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HomeMy WebLinkAbout2002 10-01 Meridian City Council Meeting October 1, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, October 1, 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, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: Roll call. __X Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird __X Mayor Robert Corrie Corrie: I want to welcome everybody here this evening. At this time I will open the st Meridian City Council Regular Meeting for Tuesday, October the 1, 2002, at 7:05 P.M. The first item of business is the roll call attendance by the City Clerk. Mr. Berg, if you will do that, please. Item 2. Adoption of the Agenda: Corrie: Okay. The second on our agenda is the adoption of the agenda. Is there any additions or corrections to the adoption of the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the adoption of the agenda as published. McCandless: Second. Corrie: Motion has been made and seconded to approve the adoption of the agenda as published. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3: Promotion Ceremony for Meridian Police Department Corporals by Chief Worley: Meridian City Council Meeting October 1, 2002 Page 2 of 20 Corrie: At this time we will have the promotion ceremony for the Meridian Police Department corporals by Chief Worley. Chief. Worley: Thank you, Mr. Mayor and Council. If I could have the six promotees come forward. I'd like to thank all of the supporters that came tonight to witness this. This is a significant event for not only these six men, but for the Meridian Police Department. It represents another milestone in our continued development. I would like to acknowledge one special guest who has contributed a great deal to this city in the past. In the audience is the former chief of police of Meridian Doug Nichols, who was the chief from 1980 to 1985. Doug, if you could stand up a minute. Thank you for coming. The corporal rank is a new rank that we are just instituting. It falls just below sergeant, who is the first line supervisor and the corporal rank will afford two opportunities. One, it provides us a specifically designated assistant supervisor for helping to manage each patrol team and to also a specifically designated individual to act as a patrol supervisor when a particular sergeant is gone. Secondly, it also affords an opportunity for these individuals to develop their skills as supervisors, so that they may move on up in the department and one day take increasing responsibility and charge of the department. We appreciate their efforts, their interest in stepping forward. We did have ten officers who tested for this position. It was a competitive test, an assessment center where they actually have to perform in simulated situations that they may face as supervisors and these six before you were the top candidates in that area. I'd like to introduce them. If they can step forward just a minute. Corporal Stacy Arnold. Stacy grew up in the Boise area and graduated from Capital High School in 1987. He served two years in the U.S. Army and then joined the Emmett Police Department in 1995. He served there until December of 2000, when he joined the Meridian Police Department. Stacy is a firearms instructor, a field-training officer, and also teaches arrest techniques and handgun retention. Stacy, if you would like to introduce the people who are here to support you. Arnold: I'd like to introduce Sandy Coral. Worley: Thank you for coming. Corporal Jake Nichols. Jake graduated from Meridian High School in 1991, joined the Meridian Police Reserve in 1995, and went full time in December of 1996. He's a field-training officer, an emergency vehicle operations instructor, and currently handles one of the department's K-9 units. He has been married to Laura for nine years. They have two children, Wyatt and Abby, and they are expecting their third in November. He enjoys hunting and backpacking and Jake also serves as the president of the Treasure Valley Hope for Chernobyl's Children Organization. He is also former Chief Doug Nichols' son. Nichols: I'd like to introduce my wife Laura, my son Wyatt, my daughter Abby and also my mother and father-in-law Joanne and Bruce Rieman. Then, of course, my father Doug Nichols. Worley: Corporal Matt Parsons. Matt moved from Oregon to Idaho in 1985. He graduated from Mountain Home High School in 1989, was a reserve officer for the Meridian City Council Meeting October 1, 2002 Page 3 of 20 Mountain Home Police Department, and in 1991 was hired as a police officer in Glenn’s Ferry. In 1994, Matt was made the Chief of Police of Glenn’s Ferry and if I could step aside here. Another unique factor which is -- I think speaks well of the Meridian Police Department, we currently have five former police chiefs, who have been chiefs of smaller departments, who are now working for the Meridian Police Department and Matt is one of those. I think that speaks very well that we can have that level of expertise come to work here. Matt joined the Meridian Police Department in 1998. He is a graduate of the FBI Executive Command College and Northwestern University School of Police Staff and Command. Holds management and intermediate POST Certificates and he's also a certified EMT. He is married and the father of two, Christopher and Katlyn, and he enjoys camping, fishing for sturgeon, and playing paint ball with his son. Parsons: Unfortunately, my family couldn't make it tonight so the only family I have here is these guys right up here. Worley: Okay. Thank you. Corporal Jeff Pippin. Jeff has been an Idaho resident since 1976. Graduated from Meridian High School in 1981 and attended Boise State. He also attended Bellevue Community College in Seattle, where he met his wife Leslie, and he also received an associate degree in pre-med. He moved to the Dallas area and pursued a Criminal Justice Degree, graduating from North Texas Police Academy in 1992 with honors and as the class president. He was employed by the Maypearl and Lewisville Police Departments, which are in the Dallas area, before returning to Meridian in 1998. He has worked in Meridian as a detective, a crime scene investigator, on bicycle patrol, and as a field-training officer. He has been married for 14 years and has two children, Heather and Jessica. Pippin: I'd like to introduce my wife Leslie, my daughters, the oldest one Heather and my youngest Jessica, my mom Doris Blakely and my grandmother Robbie Blakely that are able to be here and I appreciate their support. Worley: Corporal Myron Severson. Myron graduated from Nampa High School and attended NNC and Boise State. He then owned a Baskin Robbins franchise for a period of time and joined the Marine Corps in 1986 and was called to Desert Storm in 1991. He has been in the Marine Corps reserve for 16 years and currently holds the rank of chief warrant office three. He was employed by the Caldwell Police Department in 1992 and promoted to the rank of corporal there in 1997. In 2000 -- April of 2000 he came to the Meridian Police Department and has worked patrol since that time. Severson: I'd like to introduce my wife Crystal and my two little girls Kala and Kelsie and my wife and mother, too. Worley: Corporal Eric Strolberg. Eric grew up in the Twin Falls and Pocatello areas and came to Meridian in 1997, graduated from Meridian High School in 1989. He served in the U.S. Coast Guard from 1999 to 1993 and holds an associate's degree in criminal justice administration from Boise State. He began as a Meridian police reserve in 1994 and came on full time in '95. He is a field training officer, firearms, and use of Meridian City Council Meeting October 1, 2002 Page 4 of 20 force instructor and he also teaches these subjects at the Police Officers and Standards Training Academy. He's been a member of the Governor's Hand Pistol Competition since 1997. His wife Shelly is a detective with the Ada County Sheriff's Office and they have two children, McKenna and Carly. In his off time, he enjoys competitive shooting, hunting, fishing, camping, and spending time with his family. Strolberg: I'd like to introduce my father -- my wife Shelly, my mother Juanita, my youngest one Carly, my sister, who just happened to make it up from Pocatello today, and my oldest McKenna in the back. Thank you for your support. Worley: And thank you all for coming. Mayor Corrie, if I could have you come down and administer the oath. Corrie: Thank you, Chief. It's certainly an honor and a pleasure to give the official oath of office to this fine group of young men here tonight. (Oath given.) Corrie: Congratulations, guys. Worley: Thank you, Mayor. There are a lot of memories in an event like this, but we like to create a memory that the officer can carry with him every day and that is the first time the badge is officially pinned on. Each of the officers here has selected someone to do that first badge pinning and if those folks would come forward and pin on the badge. Mr. Mayor, Members of the Council, citizens of Meridian, I'd like to present the newest members of the Meridian Police Department supervisory team, Corporal Eric Strolberg, Corporal Myron Severson, Corporal Jeff Pippin, Corporal Matt Parsons, Corporal Jake Nichols, and Corporal Stacy Arnold. Item 4. Consent Agenda: A. September 10, 2002 Approve minutes from Pre-Council Meeting: B. September 17, 2002 Approve minutes from City Council Regular Meeting: C. Findings of Fact and Conclusions of Law: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R- Fairview Lakes 40 zones for proposed by Hopkins Financial Services, Inc. – 824 East Fairview Avenue: D. Findings of Fact and Conclusions of Law: CUP 02-014 Request for a Conditional Use Permit for a Planned Unit Development for a commercial building site in a proposed C-G zone and a 192 unit residential apartment complex in a proposed Meridian City Council Meeting October 1, 2002 Page 5 of 20 Fairview Lakes R-40 zone for the proposed by Hopkins Financial Services, Inc. – 824 East Fairview Avenue: E. Findings of Fact and Conclusions of Law: CUP 02-019 Request for Conditional Use Permit for an office and shop for Bobby’s transmission service and repair in a C-G zone for Transmission by Treasure Valley Engineers – south of 835 East Fairview Avenue: F. Findings of Fact and Conclusions of Law: VAR 02-014 Request for a Variance to permit splitting off a 12-acre parcel in the southeast corner of a 40-acre parcel of ground in an I-L zone for Ronald Van Auker located at 2170 West Franklin Road: G. Resolution No. : Approving Fee Increase for Meridian Parks and Recreation Department for Adult Fall Sports programs: H. Meridian Settlers Park Change Order No. 6 – American Paving for $8568.00: I. Approve Beer License Application for Primo’s located at 3909 East Fairview Avenue, Suite 150: J. Blood Draw Agreement with Ada County for Blood Draw Services for Evidentiary Purposes: K. Ashford Greens Subdivision No. 6 Streetlight Agreement – Brighton Corporation: L. Sewer Service Reimbursement Agreement, White Drain Sewer Trunk Project – Brighton Corporation, Heritage Commons Subdivision (Quenzer Commons): M. Award of Construction Contract, South Slough Water and Sewer Project: N. Agreement for Professional Services, Well No. 24 Pumping Facilities – Civil Survey Consultants: O. Addendum to Professional Services Agreement, Well No. 23 Pumping Facilities – Civil Survey Consultants: P. Approve Bills: Meridian City Council Meeting October 1, 2002 Page 6 of 20 Corrie: Okay. Council, we will continue with the regular meeting tonight, have the Item Number 4, the Consent Agenda and Item G, the Resolution Number is 02-392 for your filling in. The Council and the Counselor - Counsel, Police Department, have reviewed the Draw Agreement and they find it satisfactory, the same as it was before. Any other questions that you might have? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: No questions? I would move that we approve the Consent Agenda as published and to have the Mayor sign and the Clerk to attest and all proper papers as needed. McCandless: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda. Is there any further discussion? Hearing none, we have the roll-call vote, please, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 5. Department Reports: A. Mayor Corrie: 1. Appointment to Planning and Zoning Commission: 2. Appointments to Parks and Recreation Commission: 3. Appointment to Meridian Development Corporation: Corrie: Item Number 5 is department reports. At this time, I do have some appointments to give to the Council for their approval. For the appointment to the Planning and Zoning Commission, I talked with each one of the candidates and also Keith Borup, who is the head of the Planning and Zoning Commission, and we have come up with the agreed person. The appointment is Michael Roam. You all have the resume of Mr. Roam with you. Do you have any questions? Okay. I think we will take these one at a time, so if anybody has no objections, I will entertain a motion to either approve or disapprove of the recommendation of Michael Roam. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting October 1, 2002 Page 7 of 20 Bird: I move that we approve Michael Roam for the Planning and Zoning Commission. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the appointment of Michael Roam for the Planning and Zoning Commission seat. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion is carried. MOTION CARRIED: ALL AYES Corrie: For the Parks and Recreation appointments, I have two people that I would like to reappoint to that commission. It is Greg Steele and Debbie Watkins. Their terms are up this year and they would like to be reappointed. I talked with them and I concur with that. The new appointment for the Parks and Rec Division is Ryan Riley and Shaun Wardle. And you have those resumes in front of you as well. So if there are any questions on those two appointments? Oh, excuse me. Those four. Bird: Do you want to do them as a group? Corrie: We can do them as a group if you'd like or you can do it -- it would probably be easiest, unless you have any objection. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we reconfirm Craig Steele and Debbie Watkins and appoint Ryan Riley and Shaun Wardle to the Parks and Recreation Commission. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Berg: Mr. Mayor, I do have a question for you. Corrie: Yes. Berg: As to what seat, which ones they are replacing, so we can make sure we keep them in order. Corrie: I will give you that. I don't have it with me, I'm sorry, but I have it in my office, so I will give it to you in the morning. Berg: Keep the line going. Meridian City Council Meeting October 1, 2002 Page 8 of 20 Corrie: And I have got all of that. Okay. I will make that available to you. Okay any further discussion? All those in favor of the reappointments say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. Corrie: The last, but definitely not least, is the appointment to the Meridian Development Corporation. We have two seats available. One has said that he would like to go off it. I don't have a replacement for them yet, but I do have the one other seat, Seat Number 6, Mr. Keith Bird has agreed to be reappointed to that Meridian Development Corporation, which is a very important seat with us in the City of Meridian. That will be for a three-year term, which will expire in 2005. Are there any questions on that? Hearing none, I will entertain a motion, then, to either accept -- actually to accept -- and I will ask Mr. Bird not to -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I would move to accept the reappointment of Councilman Bird to the Meridian Development Corporation for the term of three years. McCandless: Second. Corrie: Okay. Motion has been made and seconded to appoint Keith Bird for the term of the Meridian Development Corporation, a term of three years. Any further discussion? Hearing none, all those in favor say aye? All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSTAINED Corrie: Thank you, Council. I will be getting to you one more time for the other seat as soon as we can make arrangements for that. There is one more seat available. Item 6. (Items Moved from Consent Agenda) Corrie: Item Number 6 is items moved from the Consent Agenda. There were none. Item 7. FP 02-020 Request for Final Plat approval of 73 building lots and 4 other Sundance Subdivision No. 2 lots on 21.59 acres in an R-8 zone for by Briggs Engineering – northeast corner of North Meridian Road and East Ustick Road: Corrie: So Item Number 7 is the FP 02-020, request for Final Plat approval of 73 building lots and 4 other lots on 21.59 acres in the R-8 zone for Sundance Subdivision No. 2 by Briggs Engineering, northeast corner of North Meridian Road and East Ustick Meridian City Council Meeting October 1, 2002 Page 9 of 20 Road. At this time, I would like to have staff comments for the requested Final Plat approval. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. First of all, apologies. Apparently we have a loose cable up in our ceiling, so unless you'd like me to climb up there and wiggle it to see if we can get a screen tonight. Corrie: Would you do that? Bird: So moved. Corrie: We will get a rickety ladder, too. No. Go right ahead. Hawkins-Clark: My apologies, I don't -- apparently, it was working a couple days ago, so we will have to get that fixed. We will go back to pre-2000 format of City Council hearings. This is Item Number 7, Sundance Subdivision No. 2. The Council has before rd you a September 23 memo from Dave McKinnon and Bruce Freckleton that has the staff recommended conditions. There are -- that is the second phase of a multi-phased subdivision. The project does have a Planned Developmental associated with it. The only change I think -- we have received comments back from Becky Bowcutt, who is representing the applicant, and they have stated -- she has stated in her memo dated th September 29, that they are in agreement with all of the staff's recommended conditions. I think the only change addressing our additional consideration on Page 2 of our report the Planned Development was approved with a basketball court lot and a gazebo as their amenities. That's in a private park that's located more or less in the central area of the subdivision. They have approached staff and proposed a modification to that amenity feature of their subdivision. They are now proposing a pool with a children's play area and a few off-street parking stalls that would be accessed off of the local street that's interior to the subdivision. There is also a small community clubhouse area with a restroom and a mechanical room. Staff has reviewed that. We are simply asking that they submit a certificate -- for a Certificate of Zoning Compliance, we have a chance to review all the details on that new parking lot and the layout of the pool and that it has fencing and things like that. I think the only other issue that was addressed was there is a 20-foot wide sewer easement that cuts through the center of their common lot. Typically, the Public Works Department requires a minimum 14-foot wide access road over those sewer easements. In this case there is no manhole actually within the common lot. Bruce Freckleton did review that and said that as long as they don't have to access a manhole that the 14-foot wide solid paved surface would not be necessary. The applicant certainly doesn't want to have that 14-foot wide strip cutting across the middle of the lot. It kind of refers back to a meandering pathway, which is as they approve. The only thing that Ms. Bowcutt mentioned tonight was they do potentially still have Ada County Highway District, who may ask for vehicular access to get to the stormwater area, which is depicted on the site plan there just close to the pool. If the Highway District comes back and says we want to be able to get our vehicles into our stormwater maintenance area, we may need to be flexible. Staff's recommending that -- either that they have the common lot approved as is or if the Meridian City Council Meeting October 1, 2002 Page 10 of 20 Highway District requires access, that it be a grass creet form of design to support their vehicles and not a hard surface pathway. I think other than that, just ask that you incorporate our recommendations. Thanks. Corrie: Thank you, Brad. Any questions or comments from Council? Bird: I have none. Corrie: Okay. Becky, anything different? Okay. Okay. Council, do you have any other questions? Bird: I have none. Corrie: Okay. I'll entertain a motion, then, for the request for Final Plat approval. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of FP 02-020, the request for Final Plat approval of 73 building lots and four other lots on 21.59 acres in an R-8 zone for Sundance Subdivision by Briggs Engineering. To include all staff comments of September 23, 2002, as well as I guess all comments provided by Ms. Bowcutt, willing to comply with all the conditions set out by the staff and for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order to that effect. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat with all the verbiage that I'm not going to repeat. It's not necessary. Any further discussion? Hearing none, roll-call vote, Mr. Berg Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 8. Public Hearing: MI 02-008 Request for approval to construct a Fairview Lakes temporary private road for the construction of Phase 1 of by Hopkins Financial Services, Inc. – 824 East Fairview Avenue: Corrie: Item Number 7 -- 8, excuse me, is a Public Hearing. This is MI 02-008, request for approval to construct a temporary private road for the construction of phase one of Fairview Lakes by Hopkins Financial Services, Inc., 824 East Fairview Avenue. At this time I will open the Public Hearing. I will have the staff comments first, then we will hear Meridian City Council Meeting October 1, 2002 Page 11 of 20 from the requestant at this point, and then -- we will have five minutes maximum and then we will have any other Public Hearing people that want to testify have three minutes. So at this time, Brad, staff. Hawkins-Clark: Thank you, Mayor, Members of the Council. On your Consent Agenda this evening you did approve Items C and D, which are the Fairview Lakes annexation request and a Fairview Lakes Conditional Use Permit. One of the conditions on the Conditional Use Permit was that the applicant submits a miscellaneous application to our department for a private street. As you may recall, as a part of the Conditional Use Permit, to access their proposed apartment complex, which is on the northern nine acres of their project, that's going to require a plat, typically, for a public street. In order for them to move ahead on this, rather than wait for the plat, they are required by ordinance to do a private street, which requires City Council approval. We have th submitted a September 24 memo with some recommended conditions, primarily that they do construct it to ACHD standards, so that when they come through with the plat in the future, that that street can at that point be dedicated to the Highway District and be constructed to their design. We are asking for a blanket easement for sanitary sewer and water and the other standard conditions for private streets. That's all I have. Corrie: Okay. Thank you. Any questions from Council? Bird: I have none. Corrie: Okay. Is the applicant here this evening? Tamura: Mr. Mayor, Members of the -- Corrie: Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Tamura: I do. Corrie: Okay. Name and address, please, for the record. Tamura: Mr. Mayor, Members of the Council, my name is Doug Tamura, 499 Main Street, Boise, Idaho, and I represent Hopkins Financial and we are just here to agree on your recommended conditions of approval. Corrie: Okay. Thank you. Is there anyone else from the public that would like to issue testimony in this request? Okay. Hearing none, Council, any other questions on the Public Hearing? Bird: I have none. Corrie: Okay. Then I will entertain a motion to close the Public Hearing on the request for approval. Meridian City Council Meeting October 1, 2002 Page 12 of 20 McCandless: So moved. Corrie: Okay. De Weerd: Second. Corrie: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion by Council? Hearing none, I will entertain a motion, then, for the request of MI 02-008. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve MI 02-008, the request for approval to construct a temporary private road for the construction of phase one of Fairview Lakes by Hopkins Financial Services, Incorporated, 824 East Fairview Avenue, to incorporate staff's recommendations and show that the applicant agreed to them and for the attorney to draw up the proper papers. Corrie: Do I hear a second? Nary: Second. Corrie: Motion has been made and seconded for approval of the request. 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. Item 9. Public Hearing: RZ 02-002 Request for a rezone of 1.52 acres from R- Holy Nativity Episcopal Church 4 to L-O zones for the by the Holy th Nativity Episcopal Church – 1021 West 8 Street: Corrie: Item Number 9 is Public Hearing RZ 02-002. This is a request for a rezone of 1.52 acres from R-4 to L-O zone for the Holy Nativity Episcopal Church by the Holy th Nativity Episcopal Church, 1021 West 8 Street. Bird: Mr. Mayor? Meridian City Council Meeting October 1, 2002 Page 13 of 20 Corrie: Mr. Bird. Bird: I'd like to state that this applicant's property is right across the road from me. I live th at 1022 West 8. Council, if you so desire, I will step down. I don't believe I have any preconceived ideas. De Weerd: Are they paying you? Corrie: Is there any objection to the Council if Mr. Bird stays? Nary: No objection. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Also, for public record, I will state that I am a member of this Holy Nativity Church and if Council would like me to step down for any reason. Bird: Just take money out of your pocket to build it. I have no objection. Nary: No objection. Corrie: No objections? De Weerd: You need to increase your thing. Corrie: You may stay. Okay. Staff comments first. Hawkins-Clark: Mr. Mayor, Members of the Council, the P&Z Commission has reviewed their application and a recommendation has been submitted to you. The Commission has several site specific requirements. The applicant stated in their application that it mainly wants to rezone -- since churches are permitted outright in that zone, rather than a nonconforming use, so this would make them a conforming use. In addition, they are considering some potential future uses, of which limited office would be a more appropriate zone. For example, day cares and things like that, rather than the residential zone that they currently got grandfathered in with. It is completely surrounded by residential property, some of which is higher density. So staff reviewed it and our findings were that the office zone would be appropriate in that location. We have simply recommended and the Commission has in their recommendation that the site be brought into compliance with all current ordinances as part of any future development or expansion, so it would not affect them in their current setup. We have recommended that they be given a period of six months to reduce their three existing signs that are on the property to one. I believe that's the only condition that doesn't -- isn't tied to future development, it's tied to a time period. Thanks. Meridian City Council Meeting October 1, 2002 Page 14 of 20 Corrie: Thank you. Any questions of staff, Council? Bird: I have none. Corrie: Okay. Is there anyone from the public -- is the applicant here this evening? Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Avera: Yes. Corrie: Name and address, please, for the record. Avera: Janice Avera at 947 East St. Martin Drive in Meridian. Forgive me, I have not been before the City Council before and if I can answer any questions, although staff did a pretty complete presentation. Corrie: Any questions? De Weerd: I have none. Bird: You have no problems with the six months on the sign? Avera: No. In fact, I'm the one who asked for it to be six, instead three, and P&Z said, well, they could give on that and so -- and we don't have any problems with any of the recommendations as it currently stands. Corrie: Okay. Avera: Thank you. Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Hearing none, Council has any other questions on Public Hearing? If not, I'll entertain a motion to close the Public Hearing on RZ 02-002. De Weerd: So move. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for rezone. Meridian City Council Meeting October 1, 2002 Page 15 of 20 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of RZ 02-002, the request for rezone of 1.52 acres from an R-4 to an L-O zone for the Holy Nativity Episcopal Church by the Holy Nativity Episcopal Church at 1021 West 8th Street, to include all staff comments, as well as comments that the applicant be in compliance with all staff concerns and conditions, that our counsel prepare Findings of Facts and Conclusions of Law and Decision and Order that goes with the rezone request. That's it. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 10. Public Hearing: AZ 02-017 Request for annexation and zoning of 5.41 Ronald Yanke property acres from M-1 to I-L zones for by Ronald Yanke and Walter T. Sigmont Jr.– northwest corner of East Franklin Road and North Eagle Road on East Lanark Street: Corrie: Item Number 10 is a Public Hearing. This is AZ 02-017, request for annexation and zoning of 5.41 acres from M1 to I-L zone for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont, Jr., northwest corner of East Franklin Road and North Eagle Road on East Lanark Street. At this time I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Mayor, Members of the Council, again, the Planning and Zoning Commission has reviewed this application, it's four lots that are a part of the Olson-Bush industrial subdivision right off of Eagle Road on the west side. Two of those lots are already in the city limits. Wheel City is one of those. This request is to bring the remainder of the lots in the Olson-Bush Number 1 Subdivision into the city limits. There are existing utilities to the parcels. There are buildings on all but two, I believe, of the lots. The recommendation you should have received from Planning and Zoning Commission. I don't believe there are any issues of disagreement to point out. The applicant did request that the staff prepare this application, which we did, and it was noticed accordingly and, otherwise, I think all of the recommended conditions are clear on this one. Thanks. Meridian City Council Meeting October 1, 2002 Page 16 of 20 Corrie: Okay. Thank you, Brad. Is the representative from the request for annexation and zoning here this evening? Okay. Any questions of staff? Bird: I have none, Mayor. Corrie: Okay. I will entertain a motion to close the Public Hearing, then, on the request for annexation and zoning. McCandless: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Item Number AZ 02-017, Ronald Yanke property. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further discussion? Hearing none, I will entertain a motion on the request for annexation and zoning for the Ronald Yanke property. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve AZ 02-017, the request for annexation and zoning of 5.41 acres from M-1 to I-L zones for Ronald Yanke property by Ronald Yanke and Walter T. Sigmont, Jr., northwest corner of East Franklin Road and North Eagle Road on East Lanark Street and to incorporate the staff comments and recommendations and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made Mr. Bird, seconded by Mrs. McCandless, for the request for annexation affirmative of the AZ 02-017. Any further discussion? Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting October 1, 2002 Page 17 of 20 Item 11. Public Hearing: AZ 02-018 Request for annexation and zoning of 5 Bair Property Annexation acres from RUT to L-O zones for by Donn Reiswig – 3975 East Franklin Road: Corrie: The last item on the agenda is Public Hearing AZ 02-018, request for annexation and zoning of five acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig, 3975 East Franklin Road. At this time I will open the Public Hearing and staff comments. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The application is one that you are all familiar with, the Touchmark Living Center project. This is an enclave piece that fronts on Franklin Road. It is more or less surrounded by the Touchmark project. The applicant is proposing to utilize the property for a temporary trailer. The property was not included in the application, because at that point it was under separate ownership when the Touchmark Living Center slash Waterford came through the city a few years ago. Touchmark has since acquired the property and they do intend to add this property to their permanent development. They have had discussions with staff about a revised concept plan for the overall 130 plus acre project, so that has been discussed with staff. We have reviewed their application and we have made some comments on the actual layout of how they want to utilize the five acres. It's not necessarily tied to the annexation and zoning, but we are recommending a modification to the development agreement. The recommendation that you received from Planning and Zoning Commission, I would just recommend one modification. That's on Page 2, Item 2, and it states that the current Development Agreement for Touchmark Living Centers must be amended to include the subject property. I would just, I guess, add in there that the amendment should include the new legal description and should be modified prior to formal annexation, since Development Agreements can only be attached to annexations for rezones. We would want to make sure that that gets done as part of this process. Otherwise, I believe all of the conditions are clearly listed there on Page 2 and 3 of the recommendation and unless you have any questions, that's all I have on that one. Corrie: Okay. Any questions from Council? Bird: I have none. Corrie: Thank you, Brad. Is the applicant 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? Reiswig: Yes, it is. Corrie: Name and address, please. Reiswig: Yes. My name is Donn Reiswig. I reside 3360 North Montvue Drive in Meridian, and I represent Touchmark Development as the project manager and the applicant in this case. There is one clarification that I would like to make to what he said Meridian City Council Meeting October 1, 2002 Page 18 of 20 and that is we want to use the existing residence, as it says in the staff report there, residence trailer, for the use of a temporary office and that's just until we can get our first commercial office building, which is in the process of the new development agreement and master plan and everything that is presently in process. Corrie: Okay. Any questions of Council? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Mr. Reiswig, I guess the condition that I see is the recommendation related to that is the number nine. All it says is conversion of the existing single-family structure into a temporary office. Is that okay? Reiswig: Yes. Nary: Okay. Fine. Reiswig: Yes because we are going to tear this down. Nary: Yes. It just didn't refer to it as a trailer it just said structure so I thought that's probably fine. Okay. Thank you. Corrie: Thank you. Anyone else wish to issue testimony? Okay. Council, any other testimony, questions on the Public Hearing? Bird: I have none. Corrie: I'll entertain a motion to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Hearing none, I'll entertain a motion on the request for annexation and Zoning AZ 02-018. Nary: Mr. Mayor? Meridian City Council Meeting October 1, 2002 Page 19 of 20 Corrie: Mr. Nary. Nary: I'd move the approval of AZ 02-018, the request for annexation and zoning of five acres from RUT to L-O zones for the Bair Property Annexation by Donn Reiswig, to include all staff comments and recommendations of the Planning and Zoning Commission, with the clarification, at least on the second, recommendation for the Findings of Facts and Conclusions of Law, that it's clear that the intent, including the subject property, in the development agreement, to make sure it has all the current legal descriptions as it's done prior to the annexation and ordinance being passed. Counsel to prepare all Findings of Facts and Conclusions of Law and Decision and Order as required. McCandless: Second. Corrie: Motion has been made and seconded. 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. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think that Brad Hawkins-Clark has an announcement to make. Hawkins-Clark: Oh. Yes, I do. This last week the Idaho Planning Association conference was held up in Moscow, Idaho, and as a part of that conference, which is an annual conference, they have a -- they have a state-wide award program. The City of Meridian's Comprehensive Plan was nominated and we did receive this plaque, which is to the City of Meridian for an Outstanding Planning Award for a Plan. We didn't come up with a title of the award. I think it just needed to fill up the gold to make it look nice. But I was up there, received this from Jerome Mapp, who is the president of the Idaho Planning Association on behalf of the city, so just wanted to point that out and it will be hanging in our department, so come by and look at it. Corrie: Very good. Thank you, Brad. Bird: And congratulations to you guys. A lot of hard work on your part. Corrie: A lot of hard work on your part. I will mention that in the -- Friday, the 11th by the way. Thank you. Council, that takes care of the agenda for this evening. I will Meridian City Council Meeting October 1, 2002 Page 20 of 20 entertain a motion -- does anybody have any announcements other than that? I will entertain a motion for adjournment. De Weerd: So moved. McCandless: Second. Corrie: Okay. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Adjourned at 8:00 P.M. Thank you. MEETING ADJOURNED AT 8:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK