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HomeMy WebLinkAbout2005 05-03 Meridian Citv Council Meetina Mav 3. 2005. The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, May 3, 2005, by Mayor Tammy de Weerd. MembersPresent: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and--Cnristine Donnell. Others Present: Bill Nary, Tara Green, Anna Canning, Brad Watson, Clinton, Mike Cole, Kenny Bowers, John Overton, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ---2L-Christine Donnell ~ Charlie Rountree ---2L-Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. Thank you for your patience with us tonight. I will go ahead and open the regular City Council meeting. Bring it to order. It is Tuesday, May 3rd. It is 7:05. I can call roll or Ms. Green can. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is the pledge of allegiance. I will ask Kenny Bowers, our Assistant Fire Chief, if he will, please, lead us in the pledge. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts, Meridian Gospel Tabernacle De Weerd: Thank you, chief. Item No.3 is our community invocation. We will be led tonight by Pastor Burton Roberts with the Meridian Gospel Tabernacle. If you will, please, join us for this invocation or take this moment as a reflection and a moment of silence. Roberts: Let us pray. Most gracious and kind Heavenly Father, it is, indeed, a privilege to come before you and ask that your guidance be with us this night. It is a time when we as citizens of the community realize that -- the importance of these decisions merit our asking for your wisdom and your guidance. So, Father, we ask that of you tonight and ask that you would truly watch over everything that is said and done this evening. We ask these things in Jesus' mighty name, amen. Item 4: Adoption of the Agenda: Meridian City Cauncii May 3, 2005 Page 2 af 38 De Weerd: Thank you so much. We will see you bright and early in the morning. Item No.4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item N has been asked to be pulled by the architect. That's a change order for senior center remodel. And on the regular agenda, Item No. 11, which we will do when we get there, but needs to be continued to May 10th, 2005. And also Item No. 18 needs to be continued to May 10th, 2005. I do not have the ordinance numbers for those. De. Weerd: Mr. Bird -- Ms. Green, did any of these numbers change in the revised agenda? So, as he's making his motion -- or he's working off of the original agenda. Green: No, Mayor. The only thing that has changed on the agenda is there was another ordinance added to the end. De Weerd: Okay. Bird: Twenty-five? Item 25? Green: Yes. Bird: What's the starting ordinance number? Wardle: 05-1146. Bird: 05-1146. Wardle: And resolution -- do you want that number, too? Bird: Yes, please. Wardle: 05-472. Bird: Okay. I can -- on the regular agenda we will have ordinances 05-1146, 05-1147, 50~1148, 05-1149, and 05-1150 and 05-1151. With that I move we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. Meridian City Cauncil May 3, 2005 Page 3 af 38 MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. C. Approve Minutes of April 5, 2005 Pre-Council Meeting: B. Approve Minutes of April 12, 2005 Pre-Council Meeting: Findings of Fact and Conclusions of Law for Approval: AZ. 05- 003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 004 Request for Preliminary Plat approval for 130 single-family residential building lots and 3 common lots on 76.72 acres in a proposed R-3 zone for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-004 Request for a Conditional Use Permit for a Planned Development consisting of single-family residential lots in a proposed R-3 zone with reductions to the minimum requirements for street frontage and request to exceed the maximum block length allowed for Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: F. Sanitary Sewer and Water Main Easement for Maverick Country Store by Wrinkleneck Partners, LLC: G. Sanitary Sewer and Water Main Easement for Southstone Subdivision by Southstone, LLC and Lewis Family Properties, LLC: H. Public Works Aareement: Customer Service Trainina DeDartment I. Streetliaht Aareement for Saauaro Canvon by Farwest, LLC: J. Streetliaht Aareement for Lochsa Falls No. 12 by Lochsa Falls, LLC: K. Streetliaht Aareement for Fulfer No.3 by Kevin Howell Construction: Meridian City Cauncii May 3. 2005 Page 4 of 38 L. M. o. P. Q. Streetliaht Aareement for Fulfer No.4 by Kevin Howell Construction: Streetliaht Aareement for Paramount Subdivision (lighting for Fox Run Way): Streetliaht Aareement for Sheridan Place Subdivision bv CoDDertree DeveloDment: Approve Beer, Wine and Liquor Licenses: Baja Fresh - Beer Approve New Beer and Wine License for Sidelines Sports Bar -1767 West Franklin Road: R. Approve Bills: S. First Addendum to Development Agreement: RZ 03-013 Request for a Rezone of 5.51 acres from R-4 to CoN zones for proposed Cedar SDrinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with one change. Item N be pulled as per architect's request and for the Mayor to sign and the Clerk to attest on all proper papers, after they have been signed by applicants. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Is there any discussion? Hearing none, Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department - Stacy Kilchenmann 1. 2nd Quarter Finance Report: Meridian City Cauncii May 3, 2005 Page 5 of 38 De Weerd: Thank you. Item 6 is Department Reports. We will start with the Finance Department. Kilchenmann: Madam Mayor, Members of the Council, this is -- we are six months into the fiscal year and I was telling Brad how nice, all these people came to hear my hour long finance report. Just kidding. The first thing that I want to briefly discuss is just where we are at revenue wise. In your packet -- I'm not going to go over each number, but in your packet hopefully you reviewed the revenue analysis with the projection of the -- where we are year to date, where it looks like we will end up with the year, compared to the budget. For the General Fund right now it's looking like we will be over 800,000 dollars over budget and that's -- there is a couple reasons for that. One of them is the property tax number. We actually are getting our property tax number now, so we get that early in the spring and, then, we get the final number in October, when we are in the new fiscal year and our number for 2005 is going to be about 400,000 dollars more than the number we used to budget with. Then, there is a couple other numbers. One is the state revenue sharing and the sales tax numbers for the state have actually exceeded the numbers that the state projected and we have a little bit more franchise revenue that we expected and that's kind of a factor with utility rates ending up being -- whatever it ends up being and so forth. On our enterprise side, I think utility-wise, there is probably just about what we budgeted. It will be slightly higher, because we did have that three percent increase part way through the year in our fees. But the growth in the number of accounts has been about pretty much what we budgeted. The assessment revenue, however, will be substantially higher, again, as our growth continues and the number of new housing starts and connections exceeded what we expected when we did the budget about a year ago and, then, we have had some fee increases. So, we budgeted 4.5 million dollars and the projection will be about eight million dollars and, as you remember, all that money will go into our construction account. Special services, in particular, the number of building permits sold, again, with our growth will exceed that that we have budgeted. We budgeted about 2.2 million and we probably will end the year at 3.9 million. So, in consort with the revenue projection, also, contract expense has gone up and so that will be a budget amendment for us when we get closer to the end of the year. Then, in front of you we just finished our draft that we will be working on for our fiscal 2006 budget year and it says summary statement of revenues at the top and this is just to take it and look at it and it's got what we are looking at projecting for 2006 and there is a detailed narrative document that goes along with this that it's done, but because of my typing skills, it has to be formatted so that people can read it. So, we hope to be getting that to you next week -- get that out to you. But these are the numbers for you to look at, some nice light reading for the week. But I did just want to briefly let you know where we are at with the investments and kind of what's going on there and what our investment market is looking like and what our strategy has been. We have closed out our money market account that was -- is no -- that's like below the checking account and the pool -- the Idaho pool, just to kind of briefly go over what the pool is and what the difference between the Idaho pool and the state bond fund is, the Idaho pool is a very very liquid account, so there are no limitations on when you can take money in and out, so it tends -- if money market type accounts are low, it tends to be somewhat lower, because they don't have -- it's hard for them to invest, because Meridian City Cauncil May 3. 2005 Page 6 af 38 they are investing on an overnight basis, because they don't have any restrictions on how much money people can take out. So, right now -- and this doesn't generally happen, but our checking account has been higher than the pool, so we move all the money out of the pool and move it to the checking account and, then, we watch that every day and if one goes higher, we move them back and forth, because all of them, don't have any restrictions on our investments. The state bond fund is doing very well and so we have directed a lot of money to the state bond fund. It's once a month we can take money in and out. We have looked on that as a two year type investment, so we get a number from the enterprise fund that tells when projects are maturing and so forth and we try to move everything that we don't need for our immediate needs into the bond fund. And, then, our investment adviser -- the rates are going up, but we are kind of -- our agreement between us and our investment advisors, we are kind of on the fence right now, because the market is very uncertain. Interest rates are moving up. The fed keeps moving them up a quarter every time they meet, but the market's really skiddy about how long -- how long -- the investments that we can invest in are not the ones that go up, so it's like how long do we go out, what kind of gamble do we take with rates. So, we are just kind of planning it month to month, riding the fence on that one. But I think we will achieve higher than the amount we budgeted for the current year as far as our interest. On the expense side, in reviewing the detail of -- I just went today line by -- every line item. Everything is pretty much at or under budget. There are a couple things we haven't made our -- if you look at the police admin, we have not made our big lease payment for our building, so we want to take that, that's a 500,000 dollar hit that we will be taking. It's not reflected yet. Other than that, most of our one-time expenses have already occurred, so probably the only one. And we have just maybe one expense here, fire station three and overtime, we have five percent of our overtime budget left. But, on the other hand, we should -- we are okay bottom line as far as our salaries for everybody. Anything else? Unless there is some questions about -- specific questions about the expense side, I'm not going to go over any other details. De Weerd: Council, any questions? 2. Contract I Agreement with Payroll America: Kilchenmann: And I did want to -- on the website we have our -- kind of our final version of the Capital Improvement Plan, a facilities inventory, and the plan for that is everybody have a chance to look at that and digest it and, then, once we -- what I would like to start doing is once we go through our formal budget adoption process and we adopt that the end of August, then, in the fall we update that plan and, then, we actually have a discussion with Council and we adopt that Capital Improvement Plan city wide. So, it gives you three months to read the Capital Improvement Plan before we move on with that. So, I don't have any other - anything else on the financial statement, unless there is questions. De Weerd: Okay. Thank you. We appreciate your active oversight in this process. Meridian City Cauncil May 3, 2005 Page 7 of 38 Kilchenmann: SO, the next item is the contract for the payroll processing and we have -- it's going to be -- some of the costs are variable, because they are going to charge 25 cents per employee to actually -- do the time card entry and there is a couple of other expenses -- depends how many third-party checks we do, which that's garnishments and so forth. But I'm estimating it will be -- the expense will be maybe not to exceed a thousand dollars a month. So, it's going to be say 12,000 dollars a year. There is some legal -- long legal jargon that Ted has reviewed and okayed and, then, we have attached an implementation time line. Our goal for implementation is the payroll in July and some of the things that the service will do for us, other than the normal kinds of things that we -- that we would do, is there will be some human resource advantages that I'm not intimately familiar with, but I know that Bill and Audi are and are happy. We will also have web access for employees, so they will be able to go out and view their own accounts and make changes to their W-4 and so forth and they can print out things to verify their -- for their mortgage company and so it's just .- the information about that particular employee will be available to them in one location and they will do all of the PERSI reporting and all our tax reporting and so forth and the basic process will be people will fill out their time cards like they do now, although we have radically simplified them, just even today, so that that one number will be checked off or approved by their manager, like it's supposed to be now, and, then, that will come to a central location for us to make sure somebody didn't put down a thousand hours or that kind of review and, then, we will transfer that data to the payroll company. So, that's kind of a quick overview. I didn't prepare a long detailed presentation on it. De Weerd: We appreciate that. Bird: Madam Mayor? De Weerd: Yes, Mr. Nary. Bird: Madam Mayor, Members of the Council, just to follow up on that HR piece, the -- the past there has been a number of discussions at the budget time as to acquiring an HR management system that would do more of the tracking that is now manually done, to do a lot of the updating of the employee's information that's now manually done. This system will provide that and at least at this junction in my discussion with Mrs. Clinton, our benefits specialist, I don't think we need a management system to do that any longer with this system. So, the savings to the city by -- by this being an addition and not having to purchase a separate program to be able to do that the same thing -- that was, actually, quite a bit of higher expense than this program, I think is a good savings overall and, then, the savings of time in not manually doing all of these constant changing of records and things like that, the employees can actually enter some of those things themselves or check some of those things themselves, that don't have a critical need for HR to do that, it's going to be a savings as well. De Weerd: Thank you, Mr. Nary. Any questions for Stacy? We appreciate your presentation on that. I would need a motion to accept. Meridian City Cauncil May 3. 2005 Page B af 38 Bird: Madam Mayor? Donnell: Madam -- oh, go ahead. Go ahead. Bird: Let me ask a question before we make a motion. What is going to be the total? I don't just like making a motion to a contract with not a -- not to exceed, at least. And as a CPA you don't either. Kilchenmann: I would -- my estimate is -- I can't say exactly, because -- Bird: Not to exceed. Kilchenmann: Okay. I'd say not to exceed 15,000 dollars. Bird: 1,500 a month? Kilchenmann: Well, 15,000 a year, so -- Bird: 15,000 a year. Kilchenmann: Yeah. Bird: Okay. I misunderstood you. Okay. Now, you can -- Donnell: Okay. Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Prior to making a motion I would like to say that having had some concerns about contracting services of this nature, I did go in and sit down and meet with Stacy and Bill and feel very comfortable in the -- they have researched thoroughly how this can be a savings to the city and certainly better service to our employees, so with that, I would like to make a motion that we approve the contracting with Payroll America to handle our payroll services. Bird: Second. De Weerd: Okay. The motion is to approve the request for contracting with Payroll America, not to exceed -- Donnell: Oh, I forgot that part. Not to exceed 15,000 per year. De Weerd: Okay. Bird: I agree. Meridian City Cauncii May 3. 2005 Page g af 38 De Weerd: If there is no further discussion, Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office 1. Proclamation: Motorcycle Awareness Month De Weerd: Okay. Thank you, Stacy. Okay. 6-B is a proclamation. It is motorcycle awareness month and I will read the proclamation: Whereas, the motorcycle is an efficient -- energy efficient vehicle with -- which conserves fuel, reduces urban traffic and parking congestion, and treads lightly on the overworked road system and whereas the motorcycle is an important and economical mode of transportation involving such activities as commuting, touring, and recreation, and can be an aid to agriculture -- I did not write this. And whereas the motorcycle promotes tourism and friendship by attracting riders from throughout the United States and many foreign countries through various clubs and organizations and, whereas, such motorcycles are -- protective armor of trucks and automobiles, which increases the risk of serious accidental injury -- oh, man, it's going to be a long night. I apologize. And just for motorcyclists and all motorists need to operate with caution near motorcycles and, whereas, due to the increased number of motorcycles on the roads and highways of our state and throughout the nation and because motorcycle awareness and safety is a concern to all, it is appropriate to set aside a time to alert motorists to the number of motorcycles on the roads and to help motorcyclists become aware of the ways they can promote safety, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of May 2005 to be motorcycle awareness month in the City of Meridian and urge all our citizens to be aware of and support the various rallies and events for the safety and awareness of motorcycles in our community. And this is dated the 3rd day of May, 2005. De Weerd: I do want to let the Council know that Lakeview Golf Course, our new operators at -- formerly known as Cherry Lane Golf Course, is having neighborhood meetings both last night and tomorrow night at 6:00 p.m. in the clubhouse for anyone who is interested, in particular, to the homeowners that have lived through the dandelions and drought and the weeds and all of that and giving information as to their intentions of maintenance and their goals of the new management. So, I did want to let you be aware, if you had not been so otherwise noticed, and let you know that that was going on. C. Public Works - Rick Clinton 1. Back Flow Inspection Program De Weerd: Item C is our Public Works report from Rick Clinton. Meridian City Cauncii May 3. 2005 Page 10of38 Clinton: Madam Mayor, Members of the Council, a couple weeks ago I brought before you a proposal to do some enhancements to our cost connection control program, the process of offering some reimbursements to customers for testing. One of the tasks that the Council asked us to go back and take a look at was the ability to work with the contractors to have the contractors bill us directly, rather than processing a number of checks per month in pay requests. I'm here tonight to tell you that we are ready to proceed with that recommendation and we feel comfortable we can make that work. I have also visited with Stacy a little bit about the process, including the discussion of offering retroactive reimbursement back to the first of the fiscal year. She is willing to support that, with some limits on the quantity that we can process in the next month and a half and I think we can work well with her on that. The only other thing that I do want to really reinforce here tonight is that there are a number of illegal dual connections out there in our system and I cannot support reimbursement of testing on those illegal dual connections. So, I just -- I want to make that clear. De Weerd: Okay. Clinton: Does anyone have any questions for me? De Weerd: Council, any questions or further clarification needed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Rick, on the illegal connections, if we know they are out there what are we doing about it? Clinton: Well, at this point in time we are not doing an awful lot about them and I would -- I would like to see us step up enforcement of those illegal dual connections. I guess I'd like to visit with the Council about that at some point a little further, specifically the magnitude of the impacts to some customers, requiring them to make those disconnects, but it is -- it's very clear in the ordinance that those connections are forbidden. Bird: Madam Mayor, follow up? Well, Rick, I think -- I think it's something that we don't put off, because right now is the starting of the watering time, let's get whatever -- get with Council President Wardle and get it scheduled and get it on a Pre-Council meeting and get this thing taken care of. That would be my wants. Clinton: I appreciate that and I would be very eager to pursue that. De Weerd: Rick, is it because we don't have the enforcement tool in the ordinance? Meridian City Cauncii May 3. 2005 Page11af38 Clinton: I think we have the enforcement tool. I think -- I think there was a lot of concern about termination of service for non-compliance and the implications of that. De Weerd: I guess what -- I think it would be helpful for Council to know, as myself, what scope or scale are we talking about in terms of users or accounts. Clinton: Okay. I'd certainly entertain the ability to come back to the Pre-Council meeting and discuss it. De Weerd: Okay. Okay. Any other questions? Rountree: Madam Mayor, I don't have a question, I just wanted to thank Rick and Brad for helping understand what I was trying to communicate two weeks ago and I think you have done that and I appreciate it. Thank you. Clinton: Thank you very much. De Weerd: Thank you. Now, do you need a motion from Council on this item? Clinton: Please. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we authorize the Public Works Water Department to move forward with the cost reimbursement program for connection -- back flow connection investigation as described -- Bird: Second. Rountree: -- two weeks ago. Yeah. Bird: Second. De Weerd: Okay. The motion is to approve the request by staff with the -- including the further clarification in tonight's meeting. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Meridian City Cauncil May 3. 2005 Page 12 af 38 Item 8: FP 05-025 Request for Final Plat approval of 1 building lot and 1 common area lot for Silverleaf Subdivision No.3 by Liberty Development, Inc. - 2683 West Chinden Boulevard: De Weerd: So, we will move to Item 8, which is FP 05-025. I will start with staff comments. Canning: Madam Mayor, Members of the Council, this project is called Silverleaf Subdivision No.3. It's located on the south side of Chinden, approximately a half mile east of Ten Mile Road. This is a final plat application for one building lot for a future elementary school and one common lot for a street buffer adjacent to Chinden Boulevard. It's currently zoned R-4. This is the approved preliminary plat. This is the final plat. Sorry. Makes me laugh every time I see it. The staff recommendation is for approval. The final plat substantially complies with the approved preliminary plat. We have an e-mail from the applicant stating that they are in agreement with the conditions of approval. De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.8, FP 05-025, subject to staff comments. Bird: Second. De Weerd: Okay. The item is to approve Item 8. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: FP 05-026 Request for Final Plat approval for 49 single-family residential building lots and 2 common lots on 9.71 acres in a R-8 zone for Quenzer Commons Subdivision No.9 by Brighton Investments, LLC - west of North Locust Grove Road and north of East Ustick Road: De Weerd: Thank you. Item 9 is FP 05-026. Canning: Madam Mayor, Members of the Council, this project is Quenzer Commons Subdivision No.9, also known as Heritage Commons. It is on the west side of Locust Grove Road, approximately a half mile north of Ustick Road. It is a final plat application. They are proposing 49 single-family residential lots and three common lots on 9.71 acres. The current zoning is R-8. It has a gross residential density of 5.04 units per acre and a net residential density of 6.99. This is the approved preliminary plat. You Meridian City Council May 3.2005 Page 13af38 did a subject modification -- or approved a subsequent modification to it. This is that modification and, then, this is the submitted final plat. Staff is recommending approval, because the final plat does substantially comply with the approved preliminary plat and there are, to my knowledge, three or four outstanding issues before Council. The first one is planning related. I'll go through that. And, then, the Public Works director has a number. The preliminary plat for this -- for this subdivision up here, there is a common drive. The preliminary plat requirements were that it would be a 24 foot wide common drive. The applicant is proposing a 24 foot wide common drive, but they want to put it in a 35 -- or 30 foot wide common lot. The preliminary plat didn't say it could be a maximum of 24 or a minimum of 24, it said it had to be 24, was the way it was worded. So, I would suggest the following -- a new condition number 15 that would state: The applicant shall construct a common drive that is 24 feet wide to serve Block 13, Lots 4, 5, 6, 8, and 9. The common drive shall be located on a common lot that is a minimum of 24 feet wide and a maximum of 30 feet wide. And, again, that was to meet what we anticipate -- or what the applicant said they wanted it constructed, and gave a little flexibility on the width of the common lot. And, with that, I will turn it over to the Public Works director. Watson: Thank you. Madam Mayor, Council Members. My revisions aren't as polished as Director Canning's, because we just did this out in the foyer. But on site specific condition number eight, regarding a 1,300 foot long, 25 -- 20 foot wide ingress-egress easement to properties to the north, the last sentence of that paragraph should have the addition of -- or other documentation satisfactory to the Public Works Department and Planning and Zoning Department. There appears to have been another agreement executed that addresses this condition. Number nine is a comment regarding a sewer easement that was provided to us as part of the White Trunk project. We never utilized that particular easement and it was never recorded, we believe. So, if we could just add the phrase to the end of that comment that says: Or never recorded. In other words, the applicant shall provide evidence that that was never recorded. Comment number ten -- okay. Number ten, if we can revise that to state that graphically depict a public utilities drainage and irrigation easement on the north property lines of Lot 8, Block 11; Lot 7, Block 28; and Lot 6, Block 27, and adequately provide access to irrigation facilities, we will work that out during plan review and plat signature. Finally, number 12 is our boilerplate comment regarding tiling of ditches. There appears to be a tail water ditch outside the boundaries of the subdivision, but adjacent to it, that does not seem to be a good candidate for tiling, since that property is still under agricultural use. If we could simply add a sentence to the end of that comment that says if this ditch to the north of the subdivision is not -- must remain open for continued agricultural use, then, this requirement would be waived. I think that's it. Thank you. De Weerd: Thank you. Is the applicant here this evening? Is there any further clarification needed? If so, you need to come forward. Thank you -- Walker: Mayor and Council, Jaylen Walker with Brighton Corporation. De Weerd: And your address? Meridian City Cauncii May 3, 2005 Page 14af38 Walker: My address is 1655 West Rush Road, Eagle, Idaho. We don't have any further comments on this. The letter which he refers to the agreement for the easement of the driveway access, we do have a copy of that and can show that at a future date, if necessary. We are -- both Youngs and the Klauses have signed and I don't know that Brad has seen that. Brad Watson has seen that. But, anyway, I think we have everything in order. De Weerd: I'm sure we will need the letter for the record. If you can get us a copy. Walker: I can. De Weerd: Okay. Walker: Thank you, Mayor and Council. De Weerd: Any questions for the applicant? clarifications that staff -- Okay. And you agree with the Walker: I do agree with what Brad -- De Weerd: Okay. Thank you. Okay. Council, anything further? Do I have a motion? Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No.9, FP 05-026, final plat for Quenzer Commons Subdivision No.9, to include all staff comments from the Planning Department, as well Public Works and applicant comments. Donnell: Second. De Weerd: Okay. The motion is to approve Item 9 with the clarification as stated by staff. Any discussion? Rountree: I have none. Bird: I have none. De Weerd: Okay. Ms. Green. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-027 Request for Final Plat approval of 47 single-family residential building lots and 4 common lots on 13.06 acres in a R-8 zone for Cedar Meridian City Cauncii May 3, 2005 Page 150f38 SDrina Subdivision No.7 by Howell-Murdoch Development Corporation - south of McMillan Road and west of Meridian Road: De Weerd: Thank you. Item 10 is FP 05-027. Canning: Madam Mayor, Members of the Council, this is the Cedar Springs Subdivision No.7 project. It's located about a quarter mile south of McMillan Road and a half-mile west of Meridian Road. This a final plat application for 47 single-family residential lots and four common lots on 13.06 acres. It's currently zoned R-8. The gross residential density is 3.9 units per acre and the net density is 4.8 units to the acre. This is the approved preliminary plat. The area shown in the red circle is the area -- subject area of the final plat and, as you can tell, is in substantial compliance with the approved preliminary plat. The staff recommendation is for approval, because it is substantially compliant and the applicant has given -- has sent an e-mail stating they were in agreement with the conditions of approval. De Weerd: Okay. Thank you, Anna. Any questions from Council? Bird: I have none. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, FP 05-027, final plat for Cedar Springs Subdivision No.7. Donnell: Second. De Weerd: Okay. The motion is to approve Item 10. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: FP 05-028 Request for Final Plat approval for 114 single-family residential building lots and 23 common lots on 41.05 acres in a R-4 zone for Saguaro Canvon Subdivision No.2 by Farwest, LLC - north of East McMillan Road and east of North Meridian Road: De Weerd: Okay. Item 11 is FP 05-028. Bird: Madam Mayor? Meridian City Cauncii May 3, 2005 Page 16of38 De Weerd: Mr. Bird. Bird: I move that we continue FP 05-028 to May 10th, 2005. Rountree: Second. De Weerd: Okay. The motion is to continue Item 11 to May 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 05-029 Request for Final Plat approval for 79 single-family residential building lots and 10 common lots on 26.03 acres in a R-8 zone for Ventana Subdivision No.1 by Farwest, LLC - north of McMillan Road on Meridian Road: De Weerd: Item 12 is FP 05-029. Anna. Canning: I'm sorry, Madam Mayor, I lost the applicant's letter. De Weerd: Just for the record, this is not by Farwest, LLC, it's by G.L. Voigt Development. Canning: Sorry, Madam Mayor, Members of the Council, the letter escaped my possession. This is Ventana Subdivision No.1. It's located a half-mile north of McMillan Road on the east side of Meridian Road. This is a final plat application for 79 single-family residential lots and ten common lots on 26.03 acres. It also has a zoning of R-8. The gross density is 3.03 units per acre and the net residential density is 4.19 units per acre. The area shown here is from the preliminary plat. This is the final plat. There is one new common area. If you look up in this comer you can see that these lots that face this street back up to the lots that face this cul-de-sac. In the final plat there is a new common lot added -- and here is kind of a blowup that of. It comes from the street, we have a drag, and, then, the ten foot pedestrian pathway comes up over and through and, then, asphalt or otherwise. A vehicle travel area extends into this triangular piece. Currently on the landscape plan here they are showing asphalt going up almost the whole width of that open space. There is an easement here that they are providing access to, but it does continue on the other side. That is one outstanding issue raised by the applicant in their letter and that's what I was trying to hunt down. That's in regard to condition number 12 and they have asked that they be allowed to design Lot 9, Block 4, and coordinate that with Planning and Zoning staff, as well as Settler's Irrigation District and I think that's probably acceptable. If the City Council wants to give some direction on that, then, I'd appreciate that. The second condition that they would like to have modified is number seven and it's regarding the construction -- the construction standards for that regional pathway and they have proposed some modified wording there that staff is comfortable with, so -- those were the only two Meridian City Cauncil May 3. 2005 Page 17af38 outstanding issues before Council and the only two issues raised by the applicant in their letter. De Weerd: Okay. Council, do you have any questions? Okay. Does the applicant want to make any comment? Okay. Do we have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 12, FP 05-029, final plat for Ventana Subdivision No.1, to include staff and applicant comments in regard to coordination with the Planning and Zoning Department, as well as the parks department. Bird: Second. De Weerd: Okay. The motion is to approve Item 12 with the stated changes. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: TE 05-001 Request for a one year Time Extension for Preliminary / Final Plat 04-001 for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 2 Y. Street: De Weerd: Thank you. Item 13 is TE 05-001. Canning: Madam Mayor, I was so well organized. That one letter has just got me all messed up. This is -- this is a request for a one-year time extension for Troy Place Subdivision. It is located on the east side of 2 1/2 Street north of Carlton. This was the approved site plan, just for your reference. It had one tri-plex at the front of the property and, then, two duplexes. It was originally approved on May 25th of 2004, so they have filed within the one-year deadline. There are no outstanding issues that I'm aware of before City Council. De Weerd: Okay. Is the applicant here? Do you have a comment? Council, any questions for staff or the applicant? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the request for a one-year time extension for preliminary/final plat on 04-001 for Troy Place Subdivision until May 1 st, 2006. Meridian City Council May 3,2005 Page 18 af 38 Rountree: Second. De Weerd: Okay. The motion is to approve Item 13. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from April 26, 2005: Review of the Louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and / or beneficiaries for the Idaho Community Development Block Grant: De Weerd: Thank you. Okay. Item 14 is a continued Public Hearing from April 26th and this is not a staff issue, it is a requirement for a community block grant and I will turn this over to Mr. Augustine. Augustine: Good evening, Mayor, Members of the Council. My name is Carl Augustine, I am the certified grant administrator with Sage Community Resources, and I'm here this evening to provide the orientation part of the Public Hearing and, then, I will turn the floor back to Mayor and Council to receive comment from those present. The purpose of the Public Hearing is to provide a second opportunity for the citizens of Meridian to have input to the Louisianna-Pacific polymer business expansion project in accordance with the Idaho Community Development Block Grant regulations and the City of Meridian citizen participation plan. Specifically, the plan requires that the city will conduct at least one Public Hearing on the status of funded activities. The plan further requires that the status of funds Public Hearing, at minimum, must include a general description of the accomplishments to date, a summary of all expenditures, a general description of the remaining work, and a general description of changes made to the project budget, performance targets, activity schedules, project scope, location, objectives or beneficiaries. To these ends this Public Hearing is being convened in accordance with the Meridian citizen participation plan. Now, Congress enacted the Community Development Block Grant program under the Community Development Act of 1974. This act authorized the U.S. Department of Housing and Urban Development to operate the CDBG program. However, in 1981 Congress amended the act to allow states to assume CDBG program operations. In Idaho our Department of Commerce and Labor administers the block grant program on behalf of the state. Now, only cities and counties are eligible applicants to the block grant program. To qualify, eligible activities funded by the program must principally benefit low to moderate income persons, aid in the prevention or elimination of slums and blight, or meet community development need, having a particular urgency that pose a serious and immediate Meridian City Council May 3.2005 Page 19 af 38 threat to health. Eligible activities can range from property acquisition to planning and can include public facilities, housing, economic development, the removal of architectural and other barriers to promote accessibility for persons with disabilities and other activities that are listed in the application handbook, which is available this evening for review. As a matter of project background, on June 21st, 2004, the City of Meridian applied to the Idaho Department of Commerce and Labor for the block grant funds on behalf of the Louisiana-Pacific Corporation, a for profit business. These funds, along with other local matching resources, were used for the construction of power utility upgrades at the LPC facility in Meridian, Idaho. The purpose of this improvement would lead to the creation of new jobs within the city. The application submitted in 2004 was accepted by the Department of Commerce and Labor and the City of Meridian was awarded 250,000 dollars in CDBG funds, with a contract fully executed in August of 2004. Now, the accomplishments state the scope of work under contract, as amended, has made good progress with the power utility upgrades at the facility, substation installations have been complete. The underground and overhead lines have been installed and the construction portion of the project is complete. Idaho Power was the sole source contractor in the completion of construction, as a regulated utility. Documentation. Jobs created is still pending. Once this is completed and accepted by the Department of Commerce and Labor, the project will be ready for monitoring and close out. Now, on the expenditures to date, the total estimated budget for the LP business expansion project was 422,000 dollars. Of this amount, 250,000 dollars are the block grant funds. A sum of 22,000 dollars in the block grant funding was allocated to administration, 4,320 was allocated in engineering, and 223,680 dollars was allocated to construction. Of the 22,000 dollars in administrative funds, 8,800 have been expended to date. Of the 4,320 dollars in engineering services, all those funds have been expended. Of the 220,680 dollars in construction funds, 201,803 have been expended to date. In its application to the Department of Commerce, Meridian, through its for profit sub-recipient, Louisiana-Pacific, agreed to provide 172,000 dollars in cash and in kind matching resources. In terms of the remaining work, as far as the construction is concerned, a hundred percent of that is complete and at this point in time we are pending the job creation documentation from Louisiana-Pacific and the monitoring close out or administrative functions to be done. Some minor amendments have been made to the project scope of work and budget. However, these amendments have been within the resources of the project and did not result in any substantive changes to the budget, the targets, the schedule, scope, objectives, or beneficiaries of the project. Based on this presentation, I will turn the floor to the Meridian City Council to open the Public Hearing portion of the meeting, and request testimony from the public. Minutes of the Public Hearing will be prepared by the City Clerk and made available for public review. Following receipt of any public testimony or comments, a recommendation is made that the Mayor close the Public Hearing. Thank you. De Weerd: Okay. Thank you. Any questions for Mr. Augustine? Okay. Thank you. Would Louisiana-Pacific like to make any comment? If you will, please, state your name and address for the record. Meridian City Cauncii May 3. 2005 Page 20 af 38 Arosky: I'm Ken Arosky. I live at 6262 Serenity Lane, Meridian. De Weerd: Thank you. Arosky: I'm the plant manager over in Meridian at the LP plant. Madam Mayor, Members of the Council, that 2,500 -- the 25,000 dollar -- 25 hundred thousand dollar block grant was to bring us a ten megawatt power line from the Idaho Power's Meridian substation LP Meridian facility. We started last year. We had about three megawatts left. We started with some infrastructure and got us to the point where we are at right now, where we are out of power and we need to have the extra ten megawatts there. We have invested about 16 million dollars -- 16 and a half million dollars in this first phase and by the end of the year we should be about 20 million dollars. We are going to cover the -- the match that we need to do with -- for the grant. We are also going to invest about 14 million dollars in our sister plant in Selma, Alabama this year, coming up with an expansion. We are doing about the same over there with the equipment we have. Employee-wise, last April we had 42 hourly and 13 salary people. By May 26th we are at 49 hourly and 13 salary -- and that was 2004. This year, May 1, 2005, we are at 59 hourly and 15 salary. We are currently recruiting for a night and day shift utility workers, night shift lead-man, night -- or site supply manager, a shift supervisor, a production superintendent, and we have job offers on the table for two additional maintenance technicians. So, that's the status that we are at right now. Do you have any questions? De Weerd: Council, questions? Bird: I have none, Mayor. De Weerd: Thank you. Is there anyone in the audience who would like to provide testimony on this application -- or in this Public Hearing? It's not an application. Okay. I guess, Ken, could we get an update on some of your activities with the noise mitigation? Arosky: We had -- we had -- we developed a community advisory council several months ago and we had talked about the -- the sound as coming from the plant, coming from the extra equipment that - really, the wood grinding equipment that we have out there. We didn't realize at the time when we went through the expansion that we were going to increase the sound out there like we did and we have had a couple studies done. We have since had ten silencers built -- input and output silencers built to go on the stacks that -- that we acquired for the expansion and they -- we had kind of a delay in the order, we were supposed to have it done a month ago, but the company that we used to build the silencers got a contract for the government building silencers for the defense department, so they put us kind of at the bottom of the list. Anyway, these silencers just came in last week. We have all but four installed right now and they should be installed by the end of the week. So, we are looking at wrapping everything up. Meridian City Cauncii May 3, 2005 Page 21 of 38 De Weerd: Well, that's great news. We appreciate how you have stayed on top of this and I did hear from one of your citizens on the advisory committee that you had been very good at keeping them up to date and that was appreciated. Arosky: Well, we wanted to. We wanted to wait until we had everything all set before we started another communication and had another meeting going. So, we will probably do that on probably Thursday, it looks like, to make sure everything is done. De Weerd: Okay. Apparently, those were unintended and unexpected consequences, but appreciate the -- putting together the citizens committee and a plan to put together mitigating the excessive noise, due to the expansion. So, any questions for the representative from LP? Okay. Thank you. Okay. Is there any further public comment for this Public Hearing? Mr. Augustine, do -- is he still here? Is there any further comment needed from your agency? Okay. Then, I will go ahead and ask Mr. Nary if he has a comment. Nary: Madam Mayor, I don't have a comment, I just want to make it clear on the public record that you did receive a written document from Chris Palmeri and that was part of the public comments, so that -- to make sure the record would reflect that it was received. It is in your packets and it was available for Council's review. De Weerd: And it was received yesterday on May 2nd, for the record. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing on Item No. 14. Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Item 14. The minutes of this proceeding will be available to any public upon their request. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ. 05-009 Request for an Annexation and Zoning of 1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: De Weerd: Thank you. And thanks for joining us tonight. Okay. Item 15 is a Public Hearing on AZ 05-009. I will open this Public Hearing with staff comments. Watson: Thank you, Madam Mayor. I am presenting this land use application, because of a -- well, the planning director asked me to. Meridian City Councii May 3, 2005 Page 22 af 38 De Weerd: Well, I kind of thought that when I saw her walking out the door when I called this item. Watson: More like a run to me. Well, I'll treat you with another one of my land use staff reports. This property is located on Meridian Road -- South Meridian Road, approximately 2,000 feet north of Victory Road. It is currently -- this application is simply an annexation and zoning request for a little over one acre from RUT to L-O. It currently -- currently only a single-family dwelling and a few outbuildings exist on this property. I believe a vet clinic is immediately to the south. There is another single- family acreage to the east of about eight acres. This property is designated as low density residential on the Comp Plan. However, there was a Comp Plan amendment within the last six months or so that allowed parcels less than three acres in size that have frontage on an arterial street, to request office zoning. The applicant proposes to convert this into an office use. One of the -- one of the conditions that staff placed on this was the vehicular access to Highway 69, Meridian Road, be a temporary access and that this property provide cross-access easements or access to both the property to the south and to the north, so that when these redevelop, there will be one point of access to that highway. Planning and Zoning Commission recommended this with conditions and the recommendation that a development agreement be prepared. One of the requirements requested in -- or recommended to be in that DA is that all future uses on this subject site shall be approved through the Conditional Use Permit process. One of the items of discussion at the Planning and Zoning was that there is no access to the water and sewer facilities at this time. However, Mussell Corners, as you well know, is in the process of developing south of this and will be pulling sewer and water. One of the conditions in this is that they connect to those facilities when they are available. There is no time frame in that condition specifically, but our ordinance requires within 60 days of it being available or annexation. With that I'll conclude staff comments. De Weerd: I guess, Brad, I would have a question on -- if we are going to annex and zone this and it will be a converted use, then, why are -- and we are asking for cross- access easements, why are we not asking for a plat? Watson: Madam Mayor, I cannot answer that. Hopefully, the applicant could address that. De Weerd: Okay. Watson: I don't know the origin of this application. De Weerd: Okay. Would the -- is the applicant here? Okay. If you will, please, state your name and address for the record. Meridian City Cauncii May 3. 2005 Page 23 af 38 Jones: Madam Mayor, Members of the Council, I am Chad Jones, I'm with B&A Engineers. Our address is 5505 West Franklin Road, Boise. And I'm representing them. I guess to answer Brad's -- De Weerd: You're representing them? Jones: The applicant. I'm sorry. De Weerd: Thank you. Jones: I have got your disease tonight. I guess to answer your question on the access, that is a typical requirement from lTD. If the approach is less than I believe a half a mile of an intersection, then, they require that an access be on an interim basis. That's part of their approach permitting process. And we are not opposed to that in any way. So, I hope that answers your question. De Weerd: I guess it doesn't answer the question of why there isn't a preliminary or a final plat required of this and maybe Mr. Nary could answer it. Nary: Madam Mayor, Members of the Council, I guess I could put my planning director hat on, since she's not able to -- the only thing I can imagine is because we are not doing any other division of the property, so all we are doing is exactly the property as it is and remodeling a house and the cross-access agreement is to make sure that the properties to develop to the north or the south will have access when they develop. But that's -- I think that's the reason. There is no plat necessary, because they are not doing anything with this property, other than probably building a sidewalk or something along -- Jones: Just a parking area. Nary: Okay. Yeah. So, they are putting a sidewalk along Meridian -- Kuna-Meridian Highway, so -- I hope that answers your question. Because they don't need it. De Weerd: Okay. Why would they be requesting annexation and zoning, then? Nary: Madam Mayor, Members of the Council, well, they aren't in the city, so they'd have to request annexation to have access to sewer and water. De Weerd: But they are not asking for that right now. Nary: But they'll have to hook up I think -- wasn't that part of the condition, they had to hook up when it was available within 60 days? So, the main reason to ask is because they want to be in the city and have the availability when it come there, so they are -- do they have to ask now? Probably not, but to develop the property they'd have to have approval from the county, which means they'd have to ask to be annexed here first. Meridian City Cauncil May 3, 2005 Page 24 af 38 Jones: I couldn't have said that any better. De Weerd: Okay. Any questions from Council? Okay. Thank you. Is there any further testimony on this application? Council, what would you like to do? Do you need more information? If not, I would entertain a motion to close the Public Hearing. Bird: So moved. Wardle: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Bird, I move that we approve AZ 05-009, request for annexation and zoning of 1.06 acres from RUT to L-O for Mike and Gloria Urwin and to incorporate all public, staff comments. Donnell: Second. De Weerd: The motion is to approve Item 15. Is there any discussion? Rountree: I have none. De Weerd: Okay. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: You know, we have been meeting for two hours before this, so if we seem a little rummy, we are. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would just like to say those two children sat through more than an hour of really boring stuff and were just wonderful. So, you can bring them back anytime. Okay. Meridian City Cauncil May 3.2005 Page 25 at 38 Item 16: Public Hearing: AZ. 05-008 Request for an Annexation and Zoning of 41.27 acres from RUT to R-4 for a new middle school for McMillan and Meridian Middle School by Joint School District No.2 - NEC of McMillan and Meridian Roads: De Weerd: I don't think they will come. Okay. I would say that as I assume the high school students here, too. Must be a government requirement. That's the only way we can get students here. Item 16 is Public Hearing AZ 05-008 and I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is the McMillan and Meridian Middle School. Surprisingly enough it's located on the northeast corner of Meridian Road and McMillan Road. And this is an annexation and zoning request to the R-4 zoning district. There are no other applications requested at this time. This is the proposed site plan and it's a little washed out, so I'll go over -- this is the front parking lot. Here is the actual school structure. You can see all the ball fields as you go towards the east. And, then, the applicant is proposing to extend the -- Saguaro Canyon, instead of doing a five foot attached sidewalk, has done a ten foot multi-use pathway along the front of their subdivision and at the request of staff, the applicant has agreed to extending that within the southem boundary of this site over to Meridian Road. And the Planning and Zoning Commission is recommending approval of this. The main topic of discussion was the lack of sidewalk in the vicinity of the school property. Saguaro Canyon will be developed in this area. Ventana Subdivision, you just saw the first preliminary plat - or first final plat come through to the north. To the west will be Paramount Subdivision. But today you can see the -- some development going on here, but most notably there is nothing right along the arterial roadway just south of this property. Let's see, that's Cobre Basin and we have got some development along here, but there is about a half mile that does not have anything. Although that was a key topic of discussion, there is not any site specific, because it isn't a site specific condition of approval, so their -- the only outstanding issue before Council is that the P&Z did not recommend a development agreement to formalize the pathway agreement along the southern boundary. If you would consider that in your motion and direct staff on what you want to do regarding that, that would be very helpful. With that, I will end staff's comments. De Weerd: Thank you, Anna. Any questions from Council? Rountree: Madam Mayor, I have a question for Anna. This is a request to rezone to an R-4. Any other R-4 use -- zoned R-4 use in the city typically would be residential and would we not normally require sidewalks in that situation? Canning: On the property, yes, we would sidewalks. Off site -- we don't typically require off-site sidewalks. So, I don't know if you were getting to the larger discussion of the lack of sidewalks on the arterial streets going south or if you meant the one for -- on the school property. Meridian City Cauncii May 3. 2005 Page 26 of 38 Rountree: My specific question is on the school property, both on McMillan, as well as Meridian Road. Canning: And they have agreed to -- Rountree: That's in the agreement? Canning: They have verbally agreed that they would do a ten-foot pathway, instead of a five foot sidewalk on McMillan and I believe they have a five foot sidewalk on Meridian Road. They are not objecting to that at all. All I'm saying is that we don't have a development agreement to enforce that. Rountree: And you're recommending that? Canning: I have mixed feelings. I mean I truly believe that the school district will follow through and come forward with a ten-foot sidewalk -- a ten-foot multi-use pathway, instead of a five-foot sidewalk. At a minimum we would get the five-foot sidewalk through ordinance. So, that's why I'm just looking for direction from Council which way you would want to go regarding that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess for your consideration on this particular issue, I think as Mrs. Canning said, the ordinance would require the sidewalk. The pathway seems to make sense with the surrounding subdivision, but that's not an ordinance requirement, and so your only mechanism to require it is your development agreement. You won't see this project again, because it's an allowed use once you have zoned it the R-4, so you won't see it again to assure that that's accomplished. I concur with Mrs. Canning, if the school district is committed to doing it, I certainly don't have any reason to believe they won't, but if you want an enforcement tool, that's your -- that's the tool that you have available to you, because you don't have a CUP in front of you to make that a condition. De Weerd: Is it not something that's on the plat? Nary: Madam Mayor, Members of the Council, there is no plat. There will be no plat. De Weerd: Oh. Okay. Canning: This was partitioned off as a legal subdivision -- as a legal division of property or an adjustment of property and sold to the school district as a parcel of ground, not as a platted lot, and, then, they will come in with a certificate of zoning compliance. They will be required to do the normal dedications with their certificate of zoning compliance. Meridian City Cauncii May 3, 2005 Page 27 af 38 So, you will get all the improvements you would normally see with a subdivision, but it will not be a subdivision lot. De Weerd: I guess my comfort level in having that -- I guess my biggest question is across the street you have a very dangerous open ditch and that pathway seems to be a very good solution to providing safety on that street, because most of the traffic is going to have to be on that north side, because they are not burying that ditch, I don't imagine, or are they? Canning: Madam Mayor, Members of the Council, I don't believe they are burying the ditch, but I believe it's actually on the school property. Mr. Watson is checking -- Rountree: It's on that side of the street. Canning: And I think that they are doing a fence -- they have the fence and, then, they would have the pathway. It would be within, basically, the fenced area of the school yard. De Weerd: Well, I thought that ditch was on the -- Rountree: That's why that big lot on Saguaro. Bird: That's right. De Weerd: We could ask the school -- is the representative here? If you will, please, state your name and address for the record. Hanson: Madam Chairman, City Council Members, my name is Scott Hanson, representing Lombard Conrad Architects and the Joint School District No.2. We read all the comments from staff and we agree with them, concur with all the comments and recommendations. Just to answer some of your questions that you were discussing earlier, in our current plans -- this drawing is a little bit old, given the requirements for submittal. We do show a meandering ten foot wide asphalt path that connects the subdivision here on the east side of the property all the way to the intersection and also continues with a five foot concrete path that links all the way up and connects to the subdivision that's on the north. Additionally, we have an internal walkway that connects just about in this location with the subdivision to the north and their internal pathway system, then, brings a concrete pathway to a sidewalk here and, then, linking the back of the building. Additionally, we met with ACHD and through discussions with them have agreed to put in a pedestrian crosswalk, a light at this -" at this point here to get across the street, because there is not a warranted traffic signal at this point for the intersection here. So, we are going to treat -- give pedestrians the ability to signalize their own crossing at this point. So, we certainly wouldn't have any difficulty in agreeing to a development agreement, if there is any indecision on your part as to requirement -- whether or not we will fulfill our obligation to put a sidewalk in along McMillan. Meridian City Councii May 3, 2005 Page 28 af 38 De Weerd: I guess the question was the sidewalk off premise to the south, then, south of McMillan on -- on Meridian. Hanson: South of -- you mean actually down -- down this way? De Weerd: Yeah. And I guess the whole reason that is now an area of interest is as we opened up Sawtooth or -- is it Sawtooth? The lack of connectivity -- kids are walking on the shoulder or the school district is going through extra expense in the emergency busing. I guess, additionally, even though they say it's not warranted right now, a lighted intersection, we know what middle schools do, they generate a lot of traffic, and - - do you have a date that this is anticipated to be built? Hanson: Provided that the school bond passes this fall, we would be looking at opening for '07. One could assume, at the rate of development in this area, that, you know, there is a fairly good chance that these are going to be developed in the very near term. There is always that, you know, ongoing debate as to how much, you know, a public entity, like the school district, is needing to, either on other people's property or within the right of way, develop sidewalk, which is certainly very costly to do. The one unique difference between this project and Sawtooth was Sawtooth was located pretty much in the center of a mile increment and had no development to either side. So, there was no place to link. Where we are capturing a significant amount of the population that's going to be going to that school either internally or right along McMillan and Meridian Road, as well as, additionally, across the street, so I would have to probably leave it up to the school district to negotiate further and work together with the city to develop additional pathways off site. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Scott, the development that's at the very bottom of that picture right there, the back portion of it I assume is not -- oh, thanks. He always gets this out for me. Okay. Of course, I never know where to point it, but -- this part right here, I assume that that's just farmland right now? Or is it? Hanson: I'm not sure. Donnell: Because I'm wondering, would it not make sense if this development would not walk through that way? Oh. Okay. I'm going to go a little bit further here and that is that I don't believe that it is -- coming from my base of experience -- necessary that we would concern ourselves with the sidewalk that might or might not be built from the south portion there, only because that will probably develop and, then, I assume that through the development process of the subdivisions, will be putting sidewalks in there and it will make its way all the way. So, again, I don't think that's a requirement that needs to be made of the school district by the city. Meridian City Council May 3, 2005 Page 29 af 38 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, agree with Mrs. Donnell, but I also agree with the Mayor, that -- that we don't want another Sawtooth, where it isn't safe, but I believe that Starkey's place and -- I don't think Kay White's will probably be, but I think Starkey's place will probably be developed by the time the school is built in 2007. So, I think we -- and, of course, we have got the one to the north across the street, we got all that coming in that will have sidewalks, but I, too, am like Mayor de Weerd, I do not want to see another Sawtooth, a quarter mile or half mile, whatever that is, with those kids having to walk on gravel, an unsafe area, as far as I'm concerned. Donnell: Madam Mayor, one further follow up. I guess, again, from my point of view, I think it should be an ACHD requirement. You know, so much of it depends on what they are going to be doing in the future on these roads, whether they widen them or not, but I have been involved in too many middle schools where the requirement was made to do the improvements, you know, a long distance and it's never been utilized, so I do like the placement of this one on the comer, that certainly makes it better than being at the half mile, as Sawtooth was, so that's a good spot. De Weerd: Anna, you sit on the facilities planning committee. Have they discussed these kinds of situations and looking at infrastructure? Canning: Madam Mayor, Members of the Council, I raise the point frequently. Sometimes it's just to see Mr. Bigham's blood pressure rise, I think, but I do raise it and I think that he's expressed a willingness to sit down with ACHD and the city and everyone just come to an agreeable solution. I don't know that -- that he's often expressed that he's not willing to sidewalk rural America, but I think that if the -- if the three entities were to come together and come up with some mutually agreeable decision, I think that -- we all understand that that conversation needs to take place and I took the opportunity to raise that issue with the bond committee as well, that they need to probably -- there is -- depending on where those discussions go, there may be a need in the future to also allocate funds for sidewalk development, particularly for middle schools. De Weerd: We can't stick our head in the sand on this, because we did get enough phone calls -- or I did about safety of the children that walk to and from that school and even those that are in the after school program that don't have the opportunity for the safety busing and don't have their parents, you know, there to take them home, there are kids that are walking, so -- and I know this may not have any significance to this application, it is an item that we need to address, maybe not you in particular as the architect, but we do need to get our agencies together -- if the city, just in trying to bring the two sides together and - we can't speculate on when that property to the south is going to develop, but we could help coordinate meetings and dialogue and see if there Meridian City Cauncil May 3. 2005 Page 30 of 38 is something we can do to help facilitate that, because there was a lot of concern about the safety in the Sawtooth situation. Mr. Wardle. Wardle: Madam Mayor, J have a question for Mr. Nary. If you can just help me for a moment. This is the -- the first and last time we will see this property; is that correct? After it's rezoned they will need to come back in for a certificate of zoning compliance and from there they will be issued a building permit for the property and so if the city were to require anything additional of this property, this is the only hearing we will have; is that correct, Mr. Nary? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, that's correct. That was why I suggested the development agreement is your only mechanism in annexation to implement any requirements you have on whatever ordinance currently exists. De Weerd: Thank you. Any other questions for the applicant? Thank you. Canning: Madam Mayor De Weerd: Yes, Anna. Canning: Council member Donnell asked a question that I can perhaps answer for her. This is Burney Glen Subdivision. There is currently a connection from Burney Glen to Cobre Basin. So, there is this connection going north. Donnell: Good. Canning: I asked Mr. Inselman if there were a light planned at the half mile point here for Saguaro and he said there is not, so -- Donnell: But there would -- excuse me. Madam Mayor? There would probably be a crossing guard that would be provided by the school district at some point when that's built. De Weerd: Okay. application? Is there anyone who would like to provide testimony on this Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing. De Weerd: Not yet. Mr. Bigham's walking in the door. We'd love to put him on the hot seat. Meridian City Cauncii May 3. 2005 Page 31 af 38 Rountree: He ducked. I'll second that motion. De Weerd: Okay. The motion is to close the Public Hearing on Item 16. 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 Item No. 16, request for annexation and zoning of 41.27 acres from RUT to R-4 for a new middle school and to incorporate all staff comments and to also require a development agreement. Bird: Second. De Weerd: Okay. The motion is to approve Item 16, with the additions as stated. Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I support the motion. I just wanted to make the comment that I think it's not so much an issue of trust in this case, it's an issue of consistency. We wouldn't ask -- or Mr. Walker would probably like, on occasions, for us to not give him a development agreement, so I think it's appropriate. I'm asking the maker of the motion if they would consider adding into the development agreement a reminder that the school district and the City of Meridian and ACHD come together before final platting for this school site is done and discuss the issue of pedestrian and children safety in this area. Donnell: The maker of the motion is in agreement to that. Bird: The second is very much in agreement. Rountree: Thank you. DeWeerd: Thank you. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council May 3, 2005 Page 32 af 38 Item 17: Public Hearing: CUP 05-010 Request for a Conditional Use Permit for a daycare facility for up to 200 children for Nature's Child by Nature's Child, LLC - Parcel B of Lot 4, Block 4, Silverstone Business Campus: De Weerd: Thank you. Item 17 is a Public Hearing on CUP 05-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Nature's Child. It is located within Silverstone business campus, south of Overland Road, and east of Eagle. This is a Conditional Use Permit request before you tonight for a child-care facility for up to 200 children. The site is shown in black here. That's the full lot. It's gone through a lot split, basically, and so it's just the southern portion of that lot and that what you see before you tonight. The facility is located at the - the back end of the site, with parking primarily in front. The Planning and Zoning Commission -- oops, I'm sorry. Here are the elevations. The Planning and Zoning Commission has recommended approval. The key issues of discussion were the cross-access agreement with the adjacent property owner to the south. You can see that here. And so they would share that 20 foot drive as you come into the property. So, the need for -- there is a need for a cross- access agreement. No one testified in opposition to this proposal at the Planning and Zoning Commission, so to our knowledge there are no outstanding issues before the Council. De Weerd: Thank you, Anna. Council, any questions for staff at this time? Okay. Would the applicant like to add comment? If you would, please, state your name and address. Toolson: Madam Mayor, City Council Members, Greg Toolson, JGT Architecture, representing Nature's Child. We have reviewed the staff comments and we don't have any problems with any of the comments. De Weerd: Okay. Thank you. Any questions for the applicant? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question concerning the design or the architecture. Is the building consistent with the building type and design that's being developed in the area and is there a design review at the developer's level that -- Toolson: It is. And the Silverstone Subdivision has their own architectural review committee, which has signed off on it. Rountree: Thank you. De Weerd: Okay. Any further testimony? Okay. Hearing none -- Meridian City Cauncii May 3. 2005 Page 33 af 38 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Item No. 17. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 17. All those in favor say aye. All aye. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-010, Nature's Child, and to incorporate all staff, public, and applicant's comments. Rountree: Second. De Weerd: Okay. The motion is to approve Item 17. Is there any discussion? I think this is great to be in a business park, so that parents can work and have their kids near by. Thank you. Good use. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: MI 05-003 Request for a Miscellaneous approval to operate a fruit and vegetable stand in a CoG zone for Richard Handke by Richard Handke - 97 Main Street: De Weerd: Okay. Item 18 is a Public Hearing on MI 05-003. I will open this Public Hearing with staff comments. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we continue this Public Hearing to May the 10th. Bird: Second. Meridian City Cauncil May 3. 2005 Page 34 af 38 De Weerd: The motion is to continue the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Water, Sewer, & Trash Delinquencies: De Weerd: Okay. Item 19 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 May 3rd, 2005, water service for the attached termination list will be terminated on May 4th, 2005. The total amount of the turn-off list is $28,499.12. Do I have a motion? Rountree: Madam Mayor, so moved. Bird: Second. De Weerd: Okay. The motion is to approve - Rountree: Just so I'm not on it. De Weerd: Pardon? Rountree: Assuming I'm not on it. Donnell: Councilman Wardle is checking to make sure he's not on it. De Weerd: Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. 05-1146 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: Item 21: Ordinance No. 05-1147 AZ. 05-001 Request for an Annexation and Zoning of 156.49 acres to R-8 & L-O zones for Bainbridge Subdivision by Brighton Properties, LLC - SWC of Chinden Boulevard and North Ten Mile Road: Item 22: Ordinance No. 05.1148 AZ. 05-002 Request for Annexation and Zoning of 45.88 acres from RUT to R-4 zones for proposed Tustin Meridian City Cauncii May 3, 2005 Page 35 of 38 Subdivision by SCS Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: Item 23: Ordinance No. 05-1149 : Bicycle Ordinance Repeal: Item 24: Ordinance No. 05-1150 : Center Turn Lane Use Ordinance: Item 25: Ordinance No. 05-1151 RZ 03-013 Request for a Rezone of 5.51 acres from R-4 to CoN zones for proposed Cedar SDrinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: De Weerd: Thank you. Items 20 through 25 are ordinances 05-1146, 1147, 1148, 1149, and 1150 and 1151. Mr. Nary. Nary: Madam Mayor, just two things I wanted to explain to the Council. I didn't notice -- there is a development agreement and an annexation for Cedar Springs Professional Center. There is a long gap in time period and I just wanted to make you aware that this is one of those that somewhat fell through the cracks, it never got signed by the developer, that's why you're seeing it, and although the development agreement and the annexation was actually approved in 2004, is why you're seeing it now, so I just wanted you to be beware of that. The other -- Council member Rountree was not available at last week's meeting and there are two criminal ordinances on here and I just wanted to be sure if he has any questions or concerns, since he wasn't here for the presentation, I can answer those and, if not, you can certainly go forward. De Weerd: Any questions, Mr. Rountree? Rountree: No problems. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's one reason, because of what happened on these, that if you notice in my motion for the Consent Agenda, I made the motion that the Mayor and the Clerk would attest after the applicant had signed, so we won't be signing until they have signed, so we don't have this kind of delay. Nary: That wouldn't -- that wouldn't make any difference on these development agreements, because the way the development agreements are done, is they are sent to the developer -- to the applicant, they are retumed to the city and, then, it comes on. So, if they don't return it, we don't annex it. So, even though your motion was to not sign it, the Mayor doesn't sign these until they send them back. we don't sign them before we send them out. Bird: Okay. Well, anyway, we just got it on the record. Meridian City Cauncil May 3, 2005 Page 36 at 38 Nary: Yeah. De Weerd: Okay. Thank you. I will ask the deputy city clerk to, please, read these ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1146, an ordinance RZ 05-002, Meridian Fire Station No.4, located at Lot 1, Block 4, Thousand Springs Subdivision No.1, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and describing certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoned the land use zoning classification of said lands from R-4, Light Density, to L-O, Limited Office, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1147, an ordinance AZ. 05-001, Bainbridge Subdivision for property located in Section 27, Township 4 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands 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 zoning classification of said lands from RUT, Ada County, to R-8 and L-O, Medium Density and Light Office, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1148. An ordinance AZ 05-002, Tustin Subdivision for property located in Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands 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 zoning classification of said lands from RUT, Ada County, to R-4, Medium Density in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance 05-1149, an ordinance repealing Title 7, Chapter 4, Sections 1-10 of the Meridian City Code regarding bicycles and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance 05-1150. An ordinance enacting a new Title 7, Chapter 1, Section 10, Meridian City Code, defining the use of a center turn lane and making it unlawful to Meridian City Caunc;; May 3. 2005 Page 37 af 38 use the center turn lane for passing or traveling more than 100 feet and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance 05-1151. An ordinance finding that Howell-Murdoch Development Corporation, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 03-013, Cedar Springs Professional Center for real property located on the northeast corner of Ustick Road and Venable Lane, within Section 36, Township 4 North, Range 1 West, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-4, Light Density, to CoN, Neighborhood Business District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard those ordinances read by title only and I do have to ask if there is anyone who would like to hear any of these ordinances read in their entirety? Bird: If so, walk up here and start reading. Rountree: Madam Mayor, before we hear otherwise, I move that we approve Items 20 through 25, with suspension of rules. Bird: Second. De Weerd: Okay. The motion is to approve the ordinances. Is there any further discussion? Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. Meridian City Cauncii May 3. 2005 Page 38 of 38 De Weerd: Thank you. MEETING ADJOURNED AT 8:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS)