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HomeMy WebLinkAbout2006 02-28 Meridian City Council Meetina ~bruarv 28. 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, February 28, 2006, by Mayor Tammy de Weerd. Members Present: Mayor, Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. ' Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Joe Silva, and Dean Willis. - , Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you for your patience. We had a special meeting prior to this. Is that really loud? We had a special meeting prior to this at our police department and so we ran over here to get this one started, so we apologize for the late start. Thank you for joining us. It is Tuesday, February 28th. It is ten minutes after 7:00. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is the pledge of allegiance. Tonight we will be led in the pledge by Kyle Christensen with Troop 419. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Kyle, if I could, I would like to present you with a City of Meridian pin and thank you for joining us. We always appreciate having our troops here and leading us in the pledge. We appreciate that and welcome you here this evening. Item 3: Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Item No.3 is our community invocation. We will be led tonight by Pastor Bud Henthorne with the Meridian Gospel Tabernacle. If you will all join us in the community invocation or take this as a moment to meditate in silence. Hi, Bud. Henthorne: Hi. God of mercy, God of grace, we see your hand at work all around us in this community and we thank you for your blessing. We thank you for the way that you are prospering this community. We thank you for the people that make it so special. We ask, Lord God, that you would help us now to walk in your grace and in your mercy. Meridian City Council February 28, 2006 Page 2 of 30 Help us to walk humbly before you. Help us, Lord God, as we endeavor to serve one another and to serve the larger community here tonight. 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: With your permission, I think we have got a young man out there by the name of Gentry that just come back from winning the state tournament in wrestling. You got the twins? Both of you stand up. This is two-thirds. Their younger brother, who is a freshman, also won. State champions. De Weerd: And, Mr. Bird, I believe that's in wrestling and -- Bird: Yeah. De Weerd: -- there were several lightweight categories, I believe. Bird: Yes. De Weerd: What categories were those? Bird: 103,119, and 125. De Weerd: Very good. Congratulations. Bird: Now, Madam Mayor, thank you for letting me interrupt that. On our agenda we have Ordinance No. 06-1215, which is Item 17. Item 12, 13, and 14 have been asked to be continued and which we will do that when we get to those, with a date certain. With that I move we approve the published agenda. Rountree: Second. De Weerd: The motion is to approve the agenda. Is there any discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Before I get to the proclamation, I would like to offer City of Meridian pins to the Gentry brothers, if you will all come forward. Congratulations. Meridian City Council February 28, 2006 Page 3 of 30 Item 5: Proclamation for National Athletic Training Month - March 2006: Eric Taylor from Centennial High School Kelly Nellesen from Eagle High School Michelle Graves from Mountain View High School Scott Marema from Meridian High School De Weerd: And if I can be joined by the trainers of our four high schools. If you will, please, step forward. Tonight it's my honor and privilege to read a proclamation and each of our four Meridian high schools are represented here tonight. We have a proclamation for each of them to bring back to their schools, as well as to their state convention, is that it? Taylor: District conference. De Weerd: District conference. So, thank you for joining us this evening. Whereas the membership of the Idaho Athletic Trainers Association is an extremely dedicated group of professionals that strive to provide medical coverage and assistance to athletes both inside and outside the state of Idaho, and whereas in 2003 the Idaho legislature recognized the importance of athletic trainers and granted licensure for those practicing the discipline of athletic training and the State of Idaho Board of Medicine recognizes more than 200 individuals in our own state, and whereas certified athletic trainers specialize in the prevention of injury, recognition, evaluation, and aggressive treatment, injury rehabilitation, health care administration, and also help in the effort to educate and guide other athletic health care professionals, and whereas athletic trainers provide a positive impact in our community by working and volunteering in Idaho's professional sports teams, colleges and universities, high schools, clinics, and high schools for the military and other corporate and industrial organizations and, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of March 2006 as National Athletic Trainers Month in the City of Meridian, to promote public awareness of the importance of the athletic training profession and emphasize the importance of quality health care for athletes and those engaged in physical activity. This special recognition to Eric Taylor of Centennial High School, Kelly Nellesen of -- and I'm sorry if I say those wrong -- of Eagle High School, Michelle Graves of Mountain View High School, and Scott Marema of Meridian High School. And I should get that -- and I hope he doesn't deduct a grade off my daughter's report card for that. But congratulations, we appreciate you being here. Thank you. Good luck. Wardle: Madam Mayor, I'd just like to personally thank Eric Taylor, who, ironically, helped fix me up one time when I was a 125 pound wrestler. Councilman Borton didn't believe I was ever that way, but thank you, Eric, very much from my athletic past. De Weerd: You had to put up with him, uh? Taylor: Briefly. Wardle: In a moment of pain. Meridian City Council February 28, 2006 Page 4 of 3D Bird: I'm surprised you recognized him. Item 6: E. G. H. Consent Agenda: A. Approve Minutes of January 31, 2006 City Council / Planning & Zoning Commission Joint Workshop Meeting: B. Approve Minutes of February 14, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ. 05- 055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 05- 057 Request for Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: Development Agreement: AZ. 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP - southwest and northwest corners of North Ten Mile Road and McMillan Road: Temporary Sanitary Sewer I=asement Aareemen~ Middle School by Ventana, LLC: Public Works Bud et Amendment Line Item Transfer for Well Rehabilitation: De Weerd: Thank you. Okay. Item No.6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the Consent Agenda with the movement of Item F to Department Reports and like to add Len Grady just give us some background on that item. Bird: Second. Meridian City Council February 28, 2006 Page 5 of 30 De Weerd: Okay. The motion is to approve the Consent Agenda, removing Item F under 7-D -- or 7-F. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Fire Department - Joe Silva 1. Discussion of Amendment to Fire Code Ordinance: De Weerd: Thank you. Okay. Item 7 under department reports. We will begin with the fire department, Joe Silva. Silva: Good evening, Madam Mayor, Members of the Council. Before you this evening we would like to report back on -- quick before Council the discussion of our open burning ordinance and our air quality ordinance. And what we have done is worked with legal to revise this ordinance in such a manner that it is consistent with the provisions as adopted in the International Fire Code with regards to open burning and also air quality index. What we have attempted to do here, as an overview, is to come in and become consistent with the air quality standards as set forth in our adjacent communities and we have not been consistent with that. Briefly, what we have done in the past is we have allowed open burning up to air quality standards of 74, which our neighboring communities at that point are shutting down wood stoves and fireplaces. So, what we have proposed in this ordinance is, basically, that air quality -- all open burning would cease at an air quality index of 60 and fireplaces and wood stoves would be required to be shut down at an air quality index of 74 or greater. Along with this revision in this ordinance is -- our problem -- our current problem that drove us into revising this ordinance and our open burning ordinance in general was that we were having problems with the burning of trade waste at construction sites, specifically residential construction sites, and it was causing a problem for adjacent residential homeowners who had moved into a given subdivision while construction was going -- continuing on adjacent -- on adjacent houses. And so in this revision we have specifically prohibited the burning of any kind of trade waste at any kind of residential or commercial construction site. Briefly, what they have done is they have burned everything from wood to plastics to glues, wire, anything that may be found around a typical construction site. So, that's our attempt in reworking this open burning ordinance. The open burning ordinance still allows for bonfires, as typically we see at football games, with a permit. It allows for recreational fires in somebody's backyard. It also allows for recreational fires with a diminished clearance of 15 feet to any combustible material or structure, if it's provided in an approved area, specifically, that's an outside or outdoor fireplace. As you would expect, we expected any open burning is in constant attendance by the person who is conducting the burn and they have extinguishing -- proper extinguishing agents Meridian City Council February 28, 2006 Page 6 of 30 available to suppress a fire should it get out of control. So, essentially, that's the revision in a nutshell of the open burning ordinance and the air quality ordinance. At this point I'll stand for any questions if Mayor or Council have any. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think I know the answer, but, Joe, you said no wood burning, but if that's the only heat, we don't stop it, do we? Silva: That's correct. Bird: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. We can set this on the agenda for your consideration, if Council would so desire. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would love to see that brought forward in new context with all the lines scratched out and deleted, so bring it forward on a Consent Agenda, as far as I'm concerned. Or, wait a minute. It's an ordinance. No. Bring it forward. Just bring it forward. De Weerd: Okay. We will bring it forward in a manner that will be final for your consideration. B. City Attorney - Bill Nary 1. ReQuest for Impact Fees for Heroes ~arwest. LLC: De Weerd: Okay. Item 7-B, our City Attorney. He doesn't look like Bill Nary, but he's probably a great substitute. Bird: Much better looking. Baird: Thank you, Madam Mayor, Members of the Council. As you recall a couple of weeks ago, Mr. Nary gave a report and delivered a letter from the Farwest, LLC, which is the developer of the Lochsa Falls Subdivision, regarding a situation for the impact fee reimbursement for the Heroes Park. We were given direction to get in touch with the finance department and find out the amount of impact fees that have been collected Meridian City Council February 28, 2006 Page 7 of 3D from an adjacent subdivision, the Fulfer Sub that was split off. In your packet is a memo indicating that there has been enough impact fees collected from the Fulfer Sub to pay the outstanding balance that would be due to the developer under the development agreement. So, what we are looking for from you tonight is a motion to do just that, is to pay the remaining balance, $120,157.15, according to the letter from Attorney Brian McColl of January 25th, 2006. De Weerd: Okay. Council, any discussion or questions for Mr. Baird? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Baird, is there an amendment to the development agreement needed to do that or is this simply an allocation of the impact fees? Baird: Madam Mayor, Members of the Council, Councilmember Borton, we reviewed the agreement and we don't believe that any amendment would be necessary, because we are merely fulfilling the commitment that was made at that time. There was an ambiguity about where the funds would come from and the timing and by making the payment now we are completing our obligation. De Weerd: Thank you. Did that answer your question, Mr. Borton? Borton: It did. De Weerd: Okay. Any other questions, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion, I move that we approve the paying of $120,157.15 to Farwest, LLC, for the impact fees at Heroes Park. Rountree: Second. De Weerd: Okay. Motion to approve the request. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 28, 2006 Page 8 of 3D C. Mayor's Office 1. Appointment to Meridian Development Corporation: De Weerd: Thank you, Council. Item 7-C. You have in front of you appointment for the Meridian Development Corporation. It's internal. It's a Council appointment. Councilman Shaun Wardle would be taking the term of Councilman Charlie Rountree. That term does expire in August of 2006, to be reappointed at that time. I would give this to Council for your consideration for appointment of Councilman Shaun Wardle to the Meridian Development Corporation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we appoint Shaun Wardle to take Mr. Rountree's place on the Meridian Development Corporation. Rountree: I'll second that. De Weerd: I guess I don't have to ask. Okay. The motion is to approve the appointment of Shaun Wardle to fill the remaining of Councilman Rountree's term to August 2006. All those in favor say aye. Okay. All ayes. Motion carries. Oh, I should do roll call. Yes. Sorry about that. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes. Bird: Does he realize that we do start our meetings at about 7:15 in the morning? De Weerd: I did tell him that it is 7:30. Bird: He's just going to bring his bed down here and stay Tuesday, uh? Wardle: Now, as I understand it, the chair sets the meeting time, right? I would like to thank Councilman Rountree for his work on the MDC and I'll continue to do good things on that board. Rountree: Appreciate it. Wish you well. Meridian City Council February 28, 2006 Page 9 of 30 De Weerd: And thank you, Mr. Rountree. It is sometimes a real sacrifice getting up the day after a Council meeting and make a 7:30 a.m. meeting. It seems like you never leave this chair. So, thank you for doing that. Item 8: Items Moved from Consent Agenda: F. Award of Bid for Pine Interceptor Sewer and Ten Mile Sewer Project to Bodiford Construction, Inc.: De Weerd: Okay. We did move Item F from the Consent Agenda, so I will turn this over to Mr. Grady. Grady: Madam Mayor, Members of the Council, I'm going to discuss an indication of trends to come as far as construction projects. This particular two sections of sewer line, we went out for a formal bid several weeks ago and even after beating the bush to try to get contractors to bid on these particular sections, bid closed with no -- no formal bids received. As far as code is concerned, we are allowed, then, to go solicit bids from individual contractors. The fourth contractor that we contacted was Bodiford and they agreed to give us a bid on that -- on those two particular sections. One up there is Pine Road and the other is the Ten Mile interceptor. The bid -- total bid amount is for 1.7 million dollars, so it's not a -- it's nothing to scoff at, but it's -- in discussions with both Nampa City Engineer and Caldwell City Engineer, they are also having trouble getting contractors to bid. Boise has still been fairly successful, but, again, I think this is a trend that's going to continue with contractors. Basically, it's just a heads up. I think we did follow code, we followed procedures, and we are just asking for approval. De Weerd: Thank you, Len. Mr. Rountree? Rountree: Madam Mayor, I just wanted Len to brief the Council on the situation that we are looking at in public works and public works contracting. This is a new thing for all of us that we don't get bids on a job this size, and it is of such a size that I thought it ought to be brought to your attention and that if and when we do approve it, that the Council votes on the amount, as opposed to a consent item. De Weerd: Okay. I guess I might also suggest -- we have sent a letter to the building contractors in regards to the update of our assessment fees and that sort of thing. I think it would be advantageous to get in front of the developers council and also talk about this challenge, as I think they can be part of the solution, since they are using up all the time of these contractors, that they maybe come to the table and help find solutions to this. If it continues to be a problem, certainly it's going to delay projects. Grady: Agreed. I'll take care of that. Thanks. De Weerd: Thank you, Len. Okay. There is a -- Rountree: Madam Mayor? Meridian City Council February 28, 2006 Page 10 of 3D De Weerd: Yes. Rountree: Having heard that, I would move that we award and approve the award bid for the Pine interceptor and the Ten Mile sewer projects bid by Bodiford Construction in the amount indicated in the agenda item. Bird: Second. De Weerd: Okay. Motion to approve the award of bid for Pine interceptor sewer and Ten Mile sewer project to Bodiford Construction. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: FP 06-004 Request for Final Plat approval of 60 single-family residential building lots and 4 common lots on 23.9 acres in a R-4 zone for Bridaetower Crossina Subdivision ~ by Primeland Development, LLP - north of West Ustick Road and west of North Linder Road: De Weerd: Thank you. Item 9 is FP 06-004. Anna. Canning: Madam Mayor, Members of the Council, this is for Bridgetower Crossing Subdivision No. 14 and we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the final plat for FP 06-004, Bridgetower Crossing Subdivision No. 14. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 05-050 Request for Annexation and Zoning of 5.0 acres from RUT to R-4 zone for Reserve Subdivision by Dave McKinnon Meridian City Council February 28, 2006 Page 11 of 30 with Conger Management Group, Inc. - west of North Locust Grove Road and south of Chinden Boulevard: Item 11: Public Hearing: PP 05-051 Request for Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres in a proposed R-4 zone for Reserve Subdivision by Dave McKinnon with Conger Management Group, Inc. - west of North Locust Grove Road and south of Chinden Boulevard: De Weerd: Okay. I will open up the public hearings on Item 10 and 11. AZ 05-050 and PP 05-051. With staff comments. Anna. Canning: I'm sorry, Madam Mayor, I seem to -- all right. Here we go. Okay. Sorry about that. Madam Mayor, Members of the Council, this is Reserve project. It's located on the west side of Locust Grove Road. You can see the blue outline there. Approximately a thousand feet south of Chinden Boulevard. Just to orient you, the school is immediately to the north, along with some one acre lots. This is a proposed project and, then, the ones that are in color are approved preliminary plats. This was the -- Mr. -- this is Leeshire Subdivision. I can never -- Mr. Grant or Mr. Lee. But it was one of those fellows. So, this was -- this actual project was denied and we have not seen any movement on that property, but just to give you a feel for some of the preliminary plats that have been approved in the area or that are proposed. And this is another proposed one. This is a request for annexation and preliminary plat approval. The gross residential density is 2.4 units per acre. There are 12 building lots proposed and five common lots on five acres with R-4 zoning. I'm sorry, I just realized, this blue line is incorrect. It's only half this property. So, it's just the half that fronts Locust Grove. We do have some elevations for you. I'll show you the subdivision. So, here is Locust Grove. Pretty straight forward design. Large lots. The aerial again with the preliminary plats on them. Okay. So, those are the elevations. The Commission recommended approval at their January 19th, 2006, hearing. Dave McKinnon spoke in favor. No one spoke in opposition and no one commented. The key issues of discussion by the Commission were street connectivity in the area, current and past ownership of adjacent parcels -- and I'll get to those two others -- those first two in a moment. The density. Some fencing issues. Availability of city services. And a turnaround for Commander Street. The key Commission changes to staff recommendation is -- the primary one is that staff initially recommended denial of the project and the Commission voted three-two to approve the subject development. Let me explain why staff had originally proposed denial. The project itself is -- as a stand-alone development is quite nice. It's larger lots. It's a simple layout. It's clean. And it's a nice development. The issue becomes with those first two key issues of discussion by the Commission and the street connectivity in the area and current and past ownership of adjacent parcels. Mr. Centers, who is developing the project that's before you tonight, also developed this property just to the west and as that application was going through, we asked for 60 feet of frontage adjoining what was, then, a nine acre parcel owned by Mr. Centers. He came in before he presented the application that's before you tonight and had discussed his concerns with that 60 foot of -- it's kind of a parallel frontage -- it's kind of a parallel Meridian City Council February 28, 2006 Page 12 of 3D stub. It's not a traditional stub like we see, but the intent was to stub to that property and get an east-west connection through the area, because one is lacking. The one on Leeshire, as I mentioned before, that development did not go through, so currently we have all of Saguaro Canyon development and now a new application that all goes north- south, but nothing going east and west and we felt that that was very key to planning for this area and the future development of the area. It's a unique one. Again, we have two very long properties to the south of it that are going to be difficult to redevelop individually. They will probably get picked up together to develop, but that may take some time. So, in the interim this is really our key, this project, this nine acre project as it originally came in was our key to getting some east-west connections in the area. That original proposal, once the Ada County Highway District told them that they needed to connect to that stub street, they withdrew that application. They later brought in a subsequent application on -- let's see, it was an eight lot subdivision on four acres and those four acres -- there is kind of a one acre lot here that was an out parcel. I think you can see it more -- a little bit on this one, although it's difficult to see. They brought that one. We, again, raised these issues of concern with connectivity of the street to the stub street and kind of dividing off the back half of this property just to prevent the east-west connection. That application was withdrawn. They came in with the one acre parcel now and have a cleaner plat and, as I mentioned, it is a nice, clean, simple plat, except we still don't have the east-west connection. So, as I have discussed with the Council before, my concern is not only that it meets the code requirements, but that we do plan for the future and we don't set ourselves up for problems in the future and I really believe that by only bringing in a portion of this property at this time that we do set ourselves up for a lot of issues of concern regarding this property to the west. They are having to bring, I believe, water service through that property to serve this development, so there is clearly a relationship there still, because they are bringing services through there and so staff's concern is that it may not be in the best interest of the city to annex this property at this time. And with that I will answer any questions you may have. De Weerd: Council, do you have any questions at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, from the graphic that you have up there, it doesn't appear to me that there is any east-west connectivity possible with the plat that you show and that one R-8 subdivision. Canning: This is what they are proposing now, so this is half the property, and this would have to swing up and connect -- it would come through here and, then, it would need to swing up and connect right at that point, if I can hold my pen steady enough. There is 60 feet of frontage there on this larger property and that was specifically put there as a stub street to this property at the time of approval and it was an issue of discussion. Meridian City Council February 28, 2006 Page 13 of 3D Rountree: Thank you. De Weerd: Okay. Any other questions at this point, Council? Okay. Is the applicant here? If you will, please, state your name and address for the record. Dinsmore: Sure thing. My name is Jason Dinsmore; I'm with the Land Group. De Weerd: Thank you. Dinsmore: Do you need more than that? De Weerd: Just your address. Dinsmore: 462 East Shore Drive in Eagle. I'm not Dave McKinnon. He couldn't make it tonight and he asked that I come in his place. Rountree: You're a lot bigger than -- Dinsmore: You noticed that, did you? I'm taller. De Weerd: First thing I noticed. Dinsmore: Yeah. I had to move the microphone. It gave it away. Staff has done a nice job of describing the subdivision, the Reserve project. Like she said, it's an annexation of five acres to provide 12 building lots and five common lots. One of the concerns that was brought up at the Planning and Zoning Commission was that the density was slightly less than what's recommended by the city's Comprehensive Plan. That's really a design limitation of the dimension of the property. It's not -- it's just too long north to south to allow us to tighten up the lots and get the density to the point where the Comprehensive Plan would recommend. We think that because of Dunwoody across the street, some of the other large lot developments in the area, it makes an effective transition to have slightly larger parcels in this portion of the city. As that transition goes, they are not by any means humongous parcels by comparison to Arcadia or some of the others; they are kind of just transitional density. The staff report also goes into great length about previous applications and we are pleased that we have learned as much as we have as we have worked through the planning process with ACHD and the city about interconnectivity in the area, about that north-south versus east-west connection that was discussed and the two previous applications that were withdrawn, we have chalked those up to learning experiences. The application that you have now does two things that the previous ones hadn't and it sets the stage for providing that future connectivity. Staff's comments this evening said that she thought it was important to plan for the future and to not set up problems. The layout of the Reserve Subdivision -- if you could go to that slide, Anna? Like she said, it's very clean. It's extremely efficient and it doesn't hamstring the city in any way to require future development, either to the south or on the five acre parcel to. the west to provide any kind of Meridian City Council February 28, 2006 Page 14 of 3D interconnectivity that Council deems appropriate at the time that those develop. So, I think that the layout and interconnectivity that's been provided there really does set the stage for future planning, although I have to admit it doesn't completely close the gap at this point, any future development in the area can establish that east-west connection. Of course, in the interim, the Leeshire Subdivision has now been proposed and it also assists in that east-west interconnectivity through Saguaro, Arcadia, this whole area here and provides a better access point onto Locust Grove than Reserve would have by being closer centered on the half mile between Chinden and McMillan. Finally, the Reserve Subdivision -- this iteration, finally, the third revision, has incorporated the one acre out parcel that we weren't able to incorporate before and so has consolidated access points onto Locust Grove. So, instead of having the Reserve's road and the one acre out parcel both taking access in a relatively short distance there on Locust Grove, we have pulled those together now and we are able to reduce the overall conflict points on that -- on that street. That's the summary of my comments. Does anyone have questions that I could help with? De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Dinsmore: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? If you will, please, state your name and address. Piper: Okay. Jessica Piper. 2018 Waterfall, Meridian. De Weerd: Thank you. Piper: Okay. I don't think you should approve this, because if you think of like what is in that area of like a Fred Meyer, which is like way down on -- whatever that road is, and there is just that one thing that's out there, like people -- like convenience, just inconvenience people who are living out there, they have to drive all the way and that just makes the road hazards. So, yeah. De Weerd: Okay. Thank you very much. Is there any other public testimony? Okay. Any final comments by the applicant? Council, any additional information needed on this application, on Items 10 or 11? Bird: I have none, Mayor. Rountree: I have none. Meridian City Council February 28, 2006 Page 15 of 30 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have a question of Mr. Silva, actually, if I could ask that. With regards to the roundabout on this project in general -- I know there was some discussion at the Planning and Zoning about the roundabout and preventing parking on it. I don't know the dimensions on this in particular. Are there any concerns with the fire department on its design and the department's ability to maneuver around that? Silva: Yeah. This particular one -- do you have the dimensions on that? Typically, what we try to do is maintain a 20 foot fire lane with a turning radius of 28 and 48 to maneuver -- to enable us to maneuver large vehicles around those roundabouts. Our experience with the roundabouts have been somewhat limited basically to Meadow Lake Village, is one of the only ones I can think of immediately that comes to mind. So, our experience has been somewhat limited with the roundabouts, but they seem to be working well. We attended a workshop where they had, actually, one set up at the Idaho Center and it seemed to -- it slowed you down a little bit, it didn't prohibit, you know, the movement of large vehicles through it. So, as long as we have a 20 foot wide net opening there, you know, of any vehicle that may be parked at the curb, we should be fine. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, does this particular design, does it -- is it conditioned upon there not being any vehicles parked on the roundabout at all or even if there are vehicles would you still be able to maneuver around it? Silva: If I could just take a moment. Borton: Sure. Silva: Mayor de Weerd, Councilmember Borton, there would be no parking on that, because we are showing that a clear width driving surface of 25. We don't allow anything with parking with anything less than 29. So, there would be no parking in that roundabout area. And that probably was called out in the staff report. Borton: Okay. Thank you. De Weerd: Anna or Joe, are those in the Findings? We would want to verify that. Dinsmore: Madam Mayor, we wouldn't be opposed to a condition of approval, if it's not in there already, prohibiting parking in the roundabout. Meridian City Council February 28, 2006 Page 16 of 3D De Weerd: Okay. Thank you. Okay. So, it is 3.17 -- or 3.7. So, you do have it, then? Silva: Madam Mayor, Council member Borton, yes, we do have it in there. De Weerd: Okay. Thank you, Joe. Appreciate the applicant's comments. Okay. Anything further? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more comment, I move we close the public hearings on AZ 05-050 and PP 05-051. Rountree: Second. De Weerd: Okay. We have a motion to close the Public Hearing on Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.1 0, the annexation for Reserve Subdivision, AZ 05-050, and with the approval of Findings of Facts. Bird: Second. De Weerd: Okay. Motion to approve Item 10. Is there any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd. Okay. Item 11. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council February 28, 2006 Page 17 of 3D Rountree: I move that we approve the preliminary plat for Item 11, PP 05-051, Reserve Subdivision. Bird: Second. De Weerd: Okay. Bird: That was with the Findings, too, right? Rountree: And the Findings. De Weerd: Motion to approve Item 11, in addition to the Findings. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Item 13: Item 14: Public Hearing: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for EliensburQ Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: Public Hearing: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: Public Hearing: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi-family residential units with a request for reductions to the street frontage requirements for Ellensbura Subdivision by Centennial Development, LLC - northwest corner of North Ten Mile Road and West Pine Avenue: De Weerd: Okay. Public Hearings 12, 13, and 14 are AZ 05-051, PP 05-052, and CUP 05-047. I will open these three public hearings with staff comments. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before staff starts, I believe these are the three they wanted to be continued. If the clerk has either the 7th or 14th, which day do you want it? President. Clerk. Mayor. Whoever. Rountree: Somebody decide. Meridian City Council February 28, 2006 Page 18 of 30 Bird: Just decide. De Weerd: You have the agendas in front of you. Wardle: Madam Mayor, Councilman Bird, I have the agendas in front of me. De Weerd: They are very lengthy. Wardle: If those are my only -- Bird: No. No. Let's go to the 21 st if we have to. Wardle: The 21 st is much more -- Bird: Is that okay, Anna? Anna, is that okay? Canning: Yes, sir. Bird: Okay. Is the 21st okay? Wardle: Yes. Bird: Madam Mayor, with that I would move that we continue public hearings AZ 05- 051, PP 05-052, and CUP 05-047, to March 21st, 2006. Rountree: Second. De Weerd: Okay. Motion to continue Items 12 through 14 to the 21st of March. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. - north of East Ustick Road and west of North Locust Grove Road: Item 16: Public Hearing: PP 05..063 Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. - north of East Ustick Road and west of North Locust Grove Road: De Weerd: Okay. Items 15 and 16. I will open the Public Hearings on AZ 05-063 and PP 05-063 with staff comments. Meridian City Council February 28, 2006 Page 19 of 3D Canning: Madam Mayor, Members of the Council, this is the Quenzer North project and it's located off of Locust Grove, a little ways back off of Layfield Drive, and it currently has a rural residence and a portion of it was previously platted -- annexed and platted as Lot 10, Block 13, of Quenzer Commons Subdivision No.9. So, we are putting together a couple pieces here. It is an annexation and a preliminary plat request. This is the portion that was previously platted. This triangular portion at the south end of the property. And, again, that was -- that was actually platted as an open space lot in that Quenzer Subdivision No.9 and they have received alternative compliance for developing a portion of that property as a roadway, so they had the option to ask me at least that much and we have approved some alternative compliance to build a portion of a -- as a roadway. They have not received approval for a building lot, as they are showing here. So, this one gets a little messy in that you have got an open space lot from a previous plat, being used as a developable lot in this plat. And that was part of the Commission discussion on the January 19th hearing, where they did recommend approval. Jay Walker spoke in favor of the application that night and Mr. Mike Sweet spoke in opposition. Again, the key issues of discussion by the Commission was the percentage of the site dedicated to landscaped open space and the loss of the open space lot from the previous phase of Heritage Commons. The key changes to staffs initial recommendation were to add a condition that stated that Lot 6 and Lot 16 would be restricted to single family homes. So, let's see, here is 16 and here is six. So, the ones at the north end of the property. And adding a condition that stated that vinyl fencing shall be installed by the applicant on the north and east boundaries of the subdivision. North and east. And amend the last bullet of the development agreement to state that horses shall only be allowed on Lot 7, Block 31, the large lot. And the livestock would cease to be housed on that lot either, one, on the vacancy of the property by the current owner Vanessa Klaus or, two, the lifespan of the current horses on the property, whichever occurs first. So, basically, it would be no new horses would be added to the property. And that's because our ordinances don't allow for horses -- or we don't have a provision for that in the city. So, that's where those provisions came from. To our knowledge, there are no outstanding issues before Council. You do have Findings for approval before you tonight. I would note that the motion should include for staff to amend the development agreement as proposed, if that's the way the Council wants to go. And with that I will answer any questions you may have. De Weerd: Council, do you have any questions for staff at this time? Bird: I don't at this time, Mayor. De Weerd: Okay. Thank you. Is the applicant here this evening? The applicant's not here. Canning: Oh. Oh. De Weerd: Our applicant changed faces once again. You don't look like David Turnbull, just like the other guy didn't look guy Dave McKinnon. If you will, please, state your name and address for the record. Meridian City Council February 28, 2006 Page 20 of 30 Centers: Jake Centers, 1979 Locust Grove. De Weerd: Thank you. Centers: And I was here on another matter, but I am one of the builders involved in the Heritage Commons community and I think there may have been a mishap with Brighton not being here. So, if it's okay with you, I would fill in on their behalf, if it's needed to continue this hearing. De Weerd: Okay. Appreciate that offer. Council, now is your opportunity to grill him. Rountree: Yeah. We can really have fun with him. It's not often you do this to yourself. Centers: Would just like to see the project move forward without delay and I'm sure David would be okay with it. De Weerd: Okay. Well, thank you. I'm sure he received a copy of the Findings. Can you answer on his behalf? Is he in agreement? Centers: I'll take a shot and say yes. De Weerd: Maybe we should add a few. Do we have any letter in the file, Anna, perhaps? Centers: I was at the P&Z hearing on this as well, so I'm somewhat informed on what those discussions were. Canning: Madam Mayor, I don't have anything in the file. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Mr. Baird, is it an option -- I mean can you proceed forward or can the applicant be bound by concessions -- Baird: Madam Mayor, Members of the Council and Councilmember Borton, I think even without Mr. Centers' testimony you have the option to proceed tonight. It's been duly noticed. Just from my personal observation, Mr. Turnbull's matters are usually set at the end of the agenda and he may not have known that Ellensburg wasn't going to be heard tonight. He might be on his way. So, one option for you might be to see if there is anybody who wants to speak in favor or in opposition and continue the matter until after your executive session, on the off chance that he gets here and you can ask him if Meridian City Council February 28, 2006 Page 21 of 30 he has any objection. That's only one option. The other option is to proceed with your decision without him. De Weerd: Thank you, Mr. Baird. Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weent Mr. Rountree. Rountree: I would suggest that we take further testimony and continue and keep the hearing open until after our Executive Session and at that point take appropriate action. De Weerd: Okay. Centers: Yeah. That's fine. I will, actually, go and try and contact him and see if he's done with his nap and -- Baird: Madam Mayor? De Weerd: Thank you, Mr. Centers. Yes, Mr. Baird. Baird: And Members of the Council, on the off chance that Mr. Turnbull is out of town, perhaps Mr. Centers could specifically inquire if he has any objections to the staff recommendations, so that we can at least have him give hearsay testimony about what he would have said if he were here. Centers: I guess that was my main question, if there weren't any questions of the applicant, you know, if it was good with -- Canning: Madam Mayor? De Weerd: Yes. Canning: This happened once in the past and I think what the end result was was the Council took action and put off approving adopting the Findings until the next week to give the applicant an opportunity to request reconsideration of those Findings. I think that's how we did it last time. Just as an option. We are -- Mr. Silva is trying to contact Mr. Turnbull right now, so -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would have no problem acting upon this right now, because if there was some problem, somebody would be here. I mean he would be here. Meridian City Council February 28, 2006 Page 22 of 3D Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Certainly, I think it's pertinent at this time to see if there is anyone else that would like to offer any additional testimony and, then, we can, at the end of our discussion, see if we want to go any further, continue the hearing, or what we want to do. De Weerd: Okay. Thank you. Okay. Is there any testimony on this application? Please come forward. If you will, please, state your name and your address. Graham: Laird Graham. 4191 North Locust Grove Road. De Weerd: Thank you, sir. Graham: And perhaps this is not necessary. I think staff just misspoke themselves. On Lot 6, Block 31, Lot 16, Block 13, they said restricted to single family homes. It should have been restricted to single story homes. Canning: That's what I meant. I'm sorry. It says single story right here. If I said single family, I apologize for the confusion. De Weerd: Thank you for that clarification. It is in our written documents. But I would be clarifying that myself, too. Okay. Any further testimony? Okay. Seeing none, Council, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree with Mr. Rountree's suggestion, that we sort of reset the matter to the end of the Executive Session to see if Mr. Turnbull is going to arrive and take it up then. De Weerd: Okay. We can continue this to the end of our agenda. Bird: Do we need a motion? Rountree: If that's a motion, Joe, I'll second it. Borton: That's a motion. De Weerd: Okay. There is a motion to continue Items 15 and 16 to after our Executive Session, No. 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council February 28, 2006 Page 23 of 30 Item 17: Ordinance No. 06-1215 : AZ 05-040 Request for Annexation and Zoning of 312.67 acres from RUT to C-G, L-O and R-4 zones for Volterra Subdivision by Primeland Development, LLP - southwest and northwest corners of North Ten Mile Road and McMillan Road: De Weerd: Okay. Do we have an ordinance number for Item 17? Bird: 06-1215. De Weerd: Okay. Mr. Berg, will you, please, read Ordinance No. 06-1215 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1215, an ordinance for annexation of property located in the south one half of Section 27 and the north one half of the northeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G, L-O, and R-4 in the Meridian City Code, providing that copies of the 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. Is there any one who would like to hear it read in its entirety? Seeing none, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 06-1215, with suspension of rules. Rountree: Second. De Weerd: Okay. Motion to approve Item 17. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 28, 2006 Page 24 of 3D Item 18: Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Okay. Item 18 is an Executive Session per Idaho State Code 67-2345(1) (c). Do I have a motion to adjourn into Executive Session? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn to Executive Session per Idaho Code 67-2345(1) (c). Bird: Second. De Weerd: Okay. We have a motion to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, 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: Okay. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Okay. Items 15 and 16, we moved below Item 18. Oh, are you the applicant? We do have public testimony. If you will please step forward and state your name and address for the record. Item 15: Public Hearing: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. - north of East Ustick Road and west of North Locust Grove Road: Item 16: Public Hearing: PP 05-063 Request for Preliminary Plat approval of 12 building lots and 1 common lot on 5.47 acres in a proposed R-8 zone for Meridian City Council February 28, 2006 Page 25 of 3D uenzer North Subdivision by Brighton Development, Inc. - north of East Ustick Road and west of North Locust Grove Road: Walker: Mayor and Council, Jay Walker with Brighton Corporation. I apologize for my tardiness. You are very efficient tonight. I reside at 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. De Weerd: Thank you. Walker: Thank you, Mayor. I agree to the conditions of the staff report with exception of one of the items that the previous owner or current owner that will be the previous owner here in a few days that had asked me to bring out the gnats. Under annexation analysis of the staff report it states that the horses shall only be allowed on Lot 7, Block 31. It is the livestock clause and it says that the livestock shall cease to be housed on said lot upon either one vacancy of the property by the current owner, Vanessa M. Klaus or two the life span of the current horses on the property, whichever occurs first. Then it says no new horses shall be added to the property. Now, horses are the livelihood of this Vanessa Klaus and she would desire that this being grandfathered in that she would be able to maintain livestock or horses in this case. It is not cattle or sheep, but she would like to have the horses and if one were to die she would like to be able to replace that. She is asking or through me has asked me and I have given my word to present this tonight that that second clause be scratched. I noted that on the following page, page seven of the staff report the livestock, number one we didn't properly strike through - I think that it was located in three places of the staff report, but the current owner or January 1, 2010 whichever occurs first, we were going to strike through January 1, 2010 and omit that. Then obviously under, let's see, annexation comments on page or under Exhibit B, conditions of approval point "b", 1.1 annexation comments again on the last bulleted item of 1.1 it does again state that livestock shall cease to be housed on said lot upon either one vacancy of property to the current owner, Vanessa M. Klaus or the desired strike through the lifespan of the current horses on the property. Now, Mayor and Council I really don't see this being a really big issue. I am not sure how you track that anyway. I don't know how you would tell whether or not she brought in a new horse if one died. De Weerd: We have horse counters. Walker: But, if there is a way - I mean other than that small issue there we are certainly in agreement with everything that the staff has presented. De Weerd: We could ask the queen. Canning: Madame Mayor, Council you mentioned something about a date, but I don't - can I ask the applicant where that was again? Walker: It was on page 7, under livestock, you know it's the clause that we intended to have grandfathered in as she was annexed into the city. Meridian City Council February 28, 2006 Page 26 of 30 Canning: I understand now, thank you. Madame Mayor, members of the Council, this is a condition that the Planning and Zoning Commission did add after staff's initial recommendation. Staff's concern is that this is a - it's not really a non-conforming use. A non-conforming use would be one where you have decided to go annex the property without their consent and they are asking to continue a use. This is a little different. This is someone who desires to sell off a portion of their property and the Mayor keeps on laughing at me, so I have take off my hat because I can't stop laughing. De Weerd: Well, we are trying to figure out the butter commercial. Canning: Imperial Margarine. De Weerd: Sorry, we get a little rummy after Executive Session. That is why we put it last on the agenda normally. Canning: This is a little different in that it is not a non-conforming use. They are asking to be annexed into the city with this livestock, which really aren't accounted for except as non-conforming uses. So, they are not really a non-conforming use, but they are asking for those provisions to be applied to them. I think that the applicant is right, we probably are not going to go take pictures of the horses and if someone swapped out horses, we probably wouldn't know. I think maybe a reasonable compromise to completely striking number two would be to limit it to three horses on the property at any time, which I believe is what they have currently. Walker: I am not certain exactly if that's the case, it may be even less than three, but I wish she were here. She was going to be here this evening, but- Canning: Well, the intent would be I think to at least to limit it to what is there currently. Walker: What number of horses are there? I think she would be agreeable to that. As long as she was able to maintain the current number of horses that she owns and maintains on the three acres, I really think that that would appease her. If it is her livelihood and something that she very much enjoys and one of them passes away, I think she would desire to replace it and has the facilities and spent money to relocate some of the horse stalls that would house those horses and if she were able to replace it and utilize the facilities that she has built up over the years that would be, I think, very much appreciated by her. De Weerd: Okay, Council any questions, comments or additional information that you need on this? Rountree: Madame Mayor I have a question on this in why it is necessary to annex this large lot. It doesn't seem to provide a substance to the application? Meridian City Council February 28, 2006 Page 27 of 3D Canning: Madame Mayor, members of the Council and Council member Rountree, we have diligently fought to bring in the entire property when a property comes in. This one it's pretty clear to see that when Ms. Klaus wants to sell how things would be extended in the future, but a lot of times it's the one acre parcel, you know the one house lot where they don't want to come in and annex and then we have a hole in urban fabric there that we are trying to fix. That is why they have been included now. De Weerd: Council has been pretty clear to staff that in these situations that they are not looking to create the Swiss Cheese enclave situations and so they just have been - Bird: Madame Mayor can I ask Mr. Walker a question? I don't know if he can answer it. I believe in the past the Council has done something like this with animals, but once they either were sold or passed away or something, they weren't replaced. Do you think that would be or are we also limited? Say, if you have four of them now, that is all you have is up to four or something like that. Is that satisfactory with staff? Canning: Did -- the way that the condition is written right now that we are proposing be added to the development agreement is to tie that to one when the current owner vacates the property, so when she sells and two or whichever occurs first if those animals die. I think what Mr. Walker is asking for is that instead of when the animals die, she be allowed to - if one of them dies or she has to sell one of them or whatever that she be allowed to replace that one? I don't think that she would be looking to increase the number of animals on site. Bird: Well, we have done it both ways as I recall - maybe, or Mayor do you remember or Mr. Rountree or Will? We have done it both ways whether, you know we set the limit at what they have got now or we have had replacements or we have had it when they go they don't get replaced, so whatever would be your preference. Canning: Well, I think the owner, Ms. Klaus' preference would be just to limit it to however many are there currently and I think that is fine. This was the first time this issue has come up since I have been at the city, so we didn't know where to go. So, that helps to know some of the history, Mr. Bird, thank you. De Weerd: Any further? Walker: No, I appreciate you hearing that concern of hers and I think she would be agreeable to that. Canning: Madame Mayor? De Weerd: Yes, Anna. Canning: Regarding the one date that is in there that's in interests in analysis section, it's not in the conditions of approval. The other correction or the other one in Exhibit B, where it talks about the one that we are talking about tonight. I don't know that you Meridian City Council February 28, 2006 Page 28 of 3D would need new findings, I think you just need to direct the attorneys to modify that development agreement provisions because we won't actually enforce the annexation comments. They are not conditions of approval, they are just comments. If the Council wants to make a change to that one development agreement provision, I think your findings are okay. We could also do new findings. I just offer that option. De Weerd: Anything else Council? Bird: I have none Mayor. Walker: Thank you and again I apologize for keeping you later than - staff and Mayor and Council - De Weerd: It was suggested that this was probably a lot faster than you are normally used to. Okay, Council, I have two public hearings that are open, would you like move to close them? Bird: Is there anybody else that wants to testify? De Weerd: Is there anyone else that would like to testify? Bird: Hearing nobody, Madame Mayor I move we close AZ 05-063 and PP 05-063. Borton: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion? Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I will try this. I hope I am right. I move we approve AZ 05-063, the request for annexation and zoning for Quenzer North Subdivision by Brighton Corp and also the findings, but on the development agreement to have the attorney draw up to change the development agreement that no more animals that are on the property as of March 1, 2006 can be added to that property. Rountree: Second. Canning: Madame Mayor, can I ask for a clarification? De Weerd: Uh-huh. Meridian City Council February 28, 2006 Page 29 of 3D Canning: Would that be the only provision or would you also limit it to the owner - are you modifying number two or are you replacing one and two with that? Bird: I am modifying that - oh, when Vanessa, if she was to move then it is not grandfathered? Canning: Yes. Bird: I would include that in my motion, if the second would agree. I have no problem with that. I hadn't crossed that off. I'd crossed the other back part off. Rountree: I would agree with that. Borton: So, it's not grandfathered? Bird: If she moves, it is not grandfathered. The animals leave too. De Weerd: Oh, that is so sad. Any discussion? Mr. Berg, will you call roll? Roll-Call: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye. ALL AYES. MOTION CARRIED. De Weerd: Okay, PP 05-063. Bird: Madame Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve PP 05-063 and include the findings. Rountree: Second. De Weerd: Okay, you heard a motion to approve. Any discussion? Mr. Berg? Roll-Call: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye. ALL AYES. MOTION CARRIED. De Weerd: Thank you. That ends our agenda. I would entertain a motion to adjourn. Bird: So moved. Meridian City Council February 28, 2006 Page 3D of 30 Rountree: Second. De Weerd: Okay, all those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:46 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR T .j I If-I tl6 DATE APPROVED