatever decisions you make and the power that you have to approve or deny these applications. They have no -- they have no choice at this time, but to leave it up to the individual communities. They have had one in the City of Nampa that they are dealing with, which has not even a sink and three licensed establishments next door to each other. Whether they a~e done for investment purposes or waiting to actually open a legitimate establishment, they don't have to provide that information to the state and the state doesn't know what their ultimate goal is. But we do have two licenses working right now at Bill and Lynn's, one under the original Bill and Lynn's Bar and one under Bill and Lynn's Back Room. And, according to the state and their restrictions, it meets their code. We wanted to bring this to you, because we did not approve Eddy's for the same reason and I believe one of the other staff comments, that there is another problem with this application as well, outside of the concerns that we have. But, really, I just want to bring this forward because I don't know that you're aware that this is going on. We weren't until we saw the second one that was so blatant in what they were trying to do and, like I said, we are concerned and we are looking for some direction or feedback from both Mayor and Council on how you would like us to proceed with this. Meridian City Council February 15, 2005 Page 6 01 21 De Weerd: I guess it does raise the question can -- most of our drinking establishments are CUP and can a CUP have two different drinking establishments under one permit. Canning: Madam Mayor, Members of the Council, my understanding of the CUP is that they do run with the land, so regardless of how many -- if the land is approved for a drinking establishment, I'm not sure that we -- that the zoning code would look at how many liquor licenses were there. But this one in particular does have the problem in that there is not a CU approved for a bar. When -- when Mugsy's went in, because there had been a use there that was a restaurant with a bar and Mugsy's was going in as a bar with a restaurant, but they weren't changing the configuration of the layout at all, it was the same kitchen, it was the same bar area, it was the same seating area, everything was the same as the previous use and they did have a full kitchen, so Mugsy's was approved as a restaurant with an accessory bar. I have had -- this proposal for just a bar, obviously, requires a CU, because it's not associated with a restaurant at all. So, this particular application I put that it does require a Conditional Use Permit and I didn't sign off on the liquor license. So, I think in this case we can use the zoning ordinance as a tool to resolve the police department's problem, but Mugsy's has been a concern. I have been talking with enforcement folks, they started advertising having live DJ's there on Friday nights on the reader board and to me that's not something a restaurant does, it's something a bar does, and so we have been watching it closely, because I think it has kind of crossed over that line from where -- it's tending toward crossing over the line from a restaurant to a full pledge bar. Bird: Madam Mayor? De Weerd: Mr, Bird. Bird: My thoughts on this is I'm not for it. I mean I realize we got one slip by on us, but two wrongs don't make a right. I couldn't support this, period. Won't support it, period, under these kind of circumstances. De Weerd: Okay. It certainly is a challenge for regulation if you suspend a liquor license and you have a second one in waiting, it really defeats the purpose. Our attorney's office is working with ABC, as well as another attorney in Boise, updating some of the stipulations in the liquor license code to make it more of a tool for economic development, so those that are really trying to put those in use in a restaurant type of setting have those available, because we have had -- we have found them in Cascade, in Boise, in drawers in homes, hanging in zoning areas that certainly a liquor license is not permitted, so -- but we also have stipulations in the zoning code -- or the liquor license code that if you receive one, it's almost next to impossible to put them in use if first you have to find land, you have to go through annexation and zoning, then, you have to build a building, so those that are looking for legitimate use, which we do have a number of restaurants that are lining up trying to come in, but they can't come in until they get a liquor license, because that is part of their restaurant business. So ABC has been long trying to find something and I think the improvements are really for those that Meridian City Council February 15, 2005 Page 70121 are getting these liquor licenses for the right reason and that is to go in business and support that business with this kind of permitting process. Mr. Wardle. Wardle: Madam Mayor, just one of the things that I wanted to say as far as this particular instance. The police department and certainly the rest of the staff come forward with a recommendation that enforcement with two licenses under one roof really would be a concern and so I support that decision. However, agree that on the economic side that there are provisions, which the state lays out within their approval of liquor licenses and if they meet all of the requirements in instances where potentially there are two licenses under one roof, then, we need to take those individually and on a case-by-case basis. I'm not ready to say that as a policy decision that -- that we can make a blanket statement, other than with some of the enforcement issues that have been brought up today. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just one question. Can we rescind the license that was issued to Bill and Lynn's Back Room? De Weerd: Mr. Assistant City Attorney can answer that. Baird: Madam Mayor, Members of the Council, Council-member Donnell, in fact, Council-member Bird sort of asked the same question and my response was that at this time we will certainly look into that, but it's certainly something that you passed and if you have the ability to reconsider it, we could bring it back in front of you, but I have already written down I want to have a discussion with the city attorney and see if we do have any means to revisit that decision. So, we'll take a look at it and get back to you. De Weerd: Thank you. Thank you, Captain Overton. Do we need a motion on this? I assume we do. Rountree: Madam Mayor, my question is this is a staff level recommendation the Council could approve; correct? Overton: This is a staff recommendation. Correct. Rountree: And in this particular case, we can take the recommendation and make an action, but it seems to me if we are dealing with state statute we are a minimum of a year away from seeing a change. How many more liquor licenses are we going to be able to deal with in the next year? A couple, maybe? Overton: Well, I would hope this would be a very limited occurrence. We have seen two this year, both of them cropped up the first of the year. They were new licenses. Again, to reiterate some of the facts you have said on why I don't think we will see that Meridian City Council February 15, 2005 Page 8 0121 many of them. First, they have to make an agreement with another license establishment to try to take up part of their existing space. The second reason is, as you have said, for economic development. There is a limited number of licenses out there and they are all feeding off the frenzy that's occurred by a license going for 100,000 in Boise city, based purely on profit and demand, because the state still only charges 800 dollars for a license. They also know that recently one went for 400,000 dollars in Blaine county. So, there is several people out there that are trying to -- at least the assumption is they are trying to hold onto these as investment pieces of paper, because once they own them, they are theirs. The state is simply trying to step in in the best interest of the communities and saying -- and with all due respect to attorneys, they found a few on attorneys' walls and one of them was back in the state of Pennsylvania and they said you have 90 days to have a premises in the state of Idaho. There is no way to predict right now how many of these we are going to see. We are certainly going to scrutinize these highly. I don't think we are going to see that many. I was surprised when we saw the first one that we actually saw a second one this soon. Rountree: My question is that we don't know -- shouldn't we be looking at an ordinance for the city that deals with establishments that require a liquor license and have an ordinance that says only one per premise and those sorts of things and get going on that and have it on the books, because no telling when the state statute might be amended, if it ever will. De Weerd: We can ask the city attorney's office to bring that back with their recommendation. And, as I understand it, Senator Bunderson has been looking at the revisions and there still might be a chance that that legislation goes forward this year. Rountree: Pretty tough. De Weerd: Yeah. It's tough, but, if not, we have a year. Rountree: With that, Madam Mayor, I would make a motion that we accept staff recommendation and deny the approval of the permit application for Eddy's. Bird: Second. De Weerd: Okay. And the motion is to do what? Rountree: Deny approval. De Weerd: Oh. Okay. Thank you. I just heard approval and thought, oh, maybe I do need to go home. Okay. The motion was to deny the approval. All those in favor say -- well, no, let me do it by roll call. I'm sorry. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Coundl February 15. 2005 Page 9 01 21 Item 7: (Items Moved from Consent Agenda) De Weerd: Thank you. There were no items moved from the Consent Agenda for Item 7. Item 8: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossings. LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: De Weerd: So, we will move to Item 8. There has been a request to table this item to February 22nd. Do I have a motion? Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to table Item 8 to the 22nd of this month. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: FP 05-004 Request for Final Plat approval of 5 commercial building lots on 7.16 acres in a C-G zone for Waltman Court Subdivision by Buffalo Hump, LLC - west of Meridian Road and north of West Waltman Lane: De Weerd: Item 9, FP 05-004. I will start with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for approval of five commercial building lots on 7.16 acres for Waltman Court Subdivision. This is the preliminary plat and as you will see, the final plat is in -- very much in substantial compliance with the approved preliminary plat. There are no outstanding issues before City Council and staff is recommending approval. I do not have a letter from the applicant, although I note he is in the audience. De Weerd: Okay. Does the applicant have anything that they would like to share? Do they agree with the conditions? They agree with staff conditions, so Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.9, FP 05-004, Waltman Court Subdivision, subject to staff comments. Bird: Second. Meridian City Council February 15, 2005 Page 100121 Donnell: Second. De Weerd: Okay. The motion is to approve Item No.9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-005 Request for Final Plat approval of 55 single-family residential building lots and 2 common lots on 14.38 acres in an R-8 zone for Redfeather Estates Subdivision No.6 by Packard Estates Development, LLC - east of North Eagle Road and south of East Ustick Road: De Weerd: Thank you. Item No. 10 is FP 05-005. I will open this item with staff comments. Canning: Madam Mayor, this is a request for final plat approval of 55 -- Madam Mayor and Members of the Council. I'm sorry, I forgot the rest of you there for a moment. For 55 single-family residential building lots and two common lots. for Redfeather Estates and this was -- the preliminary plat for this, for Redfeather Estates No.2 -- the first phase being in Boise, but also Redfeather Village. So, it's a combination of both of those. Oops. Sorry. Preliminary plats. And I'm going the wrong way for some reason. Okay. Why does it think up is down? Okay. There we go. There we go. The applicant wrote a letter that should be in your packets and they did note some exceptions to the conditions of approval that were placed in the staff report. You should also find a memo from Sonya Allen that was written today, that it went through that letter and addressed those concerns and we have pulled out the specific actions that need to be taken on this item. The final plat is in substantial compliance with the two approved preliminary plats and staff is recommending approval. I believe the applicant indicated that she was okay with the modifications as set forth in Sonya's memo to Council. De Weerd: Okay. Council, any questions for staff? Does the applicant have any comments? Mr. Bailey? Canning: It's Ms. Stiles. De Weerd: Oh, Ms. Stiles. Any comments? No comments from the applicant. So, the staff memo dated today addressed all of those -- Canning: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Councli February 15, 2005 Page11 0121 Bird: I don't have a copy of that staff memo dated today. I got one dated the 10th. Rountree: Yeah. The 10th. Bird: Thank you, Sheri. De Weerd: Did your staff get a copy to the clerk's office? Canning: He was cc'd on it. I didn't check the e-mail, but I assume that it went over there. But it was later in the afternoon. They might just not have had a chance to find it. I'm sorry about that, Council. We were trying to make it easier for you, not more difficult, but -- De Weerd: I think it's probably easy to e-mail it and fax it -- the fax is physically you walk by and you see them, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, was this in response to the February 11th from Engineering Solutions? Canning: Yes, sir. Bird: We received that 11 -- the 11th? De Weerd: On Friday. Yes. Bird: Okay. De Weerd: Any further information needed? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 05-005, Item No.1 0, final plat for Redfeather Estates Subdivision No.6 and to include all comments denoted in the staff memo dated 2/15/2005. Donnell: Second. De Weerd: The motion is to approve Item 10. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council February 15, 2005 Page 12 0121 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed- Use Regional for Ten Mile DeveloDment. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: De Weerd: Thank you. Item 11 has been requested to be continued to March 22nd. It is Public Hearing CPA 04-003. I will open the Public Hearing. I hope that there are no members in our audience that are here for this item. We apologize if we have inconvenienced you, but there has been a request for continuation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You have opened the public hearing? De Weerd: Yes, I have. Bird: Is anybody here to testify tonight? De Weerd: Mr. Berg wants to testify. Sorry. Berg: Madam Mayor, I don't wish to testify, but I would like to bring up a point. We had discussed this in some of our agenda meetings, which I know you haven't been able to make. March has five Tuesdays. The week of the 22nd is the spring break, which affects a few of the staff people, which I know they have made some comments about it would be nice to flip that one with the 29th. Right now we have not published any notices for the meeting for the 22nd, so I'm just bringing that -- Bird: I'm for that. Let's go the 29th. Rountree: I think that works for me. Donnell: Madam Mayor? De Weerd: Yes. Donnell: Does that mean there will be no meeting on March the 22nd? De Weerd: That's what it means. Donnell: Oh, yeehaw. Meridian City Council February 15, 2005 Page 130121 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that clarification -- and I do like that idea, seeing how that is the week of spring break and, you know, the ones that have children -- I move that we table Public Hearing CPA 04-003 to March 29th, 2005. Donnell: Second. De Weerd: Okay. The motion is to continue Item 11 to March 29th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 04-034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 13: Public Hearing: PP 04-043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Item 14: Public Hearing: CUP 04-052 Request for a Conditional Use Permit for a Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: De Weerd: Okay. Items 12, 13, and 14 are all related. I will open these three items, Public Hearing AZ 04-034, PP 04-043, and CUP 04-052. I will open these with staff comments. Canning: Madam Mayor, Members of the Council, the applicant has submitted a revised site plan to staff on Friday and so we have a question before the Council today, just to decide where you want to go. The two options are to remand it back to P&Z for their consideration of the revised site plan or to go ahead and schedule it for two weeks out to give staff adequate time to review the proposal and I just wanted to explain to you why I'm asking you to make this decision, I guess. This is for Hacienda Subdivision. It's located across from Paramount next to Saguaro. This is the Priddy property. I think you will remember Mr. Priddy and his bull -- the animal. Sorry. And this is the Ventana Subdivision and this will be the new school site. So, it's in an area that's seen a lot of very recent development activity. This is the proposed -- this is the layout that the Planning and Zoning Commission commented on and, in particular, I want to point out some of these open spaces along the southern and eastern boundary. This is the Meridian City Coundl February 15. 2005 Page 140121 revised site layout and so here you see them stacked one on another. What's missing are the ones that are circled in red here. These are attached townhouse products. And I have a picture of them. There they are. And that's just two, but they are actually attaching up to four. Five on this one and five on that one. And so they have taken out these open space lots that were 20 feet in width. So, there used to be 30 feet between the buildings. And I didn't check the minutes exactly, but I remember that being a comment of the Planning and Zoning Commission, that they felt a little more comfortable with those attached products, because there was that break. They also lost a common lot here. Now, Mr. Bailey has explained to me that the reduction in that separation isn't as great as it would appear, because the applicant still intends to provide a distance between those structures, but it would go down to ten feet in some cases, I think it is going between 20 to ten. And they can explain that a little better than I can. But when I first saw this, I was very concerned about the loss of the open space lots. Now, they did remove one build-able lot also and that was in this area here. They lost a build-able lot. The reason that they have made these changes is that they went from a 30-foot frontage to a 32-foot frontage and that required shifting some of the open space. So, I did not feel comfortable making the call on this one as to whether it should go back to -- well, I can't require that they go back to P&Z, only you can do that, but I didn't feel comfortable taking it from -- to you until you had had an opportunity to comment on this. De Weerd: Okay. Council, would you like to ask questions or hear from the applicant first? Mr. Wardle. Wardle: Madam Mayor, just a question of Anna. So, really, what you're asking is for the hearing that we have tonight, staffs asking to either delay it two weeks and, then, present it to the City Council in its entirety with the revised plan? Canning: Correct. Wardle: Or whether we'd like to remand it to Planning and Zoning with apparently a substantial change? Canning: Yes. That's the question. De Weerd: And we do have Don and Denise Ivory here tonight, which I'm sure they haven't had an opportunity to look at this as well. So, our members of the public, I assume, have not seen the revised plan. Okay. Would the applicant like to comment? Sorry. I just had no idea who the applicant was tonight. Nickle: That's okay, Madam Mayor. De Weerd: If you will, please, state your name and address. Nickle: Shawn Nickle. 52 North 2nd Street in Eagle. Meridian City Council February 15, 2005 Page 150121 De Weerd: Okay. Nickle: Are you going to swear me in or are we -- De Weerd: No. We took this out of our ordinance. Nickle: Okay. Well, I will be honest anyway. De Weerd: I will remind you to, please, tell the truth. Nickle: I usually do. De Weerd: Usually. Nickle: Usually. Bird: Usually. He did say that. Usually. Nickle: I think we understand staff's concerns. I don't -- I don't think -- well, we don't feel it's necessary to go back to Planning and Zoning. I don't think -- we don't think it's a substantial change. We do believe that staff needs some additional time to review this. We did give it to her on Friday. And we can meet with the neighbors after this meeting and kind of show them what we have done. The concern, from what we understand, is the distance between those existing -- those structures through the attached units. The two on the left that are circled would have an 18 foot separation between buildings, that third one would have a ten foot, and, then, the one on the eastern boundary would have a 20 foot. We have -- I guess based on your recommendation, we do have the ability to remove a lot on the south boundary and widen those gaps. I don't know if that's necessary and I guess I would ask that we -- if you decide to postpone it for two weeks, that we get together with staff and see if we can address those concerns. And, if not, we would come back to you with one less lot on that south boundary to widen that gap. We had some other issues that came up between Planning and Zoning and now, particularly the tiling of the ditch through the property, concerns that the police department had with visibility around our clubhouse, and the stub street to the north, all of which I believe we can resolve with staff within this two weeks and bring you back a cleaner application at that time. And that's what we would' request. I'll stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You say the -- you had some concerns between Planning and Zoning now that's been brought up by the police department, some other deal, Shawn? It wasn't brought up at the Planning and Zoning? Meridian City Council February 15, 2005 Page 160121 Nickle: It was brought up at the Planning and Zoning. Bird: Oh. Okay. Nickle: One of the things the Planning and Zoning did, they wanted us to move our -- that existing wall right where that pointer is at. It was too close to the street. They wanted us to move it ten feet back. That's been accomplished. I think the concern with the police department -- I did talk to Chief Musser today -- was the visibility. There is an existing -- if you guys have driven by the property, there is an existing stucco wall that ranges from three to six feet in height and I think the concern with staff and with the police department was visibility in that common area. I believe that we can work out with the police chief and make him -- satisfy his concerns with that. Bird: And with the ditch company, what is Settler's -- Nickle: The ditch company, they would like us to tile it. Your Planning and Zoning -- the Planning and Zoning Commission and staff feel, along with us, that it would be a nice amenity to keep it open through the property as it goes around the clubhouse and through the open space right there. Bird: I agree. Nickle: I think we would like the option of working with the irrigation district and seeing if we can't leave that open and, if not, obviously, we will pipe it. Bird: Thank you. Nickle: And, then, the one last thing, since we are talking about it, the stub street to the north, originally we couldn't get a hold of the Catholic church to find out what their plans were for that property prior to P&Z. We have since talked to them and their plans are to come back in with a -- I guess a Sunday school or some sort of school related to the church at some future date. We would just like the option of working with the highway district and the church and if they do develop it that way, we don't feel that there is a need to have that stub street. If it was going to be residential, I could see the need for the interconnectivity. So, we would just like the option, through a condition, that we work with the church and with staff and the highway district to figure out what that will be and, then, we will act accordingly. So, those were the issues. I'll be quiet now. De Weerd: Well, it sounds like there is a number of issues that need to be worked out that could result in a number of changes to this. So, Council -- Mr. Wardle. Wardle: Madam Mayor, my preference on this application would not be to remand it, but to allow the applicant and staff time to work it out. These don't seem to be substantial changes, in my opinion. I would also encourage the applicant to work with the neighbors and surrounding property owners in that two week time period. Meridian City Council February 15, 2005 Page 17 0121 Nickle: Absolutely. De Weerd: Council, I guess I would also like to request of staff -" we have been asking for some time and certainly our Comp Plan supports certain densities, but I want to know what our transportation corridors are. These -- as we look at higher density developments, we have to know what our road plans are and where these higher densities really should be, instead of just assuming that it will be supported at some point with public transportation or appropriate road infrastructure. We have to have this design. In particular, when we start looking at these higher densities. And so this -- when it comes back with staff recommendations, I would like to. know what that -- if this is part of a long-term plan for -- and if this higher density is supported by a transportation plan. Is that putting you on the spot? I have talked to Brad Hawkins- Clark -- we have to look at a mobility study and start just putting our plan together, if it's -- if it needs more detail, if we need to see how the master plan pathways are going to connect and some of the stuff, because I don't feel comfortable putting high densities in a place where I don't know if it's going to ever be supported with public transportation or appropriate roads. Canning: Madam Mayor -- and I'm not trying to be argumentative, but it's less than five units to the acre. I know it looks different, but it's -- you know, it's -- well, I have got the density from 4.99 is what I have got, Shawn, originally, so -- De Weerd: But it starts to add up. Canning: Yeah. I'm just -- high density means something different to me, but I just -- De Weerd: It looks -- it definitely does look high density, but we do need to know about our infrastructure and our road plans out there. Mr. Wardle. Wardle: Madam Mayor, if there are no other comments, I would move that we continue the Public Hearing on Items 12, 13, and 14 to March 1 st. Bird: Madam Mayor, before I second that, you need to find out if there is anybody here that needs to testify tonight. Wardle: I will withdraw my motion. De Weerd: Okay. This is a Public Hearing, although changes could be made, you may want to comment after you have seen those changes made. Is there anyone in the public who would like to offer testimony tonight? Okay. And I'm assuming the applicant will meet with the neighbors after this. Okay. Mr. Wardle. Wardle: Madam Mayor, I, again, move that we continue Items 12, 13 and 14 to March 1st, 2005. Donnell: Second. Meridian City Council February 15. 2005 Page 180121 Bird: Second. De Weerd: Okay. The motion is to continue Items 12, 13, and 14 to March 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 15 is our water, sewer and trash delinquencies. Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre- termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for February 15th, 2005, water service for the attached turnoff list will be terminated on February 16th, 2005. The total amount of the turnoff list is $40,032.44. Council, do I have a motion to approve the turnoff list? Donnell: So moved. Wardle: Second. De Weerd: The motion is to approve the list in front of you of $40,032.44. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 17 is an Executive Session per-- Donnell: Are we doing to do 16? Item 16: Ordinance No. 05.1133 AZ 04.026 Request for Annexation and Zoning of 1.71 acres from RUT to CoG zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: De Weerd: Oh, sorry. I'm sorry, Mr. Berg. I almost forgot to give the opportunity to please read Item 16, Ordinance 05-1133 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1133, an Ordinance known as Mountain West Bank for property located as designated 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 City of Meridian, establishing and determining the land use zoning classification of said lands as C-G, General Commercial, in the Meridian City Meridian City Coundl February 15, 2005 Page 190121 Code, providing copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing a summary of the ordinance and providing a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Hearing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1133, with suspension of rules. Rountree: Second. De Weerd: The motion is to approve Item 16. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 17 is a motion -- I need a motion for an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(a). Rountree: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Donnell: So moved. Rountree: Second. Meridian City Council February 15, 2005 Page 20 0121 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED, Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move that we have Human Resources create and classify a new position of Assistant Fire Chief, Chief of Operations Facilities and to take all necessary steps to add this position to our workforce. I also move that HR move the current Fire Chief classification to DH 7 in our salary grades. I move that Finance amend the current year budget to include the salary benefits and associate costs for the position of Assistant Fire Chief, Chief of Operation and Facilities and (inaudible) the Chief in the new salary grade range. Rountree: Second. De Weerd: Okay, the motion is read by Mr. Bird and is in front of you. Mr. Berg will you call roll? Berg: Thank you Madame Mayor, members of the Council roll call vote. Bird, aye; Rountree, aye; Donnell, aye; Wardle, aye. ALL AYES. MOTION CARRIED. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: I would like to make a motion to adjourn. Wardle: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council February 15, 2005 Page 21 0121 ~mR~MM~ ~~ Of) DATE APPROVED