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HomeMy WebLinkAbout2007 01-09 February 9,2007 MERIDIAN CITY COUNCIL MEETING APPLICANT February 13, 2007 ITEM NO. 7-0 REQUEST Approve Minutes of January 9,2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER OEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina January 9. 2007 A meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, January 9, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you for your patience. Welcome. There are more agendas in the back and for the high school students that are here tonight, hoping to get -- fulfill a requirement or get extra credit, Mr. Berg is the one that needs to initial your agendas, so he can kind of -- I don't know how you want to do that. You can always walk up and ask him for his signature. He always appreciates asking for the autograph. It is Tuesday, January 9th. It's 20 minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2. Tonight we will be led in the pledge by Taylor Hart, he's with Troop 380. Welcome to your troop and if you will all rise. (Pledge of Allegiance recited.) De Weerd: And, Taylor, I do have some City of Meridian pins for you and the rest of your troop. Would you like to come and get them. I assume there is six of you; is that correct? Okay. Thank you. And Troop 380 is sponsored by the Vineyards Ward. Thank you for joining us tonight. Item 3: Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: De Weerd: Okay. Item No.3 is our community invocation. Tonight we will be led by Pastor Craig Flinn. He is with the Meridian Alliance Church. Please join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Meridian City Council January 9, 2007 Page 2 of 25 Flinn: Before I give you a moment of silence and, then, I will lead you in prayer, I just want to commend us as a city for making a commitment to the children and youth recently. There is a coalition of businesses, nonprofit organizations, churches, scout troops, et cetera, that are committed to five promises that are being committed by cities across America. These are the five things we are committed to. Opportunities for young people to be with caring adults. Thank you, troop leaders, for being here tonight. Safe places for constructive use of time for youth outside of school. Healthy start and healthy development. Effective education that develops life long skills and marketability to work and opportunities to give back to your community while you're a young person, like this young man did tonight in leading us in the pledge. Let's just take a moment of silence and think of the children, youth, and not only the children and youth under 18, but those of us who are like me still a child at heart, because I have a long way to go in my growth in life and just have a moment of silence for the sake of our city. Prayer is simply expressing your heart to God. It doesn't even have to be in words, but tonight I will lead us with some words. Father who is in Heaven, we honor your name. We pray your kingdom and will be done in Meridian and all the earth as it is heaven. We thank you for this day and the gifts you have given us. Clothes, the heat in our homes, and the food we have already eaten. We ask for a fresh washing of your mercy and forgiveness for our impatience and selfishness and all kinds of sin, even as we would be patient with those who sin against us. Lead us out and away from the temptations of life. Deliver us from the evil one who prowls around wanting to tempt and accuse. For yours is the kingdom and the power and the glory forever. Lord, I pray for a blessing on this leadership team before me. You have appointed them to lead our city. Give them wisdom and insight tonight in the decisions they make. Bless each one as they participate tonight through listening and sharing, in Jesus' name, Amen. De Weerd: Thank you, Pastor. And thank you for reminding us of Meridian's Promise, to the five promise areas. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Item 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the agenda with the following changes: Item 5-A to be removed from the Consent Agenda. Item 6-A to be removed from the agenda. Item 15 to be continued to January 23rd. Item 20 to be moved from the agenda. And add paragraph C to Item 22 for reasons for the Executive Session. With that I move for approval. Borton: Second. Meridian City Council January 9,2007 Page 3 of 25 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 carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: B. Approve Minutes of December 5, 2006 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 050 Request for Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition by Treehaven, LLC - 6745 North Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: E. Findings of Fact and Conclusions of Law for Approval: PP 06- 051 Request for Preliminary Plat approval of 67 single-family residential lots and 7 common lots on 12.81 acres in a proposed R- 8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: F. Development Agreement: 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: G. Development Agreement: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker - east of Meridian Road and north of Overland Road: H. Addendum to Development Agreement: MI 06-009 Request for Modification of the existing Development Agreement to remove the requirement for Conditional Use Permit approval of Lot 3, Block 1 of Resolution Park Subdivision for Resolution Park Medical Office by Phil Burk - 1828 South Millennium Way: I. Approve Contract for Water Reuse Permit Application and Demonstration with HDR Engineering, Inc. for $30,000.00: J. License Aareement with Nampa Meridian Irrigation District to construct sewer line within the Purdam Drain for the 2006 Trunk Sewer Proiect: Meridian City Council January 9, 2007 Page 4 of 25 K. Pump Station Operation and Maintenance Agreement with Nampa & Meridian Irriaation District for Seasons Park: L. Task Order 0612 with Transportation and Civil Solutions. PC for Professional Services in Coniunction with ACHD Proiect No. 305048. Intersection of Ustick and Linder Road not to exceed $15,000.00: M. Access Easement between the City of Meridian (Grantor) and Petra. Inc. (Grantee) for Vehicle and Eauipment Access to Grantee's Storage Yard: N. Approve Contract for the Plant Optimization Desktop Analvsis with CH2M Hill for $47,092.00: o. Amendment No. 1 to the Aareement for Professional Services with Operations Manaaement International. Inc.: De Weerd: Item 5 is the Consent Agenda. Rountree: Madam Mayor, I move that we approve the Consent Agenda as amended by the previous motion. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: B. Planning Department. 1. Comments for ACHD Draft 2008 I 2012 Five Year Work Program on Meridian Projects: De Weerd: Okay. Thank you, Mr. Berg. Okay. Under Department Reports we do have an item on there and I don't have a -- I'm sure I have a revised one in front of me. I had all my notes on myoid one. I'm sorry. Okay. Item 6-B is our Planning Department. This is information that we were given at the joint meeting we had with Ada County Highway District. You do have an updated list in front of you that's very colorful. I'll turn this over to Matt. Meridian City Council January 9, 2007 Page 5 of 25 Ellsworth: Madam Mayor, Members of the Council. I know you guys sat down yesterday afternoon with the ACHO commission to review the initial draft of the five year work program. They do have a draft B that's slated for presentation within the next few days here. In the meantime, as the memo that was distributed at lunch yesterday indicates, there were a lot of challenges putting the five year work program together this year. A lot of those came down to increased construction costs and also just roll over projects from this year. They had a tough time getting bids to come in at appropriate funding levels to get projects rolling in 2006. Some of those did have to bump back to 2007. So, this evening I just wanted to take a second to hit on a few of the -- a few of the high points and down points, I guess, about the five year work program and ask you for an initial response as we move forward in compiling comments to submit to ACHO. First and somewhat in general, it was -- it was promising to see that they definitely took the recommendations of the city into account in formulating this first draft, some of the higher priorities in each of the program areas, roadways, and intersections were able to stay on track in spite of some of the constraints that they were working under this funding cycle. First, the downtown split corridor, which, of course, was the top priority roadway project as recommended by the City of Meridian. Phase one stayed on track for 2009. Phase two actually stayed on track in the most recent iteration of the five year work program, '07 through '11, it was in its PO, preliminary design, and that was able to bump forward on schedule to a 2012 construction date. Moving along. Ten Mile from Franklin to Ustick was the city's second roadway priority. The first segment of that two mile stretch of road was Franklin to Cherry, which was able to stay on track in 2008, which was also the case in last year's five year work program. Unfortunately, the filing segment -- segment from Cherry to Ustick ended up being delayed. Last year it was included in 2009. It had to bump back to 2010. The city's third priority as far as roadways were concerned was Franklin Road from Linder to Black Cat. Again, same situation as priority number two, Ten Mile from -- or, excuse me, Franklin from Ten Mile to Linder has stayed on track for 2011 , whereas Black Cat from -- or Franklin from Black Cat to Ten Mile, rather, remained in preliminary design, which I suppose you could perceive as a step sideways and/or backwards. That's not the typical process as projects work through the ACHD process. Typically they go from UF, unfunded, to PO, and, then, into a design year. In this case it would be 2012. As you can see on the -- on the spreadsheet that I handed out before the meeting here the projects that are in yellow are the other ones that did the side step, back step, however -- however you would care to look at that. Either remaining in UF or remaining in PD. Moving along to some of the intersections. The first priority as forwarded from the city was the intersection of Linder and Ustick, which they were able to keep on track for 2008 construction year. Unfortunately, the second priority Meridian and Ustick fell back from 2010 to preliminary design, as did the city's third priority, which was Linder and Pine, scheduled in last year's five year work program for construction year in 2008. That one was bumped back to 2009. So, I apologize for distributing this spreadsheet at the last minute to you. I wish I could have gotten it to you a little bit sooner, but this evening I suppose there were two things. One was somewhat to get some direction from -- from Council and the Mayor as to the appropriate timeline in formulating comments to submit to ACHO and also to just sort of field your preliminary comments, suggestions, concerns Meridian City Council January 9,2007 Page 6 of 25 and so forth about this first draft of the five year work program as we move forward in putting our comments together. On our end the same -- same topic is going to be the focus of conversation at Thursday's Transportation Task Force committee meeting. They have -- I guess I would like to turn it over to you, Mr. President, Madam Mayor, and Members of the Council just to sort of hear your thoughts about draft A of the five year work program. De Weerd: Okay. Council, any initial shock comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I do appreciate the color coded one. It does help a lot. I hate seeing the red. But we did get a -- the bleak but shocking decrease in available impact fee revenue, coupled with the shocking increase in construction costs. One of the things that I -- that I am encouraged and appreciate the highway district's continuing support on is keeping the number one at number one and doing everything they can to make sure those remain adequately funded, even if that means some of the lower priority items tend to fall back. One of the items in particular that I have a question on was the Ustick-Linder intersection had a 2008 revised completion date and, then, under the roadway, the Linder, Franklin to Ustick, is in the unfunded -- up near the top. And the reason I point out that distinction is -- is why -- why there be such a divergence in those when the Ustick-Ten Mile intersection is to be done as part of the Ten Mile, Cherry-Ustick. Ellsworth: Mr. President -- and without discussing that with ACHD I couldn't tell you exactly why the intersection was separated out from the roadway project. That's something that I can certainly look into and if there is any flexibility on there to lump those two projects together then, we can certainly encourage them to do so. De Weerd: I could probably help you with that. I don't know if it was last year or the year before, we asked, in exchange for a one mile section improvement, we wanted the two intersection improvements and so it was kind of a swap and the need at those two major intersections to get those complete so that we can move traffic and so that would answer that. Matt, I guess I'm very concerned about the Ustick-Meridian intersection and certainly the Victory and Eagle. One of -- one of the maybe saving graces is on Ustick and Meridian. A temporary light is going to be put in. The poles are up, it's -- there is no -- Rountree: Up and running. De Weerd: Is there? Hallelujah. Rountree: They turned it on today. Meridian City Council January 9,2007 Page 7 of 25 De Weerd: Thank you, Gary, already. You were anticipating me asking that, didn't you. Well, then, I don't have anything, other than, again, I know that at the joint meeting we expressed appreciation that the Meridian split corridor phase two is at least on a funded year. Certainly not the year we would like to see it, but see it a least change from PD or UF into an actual year. So, we do appreciate that. And as we also expressed to Ada County Highway District, we will be your partner in trying to find funding solutions and alternatives and be there to support those, too. Council, any other comment? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Certainly some degree of disappointment, but complete understanding of what the financing situation is with these expensive projects and I guess to ACHD's credit there is still a lot of projects they have kept on track and I hope we can continue to do that with the escalating construction costs. So, Gary, take the message back that we appreciate the -- on our copy they are blue, but the ones that have kept their schedule and we look forward to those schedules, hopefully, even accelerating. Zaremba: Madam Mayor? De Weerd: More the latter. Rountree: Yeah. De Weerd: Yes, Mr. Zaremba? Zaremba: I would comment I think similar to what's been said, that I'm proud of the fact that Meridian seems to have an excellent working relationship with ACHD. According to the press there is some other cities that don't have quite as good a relationship and I'm proud that we are able to work together so closely. In my relations with the ACHD people I have found that not only do they know what needs to be done and how to do it, but they understand what needs to be done for the future. The difficulty is the funding. Part of it is legislation that happened a few years ago that screwed up the impact fee system for them, such that they don't actually collect enough impact fee to do the projects that the impact fee is collected for. That was a change in the state law and it really ties ACHD's hands. What's scary is that we sit down and we work out what the priorities are and ACHD and the city work together very well, but ACHD has serious trouble coming. Not only are they short funded now, but in the next years there is projections the short-fall will get worse, so I would peg that perhaps for a future Council discussion what we could do to help, if there is anything. Certainly partnerships and other things. But it's scary what ACHD has hanging over their head, but I do certainly thank them for everything they do. De Weerd: Thank you, Mr. Zaremba. Anything further from the Council? Meridian City Council January 9,2007 Page 8 of 25 Rountree: I have none. De Weerd: Okay. Thank you, Matt. Ellsworth: I apologize. The one other thing that I was hoping for some direction from Council on this evening was a proposed timeline as far as getting comments put together and, then, back in front of ACHD. As they mentioned at the joint meeting yesterday afternoon, they are hoping for a February 28th adoption date, so in order to compile comments from the task force and get them back in front of you at next week's Council meeting on the 16th wouldn't give very much turnaround time if we were to put something together to get in front of you for comment back on the 16th, so some other options. Well, there is several options there, really. We could get them to you digitally and have comments back for approval next week or we could come back with a brief presentation of those comments next week to allow you a week to consider those -- those comments and for staff to put together a compiled list of comments prior to the 23rd meeting, at which point we could -- we could be in touch with you and/or bring it forward one more time on the Consent Agenda or -- I suppose I would just like a little bit of direction as to how to move there. De Weerd: Matt, I guess unless there is something very significant from the Transportation Task Force, my recommendation would be to draft a letter, incorporate any feedback you get at the TTF meeting and e-mail that out to Council for their consideration and/or discussion at next week's meeting. If it seems like they are not ready to act on the signature -- authorizing signature, we can postpone it a week, but let's try and get it on for next week and we will know more at that time. Ellsworth: Absolutely. Thank you, Mayor. De Weerd: Okay. One other thing that, Matt, I would like to incorporate in that letter is our continued support and -- of ACHD as a regional body. I can't see that if any city were to individually take the highway district back, that regional circulation, our transportation corridors, and preservation thereof would not do this valley any good service. It would be a disservice and just to reiterate our support of this county-wide highway district, there may be areas that we disagree and, in fact, I can say five years ago, probably, this -- a couple of the Council people were really concerned with the impact fees and how they were being used and were not being used in Meridian, so I know where some of the other community's concerns is, because we have been there. So, we have to continue to preserve what we gained in our Communities in Motion process this year in recognizing that this is a regional transportation system and corridor improvements are essential to getting planning ourselves out of the congestion that we seem to see because one mile section improvements one at a time do not get us very far, other than quicker to the next place you stop, so -- anyway, if you can figure out and you have Mrs. Wordsmither behind you, figure out how to integrate that into our -- our correspondence that would be great. Ellsworth: Mayor, will do. Meridian City Council January 9,2007 Page 9 of 25 De Weerd: Okay. Mr. Berg -- Mr. Berg asked if there is anything we needed to get back immediately. I didn't hear anything pressing, other than, again, what we had said at that meeting yesterday, that it's -- it's disappointing, yet understandable that some of these projects have to be moved because of the cost increases and anything else we can put in that letter. Okay. Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from Item 7. Item 8: Item 9: Item 10: FP 06-051 Request for Final Plat approval of 27 single-family residential building lots and 4 common lots on 10.94 acres in an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc - east of Meridian Road and north of Victory Road: FP 06-052 Request for Final Plat approval for 38 single-family residential building lots and 5 common lots on 7.76 acres in an R-8 zone for Bellinaham Park Subdivision No.3 by Bellingham Park, LLC - South Locust Grove Road and south of Victory Road: FP 06-053 Request for Final Plat approval for 66 single-family residential building lots and 8 common lots on 28.22 acres in an R-4 zone for Zebulon Heiahts Subdivision No.2 by The Traditions by Amyx II, LLP - West of Eagle and South McMillan Road: De Weerd: So, Items 8, 9 and 10 are final plats and since I haven't had a chance to look at your notes, Anna, do you have comments from each of the applicants on that and are they in agreement with staff comments? Canning: Madam Mayor, Members of the Council, we do have letters of general agreement. I need to read a few changes that have been proposed by the applicant on Zebulon, but staff is in agreement with those changes. It would be on number eight that the applicant shall coordinate with the city parks department on standards for construction of the pathway. On number 11 that the 12 inch main shall be constructed in East Camas Creek Way as depicted on the construction plans and, then, on condition number 16 to delete the astericks comment that says add a note, direct lot access to McMillan Road is prohibited. We are -- staff does support those changes, but I wanted to read them into the record. De Weerd: Thank you, Anna. Council, any questions? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council January 9, 2007 Page 10 of 25 Rountree: I move that we approve Items 8, 9, and 10 and on Item 1 0 incorporate the amendments just addressed by the planning administrator. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 8, 9 and 10, with suggested changes. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from December 12, 2006: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for SpurwinQ Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Corner of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 12: Continued Public Hearing from December 12, 2006: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Corner of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: De Weerd: Thank you. Okay. Items 11 and 12 are continued public hearings from December 12th on PP 06-045 and VAR 06-020. I will -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I have, with your leave, two items -- actually, one and maybe a second one that I would like to address. And I will address this towards the attorney Mr. Nary. I sat on the Planning and Zoning Commission when this came for Public Hearing there and have since been appointed to the position here, which I appreciate, but 11m wondering is there any reason for me to recuse myself from this deliberation, double jeopardy, or anything like that? De Weerd: Double jeopardy. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, no such luck. There is no legal conflict for you to hear this again, even though you have heard it before and we have actually had this issue come up in the past as well and, no, there is legal conflict for you to recuse yourself, so -- Meridian City Council January 9, 2007 Page 11 of 25 Zaremba: All right. Thank you very much. Then, that brings the second comment, if I may. When this was here for the first part of the hearing on December 12th, 2006, I was in the audience and I did personally here all of the staff, applicant, and public testimony, as well as the discussion with the Mayor and the City Council at the time and I mention that, so that if anybody feels compelled that they need to repeat testimony for my benefit, I believe I am up to speed. So, thank you very much, Madam Mayor. De Weerd: Thank you, Mr. Zaremba. And welcome to Mr. Bird. Bird: Thank you. De Weerd: We hope you were successful. Okay. This was continued for limited -- for limited reasons and specific reasons, so I will turn this over to our planning administrator. Canning: Madam Mayor, before moving on to the preliminary plat and the variance, within about the last year or so anytime we have a request for reconsideration it generally gets on the agenda. It didn't tonight, so I didn't know if you wanted to address that first or if I should just move forward with the preliminary plat. De Weerd: No, I think that probably should be addressed first. Canning: Okay. Madam Mayor, there is a request for reconsideration. De Weerd: I guess -- sorry. Just a moment, Anna. Nary: Madam Mayor, Members of the Council, you do have, as part of your public record, because the record is still open for comment, both on the Items 11 and 12 tonight, then, there is a request for reconsideration that was received today. It's within your discretion on accepting that request and if you want to accept that request for reconsideration, our normal practice has been to a member of the side that was prevailing can move to grant that reconsideration if that's seconded. Our normal practice has been to, then, reset all of the matters for review at one time, because, obviously, the impact of annexing the property or not impacts Items 11 and 12. But that's within your discretion to include that. It is in front of you, it is certainly legitimate for you to raise that tonight and it may seem somewhat wasteful to go through the process if that's what your desire is is to consider the whole thing, including the annexation as one -- as one application. De Weerd: Thank you, Mr. Nary. I guess the ball is in Council's court. How would you like to proceed with this? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council January 9,2007 Page 12 of 25 Borton: I have seen what's been provided to us today January 9th, 2007, request from Mrs. Butler on behalf of various individuals with a request for reconsideration. It raises a number of issues, a number of arguments, some legal, some more subjective, all of which are relatively new in the present form before us. I, for one, really have a problem granting a request to reconsider. I'd feel most comfortable handling all three, the annexation, the preliminary plat, and the variance request at one time. You know, with those comments 1 guess I'd ask legal what their thought, Mr. Nary, is as far as we want to hear back from you and your response to this request on some of the legal issues raised. Is it a matter of perhaps a couple of weeks, you know, January 23rd -- was that too soon or should we go that route? Nary: Madam Mayor, Members of the Council, Councilmember Borton, what I would suggest -- you have a couple of courses. If you simply want legal analysis of the legal issues that were raised we could certainly have -- have something back to you within two weeks. If the desire of the Council is to consider the request for annexation again, what I would recommend that you at least set it off for three weeks, because we would need to re-notice that hearing. We wouldn't have to re-notice if you wished to continue Items 11 and 12, but we would for the annexation. So, I think -- Mr. Berg, I think normally three weeks is about the time period we are most comfortable with, just to get it in the paper and there is a holiday next week and I don't know if our -- if our official paper is going to get printed on Monday. Okay. So, just to be sure, three weeks is probably the safest and we can also bring at that same time a response to the legal issues that were raised, as well as in hearing the matter, you have the other ones that you have alluded to that were more -- more discretionary decisions of the Council. De Weerd: Okay. Mr. Borton, did that answer your question? Borton: It did. Thank you. De Weerd: Okay. Further discussion? I would like to have an idea before we proceed any further what your sense is and direction for staff. Borton: You know mine. De Weerd: I do. Rountree: Make a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing no further discussion -- I guess before I make a motion, Mr. Nary, is it -- am I first acting on granting or not granting a motion to reconsider or is it first and, then, a continuance of the other two items? Meridian City Council January 91 2007 Page 13 of 25 Nary: Yes. That's correct. Borton: Okay. Then, I would move that we grant the request to reconsider without making any comment on whether it will ultimately be reversed or granted or otherwise, but for the sake of the reconsideration I move that we do reconsider it and it will be re- noticed and set, I believe, to February 6th. I don't think we have a meeting on the 30th, the 5th Tuesday. So, February 6th I think is as soon as we can. De Weerd: Okay. Do I have a second? Bird: I second that. De Weerd: Okay. I have a motion and a second to grant the request for reconsideration. Any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor -- sorry. Madam Mayor, Members of the Council, I was remiss. One of the things that generally comes up in the discussion and hasn't and if that makes you want to reconsider that last vote, but normally the party that has requested reconsideration does incur the cost of us re-noticing the project, since it's not -- since that was when requested it wasn't included in Mrs. Butler's letter. But that would be, I guess, part of your direction. If that's what they are supposed to, then, they would incur the cost. Now, if I'm incorrect Mr. Berg can correct me, but I think that's how we have done it. Anyone that's requested, if you grant that they do have to pay the cost for the renoticing of that particular hearing. If that's what your desire is, we will certainly work -- have that discussion with Mrs. Butler, since it didn't come up I thought I better bring it up before people leave the room. De Weerd: Mr. Nary, was that part of your discussion with Mrs. Butler was -- Nary: I hadn't had that discussion with Mrs. Butler, but that was our standard practice. I mean she is here if that's something you have a concern with, Council could certainly address that. De Weerd: Okay. Would you mind stepping forward? Please state your name and address. Butler: Joann Butler, 251 East Front Street. And, no, I appreciate what the Council is asking in terms of the notice and we would front the cost of the re-notice and I can work with The Clerk to find out how to do that. Meridian City Council January 9,2007 Page 14 of 25 Nary: Okay. De Weerd: Okay. Thank you. Okay. Borton: Thank you, Mr. Nary. Bird: Are you going to add that to the motion? The second would -- Borton: I guess I could add it to the motion to that respect that Mrs. Butler's acknowledged -- we appreciate that. It's consistent with how we have operated in the past. Bird: Second agrees. De Weerd: Well, there is no motion. We already voted. But that's all right. I appreciate you agree. Nary: You intended that all along. Bird: He intended that all along. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we continue Items 11, PP 06-045, and Item 12, V AR 06-020 to February 6th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 11 and 12 to February 6th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: And I imagine that we have a nice full house because of this item. I apologize for your inconvenience for coming down here. We will hear these items again on February 6th, in addition to the annexation request. Okay. Now, I should have said you all have to stay. Okay. Okay. Council, now that you have cleared the room for the most part, we appreciate all the young people who have stayed behind. You're champions. Item 13: Public Hearing: AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprinas Subdivision by Mike Hill - 1035 East McMillan Road: Meridian City Council January 9,2007 Page 15 of 25 Item 14: Public Hearing: PP 06-054 Request for Preliminary Plat approval of 11 residential lots and 2 common lots on 5.2 acres in the proposed R-4 zone for Clearsprinas Subdivision by Mike Hill- 1035 East McMillan Road: De Weerd: Okay. Items 13 and 14 are public hearings on AZ 06-056 and PP 06-054. will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Clearsprings project. It's located on the south side of McMillan Road, approximately 3,300 feet east of Meridian Road, and it adjoins the recently approved Silversprings application that you probably remember and, then, it's west of the recently approved Harp annexation. So, we are seeing these five acre lots redevelop in this area. You can see the existing homes. The annexation -- the applications before you tonight are annexation and zoning and preliminary plat. The project is a request for concurrent approval of those two applications on 5.2 acres. They would like to zone it R-4 and they have proposed a preliminary plat with 11 single family building lots and two common lots. It shows up a little better on the landscape plan. One of the lots is quite large to accommodate the existing single family home and, then, you have a large open area to accommodate drainage and to preserve a stand of trees that are in that area as well. All the homes within the development are proposed to be single family detached homes. The average lot size in the development is 13,688 square feet. And approximately 9.41 percent of the site is being set aside for open space. The project takes access from the Silversprings project to the west. It will stub a street and it shares a street with the property immediately -- the five acres to the immediate east. The gross residential density of the project is 2.23 dwelling units per acre. The Planning and Zoning Commission heard this item on December 7th and recommended approval to the City Council. Ross Erickson spoke in favor of the application. No one spoke in opposition, nor did anyone comment from the public. The key issues of discussion by the Commission were the future development of the existing home site and development of the neighboring parcels. There were no changes to staff's initial recommendation and to our knowledge there are no outstanding issues before Council and we have not received any written -- additional written testimony since the staff report. And with that I will answer any questions Council may have. De Weerd: Council, any questions for staff at this time? Rountree: I have none. De Weerd: Okay. Is the applicant here? Erickson: Madam Mayor, Members of the Council, I'm Ross Erickson, 1854 East Lanark here in Meridian. It's a pretty straight forward subdivision plat. I guess I'd qualify it as an in-fill and staff gave a pretty thorough report. Just a couple things. We are in full agreement with the staff report and we will comply with the conditions that are stated. There is not a whole lot to go over. It's a pretty low density subdivision. I guess Meridian City Council January 9, 2007 Page 16 of 25 one of the things that we are doing is we are going to provide the eight foot planter strip along the 36 foot street section between the curb and the sidewalk and the developer will be planting those trees and installing sod and irrigating those as part of a tree mitigation requirement, because we are taking about a couple trees, just to make up some of those numbers. Other than that I'd stand for any questions. There is not a whole lot to it. De Weerd: Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. None at this time. Erickson: Thanks. De Weerd: Thank you. Okay. We do have a couple of people who have signed up indicating their support, being against, or neutral. If when I call your name you would like to provide testimony, please, come forward at that time. Joe Burton has indicated neutral support. Neutral support or opposition. I'm not sure what. And so -- Ryan Burkhart -- can't read the writing, but also neutral. And Zach Sidalow is for. Well, we love it when our high school students indicate their opinion. Thank you. Okay. You are now part of the public record. You can, actually, now bring those minutes to your government class and maybe get extra credit. Oh, yeah, you have to testify to get extra credit I'm sure. Okay. Is there -- this is a Public Hearing. Is there anyone in the audience who would like to provide testimony on this application? Okay. Council, any questions at this time? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Anna, if you would put the area wide zoning up there again. Canning: Would you like me to point out the stub street, sir? Is that what you're looking for? Rountree: Uh-huh. Canning: There is -- this one right here splits the two properties. ACHD doesn't do that anymore, but this is one of those where it does, it's set right in the center of it. There is one here and, then, there is this one. This one has been extended and will come to here. So, we are getting a parallel street system, generally one lot depth over on the -- kind of the south side of these parcels as we go along. The Silversprings isn't showing up yet, but as you may recall, that one brought in one and, then, kind of brought a cul- de-sac up -- not just to distant to this one. Meridian City Council January 9,2007 Page 17 of 25 De Weerd: Anna, is that Tuscany to the south? Canning: Havasu Creek to the south. This is the elementary school site and, then, this one has a different name and I can't remember what it is, but it's -- did I get it wrong? De Weerd: No. Canning: Okay. De Weerd: No. I was. I don't have my glasses on. Rountree: Thank you. Canning: Sure. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore public testimony or anything we need, I move we close AZ 06-056 and PP 06-054. Zaremba: Second. De Weerd: Okay. A motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? If none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 06-056, Clearsprings Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. Meridian City Council January 9,2007 Page 18 of 25 MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-054 for Clearsprings Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 14. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: PP 06-055 Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Seyam Subdivision by Ronald Van Auker - 3660 East Lanark Street: De Weerd: Okay. So, Item 15 has had a request to continue to January 23rd. Council? Bird: Madam Mayor. Rountree: You have got one more. De Weerd: Oh, I'm sorry. Well, I need to open it up. I will open up the Public Hearing on Item 15 for PP 06-055 and ask Council for a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we continue Item 15 until January 23rd, 2007. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council January 9, 2007 Page 19 of 25 Item 16: Public Hearing: For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: De Weerd: Item 16 is a Public Hearing for new Public Works fee for flood plane development. I will open this Public Hearing and turn this over to Len. Grady: Madam Mayor, Members of the Council, this fee is an attempt to begin to get our arms around the whole FEMA issue. Basically, what we are doing is asking for people to come in and talk to us and, basically, be proactive on any issues that might be coming up in the flood plane and it's merely just a review fee. It's step one of many that you're going to be seeing in the whole FEMA issue. De Weerd: Thank you, Len. Just -- and not part of the fee, but part of the flood plane discussion, you have been working with a regional type of an ordinance with the Treasure Valley partnership and each of the staffs. How is that progressing? Grady: I think that's going well. It's -- I would say Meridian is fairly new to this exercise. I think we were behind a little bit and certainly there is some players there at that partnership that are quit a bit more advanced, so we are learning, but I think that shortly we will be coming with a list of recommendations from that group to each of the various agencies. De Weerd: Yeah. You learn very rapidly when you're under water. Grady: That's correct. De Weerd: Okay. Council, any questions for Len? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is there any members of the public who would like to provide testimony on this application? Okay. Zaremba: Madam Mayor, actually, I would ask a question, if I may. De Weerd: Okay. Zaremba: Just from my experience on the Planning and Zoning Commission, when applications come before us that have a flood plane element or some part of it trying to go from a flood plane development, a discussion at Planning and Zoning hearings goes on at length about how they are going to deal with it and where the water is going to go if they stop it and I guess my question is I am definitely in favor of having a fee that is Meridian City Council January 9, 2007 Page 20 of 25 commensurate with the cost of staff time and materials, but my thinking that staff time has to be a whole lot more than 25 dollars. If you figure one person with benefits, we're talking about maybe a half hour of staff time. It seems me that in reviewing -- what is it, a three page application, plus the follow up that would be required and at some point possibly even an inspection to see if they have complied with stuff, we may be talking a couple hours of staff time, wouldn't we? Grady: Madam Mayor, Members of the Council, I think you're probably correct as far as a full evaluation. This is merely an exercise to get people in and talk to them and begin the whole tracking of that application. As far as any work done in the flood plain our emphasis is going to be to put that back on the applicant's engineers and certainly we wouldn't be able to evaluate to the extent that the engineer would have to do. So, this is merely just a tracking exercise and, again, to get them in, so that we can talk to them up front. Zaremba: So, you're satisfied that 25 bucks is really just a marker and -- Grady: At this point I am. I'm not -- I may not be done yet, but, again, we are in the infancy on this project and it's a step that we know we need to get people in and start tracking, so this is really the first step, so -- Zaremba: Thank you. Grady: You bet. De Weerd: Thank you. Okay. Anything further from Council? If you have no further comments or questions, I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, Council, I would entertain a motion on this item. Rountree: Madam Mayor, I would ask what the action is. Is it just for staff to continue to create an ordinance or a resolution for the fee or to approve the fee? Both? Nary: Yeah. It's -- Madam Mayor, Members of the Council, it's both, actually. We would -- to approve the fee and we would bring forth a resolution to memorialize that. Meridian City Council January 9,2007 Page 21 of 25 Rountree: Madam Mayor, I move that we approve the fee of 25 dollars for flood plain development permit application and have a resolution to memorialize that at our next regularly scheduled meeting. Zaremba: Second. Bird: Second. De Weerd: Okay. I have a motion and a second on Item 16 to approve the fee and charge staff to take the appropriate action. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. 07-1286 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 18: Ordinance No. 07-1287 AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C-G zone for Cope Subdivision by Ronald Van Auker - east of Meridian Road and north of Overland Road: Item 19: Amendment to Ordinance No. 07-1242A: AZ 06-006 Request for Annexation and Zoning of 10.01 acres from RUT to C-G zone for Kniahthill Center Subdivision by Sea 2 Sea, LLC - southwest corner of Linder Road and Chinden Boulevard: De Weerd: Okay. Items 17 and 18 are ordinance numbers 07-1286 and 07-1287. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 07-1286, an ordinance for annexation of property being a portion of the northeast one quarter of the northeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 and 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. Meridian City Council January 9, 2007 Page 22 of 25 Berg: Ordinance 07-1287, an ordinance for annexation of property being a portion of the southwest quarter of the southwest quarter of Section 18, Township 3 North, Range 1 East, 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 R-1 to C-G 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: Just those two that you mentioned? De Weerd: You can read Item 19 as well. Berg: Thank you, Madam Mayor, Members of the Council, Ordinance 07-1242A, an ordinance amending the legal description for annexation of property located in the northeast quarter of the northeast 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 C-G 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, Mr. Berg. I think that was record time. Berg: Some days are better than others. De Weerd: You have heard this -- all three of these ordinances read by title only. Is there anybody who would like to hear it read in its entirety? Hearing none, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve ordinances in Items 17,18,19,07-1286,07-1287, and 07-1242, with suspension of rules. Bird: Second. De Weerd: Thank you for your motion. I'm sorry. The second was by Mr. Bird. I do have a motion to approve Items 17, 18, and 19. If there is no discussion, Mr. Berg, will you call roll. Meridian City Council January 9, 2007 Page 23 of 25 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Amendment to Ordinance No. 07-1121A: AZ 04-027 Request for Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters. Inc. by Don Weber - east of South Linder Road and south of West Overland Road: De Weerd: Okay. Item 20 was requested to be removed. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we remove AZ 04-027, Ordinance 07-1121A from the agenda. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to remove Item 20 from the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 21: City Council President - Assignment of Department Liaisons: De Weerd: Item 21 is -- I will turn this over to Councilman Borton. Borton: Thank you, Madam Mayor. I have had the opportunity to talk with fellow Council members and communicate with the various department heads about the liaison appointments and changes and rotations which I think help everybody, departments and Council members alike, to get different perspectives and, hopefully, to continue to get a better understanding of each individual department. Through those discussions for the coming year Councilman Rountree has agreed to serve as a liaison for the Planning and Zoning Department, as well as the police department. And as I go through these you add or correct me if 11m wrong. I note that you1re also representing the city on Valley Regional Transit. Rountree: Yes. Borton: And the SWAK. Rountree: Yes. Meridian City Council January 9,2007 Page 24 of 25 Borton: Okay. Councilman Bird will be serving as liaison for the clerk's office, the fire department, and for finance. Councilman Bird also serves on the Compass board, as well as the MDC board of directors. Bird: Yes. Borton: And Councilman Zaremba has agreed to serve as the liaison for the parks and rec department and through much arm twisting and forcing and really subjecting it to him against his will, he is now forced to also be subjected to the legal, HR, and IT department. Nary: Tough duty. Zaremba: I look forward to that. Borton: We appreciate your willingness. Bird: HR and IT is easy. Borton: To serve as liaison for that. Nary: The legal department is tough. Bird: It's the lawyers. Borton: That pile. I will serve as liaison for Public Works, Wastewater and Water, the Council and Mayor's office, as well as the building department, with assistance from Councilman Rountree, who has done a fantastic job serving as liaison for Public Works, Water, and Wastewater, so -- Rountree: Thank you. Borton: -- with his help -- those will be the assignments for the coming year. Bird: Thank you, Mr. President. Rountree: Look forward to it. Thank you. Zaremba: Thank you. Yes. Borton: Thank you all for your willingness to participate. De Weerd: Okay. So, Mr. Nary, we do need a resolution for VRT and I asked Mr. Coulter to, please, forward those -- the appropriate contact to Compass, so that they can take appropriate action at the next Compass board meeting. Meridian City Council January 9, 2007 Page 25 of 25 Item 22.: Executive Session per Idaho State Code 67-2345(1) (f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Anything further on this item? Hearing none, I will entertain a motion to adjourn into Executive Session per Idaho State Code 67-2345(1) (f) and (c). Bird: So moved. Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:20 P.M. 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