Loading...
HomeMy WebLinkAbout2006 04-25 Meridian City Council Meetina April 25. 2006 The regular meeting of the Meridian City Council was called to order at 7:28 P.M., Tuesday, April 25, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, Ron Anderson, Len Grady, 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: Okay. I will go ahead and open the City Council meeting. It is Tuesday, April 25th. It is almost 7:30. We apologize for the late start. We will begin our meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is our pledge of allegiance. We will be led tonight by some seniors from Meridian High and they will introduce themselves before they set us off in the pledge. Atkinson: I'm Jessica Atkinson. Warren: Danielle Warren. Tindall: My name is Kathryn Tindall. Mecham: James Mecham. De Weerd: Thank you. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Now, in addition to your extra credit, I do have a City of Meridian water tower pin. Thank you for leading us tonight. Thank you. You should get extra extra credit for that. Okay. Item No.3 is our community invocation. We will led tonight by Meridian City Council April 25, 2006 Page 2 of 43 Joe Anderson with Cole Community Church. If you will all join us in the invocation or take this as an opportunity for a moment of silence. J. Anderson: Father, we honor you in heaven above, for you have granted us this life, have blessed us by providing for our basic needs, have given us the ability to have a relationship with you and to serve you through Jesus Christ, our Lord. Psalm 1 :1-3. Blessed is the man who does not walk in the counsel of the wicked or stand in the way of sinners or sit in the seat of mockers, but his delight is in the law of the Lord and on his law he meditates day and night. He is like a tree planted by streams of water, which yields it fruit in season and whose leaf does not wither. Whatever he does prospers. Thank you for honoring our paths of righteousness. You are a just God and our light guide. Psalm 23. The Lord is my shepherd. I shall not want. He makes me lie down in green pastures. He leads me besides quiet waters. He restores my soul. He guides me in paths of righteousness for his name sake. Even though I walk through the valley of the shadow of death, I will fear no evil, for you are with me. Your rod and your staff, they comfort me. You prepare a table for me in the presence of my enemies. You anoint my head with oil. My cup overflows. Surely goodness and love will follow me all the days of my life and I will dwell in the house of the Lord forever. Be our shepherd and take care of us as we serve. Bless this great City of Meridian with your protection and provision, especially those who are defending our freedom and way of life at home and abroad, from various threats. These are our firefighters, policemen, and our armed forces. Bless them and honor them for their seNice and help them to feel your still, calm presence nearby. Be now with Mayor De Weerd, our City Council Members, and the members of the staff of the City of Meridian. May your heart be on their minds, your graciousness in their words, and your righteousness and love in their actions. Proverbs 16:9. In his heart a man plans his course, but the Lord determines his steps. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Mr. Anderson. Item No.4 is adoption of the agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have several changes. On the Consent Agenda, Item 5-N is to be deleted. On our regular agenda, Item No. 19 is to be moved to immediately following Item No.8. And Items 17 and 18 have asked for a continuance to May 9th. And with that I move we adopt the revised agenda. Borton: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council April 25, 2006 Page 3 of 43 Item 5: G. H. I. J. K. Consent Agenda: A. Approve Minutes of April 11, 2006 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: PP 05- 058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN-R and C-C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 05-051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 05- 061 Request for Annexation and Zoning of 9.55 acres from RUT to C-G zone for Una Mas by Una Mas, LLC - 3475 East Ustick Road: F. Resolution No. 06-515 Authorizing Donation of Surplus Computer EQuipment to Meridian Boys and Girls Club: Resolution No. 06-516 Revising the HirinQ and Recruitment Policy (2-1-6) of the City of Meridian Police Department Policy and Procedures Manual: Resolution No. 06-517 : Ratifying Council's Approval of the BuildinQ Department Fee ChanQes for Re-Inspections; Temporary Power Poles I Construction Services; Residential Electrical Permits; and Hot Tubs, Swimming Pools and Other Spas: Water Main Easement AQreement for Marcon Office and Shop with Martin Swigert, LLP: Sanitary Sewer and Water Main Easement AQreement No.1 for Centerpointe Subdivision with WH Moore: Sanitary Sewer and Water Main Easement AQreement No.2 for Centerpointe Subdivision with WH Moore: Meridian City Council April 25, 2006 Page 4 of 43 M. o. P. Q. R. L. Water Main Easement Aareement No.3 for Centerpointe Subdivision with WH Moore: Sanitary Sewer and Water Main Easement Aareemen~ Subdivision with WH Moore: Award of Bid for Parkway Subdivision Pressure Irriaation Interconnect to Mike Rice Construction: Approve Beer. Wine. and Liquor License Renewals: Albertson's #164 - Beer & Wine Albertson's #180 - Beer & Wine Andrade's - Beer & Liquor Double D Home & Ranch - Beer & Wine Epi's A Basque Restaurant - Beer & Wine Fiesta Guadalajara - Beer & Liquor Jack in the Box Quick Stuff - Beer & Wine Johnny Carino's Country Italian - Beer & Liquor Louie's Pizza & Italian Restaurant - Beer & Liquor Red Robin - Beer & Liquor Sa Wad Dee Thai Restaurant - Beer & Wine St. Lukes Medical Center - Beer & Wine Smokey Mountain Pizza & Pasta - Beer & Wine Texas Roadhouse - Beer & Liquor Tony Roma's - Beer & Liquor Temporary License Aareement with ACHD for Gateway Art Project: Contract Agreement for Consulting Services for a Classification and Compensation Project to Provide Professional Human Resources Consultative Services between the City of Meridian and BDPA, Inc.: De Weerd: Okay. Next item. Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we adopt the revised Consent Agenda with the deletion of Item N. Rountree: Second. Meridian City Council April 25, 2006 Page 5 of 43 De Weerd: Okay. The motion is to approve the Consent Agenda with the change as noted. Any discussion? Bird: And the clerk to attest. De Weerd: Is that Mayor to sign and Clerk to attest? Wardle: That is for the Mayor to sign and the Clerk to attest. And Resolution No. 06- 515, 06-516, and 06-517, Item F, G and H. De Weerd: Okay. Thank you, Mr. Wardle. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Fire Department - Ron Anderson 1. Budget Amendment for Regional Fire Act Grant to Purchase 700mhz Vehicle Radios: 2. Budget Amendment for Fire Act Grant to Purchase Handheld Radios, S.C.B.A, Fire Shelters and Fitness Evaluation Equipment: 3. Budget Amendment for Idaho Fire Chief's License Plate Grant used to Purchase Audio I Visual Equipment for Fire Safety Center: 4. Budget Amendment for Homeland Security Grant to Purchase Critical Infrastructure Protection; Security Gates for Wastewater Treatment Plant, Night Vision Goggles for Police Department and Lock Security System for Fire Department Vehicles: 5. Budget Amendment for Full Time Public Education Specialist: De Weerd: Thanks. Item 6. Our Department Reports. We will start with Chief Anderson with the Fire Department. Anderson: Thank you, Madam Mayor and Council. What I have tonight is a request for five budget amendments. We have been saving them up for you all year, so we could hit you at once. Fortunately, four of these are for grants that we have received and a Meridian City Council April 25, 2006 Page 6 of 43 couple of them require some matching funding. So, I guess I ask for a point of procedure. Do you guys want to take these one at a time and vote on them or all at once or how do you want to do that? Rountree: Madam Mayor, take them all at once. Bird: Take them all at once. Let's go. De Weerd: Okay. Anderson: Okay. The first one is a request to amend our budget. We applied for a regional fire grant, along with Boise fire, for the purchase of vehicle radios. This will accommodate the new 700 megahertz radio system that is being installed in the Ada County dispatch and should be up and operational this fall. That change out to the 700 system requires that we purchase all new radios for all of our fire trucks, as well as hand-held radios. So, this grant is in the amount 55,250 dollars and it requires a 20 percent match from us, for a total of 11,050 dollars. The second one is, again, a Fire Act grant for additional equipment and this grant will purchase the hand-held radios that we need in our fire department, as well as some other equipment, some SCBA, self- contained breathing apparatus that the firefighters use, fire shelters, some fitness evaluation equipment, and that grant is for a total of 173,705 dollars and requires a 20 percent match, which would mean 34,741 dollars that we would have to come up with. The third budget amendment is a grant from the Idaho Fire Chiefs in the amount of 1,504 dollars and that grant was used to purchase audio-visual equipment for our fire safety center where we take young children in and teach them fire education. And the fourth grant is for some homeland security critical infrastructure protection and I would point out that this wasn't just the fire department, this was a grant that we received from homeland security and it went to purchase security gates at our waste treatment facility. Also some night vision binoculars and digital cameras for the police department, as well as it bought a safety security system that is installed in each of the fire trucks that holds the locks. The last budget amendment request is to increase our part-time Public Education Specialist, who now works part-time, to a full-time position starting in August. And as you guys are probably aware from the monthly reports that we provide to you, we started with this part-time position last May and it has been going gangbusters and have been involved in probably three or four times the amount of public education activities that the Fire Department was ever before and it's primarily due to this individual. And we now have more requests coming in for public education from the Fire Department than we have ever had. So, we would like to move this position to a full-time position and do that starting in August. So, this budget request would be just for the last two months of this fiscal year and would need a budget amendment of 5,738 dollars. So, I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 25, 2006 Page 7 of 43 Bird: Mr. Anderson, what's the total on your budget amendment, so I don't have to add all these up in my head? Anderson: Oh, you're going to have to probably add them, because I don't have a calculator. I haven't added all those up. De Weerd: Good answer. Bird: Run me down the -- what's the first one? What's our cost on the first one? Anderson: Okay. The first one was for 11,050 dollars. Bird: Okay. And the second was 34,741? Anderson: Yeah. Bird: What's the third one? Anderson: 5,738. Bird: Okay. And what about the fourth one? Anderson: There is only three of them that require any matching money. The rest are -- Bird: That 5,738, chief, was for number five, then? Anderson: Right. Bird: Three and four had no cost to us; right? Anderson: That's correct. Bird: Okay. Thank you. Do you want to -- I'll make a motion. Unless there is something else. De Weerd: Okay. That's still a budget amendment, though. Bird: Okay. 51,529 dollars total. Madam Mayor? De Weerd: It would be to your advantage to make sure that's correct. Bird: We did it on a calc. De Weerd: Okay. Mr. Bird. Meridian City Council April 25, 2006 Page 8 of 43 Bird: Madam Mayor, I would move that we approve the four budget amendments -- or, actually, the five budget amendments as requested by Chief Anderson with the Fire Department. Rountree: Second. Bird: And the total -- excuse me. And the total of 51 ,529 dollars. De Weerd: Okay. Second agrees? Rountree: Second agrees. De Weerd: Okay. Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: The amount was for additional city funds. The budget amendment request will include funds -- the revenue in and the revenue out for items three and four, so if that's -- Bird: That's true. Wardle: -- an amendment to the motion. Bird: Yeah. That's -- so moved. De Weerd: Okay. Mr. Berg, is that clear enough? Berg: Madam Mayor, I think it's clear enough to include the -- even though the impact for the revenues was not one of those two items. De Weerd: Okay. Will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Police Department - Bill Musser 1. Discussion of Animal Control Ordinance: Meridian City Council April 25, 2006 Page 9 of 43 De Weerd: Thank you. Item B. If you can, please, be mindful of how you phrase whatever your report is. Musser: Madam Mayor, Members of the Council, this evening we have before you for discussion a proposed change in the animal control ordinance. And, basically, what we are looking at in this proposal is for voluntary relinquishment of dogs and tying a fee to it. Prior in the animal control ordinance we did have this and for a minimal cost of five dollars somebody could turn a dog over to our animal control officer and ask for it to be disposed. That doesn't quite meet the necessary and reasonable costs that we have associated now with the dog. We also had that deleted out when we redid the vicious dog ordinance. And since, then, we have decided that we probably need to have it added back in, which is why we are bringing it forth now. The cost, if I remember correctly, would be approximately 27 dollars. Perhaps the city attorney could verify that for me. It's the -- the first day fee associated with an impound of a dog is what we would be looking at on that cost now for this disposal. Nary: Madam Mayor, Members of the Council, that's correct. What -- in their discussion with the police department, what the concern is that without having some voluntary means to do this, then, people would simply abandon their dogs or let them go, which is not a good outcome that we want, especially for vicious dogs. The fee was calculated based on what the normal cost would be for impoundment of a dog for the initial cost to the city for impoundment. I'm comfortable at this point to tie it to that number. We may in the future when we reconsider any fees for the police department, may want to look at that again and whether it needs to be separate, whether it's a separate expense to it. But right now that seems reasonable. If nothing else, it's probably a little low for that. We did add it in the proposed ordinance. The prior one just says basically any resident could drop off any dog that they wanted for five dollars and we would dispose of it. Now we require that they may have to provide some proof of ownership, so that they are not bringing their neighbor's dog, that they are bringing their dog. The police could certainly set up a practice on how that will be enforced, whether they want to use the licensing provision as a means to identify the ownership or something like that, but we felt that was probably the most appropriate way to do that or at least require that type of proof before destruction of someone's animal. De Weerd: Thank you, Mr. Nary. I should have warned you. Did you have anything further, chief? Musser: No, Madam Mayor. I'd stand for any questions, if there are any. De Weerd: Council, any questions? Bird: I have none. De Weerd: No? Okay. Wardle: Madam Mayor? Meridian City Council April 25, 2006 Page 10 of 43 De Weerd: Mr. Wardle. Wardle: Mr. Nary, do we need to direct staff to bring the amendment back before Council? Nary: Yes, please. Wardle: With that, Madam Mayor, I would move that we direct staff to draft an ordinance relating the comments from the police department on the animal control ordinance. Borton: Second. De Weerd: Okay. Any discussion? Okay. Bird: Madam Mayor, I do have -- De Weerd: Yes, Mr. Bird. Bird: Within this ordinance we will have some fees, because from what I'm reading right now we don't have fees in this -- so is this the -- Nary: Madam Mayor, Members of the Council, the draft ordinance, I believe it ties it to the specific -- it ties it to the currently impoundment cost, so it doesn't have a fee listed in this ordinance that's related to the other existing fee that you already have. Bird: Thank you. De Weerd: Okay. Any other discussion? Okay. All those in favor of the motion, please, say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 2. Traffic Safety Commission - Recommendation to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from 50 to 40 miles per hour: De Weerd: Okay. Chief, item two. Musser: Madam Mayor, Members of the Council, you should have a letter before you that was routed in from the chairman of the Traffic Safety Committee, who is Lieutenant John Overton. There has been a recommendation made to reduce the speed limit on West Franklin Road between Linder Road and Ten Mile Road from the current 50 miles per hour to 40 miles per hour and I believe also some consideration in there to also make all of Linder 40 miles per hour, if I remember correctly on it, because right now we Meridian City Council April 25, 2006 Page 11 of 43 have a section that's 40 to 35 and, then, out to 50. And we are looking to make this consistent all the way through town, so we don't have three different speed zones on Franklin Road at this point. I believe, Mayor, you should have that recommendation from the traffic safety commission and I know that Lieutenant Overton was looking to have that presented for a possible action by the Council on that, so we could move forward with notification to the Ada County Highway District on that request. I believe also that our city attorney Mr. Nary is a member of that traffic safety commission as well and he may have some additional insight on that request. De Weerd: Okay. Thank you, Mr. Chief. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't see, other than the motion, a lot of justification for the request. We spend millions of dollars to improve transportation facilities and, then, we hamstring people's ability use them or make it illegal for them to use them in the way they want to use them. So, I guess my position on this is without some inordinate safety conditions to the negative or engineering study that says people are driving these roads at 35 miles an hour, I drive that particular road every day and people drive it at 50 miles an hour when they can. They don't necessarily at 7:30 in the morning. Franklin Road at 35 miles an hour with a five lane facility is a waste of taxpayers money and at 40 miles an hour I believe it is, too. So, have some real strong opinions about people believing that posting something at a speed limit makes it safe and, then, makes it more usable, when, in fact, it makes it less efficient and you lose a significant investment in those facilities. De Weerd: Mr. Nary is on the committee and they have been discussing this for at least a half a year, if not longer. Mr. Nary, could you, perhaps, shed some light on some of the reasoning? Nary: Certainly, Madam Mayor. Madam Mayor, Members of the Council, that's correct, we have been discussing it on the traffic safety commission for about six months and as the chief stated, originally, the discussion was from the traffic officers of Meridian Police in wanting to have one consistent speed limit. If you recall, last year we made a recommendation from the Commission to this Council to make one consistent speed limit along Fairview from, essentially, Wal-Mart to Ten Mile, at, I believe, 35 miles per hour. Because of the build out that's along Fairview that that seemed appropriate from an enforcement standpoint. We had that discussion on Franklin. The discussion was that there is a 40 mile an hour speed limit that goes from, essentially, Touchmark to Meridian Road or just east of Meridian Road. It's, then, a mile from Meridian Road to Linder that's 35. And, then, it goes to 50 as you pass Linder going west. And it's just a two lane road west -- from west of Linder. In looking at trying to come up with one consistent speed, Councilmember Rountree is absolutely correct, the road isn't built that way. The five lane road that is Franklin Road between Touchmark and Meridian Road Meridian City Council April 25, 2006 Page 12 of 43 is built and speed rated and designed for at least the 40 mile per hour speed. Raising the speed limit five miles through one mile of the section to have consistent speed didn't make much sense either. In fact, the chief was strongly opposed to raising the speed limit, especially through town, again, based on the kind of development that exists in that particular stretch of the roadway. The problem that the traffic officers are seeing, though, is west of Linder and that's the reason for the recommendation, is only to change the speed limit west of Linder, between Linder and Ten Mile. It's a two lane road. There are two major industrial users on that road, SSC and the school district. So, you have buses and garbage trucks that pull in and out of that roadway daily, but hundreds of vehicle trips. The concern that the traffic officers are seeing constantly is that 50 mile per hour sign is 30 to 40 feet from the corner going westbound. So, what they see consistently is traffic accelerating as they enter that Linder intersection and getting up to 50 by the time they reach that sign and they are going 50 miles an hour down that two lane road as those buses and garbage trucks are trying to exit onto Franklin and that's creating the hazard that they are concerned with. So, that's the -- what the commission decided was -- is right now today based on traffic pattern, the roadway construction, the build out along Franklin, that it's not necessary to address the remainder of Franklin Road, that the roads are built for the speeds that are currently on it, but for this section west of Linder to Ten Mile it is not -- it is built as a rural country road. That's why the 50 mile an hour speed limit is on it. Yes, the development that's existing on it creates a more hazardous condition at the higher speed. So, that was the reason we only focused finally after a lengthy discussion over a number of months on that particular section and not the rest, so -- De Weerd: Thank you, Mr. Nary. Did that help answer your question, Mr. Rountree? Rountree: Madam Mayor, I knew that was the answer. De Weerd: Oh. Rountree: I don't know that it's a satisfactory one from my perspective. De Weerd: Thank you. Mr. Bird, did you have a question? Bird: No. It got answered. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess, chief, I don't recall what the speed limit to the east -- Linder to the east. As you're coming into the -- 50? Is it 35? Meridian City Council April 25, 2006 Page 13 of 43 Musser: Well, Councilman Borton, there is a one mile stretch in there that starts -- actually, just right in between Main Street and Meridian. It's posted at 35 with additional posting at 35 all through that mile section from Meridian down to Linder. That was the first stretch of improved roadway that was done up a number of years ago and it remained at 35. And, then, because the city hadn't extended fully out, it did jump up to 50 once we got on the west side of Linder and moved towards Ten Mile. We since, then, have had some additional build there and that's why -- and, then, with all the new roadway improvements that came in within the last couple of years on Franklin, that speed limit was set at 40 at that time for the five lane roadway, which extends from Touchmark, which is just to the east of Eagle Road, and all the way through to Main Street. Borton: Okay. De Weerd: Thank you. Any further questions? Do I have a recommendation for the chief? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You know, I understand the concerns of slowing traffic and the problems that creates, but those two particular users are a real concern of mine as well and the accidents will continue. I think -- I think the risk to the users of that roadway, the school district and Sanitary Services, just those two, let alone what else is coming along, all things considered the reduction and recommendation to 40 miles an hour makes sense to me. De Weerd: Okay. Any other discussion? Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My only real regret is that I can't impose a minimum speed limit on Franklin Road between those areas, but I don't live on that end of town anymore. However, will still continue to lobby the highway district to place improvements. I can see the rationale. I can say that our traffic safety commission has a pretty good record of making recommendations that increase the safety in our community, so I will move that we accept the traffic safety recommendation to reduce the speed limit on West Franklin Road between Linder and Ten Mile from 50 to 40 miles an hour. Borton: Second. De Weerd: Okay. We have a motion to approve the recommendation reducing the miles or the speed limit from 50 to 40. Any discussion? Meridian City Council April 25, 2006 Page 14 of 43 Borton: One question. Is there a history of this being done and the likelihood of success in response to a request like this? Is it just ceremonial or just -- De Weerd: It would be a recommendation to Ada County Highway District. Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, it was being requested as a recommendation to the highway district. The highway district has the authority to set the speed limit. It has a very strong message to them when the City Council and the Mayor make a recommendation to alter the speed. So, I think the chief would probably be a better one to answer, but I know at least in recent memory when the recommendation comes from the city, they do strongly consider it. They do their own independent analysis, but they will strongly consider that in making that type of change. De Weerd: Chief, do you have anything to add? Musser: Madam Mayor, Members of the Council, as Mr. Nary pointed out, that you do have that ability on it. There still is a statutory provision which allows the cities to be able to reduce 35 and 25. This is just above that. But my understanding in having worked with the highway district in the past is they take your recommendation as a governing body very strongly for imposing those speed limits on there. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll-Call: Bird, nay; Rountree, nay; Wardle, yea; Borton, yea. Berg: There is a tie, Madam Mayor. De Weerd: I would vote aye. Berg: Motion carries: MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you, Mr. Berg. There were no items removed from the Consent Agenda. Item 8: FP 06-017 Request for Final Plat approval of 100 residential building lots and 10 common lots on 18.86 acres in a R-8 zone for Ambercreek Subdivision No.1 by Dyver Development, LLC - west of North Meridian Road and south of West McMillan Road: De Weerd: So, Item 8 is FP 06-017. We do have a letter in front of you that states they agree with all of the staff comments. Do you have anything to add, Anna? Meridian City Council April 25, 2006 Page 15 of 43 Canning: No, ma'am. De Weerd: Okay. Council? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing the applicant in agreement and no further comments, I move that we approve Item 8, FP 06-017. Borton: Second. De Weerd: Okay. Motion to approve Item No.8. 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 19: Pubic Hearing: VAC 06-005 Request for a Vacation of a public utilities, drainage and irrigation easement between Lots 4 and 5, Block 2 for Gemtone Center Subdivision No.2 by Petra Contractor - 1055 and 1097 North Rosario Street: De Weerd: Thank you. Okay. Council has moved Item 19 to this spot. Item 19 is a Public Hearing on V AC 06-005. I will open this Public Hearing, Item 19, with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to vacate the easement between Lots 4 and 5 of Gemtone Center Subdivision No.2. We do have all the relinquishments in place. They are requesting to vacate the public utilities, drainage, and irrigation easement between those lots, so that they can build one structure over it. Staff is recommending approval. And to our knowledge there are no outstanding issues. You do not have Findings before you tonight. We can prepare those and bring those back. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Tealey: Pat Tealey. 2501 Bogus Basin Road, Boise, Idaho. De Weerd: Do you always have a shadow? Meridian City Council April 25, 2006 Page 16 of43 Rountree: Just at 5:00 o'clock. Tealey: I didn't know he was there. I'm here to represent the owner of the two lots, Lots 4 and 5 of the Gemtone Center No.2. Petra Incorporated, who is going to build their -- their building on the two lots, the building is situated across the lot line there, so that it necessitated getting rid of the utilities easement. We had a public meeting on April 3rd. One person showed up. He just happened to be walking by the site and asked us what we were doing. There hasn't been too much interest in the thing. As staff said, we have gotten all our replies back, except from the City of Meridian, but I assume by your actions tonight you will be -- that will be your response. And so we are just seeking vacation of that -- that easement. I'll stand for any questions. De Weerd: Council? Tealey: Thank you for moving us up from the end of the agenda. De Weerd: You bet. Any questions, Council? Rountree: I have none. De Weerd: Okay. Thank you. Tealey: Thank you. De Weerd: Is there any further testimony? Anyone else in the audience want to provide testimony on this item? Okay. Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item No. 19. Bird: Second, De Weerd: Okay. Motion to close the Public Hearing. All those in favor say eye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation request VAC 06-005. Meridian City Council April 25. 2006 Page 17 of 43 Bird: Second. Rountree: And have staff prepare Findings. Bird: Second. De Weerd: Okay. There is a motion to approve Item 19. Or whatever. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And on these all we prepare is a resolution -- Rountree: Or a resolution. Nary: -- with all of this and, then, you will have that on your agenda next week. De Weerd: Okay. Does second agree? Bird: Yes. De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Item 10: Item 11: Continued Public Hearing from March 21, 2006: 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: Continued Public Hearing from March 21, 2006: 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: Continued Public Hearing from March 21, 2006: 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: Meridian City Council April 25, 2006 Page 18 of 43 De Weerd: Okay. Item 9 is a continued Public Hearing on AZ 05-051. Item 10 is PP 05-052. Item 11 is CUP 05-047. I will open these three public hearings, Items 9 through 11, with staff comments. Canning: Madam Mayor, Members of the Council, as was noted, this is a continued Public Hearing to allow the applicant time to respond to some concerns Council had. Those specifically were to provide specific information and designs regarding the access to the north to the school site across the canal. And to respond to the issue regarding the fencing on the western boundary. The applicant -- I spoke with the applicant earlier today. They don't have written proof on the access, what form that will take, and I will let him testify to that one. But I wanted to point out that on my notes I do have two additional conditions of approval for the Council and Mayor to consider regarding this issue and they are titled 1.3.11 and that would be the applicant shall install blank, because we don't know what kind of fencing yet, along the western boundary. Hopefully, they can fill us in on that. And 1.3.12. The applicant shall provide access from the subject property to the school site to the north. The applicant should provide a letter from the Nampa-Meridian Irrigation District approving such access. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none at this time. De Weerd: Okay. Is the applicant here? Nickel: Good evening, Madam Mayor and Council. Shawn Nickel. 839 East Winding Creek Drive in Eagle. De Weerd: Thank you. Nickel: I have been working with Bill Henson with the Nampa-Meridian Irrigation District. Personally he would not give me a letter at this point. What we are working on is providing a -- probably a culvert type of crossing at that north boundary to access the school. Mr. Henson wanted to make sure that that was a fenced in crossing to keep any kids out of the ditch. It was my idea to get with staff and place that as a condition of approval, because we are confident that we are going to get that approval from the Nampa Irrigation District. We need to go through their land use application process, which we typically do at the development -- or the design phase of the development. So, I had agreed to put that as a condition of approval. And, then, secondly, the fencing along the western boundary, after our last meeting when I did meet with the neighbors outside and we agreed to a six foot high solid cedar fence along the west boundary and we would just continue to work with the neighbors on coordination of that fencing. That's alii have. De Weerd: Okay. Any questions for the applicant? Meridian City Council April 25, 2006 Page 19 of 43 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Do you know yet in your discussions with Nampa-Meridian where the access across the drainage would be? Nickel: We were looking at -- right in this area right in here. And that would apply -- if you can remember our design, we had the pathway system that goes out here and now it provides access across to the school grounds. De Weerd: Okay. Any other questions? Rountree: I have none. De Weerd: Okay. Thank you. Nickel: Thank you. De Weerd: Is there any testimony regarding this specific item for this application? Okay. Seeing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Having had those specific questions answered and seeing no further public testimony, I move that we close the Public Hearing Items 9, 10, and 11. Bird: Second. De Weerd: Okay. Motion to close. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion, Council? Wardle: Madam Mayor, clarification from staff. Anna, those two additional issues, are they in the CUP or annexation? Canning: I believe we added them in the Conditional Use Permit. Wardle: Okay. Canning: It was 1.3.11. And I believe that's the Conditional Use Permit. Meridian City Council April 25, 2006 Page 20 of 43 Wardle: Okay. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 9, AZ 05-051, annexation and zoning for Ellensburg Subdivision. Borton: Second. De Weerd: Okay. There is a motion to approve. Any discussion? 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. De Weerd: Thank you. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 10, PP 05-052, preliminary plat for Ellensburg Subdivision. Borton: Second. De Weerd: Okay. Motion to approve Item 10. 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. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor, I move we approve Item 11, CUP 05-047, with the amended Finding 1.3.11, the applicant shall install six foot solid cedar fencing along the western boundary and Item 1.3.12, the applicant shall provide access from the subject property to the school site to the north. Applicant shall provide a letter from Nampa-Meridian Irrigation approving such access. Borton: Second. And discussion -- De Weerd: Mr. Borton. Meridian City Council April 25, 2006 Page 21 of 43 Borton: -- for the motion maker. I think the specific condition of that access, including the side yard, side rails, or whatnot -- perhaps that's a given, but on the access across to the school site. I don't know if that would be a given, but I want to make sure that that's known that those side rails for the kids is a definite condition of approval. Wardle: The maker of the motion would certainly agree to incorporate the applicant's testimony on type of access across the drainage facility. Borton: Second agrees. De Weerd: Okay. Any further discussion? Bird: I have none. Rountree: Have none. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Item 13: Item 14: Continued Public Hearing from April 4, 2006: AZ 05-064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. - south of West Overland Road and west of South Stoddard Road: Continued Public Hearing from April 4, 2006: PP 05-064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. - south of West Overland Road and west of South Stoddard Road: Continued Public Hearing from April 4, 2006: VAR 05-026 Request for a Variance to exceed maximum block lengths in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. - south of Overland Road, east of Linder Road and west of Stoddard Road: De Weerd: Thank you, Mr. Berg. Okay. Item 12 is a continued Public Hearing from April 4th on AZ 05-064 for Bear Creek West. Item 13 is PP 05-064. And Item 14 VAR 05-026. These were continued. We will open these and begin with staff comments. Canning: Madam Mayor, Members of the Council, this was continued again to allow the applicant to respond to Council's concerns, specifically -- not wanting to move. There we go. Specifically, the Council wanted to have some concerns addressed up here in Meridian City Council April 25. 2006 Page 22 of 43 the northeast corner of the property with regard to the property owner here. And also on the very southern boundary of the property, to have a minimum 17,000 square foot lots all throughout this -- that southern boundary. The applicant did get a revised copy to staff in time for them to review it and what they have done is they met the concerns in the northeast corner of the property by reducing one of those lots and, basically, kind of just wiggled everything around. They did make them larger in that area and I think they are a little smaller on the interior, but not by much. And, then, on the southern boundary they do have 17,000 square foot lots the entire distance here. They -- some of these interior areas got a little bit smaller as you move away from those. Staff has one concern with Lots 113 and 114. They are right down in this corner. I should have gotten a blowup. I apologize for that. But they have included the Ridenbaugh easement within those lots to make that 17,000 square foot. Staff would prefer that -- and almost would ask that you insist that that be in a common lot, so that they are not in folks' backyards. Basically, the canal is folks' backyards for those -- just those two lots. I think the point is still valid that there is a lot of space there between the properties down to the south, that even though those lots, once you take the Ridenbaugh Canal out of them, won't be 17,000 square feet. So, Council will need to decide whether that still meets the intent of what you asked. They still are quite large lots. And I can get a blowup of that for you while Mrs. McKay is presenting. And with that I will end my presentation and ask if you have any questions. De Weerd: Any questions for -- Bird: I have none, Mayor. Rountree: I have none. Thank you. De Weerd: Okay. Becky. McKay: Madam Mayor, Members of the Council -- De Weerd: Please state your name and address. McKay: Becky McKay. Engineering Solutions, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you. McKay: As Anna indicated, we are asked to look at two different areas specifically from the Council, bringing the lots along the southern boundary up to 17,000 square foot minimum and above, to provide a better transitioning between the existing acre lots that adjoin us on the south side of the Ridenbaugh Canal. We did so. We eliminated one lot along that southern boundary and did some shifting and made those lots all 17,000 square feet. I have discussed with Anna the concerns she had on the two lots that are located -- located here. Lot 112 and 113. This is where the Ridenbaugh is kind of arching into the -- next to the subject property. The actual waterway you can see is right here from edge of water to edge of water. What you see here is the top of bank Meridian City Council April 25, 2006 Page 23 of 43 and the ditch rider access road located here. I believe what Anna's concern was that we have -- we are going to add some type of a common lot here to make sure that the slope off of the ditch rider's road and access for Nampa-Meridian is not compromised. The only way that I could do that would be, obviously, to shift further to the north around this direction and compensate for what I lose here. Obviously, I'm leaving it up to the Council what they would like. I could also move West Foggers Drive north. This is a common lot, kind of like a little pocket park, and push that street north to increase those lot sizes. As far as the north is concerned, the Council made it quite clear that they were not happy with the fact that we had gone from originally five lots backing up to the Johnson property and increased that to six, when we eliminated a lot -- the third lot that backed up to the Christian Family Matters lot. So, we did go up in this area, I eliminated a lot, I didn't just shift around, and those lots next to the Johnsons returned back to five lots that would adjoin them and those square footages range from 14,740 square feet, 12.5, 11.6, 12.1, and 13.4. What they were on the previous plat that we presented before the Council was roughly around 10,000, 11, and 12,000 square feet. So, we bumped those up considerably. I did meet with Mr. and Mrs. Johnson out at the site last week. We walked that boundary, talked about the ditches, the berming, the fencing. They did send a letter into the staff for the record on a couple different items that they wanted made part of the record. I had indicated to the Johnsons that I had done the best I can with what I had to work with. We are just trying to accommodate, you know, everyone. The difference between the Johnson's property and the properties to the south is they have ten acres. So, the chance of redevelopment in the future is far greater than redevelopment of acre lots with existing larger estate type homes. Secondly, their home is located on the southern part of their property, but they do have very large juniper type shrubs, tree-like structures. I don't know what variety, I'm not privy to what those are called, but they are large, considerably -- twice as tall as I am, which is large to me, so -- I couldn't see over them. So, they do have some type of a vegetative buffer that's existing. Mr. Johnson indicated the previous owner had planted those. And I feel that we have done, you know, the best that we can. We have got a good project with low density. I think we are aware the Council had asked us to be -- and I would hope that we -- the Council would approve this this evening. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, 112 and 113, if you was to make a common lot, do you have any idea what that would reduce -- you know, we are just talking about two lots there -- what they would reduce in size? I believe, if I remember right, one is 18,000 something and the other is 17,000. Would it get it down in the range of 12 to 14 thousand if you just had a common lot? Or maybe Anna can -- Canning: Mrs. McKay, I think I can help you there. McKay: I have got one that shows that, Councilman Bird. Meridian City Council April 25, 2006 Page 24 of 43 Canning: The lot lines hadn't changed much from the last one, those two lots, I believe, Becky, and those were 12,657 and 13,821. Bird: This Councilman could live with that, as long as the others stayed like they were on that. And, then, get a common lot there. Because I'm like Anna, I don't want to see the Ridenbaugh Canal part of somebody's backyard. McKay: Yes, sir. De Weerd: Okay. Any other questions? Okay. Thank you. Okay. I do have several people that signed up and with a neutral stance. Betty Brown. Would you like to provide testimony? Brown: I'm Betty Brown. I live at 1400 Eggers Place. I have been there for about 12 years. I am above the seasonal water frontage of the Ridenbaugh Canal on a one acre lot. At this point in time I have a fantastic view, which is going to go away. My concerns are the traffic and the time frame. I had hoped that it would not -- this subdivision would not be started until Overland and Linder were widened, because of the horrendous traffic there with 320 houses. And at the neighborhood meeting we were told that dirt would not be turned until the sewer coming from Black Cat and Ustick under the freeway was on site. At the last City Council meeting we were told that it could be started this fall. My question is that sewer line going to be there. Then, I had -- number two, my question is the height of the houses next to the canal. Are they going to single story houses as the developer is putting behind the church or we are above the canal, we will be looking into the windows of these houses. Number three -- and I would certainly like to preserve my view. Number three, fencing. I don't understand where the edge of the development is. Will the fence be on top of the canal bank or is it at the base of the canal bank? Those were my concerns. Thank you. De Weerd: Thank you. Jeanette Johnson signed up as neutral. Johnson: My name is Jeanette Johnson. I live at 1335 West Overland Road. De Weerd: Thank you. Johnson: Last Council meeting -- well, I appreciate being listened to, our concerns being heard, and last Council meeting when this was discussed, we asked for appropriate transition between this subdivision and our property. That need was heard. We have lived on our property for 17 years. We have ten acres. We plan on living there for a long time yet. We don't have any intention of developing that property. We sent a letter following up after that meeting expressing our concerns. What we understood at that meeting was that Becky McKay was to work with us as property owners to work something out to make an appropriate transition. When the first plat was presented there were five houses bordering our property. It was changed to accommodate the church property and six houses were bordering our property later as Meridian City Council April 25, 2006 Page 25 of 43 the plat proposed came out. So, what has happened is Jhey have gone back to five lots bordering our property. We feel that it was inadequate to begin with. It was not a transition that was appropriate from a ten acre home to a subdivision and we would request that you look at that. There is no canal and no walkway bordering our property and we are just requesting the same consideration that was given to the properties on the south. We have a larger acreage. Our home is located on the south of that property. We have a shop and our home and our backyard right there very close to that property and so we ask that that same consideration of fewer lots, larger lots, be put in place for the transition to our property. That single story homes be required on those lots. And that a berm of three feet with six-foot fence be located there. We are not opposed to change, we know that it's coming, but we want the transition to be appropriate. And, again, thank you, we appreciate your listening to our concerns. De Weerd: Thank you. Okay. Don Webber. Okay. He signed up as neutral. Is there anyone else who would like to provide testimony on this application? Okay. Council, do you have any questions for staff? Becky, do you have conclusion remarks? Canning: Madam Mayor, Members of the Council, the plat date with whatever action you're taking tonight should reference April 18th, 2006. De Weerd: Okay. And, Len, I know there was a question on the timing of the sewer. Could you give some information on that? Grady: Madam Mayor, Members of the Council, our goal is to get under the highway at the end of this year with that Black Cat Trunk. Given easement issues, I would allow, you know, anywhere from three to six months grace period. We are still shooting for the end of this year. De Weerd: But that wouldn't get it to your property; correct? It would just get it under 1- 84? Grady: No. I believe -- I believe Jim Jewett is just to the -- just to the west of their property and they are falling right in line. De Weerd: So, they will bring it to them? Grady: Yeah. De Weerd: Okay. Becky. McKay: Madam Mayor, if I just address Mrs. Brown's comments. Concerning the sewer, we did discuss that in length at the neighborhood meeting. I indicated to them that, obviously, the timing of the sewer coming -- boring under 1-84 was contingent on acquisition of easements and the city's time line that this project, as far as the development time line for us, would depend upon the city's time line. We have received some inverts from your Public Works Department as far as where they believe the depth Meridian City Council April 25, 2006 Page 26 of 43 of that sewer will be once it crosses the freeway. It's my understanding that their design appears to be solidified and they are just working through easements and getting all their ducks in line and preparing for some type of construction. Fencing along the canal, we typically put our fencing along the edge of the easement that would be the north perimeter of Nampa-Meridian's easement, unless they allow us for encroachment through a license agreement. Typically, on the larger facilities they do not, but we work with them closely to -- and they dictate where the fencing will go. Our property is lower than the one acre lots that are south of us. They are, obviously, on the high point of that rim and, then, it starts dropping in a northward direction away from their lots. So, we are seeing, you know, considerable amount of fall as we go northward. I feel that that's an optimum situation from a view perspective and we don't see that very often. I don't believe that what we have here necessitates a single story. We have substantial separation from those properties. I made great effort to make sure those lots were 160 feet in depth. I have a few that are, I think, 145 or something like that, but most of them are 160 and up, to give us even greater separation, and we have got the 50 foot of the Ridenbaugh and then, their lots are separated, because they are up towards the roadway within their subdivision, so we got good separation. Mrs. Johnson on the transitioning from the original plan that we submitted with just the five lots that adjoin them, I have increased the lot sizes even beyond what we originally showed with five lots. Originally we had around 11,200 square feet and 11.3 and 10.8 and 11.5. And now we are up in the 14.7, the 12.1, and 13.4 and 11.6 range. So, I did go through and compare what they originally had to make sure that these lots were even larger to give a little bit better transition. The berm and the fence we have agreed to -- to do a berm in the back and a fence. They -- Mr. Johnson gave us some brochures on suggestions of what type of fencing he'd like to see on -- on that perimeter. I have walked it and talked about irrigation with him, assured him that we will cooperate with both Mr. Johnson and the church prior to piping and berming and fencing, staking that perimeter, getting a good idea of what's the best location for the berm and the fence, making sure that they are happy with what we are doing. I think we have taken great effort to make sure that this will have the least impact on them as possible and adopted many provisions in our covenants to protect the church and I have worked closely with Mr. Webber and they have been real good to work with and I appreciate their cooperation. Thank you. De Weerd: Okay. Council, any questions? Bird: Becky, on Mrs. Johnson's property, she said the back of their shop and backyard and everything -- is it on the east south -- or southeast corner of their ten acres? McKay: Yes. Yes, sir. Bird: And, then, pasture the rest of the way? Or whatever. McKay: Madam Mayor, Councilman Bird, this is pasture here, this five acres on the west. They have got some accessory structures in here. A shop and I think like a little - - there is a dog kennel and I think there was another little accessory building and, then, their home is located here. And the vegetation I was talking about, the large juniper Meridian City Council April 25, 2006 Page 27 of 43 type bushes, are along their perimeter here. They have pasture in -- I think the front of their lot also, going northward towards Overland. Bird: So, basically, Lot 23 and 24 are the ones that back up to where they live. McKay: Yes, sir. Bird: And one of them is 11.6 and one's 14,740? McKay: Yes, sir. Bird: And you have got two lots on that five -- I take it that's probably about a five acre piece there? McKay: Yes, sir. Bird: The same as the church? McKay: Yes, sir. Bird: And you have got two lots at the church and you got two lots there. McKay: Yes, sir. Bird: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Becky, the school site on the northeast, that's not scheduled -- do you know when that's scheduled to be constructed? McKay: Mr. Bigham of Meridian School District indicated to me that that was at least five years out. The site has been acquired, it is owned by Meridian School District, but he anticipated probably five years, maybe seven. It all depends on, obviously, enrollment and growth south of 1-84. Borton: So, it's not part of the prior bond and -- Bird: No. McKay: No, sir. Borton: Okay. Meridian City Council April 25, 2006 Page 28 of 43 De Weerd: Okay. Any other questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Is everybody done with public testimony and public information or anything? If so, I would move that we close the public hearings on Items 12, 13, and 14. Rountree: Second. De Weerd: Okay. Motion to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Staff, any additional comments? Canning: No, ma'am. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Rather than sitting here all night, I'll make a motion that we approve AZ 05-064, the request for annexation and zoning and to include staff, applicant, and public testimony on the 116.81 acres from RUT to R-8 for Bear Creek. I'll do the other stuff on the preliminary plat. Thank you. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 12. Is there discussion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council April 25, 2006 Page 29 of 43 Borton: I have got, for what it's worth, from my perspective, concerns with this particular project. The project itself is well done. I have just got some concerns with various aspects of the infrastructure it's able to support at this point. Mr. Rountree's quote of not being in a rush to annex and develop fits me here. I have got some concerns with the transition. I think Mrs. McKay did an excellent job on the south in trying to correct those, but I have got concerns on -- from items such as sewer and schooling and roadways and whatnot that aren't ready for this type development at this point. And it causes me concern and not to be in a rush to have this go forward. De Weerd: Okay. Any other discussion? Anna, on Overland from Meridian-Kuna Highway to Linder, is that in 2008, those improvements? Canning: Madam Mayor, I apologize, but I do not keep those kind of numbers in my head. I'm sorry. I'd have to rely on a piece of paper and I don't have it. De Weerd: Council, if you would like to have a date on that, I would need to open the Public Hearing to accept that date. Canning: Madam Mayor, I have received sudden enlightenment on your question. Apparently, it will be constructed in 2007. De Weerd: 2007. Okay. I couldn't remember for sure. And that's about the time you will be getting sewer out there as well; is that what I understood? Grady: Best guess is right around the first part of 2007. That's correct. De Weerd: Okay. Grady: In general, we are trying to expedite that sewer to pick up -- pick off a couple of bottlenecks, but 2007 is our goal, so -- De Weerd: Thank you, Len. Okay. Anything further from Council? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 13. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve PP 05-064 and that's Lots 112 and 113 to the south, the two at the south end, and those be made into a common lot and for the Meridian City Council April 25, 2006 Page 30 of 43 developer to get as much square foot as they can in there, but also to make sure the common lot covers everything of the canal. And is there anything else we have missed? With that I'd just approve the preliminary plat as -- oh, and date -- the date is 4/18/06 on the preliminary plat. De Weerd: Thank you. Do I have a second? Rountree: Second. De Weerd: Okay. I have a second. Anna, was that enough detail on Lots 112 and 113? Canning: Yes, ma'am. De Weerd: Okay. Any discussion, Council? Rountree: I have none. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 14. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 05-026 and to include staff, applicant, and public comment. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 14. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Continued Public Hearing from April 11, 2006: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Meridian City Council April 25, 2006 Page 31 of 43 Item 16: Continued Public Hearing from April 11, 2006: PP 05-037 Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: De Weerd: Okay. Items 15 and 16 were continued from April 11th, AZ 05-038 and PP 05-037. I will start these two items with staff comments. Rountree: I'm going to recuse myself, Madam Mayor. De Weerd: Yes, Mr. Rountree. Canning: Madam Mayor, Members of the Council, although this was continued, you have not had a staff presentation or any public testimony on this round of INine Subdivision. De Weerd: Oh, yeah. Sorry. I knew I had seen it before. Canning: The property is located at the southeast corner of Chinden and Ten Mile. This is the old one. This is just what shows up when we go to make our vicinity maps for some of the older ones, so I apologize for that, but it's how the system works right now. But this -- just wanted to show you that there are a number of planned projects nearby that may not be fully built yet, but there are quite a few, they are subleased to the south and across the street there is Bainbridge and, then, Volterra down in this section. Here we have Heroes Park. So, other than the property immediately to the east of this one, this pretty much completes this section of the city. The applications before you tonight are annexation and zoning and preliminary plat. The gross residential density of the project is 4.55 units per acre. It includes 175 single family residences and 38.5 acres in an R-8 zone. I'll go back and give you a brief history for those of who may not have been here or who have forgotten. The Meridian City Council heard this item on November 15th, 2005, and at that Public Hearing they moved to recommend denial and, then, on January 3rd, 2006, the Council remanded the -- or INine Subdivision back to the Planning Commission to revise it. At that point the applicant also agreed to have the application process done through the UDC, rather than under Title 11 and Title 12 of the Meridian Code. So, it has been to you and, then, been remanded back to Planning and Zoning and now is coming back before you. And, then, we don't have elevations they are all single family products at this time and the previous version there had been some townhouse projects -- product, but those are no longer applicable. The Commission has recommended approval at their March 2nd hearing. Kevin Amar spoke in favor of the application. There was no one speaking in opposition, but Jerry Stevenson had some concerns -- commenting concerns. The key issues of discussion by the Commission were the ITD required right of way, at the north boundary of the property along Chinden, and you have a letter from Sue Sullivan in your Meridian City Council April 25, 2006 Page 32 of 43 -- in front of you tonight. It was faxed over late this evening, so it was not in your packet, but you do have comments there. De Weerd: Anna, did the developer get a copy of this? Canning: The lot size is consistent with the Comprehensive Plan designation, was another topic of discussion. The Mike Meyers property. The open space requirements. And, then, acceptance of the CUP withdrawal. As I mentioned before, the Title 11 and Title 12, they had submitted this as a planned development. Once they agreed to go with the Unified Development Code, the application was no longer necessary, so the Commission accepted that withdrawal, unless it's before you tonight. Now I have to look. No. So, the -- with regard to the outstanding issues, you have, again, as I mentioned, a letter from Sue Sullivan and also from another -- a new letter from Jerry Stevenson and as noted in the Findings in the staff report before you tonight, there was an outstanding issue that the Council may want to consider having the applicant redraw this subdivision to meet the ITD requirement. ITD is asking for a hundred feet of right of way. The applicant is showing between 90 and 70, I believe, at Chinden. And, then, with regard to the open space, staff has worked out the details necessary to that. They just have to make a small shift in the location of a sidewalk and they can meet their open space requirements. So, staff is not worried about requiring a redraw of that. So, we have addressed the open space issue. The ITD right of way issue is an outstanding issue and that any issues that Mr. Stevenson may bring up tonight, if he's here. With that I will answer any questions you may have. You do have Findings for Approval in your packet. De Weerd: Okay. Council, any questions? Bird: Not at this time, Mayor. De Weerd: Okay. Amar: Good evening, Council. My name is Kevin Amar. Address is 2463 South Titanium in Meridian. We are before you again on Irvine and I -- there are no outstanding issues. I'll start that out and I'll address the right of way in a moment and also address the reason that there is no redesign before you. As you have before you this evening -- and I handed out a packet that shows a copy of the landscape, the marketing plan, but it also shows a variety of home styles and, then, at the back of the packet has the berm and this was taken on Chinden in front of Hobble Creek and this will be typical of what will be constructed along 20-26. This particular one from Hobble Creek exceeds ten feet, which is your requirement, and it also has a cinder block style fence. It's not actually a cinder block, it's a pre-fabricated concrete, and under your new code there has to be something other than vinyl at that location and we will meet those conditions. So, as we look at Irvine Subdivision, the project that we had before you previous was a PUD and I know that's a bad word in Meridian and it was, actually, submitted prior to the adoption of the UDC. So, it was submitted under Title 11 and Title 12. So, this project has been a long time coming and a long approval process, but Meridian City Council April 25, 2006 Page 33 of 43 we have before this evening what was directed at us to come back with a different product type, more of the standard project, larger lots. The other project had some alley-loaded lots, it had condominiums, I think somebody called them MEWs, which I still don't know what that means, but with that there was some discomfort on the Council with the lot sizes based on those lot styles. We have come back with you. There is 175 lots now, which is a significant reduction from what we had before. We still are maintaining a pool. We are still maintaining an open space and we are maintaining a couple of pathways to the larger Heroes Park. In fact, Anna, if you can go back to the overview and I will describe the pathways that can get to the Heroes Park, so this provides not only compatibility with the existing projects that have been approved, but also a good continuous network to get to Heroes Park. This location is Heroes Park. There is an existing pedestrian access through Silverleaf to Heroes Park in two locations, about this location and, then, also on the east boundary of Irvine Subdivision. And what we have provided in Irvine is a pathway over to Silverleaf and, then, also one down through this portion of Silverleaf. So, there are two locations for easy access, easy pedestrian access, down to Heroes Park and, then, also as I stated, common area within the subdivision itself, which will include a pool and it will include a tot lot and it will have ample recreation opportunities within the subdivision. The project itself will be completely fenced and in meeting with both neighbors that we have, Mr. Stevenson and also Mr. Meyers, their concern was fence and fence type. The fence type on the east and the west boundary will be vinyl. The fence type on the southern boundary is existing, it's an existing cedar fence, and the fence type on the northern boundary will meet your UDC code. I don't know the exact type of fence. There is a variety of options you can use. I believe Trex and there is a number of options. But it will meet the decibel reduction for vehicle noise along Chinden, as well as the berming. The right of way on -- along Chinden -- and this is -- this is where we get to, really, one of the key issues of this plat and in working with ITD, a long discussion with them on what they need. We met with Sue Sullivan last week, talked about the right of way and what she actually needed, and she provided -- and I believe you have the handout. She provided today a handout that shows future right of way. It's a smaller version of this copy. Did they get that handout? So -- oops. Except for it's not upside down. A smaller version of this copy -- the right of way on this copy provides for six lanes and, then, there is alternatives for roadside options, which those alternatives range from 88 feet of total right of way needed to 98 feet of total right of way needed. We have committed to work with ITD and provide right of way of up to 100, if that's -- if that's what they decide. It sounds like their consultant is still in the process of determining what will actually be needed in that area. So, we will coordinate with lTD. But as we got that letter just today, we did not revise our plat to reflect that. We have looked at our plat, we can, with minor modifications, meet this right of way and there will be no complications whatsoever. We have worked with Mr. Meyers. He has one question on the road stub, which is located at this point. He still has ideas of what he is doing with his property or in the future will do with his property. He has requested the opportunity to possibly relocate that stub further to the south. We have indicated that we will certainly do that when he finalizes some of his plans and we will work with him through the design phase of the project. He is also involved in the irrigation district, so we have the opportunity to meet with him quite often and we will workout any of his concerns that he has. So, that Meridian City Council April 25, 2006 Page 34 of 43 stub may, actually, move to the south just slightly, based on his existing house, which is on his property up closer to Chinden. We have maintained the stub street to Mr. Stevenson's property. We will be providing all utilities, meaning sewer, water, joint utilities, such as power, cable, phone, to his property line, so in the future should he wish to redevelop he will have the ability to do so, without having an additional access onto Ten Mile and providing -- providing all the necessary utilities at this location for him to redevelop. He has questions about fencing. As I stated, this fence will all be a vinyl fence. It's actually, a sandstone color vinyl fence, so we will be able to meet that. He's also requested we berm this portion of his property up just slightly, so he doesn't have to worry about the drainage infiltrating from the neighboring property onto his property and creating a problem for him and so we will have to incorporate some of those items as we do construction. So, we can accommodate him and, as I stated, we have provided examples of what the housing styles might look like with this project and with that I would ask for your approval this evening. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kevin, a couple of questions. What do your lot sizes range from? Amar: Our lot sizes range from 5,000 square feet to, I believe, it's up to -- I think we have some large ones, but 8,000 would be -- there is some larger ones, but I don't know that it's fair to count them. Bird: What is your normal width of your frontage? Amar: Normal? The minimum is 50 feet. Bird: The minimum is 50? Amar: And, then, they go up from there. We have some -- we have a variety of minimum -- or widths in here, which will provide us the ability to do a variety of home sizes, all the way up to, I believe -- Bird: Four foot setbacks? Amar: On the sides. Correct. Bird: On the sides. Amar: The current UDC. And we are not asking for any variances or waivers. Bird: Thank you. Meridian City Council April 25, 2006 Page 35 of 43 De Weerd: Okay. Any-- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Kevin, talk to me a little bit about open space. There is some comments about what the percentage actually is there and what is designed. Amar: The -- and this is under your new UDC, the criteria for open space, and we didn't realize that under UDC parking lot, as you look at -- Anna, do you have a colored rendering or -- can you turn on the overhead and I bring you a copy? Oh, look at that. So, we calculated this parking lot as part of the open space and under the current UDC that is not a calculation. Under the old code it was a calculation. And we also calculated all of this, which can be counted, we just didn't have the sidewalk separated. Certainly open space. So, we exceed the five percent. It was just how we were calculating it and what we needed to do to adjust the plat to meet that and still provide the open spaces required by the city. Borton: So, it does exceed the five percent? Amar: Yes. And I believe Anna can verify that for you. Borton: Okay. De Weerd: Okay. Any other questions? Thank you. Amar: Thank you. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. The applicant has indicated he has no final remarks and seeing that there is no one who would like to provide testimony, Council, do you have any questions for the applicant or staff at this time? If not, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Items 15 and 16. Borton: Second. De Weerd: Motion to close the public hearings. All those in favor say aye. All ayes. Motion carried. Meridian City Council April 25, 2006 Page 36 of 43 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick discussion before I consider a motion and that is that I have heard it a couple different ways as far as -- this project has less open space than the past project. I have heard it called a little bit less creative. However, I think that the housing type and the marketing mix and the lack of what I thought was a mix of the alley-loaded product in a larger number than we had seen before, I think this project is a nice redesign. It still incorporates all the comments from surrounding property owners and neighbors and the applicant's included a willingness to meet their right of way requirement for the current section plan. So, those are my individual comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got real concerns on the density and the size of the lots and the setbacks, which isn't your fault. The setbacks is our fault, the four foot. But I'm -- to quote one of the Councilmen from tonight; I'm in no hurry to annex a high density, small lot subdivision in at this time. De Weerd: Okay. Any other comments? Okay. Hearing no further discussion, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 15, AZ 05-038, Annexation for INine Subdivision, to include applicant comments. Borton: Second. De Weerd: Okay. I have a motion and a second on Item 15 to approve. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 16. Meridian City Council April 25, 2006 Page 37 of 43 Wardle: I move that we approve Item 16, PP 05-037, preliminary plat for INine Subdivision and to include applicant comments. I believe there was some specifics in regard to fence type as well. Borton: Second. De Weerd: Okay. There is a motion to approve Item 16 with comments as noted. Mr. Berg. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: 1'm trying -- I believe that the staff report and the conditions of approval currently require a full one hundred and I believe what the applicant is asking you -- or, I'm sorry, one hundred feet from center line for the right of way dedication for this project. I believe what the applicant is asking you to approve is up to one hundred feet and that he would negotiate further with ITD on what that is. So, if -- I just -- if you could make that clear what you're approving, that would be helpful. Wardle: Madam Mayor, just to clarify my comments in regard to right of way, what I heard the applicant say is that they could meet the specific requirements that ITO had given the section line, which were required in the staff report and any further negotiations certainly their -- I'm not necessarily requiring it in my motion. Second agrees? Borton: Second agrees. Between the applicant and lTD. Wardle: Is that clear? Canning: Yes, sir. Thank you. Oe Weerd: Okay. Mr. Berg. Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 16: Continued Public Hearing from April 11, 2006: PP 05-037 Request for Preliminary Plat approval of 175 single-family residential building lots and 12 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC - southeast corner of Ten Mile Road and Chinden Boulevard: Meridian City Council April 25, 2006 Page 38 of 43 Item 17: Continued Public Hearing from April 11, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium-High Density Residential zone for Cas a Meridiana by Insight Architects - 1777 Victory Road: Item 18: Continued Public Hearing from April 11, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32-unit multi-family development in a proposed R-15 Medium-High Density Residential District for Casa Meridiana by Insight Architects - 1777 Victory Road: De Weerd: Okay. Thank you. Items 17 and 18 were requested to be continued to May 9th. Berg: Madam Mayor, do you want me to get Mr. Rountree? De Weerd: Yes. Okay. I need a motion to continue Items 17 and 18. Rountree: So moved. Wardle: Second. De Weerd: That was to May 9th. Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We have already done 19. I -- yes, Mr. Wardle. Wardle: Madam Mayor, before -- if you have comments or we close the meeting, the clerk and I have a question about next week's meeting. We have two items on the agenda, which have been scheduled and noticed, so they continue to appear on the agenda. They are the two comp plan amendments, one for South Eagle Road and Victory and the other for South Wells Street. Both of those projects were recommended to come forward from the Planning and Zoning Department with specific applications. Anna, did you -- Canning: Yes. I haven't said anything. No. Wardle: Oh. And they are now in the pipe line at the Planning and Zoning here -- or the Commission. Either Anna or Bill, do you have an update as to when those may-- Canning: The Wells property -- I forget the date. They are both very close to being ready to come up to you. We can get you specific dates for your hearing next week, probably. We can anticipate a date for you and have those continuing -- continuance dates ready. Meridian City Council April 25, 2006 Page 39 of 43 Wardle: And, Council, I guess the question from a scheduling standpoint was we have the ability to hear them without the applications themselves. However, it has been kind of a recommendation from Planning and Zoning and, then, also a consensus -- I'm just confirming the consensus -- that we continue these two Comp Plan amendments until the specific applications come forward; is that -- okay? Bird: Yeah. Don't bother me. Rountree: Fine with me. Nary: Madam Mayor? Bird: Works okay with me. De Weerd: Mr. Nary. Nary: And I think when I had a discussion with Mrs. Canning -- that's why I was pointing over there. I don't think the anticipation was having a hearing next week anyway. I thought the -- I thought what I had understood is they were -- there was a scheduling meeting or a scheduling time for that anyway, so that -- wasn't that correct? Canning: Madam Mayor, Members of the Council, Mr. Nary, I have made that statement in the past and, then, I thought with my feeble mind these days, maybe I better go back and check the record. But I haven't had a chance to do that. I can't remember if this is the date we scheduled them to, thinking we would be able to have the hearing -- and I'm getting a nod from Mr. Berg. So, that -- I'm not sure. But, in any event -- Wardle: I'm going to -- Council, I'm going to ask -- I'm going to ask the Clerk just to post a note that we will be -- when he notices this that we will be continuing it to a date certain and, certainly, the public can come and -- if they want and we can give the date we are going to hear it. So, just if you get calls. Thank you. De Weerd: Okay. Council, I have a couple of things. I did pass to you a pamphlet. Mr. David Bulger at Clarence Jones' retirement party gave him a time piece for retirement. Well, his time piece is a street clock and he has asked for my office to make suggestions on what that should be. I thought it would give to recommendations to our City Hall committee, as we feel it can be designed in the City Hall plaza, and so I will just bring it to the City Hall committee for their consideration and design as to whatever we do with City Hall. But those are the two things that are closest to the design of the current clock we have in Generations Plaza, as well as it's closely aligned to our street lights as we could possibly get. I do have a letter here from the City of Eagle regarding the annexation meeting or their Comprehensive Plan change that they have in front of the county. Will, did I give you a copy of that? I thought you would find that interesting. I also have here some information on ASAFA. It is the Treasure Valley Special U.S. Attorney Project. It has information -- kind of a talking point white paper. It looks to be - Meridian City Council April 25. 2006 Page 40 of 43 - the legislature put money towards it this year to match what the Treasure Valley Partnership has prepared and this is a follow up to an earlier mention of this and so that's just for your information. If you will pass that down to the attorney as well. And to the clerk. And one final piece -- oh. And, chief, I have a copy for you as well. And the final piece is some -- there was a coalition on public transportation put together by the Boise Metro and Chamber of Commerce and in cooperation with the other chambers, local legislators, businesses, and here is a proposal on local option funding legislation for transit. They just pass that out for comment right now, so that's an FYI as well. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to make you aware to follow up on two projects that I know are of interest to you. Now, the Ada County Highway District commissioners are taking up the matter of the vacation of the alley on the creamery property tomorrow with the current property owner. I was going to attend just in case there were any questions or issues that come up that have an interest to the city. Hopefully, with all the good will we have with the highway district, it will be closer to the beginning of the meeting, rather than the end. And, then, on Thursday night, in conjunction with the letter you received there from the City of Eagle, the Ada County Planning and Zoning Commission was taking up the matter of the Eagle area of impact change that's related in that letter. I was going to attend that as well. We have -- I've had -- tried to get in touch with the attorney handling that matter for the City of Eagle. I have not been successful yet. We'd simply ask for some assurance from the City of Eagle in regards to the land use expansion that we are looking at north of Chinden that would be in their proposed impact area. They had indicated in our earlier meeting they had no objection to that. I just wanted some further assurance of that for the city. We haven't received that yet. We have simply received the letter we have got today. So, they will probably make their feelings known about that as well Thursday. But I will be able to report that back to you next week. Bird: Madam Mayor? De Weerd: Oh, yes, Mr. Bird. Bird: We did -- we did get -- receive our RFQs for architects and construction manager. What was it, seven architects and eight or nine -- our committee met last Thursday -- Thursday or Friday. Berg: Friday. Bird: And we are getting these all out to all the committee. We are going to meet May 3rd and start the process of going with and hopefully by the 3rd of -- or the 16th of May we will bring a recommendation back to Council. We hope to have it at that time. So, we had good response. I think we have got a very very good level headed committee. Meridian City Council April 25, 2006 Page 41 of 43 And I think we will get started with the City Hall. And, Joe, did I answer your question okay when you e-mailed that -- Borton: You are the only one who tried, so I appreciate that. Canning: Madam Mayor, may I -- I have a question to ask if it's okay. I don't think it's a very long answer. About six or eight months ago we started trying to have the Findings ready for you to approve the night of the hearing. I think the confusion it has created is perhaps not worth the benefit at this point and I would ask if Council Members or Mayor had a very strong feeling about it or if we can go back to having Findings prepared for the following hearing. It's particularly difficult, because we are bundling everything in the same staff report. So, although you may not have comments on the annexation or the preliminary plat, if you have got comments on the CU, did we really need to redo the whole Findings and I think it would make the clerk, in particular, a lot happier. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: It would make one Councilman a lot happier and I think it would make your staff a lot happier. I think we need to go back to the old way. Sometimes trying new ways are successful, but I think this time, because, you know, we get different testimony sometimes, the public testimony and stuff, that has happened between the Planning and Zoning and ours and, then, you -- your staff works theirself writing it and, then, they have to go back and rewrite it. So, I'd like to go back -- this is one Councilman that would like to go back to the old way and decide the Findings of Facts and Conclusions of Law and, then, write it and pass it. I mean I just think it would be fair to the staff. Less time. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I actually like to have the Findings available, because I think it gives -- I have seen writing the Findings and, then, the staff report becomes a more thorough observation of the oveNiew of the project and certainly I know it's a staffing issue. The one thing that I would hate to see is if we go to Findings, the thing I saw in the past -- and I understand the new process, but I have seen in the past -- and that is prepare the Findings and, then, we would get Findings sometimes a number of weeks after the application had been through and so that would be a concern of mine of this change would have that happen. Canning: Madam Mayor, Members -- Councilman Wardle. I think if they are small changes we can still do it the next week, because the main part of the Findings document is that staff report. And we will still have that staff report prepared for you. There is no doubt -- question about that. It's just incorporating those changes into it and if they are minor, then, we can get those back to you the next week. It shouldn't really slow things up more than it is now. If they are major, I do ask sometimes that you put it Meridian City Council April 25, 2006 Page 42 of 43 off until the minutes are available, because I can't record all the necessary details sometimes when I'm up here by myself and that's the only time I ask if it gets complicated or if we need to review the minutes is when I ask for it to be longer. But I think we could try for a week in all cases and, then, just ask for exceptions if needed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, after about my first year we never had problems with Findings and I think Ron and Tammy and Charlie and Bill -- two weeks is usually sufficient. That gives the staff plenty of time, so they are not rushed and once you start rushing -- our first year or two that I was on there, we -- it was -- sometimes we didn't even get Findings, but, anyway, we got that taken care of. Rountree: For months. Bird: For months. But, anyway, I think -- I don't know how President Wardle, thinks, but I -- two weeks would be sufficient for me to come back. And I think the applicants would have no problem with that. Wardle: Madam Mayor, again, just so that I -- I mean I want to make clear that today there is an expectation that the Findings be done when it comes to the Council and that's a compressed time period for staff members. I just don't want to see the expectation for the urgency slip in that manner. So, if we need to formalize it in a week or two weeks, make it a staff policy, that's fine. Just let it be consistent. Canning: And it used to be that we routinely schedule it out for two weeks. I think that of the easy ones where there aren't much comments, like many of the ones you had tonight, we could turn around in a week pretty easily. I'll leave that up to Council. But I really think that the -- it's -- we tried to make this change to speed things up. It doesn't seem to be working. And I'm not sure it speeds things up much if there is a development agreement tied to it anyway, because it takes a couple months to get all that worked out. It seemed to have been more of an issue on the Conditional Use Permits, which you're no longer the decision-making authority on those, so I think a lot of the urgency is gone. De Weerd: Okay. Anything further? Okay. Thank you, Anna. Canning: Thank you. I'm sorry, I probably should have put that on a department report, but -- De Weerd: No. That's fine. Would entertain a motion to adjourn. Rountree: So moved. Meridian City Council April 25, 2006 Page 43 of 43 Borton: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 9:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) _.~~ .-....,.-~--_._..---- -'..-........., ~, \ S" / 1,J / 06