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HomeMy WebLinkAbout2001 10-02 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 2,2001, at 6:30 p.m. City Council Chambers 1. RolI~call Attendance: x o Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird Swear in new Police Chief - Richard M. Worley 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of September 4, 2001 City Council Regular Meeting: Approve B. Approve minutes of September 18, 2001 City Council Regular Meeting: Approve 5~C. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01~003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Approve as amended 5-0. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Approve as amended 5-E. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01 ~006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, Meridian City Council Agenda - October 2, 200 I Page 1 01'4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Approve as amended 5-F. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R 1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L. C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve 5-G. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Approve 5-H. Tabled from September 18, 2001: Findings of Facts and Conclusions of law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L. C. Development, Inc. - Franklin Road west of Locust Grove Road: Attorney to prepare new Findings and Facts and Conclusions of law for Approval 5-1. Tabled from September 18, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Table until November 7,2001 Meeting 5-J. Findings of Facts and Conclusions of Law for Approval: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Table until October 16,2001 Meeting 5 -K. Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Table until October 16,2001 Meeting L. Approve Bills: Approve Meridian City Council Agenda - October 2, 2001 Page 2 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. M. Appointment of Parks and Recreation Commission Mayor Corriet Jim Keller, Sherrie Baker, and Paul Newcomb for 3 year terms: Approve 4. Department Reports A. Public Work's Department - Gary Smith: Brad Watson 1. Five Mile Sewer Trunk Latecomer Agreements: Working on - Table until October 16t 2001 Meeting 2. White Drain Trunk Sewer Easements: Howell~Murdoch - Approve, Bayless - Approvet Young Lands ~ Approve 3. South Slough Sewer Easements: Dauven ~ Approve 5. (Items Moved from Consent Agenda) 6. Tabled from September 18, 2001: FP 01~015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Table until November 7, 2001 7. Continued Public Hearing from September 4, 2001: AZ 01-010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law 8. Public Hearing: PFP 01 ~004 Request for Preliminary/Final Plat approval of 3 building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View Drive (southeast of East Magic View Drive and South Allen Street): Attorney to Prepare Findings of Facts and Conclusions of Law 9. Public Hearing: PFP 01 ~003 Request for Preliminary/Final Plat approval of 2 building lots on 4.04 acres in an I-L zone for proposed Heartwood Subdivision by Pinnacle Engineers, Inc. - northwest corner of West Franklin Road and North 10th Street: Attorney to Prepare Findings of Facts and Conclusions of Law 10. Public Hearing: CUP 01~026 Request for a Conditional Use Permit for the addition of a Drive-up window and Drive-Thru lane in a C-G zone for Moxie Java by Avest Limited Partnership c/o Dakota Company - North Locust Grove Road and East Loop Lane: Continue to October 16, 2001 Meeting Meridian City Council Agenda - October 2, 200 I Page 3 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring aeeommodation for disabilities related to documents and/or hearings please eontact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Public Hearing: AZ 01-013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing Co. - 3225 Commercial Court: Attorney to Prepare Findings of Facts and Conclusions of law 12. FP 01~016 Request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Approve with Staff Comments 13. TE 01-008 Request for a One-year Time Extension on the Preliminary and Final Plat originally approved on October 3, 2000 for Resolution Subdivision No. 2 by G. L. Voigt Development - Overland and Locust Grove Roads: Approve 14. Resolution No. 01-370 policy manual for holidays: Approve Amending personnel 15. Discussion of Ada County Application Powder River Project and the definition "Municipal": Memo from BiI Nichols to Ada County Commission by 5:00 P.M. Wednesday October 3,2001 16. Mill levy Election - discussion to promote: Meridian City Council Agenda - October 2, 200 I Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Cleffi's Office at 888-4433 at least 48 hours prior to the puhlic meeting. Meridian City Council Meeting October 2. 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:45 P.M. by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Ron Anderson, and Keith Bird. Members Absent: Cherie McCandless, Others Present: Shari Stiles, Gary Smith, Brad Watson, Ken Bowers, Stacy Kilchenmann, and Will Berg. Corrie: Okay. Now I apologize to the people in the audience tonight. We had an executive session and it ran over more than we anticipated, but I thank you for your patience and we will now open the City Council regular meeting, Tuesday, October 2, 2001, at the 6:45 P.M. We will have roll call attendance, please, Mr. Berg. Item 1. Roll-call Attendance: x o Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Ron Anderson Keith Bird Swear in new Police Chief - Richard M. Worley Corrie: Okay. Now I would -- the first item on the agenda is the swearing in of our new police chief officially and I would ask if Mike Worley would come up and we will swear him in officially. As you may know, we have a new police chief; he's been on for about two weeks now, but we want to do this officially. I did it earlier in his office, but we'd like to put it on the record the swearing in tonight. So, Mike, if you would raise your right hand. (Police Chief Richard M. Worley sworn in.) Corrie: Okay. Also I'd like to welcome the Troop 126 Boy Scouts tonight. I had a chance to meet them earlier and they are a great bunch of fellows and they are working on their Eagle and all their badges and so welcome, fellows, and Scout leaders and Dr. Fenton, nice to see you again. We have two government -- three government students in the back. If you'd like to stand up. From Meridian High School or junior high or -- high school. Congratulations. Thanks for attending tonight. Item 2. Adoption of the Agenda: Item 3. Consent Agenda: Meridian City COllncil Meeting Oetober 2, 200] Page 2 A. Approve minutes of September 4, 2001 City Council Regular Meeting: B. Approve minutes of September 18, 2001 City Council Regular Meeting: C. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: D. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: E. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: F. Tabled from September 18,2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: G. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: H. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request Mcridian City Council Mccting Octobcr 2, 2001 Pagc 3 for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: I. Tabled from September 18, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: J. Findings of Facts and Conclusions of Law for Approval: AZ 01-011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: K. Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: L. Approve Bills: M. Appointment of Parks and Recreation Commission Mayor Corrie, Jim Keller, Sherrie Baker, and Paul Newcomb for 3 year terms: Corrie: Council, we have Item No.2, the adoption of the agenda. I would like to add to this agenda that I will be giving you the three names for the addition to the Parks and Rec nomination to the City Council tonight on the first part of the agenda. If you want to put that on the consent agenda I can. We will introduce Paul Newcomb, he's the new one here tonight. Is there any other additions or corrections that -- De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: If we could add that on before the department reports, that way we can introduce Mr. Newcomb and we can vote on it. We also need to pull a couple of agenda items off the consent agenda, Items F, G, and H. Oops. Sorry about that. Not those, but C, 0, and E, on Bridgetower, and also I, and move them into Item 5, C, 0, E, and I. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting October 2,200] Page 4 Bird: I believe that we also probably need to pull F, G, and H. I believe, if I remember right, they were getting -- we were getting an answer back on those regarding what they were -- the applicant was going to do. Corrie: Okay. Council, so you want to move F, G, and H to five -- Bird: Pull 5F, 5G, and 5H. De Weerd: And just an additional note would be Item No.1 0 on Moxie Java was asked to move to October 16th. Corrie: We will table that. Thank you. De Weerd: That's just for anyone who might be here for that. Corrie: Anyone else? And also Briggs Engineering would like for us to also pull J and K at this point in discussion and they are asking for two weeks -- Bird: They wanted to move it to table it or-- Corrie: To table it for two weeks, so that would make it-- De Weerd: 16th. Bird: 16th. Corrie: 16th. We will have that as being pu lied and then we will just work with that. Bird: Mr. Mayor. Corrie: Excuse me. Mr. Bird. Bird: I'd move that we adopt the agenda that has been noted and also in the same approve the consent agendas with the five -- with C, 0, and E being moved to 5C, 5D, and 5E. F, G, and H being moved to 5F, 5G, 5H. And I being moved to 51. And items J and K being tabled to October 16, 2001. With that I'd make a motion we approve it. Corrie: Okay. De Weerd: Second. Corrie: Motion is made and seconded to approve the -- adopt the agenda as changed and also per the consent agenda, Item A and Item B, and table J and K until October 16th. And L? No. Yes. And approve L. Right. Okay. We'll get that approved. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting October 2, 200 I Page 5 MOTION CARRIED: THREE AYES, ONE ABSENT. Item 4. Department Reports A. Public Work's Department - Gary Smith: Brad Watson Corrie: All right. Let's see. We need department reports. Gary Smith. Or Brad? De Weerd: If you want to do the parks commission first? Corrie: Okay. Do you want to -- is that where you want to put it? De Weerd : Yes. Corrie: Okay. After approval of this. Okay. Council, I have given the request to the City Council to approve of three positions on the Parks and Rec Department. Jim Keller and Sheri Baker as requested that they could stay one more term. They are on the board at this time. Then a new gentleman by the name of Paul Newcomb and that would be the recommendation that I have for Council. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I understand that the parks commission was going to meet on this last week. Did they meet and this is -- Corrie: That is their recommendation. Yes. De Weerd: Well, I would move to approve the appointment that you met, as long as Mr. Newcomb really knows what he's getting himself into. He has been in front of the Commission on a number of occasions, so he probably does. Corrie: We had a nice meeting this afternoon as well. De Weerd: So I would move to accept your nomination. Bird: Who are they? Who was that? De Weerd: Jim Keller, Sheri Baker, and Paul Newcomb. Bird: And what was the term for? Corrie: Three years. Bird: Three years. I second. Meridian City Council Meeting October 2, 200 I Page 6 Corrie: Okay. Motion has been made and seconded to approve the three people. Any further discussion? Then all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Opposed, no? I'd like to introduce Paul at thIS time, Paul B. Newcomb. Paul, thank you for volunteering for the Parks and Rec and, like I said this afternoon, welcome to the group and thank you for coming tonight. Appreciate it. Okay. De Weerd: And your two guests as well. Corrie: Yes. And your two boys. Newcomb: My administrative assistants. Item 4. Department Reports A. Public Work's Department - Gary Smith: Brad Watson 2. WhIte Drain Trunk Sewer Easements: Corrie: Right. They enjoyed the jellybeans, too. All right. Department reports. I think that's where we are. Okay. Brad. Watson: Thank you, Mr. Mayor, Council. We have back again this week some easements for two sewer projects. The first one -- the first group of easements is for the White Drain Sewer Trunk. The first one that we are going to look at -- and I believe I've given you a rather thick packet of these documents. The first one is this pIece right in here owned by Howell Murdoch. You looked at that last week. And I was asked to go back and look at what part of the permanent sewer easement is included in the existing Settler's Irrigation District, WhIte Drain easement. I don't know if you can read that up there, I can't from here, but our engineer calculated that 0.29 acres was in the White Drain easement. This is the easement where the developer wishes to, eventually when he develops, construct of pathway, and have that count toward his open space requirements. That was the question before you asked the -- Shari mayor may not have some comment on that as well. I would be happy to entertain questions. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So, Brad, part of that is not considered the regular easement, that this is open space pathway would be outside of that? Meridian City Council Meeting October 2, 200 I Page 7 Watson: Councilwoman de Weerd, Mayor and Council, the permanent sewer easement would contain the eventual pathway. The permanent sewer easement also includes .29 acres of what is already existing as the drain way -- drainage way easement. Is that it? Did I answer your question? De Weerd: So the sewer easement is one and the same as the easement that would be required on the drain? Watson: For 0.29 acres it is. The sewer easement on that east end gets really wide and it does overlap all the way to the north boundary. It's just the shaded area. Correct. The white line that comes up on the west side, goes north, and then traverses east is the permanent easement. The yellow one is the temporary construction easement. De Weerd: Thank you. Corrie: Any other questions, Council? Bird: I have none. Corrie: Okay. Any discussion? Hearing none, I will entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we accept the permanent temporary construction sewer easement from Howell Murdoch Development Corporation with -- and approve the right-of-way contract and authorize the Mayor to sign and the City Clerk to attest to the easements and right-of-way contract. Anderson: Second. Corrie: Motion has been made and seconded on the stated motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Watson: Thank you, Mr. Mayor and Council. The second White Drain Sewer Trunk easement is -- that has been signed is from Bayless, Gene Bayless. I understand it's under option to Gary Voight. It's where the proposed Sundance Subdivision was, just east of Linder, directly east of the 58 acre park. The item to discuss in this one is that they propose that it meet some future roadway alignment through here. There is an existing easement that Mr. Bayless signed sometime ago along the northern boundary, but it came back in with a new alignment, so that it would -- a new easement alignment, so that it would coincide with their future street alignment. They propose two different ways to get it to the east, both through this cul-de-sac up here and through this stub Meridian City Council Meeting October 2, 200 I Page 8 street. I don't have a recommendation in the memo I wrote you, because I wanted to give you an opportunity to discuss this. I have been in conversation with the engineer on this and I told him up front my concern is that it locks -- locks in the street alignment for when that plat does come in. Corrie: Council, questions? Discussions? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Brad, where is that application in the process? Has it been in front of Planning and Zoning? Watson: Councilman de Weerd, Mayor, and Council-- Briggs: Dean Briggs, Briggs Engineering. This piece is actually north of the Sundance Subdivision. Sundance is being heard on Thursday, although I think we are going to table it until the sewer issues become a little more clear. When the sewer issues came up Mr. Voight expressed interest in coming up with a design that was flexible and allowing the corridor through, other than just that northerly route. We have made some fairly deep lots on that north side, allowing us to do some arrangements that will make that work in the future, and it doesn't have -- as you can see, a portion of it is actually walkway, some street, and we can continue that type of design in the future. The piece to the east is being purchased I believe rather quickly. Mr. Quenzer had that. There is also an easement along the north property line of that parcel. Mr. Voight was trying to purchase that parcel and that's why we were carrying it down through the street and so we have given two options on this, one to go up to the north where the easement exists or it could come through -- and hopefully those people will come back and pick one. If they don't, we can move them north and still be in the easement to the north there. De Weerd: Thank you. Corrie: Thank you. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Brad, I had the question. You said we already had an easement to the north of the property that went through there. My question is -- I mean this looks like it takes a lot of jogs and turns. For maintenance, for future cleaning of the lines and all that kind of stuff, do these additional jogs that this would take by changing this easement, does that make it more expensive to maintain these lines for the city or about the same or does it create any problems in the future? Meridian City Council Meeting October 2, 200 I Page 9 Watson: Councilman Anderson, Mayor and Council, it -- we bid out our maintenance on a per foot basis. It's relatively inexpensive, about a quarter per foot. I mean, obviously, some additional length. So, yes, there is additional cost. I don't know how substantial they are. Anderson: Does it affect flow in the future? Watson: I would say not. Briggs: One comment in that regard. If it were on the north side, chances are it wouldn't be serving a lot, it would be a sewer without a connection. So you would actually have another sewer. That's one of the reasons that we made this south, so we could get it into the street and use it for a collection. If we leave it to the north it probably won't. We should have less linear feet in the end. Anderson: Thanks, Brad, for that informative information there. Corrie: Okay. Any other questions, Council? Do we want to table this? Bird: What do we do if we have already granted -- we have got an easement to the north, so do we have to change the plat or what do we have to do to change the easements from the north of this property down to the -- where it is now? Corrie: Brad? Watson: Councilman Bird, Mayor, and Council. We -- until there is an application I don't think we do anything with the existing easement along the north parcel line. There is no application, as I stated, that exists on this north property. I'm somewhat mistaken, because the stuff down below is Sundance property. I just thought this was kind of -- part of the same thing. Bird: Well, the problem is that this -- the owner of the property signed an easement and it says it's recorded. Watson: Councilman Bird -- Bird: That's what it says right here. Watson: Yes, it is. Bird: So if it's recorded, you have got a -- this is -- my thinking is you got to get rid of the recorded easement and then put a new easement within the same deal. I don't know. Legally -- I mean I'm not a lawyer, but it just seems like common sense that you have to get rid of the one easement up to the north that you're not going to use or -- that was -- the easement was for utilities and now we want to move it down, I don't know, you know, two, three hundred feet down into the middle of it and record it that way. I don't Meridian City Council Meeting October 2,200 I Page 10 think we can have two utility easements recorded on the same plat. I mean if they want to do that, I guess we could, but-- Anderson: May have to vacate one and then -- Bird: May have to vacate one. So how do we do it? Corrie: Mr. Attorney? Nichols: Mayor, Members of the Council, I saw Brad raise his hand. Did you have something? Watson: Well, I was just trying to answer -- obviously, it would have to ultimately be vacated when it was platted, but I wouldn't want to vacate that at this point, because we have still got a little ways to go. If you approve this tonight, we still have to go through the design and I would hope this would at least go through some planning and zoning, maybe some public hearings. We are a little ways away from construction. I want to have the ability to always revert back to that straight alignment on the north boundary until -- until this is okay. Bird: Well, then -- Mr. Mayor. Corrie: Mr. Bird. Bird: Then what you're telling me is you want two right of easements on this property right now? You don't want to -- you don't want to vacate or get rid of the one on the north property, but you want to do this one here, too? Watson: Councilman Bird, Mayor and Council, the one on the north would be more of a safety net. If you went ahead and granted -- or accepted this easement on this alignment, my plan would be to vacate the north one, ultimately, as that project is coming through with the final plat, unless there is some reason I need to start that sooner. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mayor, Members of the Council, I mean it seems to me that this alignment is from the request of the property owner or the owner's option and so what this does is it gives the ability to know where the alignment is and they can propose their development, if they do, with this particular alignment. It doesn't bind the city to this alignment, because you have the other easement as an option. So it doesn't pre- suppose that this layout is going to be approved by this Councilor whatever Council it appears in front of. So you can go ahead and approve this, but then at that -- if I were the property owner coming in and requesting approval for a development with this Mcridian City Council Mccting October 2, 200 I Page 11 alignment, I would also apply for vacation of that easement on the north boundary at that time, so that it's all taken care of as part of the same plat if it's approved. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree, but the question I have got, does the owner know that we are not going to vacate the north boundary one at this time and is he in agreement with that, to not vacate it at this time and still give the easement for this, as we record this one? Watson: Councilman Bird, Mayor and Council, all I know is that I told him for this to even be considered he had to sign it, so that I could bring it before you and there was no accompanying request to vacate the other easement. Bird: Okay. Thanks. De Weerd: Well, yes, I can see there is probably a variance needed in a block right there. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. Then I'll entertain a motion on the request, sort of. Bird: I don't know how to make it. Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we accept a second easement from David and Eunice Bayless by Gary Voight on the property east of Meridian Road and for the Mayor to sign and the Clerk to attest and I don't know any other way to make it. De Weerd: Second. Corrie: Okay. Motion's been made and seconded to approve a second easement in the David and Eunice Bayless, by way of Gary Voight, the property east of Meridian Road, proposed Sundance Subdivision. Further discussion? De Weerd: No, not in the proposed Sundance Subdivision. Corrie: It's north of the proposed -- okay. Anderson: Mr. Mayor. Meridian City Council Meeting October 2,2001 Page 12 Corrie: Yes. Anderson: Do we need to reference this to something so that whoever is recording this knows what document we are referring to? I see an Exhibit C up there in the corner, Maybe we could refer to it as that. I don't know. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I would refer to the agreement, the sanitary sewer line easements dated September 26, 2001. Bird: Okay. September 2nd, 2001. Okay. The agreement-- Corrie: Okay. Good. Thank you, Mr. Anderson. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Watson: Thank you, Mayor and Council. The third White Drain Trunk Sewer easement is for a piece of property that is part of the Bridgetower project. It's owned by Young's Land. This is directly west of the Howell property that you were looking at just a minute ago. As you thumb through the packet, the actual easement thafs -- I guess Gary just handed it out to you. I don't think I included it in the packet, the actual easement form. If you thumb through to the right-of-way contract, it's the fourth page back, about midway down that page it has additional stipulations, and there is a rather long list of stipulations on that easement and I would be happy to discuss any of those in detail if you have any questions. Corrie: Any questions on the additional stipulations? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Brad, in connection with this list of requirements, would you, please, comment on how difficult some of these mayor may not be? Watson: Mr. Nichols, Mayor, and Council, this was a very, very long negotiation process on this one. There is one part that could be somewhat difficult and it has to do with the sewer services into the trunk line and the coordination between our contractor- - having our contractor doing it or their contractor doing it while we are out there. Nichols: Brad, is there any limit on the number of connections? Are these connections to be made without payment of any connection fees? Or what's to be -- what's the contemplation on these requirements? Meridian City Council Meeting October 2, 2001 Page 13 Watson: Mr. Nichols, Mayor, and Council, if you thumb through the very last page of that, that I just handed out, it talks specifically about the arrangement between Prime land and the City as to the sewer services being installed along there. We will include it in our overall bid and there are 24 four-inch services will be reimbursed if the bid price comes in at 125 or less. If it's over 125 or, quote, unquote, unreasonable, we will deleted those from our project and coordinate with the developer -- we will put Primeland's contractor to install those while we are out there. That's probably the most difficult part of this easement. Corrie: Mr. Nichols, did that satisfy your question? Nichols: Mr. Mayor, I believe it at least makes it more clear. I just was concerned about the connection fee issue. But apparently this is just to put in the service stubs, so that when there is development and an actual building that connects the sewer line they pay their connection fees. Corrie: Brad. Watson: Mr. Nichols, yes, that's correct. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Is number five a typical agreement? With the lots being done down, how do you compensate for loss of crops when they have already hired this. Bird: For the next ten years, whatever they -- Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: I think Brad -- I think we have talked about this before. I think it's when the construction goes in and tears up these alfalfa plants, it will take some mature alfalfa plants out that won't be able to be -- even if it's reseeded it will be awhile before there is any crop or is it something different? Watson: Mr. Mayor, the actual reason for this is we are building an access road through that farmland. It's a permanent loss of crop. De Weerd: Okay. Thanks. Corrie: Any questions? Discussion? Okay. Hearing none, I'll entertain a motion on the req u est. Meridinn City Council Meeting October 2, 200 I Pngc 14 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we accept the permanent and temporary construction sewer easement on the Young's Land, LLC, and approve the right-of-way contract and authorize the Mayor to sign and the Clerk to attest. Anderson: Second. Corrie: Motion has been made and seconded to accept the permanent and temporary construction sewer easement to Young's Land, LLC. Any further discussion? All those in favor of the motion say aye. Opposed no. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. 3. South Slough Sewer Easements: Watson: Thank you, Mayor, and Council. That's all I had for the White Trunk easements. We have one South Slough easement to discuss and that should be included -- a copy should be included within your packet. This is for Albert and Mary Dobbin. It's up on the screen right now. This is a rather interesting one. I have attached a copy of the letter that I wrote to them last week and all of these things listed in this letter were conditions of them signing that easement. This permanent easement just to the east of them is the -- over here is the one that was approved last week that goes through that residential house's site, lot nine, Youngstrom, that's going to be bored through here. All of this in here is horse pasture. This area between the house and the stable, this is a riding arena that's been built. We approached -- this is Wingate Lane right here, for your information. We approached them about coming along the South Slough right here, but this barn -- this stable has been built really, really close to it and the only option was to relocate the barn somewhere. So we went back and did a new alignment coming right in front of the stable. The fencing on the riding arena is right in here. So we would be sneaking right through -- through those two items. Sneaking with a trackhoe, as Gary says. Tiptoeing through with the big equipment. Down Wingate Lane, nonetheless. I would be happy to answer any questions you might have on all the conditions that are listed in that letter. There is quite a laundry list De Weerd: Mr. Mayor, Corrie: Mrs. de Weerd. De Weerd: How did we come about putting prices to some of this -- some of the laundry list? Watson: Councilwoman de Weerd, Mayor, and Council, the first couple are pretty easy. We had appraisals from the value of the easement. The horse boarding we were Meridian City Council Meeting October 2, 2001 Page 15 provided a copy of their contract from the boarding stable, I guess you would call it. I don't know that I have a copy of the temporary fencing item. Our easement agent does. The last two -- the two 1,000 dollar items, I don't have any substantiating figures on that. Especially the last one. Corrie: Where are they boarding them? Watson: I have that in a file. I don't know where. There are five horses. She participates in horse jumping competitions, so these aren't run-of-the-mill farm horses, from what I understand. They are -- as our easement acquisition guy said these are her babies and, therefore, you see the prices. Bird: Does that boarding sound about right, Ron? Anderson: Better not comment. Better not comment. De Weerd: I have nothing further. Corrie: Okay. Council have any comments? Questions? Any further discussion on the request? Okay. Moving right along. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we accept the permanent and temporary construction sewer easement from Albert and Mary Dobbins, authorize payment of $5,528.00 for the easement in accordance with the prepared appraisal; $11,330 for those items outlined in Brad Watson's letter, dated September 27th, and authorize the Mayor to sign and the Clerk to attest. Bird: I'll second that. Corrie: Okay. Motion has been made and seconded to accept the recommendation of the Public Works. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I got one question. In this proposal that you will come back with the 500 a month if it runs past March 31 , 2002? Watson: Councilman Bird, Mayor, and Council, yes, we will at that time if we are going over. Meridian City COLlncil Meeting October 2, 2001 Page 16 Corrie: Okay. Any other discussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. 1. Five Mile Sewer Trunk Latecomer Agreements: Watson: Thank you, Mayor, and Council. I apologize; I skipped over the -- item number one in the Public Works department reports in my enthusiasm for the easements. We met with the developer who had brought up the questions on the Five Mile latecomers agreement last week, Gary and Bruce Freckleton and I and we are going to go back and look at our calculations and those haven't been completed. Well, they weren't completed as of last Thursday, so we don't have anything to offer on that topic. Corrie: Okay. Thank you. Yes, Brad. Watson: I'm sorry, Mayor. Could that be tabled until the next available Council -- Corrie: Yes. The 16th? Watson: Yes. Thank you. Corrie: Yes. That -- you can bring that back the 16th. I need to -- do we need a motion or do we need to -- we do. Okay. Item 5. (Items Moved from Consent Agenda) 5wC. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: AZ 01 w003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: 5-0. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-005 Request for Preliminary Plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: 5-E. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-006 Request for a Conditional Use Permit for 692 single-family lots, 59 townhomes, 17 office lots and 10 commercial lots on 370.55 Meridian City Council Meeting October 2, 200 I Page 17 acres in proposed R-4 and C-G zones for proposed Bridgetower Crossing Subdivision by Primeland Development Company - north of Ustick and east of Ten Mile Roads: Corrie: Item No.5, then, items moved from the consent agenda, C, 0 and l. C, 0, and E. Rig ht? Bird: C, 0, and E. Corrie: That was the -- Bird: That's one item. Corrie: One item. Bird: F, G, and H. Corrie: Bridgetower Crossing. We will take item C, Findings of Facts and Conclusions of Law on request for annexation and zoning, Bridgetower Crossing Subdivision. De Weerd: Can we do C, D and E at the same time? Corrie: We can take C, 0, and E all at once if you'd like, yes. Bird: Yes. Let's do. De Weerd: Yes. Let's -- Corrie: Okay. Findings of Facts and Conclusions, request for Preliminary Plat and Finding of Fact and Conclusion of Law for Conditional Use Permit. Bird: Okay. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council, I guess it was me. The way we have the last set of findings, Shari and Becky were going to get together and see if we could agree on some language that pertained to the concept approval versus some of the different layouts. I got an e-mail from Shari that addressed her concerns. I guess we can cover that with what was in the Council's discussion and approval and then we got that to Becky late, but she got a response to the Council, which I think was received yesterday or, if not, then today. The difference, really, is only in the one issue over the language that we proposed and I think I covered in the memo that I gave to you, dated September 14th. Actually, that's -- I don't think that's the correct date. I think it was after that. But, at any rate, this was language that we put in about the concept issue. Becky Meridian City Council Meeting October 2, 200 I Page 18 has come back on behalf of the applicant and proposed some different language and I don't know about Mrs. Stiles, I don't have any problems with Ms. Bowcutt's proposed language, but Shari may, so -- Stiles: Mr. Mayor and Council, I felt that the proposal as submitted by the City Attorney was adequate. I don't have any particular problems with what she has proposed, except for the little part she snuck in about the roadway network. Our Planned Development Ordinance specifies major roadways and does not include the entire roadway network. So if that were to be taken out I could accept that language. Corrie: Ms. Bowcutt, do you have any objection to that? Bowcutt Becky Bowcutt, 12715 West Edna Court. I knew -- I don't think about my address. Mr. Nichols and I discussed what he wrote and he always comes up with great language. The only thing that scared me was the statement in here that these findings do not approve any proposed layout. On these concepts, it is not detail approval that we are looking for, but conceptual approval. So, obviously, the Clty will retain -- Shari or staff will retain their right and reserve that right when we bring in a detailed Conditional Use Permit say for a commercial use or we bring in the next Preliminary Plat to scrutinize it and apply all the applicable standards. I just want to make sure that the Council's interpretation of what we have done is in compliance with ours. The example I used for Mr. Nichols, if the concept or the layout is not -- if it is interpreted that it's not -- it has no approval at all and I bring in a new Preliminary -- or a second Preliminary Plat and someone says I don't like the school site there, move it to the south, and we have already constructed a half mile of collectors and everything and I have got to move a school site to the south and three phase power was coming in from McMillan and now I could have brought it in out of Ten Mile or Ustick and I have cut myself off. So I just want to make sure that this is concept -- I mean just concept only, but that we recognize that all of these pieces do fit together. If Shari wants more stub streets when the next Preliminary Plat comes in or other pathway connections, you know, that stuff's great, but I can't have people taking these collector roadways and moving them, because we are putting in about a half a million dollars worth of White Drain relocation and pathways and a million dollars in storm drains is going to go in and everything links together and so part of my designs on these first phases are linked to the entire site in its entirety. So I'm hoping the Council in adopting these findings views it as just a concept, but not that they are going to completely change everything when I come back in. Do you understand what I'm trying to get at, I guess? Corrie: I think so. Yes. Bowcutt: That's my point. Corrie: Thank you, Becky. Bowcutt: Thanks. Meridian City Council Meeting October 2, 200 I Page 19 Corrie: Any other questions? Staff? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, it appears to me that the decision is whether you take the language that I have drafted or take Ms. Bowcutt's language or take Ms. Bowcutt's language and change the words roadway network to collector roadways and I think if that satisfies Mrs. Stiles, then that satisfies Ms. Bowcutt's concern over the location of collectors and then that -- I'm okay with that. Corrie: Okay. Mr. Anderson, any questions? Anderson: No. Corrie: Oh, I thought you were -- Anderson: No. De Weerd: He's been awfully quiet tonight. Anderson: I'm always quiet. Corrie: Okay. Anyone else? Bird: I have nothing. Corrie: Okay. Then I will entertain a motion on the Findings of Fact and Conclusions of Law with the changes. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Fact and Conclusions of Law for approval, request for annexation and zoning for 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company, 2420 Ustick Road, with the changes as agreed upon by Ms. Bowcutt and Mrs. Stiles. Anderson: Second. Corrie: Okay. Motion has been made and seconded -- or motion stated. Any further discussion? Hearing none, roll call vote, Mr. Berg. Mcridian City Council Mccting Octobcr 2, 200 I Page 20 Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: The ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Preliminary Plat? Bird: Yes. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the findings of fact and conclusions of law for approval request for preliminary plat approval of 336 building lots and 58 other lots on 175.91 acres in proposed r-4 and c-g zones for the proposed Bridgetower crossing subdivision by Primeland Development Company, 2040 Ustick road. De Weerd: Second. Corrie: Okay. Motion made and seconded to approve the motion as stated. Any further discussion? Mr. Berg, roll call vote, please. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All yea. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: The facts and conclusions of law for the CUP request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the findings of fact and conclusions of law for approval of the request for a Conditional Use Permit for 692 single family lots, 59 townhouses, 17 office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C-G zones for the proposed Bridgetower crossing Subdivision by Primeland development company, north of Ustick and east of Ten mile, with the noted changes -- with the noted changes on the -- on the Letter -- on the changes on the roadway to collectors. Corrie: Okay. Meridian City Council Meeting October 2, 200 I Page 2 ] De Weerd: Second. Corrie: Motion has been made and seconded to approve the motion as stated with the noted changes. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Thank you. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. 5-F. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law of Approval: AZ 01-008 Request for annexation and zoning of 12.71 acres from R1 and RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: 5-G. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: PP 01-009 Request for Preliminary Plat approval of 10 building lots and 3 other lots on 12.71 acres in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: 5-H. Tabled from September 18, 2001: Findings of Facts and Conclusions of Law for Approval: CUP 01-015 Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Inc. - Franklin Road west of Locust Grove Road: Corrie: Items F, G, and H. This is the Baltic Place Subdivision, both for the Facts and Conclusions of law, the annexation and zoning, Preliminary Plat, and Conditional Use Permit of a Planned Unit Development. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, I believe Mr. Centers and his attorney are just outside, so -- here they come. Don't start until they are here. Corrie: Okay. Okay. What was this one about? Annexation, is that-- Mcridinl1 City COUl1cil Meeting Oclober 2, 200 I Pngc 22 Nichols: Mr. Mayor, Members of the Council, you recall that this was before you last regular meeting on the findings for approval with regard to the particular proposed development and that Mr. Centers had asked that the Council reconsider its decision and take up some issues and the Council had quite a long discussion about some of those things and I believe that at the end of that meeting there was some discussion that Mr. Centers might be considering a different type of proposal or -- so you have held off taking any action on those findings to give him some more time to look at his proposal, I believe is what we did. Corrie: I believe we will have you come up, Mr. Centers, and give us the information. Centers: Lee Centers, 325 Meridian Street. In pursuit of this project we had an idea to - - if sidewalks was the issue going down Franklin to the park, would you consider if we put up a temporary with ACHD, a five foot wide sidewalk that would connect this to the next sidewalk? I believe that was your biggest concern. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Lee, is that from the -- through your property to Stratford, which is already? Centers: Yes. Bird: And I also might note that we were told yesterday that there will be a temporary light -- stoplight at the fire station by November 30th. Centers: Oh, my. Corrie: It's a temporary stop. Yellow. Bird: Stoplight. So that is -- that gets rid of one of my concerns. Centers: And one more thing I might add is the sidewalks are poured from Watertower connecting Locust Grove, Atkins -- you can go out the south of my property now and actually get down to the park where the baseball -- by way of Watertower, since they have just been poured. Bird: Is the easement through the -- you would have to some have easements through the cemetery to put the sidewalk in, wouldn't you? Centers: Well, from what I have been told, we would just be on the highway's right of way, their existing right of way, because it will be temporary. They are going to have to acquire more right of way from them for the widening of the road, but I believe there is Meridian City Council Meeting October 2, 2001 Page 23 enough right of way acquired now for sidewalks through there. And that would be conditioned upon ACHD letting us do that. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I had a little different view of what we were talking about last time when we expressed to you our concerns. One of those was having children in -- basically in an area that's pretty much commercialized and industrialized right now and the fact that there is no good way for them to get to the park and also where they are going to play and what kind of vandalism they might do. We've also talked about the increased traffic that was on -- would be put on franklin Road with the apartment units as they were developed and I had concerns not just by Keith about the fire trucks getting out, but even creating breaks in the traffic so that people coming -- exiting from the apartment complex would be able to get onto Franklin Road and that a stoplight at the station only would be activated when there is an emergency, so it doesn't create regular stops for cars wanting to enter onto or exit off of Franklin Road. So at the last meeting that I was at I was under the impression that you were considering taking the apartments completely out of this project and making it commercial. So that was kind of where I left off and I don't know if everybody else is in the same boat as I was, if that's the line of thinking we were heading to or what, but -- Centers: That was a consideration, but there is -- there is too much availability of that much product in that area now with Murdoch and Howell's, Stonebridge -- there is a lot of it available. Anderson: Of the commercial? Centers: Yes. And just to remind you that, you know, ACHD did give that a B level before being build out and a B level after build out and with the south entrance now that gives us four ways out of there. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I know my primary concern was the safety issue and the fact that those kids were going to inherently want to go down to the park and sidewalks certainly have -- would address that concern. The second one was that -- the fact that you have fire engines -- fire trucks going in and out of that fire station at -- in a timely manner and so the light was a special issue, in my opinion, and we did hear that from ACHD on Monday, that a temporary light would be put in. So those were my primary concerns. Bird: Mr. Mayor. Meridian City Council Meeting October 2, 200 I Page 24 Corrie: Mr. Bird. Bird: I agree with Tammy that -- that was my concern. I really -- we are going to put a sidewalk -- I also agree with Councilman Anderson that we are going to put a sidewalk, but we are bringing in through your commercial -- your first seven lots are going to be commercial up there to -- to get to Franklin, am I not right? Centers: Correct. Bird: We are going to bring it down through there to get into the Franklin Road so they can -- the kids can get on the Franklin Road, walk to the park, do whatever. Is there any way that you could bring it down the west -- have the sidewalk down the west side, so they are not interchanging with your traffic in your office -- I mean if you have got retail and stuff in there, you could have some -- quite a bit of cars backing in and out and stuff. Centers: I think we could do a pedestrian five foot wide sidewalk close to -- Bird: On the west side as it comes down. Yes. Like that. You know, that wouldn't make much load on the project different, but I would sure -- I think it would be very nice. Centers: It would. Bird: And keep them out of the way. If I had a retail outlet I wouldn't want kids walking behind my customer's cars as they are backing in and out and everything like that. You always got a chance of hitting one of them. So ['m like Tammy -- and when they told us yesterday that they were going -- and I don't know whether it's going to be temporary or -- I think it's going to be everything put in, but the one on Stratford, but it is like Councilman Anderson said it is, it's not going to be on a time deal, it's going to be when the opticon hits, then it comes on. So -- but it will -- it relieves me from the safety issue I had by having it there. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess if Tammy and Keith have changed their view, then this would require a different Findings of Facts to be written at this point, then, so these would have to be discarded or -- j don't know how you do that. Do you vote on these and deny them and - - or just instruct the city counsel to draw up new ones? But -- Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, what I would -- if it were the Council's decision to eliminate the condition that bars applying for a building permit on the apartments until Franklin's improvement was complete, then I would substitute for that Meridian City Council Meeting Octobcr 2, 200 I Page 25 condition a requirement that there be a five foot temporary sidewalk from the development to Stratford and also conditioned upon ACHD's installation of the opticon signal at the fire station, if that's the Council's decision. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Actually, on that annexation and zoning, we didn't have a condition on it. AI! we had that -- all that condition was on was the -- was the CUP, wasn't it? So we could actually -- basically, the annexation and zoning as written is okay; am I not right? Nichols: I believe that's correct. Bird: And also the Preliminary Plat, we didn't put the stipulation on -- was it -- I think it was the Preliminary Plat that we put the stipulation on, wasn't it? Nichols: I don't recall directly which one of those two. It may have been in both of them. Bird: And also my understanding is that Mr. Centers just offered -- not from his property, through his property to put that five foot sidewalk in, am I not right? Through, not to? Centers: No. Bird: Through his property. Through the property to put that five foot sidewalk and then down? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Councilman Bird, Members of the Council, I think there is going to be some sort of sidewalk construction, is there not? And as you build the commercial there will be structures in front that it will be constructed ahead of the widening of Franklin Road, will there not? Centers: That's possible. Yes. Nichols: Mayor, Members of the Council, it could be that the sidewalks -- if we say that they are going to be through the project, he's going to have to put up whatever deposit ACHD requires for sidewalks anyway through his development and then he would be providing a temporary one through the cemetery property, as I understand it, to Stratford; is that -- Meridian City Council Mceting October 2, 2001 Page 26 Centers: What I'd attempt to do is to bring that sidewalk down the west side of our property, run it down through the cemetery, down to Stratford, so that they would have direct access all the way down to the park. De Weerd: Then you're using an ACHD right of way, so you don't have to go through the cemetery board to have that approved? Centers: I believe so. Bird: It was on the CUP that we put the stipulation that no building permits would be awarded to lot number whatever it was until Franklin was -- Centers: That's what I recall, too. Bird: Okay. So the first two Findings of Fact would be as stated, is that agreeable with you, Mr. Centers? Centers: Yes. Bird: Okay. De Weerd: For the record, I'd like to say I haven't changed my mind, like Councilman Anderson suggested, but certainly the temporary sidewalk addresses the safety concerns that were expressed during the public hearing. And so in light of that and because of the service level of Franklin Road, it certainly wasn't a traffic issue, it's more of a safety issue for the kids. Bird: I didn't change mine either, just because of the same reason, that the sidewalk did -- the light -- the light was my one big hang up. The light at the fire station, Anderson: Well, clarify something. At first you said no building permits until the road was done and now you have changed your mind on that. So you have changed your mind. What factor changed -- caused you to change your mind is maybe different, but you have changed your mind on what you originally had intended. De Weerd: Circumstances change. Anderson: You sound like you could be a career politician. De Weerd: ['m taking lessons from you, Ron. Anderson: Okay. Bird: Mr. Mayor, I think we have had enough -- I think we have had enough wining and dining. Meridian City Council Meeting October 2, 200 I Page 27 Corrie: Okay. Bird: I move that we approve the findings of fact and conclusions of law of approval, the request for annexation and zoning of 12.71 acres from R-1 to RUT to C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Incorporated, Franklin Road west of the Locust Grove Road. Corrie: I hear a motion. Do I hear a second? De Weerd: Second. Corrie: Okay. Motion has been made and seconded on the approval of the request for annexation and zoning, Baltic Place Subdivision as the motion is stated. Further comments? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Still one more question, then. We are taking out one condition and we are replacing it with another and I think we have a representative from the cemetery here tonight? Do we have somebody from the cemetery? Okay. I thought you said you were. Nothing that we are doing is going to affect them in any way that -- Bird: They approved it as it was to start with and when they come up and testified after Mr. Centers -- Mr. Roberts and the other -- I can't remember the other gentleman's name, came in and testified that they had worked the deal out on their east property, his west property, they had no problems with it. Anderson: So as long as the sidewalk is all outside of the road -- Bird: Yes. It's got to be -- Anderson: Then that wouldn't -- Bird: I mean you have got to -- yes. Anderson: Okay. Bird: But that isn't in this -- that isn't in this motion anyway, Ron. That is the condition for annexation and zoning. Anderson: Right. De Weerd: So we are clarified. Meridian City Council Meeting October 2,2001 Page 28 Bird: Okay. Corrie: Okay. Any more discussion? De Weerd: No. Corrie: Roll-Call Vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye. Corrie: Okay. Motion is carried. Two to one. Two for and one no. MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT. Corrie: Item G would be a request for a Preliminary Plat. Any discussion? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Hearing no discussion, I would move that we approve the findings of fact and conclusions of law for the approval and request for preliminary plat approval of ten building lots and three other lots on 12.71 acres of proposed C-G and R-40 zones for the proposed Baltic Place Subdivision by L.C. Development, Incorporated, Franklin Road, west of Locust Grove Road. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg, on the motion. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye. Corrie: Okay. Motion -- two ayes, one naye. Motion is approved. MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On this one is the one -- no. Do we have to -- do we have to turn this one down and then have you draw new Findings of Fact? Is that the way-- Nichols: Mr. Mayor, Members of the Council, I'd like direction specifically on the Findings and if it's your direction, as I understand Mr. Centers' provision, it would be a Meridian City Council Meeting October 2, 200 I Page 29 five foot temporary sidewalk from his development to Stratford, a five foot permanent sidewalk along the west side of the commercial development that he's proposing to that area of the temporary sidewalk and then conditioned also upon ACHD's installation of the traffic light, the opticon activated traffic light at the fire station. Those things would be conditions prior to seeking a building permit on the apartment, I think, but that may foul up the financing end of things again and just whatever your pleasure is on the motion, so that I know exactly what to put in the Findings. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: The existing one is the one that has the -- has the no apartments built until Franklin Road is completely built out, so -- and that is the Finding of Facts and Conclusions of Law on this order. So how do we -- do we make a motion and take that out and re-insert the sidewalk and then the stuff like that or -- Nichols: Councilman Bird, Mayor, Members of the Council, there is one condition that's in -- in the Conditional Use Permit findings, the conclusions, and it's also in the proposed Conditional Use Permit itself, that has -- that bars seeking a building permit until Franklin is widened. Those improvements are done. That would come out, if you direct that that be taken out, and that substituted whatever it is that you're going to substitute in those Findings. So that would come out and you would tell me what to put in its place, whether it's simply a condition that he has to do these things as part of his development on the -- maybe before there was an occupancy permit, those would have to be done, as opposed to applying for a building permit. But then you have to be there before the first person moves into the apartment. Bird: And would be -- that would be, again, just on the apartment part. The commercial part is -- unless the Council wanted to change that, it would be still like it was. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Mr. Nichols, I think the two issues that you read would also include a sidewalk on the west side of the property line going from the apartment complex down to Franklin where the sidewalk was, then brought to the west. Okay. Corrie: Mr. Nichols, why can't you write up new Findings of Facts and Conclusions of Law and let us see what it says before we do all this -- can we do that? I mean we are talking what we want to do, but I'm not saying it all here and we are going to be voting on something that you're going to write up that we haven't seen. Meridian City Council Meeting October 2, 200] Page 30 Nichols: Mr. Mayor, Members of the Council, I'm not asking you to approve Findings that haven't been prepared, I'm just asking for direction in the form of a motion as to what to put into those Finding. That's all I'm asking for. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: But also we have to remove what we want removed out of these findings, because these are official findings right now, even though they haven't been passed, these are the findings that come off the last motion that had these findings drawn up. Nichols: But that's why -- Bird: That's why we need to -- we need to deny these or -- how do -- you know, I mean Nichols: No. Councilman Bird, Mayor, Members of the Council, I think you just simply tell me you want -- you want to see a different set of findings and you tell me what you want me to change from these. Consider these a draft and tell me how to change to what you want. Corrie: Oh. I'm sorry, Lee. Yes. Centers: For clarification, can the -- the light office can be built as agreed before, from what I understand. The apartments with the sidewalk going from the apartments down the west side and then continuing on down to Stratford could be built at the same time the apartments are; is that correct? Bird: For the light commercial? Centers: No. For the residential, that sidewalk that goes from residential through the light office, down to Franklin, and down to Stratford could be built at the same time as the multi-family is done. Bird: Yes. Because we didn't have any conditions on your light commercial, did we? Centers: I might add, the sidewalk in front of the project, normally this goes to widening. They will have you fund it. I don't see the kids going to the east where it would dead end. Can I still fund that one, if that's what they want? Bird: Yes. I think that's -- Centers: I think the safety issue is to get them from there down to Stratford. Meridian City Council Meeting October 2,2001 Page 31 Bird: Yes. I think Mr. Nichols -- that was the deal that you would have to fund it with ACHD. They are going to tell you what has to be done on that. We can't do that. Centers: Okay. Just for clarification. De Weerd: Mr. Nichols, do you need a motion? Nichols: Please. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that on the findings of facts and conclusions of law for the Conditional Use Permit for the planned unit development for mixed use residential/commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision by L.C. Development, Franklin Road west of Locust Grove, that we direct the attorney to draw up new findings of facts and conclusions of law to delete the part that had: No building permit would be issued for the planned apartment complex until the Franklin Road is completed, to change it to: No building permits can be applied for in the apartment complex until -- until the sidewalk down the west side of the property from the apartment complex to Franklin Road and the sidewalk from the west side of his property down to Stratford is completed. Corrie: Okay. I have a motion. De Weerd: I will second, so Mr. Nichols can talk. Corrie: Discussion? Nichols: Mr. Mayor, Members of the Council. I think you don't want to condition it on the building permit issue, you just simply want to have a condition of the -- in other words, when they he comes in for the building permit, he's going to have to have -- he's going to have to do this stuff before he gets occupancy, but not the building permit itself. Bird: Oh. Okay. Well, I would -- with the second's authorization, instead of building permit, occupancy of the unit. De Weerd: Second. Bird: It would have to be completed. Corrie: Okay. Second? Motion is made and seconded with a further discussion -- Lee, you're not part of this, but I'll give you the opportunity. Meridian City Council Meeting October 2,2001 Page 32 Centers: What I -- the understanding I'd like to make is when the drawings are approved for a building permit, they will be approved with these sidewalks drawn in, so we don't start construction unless we have got approval to do those sidewalks. That's the condition we are looking for. Now -- as long as the sidewalks are done before occupancy is allowed -- otherwise, it interferes with utilities and other things. It's one of the last things that you would do over there. Bird: But by the same taken, Mr. Centers, if you say occupancy, what happens if you get those built and ready for occupancy and ACHD says you can't put them down -- put that sidewalk down? Centers: We would have to have -- the building plans would have to be approved before we started. I wouldn't want to start without -- that's a good point. Bird: Yes. But, see, the way that we have changed the motion now, they don't -- it don't have to be put in. That's what I said before you could get any building permits, that that sidewalk would be in, because what happens if you go ahead and build those and ACHD says, oh, no, we are going to do this in six months and we are not going to let you put that in, those apartments sit empty for six months. Centers: Yes. We can't do that. So maybe the sidewalk would need to go in first. Bird: That has to go like my motion originally said, has to go with the building permit. Centers: Okay. Bird: Am I not right? Corrie: Okay. Any other discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I was born at night, but it wasn't last night, and I just -- I'm having a real hard time with you two -- trying to convince you that there ain't going to be any temporary sidewalks built before these things get built. With the timing of this road with ACHD, I think this is kind of a mute point. I mean it's going to be so close that the original thing that we talked about still -- that's my feeling with this thing. It's still -- De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridiun City Council Meeting October 2, 200 I Puge 33 De Weerd: Well, Mr. Anderson, I guess if that is the case, then they just won't be built until the road's built, because they won't be able to put temporary sidewalks in. So it all works out the same. Anderson: Depends on what motion gets made here. De Weerd: Yes. That's true. Bird: The motion was they don't get -- I'm going back to my original motion, if the second will allow this. They don't get a building permit until those sidewalks are in. Okay? And that's for the applicant's benefit, too, because, you know, if he gets ready for occupancy and don't have those in and goes to put them in and they say, no, you're not going to put them in, he's got a bunch of apartments sitting there that he's paying interest on and no income coming in. Centers: What if we got approval from ACHD for the sidewalks? Bird: I want to see them in. That's my -- if you want me to approve it. De Weerd: The second would agree. Corrie: Okay. Any further discussion? Council? De Weerd: No. Bird: I have none. Corrie: Sorry, Lee. Roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, naye. Corrie: Okay. Two ayes, one naye. Approved as stated. MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT. 5-1. Tabled from September 18, 2001: Order Granting Appeal: AP 01-00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: Corrie: Okay. Item No, I, I believe. That's the -- tabled from September 18th, order granting appeal of a Stop Work Order at 2340 West Franklin Road by Walt Morrow. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Meridian City Coullcil Meeting October 2, 200 I Page 34 Nichols: Mr. Mayor, I was to prepare revised findings for the Council, which I was not able to get done. I have gone back through and I have reviewed the minutes and also I believe at Councilwoman de Weerd's request the Clerk has provided copies of those minute entries with regard to the different times that this was discussed at Council and those are provided each of the Council members as part of their packet. Mr. Morrow is here tonight, but I don't have revised findings to submit. I don't know if there is any other action Council wants to take on this or just table this to the next meeting for me to have the revised findings prepared. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I also wanted to comment on this, because I read the minutes and I had missed one or two of the meetings in there when you guys had done the approval and instructed that the findings of facts to be written and then I read the memo dated September 25th from Bill Nichols and I think from what I can piece together is I think there was a misunderstanding at the one meeting, because the fire chief wasn't here and it was stated that the building met all applicable codes and the clarification that I want to make is the fact that this building has never been reviewed by the fire department to make sure that it meets fire codes. It's only been reviewed by the building department to make sure it meets building codes. And even in Mr. Nichol's memo he indicates that -- from the way I read that, that he believed that the fire department had those plans in their possession and looked at them. They haven't. They have never seen the plans on this building and [ contacted Kenny Bowers, the fire chief, and asked and he has still not seen those plans. I think he's supposed to get them this Thursday. So at this point I think it would be premature to take any action on it until those plans are reviewed by the proper departments. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I agree with what Councilman Anderson said. In the August 21st minutes Kenny was asked to check if Skip had reviewed them. He wasn't there on September 4th to ask. I guess we assumed that Daunt was speaking on that behalf. So, you know, I, too, think that we need to find out -- if these were never reviewed, they need to be and I thought that was pretty clear when we discussed it in August. Corrie: Any discussion? Nichols: Mr. Mayor. Corrie: Mr. Nichols. Meridian City Council Meeting October 2, 2001 Page 35 Nichols: Mr. Mayor, if you want the fire department to review these plans and make a report to the Council, then this needs to be scheduled at a time certain and the report of the fire department with regard to that plan review needs to be provided to Mr. Morrow so that he can comment on that and object to it, contest it, whatever, in connection with this appeal. I mean it's not fair to him if -- to not have that report ahead of the meeting. So I guess a question needs to be asked: Are you going to refer these plans to Chief Bowers for review and comment when those comments would be completed and when they would be available to the Council and Mr. Morrow so he could review those? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I don't know how long those plans could be reviewed, but since we asked for it on August 21 st, I think we should get it in a timely manner. October 16th we should be able to discuss it and so the applicant should have it by the 1 ih. Bird: I would agree. Anderson: I just would like to point out that you're putting a demand on the fire department to turn these around at a date certain and they have never been given the plans. That's what I'm trying to point out is they have to be submitted before they can be reviewed. De Weerd: But they were asked to research that on August 215\ so what have we been doing -- Anderson: They have researched. They do not have the plans. They have never been submitted to the fire department. De Weerd: Did they contact Mr. Morrow to get a plan? Anderson: I don't -- I guess I don't see it's the fire department's job to go out and contact builders to get copies of plans. If they submit something that they want approved, then they need to submit the plans, and I think what we need to do here tonight is instruct Mr. Morrow that if he wants to have those plans approved, then he needs to bring in a set and submit them to the fire department. De Weerd: Well, I understand that, Mr. Anderson, but it was never told to us on September 4th that that still hadn't been done either. So I do take exception that this hasn't been even brought out or discussed up until this point Corrie: Mr. Morrow, would you come up here a minute. I've got something -- Bird: May I say something, Mr. Mayor? Meridian City Council Meeting October 2, 200 I Page 36 Corrie: Yes, Mr. Bird. Bird: Who has got the plans? I know Walt's got one set back, but who's got the other set? Who's got a set? Stiles: I went and got the set that was being stored over at the water department. Bird: At the water department? Stiles: Yes. Bird: And what for? For your zoning or what? Stiles: To see what was being proposed and look at the site plan. Bird: How long have you had them? Stiles: J don't recall how long I have had them. Bird: Months? Days? Weeks? Stiles: Weeks. De Weerd: Can you get them over the Kenny? Stiles: They are not stamped by any department. They are not even stamped by Daunt. Bird: Are they the set that was approved? Stiles: I have no idea. Bird: How many sets was turned in? Stiles: I have no idea. Morrow: From the record -- Bird: Two. Morrow: -- two sets. And they were both given to Daunt; is that correct? Corrie: Maybe we don't have -- do you have another set? Morrow: I have my set that's stamped and approved by the Meridian City Building Department as -- Meridian City Council Mccting October 2, 2001 Pagc 37 Corrie: I'm sorry. Start over. Repeat what you just said. Morrow: I said I have a set of stamped and approved building permit plans that I received back from the Meridian City Building Department. Corrie: My question is do you have that set at the Planning and Zoning? Stiles: I have no idea if they are the same. It's not stamped in any way, it's not stamped approved, it's not even initialed. Corrie: Okay. Since you have the stamped one and all that, would you -- could you get a copy or something that -- we are finding something here, I don't know what's happening and I understand your predicament, Walt. If we can get a copy or -- something's happened here with Daunt, you have got a stamped one, we don't have stamped, I don't know what's happening here. I'm not just saying that you don't have it, but can we make copies of it and get it to the fire department? Morrow: I would be more than happy to make another copy of that for you. I cannot tell you whether any building department in the valley stamps their own plans or not, because I don't see them. So I don't know what the explanation would be for that not being stamped. Corrie: I can't help you either. Okay. But we do need a set of prints to the fire department, so if you can get a copy or some way -- if you have got it and we can get Daunt to -- I don't know where we are, but if he's got one stamped and we don't, something's happened in this thing. So -- but we do need the plans to the fire department. So do we need to have the stamped ones or can we use the others ones? Bird: Well, you need the ones that are stamped, because those are the ones that have been approved, just like you said, Mayor, and why don't we -- why don't we have a copy of the stamped ones? I mean I have seen -- this is a different deal, but I have seen a revised set the other day that he was to build by, another contractor, that wasn't stamped. He had a set that was stamped not approved, but the ones he turned back through wasn't stamped on what he was to build by and so -- this is -- this is something that's got to be taken care of and I don't know why -- you found it in the water department, Shari? Is that the normal place to store unstamped prints or what? Corrie: Gary. Smith: Mr. Mayor. Councilman Bird, we have been taking -- because we have so many building plans in our department we have been taking the ones over to the water department for storage just to get them out of our way. We don't have room to store them at our facility, so we are taking these building plans, the older plans, over to the water department and storing them at their location, so that we can retrieve them if we need, we just don't have facilities at site to store all of these plans that we have and that's the reason they are over there. Meridian City Council Meeting October 2, 2001 Page 38 Bird: Is it normal to have unstamped ones over there? Smith: I don't know. I don't know how many -- I don't know how many copies are stamped. I can only tell you that I assume they keep one set on file that are stamped approved. I can't swear to that, Councilman Bird, I don't know. But if Walt will bring his set by, we have got a machine that will copy them in the office, he doesn't have to take them anywhere, I'll copy them, I'll hand carry them over to the fire department and get it taken care of tomorrow. De Weerd: Thanks, Gary. Smith: Thank you. De Weerd: Hey, Gary, what is the policy on plans? That you keep at least one stamped? Is that a correct assumption? Smith: Right. De Weerd: Okay. So this one just -- has seemed to be an exception to a lot of things. Smith: I can't say why -- De Weerd: If there were only two plans submitted -- Smith: There were only two sets submitted, right, and I don't know why, other than it wasn't considered at the time it was submitted as a commercial plan set -- a new commercial building plan set where we normally require six sets of plans being submitted, that it was -- as Daunt explained, I believe, to you, as -- he took it in as an accessory building I believe is the way he termed it, so that's the reason why it was handled differently through his department. Corrie: Okay. My next question, if I may, Council, is, Kenny, what is a reasonable time? I mean we are not going to put you on the spot here, but -- I am in away, but how long does it take to -- Bowers: Mayor Corrie, City Council Members, we will not be able to look at any plans tomorrow. We are in here from the -- and Thursday and Friday Joe is off. I'm sure we would be able to get them looked through next week, to get them to you guys by the end of the week. De Weerd: That's great. Bowers: But J didn't know -- Bird: But that don't give the -- that don't give -- Meridian City Council Meeting October 2, 200 I Page 39 Bowers: But it doesn't give anybody a lot of time. Bird: -- Mr. Nichols time to draw up the findings of facts and don't Walt time to look at them. Is there anybody besides Joe that can do this? Is he the only fire inspector? Morrow: Mr. Mayor, I don't have a problem if these are not until the 16th or to the -- whatever the next meeting is that you hear these issues. Certainly Mr. Nichols' point is well made. Corrie: The 23rd. That's fine. Morrow: That's not an issue and I appreciate -- Corrie: The 23rd, is that -- is that non-land issues? Then we are looking at November the ih. Is that too long for you all? Morrow: Obviously, to try to do it before that with reference to the 16th doesn't give any of the players in this game a fair opportunity -- Corrie: That's right. Morrow: -- to do whatever it is they think they need to do and so it appears to me that the real decision that the Council needs to make, in fairness to Chief Bowers, is to give him the time that he needs, to Mr. Nichols to give him the time that he needs and, ultimately, the time that I might need, which is substantially less than they. My prior review of the original findings of fact took about two and a half minutes to determine that it wasn't actually accurate. So I don't need a lot of time. Whatever works for you folks is fine with me. Corrie: I wasn't here on those two times, so we won't go into the background on the findings of facts. Nichols: And, Mr. Mayor, Members of the Council, Mr. Morrow pointed out some inaccuracies with regard to the actual Findings. We had taken some staff comments and included those as though they were actual findings and they should not have been. Corrie: Okay. Nichols: And so -- and that's where the minutes come in and some of those other things. So that was clearly not correct and Mr. Morrow was kind enough to point that out to us. Corrie: Then, Walt, do you have -- are you satisfied with the ih of November? Morrow: That's fine. Meridian City Council Meeting October 2, 200 I Page 40 Corrie: Okay. I appreciate your helping us on this. It's exasperating. You have been up here before, you know what's happening, but Kenny, then you will have information back to the Council for everybody and Walt and the attorney so we can work on this the ih of November, the day after elections? Bowers: Yes, we will, Mayor Corrie. To answer Councilman Bird's question, there is one other person that does this and that would be the State Fire Marshal's Office. Corrie: That's an added cost, so I think with this -- November ih is an adequate time for our regular fire marshal to do that. Okay, Council, do you have any objections to tabling this until the 7th -- Bird: No. Corrie: -- and maybe we can get this thing put to bed. Okay. Do you have objections? Okay. Then if that be the case, I will entertain a motion to table this until the November ih meeting for all purposes. Bird: So moved. Anderson: Second. Corrie: Motion has been made and seconded to have this tabled until the 7th of November. Any further discussion? All those in favor say aye. Opposed no. MOTION CARRIED: THREE AYES, ONE ABSENT. 5 ~J. Findings of Facts and Conclusions of Law for Approval: AZ 01 ~011 Request for annexation and zoning of 9.79 acres from RUT to C-G zones for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: 5 -K. Findings of Facts and Conclusions of Law for Approval: CUP 01-024 Request for a Conditional Use Permit for the construction of a storage unit on 9.79 acres with one office/commercial pad for Franklin Mini Storage by Ron Osborne - 1975 East Franklin Road: Corrie: Walt, thank you very much for your patience. All right. Items J and K we need to table until the 16th of October at the request of the applicant. Did we do that on -- Bird: We did. We did that one already. Item 6. Tabled from September 18, 2001: FP 01-015 Request for Final Plat approval of 23 building lots and 5 other lots on 8.15 acres in an R-4 zone Meridian City Council Meeting October 2,2001 Page 41 for Staten Park Subdivision by D'Alessio Building Development - south of West Ustick Road and North Black Cat Road: Corrie: I think we did. Okay. Thank you. All right. Now we are on Item No.6. This was tabled from September 18, 2001, request for Final Plat approval of 23 building lots and five other lots on 8.15 acres in an R-4 zone for Staten Park Subdivision by D'Alessio Building Development, south of West Ustick Road and North of Black Cat Road. Staff? Stiles: Mr. Mayor and Council, I talked with Paul D'Alessio today. He has requested -- j don't know if he sent something to Will, but he has requested over the phone that they have until -- that this be tabled to November 7th to have their engineer review some of the red lines on the construction drawings. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we table request for Final Plat of approval of 23 building lots and five other lots for Staten Park Subdivision to November 7,2001. Bird: Second. Corrie: Motion made and seconded to table Item No.6 until November 7, 2001. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 7. Continued Public Hearing from September 4, 2001: AZ 01-010 Request for annexation and zoning from R1 to C-G zones for Podiatry Building by Smith Brighton, LLC - 1065 East Fairview Avenue: Corrie: Item NO.7 is a continued Public Hearing from September 41h, request for annexation and zoning from R1 to C-G zone for Podiatry Building by Smith Brighton LLC, 1065 East Fairview Avenue. At this time I will continue the Public Hearing on this item and invite staffs comments first. Stiles: Mr. Mayor and Council, the owner of the property previously requested that this be continued due to the fact that their prospective buyer of the property apparently backed out and they didn't have any time, they thought they would be able to evaluate where they were at. I don't know if they submitted anything new to the City Clerk's office, but -- Corrie: Was that a rhetorical or was that a question for the Clerk? Meridian City Council Meeting October 2, 200 I Page 42 Stiles: Well, I don't know where -- I mean there is no reason for us not to annex it, but if they have withdrawn their consent, which they really haven't withdrawn their consent, but it's just that little podiatry office there on Fairview that should be annexed, because it's really an enclave. Bird: Mr, Mayor. Corrie: Mr. Bird. Bird: Has public notice been set up and everything? Stiles: I don't know if it -- you mean the posting of the property? Bird: Yes. Stiles: I believe it was for the one on September 4th, but as it's continued, I don't know that there is a separate requirement to post it again. Corrie: Okay. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Once the property has been properly posted for the first public hearing and the hearing is opened and then continued, that's adequate notice. Bird: It has been noticed, you're sure of that? Stiles: Yes. Bird: The letter we got in August said that they had not posted, but they -- we felt to give public notice ten days prior. This property was not posted. Stiles: I couldn't absolutely attest that it was. We didn't go out -- Corrie: Mr. Berg. Berg: Mr. Mayor, we re-noticed this and I think we've had in our file that they did post the property for the September 4th meeting. Corrie: Okay. Is the applicant here tonight? Let the record show that the applicant isn't here tonight. Is there anyone from the public that would like to enter testimony, since this is a continued public hearing? Let the record show nobody wants to testify. Council, discussion on this before we close the public hearing? Meridian City Council Meeting October 2, 200] Page 43 Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: You know, they brought it forward and the one correspondence we got was the only reason they wanted to table this was because of the simple fact that they hadn't posted it in time, so Shari hasn't got a definite not want to do it. I say let's go forward and get the thing done, instead of keep -- instead of keep bringing it on and on and on. I mean they made the application and evidently they were happy at that point with it, so I say let's go, get it off the -- Anderson: I agree. De Weerd: I agree. Corrie: Okay. Then I will entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Any further discussion on the request for annexation and zoning? Hearing none, I will entertain a motion on the request. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We will make a motion that we approve the request for annexation and zoning from R1 to C-G zone for the podiatry building for Smith Brighton, LLC, 1065 East Fairview Avenue and instruct the city attorney to draft the appropriate Finding of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning for the podiatry building, for the attorney to draw up the proper Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr. Berg, roll call vote. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Meridian City Council Meeting October 2, 2001 Page 44 Corrie: All ayes, one abstaining -- not abstaining, absent. Motion is carried. MOTION CARRIED: ALL AYES, ONE ABSENT. Item 8. Public Hearing: PFP 01 ~004 Request for Preliminary/Final Plat approval of 3 building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View Drive (southeast of East Magic View Drive and South Allen Street): Corrie: Item NO.8 is a Public Hearing, request for Preliminary and Final Plat approval of three building lots on 2.85 acres in an L-O zone for proposed Treasure View Subdivision by Pinnacle Engineers, Inc., 3500 East Magic View Drive. At this time I will open the Public Hearing on the proposed Preliminary lat 01-004. Staff comments first. Stiles: Mr. Mayor and Council, I erred in not informing the public -- or the City Clerk's office that a Preliminary/Final Plat does not require a public hearing at City Council, but since it's noticed anyway and we are here, so just for the record. You have the recommendations from the Planning and Zoning Commission. This is an application that was previously before you as a Conditional Use Permit. It has the extension of St. Luke's Road across from the hospital and that construction has already been completed. This road has been constructed down to align with Allen Street. The one lot that they had a Conditional Use Permit for two buildings on, they are now proposing a three-lot subdivision. There are some clarifications that need to be made to the recommendation and I'm going to need Jonathan's help on one item here, but I will cover this -- I will briefly cover it. On page two, item two, Mr. Steel had a question on the requirement to bond for the irrigation and landscaping prior to signature on the Final Plat. The Planning and Zoning Commission did recommend that the landscaping only had to be constructed as the individual building lots were constructed, which would also negate the need for the common lot. But I did have a question of how the pressurized irrigation was going to be put in or how they were going to have that underground irrigation provided for. Also on -- it's actually on the very top of page three, part of paragraph four, just to clarify, their recommendation was -- instead of the determined by site, should read, for each lot. Bird: Where was that at, Shari? Stiles: Pardon? Bird: Where was that at? Stiles: Top of page three, it would be the second line on page three. Bird: Oh. Okay. Meridian City Council Meeting October 2, 2001 Page 45 Stiles: On page six, paragraph 30 -- I think we have run into this before as far as a recommendation from Central District Health Department being made a requirement about the storm water being pre-treated through a grassy swale. I didn't know if Mr. Nichols had come up with some alternative language there, but I would suggest that the -- at the end of the paragraph it says something to the effect of: If such pre-treatment is determined to be necessary by the city engineer. Maybe Mr. Nichols could comment on that. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Shari, what we have been doing is we have changed that in the Findings to include a best practices -- Stiles: Okay. Nichols: -- recommendation that essentially allows more flexibility with regard to how the groundwater -- or I mean the storm water treatment is done. And we started that with the new high school issues in the parking lot and changed those from a grassy swale to a best practices method and that seems to work better, so -- Stiles: I just wanted to note that and if I miss something Mr. Steel can let me know. Corrie: Okay. Thank you. This is a public hearing. The developer. Jonathan. Steel: Good evening. Jonathan Steel, W.H. Moore Company, 600 North Steelhead, Boise, Idaho. Just a couple things. Make it short and sweet. On Item NO.2 I mentioned to Shari the very first step it says a new landscape plan. I'd just like to put a new perimeter landscape plan, because it is for the perimeter area, not for the interior. Again, as Shari says, yes, we would strongly request that the letter of credit or that type of requirement be eliminated, because we do have the certificate of occupancy on each one of the lots and basically you still have the hammer. So I don't think that that's unusual to developing individual lots. On number four, maybe it's just me, where it say a certificate of occupancy shall not be issued for any building within the subdivision prior to installation of required landscaping, I'd like to say, for that lot. In other words, it's for each specific lot, so instead of the parenthetical or for each lot as -- Bird: Shari said that. Steel: Yes. Other than that, I think that's it. Shari's talked about the findings. She's mentioned Item 31 in the back. And, again, yes, I agree, I'd like to see that eliminated. I think Item 31 addresses that and so other than that, as far as the question -- as far as the pressurized irrigation, essentially it would be the same thing we did for the project on the west side of Allen Street where we have Mountain West Bank and Lincoln Plaza, there is an existing well there. We will go ahead and utilize that for irrigation as we are Meridian City Council Meeting October 2, 200 I Page 46 doing over there. There is a well there connected to the house and water resources have allowed us to connect to that for irrigation. So with that I have no other comments. Corrie: Okay. Any questions? Bird: I have none. Corrie: Okay. Steel: Thank you very much. Corrie: Well, since it was advertised as a public hearing, is there anyone from the public that would like to issue testimony? Okay. Thank you. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we close the public hearing. Bird: I second it. Corrie: Motion made and seconded to close the public hearing on Item No. PFP 01- 004. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Any discussion on the request? Bird: I have none. De Weerd: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on the request. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I'll move we approve the request for Preliminary and Final Plat for approval of three building lots on 2.85 acres in an L-O zone by Treasure View Subdivision to include the following changes to the recommendation by Planning and Zoning: On page two, item two, to add perimeter in the first sentence after a new and delete the last sentence of that item. On page three, top of the page, to delete the parenthesis statement, determined by site, and replace it for each lot. And on page six, item number Meridian City Council Mccting October 2, 200 I Page 47 30, to refer to the practices as discussed by the city attorney. To ask the attorney to draw up appropriate Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion to approve the Preliminary Plat with the motion that's been stated. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 9. Public Hearing: PFP 01~003 Request for Preliminary/Final Plat approval of 2 building lots on 4.04 acres in an I-L zone for proposed Heartwood Subdivision by Pinnacle Engineers, Inc. - northwest corner of West Franklin Road and North 101h Street: Corrie: Item NO.9 is a public hearing. This is a request for a Preliminary and Final Plat approval of two building lots on 4.04 acres in an l-L zone for proposed Heartwood Subdivision by Pinnacle Engineers, Inc. At this time I will open the public hearing. Staff. Stiles: Mr. Mayor and Council, this is for the property that was previously approved, I believe, a project under Howell. If you may recall, they had two buildings on this existing lot at the northwest corner of Franklin Road and West Tenth. They are now requesting a two lot subdivision as part of their -- as their request tonight. As for the recommendations, they had similar comments about -- on page six, the item -- or paragraph 34 probably could just be deleted, because of number 35. And also on page one it refers -- paragraph seven, it refers to division of four lots into two lots. That should be division of one lot into two lots -- two lots. And with that we would recommend approval with the -- all staff and agency conditions. Corrie: Again, any questions for staff? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Kercum: I'm Kirby Kercum with Pinnacle Engineers, 12552 Executive Drive in Boise. I'm representing on behalf of Heartwood LLC. As the staff stated, it's for just over four acres located in the northwest corner of West Franklin and North Tenth Street, l-L, light industrial zoning. We are looking for a Preliminary and Final Plat approval for two buildable lots out of the current parcel there. We do have an existing Conditional Use Permit for the site that was approved on July 5, 2000, for basically a two-office warehouse building, the 22,400 square foot on the east and the 31,800 square foot on Meridian City Council Meeting October 2, 200 I Page 48 the west. Utility services are currently provided to the site. There are sewer and water stubs for that. We agree with the recommendations and findings of the staff. However, on -- with a couple minor modifications on comment two on page two we are -- we'd like to ask that the landscaping go with each lot as constructed there, so we don't have that period where you have a little landscaping strip and the other lot open where -- basically ten foot or something for the landscaping and then weeds right next to it as well. So we asked for that change along there, that it not be installed as -- per lot -- per lot as each lot is constructed. And then the only other -- the only other item we have would be item number eleven. We would ask that the statement be added to the beginning stating that prior to the issuance of building permits on each individual lots be added to the beginning, that way we are not held up on Final Plat for approval on that. Each -- the storm drainage -- now this will be handled by each individual lot development and so we just would like to add that statement onto the beginning to -- to just be with prior issuance of the building permit. Other than that, we agree with all the staff findings. It fully complies with the Meridian Subdivision Ordinance and I'd like to recommend that to you. Corrie: Council, any questions? Bird: Mr. Mayor. Corrie: Mr. Bird. J, "Bird: What kind of -- are you putting a fence down the west side of the property between that -- between you and the residential development there? Kercum: There is currently a -- Anderson: A storage unit. De Weerd: No. That's to the west of it. Bird: Not on the west side. Anderson: Oh, the west side. Kercum: There is certainly a small fence existing there, but there are -- let's see, quite a few pretty big trees along there and we are putting in another four trees along that boundary, as well as a 20 foot landscape buffer. That should be adequate in our opinion. Bird: To keep the dirt -- or not the dirt, but the trash and stuff from blowing out over into the property and stuff? Kercum: There is a barbed wire fence there and -- Meridian City Council Meeting October 2,2001 Page 49 Bird: That's a barbed wire fence, yes. Kercum: There has not been one proposed there, no. Corrie: Any questions? Staff, do you have any comments on the request of -- the two on page two and item eleven on page three? Stiles: The item 11 would be fine. That's typically how the building department does it, the Public Works department. However, on number two there was the adjacent residential property owner did come in and testify and it was made pretty clear that that landscaping should be installed adjacent to it before any of building permit. And also as Franklin Road is an entryway corridor and the property has not been maintained consistently, I guess you could say, and for consistency along that entryway corridor, we would still request that be a common Jot and that the landscaping be installed prior to occupancy along the entire frontage of Franklin Road. Corrie: Any comments to staff's statements? Whitney: I'm sorry. Ron Whitney, representing Heartwood LLC. I'm at 1412 West Idaho, Boise. I just -- and Shari was mentioning that the common lot would be required and I think it was specifically removed at the Planning Commission because of the prior CUP approval, item two specifically says that the addition of a common lot for landscaping will not be required. And with regards to the issue of the fence along the west property line, I think that was addressed at Planning Commission also at the request of that property owner and that's when the landscaping along the western boundary being installed at the time of the first occupancy permit was put in there as well. It was kind of a mitigation between whether a fence was better or the landscaping was better and everybody apparently agreed to put the landscaping in. Corrie: Okay. Is there anyone else from the public that would like to issue testimony on this issue? Okay. Council, any questions before we close the public hearing? Bird: I have none. De Weerd: I have none. Corrie: Okay. I'll entertain a motion to close the public hearing. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Preliminary and Final Plat 01-003, Heartwood Subdivision. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Meridian City Council Mecting October 2,2001 Page 50 Corrie: Discussion? De Weerd: I have none. Bird: I have none. Corrie: Mr. Anderson, any discussion? Anderson: I have none. Corrie: Okay. Hearing none, I will entertain a motion for the request for Preliminary Plat on Heartwood Subdivision. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for a Preliminary/Final Plat approval of two building lots on 4.04 acres in an l-L for proposed Heartwood Subdivision with the following changes to the recommendations by Planning and Zoning. On page one, item seven, change four lots to one lot. On page three, item 11, to reference for each lot, as suggested by the applicant and agreed on by staff, and on page six to delete items number 34, to ask the attorney draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Preliminary Plat with motion stated with the changes made on items two, page two; item eleven, page three; and item 34 on page six. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 10. Public Hearing: CUP 01-026 Request for a Conditional Use Permit for the addition of a Drive-up window and Drive- Thru lane in a C-G zone for Moxie Java by Avest Limited Partnership c/o Dakota Company - North Locust Grove Road and East Loop Lane: Corrie: Item No.1 0 is a public hearing, request for a Conditional Use Permit for the addition of a drive-up window and drive-thru lane in a C-G zone for Moxie Java. This Meridian City Council Mceting October 2, 200 I Page 51 has been -- a request to be moved to the October the 16th meeting. Since it is a public hearing I will open the public hearing and ask if there is anyone here that would like to issue testimony on this at this time? Okay. Hearing none, I will entertain a motion to continue this public hearing until the 16th of October. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we continue the public hearing for the request of a Conditional Use Permit for the addition of a drive-up window and drive-thru lane in a C-G zone for Moxie Java by Avest Limited Partnership c/o Dakota Company until October 16, 2001. Anderson: Second. Corrie: Okay. Motion has been made and seconded to continue the public hearing on Item No. 10, CUP 01-026, until October 16, 2001. All those in favor of the motion say aye. All ayes. The motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11. Public Hearing: AZ 01 w013 Request for annexation and zoning of 4.24 acres from M-1 to I-L zones for Coors Distributing by Coors Distributing Co. - 3225 Commercial Court: Corrie: Item No. 11 is a public hearing, request for annexation and zoning of 4.24 from M-1 to I-L zone for Coors Distributing by Coors Distributing Company, 3225 Commercial Court. I will open the public hearing and invite staffs comments first. Stiles: Mr. Mayor, Council, this was as a -- this request for annexation was as a result of the hook up to city sewer and water and I'd really like to thank the Coors Distributing Company for being so responsive. As soon as they signed the agreement for annexation they immediately came into our offices and found out what they needed to do and they were more than willing to do it and we will certainly appreciate having them as part of the City of Meridian. So we will recommend approval with the -- let me see if there was anything I needed to change. I think on page number two, item three, I wanted to clarify that. I believe the landscaping was going to be brought into compliance should they want to add on or do any redevelopment of the parking lot, something like that, but not at this time. And just to clarify, on the first line of page three, to insert interior between beyond and remodeling and change the position of existing and buildings, so that the paragraph would read: A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. I don't know that that particularly clarifies it anymore for you, but it did for me. Other than that, I'd like to welcome them to Meridian and recommend approval of the annexation. Meridian City Council Meeting October 2, 200 I Page 52 Corrie: Okay. Thank you. I know the representative from Coors is here, so if you'd like to -- this is a public hearing, if you'd like to say anything. Okay. No comment. He's anxious to get it done. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It's really unfortunate that there are no problems, since I looked forward to giving Herb a hard time, but -- Corrie: Is there anybody else from the public that would like to issue testimony in this? Okay. Hearing none -- staff, any other comments for the record? Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on the request for annexation, 01-013. All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Corrie: Any other discussion? Hearing none, I'll entertain a motion, then, for the annexation. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the request for annexation and zoning of 4.24 acres from M-1 to I-L zone by Coors Distributing and Colorado -- or by Coors Distributing Company, 3225 Commercial Court with staffs recommendation and changes and for the attorney to draw up the Findings of Facts and Decision of Order and -- Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Motion's been made and -- Anderson: I thought you were going to say Colorado Kool-Aid like you usually do. Corrie: Motion has been made and seconded to approve the request for annexation and zoning with the staffs conditions on the Coors Distributing. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting October 2, 200 I Page 53 Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 12. FP 01-016 Request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hillview Land Development, LLC - south of East Fairview Avenue and west of North Cloverdale Road: Corrie: Item No. 12 is a request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision by Hilfview Land Development, LLC, south of East Fairview Avenue and west of North Cloverdale Road. Staff comments first. Stiles: As much as I would really like to cause Jim some problems on this one, too, I would recommend approval with staff and agency conditions and I'd also like Jim to explain the issue of the road and how that's going to be an easement through Seventh- day Adventist property. Is that going to be always an easement and never a public road or -- I guess you need to -- if you could answer that question for me, that's something that I'm curious about. And if that causes any concerns for emergency vehicles. Corrie: Okay. Jim. Merckle: Mr. Mayor, Members of the Council, I'm Jim Merckle of Hillview Land Development. The way it was negotiated between the Highway District and the Seventh-Day Adventist Church -- and that was approved before the Council for the Preliminary Plat, it was either/or, a connection to Fairview or to Cloverdale was the Highway District's original condition. And what was negotiated out was a road out to Cloverdale on the easement, because, as the Highway District said, it was a temporary location, it may be relocated in the future, but it would always be there until another access, either to go back to Fairview or Cloverdale. So right now it's an easement to the Highway District for public access -- to provide our public access to the project, in addition to the one to the south. So that's how it was presented and approved at the Preliminary Plat and approved by the Commission -- the ACHD Commission. Corrie: Okay. Shari? Does that answer your question then? Chief? Stiles: Both chiefs have indicated that won't be a problem for them, but -- Corrie: Okay. Good sport. All right. Thank you, Jim. Merckle: Thank you. Corrie: Any questions? Meridian City Council Meeting October 2, 200 I Page 54 Merckle: The last thing was the conditions from staff that Shari mentioned are fine. We met with staff -- with Freckleton -- Mr. Freckleton and A-Okay. Corrie: Okay. Very good. Thank you. De Weerd: You guys turned this around very quickly. Corrie: Okay. Any other discussion? Bird: I have none. Corrie: Hearing none, I will entertain a motion, then, on the request for Final Plat on Macaile Meadows Subdivision. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for Final Plat approval of 115 building lots and 18 other lots on 28.58 acres in an R-8 zone for Macaile Meadows Subdivision, to employ all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat of Macaile Meadows with -- as the motion stated, with staff comments and the attorney to draw up Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 13. TE 01-008 Request for a One-year Time Extension on the Preliminary and Final Plat originally approved on October 3, 2000 for Resolution Subdivision No.2 by G.L. Voight Development - Overland and Locust Grove Roads: Corrie: Item No. 13 is a request for a One-year Time Extension on the Preliminary and Final Plat originally approved on October 3, 2000, for Resolution Subdivision NO.2 by G.L. Voight Development, Overland and Locust Grove. Staff? /.. \ Meridian City Council Meeting October 2, 200 I Page 55 Stiles: Mr. Mayor and Council, this is for the property that was approved with the apartments and some retail and office use at the southwest -- southeast corner of the Locust Grove and Overland. They are still proceeding with phase one. However, they need to have a time extension both for the Preliminary Plat, as our ordinance requires that a phased project needs to be submitted in successive intervals of one year and also the extension to allow their final plat to be submitted in another year, which would give them to October 3,2002, if the Council so moves. Corrie: Okay. Any questions of Council? De Weerd: I have none. Bird: I have none. Corrie: Okay. I'll entertain a motion on the request for the time extension. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the request for a one-year time extension on the Preliminary and Final Plat that was originally approved on October 3, 2000 for Resolution Subdivision NO.2 by G.L. Voight Development, Overland Road and Locust Grove Road. De Weerd: Second. Corrie: Motion made and seconded to approved the one-year time extension request for Resolution Subdivision No, 2 by G.L. Voight Development. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 14. Resolution No. manual for holidays: Amending personnel policy Corrie: Item No. 14 is a resolution, Number -- Mr. Clerk? 01-370. Okay. If the City Clerk would read the Resolution No. 01-370 by title only at this point. Clerk: Thank you, Mr. Mayor, Members of the Council. Resolution No. 01-370, Employee Classification Compensation and Benefits, Subsection C3, Employee Benefits, Subject Revision. A Resolution of the City Council of the City of Meridian repealing Section Four, Employee Classification Compensation and Benefits, Subsection C3, holidays of the personnel policies manual to delete Columbus Day and adding the day after Thanksgiving as a recognized holiday. Meridian City Council Meeting October 2, 2001 Page 56 Corrie: Is there anyone from the public that would like to have the resolution read in its entirety? Hearing none, Council, I'll entertain a motion for Resolution No. 01-370. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Resolution 01-370, for the Mayor to sign and Clerk to attest. Anderson: Second. Corrie: Motion has been made and seconded to approve Resolution No. 01-370. Any further discussion? Roll call vote, Mr. Berg. Roll-Call: Bird, aye; De Weerd, aye; McCandless, absent; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 15. Discussion of Ada County Application Powder River Project and the definition '~Municipal": Corrie: The next item is Item No. 15, discussion of Ada County Application Powder River Project and definition Municipal. I would -- the Chair yields to Mrs. de Weerd on this. I would -- before I do that, I have a letter here that went out on April 19th to the Ada County Commissioners. I can make copies of it again if you like. This is where I stated that Ada County will not approve housing projects in the City of Meridian Area of Impact of any higher density than the County Comprehensive Plan privilege allows until municipal water and sewer services are available. They define municipal as a primary urban political unit and incorporate, issues, statutes, and powers of self-government. This I don't think may be the same term that Ada County Planning staff has, but we sent that letter in April. So with that, then, you were at that meeting, I believe. Can you kind of tell us what the status is on -- De Weerd: Mr. Mayor, I do have a draft copy of the minutes for that, if the attorney wanted to look at it. The Commissioners have left the record open until tomorrow at 5:00 for any additional comment. The city -- or the county attorney did request the city's definition of Municipal so they can enter it into their records. They are anticipating having to go to court over this if they deny it, so they do want to make sure that they have an official copy of our definition of Municipal and we may want to also include where Municipal is referenced in the Comp Plan and in ordinance form. So with that -- that is what they asked for specifically. We may want to reiterate the reasons for denial of Powder River. Westborough was officially denied, so right now at this point it's only Powder River that's open for that. I would like to thank Joe Silva and Brad Watson Meridian City Couneil Meeting October 2, 2001 Page 57 for testifying on behalf of the City of Meridian and what -- restating what the City's issues were and concerns of these subdivisions being recommended in our area of impact and not contiguous or serviceable at this time. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I have prepared a memorandum with some supporting authority, which I did after I got back into town yesterday, that looks at the word -- definition of the word Municipal as it's found in the state statutes. I couldn't find a definition of Municipal in the City code, but I have a copy of this memo, the original for the Mayor and one for each of the Council members, the Clerk, and Ms. Stiles. And she's got something that she wants to say, so before I put my two bits in I will let her -- Corrie: Shari. Stiles: I just wanted to add that our -- the letter that we sent to them does refer to many instances of municipal services and also our Comprehensive Plan does specifically state city-owned services. So if they are looking at it through our Comprehensive Plan, which through our area of impact agreement is ruling, that should be sufficient as far as I'm concerned. I don't know, but-- Nichols: Mr. Mayor, Members of the Council, Shari's correct, that does give us several things and if you look at the state code there is a specific title for municipal corporations and there is a secondary -- or another title which covers the irrigation districts and that's where you find the sewer districts. It's under the irrigation district law, it's not under the city law. So where they refer to that issue in the Comprehensive Plan with regard to sewer plans, they can't -- they must be municipal services and they cannot conflict with or be contrary to any -- I think the term was area wide or regional plans. And we have the sewer master plan, which Brad very carefully pointed out in his memo and his testimony and the different things that were submitted to the Commissioners, so I think there is enough. We can give this to the county. If it's your pleasure you can -- I mean it's a two-page memo, it's not a long one. You can look at it and if that's what you want to forward onto the county, we will do that, as well as the other things. So with that I will pass these out. Corrie: I believe that should be post haste. De Weerd: Yes. That's due by 5:00 tomorrow. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I think this is very well written. I would want special reference, as Mrs. Stiles has pointed out, about city-owned that's referenced in the Comprehensive Plan. I think Meridian City Council Meeting October 2,200 I Page 58 that also carries weight as to our definition as shown in an adoptive plan and also adopted by the county. Corrie: I presume you want that included into this memo? De Weerd: Yes, please. Corrie: Okay. And we can -- Mr. Nichols, can you do that? Nichols: Mr. Mayor, Members of the Council, J can certainly -- you either do that or if Shari wants to put a supplemental memo together and just go with this and this can be provided to the county. It's quicker. J can't-- Corrie: Mrs. de Weerd. De Weerd: They have strategic planning tomorrow. Corrie: Oh, that's right, we do. Yes. Nichols: What I need, then, is I need the specific reference in the Comprehensive Plan and I will put together a memorandum and does this need to go to Jeff Patlovich or who does it go to? Stiles: I would send it to Jeff Patlovich and individually to each councilman -- or each Commissioner. Nichols: Okay. And what's the best way to get those there? Stiles: I believe their e-mail address is on the Internet and, I don't know, it wouldn't hurt to -- De Weerd: By fax. Stiles: -- fax them, hand deliver them. Nichols: Okay. Stiles: What I will do is have somebody over at my office or I'll run over there at noon, Bill, and e-mail you the letter that was sent that has all that Comprehensive Plan analysis as part of the letter. Nichols: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Council Meeting October 2,200] Page 59 De Weerd: I'd like to thank Mr. Nichols for that. I think it will help solidify a denial of that application. Corrie: Okay. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Will we still be able to discuss the election? Corrie: The election? De Weerd: The mill levy election information? Corrie: Well, I think since we didn't have -- I got a mill levy outline I'll give to each of you and then we can discuss it there. We just took up all that time in the executive session. Brad, you will take care of that, then, right? Watson: Yes, Mayor. Corrie: Thank you. Okay. Some of the things that we need to -- I think this is just some of the things that I have prepared while I was sitting on the beach breaking a leg and arteries and everything else. One is we need to do a newspaper information ad. I talk to Frank, I talked to the local reporter, I have also talked to the Statesman, that we can put in information to clarify what the mill levy is and the way it's to be done, pretty similar to what Stacy has given us there and also Rod has given on the White, and then the television to all the different channels explaining the levy and why it's needed. I have contacted Channel 6, Channel 7, and Channel 2. I haven't had a chance to talk to them yet and 12, but being able to get on the television as much as possible and explain the mill levy. Three is leaflets to local businesses. If nothing -- I understand we can't do anything that says vote yes or no, but we can say to please don't forget to vote on the mill levy, question number six, is that correct, Bill? Nichols: Mayor and Members of the Council, that is correct. You cannot advocate a position -- Bird: Right. Nichols: -- in that stuff as much as you might like to, but you can just layout the facts, what it would do. Corrie: Also water bill notices, we can get those in the water bill. I thought using that space down below, which is right on the water bill, the flier. I have had a lot of people tell me that the last election they thought it was flier and something else and they Meridian City Council Meeting October 2, 200 I Page 60 disregarded it. I'd like to put that in a red box down there and so that they will read that as part of the bill, maybe the same thing, don't forget to vote on the mill levy question or some other statement you want to do. The department heads, employees to work in the neighborhoods, if possible, and we discussed that a little bit in the department head meeting, but not a whole lot, because I wanted to make sure the Council has approved of that type of thing, if we can. Mayor and finance director and Council speak as often as possible to citizens in service trunk meetings. I believe that Tammy has set up some meetings and I know I have and if the Council can set up any other meetings for us or with Stacy, whatever can be done there, we could do that. Now that's just a preliminary that I'm sure we have other things we can do, but I leave that for discussion at this time. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I understand there is several individuals or businesses that have offered to put some money towards advertising and/or copies on informational pieces of literature to support a mill levy entry. I would suggest -- and we have had -- and I believe you have had a number of citizens who have offered to be involved, that, you know, I just firmly believe that these need to come from a citizen's grass roots level and that the October 17th Kiwanis Club meeting and the October 29th Rotary meeting that I have set up for the mill levy presentation be done by a citizen. I think it's a stronger statement if it comes from one of our community members who has indicated they want to get involved. Lynn Rupe has offered to do any presentations we would like her to, to be involved in the citizen groups and I believe that it just sends a stronger message coming from the citizens, rather than from their elected officials. There is some distrust of government and even though we are taxpayers and citizens our self, I think the message comes out stronger and clearer by our citizens directly. Corrie: Would she want to use some of our materials? De Weerd: Yes. Corrie: Okay. Good. De Weerd: She could meet with the finance director and, you know, be well versed in the presentation and even going door to door. I think a citizen's group would be more than willing to help in that aspect. I do believe that our message is what happens if it doesn't pass. We do need to have a solid answer to that question. So maybe that's something we want to discuss at the workshop or if we want to get together with a citizen's group to discuss that. I think it's very important that people have that information when they make a decision on if they vote yes or no. they know what happens if they vote no. Corrie: Any other comments? Meridian City Council Meeting October 2, 200 t Page 61 Bird: I have none. I made my statements at the -- Corrie: I think you will be asked a lot of questions. Bird: I have no problems standing up for it at this point. Like I told you this afternoon, a year ago I wouldn't have said the same thing, but in the same token I don't want to think of what will happen if it isn't passed and I'm not going to go into it looking at that aspect. I think it will pass. I think it's good to sell. I agree with Tammy that the less us elected officials have to do with it in the open -- I mean we can supply the material and stuff __ the better off we are. I think the biggest seller point is that, hey, we are taking you up to a four oh, but if the growth keeps up you're not going to be there very long, you're going to start coming down. I think another selling point is to the citizens of Meridian who has to pass on this, is you get your choice -- and I know this is something that is going around within the community that certain people would love to see it pass, is get a fire commission. Well, I'm, for one, a city citizen that will never vote in favor of that, because I don't want to pay 21 -- .21 on my taxes for fire protection alone when I can pay .40 for the whole shot. So I think stuff like that needs to be brought out, but, Mr. Mayor, I think that Tammy hit it on the head. I think we need to get somebody like Linda Rupe -- is that right? Rupe? And I think there is other people within the city that will get out and do it for us and you have had people and I think it just sounds much better coming from them, but -- and, yes, you know, in the campaign it's going to be asked a lot and I think we just need to make sure that the people understand that, you know, with our growth and everything it's not going to stay at four oh, that if we don't pass this in two years we will be at two five. Corrie: I see can Frank sitting back there. Frank has given his whole-hearted support for us and we have given it to him and I think -- I think it will go this time. I think we have the Chamber of Commerce and local businesses behind us as well. I think they are for it, the ones I talked to today. I haven't been in Chamber very often, but I did get a chance to talk to some of them and they -- I asked them about this -- like putting something in the window and they said it's an excellent idea. They wanted to see as many people organized as possible, but the question is whether we could have that or if we want something different, but at least that gets it before the public. And, of course, Frank and the papers and television. And I did get a lot of response and when I did talk to the television people they apologized that they didn't do more for us the last time, but they got swallowed up with the foothills and they realized it and they knew it and we just need to go after it. If you have any other ideas, let Tammy and I know or we will need to work -- I know that Tammy said that she would be more than happy to work with us __ with me as well. So I appreciate that. Anything else? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I agree with a lot of the things that you're doing. I think the citizen engagement and involvement will be a great leverage tool for us, because, like Tammy Meridian City Council Meeting October 2, 2001 Page 62 said, there is a certain amount of distrust if it's a city employee or an elected official who's telling you we need more money versus some -- a citizen who understands the issue and is telling you that. I think their word would be valued a lot more by the average citizen out there. One of the things that I haven't heard mentioned or seen in the deal here that I think is a very effective method would be -- I think we had a commitment from some individuals and some organizations for financial assistance, but maybe even some signs coming into the entryway into the city or yards signs similar to campaign signs, but just reminding people about the upcoming election, because that was, you know, one of the biggest things we heard last year is we didn't even know there was an election. So it's obvious some people don't read the paper and some people don't listen to the news, so maybe we catch them when they are driving by in their car and there is a big sign and it's just a sign that says, you know, upcoming mill levy election and the date of the election and please come and vote. And I would be, you know, glad to help put as many of them up as I could and -- De Weerd: Me, too. Bird: Not a bad idea. Corrie: Not that it's any great thing, but anybody got any better idea of what they should maybe put on those? Because we have got a couple of businesses that want to give some money and maybe we could get them -- De Weerd: Well, I would suggest that we set a meeting date for citizens who have an interest in pulling together information and an effort and let them make a recommendation on what could be on those signs and maybe we can have Stacy give them the presentation, so they have an opportunity to see what it looks like and make comments, so that when they go out on the speaking tour they have their own verbiage and their own input so it's theirs, rather than ours, you know. I would suggest we could _ - you know, I don't know what your calendar looks like, Mr. Mayor, but I would be open to helping or doing it, you know, meeting with a citizen's group and trying to get them moving forward on this. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Let me ask a question of Mr. Nichols. I know if the City's doing it you can't say vote yes, but if it's a citizen's committee financed by private money, you can write vote yes, can't you? Nichols: Councilman Bird, Mayor, Members of the Council, that's correct. Bird: So if we get some money from the citizens -- I don't think -- I don't think we should be using public money anyway, but then other than what we send out on the bill, the water bill, if they buy the signs and stuff, we can say vote yes on it. I think we need to. Meridian City Council Meeting October 2, 200 I Page 63 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: My only thoughts on the sign is you're very limited as far as how much information you can put on a sign and really what we are trying to do there is just bring to people's attention that there is an election. So I think a very simple statement really to say vote yes or whether it says please help us provide vital services to our community, vote in the upcoming election on such and such a date, that we are not going to be able to inform them all about the issues and why on a sign. So there would have to be something pretty simple and we can't wait a real long time and involve all kinds of citizen committees in trying to get just the exact verbiage, because it will take some time to get signs made up and get them installed, so I wasn't looking for anything real detailed there. Bird: A sign that says vote yes, November 6, on mill levy. I think you need to say yes, because, you know, you write that out -- I don't know. De Weerd: I'm sure we will have some creative people on there that -- you know, and the sooner we can pull them together the better and, gees, just let them go to town and I think we have enough enthusiasm and support out there, as indicated in the fact that we got the majority of the vote -- it wasn't the super majority, but we were only short 16 votes -- we have support out there and let them go to work. Corrie: When are we going to have the meeting? Frank can help us out on that one. Put it in the paper. De Weerd: The paper comes out -- we generally get ours in the mail on Tuesday. Thompson: I'm Frank Thompson, the publisher and editor of Valley Times. And we print every Monday morning and we mail it Monday afternoon. I would like to see a front page story in every issue between now and the election and an excellent starting point would be this meeting date to involve as many citizens as we can. Bird: That's a good idea. Corrie: Any suggestions that -- I'm sorry, I'm going to be gone the 11th and 12th of October. I'm in Salt Lake City at a Via Trans meeting. De Weerd: Do we want to try meeting on the 10th? Corrie: That's -- some people don't get their paper until Wednesday. Thompson: I suggest Thursday, if possible. Meridian City Council Meeting October 2,2001 Page 64 Corrie: That's what I was thinking, but-- De Weerd: Okay. Well, I can do the meeting. I will bring Stacy in and we can give them the information and let them go from there. Probably an evening meeting probably would be best for the initial, so -- Corrie: Let's set it for the 11 th, Frank. Does anybody have any problem with that? And I'm not trying to bug out on you, but I already made that commitment in Salt Lake City. De Weerd: Well, let's just plan it for Thursday at 7:00 P.M. Maybe Will can check and see if City Hall is -- Clerk: You have the Historical Society and Ward -- you can put them in the other room. De Weerd: The Historical Society meets -- Clerk: They meet here when -- Corrie: One meets there and they meet here? Maybe we can then combine our meeting with theirs and give them a program. De Weerd: What time do they start, will? Clerk: 7:00. De Weerd: I mean we could start this at 6:00. Bird: You could use the fire station. De Weerd: At the fire station? Oh, that's a great place to do it. Corrie: Kenny, can we meet Thursday, the 11 th? Bowers: Thursday the 11th? I'll sure check and find out. Corrie: Okay. Would you let us know so we can let Frank know immediately? And let Tammy know? All right. Okay. I don't know, maybe the Historical Society would like to have -- if we furnish them with donuts or something, they will show up, too. Clerk: They have pretty good refreshments. Corrie: Okay. If you would do that, Kenny, and let Tammy know and then we will let -- Frank, we'll let you know as soon as Kenny has made sure tomorrow. All right. Smith: Mr. Mayor. Meridian City Council Meeting October 2, 200 I Page 65 Corrie: Yes. Smith: I was wondering, would it be possible to regenerate the mailer that was sent out last time just for employee handouts? Or is there -- are there some of those that remain from the last campaign that we could distribute to employees? Corrie: Sure check. I don't know, Gary, whether there are or not. We could have some made up. De Weerd: Mr. Mayor, I keep a file on things and maybe there is a more concise bullet flier we could do. Smith: Okay. Corrie: Yes. That's for sure. Okay. Smith: It might be of help just to make sure our employees are as well informed as possible and then they can kind of carry that torch on their own, too. De Weerd: Thanks, Gary. I think that we need to be better versed, too. You know, I was asked, you know, is it going towards personnel and there was a position in the fire department and -- I mean I don't know. So it would be nice if we were able to -- is it going all to personnel or is some of it going to capital, you know, what is it going to be dedicated to, other than parks, fire and police. Do we want to be specific or just leave it at that? Corrie: I think at this point we need to make a decision that we probably should -- Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: It may be possible that you can -- and I think this was sort of covered in Stacy's presentation, but you could cover some of the -- some of the deficiencies in each of those three departments, so that -- I mean you, obviously, haven't -- you don't have the money, so until you get the money you can't designate where the money is going to go, but you can certainly point out the specific deficiencies in each department in terms of additional park land, cost of development of park land, cost of a fire truck, cost of building a new fire station, all those issues that could be bulleted for each department as a way of showing here is the specific need in these departments and this is the potential how these funds could be used. Bird: I hate to tie it up with one specific item. I'm like Will -- I hate to tie it up with one specific item in each department, because I think, you know, sometimes you're probably going to have to use it for operating expense, personnel, other times you're going to need it for capital improvements or equipment or something like that. So I just -- and I ( Meridian City Council Meeting October 2, 2001 Page 66 hate saying a third, a third, a third, you know. One year you might have to have 60 percent for police or, you know, it just depends on what you have. But as long as the people know that those are the main three things and get out and sell it, I think that's what the people want. Those are the main three areas of concern. Anderson: I agree. I think you need to be a little more general. I mean we know the needs, you know, like parks, that we need to purchase additional ground, we need to develop existing land, and you could be specific in that sense, but yet you're still general enough that you -- because you haven't had a chance to sit down and debate, well, do you need this lawn mower or do you need this dump truck, so you don't want to put things like that, because those are things that you're going to debate at budget time, but you could in a general sense say we need, you know, so many acres of additional park ground to meet the national average or those types of things or -- the same with the police and fire. Bird: You bet. De Weerd: Unless there is a presentation. So that works well. And I think that we had testimony during -- I think it was Tuscany that mentioned, well, they were buying parkland south of the freeway, I thought it was my property. So it does avoid some of those speculative comments as well. So I agree. Okay. Corrie: With that we would remind the Council that we have a meeting Friday at 3:00 to go over Wade's proposal. Okay. With that I will entertain a motion that we -- Smith: Mr. Mayor. Corrie: Yes. Smith: May I ask -- or add one comment? Corrie: Yes. Smith: I handed out to each one of you this evening a draft copy of the Transportation Task Force Committee report and just would request that if you can take some time and read through that, if you have any comments let me know and I would like to bring that back to you for the October 9th Council meeting. Bird: That will happen. It would be on the agenda, Gary, on the workshop. Smith: Okay. Bird: It will be on there. Smith: Okay. Thank you. Meridian City Council Meeting October 2, 200] Page 67 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: One last thing on the strategic planning. They do have strategic planning training going on for all city employees who are interested on October 3rd and 17th. I do believe when we first talked about the strategic planning we did mention that we would like public involvement as well, that we were going to make an energetic announcement about the importance of this process and that it is a big step in planning and moving forward for our city. So I don't know what the thought was on doing that major initiative announcement, but I would like to see public involvement. It's probably too late for tomorrow, but maybe October 17th or if you would talk to John Luthy, where the appropriate parks to have public involvement would be, I just think in the strategic planning it's very important to have community involved, too. Corrie: John has not mentioned that yet, so I'll find out tomorrow just how much the public is going to be involved with this. I don't know. I can't tell you what his plans are. He's got about 37 to 38 department heads and employees coming tomorrow. De Weerd: That's great. Corrie: So we will just see how it shakes out there and then if he feels that he should be involved in that or -- we could talk to him about that. Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: [move we adjourn. De Weerd: Second. Corrie: Motion made and seconded to adjourn. All those in favor say aye. A quarter until 1 0:00 P.M. MOTION CARRIED: THREE AYES, ONE ABSENT. MEETING ADJOURNED AT 9:45 P.M. Meridian CitY counci' Meeting, october 2,200' Page 68 (1 APe 01'1 fILe of l\-1eSe PRoceeDINGS) APPROVEO', I c) I t.- -;, I '2:-~ ~\JEO .\\\\,\\\,~~H:ltl~nr . \,\ G1\"~ ,", J}.h ..," 'Of 'iN'Jb.(,'!i''t .. t, ~':- .~ . "I;.,,,! .'< .."'?: t 8' cP".O!lA~:''''4< ~~eSleD: S :?l':O' \f~ ~ 1J'". !'i: ~.,,,\ i' 1f =. \ "' >;' ,,-,>''> t] . ~ 4' " (" '" ..... A -;.. '- 0,. ,. . "'/~ --;~,iJ '1.-""f) ..... t." /'" .,.,..,,,, ," .f'" {,;;. :;It : <). ~,.,~" .'~ /' .~:;- ,'~~ :1,1'(, .,,~' --..- ~). ,,~" . "'/.:; . . .$" ''->'"., .":' .\'>