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HomeMy WebLinkAbout2007 02-20 Meridian City Council Meetina February 20. 2007 A meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, February 20, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, John Overton, Ron Anderson, 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: Okay. We will go ahead and call this meeting to order. Thank you all for joining us here tonight. It is Tuesday, February 20th. It's five minutes after 7:00 o'clock. We are joined tonight by Flat Jake. Flat Jake is from Covina, California, and he's been hanging out with me today. So, just if -- in case you wondered who our friend is up here, it's just Jake. We are recording this. Okay. Mr. Berg, will you, please, kick us off with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item 2 is our pledge of allegiance. Tonight we are going to go be pled or lead -- pled -- by two young gentlemen who are accompanying their dad tonight, Bishop Jeff Kohler and his sons -- and I didn't get their names. Dallen and Seth. If you will all rise and join Dallen and Seth in the pledge of allegiance. (Pledge of allegiance recited.) Item 3: Community Invocation by Bishop Jeff Kohler with the LOS Church: De Weerd: Dallen and Seth, I do have some pencils and, of course, Councilman Bird always gives candy to our young helpers. So, I will give you the healthy stuff. He will give you what your daddy gives you permission to do. Thank you so much. Okay. Item No. 3 is our community invocation. Tonight we will be led by the father of those two young gentlemen, Bishop Jeff Kohler with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Kohler: Our Father in Heaven, as we begin this City Council meeting this evening, we give thanks to thee for the blessings of our lives. We are thankful to live in this community and we are thankful for the relative peace and prosperity which we enjoy as Meridian City Council February 2012007 Page 2 of 31 citizens here. We are thankful for this land in which we live that allows us the freedom to assemble and the freedom of worship. We are thankful for the blessing it is to be citizens of this United States of America. As this meeting begins tonight, Father in Heaven, we ask thee to bless our Mayor and her associates here on the City Council with wisdom as they guide our city and lead us. Bless that the discussions and reports tonight will be civil and respectful and that we will all work together towards improving the quality of life here in this fine city in which we live. We ask thee to bless those men and women who are serving our country overseas and in harm's way, that they will be protected and that our leaders will be able to make this a world of greater peace and love without so much war. We say these things and we ask this prayer in the name of Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Bishop. If I could, I have a gift for you as well for joining us. It's not a pencil. It's a -- thank you. Okay. Item No.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our regular -- under Department Reports, Mr. Rountree would like a Council department report, so we will have an Item B there. Item No. 9 has been asked to be continued to March 6th, 2007. And, Item 12, has been asked to be continued to February 27th, 2007. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Item 5: Recognition I Appreciation to Jacob Walters, Joanna Walters, and Johnathon Sullivan: De Weerd: Item No.5. I think you all might have read about this story in the newspaper, that we would invite Deputy Chief Silva or Chief Anderson. Anderson: Madam Mayor, Council, we are honored tonight to recognize three of our own local heroes from here in the community and lid like to tell you a little bit about what these three individuals did -- or two of the individuals and Darcie is the fiance of the third individual. But on February 6th at approximately 4:40 p.m., 13 year old Jacob here was on his rollerblades on his way over to his friend's house. While he was en route to his friend's house he saw smoke coming from the garage of a neighbor's house. He went back home and convinced his mother that she needed to come look for herself, Meridian City Council February 20,2007 Page 3 of 31 because she didn't believe him. So, I'm assuming that she might have questioned him a little bit there. When they arrived back at the house and confirmed that there was, indeed, smoke coming out of the house, then, Joanna returned back and dialed 911 and called the fire department. In the meantime, there was another gentleman who lived in the neighborhood, who was on his way home from work and that was Jonathan Sullivan and he saw Joann and Jacob in the street looking a little frantically, so stopped his pickup and got out to see what was wrong and found out that the house was on fire. So, he first looked through the front window and saw that things were array and so he entered the house and low and behold the occupant Dawn Tucker, was back in the bedroom and was sound asleep. Didn't know that her house was on fire. So, Jonathan quickly made it through the house and found Dawn and woke her up and both her and her dog exited the home and about that time the fire department and the police arrived and in the haste of starting to attack the fire nobody got Jonathan's name and Jonathan, being kind of a shy individual, he just kind of disappeared and he got in his car and left and so, then, the search was on for this heroic individual who had stopped and rescued this woman from this burning house fire. And so we ran an ad in the paper and a couple days later we found out who that hero is and, unfortunately, again, Jonathan -- I don't know if this is on purpose or not, but he couldn't be with us tonight, so his fiance Darcie is here to accept a plaque of our appreciation on behalf of him. So, first of all, it's to Jacob and, Jacob, you are exactly the kind of young citizen that this community loves to see and we appreciate all you did and thank you for your heroic action. And, mom, thank you for getting involved and for believing in Jacob and thank you for calling 911. And, Darcie, if you'd take this home and give this to Jonathan and give him a great big thank you from the fire department. De Weerd: We would certainly like to echo the sentiments of Chief Anderson and thank you for joining us here tonight and thank you for getting involved. It's too often that people turn a blind eye to what's going on to not get involved and, Darcie, I think the Statesman appreciates that you read the stories and that you're willing to turn him in. So, we appreciate it. It does take an entire community to continue to make this a premier place to live and it's citizenship like has been demonstrated in this story that makes Meridian the place it is. So, thank you for joining us tonight and we appreciate what you have done. And thank you. Item 6: Consent Agenda: A. Approve Minutes of January 16, 2007 Pre-Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 06- 008 Request for a Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12) from R-4 to C-N zone for Lochsa Falls Office I Commercial Addition by Farwest, LLC - south of Chinden Boulevard and west of North Linder Road: C. Findings of Fact and Conclusions of Law for Approval: MCU 06-002 Request for Modification of the approved Conditional Use Meridian City Council February 20, 2007 Page 4 of 31 Permit / Planned Development to remove the requirement for detailed Conditional Use Permit approval for development on Lots 41-45, Slack 49, Lochsa Falls Subdivision No. 12 for Lochsa Falls Office I Commercial Addition by Farwest, LLC - south of Chinden Boulevard and west of North Linder Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Corner of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: E. Findings of Fact and Conclusions of Law for Approval: 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 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: F. Findings of Fact and Conclusions of Law for Approval: 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: G. Approve Transfer of Owner Applications for Dave Edmark dba Andrades at 2031 E. Fairview Avenue to Dave Edmark dba Super Polio Mexican Grill at 2031 E. Fairview Avenue: H. Approve License Agreement with Nampa Meridian Irrigation District for Waltman Court / Ten Mile Drain: I. Approve License Agreement with Nampa Meridian Irriaation District for Sutherland Farm No. 3/ Ridenbauah Canal: J. Approve License Agreement with Nampa Meridian Irriaation District for Sutherland Farm No. 5 and No. 6 / Ridenbauah Canal: K. Approve License Agreement with Nampa Meridian Irriaation District for Saaecrest Subdivision I Hunter Lateral: Meridian City Council February 20,2007 Page 5 of 31 L. Award Bids and Approve Contracts for 22 Packages for New Water Department Buildina: M. Approve License Agreement with Nampa Meridian Irriaation District for flushina water mains into the Five Mile, Nine Mile, and Ten Mile Drains: N. Approve Comments Letter to ACHD reaardina Five Year Work Proaram: o. Award Bid and Approve Contract for Mower Bid for Parks Department to Campbell Tractor Company for $40,785.00: De Weerd: Okay. Council, Item No.6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and the Mayor to sign and the clerk to attest on all papers Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba: yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Police Department: 1. Discussion of Department Re-organization: De Weerd: Okay. Item 7 under Department Reports. We will turn this over to the Chief. That's Chief Musser. The other Chief. Musser: Madam Mayor, Members of the Council, my report consists this evening of informing you of some planned changes I have been looking at in the police department and in getting your approval to go ahead move forward. Just as an update, I have met with the Mayor on this and with my Council liaison at this point and with our HR director as well, through the planning stages. The chart that I have up right now is currently how Meridian City Council February 20, 2007 Page 6 of 31 the police department is organized. I have a fairly flat organization with four lieutenants right now -- De Weerd: This flat? Musser: Just about that flat. And what I'm looking to do is to start moving forward, so that I take the patrol division, which is on the far side over here, almost kind of shaped like our little guy that you have right there, and combining them in with the detective division, which is over on the far right-hand side of the diagram, and combining that division into one division that will be known as field services. There is a couple of reasons why I'm looking at doing that right now. Number one, I would like to have watch commanders available on the shifts. This will allow us to have lieutenants that we could place directly out as watch commanders on the shifts. So, for instance, the lieutenant that would be on the day shift would be responsible for all the day teams, the sergeants would report to him, and he would be the guy there in charge to be able to follow up on complaints and that type of thing as they come in. Just expand it out for us as we continue to grow. Same thing on the swing shift. And, then, finally, into the graveyard shift as a -- as we get there. What I'm looking to do at this point -- if we can go to the next chart -- is from March what I'd like to be able to do is to initiate the first of what will be three phases with this reorganization and as you can see, field services now has all of the patrol folks combined in there with the detectives at this point. I will still have a criminal investigating -- criminal investigations lieutenant at that point. Currently that position is occupied by Lieutenant Gene Trakel, who has made his intention quite clear that he intends to retire come July 20th and what I'm doing is holding him in that position at this point with that unit as we move forward. In the meantime, the watch -- the watch commander position for the day, I'm looking at Lieutenant Bob Stowe occupying that. And, then, my other lieutenant would be from a promotion, would be Staff Sergeant Tracy Basterrechea, who we had -- I had come before this Council about a year -- a little over a year ago and requested to be able to promote him to a staff sergeant position so we could begin training him and getting him ready to move into an eventual position as a lieutenant with the department. After Gene retires out of his position as the CID lieutenant, I will be looking to come forward into the next fiscal year to be able to fill his position, that open lieutenant's position, and with what will be the final lieutenant to round out that area. In the meantime, utilizing the services of Lieutenant Overton with community services, his area won't change a whole lot, except that it really continues to grow with all the different things that we are doing in town and he's been doing an outstanding job with that section over there. A lot of our bread and butter, though, right now is in-field services, so I'm looking to change that structure and I would like to promote a captain. We still have a captain's position within the city. It hasn't been filled for about a year, year and a half, maybe as long as two -- two years at this point, but I need to be able to bring that back in, because what I'm looking at is as the field services area grows and we continue to spread out over time, I need to have a good operational manager in there and I do have a lieutenant tabbed for that appointment at this point and that would be Lieutenant Jeff Lavey for that captain's position. If we could go to that third chart, Anna. The third chart that I have here shows ultimately where I plan to be able to get to as we enter into our third phrase on this. As Meridian City Council February 20, 2007 Page 7 of 31 you can see, we do have the three watch commanders across the top. The light colored one there is the grave watch commander. We have the team structured out and one of the things that we are looking to do with detectives is to separate out the detectives, so that we have both day coverage and a swing coverage, so we have better investigative resources available around the clock. We are not just relegated to 8:00 to 5:00, Monday through Friday on it. I'm also looking at moving the SROs under the community services area. It is a community services project that we have with the SROs. That area will continue to grow. We have another middle school coming on this fall and my budget will so reflect the expansion we will need to be looking at in that area as well. Ultimately, this is what we had been envisioning. In looking at -- I started on this project back in September to look at the different mechanisms that were available, see how best to realign the department in terms of where we needed to go down the road. Considering that the City of Meridian is continuing to grow, even though the residential may be down a little bit, we are continuing to grow and we will continue to see an upswing in other growth coming in, in particular in the commercial arena, and looking forward to when the Ten Mile interchange is in and the development that will bring that changes a couple of corridors in town to a whole different focus for the police department. So, part of what 11m doing is being able to set the stage here at this time to put some key folks into place to be able to set the structure up as we grow, so that we can also accommodate that new focus as we become much more of a self-sufficient city by 2010. And what I mean by that is that in the past we have to rely upon some commercial and industrial items from other cities, Nampa and Boise in particular, but we are starting to see it come in in the Ten Mile corridor with the new interchange, will allow us to have that and it changes how we do policing here in the City of Meridian. Predominately it's been residential policing that we have had to do and what I'm trying to do is set the stage so we can plan for that future and be able to accommodate the different types of growth that we are going to have and different types of problems that we will see at that time. Now, the bottom line -- and I know youllllike the bottom line on this -- is what it's going to cost. Overall what I'm looking at at this point is I can implement this and be able to go with the two key promotions that I need, which would be Lieutenant Lavey and Staff Sergeant Basterrechea to implement this here in March. And the initial cost that I have on that at this point is just under 10,000 dollars. As I do the 10,000 dollars and I plug that into our financial budget sheets that we have from our financial department, with the FICA, the PERSI, the workmen's comp, all of that added in there, the overall expend iture that we are going to be looking at is roughly 14,970 dollars. I can accommodate it in the current budget that we have set at this point, because of the number of officers that were authorized for hiring in the first two months out of this year. We did not have all those officers on. I already have over 60,000 dollar savings within the current budget and that is something I did address with finance on it, they donlt feel that an amendment would be necessary at this point, as long as the authorization to move forward within our current budget was approved by the Council, which is part of the reason why 11m here tonight, to present this to you and see in this is the direction you would like to see me go or not. And I'd stand for any questions. De Weerd: Council, any questions? Meridian City Council February 20, 2007 Page 8 of 31 Borton: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Chief, all I can say is if you want to go this way, lefs go with it. You've got the money in the budget, I'm for it. Musser: Okay. I appreciate that Councilman Bird. Zaremba: Madam Mayor, my comment would be that you're ability to look ahead and forecast what you need is excellent and appreciated. Musser: Thank you, Councilman Zaremba. I appreciate that as well. De Weerd: And I think the chief has sat down with his senior management and they have tried to work out all the bugs and I think there were bugs, but they have been worked out and I think this is a good, strong, positive forward step and one that will accommodate and respond to the direction the city is going. Rountree: Madam Mayor, I don't know if we need a motion or not, but it is on and appreciating what Bill's put together prior to my taking over the liaison position with the police department, ifs kind of nice to have all of this hammered out already, but I would move that we accept a request from the chief to move forward with the reorganization structure and with the budget proposed and start the implementation process. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the structure as presented. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba: yea; Borton, yea. MOTION CARRIED: ALL AYES. B. City Council Report by Councilman Rountree. De Weerd: Okay. Item B is a City Council report by Councilman Rountree. Rountree: Madam Mayor, I received a letter from the Idaho Transportation Department requesting Meridian to become a participating agency in the Idaho 16, 1-84 to Idaho 44, Environmental Study. What that, essentially, means is that we would participate in that process in the coordination meetings, development of the coordination plan, which includes the scheduling of the project activities, provide comments on purpose and need, the range of alternatives and practicability of various alternatives and also the Meridian City Council February 20,2007 Page 9 of 31 identification of what issues that alternatives might have for the City of Meridian. In any other planning activities that we might be involved with it could either affect or aid any of the proposals that they are bringing forward. I bring this forward, because it was a letter requested -- written to me and it's also been ccld to the planning department and just get a read from the Council on whether or not you want us to be a participating agency and, if so, they have requested that we respond in writing either way, I guess, whether we are or are not going to be a participating agency. I donlt think there is any financial requirement, other than some staff time and I have already been volunteered to be the coordinator with the agency meetings on this anyway, so Pete and I have been going to the meetings that they have already held kicking this off and would continue to do so. So, any feedback? De Weerd: Council, any comments? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have no problem. I think it's a good idea. I mean it's going to impact us tremendously and we need to -- we need to definitely have a voice in it. After it hits Chinden it's ours and I think that we do need to be involved and if Charlie is volunteering to do it, I think that's great. De Weerd: Me, too. Mr. Zaremba. Zaremba: Madam Mayor, two comments, if I may. One, I think we have all received notice of it, but tomorrow ITD is having an open house at the Idaho Center. I believe the hours are from 3:00 to 7:00. Rountree: 3:00 to 7:00. Zaremba: Something like that. And at a quarter after every hour they are going to have groups get together and discuss this very subject separately. I intended to go on my own to one of those sessions. We are all invited to it. And I think it's excellent that they are starting. That's my first comment. My second comment is that back somewhere near a year and a half to two years ago now, when the Planning and Zoning Department had an open public house regarding expanding our area of impact to the north and the west, a lot of people along the McMillan corridor came to that meeting and were very interested in Meridian being involved in making the decisions that -- even though the actual projects may be a long way off, they want to know what's going to happen with their property. So, I do encourage Meridian to participate in this any way we can. De Weerd: Okay. Mr. Rountree, you are -- Meridian City Council February 20,2007 Page 10 of 31 Rountree: I take that as a go, so if I could have Anna's ear, possible have Pete respond in the affirmative, that we will participate and you can identify who on your staff would be attending and I assume it will be Peter Mapp and myself and anybody else who wants to tag along. De Weerd: I will stick with 20-26. Rountree: Okay. One's enough. De Weerd: And Ten Mile. Locust Grove. Thank you. I appreciate, Mr. Rountree, your interest and willingness to be involved. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: FP 07-002 Request for Final Plat approval of 120 single-family residential building lots and 13 common lots on 34.74 acres in an R-8 zone for Solitude Subdivision No.2 by Solitude Development, LLC - SEe of McMillan Road and Meridian Road: De Weerd: And Item 9 has been requested to continue to March 6th. Zaremba: Madam Mayor, do we need a motion for that? De Weerd: Yes, please. Zaremba: Madam Mayor, I'm move we continue FP 07-002 to our regularly scheduled meeting of March 6, 2007. Borton: Second. De Weerd: Okay. I have a motion and a second to continue Item 9 to March 6th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: FP 07-003 Request for Final Plat approval of 55 single-family residential building lots and 7 common lots on 12.00 acres in an R-8 zone for Shepherd Creek Subdivision by RMR Consulting, Inc - West side of Meridian Road, approximately ~ mile south of Overland Road: De Weerd: Item 10 on FP 07-003. I do have a letter from the applicant agreeing with staff conditions. Anna, do you have anything you would like to add? Canning: No, ma'am. Meridian City Council February 20, 2007 Page 11 of 31 De Weerd: Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Director Canning, I need clarification. Since this last left the Planning and Zoning Commission, where it was I last saw it, the Planning and Zoning Commission was very concerned that the roadway should connect to Meridian Road, State Highway 69, and that does not appear to be required by what we are looking at. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, the City Council did decide not to require that connection to Meridian Road. So, the final plat that's before us tonight is consistent with the approved preliminary plat. Zaremba: All right. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-003. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Continued Public Hearing from February 13, 2007: MI 07-001 Request for a Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No.6 for Cedar Sprinas Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: De Weerd: Okay. Item 10 is FP 07-003. Bird: That's what we just approved. De Weerd: Oh, I'm sorry. You're right. Continued Public Hearing on MI 07-001, Item 11. Anna. Meridian City Council February 20,2007 Page 12 of 31 Canning: Madam Mayor, just for the record, too, there was a mistake on that former one that referenced Item 9. It was Item 10. I think it got to that, though. This is the Cedar Springs Professional Center project. It's located on the north side of Ustick and east of Venable Lane, the blue highlighted parcels you see there. They are currently zoned C-N. The request before you tonight is a modification to their development agreement. The applicant requests that all principally permitted C-N uses be allowed on Lots 5, 6, 7 and 8. And, again, those are highlighted for you. You can also see them probably in the landscape plan. Those four buildings kind of rimming this side of this project. Currently only office uses are allowed, despite the C-N zoning. So, they are requesting now the C-N zoning, which is in line with the neighborhood center concept. Certainly, the applicant proposed the office uses as a restriction upon themselves at the time that it went through, but we ask for the C-N zoning to allow for additional uses as time went on. So, those structures -- we do have building permits, just so you know, on all of them. This is the one that faces Meridian Road. And, then, this is an elevation of that one as well. And, then, these are the elevations of the other three units. So, they have begun construction on all of these and they do have valid, active building permits at this time. So, the proposal that's being -- the change that's being proposed is to modify the development agreement, Section 4.1, to add the phrase: In addition to office uses, all principally permitted C-N neighborhood business uses shall be allowed on Lots 5, 6, 7 and 8, Block 25, of Cedar Springs Subdivision No.6. That's the only change. Staff is recommending approval. To our knowledge there are no outstanding issues before Council and we have received no written testimony since the staff report. And I will answer any questions you may have. De Weerd: Okay. Just a comment. This is a nice development. I mean it is -- I was probably not one of its biggest fans when it came through with the Maverick and it is -- it is a very nice development. Is the applicant here? If you could pass on my comments to your clients. It's turned out to be a very nice asset for our community. Fluke: Thank you. I'm happy that you like it. Madam Mayor, Members of the Council, Darin Fluke, JUB Engineers, 250 South Beachwood in Boise, representing the applicant. When we initially went through it was intended and anticipated that all of those four buildings that you see there would be strictly office. Those buildings are about 5,000 square feet, which allows them to be quartered into spaces of about 1 ,200 square feet, more or less, as sort of flex office space and many of the -- many of those buildings or many of those spaces will still get used as office space. My client just seeks some additional flexibility in allowing other uses that are allowed within the C-N zoning designation, to be allowed in there. I don't recall how we got to that point where we said there would only be office in there. That's what they intended at the time for those four buildings, but, apparently, market conditions are such that they'd like a little additional flexibility. That's for my client. What the city gets in return is a more complete commercial zoning designation in this location. It will allow other things, like small specialty retail shops, such as a video store or a coffee shop or a pastry shop, whatever, to go in more in line with -- in keeping with what the C-N zone is intended to do, which is to make it so that people don't have to get in their car every time they need to get a gallon of milk or they want to go to the bookstore, they can walk there from Meridian City Council February 20, 2007 Page 13 of 31 where they live. It's a high quality development in terms of appearance, as you have noted, and that will not change, of course, with this. What you see is what you get. As far as the buildings go, this is just to allow a wider diversity of land uses within those buildings that are being built. So, we'd simply ask for your approval and I will stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. Fluke: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to offer testimony on this application? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not hearing anymore, I move we close the Public Hearing MI 07-001. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. If there is no discussion, Council, I need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MI 07-001. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba: yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council February 20,2007 Page 14 of 31 Item 12: Public Hearing: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an 0- T zone for Valley Shepherd Church of the Nazarene Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: De Weerd: Okay. Item 12 also has been requested to continue. I will go ahead and open the Public Hearing on RZ 06-013 and I believe this was a request by the applicant; is that correct, Anna? Or posting? Canning: Madam Mayor, it was a posting error. The site is posted for next week currently, so -- De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 12 -- or continue Item 12 until 2/27/07. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 12 to next week. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RZ 06-014 Request for a Rezone of 15.58 acres from an R-4 zone to an 0- T zone for Joint School District No.2 by Joint School District No.2 - 911 N. Meridian Road: De Weerd: Okay. Item 13 is a Public Hearing on RZ 06-014. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Joint School District No. 2 project. It is around their administrative offices, which are located at the northwest corner of Meridian and Pine, as you know. The application before you tonight is for a rezone from the R-4, as shown here, to Old Town and that would be rezoning 15.58 acres. The purpose being to sell a portion of the property for commercial and office uses where the existing offices are now. I don't have my laser pointer out. Sorry about that. These are the existing offices along Meridian Road. And, then, this is the old Pine Street school, which I will discuss in a moment. The Planning and Zoning Commission recommended approval at their January 18th, 2007, Public Hearing. Shari Stiles spoke in favor of the application. No one spoke in opposition. Wendell Bigham from the school district commented. Key issues of discussion by the Commission were the Meridian City Council February 20, 2007 Page 15 of 31 relocation of the old Pine Street school house onto the elementary site. I think what was proposed at the Planning and Zoning Commission was that there was an older home on the site that would be removed and they could move this old Pine Street school onto that property. They also discussed a change in address for the elementary school from State Street to West 1 st Street. So, here is 1 st Street coming into the property that basically provides the entrance. State Street is over here and, actually, the school does not have frontage on State Street currently. Or -- yeah. State Street. So, the key changes from staff's initial recommendation were to require a development agreement. The provisions of that development agreement would be -- there is just two of them. The first one would be that the old school house building shall be moved and maintained on the Meridian Elementary School parcel prior to development of the parcel along the northwest corner of Pine and Meridian. And that re-addressing of Meridian Elementary shall be coordinated with emergency services and planning staff with the address change happening after school lets out for the summer of 2007, prior to school resuming in the fall of 2007. So, those are the only two provisions of the development agreement. Just before the hearing the applicant's representative did inform me that they would like to not have a development agreement, so there is that as an outstanding issue before City Council. And we have not received any written testimony since the staff report. With that I will answer any questions you may have. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what's your thought on a development agreement? Canning: Madam Mayor, Members of the Council, Councilmember Bird, given that it is another public agency, it seems awkward at times to require a development agreement with them, but I think that the Planning Commission did recognize two issues associated with the site that did need to be addressed. If there were something else to tie them to, that would be a possibility, but I don't think that the school district has any definite times on when they'd like to move the old Pine School house and, then, the readdressing is just kind of the right thing to do regardless and I think we could probably get to that one in another fashion, but the applicant did point out that we are currently in a -- have an agreement regarding the Pine school building and that may just need to be redone and we could just trust that the readdressing gets done, because it's the right thing to do for everyone involved. De Weerd: You're mumbling and -- Canning: I'm sorry, ma'am. De Weerd: -- Dean doesn't like that. Meridian City Council February 20,2007 Page 16 of 31 Bird: I was going to say, you're becoming a very good politician there. You're circling the question. We are supposed to do that, not you. Thank you, Anna. De Weerd: Okay. Mr. Nary, do you have anything you would like add on that point? Nary: Madam Mayor, Members of the Council, that was discussed at the Planning and Zoning Commission. Mr. Bigham was there. He didn't have an objection with it. I agree with Mrs. Canning that sometimes with public agencies it ends up being awkward and we end up re-titling it or something else that suits their purposes, but if you're comfortable that we can get those few things taken care of, that's certainly within your prerogative. If you want to make sure that it gets accomplished in some reasonable fashion, a DA is really your only method to do that, so -- De Weerd: Okay. Thank you. Would the applicant like to comment? Stiles: Shari Stiles, Engineering Solutions, 1029 North Rosario in Meridian. De Weerd: Oh, you have moved. Bird: Beautiful office, too. De Weerd: Finally opened. Stiles: Open for business. De Weerd: When is the ribbon cutting? Stiles: Spring. So we can have our barbecue out and get the bar set up and everything. De Weerd: Okay. Welcome to Meridian. Stiles: Thank you. De Weerd: Or welcome back to Meridian. Stiles: Thank you. I do have a copy of the agreement. Unfortunately, I didn't get copies made, but that agreement was entered into in May of '94 between Grant Kingsford and Dan Mabb and the reason we would like to dispose of the development agreement requirement is this is pretty specific. It does have a clause at the end that either of the parties to this agreement may terminate it by first giving the other party 60 days prior written notice of intent to terminate the agreement. This is the only fashion in which this agreement may be terminated. And it sets out that -- what the school will do and what the city will do. I don't know if any of you recall that agreement, but it probably needs to be either terminated and rewritten or -- we would hate to encumber the plat with a development agreement, because that shows up in all the title reports. The city Meridian City Council February 20,2007 Page 17 of 31 and the school district may decide that's not the place that they want it in the future, it's not all that visible there, and, you know, you may have more of a historic area that you want to relocate with museums or something like that. But, yeah, it is an encumbrance on the property. I thought that we could take care of it -- that the Mayor or her designee would amend that agreement and work together to come to an acceptable agreement. I don't know if you need to come back before Council or -- but we would like to do that. I think we have a good working relationship with the school district. Of course, we have no problem getting that new address figured out. We will get Tricia Shindel in Public Works Department and get a new address for that, so they are prepared, so they can print new checks and letterhead and all that. I think those were, really, the two issues that we would really not -- we would really appreciate not having to have a development agreement. Of course, the other reason being that by the time that property is sold and someone wants to get a building permit, it's all going to be done, you know, and it's -- that's my reasoning for requesting that we not be required to have the development agreement. De Weerd: Okay. Stiles: That's it. If you have any questions. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Shari, I guess the addressing issue I don't have a whole lot of heartburn with. The agreement that you referenced, really, isn't an agreement or a contract at all. So, my only concern is as we sit here now there is no assurance as to what's going to take place with that school house. I don't know what type of authority you have to bind the district, so to speak, but at this time about what he's willing to agree to and if there is something that needs to be written up between the city and the district, not necessarily a development agreement, but a redo of what you have referenced. Do you have anything you can comment or offer on that or -- Stiles: Well, it is very specific as to what will be done. You're saying that this is not an agreement. Borton: Well, if you can terminate it -- Stiles: For no reason -- Borton: I mean we agree to it, unless we don't agree to it, and, then, we don't agree to it. De Weerd: Leave that to an attorney to point that out. Meridian City Council February 20, 2007 Page 18 of 31 Stiles: Mayor de Weerd, Councilman Borton, Councilmen, I guess I would hope that the city felt comfortable enough that they would get this resolved without unnecessarily encumbering their property thafs no longer going to have this -- I mean ifs got to go somewhere. Borton: Right. Stiles: And they were -- you know, if the city owns the school and it's on their property, but to forever say that they are -- that that lot is encumbered by instrument number whatever, recorded in Ada County, and they go and look at it and say what are you talking about, it's a school. I mean if this is something that you would like to wait a week or put it out a week, so Wendell can be here and make a definite -- I don't know what the Mayor's schedule is like. I'm sure they want to get it taken care of as soon as possible. Borton: I don't necessarily have -- I don't have any problem with it, I was just curious what your response was and what your position was. I feel comfortable with that situation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And, Ms. Stiles, I guess my question would be -- I agree that between public agencies, you know, a hand shake and a smile probably should be good enough. 11m assuming -- maybe I'm reading more into this -- for one thing, this agreement, apparently, is 12 years old and nothing has happened. There is no deadline or timeline on it, I guess. But, then, the other thing that I'm assuming is that the school district plans to separate this parcel off and sell it separately. Is that -- is that what's happening? Stiles: Councilman Zaremba, Mayor de Weerd, Council, they are doing a property line adjustment. I don't know if you had a copy of it in your -- in your packet, but it -- do you happen to have that, Anna? Zaremba: Yeah, I do have that. It does say that they would like to offer the property for sale. So, I guess my comment would be we would not be encumbering the school district, we would be encumbering this new piece of property and I personally don't have a problem with that. Stiles: I don't believe they would be able to sell it with a building that is not owned by them. Zaremba: So, you're saying they have to move the building anyhow in order to -- Meridian City Council February 20, 2007 Page 19 of 31 Stiles: Yeah. I mean there is no choice. Zaremba: Yeah. I can see that point also. De Weerd: And, Council, I guess if it remains a question, we could have myself and maybe Mr. Nary get together with the school district and try and bring something back to you next week, if that -- if that puts this particular item to rest, we could come back with more details and -- on what could possibly happen. But I would look for your direction on that. Certainly, this could be continued to answer some of those questions. Rountree: Madam Mayor, I guess my take on this -- ifs a matter of timing. Shari indicated in something in her testimony that it's going to happen. I don't know what that means in terms of timing, if it's going to happen in the next six months, I'm sure a development agreement isn't necessary, but if it happens, like all good things happen between two governmental entities, and it's five years from now, who is going to be here to remember who agreed to do what? And that's my concern, so -- Nary: Me and Will. Me and Will will be here. Rountree: Will and Bill. Bird: Will and Bill. You might be close to being senior by then. Rountree: So, I don't have a bit of a problem if we can work out an agreement with the school district, so we have records of what the agreements were, but I know Councilman Bird and I have some stories about agreements past that have not proved out too well. So, whether it's a development agreement or refreshment of the language that was done 12 years ago and turning it into an agreement about this property. I'm fine with that, so if you want to wait another week or two, that's great. De Weerd: I do like your terminology of refreshment. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would agree with Councilman Rountree, because we have been bit a few times. I'm sure people say we bit them. I could wait a week. Let's get this thing worked out. I think you offered up a great suggestion. You and Bill get together with whoever they want, their attorney and something, let's get one drawn up that's pretty in the sand. I just want to make sure that it happens and gets done. I don't want to be five years from now, you know. Canning: Madam Mayor? De Weerd: Yes, Anna. Meridian City Council February 201 2007 Page 20 of 31 Canning: Madam Mayor, Members of the Council, if Mr. Nary might comment for us. Is it okay that the Mayor be part of that discussion, since this is an open application? Nary: Madam Mayor, Members of the Council, I think if all we are talking about is just this particular piece of it, I'm not too concerned that the Mayor sit in on that discussion with the superintendent. I think we will be okay. The only suggestion, Council -- I mean one week is probably adequate, other than this is a short week and I don't think The Mayor may have time the rest of this week and I don't know about the superintendent. So, it might be two weeks would probably be wiser just to make sure we can have the opportunity to meet and discuss it. De Weerd: Okay. Does that work for you? Stiles: Mayor De Weerd, Council, they are anxious to get it rezoned, so I mean they have got signs up saying that it is already zoned OT, but -- and I'm sure that they would like to get this done sooner, rather than later, but I don't know if it would help if we came back with some proposed language for an agreement or -- I mean I guess I'm asking you do you think that's the best place for it and do you think it will always be there? Because a development agreement would require that it -- you know, that goes forever, unless you amended or terminated or -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't -- you know, they are going to set it around where they got the portables now, is that what I understand? Stiles: I believe so. Yes. Bird: It depends on what's built in there. You just brought up a very good point to me. Is that going to be the best location for that. I don't know, to be truthful with you. Depends on what they build and whoever would buy it and what they built in there. If they built something that blocked it off, you know, an office building -- an office building wouldn't, because we kind of like it out where people can come to it. You brought up a subject I didn't think about of the location. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Perhaps maybe you or Mr. Nary can clarify the issue for me, but it's a matter of the school house is owned by the city; correct? On the district property? Or owned by the district and maintain by the city, but -- Meridian City Council February 20, 2007 Page 21 of 31 Bird: I got news today. I thought it was owned by the district and maintained by the city. That would be part of it. I can't remember, to be truthful with you. De Weerd: Mr. Berg? Berg: Thank you, Madam Mayor, Members of the Council. It was a centennial project jointly done with funds that was raised for that particular project. Terry Smith could probably give you a longer history than I would, but I believe that it initially is owned by the school district and we had an agreement to help maintain that and keep it so that it was available for the public to use for special events or elementary schools to tour it or historical society to have special meetings or something of that nature. You have the other part of it, the history people part, that I'm sure would want to play some roll in to what they could utilize it for, especially if it's located in a unique spot. I wish I could call some of the other people, the guy that signed the agreement, I'm sure I could ask him a couple of questions. But I don't believe that -- you know, that it was kind of a community, everybody took part of it, but I think the school district really owned it, because it was sitting on their property. We did a lot of work to get it up to where it was. Bird: That's what I thought, too, Tammy, and I was on the committee. I felt that that was -- it was school district property -- on their property and we raised the money. There wasn't any city funds that went into it, it was strictly raised by our committee, as I understand -- as I remember, so -- but I think we can weed out some kind of agreement. 11m like Mr. Rountree, letls go back and get the thing and come back and I don't think we need a development agreement. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not to muddy the waters, but, of course, I'm the one that always goes sideways with suggestions. Considering the apparent purpose for the refurbishment of the building and the possible future uses, if you're going to go to the effort to lift a building and put all the wheels under it and get it ready to move, the difference in cost in how far you move it I don't think is all that great and I wonder whether it might make more sense to move the building to a city park where people would be more aware of it and that it could be available for others uses, even if it became a museum. De Weerd: Well, I do believe that we have looked at that and of consideration in Meridian Settlers Park that the parks department did come back with. So, that has been an item of discussion. It seems that we probably should just see if we can get together by next Tuesday and -- I don't know what my calendar looks like, but I don't have to be at the meeting, if we just got staff together, too. So, let's see what we can do between now and next Tuesday and with both sides committed to getting together and discussing this. Okay? Bird: I'm for that. Meridian City Council February 20, 2007 Page 22 of 31 De Weerd: Okay. Does that seem reasonable, Shari? Stiles: Yes, it does. De Weerd: Okay. Stiles: Mayor de Weerd, Council, I just briefly would like to go through what the school is paying for or what this agreement said, since, I'm sorry, you don't have copies of it. The school pays for fire and casualty insurance, electrical power, and maintenance, water, winterization of water and sprinkler lines, janitorial service of minor maintenance, vacuuming, dusting, snow shoveling, et cetera. Scheduling of use as a Pine Street school, which includes key, checkout, opening for guests. Pine Street school groups, collecting deposits, if necessary, et cetera. The city's responsibilities were lawn care and upkeep, including mowing, edging, fertilizing, sprinkler repair, at cetera. Maintenance and upkeep, including care for the schoolhouse, outhouse -- is there an outhouse? De Weerd: I think it's the outer building. Stiles: Playground equipment, signs, steps, and ramp, repair of wear and tear, vandalism damage, window breakage, furniture repair, painting repairs, et cetera. Intermountain gas costs, liability insurance, janitorial services, exterior window cleaning, step and ramp cleaning, receiving calls for repairs or reports of damages, et cetera, which shall be relayed onto the school and shall be monitored by the school. So, there may be liability issues that, you know, they go on that you might want to look at and I will get this copy to Will, but I did get it on your website, which is fantastic. I don't think a week will make or break it, so -- I know they do have people interested in it, you know, that's a pretty high visibility corner and I don't know what's going to be left after ACHD gets ahold of it, but that's alii had. De Weerd: Okay. Council, if there is nothing further for Shari -- Bird: No, I have none. De Weerd: Okay. Thank you. Stiles: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, it looks like a continuance is in order. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 20, 2007 Page 23 of 31 Rountree: I move that we continue Item 13 until 2/27/07. Bird: Second. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. You know, it is a motion that doesn1t have discussion, so I will first ask for action on the motion and, then, ask for your comments. Bird: We have a second on it. De Weerd: We did have a second, Mr. Rountree. The motion is to continue Item 13 to next week on the 27th. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Zaremba. Zaremba: It, actually, was not discussion on the motion, but I assume that it needed to be made before the motion was completed. Maybe not. My question was can somebody enlighten me on the pathway to find this document? De Weerd: Yes. You go under the clerk's office and, then, you would have to go into the documents. I'd have to go in and do it myself. So, Mr. Berg will sit over there and walk you through the process. Zaremba: I will talk offline with the clerk and get that information. Thank you. Item 14: Public Hearing: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverlv Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: Item 15: Public Hearing: PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common / other lots on 5.3 acres in a proposed L-Q zone for Waverlv Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: Item 16: Public Hearing: CUP 06-030 Request for a Conditional Use Permit approval for a multi-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: De Weerd: Okay. Okay. Council, Items 14 and 15 and 16 are public hearings on AZ 06-047, PP 06-059 and CUP 06-030. I will open these three public hearings with staff comments. Meridian City Council February 20, 2007 Page 24 of 31 Canning: Madam Mayor, Members of the Council, this is the Waverly Place project. It's Lot 6, Block 1, of Magic View Subdivision, which is located at 2510 West Magic View Court. It's this property here. The applications are for annexation and zoning, preliminary plat, and conditional use approval for a multi-family development in the L-Q zone. The highlights of the proposed development include annexation and zoning to light office, preliminary plat approval of six multi-family residential building lots. This is our best. And one clubhouse building. This is the clubhouse building. Maybe this is a better one. Here is the clubhouse building. And three common area lots. And, then, Conditional Use Permit approval is for 24 multi-family residential dwellings at six four- plexes. So, this is one set, two, three, four, five and one in the middle, so six. The gross residential density is 5.1 units per acre. It's 6.4 net density. There is a public road that comes in and loops around the project and, then, two common drives, one going by the clubhouse and one going to the northwest corner of the property. The Comprehensive Plan designation for this property is office. That designation reads: This designation will provide opportunities for low impact business areas. These would include offices, technology and resource centers. Ancillary commercial uses may be considered, particularly within research and development centers or technological parks. And, then, the last sentence of that designation as it applies to this property is 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 City Council. Prior to staff accepting this application we sought advice from Council. We felt that this application did not require -- that it did require a Comprehensive Plan amendment, so we brought that language to you and the Council felt that the last sentence was ambiguous enough that we needed to accept the application for you to consider as -- as itself. So, that is why it is before you tonight. Kind of as an aside, that just after you made that determination that I needed to accept this, I did submit a Comprehensive Plan text amendment that removed that last sentence that was approved and that sentence is no longer part of our Comprehensive Plan. But this application preceded that one. So, as it applies to this project that last sentence is still there. But -- Madam Mayor, Members of the Council, I have just heard from the applicant that the representative Mrs. McKay is not able to be here tonight, so they are requesting to defer the application. Do you want me to continue with the presentation or would you like me to redo this presentation at a later time? De Weerd: Council, I think we have a lot of people here tonight that are interested in this application. What would be your direction? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did I hear you correct to defer to the applicant? Canning: Yeah. I think they want to continue it. I was not -- they had not stated a date. De Weerd: I guess, Mr. Nary, if you could give us what the options are and -- Meridian City Council February 20, 2007 Page 25 of 31 Nary: Madam Mayor, Members of the Council, certainly it's not uncommon and you have had some items on your agenda tonight that they have asked for a deferral or a continuance to a later date for a variety of reasons, sometimes it's posting, sometimes it's other reasons. It's not as common to get that after the presentation has begun, but it is within your discretion either way. Certainly, if I heard Mrs. Canning correctly, what was stated to her was that Mrs. McKay isn't delayed, she wasn't able to be here tonight and I guess I'm not certain why that wasn't brought to your attention prior to the meeting, but if she's delayed we can certainly take a recess, but if it's a fact that she's unavailable this evening, that's, again, within your discretion to hear this matter or continue it to another time. You certainly have the ability to hear the testimony of the folks that are present, but it does tend to be a little difficult from the Council's perspective to make a decision when you hear part of the testimony and, then, have to come back. So, it's solely your decision. Canning: Madam Mayor, Members of the Council, apparently it is a delay. We can try and meet -- try and reach Mrs. McKay on her cell phone and have a time estimate for you if you'd like, but we don't have that information yet either. De Weerd: Okay. Well, why don't we call a five minute recess. We will be able to better know what the time elements are. We will reconvene at 8:20. (Recess. ) De Weerd: Okay. I will go ahead and reconvene the City Council meeting. We are considering Items 14, 15, and 16. The applicant's representative is not able to be here, she had another hearing, but I guess at this point we do have a room full of citizens who would like to provide testimony. If you would like to provide testimony this evening, we will certainly ask to have that testimony for the public record, with the understanding that this will be continued per the applicant's request to take their testimony at the next meeting. So, I guess I would just leave it to the citizens and provide them the venue to provide testimony this evening, just with the understanding that the decision will not be made tonight. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I might be alone in this particular perspective, but with respect to the citizens that are here, I've not necessarily decided one way or another whether I agree to continue it, in light -- and maybe we need some explanation on the record with what's taken place. If it's a situation where, you know, a couple of items got scheduled a week ago to be on the same night and it could have been something that we and the citizens could have been warned might create a conflict and cause problems scheduling, I'm particularly sensitive to that and I'm not necessarily in a rush to continue it, while I might be inclined to do so, I'd be curious to have -- and maybe Ms. Stiles can make some Meridian City Council February 20,2007 Page 26 of 31 comments on the record really as to what took place and where Mrs. McKay is and how that schedule got crossed and sometimes there is traffic issues that make you late and sometimes there just might be poor planning, so if you could give us just a nugget of really what -- the cause of the snafu here. De Weerd: Thank you, Mr. Borton. I would never say that I would make a decision for you. Stiles: Shari Stiles, Engineering Solutions. Councilman Borton, Mayor and Council, unfortunately, Becky and I were in Council meetings in separate cities the same night. One thing got continued to the 20th and she also got her job in Star continued to the same night. She was first on the agenda in Star tonight. She wasn't -- didn't know how many neighbors would be out. She knew that she did have some opposition. We were hoping that we could get our presentation and go on. We have most of the people that have signed up are for the project. I do believe we have one or two or three people that are not in accord with the -- like, for example, the subdivision association for Woodbridge and the people immediately adjacent to the north. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't mean to belabor the point, but was it a situation where, you know, Mrs. McKay had intended to be in Star tonight the entire night or was it the intention that she was going to be in Star the first part and, hopefully, be here by 8:25, to do this one tonight? I mean was there any intention for her to be her tonight? Stiles: Yes, there certainly was. Yes. She wanted to make the presentation and she's all prepared, because it's been a long time since we submitted this application. So, I guess I'm asking if you will allow the people that know the project intimately, they have been involved for many many months on this -- with this project, they don't really need a presentation as far as the people that are pro this project, but in order to give the full presentation and may perhaps deal with some questions -- I'm not sure what would come up, but we would like to have them speak and get that on the record, so they don't have to come back another time. But it definitely was her intention to be here tonight. Borton: Okay. Thank you. De Weerd: Okay. Thank you. Well, Council, if you feel comfortable taking care of -- or taking citizens testimony prior to the official presentation by staff and applicant, we can do that and perhaps Mrs. McKay will join us. Perhaps. Okay. Bird: Madam Mayor? Was Anna -- was she done with her presentation? Let's let her finish her -- De Weerd: Mr. Nary. Meridian City Council February 20, 2007 Page 27 of 31 Nary: Madam Mayor, just as long as it gets -- the public, if they choose to testify, the intent of the Public Hearing is to give them some opportunity to both -- if they have some rebuttal testimony in opposition to the project or if they have testimony in favor of the project, as long as the people that are in opposition recognize that if they choose to testify tonight, without the full presentation by the applicant, without a thorough discussion by the applicant, they are not going to get another chance to testify later. So, if they want to testify tonight, they won1t have another opportunity to rebut whatever is brought up by the applicant, because they will have exhausted that time tonight, that's up to them. But I mean their -- as long as they understand that when they choose to do that out of order than what the normal course would be. De Weerd: Okay. So, as long as that's clear. If you provide testimony tonight, that that would be your testimony provided. That is what you said, Mr. Nary? Nary: Yes. De Weerd: Thank you. Nary: Sounds just like a lawyer, Madam Mayor. De Weerd: Oh, frightening. Stiles: Mayor and Council, I really appreciate your indulgence and I do apologize. It is a nice project. I really like this project and I would -- the neighbors are very happy and it's a very good product and I think that the product is needed in that area. So, thank you. De Weerd: Thank you. Okay. I think we have been clear as mud so far. But the general order or the typical order of our process is the staff introduces the project, the applicant presents the project in detail and, then, we ask for citizens comments, both for and against. Because the applicantsl representative or spokesperson is not here to give their full presentation, we are kind of going about this disjointedly, but we want to recognize and respect your time. For those citizens that would like to provide testimony this evening, we certainly will accept public testimony, with the understanding that this will be your public testimony if it's continued, again, until next week, that this is your one and only chance for that testimony. So, with that said, is there any members of the public this evening here tonight that would like to provide testimony on this application? Zaremba: Madam Mayor, can I ask a question? De Weerd: Mr. Zaremba. Zaremba: Perhaps it would help the individuals make the decision whether they want to speak tonight if we committed to the date we intend -- or at least expose the date we intend to continue it to. If we are talking about next week and somebody is aware that Meridian City Council February 20, 2007 Page 28 of 31 they are not going to be available next week, they may want to speak tonight. If thafs the date that we are aiming for, I think it would help them decide whether or not they can come next week. De Weerd: Okay. Mrs. Canning, did the applicant give an indication as to when they would like it continued? Canning: No, ma'am. Also, I would like to finish my presentation before the public testimony, just so that they are briefed what the project is. De Weerd: Without the representative here to hear it? Canning: Yes, ma'am. I don't know how they'd comment on the application without understanding what it is. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe what would be the easiest is if you took -- if you had anybody who indicates that they wish to speak tonight, based on the proposed day of the week, if that's what they -- and, then, you could make the motion to continue and you could still -- after knowing -- and taking -- excuse me. Then, taking Mrs. Canning's statement and the testimony. If no one here wants to speak tonight, you could set it all over and we could be done in two minutes. But if there are folks out here that do want to speak, then, at least we would know. De Weerd: Okay. Is there anyone who would like to provide testimony this evening and would like the staff's presentation first? You don't want staff's presentation first, but you would like to provide testimony? Okay. Then, please, come forward. If you will, please, state your name an address for the record. Beers: Sure. Thank you, Mayor. My name is Matt Beers and my address is 669 South Crosstimber Avenue in the Woodbridge Subdivision. De Weerd: Thank you. Beers: Thank you. De Weerd: I'm sorry to make this so complicated. Beers: That's okay. It's not too complicated. You know, I think on the list when I was signing in I was the only one who signed up against and my reservations are pretty limited in knowledge, so, you know, I don't have a whole lot of data to really back it up, Meridian City Council February 20,2007 Page 29 of 31 but I will say that from a homeowner standpoint, the only meeting that I was aware of and able to attend was in the fourth quarter of last year and it was at the Meridian Police Department with the builder and he brought along another builder who had a proposal that would be contingent on this project going through and it was -- so, we had these vacation village that would come in and I think the catch would be that we would have some assisted living that would go in immediately to the south, in the property to the south. So, one of the concerns I have as a homeowner is that there is a domino effect that potentially could go through if the zoning changes. You know, first of all, we may not have any guarantees that what vacation village is proposing will actually transpire and, then, secondly, that, you know, we -- I think -- at least from what I heard at the police department was that this idea of assisted living, which sounds really great, you know, low rise building, all the things that we hope and desire, sounded more like it was targeted specifically for, you know, our benefit without any real -- you know, it's not part of this proposal or application you're going to get, so I was nervous about that and immediately skeptical. And, then, as far as, you know, what I have heard in terms of notification so far, we had a brief flyer that got posted at the entrance and exit to the Woodbridge Subdivision and I got something on my door that has a pros only list and I imagine they are all in business in some way or another and, you know, a pros only list is immediately something to bring caution to mind. When I first moved into the subdivision three years ago I had an expectation that, you know, this would be zoned as the office space zoning that it is today and it was part of the decision, certainly not the whole decision, as to why I moved in there in the first place, but it was part of the decision as to why I wanted to live there. I thought that that would be the buffer between me and Eagle Road. You know, having another housing subdivision, even if it's 25 units, that's an additional 50 cars, roughly, that may come back now through my subdivision on the weekends when my kids are out playing or, you know, when 11m commuting, the same time I'm commuting in the morning and the evening and those are all undesirable factors given the traffic situations we already have today, entrance -- ingress and egress in and out of our subdivision. So, those are concerns that I have. I think, you know, the way it's been presented so far it's all pros, no cons. I certainly don't have a problem with the 35 foot -- as it was described in here, 35 foot tall buildings, two story structures, if they are medical in orientation, you know, I think like the last time you guys had a proposal to approve or not approve housing in that area, I don't have a problem with that. It's what my expectation was originally. These aren't view homes, so what we would be looking, you know, unnecessarily, is more interior to the subdivision, not exterior or outside of it. I think that that's originally what, like I said, I signed up for, what I hoped for, and what I hope you all decide for in terms of where we are going. So, I don't know if that's right for comments or not, but this is the first time I have ever testified to a group like this, so -- De Weerd: You did just fine. Beers: Thank you. De Weerd: Thank you. Okay. Did the applicant have a date desired to continue this to? Meridian City Council February 20,2007 Page 30 of 31 Canning: The applicant is requesting one week. De Weerd: Okay. Again, to the public, we apologize for the day. I will offer another opportunity if there is anyone who would like to provide testimony on this application, we would entertain your comments. Okay. Seeing none, Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: In continuing it would it be appropriate to ask that it be the first hearing on the agenda? De Weerd: It certainly would. Mr. Berg, can you accommodate that? Berg: Yes. De Weerd: Good answer. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue the public hearings for AZ 06-047, PP 06-049, and CUP 06-030, all pertaining to Waverly Place Subdivision to our regularly scheduled meeting of February 27th, 2007, with a request that they be placed as the first public hearings on the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 14, 15 and 16 to next week on February 27th. All those in favor say aye. Borton: No. De Weerd: I haven't asked for no yet. All those opposed please indicate. Borton: No. De Weerd: Thank you. Okay. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Council that is the end of our agenda. I would entertain a motion to adjourn. Meridian City Council February 20,2007 Page 31 of 31 Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: -u: MAYOR \ \ \ \ d t H t! 1 U ! J I.: f ; ,'~ \~~\ ~~!'!!:::::;'{~:'>>" ......." a /" ~r-r;r".t1; < "-.-.. "!.f" "/ .:::..... ~,cfJ;"'" '.1{:::-1 ~:'___ """"\ t.~ -:~ f ~~ 'O"~ ~ S]1~:~<L ~ 'J /Z7/ 07 DATE APPROVED