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HomeMy WebLinkAbout2005 02-22 Meridian City Council Meetina February 22. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 22, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Brad Watson, Bill Musser, Brad Hawkins-Clark, Bill Johnson, Bruce Freckleton, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle -LChristine Donnell ~ Charlie Rountree --X-Keith Bird -L- Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the regular City Council meeting and it is February 22nd, it's 7:00 o'clock. Welcome here tonight. And we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is our pledge of allegiance. Becky McKay will lead us in the pledge. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly, with Capital Christian Center: De Weerd: Okay. Item No.3 is our Community Invocation. We will be led by Pastor Stan Kelly with Capital Christian Center. Please join us in the community invocation or take this opportunity for a moment of silence. Welcome. Kelly: Thank you. I already -- I had a meeting the other night and I already apologized to the Planning and Zoning Commission for keeping them here all hours of the night, so I'm clean before the Lord, so I can pray. Dear Heavenly Father, I do thank you for these citizens of this great city that give a part of their lives so that those that work and live in this community can have a little better life and so, Lord, I ask that you would watch over the proceedings tonight, that you would bless it with unity, you would bless it with fairness, and, Lord, that you would resolve some very difficult issues that they have before them. Lord, we ask your blessing upon this and your presence here tonight. We ask this in your holy name, Amen. Meridian City Council February 22, 2005 Page 2 of 19 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. And we will remind those words next time you come to testify. We will have you lead us in the community invocation that night. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only change I know of is on the Consent Agenda. Item G, the agreement of the' inspection service of Rich Greene, we just got the contract and Bruce just got us some facts and figures, so I would like to see that put on the March 1 st Consent Agenda, if the rest of the Council agrees with it. And with that I would move that we approve the revised agenda. Donnell: Second. De Weerd: Thank you. The motion is to approve the Consent Agenda as revised. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: F. Consent Agenda: A. Tabled from February 15, 2005: Amendment for Professional Seryices Agreement with Diane Kushlan: B. Approve Minutes of January 25, 2005 Pre-Council Meeting: C. Approve Minutes of January 25, 2005 City Council Regular Meeting: D. Approve Minutes of February 1, 2005 City Council Regular Meeting: E. License Aareement with Namca & Meridian Irriaation District for Bear Creek No.8: Water Main Easement for Cherry Crossina No.2 bv Boise Surclus 2002. LLC: De Weerd: Item No.5 is the Consent Agenda. Bird: Madam Mayor? Meridian City Council February 22, 2005 Page30f19 De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda, with the exception of Item G, which we tabled until March 1 st, 2005, and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: The motion is to approve the Consent Agenda, with. the removal of tabled Item G to March 1 st. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Fire Department - Bill Johnson 1. RFP for Paramedic Position Advisor: De Weerd: Okay. Item 6, Department Reports. Deputy Chief Johnson. Johnson: Yeah. Madam Mayor, Members of the Council, after months of working on it, we finally got the request for funds proposal prepared for going out to -- for a physician advisor for our paramedic program. In talking with Attomey Nary, he said that to go ahead and post it and just give you guys a quick briefing that we were putting that out and we will be getting those back by the 1st of April, so we can review them and come up with a funding idea. De Weerd: Okay. I guess I would have a question on - last fall we met with the Ada County commission and discussed a countywide medical board and training program. How would this work in relationship with that? And we would still need someone that would be our own oversight, but how would it work with the countywide effort? Johnson: That would be a joint effort, like we continue and hope to do with our paramedic program is -- it's integrated as one, but having our standing orders there to wor~ with. The Ada County program right now -- I'm not sure where they are at in the process. They have just formed a committee, so I -- you know, we need to get something, so that we can work our licensure. But we would plan on still being a team effort, just like it is now with the shared house at Station Two and developing our program and relationship even further. De Weerd: Thank you. Any questions,Council? Bird: I have none. Meridian City Council February 22. 2005 Page 4 of 19 De Weerd: Okay. Thank you. Johnson: Thank you. Item 7: (Items Moved from Consent Agenda) De Weerd: There were no items moved to Item 7. Item 8: Tabled from February 15, 2005: RP 05-001 Request for a Reduction in Platting Requirements to divide one 1.71 +/- acre un-platted parcel into two parcels for EP Crossinas, LLC by EP Crossings, LLC - northeast corner of East Fairview Avenue and Venture Street: De Weerd: So, I will go ahead and move on to Item 8, which was tabled from February 15th on RP 05-001. Start with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This is a request for a -- essentially, a lot split on a property that the Council approved with a CUP last year. This is on the east side of Venture Street on the north side of Fairview Avenue. This is on the very edge of our area of city impact. If you may a call, it was a Mountain West Bank and what they are proposing to do at this point in time is this dashed line here in the middle is there new proposed boundary and they are -- the staff knows is still moving ahead on the bank plan, the Conditional Use Permit that was approved on what is shown here as parcel A. Parcel B would remain undeveloped. I think you have seen a few of these before. Since this is not in a recorded subdivision, the new procedure requires the applicant to come to the Council on un-platted land to receive approval for these splits. So, I guess the only thing I would point out is that we are proposing as a condition that they make all of the improvements, in particular the landscape buffers on Fairview and Venture - all of the required improvements that were with the Conditional Use Permit be made on the full -- both Parcel A and Parcel B. I think other than that it's, a pretty standard, simple staff report that's in front of you and unless you have any questions, we are recommending approval of it. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Donnell: None. De Weerd: Okay. Does the applicant have anything to add? If you will, please, state your name and address. Simons: Madam Mayor, Members of the Council, I'm Andy Simons with EP Crossings, LLC, P.O. Box 15407, Boise. We have read the staff report and agree with all the comments, so we are fine with it. I will answer any questions otherwise. Meridian City Council February 22, 2005 Page5of19 De Weerd: Okay. Council? I don't believe there is any questions, but thank you. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RP 05-001, EP Crossings, LLC, and to incorporate staff's comments. Wardle: Second. De Weerd: Okay. The motion is to approve Item No.8. discussion, Mr. Berg, will you call roll. If there is no further Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 05-006 Request for Final Plat approval of 35 building lots and 8 other lots on 9.19 acres in a R-4 zone for Silverleaf Subdivision No.1 by Liberty Development, LLC - 2683 West Chinden Boulevard: Item 10: FP 05-007 Request for Final Plat approval of 55 building lots and 5 other lots on 16.66 acres in a R-4 zone for Silverleaf Subdivision No.2 by Liberty Development, LLC - 2683 West Chinden Boulevard: De Weerd: Thank you. Item 9 is FP 05-006. We will start with staff comments. Hawkins-Clark: Madam Mayor, would it be okay if I made comments on both Item No.9 and No. 10? De Weerd: You bet. Hawkins-Clark: And I think the City Attorney has agreed that if the Council is okay with that, you could actually make a motion on both of these, as the same subdivision, just different phases, so -- the Silverleaf Subdivision -- this is just on North Ten Mile Road, south of Chinden -- between Chinden, McMillan -- this is on the east side and this was their approved preliminary plat. They have this five acre parcel that they have their entry road shown as this is phase one and they would, obviously, need the parcel to the east, which is not part of an approved subdivision at this point, to continue that roadway. However, they do have -- their property is contiguous and the -- basically, this collector road here kind of designates where the next phase is. Basically, everything on the south side here. It does not include the future school site or the stuff that's fronting Chinden. So, there is -- phase one and two are both, basically, on the south end of their Meridian City Council February 22, 2005 Page 6 of 19 project. Staff has reviewed it, the -- since the phases do touch each other, even though there is not a connection, we still recommend approval. Phase two gets connection through Lochsa Falls Subdivision and we have our recommended conditions in front of you tonight. We recommend approval of both Item No.9 and No. 10. De Weerd: Okay. Council, any questions for staff? Bird: I certainly have none. De Weerd: Does the applicant agree with all conditions? Okay. Yes. Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that, I move that we approve Item No.9 and 10, FP 05-006, and FP 05- 007, final plat for Silverleaf Subdivisions No.1 and No.2. Donnell: Second. De Weerd: Okay. The motion is to approve Items 9 and 10, with staff comments. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Item 12: Item 13: FP 05-010 Request for Final Plat approval of 91 single-family residential building lots and 5 common area lots on 29.36 acres for Messina Hills Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: FP 05-009 Request for Final Plat approval of 42 single-family residential building lots and 10 common area lots on 18.88 acres for Tuscanv Lakes Subdivision No.2 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: FP 05-008 Request for Final Plat approval of 30 single-family residential building lots and 3 common area lots on 12.61 acres for Tuscanv Lakes Subdivision No.3 by Tuscany Development - east of South Locust Grove Road and south of East Victory Road: De Weerd: Thank you. Item 11 is on FP 05-010. We will start with staff comments. Meridian City Councii February 22, 2005 Page70f19 Hawkins-Clark: Madam Mayor, is it possible on these to do these together or -- I guess -- De Weerd: Are 11,12, and 13 related? Hawkins-Clark: Well, they all are the same applicant. They were all approved under the same preliminary plat, but as you can see, they do have two different subdivision names. Hawkins-Clark: I would certainly -- if Council does not find a problem with it, we will discuss Items 11, 12, and 13. Donnell: Fine. Bird: They are all by Tuscany Development, so -- De Weerd: That's correct. Bird: I have no problem with it, Mayor. De Weerd: Okay. Hawkins-Clark: Okay. Thank you. Item No. 11 is the Messina Hills Subdivision No.3 and this is 91 building lots that is located generally in the center of what came through as Tuscany Lakes, which stretched the full mile from Locust Grove to Eagle Road. The Ridenbaugh Canal touches a portion of his phase, as did the Eight Mile Lateral. The one point that I would point out, I think it affects all three of these applications and it relates to the proposed ponds that are included in the common lots, which are in these phases. Tuscany Lakes No.2 and it's -- just to familiarize you with it again, where these phases are at. This was Messina Hills No.3 here. Tuscany Lakes No.2 at the north end of the development. And, then, Tuscany Lakes No.3 is just south of Tuscany Lakes No.2. So, essentially, we are talking about this area that's bound by the Ten Mile and the Eight Mile and the Ridenbaugh. And if you recall, there was, actually, an amended preliminary plat that came through just a couple of month ago, that proposed to take a couple of the common area lots and convert those to building lots and they have added some -- add to their existing open space. This large area here, this lot is proposed to have enter-connected ponds and the proposal tonight, I think we are asking Kent Brown, the applicant, to propose to the Council how -- in terms of the depth of the water level and the gradient as you enter the edge of the pond, so the special consideration that you may have seen in Sonya Allen and Bruce Freckleton's staff report that noted just a concern about the -- the quick drop off out to the two-to-one slope under the water and the ponds do go to, I think, approximately 15 feet in depth. So, we haven't seen a lot of these -- it is basically an approved amenity, it does not retain storm water. It's not for that purpose. It is strictly an amenity to their projects and that was the main concern in terms of the gradient that once you hit under the permanent water level -- and these are permanent water level ponds, so how that would Meridian City Councii February 22,2005 Page8of19 be constructed. So, we are asking that the applicant state how they intend to address that. Our ordinance does not address these kind of ponds and safety issues related to them and we'd just recommend that you add a condition that states that the applicant will construct them per the standards that they give to you tonight, I mean if you're comfortable with those. There has been one example, I think the Public Works found that it was approximately six feet at a four-to-one slope before you start getting into the steeper two-to-one slopes. Ten feet has been bantered around, but, again, there is no ordinance for the City of Meridian that addresses these. So, other than that concern, staff is recommending approval of all three of these final plats. De Weerd: Brad, on the example that you found, is it built and has there been any issues? Hawkins-Clark: That's the pond in Settler's Park. De Weerd: It is built and to my knowledge there is no issues. I'm so glad I asked. Well, Mr. Brown, please, state your name and address. Brown: Okay. For the record, Kent Brown. Business address 1800 West Overland, Boise, Idaho. De Weerd: Thank you. Brown: Brad, if you could go back to an overall -- the ponds in question -- and I'm handicapped, because I'm left handed. But we have ponds located here. This is the Eight Mile Lateral right here. The ponds start here and are fed with water that we generate and, then, they will have a pipe that goes from here into this pond and, then, this pond flows and, then, stops short of the street and, then, water will go in a pipe into this pond and the water will come up, come over and into the Ten Mile. These were ponds that we initially talked about in our approval and we have been talking about them all along in the project. What staff stated as a special concern is in all three phases and that's why I asked that we maybe look at these as they have the same issue, because Hills Three, Lakes Two, and Lakes Three have -- all have ponds and so it's a special concern in all three of them. As we designed them, we looked at other ponds and other similar locations. There isn't really a hard and fast rule, but what we looked at is it will come in a certain distance with a four-to-one slope and, then, go to a two-to-one slope and that the ponds will stay a little cleaner and with this water moving through there and it's got some depth, it's actually going to stay cleaner. So, we want to not have as -- we want them to be safe. We picked four feet, with four-to-one slope. The Settler's is six feet and as Brad was talking about, they had been bantering around ten feet and, basically, what we looked at is if someone fell in that first let's say eight feet, the deepest water would be three-to-one slope. Or three feet deep. Excuse me. And that would be pretty acceptable. The first four feet they are only one foot deep. So, it's going from basically inches to one foot deep four feet in and, basically, we are looking at toddlers. The applicant is planning on putting signs. He doesn't want anybody in the ponds at all. It's not our intent that they are swimming holes or anything Meridian City Council February 22, 2005 Page90f19 like that. And there are a few new City Councilmen, but when we did this design initially, the Ten Mile is called out as a greenbelt and so there is a greenbelt on the west side that runs along these lots here. On the east side we have our own internal pathway that's there and, then, by coming into this open space, coming around and, then, going on the upper side here with a pathway, crossing the road, and, then, up and around the backside, there is a means to connect back into there, so you have a loop that you can walk in internally in case, in my opinion, the Ten Mile really never gets completed, it's really working internally for the subdivision. There is an owner here that has two acres and has a good section of it. We have constructed the Ten Mile path beyond there. Nampa-Meridian has a huge structure. They pull water out of the Ridenbaugh Canal and feed the Ten Mile with water or else it would dry up. To the south you will have some projects in the future that will take you down to Amity Road very quickly, with just a couple projects. And so we can see some connectivity, but see this as being difficult in seeing this and that's why we had this internal pathway. So, we expect people to use those and be walking around there, but we weren't intending on fencing them, we were intending on putting signs up and, then, in our judgment we picked four feet for it to be one foot deep for that section. Settler's Park has six feet and I guess we can kind of leave it at that. And you guys can discuss it -- we can discuss it if you would like. The other issue that I have is there is a lot right here. This isn't the same configuration that we have today, but we have a common area lot and we have proposed a clubhouse in that location in Hills Three and condition number five says -- site specific condition number five says that you cannot do any building permits prior to the recording of the final plat and that the fences have to be in, the street surfaces need to be approved by ACHD and so forth. We are making the request that you modify condition five to state residential lots and that you would allow us to build that clubhouse in the process. Earlier today I spoke with Deputy Chief Silva and said, basically, this is what we are looking at, is that we would like to put in the noncombustible improvements, concrete, asphalt, until a point where we can meet the fire department's requirements for fire, being water -- acceptable water for them to fight a fire and acceptable access. Hard weather surface. And, then, at that point we would do that. So, what we were looking at is the Briggs Engineering, he would submit to the planning department a ZC for the construction of that common area, which is a pool and clubhouse, a little parking lot, get that approved through Planning and Zoning and submit for a building permit, as we were putting in the street improvement project, the portion of that, so that when we started building lots we have something that's done to market out of. Hopefully, you will look upon that favorably, because we have got other preliminary plats and it just makes sense for us to do that and we would be back asking, hopefully, you know, for you to let us do that in some of our other future projects. The development community, for whatever reason, says that these clubhouses and pools are beneficial, they want to market out of them, and that's exactly what we will be doing. Just to bring you up to date, we have a bridge constructed here and a bridge constructed here and a bridge constructed here. If you weren't afraid to get your car a little bit dirty, you can drive all the way through from one end to the other in there today. We have talked to our clients, when we were originally approved, the fire department had concern that these were basically islands out here with only one means in. So, what we are trying to accomplish is by submitting all three of these we are going to Meridian City Council February 22, 2005 Page100f19 construct this one and this at the same time. Hills Three and Lakes Two, basically, are just going to go side by side through the process and try to be recorded in two or three months. And that's our intent. So, I stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Kent, when -- when I think of other subdivisions that have water running through them and have ponds, I haven't seen that that's really been any kind of issue in terms of them becoming swimming holes, but they do. Ten Mile Creek in Meridian Greens, where I used to live, the kids would float down that, because it proceeds pretty rapidly, but it is also very shallow. So, I'm assuming that -- I guess I don't understand what kind of liability a developer would have for those kinds of waterways or open areas of ponds and perhaps, Mr. Nary, you could comment on that or perhaps you don't know either as well, if there is liability to the developer or to the association. Certainly not to the city if we approve them. Brown: That's correct. Nary: Madam Mayor, Members of the Council, these are private amenities on private property. They are -- there is no charge for access to them, so there is no liability to the city for those open ponds being there. The homeowners association are the owners of them and if I was a member of that association, I would want to make sure they had insurance in case of liability questions, but I mean they can post the property and it doesn't mean some lawyer wouldn't find some way to sue them if someone were to get injured, but as for the city's liability -- or their personal liability for the homeowners association, they could probably cover that through insurance. Donnell: Thank you. De Weerd: Thank you. Any other questions? Donnell: Madam Mayor? De Weerd: Yes. Donnell: Just a comment. I think it looks like a very nice development. I mean I think those are wonderful amenities. I think that's very attractive for people living there. So, I hope you didn't misunderstand my concern about them becoming swimming holes. Meridian City Council February 22, 2006 Page 11 of19 Brown: My personal opinion is that even though these clubhouses are very nice, my brother-in-law happened to live in Columbia Village and there is a couple of clubhouses there. They -- when they are paying their dues, their key opens the door and they can go in and swim and so forth and I don't think that he uses that amenity that much. The one that I think that is the most beneficial is the pathway. From my experience of the past in being a planner for the city of Boise, what I physically saw was that people walked of all ages and that a mixture of sidewalk and pathway together really -- basically what people want is you come to a certain point and if you have -- let's say at this open space right here a map and it says that that's a half mile, they either do that or they go to see Mr. Wardle and do it on the machine in his -- I mean they just -- they want to know about how far they are walking and so that helps them and they will do it on the sidewalk if they have to. These streets are tree lined and I think that they can still do that and be just fine, but if they want to walk around the pond and ducks and geese or whatever that might be there or habitat there, we are proposing some landscaping there to make those a nice amenity. Donnell: So, Madam Mayor, follow up? De Weerd: Uh-huh. Donnell: So, could I ask Chief Bower to comment on the idea of having them proceed with the clubhouse until the water is available, if I understood what you were telling us. Noncombustible materials. Bowers: Madam Mayor, City Council Members, we do allow that in commercial buildings, basically. We allow them to pour the footings, foundations, concrete before their -- before they bring on any wood or anything like that. We do allow that. Donnell: Okay. Thank you. Bowers: Thank you. De Weerd: Thank you. Okay. Any other questions, Council? Staff, do you have any questions for the applicant? Hawkins-Clark: Yes, I do, Madam Mayor, if I could ask one other thing I think that was missed in the staff report. There is one lot that is below 8,000 square feel. It's only 80 feet below, but they, technically, will have to meet the 8,000 and there is plenty of room to shift it around. Brown: Which one? Hawkins-Clark: But it's in Messina Hills Subdivision No.3. It's Lot 7, Block 11. And so if -- the Conditional Use Permit that they got allowed for reduced frontages, but did not allow for the reduced lot sizes, so -- both lots on either side are over 8,000, but if you wouldn't mind just adding that they do need to have all lots meet the minimum 8,000. Meridian City Councii February 22,2005 Page 12of19 De Weerd: Okay. Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would like to make a motion that we approve FP 05-010, Item 11, and Item 12, FP 05-009, No. 13, FP 05-008, that's Messina Hills Subdivision No.3, Tuscany Lakes Subdivision No.2, Tuscany Lakes Subdivision No.3, incorporating all staff comments and agreements to follow those conditions in site specific requirements. Wardle: Second. De Weerd: Okay. I have a motion to approve 11, 12, and 13. Would that also allow the opportunity to build the clubhouse prior to -- Donnell: It would. I assumed -- Madam Mayor, my motion did include that approval based on our staff's approval as well. De Weerd: Okay. And it also -- Wardle: Madam Mayor? De Weerd: Yes. Wardle: If I could just add for clarification from the second. Did the maker of the motion intend to specifically address all the comments from Briggs Engineering in the letter dated February 22nd, 2005? Donnell: That's just a wonderful clarification, Councilman Wardle. I'm so glad you're there. Wardle: Thank you. Second agrees. De Weerd: And that letter is what detailed the ponds? Wardle: Yes. De Weerd: Okay. The motion is to approve 11, 12, and 13. If there is no further discussion or clarification needed, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 22, 2005 Page 130f19 Item 14: Public Hearing: PP 04-044 Request for Preliminary Plat approval of 6 office lots on 4.65 acres in an R-8 zone for Verona Subdivision No.3 by Primeland Development, LLP - NEC of North Ten Mile Road and West Milano Drive: De Weerd: Thank you. Okay. Item 14 is a Public Hearing on PP 04-044. We no longer require swearing in, but we do have a little notation down there that although the city no longer swears in, we do assume or expect that testimony be truthful and honest to the best of the ability of the presenter. You like the little footnote, counsel? Donnell: Are you going to do that every meeting, Madam Mayor? De Weerd: No. I just thought it was kind of fun. I guess -- the only thing I would suggest is maybe a little asterisk by the public hearings that that would send their eye down to that little statement. Nary: We can add that to next week's agenda, Madam Mayor. De Weerd: Okay. But thank you. I appreciate the additions to the agenda. Okay. We will open Item 14 with staff comments. Hawkins-Clark: Thank you. Madam Mayor, Members of the Council, this is a request for a preliminary plat, six lots. The land has already been annexed and zoned as part of Verona Subdivision. This is -- would be a third phase. It's located on North Ten Mile Road. The other property you just saw tonight, Silverleaf, is just to the north here. As you can see, a couple of phases have already been platted in Verona and this phase was shown on there. The approved preliminary plat and their planned development application to be office lots, so just so you're aware, as far as the R-8 zone, it is part of the 20 percent use exception in the residential zone. So, what they are proposing to do is as you come in off of their main entry road into Verona Subdivision, they are proposing to create six office lots and there would be access from the main entry and from this new local street here on the east side. Internal cross-access amongst the lots. They would make improvements to Ten Mile Road in terms of the buffer there. The Planning and Zoning Commission did hear this item at their January 20th meeting and Becky McKay testified in favor of it. There was no other public testimony and the Commission had all ayes for their recommendation. The preliminary plat dated September 3rd, 2004. And I think the only condition that I wanted to point out is the site specific condition number one, which says prior to occupancy of the first structure the applicant shall rezone the property to L-O and we have been encouraging this as we -- this is a little bit of a change for our department. Rather than having these office lots be residentially zoned, even though the planned development ordinance allows it, I think for the assessor and/or real estate agents and futures users, it helps to have the underlying zone match the use. So, prior to the first occupancy of one of these six lots we'd ask them to come back to rezone the property. So, I think that's all staff has. De Weerd: Okay. Any questions for staff? Meridian City Council February 22, 2005 Page 14 of 19 Bird: I have none. Donnell: None. De Weerd: Okay. Would the applicant like to comment? McKay: I'm getting old. I can't see the board anymore without glasses. Becky McKay. Engineering Solutions, 150 East Aikens, Suite B, Eagle. Just want to state for the record this was previously approved as three lots, a little over an acre each. We were finding once we started that platting process on our phase two that we were getting interest from some dentists, doctors, and so forth and a little over an acre is too large for what they need and they are looking for about a half acre or .7 and so we decided to run this preliminary plat through to re-subdivide the three previously platted lots into six. We did install all the services when we were constructing the streets, so all the services are already in, so we don't have to cut any streets or tear anything out, any improvements that were already previously installed. De Weerd: Is one of them yours? McKay: I'm still working out there on Pine. I'm this close. De Weerd: Council, any questions? Donnell: No. Bird: I have none. Other than you have no problem with the site number one, item one? McKay: No, sir. And we already submitted our request for rezone, to just clear that up and make it a little easier for your staff. Bird: Thank you. McKay: Thank you. De Weerd: Thank you. Okay. Is there any further public testimony on this item? Okay. Council? Wardle: Madam Mayor, hearing none, I move that we close the Public Hearing. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing. All those in favor say aye. All ayes. Motion carries? Meridian City Council February 22, 2005 Page 150f19 MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 14, PP 04-044, preliminary plat for Verona Subdivision and to include all staff and applicant comments. Bird: Second. De Weerd: Okay. The motion is to approve Item 14. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Council, I'm sorry, I failed to ask if we could add an item before the Executive Session and that would be from Brad to update us on the Brownfield Study, the EPA and the DEQ. Would you have an objection to that? Bird: I certainly wouldn't. Donnell: No. That's just fine. Bird: We will make it 15 and the Executive Session 16. De Weerd: Okay. Wardle: Second. De Weerd: Thank you. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Brad Hawkins-Clark: Update. DeWeerd: I like how those motions go. Okay. I appreciate your willingness to do that. We had Mr. Hawkins-Clark on earlier this month and kind of got lost in the shuffle. We have Clair Bowman with us also here tonight. Thank you, Clair, for coming. Hawkins-Clark: Now that I get this up there, I'm thinking maybe it's not going to do you much good. I don't think you can see it. I can make copies for you on this. Let's see. Maybe I can zoom in. Here we go. There we go. The work that Meridian -- that our department has done on this, the first couple items there, I just wanted to show you, basically, private party studies have been done on the creamery site. And, again, this Meridian City Council February 22, 2005 Page 160f19 does include both parcels. There are, actually, two tax parcels at the creamery site with the four buildings that are split by the alley and all of these studies do, actually, incorporate both of those parcels. But in 1993 there was three underground storage tanks that were removed as part of Ada County Highway District's railroad crossing project on Meridian Road. When they worked on that they built that new crossing and made the taper there and at that point in time they discovered three underground storage tanks that had petroleum and they were removed as part of that project in 1993. Those were all just west of the boiler house at the time. The boiler house is that -- the southern most building there closest to Meridian Road. And CH2M Hill was the contractor on thaI. There was some question at the time as to whether some groundwater and/or soil contamination may have occurred and so they did make a recommendation that further down the road that be done. So, in 2000 there was a phase one site assessment that was done that showed a history of petroleum handling that pointed out there that the Fletcher Oil, I believe it was called, that operated there for probably 30 years, identified some of the specifics on the property. They showed there was a potential of leaking and spills and soil contaminants and, basically, they -- it was a pretty thorough study that, again, was done privately by MTI, Materials Testing, and, then, in 2002 the -- there was limited phase two and, again, these are environmental type studies. That investigation looked at both the soils and asbestos on the property. There was -- no soil material showed petroleum hydrocarbons, if that's -- under that that exceeded 1.5 parts per million. And, again, I'm not claiming to be the geologist or the surveyor or anything else on this, I'm just pointing out what these are. We have very detailed studies. These are technical reports that if the Council wants, maybe we would, you know, bring some of these people in that did the studies, but these are just the summaries of their studies that they actually gave to us. Then, the public agency study is the second item -- header there. In 2003 we submitted an application to EPA for a targeted Brownfield assessment, they call it, and this Brownfield is a project that EPA has that, frankly, is more of an economic development tool than it is an environmental tool, because it is geared towards industrialized usually former areas that are either contaminated or perceived to be contaminated and they do provide quite a bit of assistance. This was, actually, a program that President Bush, when he first came on, put in quite a bit more money and there has been a lot of activity in the last several years on this Brownfield project. Or the federal Brownfield program. So, anyway, this is a small subset of what EPA has to offer. Western Solutions was EPA's subcontractor. At this point in time we only have a draft report from them. What that draft report did -- they analyzed asbestos materials, lead-based paint, all the drums and the containers that were on the property, the floor drains inside the building, which up until this point most of the work did not deal with internal to the buildings. They also looked a little bit at the ground water and some surface sediment. We did receive a summary of those findings, which copies of -- have been made for you, to kind of give you an idea of what that -- what that found. But most of their concerns, frankly, were tied to what -- the question was what were the results of anything of any remaining' contaminants from these underground storage tanks and DEQ, then, came into the picture just early last year and, basically, chipped in another 50 or 60 grand and completed some of the work that Western Solutions could not finish. They focused on the groundwater and the hazardous materials in their study. We do have a final report from Maxim Technology, Meridian City Council February 22.2005 Page 17of19 who was DEQ's subcontractor on that, and they did soil borings and they put in four monitoring wells on the site and I was going to show you where those wells were. So, again, this is the Donald Shell site right here and they did -- or, actually, just to the east of that. This is the city's parking lot, actually, and so there is a site here and a site here and, then, down near the garage/pump station or pump facility, this is that on the south end, that's -- there is a -- they dug a well there and, then, there is another one out close to Meridian Road over here. So, those are the four monitoring wells that they put on the site. Again, this is the boiler building. And, in summary, what they -- what they have found -- their main concerns relate to the ditch, actually, which runs on the south side of the property and what they -- the DOC -- the compounds in the surface soil and the ditch did exceed what they call the initial default target levels, which are technical standards that they set for all kinds of contaminants and their recommendation is public access to these soils be prevented in the future. Where they come from is the question. They could easily come from off site and probably do, actually. Even though there is some history at the creamery of some use of this ditch for dumping waste into. But it's very doubtful that the contaminants that are there today are a result of the activities that happened on that property. So, needless to say, since this was a point of the scope, their recommendation is to deal with that with any future development and just, basically, limit any access at all, which, of course, the city ordinance requires them to pipe ditches anyway. Subsurface soil impacts, arsenic levels were found in some soil samples that they took. There was a question raised as to all of these naturally occurring standards that were just in the soils anyway, some metals. Apparently, that's not uncommon for this part of downtown to have some higher levels that exceed the state's maximum threshold. That being said, their recommendation on that is to -- as long as these are capped over or, you know, a capped surface or some other limitation to the soils is done, that they believe that that would probably take care of any potential threats to users of the site in the future. As you can tell, there is really not a flaming arrow that is coming out of this study. Generally, they found while -- you know, while there probably was asbestos issues, those are things that need to be cleaned up and our fire department often has to deal with asbestos cleans when they do their fire burns and whatnot and we do have experience with that. There was not a detailed lead paint study done. Some samples were taken, but it's a large facility and who is to say for sure, but most of the time those can be pretty easily and pretty cheaply addressed in terms of dealing with the lead paint. So, what we have, then, are these two studies from EPA and DEQ. EPA, as I said, we don't expect, really, any changes, even though we don't have a final report from them. The maximum -- when they went onto the site they actually did recycle about 300 gallons of petroleum chemical related substances that were on the site. They did take care of those. There remains, of course, a number of issues that would probably need to be addressed in terms of standard cleanup of sites with some of the auto uses that have been there for years and years and years. But coming out from the professional geologist standpoint, the main issues that are typically looked at from a contaminant standpoint under these Brownfield studies, they are coming back and saying that the main things was the ditch and some soils that need to be -- that need to be looked at and addressed by any future user of the site, so -- and, like I say, I will make a copy of this and the -- a little bit more detail in the findings of the EPA study. I can try to answer any questions you have. Meridian City Council February 22. 2005 Page 190f20 De Weerd: It's been moved and seconded to adjourn into Executive Session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Donnell: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: We want to remind you of the workshop on Friday and I gave you some homework to prepare yourself with and I did also photocopy a letter from Ada County on our area of impact request and we will have a report for you next week. Donnell: Madame Mayor. De Weerd: Ms. Donnell. Donnell: I make the motion that we adjourn. Wardle: Second. Bird: Before we do that, you have got to make a statement that no decisions were made. Nary: The law presumes that you didn't violate it by going into Executive Session. Bird: Okay, I didn't want to get into trouble. De Weerd: All those in favor of adjournment say aye. ALL AYES. MOTION CARRIED. Meridian City Council February 22, 2005 Page 20 of 20 MEETING ADJOURNED AT 8:37 P.M. (TAPE ON FILE OF THESE PROCEEDINGS)