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HomeMy WebLinkAbout2002 11-19 Meridian City Council Meeting November 19, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, November 19, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and William Nary, Cherie McCandless. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, 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: I will now open the Meridian City Council Regular Meeting, Tuesday, November 19, 2002, at 7:05 and at this time I will have roll-call attendance, please, Mr. Clerk. Corrie: Okay. Mr. Bird? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that -- Corrie: Where is Gary? Over there okay, I just can't see him. I knew he was here, but - Bird: Mr. Mayor? Corrie: Mr. Bird. th Bird: I understand that on the 20, which is tomorrow, we have a gentleman in the audience here that is going to be officially a senior citizen, so we'd like to wish Gary nd Smith a happy 62 birthday next year. Item 2. Adoption of the Agenda: Corrie: Happy birthday. Item Number 2 is the adoption of the agenda. I would like -- on the Consent Agenda, there were two additions on the school -- Joint School District, they had two Findings of Facts, and Conclusions of Law and I would like to add those to -- on the Consent Agenda as well. There are some others -- Bird: Mr. Mayor? Meridian City Council November 19, 2002 Page 2 of 35 Corrie: Mr. Bird. Bird: On the adoption of the agenda, we had the two Joint School District Charter School conditions of -- Findings of Facts and Conclusions of Law, two items on it. Items C, D, and E we have got a letter from Becky Bowcutt asking that those be deferred to December 3, 2002. Also on Item H, the Findings of Facts, and Conclusions of Law, I believe we need to pull that off and make it 5-H, if everybody is agreeable to that okay. Also, Items F and G on the Consent Agenda need to be tabled to -- oh, moved to 5-F and 5-G and I believe, other than that, the -- yes. Item Number 17 on the Regular Agenda, we have a letter stating that there will be no -- from -- the owner will not protest, so we will pull that. With those changes and statements, I would move that we adopt the agenda. Hawkins-Clark: Excuse me, Mr. Mayor? Bird: Yes. Hawkins-Clark: I'm sorry, Mr. Bird. Did you say H as well? Bird: Yes. H. We are moving to the Regular Agenda to make it 5-H. On the Consent Agenda, 5-F -- or F, G, and H, are being moved to 5-F, 5-G, and 5-H to the Regular Agenda, so we can discuss it. Hawkins-Clark: Thank you. Bird: Thank you Corrie: Did you say 14 and 15 asked to be continued -- to get to the continuance? Is that the -- Bird: Cherry Lane would be continued. Corrie: Yes. We will still open it, but -- Bird: We will do that when we come to it. Yes. Corrie: Just so the public knows that that has been requested. Bird: They have been requested to be continued to December 3, 2002 and with that I would move that we adopt the agenda as stated. Corrie: Okay. Any -- do I hear a second? Nary: I'll second. Corrie: Okay. Discussion? Meridian City Council November 19, 2002 Page 3 of 35 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, on Item 17, now the letter I've seen from the applicant here simply says they don't want to appeal the decision. Well, technically, it isn't an appeal, but we would -- were you asking to remove it from the agenda? Bird: No. Nary: Not withdrawing it? Bird: Not withdrawing it. No, they are not withdrawing it. Nary: Okay. Bird: They are not -- they do not want to appeal the decision of the Planning and Zoning. Nary: Yes. Bird: So we would have to bring it up and take care of it. Nary: Okay. That's fine. I'm sorry. I just wanted to clarify that. Bird: And I probably wasn't very clear. Nary: That's fine. Corrie: Okay. Anybody else? All right. All in favor of adopting the agenda as changed say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. September 30, 2002 Approve minutes of City Council Special Meeting: B. November 6, 2002 Approve minutes of City Council Regular Meeting: C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for Lochsa Falls Subdivision proposed by Farwest LLC and Daniel Meridian City Council November 19, 2002 Page 4 of 35 Gibson – south of West Chinden Boulevard and west of North Linder Road: D. Tabled from November 6, 2002: 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 Lochsa Falls 354.38 acres in a proposed R-4 zone for proposed Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 6, 2002: 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 and one private park for Lochsa Falls Subdivision the proposed by Farwest LLC and Daniel Gibson – south of West Chinden Boulevard and west of North Linder Road: I. Findings of Fact and Conclusions of Law for Denial: AZ 02- 015 Request for annexation and zoning of 1.7 acres from RUT to James R. Wylie C-G zones for by James R. Wylie – northeast corner of Venture Street and East Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: PP 02- 017 Request for Preliminary Plat approval of 6 building lots on Silverstone Subdivision No. 3 13.77 acres in a C-C zone for by Sundance Investments – southeast corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: AZ 02- 021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove Subdivision by Ted Mason – west of North Linder Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: PP 02- 018 Request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the Tully Cove Subdivision proposed by Ted Mason -- west of North Linder Road and south of West Ustick Road: M. Development Agreement: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones Sutherland Farm for proposed by Sutherland Farms, Inc. – east of South Eagle Road and north of East Victory Road: Meridian City Council November 19, 2002 Page 5 of 35 N. First Addendum to Development Agreement: AZ 99-021 / AZ 02-018 Request for annexation and zoning of 5 acres from Bair Property Annexation RUT to L-O zones for by Donn Reiswig – 3975 East Franklin Road: O. Agreement for Professional Services – Joan Meitl, MPDES Phase II Storm Water Permit: P. Agreement for Professional Services – Trout Architects, MUBS Counter / Reception Area Remodel Design: Corrie: Okay. Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we add the two Finding of Facts and Conclusions of Law and Decision of Order for the Joint School District No. 2 in Meridian, for their PP 02-023 and CUP 02-035 and Item Numbers C, D, and E be tabled to December 3, 2002. Items F, G, and H be moved to the regular agenda as 5-F, 5-G, and 5-H and with those changes I would move that we approve the Consent Agenda. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with the changes. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Any Department Reports? Hearing none. Item 5. (Items Moved from Consent Agenda) F. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for Sundance Place Subdivision proposed byG.L. Voigt Development – east of North Meridian Road and north of East Ustick Road: Meridian City Council November 19, 2002 Page 6 of 35 G. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on Sundance Place 42.72 acres in a proposed R-8 zone for proposed Subdivision by G.L. Voigt Development: east of North Meridian Road and north of East Ustick Road: Corrie: Item Number 5 is items moved from the Consent Agenda, 5-H -- let's go to 5-G and -- F and G together, I think. Evidently, this is -- who asked to have this pulled? Bird: I think -- was she on Sundance? Corrie: Okay. Becky. Bowcutt: Mr. Mayor, Members of the Council, I will be quick. There are just two items on the Sundance Place Findings of Facts and Conclusions of Law for the Preliminary Plat and annexation that needed some attention. One, Site Specific Number 9, your staff has indicated a 25-year limitation set forth on -- as far as the storm water that we retain in a basin or pond. ACHD is requiring that we retain the 100-year storm. Settler's Irrigation District, as you're well aware, does not allow us to discharge into any of their drainage facilities and so I'm not sure where the 25-year storage limitation has come from. It just popped up on a couple applications, but it's in conflict with Ada County Highway District. Secondly, I just want to add one more Site Specific Condition under Number 12. We need to provide a 10-foot Settler's Irrigation Easement along the south side of those lots, which adjoin the relocated and piped Parkins-Norse lateral. The reason for this condition is it runs along the boundary of Sundance Place, Sundance Subdivision and we have 20 feet on the south side in Sundance, and we are allocating 10 feet to the north in Sundance Place. Mr. Watson and I discussed this earlier and I thought it would be prudent to add that as a condition. That's it. Thank you. Other than that, we are in agreement and I have consulted my client on both these items. Corrie: Brad, do you want to comment on this first one? Hawkins-Clark: Mayor, I think staff's in agreement. Corrie: Brad Watson? Watson: Mr. Mayor, Council Members, I just concur with those on the second one as caused by a Final Plat check thing that we found yesterday, so Number 2 is definitely needed. Number 1 was not originated by our office, but by the applicant. Corrie: Right so if I understand this right, Becky, the Ada County Highway District requires you to retain the 100-year storm and you say it conflicts with the 25 year? Bowcutt: Yes, sir. The condition in the finding states that we retain only -- it says the word only the 25 year. That's where we are seeing the conflict. Meridian City Council November 19, 2002 Page 7 of 35 Corrie: I see. Bowcutt: But the Public Works Department can't explain where that condition came from and it's only shown up on two projects, so I'm not sure either. Corrie: Okay. Thank you. Council, any questions of Becky or staff? Bird: I have none, Mayor. Corrie: Okay. How do we wish to go on F and G, Findings of Facts and Conclusions of Law on the -- F is the request for annexation and zoning and the other is for the Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law for approval on Item AZ 02-016, the request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development, east of North Meridian Road and north of East Ustick Road, with the applicant and staff's comments stated tonight. Nary: Second. Bird: And the attorney draw -- to change the Findings of Facts and Conclusions of Law to show that. Nary: Second. Corrie: Okay. Any further discussion on the motion? Okay. Mr. Clerk, if you will read the role, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The change is approved. MOTION CARRIED: ALL AYES Corrie: H. Bridgetower Crossing. Bird: We have to do five -- we have to do G. 5-G. Corrie: Oh. 5-G. I'm sorry. 5-G. All right. I forget I was -- okay. Bird: Mr. Mayor? Meridian City Council November 19, 2002 Page 8 of 35 Corrie: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law on PP 02-010, request for Preliminary Plat approval of 145 building lots and five other lots 42.72 acres in a proposed R-8 zone for the proposed Sundance Place Subdivision by G.L. Voigt Development. To include the new comments of staff and applicant and for the attorney to draw -- to change the Findings of Facts and Conclusions of Law to show these. Nary: 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: All ayes. Motion carried. MOTION CARRIED: ALL AYES H.Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: 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 Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development – northeast corner of North Ten Mile Road and West Ustick Road: Corrie: Now, we will go to H. Is that yours, too, Becky? Bowcutt: Mr. Mayor, Members of the Council, I faxed a letter over to the Clerk's Office, which you should have. Ada County Highway District has informed us that they will not be taking any additional right of way on McMillan Road. Originally, they had requested 48 feet and had required us to remove or relocate the Settler's Canal outside of that additional right of way. This was -- this change was not initiated by us. The change I being told is being initiated internally, because they -- their right-of-way acquisition fund is lacking in dollars and so they are trying to prioritize and through WGI's research determine which roadways will be five lanes and which roadways will be three lanes. If we place our sidewalk on our landscape lot, then the existing right of way will be adequate for three lanes. They are -- the staff is putting some type of a note or letter into the file of Bridgetower stating that there will be no right-of-way acquisition on McMillan and that we will not be required to move the Settler's canal. As I stated, we did not request these changes, this was brought to my attention after the hearing before nd this body on October 22. I think it's probably best that I have a technician modify that plat to, obviously, allocate some of that area, put it back into some lots, and then we are going to leave an additional area a little bit wider than your code requires for the Meridian City Council November 19, 2002 Page 9 of 35 landscape lot in the event that they ever change their mind and I'd like to have an opportunity to get that to your staff to have them take a look at it, make sure that they are satisfied with it, but by adopting these Findings of Fact and referencing that particular plat, that's not what we are going to be designing and building. The other issue was the Fire Department. We added -- we extended an island at one of the entrances of the pod. We added a stub street. A lot of discussion took place with Planning and Zoning Commission. I thought that that Item B-11 had been eliminated, because it was talking about coming out of those same loops through the pedestrian pathway for emergency vehicle access and then, one, it was asking for emergency vehicle access where we had no pedestrian pathway. I just wanted to get that on the record also. I guess I'd want to consult with Brad on how much time his staff would need to review a revised plat. It will not take us very long to do that work, but I want to make sure that we give him ample time before it comes back before you guys. You may want to defer this out say three weeks, if that's okay with Brad, and I will try to have something to him no later than the first of the week next week, hopefully the end of this week, but since we have the holidays and stuff, we better add time. Corrie: Brad, do you concur with that? Hawkins-Clark: Mayor, I think we are okay with the three weeks. That way we can refer to the revised -- the revision date on the face of the plat and come up with a couple of modified conditions if we need to, but certainly -- certainly could not approve the findings as they are written tonight with these other agency changes. It does raise up the whole issue of, you know, if we included in our conditions just referring to the Highway District -- I know the Legal Department -- we have kind of gone back and forth. If we didn't put the Ada County Highway District's conditions, this first item we wouldn't need to worry about. It kind of raises that point again, that we could just refer to other agency comments in our findings and other agency's changes would not impact our findings. That being said, I think we concur that these -- the plat needs to be reflective of that McMillan Road issue. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Brad, what about B-11? Can you or Kenny answer that? Hawkins-Clark: Councilman Bird, I did talk with Joe Silva -- and I don't know if Kenny can speak to it tonight, but when Bridgetower Crossing East originally came through -- and this gets to the International Fire Code issue of how many single-family lots can you build with just one single permanent fire apparatus road. The new International Fire Code does reference 30 in the appendix, a maximum of 30 lots that you have to -- any more than that you have to have another way to get in. If you recall, Bridgetower Crossing East had a couple of these smaller neighbors or pods that come off of the collector and they are only served with one permanent road, but there are more than 30 lots in those. I didn't bring a picture, I'm sorry, but, basically, Joe Silva's comment was Meridian City Council November 19, 2002 Page 10 of 35 that he wanted an emergency access into those smaller pods, other than just the single permanent access road. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, have we adopted the new International Building Code in the City of Meridian? I don't recall voting on it. Hawkins-Clark: No. That's an appendix in the Fire Code. Bird: But we haven't adopted it. It's got to be adopted and until I see the whole code -- I mean until we adopt it, we are not going to -- I don't see how we can start putting those restrictions on the people until it's adopted. Hawkins-Clark: My understanding is that that's just a basis on which Deputy Chief Silva has been making the recommendations, which, of course, as a recommending condition, if the Council adopts his recommendations, then that gets into the findings, so that's just where he's deriving that recommendation from. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was this part of the discussion in the application? Was it raised as an issue at any particular time? Hawkins-Clark: Councilwoman de Weerd, yes, it was discussed some, I believe, at the Commission level. I don't believe the Council discussed that, but the Commission did discuss access points. That's where -- that's where the additional stub street came in. They did add a stub street that helped to address one of those issues. Frankly, I think it just -- we get the -- I think the Fire Department comments in this case just kind of got buried amidst the discussion and we didn't address this 30 lot issue specifically. De Weerd: Well, perhaps if we look at the revisions, this can be -- look at the minutes and try and reflect what was discussed, then, and then the applicant can comment on that after we see what P&Z actually did do. I do have a concern, though, on the right-of- way issue. As we looked at North Meridian -- and I know certain changes are going to be made and this is the whole reason for a revision, I would like to understand are they, then, redefining our roads -- our road improvement in north Meridian accordingly? I do understand that if these roads weren't on the 20-year Capital Improvement Plan, they can't be requesting right of way for roads that aren't even listed. I guess that's how I understood it. I would like to have further definition of not only on this application, how it's impacting the areas up in the north Meridian, because we put this on a number of applications, not just Bridgetower, and so if we could get an update on that, too, and Meridian City Council November 19, 2002 Page 11 of 35 maybe a chance to respond. I don't know, maybe they can ask for it -- can the city ask for it? Is it something that -- what are the long-term ramifications of it? Hawkins-Clark: Councilwoman de Weerd, Mayor, I have had the same thought process and would be happy to initiate maybe a little more in-depth discussions with Highway District staff. This will certainly be a point of discussion when the north Meridian area plan comes before you as a Comprehensive Plan Amendment, because that plan deals pretty in-depth with the 10 square mile road sections. They have some recommendations in that plan. Mike Wardle has had numerous conversations with Highway District staff about impact fees and extraordinary impact fees and how the north Meridian road sections are going to be addressed. I think everyone concurs that the multiple changes with the district's road sections are kind of tough to track. We will - - you're right it does affect at least three subdivisions that I can think off the top of my head on that McMillan section, so -- De Weerd: Yes and while this applicant might be willing to provide for future changing of the minds, I don't think all developers are that pro-active, and so we need to really see what the long-term effects are on this. Corrie: Will, did we get anything back from Wardle? Okay. I was just thinking about that. Okay. All right. With that, if Council needs to get some information, maybe we can table this until -- you're going to be gone. th De Weerd: Table it to the 17? thth Corrie: That's fine with me 17? I will take a motion to table it to the 17 of December. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we table the Findings of Facts and Conclusions of Law 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 for a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development, to December 17, 2002. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 6. Resolution No. : Approving Agreement for the Meridian City Council November 19, 2002 Page 12 of 35 Appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., to Perform City Attorney Duties and Civil Legal Services for the City of Meridian: Corrie: Number 6 is a resolution. Resolution Number 02-395, approving the agreement for the appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye, and Rossman, PA, to perform City Attorney duties and legal -- civil legal services for the City of Meridian. With all those names it's certainly better be legal. I guess we need to read the resolution -- do we -- we don't need to read the resolution. All right. Okay. Any discussion on the Resolution 02-395? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to bring forward -- and seeing how I made the motion to accept these, Mr. Nichols is the lead attorney, but Mr. Nichols don't -- I mean he can take a Tuesday night off and have somebody else here. We didn't expect him to cover every, every, every meeting, just 99 percent of them, so -- but I just wanted that to be known, that we don't expect that Bill has to be to every one of our deals. He can have a vacation once in awhile at least once a year. De Weerd: I think we need to vote on that. Nichols: Mayor, Members of the Council, all of our concerns were pretty much worked out in the revised agreement that's been signed by the president and secretary of the firm, so -- Corrie: Okay. Any other questions? Bird: On a resolution, don't we have to read by title? Corrie: Not on a resolution, on an ordinance. Bird: An ordinance. Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Resolution Number 02-395, approving the agreement for the appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, PA, to perform City Attorney duties and civil legal services for the City of Meridian. Bird: Second. Meridian City Council November 19, 2002 Page 13 of 35 Nary: And the Mayor to sign and the Clerk to attest. 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. Motion for Resolution Number 02-395 is approved. MOTION CARRIED: ALL AYES Item 7. Ordinance No. : AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 Sutherland Farm zones for proposed by Sutherland Farms, Inc. – east of South Eagle Road and north of East Victory Road: Corrie: Item Number 7 is an Ordinance Number 02-982. This is a request for annexation and zoning of 127.74 acres from RUT to C-G, L-O, and R-4 zones for the proposed Sutherland Farms by Sutherland Farms, Inc., east of Eagle -- South Eagle Road and north of East Victory Road. At this time, I'd like to have the City Clerk read Ordinance Number 02-982 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-982 an Ordinance finding that certain land to be known as Sutherland Farms Subdivision, located one half mile south of Overland Road on the east side of Eagle Road, 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 has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) 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 02-982 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, I will entertain a motion on the request for ordinance. De Weerd: Mr. Mayor? Meridian City Council November 19, 2002 Page 14 of 35 Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-982, request for annexation and zoning of 127.74 acres from RUT to C-G, L-O, and R-4 zones for the proposed Sutherland Farms and ask the attorney to -- oops -- to have the Mayor sign and the Clerk attest with the suspension of rules. Bird: Second. Corrie: Motion has been made and seconded with the -- 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 carried for the ordinance. MOTION CARRIED: ALL AYES Item 8. Ordinance No. : AZ 02-018 Request for Bair annexation and zoning of 5 acres from RUT to L-O zones for Property Annexation by Donn Reiswig – 3975 East Franklin Road: Corrie: Item Number 8 is an Ordinance Number 02-983. This is a 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. I will now ask the Clerk to read Ordinance Number 02-983 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-983 an Ordinance finding that certain land to be known as Touchmark Living Centers, located at the south side of Franklin Road, one half mile east of Eagle Road, 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 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 Limited Office District (L-O) 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 the reading of Ordinance Number 02-983 for Bair Property Annexation. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-983. Meridian City Council November 19, 2002 Page 15 of 35 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approved Ordinance Number 02-983, request for annexation and zoning of five acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig for the Mayor to sign and the Clerk to address, with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 02-983 with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Ordinance Number 02-983 is approved. MOTION CARRIED: ALL AYES Item 9. Ordinance No. : AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc. – 4365 North Ten Mile Road: Corrie: Item Number 9 is an Ordinance Number 02-984. This is a request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc., 4365 North Ten Mile Road. At this time, I will ask the City Clerk to read Ordinance Number 02-984 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-984 an Ordinance finding that certain land to be known as Drawbridge Subdivision, located on the west side of Ten Mile Road, approximately one quarter mile south of McMillan Road 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 Lee and Jill Woodbury 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 Rural Medium Density Residential District (R-3) 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. Meridian City Council November 19, 2002 Page 16 of 35 Corrie: Okay. You have heard the reading of Ordinance Number 02-984 by title only. Is there anyone from the public that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance Number 02-984. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Ordinance Number 02-984, request for annexation and zoning of 5.01 acres from RUT to an R-3 zone for the proposed Drawbridge Subdivision by Pinnacle Engineers and for the Mayor to sign and the Clerk to attest and pursuant to Idaho Code with suspension of rules. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 984 with suspension of rules. Any further discussion? Roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved on Ordinance Number 02-984. MOTION CARRIED: ALL AYES Item 10. Ordinance No. : AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for Castlebrook Subdivision proposed by Crestline Development, LLC – 950 North Black Cat Road: Corrie: Item Number 10 is an Ordinance Number 02-985. This is a request for annexation and zoning of 39.96 from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC, 950 North Black Cat Road. At this time, I would like to ask the clerk to read Ordinance Number 02-985 by tile only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-985 an Ordinance finding that certain land to be known as Castlebrook Subdivision, located on the east side of Black Cat Road, one half mile south of Cherry Lane 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 Bernard L. McFadden and the Bernard L. McFadden Life Estate 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 Low Density Residential District (R-4) 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 Meridian City Council November 19, 2002 Page 17 of 35 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: You have heard the reading of Ordinance Number 02-985 by title only. Is there anyone from the public that would like to have this read in its entirety? Hearing none, I will entertain a motion for Ordinance Number 02-985. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve Ordinance 02-985, request for annexation and zoning of 39.96 from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, pursuant to Idaho Code, with suspension of law -- or suspension of rules, and the Mayor to sign and the Clerk to attest. Nary: Second. Corrie: Motion has been made and seconded for Ordinance Number 02-985, with suspension of rules. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion approved for the ordinance. MOTION CARRIED: ALL AYES Item 11. FP 02-023 Request for Final Plat approval of 54 building lots and 7 other Tuscany Lakes No. 1 lots on 24.36 acres in an R-4 zone for by Gem Park II – south of East Victory Road and east of South Locust Grove Road: Corrie: Item Number 11 is a request Final Plat approval of 54 building lots and seven other lots on 24.36 acres in an R-4 zone for Tuscany Lakes No. 1 by Gem Park II, south of East Victory Road and east of South Locust Grove Road. At this time I would invite staff to comment on this request. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. You should have received recommended conditions from staff, dated November 12, 2002. This is the first phase of a multiple phase Tuscany Lakes Subdivision. It's faint on the screen, but hopefully you can see the South Locust Grove Road is here. It is south of Victory. Sherbrooke Hollows Subdivision is on the north side of Victory. Phase Number 1 that we are talking about tonight is the first phase coming off of Locust Grove. This is a more detailed look at the plat. It is in conformance with the Preliminary Plat that the Council approved. It does have a single point, ingress-egress point off of South Locust Grove here. It has essentially two loop roads coming through Ten Mile Creek now that Meridian City Council November 19, 2002 Page 18 of 35 is on the border here to the east. They are providing a stub with a bridge across Ten Mile Creek here, more or less in the middle of this phase. There is one fairly large common open lot here in the northeast corner of the subdivision. The density is about 2.21 dwelling units per acre on this particular phase. I think the -- probably the only condition to maybe draw to your attention is the fact that they do have an emergency access here at the corner, so there are two ways for emergency in and out. This emergency access easement will have to be in place until a permanent secondary access is complete. That lot will have a deed restriction for that period of time. Besides that, I believe the applicant is an agreement with our recommended conditions and we ask that you incorporate those into your motion. Corrie: Thank you. Any comments from staff? Okay. Is the applicant or their representative here this evening? Brown: I'd just stand for any questions if you had any. Corrie: You're in agreement with everything? Brown: Yes. Kent Brown, for the record. Corrie: Any questions of Kent? Bird: I have none. Corrie: Thank you, Kent. Any further discussion? Okay. Then I'll entertain a motion on the request for Final Plat approval of Tuscany Lakes No. 1. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 54 building lots and seven other lots on 24.36 acres in an R-4 zone for Tuscany Lakes No. 1 by Gem Park No. II, and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat as the motion. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Three ayes. One no. Motion is carried. MOTION CARRIED: THREE AYES, ONE NAYE Meridian City Council November 19, 2002 Page 19 of 35 Item 12. FP 02-024 Request for Final Plat approval of 52 building lots and 5 other Saguaro Subdivision No. 1 lots on 20.26 acres in an R-4 zone for by Farwest, LLC – south of East Victory Road and west of South Eagle Road: Corrie: Item Number 12 is a request for Final Plat approval of 52 building lots and five other lots on 20.26 acres in an R-4 zone for Saguaro Subdivision No. 1 by Farwest, LLC, south of East Victory Road and west of South Eagle Road. Staff? Brad, comments? Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This phase is the eastern most of the Tuscany -- what was originally Tuscany Lakes plat -- Preliminary Plat. Probably the main item to point out is that the applicant has requested a name change from Saguaro to Messina Village. The spelling that is in the staff's report dated th November 12 is not correct. It should be, I believe, M-e-s-s-i-n-a, not M-a-s-i-n-a. This, as you may recall, was part of a -- was a separate ownership here, this 40 acre parcel, which was originally -- I believe Marty Goldsmith and that has now changed hands, that's one of the reasons for the name change, but this phase is just the eastern half of this 40 acres. This is a more detailed look at the Final Plat. They are proposing to construct a new residential collector road here off of Eagle Road that would extend -- this is a future elementary school site, so the collector road that they would construct at this phase would extend to that future elementary site, should the Joint School District decide that they need access to that. There is just a single point of access here off of South Eagle Road and then it breaks off. There are two points into the subdivision there off of the collector. Staff has recommended standard conditions. The applicant has reviewed those and is in agreement, so we would recommend that you include our th November 12 conditions in any motion you make. Corrie: Questions from Council of staff? Bird: I have none. Corrie: Okay. Is the applicant or representative here this evening? Same? Brown: Kent Brown again and we just wanted to make sure that when it does get approved, it gets approved as Messina versus Saguaro. I can't even pronounce Saguaro, so I'm happy -- how do you say it? Nichols: Saguaro. Brown: Saguaro. So I'm glad that it's gone, but, hopefully, you will help us make that go away. Mr. Goldsmith would like to keep that name for a future subdivision and we are trying to keep within Italian and change the name. We have got approval from the Street Naming Committee, we have changed all the names, and we will be before you th on the 10 when Messina Hills, which will then connect us to Victory Road. This collector that you see on the north here will go around the school site and connect up to Victory and if there any questions -- Meridian City Council November 19, 2002 Page 20 of 35 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Brown, could you spell it again? Brown: M-e-s-s-i-n-a. Corrie: Okay. Any other discussion? Okay. Hearing none, I will entertain a request for the final plat on Messina Village. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of FP 02-024, the request for Final Plat approval of 52 building lots and five other lots on 20.26 acres in an R-4 zone for the renamed Messina Village Subdivision No. 1. Would that be correct? By Farwest, LLC, pursuant to the staff report comments of November 12, 2002, and for the attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made to approve the Final Plat on the Messina Village No. 1. Is there any further discussion? Hearing none, roll call from, Mr. Berg. Roll call vote: McCandless, naye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Three ayes. One no. Motion approved. MOTION CARRIED: THREE AYES, ONE NAYE Item 13. FP 02-025 Request for Final Plat approval of 72 building lots and 9 other Bridgetower Crossing lots on 32.46 acres in an R-4 zone for Subdivision No. 3 by Primeland Development Company, LLP – east of North Ten Mile Road and south of West McMillan Road: Corrie: Item Number 13 is a request for Final Plat approval of 72 building lots and nine other lots on 32.46 acres in a R-4 zone for Bridgetower Crossing Subdivision No. 3 by Primeland Development Company, LLP, east of North Ten Mile Road and south of West McMillan Road. Staff comments first on this request. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The Bridgetower Crossing Subdivision. This is the third phase. It is the phase that is more or less going to connect the project between Ustick and Ten Mile and Ustick Road is here and this is going to be here north of Phase 2 and then it will curve around and hook up to Phase Meridian City Council November 19, 2002 Page 21 of 35 Number 1, which is adjacent to Ten Mile Road here. They are extending the residential collector street that has already been constructed and stubbed to the south boundary here, so that will be constructed. They do have their landscape buffer lot as -- it's been out there on the first part of Bridgetower Crossing. It's must more or less continuing that same landscape theme all the way up and around and it will continue out to Ten Mile th Road. The staff has sent November 14 comments to you. We have received written -- written comments back from Becky Bowcutt on this project. They are -- Becky stole my th copy. Oh. Becky's comments are dated November 19. On Item Number 7, she's talking about the fencing. This has been discussed on, I believe, both previous phases of Bridgetower Crossing. They have vinyl fencing there along their micropath lots and that was staff's oversight that the Council has essentially approved a specific type of fencing there that's four foot vinyl with three-quarter inch spaces between the slats and then they have lattice on top, instead of -- instead of just a four foot fence, they wanted to have the lattice. That request on Item Number 7 is consistent with what Council has approved for previous phases of Bridgetower Crossing. Item Number 9 deals with the Coleman Lateral. On the Preliminary Plat the Coleman Lateral was shown with its 30 -- I believe a 30 foot wide easement to course some of these lots here in the northeast corner of this phase. What Becky is saying is that they have now piped it and it is fully located within the common lot that runs along the collector. None of the -- none of these lots are going to be impacted by that Coleman Lateral easement, as we once thought they were. It's just a clarification there. Then Item Number 17 deals with the same issue that was brought up earlier this evening on another project about the Highway District's requirement to engineer their storm water retention areas with hundred year storms. She's suggesting that the condition either needs to be removed or modified. I think if we just change it to reflect 100 year, instead of 25. Mr. Watson is in agreement with that, if we just modified, instead of removed that to 25 -- I mean change 25 to 100 year. It looks like they are in agreement with all of our other th recommended conditions. Again, that's our November 14 memo. Corrie: Any questions from staff? Bird: I have none. Corrie: Okay. Becky, do you want to say anything or are you in agreement with -- okay. Let the record show that she notified thumbs up on that that she agreed. Council, any questions? Bird: I have none. Corrie: Okay. Then I'll entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council November 19, 2002 Page 22 of 35 Bird: I would move that we approve the request for the Final Plat approval of 72 building lots and nine other lots on 32.46 acres in an R-4 zone for Bridgetower Crossing Subdivision No. 3 by Primeland Development Company, east North Ten Mile Road and south of West McMillan Road. With staff comments Item Number 7 and Number 9 being changed as stated by Brad Hawkins-Clark and Item Number 17 being changed from 25 years to 100 years as per ACHD's requirement and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded for the request for Final Plat approval on Bridgetower Crossing Subdivision No. 3, with the changes noted in the conditions in the motion. Any further discussion? Hearing none, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is carried. MOTION CARRIED: ALL AYES Item 14. Continued Public Hearing from November 12, 2002: RZ 02-003 Cherry Lane Request for a Rezone of 4 acres from R-4 to L-O zones for Christian Church by Cherry Lane Christian Church – 2511 West Cherry Lane: Item 15. Continued Public Hearing from November 12, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church – 2511 West Cherry Lane: Corrie: Item Numbers 14 and 15 for the public, this is a Continued Public Hearing on the Cherry Lane Christian Church for a request for a rezone and also a request for a Conditional Use Permit. We have notification from the applicant that they would like to rd have this continued until December the 3 and since this is a Continued Public Hearing, is there anyone here who would like to issue testimony at this time? Okay. Council, you have heard the request. I'll entertain a motion on that request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for RZ 02-003, request for rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church until December 3, 2002. Meridian City Council November 19, 2002 Page 23 of 35 Corrie: Okay. Do I hear a second? Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing on the request rezone of the Cherry Lane Christian Church. Any further discussion? All those in favor of the continued Public Hearing say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Item Number 15. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for CUP 02-027, the request for a Conditional Use Permit for a preschool and school to prepare children for kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church until December 3, 2002. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until December the 3, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 16. Public Hearing: AZ 02-025 Request for annexation and zoning of 6.24 Betty Lou Britton acres from RUT to R-2 zones for by Betty Lou Britton – 3680 West Ustick Road: Corrie: Item Number 16 is a Public Hearing. This is a request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton, 3680 West Ustick Road. At this time I will open the Public Hearing and request staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I believe you are somewhat familiar with this site. This applicant was before you a couple of months ago regarding their septic and drain field situation, because the Central District Health Department was no longer approving that because of its failure. They did come and you approved them hooking up to city sewer. This application is essentially in response to the condition that they annex once they hooked up to the city services. The request Meridian City Council November 19, 2002 Page 24 of 35 on the application was to an R-2 zone, which is the same zone as the neighbor to the east here, Charles Crane, who is also annexed into the city, even though this map doesn't show the color there, but there is existing city limits here on the south side of Ustick and then Charles Crane property here to the east. It is approximately 6.2 acres in size. The parcel does fall within our urban service planning area in the Comprehensive Plan. It falls within that newly designated area called the Mixed Use Wastewater Treatment Plant. Staff had recommended that the R-2 not be approved because it did not match the City Council's desires on that mixed-use area. We had talked, if you remember, about no new residential uses adjacent to our treatment plant. The Planning and Zoning Commission did review that. I guess we don't have anything else. The recommendation that came out of the Planning and Zoning Commission was for approval, but it was to a C-N or neighbor commercial zone, not the R-2. I'll let the applicant kind of address what other things she would like to. I think, really, the main other issue that came up was regarding livestock that our currently on the property and per Meridian code they can be maintained, unless that land use ceases for a year, and then livestock are prohibited after that point. That's just standard -- standard code, the applicant has agreed to limit the livestock on the land to what’s currently there, and that's also in the recommendation from the Planning and Zoning Commission. Unless you have any questions, that's all I have on that one. Corrie: Thank you, Brad. Any questions at this point. This is a Public Hearing. Have the applicant Betty Lou. 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? Britton: Yes, sir. Corrie: If you will give your name and address, please. Britton: I'm Betty Lou Britton, 3680 West Ustick. Well, I would like to be in a residential. They suggested I go to C-N and as long as my house is still there, I really don't care. The livestock I think is a little ridiculous, that I just have to have three, because six acres will take care of five or six and I just have this rented to three now, but I could rent it to four or five and make more money. That's up to you guys. Six acres will carry at least two horses to an acre so I think it's kind of silly to limit it to just three, just because I had three there. I might want a horse -- a chicken or two. Corrie: Okay. Britton: Maybe a pig or a goat. Corrie: I don't want to go there, Betty Lou. Britton: Don't do it. Corrie: Okay. Meridian City Council November 19, 2002 Page 25 of 35 Britton: Any questions? Corrie: Any questions of -- okay. Thank you very much. We have some sign-ups here that would like to testify, if you wish. One is Calhoun. Mrs. Calhoun. Okay. You're for it. How about -- is it Rod? Do you want to testify or just -- okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ralphs: It is. Corrie: Name and address, please. Ralphs: Members of the Council, my name is Rod Ralphs. I live at 2730 North Greenbelt Place in Meridian, Idaho and I'm here on behalf of C&B, Inc., a prospective buyer of the property. We are also interested in having this property go to residential and we were there at the Planning and Zoning Meeting. We understand the concerns that the city has with the recent adoption of the Comprehensive Plan and as we proceed forward with the sale, if it goes forward, the original intent and the original understanding with the original application was for R-2 and that that was going to happen. We have started layouts for residential applications and we feel that given the unique nature of this property, that with landscaping and berm layout, we can address the concerns of sound, light, and smell that the Council has with this. As far as the amendments to the master plan that you have recently adopted involving this area next to the Wastewater Treatment Plant, we note that the map can only be amended at least once every six months and on a textual basis it could be changed once a month, if so -- if so possible. With that in mind, we would ask that the application asked for by Mrs. Britton from an RUT to an R-2 be granted and that's all we have. Corrie: Any questions? Bird: I have none. Corrie: Thank you. Anyone else from the public like to issue testimony? Okay. You had one more shot if you had anything else you to want add, Betty Lou. Okay. Thank you Council, discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got a question for Brad. Brad, what is the real -- why does the staff not want an R-2? Hawkins-Clark: Councilman Bird, the sole reason is because of the Comprehensive Plan policy that says in this area around the plant, didn't want to see new residential. As you recall, there was some difficulty as to what is appropriate around the Wastewater Treatment Plant. Certainly any existing houses, you know, are not Meridian City Council November 19, 2002 Page 26 of 35 impacted, because they are legal non-conforming uses, so they can continue to use them. I think much of the discussion, you know, some months ago revolved around the conversion of this area -- and, of course, we had the Utility Subdivision application immediately to the east of Mrs. Britton's property, that the City Council denied its industrial uses. Granted, it is a tough area to look at long range and imagining full city build out what are the appropriate urban uses. In many ways, the existing low density rural residential is appropriate. Horses are probably about as good a use as you could have there. It is in our urban service planning area and it needs to be designated for some form of Meridian use, so we went with the light commercial, warehousing, light office type approaches, so that was our reason. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I had a different question, it's sounds like, than the first one, the way this language in the recommendation reads, it says the application has agreed to limit livestock upon the land to that currently living upon the land. Now, the way I read that is that it's not the number -- I think that the intent was that the number and type of livestock that she currently has she can maintain, not that the three horses that she has now are the only three horses they could ever have. But -- did I -- wasn't that the intent? It's the type of use she has currently she can continue to have. She can replace the horses she just can't get more horses. Isn't that what we meant? Hawkins-Clark: Councilman Nary, that's generally right and our interpretation of the ordinance. Nary: Okay. Hawkins-Clark: Yes. Nary: The way it reads, it makes it sound like what she's got is all she has to have and once those animals die or move, then she can't add anymore, can't put them back, and I don't think that's what we meant, so I guess we probably need to clarify that in that condition when we do the findings, that we simply meant the type of use that's now -- the current number of animals can remain the same. Hawkins-Clark: The ordinance reads all poultry or livestock presently kept or maintained prior to the passage of the ordinance shall be allowed to continue. Nary: Yes. The language appears to limit it to the ones that are actually currently there now and I don't think that's what we meant. We meant the number and type. Corrie: Thank you. Nary: Thank you. Meridian City Council November 19, 2002 Page 27 of 35 Corrie: Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I will bring up the other issue. We have got a big orange 500-pound guerilla now around that Wastewater Treatment Plant that we didn't know what to do with when we made it and we don't know what to do with it now. Bird: We don't know what to do with it now that we have made it. Nary: Now we don't know what to do with it now and I guess the problem is I think staff is correct, that that's what it is and that's what they have to recommend, because that's what the zone is and that's what it is designated in the comp plan and until we change it, that's what we have to stick with. It has to be some sort of non-residential use. Now, what makes some sense for development and maybe in this process that we are looking at amending the Comp Plan, amending the map? All of the things that are the natural progression of, but we need to look at -- I guess the bottom line of what I thought we talked about -- and I remember this area, of course, but we really wanted to be able to have some idea of what goes there. We wanted the people to have notice. We wanted the Council and the Mayor to have notice as to what people wanted to do there. We did talk pretty strongly about residential, but I think what's been brought up by the developer is a fair assessment. It depends on what it is. It depends on how they want to build it. It depends on what it's going to look like. There is a lot of depends that I think we at least need to have the ability to look at it. I don't think we left us that option right now. I think we probably have to look at a non-residential use, but we have to work towards amending our Comp Plan, amending our map, and allowing some flexibility, because I think what we had talked about predominately with those neighbors was they wanted to know what it was going to be. They just wanted to know what was going to be there and I think that's what our main concern was is knowing what it would be and trying to make -- try to make some sense out of this area that over the course of time, before any of us were here, it's evolved and changed three or four different ways that I think is very fair from the development community and we heard comments previously that they don't know what they want -- they don't know what to do, because we don't know what we want. We just don't think we want what's currently proposed and I think we need to look at that, but I don't know that we can do it different today. I think we are kind of stuck to what we have today. Now, maybe I'm wrong and someone can tell me that we don't have to do it like that, but I don't know that we can. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I would concur with what's been said, although -- and I know we don't like to annex without a plan. However, I believe it was a condition of hooking up to Meridian City Council November 19, 2002 Page 28 of 35 our services that this would even be considered at this time. We are stuck with the -- not stuck, she's stuck. Britton: Seven thousand bucks worth. De Weerd: We are, right now, limited to what can be done with this falling into the zone that we designated as a special mixed use within that area. I would concur with what Councilman Nary has said, that right now this is what we can do to help the applicant live up to her end of the agreement in connecting to our services and hope that she can work with the developers who have an interest to find a plan. Then, accordingly, come to the city with their recommendation. Corrie: Any other discussion? Okay. If there isn't any further discussion on the Public Hearing, I will entertain a motion to close the Public Hearing. Nary: Mr. Mayor, I'd move that we close the Public Hearing on Item 16. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Item Number 16, AZ 02-025. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request? Okay. Hearing none, I will entertain a motion on the request for annexation and zoning. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of AZ 02-025, request for annexation and zoning of 6.24 acres from RUT to a C-N zone pursuant to the recommendation of the Planning and Zoning Commission and the request for Betty Lou Britton by Betty Lou Britton at 3680 West Ustick Road, with Council to prepare Findings of Facts and Conclusions of Law pursuant to those recommendations. The only amendment at this juncture I would make is that on recommendation Number 5 that we clarify that the applicant has agreed to limit the number and type of livestock upon the land to that currently living there at the time of this application. That it is clear that whatever type of animals and the numbers that she has is something that she can maintain and it doesn't have to be the same animals. Bird: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council November 19, 2002 Page 29 of 35 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 17. Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a Joni R. West child care facility for 12-24 children in an R-15 zone for by th Joni R. West – 923 East 4 Street: Corrie: Item Number 17 is a Public Hearing, request for Conditional Use Permit for a child care facility for 12 to 24 children in an R-15 zone for Joni R. West by Joni R. West, 923 East 4th Street. At this time I will open the Public Hearing on this CUP request with a note that a letter has been sent by Mrs. West that she does not wish to contest the recommendation by the Planning and Zoning to deny her request, but since this was noticed as a Public Hearing -- and it looks like everybody has left the courtroom, so I will open the Public Hearing and, staff, do you have any comments? Hawkins-Clark: Mr. Mayor, not really. As you saw the minutes, there was quite a bit of opposition to this application, so we have had conversations with her at the department and she's looking to get a transfer of a Conditional Use Permit of Kinder Kollege on Cherry Lane as an alternative to this. Corrie: Okay. Is there anyone else from the Public that would like to issue testimony? Okay. Council, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on the CUP request. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: I guess we can make a motion to fail the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the recommended denial of CUP 02-029, the request for a Conditional Use Permit for a child care facility for 12 to 24 children in an R- 15 zone for Joni R. West by Joni R. West and for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order pursuant to those recommendations from the Planning and Zoning Commission for denial. Meridian City Council November 19, 2002 Page 30 of 35 Bird: Second. Corrie: Motion on Item Number 17. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, if I may make a suggestion that might save us a little work. Corrie: Sure. Nichols: If staff could obtain a letter from Mrs. West that withdraws her application, then we do not have to prepare the findings of denial. You know, she says she's not going to appeal the decision, but if we could just have her sign something that says she withdraws her application, that would be sufficient. If she doesn't, then we can go ahead and prepare those findings to deny the CUP. Hawkins-Clark: Sure. We can get that and submit it. I assume this item, then, would need to be either tabled or continued? Tabled or -- no? Corrie: Just the letter her signing that she is withdrawing. That's what she told me in the office, that she wasn't going to -- Nary: Either in two weeks we would have a finding or if we didn't get it within a fairly short period of time, then either Mr. Nichols would just need a little more time to get it down, if she didn't want to do that, or something -- or she could just give us that within a few weeks. Is that fair? Hawkins-Clark: We will contact the applicant and ask her for that letter. Corrie: Okay. Corrie: Item Number 18, water, and sewer -- Bird: We have got to still move -- we have still got to vote on that, because, then, if it doesn’t come through he has to draw up the Findings of Fact. Corrie: Okay. Motion made and seconded. Who seconded that? Bird: I did. Corrie: Mr. Bird. Okay. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Meridian City Council November 19, 2002 Page 31 of 35 Corrie: All ayes. MOTION CARRIED: ALL AYES Item 18. Water, Sewer and Trash Delinquencies: Corrie: This is to inform you in writing that the delinquency turn-off schedule for November 20, 2002, that if you so choose you have the right to a predetermined hearing at 7:30, Tuesday, November 19, 2002, before the Mayor and City Council to appear in person to be judged on the facts and defend the claims made by this city that your water, sewer, and trash bill is delinquent. You also may retain counsel. The service will be discontinued on November 20, 2002, unless payment is received in full. Is there anyone present who wishes to contest his or her water and sewer delinquency? You are hereby informed that you may appeal of 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 turn-off list is 25,722.51 dollars. I will entertain a motion to approve the delinquency turn-off list. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will make a motion here in a minute, but I take it that -- and I understand that they couldn't get the notations out on these late ones like we were going to do. It was too soon, wasn't it, Gary, to get the change? We will probably see that next month or -- where you have a notation on some of these late ones. They do look a lot -- they are a lot cleaner this month than they are -- they have been and I appreciate that. With that, Mr. Mayor, I would move that we approve the delinquency turn-off for November and -- for the turn-off of November 30, 2002, unless payment is received. The total sum of 25,722.51 dollars. Corrie: Do I hear a second? Nary: Second. Corrie: Motion made and seconded. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Just before we close, as you know, we did have a COMPASS Meeting Monday, in which the new draft for the reorganization of COMPASS was given to us. I think that I will see that you all get copies of that for your edification. My question is when would th you like to discuss that? The next meeting of COMPASS will be the 16 of December, which I doubt very sincerely that they will get a vote at that point, but we would like to thth discuss it the next Council Meeting or -- we need to do it before the 16 and the 10, th which Tammy isn't going to be here. If you'd like to discuss it the 26, we certainly can. Meridian City Council November 19, 2002 Page 32 of 35 rdth I won't be here the 3 and she won't be here the 10, so maybe we ought to have a th Pre-Council Hearing on the 26 and discuss it with Council. Okay. I will see that you get all the information. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we did get the COMPASS packet. Bird: Yes, we did. Corrie: Did you get all of it? Okay. Good. All right. And then did you get also -- I believe there is a letter that also accompanied today that Sherry Huber -- you all got that? Okay. All right. If you have any questions, see me or Tammy, we are both on that board, and we had that meeting and notes, so -- De Weerd: Mr. Mayor? Corrie: Yes. De Weerd: I will have information, then, for the Council on our parade situation. I will work with Mr. Bird on planning the appropriate vehicle for the Mayor to ride in, compared to our little bumper cars. Corrie: Now wait a minute -- Nary: Very open-ended. Corrie: It's very open-ended. Bird: I thought we decided we were going to ride in the new fire truck. Corrie: We will decide on that. Okay. De Weerd: One other thing. The Mayor, Will, and I discussed possible dates for a workshop discussion on the USGA report that came out. I think I got the acronym right. The only thing we thought of, if we wanted to do it before the end of the year, was th December 18, which is a Wednesday. I don't know if that works for the rest of you, but if you can let the Mayor know, so if that works he can notify the appropriate people and we can -- Bird: What is it, an all day workshop or something? th Corrie: Bill and Joann, I think, are talking right now and we are trying to see if the 18 is a good day, right, Bill, or -- if we can. Meridian City Council November 19, 2002 Page 33 of 35 Nichols: Mr. Mayor, I haven't spoken with Ms. Butler, attorney for the golf course, since before the last meeting when that was presented. One of the issues that has to be researched is what the city's obligation and liability is within the lease with regard to maintenance of the course and so that's on my plate to do. I think it -- I don't know if your workshop envisions having the golf course folks here or if it was just internal with city staff, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I envisioned having everyone here, including the old Golf Course Committee and all those people that are much more knowledgeable about it than I am on the deals and I -- that's why I thought we was going to do it in the evening, so that those people can th be here, too. I thought it was set for the 18. I kind of thought that's what we had set up and I thought that -- Corrie: Well, we definitely need to know what's in the lease. Bird: Yes, we do. Corrie: We need to have an understanding what's in there, so we can talk intelligently, th because if they can get that done, then maybe we can have it by the 18 and I don't have any objection to when we do it or what the time is. I just want to make sure that everybody, our attorney and their attorney, at least has gone through and understands th that there is a lease. If they can get it by the 18, I have no objections myself, and you can have it during the evening or -- as a workshop, but I really would like to make sure that both attorneys agree on the date here and when they do, then I can interview and call the people that are involved. It's a big problem, so it's not going to be handled very quickly. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: And I also agree -- and that's why I think some of the people that were involved originally needs to be here, because I believe the Cherry Lane was -- and I think it probably come out from the agreement that that course was supposed to be in a certain shape when it was turned over, but, you know, nobody knew that the developer was going to go bankrupt on us or anything else. I mean there are just a lot of circumstances on that golf course. I think that -- I agree with you a hundred percent, we need to see what the lease says and what it don't say. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council November 19, 2002 Page 34 of 35 De Weerd: The Mayor has a list that he had on whom he feels should be there, too. If you can maybe work with him, you know, and I know that the mayor was very comprehensive with his list, so -- and I guess we need to hear from Mr. Nichols, if he th can do a review by the 18, because that will be the key, as the Mayor stated, to any further discussion. So -- Nichols: Mr. Mayor, Members of the Council, I don't think it will be a problem to get something to you on that issue. I mean the issue is what's our obligation with regard to the condition of the course and maintenance, essentially. I think that -- there is not going to be pages and pages of language in that lease to analyze for that, so I think that will be fairly straightforward. It's only if we get into some ambiguities that, then, we have to go outside of the document to try to explain those. We will look at it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess since it is a lease issue, I don't know if that would require maybe an executive session to speak to a lease. We could maybe do an early session with pizza at 5:00 and then have the workshop start at 6:00 or something. I don't know the dealings with it, but we may want a briefing, even if it is public, just prior to the -- all the entities coming in and sitting down and so I guess if you could work that with the attorney as well on that kind of a structure. Corrie: I agree, Mrs. de Weerd, that we need to understand before we go into that what it says, so we all understand it, because it can get -- it may be difficult if we don't. Maybe we can have, like you say -- I don't know whether pizza is the right word or not, but sandwiches or -- De Weerd: Whatever. Corrie: Okay. If we can get it, I will maybe set it up early for the executive session and th have the workshop the 18. Well, I will let you all know. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Could we have an Executive Session -- I mean unless -- I guess if the issue, from your perspective is if there is potential litigation or something like that, then, yes. Okay. Corrie: Okay. Then we will -- De Weerd: I don't know. I just threw that out. I'd like it set up to -- Meridian City Council November 19, 2002 Page 35 of 35 Corrie: There is a good possibly there won't be, either. Once you get the public involved, it's going to emotional, so -- all right. Good anything, Council, for the good of the Council? Hearing none, I'll entertain a motion to close. De Weerd: So moved. Nary: Second. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES Corrie: 8:35. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK