HomeMy WebLinkAbout1999 11-16
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 16,1999 - 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
_X_ GLENN BENTLEY _X_ KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A. APPROVE MINUTES FROM NOVEMBER 3, 1999: APPROVE
B. APPROVE MINUTES FROM NOVEMBER 10, 1999: APPROVE
C. GREASE TRAP INSTALLATION AGREEMENT: APPROVE
RESOLUTION #262
ITEM 1.
ITEM 2.
ITEM 3.
ITEM 4.
ITEM 5.
AGENDA
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING (R-TTO R-4) BY CHARLES
CRANE - LOCATED AT 3610 W. USTICK ROAD: APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR RECONSIDERATION OF PRELIMINARY PLAT FOR
T ARAWOOD SUBDIVISION BY MICHAELANGELO
INVESTMENTS, LLC - SOUTH OF LOS ALAMITOS PARK AND
NORTH OF SHERBROOKE HOLLOWS: APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN
AN I-L ZONE BY FOOD SERVICES OF AMERICA: APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR VARIANCE OF THE EAST SIDE YARD SETBACK
(REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC:
APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE FROM SINGLE-FAMILY RESIDENTIAL TO
MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. - WEST OF
EAGLE ROAD BETWEEN FAIRVIEW & USTICK: RESOLUTION
#263 APPROVE
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ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO
COMMERCIAL BY DEVELOPERS DIVERSIFIED REAL TV
CORPORATION/DAKOTA COMPANY - SOUTH OF FAIRVIEW
AND EAST OF RECORDS: RESOLUTION #264 APPROVE
ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY
DEVELOPERS DIVERSIFIED REAL TV CORPORATION - 4000
E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: APPROVE
ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY
DEVELOPERS DIVERSIFIED REAL TV CORPORATION
IDAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF
RECORDS: APPROVE
ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE
LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT
IBILL CLARK - SOUTH OF FAIRVIEW AVENUE BElWEEN
EAGLE ROAD AND CLOVERDALE: RESOLUTION #265
APPROVE
ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM
BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND
OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF
OVERLAND: RESOLUTION #266 APPROVE
ITEM 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND
ACRES, INC. - SOUTH SIDE OF OVERLAND ROAD ACROSS
FROM INTERSTATE CENTER SUBDIVISION AND ROARING
SPRINGS WATER PARK: RESOLUTION #267 APPROVE
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ITEM 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO
BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY
AND MERIDIAN ROAD: TABLE UNTIL DECEMBER 7, 1999
MEETING
ITEM 13. TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS
OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR
CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY
WILLIAM & LUCILE LEAVELL- END OF 5TH, NORTH OF
CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW:
TABLE UNTIL JANUARY 4, 2000 MEETING
ITEM 14. TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS
OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO
CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE
FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR
PHASE II) BY WilLIAM & LUCILE LEAVELL: TABLE UNTIL
JANUARY 4, 2000 MEETING
ITEM 15. TABLED 10/5/99: ANNEXATION AND ZONING OF 6.15 ACRES
(FOR R-40 ZONING) FOR PROPOSED COBBLESTONE
VILLAGE BY IONIC ENTERPRISES, INC., - SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: APPROVE
DEVELOPMENT AGREEMENT, APPROVE ORDINANCE #848
ITEM 16. CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR 96-UNIT APARTMENT COMPLEX
(PROPOSED COBBLESTONE VILLAGE) BY STAMAS
CORPORATION/IONIC ENTERPRISES, INC. - SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: ATTORNEY TO
PREPARE FF/CL
ITEM 17. CONTINUE PUBLIC HEARING: REQUEST FOR
COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY
RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT
(TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A.
BILLlGIWA TERFORD DEVELOPMENT AND CONSTRUCTION
COMPANY - EAST OF ST. LUKE'S BETWEEN 1-84 AND
FRANKLIN ROAD: APPROVE FF/CL RESOLUTION_#269
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ITEM 18. PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC
UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12,13
BLOCK 7, WHITESTONE ESTATES NO.3 SUBDIVISION BY
WHITESTONE DEVELOPMENTS, LLC - NORTH OF W.
FRANKLIN ROAD AND WEST OF S. LINDER ROAD:
ATTORNEY TO PREPARE FF/CL
ITEM 19. PUBLIC HEARING: REQUEST FOR VACATION OF TWO 10-
FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE
COMPANY LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS
PARK: ATTORNEY TO PREPARE FF/CL
ITEM 20. PUBLIC HEARING: REQUEST FOR ANENXATION AND
ZONING FOR OVERLAND MINI-STORAGE OF 725 ACRES
FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO
COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY
OVERLAND MINI-STORAGE, LLC - 1230 OVERLAND ROAD:
ATTORNEY TO PREPARE FF/CL
ITEM 21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND
MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD: ATTORNEY
TO PREPARE FF/CL
ITEM 22. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT
2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY
OVERLAND MINI-STORAGE, LLC -1230 OVERLAND ROAD:
ATTORNEY TO PREPARE FF/CL
ITEM 23. PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF PARCCEL "A" FROM RT TO SINGLE-FAMILY
RESIDENTIAL AND PARCLE "B" FROM SINGLE-FAMILY
RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE
COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND
EAST OF SOUTH LOCUST GROVE ROAD: ATTORNEY TO
PREPARE FF/CL
ITEM 24. PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY
BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF
OVERLAND: CONTINUE TO DECEMBER 7, 1999 MEETING
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ITEM 25. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE-
FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF
STODDARD ROAD & SOUTH OF OVERLAND: CONTINUE TO
DECEMBER 7, 1999 MEETING
ITEM 26. PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND
CONSIDERING THE PLANNING AND ZONING COMMISSION'S
CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL
TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION
ORDINANCES AND WHICH WILL PROVIDE FOR THE
ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE
ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT
OF $25.00 AND RECODIFICATION OF NEW CODE BOOK FOR
THE CITY OF MERIDIAN: CONTINUE TO DECEMBER 7, 1999
MEETING
ITEM 27. ORDINANCE NO. REVISING, CODIFYING AND
COMPILING THE GENERAL ORDINANCES OF THE CITY OF
MERIDIAN: CONTINUE TO DECEMBER 7, 1999 MEETING
ITEM 28. CONSIDERATION TO SET PUBLIC HEARING FOR PERMIT
FEES: CONTINUE TO DECEMBER 7,1999 MEETING
ITEM 29. ORDINANCE NO. ADDITIONS FOR APPOINTMENT
OF PLANNING AND ZONING ADMINISTRATOR: CONTINUE TO
DECEMBER 7,1999 MEETING
ITEM 30. ORDINANCE NO. SANITARY SERVICE SYSTEM:
CONTINUE TO DECEMBER 7,1999 MEETING
ITEM 31. ORDINANCE NO. TO PROVIDE FOR THE
EXTENSION AND CONNECTION OF SEWER SERVICE
OUTSIDE THE CITY LIMITS: CONTINUE TO DECEMBER 7,
1999 MEETING
ITEM 32. APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY
CHARLOTTE NOLAN AND ROBERT SMITH: ATTORNEY TO
PREPARE 010 FOR DENIAL
ITEM 33. REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL
FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E.
"STATE AVENUE, OLD TOWN: APPROVE FFICL & 010
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ITEM 34. REQUEST FOR: CONDITIONAL USE PERMIET FOR A 3-
BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON
VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH
OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE
ROAD: ATTORNEY TO PREPARE FFICL & OlD
ITEM 35. REQUEST FOR FINAL PLAT OF PACKARD ACRES
SUBDIVISION #1 BY PACKARD ESTATES DEVELOPMENT.
LLC - % MILE WEST AND % MILE NORTH OF FAIRVIEW AND
EAGLE ROADS: APPROVE WITH CONDITIONS
ITEM 36. REQUEST FOR FINAL PLAT OF PACKARD SUBDIVISION #3 BY
WIRT EDMONDS & CRAIG GROVES - WEST AND NORTH OF
FAIRIVEW AND EAGLE ROADS: APPROVE WITH CONDITIONS
ITEM 37. REQUEST FOR BEER AND WINE L1CCENSE BY EAGLE
PARTNERS. LLC FOR EAGLE CHEVRON: APPROVE
ITEM 38. DEPARTMENT REPORTS:
A. JANICE SMITH:
1. TREASURER'S REPORT: NONE
B. GARY SMITH:
1. PHASE I - WATERLINE IMPROVEMENT PROJECT:
APPROVE RESOLUTION #270
2. REIMBURSEMENT AGREEMENT - G.L. VOIGT
SEWER AND WATER LINE EXTENSION
AGREEMENT: APPROVE RESOLUTION #271
3. TULLY WATER PARK IRRIGATION PUMP STATION
APPROVE RESOLUTION #272
C. BILL GIG RAY:
1. PROPOSAL FOR RECONSIDERATION OF
COUNCIL ACTION PROCEDURE: EXPLAINED
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MERIDIAN CITY COUNCIL MEETING
NOVEMBER 16. 1999
The regular meeting of the Meridian City Council was called to order at 7:37 p.m.
on Tuesday, November 16, 1999, by Mayor Robert Corrie.
MEMBERS PRESENT: BOB CORRIE, RON ANDERSON, KEITH BIRD,
CHARLIE ROUNTREE, GLENN BENTLEY
OTHERS PRESENT: SHARI STILES, BILL GIGRAY, BILL GORDON, KENNY
BOWERS, WILL BERG, TOM KUNTZ, GARY SMITH
CONSENT AGENDA
A. APPROVE MINUTES FROM NOVEMBER 3,1999: .
B. APPROVE MINUTES FROM NOVEMBER 10, 1999:
C. GREASE TRAP INSTALLATION AGREEMENT:
Corrie: Okay. I'll open the Meridian City Council meeting for November the 16th,
1999 at 7:37. Roll-call, Mr. Berg. Welcome, everybody here this evening, and I'm
glad to see you all. Council, we have on the Consent Agenda, Items A, Band C.
the approval of minutes of November the 3rd and the one the 10th and the grease
trap installation agreement. Any discussion?
Bird: I have none.
Corrie: I'll entertain a motion to approve the Consent Agenda.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we approve the Consent Agenda of Items A, Band C.
Rountree: Second.
Corrie: Okay. Motion was made and seconded to approve the Consent Agenda,
A, Band C. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
ITEM 1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES
CRANE - LOCATED AT 3610 W. USTICK ROAD:
Meridian City Council Meet
November 16, 1999
Page 2
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Corrie: The agenda, we were thinking about going through all the Findings of
Facts and Conclusions of Law under our Consent Agenda for 14 Items, but we
have a few that we need to probably discuss here with the City staff. So we'll
take the Items as they come. Item No. 1 is a Findings of Facts and Conclusions
of Law: Request for annexation and zoning (R-T to R-4) by Charles Crane
located at 3610 West Ustick Road. Staff, comments on Item 1?
Stiles: Mr. Mayor, Council, the Findings on Item 1, Page 7, Item 20, I believe
should be removed. It talks about providing services to surrounding institutional,
commercial and residential development, and this is just a 1.9 acre residential
subdivision, or proposed subdivision. Also on Page 8, 21.3 should be deleted,
21.5 should be deleted. Although Ada County Highway District had made a
recommendation on Page 13, they had asked for a driveway on Ustick Road
under 3.9 on Page 13, they'd asked for a driveway on Ustick Road to align with
Turnberry Way. Turnberry Way is not across the street from this subdivision. It's
a little further to the west. If we could change that to align with the public road on
the south side of Ustick Road. That's alii had on these Findings.
Corrie: Council, find any other things you'd like to see changed?
Bird: I have none.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of Law
and Decision of Order with the following corrections: On Page 7 delete Items 20,
Page 8 delete Items 21.3, 21.5, and on Page 13, Item 3.9, delete the reference to
Turnberry Way and insert the words "public road."
Bird: Second.
Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bird to approve
the Findings of Facts and Conclusions of Law with the exception to the changes.
Any further discussion? Roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Meridian City Council Meet!
November 16, 1999
Page 3
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Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR RECONSIDERATION OF PRELIMINARY PLAT FOR
TARAWOOD SUBDIVISION BY MICHAELANGELO
INVESTMENTS, LLC - SOUTH OF LOS ALAMITOS PARK AND
NORTH OF SHERBROOKE HOLLOWS:
Corrie: Item No.2, Findings of Facts and Conclusions of Law: Request for
reconsideration of preliminary plat for Tarawood Subdivision by Michelangelo
Investments, LLC, south of Los Alamitos Park and north of Sherbrooke Hollows.
Staff, comments on Item 2?
Stiles: I had no problems with the Findings with No.2.
Corrie: Okay. I'll entertain a motion on Item NO.2.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of Law
and Decision of Order for the preliminary plat.
Corrie: Do I hear a second?
Bird: Second.
Corrie: Motion is made and seconded to approve the Findings of Facts and
Conclusions of Law for the reconsideration of the preliminary plat on Item No.2.
Any further discussion? Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
Meridian City Council Mee'
November 16, 1999
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Corrie: Mr. Bird.
Bird: Aye.
MOTION CARRIED: ALL AYES
ITEM 3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN
AN I-L ZONE BY FOOD SERVICES OF AMERICA:
Corrie: Item No.3 is the Findings of Facts and Conclusions of Law: Request for
variance to allow building height of 43 feet in an I-L zone by Food Services of
America. Staff, any changes?
Stiles: Mr. Mayor and Council, just a minor clarification. Although the applicant
did make reference in their application to Boise Warehouse, on Page 4, the
second line, that should be Meridian Warehouse, and also on Page 5, the
second line should be Meridian Warehouse.
Corrie: Okay. Any other comments from Council?
Bird: I have none.
Corrie: I'll entertain a motion on Item NO.3.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Findings of Facts and Conclusions of Law and
Decision of Order for the request for variance to allow building height to 43 feet in
an '-L zone by Food Services of America with the changes of Meridian - from
Boise to Meridian in the Findings.
Rountree: Second.
Corrie: Okay. Motion is made and seconded to approve the Findings of Facts
and Conclusions of Law with the changes of the word "Boise" to IlMeridian" in two
areas for the Food Services of America and height. Any further discussion?
Roll-call vote; Mr. Anderson
Anderson: Aye.
Corrie: Mr. Bentley.
Meridian City Council Mee'
November 16, 1999
Page 5
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Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 4.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR VARIANCE OF THE EAST SIDE YARD SETBACK
(REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC:
Corrie: Item 4 is the Findings of Facts and Conclusions of Law: Request for a
variance of the east side yard setback (reduction from 10 feet to 7 feet) by
PIPCO, LLC. Staff, any comments?
Stiles: No, Mr. Mayor and Council.
Corrie: Hearing none, I will - Mr. Bentley.
Bentley: Mr. Mayor. I move that we approve the Findings of Facts and
Conclusions of Law and Order of Decision granting a variance for PIPCO, LLC.
Bird: Second.
Corrie: Motion made and seconded to approve the Facts and Conclusions of
Law; request for a variance on Item No.4. Any further discussion? Hearing
none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
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Meridian City Council Meeting
November 16, 1999
Page 6
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MOTION CARRIED: ALL AYES
ITEM 5.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE FROM SINGLE-FAMILY RESIDENTIAL TO
MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. - WEST OF
EAGLE ROAD BETWEEN FAIRVIEW & USTICK:
Corrie: Item No.5 is the Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment to change land use from single-family
residential to mixed/planned use by J-U-B Engineers, Inc., west of Eagle Road
between Fairview and Ustick.
Stiles: I had nothing on that.
Corrie: Okay. Hearing none, I'll entertain a motion on the Decision of Order on
Item No.4.
Bentley: Mr. Mayor.
Corrie:
Mr.
Bentley.
Bentley: I move we approve the Findings of Facts and Conclusions of Law and
Decision of Order of recommendation of Comprehensive Plan Amendment by
J-U-B Engineering.
Bird: Second.
Corrie: Motion is made and seconded to approve the Findings of Facts and
Conclusions of Law on Item No.5. Further discussion? Hearing none, roll-call
vote; Mr. Anderson.
Anderson: Aye.
Corrie:
Mr.
Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: And Mr. Rountree.
Rountree: Aye.
Meridian City Council Mee'
November 16, 1999
Page 7
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MOTION CARRIED: ALL AYES
Gigray: Mr. Mayor, point of procedure and information.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor, members of the Council, I believe on each of these
Comprehensive Plan land use designation changes, amendments, we've
prepared a Resolution in addition to the Findings for the Council to consider as
the State Law now requires that the Comprehensive Plans be approved by
Resolution rather than by Ordinance. We did not prepare an Ordinance. I
prepared a Resolution as a method to effectuate the decision that you have just
made. I see no problems with a timetable of that you could go ahead and
approve those Resolutions as you approve these Findings if you choose. If you
want to wait and put them on the Council agenda for the next meeting, that's a
matter of your discretion.
Corrie: I'd just soon do it one time.
Bird: I would too. Mayor.
Corrie: All right. We have the Resolution on Item No.5.
Bird: What's the Resolution No.?
Gigray: 263.
Bird: 263?
Gigray: Right.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Resolution 263 for the Mayor to sign and Clerk
to attest.
Rountree: Second.
Corrie: Okay. Motion's been made and seconded to have the Mayor to sign, the
Clerk to attest Resolution No. 263. Any further discussion? Hearing none, all in
favor of the Resolution say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meel
November 16, 1999
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ITEM 6.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO
COMMERCIAL BY DEVELOPERS DIVERSIFIED REAL TV
CORPORATION/DAKOTA COMPANY - SOUTH OF FAIRVIEW
AND EAST OF RECORDS:
Corrie: Item No.6. This is a Findings of Facts and Conclusions of Law:
Request for a Comprehensive Plan Amendment to change land use of 12.3
acres from single-family residential to commercial by Developers Diversified
Realty Corporation/Dakota Company, south of Fairview and east of Records.
Staff.
Stiles: Nothing, Mayor.
Corrie: Mr. Rountree.
Rountree: Mr. Mayor, procedural question. Were we going to see if there were
any citizens that were wishing to testify on these items because of the process
we went through last meeting?
Corrie: I don't think we - Mr. Gigray, can we do that? I think we only had one
that was continued public hearing.
Gigray: Right. There was one and the rest you did not continue. There was
some discussion as to whether or not a question might be asked by the Mayor or
with leave of counsel if anyone was appearing tonight thinking there was a public
hearing on any of those matters.
Bird: People left early, remember?
Corrie: Is anybody here that left early that were going to testify on any of these
Comprehensive Plan changes that we're going through tonight? Other than the-
Item 17 which is single-family residential, mixed/planned use development for
Touchmark Living Centers which is a continued public hearing.
Gigray: Matter of procedure, Mr. Mayor and members of the Council, I'd
recommend that for purposes, the record that you might direct that the minutes
show that no one responded to that call.
Corrie: So be the records. All right. Thank you, Mr. Rountree. Item No.6.
Okay. We're on Item NO.6. Comments?
Bird: I have none.
Meridian City Council Meel
November 16, 1999
Page 9
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Corrie: Okay. I'll entertain a motion on the Findings of Facts and Conclusions of
Law.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Findings of Facts and Conclusions of Law and
Decision of Order, request for Comprehensive Plan Amendment to change land
use to 12.3 acres from single-family residential to commercial by Developers
Diversified Realty Corp/Dakota Company, south of Fairview and east of Records.
Anderson: Second.
Corrie: Okay. Motion made and seconded to approve the Findings of Facts and
Conclusions of Law on Item No.6. Any further discussion? Hearing none, the
roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion on the Resolution No. 264.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve Resolution 264 for the Mayor to sign and the Clerk
to attest.
Anderson: Second.
Meridian City Council Mee'
November 16, 1999
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Corrie: Motion made and seconded to have the Mayor sign and the Clerk to
attest the Resolution No. 264. Any further discussion? Hearing none, all those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 7.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY
DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000
E. FAIRVIEW, % MILE EAST OF EAGLE ROAD:
Corrie: Item NO.7 is the Findings of Facts and Conclusions of Law: Request for
annexation and zoning to C-C of 13.09 acres by Developers Diversified Realty
Corporation, 4000 East Fairview and % mile east of Eagle Road. Staff, changes
on Seven?
Stiles: Mr. Mayor and Council, on Page 5, Paragraph 15, it's a little awkward
because the Comprehensive Plan was just approved for change to make this
commercial, but the way it reads is that the zoning is not consistent with the
Meridian Comprehensive Plan which designates a subject property is
commercial. It would have been single-family residential, so I guess I would
defer to legal counsel to how we can clean that up.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor, members of the Council, the state of affairs at the time I
drafted this was at this time we can reflect that the change has been in effect as
you've just acted. The plan, the generalized land use plan has been changed by
your action. We can change that Finding to reflect that
Corrie: Okay. Thank you. Anything else, Shari?
Stiles: No, sir.
Corrie: Okay. I'll entertain a motion, then, on Item No.7.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we approve the Findings of Facts and Conclusions of Law and
Order granting annexation and zoning for Diversified - Developers Diversified
with the correction on Item 15, Page 5, the Comprehensive Plan has been
changed to allow this.
Bird: Second.
Meridian City Council Meet'
November 16, 1999
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Corrie: Motion was made and seconded to approve the Findings of Facts and
Conclusions of Law, request for annexation and zoning on Item No. 7 with
correction. Any further discussion? Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
Bird: Don't we have a Resolution on that?
Corrie: Is there an Ordinance on that?
Gigray: On an annexation and zoning, there - (inaudible) No. Because there's a
Development Agreement associated with that. Mr. Mayor and members of the
Council, and that Development Agreement I also anticipate will be involved with
the next Item on your agenda, and then the schedule the ordinance passage for
the next meeting has been your standard procedure.
ITEM 8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY
DEVELOPERS DIVERSIFIED REALTY CORPORATION
IDAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF
RECORDS:
Corrie: Item No.8, Findings of Facts and Conclusions of Law: Request for
rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty
Corporation/Dakota Company, south of Fairview and east of Records. Staff,
comments, changes?
Stiles: Nothing, sir.
Corrie: Okay. This is the same thing, Bill, right? (inaudible)
Meridian City Council Meet'
November 16, 1999
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Gigray: That'd be correct. I might advise the Council for your information, we
have prepared in light of the direction you gave me at the last Council meeting
with anticipation of preparing these Findings and Development Agreement, and
because it has been represented by the developers in the public hearings that
this property which is the sUbject of Item No.8 and the property which was the
subject of Item No. 7 will be developed together. We have prepared one
Development Agreement which will effect both properties with a proviso that the
owner of the property that's subject to Item No. 7 would only be responsible for
the provisions of the Development Agreement as it pertains to that particular
property. That's prepared and then, I think, has been submitted to the Clerk
today for consideration by the developer if you act on this Item.
(inaudible discussion amongst Council members)
Corrie: Mr. Bentley.
Bentley: I move that we approve the Findings of Facts and Conclusions of Law,
request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty
Corporation/Dakota Company.
Rountree: Second.
Corrie: Okay. Motion's been made and seconded to approve Item No.8, rezone
of 11.4 acres from I-L to C-C by Developers Diversified Realty
Corporation/Dakota Company. Is there any further discussion? Roll-call vote;
Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE
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November 16, 1999
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LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT
IBILL CLARK - SOUTH OF FAIRVIEW AVENUE BETWEEN
EAGLE ROAD AND CLOVERDALE:
Corrie: Item No.9 is Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment from single-family residential to mixed
residential for Terrace Lawn Memorial Gardens, Inc., by Clark Development/Bill
Clark, south of Fairview Avenue between Eagle Road and Cloverdale. Staff.
Stiles: Mr. Mayor and Council, this was recommended for mixed/planned use
development and not mixed residential. The recommendation by Planning and
Zoning Commission was for mixed/planned development. On Page 13 of 16, it
still refers in Item 1, third and fourth line is mixed residential. Also on Page 14,
second line, it says mixed residential. Then also the wording in the Resolution
would need to be changed to from mixed residential to mixed/planned use
development.
Corrie: It wouldn't make a difference (inaudible) cemetery.
Bird: Yeah.
Corrie: Any others, Shari? Anything else? Okay. Thank you.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of
Law, Decisions and Order and Resolution 265 for the single-family residential to
mixed/planned use development and change all references in all of those
documents that refer to mixed residential to mixed/planned use development.
Bird: Second.
Corrie: Okay. Motion is made and seconded to approve the Findings of Facts
and Conclusions of Law on the request for Comprehensive Plan Amendment for
single-family residential to mixed/planned unit development.
Gigray: Mr. Mayor.
Corrie: Mr. Gigray.
Gigray: Sorry to interrupt, but a point of procedure. I'm looking at the staff
reports, and the headings from Planning and Zoning, and it talks about
designation to mixed residential designation.
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November 16, 1999
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Stiles: That is what their application was for, but the motion was to make it
mixed/planned use development.
Gigray: Was there an amendment to the plan?
Corrie: That's what this is, is a (inaudible)
Rountree: That's what my motion was.
(inaudible discussion amongst Council members)
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: City Clerk can't find that file. Possibly Shari could bring that
information to the - we could take a look at it.
Stiles: Do you want the recommendations from the Commission or-
Rountree: Please.
Stiles: -- or your motion?
(inaudible discussion amongst Council members)
Bird: Millenium with G.L. Voigt. This is a different one.
Rountree: Shari.
Bird: This is G.L. Voigt.
Stiles: No. That's the (inaudible)
Bird: Millenium? I don't think so.
Corrie: Millenium Business Park? We all make mistakes.
Bird: What does our motion say to pass the-
Stiles: It's in the motion.
Bird: In the motion?
Rountree: She just said.
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November 16, 1999
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Bird: I can'tfind it.
(inaudible discussion amongst Council members)
Corrie: Mr. Rountree.
Rountree: Page 42 of the minutes of the November 3rd meeting, motion was
made by Mr. Rountree - I move that we have Findings of Facts and Conclusions
of Law to reflect the recommendations from Planning and Zoning and
recommendations from the Planning Administrator that would indicate that the
reference should be to Clark Development/Bill Clark, not J-U-B and the zoning be
described that the City would support mixed/planned use development.
Bird: But the application-
Rountree: And that was the recommendation from Planning and Zoning as well.
(inaudible discussion amongst Council members)
Corrie: Is that what they applied for?
Bird: That's what we voted for was the mixed use.
Corrie: Mixed/planned use development?
Bird: It was such a short week that they couldn't get the minutes to him
(inaudible) and he went off of the recommendations.
Corrie: Okay. So is it all right, then, Mr. Gigray?
Gigray: Well, they're your Findings.
Corrie: I know. Okay. Then I'll repeat the motion, then. The Findings of Facts
and Conclusions of Law, request for Comprehensive Plan Amendment from
single-family residential to mixed/planned unit development for Terrace Lawn
Memorial Gardens, Inc., Clark Development/Bill Clark for Resolution No. 265. Is
that correct, Mr. Rountree?
Rountree: Yes.
Corrie: Okay. Any further discussion? Hearing none, roll-call vote; Mr.
Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
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November 16, 1999
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Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 10.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM
BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND
OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF
OVERLAND:
Corrie: Item No. 10 is a Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment from single-family residential to mixed/planned
use (Millennium Business Park) by G.L. Voigt Development and Overland 16,
LLC, west of Eagle Road and south of Overland. Staff, comments on Item No.
10?
Stiles: Mr. Mayor and Council, on Page 5 of 16, Paragraph 14 that refers to
Edgeview Estates Subdivision should be deleted.
Corrie: Edgewood Estates, No. 14?
Stiles: Yes. It refers to Edgeview Estates Subdivision bordering to the east.
Corrie: Okay. Thank you. Tammy and Cherie, are you following with all this
paperwork? Okay. I'll entertain a motion, then, on Item No. 10 with the
Resolution 266.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of Law
and Order of Decision. I don't find the Resolution. This is the land use - this
doesn't have a Resolution.
Corrie: I don't have a plan use, I'm sorry, with it.
Meridian City Council Meet'
November 16, 1999
Page 17
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Rountree: The Findings of Facts and Decision of Order with the recommended
correction to Page 5 by deleting Item 14.
Anderson: Second.
Corrie: Okay. Motion is made and seconded to approve Item NO.1 0, request for
Comprehensive Plan Amendment from single-family residential to mixed/planned
use Millennium Business Park. Any further discussion? Hearing none, roll-call
vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
Corrie: Item No. 11 -
Rountree: Mr. Mayor.
Corrie: Yes.
Rountree: City Clerk does have a Resolution for particular item.
Corrie: Okay.
Rountree: I don't know that the rest of the Council has that.
Bird: I don't have one.
Corrie: Okay. So they're - okay. We can do the Resolution then.
. Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Meridian City Council Me'g
November 16, 1999
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Rountree: I move that we approve Resolution 266 for G.L. Voigt Development.
Bird: Second.
Corrie: Motion made and seconded to approve the Resolution 266 on G.L. Voigt
Development Overland 16, LLC. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
ITEM 11.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND
ACRES, INC. - SOUTH SIDE OF OVERLAND ROAD ACROSS
FROM INTERSTATE CENTER SUBDIVISION AND ROARING
SPRINGS WATER PARK:
Corrie: Item No. 11, Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment from single-family residential to commercial by
Queenland Acres, Inc., south side of Overland Road across from Interstate
Center Subdivision and Roaring Springs Water Park. Staff, changes?
Stiles: Mr. Mayor and Council, this was also recommended by Planning and
Zoning Commission for a mixed/planned use development designation, although
it wasn't clear by what the motion was by Council, the applicant did get up and
agree to changing the designation to mixed/planned use instead of the
commercial that was requested.
Bird: Was that in their testimony, Shari? Excuse me, Mayor.
Stiles: Yes.
Bird: I don't think our motion covered that.
Corrie: Okay. I'll entertain a motion, then, on Item No. 11.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of
Law, Decision of Order and Resolution No. 267 for this Item 11 and all
references of land use change from single-family residential to commercial be
changed to land use from single-family residential to mixed/planned use
development.
Meridian City Council Mel
November 16, 1999
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Anderson: Second.
Corrie: Okay. Motion is made and second to approve the Findings of Facts and
Conclusions of Law to request for Comprehensive Plan Amendment from single-
family residential to mixed/planned use development to commercial, sorry, to
mixed/planned unit development and to approve Resolution No. 267. Any further
discussion? Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 12.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY IDAHO
BASEBALL ACADEMY - NORTHWEST CORNER OF AMITY
AND MERIDIAN ROAD:
Corrie: Okay. Item No. 12 is a Findings of Facts and Conclusions of Law:
Request for Comprehensive Plan Amendment from single-family residential to
mixed/planned use by Idaho Baseball Academy, northwest corner of Amity and
Meridian Road. Staff, comments?
Stiles: Mr. Mayor and Council, I believe the motion - the recommendation from
Planning and Zoning Commission and the motion by Council for this was to
designate the two acres shown on their plan as mixed/planned use development
and the remainder of that would be park, open space designation. I don't see
any reference to the park.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
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November 16, 1999
Page 20
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Bird: I believe my motion, seconded by Mr. Rountree, that the attorney draw
Findings of Fact, Decision of Order in favor of Comprehensive Plan Amendment
from single-family residential to mixed/planned use by the Idaho Baseball, and
not a thing said about two acres.
Stiles: Do you have the minutes with you?
Bird: I got the minutes right here.
Rountree: I know it was discussed.
Bird: We discussed that, and that's what the motion come through that way. We
didn't feel it was fair to tie them down to two acres.
Stiles: I am showing the (inaudible)
Bird: The decision of the Planning and Zoning Commission. But that had been
discussed at that point.
Stiles: It was two acres mixed/planned use and the remainder park (inaudible).
Bird: I didn't understand it that way.
Corrie: Mr. Gigray, do we have any problem with the Ada County planning on
this proposal? I remember a letter coming in from the Ada County Planning.
Gigray: Mr. Mayor, members of the Council, the letter from the County indicated
that the redesignation of the mixed/planned use might pose some problems with
their existing zoning as to whether or not the intended development of this
applicant could be accommodated without some kind of ordinance change, but in
this instance, remember a Comprehensive Plan drives what will be done as on
the ordinance, so this is kind of the top of the chain. That would be some
problematic issues that the developer might have to deal with the County. As I
remember, there was also some indication in there that they might want to see
some wording in our written Comprehensive Plan regarding what that
mixed/planned use meant, and I suppose that would be for guidance for them on
potential future zoning, and I don't think the application included such a request,
and since you already have and recognize such a use on your Comprehensive
Plan, generalized land use plan, you could facilitate the request. Again, as I've
indicated before, these are your Findings, and you make the changes as you see
them based on the record. It isn't a final action until you take it, approve them.
Corrie: Any further discussion on this two acres and the rest of the open space?
Mr. Bird? Motion to mixed use?
Meridian City Council Meet
November 16, 1999
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Bird: I didn't understand it that way, but I guess - I thought we'd thrown that part
out of the Planning and Zoning. I would move to table this until the next meeting.
I don't think that's the way the owners understood it, did they?
Rountree: Second.
Corrie: Okay. Motion has been made by Mr. Bird and seconded by Mr.
Rountree to table item No. 12 for next meeting for further discussion with the
owners.
Gigray: Mr. Mayor, just a pOint of information while you're considering a vote, if
that'd be agreeable with Mayor and Council. If you wish to give me some
direction about some potential revisions of these so you have something to look
at the next Council meeting, I'd certainly entertain such an accompaniment to
that motion so that I could present you with something else to look at if you
desire which could include a designation of the entire parcel mixed/planned use if
that's what your intentions were or to do the two acres with the park designation
if that's what your intentions were. Some of these Findings, of course, support
the ultimate decision which would mean I have to go back through and review
those for some other potential changes in light of the end result.
Corrie: Okay.
Bird: I'd like to see that if any part of the motion - I thought it was mixed use,
and I don't know what the other guys thought, but I thought we had discussed
and taken that out. I'd like to see some action on that.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: From my prospective, I recall a discussion, also recall that we
included the Planning and Zoning's recommendation in the motion, and I also
recall that the applicant got up before us and generally shook his head and said, I
can agree with that. Wasn't it necessarily his preferred decision on his part, but I
recall that he was in general agreement with that kind of a concept with the two
acres of commercial or mixed use and the remainder as a park designation. I
think we then would have to write some kind of explanation to the County as to
how that particular use classification was interpreted what could go on there. I
believe, at least from my point of view, I'd like to see that angle addressed --
*** End of Side 1 ***
Bird: (inaudible), Charlie? That's how they basically stand now.
Rountree: No. It's not real clear about -
Meridian City Council Meet
November 16, 1999
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j
Bird: It isn't real clear.
Rountree: -- the general findings indicate that it's mixed use.
Corrie: So, Mr. Gigray can (inaudible)
Rountree: Needs to be clarified.
Bird: Yeah. Get it clarified.
Corrie: So that's okay for the addition in your second, then?
Rountree: I'll second that.
Gigray: This is park and two acres then; is that what we're doing?
Corrie: Yes. Okay. All right. The motion is to table Item No. 12 with the
attorney to work on the two acres and the mixed/planned use. Questions? Any
further discussion?
Gigray: Just one additional question if I might ask for the Council is my definition
as have crafted in this decision with regards to where the two acres is in
accordance with your thinking on this. I tried to tie it to the site plan that was
presented and the activity in the site plan that would match that type of use since
we don't have a separate parcel.
Bird: Yeah. I don't know how your going to -I don't know what two acres you're
going to tell them -
Gigray: It also includes a provision that the applicant would submit a legal
description as requested by Staff and Public Works Department that they could
map it.
Rountree: I believe your description is, Mr. Mayor, I believe your description is
how they portrayed the two acres.
Gigray: So I don't need to change that?
Rountree: I don't think so.
Corrie: That's the Hall of Fame waiver and baseball (inaudible) it says of two
acres or more.
Bird: Yeah.
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November 16, 1999
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Gigray: Yeah. I just did two acres more or less so that it could fit whatever it is
because we didn't have exact measurements.
Corrie: Okay. Any further discussion? All in favor of the motion to table, say
aye.
MOTION CARRIED: ALL AYES
Corrie: Item tabled to December tho I believe it's the December the 7th; right?
ITEM 13.
TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS
OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR
CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY
WILLIAM & LUCILE LEAVELL - END OF 5TH, NORTH OF
CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW:
ITEM 14.
TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS
OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO
CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE
FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR
PHASE II) BY WILLIAM & LUCILE LEAVELL:
Corrie: Okay. Item No. 13 is tabled 11/03/99: Findings of Facts and
Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour
Phase II from R-8 to R-15 by William and Lucile Leavell, end of 5th, north of
Creekside Arbour Phase and south of Fairview. Staff, any comments on this
one?
Stiles: Mr. Mayor, Council, on Items 13 and 14, we have met with the applicant.
There are some conditions in the Findings of Facts and Conclusions of Law that
they wish to have amended now. So we are waiting some revised site plans and
revised narrative for the application so we can notice for a new public hearing
and incorporate those changes if the Council chooses to.
Gigray: Mr. Mayor.
Corrie: Mr. Gigray.
Gigray: There was a Council just to assist in this, I believe I submitted a memo
to the Mayor and Council regarding that meeting and a recommendation that the
Council consider a motion to re-open the public hearing and to re-set it providing
the notice of (inaudible) under law, receive additional evidence and testimony
which would effect the issues with regards to particularly pathways and roadways
and other items which would be affected and would be beyond what Staff felt
would be done and still to make those changes still be within the framework of
the public hearing and the record that's been produced in this matter.
Meridian City Council Me.
November 16, 1999
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Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: A question for counsel. That would be hearings for both of the rezone
as well as the conditional use should be re-opened?
Gigray: I think the potential conditions would probably cross both ones, and the
safe play would be to re-open them. We had a meeting with their - the owners
and with their representatives, and I think they fully understand this and would
agree to this action.
Corrie: I'll entertain a motion to move re-opening of the public hearing. Do we
need a date?
Bird: We need to table these.
Corrie: Yeah. We do need to table them, but we do need to re-open them.
Okay.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we table No. 13, the Findings of Facts and Conclusions of Law:
Request for rezone 7.265 acres from Creekside Arbour Phase II from R-8 to
R-15 by William and Lucile Leavell.
Gigray: Fourteen also.
Bird: Yeah. Thirteen and fourteen. The request for conditional use permit.
Table these until - how long do you have to send out the public notice before
they open?
Corrie: Fifteen days.
Bird: It takes three weeks.
Corrie: (inaudible) December, right? So you're looking at January, then?
Bird: Go into the first one in January?
Corrie: First meeting in January would be -
Bird: We can go the 21st of December. Would that give us time?
Meridian City Council Me.
November 16, 1999
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Corrie: Shari, do we have time? When is that going to be due?
Stiles: Mr. Mayor, we are still waiting for revised site plans, so until we get those,
we won't know.
Corrie: Okay.
Rountree: Just remove it.
Corrie: Well, you've got -
Bird: Can we remove it?
Corrie: -- some unfinished business with counsel, here. Will we have that by
the, what is it, January the 4th?
Stiles: Hopefully we will.
Corrie: We'll have to because otherwise we'll have to hold this Council for
another two weeks. Okay. Let's go for the 4th of January and see what -
Bird: Table until the 4th of January and proceed with public hearings on both
items.
Corrie: Okay.
Bentley: Second.
Corrie: Okay. Motion made to table to January the 4th, 2000, Items No. 13 and
14. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES
ITEM 15.
TABLED 10/5/99: ANNEXATION AND ZONING OF 6.15 ACRES
(FOR R-40 ZONING) FOR PROPOSED COBBLESTONE
VILLAGE BY IONIC ENTERPRISES, INC., - SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN:
Corrie: Item No. 15 was tabled 10105/99. This is annexation and zoning of 6.15
acres (for R-40 zoning) for proposed Cobblestone Village by Ionic Enterprises,
Inc., southwest corner of Locust Grove and Franklin. Mr. Gigray, do we have
that? What we've been waiting for?
Meridian City Council Mel
November 16, 1999
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Gigray: Mr. Mayor, members of the Council, we've received communications
from the applicant here, and they've provided us with the necessary Resolutions
and authorization to do business, and I believe they've supplied the Clerk with a
signed -- signature on the Development Agreement
Corrie: Will, do you have that?
Berg: Mr. Mayor, members of the Council, yes. I have his signature on the
Development Agreement. They submitted a thick package that I passed onto Mr.
Gigray for his inspection.
Bird: Are we ready to dance?
Corrie: Yeah. We can - do you want to do that one?
Bird: Well, I just wanted to know if we got everything we need.
Corrie: Okay. I'll entertain a motion on Item 15.
Gigray: I believe this would be the first reading of an annexation ordinance and
zoning. Isn't that - or first you could move to authorize the Mayor to sign the
Development Agreement if that isn't on the record. This has been tabled for
awhile so it's a little confusing. That'd probably be the first motion and then you
can deal with the -
Corrie: Annexation.
Gigray: -- annexation and zoning ordinance. But since the developer has
already signed the Development Agreement, that's usually the only reason why
you hold those up.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Development Agreement for Ionic
Enterprises, Inc., authorize the Mayor to sign, the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second QY Mr. Bird to have the Mayor
sign, the Clerk to attest the Development Agreement on Cobblestone Village.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
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November 16, 1999
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Corrie: All ayes, motion is carried. Okay. I'll entertain a motion on the
annexation.
(inaudible)
Corrie: Yes.
(inaudible)
Rountree: You do a roll-call.
Corrie: Oh. On that one? On development - okay. All right. We'll go back for a
roll-call vote on the Development Agreement; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. Annexation and zoning is in order?
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I have a question for counsel. We have a copy of the ordinance that
was provided to us on September ih and it's been tabled since that time; is that
ordinance reflect the most recent changes?
Gigray: Mr. Mayor, Councilman Rountree, members of the Council, there really
were no changes. What we were waiting on had to do with corporate issues and
certification from the Secretary of State and waiting for Resolutions, and I think
that the corporation Ionic's people were in and out of the office. and that caused
them some delay. and that's the only reason we've been holding it.
Meridian City Council Mel
November 16. 1999
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Corrie: Resolution 848.
Bird: Ordinance, isn't it?
Corrie: I mean Ordinance. Yes.
Bird: I say we jump to (inaudible)
Corrie: Well, we can't very handily read the ordinance by title only since I don't
have it unless you have it.
Rountree: Will has it.
Corrie: Will's got it? Okay.
Bird: He can read it, then.
Corrie: Mr. Berg, will you read Ordinance No. 848 by title only, please?
Berg: Yes. Thank you, Mr. Mayor, members of the Council. Ordinance No. 848,
an ordinance finding that certain land lies contiguous or adjacent to the city limits
of the City of Meridian, County of Ada, State of Idaho, and finding that the owner
has made a request for annexation in writing to the Council and that said land be
annexed to the City of Meridian and zoning designated high-density residential
district, R-40, and declaring that said land by proper legal description and
described below be a part of the City of Meridian, County of Ada, State of Idaho,
repealing all ordinances, resolutions, orders or parts thereof in conflict herewith
and directing the city engineer to add said property to the official maps of the City
of Meridian, Idaho, directing the Clerk of the City of Meridian to file a certified
copy of the Ordinance and map of the areas to be annexed with the Ada County
Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the
State of Idaho pursuant to Idaho Code ~ 50-223 and 953-2215.
Corrie: Thank you. Anyone from the audience that would like to have Ordinance
No. 848 read in its entirety? Okay. Hearing none, I'll entertain a motion on
Ordinance 848.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve Ordinance 848 with suspension of rules --
Bird: Second.
Rountree: -- authorize the Mayor to sign, the Clerk to attest.
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Bird: Second.
Corrie: Okay. Motion is made and seconded to approve Ordinance No. 848 with
suspension of rules, Mayor to sign, Clerk to attest. Roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 16.
CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR 96-UNIT APARTMENT COMPLEX
(PROPOSED COBBLESTONE VILLAGE) BY STAMAS
CORPORA TION/IONIC ENTERPRISES, INC. - SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN:
Corrie: Item No. 16 is a public hearing, continued public hearing. This is request
for conditional use permit for a 96-unit apartment complex (proposed
Cobblestone Village) by Stamas Corporation / Ionic Enterprises, Inc., southwest
corner of Locust Grove and Franklin. Since this is continuous of the public
hearing, I'll open the public hearing and Staff first.
Stiles: Mr. Mayor, Council, I believe the applicant is here tonight to be able to
make a presentation on their proposal. I believe you have the recommendation
from Planning and Zoning Commission. They did recommend that some of the
three-story buildings that were adjacent to the Robersons, the Robersons live
right here, and they have asked that those buildings be reduced from the three-
story to two-story. Other than that, I believe they are here prepared to make the
presentation tonight.
Corrie: Okay. Thank you. Since this is a continuous public hearing, Ms. Butler, I
believe you're going to go present - okay.
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Butler: Thank you, Mr. Mayor, Council members. JoAnn Butler, 101 South
Capital Boulevard representing Ionic Enterprises as the applicant. As the
Council will remember, at the time that we had the last public hearing on
annexation and zoning, we also went over the entire conditional use and
presented the various fords that Staff has describing what would be done on-site,
and we held over - the Council held off on reviewing the Commission's
recommendations pending the final adoption of annexation and zoning and
signing of the Development Agreement. You have the recommendations by the
Commission before you which we agree with except there are just maybe two or
three that I'd like to direct the Council to and just indicate how we have provided
you with more information or a question that we have. With that, we will - after I
get through with that, we have Bryce Peterson here and Doug Tamura, the
architect and designer that can answer any specific questions that you might
have after following on the other public hearing that we've had. I'm looking right
now at 1.27 which is found on Page 6 of your recommendations. This states that
the proposed height of Building D, these are the buildings, the two buildings that
are southerly most on the property. When we originally presented it to the P & Z,
they were approximately 33 feet, and the Commission at that point was saying
that they wanted to see further detailed and representation at the hearing, and I
think they meant the City Council hearing. On the actual height of the buildings
and what we presented to the Council at the last public hearing was the fact that
those hearings had been reduced in height from three- to two-story so that they
are approximately 26 feet in height, and the Staff has plans that show that. So I
think that recommendation just reflect the fact that the plans now show that, and
that is our intention. Then looking at 1.31 and 1.32, this is on Page 7. 'think we
explained this to the Council, but the Planning and Zoning's recommendation
was that they didn't think they saw an apartment maintenance building. As you
will recall, there is an existing structure on site that will be remodeled for the
clubhouse, for the laundry and the clubhouse, and the garage of that building will
be used for maintenance equipment. In 1.32, their recommendations talk about
storage areas for things such as boats, campers and trailers. This was
something that I have to say I don't recall discussing either at the Planning and
Zoning Commission and looking back at the transcript or the City Council. We do
meet your parking requirements at two spaces per unit, so we are meeting your
requirements. I think that this particular recommendation would fall away.
Finally, I'll just turn you to the last two pages, Pages 8 and 9. These were the
specific recommendations of the P & Z Commission, 1.43 that the two buildings
shall be reduced to two stories which they have, and on the following page, the
unimproved right-of-way shall be maintained at the expense of the developer,
and that is true. On 1.45, with regard to ACHD, it has always been our intent to
meet all of ACHD's requirements. At the Planning - as we talked about at the
last City Council meeting, at the Planning and Zoning Commission, there was a
discussion with Larry Sale about whether or not that intersection should be
improved at that point. Mr. Sale was explaining to the Commission that, no, right
now ACHD was looking for more flexibility with regard to that intersection. I'm
just reading from my notes from that hearing. That when it becomes a safety
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problem, ACHD can move funds to reconstruct and install a signal or add turn
lanes. He was explaining to the Commission that, no, ACHD had not made that
requirement or made that requirement of this applicant, and it was not making
that recommendation. We will- so we are asking that that condition of approval
be clarified to say the applicant will meet all ACHD's requirements, but with
regard to a proportionate share of improvement, that would be left up to ACHD.
At this point, they are not asking for that. So, other than those few modifications,
we're in agreement with the recommendations of the Planning and Zoning
Commission. We'll stand for questions and respectfully ask that you approve the
conditional use as you have the zoning and annexation.
Corrie: Mr. Rountree.
Rountree: I'm just a little slow at taking notes, so bear with me.
Butler: Okay.
Rountree: The second item you mentioned after 1.27.
Butler: 1.31.
Rountree: Okay.
Butler: That's the - there is an existing structure on-site that's going to be used
for clubhouse and, I guess, P & Z would - was wondering where will
maintenance equipment be held, and that will be in the garage of this structure
which exists.
Corrie: Excuse me, but did you say 1.32 to eliminate?
Butler: Yeah. We're asking that that be eliminated. It references, it says that
there does not appear to be any storage areas provided on the site, and they're
talking in terms of boat, campers and trailers. That wasn't - it's certainly not a
requirement under the Ordinance, and we think that we are very well parked for
this site to - two spaces per unit, so if that should become an issue, that people
would have spaces. I don't think it's our idea to encourage that.
Rountree: That's alii have.
Corrie: Any comments, Council?
Bentley: Comment for Staff. Shari, your response to her - response of your
questions?
Stiles: I do agree that the storage at least for the maintenance of the facility
could be accommodated in the existing building. Under 1.32, it is referring
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specifically to an ordinance requirement for planned developments that asks for
that additional parking, and what our comment was that they either provide that
or submit some information justifying why that was not required; why they didn't
need it.
Bentley: She's stating there's extra parking spaces; is that true? Is there enough
there to handle or do we require this to be in a separate area?
Stiles: It meets ordinance requirements for parking.
Bird: But it don't for storage.
Bentley: But it doesn't for storage.
Stiles: The way the Ordinance reads, it does ask for additional storage areas,
but in an apartment complex, we don't think that you would see a lot of that.
Bentley: Okay. Thank you.
Corrie: Bryce.
Rountree: Mr. Mayor.
Corrie: Yes.
Rountree: Just on that topic and question of Shari, would a maintenance
restriction or management restriction on the site would preclude residents from
having those kinds of things on the site be sufficient to get around that?
Stiles: Yes, I believe it would.
Bentley: Because it's going to come up.
Peterson: Mayor and members of the Council, my name is Bryce Peterson. I'm
representing the (inaudible) Stamas Corporation who will be the owners of this
property. Our - the management company would not permit the use of the
parking facilities for that, anything that might be of a nature that would be a trailer
or a boat or like that. We would like to have you (inaudible) with Councilman's
Rountree suggestion that we provide in the approval of this project that we don't
allow it. It certainly would please us if that were in there.
Bird: Put it on our backs.
Peterson: Any questions?
Corrie: Thank you.
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Peterson: Thank you.
Corrie: Thank you. Anyone else like to issue testimony on Item No. 16? Okay.
Council, any questions?
(inaudible)
Corrie: You'd better come up here and give us a few words in.
Fox: Alan Fox, 1840 Cadillac Drive. Shari, could you go back to the previous
one where you had the yellow spot up there showing it? Thank you. They show
Locust Grove as going straight across which it doesn't right now. There's no
projection when that's going to happen. I talked to Larry Sale two weeks ago, he
told me you guys are - Meridian City Council of Meridian is going in for a federal
grant. If they get that, the overpass over the freeway will be two to four years
down the road. I said, "What happens if they don't get the grant?" He said, "I
can't give you a timeframe." There's also an original time, first time in here, I
didn't make the meeting. I was told that the signatures that were turned into you,
they were told that the signatures (inaudible) didn't live right next door, so you
didn't care about the signatures. They came from other subdivisions. 200 of
those I collected, and they came from the blanks - the bottom up was R-T, Shari,
on down. No. Lower. Right down - right there. Okay. That subdivision you're
going to hear about tonight. They (inaudible) 180 homes in there. We border
that. My subdivision. Locust View Heights. I took 200 signatures out of that
area and was on (inaudible) go by the intersection down there every day at least
twice a day. Traffic right now is crowded. This, basically, is the same type of
apartment complex setup that you turned down on Overland and Locust Grove a
couple of months ago. Originally, (inaudible) plan for the road and Five Mile
Creek's going in there. He claims he's got 6.15. By the time we get done giving
up land for roads and everything, he's going to be down close to four acres. He's
going to be under five acres, I'll bet, to build on. His original plan when he came
in, he had 12 apartments in there, and it was only going to be one to two of them
going to be two stories. The second time he came back, there were three to four.
Now he's down to nine buildings, and all of them are going to be three-story he
wants. That's building right there (inaudible) too high density. He doesn't have
the room that he started out with that he thought he had to build in there. As
Locust View Association strongly oppose this going in on the corner there due to
the high density and the problems we have with traffic. I thank you.
Corrie: Okay. Any questions of Council?
Bird: I have none.
Corrie: Thank you, Mr. Fox. Anyone else from the public?
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Roberson: My name is Ernie Roberson, and I live right next to this development.
On Item 1.26 where it says that south boundary be incorporated with a berm at
least three feet, we don't think that's (inaudible) going to put a berm of three feet,
then we should have the brick wall or a masonry wall on top of the berm because
for sound, we go right next to this (inaudible) development. Also I believe your
ordinance says that it is 20 feet from my fence to his fence. I think right now
you're saying that it's 15. So we are saying that it should be, your City Ordinance
says it should be 20 feet. Also, if they are now the owners of that property,
there's a dead animal in the creek. We have talked to everybody in the ACHD
and so forth, and they said it's the property owners' responsibility to remove the
dead animal. I'd love to see that done. Thank you.
Corrie: Anyone else like to issue testimony? Okay. Ms. Butler, do you want to _
any comments on the testimony?
Butler: Thank you, Mr. Mayor. We appreciate all the neighbors' comments that
they've provided us and the Council at the last hearing. Just briefly, again, these
are not three stories, but two stories. The density, I appreciate that people would
not like to see perhaps any homes in the vicinity, but this - the allowed density is
40 units per acre, and this stands at 14.9, so much decreased density from what
is allowed. We also appreciate that everybody has concerns about the traffic.
As Larry Sale said at the last hearing, he has bad news and bad news. Traffic in
the area is an issue, but it's an issue that ACHD is dealing with. It's not reached
the issue where they feel they need to improve the intersection at this point, that
they're very much aware of it by virtue of the fact that Mr. Sale has been at so
many meetings about this particular area. They're obviously trying to convey to
Meridian that they're aware of it. So with that, again, we think that - we
appreciate the comments raised, but we think that we've dealt with those issues
and are asking the Council to approve this tonight.
Corrie: Can you get the animal out of there?
Butler: Sure. Yes.
Corrie: Thank you.
Butler: And thank you for - that we've been made aware of that.
Corrie: Okay. Council, any questions on the public hearing?
Bird: I have none.
Corrie: Okay. I'll entertain a motion to close the continued public hearing at this
time.
Bird: Mr. Mayor.
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Corrie: Mr. Bird.
Bird: I move that we close the public hearing of Stamas Corporation I Ionic
Enterprises, Cobblestone Village.
Bentley: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 16.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Council, discussion? Okay. Hearing no discussion on Item 16, I'll
request a motion on the conditional use permit.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: Just a procedural question. I've missed a step on this. We do need
Findings, correct? Okay. Mr. Mayor, I will move that we have the city attorney
prepare Findings of Facts and Conclusions of Law on this request for conditional
use permit and that the Findings of Facts and Conclusion reflect
recommendations of the Planning and Zoning Commission with the following
changes: Item 1.27 reflect that the adjacent building heights to surrounding
properties be no more than two stories; Item 1.31 reflect that the maintenance
equipment will be stored on-site in the existing garage; Item 1.32 reflect that
parking will meet a City of Meridian's Ordinance and that further no on-site
parking for recreational vehicles, commercial vehicles be allowed; on Page 8,
Item 1.43 - do you have that? Would you read that to me?
Corrie: Which one?
Rountree: 1.43.
Corrie: 1.43. The two buildings identified as D-type buildings shall be restricted
to two-story buildings.
Rountree: Okay. Again, that the building height be restricted to two stories; and
Item 1.45 that the intent there is that the applicant will meet all of ACHD
requirements.
Bird: Are you done? Second.
Rountree: I'm done.
Meridian City Council Mel
November 16, 1999
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Bird: I second it.
Corrie: Motion is made and seconded to approve the request for conditional use
permit and have the attorney draw up the Findings of Facts and Conclusions of
Law incorporating the Planning and Zoning comments and other changes made
by Councilman Rountree. Any further discussion?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Just like to go on record that I do appreciate the developer working
with some of the concerns of the citizens, and I think you've tried to address
some of those. From my perspective, I oppose this project from its start, and
primarily for the concerns a lot of the citizens are stating. Franklin Road not
being widened yet, no stoplight, Locust Grove not being improved or widened,
the possibility of an overpass, things like that. So, I again, at this point, I think it's
a good project and I think at some point it would fit in there very nicely, I guess,
I'm still going to vote against this simply because I think we ought to put the
infrastructure and build the roads first, and then buildings up; however, the
funding is not there to do that, and so I think I'm kind of on the losing end of this
battle, but I just wanted to go on record as stating that.
Corrie: Any further comments?
Bird: I have none.
Corrie: Okay. Roll-call vote; Mr. Anderson.
Anderson: No.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: THREE AYES TO ONE NAY
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ITEM 17.
CONTINUE PUBLIC HEARING: REQUEST FOR
COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-FAMILY
RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT
(TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A.
BILLlGIWA TERFORD DEVELOPMENT AND CONSTRUCTION
COMPANY - EAST OF ST. LUKE'S BETWEEN 1-84 AND
FRANKLIN ROAD:
Corrie: Item No. 17. This is a continued public hearing. This is a request for
Comprehensive Plan Amendment from single-family residential to mixed/planned
use development, Touchmark Living Centers, Inc., by Joseph A. Billig / Waterford
Development and Construction Company, east of St. Luke's between 1-84 and
Franklin Road. At this time, I'll open the public hearing and hear from Staff first.
Stiles: Mr. Mayor and Council, this is for a request for Comprehensive Plan
Amendment change. Some of this property from single-family residential
designation to mixed/planned development. A portion of this, approximately to
here is already designated as mixed/planned development. The applicant has
submitted applications for annexation and zoning and conditional use permit on
this property which will go to - I can't remember when it's going to - anyway, it's
on its way to you. There's two applications. Staffs recommendation was that
they did include this piece of property within that mixed/planned use area so that
there wouldn't be a mixed/planned use development designation surrounding it,
and then this would still be single-family residential. They did agree with that.
Do you all have preliminary Findings?
Corrie: Yes.
Stiles: I just did have one comment on those. I don't know if - I guess I'll wait
until the public hearing is over.
Corrie: Okay. This is a public hearing and invite the developer's representatives
first.
Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland. I think I kind
of gave you a presentation on this two weeks ago, so I'll keep this quite brief.
We're asking for the mixed/planned use development on this property. As I
mentioned before, a portion of the Bews' property is already designated
mixed/planned use development. We're just asking for that designation to be
continued to the east up to the Meridian Impact Boundary there; Edgeview
Estates and the Ridenbaugh Canal. We have done a traffic study on this project.
It was submitted to ACHD. We received comments from their staff in writing that
promotes this Comprehensive Plan use change according to their analysis, the
number of trips per day would be less than if this property were to develop as,
say, an R-4, single-family development. As Shari indicated, the conditional
uselrezone/annexation applications are working their way through the process.
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They'll be heard by the Planning and Zoning Commission in December. At that
point in time, we'll start getting into the specifics. At this time, we're just asking
for the Comprehensive Plan change to proceed forward so that we may continue
on. We did hold a neighborhood meeting a week or so ago. We had a good
turnout. We talked to the Montvue neighbors, talked to the Edgeview residents,
and we're trying to work through some of the issues that we know will be brought
up when this comes through as a CU and annexation rezone. Thank you.
Corrie: Thank you. Anyone else from the public like to issue testimony on Item
No. 17? Okay. Shari, comments?
Stiles: I just had one item on the Findings. On Page 3, Paragraph 7 should
indicate that the property is south of franklin Road and north of 1-84.
Corrie: Any other comments? Close the public hearing? Okay. I'll entertain a
motion to close the public hearing.
Bentley: So moved.
Rountree: Second.
Corrie: Motion made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Mr. Gigray, is there any (inaudible) difference between the findings of
Facts on the Decision of Order for the request for Comprehensive Plan
Amendment from the original?
Gigray: Mr. Mayor, members of the Council, as I remember, the public hearing
which you continued was virtually completed at the last meeting, and I think you
continued this just in case someone else might appear. I don't believe that there
was any new evidence produced and the correction as indicated by the Planning
and Zoning Administrator is a good note of a misdesignation of north and south
and is appropriate. I think we prepared a Resolution on this as well.
Rountree: Yes.
Corrie: That would be Resolution No. 268 if you'd like to incorporate it in your
motion, whoever does.
Bird: 269.
Corrie: Oh my goodness.
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Berg: (inaudible) Development Agreement that (inaudible).
Corrie: Not on this.
Berg: No, for Cobblestone.
Corrie: Okay. Then it'd be Resolution No. 269.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of
Law, Decision of Order and Resolution No. 269 for this Item.
Corrie: Do you want to add the correction on Item No.7, Page 3?
Rountree: And include the correction on Page 3, getting the direction, the proper
order.
Bentley: Second.
Corrie: Okay. Motion made and seconded to approve Item No. 18, 17. Excuse
me. Request for Comprehensive Plan Amendment with the change in the Item
No.7, directions, and also the Resolution No. 269. Any further discussion?
Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. Before we get into the regular public hearings here, No. 18, 19,
20, 21, 22, 23, 24, 25, 26, we'll take a break. Is there anyone here to testify on
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Item 18? Raise your hand. One? Okay. That's all right. No. 19? Okay. 20?
Just trying to look at time here to see if - 21? 22? 23? Okay. 25?
Bentley: 24.
Corrie: And 26? So we have - is that 19 or 20 that you were, back in the back?
18? Okay. 18. Okay. Let's - I'll entertain a motion for about a five-minute
break.
Bird: So moved.
Bentley: Second.
Corrie: Motion made and seconded for a five-minute break. All those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 18.
PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC
UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12, 13
BLOCK 7. WHITESTONE ESTATES NO.3 SUBDIVISION BY
WHITESTONE DEVELOPMENTS, LLC - NORTH OF WEST
FRANKLIN ROAD AND WEST OF SOUTH LINDER ROAD:
(Where upon meeting was in recess at 9:12 p.m.)
Corrie: Okay. 9:20 reconvene the City Council, Item No. 18. Is a public hearing,
a request for a vacation of public utilities and drainage easements on lot 5, 6, 12,
13, block 7, Whitestone Estates NO.3 Subdivision by Whitestone Development.
So I'll open the public hearing on Item 18. Staff, comments first. Yeah. That's
you, Shari or Gary.
Stiles: Mr. Mayor and Council. this is for a vacation of easements. The
Whitestone Subdivision was originally proposed with stub streets going to the
south. The Meridian School District has since taken that property to the south
where an elementary school and when they replatted it, the county engineer
required them to leave the existing easements on the plat for these four lots and
that's what they're asking for is vacation of those previously approved
easements.
Corrie: Gary.
Smith: Mr. Mayor, Council members, typically we receive from each of the
affected utilities a signed statement, notarized signature, indicating that they
relinquish their rights to these easements. Mr. Gigray has some information for
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you this evening on the State statute requirements for vacation of these
easements. Since this is part of a previously recorded final plat, Bill has
explained to me that these statutes would apply as they are written, and
somewhat simplifies the process for vacating of these easements.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor, members of the Council, since this is part of - these
easements are part of the plat, it appears that the procedure that you would
follow is in the subdivision statutes of the State which is under 50-1306A,
Subsection 5 which requires on vacation that upon receipt of agreement in
writing of the persons who hold of the easement rights that you're in a position
where you could proceed to grant the application for vacation, and I believe that's
what the Public Works Director said is on file and part of the record. Makes a
difference, this is always very kind of dicey because if it isn't in a plat, then we
have to follow a completely different procedure that's more cumbersome.
Corrie: Okay. Thank you. Is there anybody from the public that would like to
issue testimony on the Item No. 18, request for a vacation of public utilities and
drainage?
Ackley: (inaudible)
*** End of Side 2 ***
Ackley: -- or what it involved.
Corrie: Okay. Your name, please.
Ackley: Fred Ackley.
Corrie: Okay. A-C-K-L-E- Y?
Ackley: Yep.
Corrie: Okay.
Ackley: So is this for the utilities that are-
Corrie: Right. This is for the public utilities and drainage easements on one, two,
three, four lots in Block 7.
Ackley: Right. But it's for putting in the elementary school that they're going to
vacate that section of it, or-
Smith: Mr. Mayor.
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November 16, 1999
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Corrie: Mr. Smith.
Smith: Mr. Mayor, Council members, originally when the Whitestone plat was
platted, recorded, the developer showed two streets extending to the south into
the area that's now occupied or will be occupied by the school. These two stub
streets are the item of the vacation request. Because when the property was
sold to the school district by the developer, then these stub streets were no
longer needed because they're accessing the property off of the street to the
south, Waltman, correct? So these two stubs were not needed. The lots along
the north boundary of this school district property then were replatted, and the
replat was required by the county engineer to show these previously recorded
rights-of-ways as an easement. So this process that's being requested now is to
vacate those easements, and so the recorded plat of the amendment to this
section of the previously recorded plat will, this process will eliminate those
easements.
Ackley: Okay.
Corrie: Thank you. Anyone else like to issue testimony at this point? Okay. If
there's no other testimony, I'll entertain a motion to close the public hearing on
Item No. 18.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 18.
All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay. I'll entertain a motion for Findings of Facts and Conclusions of
Law to be drawn up.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we instruct the city attorney to prepare
Findings of Facts and Conclusions of Law and a Decision of Order reflecting
favorably on this vacation.
Bird: Second.
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Corrie: Motion's made and seconded to have the attorney draw up the Findings
of Facts and Conclusions of Law with approval of the request for vacation. Any
further discussion? Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 19.
PUBLIC HEARING: REQUEST FOR VACATION OF TWO 10-
FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE
COMPANY LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS
PARK:
Corrie: Item No. 19 is a public hearing: Request for vacation of two 1 Q-foot wide
public utility easements by W.H. Moore Company, Lots 5 and 6 of Block 1,
Meridian Business Park. I'll open the public hearing. Staff, comments?
Stiles: Mr. Mayor and Council, this is for vacation of those easements. They
would be located south of - west of East 5th and south of Bower Street on -
actually, it would involve four lots instead of just the two that are shown there.
Corrie: Shari, we can't see what you're -
Stiles: I believe those easements - there's a five-foot public utility easement on
the south side of these two lots, and then another five-foot easement here, and
then another five-foot easement on each side of this property line. And they're
requesting vacation of those easements so that they can construct a single
building using these three lots.
Corrie: Gary, same situation?
Smith: Yes, Mr. Mayor and Council members. It's a similar situation. I do have
the relinquishment of easements from the affected utility companies in
possession.
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Corrie: Okay. Public hearing on the request of vacation. Person here?
Seal: Good evening. My name is Jonathan Seal. I'm with W.H. Moore
Company, 600 North Steelhead. I'm not sure that I can really add anymore to it.
In essence, we just have two ten-foot public utilities through there. We're
ultimately buildings will be situated. We're asking that they be vacated. All the
utilities are in the street. As Gary said, we've gotten relinquishment from all the
utilities on these. Other than that, I'd be glad to answer any questions. It's pretty
straight-forward.
Bird: I have none.
Corrie: Thank you. Okay. Anyone else from the public like to issue testimony at
this point? Okay. Hearing none, I'll entertain a motion to close the public
hearing.
Anderson: So moved.
Bentley: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 18.
Excuse me. Item No. 19. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we instruct the city attorney to prepare Findings of Facts and
Conclusions of Law with a favorable recommendation for the vacation of two 10-
foot wide public utility easements by W.H. Moore on Lots 5 and 6, Block 1 of
Meridian Business Park.
Bird: Second.
Corrie: Motion's been made and seconded to request the attorney to draw up
Findings of Facts and Conclusions of Law with favorable request on Item No. 19.
Any further discussion? Hearing none; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
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Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 20.
PUBLIC HEARING: REQUEST FOR ANENXATION AND
ZONING FOR OVERLAND MINI-STORAGE OF 7.25 ACRES
FROM SINGLE-FAMILY RESIDENTIAL WITH ACREAGE TO
COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY
OVERLAND MINI-STORAGE, LLC - 1230 OVERLAND ROAD:
Corrie: Item No. 20 is a public hearing: Request for annexation and zoning for
Overland Mini-Storage of 7.25 acres from single-family residential from acreage
to commercial lots and mini-storage facility by Overland Mini-Storage, LLC, 1230
Overland Road. At this time, I'll open the public hearing on Item 20 and invite
Staff to go first.
Stiles: Mr. Mayor and Council, this is for the property on Overland Road
immediately north of the Sportsman Pointe Subdivision. Nine Mile Creek comes
down on the boundary here. This is where the Treasure Valley Baptist Church is.
This area here has recently been annexed and is proposed as a roofing
contractor's office and storage area. They have also submitted in the next two
applications preliminary plat and a request for conditional use permit. The only
use they have shown now is for storage units. We have asked for a
Development Agreement to be entered into and would recommend approval with
Staff and agency comments.
Corrie: Okay. Thank you. Staff comments? Okay. Public hearing, (inaudible)
from the applicant here tonight?
Unger: Good evening, Mr. Mayor, Council members. My name is Bob Unger,
I'm with Pinnacle Engineers. Our address is 870 North Linder Road, Suite B,
Meridian, Idaho 83642. We represent the Overland Storage, LLC in this project.
Shari, do you have the plat itself on here? There you go. Thank you. What we
are proposing is a four-lot, or actually, four-lot subdivision. We have one, two,
three, four lots in here. There's currently an existing house on this lot right here.
We're asking that that house be allowed to continue to be there until such time as
some sort of development could occur on it or a conditional use to modify the use
of the structure. These two lots would be used for commercial, some sort of
commercial development in the future which would require conditional uses on
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each of those lots. For development, this lot here, we are requesting approval for
mini-storage facilities. They would be individual storage, and also they would be
some other - recreational vehicle storage which would be covered. We have
provided a landscape plan which provides landscaping around the perimeter as
required by Staff and by Code. The zoning that we are requesting is a C-G
which is compatible with the development which is currently occurring in the
area. That zoning is compatible with policies and the goal of the City
Comprehensive Plan. Sewer and water are available to the site. In fact, there is
a sewer easement that runs along the edge of the property here which we are
aware of and during Staffs review of the project, particularly Public Works
Department, we were informed that we couldn't have any kind of drainage or
anything over that easement, so we have no problems with that. We'll modify our
drainage to comply with Staffs requirements. We have reviewed the Findings of
Facts and Conclusions of Law and the conditions of approval from Staff and the
recommendations from the Planning and Zoning Commission. We really have no
problems with those conditions or the Findings of Facts and Conclusions of Law
which have been forwarded to the Council. I believe at this point, we'll just stand
for any questions that you might have.
Corrie: Questions from Council?
Bird: I have none.
Rountree: I have none.
Corrie: Okay. Thank you. I'm sorry. Mr. Bentley.
Bentley: Do you want your testimony from this hearing included in the others?
Unger: Yes. You could include my testimony on Items 21 and 22.
Bentley: Thank you.
Unger: Thank you.
Corrie: Anyone else that would like to issue testimony on Item 20? Okay.
Hearing none, I'll entertain a motion to close the public hearing on Item 20.
Bentley: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close Item No. 20 public hearing. All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
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Corrie: Discussion? Recommendation?
Bentley: I have no discussion.
Corrie: Okay. I'll entertain a motion on the annexation and zoning. The proper
Development Agreement. Shari?
Stiles: Mr. Mayor, I don't have Findings in my -
Corrie: We didn't. They're just recommendations. Just a little - (inaudible).
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we instruct the city attorney to prepare Findings of Facts and
Conclusions of Law for the request for annexation and zoning of the mini-storage
of 7.25 acres from single-family residential with acreage to commercial lots and
mini-storage facility by Overland Mini-Storage and adopt the recommendations of
Staff and P & Z.
Bird: I second that.
Corrie: Motion's made and seconded to approve the public request for
annexation and zoning, Item No. 20, for the attorney to draw up the Findings of
Facts and Conclusions of Law. Any further discussion?
Bentley: Mr. Mayor, that needs to include a Development Agreement.
Corrie: Okay. All right. Include the Development Agreement, okay with the
second?
Bird: Yeah.
Corrie: Any other discussion? Hearing none, roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
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Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 21.
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
OVERLAND MINI-STORAGE SUBDIVISION BY OVERLAND
MINI-STORAGE, LLC - 1230 E. OVERLAND ROAD:
Corrie: Item 21 is a public hearing: Request for preliminary plat for Overland
Mini-Storage Subdivision by Overland Mini-Storage, LLC. At this time, I'll open
the public hearing and invite Staff comments.
Stiles: Mr. Mayor and Council, I'd ask that you incorporate testimony from the
previous hearing and that all Staff and agency conditions be met.
Corrie: Okay. Public hearing. We have Mr. Unger's on record for 21. Any other
like to issue testimony on Item 21, public hearing? Okay. Hearing none, I'll
entertain a motion to close the public hearing on Item 21.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Item 21. All
those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: I'll entertain a motion on the preliminary plat.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the preliminary plat for the Overland Mini-Storage
Subdivision by Overland Mini-Storage, LLC at 1230 E. Overland Road and for
the attorney to draw the Findings of Facts and Conclusions of Law and Decision
of Order with accordance with recommendations of the City and Planning.
Corrie: We just need to order (inaudible).
Bird: Yeah. Just an order.
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Bentley: Second.
Corrie: Motion made and second to - preliminary plat for the attorney to draw up
the proper order of approval.
Bird: Findings too.
Corrie: And do Findings?
Bird: Yeah, because it's a public hearing.
Gigray: We don't on finals. (inaudible)
Corrie: Oh. This is preliminary, right. And to do the Findings of Facts and
Conclusions of Law.
Bird: And Decision of Order.
Corrie: Further discussion? Hearing none, all those in favor - roll-call vote; Mr.
Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 22.
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT
2 OF PROPOSED OVERLAND MINI-STORAGE SUBDIVISION BY
OVERLAND MINI-STORAGE, LLC - 1230 OVERLAND ROAD:
Corrie: Item No. 22 is the public hearing: Request for conditional use permit for
commercial subdivision mini-storage on Lot 2 of the proposed Overland Mini-
Storage Subdivision by Overland Mini-Storage, LLC. I'll open the public hearing,
and Staff, comments?
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Stiles: Mr. Mayor and Council, I would ask that you incorporate testimony from
the previous two hearings and that all Staff and agency conditions be met.
Corrie: Okay. Mr. Unger, the same thing on Item 22 will be incorporated into the
public hearing. Okay. Anyone else to issue testimony on public hearing, Item
No. 22? Okay. Hearing none, I'll entertain a motion to close the public hearing.
Bird: So moved.
Bentley: So moved.
Corrie: Motion made and seconded to close the public hearing on Item 22. All
those in favor say aye.
MOTION CARRIED: ALL AYES
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we instruct the city attorney to prepare Findings of Facts and
Conclusions of Law for the conditional use permit, commercial subdivision, the
mini-storage on Lot 2 of proposed Overland Mini-Storage Subdivision by
Overland Mini-Storage, Inc., and to adopt the recommendations of the Planning
and Zoning with favorable recommendation.
Bird: Second.
Corrie: Okay. Motion's made to approve the request for conditional use permit,
have the attorney draw up the Findings of Facts and Conclusions of Law with a
recommendation to Planning and Zoning with favorable approval. Any further
discussion? Roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
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Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 23.
PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF PARCCEL "A" FROM RT TO SINGLE-FAMILY
RESIDENTIAL AND PARCLE "8" FROM SINGLE-FAMILY
RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE
COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND
EAST OF SOUTH LOCUST GROVE ROAD:
Corrie: Item 23 is a public hearing: Request for annexation and zoning of Parcel
"A" from R- T to single-family residential and Parcel "B" from single-family
residential to limited office by Woodbridge Community, LLC, south of East
Franklin Road, east of South Locust Grove. At this time, I'll open the public
hearing and invite Staff comments first.
Stiles: Mr. Mayor and Council, this is for the 80 acres previously known as the
Griffin Property located a quarter mile south of Franklin on Locust Grove. They
have submitted a conditional use permit. It was a little bit delayed at the
Planning and Zoning level. You will be hearing that next month. They're
requesting for this property an L-O zone. This would be the Medimont
Subdivision, Stonebridge Subdivision. They have requested annexation of this
piece so that they would be contiguous to the city. This was their only way of
being contiguous at this time. The property, these two 20s here are designated
as in the Meridian Comprehensive Plan currently as single-family residential. We
will be recommending a change to that designation in the future, but Staff
recommends approval of the annexation and zoning with this piece to an L-Q that
all uses be developed under the conditional use permit process through a
Development Agreement and also that the Development Agreement be entered
into for the property here. There are some issues. We are still working out with
the applicant. We will be meeting with them Thursday. They are relatively minor.
They are proposing a planned development with various lot sizes and house
sizes, and I guess that's alii have.
Corrie: Okay. Thank you, Shari. This is a public hearing on Item No. 23 for
annexation and zoning. Developer.
Pete O'Niell: Mr. Mayor and Coundl members, my name is Pete O'Niell, I'm
President of O'Niell Enterprises who is the managing member of Woodbridge
Communities, LLC. Introduce my colleagues; my son Derrick who is the
President of our building company and Vice President of Development; and Scott
Beecham, Development Assistant; and Gary Alan with Givens Pursley Lawfirm
who represents us in our activities. We're here tonight to hear the
recommendation of the Planning and Zoning Commission for annexation and
zoning of the two parcels that Shari just presented. We have some, and as I
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understand it, you have a copy of the recommendations in front of you. We have
a few minor wording issues we'd like to discuss on that, but I think before we get
into that, if - I'd like to take a few minutes to kind of give you a quick overview of
what it is we have in mind for the property as that probably is of more interest to
you than the technical zone. You'll hear in depth on the ih what it is we plan, but
if Scott would put up the site plan, what I want to do is introduce this project by, I
guess you might say we're in a rut. We've been at this for 20 years. We've done
several communities in Boise including River Run, Spring Meadow, the Springs,
Meadow Creek and Surprise Valley, Lane Ranch in Sun Valley and Spring
Mountain Ranch in McCall, and while each one is really quite different, and
Woodbridge will be different from any of those, they all share a lot of common
elements. What I'd like to do is just give you a quick overview of that so that
when the full package comes, you'll have some sense of what it is we're talking
about. All of these, just to orient you, this is the 80-acre parcel to the east of
Locust Grove Road. All of the communities we've done, including the proposal
for Woodbridge here, there are a number of things in common. One is they'll
include a variety of housing types, sizes and price ranges that appeal to different
lifestyles and different budget tastes. Secondly, they're made up of distinctly
human scale, neighborhoods that contain anywhere from 20 to 50 houses each,
typically. They all share, again, all of the projects including this share a hierarchy
of roads. They typically include some kind of spine road or collector that has no
driveway accesses as bordered by a combination walking and bicycling path,
heavily landscaped, and its only purpose is to serve the neighborhood streets
which have in common, the only purpose they serve is to serve the people who
live in the neighborhood. They're not thru-streets. They're small and serve only
the neighborhood. Typically we provide open spaces between the
neighborhoods that include pathways and landscaping. The pathway, if we
include the manmade amenities such as recreation center, which again we're
proposing here, some open spaces, walking paths which link all of the
neighborhoods and the open spaces to each other and to the recreation facility.
Where we have a chance, we try to enhance, in some cases create natural
amenities such as streams, creeks, ponds, wetlands as habitat for wildlife. In this
case, we do have the unique opportunity with Five Mile Creek bisecting the
property to take that irrigation ditch and try to enhance the area around it.
There's some wetlands that we similarly will preserve and actually enhance in the
process. The other commonality that we're including here would include pretty
extensive landscaping, the so-called Unear Park that comes along Woodbridge
Drive and the open space in between, and while this picture doesn't show it,
there's pretty extensive landscaping along Locust Grove, and a substantial
entryway. They all came - we pay attention to the architecture and architectural
control committee, and we typically have a selected builder team and a very
focused marketing effort, so this is a little - this is kind of our secret formula. It's
worked. We'd like to do it again and bring it to Meridian. Another common
element in all of these is we've gone through the PUD process, and our
experience has been in other communities, and I suspect it's not going to be a
whole lot different here, is that's a little more complex process. It creates some
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confusion on parts of a lot of folks, but we think if you read the ordinances that
support the PUD idea and specifically in Meridian, in order to encourage more
innovative design, more open space, more community amenities, and a greater
variety of housings, it is recognized that the PUD process has the authority to
override some of the standards regarding lot size and setbacks required in the
subdivision ordinance. That's kind of what we're all about. It is a trade-off thing.
We typically - the lots are a little smaller, the setbacks are a little less, but there's
a lot more open space and a lot more amenities (inaudible). We think the trade-
offs are worth it. We've got 100 residents in our communities that seem to agree
with that. What did I say? 2,000. So we think when the PUD concept is well-
planned and well-executed, it indeed does create some exceptional and lasting
value, not only for the people who live there, but the community at large. We're
happy to be here in Meridian. We're proud of what we've got to talk about at
Woodbridge, and we think we can do all of this in a way that it'll make the
community as well as ourselves proud of the effort. With that, that's a quick
overview. That's not what we're here really to discuss. I've got a handout we'll
provide to you as soon as we're done here that has - that you can take with you
and read at your leisure. Now, to get to the specific recommendation - they don't
have a copy? Did you provide that? That came forward from Planning and
Zoning, I think there's just some items of clarification that we'd like to propose. If
you'd turn just indifference to the hour and your busy agenda, we could get right
to -I think it's Page 3 of the recommendations which would be Point No. 10, and
you can see what it is we've underlined, what we've added and what we've lined
out we're proposing to delete. We're planned to develop Parcel "AI! in the
following manner, construction, development of a 283 single-family residential
planned development, period. The applicant currently has no plans to develop
Parcel "B." Essentially, what we're changing is we don't do subdivisions. We do
planned developments, and secondly, it suggests that Parcel "B" for some
reason is a single-family residence that that's what we're proposing. That's what
it is now. We're proposing on the L-O that it'll be something that's consistent with
that zone, and when we decide what to do, we'll present you with a CU to deal
with it. The other change is another change is Point 11, and I think there just
was some confused wording, so designates Parcel "A" as low-density residential
and Parcel "B" as mixed/planned use development. It's talking about your
Comprehensive Plan. There's a reference to subject property which was
confusing. Then, finally, there's only three comments. I guess there's two more.
On the last page, Page 5 of the recommendations, one - this deals with the
Parcel "B" 1.2, we're suggesting that be struck altogether on the basis of we don't
know what's going to be adjacent to Parcel "B" and to fix a 20-foot landscape
buffer because there's a single-family house next door to it. At this time, seems
to be inconsistent with the whole CU process. Our guess is in a few years from
now, that neighborhood is going to change, and it'll have different uses, and we'll
deal with the conditions of approval at that time. If there's a single-family
residence next door and a buffer's appropriate, fine. We can add it at that time.
But to saddle that property with an additional buffer doesn't seem to make sense
particularly in 1.1 says it will go through the conditional use process at the time
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which gives ample protection to protect this surrounding properties at that time.
Then the only final comment we'd have is in the old 1.4 which would become 1.3
on Page 5, says the Development Agreement for the development of Parcel "A",
the Development Agreement for Parcel "A" would be required as a condition of
annexation of both parcels. It just said a Development Agreement, and I don't
know how we could have a Development Agreement on Parcel "8" when we
don't know what it is we're going to do there, so the Development Agreement that
you'll see on the 7th, hopefully, would be a condition precedent or a - not a
condition precedent, but a condition for the annexation of the parcel, so if you
were to approve this tonight, it would be conditioned on approving a
Development Agreement at a later date, hopefully the 7th of December. If I
haven't totally confused you, those are the suggestions we would have to the
recommendation for approval for the annexation and zoning. I'd be happy to
answer any questions. I guess you'd have some public comment. Answer any
questions.
Corrie: Which is "A" and which is "B"?
Pete O'Niell: I always get this confused. "A" is the big one, and "B" is the little
one.
Corrie: Okay. Gotcha. Any other comments? Council?
Bird: I have none.
Corrie: Okay. Thank you, Pete. Anyone else would like to issue testimony on
Item No. 23 for annexation and zoning? All right. Hearing none, I'll entertain a
motion to close the public hearing on Item No. 23.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 23.
So we're just talking about "A", right? "A" and "B" or just "A"?
Pete Q'Niell: Just the annexation of -
Corrie: Of "A".
Pete O'Niell: -- "A" and "8" but (inaudible)
Corrie: Just wanted to make sure I got (inaudible). Okay. Everything's
(inaudible), Shari? Comment?
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Stiles: Mr. Mayor and Council, I just had a comment on a couple of Mr. Q'Niell's
comments. On Page 3, Item 10, his suggested changes would be appropriate.
On Item 11, the zone that is requested is limited office, so that should remain
limited office. On Page 4, Item 1.2, Mr. Q'Niell's correct; we can address that in
the conditional use permit. That could be stricken. The Development Agreement
will be required for both parcels. I mean, it could be separate Development
Agreements, but the Development Agreement will have to be entered into prior to
annexation of the property. That's alii had.
Gigray: Mr. Mayor, point of information while the public hearing's still open.
Corrie: It's not. It's not open.
Gigray: Sorry. I was writing a note. Excuse me.
Corrie: Okay. Do you need to re-open it?
Gigray: Well, I just had a question. If you're going to entertain a Development
Agreement with regards to conditions that we can impose, in Development
Agreements are with our ability to zone which is at the time of annexation, so that
would be the time that we do the Development Agreement. I don't know if there
are many terms in that Development Agreement. If you would choose to accept
the recommendations, I would probably prepare it in a manner for your
consideration at the next Council meeting if I'm so directed which would provide
provisions in the Development Agreement that the parties would agree that it
might be amended by those certain conditions that would precipitate from the
planned unit development hearings which would leave it a little bit flexible. Which
isn't something we've characteristically done, but that's what I'm hearing if that's
what you choose to do.
Corrie: Do we want to put it another way?
Gigray: Mr. Mayor, members of the Council, I'll try to make this even more
convoluted.
Corrie: I think I know what you said.
Gigray: Basically, we provide in those Development Agreements for conditions
regarding the use and then conditions regarding the development, and it seems
that the use may be fairly well gone over here this evening, but some of the
specific terms of the development seem to yet need further review. What I would
do is put a provision in the Development Agreement regarding development
conditions that would provide that the parties would agree that the agreement
would be amended pending the other hearing and terms for the granting of the
planned unit development. I think that's what I was hearing the applicant say
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here. It's just not a provision we've ever used before since I've been here, but I
think it's something we could do if you order it.
Corrie: (inaudible)
Gigray: You might want to find out what Staffs view is about that.
Corrie: Do you have any problems with that, Shari?
Stiles: Are you talking about my clarifications to what they're proposing for L-O
or based on their approval of a PUD for the 80 acres or both?
Gigray: And/or both. As whatever the Council directs. It seemed the only one
I'm aware of that the PUD would, at least at this point, would be the large parcel,
and they're proposal was a conditional use permit process with the smaller parcel
which I could provide for both depending on your direction. You may want to
open this back up just to see what the developer's position is on this and Staffs.
Corrie: We may have to.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move that we re-open the public hearing for Woodbridge Community,
Corrie: Okay. Do I have a motion. Do I hear a second? Okay. Motion dies for
lack of second.
MOTION DIES: LACK OF SECOND
Corrie: I'll entertain a motion on the request for annexation and zoning. The
attorney and I can't make a motion.
Bird: Do you know what you want to say?
Corrie: We can make it and see -
Bird: We'll try. Mr. Mayor.
Corrie: Mr. Bird.
Bird: Here we go. We might be here a half hour, but we'll figure something out.
I move that we have the attorney draw up Findings of Facts and Conclusions of
Law and Decision of Order in favor of request for annexation and zoning of
Parcel "A" from R- T to single-family residential and Parcel "B" from single-family
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residential to limited office by Woodbridge Community, LLC, south of east
Franklin Road and east of South Locust Grove Road with the recommendations
of Planning and Zoning with the changes discussed in the public hearing. I don't
think I'm done yet. Development Agreements be drawn on Parcel "A" and "8"
with changes that could be made at conditional use time.
Gigray: And PUD.
Bird: And PUD.
Bentley: You done?
Bird: I think I am.
Bentley: Second.
Corrie: Is that the correct? "A" and "B" - we're not supposed to be doing this,
but I want to make sure we got the right motion. The big one is "A" and the little
one is "B",
Gigray: I can follow that.
(inaudible)
Bird: That's what the development - that's what we made the motion on. The
Development Agreements can be changed at different times on either parcel, but
you're going to get a Development Agreement on both parcels now. One on "A"
and one on "B".
Corrie: Can be changed during the process.
Gigray: Point of information for the Mayor and Council. I can follow that motion.
Of course, as you've well demonstrated here this evening, you don't take final
action until you approve those Findings and those agreements, so you'll have a
good look at this before you finally decide it at the next meeting.
Corrie: Motion made by Mr. Bird, seconded by Mr. Bentley to approve the
request for annexation and zoning and according to the motion as stated. I'm
going to cop out on - (inaudible). Okay. Any further discussion? Okay. Roll-call
vote; Mr. Bird.
Bird: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
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Corrie: Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 24. PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 150.79 ACRES OF LAND FOR R-4 ZONING BY
BEAR CREEK, LLC - EAST OF STODDARD ROAD & SOUTH OF
OVERLAND:
ITEM 25. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE-
FAMILY DWELLING LOTS BY BEAR CREEK, LLC - EAST OF
STODDARD ROAD & SOUTH OF OVERLAND:
ITEM 26. PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND
CONSIDERING THE PLANNING AND ZONING COMMISSION'S
CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL
TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION
ORDINANCES AND WHICH WILL PROVIDE FOR THE
ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE
ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT
OF $25.00 AND RECODIFICATION OF NEW CODE BOOK FOR
THE CITY OF MERIDIAN:
ITEM 27. ORDINANCE NO. REVISING, CODIFYING AND
COMPILING THE GENERAL ORDINANCES OF THE CITY OF
MERIDIAN:
ITEM 28. CONSIDERATION TO SET PUBLIC HEARING FOR PERMIT
FEES:
ITEM 29. ORDINANCE NO. ADDITIONS FOR APPOINTMENT
OF PLANNING AND ZONING ADMINISTRATOR:
ITEM 30. ORDINANCE NO.
SANITARY SERVICE SYSTEM:
ITEM 31. ORDINANCE NO. TO PROVIDE FOR THE
EXTENSION AND CONNECTION OF SEWER SERVICE
OUTSIDE THE CITY LIMITS:
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Corrie: We'll get all that information to you, Pete, so that you can kind of work
that out (inaudible). Okay. Item - well, Item 24 - how many people here for Item
24? Three, four, five?
Bentley: Becky's here.
Corrie: Okay. Whatever the Council wants to do. We can have to do Item 24,
25 and 26 on public hearings, and then Items 33, 34, 35, 36, and then for the
meeting on December the ih because it's % after ten now. We'll be here until
2:00 in the morning, we'll never make any good decision, I don't think. So,
Council's pleasure. We can view Item 27, 28, 29, 30 and 31 and Item 37 pretty
quick. Any other Items we can delay until December the 7th, That'd be Item 24,
25, 26, 32, 33, 34, 35, 36 until December the 7th, We're going to do the
Ordinances, No. 27, 28, 29, 30, 31 and then 37.
Berg: Mr. Mayor.
Corrie: Yes.
Berg: Since Mr. Gigray isn't here, just a point of clarification, Item 26 is really
attached with all the ordinances down below because these ordinances have the
new title numbers and chapters, and the sequence, according to Mr. Gigray was
to have the hearing for Item 26 and then pass the additional ordinances to be
recodified with them. Mr. Gigray's here, he can probably elaborate --
*** End of Side 3 ***
Bird: -- delay this until (inaudible)
Corrie: Item 26, public hearing so we also have to Item 27, that ordinance, Bill?
Gigray: Yes.
Corrie: Have all of them?
Bird: Have to delay them all.
Gigray: 26 and 31 .
Corrie: Okay. Then we just take up Item 32 and 37 and the Department
Reports?
Bird: Which ones are we going to do now, Mayor?
Corrie: Pardon?
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Bird: Which ones are we going to do now?
Corrie: We're going to do Item - well, with your approval, Item 32 then Item 37.
Then table the others until the ih of December. Yeah. Item 32 and 37?
(inaudible discussion amongst Council members)
Bird: Is there any - Mr. Mayor.
Corrie: Mr. Bird.
Bird: Is there any of these that can be affected if we - I mean, I'm sure they all
can be affected if we don't act upon them tonight, but we just - I don't know.
We're shoving a lot of ones onto next week, and we've already tabled a couple.
Corrie: We can have another meeting the - no, we can't. We can do it the 23rd.
Bentley: I won't be here.
Bird: Has the Staff got any - is there anything if we tabled those, going to be
affected?
Smith: Mr. Mayor, Council members, I think the Item No. 32, those folks are here
this evening on that fence variance appeal.
Bird: Yes.
Smith: I know that they're very anxious to move fOlWard with their fence and
present their case to you.
Corrie: (inaudible) Item No. 37 (inaudible). Request for beer and wine license by
Eagle Partners, LLC, is that a big one?
: No, sir. It is not.
Corrie: I didn't think so.
Berg: Mr. Mayor.
Corrie: Mr. Berg.
Berg: members of the Council, they are hoping to open up November 22nd, and
they rushed to get me the state and the county license for that application.
Corrie: Okay. We can do Item 37, then.
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Berg: Okay.
Bird: What about 33? Is that a long Item? It's not a public hearing.
Berg: (inaudible) recommendation from the P & Z.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Well, we just table the rest of the public hearings and the related
ordinances, and then start with Item 32 and work this as far as we can until
11 :OO?
Corrie: Okay. That's whatever you want to do.
Bird: I second that.
Gigray: Mr. Mayor, could I - point of information. I just want to clarify with the
Public Works Director that if we continue this ordinances, is that going to be a
problem with the Vienna Woods plat because the amendment of the ordinance
with regards to double hook-up fees is one of the follow-ups.
Smith: Mr. Mayor, Council members, Mr. Gigray, I don't think it'll be a problem
with that plat because those fees would not be assessed until building permits
came in, and they're a ways from that and should be okay.
Corrie: Okay. The motion for the Chair to have Items 24, 25, 26, 27, 28, 29, 30
and 31 to be placed on the agenda first in October the - excuse me, December
the ih meeting. Any further discussion on that request? Okay. Hearing none,
all those in favor of that motion say aye.
MOTION CARRIED: ALL AYES
Corrie: You have a little extra time. I appreciate you folks staying. We want to
make a good decision. I'll entertain a motion now to table Items 24 - we already
- we just did. Continued it.
Bird: Continued it.
ITEM 32.
APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY
CHARLOTTE NOLAN AND ROBERT SMITH:
Corrie: Okay. Item No. 32 is appeal of a Fence Variance Committee decision by
Charlotte Nolan and Robert Smith. Staff, comments on this, Gary?
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Smith: Thank you, Mr. Mayor, Council members. Shari has put up on the screen
a planned view of the proposal. This residence is located at 2466 West Carlton
in the Haven Cove Subdivision, and it is a corner lot as all of the lots are that the
Fence Variance Committee deals with for exceptions to the setback on six-foot
tall fences. The proposal from this property owner is to locate a fence out next to
the sidewalk on North Mora (sic) Avenue, I believe it is. I think, yeah, the fence
was to be located within two feet of the edge of sidewalk, their yard-side edge of
sidewalk. That's denoted by that dash line that parallels the sidewalk line. The
Fence Variance Committee met and rendered a decision on this on November
the 3rd in the presence of the applicant. The Fence Variance Committee has
been very consistent in their decisions to allow construction of a six-foot tall solid
fence within the side street setback area on corner lots. We feel, as a
Committee, that, number one, the corner lot owner should be afforded some
additional space for their backyards because, typically, the size of the corner lots
are not significantly larger than the size of the interior lots, and therefor, using a
20-foot setback from the front of the house and also from the side of the house,
or for the side of the house severely limits the amount of backyard that the corner
lots have and the amount of private backyard that they have. So from that
standpoint, the Fence Variance Committee feels that most generally these
requests are appropriate to the extent that we have been allowing as the
committee, a ten-foot variance. That is ten foot from the back of sidewalk. Most
all subdivisions, the property lines for these lots are not the back of sidewalk, but
they are a foot-and-a-half from the back of sidewalks, so the variance, in effect, is
allowing them 8 % feet from the property line or an 11 % foot variance from the
20-foot setback from the property line. Even though the property owner is
required to take care of ground up to the back of sidewalk, technically that's an 8
% foot setback. We've done this for two reasons. One is that we felt that a
security issue is at hand for the people that are using the sidewalks and not
having to walk right up against a six-foot tall fence. Now, when I say up against,
it's not tied against the back sidewalk, but it is quite close at the requested
location. A six-foot fence at that location is quite imposing to pedestrians on
sidewalks. Secondly, it does not present itself well as far as vehicular vision is
concerned. Secondarily, we feel that construction of a fence along side the back
of sidewalk will create a tunnel effect for the streetscape in the subdivision.
Although this is an isolated case as regards the property owners to the north of it
and to the east of it, there wouldn't - if this was allowed to be constructed at the
back or near the back of sidewalk. there wouldn't be anything that would prevent
other property owners making the same request. We don't feel that from an
aesthetic standpoint it's appropriate. I know the property owner has some
special concerns here with the improvements they want to make in their
backyard and the privacy that they desire, but that is the feeling of the Fence
Committee, and we've been holding pretty tight to that ten-foot minimum
encroachment. I guess that's pretty much the basis for our decisions. I know the
property owner's here this evening, and I'm sure that they would like to address
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Council, too, and Mayor. Thank you. If you have any questions, I'd be glad to
answer them.
Corrie: Mr. Rountree.
Rountree: Gary, are there any design review committees in this area that would
be involved or subdivision property owners association that would be involved in
this? That's come into play many times in the past.
Smith: Yes. Typically, the Homeowners Association has what they call an
Architectural Review Committee that theoretically can react to a violation or a
proposal to do something other than what's allowed by the covenants. As a city,
we don't have any jurisdiction in those CC & R's, but the Homeowners
Association does. We suggest, as a Fence Committee, that a homeowner
making this application also approach the Homeowners Association and get their
approval. I don't know. I can't recall if that was done in this particular case or
not. We did, on this particular subdivision, and there is a situation at the
entrance of the subdivision off of Pine Street where the subdivision boundary
fence, we allowed that boundary fence to return from the subdivision boundary
into the subdivision probably two feet off the sidewalk. That was a situation
where the boundary fence was coming to an end and entering the subdivision.
Of course, these folks picked up on that, and that's part of the reasoning for their
request. We've had that happen in other subdivisions also on the entrance roads
from a collector or a main road into the subdivision.
Rountree: Thanks, Gary.
Corrie: The applicant.
Nolan: Hi. My name's Charlotte Nolan. I did come here tonight because when I
went to the Fence Committee, they said that they have basically developed an
arbitrary ten-foot line. and when I made my request for this, I didn't know that
there was this unwritten arbitrary ten-foot that they would do. So, as you can
see, my pool, where I want to put the pool in, which is partly why we bought the
corner lot, was that there's enough room to put that considering where they put
our slab for our back patio because we have a very large pool. So to put it at ten
foot would only put it only two feet from having a pool, and, I don't know. Myself
having had a pool, if you put the fence too close, then everybody who walks by
gets some big kick about throwing stuff in the pool. So, I went through the
neighborhood before I set up this fence variance request to see what the City
themselves had done, you know, as far as it went. I figured probably the two
major things that would be considered would be safety in where you put your
fence and whether or not your neighbors, you know, had - I did check with my
next-door neighbor who is also President of our community group there, and he
said as long as I got an okay from ya'all and the neighbors didn't care, then it
was no problem with our neighborhood setups. When I went to put the fence in, I
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November 16. 1999
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really wanted it probably about 20 feet closer because I wanted it to close in the
room - the window that goes to our bathroom because we've had people, you
know, come up off the street and knock on it and all kinds of stuff like that;
however, and having one, you know, I took pictures. Unfortunately, I don't have
all these things to show you all so easily like at night. But I did go take pictures
of where it came into the neighborhood and stopped and the vision that they
allowed there where people come in and out all the time is greatly decreased
compared to what I put in, because what I did was walk to the back of my house
and gave as much vision as I could figuring I was taking in the safety feature for
being on the corner and put the end of my fence to where the house actually
started occluding your vision going around the corner versus my fence doing
that. So, it moved my fence back as far as that went, and then I went out and
decided it had to be safety because we have a lot of bicycles and rollerbladers
and so I put two bicycles side-by-side on there, and putting two feet off, you
know, was plenty of room for two bicycles to go along the edge of the concrete
and pass each other. So I figured as far as the fence went, that was safe, too.
Then, the next thing was, cars for vision, and myself for the pool, because that
would give me 12 feet, so it's kind of hard to chuck things 12 feet versus just two
feet over a fence into a pool. Then the next thing that I looked at from they came
in, the inside of the vision, of our subdivision, was that their fence is like really
long, so you have to come way into the subdivision way before you can see
around the corner right there because that first fence is so long that it blocks your
vision whereas you can get around my corner without it doing that, so I felt that it
was a safer situation than what they approved at the entrance for the length of it.
They had a concern about it being an alleyway because of it not being ten foot on
either side. The people on the other side of me, you know, their house faces my
house. There's no way for them to put a six-foot fence up and my six-foot fence
up. So I understand the concern about the alleyway, but in my situation, there's
not going - it can't be an alleyway because they can't possibly put a six-foot
fence up over there. Then the next thing I went to was the neighbors, and out of
seven or eight neighbors that are in direct view or direct situation of that, I went
and asked them if they minded I put a six-foot fence up there when my neighbor
behind me is set back from me, and not one - I got five out of seven that I could
talk to. One of them's a rent house. I didn't talk to them. But none of them
cared, so I figured, okay, I've got the approval of the neighbors, I've got the setup
like they have on the entrance way that they considered safe. Difference on the
entrance way, though, is that they said about the six-foot fence being tall and
kind of being a problem, but directly across from the back of my fence is a
streetlight that shines on the back of it. Directly right in front of my house is a
streetlight that shines on the front of it. Now, on the entryway where the kids
come in and out every single morning, because I leave every morning around
6:30 when they're going out to catch the bus, the closest light to that whole thing
is around the corner and down two houses. That entire entryway is dark. The
entire thing is black. There's no way to even see people as you're coming in and
out unless you have lights on on your car. So, I came to ask for the twenty feet
that I have which is two feet off of the thing because everything that the Fence
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Committee told me was a consideration other than the arbitrary ten feet that
they've decided upon, I feel that I fall within it. I feel that I've given consideration
to every single thing that they've asked for. If it did form an alleyway, then I
would understand what they're talking about, but this situation, it won't form an
alleyway because people across the street can't put a fence across the front for
the length in that, so that's why I came to ask instead - they told me that they
could not go over ten feet because that's their agreement, and if I had to ask for
twenty feet, then I had to come ask ya'all. So that's what I'm asking for.
Corrie: Is the pool in?
Nolan: No, it isn't. It's excavated for it. I've had it dug out and leveled.
Corrie: Okay. Any other questions?
Bentley: Is it an in-ground or above-ground?
Nolan: It's an above-ground. But I actually have it down about 18 inches.
Corrie: Mr. Rountree.
Rountree: I guess I didn't hear. I'm assuming that you're requesting a solid,
privacy fence as opposed to -
Nolan: Chain link.
Rountree: -- chain link or -
Nolan: No. I didn't ask for chain link.
Rountree: -- wrought iron.
Nolan: No. Well, nobody in our neighborhood has had chain link. I looked over
our whole neighborhood.
Rountree: I'm just asking, not suggesting.
Nolan: Any other questions? No?
Corrie: Any other questions? Okay. Thank you.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
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Anderson: I guess I'll start this off, because I live on a corner lot just like this,
and about three years ago I dealt with the exact same dilemma building my fence
and came to the conclusion after talking with the neighbors back behind me as
she would have neighbors there, that just kind of obtrusive to them to have a
fence running clear out to the sidewalk, and it doesn't give real good aesthetic
appearance to the front of their house. We don't always know that these same
neighbors are going to live in these houses or she won't get tired of the
swimming pool and fill that in and back a camper in there because of all your CC
& R's state that the camper or RVs have got to be behind a fence. I guess I
would not be in favor of granting the variance clear up to two foot behind the
sidewalk. I would stick more with our Fence Committee's version of the ten foot.
Something that I would lean more favorable to and go that direction.
Corrie: Any other comments? Mr. Rountree.
Rountree: I guess the question we have is, one, do we even allow a variance?
Is there sufficient hardship and that sort of thing present? That's the question
before us. To address the question, the City's established the Fence Committee.
The Fence Committee goes back a number of years and having been on the
charter membership of that group some years ago, can understand the difficulty
of dealing with the individual cases. I understand through a process of several
mistakes how they ultimately arrive with the approximately 10, 8 % feet off the
back sidewalk as a reasonable compromise to accommodate both desires of the
property owner to utilize their property the best they can and also to minimize the
safety issues as it relates to the rest of the populous that are going to (inaudible)
the streets and sidewalks as well as the aesthetic aspect. I could go either way
on this except the Fence Committee's recommendation will disallow a variance
altogether, but I cannot accept the idea of the fence that close to the backside as
being requested.
Corrie: Thank you. Any other comments? Okay. Hearing none, I'll entertain a
motion on the request for appeal of the Fence Variance Committee's decision.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I would move that we deny the appeal and affirm the recommendation
of the Fence Variance Committee.
Anderson: Second that.
Corrie: Okay. Motion is made to deny the appeal and approve the Fence
Committee's decision of denial. Any further discussion? Mr. Bentley.
Bentley: Should we instruct the attorney to prepare the order?
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Rountree: I would add that to my motion to have the attorney prepare an order.
Bentley: Thank you.
Corrie: All right. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 33.
REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL
FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E.
STATE AVENUE, OLD TOWN:
Corrie: Request, Item 33, request for conditional use permit for retail fiber arts
supply store by Jennifer Oak, 55 E. State Avenue, Old Town. Is Jennifer here
tonight? Is there a reason why? Table it then?
Berg: It's not a public hearing, but I don't know why she isn't -
Corrie: We need to - we can, I guess we can - she's not here to the request.
Bird: Then we need to table it. I haven't got anything.
(inaudible discussion amongst Council members)
Corrie: Okay. We have a recommendation for conditional use permit from the
Planning and Zoning.
Rountree: Let's just table it. What's the next one?
Corrie: That was denial of the recommendation. Planning and Zoning does
hereby recommend that (inaudible) grant a conditional use permit. So we can
either table it or follow the Planning and Zoning's recommendation.
Rountree: Considering I haven't read them. Mr. Mayor, I move we table Items
33 and 34 until our next meeting.
Corrie: Motion on the floor to table Item 33 and 34. Do I hear a second?
Rountree: Mr. Mayor.
Corrie: Is someone here for 34? Oh. Okay. Then Item 33 for table. Any
second on that one? Okay. It does reflect a second, Mr. Rountree.
Rountree: Mr. Mayor, I'd ask a question of Shari if there's any issues on the
prepared Findings of Facts, the draft that we have, on Item 33.
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Stiles: Mr. Mayor and Council, Councilman Rountree. There was a change
made that was on Page 7, Item 1.3. She did propose signage, and it was
recommended for approval by the Planning and Zoning Commission. This is for
the property, it's across the street from the Texaco now and behind an office
building on East 1 st Street. They're proposing that it be a - retain the use as a
residence and that a portion of their house be approved for retail use. The
Planning and Zoning Commission did recommend that instead of the parking
spaces that were required by ordinance that that be reduced to three spaces.
Corrie: Has this applicant seen this request and what they're asking the changes
and all?
Stiles: I believe the Findings did come up back before Planning and Zoning
Commission, and she was present there and did review these Findings.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have a question. Shari, do they know that they're supposed to
come to these meetings? Is it - are they told that, I mean, by somebody?
People that do this kind of stuff don't come before the City Council on a regular
basis and don't understand the process. They need a little bit of guidance as far
as what the steps are, and I'm sure they probably would have been here had
they been told that.
Corrie: Mr. Berg.
Berg: Mr. Mayor, members of the Council, they were told that they were on the
agenda. They were also told that this wasn't a public hearing, that testimony
would not be accepted, and so I guess they probably chose not to come. That's
the confusion with some of these that only require one public hearing and then
pass recommendation onto the City Council. I don't know what kind of lines of
questions or comments she could have that would affect the Findings at the
P & Z has produced. So that might be a question for the attorney.
Anderson: I just think it's something that we need to clarify amongst ourselves.
If we're talking about tabling something because somebody's not here, and yet,
they're being told that you really don't need to go there because we're not going
to take any public testimony, we need to get our act together is what I'm saying.
Council and Staff level, so that people have clear instructions on what is
expected of them when they come here or not expected if they don't come.
Berg: Yes. I agree with you, and my response is we don't discourage them from
coming. We try to tell them what they can anticipate being at these meetings.
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So we do encourage them to be here, but like I said, we told them that it was not
a public hearing, there wasn't going to be public testimony.
Gigray: Mr. Mayor.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, I think this also points out what I
think is an ambiguity and a difficulty where you have some conditional use
permits that require public hearing at City Council and others that don't. You
know, I almost think that it'd be better to have none that come here and that can
be granted by the Planning and Zoning Commission subject to appeal, or make
them all subject to public hearing process, and obviously before you do that,
you'll want to get Staff comments about \NtIat they vvould recommend, but I find it
difficult from doing Findings to -I think you just have to go from the record that's
produced, and then if you're uncomfortable with that record, and you've done that
in the past, and you can elect. and I think you have that right to schedule a public
hearing and then ask that notice be given, and then conduct one.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I would move that we approve the conditional use permit with the
application subject to Item 33 and that we accept the recommendation and
Findings of Facts and Conclusions of Law prepared by Planning and Zoning.
Bird: Second.
Corrie: Okay. Motion's been made to approve the Findings of Facts and
Conclusions of Law on the conditional use permit subject to the conditions stated
by Planning and Zoning Commission. Any further discussion?
Gigray: And we'll make the correction.
Corrie: Make the corrections - ours have -
Gigray: We prepare an order.
Corrie: Okay. And the attorney to prepare an order. Any further discussion?
Okay. All those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTAINED (GLENN BENTLEY)
ITEM 34.
REQUEST FOR: CONDITIONAL USE PERMIET FOR A 3-
BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON
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VACANT 5.5 ACRE SITE IN A C-G ZONE BY NORCO - NORTH
OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE
ROAD:
Corrie: Item 34, request for conditional use permit for a 3-building retail complex
for approximately 50,000 square feet on vacant 5.5 acre site in a C-G zone by
Norco, north of Fairview between Eagle Road and Locust Grove Road. Shari,
Staff? Looks like we've got the same - oh. We've got somebody here.
Stiles: Mr. Mayor and Council, this is for the property that's on Fairview Avenue
south of Dove Meadows Subdivision. They've submitted a conditional use permit
for a planned development as they had three separate buildings shown, and we
would recommend approval with all Staff and agency conditions. There needs to
be a change according to what the Planning and Zoning Commission - well, I
guess it doesn't need to be changed. It was changed later, but on Page 5 of the
Findings of Facts and Conclusions of Law, Item 5.1.16, Staff comments were that
a single pylon sign and a single monument sign for the center were indicated,
and only those signs are approved along the Fairview Avenue frontage as a
condition of approval. In the Conclusions, the Planning and Zoning Commission
changed that recommendation on Page 16 under Item 1.42 that they can - shall
construct sign not to exceed 72 square feet. That should be a monument sign
not to exceed 72 square feet.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Shari, it should be a monument? Is that what the Commission said?
Stiles: Yes.
Bird: That's - I mean, because it's not in my Findings. It's in - written in and
then shoved up there. It's not typed in mine.
Rountree: It's not in mine, either.
Bird: I'm telling you that, I'm not going to - that isn't acceptable. That's why I
hate passing these things when you got writings and crosses and everything else
on it. Mine reads here, the applicant shall construct a sign not to exceed 72
square feet, and then somebody's wrote monument and shoved it up in with an
arrow between "a" and "sign." I don't know whether that was done-
Corrie: Mine (inaudible) done that way, so -
Rountree: Same thing with this all crossed off.
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Bird: Does the applicant know this is all sign and then to get-
Berg: This is the record right here. What you have is the record.
Bentley: That's Will's writing, the monument.
Berg: That's my writing. That's what we've been (inaudible).
Bentley: My question is does the applicant know that it -
Corrie: Do you know that it's a monument sign?
Applicant: Yes.
Corrie: You know it's a monument sign. Okay. I think (inaudible)
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Will.
Berg: Yes.
Bird: When is this - I mean, they come back the second time, is that when they
change it and we didn't retype it or when was the monument added in? Was that
left out of the minutes or something? I want notes for my answer.
Berg: Mr. Mayor, members of the Council, Councilman Bird, on the November
9th Planning and Zoning Commission, they met and read through these Findings
and inserted that as approval of the Findings. That's my record. I would
presume that the attorney's office would have corrected that and gotten me a
copy, but they had not, so I kept this as my record as what the P & Z approved.
That's what I do on records when things -
Bird: The official record shouldn't have crosses through it and monument-
Berg: Well, that might be true, but official records should have exactly what
they've done.
Bird: I realize that. But, you know, I just - anybody could walk in and get hold of
a copy of this and start x'ing it out.
Corrie: Well, I understand your point, but in this case, it didn't happen, but you're
absolutely right. The applicant does have (inaudible) monument sign.
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Bird: Agreed to it. Would that - Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the Findings of Facts - have the attorney prepare
the Findings of Facts and Conclusions of Law and Decision of Order in favor with
the Planning and Zoning recommendations with the marks and the X's for the
conditional use permit for a three-building retail complex of approximately 50,000
square foot on vacant 5.5 acre site in a C-G zone by Norco, north of Fajrview
between Eagle Road and Locust Grove Road.
Corrie: Okay. Do I hear a second?
Anderson: Second.
Corrie: Motion made to approve the conditional use permit on Item 34, have the
attorney draw up the Findings of Facts and Conclusions of Law with the addition
of the monument sign not to exceed 72 feet. Any discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 35.
REQUEST FOR FINAL PLAT OF PACKARD ACRES
SUBDIVISION #1 BY PACKARD ESTATES DEVELOPMENT,
LLC - % MILE WEST AND % MILE NORTH OF FAIRVIEW AND
EAGLE ROADS:
ITEM 36.
REQUEST FOR FINAL PLAT OF PACKARD SUBDIVISION #3 BY
WIRT EDMONDS & CRAIG GROVES - WEST AND NORTH OF
FAIRIVEW AND EAGLE ROADS:
Corrie: Item No. 35, request for final plat of Packard Acres Subdivision No. 1 by
Packard Estates Development, LLC, % mile west and % mile north of Fairview
and Eagle Road. Has the applicant seen these? These came to my office just
today. Have you seen this?
Tealey: Yes.
Corrie: Oh. You have, okay.
Tealey: We got it today, also.
Corrie: Oh. Did you get it today, too? Do you have any problems with it?
Bird: Did you get him on the record saying that?
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Corrie: Okay. I'll let you get on the record saying -
Tealey: Mr. Mayor, members of the Council, my name is Pat Tealey. Office
address 915 West Jefferson, Boise, representing Packard Estates Development,
LLC, on this application. The members of the Packard Estates Development are
also here if you have any questions for them. We got a copy of this today and
read through it and actually made all but one of the corrections. They're fairly
minor, but we've already made all the corrections on this for our final plat today.
There was one question on Item No. 14 concerning the - it concerns the 40-foot
easement for the Stokesberry (sic) Lateral. In the application, just wanted a little
bit - the applicant wanted a little bit of clarification as to whether or not that really
needs to be a common open area, lot, and it couldn't be included in the lot
somehow because there'll just be a 40-foot strip in there enclosed by two fences
that nobody ever keeps up, and the Stokesberry Lateral in that area will be piped,
so (inaudible) ground, it could be landscaped. He just wanted some clarification
on that.
Bird: I guess -
Tealey: From Staff.
Corrie: Shari, Staff comments?
Stiles: Let me make sure I'm understanding. You're wanting to include that
entire 40-foot as part of that lot?
Tealey: Well, we'd like to include the 40 feet in the - in those five lots there just
so that we don't have a strip of land laying vacant between two fences. The
easement would still be there.
Stiles: No. I don't believe the irrigation district would allow that to be included as
part of lots, and as part of the annexation and zoning, that was required to be a
pathway and also was an access for Nampa Meridian to get through that. It
currently goes all the way to Locust Grove now from Eagle, and it's a nice - it will
be a nice pathway between subdivisions there.
Tealey: Maybe Mr. Groves, the developer -- Do you want to say anything,
Craig? Sorry.
Corrie: That's okay.
Tealey: The last comment.
Stiles: What? Goes clear to Locust Grove.
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November 16, 1999
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Groves: As I've been out and looked at that, Shari, I'm not sure it goes all the
way through to Eagle Road.
Corrie: I need your name.
Groves. I'm sorry. For the record, it's Craig Groves.
Corrie: How do you spell your last name, just for -
Groves: G-R-O-V-E-S.
Corrie: Thank you.
Stiles: It may end at Chateau, but it is currently being used by people in the
neighborhood for walking. It will be a good pathway to get to the new
elementary school site. I think as we're preparing the Development Agreement,
it hasn't been prepared for this property yet, we'll probably see that as a condition
of the annexation that that was to remain as a common lot.
Bird: Mr. Mayor, where's the annexation at?
Stiles: It was done a long time ago. Years ago.
Bird: Years ago. Okay.
Stiles: And the Development Agreement was never entered into, so it's going to
take some research on our part to be able to prepare a Development Agreement.
Bird: We can't-
Corrie: Then we need to table this one, then; correct? Until we get the
Development Agreement - final plat. Gary, do you see a problem here?
Groves: If I may, Mr. Mayor, it was just a question. It'll remain in - we'll keep it
as a common lot and use it any way the Staff wants it. It was just a question of
whether or not maybe we could get rid of an eyesore there. If we can't, no
problem at all.
Corrie: Good. So we still have an agreement -- Development Agreement yet,
though, right?
Stiles: We do need a Development Agreement.
Corrie: Before you can have the final plat approved.
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November 16, 1999
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Stiles: Well, the way we do it now, it would be prior to being annexed, but
Bruce's comment was to have it recorded prior to signature on the final plat. I
wouldn't particularly have a problem with that, but I would want to add one
comment to these comments by Bruce on November 15th. The first phase of
Packard Estates has some mailboxes, huge structures in the middle of the
sidewalks that only allows maybe two feet, two % feet, and they do need to
provide five-foot pedestrian walkways, so if they're proposing those same kind of
mailbox structures, they're going to need to add - to flare out those sidewalks so
that there's minimum five-foot walking, and that was just a suggestion from
looking at the first phase of that.
Rountree: You don't like MDCBU's, huh?
Stiles: What's that?
Bird: Ugly garbage boxes?
Corrie: Okay. It's a site-joke. I wouldn't get into it. Was that put in here?
Stiles: Pardon?
Corrie: Is that put in here anywhere?
Stiles: That was something that was put in the comments, but that was
something I would like to add - that they do need to provide the five-foot
pedestrian walkways exclusive of mailboxes or mailbox structures.
Corrie: I guess my pOint is if it's not in here, how can they be held to it?
Stiles: Because they're requesting final plat approval right now.
Corrie: It could be a condition of the plat, then, right?
Stiles: Yeah.
Corrie: All right. I'm learning. Mr. Groves.
Groves: Yeah. Mayor, Council, we've got no problem with that request. You
can add it, but I would like to, at this time, I'd like to address this 40-foot strip of
land that would be common lot there. If Staff is open to this, if we could allow the
Nampa Meridian Irrigation District, ourselves and Staff to negotiate the use of
that 40-foot in our final Development Agreement, I'd like to be open to that.
Stiles: We'd have to look at the record and see what it said. I think we've always
intended that to be an open -
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Groves: Yeah. We're not going out there - I wish I had some pictures, but we're
not going out there, Shari, that 40-feet strip of land just ends right at Carole (sic)
Subdivision. It doesn't go anywhere. It's going to, you know, be a weed patch.
Stiles: It won't be a weed patch because you will maintain it.
Corrie: You and Nampa Meridian.
Groves: Yeah.
Corrie: That means you'll probably have to do it.
Stiles: It will be -
Groves: Okay. So, my point is, if we can work out an arrangement with Nampa
Meridian Irrigation so they have access to their irrigation facilities because
everything will be underground in there, and they agree to it, and it's acceptable
to the preliminary plat approval back in '96 -
Stiles: Again, we'd have to look at the record. I know the Sharps did have some
concern about having access to their headgate that was part of that, and I think if
we're talking about changes to the original annexation conditions, we'd have to
open it back up for a public hearing -
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move we approve the request for final plat of Packard Acres
Subdivision No. 1 by Packard Estates Development subject to staff comments
with additions of five-foot wide sidewalk around mailbox structure and staff and
developer to work with Nampa Meridian Irrigation for use of Stokesberry Ground
Lateral.
Bird: Second.
Corrie: Motion made and seconded to approve the final plat of Packard Acres
Subdivision No.1 by Packard Estates Development subject to staff comments
with additions of five-foot wide sidewalk around mailbox structure, and staff and
developer to work with Nampa Meridian Irrigation for use of Stokesberry Ground
Lateral. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES
*** End of Side 4 ***
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Corrie: Could that work? What he requested? Or do you want to -
Rountree: Is this a result of the discussion that went on with the school district
and Staff about realigning the road and approach and getting access over there?
Groves: Yes. That's what it was. It wasn't any intention on our part to get
another lot or anything.
Corrie: (inaudible)
Bird: (inaudible)
Corrie: Mr. Smith.
Smith: Mr. Mayor, Council members, it appears as though. as Mr. Groves points
out, these lots are bordering Carole Subdivision have a wider width th~n what
was originally proposed in the preliminary plat. I don't have the preliminary in
front of me, but it looks like, I think as I recall, the Carole Subdivision folks had
requested those larger lots as part of their testimony on the preliminary plat. As
long as we're meeting with the intent of the preliminary plat, with the same
number of lots and the size of the lots particularly against Carole Subdivision, it'd
probably be all right.
Groves: The lots against Carole Subdivision now actually four feet wider than
shown on the preliminary plat which they have in front of them. Gary's not
counting -
Bird: (inaudible) shoes off yet.
Smith: It's the same number of lots that the preliminary plat shows that Mr.
Tealey just gave me a copy of the Number 3 final plat revision.
Corrie: It's still (inaudible).
Smith: They are having a precon tomorrow, as Pat mentioned, on sewer and
water through this project to serve the elementary school site.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: Gary, so does that plat that you now have is correct; is that what you're
saying?
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Smith: Well, yes, sir. As far as the number of lots are concerned along the north
side of that Bernice (sic) Drive which is the area in question, it's correct, yes.
Bentley: And the date on that is - is there a date stamp on there?
Smith: Yes. Mr. Tealey has signed his land surveyor stamp as November 15,
1999.
Bentley: Thank you.
Corrie: Does that help you?
Bird: That's all you need.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move we approve the final plat for Packard Sub No. 3 subject to
Staff comments and the corrected plat dated 11/15/99.
Bird: Second.
Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to approve the
request for final plat with Staff conditions. Any further comments? Discussion?
All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Item 37, request for beer -
Gigray: Mr. Mayor, point of information because I have to draft the order on this.
Staff comments that you have, the only ones I have are dated November 12,
1999. Is there some subsequent to this?
Rountree: We had some here this evening.
Bird: Yeah. On the tape.
Rountree: On the tape. Gary's comments, Shari's comments. That we have no
more lots, that the lots are bigger on Carole -
Corrie: And the surveyor's stamp was-
Rountree: The correct (inaudible) from Bruce Freckleton - Mr. Mayor.
.~ .
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Corrie: Mr. Rountree.
Rountree: Gary's got a -
Corrie: I'm sorry. Gary.
Smith: Mr. Mayor, Council members, we haven't made any comments on the
plat yet other than it did not conform with the preliminary plat, and so the
comment was that it should be tabled until the plat is squared away.
Bird: Took care of that now.
Smith: Pardon me?
Bird: And we took care of that now.
Smith: The plat is apparently squared away, but we still don't have any
comments for you to incorporate in your approval of the plat unless you want to
make it subject to future comments that the Staff would make.
Corrie: That's pretty much what - well, okay.
Smith: Okay.
Corrie: I don't want to put words in Charlie's mouth.
Smith: And I believe that - I believe the applicant understood the ramifications of
that.
Corrie: Okay. Does that help you, Bill?
Rountree: He's scratching his head.
Gigray: To me, you're issuing an order that doesn't have any finality to it. When
we have the comments, and I can reference those specifically and so we've got a
written document and we know what they are, this is just subject to further
negotiation, and it's an order on a final plat. I mean, you can do what you want to
do here, but-
Corrie: Can't you just hold the final order until it's all done?
Rountree: Until we receive comments from Staff?
Stiles: We can get them to you tomorrow.
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November 16. 1999
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Corrie: After they receive comments from Staff, then you do the order based
upon their suggestions?
Gigray: With the proviso, if it's agreeable with the Council, that I will resubmit the
order for the Council to see at the next Council meeting which means that you're
not continuing it. We'll prepare the order so you can look at it.
Corrie: I think that'd be best.
Gigray: For its - I mean, and then we'll just prepare it as normal for the Mayor's
signature, but that way you'd put it on the Consent Agenda or something, and if
somebody sees a red flag, you can divert it at that point. I'd feel more
comfortable at with that.
Rountree: So moved.
Corrie: Okay. Do I hear a second?
Bentley: Second.
Corrie: Motion made by Mr. Rountree, seconded by Mr. Bentley to approve the
recommendation of the - Mr. Gigray. Further comments? All those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 37.
REQUEST FOR BEER AND WINE LICENSE BY EAGLE
PARTNERS, LLC FOR EAGLE CHEVRON:
Corrie: Request for beer and wine license by Eagle Partners, LLC, for Eagle
Chevron.
Bentley: Yeah. It won't take long.
Corrie: Okay. Mr. - Chief.
Gordon: The applicant on the Item 38 is Steve Eddy who currently already has
two beer and wine licenses at the existing Chevrons. We have had absolutely no
problems at all with him on any of those locations and would recommend that the
Council approve that.
Corrie: Okay. Any other questions?
Bird: I have none.
Corrie: I'll entertain a motion on the application for the beer and -
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Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for beer and wine license by Eagle
Partners, LLC, for Eagle Chevron.
Bentley: Second.
Corrie: Motion made and seconded that the request for beer and wine license for
Eagle Partnership, LLC, for Eagle Chevron be approved. Any further comments?
All in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEM 38.
DEPARTMENT REPORTS:
Corrie: Janice Smith is - her report will be coming out to us. She's trying to get
the rest of it together. In the meantime, Glenn, do you want to take her spot just
a second - want something on the election issues?
Bentley: Yes. I spoke to several people that really complained about confusion
over the election, where we're at, where they're supposed to go. I had some
complaints from the people from the south, south of the freeway. I think offering
some ideas to the Council and the future Council as to what we can do to try to
help the situation. First off, I think south side of the freeway, they're complaining
about having to come across that bridge and fight all that traffic at 6:00 at night
for the people coming home. South side's getting big enough plus we've got
another sewer line going across. I think it's probably time we look at putting a
precinct on the south side and find a building to hold a polling place. I think we
need to move on using the new water bill system to maybe put out some
information 60 days prior to the election as to how you go about getting
registered, maybe even looking at throwing in a couple voter cards, registration
cards to do by mail, but they need instructions as to exactly how they can
register, because so many of the people that I've talked to went to one place
when they're supposed to be at another. Well, I voted last time, but I moved in
the meantime, and they don't realize that cancels out what they've done. So just
offering some suggestions and hopefully to take a look at it. Like I said, I think
the main issue would be to try to get a precinct on the south side. That's all I
have.
Corrie: Okay. Gary.
B. GARY SMITH:
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1. PHASE 1- WATERLINE IMPROVEMENT PROJECT:
Smith: Thank you, Mr. Mayor. First Item I have is the Phase I Waterline
Improvement Project. This is a change order for the contractor that is doing that
job. It has to do with the - there's justification on change order form, about
middle way down the sheet that explains the reason for the change order. It has
to do with a conflict in the vertical location of the waterline as it was constructed
to a point by others and where this contractor grabbed hold of it and headed off,
ran into some other utilities, had to lower the waterline. It's a 16-inch diameter
waterline, and so the fittings and so forth are fairly expensive. The total amount
of the change order request is $6,085.44. It's one of those things that happened
after they started digging and found the other utilities. So my recommendation to
you would be to approve the change order for that amount at $6,085.44 and to
authorize Mayor Corrie to sign and City Clerk Berg to attest. Do you have any
questions?
Corrie: (inaudible) Mr. Rountree.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move we approve Contract Change Order No. 2 in the amount of
$6,085.44 for the Phase I Waterline Improvement Project.
Bird: Second.
Corrie: Motion made and seconded to approve Phase I Waterline Improvement
Project of the total amount of $6,085.44. Any further discussion? Hearing none,
all those in favor of the motion say aye.
MOTION CARRIED: ALLAYES
Gary: Thank you.
2. REIMBURSEMENT AGREEMENT - G.L. VOIGT
SEWER AND WATER LINE EXTENSION AGREEMENT:
Gary: Second Item is a reimbursement agreement between G.L. Voigt and the
City of Meridian. This agreement request is for the construction of a waterline
under the interstate from approximately Wells Circle south over to Overland
Road. We have contracted with the contractor that's installing the sewer line for
Mr. Voigt and his partners in that venture to also install the waterline at the same
time in the same easement at a depth that's not as great, obviously, as the sewer
line, and I think this is saving us some money being able to be in there with this
contractor in the same area. It's also saving some stress and wear and tear on
Meridian City Council Meet"
Novernber16,1999
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the properties that we're crossing. It's allowing us to connect to high-pressure
zones and our water system. 50 we have a loop now in that high~pressure zone.
The reimbursement agreement has been reviewed by Mr. Gigray, and his
comments back to me have been incorporated in this agreement. It has been
sent to Mr. Voigt, and he has signed it. On Page 3, Item No. E lists the
developers and the City's responsibility as far as the costs of the system are
concerned. You notice that there's - the City is supporting the cost of the water
system that's being installed totally. We're also supporting a share, a small
share of the cost of the trunk sewer. The reason for this is that I kind of changed
horses in midstream on the diameter of the sewer pipe and increased it from a
1 O~inch diameter which it was originally designed to and 18-inch diameter. The
reason for that is it appeared to me it would facilitate the service to the south and
the east if we're able to utilize an 18-inch sewer line on this alignment out to
Overland Road rather than try and extend it along the off-ramp on 1-84. Because
there are some improvements along there that are going to be kind of difficult to
go through. So that's the reason for the $22,000. It gained us about 2 % foot of
depth at Overland Road, and it's going to allow us to extend to the south and
east for service of that area. I think in a much more expeditious manner than
trying to go down the off-ramp paralleling that on private property. That's the
reason for that amount of that cost. The bids for the project were advertised in
accordance with our requirements as though it was a City project. I believe they
received five bidders, Brown Construction was the low bidder. Coincidentally,
Brown is doing our waterline project on the north side of the interstate and also
on the south side under another contract with the City. He's just going to
continue through with the work and make the connection on both of these. I
guess you could call it kind of a private-public partnership to install this water and
sewer system, this portion of it. So, I would request that you approve this
reimbursement agreement between Gary Voigt, the developer, and the City of
Meridian for the cost to install a waterline and increase diameter sizing of sewer
line from approximately Wells Circle southward under Interstate 84, Overland
Road and to authorize Mayor to sign and City Clerk to attest.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve this reimbursement agreement with Mr. Voigt for
the sum of $124,032.05 for the sewer and waterline extension agreement and for
the Mayor to sign ~nd the Clerk to attest.
Rountree: Second.
Corrie: Motion made and seconded to reimbursement agreement, Mayor to sign,
Clerk to attest.
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Gigray: Mr. Mayor. Point of procedure. Since these are agreements, and I'll just
- and the same as with the B-3. I would recommend that you do it by Resolution.
Enter into the agreement. We'll prepare the Resolution subsequent. You can go
ahead and take the action tonight and get it to the Clerk, and then that'll require a
voice vote because it's entering into a contract.
Corrie: Okay. Any further discussion on the motion? Hearing none, roll-call
vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
3. TULLY WATER PARK IRRIGATION PUMP STATION:
Corrie: Three.
Smith: Thank you, Mr. Mayor. Council. Last Item is an agreement with Nampa
Meridian Irrigation district for the operation and maintenance of the pump station
in Tully Park. This is an irrigation water pump station that has been constructed
by the City of Meridian and partially funded by the Turtle Creek Developer. This
pump station will provide water to the Tully Park and also to Turtle Creek, and
this is an Operation Maintenance Agreement that Nampa Meridian requested so
that they will operate and maintain that pump station. We will be responsible to
maintain and operate the distribution system in Tully Park. I'm not sure what the
agreement is that Nampa Meridian has with Turtle Creek. They probably will be
maintaining their distribution system in that subdivision as well as the pump
station. Mr. Gigray has reviewed this, and Tom Kuntz has reviewed it, and I have
reviewed it and made comments, and this is the final copy that's come back from
Nampa Meridian's attorney. My request to Council is to approve this pump
station operation and maintenance agreement, to authorize the Mayor and City
Clerk to sign the agreement. Do you have any questions? I'll be happy to try to
answer them.
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Corrie: Any questions?
Bird: I have none.
Corrie: I'll entertain a motion on the request.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the City entering into the agreement with
Nampa Meridian for operation and maintenance agreement in Tully Park
between Meridian and Nampa Meridian Irrigation District, authorize the Mayor to
sign, the Clerk to attest and have city attorney prepare Resolution.
Bentley: Second.
Corrie: Motion made and seconded to enter into the Tully Park Irrigation pump
station agreement, motion as stated, Mayor to sign, City Clerk to attest. Roll-call
vote. Any discussion? Roll-call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
c. BILL GIGRAY:
1. PROPOSAL FOR RECONSIDERATION OF COUNCIL ACTION
PROCEDURE:
Corrie: Okay. Item C, I think, we're going to postpone and take a break.
Gigray: That's fine if you want to.
Corrie: You're not going to take too long, are you?
Gigray: No.
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Corrie: Okay. You got it.
Gigray: First of all, I want to express my thanks to the Clerk's office and to the
Planning and Zoning Administrator. If you'll recall, we had one or two days short
of our usual time span to prepare Findings and Orders and Recommendations,
and there was an immense amount of material as a result of the last action of
Council. We tried to get all of those to you for the very next Council meeting in
time. We have still had to (inaudible) a lot of stuff, some of it came out late
because we were dealing with Comp Plan Amendments which we haven't dealt
with before, that's a little different procedure. But I just wanted to say, I wanted
to thank Will's office for all of their help in getting stuff routed at the last minute
and Shari's put under the gun here to have to review a lot of stuff at the last
minute, and I think they did a good job, and I sure appreciate their help and
support. As far as this Item 33-C, I have experienced as city attorney, an
increasing number of calls from attorneys or developers saying, gee, we want to
change this or that or the other, can't we reconsider. I think you've seen a couple
of motions where they've tried to get Council members to amend their vote for
reconsideration under Roberts Rules, and what I think we ought to do is try to
codify how that's done, and so when we get these requests, we say, this section
is how you do it. Basically, and I've sent this down for comments to Gary and to
Shari, the comments I got back were that they were not in favor of this because
they felt it created more paperwork. I will be persistent anyway and say that I
think it's something you ought to consider. This is drafted so that first of all, the
only way they can seek a reconsideration is they need to state a claim in writing
that would be a basis for which they could seek a judicial review. That's what
11-410A is all about. That's right out of that statute. Then; it has to be in writing
that's submitted to you. I would brief it for you if I think they've got a good case.
I would tell you in a memo. All you do, you don't hear any argument or anything.
It just comes back up and you say, yeah, we'll grant a re-hearing or no, we
won't. Then that's the final action and that's all there is to it. If you say no, if you
decide there's something meritorious, then you would reschedule it for argument
at a later time given notice. Then they'd have to pay a filing fee, and they would
have to go to some work to write out what it is is their basis for a re-opening or
having reconsideration. That's basically the idea is. It's not designed to have
new Staff reports or anything as you'll notice. They have to come in and argue
their point. They can't present any new evidence. It's not designed to re-open
the public hearing. It's designed to limit it to reconsideration, and it gives us
something to tell them, well, if you're going to do this, you've got to follow this.
Quite frankly, if I were representing a protester or affected party given these
provisions, I would think long and hard before I'd even want to fuss with this
because I'd be giving away my cards if I were going to take it up on a judicial
review as to really what my case is. We have one pending right now on judicial
review. Until we see their brief, we really don't know what it is they're contesting.
All they have to do is file their petition and say it's some vagaries about what their
claim is and then not until they file their brief do we know what it is. This would
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really make them state their case. I can tell you, my view or my memo to you
would probably be don't grant the request until I see something in there that I
think we might need to take another look at it because they've got a good case
for judicial review. That was the idea of this.
Bentley: More consideration.
Gigray: Right.
Corrie: Do you want to consider it (inaudible).
Gigray: This will be something you do later. It's just if you say we don't want any
part of it, then we'll just withdraw it and forget about it.
Rountree: With the explanation of it, I want to consider it now.
Bird: What?
Rountree: With the explanation now, I want to consider it.
Corrie: Okay. I would too, myself. Okay. Then let's do it.
Gigray: And I'll ask Gary and Shari to take another look at it. If they've got
some suggestions about things we need to change, but I pulled a lot of this right
out of the State Code.
Corrie: I've got comments here that I want to talk (inaudible)
Gigray: My view is that unless they can state a good case for judicial review, it's
like granting, sir, you either say yeah or no. No hearing, no nothing.
Corrie: Getting used to the long nights, Cheri? I'll entertain a motion to close the
City Council -
Bird: Mayor, were you going to have a meeting-
Corrie: Yeah. Monday. Can everybody come about 6:30 to a Special Meeting
for Executive on this police lot? We need to do something on that very quick.
Bird: It's going to be short, now, isn't it?
Corrie: Oh. It's going to be about 10 minutes because it's aye or nay.
Bird: If you don't - if you don't and the rest of the Councilmen don't mind, I think
we need to invite Cheri and Tammy. That was always (inaudible).
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Corrie: Yeah. You're invited. 6:30 Monday, and I'll try to get hold of Shari
before I leave. I'll talk to her Friday. Okay. Yeah. If that meets the approval,
then we'll do it then. Will, will you notice that, meeting 6:30 Monday, for
Executive Session only?
Berg : Yes.
Corrie: We can have it in my -
(inaudible discussion amongst Council members)
Corrie: I'll entertain a motion to adjourn.
Bird: So moved.
Bentley: So moved.
Corrie: Motion carried - Oh. Say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11 :35 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)