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HomeMy WebLinkAbout2002 11-26 Meridian City Council Meeting November 26, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, November 26, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Mike Worley, 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: Okay I would like to open the Meridian City Council Regular Meeting on Tuesday, November 26, 2002, at 7:00 P.M. At this time, I would like to have the City Clerk give the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Mr. Nary will join us probably in about another 45 minutes. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the adoption of the agenda as published. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. November 12, 2002 Approve minutes of City Council Regular Meeting: Meridian City Council November 26, 2002 Page 2 of 21 B. Findings of Fact and Conclusions of Law for Approval: CUP 02-025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and Verizon Wireless supporting equipment in an I-L zone for by Mericom Corporation – 3735 North Ten Mile Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl’s Jr. restaurant with a drive-thru in a C-G zone by Clayton Jones – on South Main Street, north of the Meridian Road and Main Street intersection: D.Development Agreement: AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones for Fairview Lakes proposed by Hopkins Financial Services, Inc. – 824 East Fairview Avenue: E. Finance Department: Finance Report: F. Change Order No. 1, Tully Skate Park – Heartland Construction: G. Change Order No. 2, Tully Skate Park – Heartland Construction: H. Change Order No. 1 (Final), Water Tower Recoating Project, Consulting Services – CH2M-Hill: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all applicable items. De Weerd: Second. Corrie: Okay motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved. Meridian City Council November 26, 2002 Page 3 of 21 MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Number 4 is Department Reports. Do we have any Department Reports tonight? Okay thank you. Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from the Consent Agenda, which there are none. Item 6. Ordinance No. : AZ 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to C-G and R-40 zones Fairview Lakes for proposed by Hopkins Financial Services, Inc. – 824 East Fairview Avenue: Corrie: Item Number 6 is an ordinance, Ordinance Number 02-986. This is a request for annexation and zoning of 24.89 acres from RT to C-G and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc., 824 East Fairview Avenue. At this time, I'd like to have the City Clerk read Ordinance Number 02-986 by title only, please. Thank you. Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-986. An Ordinance finding that certain land to be known as Fairview Lakes Subdivision, located on the north side of Fairview Avenue approximately one-third mile west of Locust Grove Road, all within the area of impact, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner William Curtis has made a request for annexation in writing to the Council, and that said land be annexed to the City of Meridian and zoning designated High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail and Service Commercial District (C-G), and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay you have heard the reading of Ordinance Number 02-986 by title only. Is there anyone from the audience that would like to have it read in its entirety? Okay. Hearing none, Council, I will entertain a motion on Ordinance Number 02-986. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council November 26, 2002 Page 4 of 21 De Weerd: I move we approved Ordinance Number 02-986, request for annexation and zoning of 24.89 acres from RT to C-G and R-40 zones for the proposed Fairview Lakes and to have the Mayor sign and the Clerk attest, with suspension of rules. Bird: Second. Corrie: Okay motion has been made and seconded to approve Ordinance Number 02- 986 with suspension of rules any further discussion? Hearing none, Mr. Clerk, roll call vote, please. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. The ordinance is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Resolution No. : Approving Property Exchange Agreement with Farmers & Merchants State Bank: Corrie: Item Number 7 is a Resolution Number 02-396. This is approving Property Exchange Agreement with Farmers and Merchants State Bank. Council, you have the resolution in front of you. What say you? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Resolution 02-396, the exchange of property with Farmers and Merchants State Bank and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion has been made and seconded for approval of the Property Exchange Agreement with Farmers and Merchants State Bank. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would just -- once this resolution is passed, what is the process from there? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, the city and the bank would essentially open escrow on the exchange, deeds would be prepared, title policies sought and Meridian City Council November 26, 2002 Page 5 of 21 preliminary title reports issued on the parcels and then the bank has to remove the structures as a condition precedent to finalizing the exchange. We would open escrow, get those preliminary title reports ordered and reviewed and make sure that there isn't anything that needs to be cleared up there and the bank removes the structures per the Exchange Agreement. Once that's done and everything's in place, we will go ahead and finishing the exchange and close the transaction. De Weerd: Okay thank you. I have nothing further. Corrie: Roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion for Resolution Number 02-396 is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. Public Hearing: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Corrie: Item Number 8 is a Public Hearing on the Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan. At this time, I will open the Public Hearing and invite the Council to -- excuse me -- provide for staff comments first. Hawkins-Clark: Good evening, Mayor, Members of the Council. The Comprehensive Plan Amendment here tonight has got quite a background. I didn't come necessarily prepared to give all of the details on the origination of the issue, but suffice it to say that during the 2002 Comprehensive Plan adoption process, this body did raise a few concerns about the policies that were on Page 92 of the Comprehensive Plan, in particular the issue of providing public services or allowing private and wastewater -- water and wastewater systems in our area of impact. De Weerd: Mr. Mayor? I'm sorry, Brad. I don't want to be rude, but -- Corrie: Mrs. de Weerd. th De Weerd: We do have this letter from Mark Estess, dated November 26, that had reference that the meeting that -- of the group that you coordinated to get together. That a consensus was felt to have been reached without actually coming up with some solid text and his recommendation is that this group get together, provide that text, and maybe run it through the process. I would like to see that happen and so rather than you have to do this now and then again whenever it comes back again. Would it be appropriate to look at remanding it back to Planning and Zoning, so that staff has an opportunity to come up with the text -- a text that this collaborative group can put together and have the blessing and maybe explanation of Planning and Zoning. After Meridian City Council November 26, 2002 Page 6 of 21 reading the minutes of Planning and Zoning, I don't think they understood why it was back to them to begin with and I'm sure if they get it one more time, they are really going to be happy with us. I would like to see it happen and let these people as well come in front of Planning and Zoning and kind of say, yes, we were a part of the original group that designed the text. We feel comfortable with this new -- in light of the concerns of Council and staff and we feel that we have come up with the a win-win situation. Without making, you go through that painful dialogue as what's happened, we want to add one more chapter to it. Bird: Drag it out a little longer. De Weerd: Yes we just want to drag out the suspense. Is that what staff -- I mean after reading this letter, is staff open to getting together and proposing that text and doing this one last time? Corrie: Brad? Hawkins-Clark: Councilwoman de Weerd, Mayor, Members of the Council, yes, certainly, we can put something together. My sense is that the -- you know, the language isn't really going to be new for the Commission. You know, a lot of the issue was laid out in the memos that the Planning and Zoning Commission received. I guess, you know, if what I'm hearing is that you would like the Commission to actually review some specific language that is -- as well as the Ada County Association of Realtors and the Building Contractors Association and others. You know, we did notice correctly -- one question that comes to mind is -- and maybe Mr. Nichols can respond to that, is I believe the Land Use Planning Act talks about the Planning and Zoning Commission making a recommendation to the Council. I don't know that that keeps the Council from not accepting that recommendation and just choosing to make your own decision on how the text would read, even though the Planning and Zoning Commission didn't make that change. Certainly, I think their desires are clear, they want to keep flexibility built into the policy to allow developers to at least approach the city with developments in the area of impact that would not be annexed. I believe that that much was clear from the minutes at the Planning and Zoning Commission hearing. Certainly, we can -- my sense is that the Planning and Zoning Commission made their motion pretty clear. I felt that they understood the issues and -- but we can get together again with the private parties, have a specific amendment actually drawn up from that meeting, which might provide a little more clarity, but -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess the P&Z Commission did kind of not seem too interested in whatever we decided, so I would like that group to propose the text. This letter shows that they felt, when they walked out of that meeting, there was some consensus as to what it should state. I would not prefer to draft it myself, I would prefer that this group Meridian City Council November 26, 2002 Page 7 of 21 draft it and recommend it and then we get on with it. If you don't feel it needs to go back to Planning and Zoning, that's fine, you know, I feel comfortable, since they seem to not have the -- some of the issues that we have discussed in front of them. They said that we make the decision anyway, so if it's okay doing it at our level, I just thought -- I want to do it right, however we do it, I'd like to see that it's done right. We have a little bit of room to maneuver, because the county won't be adopting our Comp Plan until the new Commissioners are seated and so we have that month of time and we need to take advance of it, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would agree with Tammy 100 percent, but I don't think we need to go back to Planning and Zoning. I think that this body gets together and, as they stated, the realtors and the BCA, they felt they had something when they walked away. We didn't follow up, so get together, get the thing drafted, bring it back before us I don't see why that has to go to Planning and Zoning. Like Tammy said, we have got a month to get the thing taken care of and let -- I'd feel more comfortable if that group would come back with a recommendation myself. I'm like Tammy. Corrie: Correct me if I'm not understanding this, but isn't the Planning and Zoning and both of these groups in accord with not changing the text at all? Hawkins-Clark: Mr. Mayor, that was a little bit confusing to me as well and in Mr. th Estess's November 26 letter, on the last paragraph of his letter, he does state that their formal position on the proposed text changes remains the same as when the 2002 Comp Plan was originally adopted and mirrors the P&Z recommendation. That says to me that they are in agreement with the way the policy currently is, but they also said in our meeting in August that they were supportive of adding the change that any parcels that receive our services have the irrevocable consent to annexation attached. That policy is not in the current Comp Plan, so that's a little different. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess how I read this is that the last they have gone back to their official bodies was with the text from the 2002 Comp Plan, the official text. They would like to formalize the language so they can take it back to their membership for review and then bring it forward. They feel like they agree with staff at your informal meeting, but they need the formal language to take back to their bodies just to get their nod, so that they can present it to us. I guess that's how I read it so that there was a consensus reached between when we passed the original version and that that text amendment seems to be agreeable, that there is no formalized text for them to take specifically to their bodies Meridian City Council November 26, 2002 Page 8 of 21 for them to sign off on it, to come and officially propose it to us. Let's give them that opportunity. Is that clear as mud? Bird: That's clear as mud and I agree with it. Corrie: Ultimately, you're going to have to make the decision -- Bird: Yes. We have no problem with that. Corrie: -- based on what you want to do, not what somebody else wants to do, just as long as that's for the record but you never will get -- I think you understand that, so -- De Weerd: Well -- and I certainly wasn't planning for discussion, but if staff feels that there was a consensus, I want to see that consensus and I'd like to see it in writing, so I don't have to write it. Corrie: You just have to read it. De Weerd: I just want to read it. Corrie: Okay we still have the Public Hearing. Okay any other comments, questions of staff? Bird: I have none, Mayor. Corrie: Is there anyone from the public that would like to have -- to issue testimony on this Urban Services Policies in the 2002 Comprehensive Plan? Okay then I assume that you want to continue the Public Hearing. Okay. Then I will entertain a motion, then, to continue this Public Hearing to a date certain. Have to go to the Planning and Zoning -- actually, if you're going to do that, you have to go back to Planning and Zoning you can just remand it back to -- Bird: No, I don't want it to go back around, I just -- Corrie: You have that choice. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would continue the Public Hearing on the Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan to December 17, 2002. Bird: Second. Meridian City Council November 26, 2002 Page 9 of 21 Corrie: Okay. Motion has been made and seconded to continue the Public Hearing to December 17, 2002 any further discussion? Hearing none, all those in favor of the motion say aye. Okay. The Public Hearing will be continued to December 17, 2002. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Staff, I hope that will give sufficient time to come up with a proposed text to bring back with you. Hawkins-Clark: I think that will work. We will contact the association and get that going. De Weerd: Thank you. Item 9. Public Hearing: Tree / Forestry Ordinance: Corrie: All right. Item Number 9 is a Public Hearing on the Tree/Forestry Ordinance, so at this time I will open the Public Hearing and invite staff's comment first. Elroy. Huff: Elroy Huff, Park Superintendent. Corrie: And you're sworn in as a public official, so -- Huff: Contrary to what everybody believes, I actually dress like this about three or four times a week. De Weerd: Really? Corrie: Yes. I have seen him. De Weerd: You look very nice. Huff: It's one of those things. I just want to say in the while that I have been here working at the City of Meridian, it took me a couple of years to get here with this tree ordinance, but -- and it's been awhile coming. You know, our city is changing a lot. We are up to 36,000 people now and we are not a little place anymore. As those things happen and as cities grow, they really need to have certain ordinances in place that will help maintain the infrastructure and particularly in this ordinance is the preservation and protection of existing trees, as well as some design on how new tree planting will be done and how things are done in the future. I think this ordinance, as I have said before, we will have more of an impact years down the road, than it will be right here in the short term. I do believe that it is well written, I believe that it will serve our community very well over the next number of years. There will be a few things over the Meridian City Council November 26, 2002 Page 10 of 21 years, I'm sure, that will need to be updated just a little bit, as with any ordinance, and I appreciate your attention at looking at this and go from there. Any questions? Bird: I have none. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Elroy, if I seem to remember correctly, there were a couple of reasons why that had to be worked through with our City Attorney and then run through the Commission one more time. Could you refresh our memories on what those were -- what those specifics were? Huff: I believe the main one that there was discussion on the last time we met, I think, in Executive Session -- I mean Pre-Council, was the issue of how to do some governing of this ordinance, depending on the load of City Council. In the ordinance, it states that the Parks Commission Board will hear complaints and decisions on this and they will make those decisions. If there is an appeal by that -- by the complainant or -- in this case, then, it will be referred to City Council for final decision, but the decision from the Parks Commission would be final, unless appealed. That was one of the ones that were worked out. I think that was the main one that we had -- that you had some questions about, if I recall. De Weerd: And this is in no way intended to tell someone what to do with their trees on their private property? Huff: No, it is not. De Weerd: This has to do with the city forestry. Huff: City forestry. It does -- the ordinance does deal with right of way, but only in extreme circumstances. The city may -- written in the ordinance, there are certain times that the city may, if they want to, through a budgetary process, expend some funds to right-of-way tree planting projects or partnership in the matching grants, things like that. We may do that. That's up to Council and however we would bring that to you to put into the budgetary process, we might do some year. The only other time that we really affect private property is if we can't get something done that is a pest or a nuisance or a hazard and we cannot get the property owner, after all the proper notification, to take care of that problem. If that problem has an opportunity to affect our public trees or our public park trees, so, we need to take action on that, but it's an extreme case. De Weerd: And that wouldn't be any different than an instance where the -- like an agency like ACHD has in taking care of a vision triangle where they need to do something with a tree or a shrub in that situation, too. Meridian City Council November 26, 2002 Page 11 of 21 Huff: Yes. De Weerd: So -- okay. Mr. Mayor, I guess just one more question. Is Keith -- well, Elroy, formal action was taken on this by the Parks Commission, I assume. Huff: Yes, it was. De Weerd: And they have no issues with it? Huff: No, they did not. De Weerd: I have nothing further. Corrie: Any other questions? Bird: I have none. Corrie: Thank you. Is there anyone from the public that would like to issue testimony on the Tree/Forestry Ordinance? Okay. Council, any other questions under the Public Hearing? Okay. I will entertain a motion, then, to close the Public Hearing on Item Number 9, Tree/Forestry Ordinance. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess one quick question for Brad. Has your staff been able to make sure that -- just take one final look through that this doesn't conflict with our Landscape Ordinance in any way? Hawkins-Clark: Councilwoman de Weerd, we have, yes. Steve Siddoway has taken a look at it and compared the standards with the landscape ordinance and there were no conflicts. De Weerd: Thank you. Mr. Mayor, I move we close the Public Hearing. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Mr. Nichols, is this ordinance that we have in front of us, is this one that we are talking about, then? Meridian City Council November 26, 2002 Page 12 of 21 Nichols: Mr. Mayor, Members of the Council. Yes, the one that's in your packet and on your CD-ROMS is the most current one and it's the one which should be placed on a future agenda for adoption, if that's your -- the Council's choice. Corrie: Just to make sure that's the one we are looking at. Okay. Council, I will -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we place this ordinance, the Tree/Forestry Ordinance, on the agenda for December 17, 2002, for approval. Corrie: Okay. Do I hear a second? McCandless: Second. Corrie: Motion has been made and seconded to place the Tree/Forestry Ordinance on the agenda for December 17, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Public Hearing: Amended Floodplain Ordinance: Corrie: Item Number 10 is a Public Hearing. This is for the amended Flood Plain Ordinance. At this time I will open the Public Hearing and invite staff's comments first. Gary. Smith: Thank you, Mr. Mayor, Council Members. There has been a clarification concerning the crawl space issue in the Flood Plain Ordinance in what's designated as the lowest floor and that clarification is outlined in this ordinance as prepared by our City Attorney, based on information received by -- or from FEMA. This lowest floor at this point excludes crawl spaces and previously it did include crawl spaces. I think that's the only comment that I have. Sorry. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Gary, you said this ordinance -- the revised ordinance excludes crawl spaces? As defined -- as previously defined as being the lowest floor? Smith: Right and this, of course, deals with structures that are built within the special flood hazard area, the 100-year flood plain. Meridian City Council November 26, 2002 Page 13 of 21 De Weerd: I have nothing. Corrie: Okay is there anyone from the public that would like to issue testimony on the Public Hearing for the Flood Plain Ordinance? Okay. Hearing none, Council, any other discussion under the Public Hearing? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the Public Hearing. Bird: So moved. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the Flood Plain Ordinance. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes -- three ayes excuse me. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Bird: I have none. Corrie: Okay. Then I will entertain a motion to move -- to place it on an agenda item. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we place the amended Flood Plain Ordinance on December 17, 2002, agenda for recommendation of approval. De Weerd: Second. Corrie: Motion has been made and seconded to place the amended Flood Plain th Ordinance on the agenda for October 17 of the year 2002. Any further discussion? All those in favor of the motion say aye. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. Public Hearing: PFP 02-003 Request for Preliminary / Final Plat Goldstone approval of 1 building lot on 3.8491 acres in a C-C zone for Center Condo’s by Sundance Company – southeast corner of South Eagle Road and East Overland Road: Meridian City Council November 26, 2002 Page 14 of 21 Corrie: Item Number 11 is a Public Hearing. This a request for a Preliminary and Final Plat approval of one building lot on 3.8491 acres in a C-C zone for Goldstone Center Condos by Sundance Company, southeast corner of South Eagle Road and East Overland Road. At this time, I will open the Public Hearing and invite staff's comments first. Brad? Hawkins-Clark: Thank you, Mayor, members of the public -- members of the public -- you, too Members of the Council. The application before you is, according to the applicant's engineer, Hailey Engineering, haven't confirmed it myself, but Meridian's first commercial condominium proposal. The proposal is on Lot 5 of the Silverstone Subdivision, which is highlighted there on the screen. It is just over three acres -- 3.8 acres in size. This on the screen is essentially the footprint of the Goldstone building. It is -- it was constructed as a shell, intended for -- as a multi-tenant building. The next slide here shows the proposed configuration as drawn up by the engineer for the units within the Goldstone building. Essentially, what they are doing is proposing to set up a mechanism so that they can sell space within the walls of the building to different individuals. It is, essentially, an airspace subdivision within the building. Declarations and bylaws were submitted with their application. Those are a pretty critical component of condominium applications. They do have to comply with Title 55 of the State Code. It's a completely separate condominium property act that lays out a whole set of standards for projects such as this. That was one of our recommended conditions so no external changes to the building are proposed. Their elevations are as shown. The landscaping, the parking, the trash enclosures, the accesses, all of that is, essentially, as it current is out there on site. Staff did check the parking ratios. That was the discussion at Planning and Zoning Commission. They do have basically one parking space for every 250 gross square feet, so should there be more actual tenants or owners in here than they originally intended, we feel the parking is probably adequate. The Planning and Zoning Commission did recommend approval and you should have the recommendation in your packets, with the conditions shown in there, so I don't think there have been any issues raised to staff since Planning and Zoning raised this. Let's see. Right. Public Works Staff is pointing out that Item Number D-3 on Page 4 should be a deleted. That storm water comment there is our standard one, but it is already constructed, so -- without grassy swales and since the plat does just deal with airspace, I think it's probably not a -- just a standard Central District Health comment, so that should be deleted. Thank you. Corrie: Okay any questions for staff at this time? Okay. Is the representative of Sundance here tonight or the applicant? Is the testimony you are about to give the truth, the whole, and nothing but the truth, so help you God? Anderson: It is. Corrie: Thank you. Name and address, please. Anderson: My name is Ryan Anderson. I live at 1453 Shellbrook Drive here in Meridian. Nothing in particular. I want to concur with staff comments. As the Meridian City Council November 26, 2002 Page 15 of 21 developer, we don't have any problems with any of the comments. Most of them are pretty minor text changes. As far as the parking, it is as they concur. We are in excess of the four per 1,000. Really, answer any questions you guys might have. Corrie: You concur with Item Number 3 on Page -- Item Number 4, Page 3, be resolved or taken out? Anderson: Yes. It's really not applicable. Corrie: Questions from Council? Bird: I have none. Corrie: Okay. All right. Anderson: Thank you. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony? All right. Hearing none, Council, any other questions for the Public Hearing? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the Public Hearing on Item Number PFP 02-003, request for Preliminary and Final Plat approval for Goldstone Center Condos. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing on Goldstone Center Condos by Sundance Company. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing. Further discussion? All those in favor say aye. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Further discussion? Okay. Hearing none, I will entertain a motion on the request for Preliminary and Final Plat on the approval of one building lot on 3.8491 acres for Goldstone Center Condos. Bird: Mr. Mayor? Meridian City Council November 26, 2002 Page 16 of 21 Corrie: Mr. Bird. Bird: I would move that we approve PFP 02-003, request for Preliminary and Final Plat approval of one building on 3.8491 acres on a C-C zone for Goldstone Center Condos by Sundance Company. For the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and that on Page 4 of the recommendations, Item D-3, we delete. Corrie: Okay. Do I hear a second? De Weerd: Second. Nichols: Mr. Mayor? Corrie: Motion has been made and seconded. Discussion? Mr. Nichols. Nichols: Mr. Mayor, if Councilman Bird would include Item Number 4 on the recommendations. It has to do with storm water as well. Bird: That's the one -- Nichols: Three and four are both addressed. Bird: Three and four. I'm sorry. Yes. De Weerd: Second concurs. Corrie: Okay. Second agrees. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: PFP 02-004 Request for Preliminary / Final Plat Norco approval of 3 building lots on 5.5 acres in a C-G zone for Subdivision by Pinnacle Engineers, Inc. – 2150 East Fairview: Corrie: Public Hearing Number 12 is a request for Preliminary and Final Plat approval of three building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc., 2150 East Fairview. At this time, I will open the Public Hearing and invite staff's comments first. Meridian City Council November 26, 2002 Page 17 of 21 Hawkins-Clark: Thank you, Mayor, Members of the Council. The request is from Pinnacle Engineers, Incorporated. They have applied for a Preliminary/Final Plat approval, a combination application. The parcel is in the city, zoned C-G. It is built out as a Planned Development that was approved, I believe, in '99. Has the Norco building and the strip mall there with restaurants and Sprint and others there on Fairview just east of Fred Meyer. The Dove Meadows Subdivision abuts the parcel to the north. The site presently does have -- a Sonic Drive-in was recently approved here on this Lot 1, I believe, at the southeast corner. That is the one that is not been constructed yet, but has been approved, as you well know. The improvements are all installed and constructed. Landscaping on Fairview is in. The minimum parking requirements are met by each of the uses, so they do have their minimum parking on each of those lots. That's the reason for the -- kind of rather odd configuration of this Lot Number 2 that kind of has two flags down to Fairview. They also do have a cross-parking easement throughout plat, so that is addressed there. Planning and Zoning Commission did recommend approval of the plat with conditions, you have that before you, and I believe that's all I have. Corrie: Okay. Thank you, Brad. Any questions of staff? Thank you. Applicant? Is the testimony you are about to give the truth, the whole, and nothing but the truth, so help you God? Boyle: It is. Corrie: Name and address, please. Boyle: Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive, Boise, Idaho 83713. Mayor and City Council Members, it's a pleasure to be here today. I did want to just add to the staff comments on this. I think they covered everything. It's a pretty straightforward project. All the improvements are in. Another reason for the lot configuration the way it is here is so over Thanksgiving I can take this and cut it out and give my five-year-old son a little puzzle to put together. It works out pretty well. It is a puzzle if you look at it there but, no, the lot configurations are a little odd. That was just so that each specific building on the site, the retail center, the Norco building, and the Sonic Drive-in, are all self-parked on their own individual lots. They will have a cross- access easement that will be a blanket easement across the entire site that will be recorded as part of the CC&R's on the project and it's also specified on the plat. The only real comment that I had was just a minor clarification, it's very minor detail, and that is on Item Number 3 -- A-3, I guess is what I will say on the recommendation, where it says graphically depict all existing easements lying within the boundaries of the subdivision. We will certainly do that. That note -- I actually believe that the Planning Commission motion struck that item from the recommendation, but it really doesn't matter. The issue at hand there was that the City of Meridian has a water line easement on this site and there is actually a water line that kind of snakes around back by the Norco building and loops around the retail center and back out to Fairview. Anyway -- but it runs through the site and they wanted to make sure that that easement was protected. Well, the easement is a blanket easement across this entire parcel, the Meridian City Council November 26, 2002 Page 18 of 21 entire 5.5 acres, it just stated that you guys, essentially, have access anywhere where there is not an improvement to put in water lines. There is really no way to graphically show it on there. We do have it noted on the Final Plat with the instrument number referenced for that Meridian City Easement. That's it. Happy Thanksgiving and would respectfully request for your approval of the subdivision this evening. Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Well, since it's early and we haven't given anyone a hard time, I'm really trying to find something to -- staff, what can we replace A-3 with? Does that -- can it be deleted and just have the notation on the plat? Would that suffice? Watson: Council Member de Weerd, I think that would fine. If we -- I don't recall that we have a blanket easement over the whole site, but if there is an instrument number, I guess we do. They are very trusting if they did give us that blanket easement. Corrie: I'm glad it's on record. Boyle: I will say that we didn't draft the easement. Whoever did must have been very trusting. Actually, I have the minutes from the Planning Commission, so if anybody wants to peruse through them over the next hour while you're sitting here or whatever you -- De Weerd: If that could be noted on the Final Plat, that that could probably meet this -- Watson: Yes. That will meet the condition, if the instrument number is referenced in a note on the plat, rather than graphically depicted. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony in this hearing? Let the record note that Councilman Nary has returned and is part of the Council again. Okay. Hearing no one else in the Public Hearing, questions from staff or Council on the Public Hearing? Bird: I have none, Mayor. Corrie: Then I will entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for PFP 02-004 for Norco Subdivision by Pinnacle Engineers. Meridian City Council November 26, 2002 Page 19 of 21 McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Any further discussion on the request for Preliminary and Final Plat? Hearing none, I will entertain a motion on the request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It's going to be a real long motion. Corrie: Okay. De Weerd: I move that we approve the request for Preliminary and Final Plat approval of three building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc., to note a change on the recommendation from the Planning and Zoning Commission to change A-3 to strike graphically deplete -- McCandless: Depict. De Weerd: Depict. Just delete the whole thing, note that easements will be noted on the Final Plat, and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The motion is carried. MOTION CARRIED: ALL AYES Corrie: Since that was the last item on the agenda, I would like to extend a Thanksgiving wish to all of you on the Council. I will be gone Thanksgiving and the day after and on the record who should I, say should be in charge while I'm in Colorado? I will be back Sunday, the good Lord willing and -- any further comments? Discussion? Okay. Hearing none, then with that I will entertain a motion to close the meeting. Meridian City Council November 26, 2002 Page 20 of 21 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just wanted to note that we have five bumper cars for the Winterland Parade. I'm not quite sure if bumping will be allowed, only by the president of the Council, so barring any others. We also -- the Mayor and I kind of discussed this, that I believe we all have our blue jackets. That would be appropriate garb and we don't expect you to dress in tights. Corrie: Do you want to wear a Santa Claus type flopping hat and our blue coats? Is that what we -- we better find out where we get the hats. Bird: Oh, you just want Santa Claus hats? Corrie: Yes. De Weerd: We have got them. Bird: We have got them. Corrie: Do we all have one? Bird: We had them two or three years ago. Corrie: Okay. Bird: If I can find mine. De Weerd: Find your hats. Corrie: We all signed the parade disclosure that we won't sue the city. Bird: I've got one request. I get the fastest machine. De Weerd: No. I get to choose first. Corrie: All right. Then with nothing further, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Council Meeting. All in favor say aye. Meridian City Council November 26, 2002 Page 21 of 21 MOTION CARRIED: ALL AYES Corrie: Meeting closed at five minutes until 8:00. MEETING ADJOURNED AT 8:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK