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HomeMy WebLinkAbout2006 11-08 Special Meridian City Council Special Meetina November 8. 2006 A Special Meeting of the Meridian City Council was called to order at 7:13 P.M., Wednesday, November 8, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Bill Johnson, Len Grady, and Dean Willis. Item 1: RolI.call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Good evening. We appreciate you all being here with us tonight. It is Tuesday -- or it's not Tuesday. It's Wednesday, November 8th. It's 7:15. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Tonight we are very honored to have with us the Mountain View soccer team, the state champions, and I think we might have a few of our JV players as well. At the JV level they don't go all the way to state, but I might note that the JV team is also the district champions. So, you have a lot of outstanding soccer players certainly in our presence. We appreciate you being here with us tonight and I will ask you if you will, please, lead us in the pledge of allegiance. If you will all rise. (Pledge of allegiance recited.) Item 6: Department Reports: A. Mayor's Office 1. Proclamation for Recoanition of Mountain View Hiah School Boys Soccer Team State Champions: De Weerd: Well, Council, if you don't mind, I will go ahead and move the proclamation up on our agenda and today we are declaring it Mountain View High School Boys Soccer Team Day and with that I will read the proclamation and, then, present it to the team and along with some City of Meridian pins. Whereas the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Soccer Team for having an outstanding season this year and whereas this team has compiled 14 Meridian City Council Special Meeting November 8, 2006 Page 2 of 44 wins, four losses, two ties in their season record, with a total of 95 goals made and 25 goals scored upon and whereas this team took home the state 5A high school boys soccer championship on October 21 st, 2006, and whereas the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, cheerleaders, students, faculty, athletic director, parents, boosters, and supporters, and whereas this soccer team took away from this season more of the memories about soccer, but life lessons learned through team efforts and their coaches, and whereas this is the first team in the Mountain View High School history to win a championship, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Wednesday, November 8th, as Mountain View High School Boys Soccer Team Day in the City of Meridian in recognition for the success of the Mountain View High School boys soccer program this season. Congratulations to all of you. Job well done. I think what I will ask you to do is as I present your pins if you will step up to the mike and just tell your name, age, your level in school, so that we will have a chance to know who you are, so -- and first is coach -- would you, please, step forward. We know -- no coach is always in the background, but certainly we want to share our appreciation. Ajir: Well, Madam Mayor, thank you for having us in here. I want to have my assistant coach also come up, Chuck Sykes. We want to present you with a bouquet of flowers from the team and a T-shirt championship -- state championship T-shirt. It has -- it does have their names on it, so thanks for having us here, so -- okay. My name is Dean Ajir, I'm actually from Boise area, but I coach over here at Mountain View and I'll pass it off to you. Sykes: Well, I'm the assistant coach to Dean. I'm Chuck Sykes, I live in the Meridian School District. De Weerd: Okay. I'm pleased to present the proclamation to you and congratulate and -- sorry, Dean -- congratulate you for a season that was incredible and wish you luck next year. Ajir: Thank you very much. De Weerd: Congratulations. Ajir: Thank you very much. De Weerd: Now, if we can all introduce -- are you the team captain? If you'd like to show your trophy and just introduce yourself. Burnham: This is our trophy. I'm Daniel Burnham, I'm forward, and I'm a senior. Feels good. Ochsner: I'm Dylan Ochsner and I played defense throughout the whole year, so -- yeah. And I'm a senior as well. Meridian City Council Special Meeting November 8,2006 Page 3 of 44 Channer: My name is Michael Channer. I'm a senior. I played forward also all year. Bird: Walk into the mike guys. Channer: Want me to start over? My name is Michael Channer, I'm a senior, I play forward. Allen: I'm Jacob Allen and I played goalie throughout state and right -- mid field and some forward during regular season. And I'm a senior. C. Allen: My name is Cody Allen, I'm a sophomore, wing, and that's where I played all year. Sykes: All right. I'm Nick Sykes. I played mid field and I'm a junior. Hamm: All right. I'm Nathan Hamm, I played defensive mid field, and I'm a junior. Bacon: Okay. I'm Jacob Bacon and I'm a junior and I play defense. Jacobs: I'm Jake Jacobs, I'm a senior, and I play defense. Lemus: Daniel Alberto Lemus, I'm a senior, and I play left mid field. Richardson: Zach Richardson, I'm a sophomore, and I play mid field as well. Sturm: I'm Brian Sturm, I played keeper throughout the season, and I'm a sophomore. Fujimoto: I'm Stephan Fujimoto, aka Fuji, and I play defense and I'm a junior. Wagner: My name is Gary Wagner, I play mid field, and I'm a sophomore. Lawton: My name is Tyler Lawton, I play right mid field, and I'm a sophomore. Ault: I'm Evan Ault, play on JV, and I'm a junior, and I playa little defense. Shawver: I'm James Shawver and I'm a freshman and I played mid. Reeves: I'm Brandon Reeves, I'm a sophomore, and I play defense. Pearce: I'm Michael Pearce, I'm a sophomore, and I play defense mid field. Captain: I'm one of the captains, I just wanted to say for -- thank you, Dean, for this good year and kind put us through some bad moments, but we got passed that and ended up winning state. So, yeah. Meridian City Council Special Meeting November 8, 2006 Page 4 of 44 Captain: Thanks, Dean. No, really, thanks, Dean for -- for the great season, and, Chuck, appreciate it and thanks, Mayor, for this and -- for this opportunity that we have to come here and -- yeah, so -- Player: Feels good. Player: Anybody want to say anything? Fujimoto: We would like to thank our great team manager Angie Veasy. And we are going to need more wax. De Weerd: We want to thank you all for joining us and, again, congratulations for a great season and we will look forward to seeing you again next year. Okay. We love taking the opportunity to recognize our youth and we appreciate you bearing with us. It's -- it's not often do we have those opportunities. Item 3: Community Invocation by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus Christ of Latter.day Saints: De Weerd: Okay. Next item on our agenda is our community invocation. We will be led tonight by Bishop John Wheeler of the Meridian Paramount Ward of the Church of Jesus of the Latter-day Saints. If you will all join us in the invocation or take this as an opportunity for a moment of silence. Bishop. Wheeler: Our Father in Heaven, at the beginning of this City Council meeting we take a moment to give thee thanks for the blessings that we enjoy living in this great community in this wonderful state in this free country that we enjoy, the freedoms that are here, the freedoms that we have to participate in government, to express our voice and our opinions, to elect our local leaders, and to participate in building this community. Father, we have so many blessings to live in this prosperous area, things that we enjoy, the wonderful community that this is. Father, at this time we pray a blessing to be upon our leaders, those who give of their time here as part of the City Council, the leadership here in Meridian, that thou would bless them with wisdom and with guidance. Bless us to be able to work together as we wrestle with the challenges of a growing community, that we may be able to work in partnership and in wisdom, to be able to come together and find good solutions for the challenges that face us and make this city a wonderful place to come to and a wonderful community to be a part of. Father, we are so grateful, once again, for thy blessings, for the peace and prosperity and freedoms that we enjoy and, again, pray that thou would watch over the proceedings here this evening and bless us with wisdom and with guidance and direction. Father, these things we do pray for at this time and do so in the name of Thy Son Jesus Christ, amen. De Weerd: Thank you, Bishop Wheeler. I would like to also present with you a City of Meridian pin for joining us tonight. Thank you so much. Council, one more interruption into our meeting. I had received an e-mail today and we appreciate the freedoms that Meridian City Council Special Meeting November 8,2006 Page 5 of 44 our veterans have fought for and certainly sacrificed and we received an e-mail today. On the day after election day where we have an opportunity to express ourselves through out vote and a few days before Veterans Day we did think that this was an appropriate reminder, so if you will all bear with us. (E-mail video played.) De Weerd: Thank you. Just a timely reminder of the sacrifices of those that have served. Do we have any veterans in the room with us tonight? Ron in the back. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Council, adoption of the agenda, Item NO.4. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item F, which is resolution number 06-540 has been asked to be moved to the regular agenda as 7-F. Item number R on the regular agenda has been asked to be moved to the Consent Agenda of 11/14/06. On the regular agenda Item No. 8 has been asked to be tabled to November 28, '06. And Items 9, 10, 11, and 12 have all been asked to be continued to 11/21/06. And on the regular agenda Items 19 and 20 are ordinance. Our ordinance number for 19 is 06-1272 and Item No. 20 is 06-1273. With that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 3, 2006 City Council Regular Meeting: B. Approve Minutes of October 10, 2006 Pre-Council Meeting: C. Approve Minutes of October 10, 2006 City Council Regular Meeting: D. Approve Minutes of October 13, 2006 City Council Special Meeting: Meridian City Council Special Meeting November 8, 2006 Page 6 of 44 E. Findings of Fact and Conclusions of Law for Approval: PP 06. 040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: G. Addendum to Development Agreement: MI 06.002 Request to Amend the previously approved Development Agreement for Walareen's Pharmacy ( RZ 05..008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies - 3150 West Cherry Lane: H. Pathway Easement Aareement for Tustin Subdivision with Dyver Development: I. Public Works Change Order No. 3 for the Centrate Tank Construction with Carollo Engineers: J. Scope of Services for PRV SCADA Proaramming with DC Engineers: K. Water Main Easement Agreement for Boondock Properties, LLC by Select Investment: L. Approve Agreement for Creamery Demolition and Tree Removal with Ideal Demolition: M. Contract for Wastewater Treatment Plant Expansion Project Task Order No.4 with Carollo Engineers: N. Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell: O. Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of Nazarene: P. Sanitary Sewer and Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene: Q. Development Agreement: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Sprinas Townhomes by John Flaherty Construction - south of West McMillan and west of North Meridian Road: Meridian City Council Special Meeting November 8. 2006 Page 7 of 44 R. Aareement for Professional Services with Civil Survey Consultants. Inc. for Enaineerina Services for Utility Projects in Conjunction with ACHD Project: S. Development Agreement: AZ 05.056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: T. Development Agreement: Lamont Kouba I Robnett Construction for Initial Point Subdivision on East fairview Avenue: De Weerd: Item 5, Mr. Bird. Bird: Madam Mayor, I move that we -- on the Consent Agenda, Item No. F be moved to the regular agenda as 7-F. That is Resolution No. 06-540. And Item R I move that we table that to November 14th, 2006. With that I move that we approve the Consent Agenda as stated 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 as changed. Is there any 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: B. Legal Department: 1. Approve SWAC Recommendation for Benches for Playground and Walkina Path for Under Elementary for $1,369.00: 2. Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 De Weerd: Okay. Item 6-A, we have already heard the proclamation for the Mountain View High School soccer team, so we will move to Item B, our legal department. Mr. Nary. Meridian City Council Special Meeting November 8,2006 Page 8 of 44 Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, there is a couple of items that are on your packet that were items that were approved by the Solid Waste Advisory Committee. Our standard process is to bring those back in front of you for final approval. The first one is for benches at the -- for the playground and walking path at Linder Elementary. It does meet all the criteria that's been previously established by the Commission and approved by this Council, that it's -- at least 50 percent of it is provided by the applicant of the cost. Some of that's in equity of installation, of that's in fund raising, that it be within the city limits, that it have some way to memorialize what the -- what the contribution from the solid waste fund has been, whether it's in a sign or some other method, that they will also provide that and this does meet all those criteria for both items one and two. If you have any other questions, Councilmember Rountree is also a member of the committee, so, hopefully, myself or he can answer any other questions you may have. De Weerd: Thank you, Mr. Nary. Any questions from Council? Bird: I have none. De Weerd: Okay. Council, I need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the SWAC recommendations for benches for the playground and walking path for Linder Elementary for 1 ,369 dollars and also to approve the SWAC recommendation of park benches for Fuller Park for Western Ada Recreation District for 2,575 dollars. De Weerd: Okay. Do I have a second? Wardle: Second. Borton: Second. De Weerd: Okay. I have a couple of them. We do have a motion and a second on Items B-1 and 2. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. 3. Discussion of Draft Arts Commission Ordinance: De Weerd: Okay. Item 3. Mr. Nary. Meridian City Council Special Meeting November 8, 2006 Page 9 of 44 Nary: Thank you, Madam Mayor, Members of the Council. I'm going to pass out to you __ you probably should have it on your laserfiche, but if any of you want a hard copy of it __ we have a draft proposal for an establishment ordinance for a Meridian City Arts Commission. Madam Mayor has tasked us -- we have had a couple of meetings on the subject and we have put together a draft ordinance for this. There is a lot of work to be done from this, so this is sort of the starting point for establishing a city-wide arts commission. Part of that commission would be, then, tasked to create a plan for the city, a long range comprehensive plan for public art and other type of activities or projects they may want to participate in. There are available grants for these types of things. There is some need that can be met through some public grants, through either the state or other agencies, but this is sort of the initial phase of that. It's a very basic ordinance. We did look at a couple of other cities in trying to establish an appropriate type of commission. From reviewing it, probably one of the things we need some input on is the size of the commission that you think is appropriate. Some cities have as large as 15 people. I think that's a little too cumbersome to have for a commission. Somewhere between five and seven. This one is five. Somewhere between five and seven is a good working group, especially because of the initial commission is going to be tasked with helping create some identity and some planning for the future for the city. If you have too large a group that makes it a little unwieldy. That's the basics of the ordinance in front of you. Certainly Madam Mayor may have more input about it, but if it meets your needs, we can bring it on in the next week or two and put it on your agenda for approval. If you have other input or issues you want us to address in here we can do that as well. De Weerd: Thank you, Mr. Nary. Council, Councilman Borton, our Planning Director Anna Canning, Matt Ellsworth, Bill Nary, and a representative from the State Arts Commission met to discuss this. She also provided us with a number of different ordinances and grant ideas, those kind of things. So, this is the initial draft. We wanted to get that in front of you, so that you can -- we can ask for discussion and your direction. Mr. Borton, do you have anything you would like to add? Borton: No. It was a great meeting, Madam Mayor, and I think it's a great opportunity. The time is right when you look at the Ten Mile area plan and some of the other developments that are taking place, that a commission like this adds great value to the city. Mr. Nary, one of the questions I had to you on the ordinance -- and from my perspective I'd like to see it come forward and get the process started. Whether or not the ordinance itself should say there is five members or is it permissible to say a minimum and a maximum and, then, allow the initial Commission through its bylaws to establish what works best to be able to fine tune it, seven, nine, perhaps, and, then, let the initial board do the bylaws and determine what works best. It looks great to me. I appreciate your bringing it forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special Meeting November 8, 2006 Page 10 of 44 Bird: I believe this is a very very good step in the direction, but I have come to the conclusion that I would like to step back to like we did when I first come on five, six years ago, and put this on a pre-Council meeting for a five, ten minute talk and discuss it and I don't -- you know, I'm only one vote out of four, but I'm -- I want to go back to the old way of -- on ordinances, that we have a discussion before it passes and I -- while I agree that this is a great deal, I want to really have a discussion on it. De Weerd: Mr. Bird, I appreciate those comments and that is what the intent is is to, first, introduce this to you in a public forum, give you a chance to look at it before we ask for comments and discussion. Bird: So, Council President, let's get this set up on a deal. I would appreciate that. If the President agrees. Wardle: We will do it. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Would the rest of the Council be at least for that discussion to amend the membership section to a minimum of five up to nine? Is that -- I can make that amendment and we can certainly have whatever other discussion you want. Bird: That's what the discussion -- that's where we can discuss it. Nary: Okay. All right. De Weerd: Okay. We will bring this back next week. We do have a Pre-Council agenda I believe on air quality. So, be a great partner with that. Wardle: We have full pre-Council agendas from here until February, so we will get it on. C. Council President's Report: De Weerd: Thank you. Okay. Item 6-C. Mr. Wardle. Wardle: Thank you, Madam Mayor. Item 6-C is the Council President's report and Councilman Borton and I had a wager on the Boise State, University of Idaho football game and because my daughter Taylor is here in the audience, I would like -- and this is going to be on the record, to note that making a wager can have certain negative consequences, but you should always honor your commitments and so I shall do that and proclaim publicly that it is with great enthusiasm and heart-felt conviction that I take Meridian City Council Special Meeting November 8, 2006 Page 11 of 44 this opportunity to publicly proclaim my support of Boise State football and to tell all present how proud I am of their great accomplishments. Bird: And sing the fight song. Wardle: Go Broncos. Rountree: A little more enthusiasm. De Weerd: Now, we could talk about the same weekend I believe that the WSU Cougars beat a certain Oregon team and I, you know, didn't have a wager, because I don't do that. Mr. Borton, do you have any comment? Borton: Sean -- Councilman Wardle is a good sport. He read that word for word. Wardle: Thank you for the opportunity. Borton: I'll give you another one next year. De Weerd: Okay. Wardle: Thank you. De Weerd: Thank you. So, that's your report, uh? Wardle: That's it. Item 7: Items Moved from Consent Agenda: F. Resolution No. 06.540 V AC 06.012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No.7 by Brighton Corporation - 1037 West Bacall Street: De Weerd: That was worth it. Okay. We did remove an item from the Consent Agenda. Item F on resolution number 06-540. Canning: Madam Mayor, Members of the Council, last week or -- I think it was last week you approved a vacation for a drainage and utility easement of three feet. We got __ or two feet. I'm sorry. And the record of survey came through and instead of having a full four foot setback, which would lead to the two foot vacation, they have a 3.93 setback. So, there is .07th of a foot, which is about an inch, that -- so we need to amend the resolution for the vacation to say two feet and an inch or 2.07 feet, but we did need to amend that resolution. And the applicant is here if you want to chastise him, but we do ask that you make that change to the resolution. Meridian City Council Special Meeting November 8, 2006 Page 12 of 44 De Weerd: That's why you brought your daughter. Oh, that is just shameless. Mr. Nary. Nary: Madam Mayor, it was my recommendation that we pull it off this Consent Agenda and make note of it and, then, you -- the Council can recommend inserting that into the written documents, so that it accurately reflects what it is and I guess if they could re- read the BSU proclamation again, I guess that's the price you pay for making an error. De Weerd: You did say it with a smile on your face, Councilman Wardle. I was very impressed. Okay. Council, I guess you're being asked to pass this with the change as reported -- or not. Or we can ask the applicant to comment. What is your desire? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we pass as just indicated with the amendment. Wardle: Second. De Weerd: Okay. I have a motion and a second to pass Resolution No. 06-540, with the changes noted. Rountree: And I might add that -- to my motion that there be a time out to the applicant. De Weerd: Can we put him in the corner? That's always effective. Okay. Any further discussion? Mr. Berg, will you call roll. Canning: Pardon, Will? De Weerd: Will you, please, speak into your microphone, Mr. Berg. Berg: Sorry, Madam Mayor, I was just making sure before I call roll that I had all the documents that I needed for this resolution. De Weerd: Okay. Berg: And I was just inquiring if I needed to have a different exhibit attached. You can't read the numbers as it is on the exhibit, which we have. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what gets recorded is the -- additionally is the resolution itself. So, your direction and your motion is to make that correction as Meridian City Council Special Meeting November 8. 2006 Page 13 of 44 noted by the planning director, they can make that correction on the record and record it that way. De Weerd: Okay. Berg: And I guess my question, Madam Mayor, is if it's -- the exhibit doesn't follow what it says in the resolution, then, we don't have the right exhibit. Now, all I'm asking is if I have the right exhibit to follow up with the numbers on the resolution. And is that the right exhibit? Nary: I believe it is the right exhibit, because I think that's how we caught that the -- the amendment was less than what was -- it's not the right exhibit. Bird: No, because that's showing a three foot. Canning: Madam Mayor, Members of the Council, I mean we have rounded -- this is a rounding error that normally we wouldn't be concerned with. The only reason that we were concerned was clearly identifying this one is because we are going to have a recorded lot line adjustment that says 3.93 feet. I think the exhibit is fine, with the clarification in the text there is an additional inch that's being vacated there. De Weerd: Okay. Rountree: That was the intent of my motion. I don't know how we go about getting paperwork corrected. Berg: Thank you, Madam Mayor, I will call roll. De Weerd: Thank you. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Before we move into our regular agenda, I will invite all of you to make way for the future, it's our -- kind of our demolition party at the creamery, if there is anything left. So, if you have noticed the creamery building has started the demolition process, but we did want to have a ceremony that honors the roots of our past and the history of that site as we make way for the new City Hall project. That is on Monday, November 13th, at 11 :00 a.m. and it will be in the parking lot behind this building over by the old Farmers and Merchants State Bank Building. So, we'd love to have you join us for that ceremony. Item 8: FP 06.046 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres in a proposed R-8 zone Meridian City Council Special Meeting November 8, 2006 Page 14 of 44 for Cedarcreek Subdivision by Liberty Development, Inc. - near the Northwest Corner of West McMillan Road and North Meridian Road: De Weerd: Okay. Item 8 has been requested to continue to November 28th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 06-046 to November 28,2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continued Item 8 to the 28th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Item 10: Item 11: Item 12: Continued Public Hearing from October 24,2006: 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: Continued Public Hearing from October 24, 2006: 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 Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Continued Public Hearing from October 24,2006: 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: Continued Public Hearing from October 24, 2006: 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: Okay. Items 9, 10, 11 and 12 are continued public hearings from October 24th on AZ 06-042, PP 06-044, AZ 06-044 and PP 06-045. This has also been requested to continue to November 21 st and I will need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Special Meeting November 8,2006 Page 15 of 44 Bird: I move that we continue the public hearings for Items 9,10, 11 and 12 -- you have already given the numbers -- to November 21 st, 2006. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 9 through 12 to the 21st. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 06.041 Request for Annexation and Zoning of 8.95 acres from RUT to an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: Item 14: Public Hearing: PP 06.042 Request for Preliminary Plat approval of 24 residential lots and 3 common lots on 8.95 acres in a proposed R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715 North Locust Grove Road: De Weerd: Okay. Item 13 is a Public Hearing on AZ 06.041 and Item 14 is PP 06-042. I will open those two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this the Harpe project. It's located on the southeast corner of the intersection of Locust Grove and McMillan, as shown here. You will see that to the east and the south are developed, as well as partially to the north. The applications before you today are an annexation and zoning and preliminary plat. The plat includes 22 single family residential lots and three common lots. The lot sizes range from approximately 7,532 square feet to 8,945 square feet and, then, there is the one very large lot at the northern end of the property that's 89,833 square feet. They have proposed approximately .85 acres or 9.9 percent open space. The gross residential density is 2.45 units per acre. The access is an existing stub street, Bright Angel Avenue from Havasu Creek. So, it comes into the subdivision and it does -- they do stub to the existing house lot, so they will be removing their driveway and taking access from that stub street. And, then, there is a stub going east. I should point out we are starting to see all of these come in. You have seen these two before. We have done pre-apps on -- pre-application conferences; excuse me, on these two. I think there is -- I think there is only one of these five acre lots that hasn't come in for pre-application conferences at this point. We have some elevations as well. I will let you see those. The Planning and Zoning Commission did recommend approval at their October 5th Public Hearing. Van Elg spoke in favor. No one spoke in opposition and none commented. There was written testimony from Oliver Palmer. The key issues of discussion by the Commission were the overall density of the subdivision and the future density of Lot 13, Block 1. That's the large parcel to the north. The key Commission changes to staffs initial recommendation were to add a requirement to the development agreement limiting Lot 13, Block 1, to a density of four dwelling units per acre. I raise this as an outstanding condition only because what -- I need to explain a Meridian City Council Special Meeting November 8, 2006 Page 16 of 44 little bit what the Planning Commission was thinking. They recognize that although the density was 2.45 units per acre, the one large lot really throws that off quite a bit. It wouldn't be -- typically what you would -- the lot sizes you would expect. So, they did ask for R-8 zoning, even though this is a low density residential Comprehensive Plan designation. So, they did fit that category, but it was -- it was a little bit unusual, because of the one large lot. So, the Planning Commission wanted to make sure that as this lot developed they didn't develop at the full R-8 standards, which would allow eight units to the acre. I think that perhaps what they weren't considering is that this lot will still have a low density designation on it, which would only allow up to three units per acre. So, I would be looking for Council's -- you may want to revise that current development agreement provision that says they can only build up to four dwelling units per acre, because the Comp Plan currently would only allow up to three without a step up in density. So, that -- I talked to the applicant about this. They are fine kind of anyway you want to go. They are okay with the four dwelling units per acre. If you want to remove the condition entirely, I think they are in favor of that. That would just kind of leave it to whatever the Comprehensive Plan designation is, although this lot will have R-8 zoning. So, you may want to make some reference as to what kind of density you anticipate, should this re-develop in the future. And with that I can end staff's presentation. One final note. There has been no additional written testimony since the Planning and Zoning Commission. And I'll answer any questions you may have. De Weerd: Thank you, Anna. Any questions? Bird: Madam Mayor, I just wanted clarification. In all the paperwork and everything it says southeast corner of intersection of Locust Grove and McMillan. I think that's southwest. Canning: Southwest. I'm sorry. You're correct. Bird: Okay. I just wanted to correct it for the -- Canning: I picked it up without thinking about it as well. So, I apologize for that. De Weerd: Okay. Is the -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Anna, would you display the area and the current -- Canning: Zoning? This one? It's R-8 across the street in Settlement and, then, it is R-4 in Havasu. The project that you approved to the west was, I believe, R-4 also. Rountree: Thank you, Anna. Meridian City Council Special Meeting November 8,2006 Page 17 of 44 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, you mentioned elevations. Did you show those? Canning: Yes. There was just the one slide. Wardle: Thank you. Canning: Oh, there is two slides. Sorry, Van. De Weerd: Thank you. Is the applicant here? If you will, please, state your name and address for the record. Elg: Sure. My name is Van Elg. I'm with the Land Group in Eagle, Idaho. 462 East Shore, NO.1 00, in Eagle. De Weerd: Thank you. Elg: I represent Mr. Harpe tonight and we appreciate the opportunity to come and talk about Harpe Subdivision. A couple of things I'd like to point out on this development is we initially came in after review with staff and we had -- I think, Anna, was three or __ three more lots in this area here, but we also didn't plan on some issues with ACHD, as Gary might be able to clarify if necessary, but we have provided for some turning movement here at ACHD, some improved right of way widths there. In doing all of that -- and also to satisfy some turnaround issues with the fire department, we have come back in and readjusted these lots here. These, actually, don't require the step up or the -- the -- they can comply with the applicable zoning. It's these right here that are actually the step-up lots. As you can see, the Havasu lots down here, these are roughly the same size as the existing development. So, we have got some that are, essentially, the same size existing development and these here, which will be large in size. So, step up just in this area. This lot right here will remain and we are comfortable with what Anna has mentioned. We didn't come in thinking the development agreement would apply. We understood that should this owner here decide to redevelop in the future that he would have to come in and apply -- or apply for an application, re- subdivision of the lot, if necessary. He's got a nice home there. I don't think that will __ he indicates that probably won't happen for some time. But should that happen we have provided a stub right there for future access and coordinated that with ACHD as well. That should provide access here. It eliminates access -- you know, direct driveway access to McMillan. And, again, if he comes into redevelop his site he will have to comply with the two applicable documents. One is the Comprehensive Plan, which currently states three dwelling units per acre, and with the applicable zoning. Granting the R-8 zoning now saves the need to come back in to rezone it again, which would probably occur I would guess. We have tried to map that out several ways. Essentially, it's -- where that road lies right now you will see that it will end up with Meridian City Council Special Meeting November 8,2006 Page 18 of 44 similar type lot developments there if that house were to go away and ever develop in that area there. So, essentially, we brought this down to 22 lots, where we had 24 or 25 initially I think it was. I don't -- unless you have any other specific questions of me, I think that was, really, the most pending or significant issue and we learned of this issue today when Justin called us about their concerns with the -- which Anna just mentioned. And, again, we are comfortable just removing the DA, if you're comfortable with that, and just allowing it to be a -- let the two applicable documents apply. De Weerd: What is that second building on the existing lot? Elg: The garage. A shop. De Weerd: Okay. Council, any questions for the applicant? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Thank you. Elg: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Any further comments from the applicant? Staff? Canning: Madam Mayor, Members of the Council, I would -- the applicant has suggested that just removing the condition from the development agreement may be the most appropriate thing. I would hope you would seek Mr. Nary's advice on whether the R-8 zoning would imply that they were eligible for eight units to the acre on that, if we might not be looking at some problems in the future. De Weerd: Thank you, Anna. Mr. Nary. Nary: She's right. Madam Mayor, Members of the Council -- De Weerd: Wow, that's the shortest answer. Nary: Madam Mayor, Members of the Council, I think that would be the concern. mean if you didn't split the zoning and create two zones, if you didn't have a development agreement, then, it would certainly imply to a future development that all of it is R-8 zoning. So, it would be wise to have that restriction on a development agreement as a future guard against that being redeveloped at that -- at that density. Just a little supplement to the short answer. De Weerd: Thank you. Any questions from Council? Is the applicant okay with that? Would you like to comment? Meridian City Council Special Meeting November 8,2006 Page 19 of 44 Elg: Sure. That works with us. If the development agreement will clarify it, that was an issue we discussed with Justin, too, would cause any concerns in the future with the R- 8 zoning. The Comp Plan would still apply, as I understood it, but it could cause some confusion. We suggested other options of putting a note on the plat or something, but we just want to keep it simple, so that it's -- it doesn't become a troublesome thing. But if you'd rather -- development agreement it is and that will work for us. De Weerd: Okay. Yes, our staff loves plat notes. Okay. Council, anything further? Okay. Anna? Canning: Madam Mayor, Members of the Council, I think Mr. Nary -- I wasn't sure he was suggesting it, but I don't think it's something we talked about before, but you -- they could -- you could always step down the zoning on that large property, if that's one way you wanted to take care of this. We have gotten new legals and just done that as part of the Findings before when it's -- when it's a step down you can -- you have the ability to do that. So, if it was a concern about having the R-8 zoning, we could go to an R-4 on that lot. De Weerd: Or it's a current zoning, which -- or current allocation at the three; correct? The low density? Canning: That's what the Comprehensive Plan states, Mayor, but the zoning being proposed is R-8, which has -- allows up to eight dwelling units per acre. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, that's Lot 13, Block 1? Canning: Yes, sir. Bird: Before we close the public hearings, if we was to change that to R-4, does that have any problem with the applicant? De Weerd: No. Bird: Come up and say it. De Weerd: I believe that's what he said in his testimony. We will get confirmation, since Councilman Bird asked the question. Meridian City Council Special Meeting November 8,2006 Page 20 of 44 Elg: R-4 zoning would be fine. If it wouldn't delay the application or anything, if we just have to -- I assume it's just -- Madam Mayor and Anna, if it's just a matter of submitting a new legal description and we can -- we can handle that as well. De Weerd: Okay. Thank you. Okay. Council? Rountree: Madam Mayor, if there is no further discussion, I move that we close the Public Hearings on Items 13 and 14. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. If there is no discussion -- is there? I would entertain a motion. Rountree: Madam Mayor, I move that we approve Item 13, AZ 06-041, with the stipulation that Lot 13 of Block 1 be annexed and zoned as an R-4. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 13, with the change as noted. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Rountree: Madam Mayor, I move that we approve Item 14, PP 06-042. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. 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 15: Public Hearing: AZ 06.032 Request for Annexation and Zoning of 29.31 acres from RUT to an R-8 zone for TriloQY Subdivision by Conger Meridian City Council Special Meeting November 8,2006 Page 21 of 44 Management Group - south side of Chinden Boulevard and east of Black Cat Road: Item 16: Public Hearing: PP 06.032 Request for Preliminary Plat approval of 148 single-family lots and 14 common I other lots including 2 private street lots on 28.17 acres in a proposed R-8 zone for Triloay Subdivision by Conger Management Group De Weerd: Thank you. Items 15 and 16 are public hearings on AZ 06-032 and PP 06- 032. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Triolgy Project. It's located on the south side Chinden Boulevard approximately 250 feet east of Black Cat Road. You will recognize some of its neighbors. You have Bainbridge Subdivision to the east and Keego Springs to the south. The applications before you tonight are annexation and zoning and preliminary plat. The project is -- well, the area is, actually, part of an existing subdivision called Rambo Subdivision. It was a county-approved, non-farm subdivision. This is, in fact, the deed restricted open space lot So it's Lot 2, Block 1, of Rambo Subdivision. The applicant is proposing 145 single family residential lots, 12 common lots, and four private street lots and one future right of way. The lot sizes range from 4,000 square feet to 9,200 square feet and the average lot size is approximately 5,000 square feet. You will notice some other things. They have provided ITD with the requested right of way and I'm sure the applicant will go through the different varieties of housing types, so I will leave that to him, that are being proposed on the site. The gross residential density is 5.1 units per acre and we have added some DA requirements. One of them being that access to Chinden Boulevard shall be prohibited from this site and they aren't proposing any. The applicant shall be required to dedicate the right of way, construct the landscaping and pathway and noise mitigation along Chinden Boulevard as required by ITD and the City of Meridian. The applicant should dedicate right of way in accordance with ITD's requirements to allow for future highway expansion, so that's a hundred feet from center line is proposed. Until secondary access can be provided to the site, the Meridian fire department is limiting residential construction to 50 units. They do have a stub street from Keego Springs and a stub street into Paramount and, then, they have access to an existing street into the subdivision. De Weerd: Is that Bainbridge and not Paramount? Canning: I'm sorry. Bainbridge. De Weerd: Okay. Thank you. Canning: One large David Turnbull project versus another. I'm sorry. I do have some elevations. These are attached units. I'll just kind of go through those and, then, I'm sure the applicant will spend more time on those. The Commission has recommended approval at their October 5th Public Hearing. Dave McKinnon spoke in favor of the Meridian City Council Special Meeting November 8,2006 Page 22 of 44 application. There was no one in opposition or commenting and no written testimony received. The key issues of discussion were the sidewalk and asphalt improvements along Ramblin Court and the location of Sweitzer Avenue, so the adjacent property can use it effectively. The key Commission changes to staff's recommendation were that they did require the applicant to road trust for the sidewalk on Ramblin Court east of Sweitzer Avenue. This is Ramblin Court coming into the -- they had to road trust for the sidewalk going this short distance east before it goes down toward the cul-de-sac. And widen the pavement to at least 30 feet west of Sweitzer Avenue. So, this portion here. The key Commission -- oh, I already said that. The outstanding issues for Council -- the revised landscape plan now shows a large storm water retention pond in Lot 8, Block 5. It wasn't consistent with their previously shown landscape plan. So, we just want to make sure that the applicant in their testimony explains what is their percentage of open space, because the drainage lot will not count, unless it meets certain qualifications. So, we just want to make sure we have an accurate representation of what the open space is. Also, we want to make sure on this west property line that the applicant is actually constructing the roadway there. We have been told several times that they are, but none of the drawings really show it to make it clear. So, we just want them to go on the record to state that that right of way does actually go to the adjoining property and the importance of that is this adjoining property, we have talked to them in pre-apps before and once you provide the necessary buffers from Chinden and from Black Cat there is very little developable area and we wanted to make sure that they would be able to basically connect to the Sweitzer Avenue coming into the property and take advantage of that, because there is no room to put a roadway on their property. And with that I can answer any questions that the Council may have and I know this is a little bit more density than you have seen in awhile. We have seen a lot of -- a fair amount of larger lots, but I want to point out some -- this -- we do have surrounding properties here. This is one of the last in this area to actually come in. We have Volterra that took up most of the southern portion of this section, although this has not come in for specific approvals, it is held by Brighton Corporation for future development. So, this really is one of the last remaining pieces. It is up against Chinden. It is shown as residential on the Comprehensive Plan and that's what they are working with. So, staff has been supportive of working with the applicant. It's a challenging site and they are introducing some new product types for your consideration tonight. And with that I will stop. De Weerd: Thank you, Anna. Any questions? Yes, Mr. Rountree. Rountree: Madam Mayor. Anna, what are the lot sizes on the southern border adjacent to the county sub? Canning: Where it adjoins most of the county sub they have done their larger lots. That's through here. I believe there is one -- this is Keego Springs in this area, so the lot sizes there range from 9,000 -- that's Keego Springs. They are generally in the 8,000 to 9,000 square foot range. Rountree: And what's -- there appears to be a larger lot along Chinden. Is that for -- Meridian City Council Special Meeting November 8, 2006 Page 23 of 44 Canning: That's not part of this subdivision. That's the property that we are anxious to make sure that they get a full length of right of way along their property. The adjoining property. Rountree: I'm talking about Chinden, not -- Bird: Talking about Chinden, not Black Cat. Rountree: -- Black Cat. Canning: Oh. This property up here? Rountree: Right. Canning: Or this up here? That's the landscape buffer. Rountree: Okay. That's the landscape and that includes a noise berm? Canning: Yes. Rountree: Thank you. Canning: Sure. De Weerd: What side is that path on, Anna? Canning: Is it -- you mean which side of the -- De Weerd: The hill. Canning: -- the noise wall is it on? De Weerd: Yes. Canning: You will have to ask the applicant. I'm not sure. De Weerd: Any other questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Meridian City Council Special Meeting November 8, 2006 Page 24 of 44 McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I'll just go ahead and jump right in where Anna left off. Talk just really quickly with you about the issues that she brought up that may be issues that are outstanding. Just to address your concerns, Councilman Rountree, for giving that -- if you can go back one slide, Anna. This lot right here I think is the one you were asking about, Councilman Rountree. Rountree: Uh-huh. McKinnon: Basically 60 feet that will be for future right of way. ITD can't purchase it right now; they don't have the funds for that. They have asked for a hundred feet from center line of Chinden. They have got 40 feet now, and an additional 60 feet, it gives them a hundred feet from center line. So, in the future -- it's set aside for future right of way. Beyond that, to the south of that is a 35 foot wide landscape buffer. The ten foot wide pathway that's required be placed on the highway side, so I can be continuous all the way down through along the highway, rather than going from subdivision to subdivision to be broken in between. The issue that Anna brought up with the pond -- I have handed out some handouts so you can see where the pond is located. It's in the central lot. And, Anna, if you can fall forward a couple slides. I guess backwards. I'm not sure the presentation. There you go. That's fine. It's not a storm drainage pond. I think there may be some confusion between the staff and myself. This is not a storm drainage pond. What it is, actually, is an irrigation pond. This site currently has irrigation water that runs up the eastern boundary and, then, runs along Chinden Boulevard -- there is a waste ditch that runs through here and it feeds into a pond in this location right now. That pond has a pump in it. There is also an irrigation ditch that runs along the southern boundary north, just follows the little jigsaw here and, then, runs down the property boundary and also feeds the pond. There is not enough irrigation water in acre inches for this to be set up with pressured irrigation on a rotational basis, therefore, there is a need for an irrigation pond. So, it's very similar to the irrigation ponds you see in Paramount Subdivision. Very different from the drainage ponds and a wastewater pond. There will be a pump in there. Aeration as well. We also tried to amenitize that lot. We have put pathways around it and as you can see in the site plan that you have in front of you, in addition to the landscape plan we have gone ahead and put pathways around it, some seating areas, a seating trellis, so we have tried to amenitize it and make it into something that's actually a nice benefit to the community, rather than making it into a place where we would be storing storm drainage. The other issue that Anna brought up has to deal with Sweitzer Avenue right here. And the thought -- and she wanted me to clarify, again, for one more time, rather than leave an unfinished edge and do a half plus 12 roadway, like you typically would do adjacent to a lot that's not developing, we have decided that we will go ahead and finish this off with a rolled curb and an full curb, gutter, sidewalk section the full width of the road. And so the drafter got a little over excited here and he put in the full width. Typically you see a two foot behind sidewalk for right of way, so he put in the sidewalk and behind that you can see there is a little bit of a bump out there. There is no intention to do that. We are building the full right of way section, so there will be a sidewalk, rolled curb, so that when this property redevelops in the future they will be able to take access directly from Meridian City Council Special Meeting November 8,2006 Page 25 of 44 this. There will be no spite strip between that, so I just want to get that clarified right away, so there is no other concerns with that. I apologize for the misunderstanding with the storm drain -- it's not a storm drain, the irrigation pond, you know, something that came up and we walked the site with Nathan Draper from Settler's Irrigation and, then, it was one of the things that we knew we would have to keep. With that we added that to it. When we met with your Planning and Zoning Commission they were given the same drawings that you have in front of you and at that time it was intended to be shown as part of the landscape plan. Now, Anna, if you can go back to the beginning of the presentation and go down to -- show you how we got to the point we are at now. As Anna pointed out, this is a somewhat difficult lot. It's rectangular shaped, it's not triangular shaped, it's odd shaped. We have some restrictions to it. We have two stub streets that currently don't exist. Keego Springs is not built; Bainbridge is not built at this time. But we do know where those locations are, so we have designed around those locations. We recognize that Chinden Boulevard is a type four highway, it's access restricted, the only access to Chinden Boulevard will be through Bainbridge Subdivision at their collector street, so we have no access at Chinden Boulevard. Without an access here, access there, we are left with an access coming in off of Ramblin. So, we decided to look at these access issues and tried to figure out what kind of design would look -- would work well in this area. Once we started playing with the accesses and got a feel for that, we went to the Comprehensive Plan. Your Comprehensive Plan shows this property as medium density, three to eight units per acre. So, we knew what our parameters were for density. And, then, we looked at the surrounding subdivisions, Bainbridge Subdivision, Volterra Subdivision, Keego Springs. To the north we have Tree Farm Subdivision that's recently been annexed and the plat is coming to you soon. All very good developments and we said it looks like we already have a lot of large lots in this area, we recognize that we are right on a transportation corridor, Tree Farm will even have a commercial component to that, and in the old Comprehensive Plan this is shown as part of a neighborhood center to have some increased density in this area. So, we felt that this would be the appropriate type of use in this area. We are excited to be a part of this developing area in the future. Within those subdivisions is a commercial component in Tree Farm. We went and talked with Wendell Bigham after all the discussions that he had and during the discussions he had with Keego Springs to find out about a school site or a need for the school, the school superintendent and Wendell told us that they have met their needs for a school in this area through Keego Springs. I talked with your parks director and he said that he's worked with Bainbridge to have the park in this area. So, we have a lot of the components for a larger community here, so we have got some mixed use in this area and this would fit in well with that. So, we decided to put in a mix of residential components. Anna, if you can go to the next slide. I think it's one more. We decided to do something that you pointed out, Commissioner -- Councilman Rountree. We put the larger lots surrounding the subdivision and the reason that we did that is we recognize from the minutes that -- from the meeting that you had with Keego Springs that it was important to have large next to large. We, actually, only bound on to two properties, the property owner that we purchased from and the property owner to the south of Mr. Lawson, the Brown's property, we placed all of our large lots there. But in order to reach the density that we would like to do, we felt that we would have to do a different Meridian City Council Special Meeting November 8, 2006 Page 26 of 44 type of product to the north of that, rather than put small skinny houses across the street from larger houses on larger lots, we decided to do a paired housing product. And that's to try to keep the scale when you drive down the street. So, instead of seeing really small houses across from big houses, you can see that those elevations that we showed earlier -- and, Anna, if you can go to those elevations really quick. Rather than have a large three car garage house facing a skinny narrow house lot, we have paired them together so there is a sense of scale and scope between the two. And so we have devised some different floor plans that you can mix and match. There is three different floor plans. There is unit A, C, and B, and you can mix and match those together and they have a different frontage, a different type of feel for it. We have got the entrances off to the sides and we have got the garages in the middle to try to separate some of the living area. If you can go back one more again, Anna. Great. We put large landscape buffers coming in, large landscaped areas in this location. Large landscape in the middle. We have talked about the pond already. Another large landscape buffer at that location. Then we went and looked at this area. We have -- this is our large area we could look at. The property along the north side, the property along the eastern side. Five thousand square foot lots. A standard size lot. And, then, in the interior we did an alley-loaded product, with a narrower house brought up closer to the street and in the middle we have a MEWs or an open space fronting lot. This open space in the middle, it's approximately 90 feet wide and so all the houses will, actually, front onto that. If you can -- if you have still got the rendering in front of you, you can see that we put some trellis structures -- do you have that slide, Anna? Canning: I'm not sure I do. Hold on. McKinnon: You can stop right there. This is a project -- I believe this is in Denver. This was a similar type of design that we were thinking of. Trellis structures at all the entrances to that 90 foot wide area. It frames in the open space. You can see that these all actually open onto a central courtyard type area space and the trellis structures that serve to frame in that area, show this is open space and it's something different from the rest of the subdivision to be used for open space within the subdivision. Also, Anna, if you can flip on back a couple more slides. Come on back to the aerial, I guess. Canning: That aerial? McKinnon: Perfect. We have added some parking on the interior. Originally when we brought this to your staff, your staff's been really instrumental in helping us with this. We originally had these running the full length without a road down through the middle and in talking with your fire department, police department, and your staff, they felt that it would probably be more appropriate if we broke it down the middle, so that instead of somebody that wanted to visit someone here, instead of having them park out on the road and, then, have to walk down through to a central location. We could place the parking in the middle if this distance was cut in half. We are dealing with lanes or alleys, private roads through here. These are the four private road areas throughout the subdivision. Down below, again, paired housing. This small area here was, basically, a 300-by-300 foot square. We sat down with your planning director and we tried a bunch Meridian City Council Special Meeting November 8, 2006 Page 27 of 44 of different options there and this is what we ended up with. We ended up with an open space area, a full 29 foot street section here, instead of a one way is what we had originally had planned. And some parking on the interior, because we recognize that there would be very little parking in this area. We actually agree with all the conditions of approval that your staff placed upon this -- upon this subdivision. We agree with the Commission's recommendations for approval. The one that -- the item that was brought up at the hearing -- if you can go back down to the slides that showed the area that had to deal with sidewalk and just leave it right there. The actual right of way for Ramblin is actually back by this ditch. All of this area is in the right of way. When Rambo Subdivision was developed this landscaping was installed in the right of way, no sidewalks were required. This road is approximately 29 feet wide. In the future when we bring sewer down from Black Cat into the subdivision we will widen out the road, so it's basically a foot wider and we can have sidewalks down through here. Basically about where the big pine tree is. At the P&Z Commission meeting they said they didn't see a need for that at this point or to take out the landscaping and they said we could bond for that with ACHD and we have no problem bonding for it or building the sidewalk at that location. We are happy to take over the license agreement for maintaining the open space and to maintain the landscaping, redo the irrigation to make that work. So, we are in agreement with the conditions of approval and ask if you have any questions of us at this time. De Weerd: Council, do you have any questions? Bird: I have none. Rountree: Madam Mayor, I have a question. De Weerd: Yes. Rountree: So, Mr. McKinnon, there is a license agreement with the existing subdivision for maintenance of this? McKinnon: A license agreement would be with ACHD to plant in their right of way. Rountree: Okay. McKinnon: And we would take that over. Rountree: The homeowners association maintains this currently? McKinnon: Yeah. The homeowners association maintains that right now and they are, actually, getting irrigation from a domestic well within the subdivision and so we would cut those lines and go ahead and hook that up to our pressurized irrigation system that we are installing. De Weerd: Okay. Anything else, Council? Meridian City Council Special Meeting November 8, 2006 Page 28 of 44 Bird: I have none. De Weerd: Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony? Good evening. If you will, please, state your name and address for the record. Brown: Angela Brown, 4595 West Ramblin Court. De Weerd: Thank you. Brown: So, as part of one of the owners in the Rambo Subdivision we have been talking with Dave about -- at first we were much against having a road come in and accessing our subdivision, just because we had all come in purchasing -- there is five houses in our subdivision. We are on a dead end road right now, very limited traffic. So, we had actually been to the Planning and Zoning meeting and we have had several people speak about it and disagree that we did not want them to come into our subdivision. However, with that being said, if they do get temporary access there, we have asked Dave to work with us on creating a very nice formal entry with landscaping, taking over what we do have as common area and, basically, putting in a nice entryway, putting in a sidewalk for us here on this north side and he had talked about the sidewalk from the pine tree up to their entrance. If it could be continued on the other side or at least the nice landscaping could continue the full length to where we would meet up with Black Cat Road, because, basically, once they come in and create that entry, they cut off our irrigation and everything we have been doing to maintain it. So, rather than let it go, then, you know, we just said make it pretty. If you are going to come in and be part of our lane and add all this traffic, make it a formal entry onto our road, take over the common area, and make it look nice. Add some trees, help give us kind of a buffer to what the subdivision is going to be doing. Also along that my lot is down at the end of the street in the southeast corner and I had talked to Dave as well, because we have a berm in our backyard going up to where his subdivision is going to be, I just ask that when they put the fence in there, if they can at least match up to our berm height, so that the fence is a true six foot fence. De Weerd: Anna, can you put the plat up there so she can point out which one is her's? Brown: Where am I here? Oh. And, then, I have to learn how to control the pen, right. This one here. De Weerd: Oh. Okay. Thank you. Brown: And that's pretty much my comments for -- Meridian City Council Special Meeting November 8, 2006 Page 29 of 44 De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. Carrico: If you could pull the picture back up of Ramblin Court. De Weerd: Sir, if you can state your name and address. Carrico: Excuse me. Brian Carrico. 4685 Ramblin Court. De Weerd: Thank you. Carrico: I'm sorry. Canning: Sir, I didn't hear what you wanted. Carrico: The landscape you showed in front where the -- Canning: Okay. Carrico: First of all, my biggest problem is that the entryway they are putting isn't 250 feet, it's 220 feet from Black Cat and it gives you room to stack up ten cars from the subdivision on out to Black Cat and from Black Cat -- or from Ramblin to Chinden there is 660 feet. That gives you room for about another 35 cars. So, they are going to run a thousand cars in and out of this subdivision a day and that doesn't really give you any room to run the cars in and out. We are going to have a thousand cars a day running into our mail boxes. They come right into our house. Besides the density, they have -- you know, they are spending all this money -- Dave presented a great presentation, you know, the subdivision looks really nice and stuff, but if they are going to spend this much money on giving a privacy border, a noise border on Chinden to the new houses, why can't we at least get some kind of border in this area and where the entrance comes in is about 20 feet this side of that sign and down to the pine tree, on the other side of the pine tree, there is already a berm built with pine trees in it. If nothing else, besides what Angie said, if we can't get a decent entryway, why can't we at least have a nice border put up along there or use this only for an emergency access, which was what we were told originally was that exit would just be for an emergency, they weren't going to use it for their main exit for their subdivision, now that they decided since they can only build 50 houses until they get the other infrastructure built in, they want to do this to us. I mean it actually -- it just destroys our lives. It really does. De Weerd: Okay. Council, any questions? Bird: I have none. Meridian City Council Special Meeting November 8, 2006 Page 30 of 44 Rountree: None. De Weerd: Okay. Thank you, sir. Janicek: Brad Janicek. 4325 West Chinden Boulevard. De Weerd: Thank you. Janicek: Madam Mayor, City Council. Hi, Anna, how are you doing? Canning: Just fine. Janicek: Can you put the overhead up? Yeah. That's the one. How do you turn this on? I have got this house right here in the corner and I'm, basically, not opposed to Trilogy Subdivision. I don't have any problem with it. I just think that there is some housecleaning that needs to be done before it gets approved and I'm asking for city water and city sewer stub outs for my house here, just to make sure the irrigation is right. De Weerd: Okay. Is that all? Janicek: End of story. De Weerd: Well, thank you. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Any further testimony? Yes, please. M. Carrico: Margaret Carrico, 4684 Ramblin Court. De Weerd: Thank you. M. Carrico: My question is we haven't seen any pictures of the actual entrance there to the subdivision from our -- from Ramblin Court. Since it's right across the street from my house I was just curious if they had any, you know, draw-up plans or something that we could see -- you know, is it just going to be a plan road in and out -- you know, you just see these really lovely entrances to subdivisions these days and, you know, are we just going to get a plain stub street, basically, into that or, you know, a nice -- something -- if I have to look at it, you know-- Meridian City Council Special Meeting November 8. 2006 Page 31 of 44 De Weerd: We will ask the applicant to answer that for you. Okay. Is there any further questions or testimony before we ask the applicant to come up and answer some of the questions that have been asked? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I would like to comment on why staff has not required the applicant to provide sewer and water stub to Mr. Janicek. It's always a little difficult to say this in a Public Hearing, but Mr. Janicek's house, unfortunately, sits within future right of way and it would be our anticipation that once ITD finishes their Highway 20-26 corridor study, that this would likely be one of the properties that would have to be bought in full to complete their road widening project. You can see -- this is the full extent of his property, I believe. It's just this little corner piece and his house sits about right there. So, in anticipation that ITD would be purchasing that property at some time in the future, we did not see the need to extend city water and sewer services there. De Weerd: Okay. Thank you, Anna. Any questions, Council? Bird: Not at this time. De Weerd: Okay. Dave. If you will restate your name for the record. McKinnon: Dave McKinnon, 736 South Crosstimber. I guess I better start with Margaret's question first. About the entry. And we are more than happy to work with the Carricos on the entry there. And what we have tried to do is to provide a generous landscape buffer on this side, which is the side that we actually have a bunch of control over. In addition to that, we are happy to plant additional trees and to make this area more attractive. We don't have a drawing showing a perspective of the entrance right now. We have an island as well down through the middle of it to create a visual break in there, so it's not just the standard stub street, so it actually feels like there is an entrance as you come in and there would be signage as well in this location to say that this is what's happening here. We got into a difficult situation. I decided to spare you the long and drawn out story of our attempts with ACHD to get additional access to the site. We did have a meeting with ACHD -- I think that's what -- I think that's what Mrs. Brown was talking about how they came and testified. There was testimony at ACHD and they didn't want us to take access off this public road. It is our only public road access and as Ron pointed out, we only have the ability to do the first 50 homes off of the single access until our additional access is provided for our stub streets. We tried very hard to work with this property when it was under contract with another developer to try to gain access to Black Cat. We worked with ACHD and they wouldn't let us have access out onto Black Cat. Your staff has been very -- I guess influential is the right word in telling us that this is where the road needs to be, so that this property can redevelop in the future. Our original intent was not to have it at this location. We originally wanted to come in off of Black Cat with a road coming through and coming Meridian City Council Special Meeting November 8,2006 Page 32 of 44 here. It didn't work. ACHD wouldn't let us do it, that's why we are at with this. It's in reverse order from the rest of the testimony that was brought up tonight and offer rebuttal. Did meet with Mr. Janicek tOday out at his property. We talked about how his property is currently on a well and septic and that the only way we could get water and sewer to them is to possibly do an easement up through the side of this lot. I talked with Len Grady, your city engineer, and he felt that would be an appropriate way to do that is through an easement, if there is a need for that. Mr. Janicek has not asked for annexation at this time, no services have been offered by the city, but we can make an easement available to him at this time, if that's one way you would like to handle that. That's something that Len brought up to me tonight. I already addressed most of Ron's comments. We understand where Ron's coming from. This is a big change. This was a five lot subdivision. The non-farm subdivisions are always difficult. If we would have come in four years ago before Chinden Boulevard was classified as a type four roadway back in 2002, there may have been a possibility of getting an additional access. I can't say that that's necessarily a better solution. We are trying to limit the access on those highways to be able to continue to move traffic. So, what we are trying to do is we will work on the entrance here to make this a very appropriate entrance for this subdivision. The full vehicle trips for this entire subdivision we don't anticipate to be using this subdivision -- this access in the future. We would believe it would go through Bainbridge, as well as Keego Springs in the future, because not all accesses will go out to Black Cat at this location. Talked about Mrs. Brown's comment. Angela made some good comments. We are more than happy to take that buffer on, like I stated earlier, and we will take over that landscape area and the license agreement. We will do some additional landscaping and planting and at your wish we are more than happy to either install the sidewalk or go ahead and continue bonding for it at this time. At this time I would ask if you have any questions of me and ask for your approval and thank the staff, neighbors, and yourself for the time you have given us. De Weerd: Council? Yes, Mr. Rountree. Rountree: The drawings that we have are confusing in terms what the -- where the lots are in the subdivision versus where the right of way is. Is it a correct assumption that this block here is right of way? McKinnon: That's correct. Rountree: Or is that part of a lot? McKinnon: Councilman Rountree, that's correct, that's right of way. Rountree: Separate right of way lot. In this area here as well? McKinnon: That's, again, right of way. The road's offset to the south. Rountree: That's right of way. Meridian City Council Special Meeting November 8. 2006 Page 33 of 44 McKinnon: The asphalt section is offset to the south. Rountree: And what you're saying is that you're willing to improve or expand the landscaping in this area and maintain it as part of the entryway into this? McKinnon: Yes, sir. In addition to that, we would be maintaining this part. Rountree: And, likewise, on this lot of right of way, easy to say, but has there been any discussion with ACHD on the license agreement to do the expanded work in those areas? McKinnon: I haven't had any discussion until it was brought up to us tonight before the meeting. We are happy to do it and to maintain it. We have talked about taking over this landscaping and this right of way. It was brought up at the ACHD hearing. It's one of those things that we agreed that that's something that we would be willing to take over, maintenance of the right of way. We just -- you know, we found out that this is all being serviced off of an individual well and we -- if we have to cut that for doing the additional improvements out here -- it's actually running through a culvert through here underneath the road and that serves that. So, if we cut it up here we'd have to maintain it down here as well. I guess Gary's here tonight in the audience, if you have -- would you have a problem with the additional landscaping? If I can address -- Rountree: We will ask him that. McKinnon: Okay. De Weerd: Yeah. Did that answer your question as far as the applicant is concerned, Mr. Rountree? Rountree: Yes. De Weerd: Okay. Any other questions? Mr. Wardle. Wardle: Madam Anna, could you go to the elevations of the attached units? The first comment, Dave. On my time on the Council I haven't seen an attached unit that I have been found of. However, I like what you're doing here. My question is -- is how does the ownership work on that? Is it a common ownership? What -- I mean tell me how that -- I guess that works. McKinnon: It's similar to a townhome type ownership. You do have some shared roof lines and so it's handled in an agreement. It's a zero lot line building. There are party walls that run up through. So, it's, essentially, a townhouse and it would have the same townhouse agreements. De Weerd: Any other questions? Meridian City Council Special Meeting November 8, 2006 Page 34 of 44 Rountree: Madam Mayor, I have a question for Gary, not Dave. De Weerd: Okay. We will ask Gary to come up and let you come back for comment Canning: Madam Mayor, while Gary is making his way up there, it sounded from previous testimony as if your recommendations are incorrect as to what the summary of the Public Hearing was with regard to comments from other folks. Right now it says no one testified. When you make a motion if you could just direct staff to correct the findings with regard to written testimony I would appreciate that. That didn't make sense, I -- all right. We'll let Gary talk and, then, I'll try to explain it again. De Weerd: Okay. Inselman: Madam Mayor, Gary Inselman, representing ACHD, 3775 North Adams, Garden City. De Weerd: Thank you. Rountree: Madam Mayor, just to repeat my question, what's the likelihood of ACHD entering into a license agreement for the proposed landscaping or possibility of landscaping at the entry here? Inselman: Councilman Rountree, we would entertain a license agreement for landscaping within the right of way. The exact nature of the landscaping we'd have to review in relation to the future curb, gutter, and sidewalk lines. We certainly don't want extensive landscaping that will be ripped out a few years later when that vacant parcel redevelops. That's a false expectation for the neighbors. Rountree: Thank you. De Weerd: Okay. Dave? So, as I understand it, then, you're open to doing the improvements along that road and putting in a more formal entry? McKinnon: That's correct. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And you also quoted that you would give an easement to Mr. Janicek's property? McKinnon: We can create an easement for that. De Weerd: Okay. Any other questions from Council? Meridian City Council Special Meeting November 8,2006 Page 35 of 44 Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we close the Public Hearing, let's see if we can get that mud clear on what Anna was-- Canning: Yeah. I can clear the mud entirely. Just rewind. Never mind. Everything is okay. Bird: Okay. With that, Mr. President, I'd move we close the public hearings on AZ 06- 032 and PP 06-032. Rountree: Second. Wardle: It's been moved and seconded to close the public hearings on Items 15 and 16. All in favor? MOTION CARRIED: ALL AYES. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve AZ 06-032, for annexation and zoning of RUT to R-8 zone, Trilogy Subdivision, and to incorporate all staff, applicant, and public testimony and to change the Findings as noted. Borton: Second. Bird: Or do we don't have Findings. Wardle: I believe the -- Anna, the Findings were to -- or the restatement of the facts from the hearing was to include testimony written and oral testimony of Planning and Zoning Commission; is that correct? Meridian City Council Special Meeting November 8, 2006 Page 36 of 44 Canning: They are correct as they are written. I had thought that they were incorrect, but the applicant cleared the confusion for me, so we are -- they are okay -- Bird: I'll remove that last statement, then. Wardle: Second agrees? Borton: Second agrees. Canning: Mr. President, if I could ask the maker of the motion to clarify what provision he wants in the DA, if any. Bird: I beg your pardon? Canning: What provisions he might want in the -- I think that the DA provisions talked about today included landscaping to the east of the Sweitzer, landscaping -- Bird: That was all -- that was all included in public testimony and all was agreed to by the applicant. Yes. Canning: But I'm a little unclear as to what is desired on the west side of Sweitzer, because ACHD is not in favor of additional landscaping. So, I need some direction from Council on that and the Janicek parcel, if possible. Bird: The Janicek parcel is they have agreed to come up with an easement for -- as I understand was the testimony. And on the west side of Sweitzer -- I don't -- if they're not -- if ACHD don't want it, I mean that's fine with me. I hope it's fine with the second. I mean I don't -- Wardle: Just to clarify it, we had testimony from ACHD that they would consider a license agreement if the location of curb, gutter and sidewalk and additional landscaping met their requirement. Bird: But that was just on Ramblin Court, not on Sweitzer. Not the one up on the west side. Canning: I misspoke. I mean Ramblin. I'm sorry. Bird: Oh, you meant Ramblin? Canning: Yes, sir. Sorry. Bird: Okay. Well, then, ACHD, yeah, they agreed to go to the licensing. Let's do her. I thought you said the west side of Sweitzer. Meridian City CounCil Special Meeting November 8, 2006 Page 37 of 44 Canning: I did. I was wrong. Wardle: Second agrees? Borton: Second agrees. Wardle: Second agrees. All right. Anna, are we clear? Canning: Yes. But just to recap, we are doing easements to Janicek on the east side of Ramblin Court. We are doing additional landscaping and a more formal entry. And on the west side of Ramblin Court it is whatever the license agreement is with ACHD. Bird: Yes. That's the maker of the motion's intent. Canning: Okay. Thank you, sir. Wardle: Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 16? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve PP 06-032, preliminary plat for 148 single family lots and 14 common, for Trilogy Subdivision and to include all staff, applicant, and public testimony. Rountree: Second. Wardle: It's been moved and seconded to approve Item 16. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: VAR 06.023 Request for a Variance to UDC 11-2A-5 to allow the front setback to be reduced to ten feet from the back of sidewalk for porches and side loaded garages for all phases of Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: Meridian City Council Special Meeting November 8, 2006 Page 38 of 44 De Weerd: Okay. Item 17 is a Public Hearing on VAR 06-023. Open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a variance for the Crossfield Project. It's located south of Ustick, west of Venable Lane. The applicant is requesting a variance of the streetside building setback from 15 feet to living area and 20 feet to the garage, measured from the back of sidewalk. That's our current code in the R-8 zoning. And they are asking that the measurement be reduced to ten feet from the back of sidewalk, but only for porches and side-loaded garages. So, a unit that had a standard pull up garage would still have the full 20 feet, so that the car wouldn't be hanging over the sidewalk. Staff has recommended approval for this variance for, basically, three different reasons. One is when this Crossfield Subdivision originally went through, setbacks were measured from the property line. Now, this subdivision at the time, though, showed attached sidewalks. So, you have approved similar variances where they showed a detached sidewalk, we changed the code on them and we felt it was appropriate to grant the variance, because the code changed, not their plan. In this instance the plan actually changed. They went from attached sidewalks to swale with detached sidewalks. So, we do have a -- they were forced to go to the swale methodology, because of high ground water in the area. So, there is an environmental factor driving this and that was the high ground water. Thirdly, this -- what ends in a designated neighborhood center, but this project was approved I think a few months before we actually came up with the TN-R district. So, they didn't have that as an option available to them. The development that they had proposed is very consistent with the TN-R district and the setbacks they have proposed would have been consistent with the TN-R district, the ten foot setback to sidewalk for -- for properties that aren't taking direct garage access, so the side-loaded and the alley-loaded, basically. So, for those three reasons staff is recommending approval. We were able to make the Findings and make that recommendation to Council. We don't have elevations for you tonight. With regard to written testimony, we received an e-mail from Chris Brewer, who is the representative for the homeowners association south of here, stating that he chose not to submit written testimony, so you tell me if that's written testimony or not. We couldn't figure that one out, so -- we thought we would let you know about it in case it was. So, to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Thank you. Any comments from Lieutenant Lavey? No? Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Atalla: Joe Atalla. 6223 North Discovery Way. Madam Mayor, Members of the Council, we have reviewed the staff report and we agree with everything that they have recommended. In short, we are requesting this variance, because we do feel it will be of benefit to the community of Crossfield and would encourage the builders in the Meridian City Council Special Meeting November 8, 2006 Page 39 of 44 subdivision to provide more porches and bring the architecture in front of the garage more than they would typically. So, if you guys have any questions for me. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. I don't see any. Thank you. This is a Public Hearing. Any public testimony on this application? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing no further public testimony, I move we close the Public Hearing on Item 17. Borton: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? Mr. Wardle? Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 17, VAR 06-023. Borton: Second. De Weerd: Okay. We have a motion and a second to approve Item 17. If there is no discussion, roll call attendance, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: VAC 06.013 Request for a Vacation of the public utility, drainage & irrigation easement common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No.6 by Wayne Barber - 1660 West Glad Creek Street and 3906 North Cougar Flat Avenue: Meridian City Council Special Meeting November 8, 2006 Page 40 of 44 De Weerd: Okay. Item 18 is Public Hearing VAC 06-013. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this project is in Lochsa Falls. It's a vacation request for Lots 26 and 27 in Block 1. And here are the two lots. They have recently gone through a lot line adjustment. As you can see in the darker line, the house was constructed in the wrong place, so they have done the required lot line adjustment. It's just that they are -- the house does encroach in the platted easements and so, therefore, it needs to -- the easement needs to be vacated, but the lot line adjustment does provide the new easement. To our knowledge there are no outstanding issues before Council. De Weerd: Thank you. Is the applicant here? Okay. Canning: Apparently not. De Weerd: Anna, have you heard any feedback on your comments or recommendation? Canning: No. We have all the required relinquishments, so there is no conditions of approval associated with this project. De Weerd: Okay. Council? Bird: Madam Mayor, is this a Public Hearing? De Weerd: It is a Public Hearing and 1-- Bird: Does anybody want to testify? I think you ought to -- De Weerd: Oh, I'm sorry. I just asked for the applicant. Moulton: Madam Mayor, Councilmen, my name is Brad Moulton and I own property at 5940 North Linder Road and I just have one question on this easement vacation. Is this going to affect any of the irrigation flow -- this is just, basically, a lot line move, it's not affecting anything that's in the ground right now, not changing anything there, so my irrigation water isn't going to be flooding out on Linder Road, because somebody's dug up the ditch on their side? De Weerd: No. And if that were to happen they would have to fix it. Moulton: Thank you very much. De Weerd: Thank you. Okay. Any further testimony on this application? Seeing none Meridian City Council Special Meeting November 8, 2006 Page 41 of 44 Wardle: Madam Mayor. De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I move we close the Public Hearing on Item 18. Borton: Second. De Weerd: Okay. We have a motion and second to close Item 18. All those in favor eye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item -- yes, Mr. Wardle. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move we approve Item 18, VAC 06-013. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. 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 19: Ordinance No. 06.1272 : AZ 05.056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC -1845 West Franklin Road: Item 20: Ordinance No. 06.1273 : RZ 06.006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Sprinas Townhomes by John Flaherty Construction - south of West McMillan and west of North Meridian Road: De Weerd: Thank you. Item 19, Ordinance No. 06-1272 and, Item 20, 06-1273. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1272, an ordinance for annexation of property located in the west one half of the northeast one quarter of the northeast one quarter of Section 14, Township 3 North, Range 1 West, Meridian City Council Special Meeting November 8, 2006 Page 42 of 44 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 classification of said lands from RUT to C-C and to TN-R, 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 the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1273, an ordinance finding that John Flaherty Construction, the owner of certain lands -- excuse me -- certain real property, has made a written request for rezone of the zoning classification for real property being situated in a portion of the west one half of the northeast quarter of Section 36, Township 4 North, Range 1 West, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8 to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Boise, the Ada County recorder, the Idaho State Tax Commission, as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none - Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Items 19 and 20 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Items 19 and 20. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Lieutenant Lavey, I know you have been highly entertained over there this evening, but I wondered if you could give Council an update on what happened earlier this morning out at Paramount Subdivision. You would need to speak into the microphone. Meridian City Council Special Meeting November 8, 2006 Page 43 of 44 Lavey: Are you talking about the construction accident that we had earlier? De Weerd: Yes. Please. Lavey: This morning Ada County received a 911 call of an incident that happened on a construction site. Apparently there were 15 trusses that were in place on a -- I believe it was a commercial building and there was a crane that was still operating there and a gust of wind came up and knocked one truss over and it became a domino effect and it trapped -- it knocked five guys off the building and it trapped five gentlemen underneath the trusses onto the ground and police, fire, and EMS had to, essentially, rescue them, they started a triage, and we ended up transporting five individuals with the use of three ambulances. No life-threatening injuries. There is going to be some broken bones and it is unknown if there is any internal-type injuries. There was one gentleman that was serious, but not life threatening. And a couple others that were able to walk on their own. It's currently being looked at by OSHA. They were on scene when we were there. De Weerd: Well, thank you. We thank your officers and the firefighters that helped them out. Thank you. Okay. Item 21: Executive Session per Idaho State Code 67.2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and Idaho State Code 67.2345(1)(f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Council, Item 21, is an Executive Session per Idaho State Code 67- 2345(1 )(c). Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1 )(c) and (1 )(f). Rountree: Second. De Weerd: I have a motion and a second. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I will entertain a motion to come out of Executive Session. Meridian City Council Special Meeting November 8, 2006 Page 44 of 44 Bird: So moved. Rountree: Second. De Weerd: A motion and a second. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: --r MAYOR