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HomeMy WebLinkAbout2005 04-19 Meridian City Council Meeting ADri119. 2005. The regular meeting of the Meridian City Council was called to order at 7:15 P.M., Tuesday, April 19, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Chartie Rountree. Others Present: Ted Baird, Will Berg, Brad Hawkins-Clark, Brad Watson, John Overton, Rick Clinton, and Dean Willis. Item 1: Roll-call Attendance: Rollcall. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird J...... Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, April 19th. It is 15 minutes after 7:00 o'clock and I'd like to welcome you all here tonight. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and since I haven't picked on this person before, I will ask our Statesman reporter to, please, come forward and lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Will Berg. De Weerd: Okay. Thank you. Is Pastor Slyter here with us tonight? I don't see him in the audience. I will ask our city clerk to, please, lead us in our community invocation. If you will, please, all join us or take this opportunity for a moment of silence. Berg: Thank you. Shall we all pray? Heavenly Father, we want to thank you tonight for the many blessings that you have given us, the many things that you have shown in this community, the outreach that you have given, the volunteers, the neighbors, and the whole community spirit. We are so blessed with your graciousness and we want to thank you for this community, the visions and missions that the people of this community have, let's bring forth and have a future for our children, in your name, amen. Item 4: Adoption of the Agenda: Meridian City Council April 19.2005 Page 2 of 77 De Weerd: Mr. Berg, you're a wonderful fill in. Thank you so much. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. We do have some changes to our revised revised agenda. On the Consent Agenda, Items H, I, and J needs to be pulled until 4/26/05, which we will also repeat that when we do the Consent. Under department reports we forgot to put down the most important one, we have got a 6-B and that's the Mayor to report on the Farmers and Merchants old property. De Weerd: Thank you. Bird: And our ordinance numbers, Item No. 20 is 05-1143. Twenty-one is 05-1144. And 22 is 05-1145. And with that I move we approve the revised revised agenda. Rountree: Second. Second. De Weerd: Thank you. If there is no further discussion, all those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: A. C. D. E. Consent Agenda: Approve Minutes of March 29, 2005 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 05-005 Request for a Conditional Use Permit for a mixed use three story building consisting of retail, office and residential uses in the O-T zone for Dave Buich by Dave Buich - 641 North Main Street: Findings of Fact and Conclusions of Law for Approval: VAR 05-003 Request for a Variance for a reduction in parking requirements for a proposed three-story mixed-use project for Dave Buich by Dave Buich - 641 North Main Street: Findings of Fact and Conclusions of Law for Approval: AZ 05- 001 Request for an Annexation and Zoning of 156.49 acres to R-8 & L-O zones for Bainbridae Subdivision by Brighton Properties, LLC - SWC of Chinden Boulevard and North Ten Mile Road: Findings of Fact and Conclusions of Law for Approval: PP 05- 002 Request for Preliminary Plat approval of 429 building lots and Meridian City Council April 19,2005 Page 3 of 77 M. N. o. P. 35 common lots on 155.44 acres in proposed R-8 and L-O zones for Bainbridae Subdivision by Brighton Properties, LLC - SWC of Chinden Boulevard and North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-002 Request for a Conditional Use Permit for a Planned Development consisting of 428 residential building lots, one church lot and 35 common lots located in a "mixed-use neighborhood center" designation. on the Comprehensive Plan for Bainbridae Subdivision by Brighton Properties, LLC - SWC of Chinden Boulevard and North Ten Mile Road: G. Findings of Fact and Conclusions of Law for Approval: VAR 05-006 Request for a Variance for a time extension to record the Final Plat for Setter Cover for Setter Cove Subdivision by MKH Development, Inc. - north of East Ustick Road and North Locust Grove Road: K. Development Agreement: AZ 03.025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: L. Water Main Easement for Park's Wests ide Bodv Works by Tim Wallace: Water Main Easement for Simmons Fine Jewelrv: Approve Beer. Wine. and Liauor License Renewals: Idaho Pizza Company - Beer & Wine Applebee's - Beer & Liquor Muggsy's - Beer & Liquor Chicago Connection - Beer & Wine Cherry Lane Recreation - Beer & Liquor Pizza Hut - Beer Limelight - Beer & Wine Kahootz Steak & Alehouse - Beer & Liquor Bill N Lynn's Place - Beer & Liquor Fred Meyer - Beer & Wine Round Table - Beer & Wine Texas Roadhouse - Beer & LIquor Aareement for Professional Services with The Land Group, Inc. for Communitv Plaza: License Aareement with Nampa & Meridian Irriaation District for Trailwav Park Subdivision (Jackson Drain): Meridian City Council April 19,2005 Page 4 of 77 Q. License Aareement with Nampa & Meridian Irriaation District for Silhouette Subdivision (Onweiler Lateral): R. License Aareement with Nampa & Meridian Irriaation District for Castlebrook Subdivision (Ten Mile Drain): De Weerd: Consent Agenda, Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird, Bird: I repeat again that Items H, I, and J on the Consent Agenda need to be pulled until 4/26/05, because we have to wait for a resolution to come forward before we pass on that. And with that I move we approve that Consent Agenda for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of H, I, and J. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works - Rick Clinton 1. Back Flow Inspection Program De Weerd: Thank you. Okay. Item No.6. We have our Public Works, oUr Water Department Superintendent Rick Clinton. Clinton: Madam Mayor, Members of the Council, I appreciate an opportunity to speak briefly with you tonight. I had issued a memo last week pertaining to an innovative spin to an idea that we presented to Council in the budgeting process on backflow prevention improvements and I guess at this point in time I'd just like to summarize that previously we had proposed that we would contract -- we would actually contract with the testers to do the backflow prevention testing for the customers and this idea I think is kind of an innovative partnership where we would propose to reimburse customers for a portion of the costs of those tests, but we wouldn't actually get involved with contracting to do the testing. We are able to do this within the guidelines of the budget Meridian City Councii April 19,2005 Page 5 of 77 currently in fiscal year FY05 and I guess I'm -- I'll just kind of open it up to questions, if you have any. I don't want to waste more of your time this evening than is necessary. De Weerd: Okay. Thank you, Rick. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I need a -- you're going to -- for our tests on our backflows you're going to reimburse us? Clinton: That's the proposal, that if you do a test and you submit an invoice to the water department, we would reimburse for a portion of that test, including parts to repair the device, but with a maximum ceiling on a residential three-quarter inch of 50 dollars. Bird Okay. Thank you. De Weerd: Mr. Wardle. Wardle: Madam Mayor. Rick, just a couple questions? One of them being -- and I have had this question from some neighbors. If I paid -- if they had paid for their test this year, where is the cutoff date for them to get reimbursed? And, then, a follow-up question to that is is there a way that we can streamline the reimbursement project, either through the web or a standard form? Clinton: I'll address the second question first, I guess. I would think that there probably should be a way that we could do that. I have discussed briefly with the finance department how they would like to have those reimbursements. One idea was to apply it as a credit. At this point in time Stacy Kilchenmann would prefer not to do that and had indicated that they would rather just issue checks. And would you ask your first question again for me? Wardle: When would the reimbursement begin? At what point in -- would it be all of fiscal year '05 that -- if any water user in Meridian had paid for the test -- I guess where is the cutoff date for people to receive reimbursement? Clinton: That would be my suggestion is anything after October 1, if there is an invoice for it, that they would submit that. We would only be able to reimburse one time annually, but that's all that the testing is required. The other thing that I guess I should clarify is -- as I kind of alluded to, there are two types of back flow prevention devices. One is a primary device that protects the municipal water system. The second one is a secondary device that may protect an internal building's plumbing from a contamination source inside the building. DEQ only requires us to protect the municipal water system. So, those are the only devices at this time that I would support that we reimburse on, because we do not enforce the testing on those secondary devices at this time. Meridian City Council April 19,2005 Page 6 of 77 Wardle: Madam Mayor? De Weerd: Yes. Wardle: A follow-up question to that. So, we are talking specifically about -- in those instances about commercial buildings? Clinton: Correct. But there could be as many as three devices on a commercial building, one for a fire sprinkler line, one for the domestic service, and one for landscaping that we would reimburse for, because those have the potential to affect the water system. Wardle: Okay. Just for some clarity, I think that from the business community standpoint, especially multi-tenant buildings where tenants inside of a larger building may have a back flow device that they are required to test for, would assume -- from a tenant's perspective assume that they would be able to have that reimbursed, even though the landlord would have ultimate responsibility for the exterior testing? Clinton: I think that is correct. And I guess I would also like to clarify that there are some out there that are testing that aren't necessarily being required to test by the City of Meridian. It's a very good idea that they test them, they are not effective if they don't test them, but some of what you're referring to may be examples that they really aren't required by the City of Meridian. We give them an honorary notice when that test is due, we track that data, but we don't really require them beyond what DEQ requires. De Weerd: Any other questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think we need to explore the mechanism for reimbursement a little more. It seems to me that if we are establishing a group of providers, if you will, or contractors to provide the service, it would be more cost effective if they were to bill us one time for the services they provided, instead of us cutting a bunch of different checks that we wolJld have to have some kind of an audit trail on. Just -- there has got to be some efficiencies, as opposed to looking at this stuff on an individual residential basis. Clinton: Madam Mayor? De Weerd: Yes. Clinton: Councilman Rountree, I think the risk in that is that, you know, a normal homeowner could -- could acquire a 300-dollar invoice for one device if it were required to have repairs to it. In commercial, we -- I have been told it can be 4,000 dollars to Meridian City Councii April 19,2005 Page 7 of 77 repair a faulty back flow device. So, I think that's why we took this new approach to it, is that we are willing to kind of partner with the customer, but I think -- if I'm understanding what you're saying, we would be paying more than our -- okay. Rountree: No. What I'm saying is that the provider that we establish that can -- that would work in this program would bill us for the portion that the city is going to participate in. So, if it's a residential situation where there was flow tests and a repair and it exceeded the 50 dollar portion that the city was going to participate in, the city would get the bill from the provider of 50 dollars and the residence would get the bill for the balance. That way you would deal monthly with maybe four or five billing entities, as opposed to however many you're anticipating. I would guess in the hundreds. Clinton: Approximately 3,000 a year. Rountree: Yeah. Can we give that some thought? Clinton: Sure. De Weerd: Okay. Council, any further -- Bird: I have none, Mayor. De Weerd: -- information needed? You probably wanted direction tonight? Clinton: Well, I was in hopes to get something going on it, but I guess we will regroup and visit about this a little bit further. The other thing that I guess I want to kind of touch on is that where we are looking at less than 4,000 customers, our intent was that once we establish what we are going to do, we would like to notify them in the mail with our test due notices, rather than by mass mailing that may get customers that it doesn't affect, concerned, or have questions where they are not applicable. De Weerd: Rick, could you come back next week with an answer on the proposal to consolidate that billing with each of the inspectors and let us know if that would work and, then, we can -- we can ask Council to go ahead and make a recommendation? Clinton: Sure. De Weerd: Is that fair? Clinton: And I want to make sure that I understand what Councilman Rountree is saying. If -- we could use the example of back flow tester A is -- what you're referring to is that we would actually get an invoice from him, from that company, for those devices that they have tested? Rountree: Right. Meridian City Council April 19,2005 Page 8 of 77 Clinton: Okay. De Weerd: And the associated addresses. Clinton: Sure. The one thing that might challenge us a little is to still be able to demonstrate to that homeowner that we really did contribute to the cost of his test. But we will figure that out. De Weerd: Mr. Wardle, did you have a question? Wardle: No. Madam Mayor, I was just looking for direction on what to bring back. Certainly, I'm okay with the dollar amount and the program itself, but some of the questions that I just raised about even the commercial side are things that, from a business point of view, they will be asking the inspector anyway and so those people will be on the ground doing the inspections, as well as interacting with our water customers and so they would have an incentive to be able to make it clear to those people if they, indeed, were billing the city for our portion of it. Clinton: That's a good point. Yes. De Weerd: Okay. Thank you. Any further information you need from the Council? Clinton: I don't. Thank you. B. Mayor de Weerd - Farmers and Merchants Building. De Weerd: Okay. Thank you. Okay. Item B. I have some additional figures for the Farmers and Merchants building and since Mrs. Donnell was not a participant in last week's conversation, Farmers and Merchants has offered their building for our overflow. Other users of that building will be the Meridian Development Corporation, who would also be paying a portion of the cost, in addition to Avalon Consulting, who is the executive director of MDC. Utility costs will be 8,080 dollars a year, taxes 6,370, and the phone 1,080, for a total of 15,530 dollars, which equals 1,294 dollars a month and that would be shared -- that cost would be shared with the MDC and Avalon Consulting and I did not hear after MDC's meeting what -- if they put an amount on that, but they would be participants in the cost. There are some capital expenditures. For the phone system and installation it's 2,463 dollars. That would be reimbursed dollar for dollar on return, less the installation costs, and I don't have what the cost of installation is. The phone line installation costs 120 and so we could hook them up and assure that they are part of the network. That is a one-time cost of 2,000 dollars. That also would be re- used with the complete amount, re-used either in the new building or in possible fire sub stations. It can be used again. So, that's not a lost cost. The capital expenditures were 4,583 dollars. So, Farmers and Merchants does have plans, if the city would like to utilize that building, to put in some remodel costs of 21,000 dollars, because they feel that -- a commitment to making this work and they want to be a partner with the city. So, are there any questions on this? Meridian City Council Aprii 19, 2005 Page 9 of 77 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How many square feet is there in that building? De Weerd: There is 3,965 square feet. And the utility costs were high, because that was a fully -- that was a full building. They had it fully staffed. So, the utility costs could possibly, most likely, be less than that. Bird: We would do this on a sundown basis, year to year? De Weerd: Yes. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Since I wasn't here last week and you, obviously, talked about this, what would we do -- what would they do with the building if we didn't lease it? Will they tear it down? De Weerd: Yes. Donnell: But they are willing to contribute 21,000 dollars towards the capital improvements -- I shouldn't say improvements. The capital needs, since they pretty well gutted the building? De Weerd: It wasn't gutted. It, actually, is pretty intact. They would like to lay new carpet down and there were some lighting fixtures and I think just some hardware stuff. It's pretty non-apparent, but they would like to do some things, because it's -- they would like to be a partner. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And you have gone through the building, you have toured the building as to how it can meet the needs of the city? De Weerd: Yes. We -- I toured it with their executive director, the Meridian Development Corporation, and there have been some -- some -- or examples of why we co.uld utilize the building. If Council is in support of this, I would sit down with the department directors that reside in this building and bring back a usage report to you of Meridian City Councii April 19,2005 Page 10 of 77 how we would best utilize it. And those costs for the phone are for three lines, which will service six phones. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Donnell -- Donnell: Yes. Bird: -- we also last week started the change to the CUP, because they had so much -- only so much time until they had to take it down and we have to get that changed and we also said that we would absorb the costs of that to run to it through and, then, at that point we'd probably see what they want to -- or they want to -- when we get through with it they are going to want to tear it down or leave it up. If they are putting 21,000 in remodel, I think I got an idea what they are going to do. Donnell: I doubt they will. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just -- it appears to me that the decision before the Council is, one, whether we expend the extra -- the dollars that are not in the budget and I think something, maybe, that we are overlooking is when we approved the Conditional Use Permit, we approved it as an amenity to downtown, a plaza and a park, and certainly the city has an opportunity, but we have to weigh that against the project that we saw and approved as is currently constructed and only a portion of that remains and that is the plaza portion. So, I just didn't want to overlook that there are additional community costs to what we have already considered. De Weerd: Mr. Wardle, I appreciate that. I believe that they see it as a worthwhile investment, because it gives a physical presence to the Meridian Development Corporation as well, to help with the downtown redevelopment and I believe it's their impression that having that physical presence at this point is very critical to that redevelopment. They have taken off the back awning and the drive-thru area, creating a parking area, which is also going to house the Meridian Farmers Market that should start sometime next month. So, they are moving forward with the commitment to creating a community gathering place for activities like that and they are a primary sponsor of it. So, I guess it is -- it is a trade off and they remain committed to when they do demolish that building, putting in the amenity. So, I would ask for your direction on this. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council April 19,2005 Page 11 of 77 Donnell: Just one more question. De Weerd: Okay. Donnell: Since this would be overflow space for the city, does that mean that we would trade other leased space for this or would this be in addition to other leased space? De Weerd: Mrs. Donnell, it would be primarily staff that are housed at City Hall that are kind of living on top of each other and I guess Councilman Bird keeps -- you know, him being our most frugal member, you feels that he has found every efficiency by stacking desks, but we haven't figured out how to stack the chairs, so -- and he's still working on that concept. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: So, I could say something in -- I hate spending taxpayers dollars worse than anybody, but, Christine, I think that we are to a point now that we got a couple of departments that need more people. We don't know where to put them. We are absolutely -- I mean our survey shows that we need about 60,000 square feet and we have got 11 here, so that tells us how crowded we are. And I feel that this is a short- term fix until we get the new one. Donnell: I would be willing to give up my office. Bird: Well, we already -- De Weerd: Someone's already in there, so you don't have one. Bird: We don't have one anymore. De Weerd: I hate to inform you of this, but -- Donnell: Oh, you mean I don't have -- De Weerd: Our closets our used and your office as well. Bird: We just got a place to put our computers and that's it. Donnell: Thank you. Rountree: I'm going to have to abstain. De Weerd: Okay, I would need a motion if you were to support this request. Meridian City Councii Aprii 19,2005 Page 120f77 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would make a motion that we enter into a lease agreement for a period of one year with Farmers and Merchants for our appropriate percentage of fees, which is about five dollars a square foot is what we are getting it for, which is quite a bit cheaper than what the going rate is around here, which I appreciate, and that we pay our appropriate share and Avalon Ventures and MDC pay their accordingly share. Donnell: Second. De Weerd: Okay. The motion is to approve the request for a one-year period, with a possible one year renewal? Bird: You bet. De Weerd: And that puts the pressure on you, Mr. Bird. Discussion? Mr. Wardle. Wardle: Just some brief discussion. I am not going to support the motion for a number of reasons. One of those being adding space for simply the sake of space and spending that dollar without a firm plan in place doesn't set well with me. In addition, to the amenity that I feel that the other portions of the project will bring downtown. De Weerd: Okay. Further discussion? Bird: I have none. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, abstain; Wardle, nay; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. Item 7: (Items Moved from Consent Agenda) Item 8: Public Hearing: AZ 05.006 Request for Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heiahts Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: Item 9: Public Hearing: PP 05-008 Request for Preliminary Plat approval for 175 single-family residential building lots and 20 common lots on 72.85 acres in a proposed R-4 zone for Zebulon Heiahts Subdivision No.2 by Meridian City Councii April 19, 2005 Page 13 of 77 Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: Item 10: Public Hearing: CUP 05-006 Request for a Conditional Use Permit for a Planned Development with reductions to lot frontage, increased block length and reduction in density to less than 3 dwelling units per acre in a proposed R-4 zone for Zebulon Heiahts Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan Road and east of North Locust Grove Road: De Weerd: Thank you. Okay. We have entered the public hearing process of our agenda. Items 8, 9 and 10 are all related, so I will open those three items, AZ 05-006, PP 05-008, and CUP 05-006. I will open with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. These three applications all address the property that's outlined in bold here on the screen. It's on the south side of West McMillan, approximately a quarter mile west of North Eagle Road. Wainwright comes into the -- into the project on the south end here. Other surrounding properties -- Boise city limits -- the purple line on here represents our area of city impact. Again, the dark black one is the boundaries of their proposed annexation and plat. So, as you can see, quite a bit of the project would abut Boise city -- Boise city limits. Austin Subdivision, I believe, Austin Creek, is on the north side. They are proposing to align with Austin Creek's primary entrance here on the north. Ada County subdivision, Heritage Subdivision, is a one-acre here on the west side, along with the Settlement Bridge, which has been annexed, What's shown here is the half that doesn't have final plats approved on it, but they do have a preliminary plat approved on all this. To the south there are a couple of -- also Ada County parcels that are within the Meridian's area of city impact, but have not been annexed. So, what they are proposing here on Item No.8 is to annex all of the 76.29 acres to an R-4 zone. It is designated medium density residential on the Comp Plan. They are, actually, asking for a step down, which is unique, we don't see that very often. The density is below three. It comes in about 2.4 units to the acre gross density and would be a step down for the Comp Plan. So, that's the annexation request. A development agreement has been recommended to be entered into between the developer and the city on that. Here is a zoomed in section of the Comprehensive Plan. It's mainly there so you can see the relationship of other areas to our -- to this project. There is a multi-use pathway, public pathway designated throughout the project. The aerial shows Ustick Baptist Church here up on the north side, along with the -- some of the other Boise subdivisions and projects. There are some existing buildings on the site, which would be. removed if approved. Here is the preliminary plat that was submitted and is being recommended for approval to you by the Planning and Zoning Commission. I think just two highlights that I will point out. Ada County Highway District does have a storm water pond on the north end adjacent to McMillan there. The entry road would actually split that pond on both sides. There, as I understand it, are some possible exchanges -- property exchanges that may occur between the developer and Ada County Highway District if this is approved. They have provided larger lots along the Heritage Subdivision here on Meridian City Council April 19,2005 Page 14 of 77 the west there. Their largest common open space is on the south end, They are proposing a pool and clubhouse. Other amenities include the -- about eight percent open space and the pathway. The pathway would actually be extended from Settlement Bridge, which has been approved to construct that on the north side of the slough there. So, it would be continued on. There is a section of it right here that is actually not on the applicant's property. However, we have asked them to prepare a legal description for that pathway, so that in the future our parks department could go and work with that property owner, the church, potentially, to extend the pathway across there. The multi-use pathway, then, does continue through the -- through the project, some in common lot areas, others along the street. The Conditional Use Permit, the reason for it, they are proposing a reduction to the lot frontage for, I believe, about 25 lots of the 170 some odd lots. Twenty-five of them or so would have frontages below 80, at approximately 58. And, then, an increased block length. They are proposing for this block that abuts the residential subdivisions here on the west, which didn't provide any stub streets, obviously, they can't break up the block, since there is no stub street, so that's another reason for the planned development. And, then, the density, less than three dwelling units per acre, that can actually be accomplished through the Comp Plan without a request, but that's there for you. One other item I want to point out. Here is just some blow-up sections of the landscape plan, some typical building elevations that we would propose to construct. This is fairly light on this slide, but we included it so you can see some -- kind of what we were thinking in terms of future circulation in this area. Again, here is the proposed site. Champion Park Subdivision has a couple of phases already constructed, as you know. They were approved with a stub street here to the north. In the future what we would anticipate is to have a connection there -- again, this is to help alleviate Eagle Road traffic, as well as to provide circulation within the section here. We have also asked for them to extend this cul-de-sac -- not have that be a cul- de-sac and extend it as a stub street, so that you could, actually, have -- this would be about a thousand foot block there. So, you would have a local street circulation system in here, potentially, in the future, to help get that circulation. They have agreed to that stub street. The Planning and Zoning Commission has included that in their conditions. This is designated as office here in Boise city. If you come in on Wainwright, it makes the curve up to the north and this is designated for office. Ada County Highway District has asked for, I believe, a 20 foot buffer that would separate these residential uses from this. It's, I think, a little uncertain right now whether this would become a public street or just a driveway, but we just wanted to show this for your consideration, so -- as I mentioned, the Planning and Commission did ask -- or did recommend approval of all three of these. The main testimony came from Ty Ketlinkski, who was representing his father and mother. They own property to the south of the site. Dave Bivens also commented on the application. Craig Hood presented it. Most of the comments and discussion had to do with Eagle Road, of course. There was quite a bit of written comments, if you saw the record on that, from residents in the area concerned about Eagle Road. Staff did either e-mail those people directly or send them postcards to let them know that we did receive their comments, that it has been in the public record. The main item on the traffic there is a -- ITD, in their 2004 Eagle Road corridor study, did have a potential future signal at Wainwright and Eagle Road. I think that's about as much as we know from ITD at this point, but it is in that corridor study plan. The main -- Meridian City Councii Aprii 19,2005 Page150f77 I think the other comments that we received was from the Ketlinskis, who -- we also have a letter from them, who are asking that for -- I believe it's four lots on the south that the height restriction be limited there, so that there is not two story homes. And with that -- we also did receive a letter from the Parkins-Nearse User's Association regarding piping of the ditches. So, if -- and maybe Mrs. McKay, who is representing the applicant, could address some of those to the Council, just so you know where they stand, Thanks. De Weerd: Council, any questions for staff? Rountree: I have none. De Weerd: Okay. Thank you, Brad. Is the applicant's representative here? McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'm representing the Amyx family on this development. If I could, I'd like to put some boards up there to kind go through the project for you. As Brad indicated, this property is on your far eastern perimeter. Your city limits do abut us here at Settlement Bridge. Boise city limits are there at McMillan, with Austin Creek and, then, Madison Park here on our eastern boundary. The Amyx family own property clear out to Eagle Road. There is approximately seven and a half acres in Boise's area of impact. We did annex and zone that LOD into Boise city and I believe we have 11 office lots that are proposed. We aligned with Wainwright when we did that subdivision in Boise city. It is recorded and constructed. Rim Lot is the half-mile mark. I did Cameron Park's design. We intentionally put Wainwright there at the half-mile, so at some point in time it would have an opportunity to be a signalized intersection. This intersection is aligned. We continued -- where Meridian's impact area starts we continued that collector on and, then, dropped it into the site. We have a clubhouse, pool, parking area, playground, and the park will be located right there at the end of the collector. This is about 3.36 acres, so it is a large central park area and that will be, obviously, the focal point for this subdivision. We do have McMillan on the north. One problem we had, when ACHD did the rebuild in McMillan Road from Eagle Road to Five Mile and when it went five lanes they pumped out of their storm drainage and purchased these two lots and they are unimproved as far as landscaping, just like a retention area, and, then, they will overflow and I think into the North Slough. One thing they did is they left 60 feet there abutting McMillan Road for this property. I assume that was -- that came off this parcel, but when Austin Creek came through, that 60 feet -- nobody thought about making sure that was in alignment. So, I approached the highway district before we started design and asked if we could do an exchange in order so that I could align with Camas and they indicated that we could work with their drainage in their design department to do -- this is already right of way, so we'd just dedicate additional right of way, we'd go ahead and make modifications to those ponds. I also approached them about improving the esthetics of those ponds. It would require a license agreement. It will require the drainage department to approve whatever our landscape architect recommends, but, obviously, for esthetic purposes, something needs to be done there. The highway district will participate in the sidewalk portion on McMillan for the property that they own. Meridian City Council Aprii 19,2005 Page 16of77 They have indicated if our contractor could build it, then, they would pay their proportionate share and it could be done as a private-public type partnership. As we bring this street in, it is what we call a non-continuous collector, where it just comes in for a short distance and, then -- and, then, we turn it into a local street. The lot sizes in this subdivision range from 8,140 square feet, which is my smallest lot here against Madison Park -- and I did Madison Park here in Boise city. Those lots are between seven, eight, and nine thousand square feet. We connect to their stub street. We are bringing it in, crossing over the North Slough and, then, the lots go all the way up to 31,000 square feet. I was very cognizant of the fact that Heritage Subdivision are -- it's acre lots, it's an established development, what we call like estate type lots. So, what I tried to do is come in with a cul-de-sac and fan these lots out as much as possible. So, the lots along here are ranging from 31,000,17,18,19,20 thousand, keeping them as large as possible. This particular depth I think runs like 140 or 150 feet. So, I'm trying to make it as nice a transition as possible. When we look at the overall lot sizes in here, they are very large, they are very deep. The medium lot size is 12,888 square feet. As Brad indicated, our density is 2.4 dwelling units per acre. We have got five-acre lots on our southern boundary called Jasmine Acres. As far as transition for Jasmine, I came in with the three cul-de-sacs and, then, had to create a straightaway in order to get my interconnectivity through my development and my stub street and so I kept these, I think these are 145, 150, and I kept them wider to try to get a better -- a better transitioning between these estate type lots. These are quite expensive homes, they are large homes, and so what we intend here is -- the price ranges will be 270, like for these smaller lots here next to Madison Park. Within the interior we anticipate it will go up to 400, it could even go beyond that, depending on the size of the homes. Approximate minimum size of these homes will be 2,000 and on up. The product that the Amyx family and their builder has built, like out in Traditions, those homes are usually ranging three, four, five -- I think even 6,000 square feet. So, we intend this to be an upper end, nice residential estate type development. Open space. We gave 8.3 percent open space in this development. This is about .55 acres. There will be playground equipment here and, then, obviously, our central location here. On your -- on your Comprehensive Plan it doesn't mention the multi-use pathway. We built it in Champion Park, I have aligned it right here, so it would be close thereto and at some point in time, if this property ever redevelops, it could be extended to connect to Champion Park and, as you well know, there is an elementary school west of Champion Park. I have got a separate lot with a ten foot -- we will have pedestrian friendly crossings and work with the Public Works and the highway district to make sure that we either do something like stamped concrete or stripped to make it make sure that the traffic slows down. We take those ten-foot pathways; we take them up separate lots all along here and, then, over to the North Slough. It will run along the North Slough and, then, exit here and make them interconnect to Settlement Bridge. So, we will be getting a lot of continuous multi-use path. I have got one gap here for the Baptist -- I believe that's the Ustick -- was the Ustick Baptist Church. They moved over here. We have already written a legal description. An exhibit. I got a copy of an example from your parks department, we prepared an easement to the City of Meridian for the multi-use pathway for this section, indicating that if they would grant the easement, then, we would construct it, so I don't have a gap in my pathway. I also had a little strip here that will go onto Ada County Meridian City Council April 19,2005 Page 170f77 Highway District property and we have agreed to work with them and I think they are open to the idea of letting -- if we construct, letting us construct that last stretch and making the connection. So, we will have continuous ten foot interconnected multi-use pathway all the way through. We tried to disperse the traffic as much as possible. We will start phase one -- I think we have got three or four different phases. We will start on McMillan and, then, work our way south as far as our phasing is concerned. The collector right here stops right at this location. We have got three ditches that we will be working with. The North Slough, which we will keep open, we want to work with Settlers to make that a water amenity. Settlement Bridge worked with Settlers. We will go through the same scenario they did with a license agreement for any improvement and providing, obviously, access. They will not allow us to have a joint access with the multi-use pathway. They told me that with Settlement Bridge they had already made the determination. So, one side of the slough we will have their vehicular access, the other side will have the ten foot Meridian multi-use pathway. We got the Parkins- Noerse Lateral that runs down the south boundary and, then, it turns and comes up into Heritage. Based on the topography that the - the topographic map, that facility is running along that boundary. We will be required, under your ordinance, to pipe it. We have a condition that states that that would be necessary. We need to coordinate, obviously, with the users association. A letter was submitted stating that they want to make sure that the easements are provided. Settlers has already submitted a letter as part of our conditions requiring easements for all of these laterals and the slough facilities. As far as fencing, we intend to do vinyl fencing along that exterior here. Along the slough I think they talked about wrought iron fencing, so that it's visible. I did have one concern -- we are in agreement with all the recommendations of the Planning and Zoning Commission and your planning staff. We have agreed to add that stub street to the south. The only condition I was concerned with was from the police department, which stated -- they had concerns about the visibility of the pathway, something in the effect of they may require or request a redesign of the pathway to improve the visibility. It's designated wrought iron on the slough, so -- I mean I don't know where in the heck I can put it, other than where it's going and that's its designated area, so I don't know if the Council wants to visit that and, I guess, ask for more specific information. We will coordinate with your parks department, obviously, on the standards. We don't want to exceed that of a public street as designated in the park's Comprehensive Plan. I think you guys typically change that condition to read that we will work with Public Works to come up with an acceptable standard. The only other comment we had was the fire department has asked us to paint the curb red on ten feet, both sides, of hydrants. That's the first time I have seen that condition. I talked with Joe about it. He said they have problems with people parking in front the hydrants, but that sure is -- it's not going to be attractive. And I wish we could -- we put the little reflectors there, people aren't supposed to park in front of the hydrants, I don't know if they want to consider like signage or something, but those red curbs -- now in apartments, if you have ever driven through a multi-family development, they are red and it's not attractive. All of the sidewalks in this subdivision will be detached also. I wanted to make note of that. So, we will have the five-foot landscape area and, then, the four-foot sidewalk throughout the entire development. Other than that, I think we are all in agreement. We have worked really hard on this project. We have asked for a reduction in density based on Meridian City Councii Aprii 19,2005 Page 180f77 your Comprehensive Plan, three to eight dwelling units per acre. Your staff agreed with us, because of the larger lots that adjoin us, and I think we have tried to do the best that we can to provide access to the undeveloped properties and make this as nice a development as we possibly can. Do you have any questions? De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, what's the status of the parcel that would be between the Boise office development that Amyx company has gotten conditions for and -- between the purple and the black there right off Eagle Road. Right there. McKay: That particular parcel? That parcel, I believe, was either auctioned or sold and they -- I got a call from an engineer and they asked me to send them our stub street location, which I did. I also -- we are giving them frontage. If you notice that collector that's coming in, there is some to the east. I abut that collector right next to them, so they can connect to my collector and I also gave them a local stub, so they have got two options for redevelopment of the property. It's right -- there is that stub and, then, this collector. We also put that collector onto the east and it abuts D&G's nursery, so at some point in time, if they redevelop, then, ITD could get rid of their access point. We got a lot of letters from the Cameron Park people asking about the light. The only information that I have from our traffic engineer that did the traffic study is that ITD is still working -- looking at that corridor, studying Eagle Road, the discussion is medians and, then, they would put signals at the half miles. That's all we have heard. And I hear it's still in the works, not officially adopted. The way our traffic engineer explained it to us, for every one person -- if we put a light there, for every one person they allow out of our development or Cameron Park, they will inconvenience 20. And ITD will -- they look at what is the public cost of that light. So, at this point in time we are not a priority. They are going to keep that traffic going. Rountree: Thank you. De Weerd: Any other questions? Mr. Wardle. Wardle: Madam Mayor. Captain Overton, would you like to respond to the pathway? I have a question on that. Overton: Madam Mayor, Members of the Council, I will try to do my best. I'm not familiar with this or the request earlier. The question has to do with the comment that Meridian City Councii April 19,2005 Page 19 of 77 the applicant brought up about the police chiefs concerns. In reviewing the notes, it states the applicant should meet with the police chief to discuss features and increased visibility on the multi-use pathway. I guess my first question back would be did the applicant meet with the police chief to get that taken care of? McKay: That's fine. With wrought iron fencing, you will have visibility, so I hope that's sufficient. I guess that's my question. Overton: My second question would be is it wrought iron on both sides of the slough? McKay: Yes, it would be. Yes, sir. Overton: Knowing where the chief sits on design, with confirmation in mind on those ditches, his major concern is and always is are we able to see through the backyards of each -- on both sides of the slough, so we don't provide an area where kids or anyone else can be invisible to the people that live in those yards. I do not believe, knowing how we have dealt with these before, that if it's going to be wrought iron on both sides, it's not going to be an issue at this point. Wardle: Thank you. De Weerd: Thank you, Becky. Okay. I guess when the applicant comes up for a rebuttal, we will ask the fire chief to make comment on the red curbing. We will ask that at the tail end. Thank you. Okay. There are a couple of people signed to indicate they are either for or against and when I call your name, if you would like to provide testimony, I would invite you to come forward at that time. I believe the first two are the applicants and that was all part of the 15 minutes. Would you like to also make comment? Okay. I had Todd and Joe Amyx signed up for. Chris Rambo is signed up neutral. Would Chris like to provide testimony? Okay. Dave Bivens signed up neutral. And that's the first time I have seen him neutral on something. Donnell: And not willing to talk. De Weerd: Yes. And as Councilmember Donnell mentioned: And not willing to talk. Bird: Yeah. De Weerd: Mark Pearson signed up against. If you will, please, state your name and address. Pearson: I will. Franklin, Boise. Mark Pearson of William R. Schneider & Associates, 520 West De Weerd: Thank you. Meridian City Council April 19,2005 Page 20 of 77 Pearson: Madam Mayor, Members of the Council, I'm here today on behalf of the Ketlinskis, who own property that is adjacent to this development to the south. You can see there is -- just at the very base of it there is an odd shaped parcel and the Ketlinskis have lived in this -- on this acreage for about ten years -- a little more than ten years and they have a rather large parcel, eight plus acres, and the reason that they are here, obviously, development going into the north is they -- they recognize that they can't stop development and they've had nice country living for a long time, but they recognize that things are changing. What they are concerned about is the particular topography of their lot and the way this development is set up is going to create, unfortunately for them, a bit of a stage. Their backyard is going to become a nice viewing area for the lots that are directly adjacent to it, assuming that there are two story properties with windows that look into their backyard. Would it be possible for me to -- I submitted a letter and you all have the photographs that were included with that? As you can see, what we are primarily concerned with are four lots out of, potentially, I believe 170 odd lots, and I have also provided some photos for you of what the backyard looks like. Now, I think we all recognize that in a normal situation where you live in a high-density area, you're going to have a neighbor behind you or maybe one to the side and you just have to live with it and that's certainly acceptable. The problem that we have here is we have got a large estate lot and we are going to four -- essentially four audience members who can watch as my client goes in and out of backyard and uses his hot tub, enjoys his backyard, and the way this property sits, it's up on a bit of a -- it rises up just slightly and, then, it's quite expansive. So, if there is any sort of lighting back there, it will be a really -- well, it will be unpleasant to use that area. We recognize that the restrictions that you put on these types of buildings costs the developer money. There is no question that if we limited this to a one story -- or ask you to restrict these to one story buildings, that that would impact their ability to sell and so we have tried to come up with a couple of possible solutions to protect my clients' privacy and those would include limiting the number one windows on the side of second stories that face my client's property and possibly erecting some type of other sight barrier. I know that when the Council considered these -- considered these things, there are always -- there is always going to be resistance to -- that was short. De Weerd: Three minutes goes by fast for attorneys. Pearson: How can I make any money at that rate. Rountree: It's better for your client, though. Pearson: Yeah. Exactly. De Weerd: If you could, please, summarize. Pearson: I will. I will wrap it up. What we'd ask the Council to do is to approve this subdivision and the CUP with some very limited conditions, either that no second story windows directly face my client's property or that if the builder believes that's not workable, to allow only single story residences on those four lots. Meridian City Councii April 19,2005 Page 21 of 77 De Weerd: Thank you, sir. Any questions for -- Bird: I have none, Mayor. Rountree: I have none. De Weerd: Thank you. Okay. And, I'm sorry, I can't read the print of this next person. I think it's J with a K -- okay. If will, please, state your name and address. Ketlinski: Jack Ketlinski, 2610 Jasmine Lane. Like Mark said, I've lived there quite a long time and I have enjoyed living there and I would ask the Council to take a hard look at that, to respect my privacy, along with that development. Thank you. De Weerd: Thank you, sir. Stacy Rambo. Neutral. Okay. Thank you. Joe Steinbaugh? Would you like to provide testimony? If you will, please, state your name and address for the record. Steinbaugh: My name is Joe Steinbaugh. I live at 2065 Paradise Lane in Meridian, Idaho. De Weerd: Thank you. Steinbaugh: I have a concern on the ditch that - the Parkinsons-Noerse, which would come from the east headed to the west and, then, making the 90 degree turn headed to the north. There is quite a bit of concern there. That water that runs through that ditch is approximately 254 inches of irrigation water that services Heritage One and Two, the subdivision, and, then, it splits to go to the Crestwood, the Razzberry, the Heritage Commons. The point of concern impacts, of course, Mr. Ketlinski's side of the ditch, as well as the new development area, and they have addressed that as that that would be piped and that's fine. And I don't know how far north that that's going to go, but I did understand them to say that that would be piped from the east to the west and from the south to the north in that particular area. Our point of concern is is that that is a self- dividing Cipoletti weir that that particular head gate divides that water, which has been there for multi years. Underneath that it drains -- there is a drain that drains right in that corner. I wish I had a little -- De Weerd: There is a pointer right in front of you. Steinbaugh: Oh. Rountree: Just be careful with it. Steinbaugh: All right. Okay. Mr. Ketlinski, where is your property at? Are we right here? Right here. I'm backwards. Okay. Well, anyway, right in this area here, this water drains right underneath this Cipoletti weir and so the weir is needing attention, as Meridian City Council April 19,2005 Page 22 of 77 well as that drainage point that drains back into that waste area. I'm backwards here on my -- with the arrow guide from the Heritage. So, we would like to ask the question, if that is going to be taken care of, as a primary concern. We already have access on Mr. Davis' side for Settlers to service that, but the point of concern on my behalf is the weir. De Weerd: Thank you. Sir, we will ask the applicant's representative to comment when they have their final word. Steinbaugh: Thank you. De Weerd: Okay. Is there anything further? Steinbaugh: No, ma'am. Thank you very much. De Weerd: Thank you. Okay. And the last person I have signed up here is Boyd Hill, who is also neutral. Hill: Madam Chair, I'm Boyd Hill and I live on 1035 East McMillan Road in the Crestwood Subdivision. My concern -- and it's already part of -- they have stated they are going to pipe this ditch, which we use water out of this and it separates there and continues -- separates here down on Locust Grove. My concern is the first 1,000 plus feet from Eagle Road that the Amyxes have developed, the fence is clearly built on the right of way, we have no way of cleaning or clearing that ditch without either burning their fence down or tearing it down, so we can get a backhoe in and I think it should be on the record that it isn't that much value to pipe that in, without it being piped on up to Eagle Road. De Weerd: Thank you for your comments. Is there anyone else who would like to provide testimony on this application? Okay. Would the representative like to respond? If you will, please, state your name and address. McKay: Becky McKay, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you. McKay: Soon to be business owner in the City of Meridian. De Weerd: You think that earns you points? McKay: No. I just wanted to brag about it. De Weerd: Well, welcome. McKay: Thank you. I guess I'd like to address the single story issue. You know, we go through -- anytime we are developing next to larger lots, it always becomes an issue of debate. There are instances I know where the Council has determined that it was Meridian City Council April 19,2005 Page 23 of 77 prudent to restrict the heights. I had one project in particular that they did that -- that that happened on Thousand Springs and, then, what we had -- what transpired is we had one of the builders got mixed up and thought his lot was a two story and not the single story and, then, we had go in and cut a deal with the planning department to switch lots on what was one story and talk to the neighbors. So, there is problems with doing that. As far as limiting windows to the south, obviously, the International Building Code mandates certain window sizes for emergency access out of bedrooms. I don't know how we could do that. I have tried -- we did do a neighborhood meeting. I didn't mention that in my presentation. I did talk with Jack Ketlinski. Our lots that are next to him are 90 feet wide by 140 feet deep. They range in size from 12,600 all the way up to 21,000 square feet. So, I have tried to minimize the number of lots. Mr. Ketlinski just has a lot of frontage adjoining our south boundary, because of his eight acres. When we look at the aerial photos, you can see his house. Here it is right here. This particular distance here is about 150 feet right through here. So, when you do a standard setback and when a home goes in here, we would have about a separation of approximately 185 to 200, depending on the depth of the home and where they located it on that particular lot. De Weerd: Becky, do you want to put it up there and -- McKay: Oh. So, yeah, I don't -- I don't know how to, I guess, give him any relief and I guess that's, obviously, up to the Council to make that determination. But my clients do object to the restrictions of single story, because it is - it is difficult to monitor and, like I have always stated, I think everybody should have a right to either a single story or a two story. As far as the diversion weir -- I will wrap up. My time is up. As far as the diversion weir, we have a considerable amount of depth there on those lots. It would be very easy for us to put an easement back there, so they can get access to that weir. The lots are extremely deep right here. So, what you would probably do is -- we could either do an easement or even a separate common lot right here, so we could make sure that they could get access back there and no one at any point in time could stop them. I would like to coordinate with the users association and I'd like to state for the record one of the users is Jim Moyer, who lives in Heritage and he will be the gentleman designing our pressurized irrigation system and we will work with him on design of our weir boxes and gravity irrigation also. So, one of the gentlemen that lives in that subdivision and signed the letter will be working on this design. But I don't have a problem with the Council, you know, asking me to coordinate. As far as this stretch right here, that was in Boise city. Boise city did not mandate that we pipe ditches. We can fence, pipe, or make it into a water amenity. My clients offset the fence from the top of bank. I believe -- they believe it's 15 feet from the property line. There is a debate going on with the users whether it is adequate access to the ditch based on where they put the fence in Boise city limits in phase one. My recommendation is they, obviously, get with the users and try to work this out, so that they make sure that adequate maintenance of that facility continues. But as far as the Meridian portion, we will have to pipe it. De Weerd: Council? Meridian City Council April 19,2005 Page 24 of 77 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: There was some testimony concerned about the drainage out of the southwest corner. Crossing and the drains. Does your drainage plan address that? McKay: In my conversation, sir, with the residents, Mr. Ketlinski indicated that his property drains to the north and some of these other five's are, so we are going to have to determine where their low points are and I think his is here, I thought that's what he told me, he said it gets real mushy down there, the ditch leaks and so forth, and he said something I just want us to be done, to correct the problem. So, we will have to work with them to create some type of a structure that collects their drainage when they gravity irrigate and, then, put that into the pipe. We have done it before. It is cumbersome, but we do it quite often when we have these large lots. I do have to work with the neighbors to coordinate it, though. De Weerd: So, did you say you were putting together a drainage plan? McKay: Yes. Yes. Part of our construction plans would include the gravity irrigation and how it will gather that drainage. So, it will go to Settlers -- I take copies to the neighbors, we also -- it's part of our construction set that goes to Public Works. And Settlers, even though they use this facility, does comment back to us and make recommendations. De Weerd: Kenny, did you want to make a comment about the red curbing? Bowers: Madam Mayor, City Council Members, by the International Code it does state that curbs do have to be painted red a certain number of feet from the hydrant. But we haven't been enforcing that in subdivisions. I mean we have only been doing that in commercial and industrial, to my knowledge. So, this was new to me tonight also. And I don't -- I just asked Mr. Overton here if he -- if we had had a problem in the subdivisions of people parking in front of hydrants or if they are having a problem that we need these red -- and he didn't know of any at this time. De Weerd: So, would you have a problem if they did not paint their curbs. red? Bowers: No, we would not. De Weerd: Okay. representative? Thank you. Thanks, chief. Any other questions for the Bird: I have none, Mayor. Meridian City Councii April 19,2005 Page 25 of 77 De Weerd: Okay. I guess I -- I understand the concern of the water users and we have no control over what Boise does or doesn't do, but that would -- that is an important connection with the Meridian side of things and the Meridian users. There is no solution to this? McKay: My recommendation to my clients is to get with the users -- I think their conversations have only been via the phone and they need to meet out there -- I will be glad to mediate it and go out with them to try to resolve this, but I think -- I think it can be resolved. Obviously, something needs to be done. They need to clean the ditch and they claim they do not -- they do not have enough room with the existing fence where it was placed on the office lots. De Weerd: Mr. Attorney, can we ask thatthat plan be submitted to our staff, so we know it's been addressed? I know it's an off-site improvement and solution, but -- Baird: Madam Mayor and Members of the Council, my recommendation would be that you do request it, but not necessarily make it a condition of your approval. That way the staff could monitor the progress and, hopefully, help facilitate a solution. De Weerd: Thank you. Thank you. McKay: Thank you. De Weerd: Okay. Council, if there is no further information needed -- I'm sorry, we have had the concluding remarks. I would ask that you meet with the applicant's representative on any questions on the drainage and let our staff know as well. Okay. Unless, Council, would you like to take further testimony? Rountree: If there is none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: Hearing no further testimony, I move that we close the public hearings on Items 8, 9 and 10. Bird: Second. De Weerd: Okay. The motion is to close the public hearings on 8, 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 8. Bird: Madam Mayor? Meridian City Council April 19,2005 Page 26 of 77 De Weerd: Mr. Bird. Bird: I guess nobody wants anymore comments, so I will make a motion that we approve AZ 05-006, annexation and zoning, and to include all staff, applicant, and public testimony. And also approve the findings on this one. I think they should be okay, because we haven't added anything to the annexation or anything, so the findings would be okay on this one. Wardle: Second. De Weerd: Okay. The motion is to approve Item 8 and I am assuming that the drainage plan and the details of the irrigation line is all a part of that development. Bird: Not in the annexation. That would be in your preliminary plat or your CUP. We will have to ask the attorney -- De Weerd: Okay. Okay. Baird: It won't in this one and we will ask that Mr. Hawkins-Clark give us -- the preliminary plat. Very good. De Weerd: Okay. Thank you. If there is no further discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. No.9. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 05-008, the preliminary, include staff, applicant, and other testimony. Also without the requirement of demanding working out something on the Boise part of the ditch, that we would at least -- they would at least come back to our staff and tell us what has happened, even though we can't require it, and this also -- we would have to have new findings, because there is some changes with the preliminary plat, I believe, that -- is that enough, Brad, for you -- would the findings be okay on this one, too? Hawkins-Clark: I believe so. As long as you address the issue of the two story on the CUP and not include that with this one, then. I think the only other clarification is the police department about the wrought iron fence along the slough, if we could add that. Meridian City Councii Aprii 19,2005 Page 27 of 77 Bird: Okay. The wrought iron along the slough on both sides and also no red paint at the hydrants and, then, that would make a change in the findings, so we have to bring the findings back. Oh. And the stub street, instead of the cul-de-sac, which she already had in there, didn't she? Baird: Madam Mayor, Members of the Council, the nature of those amendments are very specific and capable of being directed to staff, so you could put that on the record and not necessarily have to make them come back. We sort of leave it up to the particulars of what amendments you're making. If it's something that you're going to need to see in writing, then, we suggest we bring them back, but I would suggest that statrs equipped to take your direction on any amendments that you make and just have them on the record and have it completed tonight. Bird: Okay. And, then, I would -- the motion, then, would change to -- to also pass on the revised findings. Wardle: Second. De Weerd: Okay. The motion is to approve with the stated changes. I guess I would like to ask staff if the requirements of the drainage plan and the users lateral, the piping and the detail associated with that, are clear enough in the site-specific requirements? Hawkins-Clark: Madam Mayor, yes, I think staff understands the direction there. De Weerd: Okay. Hawkins-Clark: We will include it in the preliminary plat findings for your signature. De Weerd: Thank you. Okay. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay, Item 10. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-006, Conditional Use Permit for the planned development and also approve the findings and to include staff, applicant, and public testimony. Wardle: Second. Meridian City Council Aprii 19. 2005 Page 28 of 77 De Weerd: Okay. The motion is approve Item 10. Mr. Hawkins-Clark? Hawkins-Clark: I'm sorry. one? Could we get clarification on the two-story issue on that De Weerd: Mr. Bird. Bird: Two story, I -- no. Yeah. Leave it like it was, that -- in the original findings, as far as I'm concerned. Rountree: Madam Mayor, can we get clarification for the record what that is? Hawkins-Clark: Yeah. I think the way that it came to you from the Planning and Zoning Commission was that there would not be a requirement for -- to limit the houses on those four lots to one story. So, they would be allowed to go to two story. That's the way that the Commission recommendation to you came. So, if you are instructing us to approve it with that, that's the way we will proceed. Bird: That is my -- that's the motion maker's -- if the -- De Weerd: Do I have a second? Wardle: Second agrees. De Weerd: Okay. Okay. The motion is to approve Item 10 as stated. Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We have dwelt with this second story issue several times, most recently last week, and precedent or not, we have dealt with it in a different manner. I would suggest that I would like to see us at least explore that as a Council and for that reason if the motion goes forward, I probably will object. De Weerd: Okay. Is there any further discussion? Any discussion by the motion maker? Bird: I have none. Call for the question. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Meridian City Council April 19,2005 Page 29 of 77 Item 11: Public Hearing: RZ 05-002 Request for a Rezone of 1.28 acres from R-4 to L-O for Meridian Fire Station No.4 by the City of Meridian - Lot 1, Block 4, Thousand Springs Subdivision No.1: De Weerd: Okay. Motion passes on Item 10. Public Hearing for Item 11, RZ 05-002. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This request is a joint application essentially between the -- proposed by the Planning and Zoning Department, fire department, and their architect. This is to rezone property for sub station number four, I believe it would be, on South Eagle Road. In Thousand Springs Subdivision this lot was designated as a fire station lot when Thousand Springs came through as a plat in '97, I believe it was. The Ridenbaugh canal runs along the north side. EI Dorado Subdivision there. The site plan here is reflecting the Planning and Zoning Commission recommendation. Some of the concerns that were expressed at the Planning and Zoning Commission may be related to sound buffering and as you can see here, they have come back to us with an amended plan that shows some pretty dense plantings along there. They would also have three other trees on this side of the aisle between the building and Thousand Springs. That was submitted to us after the Planning and Zoning Commission, so that -- here is the original plan and mainly we are just including this so you can see some of the work that was done with the parks department on this common area on the south side of the sub station, that would connect as a pedestrian connection through to the walkway that comes out of Thousand Springs. So, this would also be a part of the certificate of zoning compliance application that would come to us. This, really, is not a part of the rezone per se, we just wanted to -- to show it for the record. As I mentioned, there was written and oral testimony and most of that was neutral on this item. Again, most people are in favor of having this to be rezoned, so the fire station can move ahead. So, with that I will end staff comments. De Weerd: Thank you, Brad. Council, do you have any questions at this time? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Mr. Watson. Watson: I'm sorry, Madam Mayor, to drag this particular one out. I was just looking through the staff report real quick and just to point out, there is a water line that will need to be connected through the southem portion of that, so some day when you don't see a water -- or a tree through that pathway right there, it's because we told them, no, you can't plant a tree within our easement. So, we will work with them, but just -- I want to make sure everyone understands. Thank you. Meridian City Councii April19,2005 Page 30 of 77 De Weerd: Thanks. That was going to be one of my questions. I have one person signed up to testify and that is the architect. Would you like to comment? Zabala: Madam Mayor, Members of the Council, my name is Tom Zabala and I'm with ZGA Architects in Boise, Idaho. My address is 565 West Myrtle Street, Suite 225. I'm here this evening representing the Meridian Rural Fire Protection District, as well as Meridian Fire Department on this application. I think staff pretty succinctly expressed the changes that have been made subsequent to our meeting with the Planning and Zoning Commission. The only comment I may have with regard to the landscape plan that you have before you is that prior to the meeting here this evening I met with the neighbor who really had encouraged us to revise the plan to predominately reduce the impact of lights coming into the site from fire trucks returning in the evening. His concern was on the seven trees that you see there are Scotch pine, he was concerned about their mature height and spread at maturity, which, as you can see from -- the plant gets -- at maturity could be as wide as 30 feet and 60 feet tall and he was concerned that we might have gone overboard on his request, which is nice to hear sometimes, and had suggested that perhaps only the lower three be of that variety and that we look at some other varieties perhaps interspersed with the remaining four and I indicated to him at that point that we would be willing to work with him and the parks department in that regard. So, other than that, that is the only change to the staff comments that we would have. I will be happy to answer any questions. De Weerd: Okay. Council, do you have any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Thank you very much. Is there anyone in the audience who would like to provide testimony on this application? Seeing none -- Rountree: Madam Mayor, hearing no further testimony, I would move that we close the Public Hearing on Item No. 11. Donnell: Second. De Weerd: The motion is to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Councii April 19,2005 Page 31 of77 Rountree: I move that we approve Item No. 11 for the rezone RZ 05-002, Meridian Fire Station No.4, subject to staff comments and testimony here this evening, accommodating the future water line and the parkway and the potential change for the rear landscaping as identified by the architect. Bird: Second. De Weerd: The motion is to approve Item 11 with the changes as stated. Mr. Berg. Berg: Madam Mayor, may I ask a question if that's just amending the findings that are presented? Rountree: Yes. Berg: Thank you, Madam Mayor. De Weerd: Thank you for your reminder. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: CUP 05-007 Request for a Conditional Use Permit for a wireless telecommunication facility in a C-G zone for Verizon Wireless by AFL Telecommunications - 1776 North Avest Lane: De Weerd: Okay. Thank you. Item 12 is Public Hearing CUP 05-007. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This is a request for a new telecommunications facility at the Avest Mini Storage site on North Locust Grove there just north of Fred Meyer. The zoning ordinance requires these as conditional use permits if they don't treat these as a stealth type tower. Here is the layout of the existing facility and they are proposing to use this area for their wireless tower and associated equipment. Here is a blow up of what that would look like and, then, the tower itself. The Planning and Zoning Commission did receive testimony from Jerry Hansen with AFL Telecommunications. There was no testimony in opposition. No commenting. The main issues of discussion at the Commission related to the height, which is approximately a hundred feet. The distance to the residential area is -- that lie behind the storage unit complex, the Mirage Meadows Subdivision there. There is an existing tower on the site already that is quite a bit shorter, that is approximately in this location. So, this would be a second -- a second facility. The color was discussed some and there was labeled as Idaho Power gray, which would be the color that they would be required to have the facility be. So, I don't believe there was any disagreement with this in terms of the recommended conditions, so I think that's all I have. Meridian City Council April 19,2005 Page 32 of 77 De Weerd: Kind of like naming crayons. Is the applicant here this evening? No. Well, Council, I guess -- is there anyone who would like to provide testimony on this application? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Seeing no testimony, I'd like to make a motion that we close the Public Hearing for CUP 05-007. Bird: Second. De Weerd: The motion is to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the request for CUP 05-007, a request a Conditional Use Permit for Verizon Wireless -- could we, perhaps, make that look like a palm tree? Oh, you didn't hear me, did you? Oh. And I don't believe that there, really, was any need to include any testimony, so that's the motion. Wardle: Second. De Weerd: Okay. The motion is to approve Item 12. If there is no any further discussion, Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor. And I presume the motion includes the findings as presented? Donnell: Oh, yes, And the findings as presented. Thank you, Mr. Clerk. Hawkins-Clark: I'm sorry, could I make a clarification there? There was two exhibits that were mixed up between this item and the next item on the agenda. I don't know if you noticed that, but they kind of got interspersed there, so if you would just trust us to make those swaps there, we will do that, but I just wanted to make sure that the clerk was aware of that. Berg: The exhibit? Thank you, Madam Mayor. We will take care of that. Sorry. Meridian City Council April 19,2005 Page 33 of 77 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: CUP 05-009 Request for a Conditional Use Permit for a multi-tenant office building in an I-L zone as required by the conditions of approval for Lot 5, Block 2, Medimont Subdivision No.1 by Falash & Ross Construction, Inc. -150 South Adkins Way: De Weerd: Thank you. Item 13 is Medimont Subdivision No.1, Public Hearing CUP 05-009. I will open the Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is before you because the previous Conditional Use Permit expired, When this property was annexed and brought into the city there was a development agreement that required these lots along their east boundary to all be approved only through conditional use permits. This is the third lot south of Franklin Road in the .subdivision and as you may recall, they did in 2002 come through and get approval for a building. Our code says if you don't construct it within 18 months your permit expires, So, they are, essentially, coming back to you with the same layout that was approved in 2002. I think the only difference is the building. There are some modifications that they are proposing there. Here is the layout. The entry road is here on the left side of the screen, so they do have circulation both north and south of the building. Gates on the east end of the building, with parking. Trash pick up at this point is proposed to be also at the rear, although Sanitary Service Company has expressed some concern about that exact location and may need to modify that somewhat. This site plan up on the screen does not reflect a 20 foot wide landscape buffer that John Barnes, the developer of Medimont, had to construct when he brought this through. The Planning and Zoning Commission had two comments from the public. Ernie Wilberson and Jerry Smith, who are both residents to the east of this site. There was discussion about the designated cross-hatched parking up here for motorcycles, which the applicant testified was, essentially, just for their employees. There was also some discussion about rear access to the fenced area and they testified that a knocks box would be provided, so that the fire department, if necessary, would be able to get through this rear area, since it would be gated. There was also testimony about the trash enclosure, outdoor storage, the fencing and some of the landscaping. Here is the. elevation that they are proposing. I believe that before they were going to provide tilt up concrete construction and -- so they have modified that. I'm not flipping through it now. I'll ask the applicant to confirm -- confirm construction on that. But other than that, the Commission did recommend approval and there are findings attached and as I noted in the last application, we have a couple of exhibits that got flip-flopped between these, so with that I'll end staff comments. De Weerd: Okay. Council, do you have any questions for staff at this time? Is the applicant here? If you will, please, state your name and address for the record. Meridian City Council April 19,2005 Page 34 of 77 Falash: Madam Mayor, Council, my name is Michael Falash, I'm with Falash & Ross. My office is 149 South Atkins, which is directly across from this piece of our property here. I have since met with the Sanitary Service and we were going to relocate that trash enclosure to the north. You will see the little square box up there, that is an irrigation box and I do have approval through them to move that onto the other side of that irrigation box to get more direct access into the dumpster location. The issue that -- there was some issues on lighting. I refer to that that all the backlighting on that back- side will all be dam lighting, which will be up in the sofit area. We are, basically -- same square footage we had previously. It changed more to a hip roof with split face block and it will be more in an tan -- a two-tone tan color block. Just made that decision on the financial side of it. The gated area, we have lost a couple trailers already across the street and primarily what we want to put back in there will be our trailers, which are typically empty at the time. We don't typically store lumber. We are not a company that collects goods. We try to use what we have and we don't want to collect it, because it tends to just stay around forever anyway. So, basically, the back storage area is just for our security. They do have knocks boxes that you put on the padlocks, so the police and fire department have access to that at anytime and we will be providing that as part of the conditions. Landscaping, like you mentioned, there is a 20-foot landscape buffer on the east side. It's not the best maintained and I will -- I mentioned I would talk to John Barnes, who -- I know we have an association meeting coming up and I will try to bring that up during that association meeting, too, that there needs to be a little maintenance done on that, but we, basically, provided the landscaping as we required by the original development agreement when John Barnes brought it through. At this point I will open it for any questions that you may have. De Weerd: Council, any questions? Thank you. Falash: Thank you. De Weerd: Okay. Is there any testimony on this application? Thank you. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing on CUP 05-009. Wardle: Second. De Weerd: Okay. The motion is to approve Item 13. Baird: Madam Mayor? De Weerd: Yes. Baird: I believe the motion on the floor would be to close the Public Hearing. Meridian City Council Aprii 19,2005 Page 35 of 77 De Weerd: I'm sorry. Donnell: Did I do that? I did say that, didn't I? Bird: It went over my head, too, Tammy. De Weerd: All those in favor of closing the Public Hearing? MOTION CARRIED: ALL AYES. De Weerd: Okay. Mrs. Donnell. Donnell: Making me doubt my motions. Madam Mayor, I'd like to make a motion to approve CUP 05-009, request for Conditional Use Permit for Medimont Subdivision No. 1. Bird: And also the findings. Donnell: And also the findings. Rountree: Second. Wardle: Second. De Weerd: Good catch, Mr. Bird. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Council, I think most of the people are here for this next item and do you need a break or do you want to just go ahead and go for it? Donnell: Let's go. Item 14: Public Hearing: MI 05-001 Request for approval to construct a golf course maintenance equipment storage and repair shop for Cherrv Lane Golf Course by The City of Meridian - east of North Black Cat Road and north of West Cherry Lane: De Weerd: Okay. Item 14 is Public Hearing MI 05-001. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. Since the majority of you are probably more familiar with the site than I am, I will just touch on some of the Meridian City Councii April 19,2005 Page 36 of 77 highlights from the Planning and Zoning Department. The application was submitted to us, a miscellaneous application, which we do require public hearings on. The request is for a new golf course maintenance equipment storage and repair shop. The applicant submitted this aerial with their application. Talimar Boulevard is here running north- south. The existing parking lot and clubhouse are located here on the north upper end of this slide. I'm sorry. About here. The location that they showed on their slide for the building was here at the south end next to the drain. The elevations that they submitted are photos that are from the Boise Ranch Golf Course, I believe, and it is a steel metal sided building approximately 5,400 square feet, 45 by 120, and the location, again, is approximately 50 feet. It's difficult to tell on this slide, but approximately 50 feet behind the sidewalk and about 150 south of the clubhouse and about 20 feet north of their south property line. In 2002, as I noted in the report, Mayor Corrie at that time did have some discussions with the lessee and the neighborhood was, essentially, told that there would be an opportunity to comment should a storage maintenance facility come forth. And that's one of the reasons that you're here. In staff's analysis we looked, really, mainly at the zoning ordinance purpose and goals and we included in there four -- I think it was -- yeah, four goals of -- that come from Title 11, Chapter 1, that, essentially, talk about the compatibility of uses with the surrounding community and encouraging excellence and creativity and design of future developments, et cetera. We have recommended that -- that the building as proposed not be approved by Council. We have recommended a couple of different recommendations -- I'm sorry -- standards that would be placed on the building. One of those is that the exterior building materials would be stone, brick, wood, or some other native material. Smooth faced concrete block, tilt up concrete or pre-fab steel would not be permitted. We also have recommended that the color of the building materials must compliment the clubhouse and surrounding area. That the roof design demonstrates at least one of the following: That would be overhanging eaves, sloped roofs, two or more roof planes, varying parapet heights and cornices. So, just so you know, that these are standards that we have included in the pending zoning ordinance that is coming before you in a month or so for some buildings. And we have also recommended that the building side that faces Talimar must incorporate some modulations in it and not be flat faced. there is also a condition that talks about landscaping and providing a landscape buffer on the south and the west, that would be in compliance with our landscape ordinance and that the building setbacks be required per Meridian city code. We have asked that the applicant tonight clarify a couple of items for you. One of those has to do with the building design that you see here, which isn't coming up very well, but an open shed type design that is -- has a roof and one wall on it, whether or not that's accurately part of their intention, or if that was -- you know, if that's part of the 5,400 square feet that they are proposing. The second item we wanted to clarify was the hours of operation and what they anticipate those to be. So, those are the comments that we included for you. If you recommend approval, these are the conditions that are in the miscellaneous application. There are no findings for this. If you do recommend approval tonight, that would be inclusive of just these conditions without findings. Unless you ask us to prepare those. De Weerd: Okay. Council, any questions? Meridian City Coundi April 19,2005 Page 37 of 77 Bird: I have none. De Weerd: Okay. Is the applicant here? Davis: Madam Mayor, Members of the Council, yes, we are proposing this -- De Weerd: Mr. Davis -- Davis: Oh, I'm sorry. My name is Dick Davis, 7048 South Shadow Moss in Boise, Idaho, is my address right now. We are in the process of partnering with the city in Cherry Lane Golf Course. We have submitted this application for a maintenance facility. Cherry Lane Golf Course does not have a maintenance facility right now. It's an essential part of the golf course operation. We have to have some place to store our material -- or our equipment, repair our equipment, and this -- this spot that we picked on the -- on the golf course presently is a weed patch and we want to build this building there. It's going to be significantly lower in stature than the clubhouse is. The roof-line. I do have a couple of questions. I don't know -- I don't understand what modulations you want on the -- on the west side. Hawkins-Clark: Do you want me to respond to that? Essentially, what we mean by that is that there is, you know, some variation in the setbacks along the facade, so that as you're looking at the structure from the side you would, actually, have some variations in the -- in the face and we can provide examples, but -- Davis: Okay. Fine and dandy. That's -- that gives me an idea. Okay. There will be no open shed as was in that picture there. That's just the one that we had at Boise Ranch Golf Course. This -- this facility will be totally enclosed with doors that close. The equipment will be stored in there and it will be locked up at night with doors facing to the east. We realize that, you know, we are going to need to put some landscaping around it and that's -- that's no problem as far we are concerned. Hours of operation. I believe the -- there is some regulations on parks and public facilities on hours of operation and we certainly intend to abide by those hours of operation. We are not going to be starting mowers at 1 :00 o'clock in the morning. I don't know what it is, Ted, that the hours of operation for parks are right now, but I think we have gone over that before and that's no problem as far as we are concerned. Baird: Madam Mayor, could I respond to that, just for public information? De Weerd: Yes, please. Baird: The hours of operation for park facilities, they will be open one half hour before sunrise and close one half hour after sunset, unless otherwise provided for. And just to give further information on that, we'd certainly anticipate that the clubhouse would be operating in a different set of hours, but that will be provided for in the amendments to the lease agreement. Not before you tonight. Meridian City Council Aprii 19, 2005 Page 38 of 77 Davis: There is one thing in this application as stated. We really would like sewer services to this building if at all possible. I would like -- I would, you know, restroom facilities for our employees in this building, so that they are not having to traipse into the clubhouse with their greasy clothes and that sort of thing. So, we would -- we would like sewer services to this -- to this maintenance facility. The reason we located it where we did locate it is we have already had brief discussion with the parks and rec department here in Meridian and they'd like to see some tennis courts put in and we think that would be, you know, a great amenity for the golf course and the City of Meridian and we moved it as far as we could to the south, so that we would have room for tennis courts to the north of that building, between that -- between the maintenance facility and the clubhouse. So, you know, tennis courts are certainly a possibility for the City of Meridian there and we would be more than happy to work with the City of Meridian in establishing some tennis courts. So, that's -- that's why we moved it as far south as we did. You know, I can see they want us to move it a little bit and that's probably not a problem, because we got plenty of room there to build tennis courts in the future. I guess that's about alii got to say. De Weerd: Okay. Council, any questions at this point? Bird: I have none at this time. Donnell: No. De Weerd: Thank you. We will invite you back up after public testimony. Davis: Okay. De Weerd: Thank you. I do have a number of people signed up. As I call your name, if you'd like to step forward and provide testimony when I call your name, please, do so. I have Frank LaGrande. For. LaGrande: My name is Frank LaGrande. I live at 3603 Muirfield in Meridian. De Weerd: Thank you. LaGrande: And also I live on the golf course and I keep thinking how fast Meridian is growing and what a wonderful asset to have a golf course right here in Meridian and, as you know, the golf course has been in disarray for a good number of years and now we have the chance to have, really, a good golf course and someone that's going to take care of it. Needless to say, they need equipment to take care of it and I'm confident that they are going to get new equipment and they need someplace to keep it and I can't see any other place than the location that they have requested. So, I hope the City Council approves it. De Weerd: Thank you, Mr. LaGrande. Any questions, Council? Okay. Okay. Mike Lesh. For. Meridian City Councii April 19,2005 Page 39 of 77 Lesh: Madam Mayor, Council, my name is Mike Lesh at 3753 West Moon Lake, that's also on the golf course, and I would basically like to echo Mr. LaGrande's remarks, because the golf course is a tremendous asset to all of us, not only that live on the golf course, but surrounding areas in the community and probably the western hemisphere. At any rate, to have a great golf course you have to have equipment and people and to have equipment you have to have a place to keep it and I think this proposal is just right. I'm in favor of it. Thank you. De Weerd: Thank you. Ken Marler. For. Marler: Madam Mayor, City Council, I'd like to comment just that -- De Weerd: If you will, please, state your name and address. Marler: Oh. Ken Marler. I live at 2390 Crooked Creek Lane. My view is over the 9th green from the west side. De Weerd: Thank you. Marler: On my location we won't be directly affected by this. It's going to be a needed feature of the golf course. It's something that's going to have to go somewhere. I'm not sure if there is any other better location. With hearing the recommendations from the Planning and Zoning in regards to the construction materials and stuff, I think that something could be -- hopefully, something could be worked out and looking forward to the forward progression and success of the golf course and the new operator. Thank you. De Weerd: Thank you. Dan Berard. I apologize in advance if I don't say your name right. And I already affected Mr. LeGrande, so -- Berard: That's all right. I'm Dan Berard. I live on the golf course also and I totally agree -- De Weerd: State your address, too. Berard: 3439 West Moon Lake Drive. De Weerd: Thank you. Berard: And I agree with the previous gentleman, that we do need a maintenance shed and that seems to be the appropriate place to put it and I agree with the other comments that they made. Thank you. De Weerd: Thank you. And Lorna? Also for. Thank you. Jacqueline Call. For. Thank you. And Phil -- I'm sorry. Gilman. For. Meridian City Council April 19,2005 Page 40 of 77 Gilman: Madam Mayor and City Council, my name is Phil Gilman. I reside at 3645 Woodmont Drive. Live on the golf course and I'm currently an employee of Cherry Lane Recreation and, hopefully, can continue on with Mr. Davis in his operation. Therefore-- Rountree: No conflict there. De Weerd: There is no pressure from behind you. Gilman: I have worked at the golf course now for seven years in the pro shop and have spent considerable time listening to and trying to comment to playing public and others on the conditions, et cetera, that has existed over the years and I look forward to the next years coming up as an opportunity, as has been expressed, particularly by Mr. LaGrande and by Mr. Davis, of improvement of what can really be a jewel to this city of Meridian and I know one of the main things they have got to have is proper facilities for maintenance equipment storage, repair, supplies and such, and those of you, I'm sure, all of you on the Council and many here are familiar with the layout of the golf course and realize that there is little opportunity for such a facility, other than what is being recommended as the siting of this particular facility. I think for the recommendations of the Planning and Zoning Commission that there will be a facility that compliments that which exists already in the clubhouse, as well as the neighborhood and the golf course itself, particularly as we see it improving over the years. And I do fully support the application and the continuance of the development of this facility and the golf course itself. Thank you. De Weerd: Thank you. Patricia Dustin. Against. Dustin: Mayor. City Council. De Weerd: If you will state your name and address. Dustin: My name is Patricia Dustin. I live at 4214 West Dawson Drive. I'm sure that if any of you on the Council or the proponents lived right across the street from what was proposed and you saw those buildings, as they show them, that you would definitely be standing where I am here today. I am speaking for the Peltons and Andy and Adula, who are on that list. I'm also speaking for Jack Anderson, who is at a golf tournament and can't be here tonight. Speaking for myself. For Justin Aires. And Jason Hohn will speak for himself here and my husband will also speak for himself. But this proposed equipment and repair building will directly affect seven homeowners in the area. Now, that's directly affect. Now, it will also affect numerous homeowners in the area indirectly. There is five homeowners in Ashford Greens and the street there that they mentioned was Palimoren, but it's actually right across the street from Dawson Drive. It will be those homeowners at 4204 West Dawson Drive, 4208 West Dawson Drive, 4214 West Dawson Drive, 4220 West Dawson Drive, and 4226 West Dawson Drive. Those are the five that it will directly affect in Ashford Greens. Then, it will also affect seven homes in the lakes area and they weren't -- I talked to several of them and they weren't Meridian City Councii Aprii 19,2005 Page 41 of 77 even sent letters on -- on this proposal. So, I talked to several of them and that's what they told me. So, I guess the main thing that we are concerned about is property value. You have a commercial building like this going across the street from you, especially with color and -- your property value is going to go down. Definitely, we know that, if this goes in. Now, these people submitted, along with myself, submitted written statements, too, and -- so I know my time's up, but since I'm speaking for a few others here, the views -- our views are going to be completely destroyed. We bought our property because we had these views in the front and the back. We, particularly, were from property in Tetonia, Idaho, that was ten acres and so we specifically hunted and hunted to find a property that didn't confine us in and so right now if that building goes in, our views are completely destroyed of the fairways, the lake, the greens, and so that's one of the reasons why we are concerned, along with the other reasons that I have stated. Now, there is no reason why they can't consider some other area for this building. Down at the north end of their of parking lot, if they put a building down at the north end of their parking lot, up there by Harbor Drive, across the street is the golf course, there is hardly a home that would be affected by that up there. And, you know, there is better places to put that, rather than down there where seven homes would be affected, in my point of view. So, I know my time is up, then, a few others want to speak, so thank you. De Weerd: Thank you. Okay. Miles Dustin. Against. M. Dustin: Yes. My name is Miles Dustin. I reside at4214 West Dawson Drive. De Weerd: Thank you. M. Dustin: Honorable Mayor and Councilmen. We wish to express definite disapproval of this for the mentions that my wife has given. I'm 84 years old and we looked a long time to find a piece of property, since I can't play golf anymore that at least I could watch it. If I could have that pointer. There are five houses right here on West Dawson that are directly across the street from this proposed building. These are all expensive homes, in the 275 to 300 thousand dollar range. Now, I'm sure that if any of you was to have a commercial building stuck in front of your home like that that would block the view that you -- for which purpose you had purchased the property, you would be just a little bit chagrined and we are. The area farther to the north here. where they are talking about a tennis court -- I'm all for progress and I'm glad to see that they are going to put in a facility to maintain their equipment. They need it. But I don't think that's the place for it. The houses -- let's see, this is -- I'm not sure what we have got here. Is this the row of houses? We are the third house. There is -- the seven houses in here are the ones that bar their view. I have a -- I have a bonus room upstairs in my building, my home, that looks directly across here to the 18th fairway, the 18th green. I can sit there and I can watch the golfers who come in all the way -- I can see all the way down that 18th green and I can watch the action on the whole green. I can also see the 10th fairway, which is down the north side of the lake there. I can see the lake, watch the driving range activity from the clubhouse. In fact, all of this was the very reason for which we purchased this home. It, obviously, was going to be the last home we were Meridian City Councii April 19,2005 Page 42 of 77 going to buy and we wanted something that would be entertaining to us where we couldn't get out and do the things that we used to do. So, this is our big objection to it, is the fact that we have a commercial building in a residential zone. Thank you. De Weerd: Thank you, sir. Rountree: Madam Mayor, I have a question for Mr. Dustin. De Weerd: Mr. Rountree. M. Dustin: Pardon? Rountree: I have a question for you, sir. You mentioned in your testimony the idea of tennis courts, but you didn't tell me how you felt about that. M. Dustin: I have no objection to tennis courts there. Rountree: Thank you. De Weerd: Thank you. Okay. Mr. Jason Hohn. Hohn: My name is Jason Hohn and I live at 4226 West Dawson. Madam Mayor, Council Members, I, too, am going to be obstructed. I welcome Mr. Davis and I welcome his money. I think the golf course really needs it and I think he needs a shed, I just think that we can come up with maybe a better alternative as to where to store that - - where to place that. I think in talking with some of the previous owners, at least those of the golf course, they proposed another site just north of the golf course and I just want to find out why -- or north of the clubhouse there and I would actually like to know why that's not a better option, because there is -- as the Dustins have mentioned -- and I think it was just actually east of the -- as I understand it, I think it was like right in this area in here that they were -- that they were considering it initially and there, really, is no obstruction there at all as to -- you know, this is only a parking lot, that's already an eye sore, there is no threat at all. But this walkway right along here is just gorgeous looking out over the 18th green and you can see all the way across from this pathway here and just having a commercial building I think is going to be hard on the subdivision itself. We have pretty strict guidelines and code that we have to adhere to to make sure that our property looks nice and, then, to have something like that go right across the street and I'm sure that if that is the location that it needs to be, I would, then, definitely approve of the staff's recommendation of the upgraded look and facade of the building, so that -- so that we don't have to look at a metal building. That's just going to be really hard on us. I think the only person living in that area that I know of that has -- that would like that is my two year old son who likes the big trucks. So, other than that, I would just like to -- like to suggest to Mr. Davis to maybe find another location that works and that's alii have to say. Thank you. De Weerd: Thank you. Sherry Hohn. Meridian City Councii April 19,2005 Page 43 of 77 Hohn: Oh, that was my wife and she couldn't be here. Rountree: Was or still is? De Weerd: Okay. Gordon Margulieux. Margulieux: My name is Gordon Margulieux, 2040 Interlachen in Meridian. De Weerd: Thank you. Margulieux: And I first have to say that they do need a storage shed and I do also have to agree with the staff finding which said that -- that, however, as proposed, we do not be.lieve this structure is compatible or harmonious with the surrounding neighborhood and character. One of the things we lack with this plan is a plan. We see no drawings other than that. What is not included in that plan that you see up there, if we hold true to what they said during the pre-Council meeting, it was going to look like the Boise Ranch, with the exception of the open -- not have the open shed, but they didn't say that there is two fuel tanks that hang out there, too, on the outside of that, that are six feet tall, that whole one -- you know, like the Boise Ranch, that hold a hundred gallons of diesel and 200 gallons of regular fuel within distance of just ten yards -- or ten feet of the irrigation ditch -- open irrigation ditch. It doesn't tell you that the lights come on at night. Those are security lights, they are not there for -- so the people along Dawson may have it easy, they can sleep at night. The people that are south, they are going to be looking at lights, Halogen lights, they have three of them on a hundred foot long building at their Boise Ranch and they were talking about having three or four lights here, so I could see them having four lights that shine east on those houses over there. All those houses over there have short fences, so they can watch their -- see the golf course. The closest fence -- or closest house to that building will be 60 feet away. So, that's going to be -- you know, they are going to have to deal with that. Some of the other things I saw at Boise Ranch Golf Course is there is trash around there. There is not -- there is old tires, there is tarps, there is pipes that are around that shed and I'm not sure if it's going to be the -- there is a lot of weeds up against that shed. I'm not sure what to -- there is nothing -- there is no plan that we have here and I think the reason why is because we also have the wrong application. We are doing a miscellaneous application for what should be a Conditional Use Permit or a variance. This is a residential zone and you're putting in a structure that is over twice the size of my house, a commercial structure right along that area. I think it needs a little bit more planning than what you have right now. A safety concern I have -- again, it's an irrigation ditch along that entire 120-foot length and 45-foot length on the south side is going to be within -- De Weerd: Mr. Margulieux, will you, please, summarize. Margulieux: Okay. Meridian City Council April 19,2005 Page 44 of 77 De Weerd: Thank you. Margulieux: So, what I have got to say is that -- is that the tanks right now have no protection at the Boise Ranch and if someone bumped into it, it could knock it over, end up in the ditch, and 50 feet down the water goes underneath the culvert. Now, the EPA says that there is no regulation for a hundred gallon tank, but they said if it spills they will be there and they will supervise the clean up. One other thing is -- one of the things that I see missing from the plan is the footprint -- the total footprint of this. Because if you look at it, they are talking about just the shed being 45 and 120, but there is going to be some driveway going into it, there is going to be some asphalt around it, get a plan, show us what they want to do, actual drawings, property lines, stuff like that, so we can take a look at it. De Weerd: Thank you. Any questions from Council? Rountree: I have none. De Weerd: Okay. Thank you. Is there any further testimony on this application? Okay. Would the applicant like to respond, please. Davis: Thank you, Madam Mayor, Councilmen. Here, again, I'm Dick Davis, 7048 West Shadow Moss in Boise, Idaho. We -- you know -- and I appreciate the comments of everybody. We want to be a good neighbor and we want to be a good partner with the City of Meridian and -- but we have to have a building somewhere and there are -- there are very few spot on the golf course that we can have a building that's big enough to do what we need to do. Mrs. Dustin mentioned on the other side of the Harbor Point Drive there. We looked at that, but there is not enough room there. There is not enough room for a building like this to do what we need to do. We have -- Mr. Hohn mentioned the place north of the clubhouse. That's -- that's very tight for a building this size and we really think that we need a parking lot there in the future, because our parking lot is not going to be big enough. I firmly believe that. The parking lot never gets full right now, but it isn't going to be big enough three years from now. So, we were kind of looking at that area for a parking lot, the area north of the -- north of the clubhouse. True, there will be -- there will be fuel storage there. We will build -- we will build fuel storage that meets EPA standards. We have to have fuel. The equipment all runs on either gasoline or diesel, so we have to have fuel. But we will build an EPA approved fuel storage area, so that if we do have a spill it don't get out of the area where the fuel tanks are. That's -- that, I think, is a recommendation or a necessity. I don't think we can do anything else. So, the chance of fuel getting into the -- into the canal there is remote at best. It is a lot farther than ten feet from the canal. It's probably more like 50 or60 feet from the canal. I do take exception with Mr. Margulieux's assessment of the facility at Boise Ranch. There aren't weeds around it. There were some tarps in the open shed area. Those were covering up fertilizer to keep rain from blowing in on it. There isn't trash stacked around the maintenance facility at Boise Ranch. Or at least there wasn't three weeks ago when I left. So, I do take exception to that. We will work with the city to provide -- to provide a facility that is compatible with the architecture of Meridian City Council Aprii 19.2005 Page 45 of 77 the clubhouse to make it as attractive as possible. We do want to asphalt a bunch of that area and get rid of the weeds. It's probably not as high as what you people may even think it is. It ends up being 14 and a half-foot at the very peak of the building. So, you know, you talk about property values going down, perhaps with a really nice golf course, even though there is a maintenance facility maybe in your view to the one side, your property values may be increased because of the quality of the amenity you're living on. So, we want to be a good neighbor, we want to be a good partner with the City of Meridian, and we will certainly build things as they ask us to to make it meet the architectural specifications that look nice there. We will landscape around it and we will do everything we can to be good neighbors. De Weerd: Thank you, Mr. Davis. Questions from Council? Rountree: Madam Mayor? Mr. Davis, from your comments I think you answered my question, but in your previous testimony you did not address the staff comments. I take it from what you just said that you agree with what you heard from staff in terms of some architectural design aspects of this facility, as opposed to a smooth block or concrete or metal building? Davis: Absolutely, Rountree: Okay. And if you'd hold on for a second, I have a question for Brad. Brad, do you know the location of the sewer or the status of the sewer -- that line that services the clubhouse? Is there sufficient capacity in that line that could accommodate an additional restroom in an outbuilding? Watson: Madam Mayor and Councilmember Rountree, there is sufficient capacity. The sewer extends up Dawson Drive and terminates at the last house on the west side. I do remember that the sewer is extremely shallow when it gets to that point and with the Eight Mile Lateral between the sewer and this proposed shop, I'm not sure it will flow by gravity. There may be some innovative solution that Mr. Davis and his builder can come up with as far as a private sump pump system. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: What's the service for the clubhouse? Is it off the Dawson or is it -- Watson: No. It comes, actually, off of Harbor Point Drive, I believe. Well, it may come off of Talimar. It's been awhile. But it's a really long service line that crosses underneath the lateral and barely makes it to the clubhouse. Rountree: Would that be able to service a facility at the location proposed or possibly a location to the north of the current clubhouse? Meridian City Council April1g,2005 Page 46 of 77 Watson: Councilmember Rountree, I think it would be very difficult physically to even get that service down south to that maintenance shop at one percent. It's shallow at the clubhouse. Code also doesn't allow us to put two separate buildings on any service line, so -- Rountree: Madam Mayor, follow up. My question was the service line is not adequate for additional -- Watson: No. Rountree: Okay. Madam Mayor? De Weerd: Uh-huh. Rountree: You did address the additional location -- the location to the north. The reason being that you have some concern that it's probably not adequate in terms of space, but it does seem to address some of the issues in terms of the view and proximity to neighbors. The other reason you sited was future parking. Could parking also not be provided in the southern location? Davis: It certainly could. Rountree: I have no further questions, but thank you. Davis: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got one for Brad. Going back to the sewer issue. If it was -- if that facility was to the north -- and I don't know, Mr. Davis, if -- if there is enough room to put that large a facility to the north of your facility in that weed patch there. It is. But we could come off of that road and bring the sewer in -- and I realize we can't put two buildings on the same sewer line, but there is certainly capacity in there at Harbor Point, isn't there, Brad, to come down? Watson: Madam Mayor, Council member Bird, capacity is not an issue for a facility like this, which I would assume would just be a single -- sorry, I'm stumbling on the term here. Bird: A single seater-- De Weerd: One seater. Meridian City Council Aprii 19. 2005 Page 47 of 77 Watson: Capacity is not an issue, it's just the ability to get a single service through the parking lot and across the ditch -- or the lateral. I do remember historically when the clubhouse was built it was different to make grade to get that service there. Bird: Was it because of Harbor Point's depth or was it because of just the flow, the lay of the ground? Watson: It was because of the lateral and trying to sneak under it with the clearance that Nampa-Meridian requires. It has to be at least very minimum 18 inches and they want three feet below it to get it that far and that was the controlling factor. Bird: Could you come down -- this is a dumb question -- off of Harbor Point, could you come down the east side of the lateral? Because that -- if I remember right, that sewer runs in Harbor Point, don't it? Watson: Yes. Again, it could be possible, it would just need to be surveyed and designed. Bird: To me it seems like it would be easier at that end than it is going to be at the south, because you have still got the lateral to worry about getting through there and it probably is going to take a lift station. Watson: Madam Mayor, Councilmember Bird, my intuition is it's going to take a pump. Bird: I beg your pardon? Watson: My feeling is it will take a pump until the builder or somebody goes out and surveys this. I can't tell you for sure what the best solution is. Bird: At the south end and the north end both, Brad? Watson: Yes. Bird: Okay. Thank you. De Weerd: Council, anymore questions for the applicant? Is there anything you would like to add? Davis: Thank you for your time. De Weerd: Thank you. Okay. Council? Rountree: Any other testimony? I have no further comments. De Weerd: No. If there is no further testimony, we will ask -- I would say it's never too late, but sometimes it is. Come on forward. Meridian City Council April 19,2005 Page 48 of 77 Bird: An hour from now it would be too late. De Weerd: If you will, please, state your name and address. L. Berard: Lorna Berard. De Weerd: You can pull that down. L. Berard: Lorna Berard, 4439 West Moon Lake Drive. I just want to make the statement that I think no matter where a buildings goes, any of the three locations, it's going to impact houses. It's bottom line. And I just think that needed to be -- it's going to impact -- you don't always have the view from both the front and the back of your house. It's a great thing. But houses are going to be impacted by whatever happens. Thank you. De Weerd: Thank you. The applicant is always allowed the last word. Do you have anything further? Davis: I can't top that. De Weerd: You've already -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further public testimony, I move that we close the Public Hearing on Item No. 14. Bird: Second. De Weerd: The motion is to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I'll see if I can get the discussion kicked off with a motion here. I move that we approve Item No. 14, MI 05-001 and to include all staff and applicant comments in response to comments of building materials and the specific construction standards. Bird: Second. Meridian City Council Aprii 19.2005 Page 49 of 77 De Weerd: Okay. The motion is to approve Item 14. Is there any-- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just for discussion, Brad, the question was asked what you meant by -- was it undulating -- Watson: Modulating. Rountree: -- modulating. Whatever. For clarification, I'm just going to throw this out as a suggestion in terms of language, that the -- the exterior of the building facing the street, assuming this motion gets approved, would reflect that of a residence and reflect the architecture that currently exists with the clubhouse in terms of a hipped type roof, a stucco, with architectural treatment or block or siding or something that would reflect an architectural treatment, that they would reflect a residence, as opposed to a commercial building, and that be included in the language, and I will throw that open as discussion and consideration by the maker of the motion and the second. Hawkins-Clark: Madam Mayor? De Weerd: Yes. Hawkins-Clark: If I could also make a comment, that condition number one does currently state that the -- about sewer service not being provided, so you would need to strike that, if it sounds like what I'm hearing the discussion lead towards is to allow the -- the restroom facility, if it can be approved through Public Works standards, of course. Wardle: Madam Mayor, to clarify the motion, it would be to strike that if it were to be able to be provided by Public Works. Bird: Second agrees. De Weerd: And does the motion maker also agree with the clarification at least on the street side of the facility? Wardle: The maker of the motion agrees with a portion of that statement and I believe that it should resemble -- it should fit in with the residences. I don't believe I would specifically -- if I recall the homes directly to the west of that, the facades of those homes are very nice and I'm not sure that I would require that level of finish work to the exterior of this building. Bird: Second agrees. Meridian City Councii April 19,2005 Page 50 of 77 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Further clarification. There was an indication that landscaping would be provided. I would like to see staff have a landscape plan that's reviewed and consistent with the city's landscape ordinance. Is that a part of the condition? Hawkins-Clark: It is a part of the conditions. Yes. Thank you. I should have clarified that. Rountree: Okay. Hawkins-Clark: Yeah. The certificate of zoning compliance application requires much more detail than what is reflected here and we would need that. Rountree: Okay. Hawkins-Clark: If you move -- if you did proceed as you are, I guess I might ask for a little clarification on the building height. If you want to put a maximum -- if you want this to be allowed to go to the maximum in this zone, the R-4, then, you know, that does allow over 30 feet and if they do provide it, we have asked for some roof lines that represent more of a residential architecture style in order for them to still get their equipment, et cetera, in there is to put the walls up to whatever level they need to to fit their equipment in there. I guess I'm just pointing out that they may need to -- the ultimate roof line may increase in order to accommodate that equipment and so it would be helpful I think for us when we are reviewing this, when they come back to us with an actual drawing, to maybe have that maximum height there. Rountree: Twenty feet? Hawkins-Clark: And I guess I -- you know, I mean 20 -- you know, 15, 16, 17 feet. I mean there is a lot of variations that fall into it as it's currently written. So just maybe some clarification for us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the height -- on the height with trusses and stuff in there -- I don't know what size lawnmowers and stuff -- or equipment they are going to be putting in there. I do agree with having a height restriction on it and not the zoning height. I think it needs to be lower than that. But I also think we need to make sure that it is -- it is so that they can get their larger mowers or whatever that -- whatever equipment they need in there. They might need some kind of a pulley effect to pull engines or something like that, to work on and stuff. So, I think we need to look in and also talk to the applicant of what Meridian City Council April 19,2005 Page 51 of 77 height it would be, but we can put a restriction on height, if it's workable for everybody. On this -- De Weerd: Mr. Bird, would you like me to open the Public Hearing for comment from the applicant, at least, to make comment to height? Bird: I got one other follow-up question, one -- what is the -- all the houses on Dawson and stuff, are they stucco? Because I got a problem with stucco at a maintenance facility. You got equipment going around there all the time and you're going to be dinging it. Mr. Davis is going to be out there with a stucco gun continually to make it look good. I'm not too sure that I wouldn't, if I was living across the street, I would sooner see vinyl siding or something like that, because I think in that Cherry Lane Subdivision and Ashford, there is a lot of vinyl siding. I hate to see us restrict it just to the stucco. Hawkins-Clark: Yeah. And as written it doesn't just restrict it to the stucco. It allows them flexibility there for other types of materials that are high quality materials. Bird: But our change was to stucco. Wardle: The motion didn't agree to it and I don't believe the second did either. Bird: And the second didn't either. Rountree: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If you would, please, open the Public Hearing back up, I'd like to clear just a maximum height, so that we can move forward and, obviously, try to get under that. De Weerd: Okay. I will open the Public Hearing for Mr. Davis' comments. Davis: The height wouldn't need to be over about 18 feet, probably. You know, we definitely don't want to build a 30-foot structure, because we don't want to heat it, so -- yeah. Wardle: Mr. Davis? Would you -- Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Thank you. Would you be comfortable with a 20-foot height restriction? Davis: That would be perfect. Meridian City Council April 19,2005 Page 52 of 77 Wardle: Okay. Davis: That would be perfect. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: With that clarification, I move that we close the Public Hearing. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: The maker of the motion would like to amend his motion to include the maximum height restriction to 20 feet, if the second agrees. Bird: Second agrees. De Weerd: Okay. Is there any further discussion? I guess I would have just one question. Brad, on the west side of the building is that not an irrigation canal? Can there be landscaping in that area? I guess at least to make mention of landscape requirements, that there would need to be the appropriate distance. Hawkins-Clark: Thank you, Madam Mayor, for that. I was just verifying it. It does appear that there is that there. Normally, you know, we ask for ten feet behind the sidewalk, all landscaping, no building encroachments. You know, it's possible to accommodate some tree species in less than that, so I think if -- what I would encourage is just to require them to provide the minimum one tree for every 35 lineal feet and shrubs and whatever distance they need to back away from the lateral to get that in there, maybe it could be six feet, they wouldn't have to comply with the ten, but enough that they can provide the required planting material. De Weerd: And that can be worked out at staff level? Wardle: Yes. And thank you, Madam Mayor, I was just going to say that my motion included comments by the applicant to provide landscaping and we have had some discussions with -- in the past on different applications with the irrigation district. They Meridian City Council Aprii 19,2005 Page 53 of 77 have specific requirements and I would suggest that staff level requirements include that review. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. I'm not repeating the motion. Bird: Why not? De Weerd: I hope everyone was tracking that. It put a maximum roof height. That it also adhere to the staff comments, as well as the applicant's comments, with the landscaping material, appropriate setbacks, and -- was there anything further, Mr. Wardle? Okay. Berg: Madam Mayor, if I could ask a question. I know that we talked about no findings being required, but as part of the record and having to go back to it and looking up conditions, sometimes it's nicer if things are listed in a format that talks about the specifics. I know we have the minutes we can look through, but like this motion, we will be looking through a couple different pages of testimony to determine that motion. I would just recommend we have findings that they don't have to be as long and lengthy as other applicants -- applications, but it would be easier to document and look through. De Weerd: Thank you, Mr. Berg. I would ask Mr. City Attorney what his thoughts are. Baird: Thank you, Madam Mayor, Members of the Council. I know -- in following this transaction, I know we have a Public Hearing next week, but I also know that there is certain time lines that the applicant is required to meet. I would suggest that we come up with a solution that would allow you to give your final approval tonight, rather than setting it over until next week for review of findings. Perhaps we could take a moment and write out the motion and read it into the record, so that could be the final record of your intent in this approval, if it's your desire to make a final approval tonight. That would be my suggestion on how you might want to handle that. De Weerd: Okay. One final note is the sewer issue, so -- that I didn't bring up. So, Mr. Motion Maker, would you like to, please, say it in a concise and short summary, Wardle: Let me ask the city attorney. Are you comfortable with me restating the motion? Baird: Yes. Wardle: That will do for our final decision? Baird: Yes. Wardle: Okay. If I miss anything, let me know. Meridian City Council April 19,2005 Page 54 of 77 De Weerd: You will in two pages. Wardle: Madam Mayor, to restate my motion on Item No. 14, MI 05-001, I'd move that we approve the request to approve -- the request to construct a. golf course maintenance, equipment storage, and repair shop for Cherry Lane Golf Course by the City of Meridian, east of North Black Cat Road and north of West Cherry Lane and to include the applicant's agreement with staff comments on specific construction materials, the discussion in regards to landscaping and meeting the minimum requirements, in addition to working with the irrigation district on how to properly landscape that area, the discussion with Public Works about the striking of item number one if sewer is available through the Public Works Department and the specific building height restriction to no more than 20 feet. Bird: Second agrees. De Weerd: Okay. You have heard the motion. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Thank you. Okay. Item 15 is Public Hearing MI 05-002 -- Council, if we could take a five minute break. (Recess.) Item 15: Public Hearing: MI 05-002 Request for a Miscellaneous application for approval to display and sell Jacuzzi models and one (1) above ground pool for the months April to October for Custom Pools and Patio by Custom Pools and Patio - 322 South Main Street: De Weerd: Okay. I'm sorry. We will reconvene. Item 15 is Public Hearing for MI 05- 002. I will open this Public Hearing with staff comments. Donnell: Fast staff comments. Hawkins-Clark: Fast. We will make it quick. De Weerd: But we do have public here, so they need to be -- Hawkins-Clark: Quick and accurate. How about that? Okay. This is a miscellaneous application. It's on the property of Meridian Speedway, the creamery -- not the creamery, the barn buildings -- the barns on there near that site. Storey Park. The application specifically is here at the very north end of the site. What they are proposing to do is to construct a temporary use through October of this year. The temporary use is for the sale of custom pools and jacuzzis. So, this is the layout that they submitted. If Meridian City Council April 19,2005 Page 55 of 77 you can make it out, the green is what they are proposing as the booth. There would be a Cyclone fence and the yellow in the middle of that is proposed to be a tent. And the layout is here. It's fairly obvious. The aboveground pool that they are proposing would be here on the north end and, then, these other items would be the jacuzzis. So, as you can see three or four of those are shown outside of the tent itself. Main Street is shown here. So, the Council has reviewed, I think, just two other miscellaneous applications for temporary uses so far, so these are a fairly recent type of application that you're seeing. Fortunately, you won't have to see these much longer if the zoning ordinance gets approved, because we have standards included for temporary uses in there, but what we have -- when we looked at this, a couple of the concerns that staff had related to the -- obviously, one is the appeal along Main Street, setbacks along Main Street, how the parking is going to be working, signage, a lot of those issues we looked at. One thing that we didn't include in our report had to do with restroom facilities and it came up in our meeting today and I guess I would ask the applicant to address that, since they are proposing three -- three days this would operate, Friday, Saturday, Sunday. The hours of operation specifically were listed in there as Friday 10:00 a.m. to 6:00 p.m., Saturday 10:00 a.m. to 7:00 p.m., and Sunday 11:00 a.m. to 5:00 p.m. A couple of the items that we wanted them to address to you tonight for clarification that were not clear to us, one I already mentioned, that's how the restroom facilities will be worked out. The second one is the size. The temporary use -- we normally don't like to see more than 500 square feet for a temporary structure and this one comes in, if you include the whole thing, over a thousand. The tent itself is 600. It's a 20 by 30. But the whole thing is over a thousand, if you include the Cyclone fence. So, I guess that's mainly for the Council to consider. Are you comfortable with that -- with that size. And recognizing that will there be spill over of some of their display material as well. Obviously, we -- this front setback needs to be maintained free and clear of anything 15 feet from the property line in. That's to comply with the C-G zone. So, we have some concerns there. Parking. It's a dirt surface today. It's been used, obviously, for years and years that way. They -- we included in here some standard -- since it's a temporary use, we didn't, obviously, require the parking -- to pave the entire site, but dust mitigation is a concem. Dragging dirt out from the site onto the street is a concern. They need to watch out for that. So, we have included some conditions on that. Noise. We have asked them to address that with you tonight. That's either generators or their other power related things, those were not made clear in the application. There is a number of other site specific conditions that we have asked you to include, if you do recommend approval -- or if you approve this tonight. So, I won't go through those. Those are, I think, pretty clear. Thank you. De Weerd: Thank you, Brad. Any questions for staff? Is the applicant here? If you will, please, state your name and address. Hill: Jerry Hill, 4048 Chinden, Garden City. De Weerd: Thank you. Do you want to pull that closer? Do you have any comments? Meridian City Councii Aprii 19,2005 Page 56 of 77 Hill: The restroom facilities, we can do a porta-potty, I guess, inside the booth or I just won't drink water for three days when -- I'm manning the booth, so -- we can do a porta- potty inside the booth. Pump noise. The only operational thing will be the above-round pool, which is a small pump that's just a 110 pump that runs four to six hours per day. Signage. Because of the way the gates swing open on 1 st Street there, is we don't have a lot of room for signage that faces the street, so we are going to do a sign on the south end of booth and the north end of the booth on each corner, which is a vinyl banner. The tent is a brand new facility. It's through -- Idaho Tent here in town is making that. It's fire retardant. It's passed all the codes there. I talked to Joe Silva, he said he's fine with that, so -- any other questions? Parking. You know, it's hard to anticipate how many cars will be in there. We looked at maybe five to ten a day, you know, going in. For dust control we will have gravel in the booth or indoor-outdoor carpet is what we were looking at, too, so -- none of the spas will be operational. It's a fully fenced and secured facility, so it will be open just Friday, Saturday, and Sunday during the day and it will be fully fenced. It is an above-ground pool, so it's safe, somebody can't walk into it. It's four feet high and, plus, it's a six foot Cyclone fence as a barrier all the way around, so -- with locking gates, so -- De Weerd: And Cyclone is chain link? Hill: Uh-huh. De Weerd: Council, do you have any questions for the applicant? Hill: We do have a signed lease agreement with Meridian Speedway, Ken, at the Speedway. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, this is a question for our attorney. Do we need indemnification or do we get that if we were to move forward with this permit application for anything that might happen in the above-ground pool? I assume from your comment there will be water in that pool? Hill: Yes. Uh-huh. We do have an insurance policy through Weaver Van Dusen, who is our agent at Custom Pools, so they have a rider on there for a million dollars for liability that names this speedway. Baird: Madam Mayor, Members of the Council, and Councilmember Rountree, indeed, you could -- if you were inclined to approve this, you could include as a condition that they provide the city with a copy of certificate of insurance to verify that. Rountree: Thank you. Meridian City Council April 19.2005 Page 57 of 77 De Weerd: Okay. Any further questions for the applicant? No? Thank you. Is there anyone who would like to provide testimony on this application? Okay. Council? If you don't need any further information, I will entertain a motion to close the Public Hearing. Rountree: So moved. Donnell: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 15. All of those in favor say aye. Hawkins-Clark: Madam Mayor? De Weerd: Those against? Rountree: My lips didn't move. De Weerd: I know, They didn't. Was that an aye? Rountree: That's an aye. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Yes, Brad. Hawkins-Clark: Oh, I'm sorry. The fire department did include three conditions that I didn't address. A fire extinguisher and separation. So, if you could just be sure to include that. De Weerd: Thank you. Council, any comment? I guess -- since I get most of the phone calls on our other temporary use and how that kind of went from a little hotdog stand to an outdoor dining experience, I -- until we have an ordinance, I would really like to see these very few and far between. And I just -- this is a gateway into our city. It's already grandfathered gravel -- I mean dirt parking lot. I just see everything that we have been trying to avoid happen right here. A chain link -- and, you know, it's probably better than the taco stand, but I just am really having a problem with some of these temporary uses in areas that don't even meet our current ordinance and so that is my concern and, I'm sorry, I really tried to - to be quiet on this. Rountree: Do you have an opinion on that? De Weerd: Well -- and it is, because my office will get the phone calls on it. So, I will give you my ten cents worth. Inflation. Any other comments? Meridian City Council Aprii 19. 2005 Page 58 of 77 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Most of what you said I agree with in terms of the -- the duration of this request, it exceeds my expectations of what temporary might be when you're looking at seven months. There are a multitude of uses that go on in that facility or that will be competing for space that's used for parking for Dairy Days and et cetera, et cetera. Car racing. So, I don't understand the Dairy board entertaining this and I guess I'm not willing to entertain it at this point. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't believe the Dairy board entertained this motion. I think he said it was with Kenny Hamilton Productions, who leases from the Dairy board. I, too, agree with Charlie on the shortness of parking. I see -- what concerns me is I see he's running on - - he's going to be open until 7:00 o'clock on Saturday nights. If he's got any customers at all, that takes away from the speedway parking, which is Kenny's business, not mine, but I think after the experience we had with our outdoor hotdog stand, I'm going to have to go along and request that it -- I just -- I think we are just asking for more problems and -- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Since this is the discussion portion of this application, I guess I don't see that it's a whole lot different than the fireworks tents that we allow, even though those are for certainly a shorter duration. I think we see these kinds of opportunities for someone to sell their product and I don't think that it's -- it's going to detract from that area at all. I don't think that's a beautiful area when you come into the city as it stands and it's been dirt parking all this time and, frankly, I wish we could take some dirt parking away. So, I would be in support of this application. De Weerd: Mr. Wardle, do you have a motion or -- Rountree: Go ahead and make a motion, Shaun. Wardle: I'll make the motion. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve MI 05-002, Item No. 15. Meridian City Council Aprii 19. 2005 Page 59 of 77 Donnell: I second that. De Weerd: Okay. The motion is to approve Item 15. Staff asked for additional comments, so do you want to elaborate on that nice quick motion, since you motioned to approve? Wardle: I'll make the motion and maybe the Mayor can make the final vote. That the application include all of the staff comments specific to the fire department's request. What else am I missing here? Hours of operation and restroom facility. Donnell: Second agrees. Wardle: And indemnification of insurance. Or, I'm sorry, the certificate of insurance. Donnell: Second agrees. De Weerd: Okay. Bird: Discussion. De Weerd: Discussion, Mr. Bird. Bird: Even though what I said -- why all of a sudden are we asking for insurance identification? We never have before. There is no -- there is absolutely no reason that - - and I mean they could come back on us. Good attorneys can come back on anybody. But he's given a certificate of insurance to the guy he's leasing from. Why all of a sudden are we deciding to do this on one -- one application? We don't even have on some of the contracts insurance on record. So, I can't see that. That's just another reason not to vote for it. De Weerd: Okay. Mr. Berg, would you, please, call roll. Roll-Call: Bird, nay; Rountree, nay; Wardle, yea; Donnell, yea. De Weerd: Nay. Motion fails. MOTION DENIED: TWO AYES. TWO NAYS. MAYOR NAY. De Weerd: Do I have a motion that might pass? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the miscellaneous application MI 05- 002 and that would include all staff comments, that we do not include the request for a Meridian City Council April 19,2005 Page 60 of 77 certificate of insurance, that we do request bathroom facilities and I would like to add that we approve this application for a less amount of time. I guess I'm going to say for at least two months less than what it's been requested, which would make it October. Or September. April through September? April through September, instead of November. I think right now it's April through November. Rountree: October. Donnell: Oh. October. Two months less. April through August. Bird: Or May through September. Donnell: I think it's getting late. De Weerd: April is already half over. Rountree: April through - De Weerd: Okay. Is there a second? Motion dies. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny Item No. 15, the request for temporary permit for MI 05- 002. De Weerd: Okay. Do I have a second? Bird: I'll second it. De Weerd: Okay. The motion is to deny Item 15. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, nay. De Weerd: Aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 16: Discussion of Turn Lanes for The Courtvards at Ten Mile: De Weerd: Okay. Item 16 is discussion of turn lanes for the Courtyard at Ten Mile. Mr. Hawkins-Clark. Hawkins-Clark: Thank you. Madam Mayor, Members of the Council, this item is -- is, essentially, here for your clarification and I'm going to let Mr. Ralphs, who is Meridian City Council April 19,2005 Page 61 of 77 representing the developer tonight, kind of just expand on his letter, which was submitted to you, but, essentially, the reason they are here is to clarify a condition that was in their annexation and zoning development agreement, as well as their preliminary plat, which dealt with Pine Avenue and Ten Mile and the requirement for a center turn lane to be constructed in both of those roads. The application was approved September 2nd, 2003. Right now the thing that's pressing this is they have three four- plex buildings that they want certificates of occupancy one within a week and staff is saying we will not release certificates of occupancy on those buildings, because you have not constructed the turn lanes. I reviewed the minutes pretty carefully from that meeting in 2003. It was not specified that this is -- the turn lane shall be put in before the residential or before any COs or that dealt with the commercial. There was some conversation in your meeting that talked quite a bit about the commercial that they are proposing at the corner and whether or not that turn lane, really, only had to be put in when the commercial came in. The residential is going to generate approximately 350 to 400 trips a day, if you allow all the residential units to go in. So, the vast majority of the trips, when this is built out, are going to be commercial. There was comment from Mrs. Atkinson, Irma Atkinson, who lives north of this, who expressed quit a bit of concern and also read an editorial about -- about this issue, so, you know, staff is just not comfortable releasing any certificates of occupancy without this issue being clarified. So, I think it's mainly a question of timing on this, not whether they will or won't. It's just -- it's a timing question. So, I think that's alii have. Ada County Highway District hasn't changed their position in terms of -- in 2007 Ten Mile Road will be improved, which would include this intersection and widening Pine out to - you know, to provide the turn lanes that they would provide. So, Ada County Highway District, my understanding is -- obviously, you have the final say on this and they will work with the applicant and the city to get this done. But their position is that it doesn't need to happen until 2007 when they had planned to make the improvements, so -- De Weerd: Thank you, Brad. Is the applicant here? Ralphs: Yes, Madam Mayor. De Weerd: If you will, please, state your name and address. Ralphs: My name is Rod Ralphs. My address is 2730 North Greenbelt Place in Meridian. De Weerd: Thank you. Ralphs: I'm here on behalf of DKA Development, the developers of the site. Do we have any other kind of a graphic to that site, Brad? Oh, perfect. What I want to do, just by way of background, because we do have a few members that are new to the City Council from the time this was originally approved, so I just want to give you a little bit of background on it and, then, bring you up to date on where the project is and, then, we have several proposals that we'd like you to entertain and consider as we. move forward. Back when we had the preliminary plat approval, we originally.came in with this whole Meridian City Council April 19,2005 Page 62 of 77 thing as one project and there was a lot of objections, a lot of concerns about all of the traffic that this would generate and so at the request of the City Council, we went back down to ACHD, we had another meeting with them and we came up with two proposals for them. One was to phase the project, going with residential as phase one and, then, these two buildings right here would be phase two, and the way those are -- the types of buildings those are, those would be a two story office building is the way those are configured. So, that would be phase two. And, then, phase three out here, we have agreed with the city and with ACHD, that we would probably end up holding off on this until after ACHD came in and did the big improvements on Ten Mile and Pine. So, what we have done out there -- and that's kind of the background of the project. Now, the conditions that were put on there -- and I'm going to cite the Findings of Facts and Conclusion of Law that are dated September -- just one moment. September 16th. Of September 2003. Specifically page 12, item two, and it talks about the requirements that the developer has and if I may I will share those with you. The developer shall be required to construct the following -- and, then, there are three bullet points. The first one is construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one turn lane for turning movements and another for straight- line movements. The improvements should decrease the cut-through traffic through the Thunder Creek Subdivision, because the intersection will operate more efficiently with fewer cars stacking east on Pine. Okay. Now, construct an additional lane on the north leg of Pine Road -- or, excuse me, on the north leg of Ten Mile Road at the intersection of Pine. So, what we have got is we have -- oh. Thank you. So, if you look back at the graphic on it, we have got the north leg of Ten Mile and Pine, which is, really, the leg that butts up against Moshers Farm on the west and, then, Mr. Fuller's property on the east. So, that's the north leg of that intersection. The east leg over here off of Pine is the other one that we have been asked to look at expanding an item for a turn lane. We had a little bit of a different world back, then, too. People were adapting from the reduced student load at Meridian High School and a lot of that traffic is down. This is an intersection that needs some mitigation and we went to ACHD and we said, you know, we would go ahead and put these improvements in. The ambiguity and the concern and the question that we have now is was that tied to the residential and commercial of phase two or was it anything, meaning going in with just the residential. Now, if you go back to our meeting minutes, we talked about phase one and two going in fairly close in time. Now, what we have done out there is we have just done phase one and we are holding off on phase two, which would be the commercial, which would bring trips in, and if we could go back to that graphic, Brad, if we could. Thank you. So, this is what we have done, we have gone ahead and started the construction with phase one and that's the residential and that's the one, and that's the one that's kind of created the time crunch, because we do have some occupancy permits coming up. The clarification and the reason that we are here tonight is to find out do we need those turn lanes in there for residential only, if we hold off doing all of the commercial, and, if so, then, in the event that we were to ever move forward on phase two commercial, then, yes, let's go ahead and put turn lanes in. It just wasn't clear in the meeting minute notes -- or minutes what the meaning of the City Council was. Now, one of the other things that we did -- and I know we had a couple of -- Member Bird and Mayor de Weerd, you were there when we had this, and we went out of our way to be really good neighbors with Meridian City Council April 19,2005 Page 63 of 77 off-site improvements, with sidewalks up at Moshers Farm, et cetera. We still want to continue that, but what I'd like to do is just give you three proposals to just kind of mull over with the current situation that we have got. The first is to tie the lane additions to the commercial only and, then, when the commercial goes in, of course, the turn lanes go in. The second one would be to compromise by putting in a date certain. If, for whatever reason, ACHD were to, because of budget constraints or whatever, were not to put in the expanded use of Ten Mile or Pine, that we go ahead, we put up a letter of credit for these improvements, and if there is a date certain that the City Council wants to pick and if ACHD is not acting, then, we go ahead and the money is there to go ahead and put in that extra turn lane. Right now the -- the configuration that you're looking at for the north leg of Ten Mile intersection there and Pine, is just really adding a turn lane only. As you know, ACHD is looking at doing a five lane north-south and a through lane east-west. So, then, that would be option number two. The final option would be to -- we go ahead and put it in, but we also want to do something extra and this is something you probably don't hear from a whole lot of developers. but if you are adamant about it going in, even if we just had the residential, what we would propose doing is going ahead and building out the south leg as well. Now, that's over and above anything that the City Council has asked from us. But what we want to do is -- with that south leg is we are going to have a more gradual and it will be a more consistent time with the north leg and the south leg. You would have the right turn lane coming in from -- if you were in North Ten Mile, you would have the right turn lane to go onto Pine and, then, that would tie in also with the three lanes that you would have on the southbound of Ten Mile as well. That would be an additional option that we would like to contribute in there. The trade-off, or course, would be -- and since we are going to add this extra leg, that if we could have 60 days to go ahead and do that and that, again, would be a date certain, to where we could go in, we could build out that whole intersection to accommodate these, but we could go ahead with, I believe, six occupancy permits that are in process and, then, finish those out within 60 days. So, that's the clarification we are asking for and some options to mull over. And I'd answer any questions if you had them. De Weerd: Council, questions? I guess I should make my own statement first, since I was on the Council at the time. I remember it as Irma did. In fact, when I saw the building start, I thought it was tied to even a building permit. So, when I got her letter, I - - that was my recall as well, because it -- that area is very busy, even with the opening of Mountain View. It's busy at different times for different reasons and Ten Mile four way stop backs up passed Pine at certain points in the day and that is not when the high school is out. That's generally during the commuter traffic. So, it's a -- it's a complicated intersection at the different times of day for different types of situations. So, in my recollection, it was tied to the project. I think the retail -- and I have been browsing through the minutes -- I haven't gone very far -- it's why I'm reading what I say. But I just thought that the commercial was tied more to the Ten Mile improvements when the road was built and, yes, you did do some amazing off-site improvements that give us reassurance to approve it, with the thought that kids would be there and they would be walking to school and so that was, definitely, appreciated, but it -- I really believe that the turn lanes are needed and they are needed now and I guess I don't Meridian City Council April 19,2005 Page 64 of 77 have a problem with option three, but I don't have a vote unless they want to tie it again. Council, any other comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, agree with what you said. I felt -- I thought that that was -- but I'd have to go back and read through the motion and all the findings and stuff on -- on what was exactly passed upon. But I thought that the turn lanes was definitely tied with any part of that. The first part of that project. I mean that is a very -- and even though you don't have the school kids, you still got -- you have got more of the north end people out there that come down Franklin. I mean Ten Mile and Franklin has got to be one of the worst intersections to get through and it all -- 90 percent of it's coming north to Pine and Ten Mile. I don't know. I suppose I'm like Mayor, I could go with number three. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just a clarification from the city attorney's office. Which of these options would be -- I guess defendable? And I'm asking is there ambiguity in the legal interpretation of the finding itself? Baird: Madam Mayor, Members of the Council, Councilmember Wardle, I would be hesitant to give you a specific legal opinion on defendability here off the cuff. However, I'm looking at a provision and this may not be an answer to your question, but it might steer the conversation. I'm looking at a provision that the development agreement -- now, am I correct that these conditions would also have been included in the development agreement? Hawkins-Clark: That's correct. Baird: Okay. Item number 15 in the development agreement talks about certificates of occupancy and this might make clear what your intent was. I'm reading from -- I'll give you the page on that. Page 16 of 25 for AZ 03-009. Make sure I've got the right application. Certificate of occupancy. The owners and developer agree that no certificates of occupancy will be issued until all improvements are completed, unless the city and owners and developer have entered into an addendum agreement stating that when the improvements will be completed in a phase development. In any event, no COs -- pardon my abbreviation -- shall be issued in any phase in which the improvements have not been installed, completed and accepted by city. Does that answer your question about what you're able to do tonight? I think that the correct motion to come before you would be a motion to amend the development agreement, but that's not what -- that's not what's here tonight. De Weerd: Well, that sounds pretty clear to me and I'm not even an attorney, Meridian City Council April 19,2005 Page 65 of 77 Baird: I see Mr. Hawkins-Clark approaching his mike, so he might have something to add. Hawkins-Clark: Well, the reason that we didn't ask them to amend the development agreement, I guess, is because the only reason that we suggested even that they come to you tonight is just a clarification. It's just the timing. I mean we -- this, really, isn't even a formal motion that staff is asking for. We just -- you know, we will continue to proceed as we have and not issue any certificates of occupancy until all the improvements are made, if that's what you instruct us to do. It's just that when I read this, you know, the timing -- it just wasn't there for me. I mean I could see it go either way. If you read through the minutes, if you read through the findings, I does -- you know, this is the improvement -- it's very clear this is what they have to do, it's just, you know, there was so much discussion during that meeting about the phasing and a lot of praise given to them for doing an off-site improvement, which could lead you to imply that you expected it to happen right away, but -- so I guess that's just the reason that we recommended it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And with that, my clarification was -- from the attorney's that that, obviously, options one and option number two are not for my -- or, really, before us for consideration. So, then, it would be option number three and is that -- is there some fairness in what is proposed in the sense that, really, we have an additional 60 days, but we are going to be getting an addition improvement? I think that's what's really -- to narrow some options down, what's before the Council right now. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I just need to get square what's being said, not having been there, so I don't know what your intent was, but, Rod, you offered up some solutions and I'm just going to make sure that I understood what you said, that you're offering those up as solutions that you're amenable to, either one or all, or a combination thereof? Ralphs: Well, obviously, the concern for those who are going into that project, to be very candid with you, is to get the occupancy permit, and so when we come here and we visit with you about some things -- we looked at this and we went over it with Brad and we said, oh, we are only on the hook for the north and east legs. That's not even a full intersection. And so what we thought would be a great compromise here would be to come in and say, you know what, after looking at the different concerns, looking at, you know, what's perceived as a timing issue on going in, how about if we come in here and we propose that we go in and we do the whole intersection. The other thing that I would want to add to that and I forgot was we would like to have some help from the Meridian City Council April 19,2005 Page 66 of 77 other applications that are coming into that area, So kind of a latecomer agreement for those improvements. But to go in there and to go ahead and build out that intersection so you have got your turn lanes, so that you do have that flow and so that's kind of a trade-off that we are proposing tonight. Or we can go back and we can go to the north and east leg, but we felt when we first looked at this thing that we were looking at all three legs. We were not. We are only on the hook for north and the east and I think if you really wanted to do it right and if you wanted to create the impression that -- and the actual effect of moving traffic through a very awkward intersection, would be to go ahead and let's do this third leg and what we are asking for is some -- as a compromise on the time. We will go ahead and do the thing and within 60 days we will have ACHD's engineer -- we have already started discussions with them on that and, then, go ahead and move forward with those -- with that third leg. De Weerd: Can the engineering happen that quickly? Ralphs: My understanding is that it can, Madam Mayor. There is a gentleman here that can answer that better than I, so I would defer to him, but -- Bird: Well, if we can, we'd like you to take all our projects for us. De Weerd: It's late, Gary. Ralphs: I think the statement is correct. We are really looking at an amendment of the development agreement where we could accommodate this third leg for some additional time is I really think what we are looking at here. De Weerd: But, in the meantime, you want occupancy and -- Ralphs: I think for seven units out of the 58. Or 14 total. There is seven of them out of the 14 four-plexes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. Unless -- unless they were to bond, other than that, we'd have to change at least number 15 in the development agreement I would think. Unless they were to bond for the improvements, if the Council so desired. De Weerd: I guess I would like Gary to respond on how -- what the turnaround time is on -- I guess engineering another leg, because if that's something that Council agrees to, you have people watching this project, so -- Gary. Inselman: Madam Mayor, Members of the Council, Gary Inselman, ACHD, 3775 North Adam, Garden City. On the -- because this would purely be a temporary improvement, we are not looking at building the ultimate intersection with. this development. The Meridian City Council April1g,2005 Page 67 of 77 engineering would be as fast as their consultant could turn it around. We would agree to review it as quickly as possible. I'm a little confused about the talk of additional leg of the intersection, though, because you can't add a turn lane on the north leg without widening on the south, because you have to shadow taper -- you have to have a taper on the south anyway to shadow that turn lane. So, there would be widening on the south under any circumstances to get a turn lane on Ten Mile. If they want to add an additional lane to provide a right turn lane onto Pine, that would be fine, but, then, you would be four lane wide -- four lanes wide on that south leg of the intersection, then, at Pine and there would be additional pavement, then, for us to remove in a year and a half. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Is there sufficient right of way to do all of that? It seems like it's pretty tight through there. Inselman: Councilman Rountree, we should have acquired the right of way sufficient for five lanes abutting their development, so, theoretically, there would be enough right of way to squeeze that in temporarily. I'm not sure about adding that additional right turn lane, because without the curb and gutter, then, we need to be able to have room for the shoulder and ditch between the pavement and the sidewalk. De Weerd: Any other questions? Thank you. Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Really, the only question I have is -- is whether -- one, whether this is a reasonable request, whether the additional benefit and clarification for the city would allow 60 days. My question is what type of provision would be available as a remedy if these improvements were not made in 60 days? And I guess I'll direct my specific question to the legal staff. What sort of things do we have within our ordinance that we could require? Baird: Madam Mayor, Members of the Council, Councilmember Wardle, we are in a real gray area here and I'm going to ask for some help from planning staff, because they have got the tools and I don't want to punt the whole question over there, but if I could hear from Mr. Hawkins-Clark to see if you have got any insight on how this could be structured to insure that any direction tonight could be monitored by your staff and secured. Hawkins-Clark: Councilman Wardle, Madam Mayor, we really -- this can be handled just like any project, frankly. You know, I mean this was not noticed as a Public Meridian City Council April 19,2005 Page 68 of 77 Hearing, so, in my opinion, you can't amend the development agreement tonight, because we didn't let anybody know that that's what you're thinking about. The only thing this is about is timing. We have bonding that we -- you know, we have surety in place today for a number of various improvements, landscaping and otherwise, you know, on staff right now -- I mean with the city. The other likely issue is the certificate of occupancy being withheld. I mean I think the bonding and the certificate of occupancy, you know, are standard tools for enforcement. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Two specific questions. One, are the bonds in place now and, secondly, what's the process for the proper amendment of the development agreement and how quickly could that be done. Hawkins-Clark: A miscellaneous application would need to be submitted -- take about 15 days minimum, probably 20, to get the notice out and on the bonding question, we do have - I guess I can't answer the question on the turn lanes. Did we -- yeah. The city engineer doesn't recall asking for that at the time of signature of the final plat. The applicant's shaking their head no. So, it sounds like we don't right now have the bonding for the construction of the turn lanes in place, so -- De Weerd: Why didn't you come a couple months ago? Ralphs: Well, that's, actually, when we started discussions with Brad. That's, actually, when we did go in there and we did review the meeting minutes and we said we are seeing this condition in here, but there is no when. And, then, that's when Mr. Campbell, one of the developers, went over and started visiting with ACHD and a lot of the response he was getting, you know, that is so close in time to our improvements, what exactly are you going to be doing, and while we don't really get a definitive answer either way, we go back to Brad and Brad says, you know, you really got to come into the City Council and get clarification and that's, really, how it happened. But, yeah, it did, it happened a couple of months ago and Brad can evidence that, that this became -- we became aware of it and we approached them, we had a separate meeting to go over it, and there was, really, no clear when. Was it tied to the residential? Was it tied to residential phase -- and phase two of the commercial? There just -- it wasn't there. And so we are here, you know, asking for that clarification. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could Gary come back up from ACHD. I have got a question to ask. Gary, when is the redo scheduled for the complete intersection there; do you have any idea? Ten Mile and Pine. Meridian City Councii Aprii 19. 2005 Page 69 of 77 Inselman: Councilman Bird, what do you mean by the review? Bird: Redo. Inselman: Oh, the redo. Construction? Bird: Yeah. The construction. Inselman: It would be 2007 with the Ten Mile project. It's being designed currently. We are scheduled to buy right of way beginning in our fiscal year 2006. Bird: Let me ask you your opinion on something, because -" and not putting you on the spot, but I -" after hearing testimony and stuff, I'm kind of thinking that this is a waste of time to go out there and do this temporary fix, even though that is a bad intersection, if 2007 we are going to completely redo the intersection, myself. And I don't know if this residential is going to cause that many more trips a day or -- you know, if it's going to affect the intersection that much, as bad as it is already, but -- and I hate to see us throwing money down for just two years for a temporary fix that is just a temporary fix. What's your opinion? Inselman: Madam Mayor, Councilman Bird. De Weerd: No comment is preferable. Inselman: Yeah. We -- ACHD will support the city in whatever decision you make. I-- at this point, since it is now two years after the application requirement was met and we are so close to doing improvements, my opinion would be that until the commercial goes in, the additional traffic from those few residential units, would not greatly impact that intersection and additional turn lanes without the light, does not effectively improve the efficiency of the intersection. Sometimes it makes it worse, because it confuses people. Whose turn is it to go? Bird: Thank you very much, Gary. I appreciate it. I agree with him. De Weerd: So, it appears that the choice is to leave the development agreement as is and hold that CO until the improvements are done or you ask for a miscellaneous application for them to come through with a modification to the development agreement; is that correct, Mr. Baird? Baird: That's -- those are your choices as I understand them, because, again, as Mr. Hawkins-Clark has already stated, the initial request was for you to clarify what you meant and so I guess what I would ask you to do before you take -- take a motion on any of those actions, is put on the record to clarify, at least for those of you who are here, what your intent was at the time. Meridian City Council April 19,2005 Page 70 of 77 De Weerd: Well, I know intent at the time was that those improvements were done when -- when there was traffic generated out of the development. And, again, that was two years ago, so -- Baird: And, Madam Mayor, you definitely have an ambiguity here and it's that ambiguity that caused the staff and the applicant to have those discussions that took some time and it would be my recommendation that the best way to clear up that ambiguity -- unless somebody is willing to step up and say, no, we meant it to be exactly the way they want it, is that you have them come back with that miscellaneous application. De Weerd: Because I believe our memory on this is the same as one of the resident who has voiced her opinion, both in writing, as well as in the paper, so -- Bird: Madam Mayor? De Weerd? Mr. Bird. Bird: I would, too, seeing I'm the other sitting duck, I would, too, agree with you, that I felt that that was when we passed it was what we were seeking. But that was two years ago and now we are to the point of being within two years of getting the intersection completely done and I hate to see anybody have to throw money basically down the drain to do something that's just very temporary and a person a lot smarter in traffic control than I am stated that it probably wasn't a fix anyway. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have no idea what your intent was when you made this, but I'll weigh in as we need to figure out some way to unwind this. I agree with Gary, I drive through the intersection every day; it's a bad intersection. The improvement that they are proposing will correct it. What the Council did and what's being talked about now, more than likely will make it somewhat better for the egress out of the development for the folks that are going to have to live in there, but it won't help the through traffic any appreciable amount. I don't know -- I haven't heard a good solution, because -- other than coming back for modification, but that still leaves the applicant without occupancy permits on residences that are ready to be occupied. Is there a crafty way to get both of these things done without further delay? Ralphs: If I could just throw in on a couple of things. We do have bonding with the city on some things such as landscaping and what we would propose to do would be to roll that over into these lane improvements, if that's the direction you want to go tonight. And so while you don't have them expressly in place for the lanes, we are more than happy to take whatever bonding we do have in place and roll it over, so you do have it in place for these lanes at a future date. The other thing that I would add -- and I would again -- going back to what the residential is and based on what Mr. Inselman pointed Meridian City Council April 19,2005 Page 71 of 77 out, the vehicle trips that we have done here at this intersection, the residential side, they are either going to be going south -- I mean you will have some that will go up to Albertson's, but those who are going into town, they won't even touch the intersection. And those who are heading south on the freeway won't go to the intersection either. And there is not a lot of vehicle trips there, but -- Rountree: Are you sure? They might, because they might have to go right -- they'd go west. Bird: I was going to say, if they are smart, they will go -- Ralphs: They would go down Pine if they were -- if they were. smart. But I just -- we are here. We came into you with this project as one, we ended up phasing it, because we wanted to be a good neighbor, we wanted to work with the people who were there. We are quite a ways down the road and we are a lot closer to ACHD and so we are here tonight to work out something that can work for everybody and we do, we just need a little bit more time to squeeze these things in, if you go that way. On the other hand, if you say no on the extra lanes and based on what ACHD would say with the trips out of the residential, we do, we hold off on phase two and three, until ACHD goes ahead and does the major improvements. But we had always talked about going phase one residential and phase two close in time. So, we knew there was always going to be a commercial component and it was going to be close in time. And if you go back through the meeting minutes of that time, that was repeatedly stated, and we have totally held off on the commercial, because we knew that would bring more vehicles in. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I understood what our attorney and Brad to say, if we -- if we are going to change, basically, Article 15 in the development agreement, we have got to come back through a miscellaneous, so that we can have a Public Hearing. It's not fair for the people that testified and left under the belief that that intersection was going to be done before traffic was coming out on it. So, Brad, how -- what did you say, nine days? De Weerd: That's not what he said. Bird: I know it. Hawkins-Clark: As soon as we get it in our office, we will get it over to the clerk's and send out the notices. Twenty days, probably. We will -- you know, we are depending on them getting an application into our office and I assume they will get something in very soon, so -- but we do need a minimum of 15 days to notify the residents. Baird: Madam Mayor, Members of the Council, I'd also recommend -- and just point out that Mr. Inselman's comments on the record tonight would need to be repeated into the Meridian City Council April 19,2005 Page 72 of 77 record for the Public Hearing hearing, either in writing or have him here in testimony, if the intent is to seek some relief on some of these conditions based on changes in time and the changes in conditions that -- come prepared to make your case at that time. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: It appears to me that we are going to amend this development agreement one way or another, a whole lot or just a little bit. My preference may be just a little bit. But either way it needs to come forward. So, what type of -- do I need to bring a motion for that or does it just need to come forward through the Planning and Zoning staff? Baird: Madam Mayor, Members of the Council, Council member Wardle, this was noticed up as just a discussion. It appears to me that you have completed your discussion and given both the staff and the applicant sufficient direction, so you're waiting on them to make the next move. Wardle: Thank you. Item 17: Discussion of United Water PUC Application by Brad Watson: De Weerd: Okay. Thank you. Okay. Item 17 is discussion of United Water PUC Application by Mr. Watson. Watson: Sorry. Thank you, Madam Mayor. That snuck up on me. I hate to keep you any longer than you have already been here on something like this and I appreciate getting it on the agenda at a late hour. United Water filed an application with the Public Utilities Commission in March requesting that their -- they call it their certificated area be expanded westward from Boise. This was at the request of Dan Wood and the Black Rock Development has been in front of you at pre-Council several times over I think probably the last year requesting service from the City of Meridian. I handed out a hard copy of a short memo I wrote, as well as the PUC staff report. I mention in my memo that I gave you a notice of the application and decision memorandum. Actually, I didn't, because by the time I got around to copying this at 5:00 o'clock today it just seemed like too much paper, but the city attorney's office does have that. This area is much larger than just the Black Rock Subdivision that was proposed. It -- actually, it overlaps into the city's area of impact. Much of it goes into this nebulous referral area that we have as well. The long and short of it, I will write a letter to the PUC in opposition of this application. I have four or five -- I guess six bullet points that I will include in our letter and I'm only bringing this to you for some feedback, if there is anything that I haven't thought of, any comments that you'd like to have me include in that, I will. The six bullet points -- I won't go through them. in detail, but I would point out number three is that we Meridian City Council April 19,2005 Page 73 of 77 do have pending planning efforts for this area. I will be bringing an agreement to you in the next week or two from JUB Engineers to master plan sewer -- we have already master planned sewer in this area, that we will be doing the whole south area, down to roughly Columbia Road. It's my understanding that the Planning and Zoning Department will be providing -- or proposing an enhancement in next year's budget to do some land use planning in this area as well. All that being said, I will take questions or direction. De Weerd: Okay. Council, do you have questions or direction? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Good catch. Keep moving on it. Let them know that we don't support it. Bird: Second that. Watson: Thank you. Item 18: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Thank you. Item 18 is the 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 April 19, 2005, water service for the attached turn-off list will be terminated on April 20th, 2005. The total amount of the turn-off list is $26,127.15. Do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the delinquency notice for turn off on April 20th, 2005, in the amount of $26,127.15. Rountree: Second. De Weerd: Okay. The motion is to approve Item 18. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 19,2005 Page 74 of 77 Ordinance No. 05-1141 Licensed Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: (Second Reading - Public Comment will be Accepted) De Weerd: Thank you. Items 19, 20, 21 and 22 are ordinances. Oops. Sorry. I will ask you to read Item 19 by title only. Please note for the record this is the second reading. Public comment will be accepted. If you will, please, read this ordinance by title only. Item 19: Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1141, an ordinance amending Title 3, Chapter 2, Section 2, of the Meridian City Code regarding amending the requirements for licensed alcohol establishments and prohibiting two licensed establishments within the same premise, providing a savings clause and providing for a summary and providing an effective date. De Weerd: Thank you. The second reading of Ordinance 05-1141. Is there anyone who would like to provide public comment at this time? Hearing none, I would accept a motion -- oh, I don't need a motion -- Rountree: It goes to third reading. Bird: It just goes to third reading. Correct. Item 20: Ordinance No. 05.1143 : AZ 04-033 Request for an Annexation and Zoning of 15.92 acres from C-2 and RUT zones to C-G zone for Stor- ti by Avest LP - 355 North Ten Mile Road: Item 21: Ordinance No. 05-1144 : RZ 04-016 Request for a Rezone of .27 acre from R-4 to O-T zone for Serendipitv Place Subdivision by Susan Howard - 1305 West 1st Street: Item 22: Ordinance No. 05-1145 : AZ 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: De Weerd: Okay. Mr. Berg, will you, please, read Items 20, 21, and 22, the ordinances, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 05-1143, an ordinance for property located in the southeast quarter of Section 10, Township 3 North, Range 1 West, at Meridian - excuse me - Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain land and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use and classification of said lands from RUT, Ada County, to C-G, general commercial Meridian City Councii Aprii 19, 2005 Page 75 of 77 in the Meridian City Code, providing that 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 for a summary of the ordinance and providing for a waiver of the reading rules and providing for an effective. Berg: Ordinance 05-1144, an ordinance for land located in the northeast quarter of Section 12 South, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain land and territories situated in Ada County, Idaho, within the corporate city limits of the City of Meridian, as rezoning the land use zoning classification of said lands by Meridian City Code, providing that copies -- oh. Excuse me. From R-4, low -- high density to OT, Old Town, Meridian -- in Meridian City Code, 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 summary of the ordinance and providing for a waiver of the reading and providing for an effective. Berg: Ordinance 05-1145, an ordinance finding that Winston W. -- excuse me. Winston H. Moore and Joann Crawford and Jack Jolson, the owners of certain land -- real property generally located on the northwest corner of the intersection of Ustick Road and Eagle Road, State Highway 55, immediately north of the propose Kessler, Cobbs, Ruwe annexation and east of the Champion Park Subdivision, Meridian, Idaho, to be known as Blue Marlin and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and made a request for annexation in writing to the City Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District, (C-G), and declaring that said land by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinance, resolutions, orders, or parts thereof, in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission in the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. This is an older ordinance. We just got the development agreement signed and that's why the ordinance is on this agenda. De Weerd: Thank you. You have heard these ordinances read by title only. Is there anyone who would like to hear them read in their entirety? You're more than welcome to come up here and read them. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Items No. 20, 21, and 22, Ordinance 05-1142, 05- 1144, and 05-1145, with suspension of rules. Meridian City Council Aprii 19, 2005 ' Page 76 of 77 Bird: Second. De Weerd: Okay. The motion is to approve. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bird: Madam Mayor, I move we adjourn. De Weerd: I'm not going to entertain that motion. Just real quick a couple of items. Arbor Day is April 29th at 2:30 at Peregrine Elementary. Strategic Planning is on May 3rd at 5:00 o'clock, so please note that. Donnell: Strategic Planning? De Weerd: Yes. That's one that Councilman Wardle and Councilman Rountree weren't at, so we need to-- Donnell: So, those of us that did attend before do not need to attend again? De Weerd: You sure do. Donnell: Oh. De Weerd: This is to -- it sounds like Mr. Rountree's even read the -- or listened to the tape. So, it is to pick up where we left off and to work with the directors on the focus areas, some initiatives, objectives, and action items. Donnell: May the what? De Weerd: May 3rd at 5:00 p.m. at the police station. And finally -- well, that's -- we have City Council at 7:00. So, we will -- Donnell: Okay. De Weerd: And now I -- you guys, it's late. Only if Council doesn't want to move to adjourn. Donnell: I think we can answer their questions. De Weerd: Okay. Meridian City Council April 19,2005'. Page 77 of 77 Ralphs: While we were going through this amendment -- or this modification, is there any way that we can get four occupancy permits for the residential? And if we do not go through and none of the approvals happen, then, you know, the rest of the residential gets shut down. De Weerd: I guess that's not the way the development agreement reads. Ralphs: I had to ask. Baird: Madam Mayor, Members of the Council, for the record, the way that I read that development agreement, it requires modification for any occupancy permit to be issued, unless all of the improvements are completed, Unfortunately, you're stuck with that language, regardless of the ambiguities that may -- you may think exist in the record, that document is a binding agreement between you and the city. Ralphs: I understand. All right. Thank you. De Weerd: Okay. Mr. Bird. Bird: I move we adjourn. Rountree: Second. De Weerd: All those in favor? Thank you. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11 :00 P.M. ~I 10 1 ?)Ç- DATE APPROVED