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HomeMy WebLinkAbout2005 09-27 ~tv Council Meetina September 27. 2005 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, September 27,2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Anna Canning, Len Grady, John Overton, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and open up the regular meeting for City Council. It's Tuesday, September 27th. It's 7:02. Welcome to our meeting tonight. And we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Tonight we will be led in the pledge by Troop 122. If you will come forward, boys, and if you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle. De Weerd: Thank you, guys. I do have pins for you. They are City of Meridian pins. And I'd like to thank you for joining us tonight. Good luck with your badge. Thank you. Okay. Item No.3 is our community invocation. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. We will be led today by Pastor Bud Henthorn with the Meridian Gospel Tabernacle. See, you had me so fluster I thought I was going to have to do this. Henthorn: Anybody can do my job. No. Really. That's -- we believe that with all our hearts. That is the foundation of what the church is all about, is that anybody can approach the throne of God, but not everybody can be the mayor of the city or the city council, so -- Father, we are so grateful tonight for the ability to come boldly into your presence, to know that here we will find your love and your grace, that we will find your embrace. God, we have so much to be thankful for. You have been so good. You have been so kind. We thank you, Lord, for these young men that have come and led Meridian City Council September 27, 2005 Page 2 of 32 us in the pledge of allegiance tonight and their commitment to scouting and to their program. God, we thank you for them. We thank you for the amazing young people that are in this community. We are grateful for them. We thank you, Lord, for our own children and we could go on and on and on about all the good things that you have brought into our lives. For now, Father, let us simply ask that you would forgive us for the very breath that was used for something other than declaring your praise. We ask now, Father, that your blessing and your order, that your authority and your wisdom would prevail in this room this evening, as we turn our thoughts and our attentions toward doing what's best for this incredible community that you have put us in, given us leadership in. We ask it in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have an addition. Under Department Reports, Item C, from the Mayor. We have the appointment of the Planning and Zoning Commission. And Item No. 19 on the regular agenda, our ordinance number is 05-1185. And with that I move that we adopt the agenda as revised. Rountree: Second. De Weerd: Okay. Motion is to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 23, 2005 City Council Regular Meeting: B. Approve Minutes of August 30, 2005 City Council Special Meeting: C. Scope of Services for Water Division Buildina with BRS Architects: D. Eaale Road Waterline Abandonment Agreement with Civil Survey: De Weerd: Item 5. Consent Agenda. Meridian City Council September 27, 2005 Page 3 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department - Anna Canning 1. COMPASS ReQuest for Updated Aerial Photoaraph: De Weerd: Thank you. Item 6, Department Reports. We will start with the planning department. Anna. Canning: Madam Mayor, Members of the Council, in your packet you have received a letter addressed to Mr. Matt Stoll. It's very simple. All they are asking for is permission to spend 15,000 dollars on some updated aerial photographs. They have already got the money budgeted for aerial photographs. They decided. not to get a comprehensive new update and they put that off until 2007. But, in the interim, they wanted to purchase these at a much reduced rate. Now, they are not as high as quality as the ones that we will get in 2007, but they will provide a useful service. So, all they are asking is that because they can't run it by the Compass board, that the city send a letter stating they are in support of Compass using those funds for those aerial photographs. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Do you need a motion? Canning: I'm getting nods yes. De Weerd: Then do I have a motion? Wardle: Madam Mayor? Meridian City Council September 27, 2005 Page 4 of 32 De Weerd: Mr. Wardle. Wardle: I move that we authorize the planning director to draft a letter to Compass in our support for the updated aerial photographs. Bird: Second. De Weerd: Okay. The motion is to approve the request from the planning department. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Police Department - John Overton 1. Staffing Request Change - two Part Time Code Enforcement Officers to One Full Time Position: De Weerd: Okay. Item B. Captain Overton. Overton: Madam Mayor, Members of the Council, I come before you tonight with a request for a staffing request change within our code enforcement section of the police department. Recently we had one of our two part-time code enforcement officers retire. Within a few weeks after that our second part-time code enforcement officer retired, leaving us two part-time openings. At that time we looked very seriously at what the costs would be to replace that position with a full-time position with full benefit package, versus the two part-time employees. My calculation showed it would be -- it would cost us about another 600 dollars to bring on a full-time code enforcement officer, because of the difference in the hourly rate between what we were paying the part times and the full times. I received an e-mail from Reta in Finance and I like her calculation even better. De Weerd: I do, too. Overton: Reta says we will actually save 1,700 dollars by moving to a full-time position with benefits, versus the part time. Our main emphasis for doing this, of course, is it allows us a lot more consistency in the scheduling and assignment of duties and responsibilities and, quite honestly, we can attract a much larger and better candidate pool when we are dealing with full-time employees and benefits. And I'd stand for any questions on that. De Weerd: Captain, have you thought about how to distribute the workload and the areas of focus? I certainly know that this Council has had a lot of concern about signage and enforcement. Have you taken a look at the structure and looked at how duties would be allocated? Meridian City Council September 27, 2005 Page 5 of 32 Overton: Madam Mayor, Members of the Council, I haven't gotten to the point yet to decide how those would be distributed. A lot of that would depend, probably, on the qualifications and expertise of our next employee and what areas they may be strongest in. I do know -- and I just had this done for me yesterday -- that we are seeing a really sharp increase in the number of code enforcement violations we are dealing with, to the point that between January and May we were dealing with over 1,100 illegal signs and 201 abandoned vehicles. And those numbers are just continuing to climb on us. And that's only for the first five months of this year. So, a lot of that will be decided after we get a third employee on board and decide which area of expertise they work the best in and how we want to divide that city up and assign those duties out. De Weerd: Do you have an idea of the time frame that it takes in going out and recruiting and hiring? Overton: Madam Mayor, Members of the Council, the good news is it doesn't take as long as it does to hire a police officer. De Weerd: That is good news. Council, any questions? Rountree: I think it's a good idea. Bird: I think it's a great idea. De Weerd: All we would need, then, is authorization to add an FTE and I would need a motion for that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we recommend approval of the request from the police department to add one full-time employee, instead of the two part-time employees for code enforcement that were approved during the budget cycle. Donnell: Second. De Weerd: Okay. The motion is to approve the request to convert the two part time into one full time. Mr. Berg, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. C: Mayor - Reappointment of Planning and Zoning Commission: Meridian City Council September 27, 2005 Page 6 of 32 De Weerd: Thank you. Okay. Item C. In front of you you do have a list of our Planning and Zoning Commissioners and what the reappointment dates would be to. Are there any questions? Bird: I have none. Donnell: No. De Weerd: I was going to put this on the agenda next week and list it by name, but since they have a meeting on Monday, I thought we better get it done. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the appointments to the Planning and Zoning Commission -- or the reappointment as of October 1 st, 2005, for Keith Borup, expires January '07. Dave Zaremba, expires January '09. Wendy Newton-Huckabay, expires January 2010. And David Moe expires January '09. And Michael Rohm expires January '08. Rountree: Second. De Weerd: Okay. The motion is to approve the appointments of the planning -- or reappointments of the planning commission. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. I will be bringing the parks commission reappointments next week. Item 7. There were no items moved from the Consent Agenda. Item 8: Tabled from September 20, 2005: FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC - northwest corner of South Eagle Road and East Overland Road: Item 9: FP 05-059 Final Plat approval of 3 commercial building lots on 1.8 acres in a C-G zone for Southern Springs Subdivision No.3 by The Land Group, Inc. - southwest corner of East Overland Road and South Meridian Road: Meridian City Council September 27, 2005 Page 7 of 32 Item 10: FP 05-060 Final Plat approval for 43 single-family residential building lots, 1 school lot and 1 common area lot on 22.24 acres in a R-8 zone for Paramount Subdivision No.1 0 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: Item 11: FP 05-061 Final Plat approval for 39 single-family residential building lots and 1 common area lot on 9.45 acres in a R-8 zone for Paramount Subdivision No. 11 by Paramount Development, Inc. - north of East McMillan Road and west of North Meridian Road: De Weerd: So, we will move to Item 8. Anna, on Items 8, 9, 10 and 11, are there -- are there agreements on each of these items or do we need to separate them out? Canning: Madam Mayor, we have agreements on each of those items. De Weerd: Okay. Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 05-057, FP 05-059, FP 05-060, and FP 05-061. Rountree: Second. De Weerd: Okay. Motion to approve Items 8 through 11. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from September 13, 2005: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: De Weerd: Thank you. Item 12 is a continued Public Hearing from September 13th. I will go ahead and reopen this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, just to give you a brief update. As I understand it, the applicant did conduct a neighborhood meeting. Two of the neighbors were able to attend. At that meeting they decided that to install a seven-foot cinder block wall on the west property line and the applicant had also previously committed to moving arborvitae from the east property line over to the west. Some of them will be on the north and he will put some to the west as well. And there is a change in the house style. These are the proposed elevations. The Council's direction was to make it more Meridian City Council September 27, 2005 Page 8 of 32 -- look more like a house than it had previously been shown. And we have some floor plans. Oh. And there is the other elevations. And there was also an update from ACHD on some of the traffic concerns and I will let them go ahead and discuss that with you. I believe Bruce Mills is going to speak to that topic tonight. Staff will answer any questions. De Weerd: Okay. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Jewett: Carrie Jewett. 1820 East Bowstring Lane, Idaho. De Weerd: Thank you. Jewett: First of all, Madam Mayor and Council men and woman, Jim wanted me to apologize. He did not realize that he was already scheduled for another city meeting tonight and he wanted me to reiterate or really let you guys know -- I'm not used to this, as you can tell. If you want to table this until the end of the evening, he should be able to get here. However, I think in meeting with the neighbors -- I don't want to speak for them. I think we have done everything that you asked of us and the neighbors seemed pleased -- as pleased as they could be for having it still be an L-O. So, in my opinion -- I'm hoping we can get through it, but if you feel like we need to table it until later in the evening, Jim wanted me to make sure that you had that option or -- so, I guess I just -- De Weerd: Okay. Well, we will see -- Council, do you have any questions? Rountree: I have none right now. Donnell: No. Bird: I don't, Mayor. I'd just state that if -- at the end if we -- if she feels when she comes back for a rebuttal that we need to hold off in that and she could do that. Jewett: Okay. I can go through -- do you want me to go through it real quick? De Weerd: Yes. Jewett: Okay. As Anna stated up on here, we did meet with the neighbors. We actually met outside when we last -- with the neighbors that were here to set up an evening and to discuss some of the changes that they would like to see and a lot of it was they wanted the office space to look more residential. They didn't want the metal Meridian City Council September 27, 2005 Page 9 of 32 roof. They were worried about lighting and different issues of such. So, we addressed those -- Anna, can you put the new rendering up? We changed the floor plan -- or the elevation, which is quite a bit different -- if you have in your packet from the previous one, which this, to me, still looks very residential and not like an office space. There were other concerns, but was the lighting, because of the other neighbors -- commercial neighbors that have hindered them. We have told them that we will be putting the lighting in the eaves that will shine down with what you have very similar out here and I'm sure code will want us to have a small post at the entrance of the driveway, like you see at homes in the driveways. But we assured them that there would be no tall posts with lights that would be hindering them. We suggested a different type of fence, just as an on option, and they said, no, they wanted a concrete fence and we had absolutely no problem with that. We will bring it out to -- I believe we can go 20 feet and, then, step down to three feet out to the sidewalk. Jim did speak with ACHD and Bruce is here to explain what they have agreed to do and I don't know if it's a one hundred percent fix for the neighbors, I know it's a huge step forward. I was just able to see it out there. It is going to prevent some left-hand turns and a lot of backing up along -- north on Locust Grove. So, it's been -- and left-hand turns out of Wal-Mart. So, I will let Bruce address that. With that, I will stand for any questions that you have right now, as, again, we -- I spoke -- I think we have come to a pretty good agreement. But I will let them speak for themselves. De Weerd: Okay. Thank you. Any questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Is there anyone who would like to provide testimony? Bruce, probably you should come and explain the traffic mitigation. Mills: Thank you, Madam Mayor and Council members. Bruce Mills, Ada County Highway District. I thought I should probably get up first, just so I can explain to the neighbors what we have planned. Our traffic department gave me this little sketch. It's not exactly what you call high tech engineering, but in any event, we are looking -- see if I can get this thing to work. We are going to put a center curb median here and more of a bulb out there, which will prevent people from coming south and right now, as I understand it, they are stacked and they are staying in this lane forever as they head south. So, we are going to actually put a bulb there. This will prevent left turns out of Walgreens and also left turns in, so it will eliminate a conflict with somebody turning left out of here and people turning left out of here, which we feel is going to be a good interim fix. Whether it will be the final fix remains to be seen. It will still allow left turns in and out of Carol and the Fred Meyer area. But for now we feel this will be a good fix and our traffic department said that they intend to install this very soon. So, I'll stand for questions. De Weerd: Council, any questions? Meridian City Council September 27, 2005 Page 10 of 32 Donnell: Yes. Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Mills, would you -- just a point of reference. The large roof is Fred Meyer? Or is that -- Mills: This is Walgreens. It's north going up this way. Fairview is just down here. Fred Meyer is over in this area. Donnell: Okay. Thank you. I was just turned around. Thank you. De Weerd: Is there any testimony from the neighbors? If you will, please, state your name and address. McRoberts: Jennifer McRoberts. 1490 Carol Street. De Weerd: Thank you. McRoberts: Madam Mayor and Council Members. Carrie and Jim Jewett did have our meeting and they did address all of our concerns that we had, in addition to the ACHD, which wasn't part of their primary concerns, but they did understand our concern there, and we appreciate that. As neighbors our first thing -- our goal was stated in our petitions and our letters is not to have a business there. But if the Council so chooses to give an okay to this, they have made it so that we -- it's something that we could live with. De Weerd: Okay. McRoberts: And I did want to question on the ACHD testimony, are they going to have a designated turn lane there or is it just going to -- you know, is the curbing going to go up, so it's designated left-hand turn lane. It will block that? It didn't look like you were going to do that. De Weerd: Okay. We will ask him to clarify that. Thank you. Thanks, Bruce. Mills: So, let me understand. Are you asking is it going to be designating a left lane here at this intersection? I'm sorry, but I don't know the answer to that. It would be an awful short distance from here to be able to put a designated left turn lane in. My guess is that at the present time they will probably just put this median in first and see how it functions and after that, if they can stripe in a left turn lane, the taper will be very short going from here to there, but it's something we'd look at on an as-needed basis. De Weerd: Isn't there a middle turn lane there right now? Yeah. I thought there was a painted one. Meridian City Council September 27, 2005 Page 11 of 32 Mills: Is there a left turn lane there now? If that's the case, we are probably just re- striping what we have there. De Weerd: Okay. Mills: It may very well be that we are just behind in this area in striping. I don't know. De Weerd: Yeah. I think there is a middle turn lane. Okay. Mills: Well, they know more than I do, so I'm not much help up here. De Weerd: Well, we are glad you came up and winged it. Mills: Thank you. De Weerd: So, that middle turn lane will not go away. They will keep that. They will just run the curbing up. Just to prohibit the left turn movement out of Walgreens, so -- okay. Any further testimony? Would you like any final word? Jewett: I'm Carrie Jewett. 1820 East Bowstring, Meridian, Idaho. I would just like to thank the Council members and the neighbors also for working with us. We do this on a daily basis and some of them are easy and some are a little more challenging and this one -- it started out a little more challenging for me when I went to change the CC&Rs, but it ended up I thought very nice and I think we will make good neighbors and I just really appreciate everyone wanting us to step back and to take the time to work together. De Weerd: Thank you. Okay. Canning: Madam Mayor? De Weerd: Yes. Canning: I did want to point out you don't have Findings. Craig wanted to know what your action was before he prepared the Findings, so -- De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion, I guess nobody else wants to testify, I move we close the Public Hearing on AZ 05-032. Meridian City Council September 27, 2005 Page 12 of 32 Rountree: Second. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do we have any discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a statement. This development is doing something that -- I believe when we approved Walgreens a few years back, there wasn't supposed to be any left- hand turns out of that originally and this way we are going to stop that at least. We are finally getting them in compliance with what we had approved. So, at least -- I believe that my way I thinking, I think that the Jewetts have went out, met with the homeowners, and I think they are pleasing them as much as they can. Made it at least look like a residential building. I don't believe that that type of office is going to create that much more traffic in that corner, really, but I do appreciate that, that they were willing to work with the neighbors and stuff. I think it's as good a project as we can get there on that corner. And it does stop the left-hand turns out of Walgreens before somebody got killed. De Weerd: Okay. Any other comments? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let me get my glasses on so I can read. I move that we approve AZ 05-032, the request for annexation and zoning of .56 acres from R-6 to L-O zone for the West Carol Street Professional Center and to find -- and to draw up the Findings of Facts and Conclusions of Law, including all staff, applicant, and public testimony, with all agreements made by the applicant as far as fencing, the design, roofing material, and include ACHD comments. Rountree: Second. De Weerd: Okay. A motion to approve the application. Have we provided all the clarity staff needs to prepare Findings? Meridian City Council September 27, 2005 Page 13 of 32 Canning: Madam Mayor, Members of the Council, if Council member Bird could explain a little bit what he meant by the ACHD comments. Did you want them included as conditions or just as comments? Bird: No. I want them as conditions, because that's part of the traffic calmer coming down there. That would be my -- and I would think that we can legally do, can't we, in Findings? Maybe it's not in our realm to do that, beings how it's a street thing, but -- Canning: I'm not sure that we can condition approval on ACHD performing a work task off site. Bird: Okay. Then I have to withdraw that part. Canning: Okay. Bird: We will just take it for Mr. Mills' statement. De Weerd: On the word of ACHD. Bird: On the word of ACHD. De Weerd: And we heard him swear. Bird: I didn't know whether we could legally do that or not. I was hoping we could, but - De Weerd: Mr. Rountree. Rountree: Madam Mayor, since I was the one who sent the folks out the door and instructed them to get together, I want to thank the Jewetts and the neighbors for coming together in a group that doesn't often get thanked, but, Mr. Mills, thank you for ACHD becoming part of that, because you, in fact, are a part of the solution. But thank you. Bird: I will echo that. De Weerd: Is there any need to clarify the outstanding issue that was discussed on the 13th on the 20 foot wide landscape buffer to the north? Canning: You're right, Madam Mayor. I forgot that that was an issue. Just a moment. The Council needs clarify -- De Weerd: Anna, what was staff's recommendation on that? Canning: That they have a ten foot buffer. So, Council just needs to clarify that that's okay. Meridian City Council September 27, 2005 Page 14 of 32 Bird: The motion maker says that is fine. Rountree: Second agrees. Bird: The second agrees. De Weerd: Okay. Okay. If there is no further discussion or clarification needed, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie - 3070 Fairview Avenue: De Weerd: Thank you. And I would like to encourage the Jewetts to stay involved in the homeowners association as a vehicle to keep the open dialogue and, again, to thank both sides of this for communicating and working through and finding a compromise. We appreciate your time. Okay. Item 13 is Public Hearing VAC 05-015. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, the applicant his requesting that the city allow them to vacate water and sewer easements that were recorded as part of the Krispy Kreme Subdivision. This has recently been re-subdivided as Marce Subdivision, but the old easements and plat notes were still there, so we are just asking to vacate those easements. The Planning and Zoning Commission has recommended approval at their September 1 st, 2005, hearing. There were no key issues of discussion and no outstanding issues before Council and just to let you know, this should be one of the last ones you see. These will no longer come before the City Council. De Weerd: Okay. Thank you, Anna. Would the applicant like to make comment? Okay. In agreement with staff comments. Thank you. Okay. The applicant is in agreement with the staff report. Are there any questions or information requested from Council? Bird: I have none, Mayor. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further comment, I move that we close the Public Hearing on Item 13. Meridian City Council September 27, 2005 Page 15 of 32 Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, V AC 05-015, and to approve the Findings. Donnell: Second. De Weerd: Okay. The motion is to approve Item 13. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: PFP 05-004 Request for Preliminary Final Plat approval for 3 single family residential building lots and 1 common lot on 1.58 acres in a R-4 zone for Woodward Estates Subdivision by Cortland Walker - southwest corner of South Crestwood Drive and West 1ih Street: De Weerd: Item 14 is Public Hearing PFP 05-004. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Woodward Estates and the application is at the southwest corner of Crestwood Drive and 12th. And for the life of me today I couldn't figure out whether it was 12th Street or 12th Avenue, in all honesty. But the application is before -- that is before you is for a combined preliminary and final plat. As you can see, the existing site is vacant up toward Crestwood and, then there is an RV storage on the southern portion of the property. The applicant is proposing three single-family residential lots on the north end of the property and, then, the remainder of the property will be platted as one lot. It's a common lot for the Central Valley Homeowners Association, which is on the east side of the road. The gross residential density is 1.89 units per acre. That's the net as well, because there are no streets. And as I mentioned before, the other lot is an RV storage lot. The Planning and Zoning Commission recommended approval at their September 1 st hearing. Cortland Walker spoke in favor of the application and Corey Makizuru from Central Valley Homeowners Meridian City Council September 27, 2005 Page 16 of 32 Association commented on the application and he mostly answered questions about the irrigation. That was one of the major issues of discussion. You can kind of see right here there is an island in 12th Street that currently has not had vegetation or at least live vegetation in it. The pressurized irrigation has been out for a number of years, so they have not been able to maintain it. So, that was -- the status and ownership of that landscape island was a topic of discussion, as well as the maintenance of the RV storage common lot. But there were no changes to staff's initial recommendation. And to our knowledge there are no outstanding issues before Council. I'll answer any questions you may have. De Weerd: Council, do you have any questions for staff? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address for the record. Walker: Cortland Walker, 1500 South Heidi Place in Meridian. De Weerd: Thank you. Walker: Yeah. There was someone else that tried to develop this before a couple of years ago and had some health problems and the family asked if I would take it over. So, we just ask that we be able to change that into three residential lots and the big concern with it was the median there, which in the comment from Ada County Highway District, they were hoping it would go away, but they say they don't have any funds to do it, so I will probably take that on myself, to just to move that concrete thing down the middle and pour some blacktop in there. So, other than that, you know, what else would you like to know? De Weerd: Okay. Council, do you have any questions for the applicant? Bird: I have none, Mayor. Walker: It's just been a really ugly corner for a number of years and I thought that we could put some, you know, 1,500 square foot homes in there and -- which is larger than a lot of the homes down along the Crestwood and the Crestwood Estates Subdivision. And it would really add to it, rather than -- and just get rid of any ugly spot. De Weerd: Okay. Well, thank you. Is there anyone that would like to testify on this application? Okay. Seeing none -- Wardle: Madam Mayor? Meridian City Council September 27, 2005 Page 17 of 32 De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I would move that we close the Public Hearing on Item 14. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would move that we approve Item 14, PFP 05-004 on Woodward Estates Subdivision to include applicant comments to approve the Findings. Donnell: Second. De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CUP 05-040 Request for a Conditional Use Permit to modify the Conditions of Approval for CUP 05-030, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank - 703 North Main Street: De Weerd: Okay. Item 15 is a Public Hearing CUP 05-040 and I must make comment. It's always nice to see the high school students here. You know, we almost have to pay your government teachers to give you extra credit to have you come and sit through this, but always glad to see you. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a conditional use approval for the Farmers and Merchants State Bank, the former offices that are still on the same lot as the current new offices. The location is 703 Main Street, which is at the corner of Main and Broadway, as you know. The existing structure is shown in this aerial and, as you know, the -- much of the rest of this has changed. This is the site plan. You can see how the new building would work with the parking layout of the old. The current structure is 3,981 square feet and we are just talking about the one Meridian City Council September 27, 2005 Page 18 of 32 structure. The issue that's before you tonight is -- was originally two fold and it's kind of whittled its way down to one. The original request was to allow public use, specifically City of Meridian use of that structure. As of the 15th that is now an allowed use in that structure and does not necessarily require the conditional use approval. However, there is a condition of approval for the new Farmers and Merchants State Bank that addressed this structure and what that says is the applicant shall remove the existing Farmers and Merchants State Bank building upon occupancy of the new building facility. We have delayed that so that we can get this before you and the question before you tonight is whether or not you will remove that as a condition of approval for the new bank. Planning and Zoning Commission did recommend approval and there was one person commenting and that was Mark Stewart from the Washington Federal Bank and that is the one just to the north of the existing structure. The key issues of discussion were the drive-thru access from Main Street through here and access to the Washington Federal parking lot for vehicular circulation. And related to those two issues they did add two conditions of approval. One was to place a bench or a planter at either end of the drive-thru aisle, so that people wouldn't continue to use that drive- thru aisle coming off Main Street and the other condition was to enter into a cross- access agreement with Washington Federal and, then, the existing curb located on the north property line, specifically here where it joins their parking lot, would be removed at Washington Federal's expense. So, Washington Federal agreed that -- to remove that and what that allows them to do -- you can see they have angled parking. Right now they can't really get out very effectively and this would allow them to come through and gain access to Broadway or to loop around and go back out the alley. So, to our knowledge there are no outstanding issues before Council and I will answer any questions. De Weerd: Anna, did they give a date certain that extended the condition of removing this building, that it would be removed at a certain time? Canning: No. At this point we are just recommending that the condition be removed. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, in our current code what would be parking requirements for -- did you say 3,900 square feet of office? Canning: I will have to look that up. Give me just a moment. Wardle: Okay. Canning: Madam Mayor, Members of the Council, Councilman Wardle, the -- for the entire site -- so including the new facility, it would require 83 parking lots or spaces. The property was granted a parking variance for 46 on-site spaces and 13 off-site parking spaces. So, that's a total of 59. Meridian City Council September 27, 2005 Page 19 of 32 Wardle: Thank you. Canning: And that's -- yeah, that's under the new code. Wardle: Madam Mayor, follow up? De Weerd: Okay. Wardle: Anna, not necessarily under the new code, but it was approved with the variance under our old code; right? Canning: The variance was approved under the old code, but the 83 parking requirement is under the new code, I believe. Wardle: Thank you. De Weerd: Okay. Any further questions? Is there anyone who would like to provide testimony on this application? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have a question for legal. I don't know -- is there any way, once that building is not being leased or used out, is there any way that we can make sure it comes down? Because they were the ones that asked to have it removed when we approved the new building. So, is there some stipulation we need to get in this or does that come sometime later? Mr. Baird? De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, Councilmember Bird, you can certainly -- if it is your desire to revisit the question of whether the building stays or whether the building comes down and the plaza gets built, you can tie that to a certain event and the one event that this Council will know is when the current tenant loses its lease. So, I would suggest that as the time frame -- not saying, necessarily, that you will require the building to be removed, but to give you the opportunity to review the situation once again. So it is, in effect, putting a time limit on the CUP. And as I'm saying this, I want to confer with the planning department as well to make sure this doesn't create an administrative problem for them. I think we can workout something similar to what I have last said, but if we could have the opportunity to hear from Director Canning, it might help us find the right solution. Canning: Madam Mayor, Members of the Council, I think we have done sunset clauses on conditional use permits before, where you have just revisited them to make a Meridian City Council September 27, 2005 Page 20 of 32 decision as to whether you want something to continue or go. So, I'm sure we could craft something that would work in this instance. De Weerd: Well, certainly, when this proposal was brought in front of Council it was the intent of being temporary in nature and that it would -- the building would still be removed, so that the plaza would be constructed. And so I would hope that that intent would remain as well. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I got a follow up here, then. Which CUP would we refer to? It would be the original CUP, wouldn't it, Anna, that we would want to revisit, the one that stated the tear down within a certain time? Canning: Yes, sir. And that's 03-050. Bird: 050? Canning: This is basically a modification to that, but we have given it a new number. Baird: Madam Mayor, Members of the Council, I want to make sure -- do we have a misprint in the current agenda that refers to approval of CUP 05-030? Canning: Yes, there is. Baird: It is 03-050? Canning: Yes. Baird: Okay. Let's make that change for the record, so that we are clear. In the second line of agenda Item 15, referring to CUP, should read calendar year '03. The CUP number is 050. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a suggestion that if we condition -- and certainly I agree that the applicant brought this forward with the intent of having a plaza and thought it would benefit their project. My suggestion would be to allow that applicant some time to be able to plan for that, to have the building torn down and to have that reconstructed and I would say that certainly a 12 month time frame would be enough time for that to happen and would Meridian City Council September 27, 2005 Page 21 of 32 recommend that -- depending on how legal staff crafts, that potentially it would be 12 months from the termination of the lease. De Weerd: Mr. Baird, does that work? Baird: Madam Mayor, Members of the Council, I think I have actually heard two possible proposals tonight. One, the first question was can this issue come back to you for consideration on whether the building comes or goes. What Council member Wardle seems to be discussing is the possibility of putting this on automatic pilot that as soon as the lease or any extension thereof ends, that they would have 12 months to remove the building. You can go either way. We can craft it either way. The decision is yours to make. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A comment on that. This actually was proposed by the developer and the bank originally, to remove the building and construct a plaza. To the city's benefit they have agreed to allow the building to stay and be occupied by the city. It seems somewhat unfair to me that the city would, then, hold them responsible for the plaza in the future at the increased inflated cost of building that plaza some two years from now. Though I believe they probably would agree to that, given the nominal fees that they are charging for rental space, it seems to be somewhat of an injustice there. I don't know how we get around that legally. But they are, in fact, doing this deal to benefit the city and we ought to recognize that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I agree, Mr. Rountree. The question that I have -- and I don't remember from the original application. Was this property to, essentially, become part of the downtown streetscape and, essentially, be a public area? Canning: Madam Mayor, Members of the Council. Yes. And -- but the -- there was always a little bit of a conundrum in that the downtown design guidelines actually encouraged buildings close up to the street, similar to the existing building and a public space would be kind of tucked in amongst them, not necessarily out on a corner. But there is a value in having any public plaza. But two years from now -- I guess I would like the Council to consider the fact that two years from now this may not be an appropriate place to have a public plaza, if it's the only one going on there. And that's why I didn't put back in the sunset clause for the building. I thought if they still really want to do the plaza, they will take down the building and do it. If for some reason they Meridian City Council September 27, 2005 Page 22 of 32 don't feel it's necessary, then, maybe that plaza will already be established somewhere else downtown. I think that the applicant -- part of the reason that they wanted to tear down the building initially was that they felt they -- people wouldn't be able to see where the new building was and I think that those concerns aren't there like they used to be and -- Donnell: Council President? Or now Madam Mayor. Wardle: Mrs. Donnell. Donnell: Thank you. It seems to me, hearing the thoughts expressed by Councilman Rountree and given those choices, that -- that our counsel has given us, that it seems that the best decision we can make at this point right now is to make a motion that would, in fact, bring this back to the Council in two years or whenever that time is, that -- you know, that the building is vacated. That's just my thoughts. Rather than to try -- Bird: Is that a motion? Donnell: Shall I make it one? Bird: You bet. Donnell: As soon as we close the Public Hearing or have we already? Rountree: No. De Weerd: No. Donnell: Are we ready to do so? Bird: I am. Rountree: Go ahead. De Weerd: Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would make a motion that we close the Public Hearing on CUP 05-040. Wardle: Second. De Weerd: Okay. Motion is to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. Meridian City Council September 27, 2005 Page 23 of 32 MOTION CARRIED: ALL AYES. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I would make a motion that we approve the request for a change in the conditions of approval for CUP '03-050 and -- in order to allow the existing building to remain and, then, to request that this be brought back before the Council for their review at a time when that building is vacated. Does that work, Anna? Rountree: By the city? Donnell: By the city. Oh, yes, indeed. By the city. Rountree: Second. De Weerd: Okay. Motion is to approve with the changes noted. Mr. Bird. Bird: The problem is it's just not the city that's leasing it. We have got MDC over there and we have got SBA. So, it is the vacancy of when the city moves out and maybe they don't -- hopefully, they will move with us, but there is no guarantee. Baird: Madam Mayor? De Weerd: I think Mr. Baird is going to tell you that the city is the tenant -- Bird: And they are subleasing to us. Yeah. Donnell: Okay. De Weerd: Mr. Baird, did I read your mind? Baird: Madam Mayor, Members of the Council, that's correct. We hold the primary lease and the sub leases are geared to certainly extend no longer than the city's tenancy. So, if you -- if your motion -- motion is approved, it would, indeed, at such time the city vacates the property the matter would come back before you. And I just want to clarify that the purpose of it coming back before you is to reconsider whether the building should remain or whether the original condition should be enforced and you will review conditions at that time. Canning: Madam Mayor? De Weerd: Is that correct in the motion? Yes. Meridian City Council September 27, 2005 Page 24 of 32 Canning: Madam Mayor, if you could indulge me for a moment. Mr. Baird, if they are on conditional use, should it be the Planning and Zoning Commission, instead of the City Councilor because the original one was approved by City Council, should it be the City Council? Baird: Let's see. Madam Mayor, Members of the Council, under the new code conditional uses are approved by and the final decision authority is the Planning and Zoning Commission. However, I would think that by specific mention in this motion if it's the Council's desire to have involvement in the decision of whether the building stays or goes, you can put that into the motion that this would be administered under the rules that were in effect at the time of the original CUP. If that is your desire as a Council. Otherwise, I think Director Canning does point out a good procedural change that we are experiencing here is that final decision authority, unless there is an appeal, would now be at the Planning and Zoning Commission. De Weerd: Would the motion giver have specifics to that? Donnell: Madam Mayor? De Weerd: Yes. Donnell: Is that the desire of the Council, for it to be included under the old code? Bird: Yes. De Weerd: Mr. Wardle. Wardle: Madam Mayor, certainly to answer Mrs. Donnell's question, it would be my preference -- and one of the things that I would say for the record, when brought back to the Council is if it is the intent of that Council to have a plaza at that location and to make, essentially, a public use, then, certainly some partnership or participation or some sort of consideration should be given to the applicant based on the use and, obviously, their generosity towards the city and the community. Donnell: So -- Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: So, the motion is, in fact, revised to include the statement that it would fall under the old code or the old CUP whichever it was under. De Weerd: Does the second agree with that-- Rountree: Second agrees. Donnell: Is that good, Anna? Meridian City Council September 27, 2005 Page 25 of 32 Canning: That works, ma'am. De Weerd: And we will have to call you back to rule on that. Donnell: You won't even find me. De Weerd: Is there any further discussion? Mr. Berg. Berg: Thank you, Madam Mayor. Just to clarify that we will prepare new Findings for the Council to approve. Donnell: Thank you very much. Canning: To approve whatever. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: AZ 05-039 Request for Annexation and Zoning of 4.99 acres from RUT to R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: Item 17: Public Hearing: PP 05-038 Request for Preliminary Plat approval of 16 single family residential building lots and 1 common area lot on 4.99 acres in a proposed R-8 zone for Pisa Place Subdivision by Howard Jenkins - 3893 South Locust Grove Road: De Weerd: Thank you. I will open up Items 16 and 17, Public Hearing AZ 05-039 and PP 05-038. I will open this with staff comments. Canning: Look, there is the building. I forgot to show that to you. Sorry. Madam Mayor, Members of the Council, this is Pisa Place. It's located at 3893 Locust Grove Road. The applications before you tonight are for annexation and zoning and preliminary plat. The property surrounding this has been previously platted, so this is kind of a five-acre remainder piece at this point. The applicant has proposed 16 single- family residences and one common lot along Locust Grove on 4.99 acres in a proposed R-8 zone. The existing house here has been worked into the design. They will no longer take access from Locust Grove Road. The gross residential density is 3.21 units per acre. I did want to point out since this is less -- this preliminary plat is less than five acres in size, they are not required to have open space lots, other than the street buffers. But the applicant has proposed detached sidewalks and that's why the right of way looks so wide as you come into the project. It's a standard right of way and, then, it gets very wide within the project. And that's to accommodate the detached sidewalks and parkway within the right of way. So, that will be a planted parkway with street trees. Meridian City Council September 27, 2005 Page 26 of 32 The Planning and Zoning Commission has recommended approval at their September 1 st hearing and no one testified in opposition to the application. The key issues of discussion were related to a cross-access easement for the existing house. And the issue is -- depending on where they exactly take access to this street, the intent is to take access from the entrance to the other subdivision. And they may need to cross that landscape buffer. If their driveway does do that, then, we need to have a recorded cross-access agreement for that house. And that was the only change to staff's original staff report or conditions of approval and to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Council, any questions for staff? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: How do you restrict -- Anna, how do you restrict access to Lot 7 from the cul- de-sac? Canning: We didn't want to restrict access from the cul-de-sac. We wanted to restrict access from Locust Grove. Rountree: I understand that, but you're telling me they are going to access from the new subdivision to the north -- Canning: The way their driveway is oriented it would logically -- you'd come in from the north. So, they'd like to do it that way. They do still have access on the cul-de-sac. So, they potentially have two access points. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Anna, can you just go back to the aerial? Is there a -- okay. Canning: You can see from the aerial that everything is to the north right now and they just wanted to maintain that. Donnell: Okay. De Weerd: Okay. Any further questions, Council? Bird: I have none. Meridian City Council September 27, 2005 Page 27 of 32 De Weerd: Hi, Kent. State your name and address. Brown: For the record, Kent Brown. 1800 West Overland, Boise, Idaho. And I represent the client Howard Jenkins. We are in agreement with all of the conditions of approval. We have recorded a cross-access easement with our neighbors to the north, the Chatsworth Subdivision. Our development is consistent with what this Council approved for Chatsworth. We have larger lots in this area, as we tried to accommodate the existing house. This is a circular driveway in the front of the house, with a canopy kind of going over the top of it. It is bricked around the outside of that, so it would be difficult for someone to access that portion from the cul-de-sac. The garage to the house is right here in this location. It just made kind of sense to do that. We are proposing to bring landscaping here that helps create a better entrance for where the development is. One of the other items discussed in the Planning and Zoning hearing is that we have water that enters our site down here at this location and currently there is - - I think the previous owner tried to create like a berm. It's basically just a big pile of dirt and rock and you really can't see where the pipe enters and so it kind of backed up one of the neighbors across the street. With the other developments, there is, basically, a pipe all the way to the corner property that that delivers water to. When we did Tuscany Lakes, Briggs Engineering, we piped that portion and, then, there is also Roseleaf and Chatsworth that another developer did and they have piped it to our property line and we will continue it so it will be all in pipe all the way through. There is also a ditch back here in this corner that the neighbors are piping and we will continue that piping to the property to the south. De Weerd: Okay. Anything further? Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Mr. Brown, you talked about the larger lots and I don't have that great of vision anymore. Just out of curiosity what are some of the sizes? Brown: I don't have that great of vision either. I'd have to go over and look, too. These are 6,500 that are in this area. They are consistent with the R-8 zoning. These are larger than that and these are also larger. Canning: Madam Mayor, I can help Mr. Brown out. Rountree: It's not critical, just curiosity. De Weerd: We should ask the planner. Canning: The largest lot is 10,300 and, then, we go to 7,600, 9,000, 9,300 -- 76 and 93. Rountree: That's good. I just needed to get the scale. Thank you. Meridian City Council September 27, 2005 Page 28 of 32 De Weerd: He wanted to stump the planner. Is there anyone who would like to provide testimony on this application? Okay. Seeing none -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Items 16 and 17. Rountree: Second. De Weerd: Okay. Motion to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion or do I have a motion? Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 16, AZ 05-039, annexation and zoning for Pisa Place Subdivision, to include all staff, applicant comments, in addition the comment that a cross-access agreement has been granted and to approve the Findings. Rountree: Second. De Weerd: Okay. There is a motion to approve Item 16. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 17. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 17, PP 05-038, the preliminary plat for Pisa Place Subdivision and to approve the Findings. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 17. Is there any discussion? Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council September 27, 2005 Page 29 of 32 Item 18: Public Hearing: MI 05-010 Request for a Miscellaneous application for approval for a sales trailer located in Redfeather Estates Subdivision No.2 in an approved R-4 zone by Packard Estates Development, LLC - Lot 2, Block 3 of Redfeather Estates No.2: De Weerd: Okay. Item 18 is Public Hearing MI 05-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for an approval of a sales trailer at Redfeather Estates. When they applied the Council was the decision making authority on the miscellaneous applications. Since that time the approval is now at staff level for a temporary use. We would have kept it on your agenda if we had a complete application to evaluate. Unfortunately, we didn't and we have had a hard time getting the information we need. So, what we are asking tonight is that you accept the applicant's withdrawal letter for having a miscellaneous application and that you take the fees they have applied for the miscellaneous application and apply them toward the temporary use and we will just do it at staff level. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there a motion needed for that? Bird: Yes. Canning: You're the only ones that can waive the fees. So, yes, I do need a motion. Rountree: Okay. De Weerd: It is listed on our agenda as a Public Hearing. Is there anyone in the audience for this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing for Item No. 18. Bird: Second. Canning: Okay. Motion close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council September 27, 2005 Page 30 of 32 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not having written down all of Mrs. Canning's explanation, I move that we approve Item No. 18 per the explanation provided by the planning administrator. Canning: Madam Mayor, Members of the Council, I need -- I need for you to accept the withdrawal and, then, a motion to direct staff to -- Rountree: You need two motions. Canning: Well, no, you can combine them. I'm sorry. But you need to also direct staff to apply the funds towards their temporary use. Rountree: Madam Mayor, I amend my motion to clarify what the planning director explained, that we accept the request from the applicant to withdraw their application and to apply the fees towards a miscellaneous application. Bird: Second. De Weerd: Okay. Well, you heard that motion. Rountree: Close enough. De Weerd: Mr. Berg. Donnell: Getting to sound like me. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 05-1185 RZ 05-009 Request for a Rezone of 4.53 acres from I-L to C-G zone for Porky Park Subdivision by VJ Joint Venture - south of Pine Street and east of North Eagle Road: De Weerd: Okay. Item No. 19 is Ordinance No. 05-1185. I will ask the city clerk to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1185, an ordinance finding that VJ Joint Venture, the owner of certain real property has made a written request for a rezone of the zoning classification for Porky Park Subdivision, for real property located on the south -- I couldn't pass it up. Sorry. - one-half of Section 9, Meridian City Council September 27, 2005 Page 31 of 32 Township 3 North, Range 1 East, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada county, Idaho, and within the corporate city limits of the City of Meridian and rezoning the land use zoning classification of said lands from I-L to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. I'm sure no one out there wants to hear it read in its entirety, do you? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no one wanting it read, I move that we approve Item 19, Ordinance No. 05-1185, with suspension of rules. Bird: Second. De Weerd: Okay. Motion to approve Item 19. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Well, we actually saw you all last to the very last minute. That's amazing. We appreciate you hanging in with us. Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you for joining us. MEETING ADJOURNED AT 8:13 P.M. Meridian City Council September 27, 2005 Page 32 of 32 ---"'--~ (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: It? / (f!; / o~ DATE APPROVED ,\ \ I \ ¡ III r j II/II "I' ,...w; ~'II' ", ..J ...... "'" " ..t-", ." ,-" A' ".- ,," V/;~ "" ::;,;;: ..,., - . ~^ ~ :: v % ATTEST: SEAL -