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HomeMy WebLinkAbout2003 08-19 Meridian City Council Meeting August 19, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:12 P.M., on Tuesday, August 19, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Keith Bird, Tammy de Weerd, and Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, and Dean Willis. Item 1. Roll call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird __X__ Robert Corrie Corrie: All right. I will open the regular City Council Meeting, Tuesday, August 19, 2003, at 7:12 P.M. in the City Council Chambers and I would ask roll call attendance by the City Clerk at this time. Item 2. Adoption of the Agenda: Corrie: All right. The second item is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we adopt the agenda as published, with the exception that the Mayor would like to have as Item Number 11 Executive Session. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda with the addition of Item Number 11, Executive Session. Any other discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. July 17, 2003 Approve minutes of City Council Budget Workshop: B. July 18, 2003 Approve minutes of City Council Budget Workshop: C. August 5, 2003 Approve minutes of City Council Regular Meeting: Meridian City Council Meeting August 19, 2003 Pg 2 of 13 D. August 5, 2003 Approve minutes of Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: CUP 03-025 Request for a Conditional Use Permit for a bank facility Idaho Banking with a drive-thru window in a C-C zone for Company by Idaho Banking Company – 1875 South Eagle Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-031 Request for a Conditional Use Permit for an educational facility in a 9,058 square foot tenant space in an existing building in University of Phoenix an L-O zone for the by the University of Phoenix – 2950 East Magicview Drive: G. Findings of Fact and Conclusions of Law for Approval: RZ 03- 007 Request for a Rezone of .165 acres from R-4 to O-T zones nd Schroeder Apartments for by H. John Cook – 921 West 2 Street: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-026 Request for Conditional Use Permit to remove existing house and construct four apartments, 2 story with bedrooms on upper level, and four single garages attached in a proposed O-T nd Schroeder Apartments zone for by H. John Cook – 921 West 2 Street: I. Findings of Fact and Conclusions of Law for Approval: AZ 03- 013 Request for annexation and zoning of 79.77 acres from RUT Kelly Creek Subdivision to R-8, C-G and L-O zones for proposed by Kevin Howell Construction – northwest corner of North Linder Road and West McMillan Road: J. Findings of Fact and Conclusions of Law for Approval: PP 03- 014 Request for Preliminary Plat approval of 213 building lots and 15 other lots on 79.77 acres in proposed R-8, L-O and C-G zones Kelly Creek Subdivision for proposed by Kevin Howell Construction – northwest corner of North Linder Road and West McMillan Road: K. Findings of Fact and Conclusions of Law for Approval: CUP 03-028 Request for a Conditional Use Permit for a Planned Unit Development for 213 residential units, 34,200 square feet for office uses and 35,790 square feet for commercial uses for proposed Kelly Creek Subdivision by Kevin Howell Construction – northwest corner of North Linder Road and West McMillan Road: Meridian City Council Meeting August 19, 2003 Pg 3 of 13 L. Findings of Fact and Conclusions of Law for Approval: AZ 03- 012 Request for annexation and zoning of 24.004 acres from R1 Carol Subdivision to R-2 zones for by The City of Meridian – west of North Eagle Road and south of East Ustick Road: M. Sewer and Water Main Easement – Bodily RV Center: N. Memorandum of Agreement with Community Planning Association of Southwest Idaho for Joint Funding on Aerial Photos: Corrie: Next is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda and for the Mayor to sign as published. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: 1. Havasu Creek Subdivision Street Name Change. Corrie: Item Number 4 is Department Reports. I believe Gary has one department report. Smith: Thank you, Mr. Mayor, Council Members. We have a request from the developer of Havasu Creek Subdivision. It was recently recorded with an incorrect street name. That street name was recorded as East Trinity Springs Street and the developer now wishes to change that street name to East Grand Canyon Street. The Ada County Engineer will not initiate this change on the recorded plat without having City Council first approve of the change, and so there is a memo -- you should have -- hopefully you have a memo to this extent. The street name, Ada county street name Meridian City Council Meeting August 19, 2003 Pg 4 of 13 committee, has approved it, as shown on the attached sheet to the memo. That's the crux of the request is for Council to approve of the street name change that has been approved by the Ada County Street Name Committee, so that the Ada County Engineer can make the change on the plat. Do you have any questions that I can answer? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Do you want a motion now to get that -- everything is proper and everything? Smith: Yes, sir. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the street change as requested by the Havasu Creek Subdivision developer from East Trinity Springs Street to East Grand Canyon Street and have the City Engineer forward this name change to the County Engineer with City Council approval. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there further discussion? All in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Smith: Thank you. Corrie: Thank you, Gary, very much. Any other department reports? Powell: No. Corrie: Thank you. Item 5. (Items Moved from Consent Agenda) Item 6. Ordinance No. : AZ 03-012 Request for Carol annexation and zoning of 24.004 acres from R1 to R-2 zones for Subdivision by The City of Meridian – west of North Eagle Road and south of East Ustick Road: Corrie: All right. Item Number 6 is Ordinance Number 03-1037, request for annexation and zoning of 24.004 acres from R-1 to R-2 zones for Carol Subdivision by the City of Meridian City Council Meeting August 19, 2003 Pg 5 of 13 Meridian, west of North Eagle Road and south of East Ustick Road. At this time I'd like to have the city clerk read Ordinance Number 03-1037 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. I wish to apologize if I butcher anybody's name on this title. Thank you. Ordinance Number 03-1037, if you would like to read along with me. An Ordinance finding that the owners of certain real property, William W. Calhoun and Sherri D. Calhoun, husband and wife; Russell E. and Dorris E. Martin, husband and wife; Frank E. Youngstrom and Barbara L. Youngstrom, husband and wife; Dieter W. Wisemann and Celia P. Wisemann, husband and wife; Walter R. Johnson and Virginia L. Johnson, husband and wife; Dennis G. Brockway and Mary Louise Brockway, trustees for the DMB Family Trust; Douglas J. Mellor and Ra Nae Olson Mellor, husband and wife; William H. Ball and Mary Lynne Ball, husband and wife; Marlin R. Glaesemann and Beverly J. Glaesemann, husband and wife; Raymond J. Kane and Judy L. Kane, husband and wife; Maureen E.W. Boyle, a married person as her sole and separate property, Connee M. Bently, an unmarried person as her sole and separate property; Walter C. Williams and Roberta J. Williams, husband and wife; Julie A. Brandt, an unmarried woman; James F. Hatmaker and Patsy Y. Hatmaker, husband and wife; Telford C. Brock, Jr., and Charlyn M. Brock, husband and wife; Kent R. Smith and Tami P. Smith, husband and wife; Janine L. Helms, a single person; James A. Lau and Linda M. Lau, husband and wife; Gerry R. Morisette and Helen J. Morisette, husband and wife; Clifford E. Bissell and Phyllis S. Bissell, as co-trustees of the Clifford and Phyllis Bissell Trust under trust agreement dated January 14, 1991, and their substitutes and successors as trustees thereunder, and Bruce A. Dyer and Stella L. Dyer, husband and wife, is generally located west of North Eagle Road and south of East Ustick Road, Meridian, Idaho, which is known as Carol Subdivision, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Rural Low Density Residential District (R-2) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. I'm sorry. Corrie: You did a wonderful job, Mr. Clerk. I commend you on that. Is there anyone from the public who wants to keep it alive, want to read the ordinance in its entirety? We got through that. We did get through that. Hearing none, I will entertain a motion on the request for the ordinance. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting August 19, 2003 Pg 6 of 13 McCandless: I move that we approve Ordinance Number 03-1037, request for annexation and zoning of 24.004 acres from R-1 to R-2 zones for Carol Subdivision by the City of Meridian, west of North Eagle Road and south of East Ustick Road, with suspension of rules. Nary: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried for the ordinance. MOTION CARRIED: ALL AYES Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was just going to mention to Mr. Berg, before it was printed there is a little scrivener's error that I think you can correct. Between -- in the title between Wisemann's name, it says ND, which makes it look like it's someone's initials, but it's really an and. I think you can simply correct that before the publication. Berg: Yes, we will. Thank you. Item 7. FP 03-042 Request for Final Plat approval of 30 building lots and 7 other Timberfalls Subdivision No. 1 lots on 14.31 acres in an R-8 zone for by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Corrie: All right. Item Number 7 is a request for Final Plat approval of 30 building lots and seven other lots on 14.31 acres in an R-8 zone for Timberfalls Subdivision, excuse me, Number 1 by Dan Wood, south of East Ustick Road and west of North Locust Grove Road. At this time I would like to have Anna. Powell: Mr. Mayor, Members of the Council, just as an introduction to this item and the next item, Timberfalls Subdivision is along Ustick Road about a half-mile east of Meridian Road. We do have two plats before you today, kind of different sections of the approved Preliminary Plat. This is the layout for Plat Number 1. The plat is in substantial conformance with the approved preliminary plat. On the staff report you may have noticed there was -- the recommendation was for approval, with the stipulation that a license agreement must be obtained between the applicant and the North Meridian Irrigation District prior to City Council approval. They were able to Meridian City Council Meeting August 19, 2003 Pg 7 of 13 secure that arrangement this afternoon. You have what you need to go ahead and make a decision tonight. That ends staff's presentation. Corrie: Okay. I see Dan Woods just coming into the -- welcome, Dan. You're up. Dan, I mean. You're up, Dan. Or somebody is. I'm sorry. nd Nickel: Mr. Mayor and Council, Shawn Nickel, 52 North 2 Street in Eagle. I'll stand for any questions. We did get that at the last minute, an agreement with the Nampa- Meridian Irrigation District. Corrie: And you're agreed with all the items and everything? Nickel: Yes. Corrie: Okay. All right. Any questions of Shawn? De Weerd: I should have one, but I can't think of -- Corrie: Well, I'm going to have to apologize to Dan, but we will do that after we vote on this. Nickel: That's what he gets for being late. Corrie: All right. Thank you. Then, I will entertain a motion on the Final Plat. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the final plat for 30 building lots and seven other lots on 14.31 acres in an R-8 zone for Timberfalls Subdivision No. 1 by Dan Wood and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded to approve the final plat on Timberfalls Subdivision No. 1. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Final Plat is approved. MOTION CARRIED: ALL AYES Item 8. FP 03-043 Request for Final Plat approval of 19 building lots and 3 other Timberfalls Subdivision No. 2 lots on 14.31 acres in an R-8 zone for by Meridian City Council Meeting August 19, 2003 Pg 8 of 13 Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Corrie: Item Number 8 is a request for final plat approval of 19 building lots and three other lots on 14.31 acres in an R-8 zone for Timberfalls Subdivision No. 2 by Dan Woods, south of East Ustick Road and west of North Locust Grove Road. Anna. Powell: Mr. Mayor, Members of the Council, in an effort to have the shortest staff presentation ever -- ditto. Corrie: Thank you. De Weerd: Ditto for Shawn? Corrie: Shawn? Ditto on Shawn. Okay. Let the record show ditto on Shawn. Council, any questions of anybody on the -- De Weerd: Oh, I can't say ditto on my motion. Corrie: No dittos. De Weerd: Okay. Mr. Mayor, I'd like to move that we approve the Final Plat for 19 building lots and three other lots on 14.31 acres in an R-8 zone for Timberfalls Subdivision No. 2 by Dan Wood and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded for approval of Final Plat on Timberfalls No. 2. Any further comments? Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for approval is made. MOTION CARRIED: ALL AYES Item 9. FP 03-044 Request for Final Plat approval of 65 building lots and 12 Castlebrook Subdivision other lots on 24.21 acres in an R-4 zone for No. 2 by Centennial Development, LLC – North Black Cat Road and El Gato Lane: Corrie: Number 9 is request for Final Plat approval of 65 building lots and 12 other lots on 24.21 acres in an R-4 zone for Castlebrook Subdivision No. 2 by Centennial Development, LLC, North Black Cat Road, and El Gato Lane. Anna. Meridian City Council Meeting August 19, 2003 Pg 9 of 13 Powell: Mr. Mayor, Members of the Council, as a refresher, Castlebrook Subdivision is located off of Black Cat Road about a half mile south of Cherry Lane, as you can see there. This portion of the plat is -- as you can see, the canal goes -- or the lateral going through there. There were some adjustments made from the preliminary plat, mostly in reference to that lateral and how services were being entered there and some micropaths, but we have worked all those out. The applicant does bring up one condition of approval that was of concern and that's Number 6 on Page 3. It currently says revised six foot vinyl and underscored or cedar fencing around perimeter of subdivision to six foot vinyl. This says vinyl fencing is required to match the fencing as approved in phase one. The applicant has indicated that they did have a mix of vinyl and cedar fencing. That if we could just revise that to take out the first reference -- or the second reference to six foot vinyl and just say around the perimeter of the subdivision to indicate that vinyl fencing is required to match the fencing as approved in Phase 1. I think it was just a question of what was along the roadway was vinyl and the cedar was on the -- the other perimeter locations, but -- did that change make sense? The applicant just wants the flexibility to do what we did in Phase 1 and have it match, so I think we can handle matching what's already occurred. Corrie: Okay. Any questions of Anna? De Weerd: Just only if she wants to make the motion. Corrie: Is the applicant here tonight or representative? Beecham: Hi. Scott Beecham, 405 South 8th Street in Boise. Really, no testimony to add, just that we are in agreement, with the exception noted by Anna. And I will stand for any questions. Corrie: Okay. Any questions from Council? Bird: I have none. Corrie: Okay. Thank you. Beecham: Thank you. Powell: Mr. Mayor, Councilwoman de Weerd, would you like me to read that sentence completely for the record, so that you don't have to repeat it for your motion? De Weerd: I think whomever -- yes, whoever makes the motion can just include your suggested change regarding the fencing on Item 6, Page 3. Powell: Okay. Corrie: Okay. Anna, would you do that. Meridian City Council Meeting August 19, 2003 Pg 10 of 13 Powell: Sure. Revise six-foot vinyl or cedar fencing around perimeter of subdivision to indicate that vinyl fencing is required to match the fencing as approved in Phase 1. Corrie: Thank you. We conclude you're going to give the motion, so -- De Weerd: I like what Bill Nary does. Nary: You brought it up. De Weerd: He always makes the changes -- Corrie: Mr. Nary. Nary: I was just going to say -- okay. I'll move to approve FP 03-044, the request for final approval of 65 building lots and 12 other lots on 24.21 acres in an R-4 zone for Castlebrook Subdivision No. 2, by Centennial Development, LLC, North Black Cat Road and El Gato Lane, pursuant to all staff comments, and the comment tonight by Mrs. Powell, and as agreed to by the applicant, and for staff to prepare Findings of Facts and Conclusions of Law, Decision and Order. Bird: Second. Corrie: All right. Motion has been made and seconded. Any further discussion? Hearing none, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is carried. MOTION CARRIED: ALL AYES Item 10. Water, Sewer and Trash Delinquencies: Corrie: The next is a -- to inform you in writing, if you so choose, that you have the right th to a predetermined hearing at 7:30 P.M., Tuesday, August 19, before for Mayor and City Council. To appear in person to be judged on the facts to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel. th Your service will be discontinued on August the 20 and/or August 27, 2003, unless payment is received in full. Is there anyone present who wished to contest his or her water, sewer, and trash delinquency? You are hereby notified 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 do appeal, your water will be shut off. The amount of the turn-off list is $27,101.89. Council, your pleasure? Have them not turned off and give them another month. None of us are on there, if that's what you're looking for. Bird: I didn't want to make any -- Meridian City Council Meeting August 19, 2003 Pg 11 of 13 Corrie: I have already looked. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we approve the delinquency for water, sewer, trash discontinued on thth August 20 or August 27, unless payment is received. The amount is $27,101.89. McCandless: Second. Corrie: Motion has been made and seconded to the turn-off schedule. Any further discussion? Hearing none, all those in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: While we are on that, you know, our delinquency amount has sure come down. I think that's -- kind of reflects back on our employees and personnel, because it wasn't too long ago that we was up in the 40's and 50,000 dollars in delinquencies and the last couple three months have been pretty decent. Item 11. Executive Session. Corrie: Thank you. Item Number 11 is the Executive Session. I would like to go -- if you so vote, to go into Executive Session on personnel issues. McCandless: Mr. Mayor? Corrie: McCandless. McCandless: I move that we go into Executive Session according to Title 67-A. Corrie: Okay. Is there a second? B. McCandless: A. Nary: A or B. 2345-1 A or B -- Bird: I will second. Meridian City Council Meeting August 19, 2003 Pg 12 of 13 Corrie: Okay. Motion has been made and seconded. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. We are going into Executive Session for a short period and, then, we will be out. MOTION CARRIED: ALL AYES (Enter into Executive Session) (Return from Executive Session) Corrie: I’ll entertain a motion to come out of the Executive Session. Bird: So moved. De Weerd: Second. Corrie: Motion has been made and second to come out of Executive Session. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Corrie: I want to remind everyone again that there’s lunch tomorrow and if you can make Krispy Kreme if you can’t I’ll bring a dozen back with me. De Weerd: Well don’t eat them all save some of them. Corrie: I won’t. Okay I do have one thing sorry. On the ZGA, you all got that letter from them. Do we want to go ahead with that update on the survey? I think they’re talking about 479 about 10,000 dollars. Nary: I think we do. Bird: I do. Corrie: Okay then I’ll put that on the – Nary: The agenda item – I think since we’re spending some money we probably should put it on – Corrie: On the agenda item. I’ll just tell them we will get it on the agenda. Nary: Yes Consent. Meridian City Council Meeting August 19, 2003 Pg 13 of 13 Corrie: The Consent Agenda. Then I’ll call Mike. Okay with that being said, I’ll entertain a motion to close the Regular City Council Meeting. McCandless: So moved. De Weerd: Second. Corrie: All those in favor say aye. All ayes motion carried. Meeting closed at 10 minutes to eight. MEETING ADJOURNED AT 7:50 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK