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HomeMy WebLinkAbout2003 04-22 Meridian City Council Meeting April 22, 2003 The regular meeting of the Meridian City Council was called to order at 7:15 P.M., Tuesday, April 22, 2003, by Mayor Robert Corrie. Members Present: Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Will Berg, Ken Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird ___X__ Mayor Robert Corrie Corrie: All right. I will open the City Council regular meeting on Tuesday, April the 22nd, 2003, at 7:15 p.m. Sorry about the delay. At this time I would like to have roll-call attendance, please, Mr. Berg. Item 2: Adoption of the Agenda: Corrie: Okay. Welcome everybody here tonight. Not a big crowd, but it is a nice looking crowd, so – okay. Second on the -- is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the agenda as published. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. February 19, 2003 Approve minutes of City CouncilSpecial Meeting: B. February 25, 2003 Approve minutes of Pre-Council Meeting: Meridian City Council April 22, 2003 Page 2 of 28 C. March 11, 2003 Approve minutes of City Council Regular Meeting: D. March 18, 2003 Approve minutes of Pre-Council Meeting: E. April 8, 2003 Approve minutes of City Council Regular Meeting: F. Tabled from April 15, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 02-033 Request for annexation and zoning of 104.77 acres from RUT to R-8 PD zones for proposed Parkstone Subdivision by Hillview Development, Corp. – west of North Eagle Road and north of East Ustick Road: H. Tabled from April 15, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 02-049 Request for a Conditional Use Permit for a Planned Unit Development for 275 single-family dwellings, 52 townhomes, 4 office lots, 2 commercial lots, 1 mini- storage lot, 1 pocket park, 1 city neighborhood park and 32 Parkstone common lots on 104.77 acres for proposed Subdivision by Hillview Development, Corp. – west of North Eagle Road and north of East Ustick Road: I. Findings of Fact and Conclusions of Law for Approval: PP 03- 001 Request for Preliminary Plat approval of 15 building lots, 1 existing house lot, and 2 other lots on 9.996 acres in an R-4 zone Setter Cove Subdivision for by MKH Development, Inc. – east of North Locust Grove Road and north of East Ustick Road: J. Findings of Fact and Conclusions of Law for Approval: VAR 03-008 Request for a Variance for block length to exceed Setter Cove Subdivision maximum length of 1,000 feet for by MKH Development, Inc. – east of North Locust Grove Road and north of East Ustick Road: K. Findings of Fact and Conclusions of Law for Approval: CUP 03-002 Request for a Conditional Use Permit for an additional Meridian public school classroom building in an I-L zone for Academy by LKV Architects – 2311 East Lanark Street: L. Beer, Wine, and Liquor License Renewals: JB’s Restaurant – Beer and Wine The Cigarette Store – Beer Chevron Stores – Beer and Wine Whitewater Pizza & Pasta – Beer and Wine Applebee’s Neighborhood Bar & Grill – Beer and Liquor Meridian City Council April 22, 2003 Page 3 of 28 Fiesta Guadalajara – Beer and Liquor Chinatown’s Quik-Wok – Beer and Wine 127 Club – Beer and Liquor New Frontier Club – Beer and Liquor Smoky Mountain Pizza & Pasta – Beer and Wine El Tenampa – Beer and Wine Round Table Pizza – Beer and Wine Idaho Pizza – Beer and Wine Louie’s Pizza & Italian Restaurant – Beer and Liquor Johnny Carino’s Country Italian – Beer and Liquor Baja Fresh Mexican Grill – Beer and Wine Hark’s Corner – Beer and Wine Bangkok House – Beer and Wine Goodwood BBQ – Beer and Wine Harry’s Bar and Grill – Beer and Liquor M. Finance Report: Corrie: On the Consent Agenda we have a request to pull Item G for -- they want to discuss Item 3-G and the preliminary plat. There was a question on the Beer, Wine and Liquor License renewals -- Will, would you like to explain that one? Berg: Thank you, Mr. Mayor, Members of the Council. We had a beer and wine -- or, excuse me, a Beer and Liquor Renewal that came in a little late and this is our last meeting -- official meeting for the month and our renewals go through April 30th. They, apparently, didn't understand to get their application in, even though they are waiting for the county license for Friday approval. They do have their state license and everything is in order as far as that goes. So, we wouldn't issue any license until we have received the county license. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have no problem adding that on. Corrie: It's Tequila Grill. Use to be the -- Tequila Grill. That's one of those Italian restaurants. Berg: It's located on 2031 Fairview, Suite 103. It's right in the complex of Radio Shack and Smoky Davis and it was -- had an existing one. You had a transfer a month or two or three ago. Nary: Probably three months ago, Mr. Mayor. I remember seeing that. Yeah. I know the owner, just -- Meridian City Council April 22, 2003 Page 4 of 28 Corrie: Okay. Any other corrections or additions to the agenda? Okay. Then, I will entertain a motion on the Consent Agenda with the heading of Tequila Grill. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda, with the addition of the Grill to the Beer and Wine and Liquor license and also moving Item G to regular Item 5-G and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports: Corrie: Item No. 4 is the Department Reports. Any Department Reports at this time? Item 11: Continued Public Hearing from April 8, 2003: MI 03-004 Request to Boise Podiatry Building amend conditions of annexation for by Marshall Ogden – 1065 Fairview Avenue: Corrie: Items removed from the agenda, we do have Item G and, then, Council, with your approval, we have had a request by Dr. Ogden if he could move up Item No. 11 to right after the item on 5-A. He has to teach a class at BSU, I guess it is, and if you don't have any objection, we could do that and get him to class. De Weerd: Should we just hear him before 5-G? Corrie: We can if you like. Nary: No objection to hearing it before that. Corrie: Okay. Okay. Then, with that no objections, then, Mr. Ogden, if you would like to -- I'm going to open this continued Public Hearing and, then -- actually, what this is, it's just -- it's not a Public Hearing as such, it's to get the information from Dr. Ogden, what he wants us to do. So I will at this time open the continued Public Hearing from April the 8th, a request to amend the conditions of the annexation of Boise Podiatry Meridian City Council April 22, 2003 Page 5 of 28 Building by Marshall Ogden, 1065 Fairview Avenue. So, at time I will open the continued hearing and, Brad, do you want to say anything and, then, Dr. Ogden? Hawkins-Clark: Mayor, Members of the Council, I would just point out that we did submit a memo to the Council and Mayor at your request. As you may recall last meeting, there was not a specific outline of the annexation findings point by point so that you could see specifically which conditions Mr. Ogden was proposing to change and which ones weren't. So, Dave McKinnon in our office did go through that, submitted a memo that was received by the clerk on April 16th that went through the Findings of Fact and Conclusions of Law and for AZ 01-010 and we -- Dave did also meet Mr. Ogden out on the site to see what the existing conditions were and Dave kind of summarized that in his memo. Just -- there is three items there I think on -- starting on page two. The big ones are the landscaping, the sewer, and the sidewalk. Other than those three, the applicant is willing to comply with the original annexation findings, but what Dave has proposed to change there on that first landscaping item is, essentially, to allow the applicant, since they would lose several parking spaces if they constructed the required 30 foot wide buffer -- and we anticipate that that site would redevelop with the south, we are just recommending that they may provide a couple of trees now, but that any new construction with a request for a Conditional Use Permit will require complete conformance with the adopted landscape ordinance. Public Works also reviewed it and they have concurred that since sewer is 450 feet plus to the south, then the applicant should be allowed to continue with their septic and hook up at the time that that sewer becomes available from the southern property. And, then, the last item is the sidewalk. The current findings do require that a five-foot sidewalk be installed adjacent to Fairview. There are presently no sidewalks on the south side of Fairview within a quarter mile of this property in either direction. It's more than a quarter mile heading to the east. And that potentially they could construct also at the same time that the property redevelops in a more substantial manner than just using the existing facility. So, we felt that in order to avoid de-annexation, that these were reasonable alternatives to the Findings. Corrie: Thank you, Brad. Questions? This is a continued Public Hearing, so, Dr. Ogden, do you have any -- you can come up here and if you agree with what staff has made recommendations or if you want to be de-annexed or what is your pleasure? Ogden: Do you want me to give my name and -- Corrie: I'm sorry. I'm sorry. I'm thinking I want to get you out of here as quick as possible. Raise your right hand. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Ogden: Yes. Corrie: Give you name and address now, please. Meridian City Council April 22, 2003 Page 6 of 28 Ogden: Marshall Ogden. 7000 Plano Lane, Boise, Idaho. As Brad mentioned, I met with Dave and we reviewed all the things that were just described and I agree that that would be appropriate. We can conform to that. Corrie: Okay. All right. That would be your answer. Then, I would -- let Council decide how they want to do it and we will go from there. Thank you. Council, any questions? Okay. Since that was a Public Hearing, I will entertain a motion to close the continued Public Hearing. Nary: So moved, Mr. Mayor. De Weerd: So second. Corrie: Motion made and seconded to close the Public Hearing on Item No. 11, request amended condition of annexation for Boise Podiatry Building. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I wanted to express my appreciation to Brad and the staff of Planning and Zoning, as well as Dr. Ogden. This is exactly what we have been contemplating we should do and this is great that you were able to do that with meeting with the staff, this is how it's supposed to work. I think it's great. I think it's a good use for your property, as well as the city to kind of get things taken care of and allow some those changes on change of use in the future, so I think that's covered. That being said, I guess I would move the approval of MI 03-004, request to amend the Conditions of Annexation for Boise Podiatry Building by Marshall Ogden at 1065 Fairview Avenue, to include all staff comments and the report of April 22nd, 2003, and -- do we need to bring amended Findings, Mr. Nichols? Would that be appropriate? And that for counsel to provide amended Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. Thank you very much. Meridian City Council April 22, 2003 Page 7 of 28 MOTION CARRIED: ALL AYES. Item 5: (Items Moved from Consent Agenda) G. Tabled from April 15, 2003: Findings of Fact and Conclusions of Law for Approval: PP 02-033 Request for Preliminary Plat approval of 334 building lots and 34 other lots on 104.77 acres in a Parkstone Subdivision proposed R-8 PD zone for proposed by Hillview Development, Corp. – west of North Eagle Road and north of East Ustick Road: Corrie: Okay. Moving along to Item 5-G, taken off the Findings of Facts and Conclusions of Law for approval on the request for preliminary plat approval of 334 building lots and 34 other lots on 104.77 acres in a propose R-8 PD zone for proposed Parkstone Subdivision by Hillview Development Corporation, west of North Eagle Road and north of East Ustick Road. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. I guess ahead of time I apologize for not catching this beforehand, but there was on this Parkstone project, as you may recall, an agreement between the developer and a property owner to the south side of Ustick that they limit the townhouses that are on Ustick to one story in height and I felt that it was important to get that into the Findings. There is a letter attached to the back of the memo that you were given tonight that is from Becky McKay that was issued to John and Julie Blakeslee. This was March 13th and it does refer to the lots there that are all adjacent to Ustick, Lots 9 through 22 on Block 7. Those were the townhouse lots that would have the restricted story. So, I'm just requesting that this be added as a new item J. I have talked with Becky today and she told me verbally she was in agreement with this. Corrie: Okay. Council, questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On the Findings on page 18 there already is an item J, so -- is that substitution? Hawkins-Clark: Mr. Nary, no, that is actually a capital J. I think the one that's there is a small J, small case J. It's actually referring, I think, to a -- Nary: Oh, I see. So -- I see. So it would be -- Hawkins-Clark: It would be completely new -- Meridian City Council April 22, 2003 Page 8 of 28 Nary: A completely new one -- Hawkins-Clark: Right. Nary: -- from the previous one. Okay. I get it. I'm sorry. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would move that we approve the Findings of Facts and Conclusions of Law for approval of PP 02-033 for a preliminary plat of 334 building lots and 34 other lots on 104.77 acres in a proposed R-8 PD zone for Parkstone Subdivision, with the correction on the memo dated April 22nd, noting all structures on Lots 9 through 22, Block 7, as shown on the preliminary plat shall be restricted to a maximum height of 25 feet and ask the Mayor to sign and Clerk attest, with suspension of rules. Oh, I don't want to suspend the rules. I don't need to. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Okay. Thank you. Roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6: FP 03-018 Request for Final Plat approval of 49 building lots and 1 other Lochsa Falls Subdivision No. 4 lot on 14.5 acres in a R-4 zone for by Lochsa Falls, L.L.C. – northwest corner of North Linder Road and East McMillan Road: Corrie: Item No. 6 on the agenda is a request for final plat approval of 49 building lots and one other lot on 14.5 acres in an R-4 zone for Lochsa Falls Subdivision No. 4 by Lochsa Falls, LLC, northwest corner of North Linder Road and East McMillan Road. Staff comments. Hawkins-Clark: Mayor, Members of the Council, this is the fourth phase of Lochsa Falls Subdivision. The full preliminary plat is shown on the screen and, generally, this is in the center of their development. This particular phase does have 49 building lots. Staff has reviewed the final plat layout and other plans against the approved preliminary plat and as well as the landscape plan. We don't have any special conditions to point out. They are fairly standard site specific and general conditions. Here is a closer look at the Meridian City Council April 22, 2003 Page 9 of 28 layout. The one common lot that they are providing is here on this western edge of the phase, which they are improving with landscaping and a connection for pedestrians up through there to get up to their circular common lot area, as well as over to the 25 acre public park. I think with that, I'd just ask that our conditions in the memo be included in the motion. Corrie: Okay. Thank you. Any questions of staff? Is the applicant here tonight representing -- Becky, everything okay? McKay: Yes. Corrie: Let the record show she said yes. Okay, the Council, requests for final plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the request for the final plat approval on 49 building lots and one other lot on 14.5 acres in an R-4 zone for Lochsa Falls Subdivision No. 4 by Lochsa Falls, LLC, northwest corner of North Linder Road and East McMillan Road, the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and incorporate staff comments. Nary: Second. Corrie: Okay. There is a second. Any further discussion? Hearing none, roll-call vote, Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Final Plat 03-018 is approved. MOTION CARRIED: ALL AYES. Item 7: FP 03-019 Request for Final Plat approval of 29 building lots and 1 other Lochsa Falls Subdivision No. 5 lot on 9.33 acres in a R-4 zone for by Lochsa Falls, L.L.C. – northwest corner of North Linder Road and East McMillan Road: Corrie: Item No. 7 is a request final plat approval of 29 building lots and one other lot on 9.33 acres in an R-4 zone for Lochsa Falls Subdivision No. 5 by Lochsa Falls, LLC, northwest corner of North Linder Road and East McMillan Road. Comments first, staff. Hawkins-Clark: Mayor, Members of the Council, this next phase is immediately south of the one you just approved. It is on their very southern boundary of their approved Meridian City Council April 22, 2003 Page 10 of 28 preliminary plat. There are 29 building lots in this phase. We have recommended much of the same conditions. Their final plat is shown on the screen and it does comply with the approved preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on that last slide -- so will, on -- so when we see that again will these -- will Lochsa Falls ones be filled in so we know kind of where that's going? Because number four is right above that arrow -- or right under the arrow; correct? Hawkins-Clark: That's correct. Nary: And so one, two, and three are somewhere around there where it's been done, I assume? Hawkins-Clark: Correct. Nary: They are over in that area near -- I guess that's Linder; correct? Hawkins-Clark: Correct. Right. Nary: Okay. Hawkins-Clark: Yeah. The developer chose to begin building out from Linder to the west. Nary: I just wondered as we -- as we approve these phases when we see -- when we these maps, it's really helpful to me to see where the growth patterns are and I didn't know if that was part of what, eventually, we will see it that way. Hawkins-Clark: Right. Yeah. This map is showing all the approved preliminary plats, so are you saying you'd like to see just the final plats only, instead of the full preliminary plat layout? Nary: No. No. No. No. I'm just saying as we approve these final plats, so when these -- since we have approved these, won't they show up like all those others ones that are on the bottom there, that those are all approved and built, the colored ones? Hawkins-Clark: No. Actually, just those are just preliminary plats. Nary: Oh. Hawkins-Clark: This was just to kind of give you a sense for just the preliminary plat layout. Meridian City Council April 22, 2003 Page 11 of 28 Nary: Oh. Okay. Hawkins-Clark: It's certainly easy enough to show what's been preliminary, because you're right, this doesn't really give you a picture of build out. Nary: Yeah. And I just wanted it for the visualness, it helps to kind of get in your mind where the roads are and stuff. I mean it's not a big deal. Just wanted to -- Hawkins-Clark: Sure. Corrie: Thank you, Brad. Is the representative here tonight, do you have any conditions? Okay. Okay. Council, the request for final plat 03-019, Lochsa Falls Subdivision No. 5. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Since Mrs. McKay is so accommodating, is there anything else we can add in here or -- I guess not. That's fine. I guess I would move that we approve FP 03-019. Request for final plat approval of 29 building lots and one other lot on 9.33 acres in an R-4 zone for Lochsa Falls Subdivision No. 5 by Lochsa Falls, LLC, at the northwest corner of North Linder Road and East McMillan Road, to include all staff comments and for Council to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? You're right, Mr. Nary, Congress does that on amendments and bills right at the last minute. I guess we could. Nary: Pork barrel. Corrie: Pork Barrel. Yeah. All right. No other discussion, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All yeas. Final plat 03-019 is approved. MOTION CARRIED: ALL AYES. Item 8: FP 03-020 Request for Final Plat approval of 43 building lots and 3 other Lochsa Falls Subdivision No. 6 lots on 11.08 acres in a R-4 zone for by Meridian City Council April 22, 2003 Page 12 of 28 Lochsa Falls, L.L.C. – northwest corner of North Linder Road and East McMillan Road: Corrie: Item No. 8, Final Plat 03-020, request for final plat approval of 43 building lots and three other lots on 11.8 acres in an R-4 zone for Lochsa Falls Subdivision No. 6 by Lochsa Falls, LLC, northwest corner of North Linder Road and East McMillan Road. Staff comments first. Hawkins-Clark: Mayor, Members of the Council, this phase is -- fronts on Linder Road. It is generally in the middle of their project. I guess I forgot to mention on the previous two, we had received written comments from the applicant on all three of these Lochsa Falls final plats and they have -- they are in the record they do state that they will comply with all of our recommended conditions. Other than that, I don't think there are any other special conditions to point out. The landscape plan is -- was recommended for approval. The one revision on this is to revise a note number ten to show that one of the lots is not a buildable lot. Corrie: Thank you, Brad. Questions of Brad? Mrs. McKay, any comments? McKay: No. Corrie: Okay. Thank you. Request for final plat approval of 03-020. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve FP 03-020, the request for final plat approval of 43 building lots and three other lots on 11.08 acres in an R-4 zone for Lochsa Falls Subdivision No. 6 by Lochsa Falls, LLC, attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, including staff's comments, and also let it be known that the nonbuildable lot is Lot 25, Block 1 in the site specifics. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All ayes. Request for final plat approval 03-020 is approved. MOTION CARRIED: ALL AYES. Meridian City Council April 22, 2003 Page 13 of 28 Item 9: FP 03-021 Request for Final Plat approval of 24 building lots and 2 other Baldwin Park No. 4 lots on 5.5 acres in a R-8 zone for by Capitol Development - north of West Ustick Road and east of North Linder Road Corrie: Item No. 9, Final Plat 03-021, request final plat approval of 24 building lots and two other lots and 5.5 acres in an R-8 zone for Baldwin Park No. 4 by Capital Development, north of West Ustick Road and east of North Linder Road. Staff's comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, this final plat is the fourth in Baldwin Park. The screen is just showing phase one. Phase two was immediately north of that. Phase three was here on the south side and, then, they are coming in with phase four north of phase three up here generally in the center of their project. The plat -- we have received written comments back from Briggs Engineering, Steve Arnold, who just had one correction to our staff report, which we agree with, and that's on item number six on page two. It's referring to the fencing on the amenity lots. As you may recall, this is the -- this is the developed that has the linear open space behind the -- behind the lots, so that continues on throughout their subdivision and the applicant has agreed to restrict the fencing back there to be no higher than four feet if the fence is solid or site obscuring. So, that correction should be on the second to the last line on item number six, should say Lot 21, Block 6, not Lot 6, Block 21. I think that's all the specific conditions to point out. Everything else is pretty pro forma on that final plat. Corrie: Okay. Any questions of staff? Is the representative of Baldwin Park here this evening? Do you have any -- agree to what they have said is okay? Yorgason: We agree and there is no further -- Corrie: Why don't you come up here? I need to have your name. Yorgason: My name is Dave Yorgason with Capital Development and, no, we do not have any further comment. I appreciate the change in the lot number on condition number six. Corrie: Thank you. Yorgason: Thank you. Corrie: Any questions? Thank you. Okay. Discussion? Hearing none, I will entertain a motion for the request for final plat approval 03-021, on Baldwin Park Sub. No. 4. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council April 22, 2003 Page 14 of 28 De Weerd: I move we approve FP 03-021, request for final plat approval of 24 building lots and two other lots on 5.5 acres in an R-8 zone for Baldwin Park No. 4, with the correction to item six identifying in the last sentence Lot 21, Block 6, and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded for the motion to Baldwin Park -- or, excuse me -- yeah. Baldwin Park No. 4. Any further discussion? Hearing none, roll- call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. All yeas. Request for final plat is approved. MOTION CARRIED: ALL AYES. Item 10: MI 03-005 Request for amendment to the Development Agreement for Cherry Lane Project the remnant 2.88 acres zoned office-light for the by Oakwood Enterprises – east of North Ten Mile Road on West Cherry Lane: Corrie: Item No. 10, request for amendment to the development agreement for 2.88 acres zoned light -- office-light for Cherry Lane Project by Oakwood Enterprises, east of North Ten Mile Road and West Cherry Lane. At this time staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This development agreement the applicant is proposing to amend is -- pertains to the 2.88 remnant parcel that is outlined there on the north side of Cherry. Devlin Place Subdivision is immediately to the north. Chateau Park is just further up here off the screen north of Devlin. You may recall, this was an original -- I think like 25, 28-acre parcel that Chateau Park was a part of, with the two Devlin Place Subdivision phases. There have been now for, what, I guess a little over a year this balance of the property that's on Cherry that, technically, is still under the terms of the development agreement that was entered into with the DD&F, the name of the corporation that originally came through with the development agreement in 1998. It was recorded April 6th, 1998. There has been -- when Devlin came through, the agreement was amended to allow Devlin Place No. 2 to come in, as well as remove the requirements for a Conditional Use Permit on all development on the property. However, there still remained some of the terms that applied to senior care facility that was originally intended to go on the southern five to six acres, so what we have before you tonight is a request by Oakwood Enterprises, LLC, who has now taken title of this last piece of this original parcel and they are requesting several changes to the development agreement and I have outlined those in my memo that you have before you. The majority of the conditions that they are proposing to strike we agree with. They apply to the senior facility. They apply to requiring any conditional use, dedication of the park plan, et cetera, so it's basically just Meridian City Council April 22, 2003 Page 15 of 28 cleaning it up. There are a couple of changes to Exhibit B of the original development agreement that staff is not in full agreement with. I don't think there is anything that's significant there. Mainly, item number 17 and 20 on page two of the staff report deal with pressurized irrigation system on this last piece, as well as the requirement for a sidewalk and, essentially, as I understand it, they have a problem with a site restriction just not being able to install a pump, so it's mainly -- it's not that they are not going to provide underground sprinkling system or pressurized irrigation service to the site, it's just how it's worded there. On that item number 17, I'm going to let Brad Watson speak to that quickly. Watson: Mr. Mayor and Council Members, on item number 17, I think, from what I have been told, the concern was that they would have to build a brand new separate segregated pressurized irrigation system, whereas we want them to hopefully connect to the Devlin Park Subdivision system. If we could modify that comment to be developer shall construct and install a PI system, not including a separate pump system and, then, carry on from there, because we do want them to utilized surface water and not use city water as a primary connection and perhaps the applicant can speak to that some more. That's all I have. Corrie: Thank you, Brad and Brad. Repeating myself. Brad and Brad. Council do you have any questions of staff? Bird: I have none. Corrie: Is representative of the developer here? Do you agree with the staff and everything and, if you don't, let us know that you don't. Larsen: My name is Cornell Larsen. I'm here tonight representing the applicant. My address is 210 Murray in Boise. We want to talk a little bit about item number 17. We don't have a problem hooking up to pressured irrigation. We had talked to the Nampa-Meridian Irrigation District and they do have a pressure stub on the north boundary. They did say we could utilize that. We were a little bit concerned that if something came up that we couldn't utilize that, that we would have to build a whole separate system and we don't have a way to really waste water after we take it out of the ditch, because we do not have a waste drainage ditch to go to. So, our concern was -- or our request was that if we could leave that a little bit loose until we get Nampa- Meridian tied down, we are still intending to provide pressure irrigation, it's just an area that always concerns us, if we can do that off of another system. And, then, the other item -- I wasn't sure on the five foot sidewalk between the 12 foot fire lane on the east side. We were -- we do have a sidewalk across the front of the property that we were planning on leaving in. I do have some site plans and floor plan elevations if you guys would like to see those, what we are proposing to do with that project. And the last item, we had a -- wanted to make sure we understood was under the proposed first amendments -- addendum amendments, which is item 1.4. We are planning on tiling all the irrigation ditches per city ordinance, so we don't have a problem with that. And I could pass these out if you'd like to see these. Site plans. What we are looking at Meridian City Council April 22, 2003 Page 16 of 28 doing with the site is we have five buildings planned there. They are coming off the access road off of Cherry Lane into the project and we are proposing to do building number three first and, then, the other buildings as they typically lease. Floor plan wise, we have a fairly simple floor plan that has basically a two tenant concept where we have one tenant on one side and one tenant on the other side of that central dividing wall. And, elevation wise, they are kind of a residential design, with the stone and stucco on them to try to blend in as much as possible with the surrounding neighborhood. And I would be happy to answer any questions if you have any. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Mr. Larsen, what type of -- are you talking light office like doctor offices and those kind of things? Larsen: Excuse me. Yeah. I guess -- Nary: St. Al's down the street. Larsen: Doctor's offices and office in general, typically. Anything that would basically fit in the L-O zone we would be interested in looking at. Nary: Did I misunderstand? I thought I saw something in here about concerns about either CUP or some limitations of the L-O zone. Did I misread that? Larsen: There may have been some under the previous development agreement, but what we were looking for is just the opportunity to use the L-O zone in its state as it exists in the city right now. Nary: Yeah. I just know that sometimes in a development agreement we will put some limitations and certain things we may exclude from that. Was there any of that discussion at all? Larsen: I don't believe -- Nary: Or, no, we do that -- Hawkins-Clark: Mr. Mayor and Councilman Nary, no, there was -- the condition just said everything will require a Conditional Use Permit. Nary: Okay. And that is still in here or not? Hawkins-Clark: Well, they are proposing to eliminate that. Nary: Oh. Meridian City Council April 22, 2003 Page 17 of 28 Hawkins-Clark: So, that it would just be a limited office -- as long as they comply with the setbacks and ordinance on L-O. Nary: And I see that 2-B -- okay. Thanks. Corrie: I evidently missed -- on that 1.4, existing drainage. Staff does not agree to strike, retains -- what did you say again? I'm sorry. Larsen: I think staff's intent there was that we tile all the open ditches and we are in agreement with that. Corrie: Oh. Okay. Larsen: It didn't look like on our site plan when we talked that that ditch was shown as piped and if you look at it you can see it still looks like an open ditch. It would be our intent to pipe that ditch. Corrie: Thank you. Council, any questions? Bird: I have none. Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: If I could also add that I was just reminded that they are intending to plat this piece, so you would see it again in terms of the subdivision process, potentially. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess one more question, Brad. On the L-O -- you know, part of -- I think on the original development, because it was all one owner, initially, was the fact that there weren't houses there when all this was initially agreed to and what you're saying is when the staff agrees to take out the CU portion, it's because the L-O -- all the L-O uses are going to be compatible with all those homes that are already there. Is that right? So shouldn't have any issues and the buffering is adequate to meet all that. I guess I just didn't want to end up with some sort of shopping, you know, sort of facility in here and, then, having the neighbors coming back saying, well, wait a minute, we weren't expecting this, there is a drive-thru or something else that we have to deal with later. That's not going to be an issue? Hawkins-Clark: No. They are also required, through our landscape ordinance, provide buffers between land uses, so, for example, 20 feet separation is just a straight Meridian City Council April 22, 2003 Page 18 of 28 ordinance, that we wouldn't need the conditional use process to get that that buffer in there. Nary: The 20 feet, if you look right there and that doesn't seem like a lot. That's my only concern, is that since those existing homes, when this was really contemplated, there were no existing homes here. And I really care only because I live right there, so - - because these people live, you know, right there where this is going to be developed, but it sounds like everybody is going to be comfortable with that, so that's fine. I'm sure most of them do, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that in an L-O that most -- most of what's allowed in an L-O, that -- without a CUP, is very neighborhood friendly, so -- Nary: And I would concur. I just wanted it on the record that I think we at least had that conversation about it. Bird: And I appreciate that, Bill. At least you're up front and honest about it. Corrie: Okay. Any other questions? Okay. Thank you. Larsen: Thank you. Corrie: Any other discussion? Bird: I have none. Corrie: Then, I will entertain a motion for the request for the amendment to the development agreement. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will attempt this. It might take a couple tries, but we will go after it. I would move that we approve MI 03-005, request for Amendment to the Development Agreement for the remnant 2.88 zoned office-light for Cherry Lane project by Oakwood Enterprises, east of North Ten Mile Road and on West Cherry Lane, incorporate staff comments, staff replies, and also applicant's comments and applicant's replies, for the attorney to draw up the Findings of Facts and Conclusion of Law and Decision of Order. Nary: Second. Meridian City Council April 22, 2003 Page 19 of 28 Corrie: Motion has been made and seconded on the request amendment of development agreement of Cherry Lane Project. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: All yeas. Request for amendment is approved. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 03-003 Request for annexation and zoning of Timberfalls 14.31 acres from RUT to R-8 zones for proposed Subdivision by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Item 13: Public Hearing: PP 03-002 Request for Preliminary Plat approval of 50 building lots and 6 other lots on 14.31 acres in a proposed R-8 zone for Timberfalls Subdivision proposed by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Item 14: Public Hearing: VAR 03-011 Request for a Variance to Section 12-4-5 of the Meridian Subdivision Ordinance requiring blocks to be not less than Timberfalls 400 feet and not more than 1,000 feet in length for Subdivision by Dan Wood – south of East Ustick Road and west of North Locust Grove Road: Corrie: We have had Item 11. Now, we are on Item 12, 13, and 14, and I will ask that if there is no objection of Council, we will open the Public Hearing on all three items, since they are on Timberfalls Subdivision by Mr. Dan Wood. I will open the Public Hearing on the request for annexation and zoning of 14.31 acres from RUT to R-8 zone for proposed Timberfalls Subdivision by Dan Wood. Also I will open the Public Hearing on the request for preliminary plat for approval of 50 building lots and six other lots on 14.31 acres for a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood. And also the Public Hearing on the request for a variance to Section 12-4-5 of the Meridian Subdivision ordinance requiring block to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision by Dan Wood, south of east Ustick Road and west of North Locust Grove. If there are no objections, the Public Hearing we will take testimony on all of them at one time, if you'd like, and save us from having to swear in all these people out here again. So, I will open the Public Hearing and invite staff's comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This parcel is requesting annexation and zoning, as you noted, to an R-8 zone, which is the existing zoning of the abutting properties. It's on the south side of Ustick Road, more or less halfway between Meridian Road and Locust Grove Road. Bedford Place Subdivision is on the west, Granite Creek Subdivision is on the east, and Finch Creek Subdivision is Meridian City Council April 22, 2003 Page 20 of 28 on the south. Finch Creek I guess isn't called out, but that's located here to the south. The property is just over 14 acres in size, more or less an in-fill parcel that remains. As you can see from this diagram, there are three stub streets that are abutting the property that they are proposing to extend into their parcel. The Comprehensive Plan shows the entire area as medium density residential, so the R-8 zone does comply with that. We find that the lot sizes and the frontages, et cetera, that they were proposing are compatible with these surrounding subdivisions. The Onweiller Lateral -- I guess you can't see it too well on the aerial photograph. It is piped, actually, adjacent to the entire southern boundary, just an existing agricultural piece of ground. On the preliminary plat request they are proposing to take one single point of access off of Ustick Road to enter into the subdivision. As I mentioned before, they are showing to extend the stub streets out of Granite Creek and Finch Creek and Bedford Place. They did submit an alternative compliance request to our office prior to submitting. The ordinance does allow staff to grant reductions in required street buffers if they meet certain conditions and in this case they would have had to do a 25 foot street buffer landscaping on Ustick, but the properties both to the east and the west have currently 20, so we did agree that they could just match up with what's currently there on Ustick to the east and the west, so they are proposing a 20 foot, instead 25. They are providing about seven -- a little over seven percent usable open space area. Most of that here in the center of the project, where they have a 1.3 acre open space lot that has pedestrian points of access into it from the north and from the east and from the south. It does have residential lots more or less all the way around it. When you come into the subdivision they do provide an extension of that open space, so that you can have sort of a visual corridor into that area. The Planning and Zoning Commission, as you may have read in the minutes, did discuss some of the staff conditions and the applicant has agreed to provide -- I guess this slide shows it a little better, the open space area. They have agreed to provide a hard surface connection from the street -- public street sidewalk to enter into the open space from all four sides. I think the main recommendation from the Planning and Zoning Commission to point out is item number seven on the recommendation on page two. It talks about the 35 foot wide Onweiller easement that's in favor of Nampa-Meridian Irrigation District and that is along this whole southern boundary and they have shown -- it's not reflected on this landscape plan, but they have shown a separate common lot that will serve for the irrigation maintenance road, so that would shorten up the depth of these lots along the south. They are required to get a license agreement with Nampa-Meridian to encroach. So over 20 feet of these south -- of these lots would have a landscape -- I'm sorry, an irrigation easement within them, the portion of it that's going to be used by Nampa- Meridian's irrigation maintenance folks would not be, of course, but -- so we would just ask that they submit that license agreement to us and if they can't obtain it, then, it would require modification of the plat. Then, the last item is the Council's favor type of application, variances for block lengths, and this subdivision has two of them, again. The red arrow is a minimum -- they are below the 500 foot minimum and the blue arrow is exceeding the thousand and because it is an in-fill parcel, in order for them to utilizes the existing stub streets, they were found -- we did an analysis and found that they actually do meet the required variance findings as this for those two block lengths. The revised plat, by the way, is dated March 10, 2003, by Johnson Engineering. The Meridian City Council April 22, 2003 Page 21 of 28 Planning and Zoning Commission did see that revised plat before making their recommendation to you. Thank you. Corrie: Thank you, Brad. Questions of Brad? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, that piece that sits up there in the northeast corner, I take it that is not being -- that must be the property owner of this property's home now. It's going to be another county enclave for us? Hawkins-Clark: Mr. Bird, that's correct. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, is the zoning on the other -- the adjacent parcel -- or the adjacent subdivision, are they all R-8 or are they R-4? Hawkins-Clark: They are all R-8. Nary: Okay. And I didn't notice discussion at the Planning and Zoning minutes regarding this sort of a hidden park there in the middle of the subdivision. Was there any discussion -- I just didn't notice it, but it seems like just such narrow pathways that, really, the only access -- the people that are going to use this open space is really these people here. I mean these people aren't going to even be where they can -- they will get to it, but I mean it's almost hidden from everyone else, so is there any discussion much about that? Hawkins-Clark: Mr. Nary, I didn't read also through the entire minutes, but I don't believe there was much discussion about the design and configuration of the open space. Nary: Thank you. Corrie: Any other questions? Okay. Is the representative of the subdivision here this evening? Nickel: Mr. Mayor and Council -- Corrie: Raise your right hand. Is the testimony you are about to give the Council the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 22, 2003 Page 22 of 28 Nickel: Yes, sir. Corrie: Name and address, please. Nickel: Shawn Nickel, 52 North 2nd Street in Eagle. Mr. Mayor and Council, we met and worked with your staff and Planning and Zoning Commission, the highway district, the irrigation district, we are in agreement with all the recommended -- or the recommendations to you this evening. I'm not going to elaborate on anything, other than to address your specifics questions. First of all, Council member Bird, that out-parcel was not -- is not part of this property, so we have no control over the annexation of that. Typically, we do annex those out-parcels that we create or that we have. Regarding the park, Council member Nary, one thing we agreed to with the Planning and Zoning Commission and with staff early on was to pave portions of those pathways, so that residents outside that area know that that is a pathway that goes somewhere. We also have agreed to do four foot high fencing along the backs to kind of open up the park a little and in the -- as you come into the site you can look right into the park and that's why it kind of has that rectangle right there at the corner. So, we believe that we have provided a usable -- for the entire subdivision, not for those people in that center block. I think the Planning and Zoning Commission has agreed upon that, because they didn't really discuss the layout of the park, other than fencing and the pathways to it. I would stand for any other questions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And my assumption is it's just grass right in there? Nickel: Yes. Nary: There is nothing else in there, except grass? Nickel: No. Nary: Okay. Corrie: Thank you. Any other questions? Nary: I'm sorry, Mr. Mayor, I did have one more. You said that out parcel, that's not -- that's not the property owner of this piece? Nickel: No. Nary: Okay. Corrie: Thank you. Meridian City Council April 22, 2003 Page 23 of 28 Nickel: Okay. Thank you. Corrie: Is there anyone else that would like to issue testimony? It become quiet, Dan. Okay. Okay. Hearing none, Council, any other questions or discussion with the Public Hearing open? Bird: I have none, Mayor. Corrie: Okay. Then, I will entertain a motion to close the Public Hearing on Items 12, 13, and 14 of Timberfalls Subdivision. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we close the Public Hearing on AZ 03-003, 03-002, and 03- 011. Corrie: Okay. Is there a second? Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on request for annexation and zoning, preliminary plat, and request for variance. Any further discussion? All those in favor say aye. Opposed no.? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: We will take these one at a time, then. Item No. 12 is the request for annexation and zoning. Discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no discussion, I would move that we approve AZ 03-003, request for annexation and zoning of 14.31 acres from RUT to R-8 zones for proposed Timberfalls Subdivision by Dan Wood, south of East Ustick Road and west of North Locust Grove Road, and to corporate staff comments, applicant comments, and 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 for the request for annexation and zoning. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Meridian City Council April 22, 2003 Page 24 of 28 Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. Corrie: Okay. MOTION CARRIED: ALL AYES. Corrie: Number 13, Public Hearing -- excuse me -- request for preliminary plat for Timberfalls Subdivision by Dan Wood. Any further discussion? Hearing none, I'll entertain a motion -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 03-002, request for preliminary plat approval of 50 building lots and six other lots on 14.31 acres in a proposed R-8 zone for proposed Timberfalls Subdivision by Dan Wood, south of east Ustick Road and west of North Locust Grove Road and the revised plat -- preliminary plat date is March 10th, 2003, and to incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded to approve the preliminary plat of Timberfalls Subdivision. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I didn't have a problem annexing this property, but in looking at this plat, I think it is a -- I think it needs another run through the pencil. That park on the inside is silly. It doesn't work for me. It's almost -- it's not a pocket park. It's a hidden park. I mean nobody is going to be able to use that that doesn't live adjacent to it very easily. I think they made a good attempt to put pathways, but I still don't think it's enough. I kick myself -- I voted for lots of these things, I kick myself the next day, I'm not going to kick myself this time, I'm not going to vote for it and I don't care if the three of you want to vote for it, it's fine, it's not the worst thing in the world, but it just doesn't work for me. I don't think it really meets the needs of what we have tried to do with some other ones that are a little bit more creative and have a little bit more work put into them to provide some open -- usable open space for people. So, I'm not going to kick myself tomorrow on this one. Bird: Mr. Mayor? Meridian City Council April 22, 2003 Page 25 of 28 Corrie: Mr. Bird. Bird: And I agree with you wholeheartedly, Bill, because I don't think that's probably -- but that is probably the low area where they need the drain. I can go back here and show you a whole bunch of subdivisions in Meridian that's green space because of that. Hopefully, that between Dan and Shawn they can maybe come up with some creativity between now and then. But I agree with you, I mean to me it isn't a park, but it meets the ordinance. Nary: And my final comment is -- and I have voted for a lot of them, but the next day I went: I don't know what I was thinking. So, I'm not going to do it this time, I'm not going to vote for it, I think it needs more work, but it's not the -- it's fine. Corrie: Any other discussion here. Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, nay; de Weerd, yea; Bird, yea. Corrie: Okay. Motion for preliminary plat is approved. MOTION CARRIED: THREE AYES. ONE NAY. Corrie: Item No. 14 is a request for a variance of Timberfalls Subdivision by Dan Wood. Discussion? Hearing none, I'll entertain a motion for the request. Bird. Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the variance 03-011, request for variance to Section 12-4-5 of the Meridian subdivision ordinance requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Timberfalls Subdivision by Dan Wood, south of East Ustick Road and west of North Locust Grove Road, for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and implement staff and applicant comments and little note to the end of this, I hope this gets changed and we don't have to pass another one of these variances. I hope they can be done at staff level. McCandless: Second. Corrie: Motion has been made and seconded with the noted -- Bird: Comment. Corrie: -- comment. Mr. Nary. Meridian City Council April 22, 2003 Page 26 of 28 Nary: Yeah. I would agree with Mr. Bird. It seems like we should put them on the consent agenda from now on until we change the ordinance, but I'm not going to vote for the variance, since I didn't vote for the plat. I really do hope that by the time we see this as a final plat we'll see something a little more -- so -- Corrie: Okay. Thank you. Roll-call vote, Mr. Berg. Roll-Call: McCandless, yea; Nary, nay; de Weerd, yea; Bird, yea. Corrie: Thank you. Motion to approve the request of the variance. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Water, Sewer and Trash Delinquencies: Corrie: Delinquency and turn-off schedule for April 23rd, 2003. Watson: Mr. Mayor? Corrie: I'm sorry. Yes. Brad. Watson: I'm sorry, if I may. Could we just get a second date in there? Two dates -- two turn-off dates, the 23rd and the 30th. Corrie: Okay. Delinquency and turn-off schedule for April the 23rd, 2003, and April the 30th, 2003. Thank you, Brad. This is to inform you in writing, if you so choose, you have the right to a predetermined hearing at 7:00 o'clock -- 7:30 p.m., Tuesday, April 22nd, 2003, before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel and your service will be discontinued on April 23rd, 2003, or April the 30th, 2003, excuse me, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, or trash delinquency? Hearing none, 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 do appeal, your water will be shut off. The amount of the turn-off list is $30,217.68. Council, you have seen the delinquency turn-off list. What is your pleasure? In other words, I will entertain a motion to either do it or -- and I can't make a motion, I was informed this afternoon, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the turn-off delinquency list and turn-off date of April 23rd, 2003, and also April 30th, 2003, in the amount of $30,217.68. Meridian City Council April 22, 2003 Page 27 of 28 Nary: Second. Corrie: Motion has been made and seconded of the approval of the delinquency turn- off schedule. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Setting Public Hearing Date for the Budget: Corrie: Item No. 16 is last on the agenda, the setting of a Public Hearing date for the budget. Discussion? Mr. Berg, do you any discussion? Or anybody? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, you know, we have been somewhat consistent on doing it the last week in August, but I think that's worked well and so that would be my proposal. Corrie: 26th of August. Any objection to the 26th of August? Bird: I have none. Nary: Is that adequate for all the notice things and all that? Berg: Mr. Mayor, Members of the Council, it gives us a week if we have to redo some things from what was approved at the hearing and to prepare the ordinance that the attorney needs to prepare in the next -- the next week, which would be Tuesday, the 5th. De Weerd: Okay. I'd make a motion that we set August 26th, 2003, as the date for our budget hearing. Bird: Second. Corrie: All right. Motion is to set the Public Hearing date for the budget on August 26, 2003. Any further discussion? Hearing none, all in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: The budget for the public hearing is dated August 26. Yes. Mrs. de Weerd Meridian City Council April 22, 2003 Page 28 of 28 De Weerd: Before our liaison to ACHD leaves, I thought I -- I just had a couple of questions on Overland. Not time schedule or anything like that, but I thought at one of our joint meetings with ACHD we had discussed attached versus detached sidewalks and they said that they would, where possible, detach the sidewalks and, as I understand it, they are attached the whole way. Is there any chance you can look into that for us? Okay. Yes. If you could just bring that back next week? Is that an appropriate request? Thanks. Corrie: Let the record show the applicant -- or the person from ACHD is agreeable to all those conditions. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would move that we adjourn at 8:25. It is 8:25. McCandless: Second. Corrie: I heard a second. It was a weak one, but I heard it. McCandless: It wasn't weak at all. Corrie: All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) __________________________ ______/______/______ ROBERT D. CORRIE, MAYOR DATE APPROVED ATTEST: _____________________________________ WILLIAM G. BERG, JR, CITY CLERK