Loading...
HomeMy WebLinkAbout2003 06-10 Meridian City Council Meeting June 10, 2003 The Regular Meeting of the Meridian City Council was called to order at 7:10 P.M., on Tuesday, June 10, 2003, by Mayor Robert Corrie. Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, Cherie McCandless, and Keith Bird. Others Present: William Nichols, Brad Watson, Brad Hawkins-Clark, Anna Powell, Bill Musser, Dean Willis, and Will Berg. Item 1. Roll Call Attendance: __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird ___X__ Mayor Robert Corrie Corrie: We will now go into the Regular City Council Meeting on Tuesday, June 10, 2003, at 7:10 P.M. and at this time I'd like to have the City Clerk have roll call, please. Item 2. Adoption of the Agenda: Corrie: Okay. Thank you. I'd invite everybody that's here tonight to say thank you and we will go right on through this and maybe get you out before 10:00. We will shoot for that. All right. Council, the second item on the agenda is adoption of the agenda. We do have an addition on Item Number 4, Department Reports, as Item C needs to be added for Planning and Zoning Director's report. Are there any other corrections or addition? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Probably just in case there was anyone for the Public Hearing on Items 15, 16 and 17, just to note that there has been a request for a continuance -- and I don't know if there is anyone here for that. Since, potentially, we will continue it, I don't want them to sit here for the whole meeting until we got to that, so -- other than that, I don't have any other requested changes. Corrie: Okay. Thank you. Okay. Then, I will entertain a motion to adopt the revised agenda. Bird: So moved. McCandless: Second. Meridian City Council Meeting June 10, 2003 Page 2 of 41 Corrie: Motion has been made and seconded to adopt the revised agenda. All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. May 13, 2003 Approve minutes of Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 03-018 Request for a Conditional Use Permit for a bank with Washington Trust Bank drive-thru in an I-L zone for by Russ Wolfe – south of East Presidential Drive and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: MI 03- 008 Request for sales office / model home in an R-4 zone for Inglenook Model Home by Inglenook Development – 2720 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: VAC 03-002 Request to vacate existing easements in Crestwood Havasu Creek Subdivision No.s Subdivision No. 1 by the plats of 1, 2, and 3 by Farwest, LLC – west of North Locust Grove Road between West Ustick Road and West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: MI 03- 007 Request to construct a temporary private road for the Fairview construction of Phase 2 in C-G, R-40, and C-N zones for Lakes by Fairview Lakes, LLC – 824 East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-014 Request for a Conditional Use Permit for a reduction of approved 192 unit apartment to 96 units and allow 55,000 square Fairview Lakes foot office park for by Fairview Lakes, LLC – 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-013 Request for a Conditional Use Permit to modify operational hours and change building placement from original Cherry Crossing approved CUP in a C-N zone for by Hawkins Companies – northwest corner of West Cherry Lane and North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 03-016 Request for a Conditional Use Permit for a craft store and Meridian City Council Meeting June 10, 2003 Page 3 of 41 The Library coffeehouse in an O-T zone for by Craig Rittenhouse – 141 East Carlton: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-019 Request for a Conditional Use Permit for the demolition of one of the two existing buildings and replacing with one new New building for the same use – child care in a C-C zone for Horizon Child Care by New Horizon Child Care – 1830 North Meridian Road: J. Sewer and Water Main Easement for Krispy Kreme Subdivision: K. Water Main Easement for Sanitary Services – north of West Franklin Road and west of North Linder Road: L. Sewer and Water Main Easement for Sundance Subdivision No. 2: M. Sewer and Water Main Easement for Bridgetower Crossing Subdivision No. 3: N. Streetlight Agreement for Sutherland Farms Subdivision No. 1: O. Streetlight Agreement for Meadow Lake Village (aka Touchmark Subdivision): P. Streetlight Agreement for Lochsa Falls Subdivision No. 1: Q. Streetlight Agreement for Lochsa Falls Subdivision No. 2: R. Streetlight Agreement for Lochsa Falls Subdivision No. 3: S. Stellar Technologies, LLC, Agreement – Installation of anaerobic wastewater treatment apparatus: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Meridian City Council Meeting June 10, 2003 Page 4 of 41 Corrie: Motion has been made and seconded to approve the Consent Agenda, any further discussion? Hearing none, roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Adopt the Consent Agenda. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Meridian Police Department: 1. Discussion of Grant Award with Cpt. Bill Musser: Corrie: Item Number 4 is Department Reports. The first is the Police Department, Meridian Police Department discussion of grant award. Captain Bill Musser, so Mr. Musser. Excuse me. Captain Musser. Musser: Mr. Mayor, Members of the Council, what I have brought to you this evening and passed out earlier, are copies on a grant award the Police Department has managed to secure in the sum of 256,500 dollars. This aware is through the Federal Government and basically administered out to the Idaho State Police on it. What I'd like to do is just to have the Council and Mayor be able to review this and possibly have it for consideration next week as to whether or not it's something that the Council would like to pursue and authorize the Mayor to sign on to continue with. At the backside of the grant award notice, there is also an abstract which I completed in reference to this project, it's entitled Project Safe Neighborhood Grant Proposal Abstract. It, basically, outlines what we are looking to do with this grant, which basically is a two prong approach for gun violence reduction in terms of firearm safety and awareness and prevention for teenage suicides involving firearms, as well as victimization interdiction utilizing Boys and Girl Clubs of Ada County to help prevent juvenile victimization and to stop any further victimization of the juveniles that have already encountered it. Basically, the overall concept revolves around having a crime prevention specialist position, coupled with that of another elementary school resource officer position, and we are hoping to partner on this fully with the school district, with St. Luke's Hospital Meridian, with the Boys and Girls Club of Ada County. Then, we are also looking for assessment evaluation towards the end of this two-year grant program with Boise State University Criminal Justice Department helping us out with the evaluation on the program. I guess a couple of other things that I did want to note in reference to the main grant award sheet signed by the director of law enforcement. It does note that the st dates on this run October 1 -- or, excuse me, October 1, 2003 through September 30, 2006. I did circle that. That should be '05. They made a typographical error and there are new originals coming over from the director's office with the correct dates on it. It is only a two-year grant it is not a three-year one. We do have limited match on this. It Meridian City Council Meeting June 10, 2003 Page 5 of 41 didn't have a match requirement. However, there are certain things that were excluded, so we would have about, if I remember correctly, 5,875 dollars that the city would have to commit to and that amount would also continue through in about the same amount for the second year. Then, there was one other error that we had as we get into the -- into the budget report that was submitted to the state when we first broke this down. Originally, we had 6,000 dollars in equipment and that would be capital and there is a -- there are two of the city budget breakdown sheets that are attached to your packets those do have the correct figures on it. It should be only a title of 5,000 for that capital. There was a reduction of 1,000 dollars in there as it went through all of this and, other than that, I hope that you would entertain the information we have provided for you and we can deal with your questions now or next week as well on it after you have had a chance to consider this. Corrie: Okay. Thank you, Bill. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Bill, I didn't notice in the information, but is there a deadline here that we need to keep at the forefront here? I mean I don't see a problem with it, but I didn't know if there was a deadline that we need to kind of make on -- Musser: The deadline we have is technically by the end of this month. However, they are aware that they did make an error on the cover sheet and we can't really sign that improper cover sheet or one that has errors on it, so that gives us a little bit of an extension here. We would like to kind of try to pursue it as soon as possible on it, but, again, I leave that to the Council and Mayor's pleasure on that. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: This is another reason to have a Monday meeting. Corrie: Just add that to that Monday Meeting. Okay. We will add that to the meeting th Monday, the 16. It will be a short meeting, very short specific meeting, and we will not be having Council Tuesday night, because we will all be in Coeur d'Alene, so -- when is the Chief coming back, Bill? th Musser: He will be back in on the 16. Mayor: Okay. Meridian City Council Meeting June 10, 2003 Page 6 of 41 Musser: You and I and him have a 10:00 meeting. Corrie: That's right. How I forget. Okay, any other questions of Bill at this time? Bird: I have none. B. Public Works Department: 1. Discussion of Observation Point Subdivision – Exception to Final Plat Notes Regarding Lot 2, Block 2: Corrie: Next is the Public Works Department, discussion on the Observation Point Subdivision exception to Final Plat notes regarding Lot 2, Block 2. Brad. Watson: Thank you, Mr. Mayor and Council Members. This is a somewhat unusual issue, just a little background on it. There is a lot in Observation Point, the southwest corner, it's south of the Ridenbaugh Canal, and when it was recorded one of the plat notes stated that no Building Permit could be issued on that lot. The reason for that, if you have read this memo, hopefully, that gives you a little background on it -- there was no sanitary sewer service to it without a lift station and that's how that got in there. Elliott Sheffield of R.F. Custom Homes, I believe, is representing Victory 41, the developer, who is hoping to simply replace the existing house that is on that lot. It is, evidently, a caretaker's house and that's what it would continue as. They have proposed a -- I think about a 1,150 square foot replacement house. The other plat note that is a bit troublesome is that it requires a minimum -- let me see -- 2,100 square feet house in that subdivision. I spoke with Mr. Nichols about this and I guess this is at least our initial step in getting it before Council. I could see no other way to interpret that plat note or those plat notes in order to issue a Building Permit. I haven't met Mr. Sheffield I have only talked to him on the phone. Well, he's here, evidently. He could probably answer any additional questions you might have, but I'm here, too, if you have any for me. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council, one of the reasons for bringing this in front of you is to look back at what was in the intent of the Council when the plat note was placed on that particular lot. It's a very large lot and I think there was some consideration that it might be further subdivided or might be a commercial use or might be some other use. You didn't want to have a bunch of houses on there that couldn't be sewered and you didn't want to have a commercial use on there that couldn't be sewered, so the request has come, as it did outside of what at least was contemplated for that lot at the time that that subdivision was approved. That's why it's at least for your discussion to see how you want staff to handle it. The proposal would be that the house would be connected to city water it's just that they would maintain their septic system. I think that one compromise might be that so long as it's owned by the current Meridian City Council Meeting June 10, 2003 Page 7 of 41 owner that the septic system could continue, that sort of thing. It would be an exception to the existing ordinance. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I just had a question for Mr. Nichols. For the plat note, what they are asking for is, essentially, an amendment or an exception to the plat note. Would we need to have a hearing about that, so that we can provide adequate notice and -- I guess I just can't remember what process we -- Nichols: Councilman Nary, Members of the Council, I think that's what we have done, we have got one that will come before you on Packard Subdivision No. 2 to remove a plat note. This is likely not one that will generate any public interest, but it's preservation and integrity of process, but we didn't even want to go there if it was the kind of thing where we said, well, there is no sense in entertaining the issue. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me I recall some of that was also in question as the sewer capabilities and I think some additional work was done by the developer to bring more capacity on line is that correct, Brad? I'm relying on my memory on that one. Watson: Council Member de Weerd, Mayor, and Council Members, that's kind of a yes and no answer to your question. They changed from their original concept of serving that whole subdivision by gravity sewer, sort of in midstream, because they would have had some sewer that was over 30 feet deep. We talked with them they, eventually, installed a lift station east of the Ridenbaugh Canal. Conceivably, this particular lot could be sewered to that lift station, but it would -- it would involve a bore under that canal and be quite expensive. This particular piece of property, this lot, is designated on our master plan to go into the future Black Cat Trunk to the west. We don't really want it going over to that lift station anyway, but -- De Weerd: It seems what our attorney has given us an option on sounds very reasonable. I don't have any problem with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting June 10, 2003 Page 8 of 41 Nary: Yes. I guess the only other thing I would like to -- I'd like to at least make sure there isn't any objection to that, so perhaps some type of notice or something like that -- because I don't -- I guess those neighbors across the canal, I guess if they have some concerns -- I don't know what it would be, but some notice, so they have some opportunity to be heard before we simply amend it, I think that would make the most sense to me. At least we are covered, so that later on somebody can't come back and say we didn't know it and -- otherwise, I don't think have any problem with it. Corrie: Well, then, we can put it on the agenda. Okay. Do you have anything that you'd like to say on that? Sheffield: No, sir, I don't have anything in particular, but if you have any questions I would be glad try to answer them. Corrie: Usually, we have you come up here and talk up here, so that we get it on the record. Sheffield: I don't have anything in particular to add to that, but if there were any questions or concerns, I would be happy to try to clarify anything. Corrie: Okay, y our name and address just for the record. Sheffield: My name is Elliott Sheffield. Address is 1872 North Haven Cove. Corrie: All right. Thank you. Okay. Then, we will notice that in the change. C. Planning and Zoning Report. Corrie: Okay. Item C was added, Planning and Zoning Report. Anna. Powell: Mr. Mayor, Members of the Council, I will be brief. Sorry to put this on at the last moment, but I wanted to get this out to you before you attend the AIC Conference, because I think a lot of your counterparts throughout the county heard -- will be hearing about this and may question you about it, so that's why I want to get it out to you. This was a presentation done yesterday, it was organized by Ada County Development Services, and this fellow came in and talked about this piece of software. They are a nonprofit corporation that has developed this and it runs on top of Arc View, which is the database -- geographic information data base that everyone in the county is using currently. It kind of sits on top of that and it's really a planning tool. It does three main things. It's a scenario constructor, so if you've got kind of different scenarios of development, say a North Meridian Area Plan versus the existing Comprehensive Plan, it can compare how those two would affect public service extensions, how it might impact school development, how it would affect just the overall density of the area. Depending on the input that you have in that model -- and it's set up for easy input of those parameters, then, you can compare those alternatives really quite easily. It was -- it was almost too good to be true. I kept on trying to figure out what the flaw was. The Meridian City Council Meeting June 10, 2003 Page 9 of 41 other thing it does is it's a policy simulator, which can help to forecast the different affects, so like if the policy was -- right now, it's eight units per acre minimum within the neighborhood centers. We wanted to increase that to 15 units per acre, again, it could show you the affects of that policy or if you want to say something in regards to the sewer and water lines and how that may affect it. Now, it can't model like the Public Works Department does, but it gives just, for planning purposes, really gross modeling of how those projects may affect. That would be the other thing you can go to the specific project that people give and some -- if you gave them the layer standards for an auto cad drawing. Then, we could import those directly in, so that when a subdivision came in, we could, basically, pull it right into this program and show how it would impact the city. The last thing it can do is to help you do a 3-D imaging for a specific area and, in particular, like a downtown area, you can go in and put model frames, so that as you are looking for design standards downtown, you may say, okay, we want two stories minimum. Then, you can step back and go up additional stories and you can add those wire frame buildings in fairly easily and, then, it will do a fly by or a drive by of that simulation. It, really, is just an analytical tool. It's only as good as the information we put into it and the great thing about it is that you don't have to just put one number in it and leave it that way. If people say, okay, we want to preserve prime farmland, you can put that and make that input at a Public Hearing on for like a comprehensive plan and see how it affects the plan right, then, and there. You don't have to go away for two weeks and, then, come back with the results so it's very immediate. There is training for staff available. It was cheap relatively to other things that deal with Arc View. He was talking seven or 800 bucks for a couple days of training versus, you know, a couple thousand dollars. The software itself was not very expensive. It goes -- it ranges from 1,000 dollars for universities per computer that it sits on, up to 5,000 dollars for land use consultants. I think Ada County said that theirs would be looking at about 3,000 dollars per computer that it was installed on. Again, relative to Arc View, it's quite inexpensive. The reasons for that is because it's a nonprofit organization that's committed to helping smaller cities develop good communities, is basically their goal. They did provide us with a DVD. It's not a CD that you can run on most computers around here. It's -- but there is a DVD that we can give to you if you want to look at it. They also have a website, which is www.communityviz.com, which is probably in that information I gave you. That's a copy of their brochure. Again, the reason I wanted to bring this up tonight is that two of the Ada County Commissioners were at this presentation and were quite excited about it. I do believe Ada County is looking at it, Susan Eastlake from ACHD was there and was quite excited about it, and also Maryann Jordan from the Boise City Council was there and had, actually, talked to me about kind of wouldn't it be exciting if everybody got this software all at the same time. I did want you to know that it was out there if somebody starts asking you about it. We will be looking into it further and trying to budget for it if possible, because it does look like an exciting planning opportunity and the ability to keep some of our consulting money and do those projects ourselves, rather than hiring a consultant to do some of that for us. Corrie: Very good. Thank you, Anna. Appreciate that heads up. I'm sure we will hear about it. All right. Thank you, any questions, Council? Okay. Thank you. Meridian City Council Meeting June 10, 2003 Page 10 of 41 Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from Consent Agenda. We have none. Item 6. FP 03-031 Request for Final Plat approval of 55 building lots and 6 other Cobre Basin Subdivision No. 2 lots on 19.71 acres in an R-4 zone for by Havasu Creek, LLC – south of East McMillan Road and east of North Meridian Road: Corrie: So I'd go to Item Number 6. Excuse me. This is a Final Plat approval of 55 building lots and six other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No. 2 by Havasu Creek, LLC. We will first have staff comments. Powell: Mr. Mayor, Members of the Council, staff is recommending approval of this Final Plat as being consistent with the Preliminary Plat approved for Havasu Creek. It is located in this area right here. As you know, there has been Cobre Basin plats coming down this way and, then, Havasu Creek plats coming this way and it is kind of converged in this corner back here to the west and this portion at the south is still to be developed. Staff only has one change to the conditions of approval and that's on Item Number 20 regarding plat note Number 10 that should -- that note should be deleted completely. There was no Development Agreement with this Preliminary Plat, so that note is inappropriate. You will find a letter from the applicant agreeing to all the conditions of approval, including that change I just noted. Corrie: Thank you, Anna, any questions of staff? Bird: I have none. Corrie: Is the applicant here tonight? Yes. Just ask you the question if you have any other statements to make? Okay. All right, any questions from Council? Hearing none, I'll entertain a motion, then, on the request for Final Plat approval. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the request for Final Plat approval of 55 building lots and six other lots on 19.71 acres in an R-4 zone for Cobre Basin Subdivision No. 2 by Havasu Creek, LLC. South of East McMillan Road and east of North Meridian Road, and to implement all staff comments and testimony here and for the attorney to draw up the proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for Final Plat FP 03-031, any further discussion? Hearing none, roll call vote, please. Meridian City Council Meeting June 10, 2003 Page 11 of 41 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye . Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 7. FP 03-032 Request for Final Plat approval of 37 building lots and 2 other Quenzer Commons lots on 9.48 acres in an R-8 (PD) zone for Subdivision No. 2 by Brighton Development Company, LLC – west of North Locust Grove Road and north of East Ustick Road: Corrie: Item Number 7 is FP 03-032, request for Final Plat approval of 37 building lots and two other lots on 9.48 acres in an R-8 PD zone for Quenzer Commons Subdivision No. 2 by Brighton Development Company. Staff. Powell: Mr. Mayor, Members of the Council, again, we are recommending approval of this Final Plat as being consistent with Preliminary Plat approval for Quenzer Commons, also known as Heritage Commons. The project is in this area right here. It's nestled up to this curb right here and goes down to about there. This is an open space lot with those other residential lots that were platted, nestled in right there. The proposed Final Plat is consistent with the Preliminary Plat and staff did have a couple changes to the conditions of approval. On Item Number 6 where it says, add a note to the face of the plat showing minimum residential house size for this development is 1,001 square feet it should be 1,101 square feet. On the second bulleted item, we are asking that you add reference to the recorded Development Agreement. This would make it consistent with Quenzer Commons Subdivision No. 3 that we went through last week. We had asked them to do a -- also note the instrument number, as well as the Conditional Use Permit number and, likewise, similar to Quenzer Commons Subdivision No. 3, which you approved last week, we are asking that on plat note -- or on condition of approval number ten you add a statement that if decorative street lighting is proposed, the applicant shall enter into a streetlight agreement with the city. Corrie: Okay, any further questions of staff? Is the applicant here this evening? Davies: We have no comments for -- Corrie: Name and address, please, just for the record. Davies: Yes. Jason Davies with Engineering Northwest. Corrie: Okay. Fine. Thank you. Okay. Council, do you have any other questions? Hearing none, then, I will entertain a motion on the request for Final Plat approval of Quenzer Commons Subdivision No. 2. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 12 of 41 Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 37 building lots and two other lots on 9.48 acres in an R-8 PD zone for Quenzer Commons Subdivision No. 2, with -- to include all staff comments with the changes noted as well to Item Number 6, noting the change from -- or to 1,101 square feet. Also, reference to the recorded instrument number and, on Number 10, the added statement regarding streetlights. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Final Plat approval on Final Plat 03-032, any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion for the Final Plat approval is approved. MOTION CARRIED: ALL AYES Item 8. TE 03-005 Request for a one year Time Extension to record the Final Intermountain Outdoor Sports Subdivision Plat and Variance for by Gerry Sweet – 1375 East Fairview Avenue: Corrie: Item Number 8. This is TE 03-005, request for a one-year Time Extension to the recording of the Final Plat and Variance of the Intermountain Outdoor Sports Subdivision by Gerry Sweet, 1375 East Fairview Avenue. Staff comments. Powell: Mr. Mayor, Members of the Council, the applicant, as you know, has closed business at this location and has -- did not pursue the plat at this time, but he has indicated that he does have an interested buyer that would like to keep that plat option open, so he has requested the Time Extension. I do want to point out that the Time Extension is just for the plat, not for the Variance. The Variance does run with the land, so -- Corrie: Thank you, Anna, any questions of staff? Is the applicant or representative here this evening? Don't see Gerry, so -- okay. I'll entertain a motion on the request for a one-year Time Extension. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting June 10, 2003 Page 13 of 41 Bird: I would move we approve the request for a one-year Time Extension to record the Final Plat Variance for Intermountain Outdoor Sports Subdivision by Gerry Sweet, 1375 East Fairview Avenue and the extension goes to July 1st, 2004. McCandless: Second. Corrie: Motion has been made and seconded to approve request for Time Extension, any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think the request is to June 4, 2004. Bird: June 4th? Nary: Yes. Bird: Okay. June 4, 2004. That's fine with me. Corrie: Okay with the second? McCandless: Okay. Corrie: Okay, any other discussion? Roll call vote, please. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES Item 9. Continued Public Hearing from May 13, 2003: Dust Abatement Ordinance: Corrie: Item Number 9 is a Continued Public Hearing from May 13, 2003, Dust Abatement Ordinance. At this time I will continue the Public Hearing and ask staff comments first. Powell: It makes me laugh every time I see that. Mr. Mayor, Members of the Council, this was a continued hearing. Brad presented a rather lengthy staff report, so I'm not going to go into details. Just to remind you that the discussion centered around -- one was enforcement and, two, kind of what were the other communities and the county doing or what was COMPASS doing and how did we relate to that. We contacted June Ramsdell, who is with COMPASS, Community Planning Association, and right now, Meridian City Council Meeting June 10, 2003 Page 14 of 41 they have no time frame for presenting any sort of valley wide covered load ordinance, which was one of the provisions in this -- in this ordinance. The fact that we were opting out of participation in the MTDES or the MS-4, we were not an MS-4 community, means that there is no federal mandate to control track-out control provisions and that was another kind of component of that ordinance. Then, therefore, the code is not needed to meet guidelines set by the federal government, those three groups that signed the letter in your packet, ACAR, AGC, and BCA, have stated that they will not support the ordinance. Finally, there is little support from COMPASS at this point for this, because it doesn't have the teeth that they'd like to see, even though they are not pursuing their own air quality ordinances or Dust Abatement Ordinances, they felt like they couldn't give a whole lot of backing to ours. We are at this point, where we haven't got much support and we know we are going to have opposition from the developers, the building community, as well as the real estate community concerning the stock piling and grading portions of the proposed ordinance. Because it's not needed to meet any federal guidelines so, there is your update on how it complies. Corrie: Okay. Okay, any questions of staff? Anna is there anyone from the public that would like to issue testimony at this time? Okay. Hearing none, Council, any comments on what you want to do on the record? Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I just want to remind the Council that this whole issue came before the Council at COMPASS's urging. I mean they put out a draft Dust Abatement Ordinance, which didn't make sense -- I mean it didn't work and Mr. McKinnon, in particular, spent a lot of time trying come up with something that might work in Meridian. It's -- just to refresh your memory, that this whole thing was placed on staff's agenda for drafting because of some things that were issued by COMPASS, which at the time there was great urgency on their part, just a little historical background. Corrie: I think the record should show that I have a meeting Monday and we are going to discuss that. Okay, any other discussion on the Public Hearing? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we are going to -- you know, I realize that we can't pass the Abatement Ordinance now, but I feel that -- the agreement that we got to have one countywide, that -- we got to have one that's countywide that we – everything. All the entities live under the same rules, because -- to be fair to your developers and your builders and stuff. I would -- I would move that we continue this Public Hearing to July 15, 2004 -- or 2003. Man, I'm getting a year older fast here, aren't I? Corrie: And I wrote down 2005. I really want to stretch it out. Okay. Do I hear a second? Meridian City Council Meeting June 10, 2003 Page 15 of 41 Nary: Second. Corrie: Okay. Motion has been made and seconded to continue this Public Hearing on the Dust Abatement Ordinance until July 15, 2003, any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 10. Continued Public Hearing from May 27, 2003: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling – future landing pad and hanger on southeast corner of property in an L-O St. Luke’s Meridian Medical Center zone for by St. Luke’s Regional Medical Center – east of South Eagle Road and north of I-84: Corrie: Item Number 10 is a Continued Public Hearing from May 27, 2003. Powell: Mr. Mayor, just to make sure, I didn't hear any direction for staff. Are we just tabling it until you can talk to Compass? Okay. Corrie: I would like to, yes. Powell: Okay. Corrie: Is that the motion? Bird: Yes. Corrie: Okay. Thank you. All right. This is a Continued Public Hearing on CUP 03- 015, a request for a Conditional Use Permit to add a heliport with office and fuel and future landing pad and hangar on the southeast corner of the property in an L-O zone for St. Luke's Meridian Medical Center by St. Luke's Regional Medical Center. At this time, I will continue the Public Hearing. Staff. Powell: Mr. Mayor, Members of the Council, I feel like I'm the only one talking tonight. Corrie: You're the only one at the table. Powell: This is another Continued Public Hearing. There are some questions related to the location of the helipad relative -- or heliport relative to some of the existing residences on the south side of I-84. The project is located in this general area over here next to the Touchmark Development here. There are the elevations of the proposed building where the -- the pilots would sleep. Have a little office. Again, there it is relative to the overall site. This is a new drawing that should have been provided -- I believe the applicant provided to you, so it's in your packet or on your CD. And what this shows is the need to have the heliport in this -- in this corner of the property. Apparently, there is a restriction of them flying actually over the intersection, the Meridian City Council Meeting June 10, 2003 Page 16 of 41 overpass at this location, it shows that they -- you know, they have to come in after that overpass. This is one flight possibility. The other comes through this way. Then, leaves out that way. They are kind of limited on -- because of the overpass, they are limited in there -- the area that can be used, so that it's the -- it would seem to be the most suitable location for them. They have also provided additional -- make sure I haven't got anything else here -- additional documentation on the noise level of the helicopter and it is rated quite low. The average noise level is about -- between 81 to 89 decibels, I believe, which -- just to give you an example of this also, is not much louder than your garbage disposal or your lawnmower. Because of the design of the helicopter, it really has diminished the noise level and I think they have also provided information to you on this. This is the model that they used to fly in and out of the Grand Canyon, just because it is so quiet. I'll let them defend themselves more. Corrie: Thank you, Anna. Powell: They did make an effort to come and talk to me just after our last hearing, so they have been in contact. Corrie: This is a Continued Public Hearing. Jeff, did you have any comments? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Hall: Yes, it is. Corrie: Name and address, please. Hall: Jeff Hall, Director of Architecture and construction for St. Luke's, 520 South Eagle Road. Mr. Mayor and Council Members, we are before you again tonight, as you requested at the last Public Hearing. I hope you received a packet that -- well, last week, that should have included some of the things Anna referred to, the Heli-Ops article, kind of some background data on various decibel ratings of things commonly found in our environment to give you some things to compare to. A little deal from the League of Hearing that basically says that the sound barriers for a helicopter because of the way it comes in and goes out really aren't effective like they are for roadways and such, as we kind of discussed at the last meeting. Item 4 is a commitment from St. Luke's that we will only fly up and down the interstate to approach this heliport and we will require any other helicopter ambulance services that would wish to access this to do the same and record that letter with the FAA. You should have received via e-mail, I believe, a letter from Mr. Steve Lord, who is a member of the East End Neighborhood Association I believe he is the chair and president. Due to the short time frame, he was unable to add this to a board agenda item. They didn't have a meeting -- they couldn't pull a meeting together, so his letter does explain just personal experiences, but it does not represent the board. I just wanted to make sure you understood that. Just one clarification on what Anna presented. I apparently mis-communicated to her a little bit. The simple graphic that shows we are flying up and down the interstate and shows the helicopter and roof tops, we aren't restricted from flying over the intersection. There are Meridian City Council Meeting June 10, 2003 Page 17 of 41 a lot of encumbrances there, you think of all the vertical elements of an intersection, the intensive lighting, the traffic signals, et cetera, really, much prefer and will fly up and down the I-84 right of way until we get to the appropriate height. We also have here with us tonight the co-authors of this cover letter you received, Mr. Mike McGrane, he's the director of our Air St. Luke's program and he could answer any further questions specific to that business and flight volumes and such we discussed last time. Additionally, we have Mr. Larry Kelly, who is the president of Idaho Helicopters, Incorporated. I believe he's also a helicopter pilot. He's the gentleman who pretty much gathered all the helicopter noise data and resources there and he can expand upon any of that if you wish. With that I'd offer myself to answer any questions or, if you wish to speak to those more experienced helicopter experts, they are here. Corrie: Council, any questions? Bird: I have none. Corrie: Thank you, Jeff. Is there anyone else in the public that would like to issue testimony at this time? Yes, sir. Is the testimony you are about to give the truth, the whole truth, so help you God? Rogers: Yes, it is. Corrie: Okay. Your name and address, please Rogers: Jim Rogers, 1115 Rolling Hills Drive, Meridian, Idaho. Corrie: Okay. Jim, it will be new testimony. Rogers: Okay. I also have a written copy of the statement I'd like to present to the city clerk for inclusion in the record, if I may. Mr. Mayor, Council Members, the affect of helicopter noise impact on the urban environment has been well studied and documented. A search of the Internet indicates there are thousands of hits concerning this issue. Most indicate noise has adverse affects on health, learning ability, and general welfare of the public. Noise from helicopter activities in an urban area is the number two-rated complaint in many cities that have significant helicopter operations. I have provided several of these Internet documents to the City Clerk's Office last week for this meeting. I hope you have had the opportunity to read over at least part of them. In no case was I able to locate anything on the Internet concerning helicopter noise that stated no one in an urban environment welcomed helicopter noise over or around their homes. Helicopters have no minimum altitude requirements in route, other than maintaining a safe clearance from obstruction on the ground and maintain safe clearances from other aircraft. During landing and take-off there are no minimum altitudes and the choice of landing and approach direction for helicopters not using established airports is largely left to the pilot, who is responsible for the safe operation of the aircraft. However, since the projected approach to St. Luke's is in an already established instrument and approach route for the Boise helicopter -- or to the Boise Meridian City Council Meeting June 10, 2003 Page 18 of 41 airport, helicopters will be required to fly below the minimum glide slope, which, in most cases, if they approach St. Luke's from the southeast, flying to the southwest, will place them approximately 200 feet over the homes in the Rolling Hills Subdivision, the homes that are located on that north side of the subdivision near the freeway. St. Luke's states they will use the freeway as their approach and take-off routes. However, to my knowledge, they have not furnished for review a copy of their application to the FAA showing approach and take-off routes, nor have they furnished an approval from the FAA showing that these routes have been approved. Many of the homes in the Rolling Hills Subdivision keep livestock on their properties. Not only are we going to have to put up with the additional impact the helicopters make in our daily life, but also in many cases, livestock go ballistic over helicopter noises and they will break through fences. In looking over the documents and comments made during the Planning and Zoning Hearing in which St. Luke's helipad zoning request was made, I noted the following. St. Luke's met with the neighborhood residents at Montvue and Touchmark and committed they will not fly over their residential neighborhood. They did not meet with any of the neighborhoods that lie to the south of their facility across the freeway or any of the neighborhoods that will parallel the freeway projected flight path. These are the neighborhoods that are directly in line where the protected helicopter approach and take off-zones indicated on St. Luke's Landscape Plan sheet 1.0 in the package presented at the P&Z Meeting. It is also interesting to note that during the Planning and Zoning Meeting there was no one from the outside who commented at that meeting. Perhaps the P&Z notice was not adequate. You only notify residents within a 300-foot radius of a proposed facility. However, helicopter noise is not limited to political or geographical boundaries. The sign placed along the freeway adjoining St. Luke's property is impossible to read from the freeway, unless an individual stopped on the exit ramp and walked over to look at the sign. Number 2 is during the Planning and Zoning Meeting no mention was made by St. Luke's or by members of the P&Z Commission of noise impact on Meadow Lake Development immediately to the east of the proposed heliport or on the Rolling Hills Subdivision located on the proposed landing and take-off route. I'm not here representing Meadow Lake Development, but I am going to use their name in several cases here. Corrie: I'm going to ask you to limit it to five minutes, so -- thank you. Rogers: In the standards for Conditional Use, Item D, it stated in part. Other than noise associated with take-off or approach, staff does not anticipate that the proposed use will adversely affect adjacent properties. It also stated that the P&Z Commission should rely upon public testimony to determine if the development will adversely affect other property in the vicinity. St. Luke's did not provide, nor did the P&Z Commission request any kind of noise study be made to determine the impact onto the existing subdivisions. Meridian city has approved a 300 plus home retirement community, Meadow Lakes, located immediately to the east of the proposed facility. The north side of Rolling Hills Subdivision is approximately 400 feet from the proposed facility. Was the location of these subdivisions addressed in the St. Luke's application to the FAA? Did the P&Z Commission take into account the noise this facility will have on these subdivisions? We are not only looking at noise coming from the facility itself, the horizontal noise, but Meridian City Council Meeting June 10, 2003 Page 19 of 41 also the vertical noise generated when they fly over or near our subdivision. In addition, the current structures of St. Luke's and the prevailing wind from the northwest will reflect the noise right back into the existing subdivisions. It is also our understanding St. Luke's plans, ultimately, to include additional structures, up to five, we understand, which further act as noise reflectors. St. Luke's admits the helicopter use is not included in their original concept of the medical facility. The only reason for this facility, from my understanding, is they want to move their existing site at the airport to their own property to save the expense of basing the helicopters at the airport. This helicopter facility cannot be compared to police of fire facility, which is in place for public safety and supported by tax dollars. This facility is only for the convenience of St. Luke's. It's a business decision that will have a major impact on the surrounding areas. When we moved to this area there were no freeways, no St. Luke's, it was a quiet, pleasant area to live in. We don't need these additional noise generators. A helicopter landing field is not appropriate for this for any reason. Meridian City has no ordinance regulating this issue, or the city would require builders to provide additional insulation and other noise abating measures to use in the construction of houses located within a certain area of the airport landing and take-off zones. Would Meridian, for instance, be willing to require that the developer of the Meadow Lakes Subdivision include a disclosure to every home buyer in the subdivision that their houses are within 50 to 500 feet of a helipad that will operate seven days a week, 24 hours a day, 365 days a year, with a fuel facility. Would the developer of Meadow Lakes want to do this? Probably not, as it might effect the sales of their homes. Does the Meridian Fire Department have the capability and training to deal with helicopter emergency and fire? What will Meridian do if they start receiving complaints about noise from helicopters? Do you have an enforceable ordinance in place? What about potential fuel spills and the impact on the local ground water resources? Most importantly, would you be willing to buy a house next door to a helicopter landing and fuel facility and will be there and busier as time passes? We'd like to request the following deny the application for their use. If you feel you cannot deny this application for whatever reason, then, send this issue back to the Planning and Zoning Commission for additional public input. Send out public notices to all residents that reside within the boundaries established by Franklin on the north, Cloverdale on the east, Overland on the south, and the commercial development on the west side of Eagle. Require that St. Luke's have a professional noise study prepared due to the actual helicopter and landings and take-offs under all anticipated conditions, such as wind to the northwest, from the west, from the south, from the southeast. These are the typical wind patterns in the area. Include day and night landings and take-offs, and landings between the hours of 6:00 to 10:00 P.M. 10:00 P.M. to 3:00 A.M., 3:00 A.M. 8:00 A.M. These are the hours when most people are at home. Then, have St. Luke's prepare a survey from the area of the residents listed in the item two above to determine the effect on these residences. Require St. Luke's to do extraordinary outreach to the affected neighborhoods by sending out mailings concerning this facility and hold public comments at meetings at their facility, with minutes of the meeting and copies of the comments furnished to the Planning and Zoning Commission. The P&Z Commission should, then, hold another Public Hearing concerning this issue. The study should closely follow FAA Part 150 airport noise studies and a report prepared similar to the document titled Chapter 6, Noise Analysis Meridian City Council Meeting June 10, 2003 Page 20 of 41 Prepared by the San Francisco General Hospital Air Medical Access Needs and Feasibility Study. This study report and FAA outpatient will be available at St. Luke's. Meridian City should, then, draft and pass an enforceable ordinance controlling noise from helicopter operations. If an adult facility or bar was proposed in this location, the P&Z Commission and this Council would require more information about public impacts than is currently being requested of St. Luke's. This is not a rubber stamp issue. Planning and Zoning Commission and Council must be willing to error on the side of caution to protect these existing neighborhoods. Not only do you need to address our immediate concerns, but also for residents who will be purchasing homes in the Meadow Lakes Subdivision who will not even be aware of the impact of a heliport operation, since you have unrestricted mention of their houses. The FAA in their studies has indicated that 65 db is about the noise level that does not cause complaints. Okay? Any noise level above that causes problems to neighbors. Those are in those documents I furnished you. I would appreciate very much if you'd look at them. Thank you. Corrie: Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Rogers, I guess I'm a little curious as to your comparison of the helipad to an adult bar. Why do you think this is a comparable type of comparison? Rogers: Because if an owner of an adult bar came in here and told this Council don't worry about it, there is no problem. We are not going to impact the neighborhood, we are not going to have noise from our facility, would you take their word for it and say, oh, okay, that sounds good to me, let's go ahead and approve this facility here. What we are asking is you require better information prior making this decision. Nary: Okay. Now, Mr. Rogers, on your request about treating this basically like an airport, is what you're asking, to treat this helipad like an airport, is that what the City of Boise requires for St. Al's helipads or St. Luke's helipads? Rogers: I have no idea what the City of Boise requires on there, other than I do know they do have restrictions, especially for insulation requirements for builders who build in specific corridors that have airport operations on them. Nary: Airport. That's in an airport influence area isn't that the area you're talking about? Rogers: Yes. Nary: That's not around the St. Luke's area where there is a helicopter pad. Meridian City Council Meeting June 10, 2003 Page 21 of 41 Rogers: I have no idea what is required around St. Luke's. Nary: Is that anywhere around the St. Al's area where there is a helicopter pad? Rogers: As far as I know there are no residential areas around St. Al's within the same distance. Nary: There is no residential area near the St. Luke's -- St. Al's -- Rogers: The only one there -- well, St. Luke's I'm not aware of, because I -- you know, that's not my job to find that out, but I do know around St. Al's, looking at their facility, A, they land on the roof. Occasionally, they have helicopters on the ground and most of the St. Al's area is surrounded by commercial, except across the freeway where there is an apartment complex and I don't know what the city requirements was for the builder to provide additional insulation or anything else like that for noise control. Nary: I read your -- Mr. Rogers, I read your noise studies that you had and I noticed that most of them were from very large metropolitan cities that have a tremendous amount of ambient noise, in addition to this -- in addition to the helicopters, but I didn't see anything from any such rural areas, which is kind of what we are looking at here. Did you have anything -- Rogers: No, I couldn't locate anything on the Internet on noise levels in these rural areas. It's urban noise environment and that's what they address it to. Nary: Now, from my recollection from the Planning and Zoning minutes, the Meadow Lake Village didn't have any objections. I mean you’re pretty good at raising the flag for them, but I don't think they had any objections. Rogers: No. At the Planning and Zoning Commission there was no objections made by noise. The issue wasn't even brought up, really. In talking with one of the representatives at Meadow Lakes, he indicated that St. Luke's had assured him there would be no flights over his property so, therefore, it wouldn't be a problem and they had no complaints. Nary: And so -- I mean your concerns about the residents of Meadow Lake, I mean this -- if we were to approve this helicopter pad now, there is no people living there now, so by the time those people are going to buy their homes, they would know that there is a helicopter pad there, so the actual noise -- Rogers: So that makes it okay? Nary: I'm not saying it makes it okay, I'm just saying your concerns that you have raised about notice to them, providing notice in a plat or providing notice in the CC&Rs, isn't probably necessary, because it will already be there. Meridian City Council Meeting June 10, 2003 Page 22 of 41 Roger: Okay. Nary: Right? Rogers: Probably not -- and I don't know what Meadow Lakes is thinking. They probably feel there is not going to be a problem there, because they have been assured by St. Luke's there isn't. Let's do a study, let's find out where this 65-db contour lies, that's what these noise studies require, and see if it lies within these subdivisions or outside the subdivision. If the noise limit is greater than 65-db on the contour line, then, these have a potential to cause problems. Where is that 65-db contour line and that's what the study will show? Nary: But if we were to add the requirements to these conditions that St. Luke's could only -- I think they have committed to the fact that they would only fly over the interstate and if we were to include that as a condition of approval, so that we'd have some enforcement mechanism later if that were to become a problem, wouldn't that be sufficient? Rogers: No, because just because they fly over the interstate doesn't mean the noise is abated. The noise is blowing primarily, since they are going to be landing over the interstate, that means the winds are blowing from the northwest to the west, it means the noise is going to blow right into the subdivision. If the wind is blowing from the south to southeast, then, they are going to be blowing that noise right into the Meadow Lakes Subdivision, plus, as I say, FAA gives the pilot great discretion on where he can land a helicopter. Helicopters do not land downwind, they land against the wind to have zero air -- or zero forward speed upon landing. Nary: I didn't notice and maybe you could enlighten me on the material you provided, but I didn't recall the volume of air traffic that those were studied, because my recollection is the testimony from St. Luke's is talking about one to four flights a day, not constant. It's not an airport. I mean it's one to four flights a day. That's how significant that is. Roger: Yes, at this time. Whether -- they are going to have two helipads there, a hangar, what are the future noise projections for this area and at 3:00 A.M. -- a helicopter flying over your house at 3:00 A.M. in the morning is going to wake you up out of bed. There is no question about that. If you're living in a subdivision right next to them, I will guarantee you noise at 10:00 P.M. at night is going to bother you. Nary: But you're not living in the one right next to them. You're talking about Meadow Lakes again? Rogers: Yes. Well, we are living 400 feet, approximately, from the proposed facility. We just didn't get notified, because we don't live 300 feet from the facility. The noise is going to be there. I mean I can -- right now St. Luke's is doing some excavation over Meridian City Council Meeting June 10, 2003 Page 23 of 41 there with a backhoe. We hear that backhoe working. I mean that's how noise is. Eighty-eight decibel noise is -- a lawnmower is 85 db. Would you like a lawnmower running in your house? That's why the FAA has said 65 db is about the limit that people will tolerate without complaining. You're the folks that are going to have to deal with this in the future if this noise does get excessive. Do you have an ordinance in place to deal with it? FAA doesn't. The FAA has said all we do is approve route and the facility. They specifically put the burden on you for proper land use planning. That's in one of the documents that I provided you that you have to make sure this is a compatible land use plan. We just stack one noise on top of another, on top of another, on top of another, and pretty soon, it just becomes intolerable. Like I told you last week, people in our subdivision who live on the end of it can't even sell their houses. They have tried. Nary: But because of the freeway. Rogers: Because of the freeway noise. You throw this on top of it and it may mean many parts of our subdivision won't be able to sell their house. I'd ask you to, you know, take our consideration. Nary: Where are those neighbors? Where are they? Rogers: You know, I didn't want to bring this up, but I talked to 20 people about coming to this meeting and their comment was why bother, you're not going to listen to us. I mean, really, that's what they said. I had three people who said, yes, we would be here. I don't see them. I mean -- but that was what they said. Why bother, they are not going to pay any attention to us. I hope I'm wrong, but -- you know. McCandless: Mr. Mayor? Corrie: Well, we did listen, that's for sure. Yes, Mrs. McCandless. McCandless: Mr. Rogers? Rogers: I'm sorry. McCandless: Are you aware that if you hear a helicopter at 3:00 in the morning, it means someone is in a dire emergency and they need help? Rogers: If St. Luke's was a trauma center, that would be correct, but they are not a trauma center. The trauma center is downtown St. Al's and downtown St. Luke's. McCandless: But wouldn't that mean that one of the helicopters that are out there was the only one available to go take care of -- Rogers: Not necessarily so. This is a business decision on St. Luke's part. This is not an emergency vehicle service like police and fire is. They are supported by public donation dollars and they are necessary. This is not a necessary facility. Not at this Meridian City Council Meeting June 10, 2003 Page 24 of 41 time. I will bet a dollar to doughnuts that if this hearing were held next year after Meadow Lakes fills up, you would have a lot more people here. No, I don't consider this a necessary use. Corrie: Okay. Thank you, Mr. Rogers. Anyone else like to testify? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? McGrane: Yes. Corrie: Name and address, please. McGrane: Michael McGrane, I'm Director of Air St. Luke's. I reside at 1014 North Gray Cloud Way in Eagle. I primarily just want to be available to answer any questions. Currently, we operate the helicopter from the rooftop of St. Luke's downtown St. Luke's is surrounded by neighbors. The East End Neighborhood Association is very attune to the activities that go on at St. Luke's and we have always been very committed to be good neighbors. We have worked well with the East End Neighborhood Association. In the 18 months that I have been with St. Luke's and in the year that Air St. Luke's has operated the helicopter from the rooftop downtown, we have had zero complaints of noise regarding our operation. We take it seriously. When we identified the location of the helipad for St. Luke's Medical Center, we looked at how we could be in a location that would minimize the noise impact and the activity impact on the neighbors in that area. That's why we selected the area closest to the freeway where there was greater ambient noise, where there was a free approach and departure path for the aircraft, where we felt it was safe. We also worked with the FAA in some preliminary review of the site to make sure that it was -- met their needs. We currently have an application in for approval with the FAA for the helipad. The other thing that the helipad will do for St. Luke's Meridian Medical Center is provide an emergency landing site. I am aware of only one hospital in the State of Idaho that does not have a helicopter landing site. When it comes to emergency, whether we are taking a patient away from St. Luke's Meridian Center that needs more intensive care downtown or bringing patients to St. Luke's Meridian Medical Center for whatever reason, I think that's an important attribute to have for a hospital. We take our neighborliness seriously and we are committed to restricting our approach and departure path so that we are not flying over neighbors and requiring others who use that site to do the same thing as well. In some of the information that Mr. Rogers provided, it indicates that the FAA not only approves the airport, is what they talk here, but they also approve the heliport. They approved the recommended departure noise abatement flight path and procedures. There is -- the FAA here in Boise gets complaints about noise and they deal with those complaints seriously, so there is an avenue for enforcement if there is deviation from those -- those flight paths and we are committed to working with the FAA and we have good people at the FAA that we work closely with. I would be happy to answer any questions you might have. Nary: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 25 of 41 Corrie: Mr. Nary. Nary: Would you have any objection to a condition to make sure that the flight paths adhere to the FAA requirements that the flights are going to be, you know, as possible, over the interstate, so that way we have at least some enforcement mechanism to deal with it if it's not complied with? Do you think that would be a concern to St. Luke's? McGrane: No. We will abide by that. Nary: Okay. McGrane: I'd almost recommend that. If there is a noise complaint and the city hears that, there should be a mechanism in place to deal with those complaints. Corrie: Thank you. Nary: Thank you. Corrie: Any other questions? Anyone else like to issue testimony? Yes, sir. Is the testimony you are about to give the Council the truth, so help you God? Kelly: Yes. Corrie: Name and address, please. Kelly: Larry Kelly. 640 Kofax, Boise. I'm currently president of Idaho Helicopters. I'd just like to explain to the Council and let you know that prior to us joining St. Luke's and providing their service, Idaho Helicopters provided the service to Life Flight for the past 15 years. We are very, very serious about what we do and we take a great deal of pride in it. I didn't realize Mr. Rogers -- I'm sorry that -- I recognized him after he got up here. He talks a lot about FAA Part 150. That is an approval for an airport. I think in your packet that you will show that before Boise airport was ever built, the FAA did a study under 150 and that's why it's there now. The runways at Boise airport are one zero and two eight, basically, east and west. That is the prevailing wind and that's what the FAA sets that up as. The approach and departure path, if you will look at this, I-84 is basically east to west. That's another reason we selected that point. There are no houses due south of the proposed heliport. There are some that are south and east. Yes. That's why we propose the heliport departure path basically over the freeway, to stay in that 85-decibel level. The letter of agreement that we have proposed and will put in place -- and you have been provided a copy of it, also the FAA will be provided a copy of it, before Access Air, Life Flight or the Army Guard will land at the Meridian St. Luke's facility, there will have to be a signature on the letter agreement, which dictates the take-off and departure paths. If they don't sign it, it's a private use airport -- a heliport. It's not a public use heliport. If they do not sign it, they will not be allowed to land there. We will also be happy to provide you with whose ever phone number is our Meridian City Council Meeting June 10, 2003 Page 26 of 41 principle operations inspector for Idaho Helicopters. He has a phone, and he takes noise complaints very, very seriously, as we do to, we are a very quiet helicopter. The other two operators, I will tell you, they are not as quiet, that's why there has to be a signature on this letter agreement, so if it's us, we will deal with the noise complaint and if it's another operator, we will help you deal with the noise complaint, but we want you to know who it is that's doing it. Okay. Anything else you would have I would be glad answer for you. Corrie: Any questions? Thank you. Anyone else who would like to issue testimony? Okay. Hearing none, Council, questions of the Public Hearing? If you have none, I will entertain a motion, then, to close the Public Hearing. McCandless: I move we close the Public Hearing, Mr. Mayor. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request of St. Luke's. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I wanted to comment on the fact that Mr. Rogers talked to some people that said that they didn't come because we wouldn't listen to them. I have listened very carefully to what you had said both times you were here, but our job up here is not to listen and, then, go with the person that wants us to, our job is to decide what is best for the citizens of Meridian and abide by that. We do listen, but we have to do our job. For that reason, I will vote for having the helicopter for there. Bird: Is that a motion? McCandless: Mr. Mayor? Nary: Mr. Mayor, I was just going to just add one other additional comment. I think as the developers of Harris Ranch would probably attest, the East End Neighborhood Association, the City of Boise is not real big at throwing it around, compliments. Though I know Mr. Lord is not speaking on behalf of the East End Neighborhood Association and just himself, I know he is the president of that organization and I appreciate St. Luke's bringing both a letter from him, as well as information they have and I appreciate the information Mr. Rogers has brought. It does provide at least some balance and I think we have to carve out what's appropriate for our community and I recognize in large Meridian City Council Meeting June 10, 2003 Page 27 of 41 metropolitan cities they have other needs and concerns they have to address, as we do, and I think we have to find that balance which is appropriate for our community. We asked St. Luke's, especially, to provide us information about noise and complaints and how that's being dealt with and I'm satisfied that they are willing to address that, I'm satisfied with the information Mr. Rogers has given us is accurate, but I think we are trying to address it. I would agree that if you have all those houses built there in Meadow Lake Village, you may have a different perspective, but the Meadow Lake Village people also know that. The fact that they are comfortable with it, knowing they have to market and sell those properties that are adjacent to this helipad, recognize the necessity for it and that they can deal with the abatement of noise issues and they can aggressively deal with them themselves, I think is really an issue for them and they are comfortable with it. I don't have a reason to supplant my perception on top of theirs. I would agree with Councilwoman McCandless, I find no reason not to support this application. Corrie: Okay. Thank you, Mr. Nary. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I was the one that asked for further information about the decibel levels and the information, we got a lot of it, and I appreciate everything we did get. It did put some perspective to it and that was what I was looking for. I like to know a little bit more about what I'm making a decision on. It doesn't show there is a huge difference between what the noise that this generates is anything more than what currently exists and what currently exists is, in fact, a noise barrier to the helipad to the residents across the freeway. As odd is that sounds, you know, that's what some of this information has really shown. I think we can strengthen it with a couple of additional conditions and make sure that the subdivisions and their associations know the contact names and numbers of who they can contact. Maybe St. Luke's can continue to be a good neighbor and make sure that those numbers are in the hands of the association presidents and that sort of thing, so that when there are concerns, they do know whom to call. I think the additional requirements that Councilman Nary has mentioned are very reasonable as well so, that's all I have to add. Corrie: Any other questions from Council? Okay. Are you ready for the vote or we have to get a motion first? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for a Conditional Use Permit to add a heliport with office and fueling and future landing pad and hangar on the southeast corner of the property in an L-O zone for St. Luke's Meridian Medical Center by St. Meridian City Council Meeting June 10, 2003 Page 28 of 41 Luke's Regional Medical Center and take in the -- include the comments made by Councilman Nary and for our attorney to draw up the proper papers. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the request for a Conditional Use Permit, any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, does the motion and the second want to include a requirement that neighbors of the subdivision Mr. Rogers lives in be sent a letter by St. Luke's identifying who to call in the event of a noise complaint? Do you want that a condition, or is that just to rely upon Mr. Hall to do the right thing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I don't know that they have a particular person identified. Certainly, I would think it would be in the best interest of St. Luke's for Mr. Hall to send it to Mr. Rogers, because I don't know who else we would contact. I don't know if we have had any other contact point. Certainly, they haven't -- I don't think it needs to be a condition. I think that's probably just good business on their part, so -- and Mr. Hall is acknowledging that he agrees. Corrie: Good. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, also include a condition that any other helicopter service or military that receives a potential need to use that, would sign the letter of agreement complying with the approach and departure requirements. Is that correct? Nary: Mr. Mayor. Yes, I think that was the intent is that since they said this was a private heliport use, that they would require that, so I think that's a condition of -- Nichols: We can do that. Nary: Appropriate it. Meridian City Council Meeting June 10, 2003 Page 29 of 41 Corrie: I know somebody else that might be getting a call from Mr. Rogers, but I will handle that, any other discussion? Roll call vote, please, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. The motion is approved. MOTION CARRIED: ALL AYES Corrie: I was hoping Mr. Rogers would be here, because I wanted to be sure that he let his neighbors know -- and I will put this on the record -- that they could come here and talk anytime they want and we would listen to them, but I'm afraid that highway noise is going to be more than helicopter, personally, and I think the neighbors out there also live in the county, not the city, so – Item 11. Continued Public Hearing from June 3, 2003: CUP 03-011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with Resolution Subdivision associated site improvements in an L-O zone for by G.L. Voigt Development – 1611 South Millennium Way and 2045 West Overland Road: Corrie: Next is Item Number 11. This is a Continued Public Hearing from the June 3, 2003. This is a request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision by G.L. Voigt Development. At this time will open the -- continue the open Public Hearing and invite staff comments first. Powell: Mr. Mayor, Members of the Council, this was continued due to lack of an applicant last time, so you did receive a staff report. Just a couple quick highlights. It is at the intersection of Overland and Millennium. The sole purpose of this is to allow two buildings on one lot and I'll leave it at that and, hopefully, we have an applicant. Berg: Mr. Mayor? Corrie: Mr. Berg. Berg: I checked with my staff as far as notification, making sure we made the contacts to have people at these Public Hearings and the information we got was the person that was filling in for Wes Steele went to the Planning and Zoning Department building and was waiting around there, instead of City Hall. The intentions were to come to the Public Hearing, but they went to the wrong place. We now try to make sure we tell them that the Public Hearings are at City Hall. Corrie: Okay, any other thing, Anna? Powell: No, sir. Meridian City Council Meeting June 10, 2003 Page 30 of 41 Corrie: Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Steele: Yes, it is. Corrie: Name and address, please. Steele: Mr. Mayor and Members of the Council, my name is Wes Steele, Habitec Architects, 1250 East Iron Eagle Drive in Eagle, representing G.L. Voigt Development. I would apologize for the confusion of my staff, as I was out of town last week. Unfortunately, I'm the only one that handles these affairs and the only place they had been was downtown. We had reviewed staff's report after the Planning and Zoning Commission hearing, agree with those recommendations and requirements, and have nothing further to add. Would answer any questions you may have and, again, apologize for confusing your last meeting. Corrie: Council, any questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: What we wanted to know is if you had any objections to the staff's conditions. Steele: No, we didn't and I appreciate you postponing us and asking for that. Corrie: All right. Thank you very much. Anyone else want to testify? Okay. Hearing none, I will entertain a motion to close the Public Hearing if you so desire. De Weerd: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing, any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting June 10, 2003 Page 31 of 41 De Weerd: I move we approve the request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-O zone for Resolution Subdivision and to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Motion has been made and seconded for the approval a Conditional Use Permit request, any further discussion? Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Powell: Mr. Mayor, before you leave this subject, I would like to ask you if these are something you really want to review. It's -- the requirements for this are located -- it's isolated to one very small section of Title 11. It would be very easy to amend it to only require -- or to only prohibit more than one principal building on residential districts and to allow it through the PD process in residential districts, if they wanted, but to, otherwise, allow them in commercial and industrial sites. From a planning perspective it really reduces the mass of the buildings and it allows for landscaping to kind of weave in and out of the site a little better. I'm doing a kind of clean-up ordinance with a number of items that you have requested, so I can fold this one into it rather easily for Mr. Nary's to review. De Weerd: Sounds great. Item 12. Continued Public Hearing from June 3, 2003: RZ 03-006 Request for Bear Creek No. 6 a Rezone of 3.41 acres from R-4 to R-8 zones for by Westpark Company – west of South Meridian Road and south of West Overland Road: Item 13. Continued Public Hearing from June 3, 2003: PP 03-005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 Bear Creek No. 6 acres in a proposed R-8 zone for by Bear Creek, LLC – west of South Meridian Road and south of West Overland Road: Item 14. Public Hearing: VAR 03-015 Request for a Variance for block length in Bear Creek No. 6 an R-4 and R-8 zone for by Bear Creek, LLC – west of South Meridian Road and south of West Overland Road: Corrie: Thank you. Item Number 12, 13, and 14 are Continued Public Hearings, plus a Public Hearing on the Bear Creek No. 6, a request for Rezone of 3.41 acres from an R- 4 to an R-8 zone. A request for a Preliminary Plat approval of 31 building lots and two Meridian City Council Meeting June 10, 2003 Page 32 of 41 other lots on 10.49 acres in a proposed R-8 zone by Bear Creek No. 6, and the Public Hearing on request for Variance, block length, in R-4 and R-8 zones for Bear Creek No. 6 by Bear Creek. If there are no objections, will open all -- 12 and the two continued and the Public Hearing and have testimony on all three of those by staff and also from the applicant at this time. Staff comments first. Powell: Mr. Mayor, Members of the Council, again, the first two items were only continued to allow it to catch up to the Variance, so you had not heard a staff report on those items. As your -- this is Meridian Road and this portion of the lot is part of Bear Creek Subdivision as it -- as it was approved at Preliminary Plat. They are re-platting that portion. This is the former site of Kodiak Subdivision and, then, this is the church. The property does include a portion of the church property in this area, as you see on the next one. Okay. Go back up. This would be the line of where the south end of the Kodiak Subdivision was, so this is -- south of this line I'm drawing right here is the church property. This would be the Kodiak property and this area up here is part of the original Bear Creek Subdivision. As you're probably all too familiar, Kodiak Subdivision at this point, but, again, the issues there were access onto State Highway 69, so this alleviates that problem by pulling in an access off of the Bear Creek Subdivision and, then, connecting it through to the rest of the Bear Creek. The applicant has proposed R-8 zoning, although the lot size would comply with R-4, they have asked for the R-8 zoning, so that they -- no, it says R-4 up there. Maybe the applicant can address that. Yes. I do believe it's supposed to be for an R-8 zone. The lot sizes comply with R-4, but the frontages do not. They have asked for the R-8. They have asked for a Variance on block lengths. Again, there is the long block that goes from basically here, all the way out to here, or from here to out to State Highway 69. They do have a rather long block. They are challenged. They could have perhaps moved this stub street to the church to an alternate location to -- that would reduce the need for that Variance and the applicant should probably address that in his presentation. There is one issue regarding -- if you look on page five of the P&Z staff report, it has a couple of Rezone comments and those are kind of key right now, because they are unusual. When the Kodiak Subdivision went through, you approved the -- prepared the Findings of Facts and Conclusions of Law to annex the property, but the annexation ordinance was never completed, so as part of this application they need to annex that former Kodiak property, so that it is within the city limits. You also need to revise the Development Agreement for Kodiak Subdivision and that for the church, so that you can address the changes that have been done through this request. That existing Development Agreement with the church does forego doing the improvements along the state highway until the church comes in to develop their property. The applicant is requesting to extend that. They do have one lot with frontage in this area right here and that is dedicated for a future church property, so they are requesting to forego the improvements of that until the church develops and, then, they would do it along with their Development Agreement. Again, that's an important item to revise with their Development Agreement is to include that property. Those are the highlights of staff's concerns regarding this subdivision. Nichols: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 33 of 41 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, we anticipated this issue, because Mr. Arnold and his client have been talking to staff for some time. The Development Agreements, the revisions to those Development Agreements are already drafted. The only thing that was missing was the legal description and we should have those shortly. I believe Mr. Arnold did supply those to us, we just got to make sure we get the right ones in the -- did you supply all of them, Steve, not just the ones that have to go in the Development Agreement. Staff -- Public Works staff is working on that, just so you know that we already anticipated that and were prepared to go forward if you approve this. Corrie: Okay. Thank you, Mr. Nichols. Is the applicant representative here this evening. Is there no applicant here? Is the testimony you're about to give the Council the whole truth, so help you God? Arnold: Yes. Corrie: Name and address, please. Arnold: Mr. Mayor and Members of the City Council, for the record, my name is Steve Arnold, I'm with Briggs Engineering, 1800 West Overland Road. I'm here representing the development of Bear Creek, LLC. I guess first off I apologize for the legal descriptions. I had them sent while I was out of the office. They should have sent you - -- there should be three legals -- and this may help summarize what we are doing. Basically, there is the church parcel, which is Lot 9 that we are exchanging for that piece, as you can see the southern boundary of Lot 9 is fully extended to the western boundary of Bear Creek 6. That parcel that we are picking up for lots we are exchanging with the church property of Lot 9. There is the legal description for that piece, along with the legal description for Lot 9 and, basically, to give you a little bit of history here, the parcel that was originally part of Lakes -- or, excuse me, Bear Creek -- another issue I have had. Bear Creek No. 5, it originally was a cul-de-sac that terminated at the -- what would be the north property of the Kodiak Subdivision. When I came to you -- it's been 2002, I believe, for the Final Plat to Bear Creek 5, one of the issues that we asked to modify the Final Plat from the original Preliminary Plat in hopes that we'd get this issue resolved with the Kodiak development. At that time, I was a little bit skeptical. I said, well, if we couldn't come back with it and receive the cul-de-sac in a future phase -- fortunately, we have worked it out with the developers and the church property and, basically, what you're seeing is the creation of those efforts. Overall, the project has got 10 and a half acres, of which I believe the exchange with the church is over approximately two acres. We have got the five acres of Kodiak Sub and the remainder of the Bear Creek original five plat. We have 30 lots within this subdivision. Again, there is only -- if the Development Agreement for the Kodiak Subdivision was signed, I'd only be asking an R-8 zone for one lot, because I would have the R-8 zoning for the Kodiak piece. Most all of the lots within -- or there are one lot in the remainder Meridian City Council Meeting June 10, 2003 Page 34 of 41 portion of Bear Creek 5 that doesn't meet the R-4 zoning requirements of 80 feet. There is -- had everything fallen into place and the zoning of Kodiak actually got signed until we submitted it -- and I think that signature was held off -- essentially, we'd only be asking for a Rezone of previous phase five for just one lot. Just background. House sizes in here, they will be -- well exceed the 1,400 square foot, which is the R-4 zone. The houses will be very similar to the Mesa, which is a similar house size, which is in phase Bear Creek 1, 3, and 5. Those are all abutting here, so these are Mesa type lots, ranging between -- with the homes and lots between 190 and 240, I believe. What you're seeing here is quite a bit different from what you previously saw as the Kodiak Subdivision. I won't go into that too much. De Weerd: Thank you. Arnold: I don't see any of the neighborhoods here tonight, but I will brief you on some of their concerns. We did hold a neighborhood meeting. I believe there were two issues. One issue was the house size of -- of course, the people that bought the Mesa homes that backs up to this wanted to see Mesa homes. At the Planning and Zoning Commission we committed that we will be building the Mesa, type homes in here. The developer -- or employee of the developer is actually buying a lot within phase five just north of this part -- just north of the site a little bit, so I'm well sure that you will be seeing Mesa homes. The other issue was the fence. Apparently, adjacent to Lots 29 through 36, just north of our east-west street there, I believe, stub street, we put in a wrought iron fence as a boundary fence around Bear Creek Subdivision 1 and 5. The neighborhood had requested that we remove that fence within this subdivision and place a vinyl fence. At the time we committed -- I believe it's in your packet tonight, but that we would work with the -- those neighborhoods, that we would basically share in the expense of that removal, provided we got all of the approval. The Planning and Zoning Commission recommended that that be something not required of the developer, but that we should work with the neighbors there and that efforts are continuing and I think that's evident by the letter that we sent out. The two issues, basically, of deferral of the improvements along Highway 69, essentially, a part of the modification of the Development Agreement, we are asking that you include that parcel, that when Lot 9 comes in for a specific design for a conditional use, the church will improve that 35-foot landscape buffer at that time. The other issue was the length of the block length. That was something that we approved originally in Bear Creek for all the block lengths -- or several of the block lengths within the first phase. The reason that we are locating the stub street where it's at right now is it will best suit the development of the church parcel to the south. You will notice we have come in one lot, it's a one-lot depth and you extend a road to the south, it makes for easier development of that parcel in the future. Other than that, I do believe the church has got some plans back there. I was not a part of those discussions as to where we were locating that, so the location of that stub street is something that was worked out between the church and the developer of Bear Creek, but that -- just looking at it, it makes the most sense for future development to the south. We are requesting that that Variance be granted. I don't think that -- that is an unusual request to have a Variance for that. With that, I will keep it short, stand for any questions, and apologize for any length. Meridian City Council Meeting June 10, 2003 Page 35 of 41 Corrie: Any questions from Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just didn't know what that -- this piece here. Is this a residence or is this green space? Arnold: It's an open space. Nary: Okay. Arnold: Open space lot right now. De Weerd: A drainage lot? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I just want to thank you guys for taking care of a real big problem out there and making that land very viable land and that's just exactly what you guys have done by getting together and working it out and I appreciate that. Corrie: Any other questions? Okay. Thank you very much. Is there anyone else that would like to issue testimony? Frank? I need to see you, Frank, before you leave for a comment. Okay, council, any questions, comments, discussion for the Public Hearing? Okay. I'll entertain a motion, then, if you have no other comments, to close the Continued Public Hearing on 12 and 13 and close the Public Hearing on 14. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we close the Public Hearing RZ 03-006. Also PP 03-005 and VAR 03-005. De Weerd: Second. Corrie: Motion has been made and seconded to close the Public Hearing and the Continued Public Hearing on three items. Motion. All in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Meridian City Council Meeting June 10, 2003 Page 36 of 41 Corrie: Comments first on a request for a Rezone 03-006. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve RZ 03-006, the request for a Rezone on 3.41 acres from R-4 to R-8 zones for Bear Creek No. 6 by Westpark Company. West of South Meridian Road and south of West Overland Road and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and include the staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for Rezone RZ 03-006 with all staff comments. Further discussion? Comments? Okay. Roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 13 is PP 03-005. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 03-005, the request for Preliminary Plat approval of 31 building lots and two other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No. 6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order and to include staff comments. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve request for Preliminary Plat PP 03-005, any further comments? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. Meridian City Council Meeting June 10, 2003 Page 37 of 41 MOTION CARRIED: ALL AYES Corrie: Now, the motion for request for Variance VAR 03-015. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve VAR 03-015, the request for a Variance for block length in an R-4 and R-8 zone for Bear Creek No. 6 by Bear Creek, LLC. West of South Meridian Road and south of West Overland Road, for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order, with staff comments included. McCandless: Second. Corrie: Motion has been made and seconded to approve the Public Hearing VAR 03- 015, any further comments? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 15. Public Hearing: AZ 03-002 Request for annexation and zoning of 19.79 Callister Development acres from RUT to C-G zones for by Dave Callister – southwest corner of West Overland Road and South Stoddard Road: Item 16. Public Hearing: CUP 03-001 Request for a Conditional Use Permit for a contractor’s yard for an excavation company and mini-storage facilities Callister Development on 5.91 acres for by Dave Callister – southwest corner of West Overland Road and South Stoddard Road: Item 17. Public Hearing: CPA 03-001 Request for a Comprehensive Plan Amendment to change approximately 12.25 acres of the site from mixed- Callister Development use-neighborhood to commercial for by Dave Callister – southwest corner of West Overland Road and South Stoddard Road: Corrie: Item Number 15, 16, and 17 are Public Hearings on the Callister Development, request for annexation and zoning and also a request for a Conditional Use Permit and a request for a Comprehensive Plan amendment. No objections, I will open the Public Hearings on Items 15, 16 and 17 and we are going to have a request to continue this Public Hearing until June 24, 2003. Is there anyone from the public that would like to issue testimony at this time that can't be there at that time? Hearing none, I will Meridian City Council Meeting June 10, 2003 Page 38 of 41 entertain a motion, then, for the Continued Public Hearing of Items 15, 16 and 17 until June 24, 2003. Nary: So moved. Bird: Second. Corrie: Motion has been made and seconded to have a Continued Public Hearing June 24, 2003, on AZ 03-002, CUP 03-001, and CPA 03-001. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 10. Lakes at Cherry Lane No. 9 update. Power: Mr. Mayor, before you adjourn, you had asked for an update on the Lakes at Cherry Lane No. 9. Steve, can you give me that update? I don't know if you need to amend your agenda or close the Public Hearing and, then, just let him speak to you, but I wanted to raise that issue before you adjourned. Corrie: We'll add the Item Number 10. Okay. Update. Go ahead, Anna. Powell: Steve. Mr. Arnold. Corrie: Oh. Sorry, Steve. Arnold: Mr. Mayor, Members of the Council, I will be brief and I saw that in testimony with Bear Creek 6, but a Freudian slip came out when I looked at Tammy. No, I have not followed up on things like I should have and I know Mr. Nichols has talked to me. I was going to send you a letter basically explaining where I was at, but I'll take this forum as an opportunity to tell you that I have been slack. Basically, I did meet with Nampa- Meridian, I had discussions with them about what I was to do, what I was to design, we just have not gotten a design to Nampa-Meridian and that is our fault, I will make that a priority, so that next time you see me here I can present to you the modifications that you had requested that I submit. As noted from the -- I'm not sure the last time we met on this, but I was to go out and submit a modification to the approvals of the Lakes at Cherry Lane No. 9. What I was doing is I'd like to get Nampa-Meridian Irrigation District's approval, a letter from them, approving plans -- I will be quick -- approving our plans before I submit that modification to you. That's where I am at. I have got to get plans into them, I'll get it approved, and, then, I'll submit the modification. I have gotten calls from -- I believe it's Laura with the Lakes at Cherry Lane No. 9 requesting that and I have played phone tag back and forth and I will keep the neighbors informed as well. That's where I'm at. I promise I will get something to you soon. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 39 of 41 Corrie: Mrs. de Weerd. De Weerd: So, Steve, you will keep the neighbors that live along that ditch informed, you know, as you move forward with your plans? Arnold: Mr. Mayor and Councilwoman de Weerd, there is one neighbor that I have worked with. I'm assuming that she's contacting everyone and that's what she was told -- had told me. She was here at the public meeting at the Pre-Commission meeting, I believe, and this was all discussed, so -- and that's my contact. I'm not contacting each individual that backs up to it I'm just -- De Weerd: Okay. Arnold: And as soon as I do get a plan approved, I will let them know. Corrie: Thank you. Arnold: I apologize for not having it. Corrie: Anything else from staff? Okay. Anything from Mr. Nichols? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I noticed in our boxes we had a petition about a one-way street issue for Main Street and I didn't know whether the -- it seemed like it would be appropriate for our next joint meeting with ACHD. If we wanted to have that conversation or if we wanted to invite the petitioners to Pre-Council -- not all of them, just the instigators of that to a Pre- Council prior to our meeting with ACHD, so we at least have the gist of what their concerns are or what their issues are and have that conversation with ACHD. I don't know if we really have an opinion at this juncture at all, but I just thought I'd throw that out to at least get a discussion before our next -- I think it's in July is our next meeting th with ACHD. July 14. Maybe sometime between now and then we could have a Pre- Council with the people who are supportive of that. Corrie: They'll just tell us why and I would really like to know. I can see traffic go up at 45 miles an hour down the street and no stoplights it's not good. Let them decide what they -- Nary: Not that we have decided -- Corrie: We haven't decided I just have my own opinion. Okay. De Weerd: Mr. Mayor? Meridian City Council Meeting June 10, 2003 Page 40 of 41 Corrie: Mrs. de Weerd. De Weerd: So, do you want someone to -- your suggestion that we get together with a couple of the instigators -- I couldn't tell from that petition who the instigators were. Nary: And I -- yes, I don't know who that is. I just thought before we went to ACHD and said here is a petition and we don't really know who is behind it or what they want, I thought if we do that, then, maybe we could get their input and tell them we will pass that on to ACHD. De Weerd: Prior to that joint meeting. Nary: Prior to our joint meeting. I don't know who the persons behind that are. Corrie: I do. They came in the office and gave me the -- so I'll see that they get the information. De Weerd: So, when did you want to do that? th Nary: I thought a Pre-Council between now and July -- before July 14. We have only thst got a couple, either June 24, I guess, or July 1. De Weerd: So, I'm assuming the Mayor will -- Nary: Just invite those folks to come. Corrie: I think we have a light agenda. It's a good time. That will give us enough time to get things done ahead of time. Nary: Sure. Then, we have something to pass onto ACHD and have a discussion about that. Corrie: If you would put that on there. Nary: Do we need at least acknowledgement on the record, Mr. Mayor, that we are going to have a special meeting on Monday and no meeting next Tuesday? I think we had already previously discussed for Tuesday, but -- so that it's clear and, then, Mr. Berg would put out appropriate notice. I don't know if we talked about the time. Corrie: That's right. 5:30 didn't we say? 5:30 to 6:30 and we would be done, a special meeting Monday. We will have a statement to make at that time and Frank will be here and so -- Nary: And I take it we will have an agenda. We just wanted to make sure we made a th note today that we will be having a special meeting Monday, June 16, at 5:30. We will th not have any meeting on Tuesday, June 17, since we will all be at the -- Meridian City Council Meeting June 10, 2003 Page 41 of 41 th Corrie: Just a special meeting on the 16 at 5:30 and I will get you an agenda and we will -- okay. Anything else? Nary: Move to adjourn. Corrie: Okay. Motion has been made. Do I hear a second? De Weerd: Second. Corrie: That we adjourn. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Adjourned. MEETING ADJOURNED AT 9:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK