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HomeMy WebLinkAbout2003 09-16 Meridian City Council Meeting September 16, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 16, 2003, by Council President Tammy de Weerd. Members Present: Council President Tammy de Weerd, William Nary, Keith Bird. Members Absent: Mayor Robert Corrie, Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Bruce Freckleton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __X Tammy de Weerd _ X__ Bill Nary __O Cherie McCandless __X Keith Bird __O__ Robert Corrie De Weerd: Okay. I'll go ahead and call this meeting to order as City Council regular agenda. It's Tuesday, September 16th, at 7:00 o'clock and I will ask the City Clerk to call roll call attendance. Item 2: Adoption of the Agenda: De Weerd: Okay. Thank you, Will. Item number two, adoption of the agenda. I guess right off we have been asked on item number six to continue the tabled for request final th plat and in talking with staff, it looks like we would continue that to October 7. Then, item number 12, we didn't get some information for staff review and so that looks like it needs a continuance until the 23rd; is that right, Anna? Powell: Mr. -- I'm sorry, Madam President. Council President and members of the Council, we were -- we were supposed to get the landscape plan ten days before. They did get the landscape plan in in time for it to make it into your packet. We did not receive the landscape plan until today. The applicant did scurry around and make several changes today and we got a revised landscape and site plan about 4:30 today and they have been distributed to you, so it's your choice as to whether you want to table it tonight. We did get a chance to review the site plan and landscape plan and we could move forward tonight if that's your choice. The applicant is here. De Weerd: I guess it's your comfort level, if you have had enough time to review that. Powell: Wendy felt she had enough, so -- De Weerd: Okay. Okay. So, item number 12 is not an issue. Are there any further changes? Okay. I would entertain a motion. Meridian City Council Meeting September 16, 2003 Page 2 of 25 Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the amended agenda, which item six is the only amendment. Nary: Second. De Weerd: Okay. It's been moved to adopt the agenda, with the exception of item six. Nary: We are going to move that at the -- okay. Bird: We have to move that when -- Nary: Okay. De Weerd: Okay. Right. That's correct. So, moving to approve the agenda. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 3: Consent Agenda: A. September 2, 2003 Approve minutes of Pre-Council Meeting: B. September 2, 2003 Approve minutes of City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAC 03-003 Vacation Request for a of a sewer easement on Lot 2 Pack It Up Subdivision Block 1 of by Pinnacle Engineers – north of East Overland Road approximately one-half mile west of South Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 03- 009 Request for annexation and zoning of 11 acres from RUT to The Courtyards at Ten R-15 (PD) and C-N zones for proposed Mile by Doug Campbell / Tom Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15 (PD) and C-N zones for The Courtyards at Ten Mile proposed by Doug Campbell / Tom Meridian City Council Meeting September 16, 2003 Page 3 of 25 Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-020 Request for a Conditional Use Permit for attached single- family residential with commercial in proposed R-15 (PD) and C-N The Courtyards at Ten Mile zones for proposed by Doug Campbell / Tom Bevan / DTE Developers – southeast corner of North Ten Mile Road and West Pine Avenue: G. Findings of Fact and Conclusions of Law for Approval: TCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in Sunshine Academy an L-O zone for – 737 North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-033 Request for a Conditional Use Permit for a professional Millenium Dental dental office in an L-O zone for by Millenium Dental – south of East Overland Road on South Millenium Way: I. Change Order No. 2 for Dissolved Air Flotation Thickener Project – Ewing Company: J. Approve Release of Bitterroot Construction from 2003 Locust Grove Water and Sewer contract: De Weerd: Item number three, Consent Agenda Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda and for the President of the Council and the Clerk to sign and attest all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Meridian City Council Meeting September 16, 2003 Page 4 of 25 Item 4: Department Reports De Weerd: Okay. Do our departments have anything to report tonight? Powell: Madam President, members of the Council, we do have a fifth Tuesday coming up. I didn't know if you wanted to schedule a joint meeting with the Planning and Zoning Commission or not. De Weerd: I think, generally, we have an agenda and we have already worked some things out with them prior to this late of date. Has the Commission indicated any interest or particular items they would like to discuss? Powell: No ma'am. De Weerd: Okay. Well, I would leave that up to Council, but if there is nothing pending at this point, I wouldn't mind not meeting on that Tuesday, but you know, I'm very open to it, because I love this. Nary: Madam President. De Weerd: Mr. Nary. Nary: I certainly don't mind having one week off from these meetings. I guess I'm the only one not campaigning, but I certainly don't mind having one week off. We don't have to meet. There is not really an agenda. There is no point. De Weerd: I don't know what campaigning has to do with sitting up here, but -- okay. Well, I think, Anna, that means that we don't -- since we have nothing pre-discussed, I don't think we need to -- okay. Item 5: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. Item 6: Tabled from September 9, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in Birchstone Subdivision an R-8 zone for by Centennial Development, LLC – northwest corner of West Ustick Road and North Black Cat Road: De Weerd: So we will move to item number six. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Council Meeting September 16, 2003 Page 5 of 25 Bird: I move that we table item number six, FP 03-048 for Birchstone Subdivision, the final plat, until October 7th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue the tabled request for final plat until October 7th. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 7: FP 03-050 Request for Final Plat approval of 78 building lots and 14 Verona Subdivision No. 2 other lots on 30.79 acres in a R-8 zone for by Primeland Development, LLP – northeast corner of West McMillan Road and North Ten Mile Road: De Weerd: Item number seven. Request for final plat approval of 78 building lots and 14 other lots on 30.79 acres in an R-8 zone for Verona Subdivision No. 2 and we will open with staff comments. Powell: Madam Chair, members of the Council, this is for Verona Subdivision and this is the second plat that's come in. I did want to point out that this is the approved preliminary plat and the final plat is consistent with the approved preliminary. We have a shift in orientation here, in you case get confused, so here are the -- if you orient on this road right here, you will see it changes direction but staff had no concerns with the plat. There was some discussion about some existing trees on the site and they did meet with the city arborist and they do seem to have all that taken care of. There is a fax in your packet -- or I believe it was put on your desk today regarding that discussion, but staff is happy with the final plat application and would recommend approval. De Weerd: Okay. Any questions for staff? Bird: I have none. De Weerd: Okay. Is the applicant here? Do you have any comment? De Weerd: Okay. The applicant has no comments, so they must agree with all of our staff comments. Okay. I would entertain a motion on Item No. 7. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve FP 03-050, the request for final plat approval of 78 building lots and 14 other lots on 30.79 acres in an R-8 zone for Verona Subdivision No. 2 by Primeland Development, LLP, northeast corner of West McMillan Road and North Meridian City Council Meeting September 16, 2003 Page 6 of 25 Ten Mile and for the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments, applicant's comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-050. Any further discussion? Okay. All those in favor say aye. Roll call? He said he didn't care. Okay. Roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Okay. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 8: FP 03-051 Request for Final Plat approval of 38 building lots and 2 other Baldwin Park No. 7 lots on 9.28 acres in a R-8 zone for by Capital Development, Inc. – north of West Ustick Road and east of North Linder Road: De Weerd: Item number eight, request for final plat approval of 38 building lots and two other lots on 9.28 acres in an R-8 zone Baldwin Park No. 7 and we will open with staff comments. Powell: Madam President, members of the Council, this is the seventh in the series of the Baldwin Park and we have been going through this lately. This is the approved preliminary plat that has been added to and we have made it a condition that they bring us a new preliminary plat. This should be the last phase that you see. This is the revised preliminary that's not yet been approved and this is the plat tonight. This should be the last plat you see before you have a chance to look at the new preliminary plat, so that we get the lot count where it should be but as in the past few, we have added a condition that prior to the City Engineer signing it we do need to receive that preliminary plat application, but all other aspects of the final plat are in good order and we would recommend approval. De Weerd: All right. Any questions for staff? Okay. Is the applicant here? We did get a memo that -- or e-mail that states that they agreed with all staff comments. Okay. So I would entertain a motion on item number seven. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve FP 03-051, request for final plat approval of 38 building lots and two other lots on 9.28 acres in an R-8 zone for Baldwin Park No. 7 by Capital Development, Incorporated, northwest of West Ustick Road and east of North Meridian City Council Meeting September 16, 2003 Page 7 of 25 Linder Road, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and incorporate staff and applicant comments. Nary: Second. De Weerd: Okay. I have a motion to approve FP 03-051. Mr. Clerk, roll call. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 9: Public Hearing: VAC 03-004 Request for Vacation of a dedicated th Meridian Head Start fifteen-foot right-of-way on West 4 Street for by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: De Weerd: Okay. Item No. 9, Public Hearing VAC 03-004, request for vacation of a dedicated 15-foot right of way on east -- or West 4th Street for Meridian Head Start. Anna. Powell: Madam President, this is a request to 15 feet of ACHD right of way to vacate and that would be half of the existing right of way. That right of way exists right there. You can see that sliver of land that doesn't have the lot line around it. So, they would be vacating half of that and asking that that be included in their lot for the Meridian Head Start. At the Planning and Zoning Commission the only testimony taken was from Ms. McGibben and she did testify in support of the application. The key question of discussion was whether or not there were any utilities in the right of way to be vacated and they did testify that, no, there were not. You have received additional information today. They wanted make the record clear. They recently found out that there is an Idaho Power transformer box in there. That box is -- was placed within that right of way solely for the benefit of the development of this property, so it will not affect the -- any adjoining property owners and I believe there is also a letter from -- I thought they also got a letter from the Idaho Power, but perhaps not and the applicant can speak more to that if they'd like. There were no outstanding issues for the City Council. They will -- did want to point out that they still have to go through the formal vacation process with ACHD. We are just kind of a first stop in the process and then, they do go through the ACHD process as well and they will be required to get all the relinquishments through ACHD, so in the event that we have missed one, that should get caught later but we feel pretty confident that there is nothing there and I will leave it at that. De Weerd: Anna, I guess I just have one question. Is that right of way half of that, the other half, has that already been vacated to the other property? Powell: I don't believe so. That would be up to that other applicant to request that. It's pretty common for just half of a right of way to be taken at a time. Meridian City Council Meeting September 16, 2003 Page 8 of 25 De Weerd: I didn't know if it had already been taken care of in the past or not. Powell: Well, I'm assuming no, because the lot line would have shifted, so I don't believe it has. De Weerd: Okay. Thank you. Okay. Is the applicant here? Do you have anything you would like to add? I think there was -- Powell: I have never met Doug Cooper. If he was here -- sir, can you come up to the podium and they will have to swear you in. De Weerd: If you will just step up there and then we would like to swear you in. Okay. Is the testimony you provide here tonight the truth, the whole truth, and nothing but the truth, so help you God? Cooper: I do. De Weerd: Okay. Please state your name and address. Cooper: My name is Doug Cooper. I live at 515 West Hays Street in Boise. De Weerd: Okay. Thank you. Nice to meet you. I'm glad you came up to be sworn in and state your name. Do you have any questions for him, Anna? Powell: Well, my understanding was that you might have a letter from Idaho Power stating that -- Cooper: I sent out an e-mail to the City Clerk's office around -- pretty late this afternoon and I thought -- I sent an e-mail to the City Clerk's office this afternoon that was forwarded from Idaho Power, basically saying the same thing that our letter said about that transformer, which was put in only for the use of the new building. Bird: We have got it, Anna. We have -- Anna, do you have one? Powell: Yes. I didn't recognize it at first. I'm sorry. I do have it. With that, Madam President, I think we have got all the information we need. We are fine. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Well, thank you, Mr. Cooper. Cooper: Thank you. Meridian City Council Meeting September 16, 2003 Page 9 of 25 De Weerd: Okay. Any further discussion? This is a Public Hearing. Is there anyone here that would like to testify on this item? Okay. Seeing none, Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move we close the Public Hearing. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: I have none. De Weerd: Okay. Motion? Nary: I guess I had a question. On these requests for vacation, do we do Findings of Facts or do we do an order or do we just do the consent, since it's not our -- all we are doing is consenting. The highway district does the vacating. Nichols: Madam President, members of the Council, I believe we do prepare an order approving the requested vacation. I think that's what we have done. Nary: Okay. Madam President? De Weerd: Mr. Nary. Nary: I'd move we approve VAC 03-004, request for vacation of a dedicated 15 foot right of way on West 4th Street for the Meridian Head Start by Friends of Children and Families, at 333 West Broadway Avenue and for Council to prepared an order pursuant to that. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve VAC 03-004. I'll ask the Clerk to call roll. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. Meridian City Council Meeting September 16, 2003 Page 10 of 25 MOTION CARRIED: TWO AYES. ONE ABSENT. Item 10:Public Hearing: CUP 03-024 Request for a Conditional Use Permit to Seegmiller Dental construct a new dental clinic in an L-O zone for by Dr. Dave Seegmiller – south of East Gala Street and east of South Millennium Way: De Weerd: I would like to take a moment to welcome the Boy Scout in our audience. We always like to see the Boy Scouts here. I assume you're earning your badge. Well, that's great. Well, welcome. Okay. We will move onto Item No. 10, the Public Hearing for CUP 03-024, request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seegmiller Dental and I will open the Public Hearing with staff comments. Powell: Madam President -- I'm having a hard time saying that. I'm sorry, members of the Council. This is probably a familiar site at this point. It is in the Resolution Sub. It's on the corner of Millennium Way and Gala Street and you recently approved a three lot subdivision on the property. This is a Conditional Use Permit request for one of those properties and it's the one to the east. So, we see the building -- this layout was shown on the subdivision plat as it went through, so you have seen this layout and, in fact, as the subdivision was going through there was quite a bit of discussion about where the access points should be. Particularly this one and this one and that also was a big item of discussion at the Planning and Zoning Commission. When the Planning and Zoning Commission -- when the subdivision went through the Planning and Zoning Commission, they had originally requested an access point at this location to the south, going south there, so when this Conditional Use Permit came through without an access there, it was discussed quite a bit and what they ended up doing is tabling the application until you approved the subdivision, so that they would know where the appropriate access points were. So, this has been in the process for a comparatively long time for that reason but all the access issues have been worked out and there is a bollard and chain put at this access, so that there is emergency access if need be, but it is not open to the general travel way, and again, that was the primary discussion at the Planning and Zoning Commission. There have been no commission changes in staff recommendation at this point and the only outstanding sort of issue for the City Council is that you will need to reference the revised site plan, which was submitted September 10th, 2003, which provides the temporary emergency access on the south boundary. De Weerd: Okay. Thank you. Any questions? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Knopp: Yes. Meridian City Council Meeting September 16, 2003 Page 11 of 25 De Weerd: Please state your name and address. Knopp: Larry Knopp, 355 South 3rd Street. I'm the architect representing the owners on this piece of property. As Anna testified, I think we covered all the issues that were involved with this piece of property in providing a cross-access to the flag lot to the south for emergency vehicle only and at a point when the flag lot below to the south is developed, then, the access can be permanently closed off and they will take access to the five acres on the east side is what we have agreed to. So, I think we have got all the issues covered and we are just ready to proceed. My client is kind of running behind schedule a little bit, so we were hoping that Planning and Zoning would go pass it on the condition that it is approved and the -- what we had worked out would be -- with the City Council would be conditions that we would live with on it, so we are kind of running a little late, so we are hoping to proceed as soon as possible. De Weerd: Okay. Any questions? Bird: I have none. De Weerd: Okay. Knopp: Thank you. De Weerd: Thank you very much. Okay. This is a Public Hearing. Is there anyone else who has testimony on this application? Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I move we close the Public Hearing. Bird: Second it. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any discussion? Okay. I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council Meeting September 16, 2003 Page 12 of 25 Bird: I would move that we approve CUP 03-024, request for a Conditional Use Permit to construct a new dental clinic in an L-O zone for Seegmiller Dental by Dr. Dave Seegmiller, south of East Gala Street and east of South Millennium Way and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff and applicant's comments and the newest date of the site plan is September 10th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-024. Mr. Clerk, will you call roll? Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 11: Public Hearing: CUP 03-030 Request for a Conditional Use Permit for Coffee Kiosk a drive-thru coffee kiosk in an L-O zone for by Donn Reiswig – east of South Eagle Road and south of East Franklin Road: De Weerd: Okay. Item number 11 is a Public Hearing for CUP 03-030, request for a Conditional Use Permit for a drive-thru coffee Kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig and I will open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this site is located in the Meadow Lark -- or, I'm sorry, Meadow Lake -- okay. I will compose myself. It only takes up a very small portion of the property, as you will see. On this aerial, please, note the construction road that goes through to the St. Luke's property, you can see it clearly there. It's still being used for the Meadow Lake development. This Coffee Kiosk would take advantage of that -- that construction road as those folks came off of Franklin Road and the kiosk would be located right in this location. They are only asking for a temporary approval of this. Here is a little elevation of the small kiosk. It is on wheels, so it is a temporary use that will be pulled off after a two-year period. They are doing some landscaping right around the kiosk. The landscaping along the perimeter was done with the Meadow Lake Village Subdivision. Here is a picture of the site. There is a little bit of a grade change. You can see the construction road coming up here. It would be kind of in this location but it will be kind of further back off the street and it is fully self contained, they won't have any water or sewer hook-ups, it will just be self contained. At the Planning and Zoning Commission hearing the applicant did testify in favor of it. There was no other public testimony taken at that hearing. The key issues of discussion and questioning by the Commission were mostly the temporary use nature of it, the time line, whether we would grant it for a full two years or whether it would be 12 months or 18 months. There was also some discussion about signs, stacking, as far as whether they had enough room from Franklin -- oops. Going the wrong way and Meridian City Council Meeting September 16, 2003 Page 13 of 25 there is -- ACHD has approved that stacking length and then, the parking, paving, and landscaping. They were able to resolve all the issues and, then, with regard to the temporary use and how long that would be good, they did grant a -- they allowed it for 12 months, with a 12 month extension. So, if there were no complaints issued within the first 12 months of their beginning their use, then, they would automatically get another 12 month extension. If there were complaints filed, then, it would have to be a Public Hearing and it would go back to Planning and Zoning Commission and then, they did add a specific size to the required parking stalls, but that was all. So, with that, they have recommended approval to you and I think that ends staff's comments. De Weerd: Okay. Any questions for staff? Bird: I have none. De Weerd: Okay. Is the applicant here tonight? Well, apparently, they have no issues with what's being recommended by Planning and Zoning. I don't know if the City Council feels comfortable moving forward on this, but I'll leave that up to you. Bird: Madam President? De Weerd: Mr. Bird. Bird: I do on something like this. I think Anna pretty well explained everything and 12 month, with another 12 months, I think, pretty well protects the public and protects us, so I would have no -- I have no problems moving on. In fact, I would make a motion that we close the Public Hearing. Nary: Second. De Weerd: It's been moved and seconded to close the Public Hearing. Before I ask for a vote, I wanted to make sure there was no one further who would like to testify on this item. Okay. Hearing none, all those in favor say aye. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any further discussion? Okay. I'll entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 03-030, request for a Conditional Use Permit for a drive-thru Coffee Kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig, east of South Eagle Road and south of East Franklin Road, for the attorney to draw up Findings Meridian City Council Meeting September 16, 2003 Page 14 of 25 of Facts and Conclusions of Law and Decision of Order, and incorporate staff and applicant comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-030. Mr. Clerk. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Item 12: Public Hearing: CUP 03-037 Request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, O.P.M. use as dealership for used automobiles in a C-G zone for Enterprises by O.P.M. Enterprises, Inc. – 1065 East Fairview Avenue: De Weerd: Okay. Item number 12, Public Hearing for CUP 03-037, request for a Conditional Use Permit to move into older home used as office space, pave portion of adjacent lot, use as dealership for used automobiles, in a C-G zone for O.P.M. Enterprises. I will open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this is a kind of small redevelopment. I understand this used to be a podiatry office. It's located off of Fairview Avenue. He is requesting conditional use approval to have, I believe, a five lot dealership, with an associated mortgage loan company on the property as well. You will see from the aerial that the building is in this location. There is another house back here that wraps around it and there is one right next door also and here is the proposed parking area and this is the old site plan. I will, in a moment, put up the new site plan. I want to leave this up for a moment. There is the other house there. The applicant -- or, I mean, sorry, the owners of this property did testify at the Public Hearing and they had concerns about the visibility of the property at that time. That was the only person to testify against it at the hearing. The applicant did testify in favor of it. There was no other testimony taken. The outstanding issue was the several required changes to the site plan and the landscape plan. We did not receive that. As I mentioned, we didn't receive that until today, all the required changes. Wendy Kirkpatrick did have a chance to go through those and she felt that they did meet the intent of the Planning and Zoning Commission approval and I was -- my pause at the beginning of my presentation is because I was trying to find the condition of approval number 17 that is referenced on the other -- on her sheet. Maybe Bruce could look that up for me real fast while I get the site plan. De Weerd: I think what she was referencing is they needed to submit a revised site plan and landscape plan ten days prior to the hearing and they just submitted it today or Friday. Meridian City Council Meeting September 16, 2003 Page 15 of 25 Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna? Powell: Yes, sir. Bird: I see no date on this revised site and landscaping plan. I mean there is date of then they -- evidently, Treasure Valley Engineers faxed it to them or something or sent it to them of 9/8/2003. Is that the date you want to use on the set of plans? That's the only date I see on the plans. Powell: That would be the one we have referenced, even though those changes were made today. I'd apologize for not being as well prepared. We didn't think this was, actually, going to be on the agenda tonight. The primary issues of discussion were a fence at the perimeter of the property, which, I believe, the applicant agreed to and, then, some additional landscape buffers, as I understand it. I think I'll go ahead and let the applicant speak to you while I do a little research. De Weerd: Well, I don't know -- I do know that City Council has had a policy that we don't accept last minute pieces of information, unless staff feels comfortable. I guess I have a couple of questions regarding this conceptual site plan and, typically, our landscape buffer doesn't normally also work as the proposed storm water management swale. Is this something common or -- was this available during Planning and Zoning? Powell: Madam President, this was one that they let go with a fair number of corrections that were required before it got to you. They thought it could be handled. At this point, given your questions, it may be appropriate to just to table it for a week, so that I can meet with Wendy and discuss these, because I'm not sure that she had a fair amount of time to evaluate it. De Weerd: Okay. Well, I have opened the Public Hearing and I would imagine that the applicant is here. It was, you know, a 50-50 guess. But would you like to share a couple comments? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Walker: Yes. De Weerd: Okay. Please state your name and address. Walker: Justin Walker. 311 South Malachi Avenue, Meridian, Idaho. De Weerd: Thank you. Meridian City Council Meeting September 16, 2003 Page 16 of 25 Walker: What -- I guess the sequence of what happened was from the City Council given a list -- from the Planning and Zoning meeting we were given a list of items that we had to correct. At that point I took them to Treasure Valley Engineers and said I need help with this, it's getting a much bigger project than I was originally anticipating. I had -- I had given the plans on the 8th, which is the day we printed them, I took them down to Planning and Zoning and they said, no, you need to take them over to the City Clerk. The City Clerk stamped them on the 8th and, then, I just assume that everything had been taken care of. There were two or three items that were left off that just got -- the area of the sidewalk -- the sidewalk that we had to get drawn and I was not notified that we had any issues with them until 1:00 o'clock this afternoon. So, yeah, I was kind of frantic trying to get this hearing to happen this evening. We -- our dealer's license is being transferred from Kuna and if that doesn't happen -- I can't force to anything happen by a certain date, I know, but we just -- we really need to have it by the end of the month or we will lose our license and we have got a number of cars that would basically hang in -- De Weerd: In limbo. Walker: -- limbo that we wouldn't be able to do anything with if we lose our license from the Idaho Transportation Department and so I frantically tried to just get these couple of changes. They have had the correct plat, other than just a couple changes for, you know, since the 8th, which is eight days, so -- De Weerd: Still short of the ten. Walker: I know. I know that. De Weerd: Okay? Walker: But, yeah, if there is any way to be heard tonight -- I mean if it can't, I understand. So, I also have a memo that went and told me what I need to bring to talk about the landscape buffers, that addressed the landscape buffers. I didn't know if I -- how to distribute those or what. De Weerd: Okay. Go ahead and if you will give it to the City Clerk. Thank you, Justin. Walker: Is that it? De Weerd: Let's pass these out and see if there are any questions from Council. Powell: Madam President? De Weerd: Anna? Powell: Might I ask the applicant to describe the landscaping along the front? It does look like a swale, but it just says lawn in the center. Is it -- if you could just describe it? Meridian City Council Meeting September 16, 2003 Page 17 of 25 Walker: We talked with someone at Planning and Zoning this afternoon and he said that the swale would work, as long as we -- it's not a depression for storm water and he said as long as we -- it's only going to be about a foot to 18 inches deep and as long as it has a gradual descent and we put lawn down there, then, it would be counted as part of that landscape buffer, because it just -- it would be pretty small. There is not going to be a lot of drainage from the parking space. De Weerd: Anna, in those areas, are there not requirements for vegetation other than just lawn? Walker: We will -- Powell: Madam President, he does have other shrubs listed there. De Weerd: I guess I was only looking at this one. On this one. Powell: Madam President, regarding your first question about whether storm water could be collected in those buffers, our code is not terribly clear, because it does say storm water swales may be incorporated into the buffer. Other storm water detention and retention facilities shall not be permitted. Unfortunately, we don't have great definition to cover storm water swales versus storm water detention and retention, so this one does seem to be rather gentle and not be holding a lot of water, so it would seem to fit within the swale category and to be allowed within that street buffer. De Weerd: Okay. Are there any questions for the applicant at this point? Nary: Madam President? De Weerd: Mr. Nary. Nary: So, on this storm water swale -- I guess most -- I guess I'm mostly looking at the same -- to me, all it says is that storm water management swale in the landscape buffer. It doesn't show anything in there and the intent -- part of the intent, I guess, to me, of this buffer is just for the space division, but, actually, a visual division. Just with grass and an indentation for a swale. De Weerd: You have same -- sorry. Nary: There doesn't appear to be much visual change. I don't know. These look the same to me. I mean I don't have -- I don't have that. So, are these trees or just shrubs? Walker: Trees. The landscape code says we have to have a tree every 35 feet for frontage -- or for the landscape buffer. We have 208 feet, that would require six and a half, seven trees, and we were planned -- put eight along there. Meridian City Council Meeting September 16, 2003 Page 18 of 25 Nary: But it's going to be flat or depressed, but no berm. Walker: Right. There is no berm. There would be no berm and those trees and bushes will be along the outskirts of that depression or swale, because the consistency of the swale to take drain water is -- I mean there is only going to be two inches of top soil for sod to grow, basically. The rest would be drainage material. De Weerd: Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Walker: Okay, one other thing. If approved -- I don't know if there is a chance for a temporary occupancy. I guess once the Findings of Facts are approved. I don't know if I can ask for that here or kind of what -- Wendy told me I needed to, so -- De Weerd: Okay. Walker: Thank you. De Weerd: Okay. Thank you. Mr. Nichols, would you be able to address that question? Nichols: Madam President, I guess, typically, Mrs. Powell's office issues those temporary CO's. Anna? Powell: I was listening, sir. Nichols: Once the findings are issued and the Conditional Use Permit is issued -- now, typically, there are conditions that have to be complied with. That conditional use has to be brought into compliance within 18 months in order for it to be effective and you issue a CO as soon as the findings are done, as long as they -- it seems to me he's got a problem in that he is wanting a temporary, so that he can start the car lot up again, but the improvements are not likely to be finished in two weeks, a week and a half. De Weerd: Anna, can you comment on that? Powell: The only temporary CO's that I'm familiar with -- usually there is some -- we issue them knowing that there is some other, for lack of a better term, stick that we can whack over your head at some later time. At this point I think we might lose it until that 18 months is over and, then, we would just be looking at revoking the Conditional Use Permit. So, I don't know that we have another opportunity, since there is no -- once the use goes in there, there would be nothing to encourage him to comply with all the conditions, so -- Meridian City Council Meeting September 16, 2003 Page 19 of 25 De Weerd: Now, could they bond for it? Powell: Yeah. That would be a possibility and then, we would probably just issue it as not even a temporary CO, just a regular CO and we'd just hold the bond until the improvements were done. I believe that's how it works. De Weerd: Could you put time requirements on there, outside of the ordinary two months? You know, you could ask them to bond, but if -- then, also give them a time frame that those improvements would have to be made. Powell: Yeah. We could do a temporary -- a couple different ways. We could either do a temporary CO and then, say that the final would -- certificate of occupancy would be granted with the completion of the things that were bonded for. The other option might be just to add a condition of approval that they have four months to complete them and - - Mr. Nichols is looking like he's going to -- Nichols: Madam President, I don't think that four months is going to work, because he's got paving and other things that has to be done. He might get the paving done in time before the paving season is completed, but he's got landscaping improvements and other things that are very difficult to be done adequately in the winter or they are going to be like the office building next to us, the trees get put in and, then, in the springtime they come in and half the limbs are dead. So I think, probably, a temporary CO, with bonding for improvements, is sufficient incentive to get it going, because the temporary CO could be revoked more easily than a Conditional Use Permit. We will try to get the findings done this week, so that they can be on next week's meeting, but if they are not on next week's meeting, then, they are not going to get approved until October 7th. So, just so Mr. Walker understands the timing. We will do our best to try to get them done. That gives us two days to get them finished. We will try to do that, plus, we have got the dental clinic. We will have to see. I don't know exactly where Marlene's at on the stuff that is still hanging prior from the last meeting. We will see if we can get them done in time and, then, that allows findings to be on next week on the Consent Agenda and, then, a temporary CO issued before the end of the month. Powell: Madam Chair? De Weerd: Anna? Powell: Madam President, members of the Council, one of the conditions of approval does state that a building permit needs to be obtained, so it appears -- I don't know if -- I'm a little vague on the certificates of occupancy, so I just wanted to bring it up, but if he has to get a building permit, I think that would have to be some sort of performance on that building permit before he can get an occupancy, temporary or otherwise. Nichols: Madam President? De Weerd: Mr. Nichols. Meridian City Council Meeting September 16, 2003 Page 20 of 25 Nichols: But he would be able to get a certificate of zoning compliance with regard to his use. Not necessarily the structure. Powell: Correct. On the certificate of zoning compliance we just look at the arrangements of use of the plans and he would go forward from there. De Weerd: So, Mr. Walker, have we totally confused you yet or -- maybe they can explain it after the hearing. Bird: Madam President? De Weerd: Mr. Bird. Bird: Now, I have got a question. If he's got to get a building permit, he can't -- he's got to get that building permit and everything before he can have a temporary occupancy. I mean he can get a zoning compliance, but the temporary occupancy, if he's got a building permit, you have to have some inspections and stuff completed and -- I mean all that temporary is doing is if he's got a problem with one of the inspections or something, to give him that to get it fixed, so -- is he putting up a new building? Why does he have to get a building permit, then? De Weerd: I think maybe we will -- Walker: That's my question. I don't know anything about a building permit that's needed. De Weerd: So, you're not doing anything to the building itself? Walker: No, we are not. De Weerd: Okay. Nary: You're not remodeling or anything? Walker: Unless we need a building permit to lay some asphalt. Nichols: Madam President, members of the Council, if you're converting a house, which is a residential use, to a commercial -- De Weerd: It was a podiatry building. Nichols: It was a podiatry building? De Weerd: Uh-huh. Meridian City Council Meeting September 16, 2003 Page 21 of 25 Nichols: Is it ADA compliant? Walker: Yes, it is. Bird: He has to have a permit to lay down asphalt, doesn't he? Walker: I don't know. De Weerd: Mr. Freckleton. Freckleton: Madam President, members of the Council, just sitting here thinking about this, is the building up to code? Does it meet all of the building codes? Walker: We are using it right now with a -- the permit or the Conditional Use Permit under -- as it was a Boise Podiatry building, so -- I mean it's got ADA accessibility. I would imagine, yeah, I think we are using it now under that. Freckleton: You're not doing any interior wall modifications or -- Walker: No. Freckleton: Okay. Powell: Madam President, members of the Council, I think I figured it out. The building permit is for the fence, a six foot cedar privacy fence. There is a specific condition of approval that says no expansion or new construction on the subject property will be allowed unless sanitary sewer is brought to the site by the applicant, this property currently is not served by sewer. One of the conditions of approval, that is, before any other development goes on the property, that they will have to hook up to sewer service, so -- Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna, you say it's a fence permit is what he needs, not a building permit? Powell: You are required to get a building permit for fences. Bird: Yeah. But it's not a -- Powell: It's a fence permit. Bird: It's a fence permit. Okay. That's clears my head. I understand now. Meridian City Council Meeting September 16, 2003 Page 22 of 25 De Weerd: And that condition about running sewer out to the building would be something a little bit more complex than a fence or laying asphalt, would it not? Freckleton: Madam President, members of the Council. The applicant's big plan is for some future buildings down the road. Public Works Department doesn't have a problem with him running the current building off of the existing septic system. Could you go back to that aerial? The existing sewer is in a stub at this location right here. It's going to have to come all the way across Morgan's property to be able to provide service up to the lot. You know, it's economically unfeasible for him to do that and we don't have any plan on Morgan's property right now to try and get in the right place. So, as small of an operation as he is proposing, it's going to be fine off the existing septic. So, that's why we placed the condition on it that any future development or expansion would require the extension of that sewer. De Weerd: Okay. Okay. Well, this is a Public Hearing. Is there any other member that would like to provide testimony on this application? Okay. Does the applicant have any further comments? Okay. Are you -- I think we are more clear on what you need to do. How about you? Walker: Yes. De Weerd: Okay. Thank you. Council, any other questions before we close the Public Hearing? Bird: I have none. De Weerd: Okay. I would entertain a motion. Bird: So moved. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Any discussion? Mr. Nary, do you have a motion? Nary: Sure. Madam President, I would move that we approve CUP 03-037, request for a Conditional Use Permit to move older home used as office space, pave portion the adjacent lot, use as dealership for used automobiles in a C-G zone for O.P.M. Enterprises by O.P.M. Enterprises at 1065 East Fairview Avenue, to include all staff comments, including the letter that was received today regarding the fence at the rear of the south property line, for -- to include all staff comments, as well as comments by the Meridian City Council Meeting September 16, 2003 Page 23 of 25 applicant this evening and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order and as quick as reasonably possible. Bird: Second. Powell: Madam President? I'm sorry. Did you reference the date of the site plan? Nary: I did not. I'm sorry. Yeah, and the site plan that we reviewed dated 9/8/2003. De Weerd: Okay, and would that be to include bonding for improvements? Nary: I don't know that we normally even include that, but we can certainly include in there that they are allowed to bond for the necessary improvements pursuant to the Public Works and Planning and Zoning Department approval. De Weerd: Okay. Okay. Well, it's been moved and seconded to approve CUP 03-037, with staff comments and applicant's comments. Any further discussion? Okay. Mr. Clerk. Roll Call: McCandless, absent; Nary, yea; Bird, yea. De Weerd: Thank you. MOTION CARRIED: TWO AYES. ONE ABSENT. Powell: Madam President, before you move onto the next item, I did want to mention that the coffee kiosk applicant has arrived and he is in agreement with the conditions of approval. He didn't count on our speedy agenda tonight, so -- De Weerd: Well, you have been approved, so thank you for joining us. Bird: He hasn't seen the recommendations we have put there. De Weerd: Oh, yes. We didn't tell you that you were approved with all kinds of conditions. Nary: Thanks for the new sign, Welcome to Meridian. Item 13: Water, Sewer and Trash Delinquencies: De Weerd: Okay. Item 13 is water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, September 17th, 2003, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by the city that your water, sewer, and trash bill is delinquent. You may retain council. Your service will be discontinued on September 17th and or September 24th, 2003, unless payment Meridian City Council Meeting September 16, 2003 Page 24 of 25 is received in full. Is there anyone present who wishes to contest his or her water, sewer, or trash delinquency? Okay. They are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $45,854.61. Bird: Madam President? De Weerd: Mr. Bird. Bird: One deal when you were reading there, you said September 17th, but on the third item down that should be September 16th, 2003. That's tonight. De Weerd: Okay. Thank you, Mr. Bird. Bird: With that, if there is no more discussion, I would move that we approve the delinquency for turn off in the amount of $45,854.61 and if they are not paid, water will be discontinued on September 17th and or September 24th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the delinquency turn off th scheduled for September 17th and or September 24. Is there any further discussion? Do we do roll call on this? Bird: Yes. Roll Call: McCandless, absent; Nary, yea; Bird, yea. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Okay. Well, Council, this is pretty exciting. It's 8:00 o'clock and we are at the end of our agenda. I think we need to do this more often. Okay. I would entertain a motion to adjourn. Bird: So moved. Nary: Second. De Weerd: Well, before I let you off early, under discussion, there is an item about the Ten Mile Interchange in front of ITD on Thursday at 2:30. I see that Councilman Nary will not be able to attend and I think you're going on vacation, is that correct? Bird: No, I'm not going until Friday. I'm going to try to attend, but I don't know. I'm not going until Friday, though. Meridian City Council Meeting September 16, 2003 Page 25 of 25 De Weerd: Okay. Well, I would assume that supporting the applicants that are there to testify in front of ITD on the importance of Ten Mile would be very helpful, so those of you that can join us, please, feel free to do so and with that. I will call for the question and all those in favor of adjournment, please, say aye. MOTION CARRIED: TWO AYES. ONE ABSENT. De Weerd: Meeting closed at 8:04. MEETING ADJOURNED AT 8:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ____________________________________ ______/______/______ TAMMY de WEERD, COUNCIL PRESIDENT DATE APPROVED ATTEST: _____________________________________ WILLIAM G. BERG, JR, CITY CLERK