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HomeMy WebLinkAbout2006 11-14 Meridian City Council Meetina November 14,2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, November 14,2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Joe Borton. Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Joe Silva, Gene Trakel and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X o Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. Council, I will go ahead and call this meeting to order. Good evening. We appreciate you being here with U$ tonight. It's Tuesday, November 14th. It's 15 after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Council, before we go to the next item, which is the pledge of allegiance, we do have a community Thanksgiving service that is happening tomorrow evening at 7:00 o'clock. It's nondenominational. It's, actually, where a lot of different churches come together to provide a service for our citizens and it will be happening at Meridian Gospel Tabernacle, $0 you're all invited. We'd love to have you. Item NO.2 is our pledge of allegiance. Tonight we will be led by Mountain View High School Boys Varsity Cross- country Team. If you will, please, come forward and lead us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Mike Dodd with Capital Christian Center: De Weerd: Thank you. Item NO.3 is our Community Invocation. Tonight we will be led by Pastor Mike Dodd with the Capital Christian Center. I would ask that you join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Dodd: Dear Heavenly Father, we thank you for this day that you have made and we tonight acknowledge that you are sovereign and ask that you would impart wisdom from Meridian City Council November 14, 2006 Page 2 of 18 on high as decisions are made and items of importance are discussed, so that the wonderful City of Meridian would continue to progress and prosper to the benefit of all who call Meridian their home. And we pray blessing -- the blessing of the Lord that makes rich and has no sorry to it to be upon every council member and their household, as well as your comfort and protection, on the city's civil servants, schools, businesses, churches and residents, in the name of Jesus we pray, amen. Item 4: Proclamation for Recognition of Mountain View High School Boys Varsity Cross Country Team State Champions: De Weerd: Pastor, I would like to offer you a City of Meridian pin for joining us tonight. And thank you. Okay. Item No.4. We like to take opportunities to recognize youth accomplishments anytime we absolutely can. Tonight we have with us the Mountain View High School Boys Varsity Cross-country Team who are the state champs and with that I do have a proclamation. And I am going to go down there. If the team would, please, like to come up here and join me. Whereas, the City of Meridian recognizes and commends the Mountain View High School Boys Varsity Cross-country Team for having an outstanding season this year and, whereas, this team took home the State 5A High School boys cross-country champion on October 28th, 2006, and, whereas, the Mayor and City Council of the City of Meridian acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic directors, cheerleaders, students, faculty, parents, boosters, and supporters and, whereas, this cross-country team took away from this season more than just memories about cross-country running, but life lessons learned through team efforts and dedication and, whereas, this is the second team in Mountain View High School history to win a state championship, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Wednesday, November 14th, 2006 -- actually, that's Tuesday, November 14th, as Mountain View High School Boys Cross-country Team Day in the City of Meridian in recognition for the success of Mountain View High School Boys Cross-country Program this season. Congratulations. We appreciate you coming and joining us tonight and letting us honor you. Now if you'd like to say a few words and, then, if each of the students can introduce themselves on your way through in front of the mike, I will present you a City of Meridian pin. Harris: I just want to take this opportunity to thank everybody. It's really great that the City of Meridian would do this for us. One thing I do want to point out, though, we have three -- three of our athletes that are actually missing. They are working tonight, so they couldn't be here. But that's just how that goes. But it was a great season and this is just an unbelievable team and thanks again very much. McCrea: I'm Rusty McCrea and I'm the assistant coach. De Weerd: If you will tell us your event, your name, and year in school. Stark: I run the 5K. My name is Matt Stark and I'm a senior. Ytsma: All right. I'm Cory Ytsma, I run the 5K, and I'm a sophomore. Meridian City Council November 14, 2006 Page 3 of 18 Pogue: I'm Alex Pogue. I run the 5K. I'm a senior. Taylor: I'm Hank Taylor. We actually all run the 5K and I guess we won this. De Weerd: Congratulations. Item 5: Adoption of the Agenda: De Weerd: Okay. Council, Item No.5, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I want to -- I think the first time in eight years of being on the Council, the first time I got a request from the department of not any changes. De Weerd: Mr. Bird, I would like to make a change. Bird: I know and I got one. I got one. De Weerd: I would like to add a Mayor's report under Department Reports. Bird: Oh. Oh, you got another one. De Weerd: I was serious. Bird: Okay. B. Mayor's report under Department. Okay. I'll get started here now with the agenda. We have been asked to include under the Consent Agenda Item G, which is Plum Creek agreement, the legal department has got it drawn up now. As you just heard, Item B under the Department reports, the Mayor's office. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. You have heard a motion to accept the agenda as changed and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Consent Agenda: A. Tabled from November 8, 2006 Aareement for Professional Services with Civil Survey Consultants, Inc. for Enaineerina Services for Utility Projects in Conjunction with ACHD Project: Meridian City Council November 14, 2006 Page 4 of 18 B. Approve Minutes of October 17, 2006 City Council Regular Meeting: C. Streetliaht Aareement for Crossfield Subdivision No.1 by Heron River Development, LLC: D. Streetliaht Aareement for Crossfield Subdivision No.2 by Heron River Development, LLC: E. Development Agreement: AZ 06-009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: F. Aareement for Donation of Real Property for Bainbridae Park with Brighton Investments, LLC: 8-G Agreement for Water Line with Plum Creek Northwest Lumber for One-Half Cost: De Weerd: Okay. Item 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, the Item G that we added, needs to be pulled and made to 8-G on the regular agenda. And with that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports: A. Public Works Department - Brad Watson 1. Formal Determination on the Desianation to be used for our City Street Commonlv Known as Pine Avenue: Meridian City Council November 14, 2006 Page 5 of 18 De Weerd: Thank you. Under Department Reports we have Public Works. Grady: Madam Mayor, Members of the Council, I'm looking for some guidance. I have a request from Ada County Development Services to give them guidance as to whether we want to keep Pine Avenue named Pine Avenue. Their new criteria would mean that Pine Avenue would become Pine Street on all remaining subdivisions and they are fine if we keep it Avenue, but if we don't you will see all the red dots there that would be become Pine Street. So, in simple terms, they are just looking for guidance from Council that you want to keep it Pine Avenue. De Weerd: Okay. Council? Rountree: That would be my preference, Madam Mayor. Wardle: Mine as well. De Weerd: You have your answer there. Grady: Thank you. B. Mayor's Report. De Weerd: Okay. Okay. Under Item 7-8, Council, I just would like to first thank you for your attendance at yesterday's celebration event for the demolition of the grounds that the new City Hall will sit on. And I do have a gift for you. Now, these bricks are not the same bricks that you saw from the building that was torn down and they are very crumbly, for that I take no responsibility. But these bricks were made at the Weiser Brickyards and -- which is no longer in existence and they did come from the inside of the building. We were able to save a few of them and so I would like you to use this in whatever way you would like to. If you don't want to display it, then, they make a great water conservation program in the toilet. And I didn't clean them first either. Now, Keith, yours is -- or, Charlie, yours is a little bit different. This one says WBYDS. It's for the Weiser Brickyards. There you go. Bird: Thank you, Mayor. Rountree: Just what I needed. Bird: I can get practiced up in cleaning brick, because we had a whole bunch over there. De Weerd: So, never tell anyone I never gave you anything. Bird: We will have weekly workshops with the Council, right, over there cleaning. Meridian City Council November 14, 2006 Page 6 of 18 Item 8: Items Moved from Consent Agenda: Item 8-G. De Weerd: You bet. Okay. There were no items moved from Item -- from the Consent Agenda, so we will move to -- Bird: Yes, there was, Mayor. 8-G. De Weerd: 8-G. Oh, I'm sorry. Bird: Mr. Nary. Nary: Madam Mayor, Members of the Council, what this item is is we have an agreement with Plum Creek, it's a local business, this is to pay for a portion of the cost of some water -- a water main that's necessary for their fire flow. In the last week we gave you a short briefing about it last week and in the last week we were able to finalize this agreement with them. Mr. Grady can give you more information if you'd like it. I just got their final okay this afternoon and I think there is some time crunch. I don't like to make Mr. Berg's life difficult by bringing these things at the last minute, but I think there is some time necessity to getting this done. What I would ask is if this meets your approval, for approval tonight, that you grant approval for the Mayor's signature after Plum Creek signs it. They haven't had an opportunity to sign it yet and so they should sign it the next day or so and, then, the Mayor can attest to it after that. Mr. Grady can probably give you further information. I'm going to pass these two originals down to Mr. Berg. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If there is no question, I would move that we approve the Plum Creek agreement upon the signature of the applicant and, then, at that time the Mayor and the Clerk could sign it. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Plum Creek agreement. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Public Hearing: RZ 06-009 Request for a Rezone of .57 acres from an 1- L zone to an R-8 zone for Vicki Garton by Vicki Garton - 435 W. Broadway Avenue: Meridian City Council November 14, 2006 Page 7 of 18 De Weerd: Thank you. Okay. Item 9 is Public Hearing on RZ 06-009. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The subject application before you for rezone consists of .57 acres. It's currently zoned I-L, which is our light industrial zone. It's located at 435 West Broadway Avenue. There are single family homes in this area, as well as other industrial -- light industrial uses in the general vicinity of this site. As you can see, south of the tracks are really where those heavier industrial uses occur. That is the railroad tracks just directly south of the subject site. The applicant has requested the rezone, because single family homes are prohibited in the industrial zone and this is a nonconforming use, therefore, and they are trying to sell the home, is my understanding, and so they cannot get -- for lending purposes they do need to have a residential zone, so that the mortgage company is satisfied that if the house burns down or whatever, it can be rebuilt or a new home can be constructed on this site. The Comprehensive Plan designation is medium density residential. The proposed R-8 does comply with the Comp Plan designation as I mentioned earlier. There are other single family homes in this vicinity. The Planning and Zoning Commission did recommend approval of this application at their October 5th meeting. There were several people that testified at that meeting in the general vicinity. Most of the property owners in the vicinity or those that testified were in favor of rezoning the property to residential. A large portion of those testifying preferred the R-4 zone to the requested R-8 zone. There was some concern about density if an R-8 zone was approved for this site. I did want to make mention to you that we received additional written testimony, some from those that were at that Planning and Zoning Commission meeting. We did get a letter from Jim Thompson. It was also signed by Dawn Donham, Craig Donham, Shirley McCallum, Paul Watson, Mary Ann Watson, and James Thompson. This letter petitions -- again, supports the R-4, not the R-8 zoning of the property. You should have that in your packets. I did want to put that on the record as well. Staff is supportive of the requested R-8 zone, as well as the R-4, if that's what the Council so determines. Both seem to be appropriate for this area. If the R-8 zone is approved or the R-4, for that matter, any future subdivision would still come back before the Council. So, if density really is a concern, there is another Public Hearing that would be required. But with that I think I will stand for any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Could you explain to me the current zoning and Comprehensive Plan? Hood: Madam Mayor, Councilmember Rountree, if you look at this map, this is our -- it shows a current zoning map. I don't have a Comp Plan in the PowerPoint presentation, Meridian City Council November 14, 2006 Page 8 of 18 but current zoning -- it's my understanding that several years ago there was an application before this city that, basically, this block, Broadway Avenue to the railroad tracks, was rezoned to industrial, because there was some prospect of -- someone had put some of these properties together -- not all of them and they -- the city actually rezoned that and, then, the deal fell through. So, there are several homes that are actually in this area -- this part of town that are nonconforming uses. As you can see on this map, too, recently at 608 we -- the Council approved a rezone to OT. The breaking point between where Old Town is and residential is right here. So, you're almost right on the boundary between Old Town and medium density residential on the Comprehensive Plan map. So, everything back to the east will be Old Town in the future. These folks -- we always encourage people, rather than spot zoning these, we say, hey, knock on your neighbor's door and see if they want to come in with you and we can clean these up, you know, rather than have them come individually -- it rarely happens, but we do encourage them to rezone a block or two if possible to kind of clean up that -- the old industrial zone that this area does carry. I don't know if that was enough of the Comprehensive Plan talk or not for you. If you want I can discuss further designations, but I hope that answers your question. Rountree: Madam Mayor, yes, I was concerned about the concept of spot zoning and you addressed that, so thank you. De Weerd: Okay. Any other questions? Is the applicant here? If you will, please, state your name and address for the record. Garton: My name is Vicki Garton and my address is 1900 East Blue Tick Street, Meridian. De Weerd: Thank you. Do you have anything that you would like to add? Garton: We are, actually, trying to buy the property from George and Viola Nelson, who are very very ill. They have been unsuccessful in selling it, because it's been zoned as light industrial, so we reached an agreement with them that we would rezone it and upon successful rezone, then, we would go ahead and buy the property for residential use. So, we did originally petition as R-8 and I'm okay with R-4. We just want to get it rezoned so we can buy it. De Weerd: And what are your plans for the property? Garton: My daughter will be living -- is, actually, currently living there. We have been leasing the home from the Nelsons and my husband's mother-in-law -- or, excuse me, mother is -- we are going to be moving her in here one of these days. I do have -- I am a day trader, so I have an office in the back that I do the computer and day trade, but it's a residential use. De Weerd: Okay. Council, any questions? Meridian City Council November 14, 2006 Page 9 of 18 Rountree: No. She answered mine. Bird: She answered mine. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone here who would like to provide testimony on this application? Okay. Please come forward. If you will, please, state your name and address for the record. Fisher: My name is Shelly Fisher. I live at 22900 Conrad Court in Middleton. And I'm actually here to testify in support of this and in behalf of George and Viola Nelson. I'm just a family friend of theirs and this whole process has been a great burden for them, because of the light industrial zoning and because it's been a lengthy process to rezone it, it's preventing them from filing for -- for the Medicaid support that they need. Until they close on their home they are unable to get the help that they need for Viola and she's quite ill and needs some additional assistance and so until this gets finalized it's putting them in a great difficult situation. So, I would like to request that we expedite as much as possible this final approval, so that they can, actually, get the rezoning completed, so that they can go through with the sale of their home and I would like to get some sort of understanding of what the timeline would be to complete this. De Weerd: Okay. Thank you. Councilman -- or Counsel Nary -- not Councilman. Mr Nary, would you be able to give an overview as counselor to approve this tonight? What is the time frame? Nary: Madam Mayor, Members of the Council, we did receive a request from the applicant because of this situation that is somewhat unique and so we can -- I don't -- Mr. Hood can probably tell you how quickly the Findings would be ready, whether it would be next Tuesday or the following Tuesday, but, normally, the process takes a few weeks to get both the Findings done and approved and, then, the ordinance back in front of you. There is no development agreement here, so it can be done faster. We agreed to be able to put the ordinance on at the same time as the Findings, which is not commonly done, but because of the unique nature of this situation, so we can speed it up. So, I think as soon as the Findings are able to be put on -- Hood: Madam Mayor, Members of the Council, Counselman Nary, we have been working with the applicant. We are going to put them on the next -- next Tuesday's agenda. We are still in need, though -- and I think they are waiting tonight to find out if it's R-4 and R-8. We will need a new legal description, though, of the property that's prepared by a licensed surveyor, so when we send this to the Tax Commission they don't send it back to us and say we need a legal description prepared by a licensed surveyor. So, that is something that we need to be turned back to us ASAP, so we can get this on the agenda for next Tuesday, but we are -- that is our hope and goal is to put it on next Tuesday's agenda. We have worked with the clerk's office and legal to make that happen just as fast as we can. Meridian City Council November 14, 2006 Page 10 of 18 Nary: And just to make the applicant aware, I mean without that legal description -- we have had two that were returned recently for that very problem, that they hadn't been stamped by a licensed surveyor. So, it does hold it up and Cedarcreek is back on tonight for that very reason. So, those are the things that will hold it up. So, if they can get that to us as quickly as possible, we can get that on as quickly as we can. De Weerd: Okay. Thank you. Garton: Madam Mayor, so, then, it will come before the Council again next Tuesday? De Weerd: No. You would have Council action tonight and just the Findings of Facts and Conclusions of Law would come in front for authorization of signature. Bird: Plus the ordinance. Rountree: And the ordinance. De Weerd: Plus the ordinance, Garton: And, then, once that is done it's done? De Weerd: Yeah. Garton: So, if we have the survey -- or the new legal description authorized by a surveyor, then, next Tuesday it would be done? De Weerd: Exactly. Garton: Thank you so much. Nary: Subject to being published in the paper and recorded. It gets published in the paper -- it gets approved on Tuesday, it gets published the following Monday in the paper, it gets recorded normally during that week. So, it takes -- that's how long it takes legally to be done. Can it be reversed prior to that? No. I mean once it's approved by the Council next Tuesday it's technically done. I don't know for what purpose you might need it. Sorry to interject so quickly, Madam Mayor, but-- De Weerd: No. That's good. Nary: But that's -- I guess how much done you need it done, that's up to your bank or whoever, so -- Garton: Right. Okay. Thank you. De Weerd: Uh-huh. Okay. If there is no further -- before I ask the applicant to come up one last time, is there any further public testimony on this item? Okay. Meridian City Council November 14, 2006 Page 11 of 18 Thompson: My name is James Thompson. I reside at 401 West Broadway. De Weerd: Thank you. Thompson: The neighbors -- the reason why we wrote the letter and submitted it with a package when we went to the Planning and Zoning Commission is as a neighborhood we are in favor of rezoning it to a residential. We just -- if our understanding with Planning and Zoning is correct, if it was to be rezoned as an R-8, if the Gartons were to decide to sell it, somebody could purchase it and put a four-plex on it without having to do anything besides go down and get a building permit. There would be no Public Hearing process on it, because of the single parcel. There would be no subdivision hearings or anything else. That being said, as a neighborhood we would like to stay as single family dwellings. That's the reason why you have a letter in front of you signed by so many of us in the neighborhood and that's -- I mean we support it being rezoned to a residential. We would just really like to be on record as wanting to be maintained as a single family dwelling neighborhood. De Weerd: We understand your concern. In particular, there has been some articles in the paper of neighbor cities that have had some issues with that, so I appreciate that. Thompson: Just -- that's the reason why we have -- any of us have stood up and said anything pertaining to this is we don't want -- we are trying to preempt something in the future from all of a sudden having four-plexes or apartments or something in our little nitch of the world there. De Weerd: Thank you. Thompson: Thank you. De Weerd: Mr. Nary, I guess just out of curiosity, if this were approved, could it be approved for just the dwelling that is -- for whatever is on it today. If there is any change that it would come back for a Public Hearing? Nary: Madam Mayor, Members of the Council, to do that you need a development agreement, to do that, if you're going to restrict the use to just the current existing uses on the property, rather than the zone, which would, then, take longer. I think the intent was -- is to make that R-4 zoning would -- that by itself limits the uses and makes it more compatible and consistent with the neighborhood and the only reason -- and we wanted to avoid some of the confusion. I think the neighbors did understand when I looked at their -- at their comments prior to this meeting, we didn't -- it was directed at the Planning and Zoning Commission, that was their recommendation, it was agreed to by the applicant. We didn't change it in the public noticing, because, technically, until this Council approves that that's merely a recommendation. But I think that was the intent, is by making it an R-4 that limits the uses that are more consistent and compatible with the surrounding area than the R-8. Meridian City Council November 14, 2006 Page 12 of 18 De Weerd: Thank you. Okay. Okay. Is there any further testimony? Then, I would ask the applicant if she would like to come up for wrap-up remarks. If you will restate your name, please. Garton: Vicki Garton. De Weerd: Thank you. Garton: Thank you. Regarding the -- I apologize, I'm losing my voice -- the survey, when I originally submitted the application -- this is a new process for me and I have no clue what I'm doing -- I was told by Planning and Zoning that we did not need a survey. We had hired a surveyor and the day that I had hired I received a phone call from Sonya Watters saying that she felt the legal description would be appropriate, we wouldn't need a surveyor. So, I -- you know, surveyors are hard to come by. I don't know if you realize how difficult it is to get a survey timely, so -- I can't remember if it was right before the last meeting or right after, I received another phone call from Sonya indicating to me that no, in fact, we did need a survey, because the legal description was unclear. So, it took me two days of calling every surveyor in the phone book to find someone. I did find someone and she assured me that she would get the survey done last week, but now I can't get her to call me back. So, I'm frustrated trying to get a survey and everybody else is six to eight weeks out. I would appreciate any help that we could get in that area. We -- when I -- I can't remember who the person was that called us and said that they would -- after Mr. Nelson had visited the office, that they were going to try to put it on the November 21 st meeting to try to get the Findings of Facts and Conclusions of Law done. I went ahead and called my loan broker and said, okay, well, we are good to go. We are closing on the loan on Thursday. So, it's pending the actual rezone. So, we are in kind of a mess here and I -- you know, I can't get this lady to call me back and she was -- I don't know what to do. Do you have any suggestion? It's very difficult to get a surveyor out. They are so busy. De Weerd: Mr. Grady? Grady: If -- Madam Mayor, if you were to direct me, I would call in some favors. That's the best I could do, but I imagine I could get one. De Weerd: Okay. Guido. Garton: Even mention that we are willing to pay money -- you know, rush. We have tried everything. We really have tried everything. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council November 14, 2006 Page 13 of 18 Nary: I think -- Madam Mayor, Members of the Council, I think probably the confusion originally -- initially is because the property boundaries weren't changing, they probably thought you wouldn't need a survey. What we have been finding in some of these older ones -- and that may have been what was discovered in the interim -- Mr. Hood will probably know more than I would, but I know we found in some of the older ones they are unreadable and so that's what -- the county recorder's rejected some, because they weren't able to read these older surveys. I don't know if that was the particular problem, so I'm sorry about the mix up, but that may have been the reason why they originally didn't think you needed it and now because of the specifiC designation and the change from the zoning that's why they want it. I don't know if Mr. Hood has different insight, but -- it looks like he concurs. It probably was just a misunderstanding. Garton: Thank you. De Weerd: Thank you. And if staff can help find an expedited process, we certainly will -- we would be willing to help if Council approves this tonight. Garton: Okay. Thank you. Grady: Madam Mayor, when was the latest she needed the survey? So, anytime this week? Is that -- okay. All right. De Weerd: Okay. I think Craig would be the best reference. Certainly by the time -- by the time Tuesday morning when -- or Tuesday when Council gets it. Yeah. Okay. Is there any further comment? Okay. Council, no further testimony. I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item NO.9. Bird: Second. De Weerd: I have a motion and a second to close Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the zoning request for Item NO.9 from I-L zone to an R-4 zone. Meridian City Council November 14, 2006 Page 14 of 18 Wardle: Second. De Weerd: And that was to instruct the staff to prepare Findings and bring it back by next week? Rountree: I'll do that separately, but -- De Weerd: Okay. I have a motion and a second on Item 9. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I don't know that we need a motion, because I think staff knows the urgency and Len will be in contact with the applicant or -- yes, Mrs. Garton about the possibility of finding someone to do a survey. I also have a comment about this item and that brings up a particular instance that I don't know that we necessarily deal with well in our ordinances and that's the situation of hardship and I know other statutes that I have worked with do have provisions for documented hardship and I don't know if that's something that we want to explore at a future date or not, but, again, not to add to your plate of things, Mr. Nary, but I -- on those rare instances when it happens, we need to look at how we can expedite things. Item 10: Public Hearing: CPA 06-004 Request for a Comprehensive Plan Amendment to modify the definition of "Office" by removing the last sentence of the description (see Chapter VII, page 106, June 2006 printing of the Comprehensive Plan) for Office Designation Text Amendment by the City of Meridian Planning Department: De Weerd: Thank you, Mr. Rountree. Okay. Item 10 is a Public Hearing on CPA 06- 004. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is a Comprehensive Plan text amendment relating to the office designation as currently written in the Comprehensive Plan. I will just read that to you quickly. The office designation description is as follows: This designation will provide opportunities for low impact business areas. These would include offices, technology and resource centers, ancillary commercial uses may be considered. And, in parenthesis, particularly within research and development centers or technological parks. It goes on to say: Additionally, as noted in the residential district section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of the City Council. Now, that's additionally -- that last sentence was put in with Resolution 04-454, which had some text additions to the Comprehensive Plan primarily centered around Meridian City Council November 14, 2006 Page 15 of 18 residences on arterials and the redevelopment of those residences on arterials, them backing out of their driveways and such and those homes maybe converting to offices and limited circumstances or in certain instances where it may be appropriate, even though they were residential on the Comprehensive Plan, to let them go office if they were three acres or less on an arterial and we are requesting L-O zoning. So, this sentence I believe made it in error, actually, into -- into the office designation. It's already covered in the residential description in the Comprehensive Plan, as noted, you know, it says see the residential designation for when office uses are appropriate. So, this is really a clean up to the text of the Comprehensive Plan. It doesn't change any of the intent. As passed this Resolution 04-454, it makes it clearer that office uses are intended for office uses and residential is not appropriate in office designated properties on the Comprehensive Plan. The Planning and Zoning Commission did recommend approval of this. I have not received any comments on this application from any of the public. No one was present at the Public Hearing at the Planning and Zoning Commission to testify. I believe that's as much of a staff report as I was going to give you tonight. If you need anymore I will stand for questions. De Weerd: Okay. Council, any questions? Mr. Wardle. Wardle: Madam Mayor, just a comment to staff and -- I believe we had this discussion and direction from Council was to clean up the ordinance and bring it back for our consideration and I appreciate staff expediting that, so that we have an ordinance that directs us in this zoning. De Weerd: Okay. Is there anyone who would like to testify on this application? Okay. Council, do I have a motion to close the Public Hearing? Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to close Item 10. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 10, CPA 06-004. Rountree: Second. Meridian City Council November 14, 2006 Page 16 of 18 De Weerd: Okay. I have a motion and a second to approve Item 10. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Amended Ordinance No. 06-1266A: AZ 06..009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: De Weerd: Okay. Item 11 is amended ordinance number 06-1266A. Mr. Berg, will you, please, read this ordinance by title only. Bird: Thank you, Madam Mayor, Members of the Council. The reason that it is being amended because we do have the proper owner in the ordinance now. It was changed Amending Ordinance No. 06-1266A, amended ordinance for annexation of property located in a portion of the south one half of the southeast one quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 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. De Weerd: Thank you. Is there anyone in the audience who would like to hear this ordinance read in its entirety? Okay. Seeing none -- thank you for not asking for it. Council, do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance -- the amended ordinance 06-1266A, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. Mr. Berg, will you call roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. Meridian City Council November 14, 2006 Page 17 of 18 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Well, Council, I have one final announcement. We did have some discussions about Locust Grove overpass and when the appropriate time to do a groundbreaking. We did meet with staff district three engineer and a couple of his staff members today and we set December 5th as the groundbreaking ceremony at 2:00 o'clock and Shelly will be getting you further information. They will be doing some clearing and grubbing. Mr. Rountree might be able to interpret that. But as I understand it, they will scrape the footprint and so there will be significant activity. Mr. Shannon told us that there probably would be a period of just two weeks during the holidays that there would not be anything going on, that it would be very active out there. So, we decided to go ahead and get this ground breaking underway as activity is shown. So, we invite you all to joins us on that great occasion to see Locust Grove overpass begin. And I do have some City of Meridian pins for all the high school students that are sitting here painfully through this ceremony to show your teachers that you actually were here. So, I would entertain a motion, Council, to adjourn this meeting. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I make a motion to adjourn, let's get this publicized, this groundbreaking on the 5th, so people can come and see that we haven't been lying to them for three years, that the money -- their tax money that's been spent is finally going to get built. Let's get it out and get it publicized. And I also want to state -- which you had previously said on the program yesterday -- I want to thank Shelly for the fine job, the help that she got from -- I know Ron and Will and Peggy, those, but Shelly really stepped forward and did a -- I don't think I have ever been to a finer program, more well run program, and to see all the elderly people come out in a windy, cold day is fantastic for this community. It was absolutely fantastic. And I appreciate it. Let's get the same turnout or bigger at Locust Grove. De Weerd: We will do everything we can, Mr. Bird. Okay. If there is nothing further, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A most unusual evening that we are through by 8:00 o'clock. Bird: Yeah. Rountree: But I will move that we adjourn and thank the folks for being here this evening. Meridian City Council November 14, 2006 Page 18 of 18 Wardle: Second. Bird: Second. Rountree: Be glad you're not here until 11 :00 or 12:00. Bird: Second. De Weerd: Okay. I have a motion and a second. All those in favor, please, say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. MEETING ADJOURNED AT 7:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: J ~/ /2- / p6 ,,\,\, ,;";- "--""', DATE APPROVED l~('~~:~~;;~:;'~~~ ( ~. _< r-_~~:m~~ Y:' IL~M G. BERG JR., CITY CLERK \~~~;??~,;~t';;'tt/ '.".,