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HomeMy WebLinkAbout2005 08-23 Meridian City Council Meeting AuQust 23. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 23,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Brad Hawkins-Clark, John Overton, Ron Anderson, Len Grady, Elroy Huff, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular meeting for City Council to order. Good evening. It is Tuesday, August 23rd. It's 7:00 o'clock. We will start the meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance. If you will, please, all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Oh, we always miss our youth when they aren't here to lead us in the pledge and I see two just coming in. We could have asked them. Item No.3 is our community invocation. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. We are led by Mr. Bud Henthorn with Meridian Gospel Tabernacle. Thank you. Henthorn: Heavenly Father, tonight we join with Solomon in his prayer that you would grant us grace to have wisdom that we might lead this great community of your people. We ask, Lord, that you would fill our hearts and lives and fill this room with wisdom, with grace, fill us with faith, fill us with vision and confidence, Lord God. Let this room be filled with synergy. Let us experience an impartation of your own creativity as we wrestle with issues and problems and look for resolutions. God, this is a great community of your people and we are -- we are awed by our responsibility and we ask that you would grant us the grace to do these things, in Jesus' name, amen. Meridian City Council August23,2005 Page 2 of 62 Item 4: Adoption of the Agenda: De Weerd: Thank you for joining us this evening. Item No.4 is adoption of the agenda. Mr. Bird. Bird: Madam Mayor, on the agenda under the City Council, President's report, we have resolution number, it's 05-487, and in the regular agenda, Item No. 19 is an ordinance and its number is 05-1173. And with that I would move that we approve the agenda as printed. Rountree: Second. De Weerd: Okay. The motion was to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: E. F. Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Regular Meeting: B. Sanitary Sewer Easement Agreement for Devon Park (Lots 1, 2, & 3): D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: Water Line Easement Aareement for Bonito Subdivision No.3: Notice of Award and Agreement for Construction of mini-park at Fire Station No.4 between the City of Meridian and RSCI: G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: H. Approve Beer License for Maverick Country Store - 1545 East Overland Road: I. Hold Harmless Aareement for Participation in Activities And/Or Use of Facilities with Meridian Joint School District No. 2: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? "" Meridian City Council August23,2005 Page 3 of 62 De Weerd: Mr. Bird. Bird: We have had one request to move Item C on the Consent Agenda to 7-C on the regular agenda and with that I would move that we approve the Consent Agenda, excluding Item C, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda with the removal of Item C to 7-C. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department - Brad Hawkins-Clark 1. Presentation of DEQ Brownfield Application: De Weerd: Thank you. Item 6 is the planning department. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. The planning department a couple years ago now worked with the EPA Region Ten office to get an application that they call a Target Brownfield Assessment for the creamery and we were successful in getting that grant and DEQ worked with us to help follow that up, as you well know. Since that time we have had some conversations with our local DEQ office about another program that they offer called an area wide assessment and Aaron Sheft is with the Brownfield's division at DEQ here and the main goal of this tonight is if you could just sort of -- what we are asking for is for your blessing, if you will, on our department to proceed with filing an application that would go to EPA Region Ten office for this program. And so rather than me trying to give you the highlights of it, I asked if Aaron could come. So, if you're okay with that, he could give you a bit of an overview and, then, we are just asking for your direction after that. De Weerd: Okay. Thank you, Brad. Thank you for joining us this evening. Sheft: Thank you, Madam Mayor, Council. Appreciate the opportunity to be here to talk to you about Brownfields. Just to clarify for the audience and for those on the Council who may not be familiar with the term, according to EPA this is the definition of a Brownfield, so I'm just going to read it. Real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or the potential presence of contamination. So potential. You don't even have to be contaminated to be considered a Brownfield. Something else that's important to know about Brownfields, in general, is that EPA splits up the contamination into two different types. Petroleum, meaning Meridian City Council August23,2005 Page 4 of 62 gasoline, oil, grease, these types of things, and, essentially, everything else. And everything else runs the gamut from meth labs, to mine scarred lands, to drycleaning chemicals, solvents, anything that's not petroleum, essentially. The nice thing about the Brownfield's program -- folks aren't used to with regard to EPA and DEQ is that it's voluntary and non-regulatory and specifically it's aimed at redevelopment. So, really, it's a development slash redevelopment program, for things like green space, housing, even just redeveloping industrial properties. I will have to say that out of approximately 30 assessments that EPA and DEQ have conducted in Idaho, zero have gone regulatory, meaning no enforcement actions on any of the sites that we have assessed in this state so far, which is also good news. As Brad mentioned, there is two different type of grants. You have a bit of familiarity with the targeted Brownfield assessment, which is the anytime, anyplace, you can come and ask either DEQ or EPA for a fairly limited assessment of a specific property. It's not competitive, it's, essentially, first come first serve until the budget runs out. And that was, actually, accomplished over at the creamery, to a large success. I was a little bit nervous about that one, but it turned out to be pretty good news. And, in fact, I spoke with the potential purchaser today and they indicated that they will be closing on that property in mid September, to a large degree because of the information that they gained through those assessments. It's a very powerful tool, these assessment grants. Now, the application that we are talking about tonight, the grant opportunity here, is a nationwide competitive grant application process. It typically has a success rate of ten to 15 percent. It's not that great. And I will tell you in '03 Idaho had a zero percent success rate. In '04 we had about a 65 percent success rate. And last year we had about a 70 percent success rate. But it's important to note that out of the four states in Region Ten, we took about 45 percent of the total funding for Region Ten. So, we are doing pretty well now, starting from zero just a couple years ago. There are other cities in our region who have gone through this national competitive process for an area wide assessment grant through EPA. Notably Caldwell, basically right next door, through their Indian Creek realignment process, have inventoried a number of sites that they were interested in assessing. So, they have kind of a discrete corridor and an inventory of maybe 14, 15 sites that they want to take a look at through this process. We won the grant, they are about halfway through right now, and they are doing pretty well. CCDC, which is the urban renewal district in downtown Boise, also has an area wide assessment grant and they are on two-thirds of the way through a three phase process and I imagine their process will be somewhat similar to how this grant application would be set up, in that they are inventorying all of the sites they have within their 430 acre jurisdiction. They are done with that. They got about 380 Brownfield sites in downtown Boise. Out of that they have taken a look at -- they prioritized some sites and they sort of dropped a lot out and now we are looking at about 50 and, then, they are going to prioritize from that which ones they want to start assessing, either through phase ones, which are, essentially, record searches and, then, phase two assessments, which are similar to what happened at the creamery where you're actually taking soil and groundwater samples, until they run out of money. In the meantime, they are also coming back to EPA and DEQ and requesting these site specific noncompetitive targeted assessments. So, what MDC and meeting with Brad and DEQ, kind of thought that, wow, wouldn't it be a great idea if Meridian, experiencing so much growth, you know, with the rail property downtown that's kind of in flux, Meridian City Council August23,2005 Page 5 of 62 wouldn't it be great if Meridian decided to go for this same sort of assessment grant. You already have examples on how it's done. We have pretty good experience on writing these types of grants and being successful and you already have a little bit of experience with the Brownfield process anyway. Just to give you some specifics on the grant, it's about 15 pages is what they are generally limited to. The grants are generally due in late November, early December, there is no due date yet, but that's usually when that occurs. So, you get your application in in December, you have to wait until about June to figure out if you actually get the award. I know it's a long time to wait and sort of not fair. But after that you develop a work plan with EPA, okay, and, then, you enter into a cooperative agreement and so, generally, around October they release the funds. So, it's a long process. You know, about a ten-month process before you -- by the time you put the application in and you get your money. After you release -- the funds are released you have two years to spend down the account, spend out the grant. Accomplish your mission. Very doable. I would say CCDC is halfway through their grant period. They have accomplished probably 70 percent of what they want to do on their grant. So, it's very very doable. Another thing -- let's talk money, how much are these grants worth. For area wide assessments you can apply for a maximum of 200,000 dollars for each type of contaminant. So, we are looking at two types of contaminants, petroleum and everything else. So, for a maximum of 400,000 dollars that's the grant we are looking at and that's the grant that I would suggest the city endorse as far as applying for. Caldwell and CCDC both asked for 400,000. They got half. And they were limited to one contaminant each, both petroleum. I'm not really sure why that happened, but, you know, it's a competitive process, that's just the way it shook out. So, you must be prepared for the fact that, A, you might get nothing, B, you might just get half. And it might be split or it might be limited to one contaminant each. Or you get both, which is fantastic. The good news is there is no match for the city. No in kind, no dollar match, this is, essentially, free money, as long as you comply with the work plan that you agree with on -- with EPA. And a neat trick that some of our other applicants have learned is that once you get a contractor on board, you make them do all the work, and there are a number of contractors in the state now who are used to doing Brownfield's work and are used to reporting directly to EPA and they can send you all the reports and papelWork that you need to turn into EPA, essentially, ready to go, just with a signature. So, Brad wanted me to kind of layout what, you know, staff hours you might be getting involved with here. As far as pre-award grant writing, we are talking maybe 20 to 40 hours. Of course, DEQ will be as involved as you want us to be with writing the grant and we will also provide a letter of support as well. Then, there is a post-award commitment, that's developing the work plan, 20 to 30 hours of staff time. Again, we are available to help and I'm thinking that as we get more used to doing these that time will shrink considerably. Then, the big thing is is letting the RFP, actually hiring your contractor. That's a big step in the process. Again, that shouldn't take any more than 20 hours and I have sat on a number of panels and helped developed RFP's, so I would be more than happy to help with that. And, then, you have the actual grant management. Again, over the course of the grant, two years, maybe 20 to 40 hours. So, I'm thinking about 120 hours max of staff time that you should put aside. That's sort of worst case scenario, And another thing that's kind of good is if you spend out the majority of your grant money on inventory and phase ones -- again, like I said before, Meridian City Council August23,2005 Page 6 of 62 you can still come back to DEQ and EPA and ask for these targeted assessments on specific property that you're interested in that have a developer time line you're trying to meet. And, then, also, of course, MDC would be eligible for applying for the same types of grants. So, if you work closely together you can really strategize well to develop your inventory and plan for your explosive growth out here. Do you have any questions? De Weerd: Now -- so, the city would apply for a portion and MDC would as well; is that what you're suggesting? Sheft: What Brad and Clair Bowman and Keith Donohue, my manager and I, kind of sat down and strategized and decided that it would be best if one entity choose and since Meridian has a much larger jurisdiction than the MDC board does, we decided that that would probably be the best. Then, if it turns out that there is specific corridors that you identify for a lot of sort -- of involved assessment work, then -- and they fall within the MDC board jurisdiction -- I'm thinking about a particular region around the railroad there, that -- it might be a little bit better for them just to focus on some of those more discrete areas as far as applying for targeted assessment grants or even if they find a site that that has lots of contamination. You can, actually, do a site-specific assessment through the national program that maxes out at about 700,000 dollars per application. So that's sort of the strategy that we hit upon and if that meets the board's approval and your approval, Madam Mayor, that's what we suggest. De Weerd: Okay. Thank you, Council, any other questions? Bird: I have none, Mayor. De Weerd: Well, thank you for joining us tonight and for working with staff. I know that you did bring up the creamery and it was a big part of the decision of even putting the option. They knew what they were dealing with. Sheft: Right. Right. Thank you very much. I appreciate it. De Weerd: Thank you, Okay. Brad. Hawkins-Clark: I think what -- we would just work with MDC to get mailing out and some public notification in terms of the process. They have agreed to do that at their last board meeting. So, unless you hear anything else, we will just take it from here and work with MDC to prepare the application over the next couple of months and submit. De Weerd: Okay. So-- Rountree: Do you need a motion? De Weerd: Council -- yeah. We probably need a motion directing staff to move forward with this. Meridian City Council August23,2005 Page 7 of 62 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we direct staff to move forward with the application for the Brownfield grant. Donnell: Second. De Weerd: Okay, The motion is to instruct staff to move forward towards the Brownfield application. Is there any discussion? Okay. All those in favor say aye. Okay. All ayes. Motion carries. Thank you, Brad. MOTION CARRIED: ALL AYES. 2. Discussion of Letter from Flovd Robinson: De Weerd: Our next item -- I believe that Steve Siddoway will -- there is Mr. Robinson. I'm glad you could join us tonight. If you would like to come forward. Council, we got a letter from Mr. Robinson last week and we do have Mr. Siddoway here to give an overview from what the city has done in response. Also, Mr. Mills is here from ACHD and he's prepared to address this as well. Robinson: Thank you, Madam Mayor. I revised it a little bit and I got six more copies for you. De Weerd: Okay. Robinson: In revising it I also put today's date. I'd like to address the City Council on some ongoing problems and concerns that we have at Mallard Landing. My wife and I moved into this smaller town of Meridian to get away from the big city in 1996. So, we have been here a little while. We moved into Mallard Landing off of Linder. It's a dead end street at the end of -- crosses Franklin and so on. And in order to get into the Landing you have to cross a bridge. We moved in and I mentioned the concerns -- my concerns about 250 families on a dead end street to my developer Corey Barton. He promised me that within two years the problem would be solved, that he had ran a section of Greenhead over and kind of dead ended it for somebody to add onto, whoever the next developer would be. In 1997 I came to City Council and asked that you guys remedy the situation, because we had now reached 400 families on a dead end street. I never received any kind of answer from the Council at that time. In 1999 I came to City Council -- to a City Council meeting to report that we had finally reached our maximum in the Landing of 500 families. We still did not have any other way out of the Landing, except Linder-Franklin. Now, since the Jabil and the proposed overpass has gone belly up, we would like to have the freeway overpass that was promised to them switched over to Linder, so we can have a way out. Well, I'm here in 2005, still asking City Council to do something to help the people of Meridian. We now have two Meridian City Council August23,2005 Page 8 of 62 more housing developments and a grade school since my last visit. We are now larger than some of the small towns in Idaho. We even have a grade school. We have over 700 families living on a dead end street. My questions are does a child have to die before -- because an ambulance could not be -- into the Landing say coming out of South Linder and Overland, has to take the long way around to get into the Landing? Does a house have to burn down for the same reason, fire trucks coming from Amity and South Linder, forced to take the longer route? And the big question is how much longer do we have to wait. I have been coming here for nine years trying to get this solved. What price do we have to pay to get another exit out of Mallard Landing? If two school buses were to collide on the bridge, there is no way to get any other vehicles past the school buses because by law no one can move the school buses until after a complete and thorough investigation, which could take hours. I'm not the only one in Mallard Landing that feels this way. We are voters, too. Please visualize our situation. Thank you very much. De Weerd: Thank you, Mr. Robinson. I'll ask Mr. Siddoway to kind of give you an overview and Council an overview of what we did last year. The planning department and the fire department and ACHD all got together to see what we could do, not being owners of the land that the connection would have to go through. So, Steve. Siddoway: Thank you, Madam Mayor, Members of the Council. As Mr. Robinson points out, there is a stub -- there is actually two stubs from the Landing Subdivision to the east. One is at Greenhead Street, as he mentioned. The other is called Ruddy Drive. Both of those existing stubs are simply waiting for additional development to the east to make that connection over to the Waltman Lane area. For several years now the city has prioritized that -- to making one of those connections as an emergency services connection, for several years with the Transportation Task Force, and the list that City Council sends onto ACHD and Compass, specifically asking for a roadway connection from Meridian Road to the Landing. ACHD -- last year it was your priority number six, which was moved up from the prior year, which was at number 11. ACHD response has been that they support the connection. Given that it's a local road connection and in an area that is anticipated to redevelop, that it would be development driven. So, they are simply waiting for development to make that connection at this point. Not wanting to wait, the city did -- as you mentioned, did meet with ACHD and the fire department and the current property owner at that time, Mr. Foed Ragani, to talk about a temporary emergency access easement that would cross his property and connect Ruddy Drive stub. While he was sympathetic to the situation, he was not willing to let that temporary easement cross his property at that time. But we have been pro-active in going out and trying to go find a solution to the access problem. One of the reasons why the connection hasn't happened yet is because without a solution to the Waltman Lane intersection and being able to find access there, developers haven't been interested in that area. Since the Council's action a few weeks ago along the downtown transportation plan, we have had two pre-application meetings with developers re-interested in that area. The developer that's in the corner that would be adjacent to Ruddy Drive has been told in pre-application meeting that we would expect with any plat that comes through to see a road connection from Ruddy Drive down to Meridian City Council August23,2005 Page 9 of 62 Waltman Lane and making that connection happen. In terms of time line as to when we might expect to see that, I would guess that it's probably in about a three year time line. I don't expect to see that happen immediately, because they won't build their development until the Waltman Lane intersection improvements get funded and constructed. There seems to be two options from my perspective at this time. One is we can wait the remaining time for development to make the connection. Or the second option is to declare an emergency situation and condemn some property to make the emergency services connection. We -- just as a point of clarification, the gentleman mentioned that the Locust Grove overpass project had gone belly up. I want to assure everyone that it has not. It is -- it will be constructed next year. So, it's on the books for 2006 construction. We are working on getting these connections over the freeway. The Ten Mile interchange will likely be the next one. We are also working for a reconstruction of the Meridian Road interchange. The Linder overpass is not forgotten, but it's not on a funded list yet. It is in our Comprehensive Plan and should be included with the GARVEE projects that are from Meridian through to Caldwell. But that is yet to be seen with the work that ITD and Compass are doing. I think that's about all to report on this point, unless there is any questions. De Weerd: Steve, you had also mentioned another stub and, as I understand it, Ada County has allowed a building permit to construct a house where anything would have been stubbed into. Siddoway: Yeah. If you remember, the -- the Commercial Drive that heads west and we have -- development has built it to the Ten Mile Drain on the north side, with the intent of having a future bridge built across the Ten Mile Drain and, then, connecting the extra lot south into Waltman Lane. There is just this year been a new house constructed very close to the alignment of where that road is intended to go. The property is in Ada County. It went through the Ada Development Services for approval and we never received any notification, we just noticed it there, so -- it's the Greenhead stub could still theoretically be connected to Commercial -- is it -- not Commercial. Central. Thank you. I knew that was the wrong name when I was saying it. Central. But, again, that's a development driven connection, so -- De Weerd: Council-- Siddoway: I don't know if -- Bruce Mills, do you have anything you want to add from ACHD? De Weerd: Yeah. questions. Bruce, if you will come forward. Councilman Bird has some Bird: Well, I just -- on the Waltman deal, I realize that we -- irregardless of which way we voted on the downtown Waltman, it's been on, like I said -- like Terry Little said, I think it's been discussed since 1990. How far out is that? Meridian City Council August23,2005 Page 10 of 62 Mills: Madam Mayor and Councilman Bird, Waltman right now -- well, you have a -- first I should identify myself. Bruce Mills, Ada Highway District, Garden City. I understand tonight that you actually have a motion to adopt the downtown Meridian Transportation Plan, so, it will, then, be moved up forward to ACHD to, hopefully, also adopt that plan. In which case it would then be considered to be put on our next addition of the five-year work plan, which will be adopted this December. So, hopefully, that's what's going to happen. It will get adopted. With that in mind, design would hopefully start in 2006 and it's typically about a year of design, a year to purchase right of way -- although we don't have a lot of right of way to buy for Waltman, so 2007 -- I would say probably -- like I say, about three years out. About 2008 before we can actually do the -- Bird: Are we using any federal money? Mills: No. Not for Waltman. At that's not our intention. Bird: So, we don't have the two year delay for environment. Mills: Right. So, I would say the earliest would probably be sometime 2007, but more realistically perhaps 2008. Bird: Because Waltman had to be done regardless of which way we go on downtown. Mills: That's correct. As Steve mentioned also, we are hoping to get an emergency connect at least over there. With the property owner reluctant to do that, even putting through a regular connection without doing Waltman improvements now, is not a good situation putting more cars on that terrible intersection up by Waltman and Meridian Road. So, anyway, again, we are about three years out, probably. Bird: And Mr. Robinson's one letter stated that Jabil and the overpass went down, I think he's talking about the Locust Grove overpass. So, would you officially say that that isn't down, it was just waiting for federal money. Mills: I can go on record as saying that Locust Grove overpass will be constructed next year in 2006. It does have federal money attached to it, which is-- Bird: That's what delayed it. Mills: -- why it's taken so long, You know, there are more hoops to go through, unfortunately. You know, as you know, we are building the other portions of Locust Grove this year and I know that that's going to be a great addition to the city and some relief, at least, to the main Meridian corridor when we get the thing complete. It's not belly up. Bird: I knew it wasn't. I just wanted to make sure it was on the record from the official person. Meridian City Council August 23. 2005 Page 11 of 62 Mills: And ACHD is certainly supportive with getting Waltman connected through to -- the Landing area and, again, hopefully, once we get the intersection improved, that development will occur and we will -- we have had conversations with some potential developers about putting that road through and it sounds like the interest is there. Bird: Thank you very much, Bruce. De Weerd: Now, Bruce, would it be possible with the new property owner and not the same one who was reluctant to allow an emergency access, could we do that in the interim? Mills: Madam Mayor, we certainly could. If we have a new owner of the property -- I don't know if that's a done deal or not, but if it is -- yeah. If that's the case -- De Weerd: If we can pursue that and see if that's an option. Mills: Yeah. Because our position is still, the ACHD, if we can get some type of easement, even if it's temporary in nature, we will build at least a gravel emergency access to have a connection for emergency vehicles. We could certainly do that. De Weerd: Okay. If, Steve, you can maybe report back on the first meeting in September on the 6th, if you could do that. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I have a question of probably legal counsel and, then, maybe either Steve or Bruce. Whose condemnation act would that be? Nary: Madam Mayor, Members of the Council, I mean the city has legal authority to condemn property for public purpose, but without the -- I guess the partnership of the highway district in the project it wouldn't make much sense for us to go forward. But, certainly, if the city wanted to do that, we would have to purchase that with city funds. We wouldn't necessarily be reimbursed for that. We would, basically, be simply donating that property to the highway district for a roadway. But, legally, we could certainly proceed with that. We haven't had a necessity to do that and I don't think we have a case in Idaho that I'm aware of on that sort of unique circumstance where we would be condemning it for another public agency, but I don't -- I don't see -- I guess -- I don't see initially a legal issue with that. I think it can be done and it's your folks' decision on whether that's the right track to go down. Wardle: Thanks. I was just clarifying whether it was ours or ACHD's. Nary: Preferably ACHD. Meridian City Council August23,2005 Page 12 of 62 De Weerd: Generally ACHD. Any other questions from Council? So, Mr. Robinson, we will follow up on September 6th as to the current landowner, if he is the owner yet or not, and see if we can at last get a temporary. Other than that, that really safely could not be constructed until Waltman -- that intersection there at the light on Main Street is fixed. So, that's three years out. If you could, please, come forward. Robinson: We at the Landing thank the Council and Mayor for doing something. De Weerd: Thank you. Did we answer your question? Robinson: Everything. Thank you. B. City Attorney - Bill Nary 1. Citizen's Compensation Recommendation: Review Committee 2. Proposed Ordinance for Mavor and City Council Compensation: De Weerd: Okay. Thank you, sir. Thank you, Steve and Bruce. Okay. Item B. City attorney. Mr. Nary. Nary: I'll get out of my chair. De Weerd: If you will, please, state your name for the record. Nary: Bill Nary. Live in the City of Meridian. Mayor and Council, what I have for you tonight -- at the budget hearings in July what was put on your potential -- on your budget was an increase to the Mayor and Council's salary and the direction from you was to form a committee of citizens to review that to -- to review that potential increase and it's on the tentative budget review that prior to your budget hearing on August 30th. I did want to report back to you tonight the results of that committee. I do have a letter -- one of the committee members was unavailable today to sign it. She did send me an e-mail to indicate she was in agreement with the letter, so I will get her signature for the record. But the committee was made up of five people, Chris Klein, who is the incoming Chamber of Commerce president. Also the head of Edward Jones Investment's office here in Meridian. Sherry McCandless, a former Meridian City Council member. David Moe, a Planning and Zoning Commissioner and a former city parks and recreation commissioner. Burt Roberts, who is a member of the Meridian Ministerial Association, that's part of the group that organizes and schedules the ministers that come in weekly to do the invocation prior to the meeting, and has been a long-term Meridian resident. And, then, Todd Wingfield, who is the district director for City Cards here at Silverstone business park. The committee met twice. Both meetings were very good discussions. Both meetings lasted about an hour and a half. The committee gathered some information. They looked at other communities and what the pay scales were for both Meridian City Council August23,2005 Page 13 of 62 mayor and council, they looked at the benefits of both the mayor and council here, as well as mayor and councils in other communities. They looked at some of the increases that have been authorized in other communities, both locally and around the state, for both mayor and council. They weighed out what they felt was, essentially, a couple of different factors in both what councils make versus what the mayor makes. Some mayors are part time, in most cities, some mayors are full time, in our city and a few others. Try to balance out all of those different considerations and they came up with a couple of recommendations. What you have in front of you on your packet was possible ordinances. The state law requires that if you want to increase the pay of the mayor or the city council, that it has to be done prior to a general election, which is coming in November, and it has to be passed at least 60 days prior. The last day for it to be approved -- or, I'm sorry, to be published, is September 9th. The reason I have it before you is that if you wish to authorize an increase, the ordinance has to be on your agenda next week for it to be published in time prior to September 9th. So, if you want to consider it, that's the date that you would have to make that final consideration. There is three ordinances in front of you. What I did is the letter -- and I'll give Mr. Berg the letter and he can pass it around. It is signed by all but one member of the committee. They all were in agreement and I was hoping I would get copies, because I'd have them all done, but they hadn't got that done by the end of the business day. They made a couple of different recommendations. First, on Council salary, the committee's recommendation was to increase the Council's salaries to 8,000 dollars beginning in January of 2006 -- just to back up, the ordinances require any increases that you provide to mayor or council cannot be effective until after the election and, then, . January of the following year, so -- Donnell: That is a month, isn't it, Mr. Nary? Nary: Pardon me? Donnell: Eight thousand a month? Nary: Eight thousand dollars annually from the current 6,000. Which is what you had put in your tentative budget. They also were recommending an increase to 9,000 dollars in 2007. They felt that in relation to other cities and the amount of work, the expectation for the time that it takes to be an effective Council member, that that was -- the current pay was woefully inadequate and that it needed to be increased to, basically, keep on par with most of the other cities and what they felt was appropriate. And most of the cities that even paid more were smaller than Meridian. They also recommended in relation to the Mayor's salary a couple of different things. And it looks a little odd if you look at the ordinance. What they felt was that it was important that the city do this in a systematic and regular way. And that it should have been done two years ago prior to the mayor election in 2003 and it wasn't. So, the committee made two recommendations for the immediacy for 2006. The first is a salary adjustment for the Mayor's salary from 55,000 dollars annually, to 57,750 dollars annually. And they also recommended that in addition to that, an additional five percent on top of the 57,000. So, for a total annual salary beginning January 1 of 2006 of 60,637 dollars. Meridian City Council August23,2005 Page 14 of 62 They also recommended an additional five percent of increase on January 1 st of 2007 and, then, an additional increase effective January of 2008, to a total compensation annually of 65,000 dollars for salary. If you recall in your budget hearings, the Council's tentative recommendation was moving the Mayor's salary up to 65,000 dollars immediately. So, the committee took more of an interim step in recommending some slighter increases, but one of them was based on an adjustment that they felt should be done before each election. The other thing that was included in the ordinance -- and there is a couple of caveats, but I put in the ordinance for your consideration, because that was the committee's recommendation, was that this process of having a citizen's group, an analysis of the comparisons of salaries of mayor and councils, be done every four years on the year when the Mayor's election is to occur. So, that they don't have to play catch up and they don't have to make radical adjustments every two or four years that may have been left for a long period of time. The Mayor's salary in Meridian hasn't been adjusted since 2001. The Council's salaries -- I can only find data back to ten years ago and it hasn't changed in at least ten years. So, it's probably been longer than that. They felt that was not a proper way to address what's fair compensation for elected officials. So, the recommendation was to put it in the ordinance that on each mayoral election year that there will be a committee, it will be prior to your budget hearings, so that you have actual data and information before you have the hearings, and that you would, then, have that -- and, again, you're free to do whatever you wish, but you have that recommendation in front of you. The only caveat in doing that in ordinance, it requires that there, then, be public meetings that follow the public meeting requirements and all of that. I don't think that's a significant issue, but you just need to be aware when you establish a committee by ordinance, that it's required that they meet all the public meeting laws. Anyway, those are the recommendations of the committee. I certainly can answer any questions as to the process or how they reached those. The . third ordinance that's in front of you was probably maybe partly as much my housekeeping as anyone. When I was looking for this, state law, again, regards that all increases in salary be passed by ordinance. I couldn't find the ordinance that actually enacted what these were supposed to be. It's because it's in the section that deals with appointed officials. It deals with all the department directors and the city treasurer and the city clerk and city attorney, so it's not where it should be for the public's benefit. So, my recollection is if you're going to pass a new ordinance, that you delete it out of the section that nobody would probably find it and put it in the section that relates to what the Mayor's duties and responsibilities and pay are and what the Council's duties and responsibilities and pay are. So, that's why there is three ordinances for your consideration. Do you have any other questions? De Weerd: Council, do you have any questions? Rountree: I have none. De Weerd: Okay. Thank you. Nary: Thank you. Meridian City Council August23,2005 Page 15 of 62 Rountree: Thanks, Bill. De Weerd: Okay. Council, any discussion? You have heard both items one and two. I will need a motion on item two. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: First, I'd like to thank Mr. Nary for his efforts in bringing this forward and I'd liks to thank the committee for getting together to give us an objective view and, really, to look long term through ordinance how we can -- how we can justify Mayor and Council's pay in the future, not just today for this current Council, but in the future and I think it's something that we need to consider. With that, I would move that we bring forward the three ordinances for publication on August 30th. Rountree: Second. De Weerd: Okay. The motion is to move the ordinances forward for consideration next week. Any discussion? Okay. All those in favor say aye, All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Park's and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Faire Neiahborhood Park Development to Hillside Landscape Construction: De Weerd: Okay. Item 6-C, our Parks and Recreation Department. Elroy. Huff: Madam Mayor and Members of the Council, I appreciate the opportunity to be with you tonight and I want to give you a little update on things going on with Autumn Faire, which is now Seasons Park. That's one park that we have that is not in connection with a developer. So, we are developing that. We have had it for -- going to come into possession for many years. I think even since I first came to work. So, now it's here and so in the process of development we find some interest things there. You have before you -- we have went out to bid and we were looking for -- to award 234,000 dollars in contract. What we get in that contract is everything except a restroom, a shelter, and playground equipment. There is a couple other things going on at that site that I recently got into and one of them is that we were going to have to install our own pump station on that site and we were going to have to go to an irrigation lake on that neighborhood park, which is not what I prefer to do. Part of that was because we had a limited amount of water and we couldn't get enough volume to get across that in an evening, so that put us into day watering, which tends to have a lot of damage on sprinklers and get people wet, things like that. So, we were going forward with that and, then, was contacted by some developers and the irrigation district and there is a Meridian City Council August23,2005 Page 16 of 62 development going in a little bit there to the west and they want to add some water to the Sky Pilot Drain and put in a large pump station over there, they want us to go in that with them. That is in the works right now. I do not know what it will cost us. Generally that costs us less that if we had to build our own straight up. So, I'm still working on that and that's not in this. As well there is another little problem on the site that somewhere got overlooked, but I know that we recommended some things for that site many years ago, I think about three or so years ago, and we ended up with water coming into that site that is enough for a restroom, but not enough for shoulder season watering in spring and fall before and after irrigation. So, an inch and a half line or an inch line won't do that, but it will run a restroom. And the problem with all that is in that length of time streets got installed and so we can't hook to a fire hydrant, because that doesn't meet our present day codes, so that means we have to go back into the street with ACHD and work that out and upsize that line coming in so we will have some water there. So, those are some things we run into when we don't get to work in conjunction with a developer. So, I have been pleased on a couple of our other little parks that we are doing right now, because I get past all that, because they are providing that. This one they are not. But -- so it looks like that if we have already closed our books on our impact fee amendment, which we did just shortly ago, we would -- in order to award the current 34,000 dollar contract, we would need to take some of the money that's in the '06 budget and apply it to this contract and, then, that would enable us to take a look at the impact fee fund in the spring and if it's healthy enough, then, we could come back and do an amendment for the restroom, which would give me an opportunity to work on construction numbers that will be real fresh, which I'm kind of liking to do. But the -- I find that I can get tied up in losing to high cost of stuff and prices changing. Stuff like that kind of catches you nowadays, it seems like. So, anyways, what we are looking for is to be able to award this contract. We have currently about 172,000 in that account. That will enable us to get things going. When we get into '06 starting October 1 st, we will use some of that money to help finish this contract out, whatever I can cover for the pump station and the work in the street, and that will leave us with a restroom -- needing a restroom, a shelter, and a playground and that's all we will have left to put in that park. It will be that close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. What -- Elroy, what -- you have got 172,451 that we can actually add a contract to and does Hillside Landscape know that, as the apparent low bidder? That the contract's only going to be for 172,450? And what did you take out as far as the project that's 172? And, then, after October 1 st we would have to make a budget amendment right at that point before we could approve the other 63,000 dollars. Huff: We could do it that way, if I understand it right. Bird: But are they agreeable to this and everything? Meridian City CouncH August23,2005 Page 17 of 62 Huff: The 234 ~. the 234 is with the add-ons. We had some add alternates in there. Bird: And the bid was over 172. Huff: Yes. It was just over 172. Don't know if I got that sitting in front of you. Bird: So, your alternates -- your base bid was -- I can't remember. Huff: So, that's about -- it's 174 or something like that. Bird: Yeah. Huff: So, that was their base and, then, we did some add alternates, so we could see what those things were going to cost us if we added those in. So, if we add those in we will have the opportunity to get a lot closer to finishing that. Bird: But what you're asking for is awarding a contract for 234,341 and we can't do that. Huff: I see. Bird: We can only award it for 172,450, which is what you have got in the budget now. Huff: Right. Bird: And is Hillside Landscape Construction okay with that? Huff: That's their base number, Bird: And they are okay -- no, it's not the base number, it's 2,000 under the base number. Huff: Well, I don't know, I didn't -- we haven't talked about that, no. At least I haven't. Bird: And I don't have any problem voting, but I just -- you know, for it, but I hope your contractor understands that, that after -- it will be after October 1 st, because the Council has to approve the budget amendment for '06 and, then, they can approve the rest of the contract. But we can't until then. Huff: Right. Bird: We can only -- if you have only got 172,450, that's all we can approve the -- Huff: Okay. I understand that. And, then, we have to amend that. So, we'll have to talk to them about that. Meridian City Council August23,2005 Page 18 of 62 Bird: I mean as long as the contractor is fine with it, I have no problem with it, but I just -- they need to know where -- Huff: Right. We are certainly welcome to talk to them about that. There is several things we haven't talked about yet, so -- Bird: Then, we, basically, can make a motion in consideration of the general contractor and after you find out, then, the Mayor can sign and Clerk can attest, we can make it on that -- on the consideration that the contractor would accept that kind of an agreement. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Elroy, there is a contingency in this bid; is that right? Huff: No. Donnell: There is not? The 172 does not include a contingency? Huff: No. Donnell: Second question. Follow-up? How many acres is this park? Huff: It's seven. Donnell: Did the city purchase this property? De Weerd: No. Huff: I think it got give to us a long time ago, but it's just now -- Donnell: And not by the developer. So, there was no responsibility on the part of anyone to do anything, except -- Huff: There was no responsibility by the developer to help us. There was never anything offered for that. Donnell: And so at this point right now, though, we are looking at no restrooms, no playground equipment, no water fountain, no anything. Huff: Yeah. Water fountains would be fine. Donnell: Oh, water fountains. Because we have got water for water fountains? Meridian City Council August23,2005 Page 19 of 62 Huff: Yeah. We will be okay there, It's just that we missed getting into the amendment, because some of our numbers come in late for that, so -- we can certainly go back and talk to the contractor and, then, work out a little of it and come back in a week or so and do that, if that's what you'd rather us do. Donnell: Follow up, Madam Mayor? De Weerd: Yes. Donnell: What I'm looking at right here, Elroy, is a contingency of 2,090 and, then, another contingency of -- so, help me understand why that -- of 13,000 -- 13,300. That is -- that's showing a base construction of 282,000, though, and that's the total. Total amount of what we would need do everything. Huff: The 282, I think, was an estimate. Donnell: Okay. So, that's what the parks -- what we estimated that it would be? And so we added in a contingency in there, but the bids don't include a contingency? Huff: I'm sure they don't. I appreciate you pointing that out to me, Council Bird. De Weerd: Any further questions from Council? Bird: I have none, Mayor. De Weerd: So, you will come back next week with the preferred route? Huff: Yeah. And I think they will be -- they are good guys to work with, so I think we can probably get past that easy enough. De Weerd: Okay. Donnell: Tell them they probably could adjust for a couple thousand dollars. Just tell them to be good citizens. Bird: On that large of bid I agree with you. Donnell: Absolutely. Huff: I also will do that. Thank you. D. City Council President - Shaun Wardle 1. Resolution No. 05-487 Ratifvina the Council Action and Recommendation to the Ada County Highwav District for a Downtown Meridian Traffic Plan: Meridian City Council August23,2005 Page 20 of 62 De Weerd: Okay. Item B, our Council president. Wardle: Madam Mayor, the City Council, after a large number of citizen input, as well as input from our public agencies, has come to a decision, albeit, not a unanimous one, on what we would like to see within our downtown transportation corridor. Before you tonight is a resolution to ratify that decision and bring it to the Ada County Highway District for recommendation. And so that is what we have this evening. Would like to note for the record that there were two affirmative votes, one vote in opposition and one abstention on that recommendation. De Weerd: Okay. And that resolution number is 05-487. And I will need a motion to approve. Wardle: With that, Madam Mayor, I move that we approve Resolution No. 05-487. De Weerd: Do I have a second? Bird: I'll second it. I was a negative vote, but I'll second it. De Weerd: Motion to approve Resolution 05-487. Mr. Berg, will you, please, call roll. Nary: Madam Mayor? De Weerd: Yes. Nary: Could I just -- this is for the record, so that it's clear. All the Council is doing by voting on this is ratifying that's the action the Council took. It doesn't mean you're necessarily in agreement with that. Council member Rountree did abstain from the original vote. He doesn't have to abstain from this vote if he doesn't want to, because it is simply acknowledging that was the action the Council took. It's not an agreement or it's not an affirmative approval or denial of it at all, so -- Donnell: Thank you for that clarification. Rountree: Thank you for that clarification. De Weerd: We appreciate that, Mr. Nary. Okay. Mr. Berg. Berg: Madam Mayor, if we read the title of the resolution, you probably got that information from what the attorney said. It's just a ratification of the Council's action. Bird: Aye. But I want an explanation to reaffirm what -- even though I was negative on it, this is just what was passed unanimously, so I'm aye on it now. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council August23,2005 Page 21 of 62 MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: c. Development Agreement: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: De Weerd: Thank you. Okay. Item 7-C was removed to this and I imagine Mr. Nary or Brad? Nary: Madam Mayor? De Weerd: Yes. Nary: I asked to remove it and just for clarification purposes, I don't -- the Council can go forward and take this action on this development agreement tonight. It has been signed by Mr. Moore of the W.H. Moore Company in regards to Dorado Subdivision. The only clarification I just wanted to make clear, the Council had discussion last week about this project and had made some directions on the record as to conditions. Those conditions are in the development agreement; the developer is in agreement with them. They are not exactly what is the Findings and you had directed some amendments to those Findings take place. They haven't been completed yet, but you can take the action, because of the agreement, which is what is binding on the developer. He is clear with what you asked for. They will get cleaned up and the Findings will get finalized and the staff will do that. They were wanting to make sure the minutes were done and completed and all that. But I just wanted you to be aware that the agreement itself -- if you have read them both, you would notice they are probably not exactly the same, but the agreement is what your direction was and they are in agreement with it, so you can go forward on it if you wish. I don't know if Mr. Hawkins-Clark has any other comment, but I just wanted you to be aware of that before you approved them. De Weerd: Okay. Any questions from Council? I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve 7-C, the development agreement with Dorado Subdivision. Donnell: Second. De Weerd: Okay. Motion to approve development agreement AZ 05-019. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council August23,2005 Page 22 of 62 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES, Item 8: FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Champion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: De Weerd: Okay. Item 8 if FP 05-054. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. This is the fifth phase of Champion Park Subdivision on the north side of Ustick Road. The applicant has submitted a letter stating they will comply with all of staff's recommended final plat conditions. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing that we are in agreement, I move that we approve Item 9, FP 05-054. Bird: Second. De Weerd: Okay. Motion to approve Item 8. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 10: Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: De Weerd: Thank you. Okay. Public hearings 9 and 10 are on AZ 05-031 and PP 05- 031. I will open these public hearings with staff comments. Meridian City Council August23,2005 Page 23 of 62 Hawkins-Clark: Thank you. This application, No. 9 and No, 10, are regarding Enclave Subdivision. It's currently -- would be defined as an in-fill parcel by our code. It does have city limits, as you can see on the slide, on the north and on the east and on the south. The out parcel that's shown on the west is not a part of either the annexation request or the preliminary plat request. The only access that this parcel has is from the south, Inglenook Subdivision. The aerial photo, as you can see here, there is an existing house on the property that currently takes its access directly off of Locust Grove Road on a driveway across the north side of the property. The Nine Mile Creek borders here on their east boundary, The Planning and Zoning Commission made a few changes recommended on this plat. Here is the preliminary plat that reflects a couple of the changes that the Planning and Zoning Commission asked for. As you can see, they are essentially bringing in a public street and proposing to construct a hammerhead, which would be designed to Meridian fire department specs, so it will allow for -- as a turn around for both fire engines and the sanitary service company's vehicles. Then, at the end of that public right of way they are proposing a common driveway that would extend off the end of that on both ends. As you can see, it extends a little bit further here on the west than it does on the east. But each of these new lots, nine of them, single family lots and, then, one common would ~- would take access directly off of either the public street or those common driveways, as well as the existing house. The existing house would not take any -- would not have access to Locust Grove directly any longer. One of the P&Z Commission's conditions was to construct bollards here on this driveway, so that it would serve as emergency access only, so there would be another way to access this subdivision for emergency purposes. But they would -- they would take their access off of the new street that would be constructed. The Planning and Zoning Commission did recommend approval of this with conditions. There were three members of the public that commented at the hearing. The main change that the Commission made was on these common driveways that extend off of here. They wanted to see curb, gutter, and sidewalk continued, so that it would really have the appearance of a street as you're going east or west and not suddenly choke down and taper down to look just like a driveway. So, you would still have pedestrian opportunities there, So, they asked for that change to be made. There is also a ten- foot wide pedestrian easement on the -- along the Nine Mile Drain. You can see this dashed line right here that extends off the common drive and, then, connects in along this pathway, which does go to the north and the south. I think the only recommended change that I would have on Exhibit C, site specific condition number one, is would be to eliminate the first sentence, which currently refers to a plat dated June 1, 2005, but the preliminary plat that they revised has a date of August 10. So, there is an incorrect reference there. And with that I can take any questions. De Weerd: Okay. Any questions from Council? Bird: I have none, Mayor. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address for the record. Meridian City Council August23,2005 Page 24 of 62 Harris: Kevin Harris. Business address 1800 West Overland Road in Boise. Representing the applicant The Enclave, LLC. We'd just like to say we agree with the conditions set upon us by your staff and I'd stand for any questions if you have any. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Harris: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone wishing to provide testimony on this application? Okay. Seeing none, Council? Rountree: I have no questions. De Weerd: Okay. No questions. I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: On nine and ten? Rountree: On nine and ten. Bird: Second. De Weerd: Okay. Motion to close the public hearings on Items 9 and 10. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Further information needed? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.9, AZ 05-031, with the additional staff comments, Bird: Second. De Weerd: Okay. Motion to approve Item 9. If there is no further discussion, Mr. Berg? Meridian City Council August23,2005 Page 25 of 62 Berg: Thank you, Madam Mayor, Members of the Council. Also note that there was Findings attached to your recommendations. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES, De Weerd: Okay. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.1 0, PP 05-031, to include additional staff comments and to approve the Findings. Bird: Second. De Weerd: Okay. Motion to approve Item 10. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: De Weerd: Okay. Item 11 is a Public Hearing on AZ 05-032. I will open with staff comments. Hawkins-Clark: Madam Mayor, staff was just prepared to give you an overview, but the applicant came to the staff table and is requesting a table, so could I turn it over to the applicant right now? De Weerd: Yes. If you will, please, state your name and address. Jewett: Jim Jewett, 516 South Capitol in Boise. I have to apologize to Council and the neighbors that are here tonight. As I was driving here I noticed there was no notice on the property, so I don't have knowledge that we have a proper notice. So, I don't know if you can go forward without that notice that we are supposed to provide. De Weerd: Okay. Well, we appreciate your honesty on that. Mr. Berg, if that's not properly noticed will we need to re-notice to the neighbors and post the property? Berg: Madam Mayor, our attorney has an opinion on what that process is. Meridian City Council August23,2005 Page 26 of 62 De Weerd: Okay. He never has an opinion. Nary: Madam Mayor, what we -- the process we have been following is that if one of the notices are improper, that we do need to provide proper notice according to the statute and we have had -- as you probably recall, we have had a number of these where the property didn't get posted. We have set the matter over and we have only reposted the property. We didn't resend mailed notice and the like. There are members in the audience. It's up to the Council and yourself, if you want to hear from them tonight. It is cumbersome to do that and, then, have a hearing later, so -- but that's certainly within your discretion. But all we need to do is repost the property and, then, reset the matter beyond the ten days that are required for that. De Weerd: Okay. Council, any comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I have no problem setting it and we probably ought to set it for the 13th of September at this point, so to make sure we have plenty of time to get the notice. But I wonder if there is any of the public here that was here to testify that cannot make it back for the 13th that would need to testify tonight? I'm like the counsel and -- I'd rather hear it on the night of the hearing than do it now, but if there is somebody that can't make it back on the 13th of September, then, I certainly welcome their testimony at this point, if that's your desire. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, the property notice is only ten days, so you can require that it be reposted and do it on the 6th if you want to. You can certainly do it on the 13th. It's not 15 days like your mailed notices, so just you know you don't have to set it that far away if you don't want to. De Weerd: Well, that's the day after Labor Day. Bird: Yeah. We are getting the 6th awful loaded. De Weerd: Okay. Well, we apologize to any of the public that were here to testify on this application. Is there anyone here who will not be able to join us on September 13th who would like to provide testimony this evening? Okay. Again, please accept our apologies and, Council, I need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council August23,2005 Page 27 of 62 Bird: I would move that we continue Public Hearing AZ 05-032 to September 13th, 2005. Donnell: Second. De Weerd: Okay. Motion to continue Item 11 to September 13th. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Item 13: Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Item 14: Public Hearing: CUP 05-034 Request for a Conditional Use Permit / Planned Development approval for one single-family home and five retirement homes on two lots in a R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: De Weerd: Items 12, 13 and 14 are public hearings AZ 05-027, PP 05-027, and CUP 05-034. I will open these three public hearings with staff comments. Hawkins-Clark: Thank you. And as far as I know, this one was noticed correctly. This application is for property on the east side of Eagle Road. South Eagle Road. This is about 700 feet south of Victory, This is the intersection of Victory and Eagle Road. The Kingsbridge Subdivision that the City Council approved fairly recently is located to the south and to the east. The project is currently Ada County zoning. RUT. And they are proposing to annex with an R-8 zone. The Comprehensive Plan, just to clarify why they are requesting a residential zone for the assisted living use, the Comprehensive Plan designates this area as medium density residential. That's what it envisioned and we have interpreted that medium density residential would allow for these senior assisted living -- you know, very residential character kinds of buildings to be permitted. They are really not viewed as commercial projects. So, we have recognized that the R-8 zone fits in the medium density residential. Assisted living facilities or, as our ordinance currently states them as retirement homes, says that they are a conditional use in the R- 8. The density would actually allow them to go with a lesser zone. However, the zoning ordinance's schedule of use does not allow for these retirement centers in the R-4 or the R-3 or the R-2, so they, in some ways, were forced to request the R-8 in order to get a Conditional Use Permit. So, that's the reason for the zone request being R-8, As you can see, there is a residence that's here on the northeast corner of the property. They are proposing to take no access off of Eagle Road, no new curb cuts would be Meridian City Council August23,2005 Page 28 of 62 constructed. All of their access points would be from the existing Falcon -- Falcon Drive. Let's see. I'll go to this site plan, it might be a little easier to read off of. So, their curb cut that they are proposing is after you come off Falcon Drive, would be located here just to the west of the existing house, which is here in this corner, once again. So, they are proposing to construct at their first phase two of the assisted living buildings and I'll flip through the elevations. You can see the rear elevation here on the top and the front elevation on the bottom. And, then, the side elevations are shown here. So, they are single level. They are proposing some rock wainscoting on the bottom strip. The construction style is pretty similar to the cottages which the same applicant has at Ten Mile and the Bridgetower area. Just to give you an idea that that's the product that they are looking at. So, again, those two buildings would be constructed in the first phase here. They are proposing a clubhouse as well as an amenity. The Planning and Zoning Commission is recommending approval. The three changes that they discussed and are forwarding on to you are -- the first one deals with the development agreement. The staff originally did not say that a development agreement would be necessary, but the Commission felt that that was important to help insure the residents that that was -- that this is the project that will be built. And so they have essentially said no more than five new buildings can be constructed, plus the clubhouse on the property. The second change that they are recommending is that a five-foot tall vinyl fence be constructed around the full perimeter. And, then, the last one has to do with the clubhouse amenity. Staff originally felt that the clubhouse should be constructed after the third building was constructed. They are asking that it be after the fourth. So, that would leave just one building left before the clubhouse technically would have to be constructed. So, that's more of a timing issue. The other amenities that they are looking at as part of this planned development are the ten percent open space and the gazebo. As you can see, most of this shaded area here is landscaped area and open space area. The buildings will be sprinklered. That was a condition that the fire department asked for and I think, actually, building code probably requires it in these facilities. All of the residents would be ambulatory. I think the only other thing to point out -- the annexation does include the entire property, but they are requesting that this existing house not hook up to city water and sewer at annexation, they are asking that they not be required to hook that up until they construct phase two, which, again, follows generally this dashed line here across the bottom of the slide. And I will end staffs comments there. De Weerd: Okay. Council, any questions for staff? Is the applicant here? Would you like to provide testimony? If you will, please, state your name and address. Maxfield: I'm Gerald Maxfield, owner and operator of the Cottages. My address is 1920 South Mayflower Way in Boise. De Weerd: Thank you. Maxfield: Up until recently that was a Meridian address, but we were just annexed to the fine City of Boise. Donnell: And we are sorry. Meridian City Council August 23. 2005 Page 29 of 62 Maxfield: Yeah. Any of you that have seen our project over in Bridgetower, this was the same -- all our buildings are the same. The only thing that really changes, of course, is the site and, therefore, the landscaping a little bit, but it will be just as nice as what we have done at Bridgetower as what we are doing here. We have met with the neighbors a number of times and addressed any concerns there. We are fine with the conditions that staff has recommended, with a couple of comments. We are fine with the development agreement that's been proposed. The vinyl fencing is something that we were going to do anyway, but it was not addressed on our site plan, so that was an oversight on our part. We are certainly fine with that. The written comments mention the clubhouse being done with phase one and that was never our intent. It was our intent to do that with phase two. And as Brad was speaking about that a minute ago, I think he actually worded that it would be after the fourth building. We are actually okay at doing it with the fourth building, which would set that time line up possibly quite a bit. I think that's the extent of my comments. I'm certainly available for any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none, Mayor. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: This might be a question for Brad or it could be a question for you, Mr. Maxfield. You mentioned that the existing house is not being required to hook up to city water and sewer. Is that by their request or by the city's or -- I didn't quite understand what and why. Hawkins-Clark: No. If I said that I was incorrect. They will hook it up, it's just that they are asking that it not be hooked up with phase one. Donnell: And that is by the owner's request or is that-- Hawkins-Clark: Yes. Donnell: -- the applicant's request? The owner's, Of the existing -- Hawkins-Clark: Oh, of the existing -- I don't know. You will have to ask Mr. -- Gerald. Maxfield: We are actually okay with hooking it up as part of phase one. The thing that I didn't want to do was to hook it up prior to our construction. That was the only thing that I was really concerned about. Donnell: Okay. Meridian City Council August23,2005 Page 30 of 62 Maxfield: I just wanted to do it as a part of our construction project. Donnell: Okay. Rountree: With phase one. Maxfield: With phase one. Donnell: Okay. Thank you. De Weerd: Any other questions from Council? Okay. Thank you. Maxfield: Thank you. De Weerd: Is there anyone here tonight that would like to provide testimony? If you will, please, state your name and address, Turner: Good evening, Madam Mayor. My name is Brady Turner, I live at 3678 South Caleb Place in Meridian and that's in the Dartmoor Subdivision just to the south. In meeting with Mr. Maxfield on the development, the primary concern of the neighbors was the increase in the zoning from the low density R-3 to the upper density -- or the higher density R-8. We do understand that this is driven by the conditional use and the schedule of uses -- permitted uses of the City of Meridian, not necessarily the zoning or the actual density of the buildings. So, we -- as long as the condition three in your Exhibit D of the staff report is incorporated into the conditions of approval, which requires that a development agreement be entered into between the city and the developer that limits the site to no more than six additional primary structures, we feel that this would address our concerns about the increase in density should this project not go through or to up to defer, if you will, setting any future precedence's on this adjacent property development. So, with that we are fine with what they have proposed. De Weerd: Great. Thank you. Is there any further testimony on this application? Mr. Maxfield, do you have any final words? Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs, Donnell. Donnell: I'd like to make a motion that we close the Public Hearing on Items 12, 13 and 14. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 12 through 14. All those in favor say aye. All ayes. Motion carries. Meridian City Council August23,2005 Page 31 of 62 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 annexation and zoning, AZ 05-027, the Maxfield Subdivision, including all staff and applicant comments and other testimony on phase one. Bird: The existing property-- Donnell: Oh. And the existing property. You're just trying to put words in my mouth, aren't you? Rountree: I'm going to ask you anyway. Donnell: Okay. Bird: I will second that and -- De Weerd: There is a second with a couple questions. Donnell: Maybe so. Bird: You did include in your motion -- it included that the existing house don't have to be hooked up immediately, they just can be hooked up at phase one construction; right? Donnell: Yes. That was including all staff comments. Bird: I agree with you, Christine, Donnell: Okay. And there are Findings? Oh, amend the Findings as such. Oh, you're walking me right through this. Thank you very much. Did we get there? Bird: You bet. De Weerd: Any further coaching here? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 13. Meridian City Council August23,2005 Page 32 of 62 Donnell: Shall I try it again? Bird: You're on a roll. Rountree: This one's easy. Donnell: Okay. Madam Mayor, I'd like to make a motion that we approve AZ 05 -- I've got to make sure I'm on the right one. Oh. PP 05-027, request for preliminary plat for Maxfield Subdivision including all staff and applicant comments. Rountree: Second. De Weerd: Okay. We have a motion to approve Item 13. If there is no further discussion, Mr. Berg, will you, please, call roll. And that includes the Findings? Berg: Amended as such. Donnell: Thank you, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Donnell: I've got the clerk so confused, Madam Mayor, Shall I try the next one? De Weerd: Oh, please. Donnell: Oh, Madam Mayor, I'd like to make a motion that we approve Item No. 14, CUP 05-034, request for Conditional Use Permit for Maxfield Subdivision, incorporating all applicant and staff comments, and approving the Findings. Rountree: As amended. Donnell: As amended. Rountree: Second. De Weerd: We have a motion to approve Item 14 as amended. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES, De Weerd: Thank you. Meridian City Council August23,2005 Page 33 of 62 Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: May I ask Councilman Bird a question? De Weerd: Yes. Donnell: How many years have you been a Council person, Mr. Bird? Bird: How many what? Donnell: How many years? Bird: This is my eighth. Donnell: Okay. Maybe at the end of eight years I might be able to -- or I'm just through now. Bird: You don't think I make mistakes? You know I do. Donnell: Okay. Maybe after eight years I might able to do these right. Bird: You're doing a great job. Item 15: Public Hearing: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: De Weerd: You're doing fine. Okay. Item 15. Public Hearing VAR 05-015. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This variance request is for a single-family residential lot in Bedford Place Subdivision here on the south side of Ustick between Meridian Road, about a quarter mile to the west, and Locust Grove. The application that you read goes into a good explanation in terms of why they are requesting this variance. There is a single family residence on the property today, which has a little over 11 foot front setback off of the -- what's the name of that -- East Edgar Street. And the addition was placed on in the mid '90s. It did receive City of Meridian approval, but it was apparently put on -- this is the existing house on the parent parcel, as I understand it, and prior to the actual -- this house being put on a lot is when they applied for the building permit to expand the residence -- the living area and go closer than the required 20 feet. I'll let Mr. Turnbull explain some of the history in terms of their ownership on the property, but there was a life estate involved and some other agreements that were made with the owner at the time. The Meridian City Council August 23. 2005 Page 34 of 62 owner did pass away last year and so there is a provision in the life estate that no longer is in effect. The bottom line here is that they did place a deed restriction on this lot, which stated that they could have the reduced setback until that current owner either moved -- either moved away or was no longer the owner. At that point, then, they would have to comply with the city ordinance for the 20-foot setback. So, the variance is they apparently changed their mind and would now like to retain the house as it is and they need a variance in order to accomplish that. So, there is sort of a two-pronged decision before you, I think. I don't know if the attorney needs to clarify or not, but I think we, essentially, have the variance, number one, would be for the setback, but, then, there is also a request to approve a change to the -- to this deed restriction, which I'm not sure of the technical process we need to do that, but they are asking, basically, for the City Council's approval of that. So, I think that's a summary of the application. The staff report that you have prepared by Craig Hood, he makes an analysis of all the Findings. He does find that there is not a significant impact on this community as the house is and, in fact, I think their application states they talked to some of the neighbors who really don't have an issue with it. But, as you know, we have to make all the Findings or you have to make all the Findings, really, to grant a variance and we cannot find where this was a situation that can't be remedied. So, we are recommending denial. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Turnbull: Good evening, Madam Mayor, Members of the Council. David Turnbull. 12601 West Explorer Drive, Boise. De Weerd: Thank you. Turnbull: Appreciate Brad's presentation of the staff report. Just give you a little background, We acquired this property in -- it was on my birthday, actually, in 1994. And when -- we granted in that acquisition -- Mrs. Davis owned the property and she was an elderly woman at the time and a widow and wanted to remain on the property until her death and so we granted her a life estate in the property and she just passed away, actually, last year. She was in her 90s somewhere. When we acquired the property and we layout our preliminary plat, we had an existing problem with her house, which was the garage, which would have conflicted with the required setbacks and so we, actually, relocated -- constructed a new garage in this area right here to mitigate that setback requirement. We actually acquired the property and we were into the development of the property and Mrs, Davis took her own initiative and decided she wanted to build a sunroom or a family room on the front. We weren't aware, really, of that condition, but she built -- the house ended about right there and so this is the little family room that she built on the front. I don't think anybody knew that that was a problem. The city, obviously, issued a building permit to Mrs. Davis and, really, didn't Meridian City Council August23,2005 Page 35 of 62 become an issue until we were into our final phase of development and during the platting and construction process we discovered that it was a problem with a setback issue and we brought it to the city and the city engineer wasn't willing to sign the final plat without the deed restriction. So, to say that we agreed to it was kind of like a shotgun type of -- we didn't really have any choice at the time, so -- I want to hand out just a couple of photos from across the street that will, hopefully, give you a little bit of a picture. De Weerd: I turn around in that driveway all the time. I drop my daughter across the street from there. Turnbull: The first picture there shows just the basic house. It shows you the sun room or family room out front. Shows you the garage on the right. I don't know how far that garage is set back, but it's substantially more than 20 feet. And, then, I took a picture kind of showing off to the right-hand side of the property in relation to the existing home there on the right. So, hopefully that gives you a little bit of a picture of the property. I just want go through Craig's staff report and just make a couple of comments. In required finding A, he states that -- this is more tongue in cheek, but he says the applicant could fairly easily reconstruct the home so it complies with all the setback requirements and I was just wondering if Craig would come out on the weekend and we could just shove that back about five or ten feet. It's not a simple thing. It's not -- it's not easily done. You know, it's not impossible, but it's not easily done. And the other comment that we acknowledged the substance setback and we agreed to comply with the 20-foot setback in the future, I have addressed that already, that, really, we didn't have a choice at the time. And I don't want this to sound like I'm pointing fingers, because this is just one of those things that happens, but, you know, the city received a building permit application from Mrs. Davis and approved that application. B, I want to point out that the staff acknowledges that -- the last sentence there, staff acknowledges that if this variance were granted it would not inhibit the general achievement objectives contained in Title 11. And, then, in item number C and D, I think that they are in full agreement with -- you know, that none of this would be injurious or would have a detrimental effect on the title of the Comprehensive Plan. So, I guess that we are in agreement with about two-thirds of everything that the staff presented here. They -- the questions remaining are, to my mind, three things. Does a strict enforcement of this benefit anyone and I believe the answer is no. Does a strict enforcement harm anyone? Well, I believe the answer is yes and, number one, it's going to be costly. Number two, it will decrease the value of the property, which means less tax revenue to the city and also would diminish the property values for the surrounding neighbors. So, I don't think that it's a benefit -- in fact, I'm not so sure that taking off that sunroom wouldn't take it down below the minimum square footage for the neighborhood. I can't verify that, but it is a significant part of the house. And, then, third, I'd ask you to consider is there an unusual circumstance here that would justify granting the variance. And, like I said, I'm not pointing any fingers, but you know -- Rountree: Go ahead. Meridian City Council August23,2005 Page 36 of 62 Turnbull: Well, no, I don't want to blame anybody, because this is -- this is really a situation of unintended consequences. But the city did grant the building permit after our preliminary plat was approved and it was in -- you know, which caused the setback issue with our preliminary plat. There was no way to modify our preliminary or final plat and so we were stuck with that situation. So, I would ask that the City Council find that there is an unusual circumstance here that would warrant the granting of the variance and appreciate your favorable consideration and I'll stand for any questions. De Weerd: Council, any questions for the applicant? Bird: I have none. Rountree: I have none. Donnell: None. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Can I ask a question? De Weerd: I asked Council if they had any. Bird: He's a counsel man. Rountree: He's a counsel man. De Weerd: Wrong spelling. Yes, Mr. Nary. Nary: Thank you. Mr. Turnbull, one of the things you asked for was a -- also for the Council to grant this waiver -- or I guess rescission of the deed restriction. Turnbull: Correct. Nary: But was the deed restriction prepared by the city? I mean we can record a Council action, Turnbull: Yes. Nary: But I don't -- but we wouldn't normally prepare a deed -- a new deed for you. So, I guess I would be curious about that application. Turnbull: I believe that the city would just need to agree to recording a document that lifts that restriction. Meridian City Council August23,2005 Page 37 of 62 Nary: Okay. Thank you. De Weerd: Okay. Thank you. Okay. Is there anyone here present that would like to offer testimony on this application? It is a mystery solved, though. I don't know if I'm okay to turn around in -- I always wondered about that house. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Seeing nobody jumping up to testify, I move we close the Public Hearing on VAR 05-015. Rountree: Second. De Weerd: Okay. Motion 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: I'm prepared to make a motion to approve VAR 05-015, the request for a variance to allow a reduced front setback and approve the removal of the deed restriction placed on the lot for Bedford Place Subdivision by Brighton Corp at 596 East Edgar Street, to include all staff and applicant comments. Wardle: Second. De Weerd: Okay. Would that also include instructions for the attorney to draw up -- Bird: The Findings of Facts, Conclusions of Law, and decision of order. Rountree: And the reason why. Bird: And the reason why is because we give them a building permit and didn't check. Wardle: Second agrees. De Weerd: Okay. Mr. Nary, do you need any further instruction? Nary: No. That was what I was going to ask to clarify and so that it would -- Bird: When he looked at me, I -- Meridian City Council August23,2005 Page 38 of 62 Nary: The direction of the Council is the unusual circumstance and two of the findings that need to be made is based upon the city's action in regards to a building permit being used and that would distinguish it, then, from the other circumstances that we see occasionally where the city did not have any involvement, didn't issue a permit, and, then, somebody just built something on their own volition. So, we can distinguish that in the order, so -- De Weerd: Okay. Bird: See, Christine, I just sit closer to the attorney to keep me in line. Donnell: I see. Got it. De Weerd: If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue De Weerd: Okay. Item 16 is a Public Hearing on TCU 05-001. Open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is for the property located at 650 West Broadway Avenue, as shown on the screen. It's surrounded by higher density R-15 zoning on the north, south, and east. On the -- or, I'm sorry, on the south side it's got industrial zoning. There is four-plexes on the north and west, single-family residence to the east, and, then, a manufacturing yard, Capital Concrete Products, has their yard there across the street, across Broadway. The property today has this structure on it, which is being used as a day care, a child care center, and what the applicant is proposing to do is to transfer the Conditional Use Permit that was granted on this property to her under a new name. The parking area you can see is shown here. This is a shot from kind of right on their property line, generally about on Broadway, looking to the north and to the west. There is a couple of questions, I guess, that staff would just like the applicant to address before the Council tonight, that I'm not sure were completely covered in the staff report, but Joe Guenther's staff report does ask for clarification on their staffing and parking demands. There are four parking spaces on the site today. The proposed 24 children by ordinance would require five parking spaces. So, they would be one parking space short, if they were to have 24 children. So, we do need to have on the record some clarification on that. Also, the ten foot buffer landscaping ordinance requires ten feet of landscaping beyond local streets. So, in this case -- sorry, I don't think we have a site plan in Qur slide show, Meridian City Council August 23, 2005 Page 39 of 62 but this parking lot -- the cars -- there is two cars that park this way and, then, there is two cars in the garage. So, the ordinance would technically require ten feet, basically, from the property line adjacent to Broadway, then, into this site. So, it would be helpful to clarify if that would eliminate one of the stalls. If so, then, it would be two short. So, we need that confirmed on the record as well. And, then, on, finally, I think -- let's see. B-5. Exhibit B, No.5, of the staff report talks about the driveway and having a 44-foot wide curb cut, essentially. When Joe did a site visit he doesn't say when this was done, he makes the point that it was new asphalt that was poured at approximately 44 feet in width. Normally, Ada County Highway District doesn't allow driveways serving these single-family residents to be anymore than 30. So, I guess the question is when was that done and has Ada County Highway District approved the 44-foot width. So, I think with those questions being answered and clarified, we may -- staff -- you know, I may have some more questions. But I think if we could start with that. De Weerd: Okay. Any questions for staff, Council? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? Gonzalez: Good evening. De Weerd: Good evening. If you will, please, state your name and address. Gonzalez: Yes. My name is Leslie Gonzalez. The address is 650 West Broadway Avenue, Meridian, Idaho. 83642. I'm here tonight -- first, I'll clarify your question. The actually writing of the application process was from four and a half years ago when the current owner Janet and Dahl Torgensen had applied and because it's a transfer, when I spoke with Nancy in the city clerk's office, she said that it's the same paperwork that is transferred along with this. The parking -- there is actually five parking spaces. There is one that's ADA approved. There are two parking spaces inside the garage where the staff parks, and two additional parking spaces outside and they face east and west, not north and south parking. The landscaping issue has already been corrected as of about four and a half years ago. It has a berm and with heavy foliage to eliminate any headlight problems for neighbors when customers are coming in and out. Is that -- oh, the 44 foot driveway. ACHD approved that with a driveway in exchange for the Torgensens to put in sidewalks, gutters, and curbs. So, that's all been taken care of. And ACHD sent with this application a letter that says that there is nothing that needs to be done. It was in our package that was sent to me yesterday. Can I answer your questions? De Weerd: My son is their neighbor, so I feel like a kid's night tonight. Gonzalez: Had I known you needed someone to say the pledge of allegiance, we could have brought the children, because they say it every morning, and nothing will touch your heart than hearing two, three, and four year olds say the pledge of allegiance. Meridian City Council August23,2005 Page 40 of 62 De Weerd: Very true. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Would you clarify, again, the parking. You said there are five parking spaces, one ADA, and you said two staff -- Gonzalez: Two staff parking spaces in the garage. Donnell: -- in the garage. And two outside. Gonzalez: And two more -- Donnell: And two more -- Gonzalez: So, there is ADA, two parking spaces outside, for a total of three, plus two staff parking in the garage. Donnell: Okay. Gonzalez: That fulfills the requirement -- at least it did four and a half years ago. De Weerd: Brad, did you have additional questions? Hawkins-Clark: I'm having a little deja' vu, Mayor, because I -- as I was reading through this application I thought a lot of this sounded familiar. I think -- Gonzalez: When I spoke with Nancy in the clerk's office, she said because it's a transfer of a Conditional Use Permit that all the paperwork stays the same. Hawkins-Clark: Yeah. So, my apologies. I don't think that was made clear by Joe, who did the research and the staff report on this, so we should have -- I think if -- the choice for your transfer is all -- so, yeah, they, essentially, have complied with the original one. I was confused and now I'm not. So, I appreciate that. Gonzalez: We just want the opportunity to continue serving the families of Meridian. De Weerd: Thank you. Gonzalez: Are there any questions? Donnell: No. Meridian City Council August23,2005 Page 41 of 62 Bird: I have none. De Weerd: Thank you so much. We appreciate your energy. Is there anyone who would like to provide testimony on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Public Hearing TCU 05-001. Rountree: Second. De Weerd: Okay. Motion to close Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 16 for the transfer of the Conditional Use Permit. Bird: Second. De Weerd: Okay. Motion to approve Item 16. Is there any further discussion? That includes the Findings? Rountree: Always. De Weerd: Always. Berg: Madam Mayor, just a question, because I didn't see any Findings, so I was going to ask if we needed Findings or a condition of order or something of that nature. This is a transfer, so it's kind of unique. Okay. So, we will prepare Findings for approval next consent item. Two weeks. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And thank you. Meridian City Council August23,2005 Page 42 of 62 Gonzalez: Does that mean we are not approved until two weeks when it goes though consent item or can I close this deal? De Weerd: Mr. Nary, what does this mean? Nary: Well, Madam Mayor, I mean, technically, until you approve the Finding and the order, it isn't a final decision of the Council. So, if it's an issue about closing on a sale, technically, they should probably wait until it's actually finalized to do that, but -- Donnell: Then could we-- Nary: Mr. Berg has an opinion. Berg: Madam Mayor, could we prepare that information next week and I could put it on to the special agenda, that seems to be getting longer, but -- Bird: The 30th we are having a regular meeting I see now. Nary: Madam Mayor, Members of the Council, I mean certainly I wouldn't anticipate a change in this particular application, but I mean if they want -- if they need all the T's crossed, we can certainly do it by next Tuesday. Because it is a conditional use transfer, you are safer to have Findings and an order, rather than just taking, essentially, the action tonight. So, you don't have it finalized in front of you. But, again, I can't anticipate a change, but I mean the risk is theirs, but -- unless there is something with the SBA loan that requires your final approval before they close, it's just the comfort level of the buyer that you're not going to change your mind. Donnell: We are not going to change our mind. Nary: I certainly wouldn't anticipate that, but-- De Weerd: Okay. Well, we will ask the appropriate papers be prepared for next week-- Nary: We can do that. De Weerd: -- for Council action. Okay. Berg: Madam Mayor, if they need a draft copy of the minutes for any reason, we might have them Friday. So, if you need to take that to the bank for any reason. Item 17: Public Hearing: MI 05-008 Request to modify the approved Development Agreement for Cedar SDrinas Professional Center by Lynn Brown - northeast corner of Venable Lane and West Ustick Road: De Weerd: Item 17 is Public Hearing MI 05-008. I will open this Public Hearing with staff comments. Meridian City Council August23,2005 Page 43 of 62 Hawkins-Clark: Thank you, Mayor, Members of the Council. This application -- it's a miscellaneous application, which is the application that we traditionally use for amending development agreements. And you have seen this property a few different times in the past. It is shown here on the north side of Ustick. Venable Lane. This is the half-mile point between Meridian and Linder Road. About a year and a half ago -- this map doesn't reflect it, but this property was approved for a rezone to that C-N, neighborhood commercial. So, it should be red. I'm not sure why it's not, but -- and at that time, excuse me, the applicant got approval for this plat, along with a Conditional Use Permit. Have a -- it functions like a private street that was approved here. All of this infrastructure has been constructed, by the way, so if you have been out there, you have probably seen their curb cut off of Ustick, as well as Venable. There are seven- foot sidewalks on both. Anyway, the point of the meeting tonight is for this Lot 1, which they were approved for a car wash facility and a coffee kiosk down in this corner, with some vacuum units here next to Venable Lane. And the Conditional Use Permit said that they would have hours -- limited hours of operation for certain uses. It also said that there would -- the only uses on this would be the car wash and the coffee kiosk. So, what they have now that there is a new owner, they have a proposal to convert a portion of their approved car wash area to a convenience store. These are the elevations that were approved about a year and a half ago with the application. The south elevation, which is the one facing Ustick Road as shown here, they are -- as you can see, it's a well designed building. Their office units kind of compliment this in terms of the materials, but they are proposing to take a portion of this front area and change that to -- the first bay not to be a car wash, but to be a convenience store, I think somewhere between 1,600 square feet, 2,000 square feet, somewhere in that area. So, they are proposing that their development agreement be -- permit C stores. As proposed it would actually allow them everywhere on the site. I don't think that was their intention, but just for staff's clarification we added in our report that it would actually only apply to Lot 1, but that's, of course, up for your discussion. In terms of the hours of operation, on page two of the staff report I listed there that the drive-thru coffee-stand was limited from 6:00 a.m. to 8:00 p.m. and that fuel delivery and refrigerated truck operations were 7:00 a.m. to 6:00 p.m. They are requesting 24-hour operation on this -- on this lot. They currently have 24 hour for the car wash and fuel pump, but the coffee stand was limited and I think, you know, that was, in part, just because of the increased traffic that would be generated by that, as compared to a car wash, which is far more intermittent throughout the day. I also included in there the -- the Council's action. I feel there is probably three main questions that you want to consider tonight in your deliberations. One is was there neighborhood opposition or concerns to retail or C stores at the original hearing and there were two members of the public, Mr. Joe Simunich, as well as Mr. Bill Jackson, who did testify before you and both of them did raise concerns about auto-oriented uses in this area. The motion -- I also listed there Councilman Wardle specifically mentioned a Maverick convenience store, saying that that's not what you were looking at at the time and that's true, you weren't, but that was one of the reasons that you could infer was for approval there. It was clarified on the record, then, that the C stores would be permitted without a Conditional Use Permit and that, of course, the ordinance remains the same, they would not require a Conditional Meridian City Council August23,2005 Page 44 of 62 Use permit, since they have the C-N zoning, Except for the fact that they have to amend this development agreement. So, that was my first question. The second question we thought was important was do these modifications conform to the zoning ordinance in the Comprehensive Plan and I think, in fact, they do. I mean the ordinance does not address 24-hour operations. We typically -- recognize that commercially zoned land has that as a possibility and restrictions have been placed, as was on this application, to help protect the area, if there were neighbor concerns. But to allow a 24- hour operation would not violate any zoning ordinance, since it's not addressed. The Comprehensive Plan would clearly allow it. It actually encourages these kinds of service oriented uses in these neighborhood center areas. Then, the third question posed was a C store an appropriate use adjacent to an elementary school -- in this case a future elementary school. I did have a brief phone conversation with Wendell Bigham, who stated that they have no concerns -- no comments I guess were his actual words, that they have addressed this issue in other areas and since Idaho code is addressing several things regarding schools, in this case none of those issues, in terms of liquor sales or sexually explicit materials, those are addressed in state code and he says that's really what we relay on. So, the traffic concern with regard to the school is somewhat unclear. We do know that ACHD calculated higher traffic for C-stores than they do for car washes and -- but beyond that I think that's open to your interpretation. So, we are recommending approval of the change. We do recommend a restriction that the C store use in the 24 hour operation be only on Lot 1 and not apply to all five lots. So, I think these development agreements -- if you approve them, we, essentially, go back and modify them. It's really not an opportunity to change conditions. The last point is that during our meeting preparing for this today, I did bring up with the attorneys the fact that the Conditional Use Permit has these same conditions as the development agreement and I failed to point that out to the applicant a couple months ago when they first started talking to us that -- that you probably need to change the Conditional Use Permit as well. So, the only thing they filed was to change the development agreement, but it's the exact same conditions that are in both the Conditional Use Permit and the development agreement. The attorneys are recommending that if you move this on, that in order to at least get the public informed that the Conditional Use Permit would change, that we put it on an agenda in two weeks, that there is a change to the Conditional Use Permit for this sight. We wouldn't -- after re-notice or repost we have accomplished that with this meeting, but -- am I getting that right, Mr. Nary? I think, essentially, we would have to put it on the agenda in two weeks. Nary: Madam Mayor, Members of the Council, you know, what our recommendation would be is that if -- we don't do these like this anymore, because of this exact problem that you may have. We have had conditions in our development agreement that don't really belong there and so you have these two different processes to follow to make an amendment to it, but to be safe and to make sure, if that is your desire, then, your direction to staff can be to amend this application to include the request to amend the Conditional Use Permit as well, we can notice that on the agenda. It is the exact same people, so sending another mailed notice is really not necessary, in my opinion. Anyone who had interest would certainly be here today. You can continue this matter for two weeks. It would reflect on the agenda that you have amended the application to Meridian City Council August23,2005 Page 45 of 62 include the conditional use. It's the same information that you would be seeking from the public, if there is anyone from the public here to testify. So, you can still make the same decision, it's more of a house cleaning -- a way of doing it to make sure that when we amend the development agreement we don't have to come back through with the same amendment to the CU. Again, we don't have this come up -- we shouldn't have this come up in our newer ones since "last year, because we don't do it this way anymore. But that would be the cleanest way to make sure that the CU gets amended as well, if that's your desire to do that. De Weerd: Thank you, Mr. Nary. Any questions for staff at this time? Is the applicant here? Fluke: Good evening, Madam Mayor and Members of the Council. My name is Daren Fluke is the JUB Engineers, 250 South Beechwood in Boise. De Weerd: Thank you. Fluke: This application falls in the category of best laid plans. When we submitted this application about a year and a half ago, the owner at that time had no intention of having a store on the property. In the intervening time since the property was built and subsequently sold, the new owner would like to have a store on the property. And so that's why we are here tonight. I just want to point out a couple things. For instance, this is really a pretty minor change to the application. The architect's done a fantastic job of incorporating the store into the original design. This is a really nicely designed car wash, I think you'd all agree, and the only change that you will really see is on the south elevation here, it just popped out from what was originally there and, then, we eliminated the coffee stand off of the site to make room for that. The square footage on the convenience store is 2,200 square feet, which is fairly small for this type of use. I would point out that we do lie within an area that is designated as mixed-use community on the Comprehensive Plan and that is the medium intensity designation of your three mixed-use zones. That designation does allow up to 25 acres of non-residential uses and up to 200,000 square feet of non-residential building area. This project in total has about four and a half acres, but just a bit more than that, with about 24,000 square feet of office. And, then, about 4,400 square feet for the car wash and, then, 2,200 square feet for the convenience store. So, your total square footage of non-residential uses is less than 30,000 square feet in this case. Well below that 200,000 square feet envisioned by the Comprehensive Plan for these neighborhood commercial areas. We think this is a use that fits well the car wash. It's really a convenience use for the neighborhood. We don't anticipate this generating a lot of additional vehicle trips and that is borne out by the Ada County Highway District transmittal, which we just received. It's dated August 16th, it's to Lynn Brown, the architect, and it's from ACHD and they have taken a pass on commenting on the application, because they anticipate it generating less than ten trips a day additional to what -- and I assume that that's because the uses are combined and incorporated come together. So, they really see this as one and the same use and not an additional traffic generator or a trip attractor, I guess you would say. So, I think they have done a really nice job designing this. I think Meridian City Council August23,2005 Page 46 of 62 this will be a nice amenity for the neighborhood and provide some commercial out there where the people who live in this area necessarily have to get in their car when they need a can of soup or a gallon or milk and it will fit real well with the neighborhood, as well as the Comprehensive Plan. De Weerd: What are the -- you know, everything looks good in black and white, but what are the colors on this? Fluke: I believe we are in browns. Is that right; Lynn? Yeah. De Weerd: And how about signage? Fluke: Brad, do you remember what we were -- I think a single monument sign is what we were approved for originally. I'm trying to remember. 1-- Hawkins-Clark: I don't recall you actually submitting for signs, you know, since we allow -- I mean the sign permitting process is separate from the conditional use. Fluke: So, I guess we will be submitting an application for our signage at a later date. De Weerd: Okay. I guess, Brad, what is allowed in this kind of zone as far as signage goes? Only monument? Hawkins-Clark: No. No. The C-N district, I believe, allows up to -- it's either 12 or 15 feet is the maximum sign height and I believe approximately 60 square feet. So, they could have a free-standing sign, you know, on Ustick Road. The master plan sign program's intent would be to have only one sign for the complex. So, it's not that you would see multiple signs along Ustick Road, but that one sign would potentially, you know, provide some kind of signage for both the offices and car wash, but, then, within the project each lot is permitted their own free-standing sign as well. And, of course, wall signs are in addition, but wall signs are nine percent of that area -- of the wall area that faces Ustick. De Weerd: Now, would that be for public comment? I guess the concern of having an application separate is exactly the pole signs, the lighted wall signs, those kind of things that are in a neighborhood area, one that will build out residentially. So, I guess that was my curiosity. Hawkins-Clark: Yeah. I mean I would point out this is right at the center of what is shown on the Comprehensive Plan to be a neighborhood center. So, we would anticipate if the general concept comes through, commercial on both the north and south side of Ustick here and, then, even on the other side of Venable Lane. So, the residence in the county immediately to the east of this today, they would have the potential to go non-residential in the future, so just to clarify. De Weerd: And is this a future location for a traffic light? Meridian City Coundl August23,2005 Page 47 of 62 Hawkins-Clark: In my conversations with Ada County Highway District, it is a possibility. They do not meet the warrants today, of course, but the half-mile is an area that they have typically -- you know, as you start to see these traffic counts build up -- I mean a lot of people -- at the p.m. peak hour would say they need a traffic light today as back out the -- De Weerd: Well, I would agree. Hawkins-Clark: But, as you know, they have other factors than just the p.m. peak that they look at before they put a signal up. But with the school there and a crosswalk across Ustick and across Venable Lane -- maybe Mr. Mills could address that better than anybody. I think it is a very real possibility. De Weerd: Well, with that four way stop sign on Meridian and Ustick, I mean it is nasty. It's nasty. Fluke: Madam Mayor, if I might. If I recall correctly, we did place money in the road trust fund for a signal -- a future signal at that intersection of Meridian and Ustick at the time the original Cedar Springs application went through. That was not true of Venable Lane, but I do concur with Brad that is on the half mile and that is typically allowed and by -- by the highway district and when they reach the warrant, then, typically they would install one with impact fees that have been generated in the area. De Weerd: Okay. Council, do you have any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. Fluke: Thank you. De Weerd: Okay. I have a couple of people that have signed up. Phillip Pickett has signed up against. If you can, please, state your name and address. Pickett: I'm Phillip Pickett. I'm at 36 -- 3787 North Rhodes Avenue in Cedar Springs. De Weerd: Thank you. Pickett: We saw this sign up yesterday and thought we would come to the meeting. We talked to several of our neighbors and they were all very upset about the idea of having a convenience store there, especially the 24-7. Very upset. But because of late notice, because we just saw it last night, I don't think people saw that sign or they see the sign and don't stop to look at it. If you look at where the -- Venable is right there and Meridian City Council August23,2005 Page 48 of 62 you come up to the end, I think it originally -~ Venable was supposed to go all the way through to Baldwin Park or something, but they put a stop sign there and put some fences up there and so right there at the end of that -- where the school is going to be and those homes, it takes a right and, then, a quick left on North Rhodes. So, we are the direct road that comes from Baldwin Park and, eventually, Cedar Springs north and those new developments right there. And our feeling is that as we develop that corner, one, we were probably okay with the car wash, because we didn't feel that in the middle of the night necessarily people are going to be driving down our road to get to the car wash, but we are concerned with the additional traffic with a convenience store and he was saying that maybe ten cars more may show up there a day or something like that. Just look at the traffic that's generated from the Maverick, the one on Linder and Cherry, and try to go in there sometime to get a can of beans or peas or some milk or whatever. It's very heavily used. A convenience store would be. It would be tremendous amount of traffic onto Ustick and Venable and North Rhodes and that's my concern today. The other thing is is you have got Settler's Park sitting right there that is developed for the children. I'm a soccer coach there and the kids are playing soccer until 10:00 o'clock at night. They are over there right now practicing and, of course, it's dark now, but they were practicing in the day. You're going to have a convenience store there, you're going to have additional traffic, and you're going to have a school there in a few years. My concern is -- and I know that everybody here has stopped in and bought a pop or got gas or something at night. My concern is that at 4:00 o'clock, 5:00 o'clock, there are men in there and people stop in there and they buy the big cans of beer and they go out in their car and they could pop it and they start drinking it as they are driving home, because it's been a hard day, they have been doing construction or whatever, and that school is going to be right there, it's going to be at the time when those kids are going home and I was actually shocked to hear that the people at the school weren't that concerned with the fact that a convenience store with alcohol and pornography is going to be right on the doorstep of the school. I'm concerned. I believe it's going to be bringing undesirable people into that area and you say, well, not everybody is undesirable, right, but some are, because if you look at the crime rates, probably the most high risk job that you could have is to be a convenience store clerk and usually that's in the evening from 10:00 to 11 :00 to 12:00 o'clock at night, that's when they get held up. killed, and the problems arise. And just a couple weeks ago over on Patting ham and Goldenrod, there was a 25 year old woman who was walking and it was about 10:30, 11 :00 o'clock at night and she was accosted by two men in an SUV, those things are all concerns to me, because of that area right in there where we were -- where we live and where this store is going to be built. De Weerd: Mr. Pickett, could you, please, summarize? Pickett: We didn't know that we could be against the convenience store part of it tonight, we felt it was a done deal, and maybe it is a done deal, but we are absolutely against having a convenience store there with the reasons that he mentioned when he went through those three concerns and the school and the park and we are concerned - - heavily concerned and totally opposed to the 24-7. Meridian City Council August 23, 2005 Page 49 of 62 De Weerd: Thank you. Pickett: Thank you. De Weerd: Any questions for Mr. Pickett? Okay. Thank you so much. Jenny Pond signed up against. If you will, please, state your name and address for the record. Pond: I'm Jenny Pond on 751 West Ashton Road and I'm on the corner of Venable and Ashton Road right there where it says T and continues on through our neighborhood that way. But I'm opposed, as well as they are, for the same reasons. I just wanted to go on record. De Weerd: Thank you very much. And, Brent, I'm sorry, I can't read your last name. Is sign up for. Brad Bellville is signed up for. And David Williams also for. Okay. Is there any questions that Council needs. Would the applicant like to, please, respond? Fluke: Madam Mayor, thank you. Daren Fluke, again, with JUB. I will be brief and just respond to the concerns of the gentleman. With regard to the comparison to the Maverick at Cherry Lane, I'd just point out that's a much larger store. It is also located at the intersection of two arterials that carry many many times more trips than this mid section facility here. So, I don't think it's a fair comparison as far as traffic generation goes. As far as generating trips from the park and people coming over, you will recall that we do have a pathway that was installed and the northeast corner of the property, it sort of coincides with where the park comes together with the school property as well and so there is pedestrian access between the park and the facility. People shouldn't have to get in their car to come over here and get a pop if they want to. If park users want to buy from the store, so much the better, and I don't see a problem with that. With regard to the hours of operation, it is their preference to have a 24 hour operation, although it's not a deal killer if the Council felt more comfortable approving this with some restriction on the hours of operation. The applicant would be amenable to that. So, really, I just don't -- convenience stores like this operate all over the city and with very little trouble and this is an exceptionally small convenience store on the middle of the mile, not at a permanent intersection. We think it will work real well for this location. De Weerd: Okay. Thank you. Any questions for the applicant? Hawkins-Clark: Just to clarify, Madam Mayor, one thing. De Weerd: Yes. Hawkins-Clark: In terms of the state code on the sexually explicit and obscene material, it is 2,500 feet from the schools is what the state code is, so -- which is a half-mile. So, that would certainly encapsulate this site. De Weerd: Okay. Thank you. And is there any further testimony -- I'm sorry. When I asked the person on the wrong sheet, I didn't ask if there was any further testimony. Meridian City Council August 23, 2005 Page 50 of 62 Okay. Go ahead, ma'am. I'm sorry, Daren. I asked you to wrap up before I asked. Please come forward. If you will, please -- K.Pickett: Kathy Pickett. I live at 3786 North Rhodes. De Weerd: Thank you. K.Pickett: In Cedar Springs. And I really feel like a convenience store is just going to tear down the value of our homes. I don't think it's necessary. I guess if a coffee kiosk went there I wouldn't mind that, but I'm dead set against having a convenience store. I don't think it's necessary. There is going to be a Fred Meyers store, why do we need to have a convenience store right outside our door? I just think it's going to add additional traffic. We already are flooded with traffic. You, yourself, said how congested that corner was at Ustick and Meridian Road. You're going to increase that with a school and that park isn't even finished yet and it's already over-traveled. And I just feel like this is totally unnecessary. Venable Road is nothing but a speedway already and you're just going to have people going there all day and all night just getting their drinks and their pops and their beers and everything else. I happen to live in that neighborhood and I don't want it. De Weerd: Thank you, Mrs. Pickett, Does the applicant have any final remarks? And I apologize, I got us a little bit out of order. Fluke: Madam Mayor, Daren Fluke, again, with JUB. I don't want to belabor this point, but with regard to trip generation, this is -- this type of use really feeds off traffic that's already on the road. It doesn't generate trips that are coming solely to come to this facility. And so they are people that are in cars traveling on Ustick Road, they stop to wash their cars or to get a pop or whatever at the facility, but people don't come out of their way to come to a store like this. A larger store, like an Albertson's or a Fred Meyer, is a trip generator, because people go there specifically. They leave their house to go there. This, basically, just captures trips that are already on the roadway, so that's alii have to add. De Weerd: Thank you. Okay. Council? Rountree: I have no questions. De Weerd: If there is no further questions, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move to close the Public Hearing on Item 17. Bird: Second. Meridian City Council August23,2005 Page 51 of 62 De Weerd: Okay. Motion to close Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there discussion? Rountree: Madam Mayor, just a point of discussion. De Weerd: Mr. Rountree. Rountree: There was an indication that the applicant was not opposed to conditions on on timing on the open -- I don't know where we are going to go with approval or not with this, but it seems to me that that's something that we need to discuss in any form, whether we take action on this. I would not be opposed to setting a limit to minimize the 24-hour aspect of the particular facility. I think we have imposed time restrictions in the past on these kinds of operations to 10:00 or 11 :00 o'clock in evening and I just throw that out for comment and/or consideration. De Weerd: Any discussion on that item or any further comments? Okay. If there is no further discussion, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 17, subject to staff comments and restrictions of operating hours of the C store to not be open past 11 :00 p.m. in the evening and not to be open prior to 6:00 a.m. in the morning. And Findings that would reflect the motion. De Weerd: We have a motion to approve with the additional conditions. Do I have a second? Bird: Second. De Weerd: Okay. I have a motion and a second. Discussion? Mr. Wardle. Wardle: Madam Mayor, for discussion purposes, one of the things that I -- and certainly I have been quoted in the application and have been considering this application. The one statement I made is that we were not looking at a convenience store and that's because the original applicant didn't bring a convenience store in. In our zoning, in the C-N zone, we do allow them as permitted uses and it was something that was excluded during that particular application and it wasn't discussed in general. The one thing that we have been struggling with as a city is what makes a good neighborhood center and Meridian City Council August 23, 2005 Page 52 of 62 it's a concept that hasn't been fully flushed out. We have some people that are willing to try the neighbor center concept and to comply with our zones and we don't really have a clear picture of what those look like, because they are market driven. And this is an area that's market driven and, apparently, it's been sold, I would assume for a greater value than it was purchased for, which would lead me to believe that those market conditions are changing and I just take that into consideration, for not only this neighborhood center, but for the rest of the neighborhood centers within the city, that we have located and the development community is really asking us what do we want to see. De Weerd: Well, I guess I would make a comment and this is unique and many of the situations where we have identified neighborhood centers -- neighborhood centers are not typically located by a school or a park and I guess my concern is the alcohol factor. My kids play in that park. They play soccer. We have a baseball complex that will be going in. That's my only concern about this. And I know restricting it with the hours of operation is a great step, but it's just -- a convenience store, it concerns me about the convenience to the alcohol and that's my only comment. Donnell: Madam Mayor? De Weerd: Mrs, Donnell. Donnell: May I ask the chief, do we restrict alcohol in our city parks? I should know that answer, probably, but I'm going to ask it. Overton: Madam Mayor, Members of the Council, we do have a process where there is a permit that's required for alcohol in the city parks and we have to -- Donnell: So only for special uses, then? Overton: That's correct. And they have to be approved and signed off by myself and the city. Donnell: Madam Mayor, follow up? De Weerd: Uh-huh. Donnell: Then would this require additional monitoring by the police department, having a convenience store this close to a city park, particularly, since there is a walkway? Overton: I don't think it would require any additional enforcement by us, just like a supermarket that sells alcohol wouldn't require any more additional enforcement by us if it was close to a park. Donnell: Okay. Because just as an aside, I think of Lowell Scott Middle School, which was built 25, 30 years ago, and it sits on the corner across from a park and across from Meridian City Council August23,2005 Page 53 of 62 a convenience store and a grocery store and many other stores. So, I just wanted to clarify that. De Weerd: Okay. We do have a motion to approve. Is there any further discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: The other issue in the conditional use, you -- the Council hasn't addressed, if you want to take the action with the development agreement, you're going to also need to take the action with the conditional use and continue this matter for a couple of weeks, so you can bring back the amendments to the development agreement in a couple of weeks, but you also want to discuss the conditional use in directing staff to bring different conditions back for amendments to that as well if you want to do that. De Weerd: Okay. So, Mr. Nary, I guess with that said, is the motion to approve appropriate at this point or would it be that the Council would instruct the city to move forward with the CUP, so they could be considered at the same time? Nary: Madam Mayor, Members of the Council, you know, if -- it would probably be cleaner if the Council's direction is to consider an amendment to the development agreement and you'd like staff to come up with some changes to the condition and we bring all of that back to you in two weeks and, then, we could put that on your agenda, so that there is opportunity for public comment. One of the comments made tonight was there was some neighbor that didn't see the sign early enough to maybe have other people, there may be other comment that may be appropriate that you may want to hear. So, rather than directing that now, you can certainly direct us simply to bring back that proposal in a couple of weeks and based on your direction you're still free to do whatever you wish to do at that juncture, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, as I understand listening to Mr. Nary, that we need to reopen the Public Hearing and, then, continue that, because he's expressing neighbors not -- I'm sure the property was posted right and we got those big signs. As blind as I am, I can see them driving by. I don't know. Why wasn't this brought in with the application if we was going to have to change the -- we are asking for a change in the development agreement, why wasn't the CUP brought in at the same time? Now we got to put this off for two more weeks. Rountree: Only if we approve the -- Bird: Right. If we approve it. Well, yeah. Meridian City Council August23,2005 Page 54 of 62 Nary: Madam Mayor? De Weerd: Yes. Nary: I certainly wasn't -- and I didn't mean to make it appear that you have to continue the Public Hearing. You can continue this matter on your agenda. You still have to take action on the conditional use at some point, because that's already -- that's already in the record, there are already conditions on the property. You can move to amend the . development agreement and go forward and you can move to direct the staff to take care of the conditional use and you're still going to have to provide notice and all of that. You're just going to do it separately. So, if you want to combine it and do that together, you can direct staff to amend this application, we will notice it on this agenda in two weeks, we will bring back the amendment to the development application before you in a couple of weeks, so we can do all that. You don't have to have another hearing, you've had a hearing tonight. All you're doing is directing staff to bring back the changes to the conditional use, along with -- if that's your desires to change the development agreement. So, you don't have to have another Public Hearing. You've had the Public Hearing tonight, you did notice up this. There is no notice that's necessary for that. Now, maybe Mr. Hawkins-Clark has a different perspective on the changes to the condition, but it's the same issue that were before us, before you tonight. Bird: Excuse me. Madam Mayor? Okay. I got a question, then. If we are changing the CUP, then, we should have a Public Hearing; is that not right? If we are changing -- and, evidently, we are changing it quite a bit, I believe, because we are changing the development agreement. Nary: Madam Mayor, Members of the Council, what you have here is a -- is an odd circumstance that prior Council preferred to put conditional use conditions in the development agreement, along with the conditions that were imposed. What they have asked is to amend the development agreement to amend those conditions, which you're also having to, then, amend a separate document that contains those conditions. You can consider them heard before you tonight, based on the information that you have provided to you. It is, in my opinion, a cleanup to simply direct the staff to also bring those conditions back to you with the development agreement change. You are directing us to bring you back a document in the couple of weeks with those changes in the development agreement. That ultimately still has to be approved by you. In my opinion, you don't have to re-notice a conditional use change at the same time, since that was already in the notice that was provided as to what you're changing. You're not m-- you're changing the same items in both documents. So, to me, there is no necessity to have another Public Hearing. You have had that opportunity today. I don't anticipate you're going to get different information, you just may get more of it, but you're not going to get something different but you would have had the opportunity to have heard tonight. Now, again, Mr. Hawkins-Clark may have a different perspective from planning on the conditional use changes, but to me we are still -- we are still noticed up that we are changing something with this property, we have provided notice Meridian City Council August23,2005 Page 55 of 62 to the neighbors as required by statute, they have posted the property properly and all you're doing is directing staff to bring the other conditions that need to be changed at the same time before you in two weeks. Donnell: Got it. De Weerd: Okay. Mr. -- Hawkins-Clark: Madam Mayor, I -- that would certainly be a change from practice. You know, I mean we have -- whenever an applicant wants to change a conditional permit, we have treated it as though they were applying for new. So, the biggest change is that the Planning and Zoning Commission normally would hold a hearing to give their comments to you. And in this case that was not done. So, yeah, I guess one change is that, you know, the Planning and Zoning Commission on a modification to a Conditional Use Permit would make their recommendation to you. So, I -- you know, I mean process-wise it is new, but I mean I understand what Mr. Nary is saying, I mean I think that the -- the same issues are going to be addressed, but I mean, you know, from a planning standpoint the main thing is that we need to make sure that this conditional use that is running with the title on this property is correct and any change that you make tonight has a direct impact on that Conditional Use Permit. So, we need to definitely clean that up. I guess it's really a process issue. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Here is another alternative that you could consider. What is being asked -- and part of the problem is -- as Mr. Hawkins-Clark stated in his staff report, is that it simply wasn't caught at the time to notify the applicants that they need to, basically, apply to modify both the agreement and the conditional use. What you have before you -- and, again, I don't know what any of your preference is, but what you have before you is an application to amend your development agreement to allow a convenience store in this location where it's not currently allowed, based on that development agreement, and to amend those hours of operation. The applicant has indicated in their testimony that they would be willing to live with some amendments to those, but they didn't state what those were. You certainly have the ability to direct us to provide you an amendment to the development agreement to allow the convenience store and they can still come with a conditional use, so that you have better information in front of you, but from the applicant as to what's viable and practical for their uses, as well as whatever the neighbors think. Obviously, you have heard both testimony that they don't want the convenience store at all versus whether or not some usage of some conditions on those uses might be more appropriate. And, then, you could hear the conditional use change and all we have to do is change the development agreement currently and, then, you'd still be able to make a decision on what is appropriate and certainly is this allowed and to apply for it. Meridian City Council August23,2005 Page 56 of 62 De Weerd: Okay. Are you all clear on that? Donnell: Yeah. Right. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My personal preference would be -- since we have heard staff say that the applicant came in, our staff directed them to this route to amend the development agreement, didn't talk about the conditional use that came up after the fact, certainly we have notification as legal counsel has given us, whatever decision we make this evening, if we vote in the affirmative, my preference would be to bring, as stated by Council's motion this evening, if vote in the positive, to bring that back in Finding form, allow the applicant the opportunity to comment at that point before we approve the Findings on the CUP. Can we do that, Mr. Nary? De Weerd: Is that something you said? Bird: That's a new wrinkle. Nary: Madam Mayor, Members of the Council, if you want to direct us to bring back an amendment to your development agreement to allow for a convenience store with some changes in hours of operation as proposed in the development agreement, we can do that. You still will have a conditional use hanging out there in some fashion. My only suggestion was if you want to consider the conditional use, you have, in my opinion, satisfied the notice requirements to do that. I agree with Hawkins-Clark, we haven't traditionally done that. Some of the things we -- the way we are doing this now isn't the way we traditionally did them either. But you have satisfied the notice requirements to the neighbors that a change is happening on this property, but I understand there is some significant concern that you have all expressed about the use here and how that would fit and blend into the neighborhood. So, you certainly can direct us to bring back the change to the development agreement. You can still hear the conditional use as we have in the past, you can certainly have that discussion, because at some point you're going to have to either make a decision to amend the conditional use or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Maybe I can muddy this up a little more, Common horse sense tells me that what we are voting today is just changing the development agreement and, then, I'm like Mr. Nary stated, I'm not comfortable with doing anything with the CUP until that's brought back to us. You got your finding on your development agreement, but, then, you have got to have changes on the CUP, too, that goes along with this property. So, somehow or other we have got to get a variance on the CUP back before us, because we can't act Meridian City Council August23,2005 Page 57 of 62 on something that isn't publicized and there was nothing publicized about the CUP. It's strictly on the development agreement. And I'm like Mr. Nary just said, let's vote on this, if it passes, then, we -- then, the staff and the applicant deals with the CUP and it comes back before us, because there is major changes to the CUP that goes with this property. And that at that point, then, all the neighbors and stuff can get out and testify one way or the other. And that's the way I see it, because there is nothing in the notification about a CUP, it's on the development agreement. So, we can't change -- I don't believe we can change the CUP at this point right now. That's my opinion. And call the question if there is no more discussion. De Weerd: If there is no further discussion, the question has been called for and I will ask Mr. Berg to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. And so staff would be -- the applicant and staff would need to come back with a Conditional Use Permit modification. And that, too, would be open for public comment, as I understand it. Mr. Nary. Nary: Madam Mayor, Members of the Council, what Council's action is that what you will get back in front of you in two weeks is an amended development agreement -- well, we will prepare an amended development agreement, you will get it back whenever they sign it. The amended development agreement will reflect the two things in the motion that I wrote down was that it would allow a convenience store, with the hours of operation limited from 6:00 a.m, to 11 :00 p.m. That's the only change. It simply allows them to ask for that use. If they choose not to, they don't have to. If they want to ask for something else, they can. The conditional use that is currently on that property limit those hours more -- differently, because it talks about a coffee shop and some other things. They need to make those amendments. They can do that, provide notice to the public, provide notice to the neighbors and, then, you will hear that before you for those changes. All you have done is allow them to ask for a different use than what was previously allowed. If that was your intent, that was what you did. De Weerd: Okay. Bird: Thank you, Bill. De Weerd: Okay. Okay. And, now, Mr. Nary, just one final clarification. The property, then, would be reposted with the new hearing date? Nary: When they apply for the change to the conditional use -- and Mr. Hawkins-Clark will have to remind me -- would that have to go back to the Planning and Zoning Commission first or not? I don't recall. Meridian City Council August23,2005 Page 58 of 62 Hawkins-Clark: I'm sorry, I -- I didn't check the ordinance. I don't remember off the top of my head. Nary: I don't recall. So, they will have to go through the process, apply for that change, and it will either go to the Planning and Zoning first with recommendations to you or it will come here, but, yeah, the neighbors will be notified within 300 feet. The property will be posted. Item 18: Public Hearing: VAR 05-015 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: De Weerd: Okay. Okay. Item 18 is VAR 05-015. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor and Members of the Council. This application variance actually has two different components to it. One is to request a change to parking. They are requesting reduced parking of seven spaces. The other component is requesting a reduction in the landscape buffer width along Meridian Road. This is three parcels south of Fairview Avenue on the east side of Meridian Road. Consigned -- Sherry's Consigned Furniture is adjacent to this. It's -- they are proposing -- actually, today, if you can see this dashed line here, there is a structure on the site. They have applied to demolish that and they actually have received a certificate of zoning compliance through our office for this corner piece here. There is, actually, I believe, two buildings and what they are proposing to do is connect them. So, they have received that today, because that square footage would require the parking which they can provide. But they are also wanting to add this area here, this L-shaped portion to the building and that would put the whole square footage of this site to a little over 10,000 square foot building. That would require 52 parking spaces and what they are showing here is 45. So, in order for them to construct this size of building that they want, they need this variance. So, that's what they have applied for in terms of the parking. The other component of this variance, the landscaping adjacent to Meridian Road, there are a couple of very mature good size caliper inch trees in this area and as our landscape ordinance encourages, they are trying to protect those and in order to do that, they. have to make some sort of modifications and tweaks to their landscaped area and this area right here on the northern end of their site, as you can see, is pretty narrow. Normally, we actually require 25 feet of landscaping. We -- as you know in the Old Town area we are changing that under some new design guidelines to -- it just really doesn't make sense in the Old Town to have that large of a buffer. So, frankly, you know, a little narrower buffer in the Old Town area with more pedestrians probably works. Now, bear in mind any future changes to Meridian Road, this may be a moot point, but for the time being that's what they are proposing to do. So, staff -- staff thinks that these are -- these are site -- this is all the site that they have to work with. We think that the benefit to the city works in favor that seven parking spaces is not going to Meridian City Council August23,2005 Page 59 of 62 create any kind of public injury or hardship and so we are recommending approval of this. De Weerd: Thank you, Brad. Is there any questions from Council? Bird: I have none, Mayor. De Weerd: Okay, Would the applicant like to come forward? If you will, please, state your name and address. Palmer: Mike Palmer. 264 East Knoll Court, Eagle, Idaho. I agree with those guys. De Weerd: Well, thank you. Palmer: What we are doing is we are saving some trees -- some bigger trees back in -- instead of making parking lot -- I'll show you. De Weerd: Sir, you have the microphone right there if you would like to-- Palmer: This area here, instead of making this parking spots, we are going to keep it and add -- there is two really large trees in there right now and that's what -- we are kind of swapping this area for that area there. De, Weerd: Do you have any questions, Council, for the applicant? Bird: I have none. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Are you taking my nail place? Palmer: We are going to move it to a nicer place. Donnell: Oh. Palmer: It's going to move into that other spot. We have already talked to her. Donnell: Okay. But that building's coming down? Palmer: Correct. Donnell: Okay. De Weerd: Is that acceptable? Meridian City Council August23,2005 Page 60 of 62 Donnell: As long as they keep it right there. Palmer: She's going to move about 30 yards. Donnell: Good. De Weerd: Thank you. Is there any further testimony on this application? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move that we close the Public Hearing for VAR 05-015. Donnell: Second. De Weerd: Okay. I have a motion and a second on Item 18 to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Mr. Wardle. Wardle: Madam Mayor, just for discussion purposes, certainly agree with that staff's comments about the Old Town area. The one thing that I'd like to point out, especially with our decision and resolution this evening, that this is going to definitely become the very very edge of Old Town pedestrian oriented Meridian as we move traffic through it. And so traffic variations in areas in the outskirts of this certainly wouldn't qualify for the same considerations in the future. De Weerd: Thank you. Any further comments? Okay. Do I have a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that we approve -- I'm going to go back. Item No. 18, request for a variance 05-015, for the reduction of parking spaces and modification of the parking lot landscaping requirement. Rountree: Second. Donnell: And approve the Findings. Rountree: Second agrees. Meridian City Council August23,2005 Page 61 of 62 De Weerd: Okay. Motion to approve Item 18. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 05-1173 : AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: De Weerd: Okay. Thank you. Item 19 is Ordinance No. 05-1173. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1173, an ordinance for annexation of property located in the southeast one quarter of the southeast one quarter of Section 17, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho, as described in Attachment A, annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G in the 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 the summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing nothing, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance 05-1173 with suspension of rules. Rountree: Second. De Weerd: Motion to approve. If there is no further discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 20: Executive Session per Idaho State Code 67-2345(1)(a)(b)(c)&(f): Meridian City Council August23,2005 Page 62 of 62 De Weerd: Thank you. Do I have a motion to adjourn into Executive Session? Donnell: So moved. Bird: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: MEETING ADJOURNED AT 11:19 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) I~~ M~RT DEWEERD ATTESTE' -