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HomeMy WebLinkAbout2005 10-18 Meridian City Council Meetina October 18. 2005 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 18, 2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Bruce Freckleton, Kenny Bowers, Steve Siddoway, 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 call the meeting to order. It is Tuesday, October 18th. It is five minutes after 7:00. Welcome. We will start the meeting with the roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Boy Scout Troop No. 461. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Thank you. Boys, I do have a pin for you. If you would like to step forward. Item No.3 is our community invocation. Tonight we will be led by Pastor Steve Moore with the Cherry Lane Christian Church. Please join us in the community invocation or take this opportunity for a moment of silence. Moore: Our Father God in Heaven, it's been another absolutely beautiful day here in our community that you have blessed us with and we thank you for that. God, we have the best weather. You already knew that. What our local paper reported recently that Boise and this area is the very best place to live weatherwise in the whole contiguous 48 states. And, God, that, along with other good things about this community, we are being discovered by a lot of people in the nation and in the world and are moving to our community to enjoy the blessings that you provide and that are here, because of others that have preceded us and made this such a wonderful place. And, Father, that makes this meeting tonight so relevant Meridian City Council October 18, 2005 Page 2 of 31 and so necessary and that brings with it bad and good. It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part of life. It brings us more broken people, people that are seeking a way out of whatever their circumstances were in other places. But, God, it also means that we have great good in this community and you're bringing more good folks and good things to this community, a healthy economy, and business. You have provided us with the good in the lives of these five Council members and our Mayor, who care enough about where they live to put their lives on the line to vote and to be criticized as they govern us. So, bless them for their courage, direct them tonight in the decisions they will have to make and live with. And I pray that you would bless their families. Bless the many volunteers in this community. Bless the many other servants that serve in the various government capacities, our police force, our fireman, who put their life on the line to make it a better place. God, we need your direction in solving and maintaining the problems and the place that we have. We do live in one of the very best cities and our city has been recognized recently as being one of the finest 100 places to live in the United States. We want to say thank you for that. We think you have a great deal to do with that blessing. Again, God, direct this meeting, that decisions will be made that accomplish your will and benefit the people that live here, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a revision or two here. We would -- after the Consent Agenda we'd like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 we'd like to add an executive session as per 67-2345(1 )(c) of the Idaho Code. Our resolution number under the Consent Agenda is 05-491. And our ordinance number from Item 14 through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. There is a motion to approve with the changes as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council October 18, 2005 Page 3 of 31 A. C. Approve Minutes of September 20, 2005 City Council Regular Meeting: B. Approve Minutes of September 27, 2005 City Council Regular Meeting: Findings of Fact and Conclusions of Law for Approval: AZ 05- 015 Request for an Annexation and Zoning of 59.30 acres from RUT to R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 017 Request for Preliminary Plat approval of 246 building (244 residential units, 1 daycare & 1 pool/locker facility / restroom) lots and 26 other lots on 59.30 acres in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 05-022 Request for a Conditional Use Permit for a Planned Development for single-family residential units with a request to allow for reduced setbacks, reduced lot size, reduced frontages, reduced house sizes and block lengths in excess of 1,000 feet in a proposed R-8 zone for Crossfield Subdivision by Packard Estates Development, LLC - 955 West Ustick Road: Aareement with Valley Ride / Valley Regional Transit for FY 2006 Dues and Intercounty Services: F. G. Renewal of Contract for Prosecution Services with the City of Boise: H. Development Agreement: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: I. Resolution No. VAC 05-011 Request for a Vacation of Irrigation Easements for Bonito Subdivision by Dave Evans Construction - 3041 East Copper Point Drive: J. Memorandum of Understandina between Blackrock. LLC and Blackrock Subdivision HOA and the City of Meridian for Hookup to City Sewer and Water: K. Aareement for Services with AspireOn: Meridian City Council October 18, 2005 Page 4 of 31 De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes resolution number 05-491 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. discussion? Rountree: I have none. Is there any De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 05.1188 Distribution Pseudoephedrine Products (3rd Reading): of De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item No. 6. It is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this ordinance by title only. Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry. Section 11, to set limits on the over-the-counter distribution of certain - Baird: Pseudoephedrine. Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing a penalty, providing a savings clause, and providing an effective date. De Weerd: Okay. Council, you have heard this read by title only and to the public as well. Is there anyone who would like to hear it read in its entirety? Council, this is the third reading and this is a valley wide initiative to help with our meth problem in the valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has passed it as well. Our executive director for the Treasure Valley partnership is sitting in the back. He's been monitoring these all very closely. Again, this is only one defense in curbing some of the issues we have with meth. But it is one of those first steps and very critical. Council, is Meridian City Council October 18, 2005 Page 5 of 31 there -- at this point we have had the three required readings and I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1189. Or 88. I'm sorry. 88. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Before you take action on it -- I have missed the first two readings, but beings that this is the third reading, would it be appropriate at this time to see if there is anyone here that wishes to testify regarding the ordinance? De Weerd: Okay. Bird: Okay. I can pull my motion. De Weerd: Is that okay, Mr. Bird? Is there anyone who would like to offer testimony on this ordinance? Okay. Thank you. Mr. Bird. Bird: I move that we approve Ordinance No. 05-1188. Wardle: Second. De Weerd: Okay. The motion is to approve Ordinance No. 05-1188, distribution of Pseudoephedrine products. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Council. We appreciate your support on this ordinance. We will have a county-wide signing for the communities that have passed this ordinance next Monday. Certainly, if any of you would like to join me, I would love to have you accompany me on that -- that signing ceremony. Again, Mr. Larsen, thank you for attending. Item 6: Department Reports A. Planning Department: Steve Siddoway Meridian City Council October 18, 2005 Page 6 of 31 1. Presentation of Meridian's Transportation Task Force Priority List and Recommendations: De Weerd: Okay. Item No.6, under Department Reports, our planning department. Steve Siddoway will -- is back for discussion on our Transportation Task Force. Siddoway: Thank you. Madam Mayor, Members of the Council. It's a pleasure to be before you tonight. As you know, we have no shortage of transportation needs in our humble city. Two weeks ago I was before you at pre-Council to go over the proposed list of transportation priorities from the Meridian Transportation Task Force. It's been added to your agenda tonight as an action item. We need to have a finalized list to both ACHD and Compass before the end of the month. What I have on the screen before you is the list of 30 projects that have been prepared in priority order by the Transportation Task Force for discussion. I have summarized two separate tables, since the -- the full list is a list that includes Ada County Highway District projects and ITD or the Idaho Transportation Department projects. I have pulled out of what would be the top five ACHD projects on the list as it currently stands. The top five receive bonus points, as you know, in their prioritization system. Those five currently include the downtown split corridor. Pine Avenue from Meridian Road to Eagle Road. Meridian-Ustick intersection. The Ten Mile Road from Overland to Ustick. And Franklin from Linder to Ten Mile. The top ITD projects on the list would be the Ten Mile interchange as number one. The Meridian Road interchange rebuild. The Linder Road overpass. The Eagle Road corridor improvements. The State Highway 16 extension along McDermott Road. And widening Chinden Boulevard. We need to discuss the priority list tonight and reach a consensus or a motion approving a priority list to send forward. I do have for you tonight a couple of key considerations that we need some discussion on, specifically related to the downtown split corridor. We know that the phase one improvements are particularly critical. They would include the Main, Meridian, Waltman, Central intersection. ACHD commission at the last joint meeting raised the possibility of prioritizing the split corridor into the five-year work program by postponing the Linder Road widening. It's currently scheduled for 2009. The discussions that I have had to date are that we would recommend that that would only work if the critical intersection improvements, such as Linder and Pine, and Linder and Ustick, are pulled out separately and moved forward ahead of the Linder Road widening project. So, we need some discussion on that item and, then, a second item that has an idea that has come up recently -- as you know, the city has dedicated 1.8 million dollars -- or up to 1.8 million dollars toward the acquisition of right of way for the Locust Grove overpass. Because of the restrictions that the city placed on how that money could be spent, it appears that they will only be able to spend about 800,000 to one million dollars of that money. That money has been dedicated to right of way for some time and would propose to you that we dedicate any remaining right of way funds from the Locust Grove overpass to phase two of the split corridor, which is where the majority of the right of way EmsWeare,: tíèoBosë,cdisbass.ilcbIUH'lœrthWitkohai1Ehl4lëkjstat1( for any questions and entertain discussion on the list of projects. Meridian City Council October 18, 2005 Page 7 of 31 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have no problem with the recommended list. I do want to know where we come up with the idea of using our money again for right of way. We did it on the one project to get it speeded along and it wound up being four years longer. I, for one -- we want to build a city hall and every month that we are set behind there it's going to cost us more money. Construction is going up. I don't -- I can't -- I can't do that again on this -- this project, because we did it on the Locust Grove, thinking it would speed the project up. Everyone of the -- the Mayor and everyone of the Council people, which two of us sitting right here now was under the impression that that would open the same time Mountain View opened. It's not going to open until 2007. That's four years late. I, for one, am not spending -- not for spending city taxpayer dollars that we already paid seven to eight percent of our taxes to ACHD, our property taxes for our roadways, out of our tax rolls. I don't think we are fair to our taxpayers to do that anymore. De Weerd: Mr. Bird? Bird: Yeah. De Weerd: Just to further clarify, this is not new money. It is the money that was set aside for Locust Grove and it would be just what is remaining from that line item to dedicate it -- to continue to dedicate to purchase of right of way. Bird: Madam Mayor? De Weerd: Yes. Bird: Follow up. I realize that it was dedicated and has been sitting here. And whatever the other Council want to do. I just said that that don't mean that -- that 1.8 -- the way the motion was made -- and I made the motion and I think you seconded it -- was we would spend up to 1.8 million purchasing right of way for the deal. It didn't say the 1.8 million dollars went into a transportation fund, because we don't have a transportation fund in the City of Meridian. I really have a problem with it. But what -- you know, I'm certainly going to go with what the majority wants, but what's wrong with bringing that money back into the construction cost of city hall that's going up or anything. I mean, you know, we went -- we stepped out once on a project. I have not seen another public entity do that for ACHD. Why should we have to all the time. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council October 18, 2005 Page 8 of 31 Donnell: I just have a question for some clarification. Why -- what were the restrictions that caused us not to spend up to 1.8 million dollars to get the right of way for Locust Grove overpass? Why do we have 800,000 remaining? Siddoway: Restrictions were placed on the funds that they could only be used for land right of way acquisitions only, not the structures or facilities that might be contained in that right of way. So, the amount of the land only is what the total bills we were paying for. Donnell: Okay. Follow up, please? De Weerd: Uh-huh. Donnell: And who placed that restriction on that money? So, the Council did -- Bird: Yes. Donnell: -- at that time? So, the Council can lift that restriction. It does not have to be for right of way if the Council so chooses for it not to be for right of way. De Weerd: That's correct. Mr. Wardle. Wardle: Madam Mayor, I certainly validate the expenditure and the decision by a former Council to further that project along, but the reality was it -- the other public agency involved didn't further the project along and the project didn't move any faster. I see that as a partnership in which the City of Meridian's expectations were not met from a timeline standpoint and would be reluctant to again enter into such an agreement based on past experience. Certainly, if there is some money left over we would have the discretion to utilize that in the general fund, but I think that we should look at some other worthy projects within the city, based on past performance. De Weerd: Mr. Wardle, I guess I would like to respond to that. The Locust Grove overpass has stayed on a planning year because of ACHD. The funding has been very competitive for not only ACHD dollars, but for ITD dollars, and, actually, ACHD is fronting the money to even build it next -- to be begin construction in '06 and it's because of the money that Meridian put to it that it did not fall out of a planned year into PD. So, in appearances I guess what has been stated is true. But, in all reality, that project was at risk almost every single budget year because of the cost and other projects that were also competing for those dollars. So, I think that it's a little bit misleading in the year it's being built, but, certainly, that investment has kept ACHD defending this project and keeping to move it forward and forward enough to front the money up. Wardle: Madam Mayor -- and if I may clarify my comments, I agree -- I agree that the money was well spent by the city to further that project. I'm saying that the Meridian City Council October 18, 2005 Page 9 of 31 city's expectations in a timeline were not met and I would have serious consideration before entering into a similar agreement again, so -- De Weerd: I would just say our expectations were naive and I was one of those, so I can say that. Yes, Mr. Bird. Bird: Steve, tell me on the right of way, the structures that we -- we put the limit on buying right of way. What structures on Locust Grove were -- on either side of Locust Grove did we have to buy, other than one house that was close that -- and we were taking so much for the land that we did not help buy? Siddoway: I know it included utility type things, like wells. You know, I don't know if Gary Inselman is here. Do you want to address that, Gary? Are you able to address that? De Weerd: Gary, if you will come up. Bird: I'm quite familiar with some of those right of way purchases and I don't know what they were -- what structures were in it. Inselman: Madam Mayor, Members of the Council, we have -- De Weerd: Gary, if you will just state your name for the record. Inselman: Gary Inselman with ACHD. We have had some relocation costs, costs to provide -- replace septic systems, damages to the properties -- and those are costs that far exceed the actual cost of the land that we are acquiring. Bird: So, septic systems and stuff like that, that was damaged and we had to repair and the damage was done because of digging -- they were in the right of way or what we purchased -- Inselman: In the new right of way. That's correct. And to replace wells that were in the right of way that was being acquired. Bird: Gary, do you have any idea -- and you probably don't -- what kind of figure that is? Inselman: I don't. Bird: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 18, 2005 Page 10 of31 Rountree: To come back to the other topic at hand, as far as the list goes, Steve, if you would, would you explained to me again the following slide and the top five prioritization there, that those projects on the ACHD bonus point list have already received bonus points because we have them ranked high or they will receive bonus points if we rank them one through five? Siddoway: Madam Mayor and Councilman Rountree, the latter is correct. These are the five projects that would receive bonus points if we approve the list. Rountree: Based on the list. Okay. Siddoway: But they haven't received bonus points yet, so you have the ability to weigh in on the list. Rountree: And, Madam Mayor, on the subject of the additional funding that was established for right of way acquisition on Locust Grove, my position is that isn't it wonderful that we have an opportunity to have some extra money to do some things with as a result of not having to spend 1.8 million dollars for right of way to get that project on a program and even though it took forever, at least it's going to become a reality. I think we are premature to tell ACHD that it's coming their way for additional right of way, I would like to see a financial plan from ACHD in terms of that particular project or any particular project where we might in the future consider additional funding for either right of way acquisition or actual construction. So, I don't know that it's critical that we act on that at this point and at a minimum I would like to hear that if we do commit funds for any aspect of a transportation project, that there is a commitment on the part of the responsible entity that they are committed to the project as well. De Weerd: Thank you. Council, I guess just to redirect you back to the transportation list, in our tight time frame for the Ten Mile interchange, which is under the STIP for 2008, we need to make sure the local landing roads are also in and ready to receive the additional traffic on them. I guess my concern is if you look at what would get bonus points, we have item number two and item number three -- well, item number two, that's the first time that has been on this list. Item number three has been from Council's previous discussions not as important as the Ustick-Linder intersection and there would be another Ten Mile improvement and that -- that would falloff. So, if you could take a look at the downtown split corridor as one, the Meridian -- the Pine as number six -- did you take -- Steve, did you take the East 3rd connection off of there? Siddoway: That's a good point worth discussion. It's on there as number four on the overall list. I did not add it to the ACHD bonus points list, because in my contact with ACHD, they have said that since the East 3rd connection is one that would be development driven and not one that would be an ACHD-built project, they would likely skip over it for the terms of assigning bonus points and give it to the next ACHD-built project. So, I tried to pick out the top five. Now, you could move East 3rd connection, if need be, to make it clear, so we don't have any Meridian City Council October 18, 2005 Page 11 of 31 confusion as to which five the bonus points are going to. But it is my understanding that they would not give it the bonus points, given its status. De Weerd: But it is -- item number three, then, in Pine, we need to get Pine from at least Locust Grove to Eagle on there, so they would be impact fee eligible, so when the developer, who is in line to develop it, can be eligible for reimbursement through impact fees. Siddoway: One point of clarification. In order to get -- be reimbursable through impact fees, it needs to get on the CIP, the Capital Improvements Plan. This is the five-year work program. It would be impact fee eligible if it were only on the CIP and not on the five year work program, but the task force felt that that Pine connection was such an important road that they wanted to send a strong message. De Weerd: Well, yes, but is that at the risk of losing our local roads to Ten Mile? You know, I guess we have to weigh that. And if it's just important that that one developer paid improvement is on there, it doesn't need to be one of the top five. So, I guess, Council, I would like for your consideration for the downtown split t:ßIt:i'at.et,il1lkær intersection, Ten Mile Road, Franklin to Ustick, Franklin Road Ten Mile to Linder, and, then, the Meridian-Ustick intersection to -- sorry. The Linder- Pine intersection to be our top five for bonus point -- Bird: Go through the top five again on the -- De Weerd: If you will go back to the previous slide. Bird: Now, which one out of there are you pulling out? De Weerd: Well, to reorganize it, so that downtown split corridor, Ten Mile, Overland to Ustick, Franklin-Linder to Ten Mile. The Linder-Ustick intersection and the Linder-Pine intersection. I think most of these students sitting in this room just love Linder-Pine in getting through that four way stop. It would sure be nice to have that improved. Not in their tenure in school, but certainly for the ones that are a year or two behind them. Any discussion? Siddoway: Madam Mayor, if I could just restate to make sure I understand. You would be pulling out what is currently shown as number two and number three and moving them lower. You go to downtown split corridor, then, jump to what is currently number four would become number two, which would be the Ten Mile Road. And, then, third would be Franklin, Linder, Ten Mile. And, then, you would be adding number four and number five as the Linder-Ustick intersection and the Linder-Pine intersection; is that correct? De Weerd: That's correct. Siddoway: Okay. Meridian City Council October 18, 2005 Page 12 of 31 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, would you explain on the Ten Mile - Overland to Ustick what happens at the overpass? Siddoway: The Overland to Franklin project -- that one mile stretch -- Bird: On Ten Mile. Siddoway: Yeah. Overland -- so, you're asking what happens at the -- at the interchange? Bird: Well, we don't have the interchange. Siddoway: Right. The one mile section -- Bird: That's number two priority. Siddoway: Okay. The one mile section from Overland to Franklin would be done as part of the Ten Mile interchange project. The Franklin to Ustick section would be an ACHD project and is currently in the five year work program. De Weerd: Mr. Bird, I guess to give you some clarity, the Overland to Franklin will be part of the interchange design. So, primarily, the road improvement on Ten Mile will be from Franklin to Ustick, because the Overland to Franklin will be part of how that interchange is designed. Bird: That's what I understood. That's why I can't figure why it's Overland to Ustick, instead of Franklin to Ustick. Siddoway: Madam Mayor, Councilman Bird, we could make that one Franklin to Ustick, with the understanding that the Overland to Franklin section will be part of the interchange project. That would be fine. Bird: That would be -- that would be -- to me it would be the way to -- because the interchange is going to determine what comes from Franklin to Overland. De Weerd: Mr. Wardle? Wardle: Madam Mayor. Steve, before we change the recommendations from our committee -- or consider changing them, I'd like to hear why Pine Meridian to Eagle is number two. I think I understand one of the reasons, but if you could Meridian City Council October 18, 2005 Page 13 of 31 give me the committee's thought process in how they came about putting that as their number two priority. Siddoway: The discussion prior to voting -- all the members voted independently and the votes were tallied and, then, they ratified the list at the end. But the discussion before the vote was that Pine is a critical link to press through to Eagle Road, it's critical that it be improved through downtown, but the most critical section is the section from Locust Grove to Eagle Road and getting it impact fee eligible, which is somewhat of a separate issue from the five year work program, because the impact fee eligibility, again, is part -- is determined by the CIP. But they wanted to send a strong message that we need to get Pine on the books. Wardle: Thank you. De Weerd: Does that answer your question? Wardle: That did. De Weerd: Thank you. Council, I guess one more thing on the ITD top projects. Linder overpass has kind of creeped ahead of some of these others that are being considered through the Communities in Motion and the GARVEE processes. It's really not been a part of the discussion of the more immediate projects. I guess I would also like you to consider moving that into the number six spot and pushing the other ones up. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just my original thoughts on your proposition for the ACHD portion of the bonus points -- and I agree that looking long term and short term, that Pine is going to be an important through route to get off of Eagle Road, which is currently, obviously, a very busily traveled road. I would say from the ITD standpoint, Linder Road overpass plays into, in my opinion, the ability to do number two, which is the Meridian Road interchange. I would say it's an important piece to not only the Ten Mile interchange, but also to making that Meridian Road construction project function. So, I would prefer to leave it as number three. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Wardle on the ITD project. I think Linder overpass is very very important. De Weerd: Okay. My only comment is it is unfunded. At least Eagle Road corridor is on PD. Highway 16 is funded for planning to begin. It is critical for Meridian City Council October 18, 2005 Page 14 of 31 that funding for the plan to move forward and by pulling it off and putting Linder ahead of it, we do risk some of these other projects. The Eagle Road corridor is extremely important in terms of our safety personnel. I think they would really prefer to spend less time on there cleaning up accidents than they currently are doing right now. So, I -- Linder overpass is not in any of the documentation. To put it on now really throws a wrench in things. And I'm not saying it's not important, but in light of where we are at with these other projects and how we have been talking about the importance of these projects to the needs of our community, this does blur our message. It does change our message. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Siddoway: I would just add one comment. Linder Road overpass, while it's true it is unfunded and not on a funded list for the next five years, it is identified on the list of GARVEE projects for connecting Idaho along Interstate 84 and should be in one of the -- on a future funded list through the GARVEE program. De Weerd: Steve, did you have that verified? answers to that. I think I have heard varying Siddoway: I have asked several times and have been given that answer each time at ITD district three. Don't know. Councilman Rountree has more light to shed on the subject. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: All things will not be accomplished with GARVEE. That said, I can't say whether or not that particular project will be programmed as a result of that program. Certainly will be part of the analysis that goes on as we move into identifying incremental projects in that 1-84 corridor, probably would be a project that would be considered. At this point I can't say specifically that it would be programmed. It's not programmed at this point in time as an individual project. It seems that -- I understand the planning process through Compass, but that particular project and bringing a new project into the program seems a bit out of sync to me. It probably is something that should have been brought up through the July through August STIP amendment, STIP consideration process. Again, having said that, bringing it forward now is all right, but as an individual project it might be awhile before it does get programmed. But having it identified -- possibly not number three, but having identified that it is important to the city is the right thing to do. Siddoway: Madam Mayor? Meridian City Council October 18, 2005 Page 150f31 De Weerd: Yes. Siddoway: With any reprioritizations that do happen I'd like you to, if possible, do it with the overall list. For example, the Linder Road overpass on here is number 13 on the overall list, but when you pull out just the ITD projects from that list, it's number three. So, when you say you want to move it to number six, I just want to -- for example, if you can move it below Chinden, Chinden is number 27. So, I just wanted to know if you wanted to make it number 28. De Weerd: Steve, why don't we work with the comments that have been made, bring back a revised list next week -- Siddoway: I can do that. De Weerd: -- and have Council -- we will get it out prior to and have Council take a look at it and see it rearranged. Siddoway: Rearranged. Thank you. De Weerd: Does that sound reasonable, Council? Rountree: Sure. Bird: Fine with me. De Weerd: And do you feel comfortable with the discussions that have been made so far? Donnell: The Council? Yes. De Weerd: Okay. Okay. Thank you, Steve. Appreciate your help. Siddoway: So, I will work with you in the coming week to draft a list and, then, I can circulate that to the Council members ahead of the next meeting to gather any comments? De Weerd: Yes. Siddoway: Okay. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Item 7. We had no items moved from the Consent Agenda. Meridian City Council October 18, 2005 Page 16of31 Item 8: Public Hearing: AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Item 9: Public Hearing: PP 05-035 Request for Preliminary Plat approval of 50 building lots and 4 common lots on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: Item 1 0: Public Hearing: CUP 05-038 Request for Conditional Use Permit for a Planned Development for reduced minimum lot size, frontages and setbacks on 10.30 acres in a proposed R-8 zone for Larkspur Subdivision No.2 by Larkspur LLC - 200 and 205 East Rosalyn Court: De Weerd: So, I will move to Items 8, 9 and 10, public hearings AZ 05-036, PP 05- 035, and CUP 05-038. I will open these Public Hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Larkspur No.2 project. The first Larkspur project was just to the north of this. This is located east of Meridian Road, approximately mid way between Overland and Victory. You can see two existing lots and homes on those lots. The applicant is proposing annexation and zoning, preliminary plat, and Conditional Use Permit for a planned development. The project as originally submitted requested 50 building lots. They have reduced that to 49. And those are single family home lots, four common lots, all on 10.3 acres in a proposed R point -- I'm sorry, R-8 zone. The planned development was for reduced minimum lot size down to 4,108 square feet, reduced frontages down to 42 feet. And reduced setbacks, a four foot five set back and a 12 foot rear setback. This is the original preliminary plat. That's the revised preliminary plat and -- just a moment willi get my pointer. I can use the mouse. There we go. You can see the house -- there we go. You can see the difference on the east side of the property. Oops. They lost a lot. And this is just a site plan. The gross residential density is 4.75 dwelling units per acre. The Planning and Zoning Commission has recommended approval at their September 15th hearing. Ron Sargent, the applicant, and Jim Slade, spoke in favor of it. There were 17 people in opposition to it and I'm not going to read all their names. It is in your record for tonight. The key issues of discussion were the compatibility with Meridian Greens, which is to the east of the subdivision. Proposed subdivision. And we spent a lot of time talking about ways to transition from their lower density residential lots to the proposed medium density residential subdivision. It's an interesting situation where because these were five acre lots, Meridian Greens kind of transitioned to them by having some of their larger lots right up against the five acre lots and so that was the primary issue of discussion. As a result of that, as I mentioned before, they did take out one of the lots along the east side and they brought all of the lots up to a minimum of 6,200 square feet on that east side, with as many at 6,500 square feet as possible. And they agreed to -- the applicant agreed to construct all those Meridian City Council October 18, 2005 Page 17 of 31 homes along the east side, that they would use a 40 year architectural shingle and, then, also along the east side they would provide a 25 foot rear setback. Instead of the usual 15 foot setback, they would do a 25 foot rear setback. And the last one was that there would be a ten foot landscape buffer along the east boundary contiguous to Meridian Greens as well. These won't have -- my understanding is they won't have individual fences coming down them and that all the open space will be maintained by the owners association, so there would be a ten foot landscape buffer in that area between the two subdivisions. So, you, basically, have your 15 foot setback area, a ten foot landscape buffer, and the back yard for the Meridian Greens residents. The applicant did revise the plat and meet the conditions that the Planning and Zoning Commission placed upon him before -- before your hearing tonight, so those concerns have been addressed. I do have some elevations of the proposed units. And these are -- I believe the same units that are being constructed in Larkspur number one currently. Did want to point out as part of the subdivision -- I forgot to mention there are -- they are preserving a couple of larger lots with the existing home sites on them and you can see those here. I suppose they show up best here and here. And, then, they have to modify the cul-de-sac at the -- the current cul-de-sac as they extend it. As I said, there were quite a few people at the last hearing. I don't know how many have signed up to testify tonight. Their concerns seem to have been addressed. The Planning Commission tabled the item for a while so that the applicant could work with those property owners and I think most of them were satisfied with the changes that the applicant proposed to do. And with that I will answer any questions Council and Mayor may have. De Weerd: Council, do you have any questions for staff at this time? Bird: I don't. Not at this time. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Sargent: Ron Sargent. My address is 1771 North Wildwood Street in Boise. De Weerd: Thank you. Sargent: Madam Mayor, Council Members, I guess I just -- a couple of things to add to the staff report. First of all is we actually reduced the number of buildable lots down to 47 and in our meetings with the neighbors during the Planning and Zoning Commission, they basically requested that we have the lots adjacent to Meridian Greens a minimum size of 6,500 square feet and we just asked if the dimensions didn't work out, that we could have one or two of those lots at 6,200 square feet. When we revised the plat, we actually came out with all of the light lots as 6,500 square feet or larger. So, we met their concern and needs there. The other issues I think the staff has covered and we are in agreement with it. The one thing I guess I'd like to add is up here in the northeast corner there is a Meridian City Council October 18, 2005 Page 18of31 difference in elevation between the property that we are buying and the Meridian Greens and we agreed with the neighbor and that's adjacent to us up there, to put a -- construct a stem wall to control any erosion or differences in elevation that could take place there and a stem wall probably between a foot to two feet in elevation. I think those are the major things, except I had one I guess request and this is on site specific requirements, Appendix B, and it's 1.1.5 and that is that the city is requiring us to vacate the right of way that -- there is an existing turn around, circle here on Rosalyn Court that dead ends there now. And the city is requesting that we vacate the right of way on either side of where the new road is going to be constructed and that is not something that we can necessarily do. That is an Ada County Highway District Commission level decision. We can apply to vacate the right of way, but there is no way that we can necessarily guarantee that's going to happen. It's sort of a Catch 22. The city's requiring it as part of the plat, but we have to go to the Commission level to get that approval. When we met with staff during the tech review meeting, they said that we should enter into a license agreement to landscape that area and so I guess I would request that we modify the condition, that we apply for a -- to vacate that right of way. But if we are not able to do that, that we, then, enter into a -- if the Commissioners turn that down, that we, then, enter into a license agreement. And I guess since the process to vacate is fairly lengthy or can be lengthy, I guess we would request that the -- this condition be a requirement of occupancy, rather than a condition of the plat, because we could be held up for some period of time while we are trying to work through that issue with the highway district. So, I guess I would be open for any questions. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, do you have a dedicated right of way out onto Highway 16 or Meridian Road? De Weerd: Sixty-nine. Sargent: Sixty-nine. Bird: Or 69. I'm sorry. Sargent: Yeah. Rosalyn Court connects out to Meridian Road or Highway 69 and, then, this road here, Blackspur Way, goes up and it connects to Calderwood. So, there are two connections that go out of the proposed subdivision. Bird: Thank you. Meridian City Council October 18, 2005 Page 19 of 31 De Weerd: Okay. Any other questions, Council? Thank you, sir. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Well, it sure seems like you settled a lot of questions, then, in between Planning and Zoning and now. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Can I ask -- I don't believe that the -- that there is a condition regarding the stem wall and not -- not that Mr. Sargent would be guilty of this, but we have had a problem where people state commitments in a Public Hearing, but if they are not made part of the record -- or part of the application, then, sometimes if the project changes hands, then, there is -- there is an expectation there that doesn't get met by the next owner of the property. So, if you could add that as a condition of approval, I think that that would be -- if you're inclined to approve it, that would be helpful. De Weerd: Okay. Most appropriate on the preliminary plat or the CUP? Canning: Preliminary plat. De Weerd: Okay. Canning: And, then, regarding the vacation issue, I think if it pleases the Council, what they could do is in that condition, 1.1.5, the second sentence begins the applicant shall vacate and if we could just, instead, say the applicant shall submit an application to vacate and leave it tied to the final. He is right, there is -- we can't force him to vacate. It's ultimately the decision of ACHD. So, if he submits the application prior to the plat, then, at least the ball is rolling. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I ask the applicant if it would be -- with your permission a question. De Weerd: Uh-huh. Would the applicant come forward please. Bird: I asked him about the right of way out onto the highway, but has ITD been notified? Because you're changing that trip -- you could change the trips out onto that highway from what they are now -- what ITD thinks they are now to eight, nine hundred, depending on build out. Sargent: Correct. Meridian City Council October 18, 2005 Page 20 of 31 Bird: Have you notified ITD and they responded to you or are we just taking it because there is a cutout there that it's an automatic -- Sargent: I'd like to, I guess, ask staff -- does the application -- does it get sent to ITD? De Weerd: They are on the transmittal sheet. Canning: They do get transmitted. I can check this specific one to see if it's in there. Bird: I didn't see anything in my folder here, Anna. Canning: Mr. Berg, do you have record of all that was sent to? We don't have a response. Bird: Well, Anna, if we don't have a response, then, I guess there is not a problem. Rountree: If they knew about it. Bird: And I'm sure it was sent to them. De Weerd: They are on the transmittal list. Bird: They are on the transmittal list. Canning: We do have a letter here. I just found it. I'm sorry. Did you find it also? Wardle: Mr. Bird, if I could just read what the clerk's given to me here real quick. Improvements to East Rosalyn Court at the intersection of the above-stated referenced state highway may be necessary to accommodate the increased traffic volume resulting from the subject development. Any work within the state right of way requires a permit approved by lTD. The application must originate from the agency with jurisdiction for the local road or authorized representative. In addition, ITD supports the proposed internal cross-access provided to adjacent property north and south of the subject development. At such time that adjacent properties develop, it will be necessary to revisit and consider necessary improvements to the East Rosalyn Court intersection with State Highway 69. Canning: And they may not have recognized that there actually is development approved to the north that connects it to Calderwood, which it's anticipated that that will be I believe a signalized intersection. Maybe not. I misspoke. I'm sorry. Wardle: Madam Mayor, just to clarify the statement. My reading says ITD supports the proposed internal cross-access provided to the adjacent property north and south of the subject development. Meridian City Council October 18, 2005 Page 21 of 31 Bird: So, they realize it is going through Calderwood -- to Calderwood? Wardle: Per their letter dated September 7th, 2005. Bird: Thank you, Shaun. De Weerd: Thank you. Any further questions for the applicant? Bird: I have none now. He answered my questions. De Weerd: Okay. Okay. Is there any further testimony from the public? Okay. Council, any questions for the applicant before I would entertain a motion to close? Any concluding remarks from the applicant? Okay. Council, I would entertain a motion. Bird: So moved to Close items 8, 9 and 10. Wardle: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 8, 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate the effort on the part of the applicant to meet with the neighbors and resolve the apparent issues. I'm still a little concerned in terms of the precedence as far as our Comp Plan requirements in terms of transitioning from large lots to smaller lots. I'm not sure 6,500 square foot adjacent to Meridian Greens is really what I would view as a reasonable transition lot, but if that satisfies the neighbors and the neighborhood, I guess I'm not going to interfere with that process. But I'm not sure when we see that again that it will be easy to say No. De Weerd: Thank you, Mr. Rountree. Any other comments? Okay. Do I have a motion? Wardle: Madam Mayor? Meridian City Council October 18, 2005 Page 22 of 31 De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.8, AZ 05-036 for Larkspur Subdivision No.2, to include all staff and applicant comments, including comments specific to requirements for vacation of right of way and the potential for license agreement with ACHD and the addition of the applicant's comments to construct a stem wall. Donnell: Second. De Weerd: Okay. Motion to approve Item No.8 with the amendments as stated for the Findings. Wardle: And the Findings. De Weerd: Thank you. Any discussion? Okay. Mr. Berg, will you call roll. Berg: Thank you, Madam Mayor, Members of the Council, if I could just recap that we are amending the current Findings, so they won't be back before you, we will get them taken care of. Thank you. Roll-Call: Bird, yea; Rountree, yea: Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 9. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 9, PP 05-035, preliminary plat for Larkspur Subdivision No.2, to include all staff and applicant comments related to the annexation and, specifically, the comments with regard to vacation of right of way. Donnell: Second. De Weerd: Okay. Motion is to approve Item 9. Is there any discussion? With the same caveat as -- Wardle: To amend the Findings. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Mr. Wardle. Meridian City Council October 18, 2005 Page 23 of 31 Wardle: Madam Mayor, I move that we approve Item 10, CUP 05-038 and to amend the Findings to reflect all of the comments from staff and applicant in the previous items. Donnell: Second. Wardle: How is that? De Weerd: Okay. Motion to approve Item 10. Berg: Very good. Rountree: Excellent study in learning. Berg: Thank you, Madam Mayor. With that clear precise direction -- De Weerd: Yes, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 05-043 Request for Conditional Use Permit for a private medical practice in a L-O zone for Wigod Medical Practice by ZGA Architects & Planners - East Louise Drive in Meadow Lake Village Subdivision: De Weerd: I have lasted through Item 10 not to give Brian Brossman a bad time, but I still had to say something. Item 11, Public Hearing on CUP 05-043. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Wigod Medical Practice and it is -- yes, the question of the day. Sorry. It is located on Louise Drive, which is west of the entrance road for Meadow Lake Village. It is a Conditional Use Permit application. As you can see, our aerials are getting out of date. There is -- slightly. Yes. There is a large medical building here. Yes. We should be getting them soon. There is several buildings down here that aren't showing. This is the third building to go in this general small area. This is the site plan. And these are the elevations of the proposed structure. The structure is 4,600 square feet. There is just a single structure. It is a Conditional Use Permit for a private medical practice in the light office zone. It is -- it has been recommended for approval by the Planning and Zoning Commission at their September 15th hearing. There were no key issues of discussion, no changes, and no outstanding issues. I think someone summed it up best by saying it's a medical building in a medical building complex, next to a medical building, which is next to a hospital, so-- Meridian City Council October 18, 2005 Page 24 of 31 De Weerd: It doesn't sound compatible, really. Canning: And I'll answer any questions you may have. Rountree: You're just waiting to see what I might find wrong. Canning: It's not next to lTD. De Weerd: That's why she mentioned that. Okay. Are there any comments from Council at this time? Rountree: I have none. De Weerd: You have already made yours. Bird: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Anderson: Yes. Madam Mayor and Council Members, my name is Eric Anderson at 5410 West Lockport Drive, Boise, Idaho. De Weerd: Thank you. Anderson: Thank you. De Weerd: Do you have any comments? Anderson: I don't. We are fine with everything that's -- all the recommendations and comments. De Weerd: Okay. So, you agree with all staff comments? Anderson: Yes, we do agree. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 18. 2005 Page 25 of 31 Bird: I move we close the Public Hearing on CUP 05-043. Rountree: Second. Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do we have any comments or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-043, including the Findings, Conditional Use Permit for a private medical practice in Meadow Lake Village and to take all public, applicant, and staff comments. Rountree: Second. De Weerd: Okay. Motion is to approve Item 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: VAR 05-020 Request for a Variance request for a third time extension to record the final plat for Schwenkfelder Tire Subdivision by Pinnacle Engineers, Inc. - Meridian Road west of Franklin Road: De Weerd: Thank you. Okay. Item 12 is a Public Hearing on VAR 05-020. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, I apologize that this even got on your agenda. I went to read the staff report and rejected the application at that time. We are returning the funds to the owner, a full refund. This preliminary plat, after a two time extension, had been expired for a year and a month and I would not accept a variance to -- for a time extension. Meridian City Council October 18, 2005 Page 26 of 31 De Weerd: Okay. Thank you. It's still listed on our agenda. Is there anyone who would like to provide testimony on this application? Okay. Thank you, Anna. Mr. Baird, appropriate action? Baird: Madam Mayor, Members of the Council, I think at this point, given the fact that the application has been rejected, you can simply entertain a motion to vacate the Public Hearing. That will take care of the whole thing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Do we close the Public Hearing first? Baird: Sure. Rountree: I move we close the Public Hearing for Item No. 12. Donnell: Second. De Weerd: Okay. Motion is to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate the Public Hearing for VAR 05-020. Donnell: Second. De Weerd: Okay. Motion is to vacate Item 12. Mr. Berg, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Donnell: Madam Mayor, before we go into the ordinances, I just have one question. I'd just like to know how many of these young people want to be a City Council person when they grow up. Bird: That guy right over there. Meridian City Council October 18, 2005 Page 27 of 31 Canning: What about planners? Donnell: Oh. And maybe be a planner. Or a Mayor. Or a clerk. Bird: How about attorney? Donnell: An attorney. Baird: Don't go there. Bird: That's where all the money is, guys. De Weerd: Certainly not in these positions. Donnell: We have a lot of fun up here. I just wanted you to know that, so that you will look forward to this. De Weerd: Well, they can tell. Bird: How come that one student is a little older? Rountree: Just a little bit. Just a little bit. Bird: And she's sitting next to the homecoming queen. Item 14: Item 15: Item 16: Item 17: Item 18: Ordinance No. Amending Title 10, Chapter 3, Section 7, of the Meridian City Code Regarding the Electrical Code: Ordinance No. AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Ordinance No. AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Ordinance No. 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: Ordinance No. AZ 05-037 Request for Annexation and Zoning of 3.57 acres from R-1 to R-8 zone for Meridian City Council October 18, 2005 Page 28 of 31 Breinholt Subdivision by Richard and Susan Breinholt - 2580 North Meridian Road: Item 19: Ordinance No. AZ 05-041 Request for Annexation and Zoning of 10.15 acres from RUT to R-8 zone for Woodburn Subdivision by Centennial Development, LLC - 840 West Ustick Road: De Weerd: Okay. Items 14 through 19 are ordinances number 05-1190, 1191, 1192,1193,1194, and 1195. Mr. Berg, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05- 1190, an ordinance amending Title 10, Chapter 3, Section 7 of the Meridian City Code regarding the electrical code and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 05-1191, an ordinance for annexation of property located in a portion of the southeast quarter of the southeast quarter of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the city of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of lands from RUT to L-O 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. Berg: Ordinance No. 05-1192, an ordinance for annexation of property located in the northwest quarter of the southeast quarter of Section 20, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of lands from RUT to R-8 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. Berg: Ordinance 05-1193, an ordinance for annexation of property located in the southeast quarter of the northeast quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Meridian City Council October 18, 2005 Page 29 of 31 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. Berg: Ordinance 05-1194, an ordinance for annexation of property located in the southwest quarter of the northwest quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to R-8 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. Berg: Ordinance No. 05-1195, an ordinance for annexation of property located in the southeast quarter of the southwest quarter of Section 36, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the city of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 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: You have heard these ordinances read by title only. Is there anyone who would like hear them read in their entirety? Thank you. Council, I will entertain a motion to approve Ordinances 14 through 19. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Items 14 through 19, Ordinances 05-1190 through 05-1195. Donnell: Second. De Weerd: Okay. Bird: Suspension of rules. Wardle: With suspension of rules. Thank you. Donnell: Second. Meridian City Council October 18, 2005 Page 30 of 31 De Weerd: Okay. Motion and second to approve Items 14 through 19. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. call MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 20 is an Executive Session per Idaho State Code 67- 2345(1 )(c). Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make the motion, I want to compliment these kids again. Some of them have been here again. But all of them -- you guys have really represented your school real well, behaved yourselves. We appreciate it and who are we kicking this weekend, now that we got rid of Mountain View last weekend? Twin Falls. Are they coming here or do we have to go down there? What do you mean? We kicked Mountain View last week. Right, boys? Madam Mayor, I would move that we go into Executive Session per Idaho State Code 67-2345(1 )(c). Rountree: Second. De Weerd: Okay. Motion to go into Executive Session. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Motion to adjourn? Bird: Madame Mayor. Meridian City Council October 18, 2005 Page 31 of 31 De Weerd: Mr. Bird. Bird: Don't you have something to delegate to someone else? (Inaudible----------). (Inaudible discussion) Bird: I am kind of shaky. I don't want to have to be defending myself in court. (Inaudible discussion) Bird: Okay, move to adjourn. Rountree: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:23 P.M.