Loading...
HomeMy WebLinkAbout2006 10-17 Meridian City Council Meetina October 17. 2006 A meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday, October 17, 2006, by Mayor Tammy de W eerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, John Overton, Bill Johnson, Len Grady, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Good evening. I'd like to welcome you all here tonight. It is Tuesday, October 17th. It's a few minutes after 7:00. We'd like to welcome you here. We'll start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and tonight we will be led in the pledge by two students from Meridian High School. Jessica, do you want to lead us in the pledge? (Pledge of allegiance recited.) De Weerd: I do have City of Meridian pins for both of you for leading us tonight. Thank you. So, you are the first student of the year that has joined us, so you're extra special. And she's on our youth council, I might add. Item 3: Community Invocation by Bishop John Wheeler with LOS Church: De Weerd: So, Item NO.3 is our community invocation. Tonight we will be led by Bishop John Wheeler. I'm sorry. He's with the LDS church. Is he with us here tonight? Okay. Rather, we will have Senator Russ Fulcher lead us in the pledge -- I mean in the invocation if you would. If you will step forward to this microphone. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Sorry to put you on the spot, but -- Fulcher: Not a problem. De Weerd: -- we know you are flexible. Meridian City Council October 17, 2006 Page 2 of 30 Fulcher: I'm flexible. De Weerd: Thank you. Fulcher: Shall we pray. Gracious Heavenly Father, we want to thank you for this time together this evening. We also just want to pray for wisdom and guidance as we go about business. We thank you for the opportunity to be here and for the opportunity for voice and for the opportunity to organize in a way that would honor you. We praise you and thank you for this time and we just ask for wisdom and guidance in all that's said and done, in your precious name we pray, amen. De Weerd: Thank you, Senator Fulcher. And because you have led us tonight, I would like to offer you a City of Meridian pin as well. Fulcher: Thank you very much. Item 4: Adoption of the Agenda: De Weerd: Okay. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a -- we have an ordinance number in the regular agenda, which is Item No. 27 is Ordinance 06-1270. It has also been requested on the regular agenda that Items 23 and 24 be continued to October 24th. And Items 25 and 26 also be continued to October 24th. With that I move that we approved the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve New Beer and Wine License Applications bv Christina Braneskv for Divine Wine. LLC, at 2310 E. Overland Road, Suite 105: B. Water Meter Easement for Town Place Suites (Marriott Hotel) by Eagle Meridian Hospitality, LLC: Meridian City Council October 17, 2006 Page 3 of 30 C. Aareement for Professional Services with Parametrix for Design of Water and Sewer Improvements in Conjunction with ACHD Intersection of Linder and McMillan Project: D. Aareement for Services with AspireOn: E. Contract with Cascade Pipeline Corporation for Water and Sewer Improvements in Conjunction with ITD Locust Grove Road Grade Separation: De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Planning Department - Matt Ellsworth 1. Presentation of COMPASS Request for Preliminary Commitment I Support for the Walk-able Communities Initiative: De Weerd: Thank you. Item 6-A under our planning department, I guess, Anna, tonight you are Matt. Canning: Yes, ma'am. There we go. Madam Mayor, really, I'm just going to introduce Terri to you from COMPASS. Terri Schorzman is going to give us a short presentation or introduction the Walk-able Communities Initiative. De Weerd: Thank you, Terri, for joining us. Meridian City Council October 17, 2006 Page 4 of 30 Schorzman: Thank you, Mayor, City Council. I will be brief. I just wanted to talk with you about getting a preliminary commitment of your support for the application for COMPASS to move forward on a Walk-able Communities Initiative. What this is is an opportunity for those of us in the region to participate at a national level with Walk-able Communities. It will help Communities In Motion and I think it's a great opportunity there. There are a series of very competitive projects around the country, so if we come in strong as a group with partnerships, that we -- I think we will have a stronger application. What we are looking to do is -- and I don't have all the details yet, but we would come in as a small to mid size metropolitan planning organization with -- that would entitle us to five half day workshops over a course of three days for a cost of 17,000 dollars. The more partners that we have -- we are looking at about a 1,500 to 2,000 dollar commitment from -- from our partners to move forward with this. And the application will be due sometime this fall. They will notify me when they are ready to entertain an application. And the fee includes training for our local people to work with the groups and do the workshop and, then, we run community audit workshops probably by next fall if we are accepted in the program. So, I'm here just asking for preliminary approval if you're interested in participating. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I probably didn't -- you probably said it, but I didn't hear it. Who is the grant through or the program through? Schorzman: The grant is through the National Center for Bicycling and Walking and they are based in Bethesda, Maryland, and they run these workshops all over the country with some national experts in areas of planning and land use and walk-able, bike-able communities. Rountree: Is that like a nonprofit organization? Schorzman: A nonprofit organization. Rountree: Okay. And, excuse me, Madam Mayor. De Weerd: Uh-huh. Rountree: What kind of dollars are we looking at ultimately? Schorzman: We are looking for -- a total package is 17,000 dollars. We come in under workshop two, under the small to mid size range and so we are talking to the major cities, Valley Ride, Commuteride, COMPASS, obviously, put in, you know, about 2,000 dollars and if I had a nice package with the major jurisdictions, then, I'd like to, you Meridian City Council October 17, 2006 Page 5 of 30 know, address some of their possible funders to help us, such as some of the health agencies, hospitals, and other kinds of organizations that might be interested in partnering with us to help bring us forward. The thing that's really great about it is that it's truly community based. It really is bringing all of your communities together, bringing the residence, really, to understand what their communities are about and how that they can make them more walk-able and bike-able. De Weerd: Okay. Any other questions from Council? So, the financial commitment you're asking for is -- Schorzman: About 1,500 dollars and we wouldn't really need to talk about the funding until we are approved into the program. I'm just looking for preliminary interest that you guys are interested in participating for me to go forward and to the grant in a month or so and, then, I will have more detail once I really get into it with them. But we thought this was a good first step to talk to you. Rountree: Madam Mayor, I would be interested and -- Bird: I would be very interested. Rountree: -- very open at this point. Bird: Very interested. De Weerd: So, is it the consensus of Council? Mr. Wardle. Wardle: Madam Mayor, certainly I agree. I'm wondering how that can work into our current pathway study and if there are opportunities to help integrate that into the process as well. Schorzman: We would certainly do that and that's the goal of coming to our major jurisdictions that are working on all of these plans, that we would, then, actually help those plans be implemented, so we would work with all of your planning staff to make sure that that's done well. De Weerd: Okay. Well, you have heard from Councilman Bird and Rountree. Is that the consensus of the rest of the Council? Borton: It is. De Weerd: Okay. Well, Terri, you have our support. Schorzman: Great. I appreciate it. Thank you very much. B. Public Works Department Meridian City Council October 17,2006 Page 6 of 30 1. Tabled from October 10, 2006: Aareement for Hookup to the City of Meridian Sewer I Water System Outside City Limits for William J. Walaamott II at 2660 East Franklin Road: De Weerd: Thank you. Okay. Item 6-B we have Public Works Department. Len. Grady: Madam Mayor, Members of the Council, this item was presented last week and tabled to this week to allow the applicant to come forward and address questions. So, with that I would suggest we call the applicant up. Wardle: Thank you, Len. Is the applicant present? If you will state your name and address for the record. Walgamott: Yes. It's Bill Walgamott. You want the property address or my residential address where I reside? Wardle: Your residence, please. Walgamott: Okay. It's 3919 North 28th Street, Boise, Idaho. 83703. Wardle: Thank you. Len. Walgamott: I apologize, I wasn't here last week, I was just -- just told that he needed to come and answer some questions. Wardle: Okay. Mr. Rountree. Rountree: Mr. President, the point I made last week on this particular application was that the applicant was not hear and it was going along the lines of if we were to approve this there are certain conditions and whatnot as it relates to being annexed into the city of Meridian and the point I wanted to make sure is if the applicant knew of those conditions, understood those conditions, so it's not a case of us doing it to them, but them knowing full well what they were getting into. So, I would like to hear from the applicant. I think I got a head shake, but -- Walgamott: Yes. And I apologize, I didn't know I was supposed to be here last week or -- Rountree: That's all right. Walgamott: -- I would have been here. And, yes, I'm full aware of all of the implications that come with this, so -- Rountree: Thank you. Meridian City Council October 17, 2006 Page 7 of 30 Bird: That's the only question I had, too. De Weerd: Well, any other questions from Council? Len, any outstanding issues that should be discussed? Wardle: None that I'm aware of. Brad said it was good to go. De Weerd: Okay. Well, we appreciate you joining us here tonight and being available to answer that critical question, do you or don't you. So, thank you so much. Walgamott: Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: If I could just verify with Mr. Walgamott, does the agreement have -- is the current property owner's name Mary Wale? Walgamott: Yes. Nary: Has the transaction been completed or are you still in the process of purchasing the property? Is she still the current owner? Walgamott: She owns the property. We actually own it together. We are partners. We are in the process of getting all of our ducks in a row. We'd like to put a day care center at that particular property. Nary: So, will she still remain as the owner or she will be signing the agreement, too, I guess is what I'm asking. Walgamott: Yes. We will both be -- she remains as the current owner until we get all of our approvals and, then, we will be going into an LLC and the LLC will own the actual property. Nary: Okay. All right. Thank you. Walgamott: Uh-huh. De Weerd: Okay. Thanks again. Walgamott: Thank you. De Weerd: Okay. Council, I believe that staff needs direction on this item. Meridian City Council October 17, 2006 Page 8 of 30 Rountree: Madam Mayor, I understand they need direction. Other than a motion for one way or the other, is there a resolution that needs to be prepared or an ordinance or Nary: No. Madam Mayor, Members of the Council, Councilmember Rountree, if you want to -- if the Council moves to approve this agreement, then, you can simply do that, we don't need a resolution. Rountree: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, is there -- that last question seemed a bit odd. Who is the owner of property? Is it Mary Wales? Does she need to come and make this request? Nary: Well, Members of the Council -- or Madam Mayor, Members of the Council, Council member Borton, Mary Wales has signed this agreement. She is the current property owner and I didn't know, since he said they were buying it, if that transaction had been completed, so that they should be the appropriate party, but since she currently owns it, we have recorded that document, it applies to all successor parties, so it would be binding on their LLC or if he buys it outright or however that goes. Borton: Okay. De Weerd: Okay, Any further questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the agreement for the hook up to the city sewer and water for the property at 2660 East franklin Road. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Parks Department - Doug Strong: Meridian City Council October 17, 2006 Page 9 of 30 1. Kiwanis Park Development. Impact Fee Reimbursement. and Real Property Conveyance Aareement: De Weerd: Thank you. Item C is our Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As you may recall, several months ago we brought forward to your proposal to enter into an agreement with Kenai Development, Park Point Development, to develop Kiwanis Park and for a donation of a little over two acres to the park be a part of that project and participation by the developer in the green up phase of the park. So, in that period of time since we have been working on the agreement, which you have I think a very near final copy of before you tonight. It's -- we are still working on getting things clarified in it clear after 5:00 o'clock tonight. So, I think we are very close to a final agreement. We wanted to give you the opportunity to take a look at that and discuss any questions that you have tonight and bring it back next week for approval. There is a couple of elements in it that are important, certainly the transfer of property that would add the two acres to the existing property and, then, our agreement with the developer to develop the park and the pathway connection out to Eagle Road that we discussed earlier that was not on the table earlier for development, but with this opportunity to partner with the developer is now going to provide us with, essentially, a completed park and a pathway connection to Eagle Road. So, the last two pages of the exhibit show you the contractor's bid for completing that work and, then, the next page is the budget that goes along with what extra things we need to do to finance the completion of the project, which would include installation of a restroom and a playground. The Kiwanis club still wants to build a shelter on the site, but at the completion of this work everything would be, essentially, done, with the exception of the shelter and a basketball court, tennis court, we are still discussing whether we want to look at maybe a little bit different design for a basketball court that might be a tennis court with basketball on the end. Looking at some design opportunity there. So, maybe the first thing would be to discuss the transfer of the property and the deed and what is involved with that and, then, I can -- and I will ask Bill Nary to talk about that part of the agreement and, then, talk about the other part. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, you have in front of you a proposed agreement for both park development impact reimbursement and real property conveyance. Mr. Baird from my office has been working with counsel for the developer in this case Richard Andrus from the law firm of Butler & Spink. I think we have got some -- I think we have got this into its final stages. I have gotten a couple of e-mailsfromMr.Baird this evening. He has been corresponding with Mr. Andrus on a couple of very minor changes. I think the most significant change that we have reached in this resolution is not having the restrictions on potential transfer in the future and after 30 years they have agreed to allowing of that to be in the city's control in the future. Most of the other things are fairly minor things. Mr. Baird was anticipating getting the last of it cleaned up and have an actual final copy for your approval for next week on their consent agenda and, then, I think we can complete the transaction and there is Meridian City Council October 17, 2006 Page 10 of 30 some issues on the deed and make sure all the language is correct and the property descriptions are correct and we can get all that done after this agreement is signed. De Weerd: Okay. Council, any questions? Doug, anything you need to add to that? Strong: Excuse me. Madam Mayor, Members of the Council, I think the only thing that I know that Mr. Baird and I discussed today was to bring back to you a copy -- a signed copy of the deed from the other party next week. That's typically the way I think you want to receive agreements -- or a signed copy of the agreement, not the deed, so that you will be reviewing and signing a signed copy by the other party. And if there is no more questions about -- De Weerd: Well, Mr. Strong, I guess my question is -- this is something they came and requested of Council a number of months ago; is that correct? Strong: That's correct. De Weerd: And I guess this is a great segway into the next piece I anticipate you covering, is this additional cost. It was my impression that when they came and suggested this donation, it would be green and a lot of this work was included in that donation; is that not correct? Strong: That's partially correct. And maybe I will just dive right into -- De Weerd: Okay. Strong: -- that segment of -- the discussion at the time was the developer would participate in the green up of the park and when you look at the breakdown of the cost for the contractor, the parking lot, the pond, pond liner, we already had the irrigation pump installed, there were other costs outside of what was determined to be green up cost, so that the set donation of 275,000 dollars that's identified in the agreement is to pay for the items that, essentially, define the green up, the irrigation system, seeding the grass, the tree planting. those elements and, then, the additional work along -- green up along the pathway connection, which when we earlier budgeted for the green up of the park it did not include the pathway connection to Eagle Road or to the segment of the pathway that comes in from Eagle Road. So, we have actually had an added benefit that we are able to connect that in the first phase. So, the other elements that are left out are other -- concrete for where the restroom and shelter and play equipment will be, the parking lot, the connection to the pump station, the pond and pond liner, those elements, so -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 17, 2006 Page 11 of 30 Bird: On your list of expenses I got a question to ask. You're saying 500 dollars for a punch list and final walk through of 400 dollars and O&M's and manuals and stuff -- isn't that done by the -- by the architect or engineers and why would we be putting money out for a punch list and walk throughs? Strong: Madam Mayor, Councilman Bird, this -- this contract was negotiated by the developer. The developer is our construction manager on this project. I have a representative from the developer here tonight that maybe can answer those questions. Bird: I'd like an answer. I have never been paid in my life for a punch list that I was called back on. Strong: This is Joe Atalla from Park Point Development. De Weerd: Thank you for joining us, Joe. Atalla: Thank you. Joe Atalla, 6223 North Discovery Way in Boise. 83713. Madam Mayor, Members of the Council, and Councilmember Bird, to answer your question about the punch list items and the final work through, this Exhibit C here is the proposal that we received from the contractor. We put the project out to bid and this contractor won the proposal based on a lump sum originally and their lump sum number was considerably lower than the next contractor. After that we had them break it down further, so we saw where all the money was going and how much specific items of green up were and these items showed up afterwards. Bird: Okay. De Weerd: Okay. Council, any other questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Doug, the 275,000 donated work to be completed, that has already been completed; is that right? Strong: Madam Mayor, Councilman Borton, that work -- I'm sure that the work that's progressed at the site they have gone beyond the 275,000 dollars that is currently identified to be donated by the developer. When we did our park tour back in August and we looked at Kiwanis Park it didn't look like much had happened there. If you go out there today it looks dramatically different and especially since the development to the north and the earth moving work that's being done there is all the way down to Overland Road it's a dramatically different look today than back in August. So, there Meridian City Council October 17, 2006 Page 12 of 30 has been a tremendous amount of work accomplished at the site already and it continues uninterrupted as per the commitment from the developer. There has been no stoppage because they have gone over 275,000. So, their commitment has been very true to our earlier verbal agreement. Until the written agreement's in place they -- and they knew at the time, they are committed beyond what they are offering financially to the project. We are very pleased with what we see there to this point. The work has been very well done, even to the point of making extra effort to get the paved pathway connection to the high school in the week that school opened and that was -- that was their first priority, they got right in and got it done and there was only I think two days that there wasn't pavement, but that the pathway connection never was obstructed to distract from students getting to the high school. De Weerd: Thank you, Doug. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. You do have a request for a budget amendment in front of you. Strong: Madam Mayor, I would need to bring that back next week. I have not prepared that and brought it to you and finance yet. This just -- De Weerd: I know. I was going to say I don't remember seeing a form. Strong: No. It's not -- it's not come through yet. So, what I guess I want is guidance from -- if we bring it back and discuss it or we can bring it back on a Consent Agenda for next week, if you have no other questions or any need for any changes there. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Regardless of the form, I mean if it's going to be brought back, I don't know if we -- to determine the particular meetings if it's on an agenda or not. Mr. Nary, is that - Nary: Madam Mayor, Members of the Council, I think if you want to have it as a discussion item you can certainly direct that we have it as another report for next week. Otherwise, our normal course would be to put it on the Consent Agenda and you can always pull it off for discussion if you needed to. I think all that Mr. Strong was trying to do was just, I guess, give you all the opportunity to have some time to look at this agreement, since you have just seen it today. Again, I think we will have some final tweaks to it, but this is generally the document that you will see next week and if there isn't anything else, we can certainly just put it on for Consent and if you have questions Mr. Strong could be here to answer them. Wardle: Madam Mayor? Meridian City Council October 17, 2006 Page 13 of 30 De Weerd: Mr. Wardle. Wardle: I guess my preference would be for the agreement portion to bring that forward on the Consent, with the budget amendment in a department report for next week. De Weerd: Okay. Okay. Well, I appreciate your time and thank you, Joe, for joining us. We look forward to seeing this as a completed project next week. D. Mayor's Office: 1. Presentation by Mayor's Anti-Drug Coalition: De Weerd: And now that I have challenged staff, they have been diligently trying to see if we can play this DVD on my computer. And I apologize, Council, I have been at meetings all day and so wasn't around to follow up with staff to make sure that this was set up and it's not -- and I appreciate your effort over there. So, we will go ahead and put it on our agenda for next meeting and I ask your forgiveness for not having that set up. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-045 Request for Final Plat approval of 61 Single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Villaae Subdivision by Incline Village, LLC - 1947 and 1923 North Black Cat Road and 5136 West Cherry Lane: De Weerd: So, we will move to Item No.8, which is FP 06-045. Canning: Madam Mayor, Members of the Council, we don't have the computer reconfigured -- put back together yet, but staff is recommending approval of this final plat application and there was -- the applicant has provided a written agreement with the conditions. They did ask for clarification on condition number 13 and staff agrees with their clarification. It's for Incline Village Subdivision. There we go. Sorry. De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No.8, FP 06-045 final plat. Bird: Second. Meridian City Council October 17,2006 Page 14 of 30 Rountree: With clarification of item 13. Bird: Sorry. Second. De Weerd: Okay. I have a motion and a second to approve Item No. 8 with the change. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: FP 06-044 Request for Final Plat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-4 zone for Cabella Creek Subdivision by A TM Development, LLC - Northeast Corner of Mesa Way and East Victory Road: De Weerd: Okay. Item No. 9 is FP 06-044. Anna. Canning: Madam Mayor, Members of the Council, this is the Cabell a Creek final plat and, again, we do have a -- staff is recommending approval of the final plat and the applicant has provided a written statement saying they agree with the conditions. Similarly, they have proposed a mitigation plan and condition in response to one of the conditions of approval and the staff is supportive of the mitigation plan they have proposed in their response letter. De Weerd: Okay. Any questions from Council for staff? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No.9, FP 06-044, with the inclusion of the applicant's commitment to the mitigation proposal. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9 with changes as noted. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 17, 2006 Page 15 of 30 Item 10: Reauest to Remand back to Plannina and Zonina Commission from Applicant for Reconsideration for Baraya Subdivision by RMR Consulting, Inc.: De Weerd: Item No. 10 is a request to remand back to the Planning and Zoning Commission and for a reconsideration. I will open this discussion with comments from our planning director. Canning: Madam Mayor, Members of the Council, you have -- you had continued the Findings for this matter until we could have the Ten Mile Charrette. We had the Charrette and the applicant worked diligently with the Charrette team to come to a compromise on what would be appropriate for this area and he is asking tonight for you to remand the application back to the Planning and Zoning Commission, so that he can make it consistent with the Ten Mile Charrette recommendation as it currently stands. De Weerd: I guess, Anna, my question is it's gone through the Charrette process, it hasn't come in front of Council for any comments prior to going through the public process. Is this premature or would it be best to continue this until it's more finalized? And I guess that would be the comfort level of Council at this point, too. Canning: With regard to the timing, weare proposing that -- the earliest cutoff that the applicant could submit for would be a January 4th Planning and Zoning Commission meeting, if -- which would probably be about a month before the Charrette gets to you with the application submitted in December. So, there is some lag there, but it would give them an opportunity to work with the Planning Commission and work forward. They are still a little bit in this predicament, but I -- I think that overall it could be accommodated with the -- staff's initial concern was that we may come up with land uses in the area that were totally inconsistent with what was being proposed, particularly if this whole block went office or something like that in the Charrette process. But we -- the area is generally shown as residential, so I think that even if the Ten Mile Charrette results were tweaked or -- that if they are not changed completely, then, he should be fairly consistent with what's being proposed. But there is going to be a gap there. De Weerd: Council, any comments? Canning: Also Mr. Hood did provide a memo to you just regarding the fees. This has gone all the way through the process, so we -- our staff felt that if Council were -- did want to remand this back, we would like to get some additional fees for the preliminary plat, just to review the new application and that's what's detailed in that memo. De Weerd: Council, any questions for Anna? Would you like to hear from the applicant? Rountree: Yes. De Weerd: Okay. Meridian City Council October 17, 2006 Page 16 of 30 Schultz: Good evening, Madam Mayor and Council. My name is Matt Schultz at 2127 South Alaska, Meridian, representing RMR Consulting on this Baraya Subdivision that was before you back in August. The biggest reason for denial that I can think of was the fact that there was impending Ten Mile area planning effort that we had not participated in and immediately after the denial we -- going into the hearing there was an 18 month -- you know, there was a discussion that it might take 18 months to get through the Ten Mile planning area process, but immediately after that we found out from Anna that we could get through as soon as three months, so when we asked for reconsideration we asked for a three month continuance of the Findings and the request for reconsideration, so you have both of those here in front of you tonight. So, having gone through that process, which we looked at the whole 2,800 acre area, which ours is 90 acres, under a microscope with your consultant HGR, the major stakeholders in the area, the highway district, the school district, all the land owners -- having worked through that process and made all the changes and modifications, we felt that we should ask for you to approve the reconsideration based on the fact that we have worked through that process and that we believe what we have conforms not only with your current Comp Plan, but with what is proposed in the new area plan that would be brought before you later on. As Anna said, we won't be able to get on until January with Planning Commission, probably February, maybe March with City Council. We feel that there is plenty of time to get through the Charrette and, even so, we feel like we do conform with the current Comp Plan, as well as the new one, in that it is residential, there is some difference -- this is a very old layout there. That has nothing to do with what we are proposing. The school district has stepped up to the plate and said they'd like an elementary school site. I think he came to and said, whoa, we are going to have a lot of residential out here. I don't think he realized that before. Which is fine. I mean that's something we need to do is -- but that's just one aspect of how this thing has changed and so, therefore, we'd ask for -- respectfully ask for your approval of our request for reconsideration, for you to remand this back to the Planning Commission to the January 4th, 2007, date, if we get our things in on time with Anna. We are willing to take the chance in revising our preliminary plat, our traffic study, our landscape plan, about 7,500 dollars in fees, that we go back in front of Planning Commission and come back in front of you and you still reserve the right to approve or deny. So, we'd just like a fresh start and ask for your approval. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Schultz: Thanks. De Weerd: Thank you, Matt. Schultz: Thank you. De Weerd: Mr. Wardle. Meridian City Council October 17, 2006 Page 17 of 30 Wardle: Madam Mayor, I guess I have two concerns with remanding this to the Planning and Zoning Commission and the first would be we have heard some tentative timelines, we have had the Charrette, we are turning that into a document that can come before the Council and be considered. My comfort level with remanding this without that document in place -- it's not a real high level of comfort. My second concern is staff has looked at trying to find out what sort of an impact a remand would be and charging an additional fee, which is outside the scope of what we currently have. So, that concerns me as well. I would be more comfortable remanding this application after we have been -- after we have approved the Charrette and the Ten Mile study. De Weerd: Okay. Other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I understand where Councilman Wardle is coming from and I think I just heard from the applicant that they are willing to -- and understand where they tread in their particular request. So, yes, I would like to have the Charrette summarized and brought before us and us actually act on that. I believe in this particular case, given the applicant's comments, they are still at risk of what might come out of the approval process for the land use activities out there. So, I would be inclined to support the idea of remanding it back to Planning and Zoning, particularly if I what hear is correct and they have a new plat, they have worked with the school district, with the school site, and those sorts of things. Bird: Was that a motion? Rountree: No. It was just my comment, the other side of the issue. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree with Councilman Rountree, as long as -- as I understood the applicant, they are willing for the extra fee cost and they are taking that extra step and they understand that it's no guarantee if they are remanded that it's going to come back and go through. So, I'm in favor of allowing the request. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know -- excuse me -- how common this is. I don't know if it's a good policy to have, but that if a particular application comes forward and is denied for Meridian City Council October 17, 2006 Page 18 of 30 whatever reason, that there is a request to reconsider and a myriad of changes and asked to go back and -- to P&Z and do it again. I don't know if we invite some sort of slippery slope or that becomes the norm to request if you have got problems or application is denied, to go this particular route. Be concerned for our P&Z Commission and staff, it creates a problem and extra work and doesn't quite cover their fees and expenses. I agree with Councilman Bird and Rountree, I don't have a problem in this case. The applicant's readily acknowledged that there is no remarks by this Council one way or another as to what's going to come of that, but I am unsure -- looking down the road as far as other applications that might be denied in further months and years, that a lot of that -- at least right now that sort of do over process for reconsideration. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I don't know if this will help address any of those questions. All the -- if the Council were to grant this reconsideration, all you have done -- and I think Councilmember Rountree and Bird have hit on that, that's it -- all you have done is put this -- put this particular applicant back in the cue to come back after the plan has had an opportunity to be discussed with you for the south area, for your folks to provide comment, they are going to comply with that. If you have other applications in this area and the taking this position as a Council that you're not going to approve anything -- any request until this plan is completed, this wouldn't be doing that, this would simply be putting them in back of the stage to come back through the process. As to your other question in regards to I guess creating a potential problem in allowing this reconsideration, if you look at it beyond the fact that this is an annexation request and because that's the unique nature of this type of request for the City of Meridian at this time, it is consistent with the Idaho Code, because normally if this wasn't an annexation request, but merely a preliminary plat, you're required to, then, give the applicant information and recommendations as to what they can do to be approved. If they can meet those recommendations, then, they could ask for reconsideration and an opportunity to bring that back in front of you. So, the code sort of anticipates that that's an action that Council would consider. Because this is an annexation, you don't necessarily have to give those specific recommendations, because if you choose not to annex, you're not obligated to annex, but since part of the concern the Council raised at the time was the specifics of the Ten Mile area plan and they are willing to meet those -- in fact, have begun their process of doing it, you're not creating something that the Idaho Code hasn't anticipated you would be doing anyway. So, I don't -- I don't think the concern you raised is probably something you're going to have to wrestle with each time anyway and isn't something that the code already contemplates you doing, so -- De Weerd: Okay. Rountree: Yes, Madam Mayor? De Weerd: Mr: Rountree. Meridian City Council October 17, 2006 Page 19 of 30 Rountree: I just wanted to make sure that the students understood that. Bird: Did you get all that? Nary: And I'm sure if Councilmember Rountree got it wrong, Mrs. Wildwood will correct me when it's her turn, so -- Bird: He talks different now than he did when he sat three chairs down. Rountree: Thank you. Nary: We will have a short lesson after the meeting. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not to do this thing any longer, I move that we approve the request to remand -- to remand back to Planning and Zoning Commission the RMR project and to include the additional fees as agreed upon by staff and applicant. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Tabled from July 25, 2006: Reauest for Reconsideration of Denial for Annexation and Zonina and Preliminary Plat for Baraya Subdivision by RMR Consulting, Inc.: Item 12: Findings of Fact and Conclusions of Law for Denial: AZ 06-025 Request for Annexation and Zoning of 95.57 acres from RUT to R-8 and L-O zones for Baraya Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: Item 13: Findings of Fact and Conclusions of Law for Denial: PP 06-024 Request for Preliminary Plat approval of 406 single-family residential lots, 1 office and 23 other/common lots on 94.05 acres in the proposed R-8 and Meridian City Council October 17, 2006 Page 20 of 30 L-O zones for Barava Subdivision by RMR Consulting, Inc. -- southeast corner of West Franklin Road and South Black Cat Road: De Weerd: Thank you. Item 11 is tabled from July 25th, a request for reconsideration for a denial. I will ask Mr. Nary what we need do with that. Nary: Madam Mayor, you don't need to take any action, since the prior action on Item 10 took care of that. On items 12 and 13 you can simply move to vacate those Findings, since they will go back to Planning and Zoning, you will get new Findings when that eventually comes back to you. De Weerd: Okay. We can do that in one motion. Nary: You can do that in one motion. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we vacate the Findings in Items 12 and 13. Bird: Second. De Weerd: Okay. The motion in front of you is regarding 12 and 13. Do I need a roll call, Bill? Nary: No. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Request for Reconsideration for Denial for Annexation and Zonina. Conditional Use Permit. and Variance for Reaency at River Valley by The Regency at River Valley, LLC: De Weerd: Okay. Item 14 is a request for reconsideration. I will turn this over to Anna. Canning: Madam Mayor, Members of the Council, this is a request for a reconsideration by Regency at River Valley. The applicant in this case had submitted annexation and zoning, Conditional Use Permit, and three variance requests. Their letter asked for a new hearing before Council and the applicant is here to provide additional info. De Weerd: Okay. Council, would you like to hear from the applicant? Meridian City Council October 17, 2006 Page 21 of 30 Bird: Madam Mayor, I would. De Weerd: Okay. Mr. Bird, thank you. If you will, please, state your name and address for the record. Rindlisbacher: Yeah. My name is Greg Rindlisbacher with the Bach Team, located at 11650 South State Street in Draper, Utah. De Weerd: Thank you. Rindlisbacher: Thank you. Madam Mayor and Members of the City Council, we'd like to ask if our project, the Regency at River Valley, could be -- would be reconsidered and have another opportunity to present that to you in a Public Hearing. What we would like to know, if we could -- between now and the next Public Hearing, get some feedback from the Mayor and the City Council members on their concerns with the project, get some input on what they would like to see there that would be something that you would feel comfortable with, that is something that can be approved through the city. We would also be willing that we would be working with the planning staff on implementing these changes on our plan and present these changes and these revisions in the next Public Hearing. We would also address all the concerns that were brought in the previous Public Hearing. So, we would like to ask for that reconsideration tonight. Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: I don't think we can -- nor do we want to, if we were to have that request, do we want to discuss this at all with anybody -- nor have we discussed it with anybody. Hope none of us have. I have -- I have no problem bringing them back. I feel they -- through the Public Hearing and through the motion and our discussion, they have got to have some kind of idea what we were concerned about. They can do, you know, what they want. I have no problem -- we have always, most of the time, have let people, if they wanted to change something. If they are not going to change something, I don't want them coming back. You know what we didn't like. At least look at changing some stuff. De Weerd: Anna. Canning: Madam Mayor, Members of the Council, Caleb Hood and I spoke with the applicant earlier today and I think he perhaps misunderstood what could happen between now and the next hearing. What we were struggling with was -- well, I wasn't there, so I wasn't -- couldn't provide any help and I think Mr. Hood didn't quite understand what your concerns were either. So, that is what I think the applicant was trying to ask is can we have a new -- another hearing, so that he could understand what your concerns were. Does that make sense? I'm seeing a perplexed look from some of the Council members, so -- Meridian City Council October 17, 2006 Page 22 of 30 De Weerd: So, Anna, as I understand it, this request is made to open it up to get feedback from Council on what would need to be done to gain approval? Canning: Yes, ma'am. De Weerd: Okay. Mr. Nary, is that the appropriate protocol for this? Nary: Madam Mayor, Members of the Council, like I said before, in an annexation request -- I mean there is a lot of discussion at that particular Public Hearing from the Council and the minutes are available. I don't know if the applicant has reviewed those as to what the Council concern were and whether to annex the property at this time, where the variances that were being requested was too challenging for that site and too big a stretch for this Council to approve those various exceptions to the code that they were seeking. There was quite a bit of discussion regarding the tiling of the drain and whether to tile it or not. There was a lot of discussion over the amenities and the variance in regards to that and the parking. So, I mean there was certainly a lot of information. If the Council wants to have another hearing, you are certainly free to do that if you wish, but it isn't necessarily appropriate to have another hearing just to have another discussion, but you're welcome to do it if you want to. But, again, I don't know if they have reviewed it. I have reviewed their letter of request and Mr. Bird was correct, the Council can't provide them further input outside of a Public Hearing, but there was quite a bit of input that was provided when they originally heard it. So, the Council is free to grant a reconsideration or not. De Weerd: Okay. Council, any information you need or do you have-- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If nobody has anymore discussion, I would move -- I might not get a second, but I'd move that we consider the request for reconsideration for the denial of annexation and zoning for River Valley by the Regency at River Valley, LLC. De Weerd: Okay. I have a motion to approve the request for reconsideration. Do I have a second? Okay. Council, that motion denies for lack of a second. So, that would -- I don't think you need to have a motion to deny, but I would need a motion on Items 15 through 18 to approve the Findings of Fact. And that includes 19 as well. Is that correct, Mr. Nary? Nary: Madam Mayor, we have in the past, if the Council does not wish to grant the reconsideration, the Council has moved to deny it -- De Weerd: Okay. Meridian City Council October 17, 2006 Page 23 of 30 Nary: -- deny the request, so it has been the normal protocol. And, then, the other ones they would have to moved to be approved. Bird: Yes. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I move that we deny the request for Item No. 14, request for reconsideration for the Regency at River Valley. Borton: Second. De Weerd: Okay. I have a motion and a second to deny the request for reconsideration. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just for the purposes of discussion -- and it's been made reference to with regard to a request like -- and it goes to the applicant and anyone else that makes a request like this, when you make calls to Council members to discuss it -- I know there was -- I could tell you there was a call to me, which I didn't return. It's not to be rude, but it's for that specific purpose that you can't even invite the opportunity to have a dialogue about that outside a public meeting like that. So, if you got a bunch of non- return phone calls, that's why. There is a reason for it, so -- and I just wanted the applicant to know that. De Weerd: Okay. Thank you. Okay. If there is no further discussion, Mr. Berg. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Findings of Fact and Conclusions of Law for Denial: AZ 06..035 Request for Annexation and Zoning of 12.06 acres to C-C (1.50 acres) and R-40 (10.56 acres) zones for Reaency at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Item 16: Findings of Fact and Conclusions of Law for Denial: CUP 06-022 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 204 multi-family dwelling units on 12.06 acres in a proposed R-40 zone for Reaency at River Valley by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Meridian City Council October 17, 2006 Page 24 of 30 Item 17: Item 18: Item 19: Findings of Fact and Conclusions of Law for Denial: VAR 06-014 Request for a Variance to UDC 11-3C-6A to provide less than 2 covered parking stalls for each multi-family dwelling unit for Reaency at River Valley by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Findings of Fact and Conclusions of Law for Denial: VAR 06-015 Request for a Variance to UDC 11-4.3.27B3 to provide less than 80 square feet of private, usable open space for each multi-dwelling unit for Reaency at River Valley by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: Findings of Fact and Conclusions of Law for Denial: VAR 06-016 Request for a Variance to UDC 11-3H-4B2 to construct a vehicular access to a state highway at a location other than a section line road or the half mile mark between sections for Reaency at River Vallev by The Regency at River Valley, LLC - east of Eagle Road and north of Fairview Avenue: De Weerd: Okay. Items 15 through 19 are all to approve the Findings of Fact for Denial. I would need a motion to approve those Findings. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Items 15,16,17,18 and 19, the Findings of Facts and Conclusions of Law for Denial. Rountree: Second. De Weerd: Okay. I have a motion to approve the Findings of Facts on Items 15 through 19. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 20: Reauest for Reconsideration of Denial of Annexation and Zonina and Preliminary Plat for Northborouah Subdivision by Gemstar Development, LLC: De Weerd: Thank you. Item 20. It's a night for reconsiderations. I will start this item with staff.comments. Meridian City Council October 17, 2006 Page 25 of 30 Canning: Madam Mayor, Members of the Council, this is the Northborough Subdivision project and you have a letter from the applicant -- from Mrs. Wildwood regarding this reconsideration and, again, they are requesting a new hearing before Council. De Weerd: Okay. Council, would you like to here from the applicant's representative? Bird: Yes, ma'am. De Weerd: Susan. Wildwood: Good evening, Madam Mayor, Members of the Council. Appreciate the opportunity to come here and ask for reconsideration of this matter. I provided you a letter. I did go through the minutes trying to be sure that I understood what your concerns were. I was not available the night of the hearing, so I got a copy of that just from staff and I went through it, so I think that I distilled out what your major concerns were -- Nary: Name and address, please. Wildwood: I'm terribly sorry. Thank you for reminding me. Susan Wildwood. Business address is P.O. Box 6502, Boise. 83707. Thank you, Mr. Nary. In any event-- De Weerd: That's why he's here. It's not just window dressing. Wildwood: You know what, I liked his opinion. I have been reading that and I'm going to -- you know, I'm going to go I want that. I have to be able to say that. I'll remind him about it the next time. So, we're talking about piping or tiling the White Drain. The issue on that one was when we went back and I had the surveyor go in and verify that we only owned to the center of the White Drain and, then, looking at what other amenity questions you had if we were not going to tile it, what did your ordinance actually allow us to do, have it as a water amenity, a lineal amenity, I think the bigger issue was safety of the kids, which was one of my concerns about leaving it open. Could we fence it off, what about a pathway? You had concerns with Mr. Lloyd having access immediately to the north, so we spoke with him and have a letter of intent. We weren't exactly sure how we would create an easement at this date, but we have a letter guaranteeing access. And, then, the last question was master planning for the vicinity. De Weerd: I guess, Susan, I have -- I have to interrupt you for a moment. Mr. Nary, can we take this kind of detail in a reconsideration request? Nary: Madam Mayor, Members of the Council, I was listening, in case you didn't think I was. Mrs. Wildwood is only addressing what's already in a letter that's part of the public record. In this -- what she's done differently than your prior applicant is she has looked at the minutes and tried to address those concerns as the basis for hearing it again, not the basis to approve it, but Simply as the basis to meet at least a standard which, again, is up to the Council's discretion, but the standard of bringing forth information that Meridian City Council October 17, 2006 Page 26 of 30 maybe wasn't available at the prior hearing or wasn't made clear at the prior hearing. So, she's not bringing it to the merits, but simply to just support the opportunity to be heard again in a Public Hearing. De Weerd: And to give that during a Public Hearing process. Nary: Yes. De Weerd: Okay. Thank you. Wildwood: Thank you, Madam Mayor. That is correct. It's my understanding that the standard is, in part, to say that this information was not available to the Councilor was not presented in this particular form and we would like the opportunity to bring it back to you with a more detailed presentation with the maps and that other planning to show you that we could address those concerns. De Weerd: Thank you. You may continue. Wildwood: That's alii had to say, Madam Mayor. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Well, Council, you know the process, since we have already done it a couple times already this evening. So, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The concerns that I have -- or had at the last hearing haven't particularly changed with the reconsideration. J'm not in support of reconsidering the denial, at least my concerns with regards to the various parcels at stake in this particular region. My concern over -- I think the terms was piecemeal development. Again, through no fault of the developers, but this particular region doesn't -- nothing's changed since the denial for me in my basis, which would support reconsidering it. De Weerd: Okay. Is there any other discussion? If not, J would need a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council October 17, 2006 Page 27 of 30 Borton: I move that we deny Item 20, the request for reconsideration -- or, excuse me. Yes. I have got some double negatives. Move that we deny the request for reconsideration of the denial in Item 20. Wardle: Second. De Weerd: Okay. I have a motion and a second to deny the request for reconsideration on Item 20. Mr. Berg, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 21: Findings of Fact and Conclusions of Law for Denial: AZ 06-030 Request for Annexation and Zoning of 8.03 acres to an R-8 zone for Northborouah Subdivision by Gemstar Development, LLC - north side of Ustick Road and east of Linder Road: Item 22: Findings of Fact and Conclusions of Law for Denial: PP 06-030 Request for Preliminary Plat approval of 35 residential lots and 4 common lots on 8.03 acres in a proposed R-8 zone for Northborouah Subdivision by Gemstar Development, LLC - north side of Ustick Road and east of Linder Road: De Weerd: Okay. Thank you. Items 21 and 22 are Findings on the Northborough Subdivision. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Items 21 and -- can we -- do we do them separate? Both together? Nary: You can do them together. De Weerd: You can do them -- Borton: That we approve Items 21 and 22 on the Findings of Facts and Conclusions of Law for denial of the annexation and zoning and preliminary plat. Wardle: Second. De Weerd: Thank you. There is a motion in place to approve Items 21 and 22. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council October 17, 2006 Page 28 of 30 Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 23: Item 24: Public Hearing: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Villaae Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Public Hearing: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Villaae Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: De Weerd: Okay. Items 23 and 24 have been requested to continue. I will open these two public hearings on AZ 06-042 and PP 06-044 and entertain a motion to continue these two items. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Items 23 and 24 until October 24th, 2006. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Items 23 and 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 25: Item 26: Public Hearing: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Public Hearing: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: De Weerd: Item 25 and 26 are public hearings AZ 06-044 and PP 06-046. These both have also been requested for a continuation to the 24th. These two public hearings are open and I would consider a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 17, 2006 Page 29 of 30 Rountree: I move that we continue Items 25 and 26 until October 25th, 2006. Bird: Second. De Weerd: Okay. The motion in front of you is to continue Items 25 and 26 until next week. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 27: Ordinance No. 06-1270 : AZ 06-019 Request for Annexation and Zoning of 10.59 acres from RUT to a R-4 zone for Southwick Subdivision by Gemstar Development, LLC - 1255 West Ustick Road: De Weerd: Okay. Item 27 is Ordinance 06-1270. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1270, an ordinance for annexation of property located in the Government Lot 4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of this ordinance and providing for a waiver of the reading of the rules and providing an effective date, De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in it entirety? I appreciate you not saying yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve 06-1270, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 27. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 17, 2006 Page 30 of 30 De Weerd: Thank you, Mr. Berg. That is the end of our agenda and I think you all win a City of Meridian pin, since that is something that we do when you last to the end of our meeting. Berg: Madam Mayor, you may point out that this is a very unusual situation, because you'll miss all your favor television shows by the time you get home. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: So moved. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:10 P.M. 1/ / /1- / (J 6 DATE APPROVED