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HomeMy WebLinkAbout2002 12-03 Meridian City Council Meeting December 3, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:02 P.M., on Tuesday, December 3, 2002, by Council President Tammy de Weerd. Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Terrence White, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Mike Worley, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird O Mayor Robert Corrie De Weerd: I'll go ahead and call this meeting to order. Tonight is Tuesday, December rd 3. We will start at 7:02. We'd like to welcome you all here this evening and, in particular, a special welcome to Troop 130. It's nice to have you boys here and I hope you can stay awake through the process, but it is exciting. City government is an exciting place to be so welcome. I will go ahead and ask the City Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Okay Item Number 2, Adoption of the Agenda. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda, with an addition of under Department Reports, Item B, which would be a Fire Department report by Chief Kenny Bowers and with that addition, I would move that we adopt the agenda as published. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda with a change adding the Meridian Fire Department report under Item Number 4 as 4-B. Is there any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. November 6, 2002 Approve minutes of Pre-Council Meeting: Meridian City Council December 3, 2002 Page 2 of 37 B. November 19, 2002 Approve minutes of City Council Regular Meeting: C.Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for Lochsa Falls Subdivision proposed by Farwest LLC and Daniel Gibson – south of West Chinden Boulevard and west of North Linder Road: D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on Lochsa Falls 354.38 acres in a proposed R-4 zone for proposed Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for Lochsa Falls Subdivision the proposed by Farwest LLC and Daniel Gibson – south of West Chinden Boulevard and west of North Linder Road: F.Order Granting Appeal: AP 01-002 Stop Work Order at 2340 West Franklin Road by Walt Morrow: G. Findings of Fact and Conclusions of Law for Approval: MI 02- 010 R.T. Nahas Request for a private road by -- southeast corner of South Progress Avenue and South Industry Way: H. Findings of Fact and Conclusions of Law for Approval: AZ 02- 025 Request for annexation and zoning of 6.24 acres from RUT to Betty Lou Britton C-N zones for by Betty Lou Britton – 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: CUP 02- 029 Request for a Conditional Use Permit for a child care facility Joni R. West for 12-24 children in an R-15 zone for by Joni R. th West – 923 East 4 Street: J. Approve Request for Sewer and Water Extension on Locust Grove by Joint School District No. 2: K. Approve Bills: De Weerd: Item Number 3, Consent Agenda. Meridian City Council December 3, 2002 Page 3 of 37 Bird: Madam President? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Items C, D, and E, I would move that we table them to December 17, 2002. With that, I move that we approve the rest of the Consent Agenda and for the Council President to sign and the Clerk to attest on papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as amended any further discussion? Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Meridian Police Department – Chief Worley: 1. Crime Statistics Report for September 2002: De Weerd: Okay Item Number 4, Department Reports. Meridian Police Department, Chief Worley. Worley: Thank you, Madam President, Members of the Council. You have at your positions there a one-page report that has been issued by the Idaho State Police Department statistics on crime in Meridian through September of 2002. As we go through this, I would caution that these are preliminary numbers and may be subject to change as additional reports come in, but they will be pretty close. I won't go over every bit of this thing, but I would highlight that Meridian continues to be a very safe place to live. Total violent crime, which includes murder, rape, robbery, and aggravated assault, is down 35.9 percent and to put that in a little bit of perspective for the audience, the total numbers of crimes that we had in those four categories in the first nine months of this year total 25, as compared to 39 last year. That's a very low number for a city this size. As we reported before, property crime continues to be a problem in Meridian. The only significant crime category that is up is the theft category and it's gone up almost 18 percent compared to the first nine months of 2001. Overall, property crime is up from 814 incidents, the first nine months of 2001 to 921 incidents in 2002, for an 11.8 percent increase. The total major crime, all eight categories, is up just a bit under 11 percent. Our goal in the Strategic Plan was five. Obviously, we are not reaching that yet, but with some of the things that Council has given us as far as staffing, I think we will have a chance to approach that. The other significant issue from this particular report is the clearance rate, that's the cases that are actually solved by arrest or by other identification of the perpetrator, and that has gone up from 16.2 percent last year to 38 percent so far this year and very much attributable to the additional investigative staff Meridian City Council December 3, 2002 Page 4 of 37 that we have. Two other numbers that I would point out that aren't on that report. An issue in any city is vandalism and Meridian is no different in that. Vandalism in the first nine months has remained virtually flat, 224 incidents last year to 222 the first nine months of this year, and the outstanding one that I would attribute to just some good active work in the community by many groups, narcotics violations is down 11.8 percent. With that, I'll stand for any questions. De Weerd: Chief, I just want to express our gratitude in your leadership. I think your department has come a long way under the first year of your tenure and these numbers are really reflecting that. I know the article that just came out in the paper this Sunday on the start of the remodel on your old police station for the Boys and Girls Club. I think we will see a significant impact in these numbers as well for next year and appreciate the offer of the Police Department to now prevent crime with our youth offenders. It really gives them a nice, safe place to go and a positive -- positive role models and so we continue to look forward to your pro-active approach and see that it, indeed, makes a difference so thank you. Worley: Thank you, Madam President. It is always better to address the issue up front than trying to catch people after the fact. De Weerd: Council, any comments? Bird: Just echo yours. Nary: I concur. B. Meridian Fire Department – Kenny Bowers. 1. Fire Station No. 3 Report. De Weerd: Thank you, Chief. Chief Bowers. I asked the Chief to update Council. We had an issue come up with Fire Station No. 3. The Rural Commission has been briefed and Kenny and his staff have been working to try and address this issue. With that, I will just go ahead and ask Kenny to give us an update. Bowers: Thank you. Acting Mayor, City Council Members, a year ago we purchased a th piece of property on Locust Grove, 3500 block, in that area. At that time we thought that we had purchased a little under an acre of land. ZGA, Tom Zabala, and Danny Little, came to our Rural Commissioners Meeting late November to tell us that we only have .7 of an acre. What had happened was the 186 feet deep of the property went out to the middle of the highway at Locust Grove. We still thought we were okay, because we had bought title insurance, the whole works on it so we are trying to track down the title insurance at this time. We still thought we were okay, because Ada County Highway District told us they thought they would only take 70 feet from the -- 70 some feet from the middle of the road. The last time we had talked to them, they want 90 some feet. At this time, we have got a couple three different options on that piece of property. Option Number 1 would be to possibly buy 30 more feet from the property owner to the west of the fire station. Option 2 would be to get an easement from the property owners to the west and use their driveway into the back portion of our property. Meridian City Council December 3, 2002 Page 5 of 37 Or a third option would be to turn the fire station instead of running east and west it would go north and south. I have talked to the lady that owns the property behind the fire station. At that time she did not have a problem with selling land or creating an easement for the driveway, but she still had to talk to her husband and she has not got back with me on her information yet of which way she would like for us to go. This is just kind of an FYI for the City Council to let you guys know where we are. We are working on this every day to try to come up with a solution for this. As you know, we were going to try to break ground April, March, somewhere around in that area after the wintertime so this might delay us just a little bit. Talking to ZGA, they didn't think that this delay us any if we could get hopping and get the property either purchased or an easement for the driveway. The driveway is on the south side of our property. It's 50 feet wide. It's between the church and our property so sometime in the future that road will probably be developed into a road going back to all that property behind when they sell it. There are several acres back there, so when they develop it that will probably be a way into that subdivision. Possibly, at that time, we might have to -- or we might have to wait and use the main road as our back way into our bays. The third option I was telling you about turning in the station is we would pull into our property off of Locust Grove and be able to still turn our truck around and back it into the bays, so we wouldn't be backing off of Locust Grove or we wouldn't be causing any problems with Locust Grove. Also, the Sanitary Service would be able to come in, turn around, and head back out forward, instead of backing out onto Locust Grove. Are there any questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: Kenny, if I recall, our Number 2 station is on a half acre, and we go around back on it. Is this one not as deep north and south? Haven't we always planned on running out -- running the building north and south and coming out from the east onto Locust Grove? Bowers: We thought we could get away with it the other way. If we had 186 feet, we would be able to do it the correct way, but with Ada County taking, you know, that property in front when they widen that to three or five lanes, whatever it's phased for in the years, that we would have to turn the building. I think we will still be able to do it by turning the station. Bird: What was the idea of turning the station the other way where you come out the south end onto that -- if you're coming out the south end, you're coming onto that little gravel road and then out to Locust Grove. Bowers: Acting Mayor and City Council Members, the first plan that we had, we would have two entrances and exits off of Locust Grove into our property. We would still be able to do a horseshoe. Now with the property the way it's so short, we are going to have to shove the building all the way back to the west and we would run into a problem with parking on both sides. Bird: What if -- you're talking about the depth east and west. What is the north and south distance? How many feet is that? Meridian City Council December 3, 2002 Page 6 of 37 Bowers: 220 feet. Bird: And is the building basically a model of what we have got at Ten Mile? Bowers: Yes, it is just possibly a little longer bay. Bird: A little deeper? Bowers: Yes. De Weerd: And, Keith, we need to keep in mind that we have a 30-foot landscape buffer in the front and 20 feet in the back and 20 feet on the side so that eats up a lot of the space. Bowers: Acting Mayor and City Council Members, the Planning and Zoning, Brad and his staff, have helped us out tremendously on that. They have gave a little bit on the back, but they had us put more on the front or sides -- I don't know quite how it was, but they helped us out a lot on the landscaping. I will keep you guys informed of where we are headed, what we are doing, and let you guys know. De Weerd: And when will you get a further update from the Rural Commission and the architect? Bowers: Acting Mayor and City Council Members, I am going to go out possibly tomorrow and talk with the lady to see if she has talked to her husband to decide which way we could do. As soon we can figure that out, then we would come to you guys, ZGA, and the Rural Commissioners and have a plan of which way we are going to go. I would hope within the next couple weeks. De Weerd: Okay and will that delay the construction or will we still pretty much stay on target? Bowers: Acting Mayor and City Council Members, Tom Zabala from ZGA thought that we could still be on our deadlines for building the station. De Weerd: Okay any other questions? Thank you. Item 5. (Items Moved from Consent Agenda) De Weerd: There were no items moved into Item Number 5. Item 6. Ordinance No. : Adopting the Meridian Development Corporation’s Meridian Revitalization Plan: De Weerd: So Item Number 6, Ordinance Number 02-987, adopting the Meridian Development Corporation's Meridian Revitalization Plan. Mr. Clerk, if you will read Ordinance Number 02-987 by title only. Meridian City Council December 3, 2002 Page 7 of 37 Berg: Thank you, Madam President, Members of the Council. Ordinance Number 02- 987, an Ordinance of the City Council of the City of Meridian approving the Meridian Revitalization Plan, which plan includes revenue allocation financing provisions, authorizing the City Clerk to transmit a copy of this ordinance and other required information to county and state officials, approving the summary of the ordinance and providing an effective date. De Weerd: Okay. You have heard the reading of Ordinance Number 02-987 by title only. Is there anyone in the audience who would like to have it read in its entirety? Okay. Seeing none, we will go ahead and entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I had a question before that. We have a document from Mr. Nichols dated nd December 2, but there is no summary attached. There is just a cover sheet, and it is in the title that we approve the summary and the State Code requires us to approve the summary, but there isn't one. Unless we have one, I guess I would concur that we delete that line and when we receive the summary, we can pass that by resolution, but we don't want to print this whole ordinance. We can't approve the summary that we don't have. I don't know if Mr. White has -- do you have -- De Weerd: Mr. Berg, you need to speak into your microphone. Berg: Madam President, Councilman Nary, I do have a summary that is attached to my Exhibit 4, which is 13 pages, plus a map, which apparently, then, that may not have gotten attached to your copies, since we received this late today. But -- Nary: So this is 13 pages? The ordinance is only nine. De Weerd: That's a summary. Nary: I mean I know lawyers are kind of wordy, but I have a hard time thinking that that's the summary. Bird: You guys get paid by the page, don't you? Nary: Must be. De Weerd: Mr. White, what is the process, then, for that? We do have a summary that Council does not have in front of it. Oh, that is the exhibit, the 13 pages? Nary: Yes. White: I think the answer to your question is it's really the Council's pleasure. The City Clerk, in fact, has the summary on his copy of the ordinance and if the Council is comfortable in passing the ordinance, I'm sure that's appropriate. On the other hand, if you'd like the time to review the summary, that's, obviously, appropriate also. I don't Meridian City Council December 3, 2002 Page 8 of 37 have a problem legally by proceeding to pass it with the summary, because the Clerk has it. De Weerd: Okay. Council, what is your preference? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would prefer to go ahead and pass it. I think Mr. Nary is looking the summary over. Summaries have always been a very good report, so I would have no problem with, if the other Council Members -- Nary: And Madam President? De Weerd: Mr. Nary. Nary: In looking at the summary, I think as Mr. Berg said, it does include all of the -- all of the land that's part of the revitalization area and so that's part of why the length of this summary -- it does appear that the summary of the ordinance itself is really only about three pages long. I think that's probably adequate and looking at it, I think Mr. Bird is correct, that there is certainly adequate information here, we just didn't have it in our packet that we received. I think it's fine so we can go ahead. De Weerd: Well -- and time is the essence of this ordinance. I would entertain a motion, then. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move that we approve Ordinance Number 02-987, Adopting the Meridian Development Corporation's Meridian Revitalization Plan and Summary of the Ordinance and for the Madam President to sign and the Clerk to attest to the ordinance and the summary. McCandless: Second. Nary: With suspension of rules, pursuant to Idaho Code. Sorry. McCandless: Second. De Weerd: Okay. We have a motion to approve Ordinance 02-987, adopting the Meridian Development Corporation's Meridian Revitalization Plan, with the suspension of rules. Any further discussion? All those in favor say aye. Oh, I'm sorry roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. Meridian City Council December 3, 2002 Page 9 of 37 MOTION CARRIED: ALL AYES Item 7. Ordinance No. : AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for Sundance Place Subdivision proposed byG.L. Voigt Development – east of North Meridian Road and north of East Ustick Road: De Weerd: Okay Item Number 7 Ordinance Number 02-988, request for annexation and zoning of 42.72 acres from RUT to R-8 zones for the proposed Sundance Place Subdivision. Mr. Clerk, will you read this ordinance by title only. Berg: Thank you, Madam President and Members of the Council. Ordinance Number 02-988, an ordinance finding that certain land to be known as Sundance Place Subdivision, located on the east side of Meridian Road, one half mile north of Ustick Road, and which lies contiguous and adjacent to the limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description and described below, be a part of the City of Meridian, County of Ada, State of Idaho, and repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing that city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of Ordinance 02-988 by title only. Is there anyone in the audience who would like it read in its entirety? Okay. Hearing none, any discussion? Okay. I would entertain a motion on Ordinance 02-988. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve Ordinance Number 02-988, request for annexation and zoning of 42.72 acres from RUT to R-8 zones for the proposed Sundance Place Subdivision by G.L. Voigt Development, with the suspension of rules, and for the President to sign and the Clerk to attest. Nary: Second. De Weerd: Okay. Motion to approve Ordinance 02-988. Any further discussion? Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. Meridian City Council December 3, 2002 Page 10 of 37 MOTION CARRIED: ALL AYES Item 8. Ordinance No. : AZ 02-021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT Tully Cove Subdivision and R-4 zones to R-8 zone for proposed by Ted Mason – west of North Linder Road and south of West Ustick Road: De Weerd: Item Number 8, Ordinance Number 02-989, Request for annexation and zoning of 5.26 acres and rezone of 2.4 acres from RUT and R-4 zones to R-8 zone for the proposed Tully Cove Subdivision. Mr. Clerk, will you read Ordinance 02-989 by title only? Berg: Thank you, Madam President, and Members of the Council. Ordinance Number 02-989, an ordinance finding that certain land to be known as Tully Cove Subdivision, located west of North Linder Road, approximately one half mile north of Cherry Lane, and which lies contiguous and adjacent to the limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Robert and Linda Rainford has made a request for annexation and a request for rezoning in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential (R-8) and declaring that said land, by proper legal description and described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed to the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215 and the rezoning of a separate parcel from R-4 to R-8. De Weerd: Thank you, Mr. Clerk. You have heard the reading of the 02-989 by title only. Is there anyone in the audience who would like it read in its entirety? Okay. Hearing none, Council, any discussion? Comments? I would entertain a motion. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I would move that we approve the Ordinance Number 02-989, request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT to R-4 zones to R-8 zones for the proposed Tully Cove Subdivision, west of North Linder Road and south of West Ustick Road and for the Mayor to sign and the Clerk to attest, with suspension of rules. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance Number 02- 989, with suspension of rules. Any further discussion? Okay. Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Meridian City Council December 3, 2002 Page 11 of 37 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from November 19, 2002: RZ 02-003 Cherry Lane Request for a Rezone of 4 acres from R-4 to L-O zones for Christian Church by Cherry Lane Christian Church – 2511 West Cherry Lane: Item 10. Continued Public Hearing from November 19, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church – 2511 West Cherry Lane: th De Weerd: Okay. Item 9 is a Continued Public Hearing from November 19, request for a rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church. With Council's permission, I'd like to also open Number 10 for the request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade also for the Cherry Lane Christian Church. Bird: Fine with me. De Weerd: Okay. Staff, we will start with you. Hawkins-Clark: Thank you, Madam Chair, Members of the Council. Item Number 9, the rezone request I will just touch on first and then go to Item Number 10 on the Conditional Use Permit. Before I go into it, though, I would point out that you have received a letter from Mr. Larry Woodard of the Cherry Lane Christian Church, dated th November 26, that you should have in your packets. That does request a modification to their plan, which I will go over a couple of the changes, how that impacts their site plan when I get to Number 10. De Weerd: Brad, before you continue, Mr. Clerk, did you receive a copy of that? Hawkins-Clark: The Planning and Zoning Department shows it stamped from the th Clerk's Office on November 27. De Weerd: Okay. Hawkins-Clark: Great. Thanks. The property is approximately four acres and it is as shown in bold here on the screen. It's on the south side of Cherry Lane. They have an address of 2511 West Cherry Lane. The current zone of the church is R-4. Churches are not an allowed use in the R-4 zone. They, obviously, have grandfathered rights, so they have been allowed to continue to operate. They are looking to expand their operation at this point in time, so that was some of what drove the request to rezone the property. They are proposing to rezone it to L-O, Limited Office. This would help to clean up the zoning situation, as well as help avoid any further requirement for permits. Meridian City Council December 3, 2002 Page 12 of 37 The project is surrounded by Sunnybrook Farms Subdivision on the north side of Cherry and Haven Cove Subdivision is on the south and west. The Vineyards Subdivision is on the east side there of Nine Mile Creek, which does run here north and south immediately east of their property. The Planning and Zoning Commission have made a recommendation of approval for the rezone request and you should have that recommendation in front of you. I don't believe there are any changes to that recommendation or to staff comments. On the screen is an aerial photo showing the existing site conditions. They do have two points of access off of Cherry into their site. They have a landscaped area in front of the church. Parking all the way around and, then, again, here is the Nine Mile Creek, Nampa-Meridian Irrigation District easement there. On the Conditional Use Permit request, the reason for the Conditional Use is they are looking to add a preschool and a future private school. The existing classrooms that are within the facility would be used for the preschool and private school use. They are also looking to add an enclosed tot lot addition and two lobby expansions, as well as an expansion of their -- of their library and those expansions are kind of pointed out. Obviously, you can't read it, but they are -- again, here is the building and the expansions are highlighted in the darker areas there. The request from Mr. Woodard deals with this eastern part of the project. Originally, they had proposed to expand their parking lot by tiling the Nine Mile Creek and through the course of several negotiations -- and I'm sure the applicant can go into it further if they'd like, but they have run into some difficulties dealing with primarily the Corps of Engineers on cleaning that up. What they have proposed is to essentially maintain this Nine Mile Creek as it currently is on site, so the Site Plan would, essentially, be modified and just come straight down this eastern boundary there. That would -- that would require a revised plan to be submitted to us, should you choose to move on this tonight, so that we could essentially just review a new plan. We really don't see any dramatic changes, since they are just eliminating that eastern parking area. As far as the recommendation from Planning and Zoning Commission that you received, because of the modification, there are several changes that if you choose to move on this tonight, the recommendation would not be accurate. Item Number 1 on Page 2 would just be omitted entirely, since that deals with the parking lot expansion. Item Number 2 is the existing parking lot and the City's Landscape Ordinance does require when there are modifications to non- conforming uses, which in this case, the parking lot is non-conforming to our Landscape Ordinance. To be honest with you, I think that the minutes were a little bit confusing. I believe that the motion from Commissioner Centers at the Commission Meeting was to delete that item as well, although, the recommendation still shows it in there. I would like to get some clarification, possibly from the Attorney's Office who drew the recommendation up and/or from the applicant on that, but I do believe that Item Number 2 was deleted by Commissioner Centers. Item Number 6 deals with the future private school that they are proposing as a part of this permit. Item Option B is still shown there and that should be omitted as well. The Commission is recommending that they obtain a Conditional Use Permit when they want to expand the private elementary school in the future. Essentially, they are restricted to 56 students at this point and just a preschool. So should they choose to go to kindergarten, first grade, second grade, et cetera, in the future, a Conditional Use Permit would be required at that time? That was what the Commission recommended. That's option A so option B would go away. Then the last change that would be affected by changing this site plan would be Number 7, the very last paragraph, which is on the top of Page 3 and that was asking for them to submit a revised Site Plan that shows the 21-inch sewer main, since that would affect Meridian City Council December 3, 2002 Page 13 of 37 landscaping and that could be omitted. They would not need to submit that. I guess, in summary, since the site plan really does not have substantial modification, other than just eliminating that 65 or 70-foot stretch there on the east, the staff would be comfortable with City Council making a motion tonight with those changes that I have just talked about. De Weerd: Council, any questions for staff? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: I'm a little bit confused, Brad, on the extra parking on that Nine Mile Ditch. Isn't there a relationship to that additional parking to all the expansion they want to do? Because if we just delete it, then, that's saying to me that it wasn't necessary to begin with, if we are going to approve all this expansion. I'm assuming there is some relationship. I haven't read through all the minutes, but a relationship between what they are wanting to add and why the additional parking was necessary to make it comply. Hawkins-Clark: Councilman Nary, I believe that the -- the Highway District, in terms of calculating trips for preschools, is looking at this primarily as a drop-off situation, so the day use for the preschool would not actually demand an increase in parking spaces. Nary: So what was the point, then? Why did -- Hawkins-Clark: I believe it's just to accommodate their growth. Nary: The rest of the -- Hawkins-Clark: On Sundays. Nary: Okay. De Weerd: Mr. Nary, I think a lot of it is as we found in a previous application, because they are not increasing the size of their sanctuary. Under our code it's not necessarily required that they add additional parking slots, but this church has undergone tremendous growth and they have been very good neighbors in where they have found alternatives to their parking issues and they do have parking issues on Sunday. They have been partnering with a church down the road and busing their church goers to the church. Nary: Well, I live across the street, so I mean I knew all of that, but then there doesn't -- I guess it didn't make any sense to me why the parking was tied to the CUP. It doesn't have any relationship to what this expansion is. It probably didn't need to be there anyway. They want to expand the parking to meet their needs, that's fine, they probably should, but it doesn't need to be tied to the project. Meridian City Council December 3, 2002 Page 14 of 37 Hawkins-Clark: Other than it is an expansion of a non-conforming use right now. Nary: Right. Hawkins-Clark: So they would have to do it for that reason, or else they would have to wait until the property is rezoned, then come through later and then expand it with the parking, but -- Nary: Since now we are going to delete it anyway -- Hawkins-Clark: But since we are going to delete it anyway -- correct. Nary: Okay. Thank you. De Weerd: Okay. Is the applicant here this evening? Woodard: My name is Larry Woodard. I'm one of -- De Weerd: Will you raise your right hand. Do you promise or affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Woodard: I do. De Weerd: Your name and address, please. Woodard: Larry L. Woodard. My home address is 1701 Almaden, Meridian. I'm one of the Associate Ministers there at Cherry Lane. As staff has pointed, we have grown rapidly and they have correctly portrayed to you tonight the recommendations that we are in agreement with. They came to us originally on the zoning change from R-4 to L- O and we agree with that. It puts us in a proper zone now, as to the Conditional Use Permit, changes are the slight building modifications, and going to a preschool, we are comfortable with the request they have made. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to testify on this application? Okay. Council, discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so I'm clear -- and I was looking at the minutes now, Brad. What the recommendation you're saying is is that on the site specific requirement we could delete Option 1, because that deals with -- or delete Number 1, because that deals with parking lot expansion, and since we are not going to do that, we just delete that entirely. Delete or amend option -- or Number 2, because in looking at the minutes -- and you're Meridian City Council December 3, 2002 Page 15 of 37 absolutely right, it is very confusing -- it appears that the Planning and Zoning Commission was recommending deleting -- or Number 2 as well. That's dealing with the current parking and landscaping for the current parking. We wouldn't include any current landscaping requirements in the parking lot and that's okay? Hawkins-Clark: That would certainly require an action of the Council. I mean strict interpretation of the ordinance would -- well, no, I'm sorry. I do take that back, because now that -- right. They are not -- because the ordinance is tied in. They would have to bring it up to code if they were changing the parking lot. Nary: Right and it appears in looking at the last part of the minutes, Commissioner Centers says strike Number 2, which refers to the existing parking lot and the response is okay and all the comments of number two. They intended to delete all references to the parking lot as part of this CUP. Then Number 6, which is the Option A and B, it appears that they meant to delete them both as well. In looking at the -- in looking at the minutes, again, it says Item 6 has been covered, strike both options which require a CUP for the higher grades, all the comments and requirements to remain. Does anyone see anything else? Chairman Borup says no so they struck all of the things -- so basically 1, 2 and 6 was what they recommended to be deleted, if I'm reading this right. Hawkins-Clark: Yes. Which, again, is a little bit of a conflict because at the beginning of Commissioner Centers' motion he says that he wants to include the fact that the church would have to come back for a separate CUP when they intend to expand the school. At the beginning of the motion, he says to include it and, then, at the end of the motion it's deleted. I was unable to contact anybody to clarify that but I think, generally, what it would come down to is if you're comfortable with an expansion of the school within the existing facility, that's one issue. If they are going to actually modify the site plan, you know, that may impact neighbors a little bit more, it may justify a future CUP, but -- De Weerd: Mr. Woodard, did you want to respond to some of this? Woodard: Yes. It is a bit confusing. As I recall, the Planning and Zoning Meeting when we -- first of all, on the landscaping relative to our existing parking lot, that was raised by staff as that we would have to come into compliance. It dealt with planting trees along the west side, which was required of us when we put in our Family Life Center, but the Nampa Irrigation District would not let us plant trees there, so we put the trees out front. We have the required number of trees. They are not in the location that was originally planned. That's why the Planning and Zoning said drop whatever number that was relative to that. As to the school, at this point, we are looking only for approval on the preschool and that's all. We agreed that we would come back, should we decide to go to a private school, raising it one grade at a time. De Weerd: Does that answer your question, Mr. Nary? Nary: It does. De Weerd: Okay. Any further discussion? I will entertain a motion to close the Public Hearing. Meridian City Council December 3, 2002 Page 16 of 37 Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for RZ 02-003 for Cherry Lane Christian Church request for rezone and also CUP 02-027, the Conditional Use Permit for the preschool for the Cherry Lane Christian Church. McCandless: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 9 and 10. Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: We will start with Item Number 9. Is there a motion or discussion? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval RZ 02-003, the request for rezone of four acres from R-4 to an L-O zone for the Cherry Lane Christian Church by Cherry Lane Christian Church at 2511 West Cherry Lane. For Counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order, pursuant to all the staff comments and recommendations of the Planning and Zoning Commission. McCandless: Second. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the request for a rezone. Any further discussion? Okay. All those in favor -- or, Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. Item Number 10. I'll entertain a motion on Item 10, CUP 02-027. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 3, 2002 Page 17 of 37 Nary: I would move the approval of CUP 02-027, request for Conditional Use Permit for the expansion in the proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church pursuant to the staff comments, as well as a recommendation of the Planning and Zoning Commission, with the following amendments to those recommendations. The deletion of Items 1, 2, and 6, pursuant to the testimony as presented tonight, and for the counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. That's it. Bird: Second. De Weerd: Any further discussion? Okay. There is a motion to approve CUP 02-027, with the suggested changes. Mr. Clerk, roll call vote. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: Mr. White? White: I'm sorry, I just had a question. There was some debate on Item 7, deleting the requirement of a -- of that 21-inch sewer line submittal, and I was kind of assuming that was perhaps included in your motion of Council or just -- De Weerd: Mr. Nary was that included in your motion? Nary: Yes. I think the discussion was basically to not require that at this time, since they are not having to tile it and that was intended. I'm sorry. I guess should have made that clear. De Weerd: Okay. Thanks for the clarity. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 11. Public Hearing: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family Christina Floyd home daycare in an R-8 zone for by Christina Floyd – 567 East Brown Bear Street: De Weerd: Okay. Item Number 11, Public Hearing for CUP 02-030, request for a Conditional Use Permit for care for one to two additional children for after school in an existing family home daycare in an R-8 zone for Christina Floyd. I will open it with staff's comments first. Hawkins-Clark: Thank you, Madam Chair, Members of the Council. Item Number 11 is a request for a Conditional Use Permit for a group childcare home. It is located there on East Brown Bear Street. The application may seem somewhat familiar to you, as the applicant was before the Council earlier this year with a Conditional Use Permit to also have additional children. At that point, the Council determined that the number of children that she was looking for up to six would not require a Conditional Use Permit, since Council felt that those should not count against -- her own children should not count against her in terms of calculating the number of children that she sees during the Meridian City Council December 3, 2002 Page 18 of 37 day -- cares for during the day. At this point, she is coming back to care for a total of eight children, so anything above five does require a Conditional Use Permit, so that's the reason you're seeing it again. It is similar to the request that you saw earlier this year. Her earlier money was refunded, by the way, but given the increase in children, she came back for this second round so it is located in a subdivision. She has residential houses on both sides, on the east and west sides. They are single-family dwellings there. It's a rural -- fairly large rural residential open lot to the south. Standard floor plan and site is there on the screen. Staff has reviewed it and made our recommended conditions. I don't think there is anything in particular to point out on the Planning and Zoning Commission' recommendation. They did recommend approval of the request so unless you have any questions, I'll leave it at that. De Weerd: Council, any questions at this time? Nary: Madam President? De Weerd: Mr. Nary. Nary: Just so I'm clear, Brad, in reading the staff report and the minutes, the only difference between this application and the prior application is that Mrs. Floyd's children are not part of the number that we are talking about now. She may be watching other children that aren't her own that would exceed the minimum required is that what -- Hawkins-Clark: Correct. Nary: Okay. Thank you. De Weerd: Thank you. Okay. Is the applicant here this evening? Raise your right hand. Do you promise to affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Floyd: Yes, I do. De Weerd: Please state your name and address. Floyd: My name is Christina Floyd. I live at 567 East Brown Bear in Meridian. De Weerd: Do you have comments that you'd like to add? Do you agree with the staff report and the Planning and Zoning recommendations? Floyd: I agree with everything that -- De Weerd: Okay. Council, any questions? Okay. Thank you. This is a Public Hearing. Is there anyone out in the public who would like to testify on this item? Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 3, 2002 Page 19 of 37 Nary: I'd move we close the Public Hearing. Bird: I second it. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Discussion? Okay. I would entertain a motion on Item Number 11. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 02-030, the request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare in an R-8 zone for Christina Floyd by Christina Floyd at 567 East Brown Bear Street. To include all Planning and Zoning, staff comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. De Weerd: Okay. Thank you. The motion is to approve CUP 02-030 with all staff comments. Any further discussion? Okay. Mr. Clerk, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 12. Public Hearing: PP 02-020 Request for Preliminary Plat approval of 19 Salmon building lots and 2 other lots on 6.503 acres in an R-4 zone for Rapids No. 5 by Farwest, LLC – north of East Victory Road and west of South Locust Grove Road: De Weerd: Okay. Item Number 12 is a Public Hearing for a request for Preliminary Plat of approval of 19 building lots and two other lots on 6.50 acres in an R-4 zone for Salmon Rapids No. 5 by Farwest, LLC. We will open with staff comments. Hawkins-Clark: Madam President, Members of the Council, the application here before you is for Salmon Rapids Subdivision Phase Number 5. The property is approximately 6.5 acres in size. It's highlighted there on the screen. It's there at the southwest corner of the existing Salmon Rapids Subdivision. It has already been annexed. It does have an R-4 zone, so they are proposing to plat the property. There is no annexation or conditional use associated with the plat request. It is a 21-lot subdivision that consists of 19 single-family buildings lots and two other lots. The revised subdivision design is revised from the 1998 plat that you saw. On the screen is a copy of the plat that was Meridian City Council December 3, 2002 Page 20 of 37 revised. While I'm thinking of it, if the Council does move on this tonight, the date on the revised plat is November 26, 2002. In terms of changes from the 1998 plat that Marty Goldsmith, the developer, came through with, they have added this stub street to the south and that is a change that they have -- this Commission has reviewed that and approved that location. They also have a common lot storm water retention area here at the end of the cul-de-sac. There is some reorientation of the proposed public streets as well. The topography, as you can maybe see on the screen by some of the contour lines, the property does fall off to the southwest towards Mesa Way and Victory Road fairly dramatically there. The current proposal is to raise the southern portion of the subdivision in order to achieve maximum coverage and slope for the sanitary sewer. Originally, the design would be for it to come through Kachina Estates, which abuts the property to the west, but an easement was not able to be obtained for that sanitary sewer, they were, at this point, bringing in fill and they would gravity to an existing sewer that comes out of Salmon Rapids. That is some of the reason for the revised plat. The Planning and Zoning Commission did meet on the application. They had recommended approval. We had received the comments back from Becky Bowcutt, who is rd representing the applicant in writing. Her comments are dated today, December 3. She does state that they will comply with all of our recommended conditions, with the exception of Item Number 6 and that deals, again, with the -- changing the storm -- the 25 year storm should be changed to 100 year storm, to be consistent with ACHD's plan and staff agrees with that. Thank you. De Weerd: Thank you, Brad. Council, any questions for staff? Okay. Is the applicant or their representative here? Good. I get to swear you in. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: I do. De Weerd: Please state your name and address. Bowcutt: Becky Bowcutt, 1100 East Vali-Hi, Eagle. I'm representing the applicant in this matter. As Brad indicated, this is the fifth phase of a project that started in the -- I believe the mid '90s. When that project came through as a Preliminary Plat, this particular area was south of a lateral that traverses through the Salmon Rapids project. Your sewer service line delineation at that time was that lateral, which I think is the Nine Mile Lateral, or something to that effect. Gary Smith indicated when that project came through that he could allow some of those lots to sewer into the Nine Mile Creek Trunk. However, the 23 remaining lots in that southwest corner would not be allowed. We talked to him over time and we submitted a Preliminary Plat once before, a couple years ago, and we withdrew that application. There was always a question of the capacity of the trunk lines that feed into that -- or the Nine Mile Creek trunk lines and those mains that feed into it. At that time Sherbrooke Hollow, Sherbrooke Village, Thousand Springs, Terra Wood, all of those other projects that come off that trunk were just getting started and so there was question about the capacity. Since that time things have changed, those projects have been -- or most of those projects have been built out in their entirety. We also reduced the number of lots from 23 to 19. We changed the configuration -- that was another area of contention at that time -- in order to make it work with the street configuration that had been drawn up by the engineer at that time, Meridian City Council December 3, 2002 Page 21 of 37 Roylance and Associates, we had to place substantial amounts of fill in the project, somewhere around like eight feet. Gary at that time indicated that that was not acceptable. We kind sat on it and looked at alternatives and I came up with the idea of why don't we just change the configuration of the streets? Instead of running against the contours, we will run with the contours, as you can see, that roadway running diagonally. When we do that, then that minimizes the amount of cut and fill to take place and also helped us substantially with our sewer. Also, by eliminating the four lots also helped us. There are also no stub streets from this project to any of the adjoining projects, so we worked with your staff and the Highway District to put a stub to the south to Kachina Estates. When we went through the Planning and Zoning Commission, one thing that I recommended, because I have worked on hillside projects with the city of Boise, was a Master Grading and Drainage Plan. This particular area will have to be graded, will have some cuts or have some fills. I provided the Planning and Zoning Commission with kind of a quick and dirty concept of what those cuts and fills would consist of. As you can see, here are the contours. These are the existing contours and the darker contours are where we go in and grade. Everything is sloping to this corner, so the impact of these existing lots you see here in gray would be minimal, because they drain this way. What we have to do in Grading and Drainage Plan would be to make sure that any runoff from their normal irrigation would be channeled to an appropriate area and wouldn't just puddle back here. Here we have got about a foot of fill. Here we have got 3.2 feet of fill. We have got five feet of fill over here and then we have got 1.7 and three. I do want to stress this is in concept only. My recommendation to Planning and Zoning Commission and to the Public Works staff, if we have a Master Grading and Drainage Plan that's done by the engineer -- and that's typically not done when we are dealing with a flat piece of property, then that would be filed with the Public Works and the Building Department. We would place a note on the plat that all lots would be subject to that plan and that would include the builders, so we don't have a road builder come in and regrade a lot, so that it drains inappropriately. Everything is going to have to be consistent with the Master Grading and Drainage Plan. Your staff really liked that recommendation and so did the Planning and Zoning Commission and we think it's a good idea. We have explored, as Brad indicated, trying to get out to Mesa Way and get into the Ten Mile Creek Trunk, which does not exist at this time, at least in Victory Road. There are plans for it, but it is not in Victory Road, nor is it in Mesa Way. Also, another thing that's changed, after we tried to obtain easements and weren't successful, was your sewer service map changed and so this area was shown to go back into the Nine Mile Creek Trunk. We are not coming before you asking for deviation at this time from your sewer service boundaries. We want to get this developed. It's been hanging around for years. When I had a neighborhood meeting, some of the neighbors indicated to me that they had problems with kids out there on motorcycles, shooting guns and it just kind of draws people. There are weeds, dust -- it's just become quite a nuisance and that we need to do something about it. One other thing that came up was the issue of this Lot 56 here is a storm drainage lot. They said that their association has been in the red for awhile, so we agreed that with each lot we would set up like an initiation fee, in addition to, obviously, their annual association fee, to help kind of build up that fund without putting any additional burdens upon the association and what areas that they will be maintaining. We also talked about a pressurized irrigation system. They had a supplemental well failure out in this area that was hooked to the pressurized irrigation system that is owned and maintained by Nampa-Meridian. We have been working with Nampa-Meridian and our civil engineers Meridian City Council December 3, 2002 Page 22 of 37 to come up with some ideas. I submitted a letter to Brad Watson this evening from John Anderson at Nampa-Meridian. It's been determined that the best course of action is for the developer to go in and upgrade the panels and the pumps that feed this area. There are multiple subdivisions on this system. That will add capacity to the system and allow Salmon Rapids No. 5 to hook on. The Planning and Zoning Commission wanted to make sure that this did not hook onto the domestic water for pressure irrigation, because the neighbors did testify that they have pressure problems. We believe that will solve that issue and that will be at our expense and not at the expense of the existing residents. Other than Item 6, under B, that needs changed from 25 to 100, we are in agreement with all staff's recommendation and we just basically want to kind of clean this up and finish this project out. Do you have any questions? De Weerd: Becky, on the Drainage Plan, that will be noted on the plat, but who is going to monitor that as those lots develop that -- as they grade -- do the final grade on them, that that plan is followed? Bowcutt: We discussed that, putting a note on the plat, and including language in the covenants, having that on file with the Building Department. We typically don't find that the residents are going to be hauling in a lot of fill material. You know, when they go in and they grade it, contour it, they go in and they will do their landscaping and the critical areas -- the critical areas we found were Lot 51 here. The resident that owns Lot 50 was concerned about their southern boundary and any drainage going this way and then Lot 10 adjoins Lot 1 and we could have some drainage here. All we can do is put notes on the plat, put it in the covenants, list it with the building department, when lots are sold, you know, they have to be aware that there is a grading and drainage plan on file that they -- if they want to come in and build up their backyard, they could not do it. It is what it is. I don't know of any other way to approach it. We have the same thing with hillside subdivisions in the City of Boise. They have to follow that. We just want to make sure we don't have property damage, you know, from the existing residents. That was the big concern and the two -- there were two lots that I saw that could potentially be damaged if they were to come in and put a bunch of fill here that, you know, adversely affected their fence or their landscaping or their drainage. De Weerd: Gary is that something in the final before occupancy is granted that the Building Inspector would look -- would look at? Smith: Madam President, Council Members, we don't really have any way of checking elevations on the grading. I guess we would have to rely on the developer to -- and I'm not sure how they do it in the foothills, Becky. If they have some kind of certification that the engineer does that the Grading Plan is in conformance with what's been approved -- I mean the actual grading is in conformance with what's been proved -- or the grading plan has been approved I should say. We don't have any -- we don't have any way to verify -- physically verify that the grading conforms to the approved plan, other than just, you know, just an eyeball look see. Bird: Well, as long as it's on the Final Plat and in the covenants and everything, if they don't do it right -- and there is no way our Building Inspector can check for grades or anything else -- and something did cause problems. You got all those legal rights to go Meridian City Council December 3, 2002 Page 23 of 37 back on them, as long as it was done in those two areas, I would think. The Counsel can confirm that, but I think that that's a very good plan the way Becky's got it down. Nary: Madam President? De Weerd: Mr. Nary. Nary: We have a Hillside Ordinance in Boise as well and I'm wondering if subsequent to this -- and maybe this being a model, that might be an opportunity to look at an ordinance to also sort of beef up the same thing. To make that a requirement and whether that's a requirement for some sort of certification that the builder has to provide -- something that the builder has to show that they have to be in conformance. That might be another method to be able to assure that these don't change. This is, obviously, nothing that's come up before, but this may be a good opportunity to look at some type of ordinance change that might be of some assistance here. I think what Mrs. Bowcutt is suggesting is the best we can do and I think that's a great way to go about it, but that might be something else we subsequently do is to put some ordinance in place to require that and that way we have another method, I think, as Mr. Bird is saying, to enforce something that isn't done properly. Bowcutt: Madam Chairman, if I could – on Gary's question concerning certification. We do -- from the civil engineers, like if we are using civil and geo-technical engineers, they do have to provide certification, Gary, that the subdivision, prior to any of the homes being built, has been graded -- you know, the contours do match the Grading and Drainage Plan approved by the city. There is a licensed engineer certification of that. Then when it goes to the builder phase, usually on the Site Plan that the builder submits. The contours are shown and the building envelopes are shown on those Building Site Plans, so that the Building Department can see that they are not going in and altering the original grading and drainage that's on there. Then I think the Building Department at Boise City then verifies that somebody doesn't go out there and just start building retaining walls where ever. I mean Mr. Nary may correct me, but I believe that's how they do it there. Now, maybe, since you guys don't, obviously, have a big inspection staff, you know, maybe you could do some certification prior to occupancy, I guess, but it's still matching the plan. I guess that would be the only thing I could come up with. Smith: Madam President and Council Members. Becky, I think that's a great idea that if the architect for the home builder would show the contours on the Site Plan for the home, it would easy, then, for a building official to compare that with the approved Grading Plan. It would be very simple to say that this is in compliance and, of course, then when they go out and do their final inspection, they do look at that grading and they would be able to see that, yes, that is, indeed, what's happened, they haven't done something contrary to what's been approved. I think that's great and I also appreciate your suggestion to develop a Grading Plan for this project. I know that, as you mentioned, that was an issue when it came in some years ago, several years back, but it did have a significant problem in drainage. I think that's a great idea. De Weerd: Yes, I appreciate that. I do know that builders start moving the dirt around and, in particular you think of landscaping, the homeowner doesn't really think that there Meridian City Council December 3, 2002 Page 24 of 37 is a particular plan. Meridian just doesn't have the topography that really would warrant too many exceptions -- or too many plans of this type. It's kind of a special circumstance so that's -- Nary: Madam President? De Weerd: Yes. I think at least we have a model with Boise's hillside we have to follow and I think what does happen mostly with Boise is that when it's a significant change -- I mean if there is a -- you know, if there is a three-foot difference. They probably -- may or may not catch all that. You're exact right, I think most of the ones that are the ones that get caught when they make significant cuts into the hillside and put retaining walls where there weren't any planned. Those are things that really -- that would be noticeable, but with a smaller staff, those are the things that aren't going to get caught, but an ordinance to order support, that I think would be a good way to go. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: Becky, forgive me if I didn't quite understand, but the sewer is adequate for that area of the existing sewer now? Bowcutt: Yes. Yes because it's known. The capacity is known. When we were first talking about bringing this in, they were questioning whether they had capacity beyond what had already been approved in the Preliminary Plat and platted. There is capacity now. Yes. That is my understanding. That is no longer an issue. McCandless: Thanks. Bowcutt: Madam Chairman, as far as the certification, there is nothing in the conditions of approval requesting any engineer certification on the grading, so that would have to be added as a condition. Gary may have a suggestion on that language. De Weerd: Okay. Thank you. Is there anyone else who would like to testify on this application? If you will raise your right hand. Do you promise and affirm that the following testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Pope: I do. De Weerd: Please state your name and address. Pope: Clark Pope, 2705 South Pine Bar Way. I'm the owner of Lot 50 and I -- at the risk of sounding redundant, I just want to go on record that we are real concerned about the drainage issue. We have a basement there and if there is much fill brought in by the developer or later down the road by the homeowner, it could present some real issues for us. I just want to go on record to realize -- to realize that we do have a concern with it. Meridian City Council December 3, 2002 Page 25 of 37 De Weerd: With the discussion that has happened to this point, do you feel comfortable with some of the safeguards that have been suggested? Pope: I think they have done a real good job at the onset. I'm concerned about down the road. I could go in and there is nothing to stop me from filling up my backyard either. That's what I really don't want is somehow that our neighbor would come in and fill that up then we'd start getting the flow into ours and maybe even flood the basement. Bird: Madam President? De Weerd: Mr. Bird. Bird: The statement at this time and what I was going to say earlier is the builder and developer and stuff, I don't have any problem with them. It's the homeowner when he comes in, takes the deal, and wants to do his own landscaping. It -- but, as I understand, if you have that on the plat and in the covenants that you have to stay to it, he might go ahead and do it, but if there is any damages, then he's legally liable. I mean we just went through a little episode, because we didn't have stuff on a plat and if we wouldn't have had it on a plat, we wouldn't have had to go through. I believe I'm right, unless Mr. White here could say, but I think as long as you got that -- we protect the people around. They can do it, but if they do damages, the homeowner, then he's liable for it, as I understand. De Weerd: Mr. White, would you care to respond to that? White: Well, I agree. If it's on the plat and in the restrictive covenants, you can prevent them from doing it. If they do it, you can make them take it out and stay in compliance with the requirements of the plat and the requirements of the restrictive covenants. That is a real live protection, it seems to me, to the other homeowners in the subdivision, and that's true -- that's why we have restrictive covenants and those types of restrictions, so that any person in the subdivision can enforce them. It is true that the city doesn't enforce them, but it is the property owner's right to enforce them. De Weerd: And I think you're going to be the best safeguard is if you see something happen, that you bring that to the attention of the city, if it's during the building phase, or to the homeowners after they have gained occupancy. Pope: Thank you. De Weerd: So I appreciate your comment. Is there any further testimony to be given? Okay. Council? Bird: I have none. De Weerd: I'll entertain a motion to close the Public Hearing. Bird: Madam President, I move that we close Public Hearing PP 02-020 for Salmon Rapids No. 5, Preliminary Plat approval of 13 building lots, and two other lots. Meridian City Council December 3, 2002 Page 26 of 37 McCandless: Second. De Weerd: It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. What is your pleasure on this item? Bird: Madam President? De Weerd: Mr. Bird. Bird: I'll try to go through this. I move that we approve PP 02-020, request for Preliminary Plat approval of 19 building lots and two other lots on 6.503 acres in an R-4 zone for Salmon Rapids No. 5 by Farwest, LLC. North of East Victory Road and west of South Locust Grove and it be noted that the site plan is revised as of November 26, 2002 and that all staff and applicant comments be included. That the Drainage Site Plan be shown on the Final Plat, also that it be noted on the Final Plat and also in the restrictive covenants of this subdivision and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. De Weerd: Okay. It's been a motion to approve the request for Preliminary Plat for Salmon Rapids No. 5 with the noted changes. Any further discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I was just going to add, Mr. Bird, there was some discussion about including in the Master Grading and Drainage Plan language that there be an additional conditional requiring engineering certification of compliance with that. Bird: And also, the 100-year Flood Plan was also part of it -- Nary: Okay. Thank you. Bird: -- from the applicant. De Weerd: Okay. Is that sufficient, Gary? Did you have any comments? No? Okay. Okay. Hearing no further discussion, Mr. Berg, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council December 3, 2002 Page 27 of 37 Item 13. Public Hearing: RZ 02-004 Request for a Rezone of 8.2 acres from R-8 Murdoch Subdivision No. 2 to C-G zones for by Howell Murdoch Development Corporation – west of South Locust Grove Road on East Watertower Street: De Weerd: Okay. Item Number 13 Public Hearing for RZ 02-004, request for a rezone of 8.2 acres from R-8 to a C-G zone for Murdoch Subdivision No. 2 and we will start with staff comments. Hawkins-Clark: Thank you, Madam President, Members of the Council. Murdoch Subdivision No. 2 is located on South Locust Grove Road. The ground is currently platted. This is simply a rezone request. Woodbridge Subdivision is located on the east side of Locust Grove Road. The Meridian Police Department is located on this large parcel here. The rezone request is for these nine -- or is it nine? It's 10 I guess that is 10 lots that are part of Phase 2 in Murdoch Subdivision so they are requesting a rezone that would essentially bring the Murdoch No. 1 to the west into a similar zone. The reason they had to go with the R-8 originally, if you may recall, is the Comprehensive Plan originally showed it as a single family residential and so they had to plat it with the R-8. The Police Department -- the police station as a public -- quasi-public use in our schedule of use control is fine with the R-8 zone. That's an allowed use there in that zone, so they are not under this rezone legal description. The Planning and Zoning Commission has recommended approval of the rezone request. You should have the recommendation before you with the standard rezone conditions. I believe the applicant is in agreement with that, so I will just leave it at that. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Raise your right hand. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the truth, so help you God? Fluke: I do. De Weerd: Please state your name and address. Fluke: Madam Chairman, Members of the Council, thank you very much. Daren Fluke with JUB Engineers. We don't have really anything to add. A lot of you probably remember the history of this application. It was a big rush to get it platted, so that you could begin construction of the police station. Now we are back to getting the appropriate zoning designation on there and we are in agreement with the conditions that the Planning and Zoning Commission recommended. Nothing more to say. De Weerd: Okay. Thank you. Any questions? This is a Public Hearing. Anyone else like to enter testimony? Council, I would entertain a motion to close. Bird: So moved. Meridian City Council December 3, 2002 Page 28 of 37 McCandless: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Okay. Discussion? Or motion? McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve the request for rezone of 8.2 acres from R-8 to C- G zones for Murdoch Subdivision No. 2 by Howell Murdoch Development Corporation, west of South Locust Grove on East Watertower Street. That the attorney draw up the proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the request for a rezone for RZ 02-004. Any further discussion? Okay. Hearing none, Mr. Berg, roll call. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: There is just a couple of items that -- we are getting into the holidays and turkeys will be ordered. I know that Bruce Freckleton usually coordinates the smoked turkeys, if someone would like theirs smoked, you need to get in touch with Bruce. I told Bruce I would raise that today. Regarding the parade on Saturday, we have the go- carts lined up and ready to go. They will be delivered to the park, so it's not like you have to go out, find it, and drive it there. Bird: Do they send a mechanic with it? McCandless: What if the batteries run out? De Weerd: Our families are invited to ride on the fire truck that will drive behind our go- carts. Hopefully behind and not over, so -- and I did want to remind -- I don't know if we will be distributing candy this year. Again, there is concern -- there is no throwing of the candy and it's too bad Chief Bowers isn't here particularly we need to remind the firefighters that you can't throw candy. Bird: We need to remind Chief Worley's Officers not to come and get on me. De Weerd: There is a liability issue and so just a friendly reminder. Our Government Affairs Committee -- or the Chamber's Government Affairs Committee meets Thursday Meridian City Council December 3, 2002 Page 29 of 37 at noon. We hope to maybe discuss a possible date. Mr. Bird is the only one that wasn't there Monday, but we did invite our legislative representatives from Districts 14, 20 and 21 to join the city and the chamber to talk about issues facing the different districts that represent Meridian. Hopefully, we can set a date there and I will let you all know. I did talk with our Representative Tillman, Moyle, and Snodgrass afterwards and, you know, I think this year, as they look at the budget and certainly, at the state sharing, they will be looking for justification and accountability. Certainly, as we looking at our task force to consider a mill levy increase, that's something that we really need to stress for that committee is to independently review and justify what we are doing and come up with a fair recommendation to our tax fares. So -- and I think that will help us in our th efforts to the legislature as well. For the Pre-Council on the 17, we are coming up with a number of items. I know that the sewer trunk line assessment is one of those. Is there anything else pending that specifically needs to be on there? I know that our attorney has given us a response on the Emergency Communications Act Board, the ECAB. Does Council desire to have that as a Pre-Council discussion? th Nary: On the 17? th De Weerd: The 17 is -- Berg: Madam President? De Weerd: Mr. Berg. th Berg: The rough draft that I had for Pre-Council on the 17 included a presentation by Mike Wardle regarding the North Meridian Plan and also discussion of the mill levy. There are a couple questions that you wanted responses back before you start putting this task force together. Those are the two items I had and the Mayor had this trunk th sewer fee update on the 10. De Weerd: Okay. Berg: I don't know how you want to -- De Weerd: Thank you. Do you -- Nary: Well, I have a feeling that with Mr. Wardle it might be tough to start Pre-Council at 6:00 if we are going to talk about the North Meridian Plan, so we may have to consider starting earlier. I do think ECAB would be a good discussion when we have it. I don't know when we need to have some -- I guess some input with the Mayor on that issue. th If the 17 is our only opportunity before January that might be a necessary thing as well. I do know that the Boise City Attorney has requested to come to Pre-Council and the th 17, then, would be the only opportunity, unless we wanted to wait until January. She just wanted to give an update on what's gone on with the prosecution and the police services contract so far and what's happened, how -- you know, some update for us as to how that's going. It's not something that has to be done before the end of the year. We can certainly have that at the end of January. She just requested some time to give an update to City Council. Meridian City Council December 3, 2002 Page 30 of 37 De Weerd: All right. If Council would be opposed if we could wait until the beginning of the year -- at the beginning of the year for that. Bird: I'd agree on that. De Weerd: So an update from the prosecutor on prosecuting services and as far as the ECAB board -- Worley: Madam President, if I could interject just for Council's information, there is an th ECAB board scheduled -- ECAB Board Meeting scheduled for December 10, a week from today, at 1:00 P.M. The Mayor, myself, and Mr. Nichols are planning on attending that to see what the discussion is, as it's continued. Bird: On that ECAB on the discussion that all four of us should be here, so we'd have to th do that on the 17, because Tammy is going to be not here next week. I think it's very important that all four of us are here and get the update on that. th De Weerd: Well, it's a very timely issue, so I think we do need to do it on the 17 and th because of the holidays I think the 17 will be packed, but keeping in mind the next two th weeks will be pretty light, if non-existent, so -- I don't think we need to meet on the 30. Will, do we have a final decision on that? Berg: Madam President, I have been trying to get a hold of Mike Caven’s to get a letter from him that would withdraw his application and just to continue a continuation of the Public Hearing for his project. That was our last instruction to do that and then we thth would not hold meeting on the 30. On the 17, just so that you know what our schedule is for that meeting, the regular Council meeting, we have several public th hearings, but it's only three projects. That's where we are at right now. The 10 is three projects also for Public Hearing. De Weerd: If we can also add, since we will have the trunk line assessment conversation, that also we want to address the Pinnacle Engineers Blackstone, Coral th Creek issue, lift station, and let's go ahead, then, and put the ECAB on the 17 as well. Berg: We'll start at 4:00? Nary: Did we get a raise? I don't recall that. Bird: I definitely think we better start at 5:00. The North Meridian Plan is going to take awhile, I think. There will be questions -- Berg: Jon Wardle has expressed that his presentation would be 20 minutes. The questions back to him is what will determine the length after that. Nary: And Jon Wardle you said? Berg: Excuse me. Mike and Jon will both be there. Meridian City Council December 3, 2002 Page 31 of 37 Bird: We need to give them a full hour and then start our regular one at 6:00, I believe, because -- De Weerd: And, staff, you have had time to -- adequate time to comment back to Jon or Mike on those? Hawkins-Clark: We have not. De Weerd: Okay. Okay. Well, please, feel free to -- for you and your staff members that have an interest to join us and we will just have a good dialogue going at the time, because that's an extremely important plan to our future development. Hawkins-Clark: I don't know if this is the appropriate place -- they have submitted for a Comprehensive Plan Amendment with that, so it's not just the plan, which typically is an 1,100-dollar fee. They have asked for that to be waived. I guess my feeling -- the city has been a stakeholder in this plan, you know, since the beginning. It is a fairly substantial fee. I wasn't comfortable making that decision. That's something that -- and I don't know if that needs to be made in a different forum or not, but I just thought I'd throw that out there. De Weerd: I think we probably should have it on our agenda as well. Hawkins-Clark: At the same meeting? De Weerd: Yes. Hawkins-Clark: Okay. De Weerd: But I appreciate you bringing that up, so -- also I noticed some dialogue going about Sage and membership dues. I would recommend we consider that at the beginning of the year as well and maybe invite them in for a presentation. Will, if you will note that as a Pre-Council item for January. Gary, do you have something? Smith: Madam President, I was just wondering if you or Will could recap agenda items for the Pre-Council Meeting. I have been trying to make some notes, but I'm not sure that I have got them accurately. De Weerd: Okay. Will? Berg: Okay. I will try to make heads or tails of this. My understanding is right now we th don't have anything for the 10, unless you put it on there after your meeting with the th Mayor, because -- because it's -- the 10, the only thing I had was the sewer trunk and th we are not going to have it on there. Whatever else you may have for the 10. I do not th have anything else for the 10 Pre-Council Meeting. De Weerd: Okay. What is your question, Will, on that? Berg: Unless you and the Mayor have some after your meeting this week. Meridian City Council December 3, 2002 Page 32 of 37 De Weerd: Oh. Okay. th Berg: For the 17, I guess we will start with Mike Wardle's presentation at 5:00 and then following that, not necessarily in any order, but we have the mill levy continued discussion, the ECAB board -- ECAB update. The Blackstone, Coral Creek request and then the sewer trunk fee update. De Weerd: Will, why don't we have the Blackstone, Coral Creek at the same time as we th do the trunk line assessment on the 10? th Nary: Yes. I guess I thought we were doing the sewer trunk line on the 10. th Bird: That one on the 10. Berg: Okay. I didn't -- my thought -- because Tammy wasn't going to be here, you wanted -- okay. I'm sorry. Okay. Sorry, Gary. Sewer trunk fee update and Coral th Creek Blackstone request on the 10. Is that correct? De Weerd: Yes. Smith: That's fine. De Weerd: And then following after the beginning of the year we will have discussion on Sage, as well as the prosecuting services. Smith: Madam President? Could I ask a procedural question? De Weerd: You can ask it. Smith: Was it ever the intention of the Council to be able to make decisions during the Pre-Council Meetings, not to include Public Hearings, but other decisions? I was trying to resurrect that from my memory to see if that was faulty or not. Nary: Yes. De Weerd: Yes. You remembered correctly. We do want to have the ability to make decisions at Pre-Council. Smith: Okay and the reason I ask is there is sometimes some of these things that could be -- rather than having to bring them back to a Council Meeting, if we could get them decided at the Pre-Council meeting, then, you know, it may save a week or maybe two weeks. At least we'd get it off our plate and if we could do that that would be great. De Weerd: Yes. Nary: Yes. Smith: Thank you. Meridian City Council December 3, 2002 Page 33 of 37 De Weerd: Mr. Berg. Berg: Madam President, with that follow-up remark, I guess it's important that we have the right description of the issue on our agenda, since we have to notice each and every one of those Pre-Council Meetings as a special meeting. I mean that's important for us, too. Discussion of this letter doesn't really say we are going to make a decision on this letter. You know, if I need to be more exact in the items, then, I need to do that on that noticing, unless we turned around and change our ordinance to start the City Council meetings at 6:00 and just not have any hearings until 7:00. Bird: I like this format. De Weerd: No, I -- Berg: I know you may like this format, but it's a little bit more work for us to get everything done. If we forget to notice it, then you wouldn't have it. I mean that's our -- that's always been my concern. Bird: That's with everything. I mean that's with the Council Meeting and everything else, I mean if you forget to notice it. You're not going to forget to notice it or anything and if it does once -- I mean how many decisions have we made? We just set this up. As I understood Mr. Nichols, when we set this up we made the way that we could pass on something. Not a Public Hearing, not anything like that, but if something come up, we could vote on it, because it's noticed as a public meeting. Am I not right? That's the way I understand this Pre-Council. De Weerd: Well -- and keep in mind, you know, in particular, the thing from Pinnacle Engineers, that that would most likely pend an action -- have a pending action. You know, just make sure, in particular on that item, those that we anticipate there could be an action done, that you phrase it however you legally need to phrase it. Berg: There is nothing in our ordinance that talks about Pre-Council Meetings. Those are special meetings. That's all they are so however we notice them is how we deal with them. Nary: Well, we are currently noticing them now and so I think maybe just what we are saying, Will, is if it needs some clarity from the departments as well. If there is a potential decision to be made, then that should be adequate, I think, notice in the agenda to list potential possible decision or something like that. I think that will be okay, wouldn't you say? De Weerd: Possible action. Nary: Or possible action to follow. Berg: We can word it in such a way -- there is a lot of things -- the beginning of this was the Pre-Council was to take the place of the workshop to discuss items, so that you -- since you don't have any other time to discuss items. Meridian City Council December 3, 2002 Page 34 of 37 Nary: We just didn't want to be stifled by the fact that we couldn't make a decision, we had to set it over another week for the later meeting to try to make a decision on something. So -- but I think if we do that -- and we can always amend the agenda at the beginning of the meeting to reflect that we may be making a decision if we find that out after it's public. That again -- and they would again just need to know it. De Weerd: Okay. Are there any other items of business? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we adjourn. McCandless: Second. Nary: I was just thinking it would have taken an hour longer without the Mayor than with me here. I don't know why. Bird: You know, that's -- I can't figure it out. Last week we were done and, you know -- I wasn't going to blame you, though, Bill. De Weerd: There is a motion to adjourn and a second. All those in favor say aye. MOTION CARRIED: ALL AYES De Weerd: Meeting adjourned at 8:50. MEETING ADJOURNED AT 8:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK