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HomeMy WebLinkAbout2002 12-17 Meridian City Council Meeting December 17, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, December 17, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Keith Bird, Cherie McCandless, and Tammy de Weerd. Others Present: William Nichols, Brad Hawkins-Clark, Ken Bowers, Gary Smith, Dean Willis, and Will Berg. Item 1. Roll-call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird ___X__ Mayor Robert Corrie Corrie: Okay. I will open the City of Meridian City Council Regular Meeting on Tuesday, December 17, 2002, at 7:00 in the City Council Chambers. Our first item is roll call attendance so, Mr. Berg, would you do that, please? Item 2. Adoption of the Agenda: Corrie: Okay the second item is the adoption of the agenda. Council, do you have any additions or corrections to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Would you like me to do the Consent changes? Corrie: Yes that would be fine. Bird: Okay Items on the Consent Agenda E, F, and G we need to move to 5-E, 5-F and F-G and -- or 5-F and 5-G on the Regular Agenda. Item I, we need to move that to 5-I, and Item K, we need to move to 5-K. I believe, as far as I know, unless Council has anymore, I believe that is all the changes we have. If so, I would make a motion we adopt the agenda with the noted changes. De Weerd: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll call -- oh, all right. I'm sorry. Those are the changes. All in favor of the changes in the agenda say aye. Opposed no. Approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: Meridian City Council Meeting December 17, 2002 Page 2 of 53 A. November 26, 2002 Approve minutes of Pre-Council Meeting: B. December 3, 2002 Approve minutes of City Council Regular Meeting: C. December 10, 2002 Approve minutes of City Council Regular Meeting: D. Tabled from November 19, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development – northeast corner of North Ten Mile Road and West Ustick Road: H. Findings of Fact and Conclusions of Law for Approval: RZ 02- 003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church – 2511 West Cherry Lane: J. Findings of Fact and Conclusions of Law for Approval: CUP 02-030 Request for a Conditional Use Permit to care for one to two additional children after school in an existing family home daycare Christina Floyd in an R-8 zone for by Christina Floyd – 567 East Brown Bear Street: L. Findings of Fact and Conclusions of Law for Approval: RZ 02- 004 Request for a 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 Road on East Watertower Street: M. Award of Contract, Waste Water Treatment Plant Dissolved Air Flotation Thickener Project: N. Borup Property Purchase Agreement and Option to Purchase Agreement: O. Finance Report: Corrie: Now we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting December 17, 2002 Page 3 of 53 Bird: I would move that we approve the Consent Agenda with the aforementioned changes of moving Items E, F and G, I and K, to the Regular Agenda to 5-E, F, G, I and K, and for the Mayor to sign and the Clerk to attest on any papers that need to be done. With that I would move to approve the Consent Agenda. De Weerd: Second. Corrie: Motion has been made and seconded any further discussion? Okay roll call vote, excuse me, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4, Department Reports. Do we have any Department Reports at this point? Item 5. (Items Moved from Consent Agenda) E. Tabled from December 3, 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: F. Tabled from December 3, 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: G. Tabled from December 3, 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: Corrie: Okay Item Number 5 is items moved from the Consent Agenda. We have E, F, and G that was given to us for Lochsa Falls. I believe the attorney, Mr. Nichols, you wanted to -- Meridian City Council Meeting December 17, 2002 Page 4 of 53 Nichols: Mr. Mayor, Members of the Council, Becky Bowcutt, who has been the Developer's Representative, made a verbal request of Mr. Hawkins-Clark that the items th be pulled to January 7, because of some final changes that have been made and questions about whether they had adequate time to review them. Mr. Martin, who is one of the owners and associated with the development, is here and has asked that we -- you consider approving these findings subject to them being able to review them and if they disagree with the findings, that, then, we come back and look at them again. I think we have made the changes that the city believes were within your approval and we have made some changes that they requested regarding the identity of the owners of some of the property and some of that stuff. We just got the last changes late last week and so they have not really had adequate time to look at it. It's my opinion that th they are ready to go and so this way they wouldn't have to wait until the 7 of January to be able to begin their Final Plat process. I would ask that you conditionally approve these, with the understanding that if the applicant or the applicant's representative th notifies the Clerk within one week, that we will visit these again on the 7. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that, I would conditionally move that we approve Findings of Facts and Conclusions of Law on the request for annexation and zoning of 354.38 acres from RUT to R-4 zones for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson that the applicant has one week to review the Findings and get back to the Clerk and if he does have problems, we will take this up January 7, 2003. Corrie: Okay. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay let the record show that they are approved with conditions for one week. That was for E, F, and G. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: Got to do them one at a time. Corrie: I was going to say -- that's okay. F. Item F, Findings of Facts on the request for Preliminary Plat. Mr. Bird. Bird: Mr. Mayor, I would move that we conditionally approve the Findings of Facts and Conclusions of Law for approval of PP 02-009, request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Meridian City Council Meeting December 17, 2002 Page 5 of 53 Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, and that the applicant has one week to look over the Findings. If they do not agree with them, to get back in writing back to the City Clerk, and if he does, then, we will move this to January 7, 2003, and if there are no problems, we will have it approved. McCandless: Second. Corrie: Motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: I will entertain a motion on the Conclusions of Law for the request for Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we conditionally approve the Findings of Facts and Conclusions of Law for approval of CUP 02-012, request for a Conditional Use Permit for a PUD of 862 single-family dwellings and 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson. The applicant has one week from today to -- if they have any disagreement with the Findings of Facts and Conclusions of Law to respond in writing to the City Clerk. If so, this will be tabled to January 7, 2003. If not, we will approve it. McCandless: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT I. Findings of Fact and Conclusions of Law for Approval: 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- Cherry Lane Christian Church O zone for by Cherry Lane Christian Church – 2511 West Cherry Lane: Meridian City Council Meeting December 17, 2002 Page 6 of 53 Corrie: Okay Item Number 5-I, the Cherry Lane Christian Church Conditional Use Permit for a preschool and school. This is for the changes in the Findings. Nichols: Mr. Mayor, Members of the Council, you have before you a letter dated December 16, 2002, from the Cherry Lane Christian Church, asking for changes in Item 2 on CUP Findings on Item 3. That was the one meeting I wasn't at, so I ask that this be pulled to the Regular Agenda, so you could review their request, to see if you agree with those. If you do, then, just direct me accordingly and we will revise the Findings. Corrie: Thank you. Council? Bird: Does staff -- I understand the reason for that, but I'd like to -- Corrie: Okay. Brad? Hawkins-Clark: Mr. Mayor -- are we on? There we go. Thank you. Mr. Mayor, Mr. Bird, I did review those two items and staff is in agreement. Corrie: Any other -- Council, any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for approval of a Conditional Use Permit for a preschool and school for the Cherry Lane Christian Church, with the proposed changes from the letter dated December 6, 2002, and to have the Mayor sign and the Clerk to attest. Bird: Second. Corrie: Okay motion has been made and seconded any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Request for Conditional Use Permit changes approved. MOTION CARRIED: THREE AYES, ONE ABSENT K. Findings of Fact and Conclusions of Law for Approval: PP 02- 020 Request for Preliminary Plat approval of 19 building lots and 2 Salmon Rapids No. 5 other lots on 6.503 acres in an R-4 zone for by Farwest, LLC – north of East Victory Road and west of South Locust Grove Road: Corrie: Item Number K, Salmon Rapids No. 5 Mr. Nichols. Meridian City Council Meeting December 17, 2002 Page 7 of 53 Nichols: Mr. Mayor, Members of the Council, you have in front of you a memo from th Brad Hawkins-Clark, dated December 17, that asks for a portion of the order on Salmon Rapids to be revised, which adds an additional condition regarding drainage, the Grading and Drainage Plan. If it's your desire to add that, I need you to so direct and we will revise the Findings accordingly. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Since I made the original motion, I would move that we direct the attorney to add Page 5, the new number A-8, following condition prior to issuance of Building Permits for any new dwelling units. A licensed engineer shall certify compliance with the approved Master Grading and Drainage Plan for this subdivision and I know the applicant was in agreement with that. We missed it in my motion last week, so I would move that we approve that with that new wording in that. De Weerd: Second. Corrie: Okay motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay motion is passed with the condition. That takes care of the items moved for Consent Agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Ordinance No. : Tree / Forestry Ordinance : Corrie: So Item Number 6 is an Ordinance Number 02-990, which is a Tree/Forestry Ordinance. At this time, I will ask the City Clerk to read the Ordinance Number 02-990 by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-990, an Ordinance of the City of Meridian enacting a new Title 13 Parks of the Meridian City Code providing for a chapter to be known as the Meridian Forestry Ordinance, providing for definitions, findings, statement of purpose, justification, establishment and duties of the city arborist and interference with city arborist unlawful, responsibility of adjacent property owners, permits, damaging, destroying, or mutilating public trees, compensatory payments, penalties for violation, public nuisances or hazard trees, abatement of public nuisances or hazard trees, licensing of tree and landscape services, appeals, severability, conflict, validity, savings clause and providing for an effective date. Corrie: Thank you. Is there anyone from the audience that would like to have the ordinance read in its entirety? It's going to be -- either a short night or a long night. Hearing none, I will entertain a motion on Ordinance Number 02-990. Meridian City Council Meeting December 17, 2002 Page 8 of 53 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-990 for Tree/Forestry Ordinance and to have the Mayor sign and the Clerk to attest, with suspension of rules, pursuant to Idaho State Code. Bird: Second. Corrie: Okay motion has been made and seconded to approve Ordinance Number 02- 990, with suspension of rules. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. One absent. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Ordinance No. : Amended Floodplain Ordinance: Corrie: Item Number 7 is Ordinance Number 02-991. This is an amended Floodplain Ordinance. At this time I'd like to have, the City Clerk read the title only of the ordinance, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-991 an ordinance of the City of Meridian amending Ordinance Number 01-928, pertaining to the flood damage prevention amending Section 10-6-2, Definitions - lowest floor by the addition and elimination of words within the definition, and amending Section 10-6-5 A. 1. a. and 10-6-5 A. 2. a. and c., provisions for flood hazard reduction - anchoring, construction materials and methods, by the addition and elimination of words within those sections, and by the addition of a new Subsection 10-6-5 A. 6., crawlspaces; and by amending Section 10-6-5 B. 1. a. and b., provisions for flood hazard reduction - specific standards - residential construction by the addition and/or elimination of words within those sections; and providing an effective date. Corrie: You have heard the reading of Ordinance 02-991, the amended Floodplain Ordinance. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion, then, on Ordinance Number 02-991. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting December 17, 2002 Page 9 of 53 Bird: I would move we approve Ordinance Number 02-991, the amended Floodplain Ordinance, with the suspension of rules, and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay Ordinance Number 02-991 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Ordinance No. : Adopting the 2000 International Building Code: Item 9. Ordinance No. : Adopting the 2000 International Mechanical Code and Fuel Gas Code: Corrie: Number 8 is an Ordinance on the International Building Code, adopting the 2000 International Building Code. Before I assign a number, is there any discussion that you would like? Mr. Bird. Bird: Mr. Mayor, I will let Mr. Nichols read the State Statute that says that we have to pass this, but it doesn’t say, what happens if we don't pass it. I don't know how they can demand that you pass a certain thing, if they are not -- if they are not going to give you money or something like that. I mean if there was money attached or we was doing a bunch of paid federal funding, I could understand it, but -- and I'm not saying this code isn't 100 percent right -- or isn't right. I hate to pass anything that we haven't had a chance to look at and I have some real concerns on their energy source -- their energy codes that is, I believe, hurting builders out there very hard and in the long run it's hurting the consumers. Anyway, I will turn it over to Mr. Nichols and, then, the rest of the Council can decide. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, let me read from a few provisions under Idaho Code. These are statutes that were passed in the last legislative session. The first is Idaho Code 39-4101, which is legislative finding and intent. Subsection 1 reads uniformity in Building Codes and uniformity in procedures for enforcing Building Safety Codes throughout the state are matters of statewide concern. Interest in the uniformity of intent, elimination of absolute restricting, conflicting, duplicating or unnecessary regulations and requirements, which could unnecessarily increase construction costs or require the use of new materials or methods of installation and provide unwarranted preferential treatment to types of classes and materials and products or methods of construction. Section 2 reads it is the intent of the legislature to promote the health, safety, and welfare of the occupants or users of buildings and structures, such as in this Meridian City Council Meeting December 17, 2002 Page 10 of 53 chapter. Require minimum performance standards and requirements for construction and construction materials consistent with accepted standards of engineering, fire safety, life safety, and accessibility to those with disabilities. Establish for jurisdictions, enforcing Building Codes pursuant this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards, permit the use of modern technical methods, devices, and improvements and clarify and establish roles of the various jurisdictions subject to this chapter. In Idaho Code 39-4116, it says in Subsection 2, by January 1, 2003, local governments that issue Building Permits and perform Building Code Enforcement activities shall, by ordinance, adopt the following code published by the International Code Council and as adopted by the state or by the Idaho Building Code Board. A, the International Building Code, including all rules promulgated by the board to provide equivalency with the provisions with the Americans with Disability Act, accessibility guidelines in the Federal Fair Housing Act and Accessibility Guidelines. B, International Residential Code, Parts 1 through 4 and 9 and, C, International Energy Conservation Code. Local governments are not required by this chapter to adopt the other reference codes in the International Building Code. Those are the ones that are to be adopted by January 1, 2003, under the Statutes. There is also another provision that says local governments can amend the ordinance, provided that the amendment establishes at least an equivalent level of protection to that of the adopted Building Code so that's what the Statute says. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: It still doesn’t give us any penalties. Gary, what are we working under now Building code. Smith: Mr. Mayor, Councilman Bird, I think it's the 1997. I'm not absolutely sure of that. Bird: '97 or '98? Smith: '97, I think it is. Bird: Another thing it said in one of those things he read there was, you know, to be nationally conformatory. Well, Boise -- this area is -- it don't conform -- don't conform with other areas. We have one of the longest -- or farthest degree temperature ranges there is that. That affects building. I mean we can be 20 below and 105 above in one year's time. I mean if you're on the coast it's -- it can be between 40 and 80. If you're in California, it's the same way. I'll leave it up to the other Council. I just -- I don't see -- they are telling us we have to pass the code, but I don't -- I personally don't know what the code says. Do you? Smith: No, Councilman Bird, I don't. Bird: I've never seen it and they are telling us we have to pass it. Meridian City Council Meeting December 17, 2002 Page 11 of 53 Smith: We have copies of it at the Building Department. I've had the Building Inspectors go through the code and I haven't had any reports from them, other than the one exception, they -- our building official has requested was to exclude the energy conservation portion of it for agricultural buildings. I believe that was the only exception that he had recommended, if my memory serves me correctly. Bird: To my knowledge, this is the first time we have passed a code like this without going before it -- or without the Council seeing it. Maybe the other Council has seen it. I haven't. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We did get a copy of the Electrical Code -- Bird: That's another -- De Weerd: I guess my concern is Councilman Bird is raising a particular situation. We haven't had a Public Hearing and how often do we pass an ordinance without having a Public Hearing. Maybe hearing some of these, concerns and now we have it the last meeting of the year and we have to pass it by the end of the year, we don't really have - - we are kind of caught between a rock and a hard spot. I guess we can always go back and amend it. I am concerned that we are not operating under a current code and we should be. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Where does it say -- we are operating under -- this was drafted by the legislature to take care of small towns that didn't have any Building Enforcement Codes, so they just included everybody. We are working under a Building Code. Smith: Mayor and Councilman Bird, Mayor and Council, it was my understanding that they are operating more or less under the International Code, just because it was coming, that it's being adopted by other entities. It is a requirement by State Statute that we adopt it and so our inspectors in the building and the mechanical -- and the mechanical inspectors are -- or not sure I got the right name -- Mechanical Contractors Association, they have had -- they hold monthly meetings at our conference room and talk about codes, and requirements. I know this International Code has been a subject of much discussion amongst that group and Rod Medley, who is our Mechanical Inspector, is heavily involved in that little association. Bird: We have no problem with that. That's the next one coming up but they have given us an outline of that one. We don't -- I have not seen this one. Tammy is right, we never passed a code like this. Every code that -- since I have been on here, when we passed a code, we have a Public Hearing. You're affecting a lot of people. You're Meridian City Council Meeting December 17, 2002 Page 12 of 53 affecting the consumer, the builder, the developer, the architect, the engineer, and subcontractors -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess when we had an item on Pre-Council regarding the Electrical Code and updating it. It was -- it was discussed at that time that we wanted to do it, along with the International Building Code. Also look at fees and that a Public Hearing would be held, so this did catch me by surprise it was on our agenda, because we haven't had the Public Hearing. I thought it would be concurrent with the fee increases so, you know, I don't know what changed that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Mr. Nichols, if we don't pass it by January 1, 2003, we can't issue Building Permits? Nichols: Councilman Bird, Mayor, Members of the Council, I don't know the answer to your question. Bird: I don't see in that -- I don't see in that state thing any penalty at all. Nichols: Well, Mr. Mayor, Members of the Council, there may be an additional Statute in this section that says such. I'm just reading from some appendices. We have been working on trying to get these International Codes -- how we are going word an ordinance or what amendments or exceptions to it. We have been working with staff to try to get that done and so -- and I apologize that we didn't get it done in time for you to have better opportunity to look at it, but this isn't the only city where that's occurred. Nampa passed theirs last night. I just -- it was our requirement to bring it before you in time to have it done. Now, typically, you have more than three meetings. I mean you have -- potentially have two more this month and, of course, Christmas Eve and New Years Eve are the dates for the meetings. It's just one of those things and Gary has been working with me to try to get these things reviewed by the Building Inspectors, Mr. Whitman and others. That Electrical Code isn't before you, because it wasn't mandated by State Statute that it had to be adopted by the end of the year. When we are talking about Public Hearings, it was my impression we were talking about a Public Hearing because the fees would be increased more than five percent and, therefore, we were mandated to have a hearing. I didn't anticipate, obviously, this issue, because I know that the Clerk had sent out and materials had been received from AIC to all of us in terms of these Building Code adoptions probably more than a month ago. It's your -- whatever you direct us to do. If you direct us to hold it and see what it is, if you want me to go see if there is an additional Statute, we can put this at the end of the agenda and we can take a break. Mr. Berg and I can look at additional State Statutes in this particular title and chapter of the State Codes to see if they are penalties for failure to adopt, so you have that information. We can do that. Meridian City Council Meeting December 17, 2002 Page 13 of 53 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't know, I just -- I have a real problem and I don't know how Cherie and Tammy feel, but I have a real problem adopting an ordinance when I haven't even read the code. I mean they may have something in there that turns this community upside down on their head. I doubt if they do, but you know, you never know. I'll do whatever the other two want to do. Corrie: That kind of puts us between a rock and a hard place. It's a State Statute that we have to follow. We said we would follow the state law and here we are talking about not following a state law that we haven't seen. That kind of puts us in a Catch-22 here. I don't know whether I would feel very comfortable by not signing the ordinance, because it states in the state law that you have to. I think it might be a good idea to have the City Attorney and City Clerk take a look at that and put this to the last, delay it, and see what kind of -- we do have an ordinance, but I'm hesitant to not follow the law. Bird: I agree with you on that, Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, I would recommend that we table 8 and 9 until the end of the agenda and also ask that the attorney look if we adopt the code this evening. If we can revisit a portion of it and look at amending it at a later date or a date specific to take it up to request testimony and further input into certain sections. I would move that we move Items 8 and 9 to the end of the agenda to follow Item Number 17. Bird: I will second that. Corrie: Okay motion has been made and seconded to table the Item 8 and 9 and place it on Item Number 18, which is after the water, sewer, and trash delinquencies. Any further discussion? Okay all those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Ordinance No. : AZ 02-025 Request for Betty annexation and zoning of 6.24 acres from RUT to C-N zones for Lou Britton by Betty Lou Britton – 3680 West Ustick Road: Corrie: We will move down to Ordinance Number 02-992, request for annexation and zoning of 6.24 acres from RUT to C-N zone for Betty Lou Britton by Betty Lou Britton, 3680 West Ustick Road. At this time, then, I would like to have the City Clerk read Ordinance Number 02-992 by title only. Meridian City Council Meeting December 17, 2002 Page 14 of 53 Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-992 an Ordinance finding that certain land to be known as the Betty Lou Britton property, located on the north side of Ustick Road, west of Ten Mile Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Betty Lou Britton 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 Neighborhood Business District (C-N) and declaring that said land, by proper legal description 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 area to be annexed to Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 02-992. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion on the ordinance. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approved Ordinance Number 02-992, request for annexation and zoning of 6.24 acres from RUT to C-N zone for Betty Lou Britton by Betty Lou Britton and for the Mayor to sign and the Clerk to attest and with suspension of rules. Corrie: Okay. Do I hear a second? De Weerd: Second. Corrie: Second is made for Ordinance Number 02-992. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: Okay the ordinance is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. FP 02-028 Request for Final Plat approval of 9 building lots and 4 other Drawbridge Subdivision lots on 4.72 acres in an R-3 zone for by Pinnacle Engineers, Inc. – 4365 North Ten Mile Road : Corrie: Item Number 11 is a request for Final Plat approval of nine building lots and four other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision by Pinnacle Engineers, Inc., 4365 North Ten Mile Road. At this time, I will have staff comments, please. Meridian City Council Meeting December 17, 2002 Page 15 of 53 Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The item here was th approved for annexation at your November 6 hearing, as was the Preliminary Plat. The parcel is 4.72 acres. It was approved with an R-3 zone. It's directly across from the Bridgetower Crossing Subdivision there on the west side of Ten Mile Road. Here on the screen is their proposed Final Plat. Staff has reviewed the Final Plat application. It is in conformance with their Preliminary Plat that you approved. You have a report th dated December 10 from Dave McKinnon and Bruce Freckleton that does propose some standard conditions for Final Plat. It is a large lot subdivision that the density is about 1.9 dwelling units per acre. There is a public street there, as you can see, that's coming through the middle of the project. They have a storm water lot here on the very northwest corner. They have provided the adequate turn arounds for emergency vehicles. That was an amendment to their Preliminary Plat. There is a private lane that courses the south boundary of the plat. The common lot was also added here in the very south -- southwest corner to provide room for that private street and curb there, so staff is recommending approval of the Final Plat with our proposed conditions on th December 10. Thanks. Corrie: Okay any questions of staff, Council? Bird: I have none. Corrie: Is the representative of Pinnacle here? State your name and address, please. Boyle: Mayor and Council Members, Clint Boyle with Pinnacle Engineers, 12552 Executive Drive. Staff did a great job presenting the project. The comments were fairly straightforward from the staff. We agree with all the conditions that they have outlined in their report. The only thing that I'm -- that's unfortunate out of all this is last year around this time I was wearing my Santa hat, but I couldn't find it this year and so I apologize for that. With that said, I would certainly request your approval of this, appreciate your staff, and help that they have provided on the project. Thank you. Corrie: Council have any questions of Santa? Okay. Thank you very much. With that, I will entertain a motion on the request for the Final Plat approval of Drawbridge Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of nine building lots and four other lots on 4.72 acres in an R-3 zone for Drawbridge Subdivision. To include all staff th comments from the memorandum dated December 10 by David McKinnon and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay the motion is to request Final Plat approval by the motion. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting December 17, 2002 Page 16 of 53 Roll Call: McCandless, aye; Nary, absent; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Continued Public Hearing from November 26, 2002: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Corrie: Item Number 12 is a Continued Public Hearing on the Comprehensive Plan Text Amendment regarding the Urban Services Policies in the 2002 Comprehensive Plan. It has been requested that we continue this Public Hearing by our staff until January 28, 2003. Is there anyone from the public now that cannot be there or would like to testify at this point now? This still is a Continued Public Hearing and we will continue it again if the Council so desires. Staff comments? Hawkins-Clark: I have none, Mayor just other than what I had submitted through the memo. Thank you. Corrie: Council, any objection to continuing the Public Hearing? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, will this allow -- I understand that you will be writing that and, then, it will go in front of the board to these various groups? Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, that's correct. Unless the Council would prefer to provide guidance for this process, but, essentially, what we were going to include in our draft -- the main two items, if you've read the materials, is for development in the area of impact outside the city limits. We were going to add the issue that there would be an irrevocable consent to annex that would be attached to the deeds of all development that is in Ada County that receives city services, but is not annexable. That would be the proposed policy change that would be added. Then, there needs to be some work done on how park impact fees would be collected from such developments as well and that would be also discussed. What I heard from the Council last time was to, essentially, move -- get the input and sign-off of the boards of Ada County Association of Realtors and BCA, so that you can see the proposed language that those private industry groups have reviewed. They only meet once a month, so -- De Weerd: I did not know what the outcome of that meeting was, other than staff felt comfortable with it and so did the other participants. I guess I'm the one that really likes the language in the old Comp Plan, because -- and in talking to Commissioner Kingsford, again, just the other day, I do know, in particular on several of the applications, that we had a high degree of concern about when the city recommended Meridian City Council Meeting December 17, 2002 Page 17 of 53 denial. The whole reason they were able to deny that application -- those two applications was because of the language we had in it specifically and so this has major ramifications for growth in our area of impact that are not contiguous to our city that I have very grave concerns about as well. This is the first time I have really heard what the agreed upon language was kind of going towards and I'm not too sure I agree with it, but I'll wait and see what the language is that comes in front of us and discuss it, then. It might even be helpful to ask the input from Ada County on -- I do know they will allow development in our area of impact at the -- at the densities that are noted in our Comprehensive Plan, whether it's contiguous or not. If it's in our Comprehensive Plan and it's in our area of impact, unless we have specific language that cites certain requirements and being connected to municipal services was that phrase that really gave them leverage to do something. I will just note my concern. Corrie: If I remember, Brad, those two organizations didn't want any changes that we had is that correct or am I thinking of somebody else? Did they testify that they didn't want a different change? Hawkins-Clark: Mr. Mayor, at the meeting that we had that -- I believe you're right, that they are certainly comfortable with the current August 2002 Comprehensive Plan language, which does say that the city may consider these types of developments. It doesn't really provide much further guidance than that, but I think they were also in agreement with these other two issues. I -- they would certainly be acceptable of it staying as it was, but since the Council had requested that we meet and talk over some other issues, then, that's where these came up. Corrie: Mrs. de Weerd makes a good point, so we don't know what -- any other discussion? Let the record show that Mr. Nary is back with us in the meeting. If there aren’t any other comments, I will entertain a motion to continue the Public Hearing on the Urban Services Policies until January 28, 2003. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we continue the Public Hearing on the Comprehensive Plan Text Amendment regarding Urban Services Policies in the 2002 Comprehensive Plan to January 28, 2003. Bird: Second. Corrie: Motion has been made and seconded to continue the Public Hearing for the Urban Services Policies until January the 28, 2003, recommended by staff. Any further discussion? Hearing none, all those in favor of the motion say aye. Motion carried. Thank you. MOTION CARRIED: ALL AYES Item 13. Public Hearing: RZ 02-005 Request for a Rezone of 0.8 acres from L-O Angel Park Development to C-G zones for by Farmers and Merchants Meridian City Council Meeting December 17, 2002 Page 18 of 53 State Bank – northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road: Corrie: Item Number 13 is a Public Hearing. This is a request for a rezone of .08 acres from an L-O to C-G zones for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue, west of North Eagle Road. At this time, will open the Public Hearing and we will invite staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, this rezone request is for this triangular shaped piece of property at the corner of East Fairview and Hickory. Its surrounding properties are Capital Christian Center on this large property to the north and east. Louie's Restaurant currently sits to the west. There is a commercial car wash that is zoned Light Industrial here on the south side of the Fairview. The map on the screen doesn't really adequately show. There was a rezone of the Louise's piece that is not outlined on this screen to a C-G, Commercial General Zone. That was done in 2001. All of this property was originally annexed in 1992 and it was given the Limited Office zone at that time, which is the most appropriate zone for the church. The applicant is now proposing that the property be developed for a more commercial type use, kind of trying to remarket the property at this time. They have proposed a C-G zone. The Comprehensive Plan was changed to show commercial at this area, so it does now comply with the Comprehensive Plan. There certainly are some commercial uses in that zone that would probably not be too compatible for Fairview, but given the size of the property, just .8 acres, most of those more intensive uses are not feasible to really develop on a parcel that size, particularly when they are going to have the required landscape buffers to deal with. The Planning and Zoning Commission did recommend approval of the rezone request. There are six conditions of approval that are there in the recommendation to you. Most of those are pretty standard. My understanding is we have not received anything in writing in response from the applicant to the recommendation, so I believe they are in agreement with those. Thank you. Corrie: Any questions from Council? Okay. Since this is a Public Hearing, I would invite the applicant to come forward tonight, if they are here. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Toney: It is. Corrie: Name and address, please, for the record. Toney: Richard Toney, 4128 Adams Street in Boise. Mr. Mayor and Council I don't really have any comments to make, other than just to request the approval and to answer any questions that anybody might have. Corrie: Have you seen the requirements and the conditions? Toney: I have. Corrie: And you agree with all of those? Meridian City Council Meeting December 17, 2002 Page 19 of 53 Toney: We do. Corrie: Council, questions? De Weerd: I have none. Bird: I have none. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Have you had conversations with the church about the rezone and have they provided any input? I notice that there wasn't -- Toney: They don't have any problem with the rezone. Nary: Thank you. Corrie: Thank you. De Weerd: I like your tie. Corrie: Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, any further discussion for the Public Hearing? De Weerd: I have none. Bird: I have none, Mayor. Corrie: Okay. If there is none, I'll entertain a motion to close the Public Hearing on Item No. 13, Angel Park Development. De Weerd: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Hearing none, I will entertain a motion on the request for the rezone. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting December 17, 2002 Page 20 of 53 Bird: I would move that we have approve the rezone of .08 acres from L-O to C-G for Angel Park Development by Farmers and Merchants State Bank, northwest corner of North Hickory Way and East Fairview Avenue and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the rezone and have the attorney draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Thank you. Approved. MOTION CARRIED: ALL AYES Item 14. Public Hearing: CUP 02-034 Request for a Conditional Use Permit for a Treasure Valley Pediatric Clinic on 1.22 acres in an L-O zone for Pediatrics by Treasure Valley Pediatrics – Between South Locust Grove Road and South Eagle Road on the southeast corner of East Overland Road and South Celebration Avenue: Corrie: Item Number 14 is a Public Hearing. This is a request for a Conditional Use Permit for a pediatric clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics by Treasure Valley Pediatrics, between South Locust Grove Road and South Eagle Road, on the southeast corner of East Overland Road and South Celebration Avenue. At this time, I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Gary is just handing to you some revised recommendations. The recommendations that were passed out prior to this hearing somehow got kind of confused with some other projects. It was -- we will just blame it on the Christmas scrooge bug in the computers or something. It was confused so this that you're receiving right now should be a correct version of the recommendation. I did hand out a copy of that revised recommendation to the applicant earlier this evening. The request is for a Conditional Use Permit for a pediatric clinic on East Overland Road. The lot that they are proposing to construct on this is within the Resolution Subdivision, which was, as you recall, part of the Magic -- or Mountain View High School is just to the south of this lot. The Development Agreement that was approved with Resolution did require a Conditional Use. They didn't have any uses at the time that Resolution was annexed and zoned and platted, so the condition -- and Council did require Conditional Uses for all future uses at that time. That's pretty much the sole reason for a Conditional Use in this case. Here on the screen is generally the plan. They have -- the applicant has submitted a revised Site Plan that you should have received dated December 2, 2002. That's the amended date of the drawing that was submitted by GVA Architects. That does reflect a couple of minor changes to this, but, generally, what they have proposed is to single access off of Celebration Avenue that comes off of East Overland Road into their parking area. They do have their building Meridian City Council Meeting December 17, 2002 Page 21 of 53 moved fairly close to Overland Road with the parking on the south side. The building itself is approximately 8,200 square feet. They do have an entry feature. The main issue that Planning and Zoning Commission dealt with was simply an addition of a -- they had originally 13 parking stalls on the southbound and that was amended to just have 12, since the Landscape Ordinance does require no more than 12 parking spaces in a row. I think with that and the recommendation that I just handed out to you, it should reflect the conditions that the Planning and Zoning Commission approved. They do have the -- half of this lot is proposed to just be left undeveloped right now. The owner is just looking at developing this western half. We have added conditions that, obviously, they have to keep this maintained free of weeds and mosquito infestations other things that might occur there, since there is no construction or development, and they simply -- it is a single lot right now. They would be required to re-subdivide this if they wanted separate ownership or provide a Planned Development Application to us to get two buildings on a single lot. That's also a condition of this application. I believe all the other standard comments are there. We did also just receive an item, which you should have packets, it's the comments from Bill Gregory at the SFC that talks about the location of the trash enclosure. He says that it's approved for a three cubic yard container, but no larger, and that the front access is limited. It sounds like he's asking for that condition, but if you include -- if you include all conditions that were proposed, then, that would be covered, I think. The location of the trash enclosure should accommodate that. Thanks. Corrie: Thank you, Brad. Any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I just wanted to know -- on Page 2.A.1, what a landscaping hall is. Tis the season I don't know. Hawkins-Clark: That's a good question. Nary: I think that's shall. De Weerd: I'm thinking wall -- Bird: We couldn't figure out what the hall was. Corrie: All right. De Weerd: Thank you. Corrie: Brad, thank you. This is a Public Hearing. Is the applicant here this evening? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Turney: Yes, sir. Meridian City Council Meeting December 17, 2002 Page 22 of 53 Corrie: Name and address, please. Turney: Mr. Mayor, Council, my name is Steve Turney. My address is 4096 East Driftwood Drive in Meridian. We have had time to review the conditions of approval and we agree with the staff recommendations. I'd like to commend them on their report. There was an issue when we were before the Planning and Zoning Commission regarding the Central District Health Department's recommendation that our storm water be pretreated through a grassy swale prior to this discharge. I made mention of that at that hearing, that we had concerns with a swale, particularly, my client is concerned with the kids -- we tried to make a nice entry to the clinic for the kids to play and there is also an area for expansion if -- down the road if things go well. If it pleases the Mayor, I do have a Site Plan -- a revised Site Plan if you guys don't have it in your stuff, if that would be helpful. Thank you. That revised Site Plan indicates the plaza area, towards the north -- or towards Overland Road we do have an expansion area for three more exam rooms for another doctor down the road, and it was a major concern of my comment that we don't have swales. We have designed to the best management practices for storm water disposal and we have designed to the storm water management requirements. I would request that Item B-1 be stricken and we will comply with Central District Health Department storm water requirements, but we would like to get the grassy swale requirement for pretreating stricken from the record. We do have a sand and grease trap and we have followed all the other conditions for Central District Health Department, as well as Meridian's requirements. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have two things. One, I guess, is a question for staff, but just a comment. This is a very nice design and I'd like to commend you for that. It looks very nice. I guess in regards to your request for changing the recommendation from Central District Health, I don't think we can change one of their conditions. I don't know if that's a question of Gary or our attorney, but you could appeal to Central District Health to amend that, but I think our findings have to reflect their recommendation. Nichols: Mr. Mayor, Members of the Council, I think on some of these other projects we have allowed them to use the best practices and Gary can address that and Brad can. I know we have done it on some others. Smith: Mr. Mayor and Council Members, I know the grassy swale issue has come up before, as in some cases being difficult to obtain or attain and Mr. Nichols is correct that we have relented on that shall be required issue from Central District Health and fallen back to best practices for storm water disposal. De Weerd: Well, would the resolution be to just change the wording on that? Nichols: Mr. Mayor, Members of the Council, if you just strike Number 1. Number 2 is still in place. De Weerd: Okay. Meridian City Council Meeting December 17, 2002 Page 23 of 53 Corrie: Okay anything else? Okay. Thank you. Any questions? Bird: I have none. Corrie: We have two people that asked to give testimony tonight on the Treasure Valley Pediatrics. Steve Turney. Oh, you already -- I'm sorry, Steve. Eric Anderson. Okay. Anyone else from the public like to issue testimony? Sorry about that, Steve. Okay. Any other questions, Council, while we are on the Public Hearing? Okay. I will entertain a motion to close the Public Hearing on Item Number 14, request for Conditional Use Permit for Treasure Valley Pediatrics. Bird: So moved. Nary: Second. Corrie: Motion made and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Hearing none, I will entertain a motion on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move we approve the request for Conditional Use for a pediatric clinic on 1.22 acres in an L-O zone for Treasure Valley Pediatrics. To include all conditions and also to amend Page 4, Item E-1, to delete that as a condition from Central District Health and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay motion has been made and seconded to approve the request for Conditional Use Permit for Treasure Valley Pediatrics, with the amendment, and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 15. Public Hearing: CUP 02-036 Request for a Conditional Use Permit for a multi-building office/restaurant complex and Krispy Kreme drive-thru Treasure Valley Business Park No. 1 facility in an I-L zone for by Clark Meridian City Council Meeting December 17, 2002 Page 24 of 53 Development -- southwest corner of North Eagle Road and East Fairview Avenue: Corrie: Item Number 15. This is a request for a Conditional Use Permit for a multi- building, office/restaurant complex, and Krispy Kreme drive-thru in an I-L zone for Treasure Valley Business Park No. 1 by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue. At this time, I will open the Public Hearing and, excuse me, have staff comments first. Hawkins-Clark: Must have had the Krispy Kreme ordered in from Utah, then. Corrie: Yes I did. Hawkins-Clark: Don't have it here yet. Corrie: Didn't share either. Hawkins-Clark: Thank you, Mr. Mayor. Item 15 and 16 are very much interrelated here tonight. The first one, Number 15, deals strictly with the Conditional Use Permit and the main driving force behind this request is to allow the applicant to get going on several buildings prior to this subdivision being recorded. In order them to get multiple buildings on a single lot, they decided to come through with a Conditional Use, and it's primarily driven by this -- by this northeast corner of the project at the southwest corner of Fairview and Eagle Roads. This light industrial zone on this 14 -- or I guess it's -- by the time you add these other three lots in here it ends up to be more like about 18 acres or something. This was a part of the Development Agreement back in, I believe, 1993 or 1994, Mr. Tom Wright's development that came through that the Development Agreement essentially allowed a Planned Development for any uses here. It's very broad in its nature. It, essentially, would have allowed this development to occur without them coming through with a Conditional Use Permit. This was at the same time that the Family Center, Meridian Crossroads Shopping Center was approved on the other side of the street, on the east side of Eagle Road, all annexed at the same time and had the broad Development Agreement. Since they are not rezoning and they are not annexing, that Development Agreement cannot be with amended. Again, the reason -- so they are looking for this corner here, the proposed Krispy Kreme is right at the corner. Then, they do have, as I understand, a couple of other potential users, clients for the building here and at the more southern end towards Florence. Again, to go back, this is the existing layout of that subdivision known as Treasure Valley Business Park, they are looking to resubdivide these lots into smaller lots, and that's the next item on your agenda. This item deals with the Krispy Kreme and those others, the -- the application was for the full 14 acres, essentially, an overall Planned Development, and maybe Mr. Strite could clarify that when he gets up. If they applied for a conceptual Planned Development, the ordinance does require all future uses to come through with Conditional Use Permits in the future and that -- if the Planned Development was for the whole 14 acres, then, that's going to apply, unless the Council says otherwise. I think given the Development Agreement on this property that would not really be necessary, since they have provided some conceptual layouts here and all uses are allowed anyway. They really wouldn't need to come in for a Conditional Use for each individual lot, since the Development Agreement is on this property. The Idaho Transportation Meridian City Council Meeting December 17, 2002 Page 25 of 53 Department does have a letter into you that was dated clear back in October, October 23, from Dan Kuntz, who is a district traffic engineer, and he has recommended that no access be granted to Eagle Road. There is a proposed access here. The applicant, I understand, has appeal ITD's requirement to not allow that access and they certainly can give you an update tonight on where that appeal stands. The plat, next item, really wouldn't deal with that, but given Eagle Road and the unlikelihood of the 55 mile an hour speed limit changing, that's questionable as to whether or not that right in, right out, is appropriate. I think, as you may have read in other areas, the Krispy Kreme has a reputation for having some pretty intense traffic for their first couple of months being open. I think there is some information on the web that you will have two and three hour waits and long 45, 50, 90 minute waits in those lines, so that's why the Commission did add a condition to the recommendation. Fairly open. It's on Page 2 of the recommendation, Number 6. It simply says that the applicant shall work with the Meridian Police Department, ITD, and Ada County Highway District on a traffic control plan for the grand opening of the Krispy Kreme donut shop. We might add on there that some kind of review by the Meridian City Staff can be on that as well, so we can confirm that they have actually done that. Other than that, for this item, I think those six recommended conditions are there for you to look at and I will end it right there, unless you have any questions. Corrie: Thank you, Brad. Any questions of staff at this time? Okay. Mr. Strite is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Strite: Yes, sir. Mr. Mayor and Council, Bill Ray Strite, 1010 Allante in Boise. I'm here, along with Steve Arnold from Briggs Engineering, in support of this application. Perhaps after reading the staff report, certainly we have no problems with the conditions imposed. I guess what I will do is I will kind of follow Brad's lead, I guess, and start with the item requiring future Conditional Use for each particular parcel. I think Brad is absolutely correct in his assessment, that the original Development Agreement would lead us to believe that additional Conditional Uses would not be appropriate, unless the use was such -- as a drive-thru or something inconsistent with the original Development Agreement. As to the ITD Eagle Road access, that seems to be a pretty hot topic. I can suggest to you that Earth Tech has taken this on, they are traffic engineers, and they have met directly with the ITD Staff and also met with Stan Lowe, who is the District Three Engineer. I believe they have come to a compromise relative to that access. That access, for those of you who do not know, was shown on the plat in 1990 prior to Eagle Road becoming a state highway. At that particular point in time, it was approved by Ada County Highway District. However, we are prepared to deal with ITD. I can tell you right now that ITD has suggested, as some of the safety measures, that we take Florence, which, as you all know, is a legal all movement access, convert it into a right in, right out, which we are prepared to do. Secondly, we are prepared to provide an additional decel lane into the access in question, plus extend a very short access lane --- accel. Excuse me, onto a weaving lane, which would allow right turning southbound traffic to weave into traffic -- at this particular point in time -- and I'm sure you have all been out there -- that accel lane is approximately 180 feet. Unless you're driving a Ferrari, it's going to be extremely difficult to merge in traffic. We are going to extend it some 400 feet, so that it actually comes down beyond the access in question, flares out, if you will, at the south boundary of Florence. The decel lane -- and this is all Meridian City Council Meeting December 17, 2002 Page 26 of 53 conceptual, so I'm going to suggest to you tonight that this has yet to be approved, but this is what's on the board right now between ITD and Earth Tech. The decel lane will come off a free right turn -- additional free right turn, if you will, off of Fairview, break into the project 12 feet, if you will, back to the west and create a right turn only into a right in, right out, access, which is the access that we have proposed on this particular plan. I will note to you tonight that we addressed the Planning and Zoning Commissioners' comments and e-mailed the Site Plan to the city. However, this is not the Site Plan, so maybe I will touch on that as well. The access that you see at the westerly boundary of this project is no longer. That access has been eliminated. Brad, if you would, back -- there you go. A common access has been provided to the Office Value adjacent to this site and agreed to by Office Value and Gem Stone. That also is shown on that Site Plan. The Hickory Road access, which is shown on the southwesterly section of this site, has been deleted and the access -- or common access as presently exists between Lot 6 in this project will be reused. Those were the three comments that were requested of us by the Planning and Zoning Commission and, I apologize, I think the Site Plan that you have in your packet -- we delivered 10 of those, I believe, last week -- should delineate that, but just in case they do not, I want to make that clear here tonight. If there is any questions relative to the Conditional Use and if there is anything that I have missed -- excuse me. The third item that Brad mentioned -- and, certainly, we have no problem with, is the traffic review that we are going to provide the Police Department and Fire Department prior to the grand opening, can certainly be reviewed by the staff accordingly, and that could be a condition, certainly. That's not a problem. I will stand for any questions, if there are any. Corrie: Any questions? Okay. Thank you. Is there anyone else here that would like to give testimony at this time? Okay. Council, any questions on the Public Hearing for Treasure Valley Business Park No. 1 request for Conditional Use Permit? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have huge concerns about having an access point so close to that corner. That is a nightmare. You know, I think even with the decel and an acceleration lane, that intersection is the busiest intersection in the State of Idaho. I talked to some traffic and some transportation planners and about the traffic nightmare this has had with Krispy Kremes and, yes, it does settle down after a couple months, but you still have that traffic. I can see them stacking on Eagle Road just to get into that -- that parking lot. I know we are requiring a Traffic Plan and all of that, but people will be people and you're not going to control them. You can't say you can't stack there and they won't. I guess I would be interested to hear why you need to have that -- that right in and right out just at that particular location. Strite: Mr. Mayor, Councilwoman de Weerd, let me first suggest to you that this is the -- that particular Site Plan that you're looking at is a little deceptive. The decel and accel lanes are actually 24 feet to the west. As you come around that corner you are 24 feet off the major highway, in effect one lane being a weaving lane to accel, one lane being a weaving lane for decel, so I think this is a little deceptive. I do have in my packet the plan that was originally provided to ITD and I could probably further that conversation. Meridian City Council Meeting December 17, 2002 Page 27 of 53 However, I agree with you wholeheartedly. The fact is, I'm absolutely astounded by some of the stuff that Mr. Freckleton provided me from the e-mail. I can't imagine anybody in their right mind standing in line for a minute for a donut, let alone three hours, but it will taper down. I think the difference between this particular site and some of the sites that they had in the past is you have got eight ways to get into this site. Eight. It's not so much for the Krispy Kreme, it's the other part of this development that, in fact, really needs the right in and right out. If you look at this particular Site Plan, knowing that Hickory will be signalized at the time it extends to Pine, we have got all this access from that point. It appears to me, and certainly from -- and I'm not a traffic engineer and certainly don't profess to be one -- to having discussed with Mr. Funkhouser, that 300 feet of stacking lane is more than adequate. In fact, he's suggesting that the stack lane on the decel portion be reduced somewhat, because he's convinced that the right in, right out on Fairview, first of all, you have one that we are providing, you have three more that are already there on lots two, three, and four, which we are providing cross-access to. Plus you have the ability to come down at this particular point in time in Florence in the future from Pine north. Again, I do not profess to be a traffic engineer and he's come up with these numbers and he's quite pleased with the fact that the decel and accel were, in fact, to enhance traffic and the safety issue. I think, more importantly, without being repetitive, it's forcing Florence now to a right in, right out, which, in fact, it really is. Unless you go there tonight, you might be able to make a left turn. I doubt it, but you probable could after 2:00 in the morning but that is a deeded access and you cannot take that away from them. This particular project is prepared to delete that and provide the right in, right out, which I think, from the standpoint of safety, is an obvious benefit. With that, I think what I would propose to you tonight and certainly consistent with the staff report, that that access must be approved by ITD prior to issuing of permits and, certainly, we are satisfied with that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess my concern is I -- well, I haven't always agreed with ITD and how they make their decision, sometimes I have no clue. It certainly isn't -- Strite: I think you're in the majority. De Weerd: -- in their policy but traffic coming from the north going south on Eagle Road and the merging traffic coming off of Fairview going east, turning onto Eagle Road to the south and having them crisscross and I just -- the further down it would be better going into Florence. I guess I can understand that your access would be advantageous for the other businesses and I can certainly understand that, but because Krispy Kreme is in that one corner, they will be causing a nightmare right there. I certainly don't want to contribute to that. Strite: Mr. Mayor and Tammy, I don't have any other comments. Again, it would probably be more appropriate to have had Mr. Funkhouser in here. However, I think the staff report is conclusive and I think the condition is imposed. If, in fact, ITD believes that the median proposed, as well as the right in, right out -- and I believe they refer to those as pork chops, are provided, they believe that the safety issues in the weaving Meridian City Council Meeting December 17, 2002 Page 28 of 53 motion, which I think you aptly addressed, are relieved, that's all I can tell you. Again, I would ask that you approve it with that condition and it's basically out of everyone's hands at that particular point. I think the trade off in my mind -- and I'm not a donut man, but it appears to me that there would be more of a safety issue with Florence left turns than there is ever going to be with the weaving movement, if you will, on that access. If we can eliminate that, I think we have made a giant step forward. With that, I will end my comments. Corrie: Any other questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess I understand where Councilwoman de Weerd is coming from, you know, it almost seems like that corner, Mr. Strite, ends up a little bit like the old KFC by Meridian and Main Street, that same kind of area geared so close to that street, but I don't know of anything better. I don't know that -- but I think it is a short-term problem. I think the majority of it I guess from what you were saying, so that I'm clear what you were saying. The intent, though, is to basically lengthen those acceleration lanes, so that when you're turning southbound off of Fairview, you're going to have a longer lane in which to merge. If you're not going to Krispy Kreme, if you're just trying to get southbound off Fairview, you're going to have a safer access to try to get onto Fairview. Strite: That's correct. Nary: Is that what I understand? Strite: That's correct. Nary: So, the only concern on that safety issue, that traffic that turns southbound that's still trying to turn into that right in at Krispy Kreme, as well as the cross-traffic coming already southbound on Fairview already -- Strite: Absolutely correct. I guess you could suggest, Mr. Mayor and Councilman Nary, I guess you're suggesting they have that same problem right now with Florence, but in Florence you have got the problem with somebody trying to turn left. At least at this particular point, if everybody is forced to go right in, right out, they are going to have a little bit of a view corridor, because they are not trying to look one way and turn the other. I think that, in itself, is some problem. It's not perfect, but I don't think -- you know, as I mentioned to the Planning and Zoning Commission -- I'll try to make this short -- when the Ada County Highway District turned this over to ITD -- and I'm sure you all know this -- and you were on the Planning and Zoning Commission at that time, this road was anticipated at 31,000 cars a day. Last October it was at 42,000 cars a day and ITD is telling us today that it might be closer to 50,000 cars a day. There is no question that it's there, you know, you have got to deal with it but I think the whole issue here is to try to make it as safe as we possibly can. Obviously, the road is a difficult Meridian City Council Meeting December 17, 2002 Page 29 of 53 stretch of road and that goes from your community all the way to Eagle Road -- all the way to Eagle. You know, it's a problem, but I believe that Mr. Funkhouser has come up with a solution that is safety ridden and I think that's the hopes of our proposal to ITD. Nary: If this isn't approved, Mr. Strite, by ITD, then, you won't have any access point there, you will just leave the Florence access the way it is. Strite: That's correct, sir. Nary: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: You go right across the road and you have got the exact same thing going down Fairview into the ShopKo shopping center. You got a right in and right out right off of that as soon as you make the turn, the first one, and swing over and swing out. Strite: That's correct. Bird: I drive it at least two times a day and I have yet to see a wreck there. I don't like it, don't get me wrong, but I think it's -- it is a little different there as you're coming off Eagle onto -- Strite: Well, the one portion, at least you're in a signalized intersection, again, to get you to 55 miles an hour, you got to be hauling the baggage before you get to -- De Weerd: I have seen it happen. Strite: I'm sure you -- my son could probably do that in the first 100 feet. Corrie: We could have the motorcycle patrol doubled and let them sit there. Two things, could be coming out eating a donut to give them a ticket or if they get to 55 before you get -- Strite: Anyway, if they sit there for three hours waiting for a donut, they are going to be too slow to move any further. Corrie: They would have to send them to Albertson's. Any other questions? I don't intend to make light of it, but you're going to have some problems for a while, we know that. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting December 17, 2002 Page 30 of 53 De Weerd: I guess a couple of questions. If they approve this, you will agree to turn Florence into a right in, right out. If they don't approve it, you will have full access at Florence. Could we not position it to be right in, right out, regardless? Florence? Bird: It's already got a -- Strite: Mr. Mayor and Councilwoman de Weerd, we might refer that to counsel, either Councilman Nary or Mr. Nichols, but that is a deeded access. I'm not certain exactly how all that works, but my guess is it would be rather difficult to go in there today and suggest that the city could ask that that thing be restricted to right in and -- that would be my guess. I -- De Weerd: It seems with that one that Mr. Jewett had, they denied -- he had full access and they took it away from him, so -- Corrie: It wasn't deeded, though. Mr. Nichols, do you have any comment at this time? Nichols: Mr. Mayor, Members of the Council, if you recall, this is a Conditional Use Permit application and, therefore, you can impose conditions that are reasonably related to the development as it pertains to safety issues. Absent that, a closure of the deeded access would be a taking and would be required to be compensated. De Weerd: I do have one other question for you, Mr. Nichols, and that would be if ITD did grant that right in, right out, where they are requesting it, could we ask that it be blocked for the first two months of occupancy or something like that? I'm reaching. Corrie: I can see that. De Weerd: I just had that question. Nichols: Mayor, Members of the Council, I don't know the answer to that one. I think you might be in a better position, at least during -- since it's not yet finalized, to have Krispy Kreme pay the additional patrol costs associated with the traffic problems, as a condition of approval, since we know the specific use, because that will impact traffic for a period of time. If you're going to have to throw more resources at it for this particular business, then, that might be something that you include. That could go into that Traffic Control Plan that needs to be addressed as far as what the tenant is willing to do or the owner -- I don't know if you -- how you intend it to be developed, whether Krispy Kreme is going to own the parcel and build a building. If that's the case, you may need to include that as a condition, if it requires additional patrol and so forth above your usual costs. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think Mr. Strite knows I'm pretty sensitive about the drive-thru thing as well, but I mean I think if the applicant is willing to work and have the approval of the Police Department and ITD on the Traffic Control Plan, I think those are the issues that we can Meridian City Council Meeting December 17, 2002 Page 31 of 53 work out. I don't see this as a 24 hour problem, although I think the facility will be open 24 hours, I don't think it's a 24 hour problem. I think it's probably some peak times in the morning times and things like that or those kinds of things, but I think that's something they can work out with the Police Department on how to do that, whether it's increased patrol, whether it's some limitations at certain times for certain things. I mean I guess I don't know what those are going to be. I did read the minutes and the discussion that they had at the Planning and Zoning Commission about Rochester, the second biggest story ever in Rochester, even the World Trade Center, so I mean, it's, obviously, a big thing in certain places, but I think the applicant is amenable to that, Mr. Strite. At least working with the Police Department to try and get that accomplished. Obviously, we are all looking for the same thing. It's not whether Krispy Kreme is a part of that concern, that's there. I don't think that's going to be a problem. Strite: Mr. Mayor, Councilman Nary, I don't think that is a problem. As a matter of fact, they have no problems whatsoever with the condition as written. If you would like to extend that condition, as Council has mentioned, not to limiting access, but, perhaps, the applicant providing additional -- I don't know if it would be resources or different -- their own patrol type people -- if there is some kind of language that could be put into that condition, certainly, we would be amenable to that. Corrie: Okay. Any other questions? Strite: As long as it's not too ominous. I mean, you know -- Corrie: Okay any other questions? Okay. Hearing none, I would be happy to entertain a to close the Public Hearing. Bird: So moved. De Weerd: Mr. Mayor, I do have -- Nary: Do you want to have discussion? Corrie: I got a motion on the floor. Need a second and if I don't get it -- Nary: Well, I guess I won't second it, so -- Corrie: Motion dies for lack of second. Mrs. de Weerd. De Weerd: I guess my next concern is that we are not seeing a revised plat. I don't know if that's a concern to anyone, but it does concern me that we are not seeing that. Do we have that on record? Hawkins-Clark: Mr. Mayor, Councilwoman de Weerd, we did receive the hardcopy and it should be in your packets. That was just an error on our part that we didn't get the right one into the PowerPoint presentation. The changes are, as Mr. Strite pointed out, th that they have reflected on that an amended plan that was submitted on December 12 to the City Clerk's Office. They were required to submit that and they have moved that Meridian City Council Meeting December 17, 2002 Page 32 of 53 Hickory access and they have changed that Fairview access as well, so that they share that with -- moved it further to the east there on Fairview. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just for discussion on public record, in case the applicant wants to respond, I don't know if my concern is more for the fact that if they don't get that right in, right out access, that Florence will have a full access and right in and left out. I mean that concerns me probably more than the right in, right out, however that is a grave concern. I just don't want it confused that this Item Number 15 is not necessarily the plat itself, but they are pretty closely aligned as well. Without knowing what ITD does, I -- it's really difficult to really make a decision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I would agree with what Councilwoman de Weerd is saying, except for the fact -- I guess I look at it this way. Say we were having a discussion about ITD and they approved it, they approved that access, would we, then, deny this, because ITD approved it? I don't think so. You know, we wouldn't deny it. We would look at is the access going to spill out in the roadway. We would have that concern and in looking at the Site Plan, I mean on a normal operating business, probably not. Are we going to have 15,000 people waiting in line for three hours for donuts, I'm sure the owners would love that, but I don't think that's very realistic, but I think it's a short-term problem. I think the first week the place is open it probably will or a month probably will be. It's not -- but we have tried to address that concern with the conditions requiring that they work with the Police Department in developing a plan and the only additional language that I was going to suggest is that they have the plan approved by the Police Department, not just work with them, but actually have it approved. Again, to try to deal with those traffic concerns, are there going to be other traffic issues about cars turning southbound on Eagle? Yes, there probably will be but we are also trading off that by enhancing that traffic lane to allow for better acceleration to allow those cars to safely merge onto Eagle that doesn't exist today. That's a trade-off. It's not perfect, but it's a trade-off. Is there going to be people decelerating on Eagle Road to try to get into Krispy Kreme in that location, because that may be the only spot they can get in, probably, but they will also have a trade-off if they have Florence as well and another entrance to get there. They aren't all going to have to slam on their brakes when they see that sign, but they probably will. Again, it's a short-term problem for a short-term period of time and eventually people will figure it out. It isn't perfect, I agree there will be people saying what's the matter with you people approving something else on that corner, but, again, I think they have provided a good trade-off for what they want. Again, yes, I would agree with that it's not -- it's not ideal, but it's a give and take here that I think is reasonable on their part. There are some good, along with some of the other concerns and some of those concerns, as Councilman Bird said, some of those concerns are just on the opposite corner as well. They have tried to address those and -- some of those have worked themselves out. I think this one will do the same. Meridian City Council Meeting December 17, 2002 Page 33 of 53 Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: Excuse me two points of clarification. One question. I guess one is that the access point itself really is a Conditional Use Permit issue, in my opinion. Plats are going to deal with rights of way and easements, but in terms of where that access would take place. I think this is the appropriate application to have that discussion on that, just to clarify Mrs. de Weerd's point. On a completely other issue, I wondered if we could have Mr. Strite address the issue of design. I'm just looking at 27 different buildings in here and it is a light industrial zone. I'm wondering if, you know, there is any kind of standards that relate to the consistency of materials between the buildings in there or if we are going to potentially see some metal-sided buildings and some that are two story and some that are brick. If there is any kind of design standards that are being proposed as part of the Conditional Use. Corrie: Billy. Strite: Mr. Mayor and Council, for the record, Billy Ray Strite, once again. To answer Brad's question, yes, in fact, we submitted a building elevation with the original submittal for Conditional Use. You may recall that south of Florence we are presently building the Primary Health building, as well as a Family Dentistry building. The architecture that was used with the Family Dentistry building is the -- kind of the basis of the concept that's going to be used throughout this subdivision and, in fact, was submitted as part of the packet. However, you know, in regards to your original comment relative to the conditional use for each particular site, although it may be somewhat ominous to a purchaser, certainly from the standpoint of the development we would have no problem coming back to you. It might be a little cumbersome to come back 46 times, because I'm sure you don't want to see me that often, but if that's the choice of this Council, so be it. Again, the architecture that we have submitted as part of that packet, along with the elevations of the Krispy Kreme is what we intend to build there. Should that change, certainly, you have it in your file and we are on the hook. Corrie: Okay any other questions, other than the two down here. Okay. Do I hear anymore? We are still open on the Public Hearing. De Weerd: Mr. Mayor. I don't know, I just enjoy watching Mr. Strite get up and down. Strite: My legs are killing me, but I can do it one more time. De Weerd: When does that traffic light go in at Hickory Way? Do you know what the timing is on that? Strite: Mr. Mayor, Councilwoman de Weerd, I'm not sure I can tell you that. It's my understanding from the Ada County Highway District that it would only be warranted at the time that Hickory is extended onto Pine and Pine extended into Meridian. I don't think I can answer that. It's my understanding that the warranting would only occur after Pine is extended to Meridian and Hickory to Pine, if that makes sense to everybody. Meridian City Council Meeting December 17, 2002 Page 34 of 53 De Weerd: And the streets that are planned south of this project -- Strite: Jewell Street? De Weerd: Yes. That doesn't connect up to the light over by Blue Cross, does it? Strite: No it dead-ends at Blue Cross. Blue Cross -- the southerly boundary is what -- Jewell. Jewell becomes Olive as it turns south and it dead ends at Blue Cross. There is an emergency access provided both to Blue Cross north onto -- there you go -- onto Olive and we have provided an emergency turn around at the southern tip of Olive, as approved by the Fire Department of the City of Meridian, as well as Ada County Highway District. In effect that is, for all intents and purposes, a dead end. Bird: Hickory comes in and comes over to Pine Street. Strite: Oh excuse me. They do have it 2007. Thank you. De Weerd: So you're putting Primary Health there, a dental office, and Krispy Kremes and 27 other buildings and that light won't be there until 2007? Strite: Well, I will tell you, as the developer, that would be great if they thought they could have all 26 done between now and 2007, but that's highly unlikely. Corrie: Can't say it won't happen. Strite: No. No. I would hope to think from the standpoint of development that the market and demand will be there. I can tell you right now that we are probably working on 12 different proposals for buildings on that site. This is an interesting corner. Everybody likes it. Ultimately, it's going to be certainly well accessed. From the standpoint of any user, if you got 50,000 cars a day going north and south and 30,000 cars going east and west, that's a pretty good chunk. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So did I hear you say, Mr. Strite, that the developer -- the applicant would be willing to live with a condition on here that the remaining sites here would require a Conditional Use Permit, so that we would be able to see -- since this is not a PUD. Since they have a Development Agreement that says they can develop anything, they want to, which doesn't sound like much of a Development Agreement to me -- Strite: But it is. Nary: -- but they would be okay with that? Because I think staff raises a legitimate concern that you're here today and you're building something very good. Two years from now, it may not be you, it may be someone else, and we won't want to have a miss mash of buildings and designs and everything else in this location. That's not a good -- Meridian City Council Meeting December 17, 2002 Page 35 of 53 not a good use of this either. You think that's all right with the applicant as well, if we were to add that condition? Strite: Mr. Mayor, Councilman Nary, I think that would be acceptable and I think appropriate. I might add, Mayor, if I may address Brad. Are you presently working on a design review proposal, so that at some point in time you will have a design review procedure, as well as the land use under a conditional use? If so, would that be effective in this particular instance? Hawkins-Clark: Mr. Mayor, Mr. Strite, we are not -- there are some design -- maybe what you heard is our downtown review. There are some standards being floated around for downtown. Strite: I think that's probably -- Hawkins-Clark: Yes. Strite: We would have no problem with that. De Weerd: Mr. Mayor, I guess one other question. I won't guarantee it's my last, but it's the only one I have right now. Didn't they have -- weren't they taking a major part of that corner off with the Eagle Road corridor, long-term transportation plan? An overpass or something? For Eagle Road. Bird: They weren't taking any out of the corner, just coming down -- De Weerd: You need to move forward and talk into your mike. Bird: They were just going to come down and go up and over Fairview, go underneath. I don't think they are taking much of the frontage road. That's where the City of Meridian screwed up all along Eagle Road and the frontage roads. It's too late now. The frontage road comes in a half mile down from the intersection and you don't have much to come on and off. Too late now. Can't make one development do it, when you haven't made anybody else do it. De Weerd: Okay. Thank you for not answering that. Nary: Do you want Mr. Strite to sit down now or -- Corrie: Your legs are -- Bird: He's been working pretty hard today. Corrie: Any other questions? De Weerd: I have none. Strite: Thank you. Meridian City Council Meeting December 17, 2002 Page 36 of 53 Corrie: Thank you, Billy. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing on CUP 02-036, the Conditional Use Permit for multi-building, office/restaurant complex, and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No. 1 by Clark Development. Nary: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. I'm going to ask a question, because I'm supposed to. Is there any other discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Any other discussion? Okay. Hearing none, I will entertain a motion on the request for the Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Because I want to be the one that says I moved to approve the Krispy Kreme. Bird: You bet. Nary: I move that we approve CUP 02-036, the request for a Conditional Use Permit for a multi-building, office/restaurant complex and Krispy Kreme drive-thru facility in an I-L zone for Treasure Valley Business Park No. 1, by Clark Development. To include all staff comments and recommendations of the Planning and Zoning Commission and to also include that Item A-6 be amended to include that the applicant shall be required to have their Traffic Plan approved by the Meridian Police Department for the first 90 days of their operation. Also that there be an additional site specific comment that all the remaining buildings on this site that were approved shall also require a Conditional Use Permit and for our attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made to approve the request for a Conditional Use Permit with the staff comments and the addition of A-6 language and the attorney to draw up the Findings of Facts and Conclusions of Law. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting December 17, 2002 Page 37 of 53 De Weerd: Would -- since the applicant seems to agree that if there was some reimbursement necessary for the -- any burden that would be placed on our Police Department, I hate to pass up that opportunity. Did you want to include that in your motion? Nary: Well, I think what I was including was that that has to be approved by the police. Whatever they can work out, since the police have to approve the plan, just whatever they think they need. That plan may include reimbursement and the police have the ability to approve it. That's whatever the chief or the captain wants, do whatever is reasonable, and if they can't reach an agreement, they can come back to us and have us try to solve that. It can include that reimbursement. You can include that if you like, we can certainly include that in the language, that it can include reimbursement, but I think it's probably adequate. De Weerd: Okay. Corrie: Okay hearing nothing further, Mr. Berg, roll call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PP 02-024 Request for Preliminary Plat approval of 26 Treasure Valley No. 3 building lots on 17.83 acres in an I-L zone for Subdivision by Clark Development – southwest corner of North Eagle Road and East Fairview Avenue: Corrie: All right. Item Number 16 is the request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Valley No. 3 Subdivision by Clark Development, southwest corner of North Eagle Road and East Fairview Avenue. We will open the Public hearing and ask for staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the plat here is generally the same layout as the Conditional Use Permit you just approved. The main discussion that occurred at the Planning and Zoning Commission did have to do with some of the cross-access that happens within -- internally to this plat. Probably the main point to point out -- there is an agreement that -- well, I shouldn't say an agreement, but there is something in the public record, a letter from Mr. Tom Wright that does address some of the cross-access between the Office Value parcel that is already constructed and built and this re-subdivision. There is a 30-foot wide ingress-egress easement that is a part of this plat that is -- runs right -- runs north and south adjacent to Office Value's east boundary. There is also an agreement -- I will go back to this Conditional Use to allow east-west access between the Office Value parcel and this subject resubdivision plat. That can be accommodated in this 30-foot wide easement here. That may need a little clarification from Mr. Nichols as to whether or not we need to incorporate in any way the communications from Mr. Wright that discusses that access issue, but -- the other point of -- to raise as far as the cross-access, there are two lots here that I would like the applicant to address. I don't believe there is an easement as a part of this plat that Meridian City Council Meeting December 17, 2002 Page 38 of 53 gives access to this Lot 37, whether or not -- how access is going to be taken from Olive into that -- into that lot. If you read the minutes from the P&Z Commission Hearing, there was -- there was quite a bit of discussion about the note that is on the existing plat that says there is a Cross-Access Agreement, which staff has never seen. We are not sure what that agreement means or entails as far as the shared cross-access internally to this project. It's an agreement is the way that it's worded on the plat, it does not say easement, and since we haven't seen that, we mainly just wanted to get that clarified by Mr. Arnold during his testimony. Other than that, many of the issues as far as the lot lines and the frontages and the cross-access issues are addressed as a part of the P&Z recommendation. That's all I have got. Thanks. Corrie: Thank you, Brad. Any other questions? Okay. This is a Public Hearing. Have the representative. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Arnold: Yes, it is. Corrie: Name and address, please. Arnold: For the record, my name is Steve Arnold and I'm with Briggs Engineering, 1800 West Overland Road. I'm here representing Clark Development in the Preliminary Plat tonight. I guess to touch on some of the issues that Brad addressed tonight one was the Cross-Access Agreement. It was previously stated by myself at the P&Z, I believe, that the previous plat had the agreement on that, that is, the Development Agreement that had the Cross-Access Agreement. As you can see that we are putting on the note of this plat, we have a Cross-Access Agreement amongst all the internal lots. We showed those easements out to public streets for those lots that didn't have public frontage. I happen to agree with Mr. Hawkins-Clark that it probably would be a good idea that we show -- we could show an easement on these lots that he was addressing that, obviously, aren't going to have access onto Eagle Road and I will have to work with Mr. Strite on that to make sure that it doesn't affect any buildings. As far as the Cross- Access Agreement along Fairview Avenue, there was a 30 foot wide north-south cross- access easement, which would be able to utilize the property to the west of us, the Office Value I believe it is, and there is a north access driveway off of Hickory. I guess with that being said, I don't have any other comments. We have read through the staff report and agree with all the conditions of the site specific requirements, so I'll stand or sit for any questions, which I haven't exercised for awhile, so I could use it, but -- Corrie: Any questions? Bird: I have none. De Weerd: I don't have any questions. Corrie: Thank you. Gene Avery. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Avery: Yes, it is. Meridian City Council Meeting December 17, 2002 Page 39 of 53 Corrie: Name and address, please. Avery: Gene Avery, representing Food Services of America, at 1495 North Hickory in Meridian. Not really for or against, just a major concern over traffic. Right now, if you come out of Hickory, especially in the evening hours between 4:00 and 6:00, there is probably a 10-minute wait to go onto Fairview. Looking at the development across the street next to Louie's, they kind of coincided with each other, didn't know when to stand up, but probably this one. Very concerned about what that is going to do to our business. We have about 30 trucks that come in and out of there all day long, just our own vehicles, and, then, in-bound 45, 53 footers coming in there. There is Ida-Tran, which is right across the street from us. There is Tri-City Meats, which is kitty-corner from us, and quite a bit of development planned for further down the road on Hickory. I guess our biggest concern is just that access onto Fairview. Even going right -- going right onto Fairview off of Hickory, it's a tough -- tough merge for that. I know right now most of the time when you turn left you have to use the left-hand turn lane and I would say probably 80 percent of the people are using that left-hand lane illegally by using it as an acceleration lane, myself included, so -- Nary: The police are in the back. Avery: I think we have met. I had one question when we were talking about the Florence access, because our trucks do access Florence coming off of Eagle Road with a left-hand turn and you're talking about right in, right out, so are you saying that that left-hand turn off of Eagle would be taken away, then? Corrie: Possibility. Yes. Avery: That would cause even more congestion on that Hickory and Fairview, because either they would have to come around the corner off of Eagle and turn left on Fairview and then left into Hickory or they would have to take the left onto Pine? Is that right? Bird: It would be Pine where the stoplight is. Avery: Right. The problem with Pine right now is that it's like a snake to get to Hickory Avenue, because nothing goes straight. You have to turn right, left, and then left, and right again and it's not very conducive for tractor trailers, especially our over-the-road guys that are making deliveries to us. I guess that's all I have. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony? I will say we have an ACHD person with us in our Council and I'm sure that they will get back to ACHD and will probably be writing some letters very quickly on Hickory Road and the signalization. Hopefully, they can find some money. Thank you. Any further comments? Okay. Any other comments? Yes. Come up here. De Weerd: We should ask for a portion of Krispy Kremes sold to go towards the traffic light. Avery: Mr. Mayor and Council, one other concern. Currently, there is not even a streetlight that lights that corner. That group has not provided a light on the corner and Meridian City Council Meeting December 17, 2002 Page 40 of 53 it's very -- at night, especially, it's very difficult to see the turn and with the buildings going up, the car wash, and the carpet company on the other side, it really shrunk that where you could see what you are doing. That's another concern. Corrie: Okay. Good. Thank you. We will add that to our comments. Any other testimony? De Weerd: Who is in charge of streetlights? Corrie: Okay. Any other comments for the Public Hearing, Council? Bird: I have none. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can't we ask Mr. Brokaw to comment? I hate to put you on the spot, but -- okay. Great. We will put you on the spot but if you could, please, comment about the traffic light on Hickory and where it might -- where we might be able to influence or bump that project up on a priority list, if there are special conditions that can be placed from ACHD on the development of this large project. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Brokaw: Yes, it is. Corrie: Name and address, please. Brokaw: For the record, my name is Michael Brokaw, I'm the Manager of Administrative th Services for Ada County Highway District, 318 East 37. You will have to forgive my voice, I've got a cold, and I keep losing it periodically. Mr. Mayor, Mrs. de Weerd, currently this particular signal is in the five-year work program and it is scheduled for construction in 2007. It does not show any participation from any developer in the cost of that. Certainly, the Highway District would be glad to accept any participation from any developer that would wish to do that. I don't believe that it is in the Capital Improvement Plan, which means that it may or may not be impact fee eligible under the new CIP based program. Under the old program that is still in effect up through January st 1 of 2003, it is shown as impact fee eligible. Anytime that anyone would like to move up a project within the five-year work program, the Highway District is always willing to listen to that. I do believe that the Highway District is going through an update of that five-year work program right now. It is a very opportune moment to offer some more input into that. I believe that it's scheduled to go before the Highway District th Commissioners on January 28, I believe, for approval and adoption. I would definitely want to encourage you to submit anything to the Highway District that shows that you wish to move that up. I don't have the current proposed revisions to that plan, but I Meridian City Council Meeting December 17, 2002 Page 41 of 53 definitely will check back when I get back to the office tomorrow and if you would like, I could e-mail something to the Clerk -- to Will in the morning to let you know where it's at on the current proposed plan. Corrie: Thank you. De Weerd: Could you tell me what the cost would be for a traffic light at that intersection? Brokaw: Currently it's estimated at 175,000. That's for a full signalization, just like -- I believe there is a similar signal on the other side of Eagle Road at the entrance going into -- I believe it's -- De Weerd: Isn't it typical -- or I have seen requests from ACHD for participation in a signalized intersection. Why would they not ask for participation for this particular type of development because it happened so long ago? Brokaw: Mr. Mayor, I'm not certain if there have been any funds placed on deposit in the Highway District Road Trust Fund. Typically, I see that on these types of developments in these types of signals, there is some requirement that the developer place on deposit a quarter of the cost to signal or something like that. It's typically based on the number of trips that are coming into the intersection. For example, the developer would not be required to pay for the portion across Fairview Avenue, but they may be required to pay for the portion of trips that are on Hickory Way. I have seen that in situations where, you know, the total cost of the intersection would be 150 to 175,000 and I will see a road trust fund deposit pass my desk for 12,500 or 25,000. Typically it's a pro-rated portion of the cost and I'm not sure that this particular develop has been asked to put anything into the road trust fund waiting for that 2007 date. I would have to go back and take a look whether it went through the Highway District, unless staff has a report or -- De Weerd: But Crossroads, they were asked to put in that signalization on Pine, weren't they, Gary, on the cost of that light? Brokaw: Mr. Mayor, the signal at Pine I'm not entirely certain, but I know that the Highway District contributed a significant portion of the cost of that signal. I don't know for sure if it was 100 percent of it or not. De Weerd: Okay. Thank you. Corrie: Thank you. Any other questions? De Weerd: Only if the applicant would be willing to help towards the light. Bird: You got your answer. De Weerd: I never mind asking the question. Meridian City Council Meeting December 17, 2002 Page 42 of 53 Corrie: Good way to not get people to come back up. If there are no further questions, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing. Any other discussion? Hearing none, all in favor say aye. All ayes. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion on the request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I, again, would have some concerns that have been talked about and with the development in that area, the light at Hickory, and having both the Mayor and I trying to get out of there earlier today. I know how long I sat there and it wasn't even the busy part of the day. I would share Mr. Avery's concern about how to get his trucks in and out of that area when you're adding a number of businesses that will generate a number of trips that make that an extremely hazardous area, more so than it already is. I do believe both our Fire Department and our Police Department spend a considerable amount of time in that location as it is, but I don't know what the answer to it is, other than to hopefully -- do we have our joint meeting with the Ada County Commissioners next month? Corrie: I don't know what day it is, but -- De Weerd: Is that -- Corrie: Is that Wednesday? De Weerd: Would you mind speaking into the microphone. Berg: For the record, Mr. Mayor, it's a quarterly meeting and it's usually the first Monday of the month. I think it's January scheduled, so I will check and see and get that notice out to you. De Weerd: Could we add this to the items for discussion? Berg: We will add it to this list. De Weerd: But I would continue to say this isn't going to be the whole problem. It's kind of an accumulation of what exists there now and what we are adding to it. It is unfair to say it should bear the full price on the light, but I would like them to participate in a portion of the cost. I don't know if that's a condition, we can have. Meridian City Council Meeting December 17, 2002 Page 43 of 53 Corrie: Any other comments? Okay hearing none, I will entertain a motion, then, on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 02-024, the request for Preliminary Plat approval of 26 building lots on 17.83 acres in an I-L zone for Treasure Valley No. 3 Subdivision by Clark Development, southwest corner of North Eagle Road. To incorporate all staff comments and conditions and for the attorney to draw up Findings of Facts and Conclusion of Law and Decision and Order. Nary: Second. Corrie: Motion has been made and seconded to approve the request for Preliminary Plat, including all staff comments and conditions and for the attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Nary: And I would just note, Mr. Mayor, for the record, that we will -- so the folks here will know, we will address that with the Highway District. This just isn't the place to do it, but we will address that with them and, hopefully, we will find ways that we can move that along, because it does raise a legitimate concern that we need to look at especially if the Mayor and Councilwoman de Weerd try to get out of there anymore. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to add one thing. You know, we are blaming the entire commercial on the south side of the deal and I see a lot more -- almost wrecks happen coming out of the subdivision there on residential. There is a lot more traffic coming out of the north and stuff, but I agree with Mr. Nary, we have got to figure out some way to get a traffic signal there. It's funny, they get a traffic signal across the road just so you can get into a soccer field, but -- and they can have two of them within a quarter of a mile. Item 17. Water, Sewer and Trash Delinquencies: Corrie: Okay. We have the water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, you the right to a predetermined hearing at 7:30 P.M., Tuesday, December 17, 2002, before the Mayor and City Council, to appear in person Meridian City Council Meeting December 17, 2002 Page 44 of 53 and be adjudged on the facts and defend a claim made by this -- the city that your water, sewer, and trash bill are delinquent. You may retain counsel. Your service will be discontinued on December 18, 2002, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? You are hereby informed that you may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you appeal, your water will be shut off. Total amount is 31,853.31 dollars. Council, I'm willing to entertain a motion to approve the turn off. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd love to, but I got a question to ask Gary. Anybody that's on this list is on the turn off right? Smith: Yes sir. That's my understanding. Bird: Okay. I wanted to know. Got it on record. With that, I will make a motion that we approve this turn off list and that if they are not paid, service will be discontinued December 18, 2002, and the amount is 31,853.31 dollars. Nary: Second. Corrie: Motion has been made and seconded any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: At this time I will call for a recess. (Recess) (Return at 9:38 P.M.) Item 8. Ordinance No. : Adopting the 2000 International Building Code: Item 9. Ordinance No. : Adopting the 2000 International Mechanical Code and Fuel Gas Code: Corrie: Okay. I'm going to bring us out of recess back into the meeting and let's hear what Mr. Nichols has to say and, then, we will go to Item Numbers 8 and 9. Nichols: Mr. Mayor, Members of the Council, while Councilman Nary was away and we first took up these items, we looked at Idaho Code 39-4116, which said local governmental bodies who issue Building Permits and enforce Building Codes are required to adopt certain International Codes. That's reflected in Ordinance Number 8 -- Agenda Item Number 8. Councilman Bird asked the question what happens if we don't. Meridian City Council Meeting December 17, 2002 Page 45 of 53 The clerk and I have been looking at State Statutes to see if the legislature anticipated that there would be a local jurisdiction that would not follow its direction. I can tell you there is nothing specific that says something like a local jurisdiction that fails to adopt these codes loses their ability to collect Building Permit fees or issue Building Permits. There is a standard violations clause in the title chapter that says any person who willfully violates a provision of this chapter and provisions of the code enumerated in this chapter, shall be a misdemeanor and whether or not that applied to a city who does not adopt the code, I'm not sure and that's where we are. The option that you have -- there are several options, obviously. Just not, vote on the ordinance tonight. You could schedule a special meeting before the end of the year, so that you have time to review the applicable International Codes. You could adopt the ordinance and it's not effect until January 1, 2003, the way it's worded, and, then, you could come back and you could make amendments, so long, at least, as I read the Statute, as long as the amendments are equal to or more restrictive than the provisions that you're amending. In other words, if it says you have got to have two-by-four walls and you decide you want two-by-six -- I'm not saying that that's what you're going to do, but you could be more restrictive in your codes. You could raise the bar you just can't lower the bar. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As I understand it, Gary, the one thing that they -- that people had the problem with was the building conservation part of the code. Isn't that what you said? Did I understand that? The energy part. Smith: The energy -- Bird: Conservation part of it. Smith: I haven't head that specifically from anybody. The only thing that I heard concerning the energy code was the request by our building official to exempt that requirement from agricultural buildings. Bird: Oh, that was it. Yes. Okay. Smith: Mr. Mayor and Council Members, if I could, Bill, did Nampa -- you said Nampa adopted this. Did they -- do you know, Bill, if they had any concerns or amendments to the International Code? Nichols: Mr. Mayor and Members of the Council, they did do several amendments and I don't -- when I say several, I don't mean page after page after page of amendments, but they did some amendments. The building official, Dennis Davis, indicated that -- at least in e-mail that I saw, that he has been coordinating with Boise City and Canyon County, so that they were trying to get as uniform a set of codes as possible. Some of the stuff that's in their code I think is real specific to Nampa and I can't remember which one it is. The Electrical and Mechanical Code talked about having a license, but before you could apply -- and this one I wasn't -- again, I just read it. I wasn't really working on that part of it, but in order to apply for a license you have to either already have a Meridian City Council Meeting December 17, 2002 Page 46 of 53 Nampa License or a Boise City License or, you know, those kinds of things on some of the items. The ones that -- I think they did the electrical, if I recall correctly. They also did the Fire Code at the same time. They may have done plumbing but a number of items. I can easily get a copy of the ordinance over to everybody that Nampa did and I can electronically e-mail it to everybody so that you have it. Mr. Mayor, Members of the Council, to my knowledge, groups like BCA were involved in this legislative process and so if there were major concerns over the items in the codes, I don't think it would have st got out of the legislature. Again, you could adopt it, it's not effective until January 1. Should you find out that there are major concerns about items in the code, you can take those up in January and amend it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I noticed in the one that's in our packet that there isn't a summary. Is that -- is it required to print the whole -- Nichols: Mr. Nary, I did prepare a summary and I don't know why it's not in your -- Nary: Yes because, usually, I guess, in the title it normally says -- or something. It just didn't have the attached but if there is one that's complete, that's fine. I just didn't want to -- oh, it's at the end. It just wasn't here I see it. Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Councilman Nary, do you know if -- did Boise amend theirs to meet theirs or did they take it right off the books like we are? Nary: Mr. Mayor, Councilman Bird, I don't recall. I know that it's on the agenda tonight for the Boise City Council to approve it. I can't recall if they had any specific amendments. I know my understanding of it is probably what yours is, there are always concerns that can be expressed about compliance with it, but I don't believe there were any significant changes. I think it would pass in total, the same as what this does. Bird: Well, Mr. Mayor, I mean I certainly don't want another meeting between now and the first of the year. I would go ahead and have you guys pass this, with the aspect is I would like to get a copy of it completely, of the codes, including the Fire Code, and I'd like to see Nampa's, if, Bill, you can get that for us. Gary can take care of the deals and, then, we can all look it over. I would suggest you guys look it over, as well as the five of us. Things can be snuck in. I can take you to some of the codes that pertain to my trade and show you some stuff that's not real practical. Anyway, I would have no problem. We have got to get it -- I mean I don't want to see the Mayor have to go to jail. Corrie: Thank you. I certainly appreciate that. De Weerd: Especially during Christmas. Meridian City Council Meeting December 17, 2002 Page 47 of 53 Bird: During Christmas. He will be in Colorado. The Council President can go. Corrie: I was saying if I don't sign -- you could always pass it without my signature. Bird: That would be my choice right now, is go ahead and let's pass it and have the people get us the codes, so we can look at it and I'd like to just look it over and Bill can get Nampa's, if he would. Corrie: Okay. Then, we need to read the ordinance by title at this point and, then, you make sure what your motion is. Mr. Clerk, if you will read Ordinance Number 02-993, which is the adoption of the 2000 International Building Code, please. Berg: Thank you, Mayor, Members of the Council. Ordinance Number 02-993 an Ordinance of the City of Meridian, Idaho, repealing Chapter 1, Title 10, Building Code of the Meridian City Code to incorporate the International Building Code; providing for severability, conflict, validity, savings clause, and an effective date. For some reason I have a mental block -- Corrie: Do you want Mr. Nary to read the next one? Berg: Okay. Corrie: Okay. Is there anyone from the audience that would like to have the Ordinance Number 02-993 read in its entirety? Hearing, I will entertain a motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Ordinance Number 02-993, adopting the 2000 International Building Code, to reflect, though, in the title it's repealing and reenacting Chapter 1, Title 10. That also pursuant to Idaho Code waive the reading of the rules, as allowed, and that's it. De Weerd: Second. Corrie: Motion made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. MOTION CARRIED: ALL AYES Corrie: Okay Ordinance Number 02-994, is adopting the 2000 International Mechanical Code and Fuel Gas Code. At this time I would -- do you want to -- Mr. Nary, would you like to -- Meridian City Council Meeting December 17, 2002 Page 48 of 53 Nary: I would be more than happy to. Ordinance Number 02-994 an Ordinance of the City of Meridian, Idaho, repealing Chapter 5, Title 10, Mechanical Code of the Meridian City Code to incorporate the 2000 International Mechanical and Fuel Gas Code; providing for severability, conflict, validity, savings clause, and an effective date. Corrie: You have heard the reading of the Ordinance Number 02-994. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve Ordinance 02-994, the Mechanical Code -- amending the Mechanical Code, Chapter 5, Title 10, with suspension of rules, and the effective date of January 1, 2003. Nary: Second. Corrie: Okay motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: That being the end, I would wish everybody a Merry Christmas. I will be back th the 29 and so while I'm not here, you better be. So -- oh, the turkeys did we get those coming, Mr. Clerk? Berg: Thursday. Corrie: Thursday? Berg: The Mike Cavin application, do you want to discuss how we were going to deal with that? th Corrie: Good point. I think we were talking about the rescheduling that for the 7, was it, or the -- how was that? Berg: Mr. Mayor, I can respond a little bit on it, but I know Brad Hawkins-Clark has th talked to the applicant's rep. Obviously, we are not having a meeting on the 30 and th that item was continued to the 30, hoping that it would probably be withdrawn, I think was the intent of the discussion, and it hasn't. I'll give it to Brad, because he's had some communication with the applicant or representative. Meridian City Council Meeting December 17, 2002 Page 49 of 53 Hawkins-Clark: Yes. It was my understanding, Mr. Mayor that Mike Cavin is leaning towards withdrawal of that change of the impact area. Until the South Slough Trunk extension gets across Eagle Road, he kind of wants to hold onto the application and we should have received a request -- I believe the request was to March, was what Becky Bowcutt requested that be deferred to. The last meeting in March. th Corrie: Mr. Nichols, do we have a motion, I think, since it was scheduled for the 30. Nichols: Mr. Mayor, Members of the Council, the complication is that you have to renotice it by publication. I mean you announced in a meeting that it would be on the thth 30, if necessary. You're not going to have a meeting on the 30, so whatever date you pick, it needs to be re-noticed. We suggest that if it's going to have to be re-noticed and with that sort of understanding, it's going to be withdrawn, when it was extended, that it would be appropriate to ask the applicant to pay the additional cost, if necessary. If it's th going to be in March, we can re-notice it -- or it needs to be re-noticed before the 30, doesn't it, Will? It would have to be renoticed before the meeting in which it was continued to, I would think. th Nary: If we canceled the meeting for the 30 and we re-noticed -- can't we just re-notice that one whenever we can have it? If we noticed up that we are canceling the meeting th on the 30, but no one is going to show up, and, then, we renotice it for whenever -- I guess I would have a concern asking Mr. Cavin to pay for it, since we are the ones that don't want to have the meeting. If we are going to put it off until March and in between now and March, they decide that they are going to withdraw it, then, we won't have to notice it at all. If it gets withdrawn we don't have to notice that so if it does get withdrawn eventually, otherwise, we would have to provide -- is it 14 days, 15 days notice? By mid March, we would have to have it renoticed? Berg: Yes. Nary: I mean I guess I have a little bit of concern making sure whatever public is really wanting to be here to testify, which zero showed up at the other hearing, but that's not the intent of the noticing, not for me to determine that zero may be showing up. Berg: The thing they are requesting -- the applicant was to place the application on nd hold. This is the October 22 meeting so by putting it on hold, we put it on hold for two months to see something happen and they still don't know what they want to do. th Nary: I think if we provide adequate notice that the meeting on the 30 is canceled, then, if anybody did want to testify and they have somehow been notice on this item, they would know there is no meeting. In the notice of cancellation of the meeting, we could indicate that all items on the agenda may be rescheduled at a date in the future. Then, we would -- and that's simply going to provide notice if we do reschedule it, then, there is not a problem and the affected party would know. If it gets withdrawn, it doesn't matter who shows up to testify, because it was withdrawn, and it wouldn't make any difference. Berg: And we wouldn't re-notice it. Meridian City Council Meeting December 17, 2002 Page 50 of 53 Nary: We wouldn't re-notice it. We wouldn't re-notice that. It's at the end does that seem fair, Mr. Nichols? Nichols: I agree. th Berg: So I will make sure that a cancellation notice of the special meeting on the 30 addresses that item as being the only one on the agenda and it would be rescheduled. Nary: And it may be rescheduled at some point in the future. That way, at least, it leaves it open and if it resolves itself, great, and if it doesn't, we will provide notice. I th would move that we cancel -- now we no longer have any items on the 30 and I move th that we cancel the meeting on the 30 of December. Bird: I second that. Corrie: Okay motion has been made and seconded any further discussion? All those in favor say aye. Motion carried. MOTION CARRIED: ALL AYES Bird: I would move that we adjourn the meeting. Nary: Second. Corrie: Okay all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 10:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK