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HomeMy WebLinkAbout2002 10-22 Meridian City Council Meeting October 22, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 7:25 P.M., Tuesday, October 22, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Mike Worley, Gary Smith, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: Now, then, I will open the Meridian City Council Regular Meeting, Tuesday, October 22, 2002, at 7:00 P.M. in the City Council Chambers. At this time I would like to have the City Clerk give us the roll-call attendance, please. Item 2: Adoption of the Agenda: Corrie: Item Number 2 on the agenda is the adoption of the agenda. Are there any additions that -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we adopt the agenda as published. De Weerd: Second. Corrie: Motion has been made and seconded to adopt the agenda as published. All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: Meridian Development Corporation’s Meridian Revitalization Plan: B. Findings of Fact and Conclusions of Law for Approval: AZ 02- 010 Request for Annexation and Zoning of 354.38 acres from RUT Lochsa Falls Subdivision to R-4 zones for proposed by Farwest Meridian City Council Meeting October 22, 2002 Page 2 of 29 LLC and Daniel Gibson – south of West Chinden Boulevard and west of North Linder Road: C. Findings of Fact and Conclusions of Law for Approval: PP 02- 009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: D. Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park Lochsa Falls Subdivision and one private park for the proposed by Farwest LLC and Daniel Gibson – south of West Chinden Boulevard and west of North Linder Road: E.Findings of Fact and Conclusions of Law for Approval: CUP 02-022 Request for a Conditional Use Permitfor a three building Treasure Valley Business Park office complex in an I-L zone for by Clark Development – southwest corner of North Eagle Road and East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: PFP 02-002 Request for Preliminary/Final Plat approval of 3 building Treasure Valley No. 2 lots on 2.66 acres in an I-L zone for Subdivision by Clark Development -- southwest corner of North Eagle Road and East Fairview Avenue: G. Agreement for Services with Ringert Clark regarding Integrated Municipal Application Package filed by United Water Idaho with the Idaho Department of Water Resources: H. Joint Effort Agreement with Ada County Highway District, South Slough Sewer Extension Project: I. Change Order No. 1 for Well No. 23 Pumping Facilities – Guho Corporation: J. Change Order No. 2 for construction of UV / Headworks – Turn Key, Inc.: Corrie: Item 3 is the Consent Agenda and I believe the attorney -- Mr. Bird. Bird: Mr. Mayor, on the Consent Agenda, item B, C, and D needs to be tabled to November 6, 2002. Item A is not even in existence. I would like Mr. Nichols to address that. Meridian City Council Meeting October 22, 2002 Page 3 of 29 Nichols: Thank you, Mr. Mayor, Members of the Council. On Item A to adopt the Revitalization Plan for the Urban Renewal Agency requires an ordinance and in order to get the revenue allocation area, that ordinance has to include a legal description of the parcel that is to be included. Mr. Armbruster and Mr. Siddoway have been working with the Assessor's Office and the State Tax Commission to try to find the easiest way to do that, so that we can have that attached to the ordinance, because if the ordinance doesn't have some way of identifying this property it doesn't appreciate. That ordinance -- we have a draft ready, except for the legal description. There really aren't Findings of Facts and Conclusions of Law to adopt, so, really, Item A needs to be stricken and then we will have an ordinance when the legals are ready and we will present it to the clerk for inclusion on the agenda for adoption by the Council. On Items B, C, and D, we have drafts of those findings out. We have submitted a copy to the applicant and Planning and Zoning staff, because we want to make sure that they are right. We don't want to do -- have do-overs. There were -- remember, several issues involving Mr. Moss and others and we want to make sure that we get those included, so that's why we have asked that those items be tabled to this date and that's acceptable to the applicant. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that explanation and the tabling of B, C, and D, Lochsa Falls, and the striking of Item A from the agenda, I would move that we approve the Consent Agenda and to authorize the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Bird. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: A. Public Works Department: 1. Transportation Task Force Committee Report: Corrie: The next item is department reports. Well, I guess we are going to have to do this the next meeting. Okay. Yes. Public Works Department. Smith: Thank you, Mr. Mayor and Council Members. The Transportation Task Force Committee recommendations should be a tabular report in your packet outlining the prioritization of the projects that were determined by the committee and that we would Meridian City Council Meeting October 22, 2002 Page 4 of 29 recommend being sent on to Compass for inclusion in the PIP. The tabulation of the project shows what the prior year priority ranking was for these projects and what the committee felt the priority ranking should be for this new year. The Ten Mile Road Interchange is included as a specific item in the ranking and priority, as you had requested at our last -- not the last Council meeting, but I think it was two Council meetings ago. Do you have any questions concerning the prioritization by the committee? If you don't, we would recommend your approval of the prioritization and I can, then, send that on to Linda Ritter at the Compass Office for inclusion in the PIP. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Gary, this looks really nice. Smith: Thank you. De Weerd: You addressed and updated it to everything that's happened between the original information you supported and now and it's very easy to follow and I think you have done an appropriate -- a very good job with it. Smith: Thank you, Councilwoman. Appreciate it. Bird: Mr. Mayor? Corrie: Mr. Bird. Go ahead. I'm just looking here. I missed it the first time, but go ahead, Mr. Bird. Bird: Well, if we don't have any more discussion, I would certainly move that we approve this format to be sent onto Compass for our priority listings. McCandless: Second. Corrie: Okay. Discussion? I guess what I'm looking at here -- couldn't see it, Gary, was Overland Road -- you got Franklin Road. Smith: Yes, sir. Overland Road has -- Corrie: That's already been done? Smith: Yes. Well, it's out -- it's out to bid. Corrie: It's out for bid. Okay. Smith: Yes and that's why we didn't include that. Corrie: I just wanted to check. Meridian City Council Meeting October 22, 2002 Page 5 of 29 Smith: And they will be doing the irrigation and drainage structures this fall. I'm not th sure exactly, but the bid date on that I think is the 25 of this month they will open bids on that project. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This question is not part of the motion, but did our staff go to the open house yesterday regarding Locust Grove, Overland, and Franklin? I tried, but I couldn't get over there. Smith: I don't believe we made it, no. De Weerd: I wondered what kind of participation they received or -- Smith: I will find out for you and let you know. De Weerd: Okay. Thank you, Gary. Smith: Thank you. Corrie: Any other discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. Thank you, Gary. MOTION CARRIED: ALL AYES Smith: Thank you very much. Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from the Consent Agenda and there were no items removed from the Consent Agenda, except one -- none of them was. Excuse me. Item 6. Discussion of Property Exchange with Farmers & Merchants State Bank: Corrie: Number 6 is discussion of property exchange of Farmers and Merchants State Bank is Number 6. Mr. Attorney. Nichols: Mr. Mayor, Members of the Council, I don't know if you have the most recent draft of the proposed exchange agreement with the bank. It would require the bank to remove the structures that are on the property. Okay. All right. They have -- they would leave the sidewalks and the trees that are on the -- I suppose the trees that could remain without being damaged by removing the structures. As part of the agreement Meridian City Council Meeting October 22, 2002 Page 6 of 29 they would essentially raze those buildings, remove the foundations, and fill the excavated holes as part of what the city would receive in exchange for the old fire station property. It is a -- it's a bit of a change from what the prior agreement was, but at least that way the ground would be bare and would not have those houses on it. It would probably require that some assessment be done by the city as to how you want to take care of that bare ground, if you want to seed it to grass -- I mean that would involve a sprinkling system and such. You have to be thinking ahead as to how that would be managed, but at least the structures would be gone and the city would not be required to remove those. Corrie: Any questions? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess thinking of liability and maintenance, it wouldn't appear that it would be any different than when we bought the property for a fire station, a police station, or a park, most likely, I guess, maintenance would fall under park purview until something is done with the property. That something, I guess, we could address in our next budget discussion. Is there is anything extraordinary, Mr. Clerk, that we need to be looking at that we don't already do with other property? Berg: Mr. Mayor, Members of the Council, Council Member de Weerd, actually, it's a lower risk to have bare ground than have the buildings up and the reality is that it would probably cost us more if we tried to remove the buildings after we purchased the property or exchanged the property. We would probably handle it like vacant property, mow the weeds, keep it down, and make sure the ground is level and the same condition until we decide what we want to do with the property. I'm glad that we came to that conclusion. Corrie: Any other discussion? Okay. Hearing none, I will entertain a motion to approve the agreement for the property exchange and set a time for Public Hearing. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: I would move that we approve the Property Agreement as presented this evening and ask that the City Clerk schedule that for a Public Hearing. Do we need a Public Hearing? Do I need to state specifically what date? Okay. Bird: I'll second that. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting October 22, 2002 Page 7 of 29 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Mr. Nichols, would you see that they get that? Nichols: Mr. Mayor, I will. Item 7. FP 02-021 Request for Final Plat approval of 21 building lots and 3 other Silhouette Subdivision lots on 3.36 acres in an R-8 zone for by Eagle Springs Investments, LLC – east of North Meridian Road and south of East Ustick Road: Corrie: I'll discuss that with you. Okay. Thank you. Item Number 7 is a request for Final Plat approval of 21 building lots and three other lots on 3.36 acres in an R-8 zone for Silhouette Subdivision by Eagle Springs Investment, LLC, east of North Meridian Road and south of East Ustick Road. Council -- excuse me. Staff. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. Pardon the psychedelic screen tonight. It's not your eyes. This Final Plat is for 21 building lots. They are all single-family lots. Again, we are at the -- on the east side of Meridian Road just south of Ustick there. It's approximately seven -- or, I'm sorry, 3.36 acres and the density ends up to be about 7.1 dwelling units per acre on this project. City Council did approve the Preliminary Plat in March of this year, so this has been reviewed in association with that Preliminary Plat, and the Final Plat is in substantial conformance with what you have already approved preliminarily. The staff has made our standard recommendations and th conditions in our October 16 staff memo to the Council from Dave McKinnon and Bruce Freckleton. The plat does involve a couple of open space lots. They are proposing, again, half court basketball and a picnic table in terms of an amenity in this planned development. They do have a fairly decent variety of lot sizes there, so we are just -- we are recommending approval of the final plat with conditions. Corrie: Okay. Thank you. Any other staff comments? Okay. Comments for the staff, Council? Bird: I have none. Corrie: Okay. Is the developer here tonight? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Tealey: Yes. Corrie: Name and address, please. Tealey: Mr. Mayor and Members of the Council, my name is Pat Tealey. Office address is 2501 Bogus Basin Road in Boise. We have reviewed the staff comments Meridian City Council Meeting October 22, 2002 Page 8 of 29 and requirements that are being put on this subdivision. We agree with the comments and we have no concerns with meeting them and stand here for questions if you have any. Corrie: Okay. Thank you. Any questions? Bird: I have none. Corrie: I apologize. You didn't need to be sworn in on this one, but we did it anyway. Okay. I guess no questions. Thank you, Pat. Okay. Council, if there are no questions, I'll entertain a motion on the request for Final Plat approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve request for Final Plat of 21 building lots and three other lots on 3.36 acres in an R-8 zone for Silhouette Subdivision and to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion has been made and seconded for the final plat approval. Any further discussion? Roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion for approval is approved. MOTION CARRIED: ALL AYES Item 8. TE 02-005 Request for a one year time extension on the Preliminary and Resolution Subdivision No. 2 Final Plat approval of by Briggs Engineering – southeast corner of West Overland Road and South Locust Grove Road: Corrie: Item Number 8 is a request for a one year Time Extension on the Preliminary and Final Plat approval of the Resolution Subdivision No. 2 by Briggs Engineering, southeast corner of West Overland Road and South Locust Grove Road. Staff comments. Hawkins-Clark: Yes, Mayor, Members of the Council, this is the western most portion of the Resolution Business Park, the same subdivision that has Mountain View High School in it and the approved apartment complex and others on the south side of Overland at the corner of Locust Grove. The Council approved the Preliminary Plat back in June of 2000. They did receive approval of their Phase 1, which is about three- quarters of the project that goes to the half mile there. It's not the section of the corner Meridian City Council Meeting October 22, 2002 Page 9 of 29 rd that -- they received that approval on October 3 of 2000 and then they did get last year that one-year Time Extension for the corner of Locust Grove and Overland Road. My understanding is that there are some negotiations between Mr. Craig Groves, the developer of project, and ACHD on some right-of-way acquisition with Overland Road and other things that have been holding them up on submitting a final plat. We have no more details than that. At this point, they have simply asked for another one-year Time Extension on this portion that's involving a commercial zone. It's already zoned and in the city and they are just looking for a final plat extension request. Corrie: Okay. Any questions from staff? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I notice in the application, Brad, and I think you just said it as well, that they said that Phase 1 received a Time Extension of one year that was from October 2, 2001. That one's expired, so that one -- that process -- the work is already ongoing, so this is just the next phase over from it, is that -- did I understand that right? Hawkins-Clark: Yes, Councilman Nary. The approval of October 2, 2001 that they refer to I believe incorrectly stated Phase 1, because phase one already has been recorded. Nary: Oh. Okay. Okay. Hawkins-Clark: This is strictly Phase 2, which is -- Nary: If I look up there I get a headache, so I was looking at -- but I had it right. I understand. Thank you. Well, it looks a lot like one of my ties. Corrie: Any other comments? Okay. I'll entertain a motion on the request for one-year Time Extension. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approval the one-year Time Extension on the Preliminary and Final Plat approval for Resolution Subdivision No. 2 by Briggs Engineering, southeast corner of West Overland Road and South Locust Grove Road, which the one- year extension would be until October 22, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council Meeting October 22, 2002 Page 10 of 29 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Most is approved. MOTION CARRIED: ALL AYES Item 9. Public Hearing: MI 02-005 Request for change of Area of Impact by Mike Caven , Caven, Inc. for 36.94 acres located at the northeast corner of North Eagle Road and East Ustick Road: Corrie: Okay. Item Number 9 is a Public Hearing. This is a request for change of area of impact by Mike Craven, Craven, Inc., for 36.94 acres, located at the northeast corner of North Eagle Road and Ustick -- East Ustick Road. At this time I will open the Public Hearing and staff comments. Bird: We had a request from the applicant to place this application on hold as of October 7, 2002. Corrie: Okay. Bird: It's in our deal. I suppose what we would want to do, probably, is just continue the Public Hearing to a date -- what the letter says that now that the City Public Works Department informs us that the sewer will be extended to this area this winter, once the applicant makes its determination to continue or withdraw this application, I will contact you. We appreciate your cooperation in this matter. How can we continue a Public Hearing? To a certain date? I mean, you know, the sewer might be out there in January and it might be out there in May, it might be out there in June. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is there a need to continue the matter, then? All it requires is a notice. Bird: That's what I was thinking. Nary: So we don't need to do anything. Bird: We can close the Public Hearing. Nary: Right. Bird: And just continue it. Nary: Right. We don't need to continue it to a date certain -- if we don't continue it to a date certain, I guess we won't know when that is -- if we did continue it to a date certain, it would require us to re-notice up the hearing, if we were going to have a hearing, so -- Mr. Nichols is ready to -- Meridian City Council Meeting October 22, 2002 Page 11 of 29 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just as a historical reference, one of the main reasons that we have done the continuances to a date certain is, one, a cost issue, so that we don't have to pay for a new notice. Secondly, things don't drop off the face of the earth when the clerk has got them continued to a date certain. If we simply say we are going to schedule another meeting, sometimes things fall through the cracks and then there is just that pending application out there. So -- I mean historically that's why we have done it that way, those two reasons primarily. So -- and I think we have satisfied the requirement of the Statute by holding a hearing within 45 days after the Planning Commission recommended action on this application, so that part of it's okay by opening the hearing tonight. I don't know what -- perhaps if we continue it to a date in December and Mr. Caven can let us know if he still wants it on at some point or if he is looking for something additional, then we would know by the time of that hearing what to do with it. I know Ms. Bowcutt has been working with Mr. Caven and she's sitting in the audience, so she could certainly help us if need be. Nary: Mr. Mayor? Corrie: Mr. Nary. th Nary: Maybe we could continue it to December 30, which is the last meeting in December we were planning on having and if they give us a notice prior to that, then we can deal with it then, but -- Bird: Is that a motion? De Weerd: We are not meeting on that day. th Nary: I thought we were meeting on the 30? Bird: Yes, we are. stthst Corrie: We are meeting on the 31 -- we are not meeting on the 24 or the 31. th Nary: But we are going to meet on the 30. We can continue it to that date then -- Bird: Was that a motion? Nary: Yes. Bird: Second. Corrie: Okay. Motion has been made and seconded. However, let me ask is there anybody from the public that would like to issue testimony at this Public Hearing? Okay. th All right. Motion has been made to continue this until the 30 of December. Any further discussion? Okay. Roll call vote, Mr. Berg. Meridian City Council Meeting October 22, 2002 Page 12 of 29 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. We will continue this Public Hearing until December 30, 2002. Excuse me. MOTION CARRIED: ALL AYES Item 10. Public Hearing: AZ 02-016 Request for annexation and zoning of 42.72 Sundance Place Subdivision acres from RUT to R-8 zones for proposed byG.L. Voigt Development – east of North Meridian Road and north of East Ustick Road: Item 11. Public Hearing: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on 42.72 acres in a proposed R-8 zone for Sundance Place Subdivision proposed by G.L. Voigt Development: east of North Meridian Road and north of East Ustick Road: Corrie: Item Numbers 10 and 11, with Council's approval, we will open the Public Hearing on the request for annexation and zoning of 42.72 acres from an RUT to an R-8 zone for proposed Sundance Place Subdivision by G.L. Voigt Development, east of North Meridian Road and north of East Ustick Road. Also the Public Hearing request for Preliminary Plat approval of 144 building lots and five other lots on 42.72 acres in a proposed R-8 zone for proposed Sundance Place Subdivision by G.L. Voigt Development, east of North Meridian Road and north of East Ustick Road. Hearing no objections, I will open the Public Hearing on Item Numbers 10 and 11 and invite staff to comment first. Hawkins-Clark: Thank you, Mayor, Members of the Council. On Item Number 10, the request for annexation and zoning, the request is for an R-8 zone. The Planning and Zoning Commission did recommend approval of that zone request and you have received a recommendation from the Planning and Zoning Commission that has recommended conditions. The Sundance Subdivision -- this is Sundance Place Subdivision. Sundance Subdivision was approved to the south of this property with the same zone as a Planned Development. There are two existing parcels, as outlined on the screen, but the same applicant is the property owner of record for both and both have been requested in the legal description. I don't believe there is anything else on Item Number 10 related to the annexation and zoning. On Item Number 11, the Preliminary Plat, 144 building lots, and five other lots. A quick summary of the layout of the plan here. The single point of access into the subdivision is on North Meridian Road. The half-mile point in the section is here along the north boundary. The access point is here. The approved Cedar Springs Subdivision is immediately across on the west side of Meridian Road. They have an open space common lot here as you enter the subdivision. That is proposed to be a combination stormwater retention area and open space. There is a common lot that runs here between the two phases. This black line here is the proposed Phase 1 everything to the west of this line here is Phase 1. Phase 2 is this line here and Phase 3 is the furthest to the east. It is proposed to have three phases. The other main open space in the subdivision is located in this area at the south boundary. They were asked by the Planning and Zoning Commission to Meridian City Council Meeting October 22, 2002 Page 13 of 29 provide a micropath lot here in this location at the end of the cul-d-sac. This block here along the south edge does exceed the city's maximum 1,000 foot long block ordinance, so Planning and Zoning Commission's given -- the adjacent parcel here is probably a difficult one to redevelop. Rather than going with the street connection, they simply recommended a pedestrian/bike connection. You do have in your packets a letter from a Vernelda Meyer that -- regards a six-foot fence that apparently -- she is at this property here at the -- on the north boundary of this subdivision and her letter is regarding a fence that is -- apparently she has been in discussion with along the north and east boundaries. She's stated that she was -- she's concerned about having a consistent type of fence here. Our standard condition is that detailed fencing plans be submitted to us with final plat applications. We don't require detailed fencing at the Preliminary Plat, but certainly that would be something that City Council could discuss at this point. There are a couple of questions that staff -- we were unable to deal with the applicants on -- Ms. Bowcutt. There is -- Ada County Highway District, as you know, with this whole north Meridian area plan, has been talking about some different street width sections up in the north area. Meridian Road is actually a recommended three lane in the north Meridian area plan, not a five-lane arterial. Because of that three lane, ACHD has changed their condition from their standard 48 feet of right-of-way dedication to 35, so that will impact the common lot on the subdivision and their right-of-way dedication that's on Meridian Road. That would be something to -- request for Ms. Bowcutt to discuss. The plat does show 48 feet, so they are in excess of 13 feet on what they show for right of way. I think the final comment that I have on the recommendation that you received from the Planning and Zoning Commission, the City Council has, for most north Meridian area projects, been adding a special condition about complying with any future plan that comes out or agreements that come out of this joint Ada County Highway District, developer, City of Meridian working group. That standard condition is not in here, but the Highway District does have a Condition Number 14 on Page 5 of the recommendation that says if they establish an extraordinary impact fee for the north Meridian area, that they -- that this developer would be subject to that extraordinary impact fee. It includes somewhat of the condition that City Council has been placing on these north Meridian area subdivisions, but the wording is not the same. I can go into further detail on that if you'd like, but I just wanted to point that out, that that's not a recommendation at this time. I think that's all I have. Corrie: Okay. Thank you, Brad. Any comments, questions from Council? Bird: I have none. Corrie: Okay. Is the representative of the developer here this evening? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: I do. Corrie: Name and address, Becky. Meridian City Council Meeting October 22, 2002 Page 14 of 29 Bowcutt: Becky Bowcutt, 1100 East Valli-Hi, Eagle. I represent the applicant in this matter. Sorry, I've had a cold, so I'm a little raspy. As Brad indicated, this is a continuation of the Sundance project along Meridian Road. This is a -- kind of a narrow parcel that was owned by Mr. Bayless. It has one existing single family dwelling on the property and multiple outbuildings. There is a lot of other kind of junk things on the property that are currently being cleaned up at this time. It does have one single entrance to Meridian Road. However, it does intersect with the stub street along its south boundary to Sundance Place Subdivision that is Phase 1, so we would have that secondary means of access with our first phase of this project. As Brad indicated, it's a three-phase project. The lots in here range from about 6,500 up to 18,000 square feet. There are two centralized open space areas, which will be made usable for recreation and plus will have some storm drain retention. One of them is located right there in the center and the other is located between the two blocks -- as you can see there between those two phases. As Brad indicated, the only controversial thing that we have discussed was whether to stub a street to that property just south of that cul-d-sac or to provide a pedestrian pathway. It was determined by the Planning and Zoning Commission, since Sundance Subdivision stubbed a stub street on its west boundary and Heritage Commons has a stub street on the east boundary of that property, a third stub street could potentially hinder the development of that little parcel, because it's not very large. The interconnection chosen would be pedestrian. We came out of the end of that cul-d-sac and I revised the Preliminary Plat. That one there does not reflect it, but the one of record does reflect a pedestrian pathway coming out of the south end of that last cul-d-sac. The approximate density is about 3.37 dwelling units. These are all single-family dwellings. We stub to the adjoining properties and we have met all the requirements of ACHD. We are in agreement with all of staff's conditions. The only thing I think I requested is that in like your Development Agreement that you guys not get specific on the Settler's conditions of approval, because we've had that agency change their mind on us on a lot of projects, including Sundance for one. I just fear that if we have specific conditions applying to them and then they have made something contrary to what is in our development agreement, we have to come back before this body. I don't know, maybe the City Attorney could come up with some more general language that allows us some flexibility. Other than that, we are in full agreement. It's a great project and we think it will fit in well with our Sundance project. Corrie: Okay. Thank you. Any questions of Ms. Bowcutt? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: On those recommendations, Becky, in looking at them, there appears to be four. One of them says a license agreement needs to be timely recorded. That's probably not going to change, I wouldn't think. Bowcutt: No, sir and the applicant is in agreement. Nary: Okay and then an easement of 30 feet is needed, that's probably not going to change. Probably just the first one? Meridian City Council Meeting October 22, 2002 Page 15 of 29 Bowcutt: We've had them change easements widths on us. We had them increase and then reduce on a couple of the projects. Nary: One of them says access to manholes needed to operate and maintain the pipeline. That's probably -- I wouldn't think that would change. Bowcutt: Some of them want vehicular access, others they just want an easement provided. This one, my understand is, is just -- they want to preserve an easement in the event they had to go to one of those manholes, that they have the right on the plat. Nary: So if we were to just simply change the language in the findings to simply reflect that the applicant will comply with the requirements of Settler's Irrigation District, that's probably fine? Bowcutt: Yes, sir. Nary: Okay. Corrie: Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess, Becky, I'm shocked that you didn't talk to the property owner to the north. Bowcutt: Oh, I have talked with her. De Weerd: Okay. Bowcutt: I'm sorry. De Weerd: So you didn't disappoint me. You have talked to her about fencing? Bowcutt: Yes. Mr. Mayor, Councilwoman de Weerd, I did talk to Vernelda Meyer on the phone twice. She lives in the little square just there on our northwest boundary. She is not opposed to the project. She's stated that John Barnes has purchased the White property, which wraps around her north and east boundary, and she has talked with him and he indicated to her that he was going to install like a white six-foot vinyl fence. Her only request of us was that we coordinate with whatever fencing style he's using on her north and east boundary and match that along the south, so that her fencing is all the same. I talked to Mr. Voigt and he indicated that he would be glad to cooperate with Vernelda and I did call her back after you guys had received this letter, I did speak with her a second time, and told her -- passed that onto her. She said that was fine, she said she sent the letter I said great, it's in the record, so -- De Weerd: And what is the Preliminary Plat recorded date? What is the date on the Preliminary Plat, the new one? Meridian City Council Meeting October 22, 2002 Page 16 of 29 Bowcutt: Oh, the new one that I gave Brad -- Hawkins-Clark: I can answer that. It's October 9, 2002. Bowcutt: October 9, 2002. Yes. October 9, 2002. De Weerd: Okay. Thank you. Bowcutt: Thank you. Corrie: Anyone else? Thank you, Becky. Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, any questions on the Public Hearing docket? If not, I'll entertain a motion to close the Public Hearing on Item 10, annexation and zoning, and Item 11, Preliminary Plat for Sundance Place Subdivision. Hawkins-Clark: Excuse me, Mr. Mayor? Corrie: Yes. Hawkins-Clark: I'm sorry, I just think we need a clarification on -- we have got a 13-foot discrepancy on Meridian Road and it's going involve a modification to the plat. Corrie: Oh. Okay. Hawkins-Clark: And if you reference October 9, 2002, I'm assuming the applicant doesn't want to give up an extra 13 feet, they would want to incorporate that into their lots, so I'd just like some clarification on that. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So does that new plat reflect that 13 feet and what you're going to do with it? Oh, it doesn't so put extra landscaping in, is that what you're going to do? Okay. Corrie: Let the record show -- De Weerd: Let the record show that -- Corrie: -- that she's saying yes. She's shaking her head yes. Any other questions? Thank you, Brad. We still need to close the Public Hearing. De Weerd: I would move we close the Public Hearing on 10 and 11. Nary: Second. Meridian City Council Meeting October 22, 2002 Page 17 of 29 Corrie: Motion has been made and seconded to close the Public Hearing on Items 10 and 11. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Discussion? Hearing none, I will entertain a motion on the request for annexation and zoning on Item No. 10. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of AZ 02-016, request for annexation and zoning of 42.72 acres from RUT to an R-8 zone for the proposed Sundance Place Subdivision by G.L. Voigt Development, for Counsel to prepare Findings of Facts and Conclusions of Law and Decision of Order pursuant to that. McCandless: Second. Corrie: Okay. Motion has been made and seconded -- Nary: I'm sorry. I'm sorry. I guess I forgot to say incorporate all staff comments. Corrie: Thank you. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Corrie: Item Number 11, request for Preliminary Plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of PP 02-010, the request for Preliminary Plat approval of 144 building lots and five other lots on 42.72 acres in a proposed R-8 zone for the proposed Sundance Place Subdivision by G.L. Voigt Development. For counsel to prepare Findings of Facts and Conclusions of Law and Decision of Order, pursuant to all staff comments, the comments provided by the developer on this, pursuant to the plat -- the Preliminary Plat that was submitted dated October 9, 2002. That the remaining 13 feet -- I guess that's not particularized as to what it's platted for in this plat, but that would include additional landscaping. That the sections -- Section E, one through three, and other sections -- I guess also -- I guess just E, one through three, and make reference to Settler's Irrigation District, that the Findings of Facts would simply include that the applicant will comply with all requests of Settler's Irrigation Meridian City Council Meeting October 22, 2002 Page 18 of 29 District. I think, Number 4, the applicant was in agreement with that, and incorporate that rest of the staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded. De Weerd: Mr. Mayor? Corrie: Discussion, Mrs. de Weerd. De Weerd: Can we just specify the fencing on the northwest corner of -- I can't remember the owner. Mrs. Meyer -- Mrs. Meyer's property, as well to incorporate the language we have been using regarding the north Meridian planning? Nary: I would agree. Corrie: Second agree? Bird: Yes. Corrie: Okay. Any further discussion on the motion to be approved? Okay. Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. Excuse me. MOTION CARRIED: ALL AYES. Item 12.Public Hearing: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Bridgetower Crossing East Subdivision Planned Unit Development for by Primeland Development – northeast corner of North Ten Mile Road and West Ustick Road: Corrie: Item Number 12 is a Public Hearing. This is a request for Preliminary Plat approval of 439 building lots and 15 other lots on 209.01 acres in an R-4 Zone for a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development, northeast corner of North Ten Mile Road and West Ustick Road. At this time I will open the Public Hearing and staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, you are receiving now, I believe, nd the -- Ms. Bowcutt's October 22 response to the Planning and Zoning Commission's recommended conditions on this project. As you know, this project had an approved planned development shown on the screen for generally the whole western half of what's shown in the bold outline there. They have the commercial that is right at the northwest corner, they have the office lots that are shown along the east side of Ten Meridian City Council Meeting October 22, 2002 Page 19 of 29 Mile Road and then what you're seeing now is the second Preliminary Plat for this planned development. They have submitted a Preliminary Plat at this point in time, largely because there is a 12-acre elementary school site that's right there on the south side of the McMillan Road. The school district, when they initially came through the city, had expressed likelihood of wanting to possibly develop that elementary school site 2003, 2004 time frame and so in order to get the school on a recorded lot, we had asked them to commit at this time, so they did comply with that. The plat that's shown here is generally the same as what was shown on the planned development and what was approved on the planned development back in 2000. They do have six office lots that they are proposing here on North Linder Road. There is one point of access here on Linder and as they have in the other phases, generally they have these small neighborhoods or pods that are designed with one entrance into them. This is a residential collector, as classified by the Ada Highway District that comes through the project and does connect up with the other residential collectors that are a part of the Bridgetower Crossing here to the west. The school site, again, is here on McMillan Road. They do have a local street connection that is right adjacent to the school site that connects onto McMillan, so there would be access to this school site. Either through that, local or they would come down, go to Linder, and access the project that way. There are several proposed sites and here is a little bit more detail. Several proposed open space common lots in the subdivision. If you recall, there are two clubhouse areas in the project and one of those is here in this phase right next to the White Drain. They are proposing to relocate the White Drain. The Parks Department had initially expressed some interest in a pathway that would to be located in the easement generally along this White Drain open space lot, which goes from east to west here, kind of through the center of their project. The Planning and Zoning Commission recommendation does address that. One of the changes that the Planning and Zoning Commission made was to request one additional stub street, which is located here to the east, that is -- that is a change from the Planned Development, so that is just providing some additional interconnectivity, so they provided that. Let's see here. There are just a couple of points on the recommendation that I wanted to point out. On Page 4, Item Number 6, should be the applicant has agreed to extend the island on Los Flores Street at the entrance to Block 32, not Lot 32. The recommendation also includes some additional considerations that typically are intended for the Council's discussion, not necessarily actual conditions of the project. They did get into the recommendation this time. Number 2 deals with the phasing on this project and the applicant has asked to have some flexibility to work with the Planning and Zoning staff given the size and scope of this project. They wanted some flexibility to work on the phasing. They do have proposed phases listed on their Preliminary Plat. The Planning and Zoning Commission was comfortable giving staff the authority to authorize minor changes to the phasing, so that you're not having to see, you know, reiterated changes, even if they are small. That is somewhat of a change and we would need that stated as a condition, not an additional consideration, since that is different than the ordinance, because the ordinance does say they have to phase it precisely. Item Number 3 there on Page 5 deals with the street sections and I think Becky's response did address that, that they do have -- the Highway District has -- does allow reduced street sections to 33 feet for local streets, unless otherwise approved. That one I believe is okay. The main item that we had asked for and that the Planning and Zoning Commission had asked for was Item Number 5 on Page 6 and this Meridian City Council Meeting October 22, 2002 Page 20 of 29 deals with the Settler's Irrigation District and Settler's comments. There were several items that were still kind of up in the air and hanging out there when Planning and Zoning Commission had their hearing on easement widths and locations and I understand from Ms. Bowcutt that they had a meeting recently, so I'll let her address those. Those are our outstanding. We had asked for them to have a tentative agreement before this meeting tonight. We did not receive that. We would like to have a chance to review that, unless there is, you know, adequate information given tonight, but there is some concern that we won't have a chance to see if Settler's has some substantial changes. It could impact the plat, so -- I think the last thing that -- the English’s, which -- I will just go back up here to the first slide -- reside on the east side of Linder Road. I believe it's either this parcel or this parcel and they had submitted a letter to the public record and the Planning and Zoning Commission did ask the applicant to work with them on waste -- irrigation wastewater and they had some concerns about how that was going to be handled, since their ditch does cross under Linder and into this project. I haven't seen anything that there have been any dealings with the English’s on clearing up their concerns that were expressed at the Commission, so -- that's it for now. Corrie: Okay. Thank you, Brad. Any questions of Brad? Okay. Is the developer's representative here tonight? Name and address, please. Bowcutt: Becky Bowcutt, 1100 East Valli-Hi, Eagle. As Brad indicated, we are here this evening before you with this Preliminary Plat, based on the condition of approval you guys placed upon the original PUD and annexation request on the project that we bring in and submit Preliminary Plat on the remainder by the end of June of this year, in order to facilitate the plating of that elementary school site. Brad indicated that we show our phasing plan and in our first phase we show the first loop on the southwest and then we will take the collector on up and incorporate the school lot, so that school lot is in the first phase of this Preliminary Plat. We have been working with Wendell Bigham at the school district on making sure that the availability of this site coincides with their needs and when they budget their money for construction of this school. I guess the only changes that are on this drawing that differ from what you saw originally, we relocated the entrance along Linder Road south about approximately 25 to 30 feet. That was at the request of the English’s, so that the lights on the outbound lane would not shine into their windows. I did meet with the English’s prior to the Planning and Zoning Commission meeting last month. We had their home located by aerial photo on our drawing and they were very satisfied with the entrance location. The outbound lane would send its lights into a bunch of trees and shrubs between the two properties and so they were satisfied with that. The only thing that was of concern of theirs was that their waste ditch, which exits their property and goes in a westerly fashion through us and then goes up north and dumps into the Settler's main canal, that we make sure that we pipe that and provide the necessary easements for that facility. I assured them that we would cooperate with them in this matter. Obviously, they are not here this evening. I think we put to rest most of their concerns and we have been working well with the English’s. The only other item I think that was of importance to the Commission was we add another stub street along the eastern boundary. We had a pretty large loop and the Planning and Zoning Commission thought that there should be some second means of access in the future out of that on the eastern boundary. We added that stub street. I Meridian City Council Meeting October 22, 2002 Page 21 of 29 did notify the engineer for -- that owns the property and they are working on their plan at this time, that we have added that we provided them copies of that stub street location. Other than that, the plan is basically almost identical to what we brought before you as a Planned Unit Development, which you approved and annexed here a few months ago. We are proceeding forward now. We are on -- our third phase is under construction along Ten Mile Road and we just submitted our fourth phase of the project to the Planning and Public Works Department, which we will make an interconnection between the collector at Ten Mile and the collector at Ustick, so we will bring on our secondary means of access. Lastly, one item that has been a thorn in our side has been the Settler's Irrigation District and the White Drain. We had two meetings with Settler's since the Planning and Zoning Commission meeting. After the meeting today I think we finally have come to some agreement. We have bounced back and forth between piping and leaving the facility open. We, as you well know, always ask to leave it open and make it an amenity and install a pathway along it. They came back and said they wanted it piped, then they came back and said they wanted it open, but they wouldn't let us put a pathway, now the notes from today's meeting they will allow us to put a 12 foot paved pathway along the White Drain. They will allow us to go a four-to-one slope on both sides, so that it does meet ditch safety standards. They do want the city to enter into some type of an agreement very similar to what you guys entered into with Nampa-Meridian on the issue of liability, since this would be a public path. Your staff has always talked about incorporating this pathway into your pathway network and then have an official public pathway and not just for this development. I think we have put to rest a lot of the problem issues that have plagued us for a year and after multiple meetings. Light maintenance of that drain area will be the responsibility of the association, that would be picking up trash, doing mowing, weeding, anything that needs to be done as far as manicuring and the esthetics of it. The heavy maintenance will be the responsibility of the irrigation district. They anticipate no often than three to five years would they need to go in and do any cleaning of the drain due to siltation build up over the next few years. We are providing a 12-foot pathway we will also provide vehicular access for the district to access that drain. We did discussion with them the Settler's canal. One concern your staff had was they asked for vehicular access along both sides of the Settler's canal and then fencing on both sides, which esthetically would not be pleasing. We indicated that city staff was just adamantly opposed to that. Nathan indicated to me that he would work with us, that he understands that our position is we have got to have something that looks good, since it is running along an arterial and not through a development. We have made a lot of headway with them. I feel comfortable that we are going to get these issues resolved like as far as the double roads and stuff. I just don't think that -- they have been asking for the moon and then they come back and kind of change their position and that's why I just need some flexibility. Anytime you guys pin me down to their specific comments in their first letter, those comments just seem to be changing. The letter that was handed out to you, I'll just quickly go through that, so we can get out of here. We have provided the stub street, so there is no need for a stub street between Lot 20 and 23, Block 18. The Planning and Zoning Commission and staff were satisfied with the one between 31 and 33, Block 26. As far as Ada County Highway District, they are allowing us the option to go from a 36 foot back to back as the improved roadway in our local streets to a 33. The only conflict I have with that is the Fire Department comment that 34 feet is required in order to have parking on both sides. I think we talked about this on another Meridian City Council Meeting October 22, 2002 Page 22 of 29 project and the Council decided that since the ACHD standard was 33, that that should be set at 33. I would like the Council to instruct the staff to, obviously, help me facilitate getting this agreement between Settler's and the city on the pathway. I guess work with probably planning staff, your Parks Department, and your City Attorney. We would be glad to come up with the first draft, modeling it, obviously, after the Nampa-Meridian agreement or if you want your staff to do that, whatever works best for the city, but we will help you and get that done. I think that's it. Do you have any questions? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Ms. Bowcutt, with regard to License Agreement and the Settler's Irrigation District, is the homeowners association going to do maintenance along the pathway? We have a Five Mile pathway that's a city facility, as part of the city's park system and we have a License Agreement with Nampa-Meridian that ties into the Master Pathway Agreement. We also have some of these pathways that Nampa-Meridian would like us to treat as being under the Master Pathway Agreement, because they want to have one entity to call. If they want to shut down a pathway to do maintenance and that sort of thing, and that's a little different issue than who is cutting the grass, picking up the trash, those kinds of things on the pathway itself. I'm not sure whether this is intended to be a city facility or it's open within your development and if, in fact, it's still going to be owned by the homeowners association, if the applicant and the association willing to indemnify the city back if the city has a License Agreement with Settler's. That's one of the issues that we have been looking at is if we have -- we get tied into a piece of property that the city may have included in its requirements on the issues of approval, but didn't say the city was going to own it and maintain it. The Irrigation District wants the city to be tied in through a Pathway Agreement with the homeowners association, then, in effect, you agree to indemnify the city back, so the city isn't just hanging out there on a piece property that they really don't have any control over. That's one of the issues we have been struggling with, but we haven't really got to and it may take the next parks director to get some resolution on that, but that's one of the issues, because if the homeowners association is going to indemnify the city on that and include that in their liability insurance, just like the city includes its pathway stuff in its liability insurance, then I think we are okay, but I'm -- and this is springing it on you, I know. Bowcutt: Mr. Mayor. Mr. Nichols, to answer your question, we did discuss the pathway itself. I believe in the original Planned Development Application when this pathway was suggested, the Planning Department and the Parks Department at that time recommended that this be a public pathway, that we provide an easement to the City of Meridian for this pathway, which would have to be, obviously, recorded prior to the recording of the plat. It will be referenced as a separate instrument number, so that it is an easement and not a dedication that you own in fee simple. The Settler's Irrigation District is under the belief that this will be a public path, not just for the association, it is their belief that the city will enter into an agreement to indemnify them and that the city will maintain the path itself. As far as the light maintenance of the manicured landscaping and that would fall under the responsibility of the association. Now how we bring all this together and how the liability of the association intermingles, you know, Meridian City Council Meeting October 22, 2002 Page 23 of 29 with the city, I don't know. I'm not an insurance agent. I don't know how that works. That may be a question for Mr. Varielle. This will be a public path as part of your network on the maps is that not correct, Brad? Was that not your recommendation originally? You wrote the first -- Hawkins-Clark: It was our recommendation for it to be within an easement correct. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just to understand that, then, it was our requirement to put it in an easement. The Settler's would like to have some kind of an agreement like we have with Nampa-Meridian, so we -- the city would carry the liability, who would maintain it? Bowcutt: The pathway? De Weerd: Yes. Bowcutt: Settler's believes that the city will maintain the asphalt, if it is a city facility. We will, obviously, have to install it, to construct it at our expense. De Weerd: And you mentioned that you would, though, maintain the ditch area and that sort of thing around it? Bowcutt: Yes. Yes. The city would not be responsible for any of the landscaping maintenance. De Weerd: Just the asphalt. Bowcutt: Just the asphalt and the easement would just cover that 12-foot asphalt, so that would be the confines of the city responsibility. De Weerd: I did have another question, Mr. Mayor. For the school, I see in the section just to the west you do have a pedestrian access into the school site. Do you have something to the east? Bowcutt: Yes. It comes out of the south end of the park. If you go to the southwest corner of that pod, it comes right out of that corner. There you go. De Weerd: Okay. Bowcutt: Right there by the pie-shaped lot to give the kids a shortcut. De Weerd: How about that section just below that? Bowcutt: That section to the south right there, there is a pedestrian path that comes out of the back side of that cul-d-sac and that's a common lot, so it would come right to the corner. Yes. The kids would come right out of there and then go due north to the Meridian City Council Meeting October 22, 2002 Page 24 of 29 school. We have got ped paths coming out of every pod, just about to -- if there is any way to make a shortcut for the kids to get to the school. De Weerd: That's great and I see you have given good visibility into that site, which is appreciated. Bowcutt: Thank you. For the record, the version that was sent to the staff is October 11, 2002. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony at this time? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Watson: Yes. Corrie: Name and address, please, for the record. Watson: My name is Warren Watson. I live on the corner of Linder and Ustick Road. I don't have any objection to their -- I guess some of that property, but I see that they are going to put in 439 lots, houses, which means that most of the people has two cars, that's a little over 800 cars that's going to eventually come to the corner of Linder and Ustick Road. I'm dying of carbon monoxide gas now and you add another 800 to that, even though she might say there are going to go out to McMillan, they are going to come to Meridian, that's where all of the shopping is done in Meridian, you don't go down to the Boise River to do your shopping. I would just encourage as to what they are going to do about all the extra traffic. Maybe they don't -- may I address her? Can I ask her? Have you taken in consideration these extra cars? Can we do what -- Corrie: Okay. What we will do is you ask her the question, we'll write it down, and then she gets a chance to answer you. Watson: Oh. Okay. Corrie: Makes it easier to understand for the stenographer. Anything else that you wanted to ask questions on? Watson: I was just curious about what they are going to do with the traffic. Corrie: Okay. Watson: And I know it really isn’t their problem, it belongs to the Highway District. That corner that I have got there is so dangerous that you wouldn't believe it, but, anyway, that's all I have got to gripe about. Corrie: Okay, Warren. We will get some answers here for you. Becky. Anyone else from the public like to testify? Becky. Meridian City Council Meeting October 22, 2002 Page 25 of 29 Bowcutt: On the issue of traffic, what we currently have done, we have built a center turn lane along the frontage we have on Ustick Road. Ada County Highway District came in shortly thereafter and did an overlay to improve that section of roadway. Along Ten Mile Road we rebuilt a portion of the road the full -- a full section of it, in the southern portion, and then we worked with Ada County Highway District, got that on the overlay list, because it was not on the list, and they had no intentions of placing it on the list. We convinced them that when we were going in and doing our sewer and water extension, that we would be rebuilding a portion of it and adding some center turn lanes and that they could piggyback on our project by utilizing our paving contractor simultaneously. They liked that idea. They allocated some money very quickly for that and we got Ten Mile Road rebuilt and overlaid and re-striped and it's looking real good. On the intersections, as Warren indicated, that's an issue. Most of the intersections out in these areas are four-way stops. Ada County Highway District has told me that as far as capacity is concerned, if they can improve these intersections it will improve the capacity out in this north Meridian area substantially. That's where they believe they are going to try to concentrate a lot of these dollars. We will be generating a substantial amount of Highway District impact fee dollars. We have been paying those fees every time a building permit been pulled on the first few phases and they tell us that they are going to allocate that money to these intersections. All the developers have agreed in this area that they would not get reimbursed for the right-of-way dedication until later on, until some monies are put in those coffers. Then that allows the Highway District to build money up and make some improvements right off the get go versus writing a check for the right-of-way acquisition right off the bat. We are working with the district to try to accelerate as quickly as possible the improvements in these areas. I think one of the things that the north Meridian plan was looking at is is how to move these intersections up on the schedule. When I talked to ACHD the other day, they told me they got, I believe, over 100 intersections on their improvement list and so we have got to make sure that we are a priority out in this area and that all those new signals don't go to Boise. This is going to be one of the fastest growing areas and I don't think you're going to find that the development community is going to sit aside and just let them pass us by. We will be in there pitching for it and some of the developers have even been trust funding for those lights, to make sure that they get in. Everybody is doing their part and I feel that that's the best we can do. I can't solve all of the transportation problems, but we can try to help. Corrie: Maybe we might get the transportation task force to make some changes maybe in a couple three years to cover the lights at those intersections as well. Bowcutt: That would be great. Any help you can give us would be appreciated. Thank you. Corrie: Any other questions? Bird: I have none, Mayor. Corrie: Okay. That being the case and there is nobody out in the public to issue testimony, any questions in the Public Hearing? Okay. Meridian City Council Meeting October 22, 2002 Page 26 of 29 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess Becky raised a comment by the Fire Department asking for 34 feet, rather than 33 feet. Kenny, do you want to comment on that? Bowers: Mayor Corrie, City Council Members, Tammy, we don't have a problem with the 33. Joe and Dave from Planning and Zoning talked about it. I'm not quite sure where Joe came up with the 34. He doesn’t either, I don't think. Thirty-three is okay with us, so -- Corrie: Let the record show that it might be a new one if it's 33. Okay. Thank you. Any other questions? Okay. Hearing none, I'll entertain a motion to close the Public Hearing on Item Number PP 02-014, Public Hearing, request for Preliminary Plat. Bird: So moved. Nary: Second. Corrie: Motion has been made and seconded. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on Bridgetower Crossing East Subdivision request for Preliminary Plat? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve PP 02-014, the request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development, northeast corner of North Ten Mile Road and West Ustick Road. To incorporate staff and applicant's comments and also to allow staff to work with the applicant on phasing of the job -- phasing of the project and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Mr. Nary. De Weerd: Mr. Mayor? Nary: Would that include the more general language in regard to the Settler's Irrigation? Meridian City Council Meeting October 22, 2002 Page 27 of 29 Bird: Yes. Yes. Corrie: Mrs. de Weerd. De Weerd: I just -- just to make the additional considerations part of the findings, as not additional consideration, and also add that pipe the easement irrigation ditch -- or waste ditch to the English’s. Bird: From the English's property across -- yes, that was part of the applicant's testimony. That would be -- De Weerd: Oh, so you're just including all testimony? Bird: Yes. De Weerd: That will be fun for the attorney to interpret. Bird: He's got it already wrote down. De Weerd: Just one more change, is to note on page four that it's Block 32, not Lot 32. Bird: Yes. That's part of it. De Weerd: Okay. Corrie: All right. Any further discussion? Okay. Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 13. Water, Sewer and Trash Delinquencies : Corrie: Item Number 13, the last one on the agenda, is water and sewer and trash delinquencies. This is to inform you in writing if you so choose that you have the right to a predetermined hearing at 7:30 P.M., Tuesday, October 22, 2002, before the Mayor and City Council to appear in person to be judged on the facts and defend a claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel and this service will be discontinued on October 23, 2002, and/or October 30, 2002, unless payment is received in full. Is there anyone present that wishes to contest his or her water, sewer or trash delinquency? You are hereby informed that you may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal, your water will be shut off. The amount of the shut off list is $23,545.52. Bird: Mr. Mayor? Meridian City Council Meeting October 22, 2002 Page 28 of 29 Corrie: Mr. Bird. Bird: I want to make a motion to approve this, but this is what I was talking about in the delinquencies. Today is October 22nd. We have got on this bill June 30, 2002, delinquencies and we have been a bank -- and I realize you can't make much money on your -- not much interest on your money anymore. This is what I was trying to get across is why -- you know, we are talking about 75 days delinquent or -- I said 90 days, but this just proves it out. This is happening every month that we are going back, you know, four months, 120 days. I'm on all of it. Just go look. Corrie: I was just looking for the -- Bird: Just look up at the top and look at June 30, 2002 and come down and see how many is still listed there. I think the Council has got to take a look at the ordinance. I understand the staff is under the ordinance and they can't do anything about that. I'm certainly not getting on the staff about this. I think we need to go look at a company, how they do their billing and stuff, that makes their living making a profit off of this, like Boise Water, who does 37,000 invoices a month, to our 14. Maybe they have the same problem, but I'd sure like to find out. Corrie: We could have them come to a Pre-Council and -- Bird: I would love to have Greg White come there and I would be glad to invite him. Corrie: Okay. I think that's a good idea, if we could find out. Any other discussion? Gary, any comments that you want to make now or -- Bird: I'm not getting on the -- Smith: Mr. Mayor and Council, I'll get some answers for you. I know we have had this discussion before, I just don't remember what the results of the discussion were. I don't know why, but I will find out and I will get a report put together for you and -- I don't want to see these things on here either. I don't know why they are here or why they are so old. Bird: Now that I have made my soapbox speech. Corrie: Well, okay, I -- Bird: Go ahead, Mayor. Corrie: No. I'm just saying there is one here on the -- I won't name the name, but th 259.29 the first of -- January the 15 and they still owe it, but they have, evidently, turned the water off. The last they paid is 25. I don't know the circumstances either, but maybe we can find out. Okay. Thank you, Keith. Bird: Mr. Mayor? Meridian City Council Meeting October 22, 2002 Page 29 of 29 Corrie: Mr. Bird. Bird: I would move that we approve the delinquency cut off list scheduled for October 23, 2002 or October 30, 2002, in the amount of $23,545.52. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the delinquency turn off schedule for October 23, 2002 and October 30, 2002. Any further discussion? All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: That is the end of the agenda. I will entertain a motion to close the hearing. Bird: So moved. De Weerd: Second. Corrie: Motion has been made and seconded to close the hearing on today's agenda. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Close at 8:30. MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK