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HomeMy WebLinkAbout2002 06-18 Meridian City Council Special MeetinQ June 18. 2002 The regular meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, June 18, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Gary Smith, Brad Watson, Mike Worley, Will Berg, Ken Bowers, David McKinnon, Bill Musser, Tom Kuntz, and Dean Willis. Item 1: Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie Corrie: I will open the City Council regular meeting of Tuesday, June 18th, 2002, at 6:30 and we will have roll call, please, Mr. Clerk. Item 2: Adoption of the Agenda: Corrie: Okay. First, let me say welcome, everybody, here this evening. Also special thank you to Troop 190 in Meridian to be attending the meeting today. Hope we help you on the scouting projects tonight. Council, we have the adoption of the agenda, Item No.2. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Two changes on the Consent Agenda. Item J we'd like to move on 6-J and L we'd like to move to 6-L, so discussion can be taken care of and with that I'd move that we approve the Agenda as published. McCandless: Second. Corrie: Motion has been made and seconded to approve the Agenda published, with the recommendation of the removal of two items on the Consent Agenda. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes from May 21, 2002 City Council Regular Meeting: B. Approve minutes from May 29, 2002 City Council Joint Workshop with Ada County Highway District Meridian City Council Meeting June 18, 2002 Page 2 of 61 C. Approve minutes from May 29, 2002 City Council Regular Meeting: D. Findings of Facts and Conclusions of Law: CUP 02-008 Request for a Conditional Use Permit for a drive-thru window and drive-thru lane at an existing Moxie Java coffee shop by Avest Limited Partnership - 1800 North Locust Grove Road: E. Findings of Facts and Conclusions of Law: CUP 02-009 Request for a Conditional Use Permit for a residential development consisting of four town- house style units in a two story building in an O-T zone for Thornton Four- Plex by Scott J. Thornton - 121 East King Street: F. Findings of Facts and Conclusions of Law: AZ 02-007 Request for annexation and zoning of 40 acres from RUT to R-4 zones for proposed Marlin Subdivision by Winston Moore - north of 1-84 and east of South Linder Road: G. Findings of Facts and Conclusions of Law: PP 02-008 Request for Preliminary Plat approval of 152 building lots and 5 other lots on 40 acres in a proposed R-4 zone for proposed Marlin Subdivision by Winston Moore - north of 1-84 and east of South Linder Road: H. Findings of Facts and Conclusions of Law: CUP 02-010 Request for a Conditional Use Permit for a Planned Development for single-family residential lots in a proposed R-4 zone for proposed Marlin Subdivision by Winston Moore - north of 1-84 and east of South Linder Road: I. Findings of Facts and Conclusions of Law: VAR 02-006 Request for a variance to city ordinance to allow an off premise sign at the southeast corner of E. Fairview Avenue and N. Locust Grove Road by Locust Grove Ltd.. LLC: J. First Addendum to Consent to Annexation Agreement for Edinburgh Place No.2 - Corrected Legal Description: K. Beer and Wine License for Carol J. Snider dba Harks Corner - 1651 W. Franklin Road: L. Appointment of Impact Fee Committee Members and Administrator: M. Contract with W & H Pacific to survey the Borup Property (29 acres on West Cherry Lane): N. Change Order Number 3 for Meridian Settlers Park by American Paving (for installing sewer main, additional survey, concrete and earthwork): Meridian City Council Meeting June 18, 2002 Page 3 of 61 O. Award of Contract for Waste Water Treatment Plant Diesel Storage Tank Project: P. Change Order Number 1 for Black Cat / Ustick Water Line Project: Corrie: Now we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we approve the Consent Agenda with the two items that have been moved to the regular agenda. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll- call vote, Mr. Clerk. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 4: Swear in New Police Officer - Meridian Police Department: Corrie: At this time we will be having a swearing in of a new police office of the Meridian Police Department. So if Corby would come forward and the chief, I'll let the chief start fi rst. Worley: If Corby could come up. Mayor, Members of the Council, and citizens of Meridian, Corby Christensen just recently joined the Meridian Police Department. He was born in Boise, raised in the Treasure Valley, attended Vallivue High School. He graduated from the College of Idaho in 1985 with a BS in business and psychology. He has a long career in law enforcement, started with the Nampa Police Department in 1983, moved to Boise in 1985, and the Ada County Sheriffs Office in 1988 where he worked until we were lucky enough to bring him aboard just recently. He's worked just about every aspect of law enforcement that can be done, including patrol, warrants, he was a school resource officer, and received a citation for his work as a lead investigator on the Dennis Vary homicide, if you remember that from a few years ago. He's also a crime scene investigator, field training officer, has a master's certificate from the POST Academy and is an instructor at the POST Academy, so we are -- feel very fortunate to have Corby on board with the Meridian Police Department. So, Mayor, if you would like to administer the oath. Corrie: Thank you. Well, we are getting a winner here. Corby, if you will raise your right hand and repeat after me. Meridian City Council Meeting June 18, 2002 Page 4 of 61 (Oath given.) Corrie: Congratulations. Worley: One of the defining moments of a new police officer is the first time the badge is officially pinned on following the oath and we generally ask someone significant to the officer to do that honor. So, Jane, if you would come up. If you want to introduce her. Christensen: It's my privilege to introduce my wife of 18 years Jane Christensen. Worley: Mr. Mayor and Members of the Council, Citizens of Meridian, please join me in welcoming Officer Corby Christensen. Item 5: Department Reports Item 6: (Items Moved from Consent Agenda J. First Addendum to Consent to Annexation Agreement for Edinburgh Place No.2 - Corrected Legal Description Corrie: The next item on the Agenda is department reports. Are there any department reports at this time? Okay. Items moved from the Consent Agenda. 6-J. The first Addendum to Consent to Annexation Agreement for Edinburgh Place No. 2 -- corrected legal description. Watson: Sure. Thank you, Mr. Mayor, Council Members. At face value, all this is an addendum to the annexation agreement for Edinburgh Subdivision. The original one included approximately 30 of the 40 acres of the proposed project. It's my understanding that ten acres was left out of the original agreement simply because it wasn't under the ownership of the developer at the time and Mr. Nichols might have to help me out with some of this. The reason this is coming forward is that they are wanting to develop the second phase of this and it's their -- the developer's understanding that they do not need any city approvals to do this. We reviewed the development plans for the water and sewer systems to the point where they ready to approve. I have spoken with Ada county development services and they approved the preliminary plat to the entire 40 acres when the original project went through, so all they need in order to approve this last phase or the second half of the project is simply a letter from the City of Meridian saying that we will serve them for the water and sewer. As soon as I issue that letter that accompanies those plans to DEQ, that letter, in effect, says that we can serve them with water and sewer. So I guess I just want everyone to be aware of what's going on. I don't know necessarily have a problem with that. The whole reason that couldn't go forward or that project was limited when it went through the first time was that Vienna Woods lift station had a finite capacity. With the White Trunk under construction, that lift station can be expanded and discharged into the White Trunk. The timing of that will probably more or less coincide with their development. So from a sewer standpoint, I'm not real concerned about this. But if what they are saying is correct and they need no city approvals, then I just wanted everyone to be aware of what's going on. I would be happy to entertain any questions if you have any. Meridian City Council Meeting June 18, 2002 Page 5 of 61 Bird: I have none, Mayor. Corrie: Any comments from Council? Nichols: Mayor, Members of the Council, my recollection of Edinburgh Place -- and I see Mr. -- Senator Bunderson and Mr. Smith in the audience and they can correct me if I'm wrong, but my recollection is that when Edinburgh Place came in front of the Council we were operating under the area of impact agreement, which says that Meridian must approve subdivisions in the area of impact that go through Ada county. They are not contiguous and they are not going to be annexed after approval. Since the time that Edinburgh was approved, the Idaho Supreme Court decided the case of Blaylock versus the City of Eagle or Blaylock versus Ada County, I don't remember which, which clarified what approve means when it comes to an area of impact agreement. Of course, the decision was that since a subdivision in the area of impact was not going to be part of the city immediately, is under Ada county jurisdiction, county jurisdiction, approval really means comment. It can recommend approval or denial, but that's just to be considered by the county in arriving at its decision. So it could very well be that what the developer is saying, we don't have to have the city engineer necessarily sign off on the plat the same way the city engineer has to sign off on a plat inside the city limits or that kind of approval or that the Council has to formally say, yes, that we approve the area of impact subdivision. But here we are providing water and sewer services to that subdivision and I don't think that the Blaylock case says that the city can't say whether or not it's going to provide services and the city already essentially has said that those services will be provided as long as they are otherwise available. So just to clarify, that's my reading of what this is. I don't think it's necessarily the developer saying we can use up as much sewer and water as we want, that's not it at all. It's just a matter of the Blaylock case was - - or however you pronounce that name -- was decided after Edinburgh Place was approved, both by the county and the city. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me that I recall that phase two in that would not develop until the White Trunk was developed. Is that not how the development agreement reads? Watson: Mr. Mayor, Council Member de Weerd, Council Members, I don't know the exact verbiage. From an approval standpoint, once a set of plans is approved as far as DEQ is concerned, they can approve plans -- subsequent plans that connect to that. So I guess maybe it's semantics, but in DEQ's mind the white trunk exists, because they have reviewed it and approved it. So, consequently, they can approve any of those projects that would connect to it, such as Cedar Springs, Sundance, and Edinburgh. I don't know what it exactly says in the development agreement. I don't know that it says it has to be in the ground functioning. Meridian City Council Meeting June 18, 2002 Page 6 of 61 Corrie: Well, Brad, if they develop that before capacity can be given into the White Trunk Line, they would have a sanitary problem, wouldn't they? I mean all held back because of that, if they couldn't get sewage. Watson: Mr. Mayor, we -- when the developer first came to us I think in maybe February, I had some people go out and count the number of houses that were actually occupied and do some flow monitoring and the flows are lower than what we projected for Vienna Woods. The timing of all this is such that Vienna Woods would have to completely build out in the next three months to commit all the available capacity that's currently existing. The White Trunk is well under construction. I have gone through this whole timing scenario in pretty much fine detail to make sure it would work. I wouldn't come to you if I knew it wouldn't work. Corrie: Well, I just wanted to make sure that if they build houses that they could be able to get on the sewer line and go with it, rather than sitting there waiting. Watson: Sure. Corrie: Anything else from Council? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the first agenda consent to annexation agreement for Edinburgh Place No.2. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the first amendment with the correct legal description. Any further discussion? Watson: Mr. Mayor, I'm sorry. Corrie: Please. Watson: I just want to be completely clear on my direction. If this is approved, in my mind that says that I can approve the water and sewer plans and that they can provide proceed with construction. Corrie: Okay. That's what it says. Okay. Roll-call vote, Mr. Clerk. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting June 18, 2002 Page 7 of 61 Watson: Thank you. L. Appointment of Impact Fee Committee Members and Administrator: Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members and Administrator. My recommendation to the Council is -- on the members of the Impact Fee Committee, there was a mistype on that Jim Keller is a member of the Meridian Parks and Recreation Committee, not the department. And so I would like to submit the names of Keith Borup, builder; Phil Krichbaum at JUB Engineers; Gene Strate, Ada County Association of Realtors; Jim Keller, Meridian Parks and Rec. Commission, Dave Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and Zoning Department. Those are the names that I would like to have on the Impact Fee Committee for consideration of the Council and then on the administrator I would like to have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator. So I will stand for any questions as to the appointments. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: No. I'd move the approval of those specific members to the City of Meridian Impact Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator. Bird: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 7: Resolution No. : Approve Lease Agreement with Boys & Girls Club of Ada County, Inc. for use of old Meridian Police Department building: Corrie: Resolution, Item No.7. Resolution 02-376, approval of a lease agreement with Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department building. At this time I'd like to have the Clerk read the Resolution by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376. A Resolution of the City of Meridian -- excuse me -- a resolution of the City Council of the City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter into on behalf of said municipality, an agreement entitled Lease Agreement between the City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc. Meridian City Council Meeting June 18, 2002 Page 8 of 61 Corrie: Okay. Is there anyone from the audience that would like to have the resolution read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Resolution No. 02-376, approve the lease agreement with the Boys & Girls Club of Ada County for the use of the old Meridian Police Department and to have the Mayor sign and Clerk attest. Bird: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is carried. MOTION CARRIED: ALL AYES. Item 8: Resolution No. : Approve Lease Agreement with Department of Corrections Parole & Probation for space in new Meridian Police Department building: Corrie: Item No. 8 is a Resolution to approve the Lease Agreement between the Department of Corrections Parole & Probation for space in the new Meridian Police Department building. Mr. Nary. Nary: Mr. Mayor, I'd ask that we table Item No.8, Resolution No. 02-377 -- or do we give it a number since we -- okay. That we table Item No.8, the Resolution for the Lease Agreement until our next meeting of June 24th. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Resolution No. Resolution: Prosecutor Cross Deputization Corrie: No.9, Resolution -- and I must assume that it's going to be 02-377, which is a Prosecutor Cross-Deputization Resolution. If the Clerk would read that by title of the resolution. Meridian City Council Meeting June 18, 2002 Page 9 of 61 Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-377. A Resolution of the City of Council of the City of Meridian rescinding the authority of any other agency, prosecutors, or their designees, ratifying and confirming the authority of the Garden City prosecutor or his/her designee; the Boise City prosecutor or his/her designee, and the Ada County Prosecuting Attorney or his/her designee, to act on behalf of the Meridian city attorney legal department by prosecuting cases on behalf of Meridian City and providing an effective date. Corrie: Okay. Is there anyone from the audience that would like to have the resolution read in its entirety? Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just for the record, I was going to abstain on Item No.9, since I'm one of the designees designated by this resolution, so -- Corrie: Okay. Any other discussion? Okay. I'll entertain a motion on Resolution No. 02- 377. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Resolution 02-377, Prosecutor Cross-Deputization Resolution. Corrie: Do I hear a second? McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve Resolution No. 02-377. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, abstain; de Weerd, aye; Bird, aye. Corrie: Okay. Resolution No. 02-377 is approved. MOTION CARRIED: THREE AYES, ONE ABSTAIN. Item 10: Ordinance No. : Amending Ordinance No. 01- 908 Valley Shepherd Church of the Nazarene AZ 00-018 - Corrected Legal Description: Meridian City Council Meeting June 18, 2002 Page 10 of 61 Corrie: Item No. 10 is Ordinance No. 02-953. This is an Ordinance amending No. 01-908, Valley Shepherd Church of the Nazarene, AZ 00-018, corrected legal description. So, Mr. Clerk, if you would, please, read Ordinance No. 02-953 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- excuse me, Mr. Mayor. Could I ask the attorney a question? According to the document, when we are amending another ordinance, do we assign it a new number? Nichols: Mr. Mayor, Members of the Council, Mr. Clerk, I would assign it a new number, because it's -- even though it amends the old one, I'd still assign it a new number, just to keep it straight on the books. Berg: Thank you, Mr. Mayor. I just wanted to double-check. Members of the Council, an Ordinance of the City of Meridian, Meridian, Idaho, amending Ordinance No. 01-908, amending the legal and finding that certain lands be known as the location of Valley Shepherd Church of the Nazarene 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 Council that said land be annexed to the City of Meridian and zoning designed Medium Density Urban Residential District (R-8) and declaring that said lands by proper legal description will be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinance, 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 map of the area to be annexed to 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 53-2215. This is Ordinance No. 02- 985B. Corrie: Okay. You have heard the reading of Ordinance No. 02-953 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion from the Council. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Ordinance 02-953, amending Ordinance No. 01-908, and for the Mayor to sign and the Clerk to attest, with suspension of rules. McCandless: Second. Corrie: Okay. Motion has been made and seconded on Ordinance 02-953. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. Meridian City Council Meeting June 18, 2002 Page 11 of 61 MOTION CARRIED: ALL AYES. Item 11: Ordinance No. : Amending Ordinance No. 01- 938 Locust Grove LDS Church AZ 01-019 - Corrected Legal Description: Corrie: Item No. 11 is an Ordinance No. 02-954, amending Ordinance No. 01-938 for Locust Grove LDS Church, AZ 01-019, corrected legal description. Mr. Clerk, if you will read the Ordinance No. 02-954 by title only at this time. Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 02-954, an Ordinance of the City of Meridian, Idaho, amending Ordinance No. 02-938, to amend the legal description and finding that certain land to be known as the location of the Locust Grove LDS Church 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 into the City of Meridian and zoning designated Neighbor Business District (CN) and declaring that the said land by proper legal 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 to file a certified copy of the ordinance and map of the area 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 Section 50-223 and Section 63-2215. Corrie: Thank you. Is there anybody from the audience that would like to have Ordinance No. 02-954 read in its entirety? Hearing none, I'll entertain a motion on the ordinance. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approved Ordinance No. 02-954, amending the Ordinance 01-938, for the Locust Grove LDS Church, corrected legal description, Mayor to sign and Clerk to attest, with suspension of rules. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll- call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting June 18, 2002 Page 12 of 61 Item 12: Tabled from June 4, 2002: Ordinance No. ZA 02-001 (Amberstone ZoninQ Amendment) Request for amendment to Zoning and Subdivision Ordinance by Jim Jewett and B & A Engineers: Item 13: Tabled from June 4, 2002: AZ 02-003 Request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Item 14: Tabled from June 4, 2002: PP 02-002 Request for Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south of West Cherry Lane and south of North Summertree Way: Corrie: Item No. 12 is tabled from June 4th, 2002. Ordinance No. 02-955, AZ 02-001, Amberstone Zoning Amendment, request for amendment to the Zoning and Subdivision Ordinance by Jim Jewett and B&A Engineers. So if the Clerk would read the Ordinance 02-955 by title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-955, an Ordinance of the City of Meridian amending Section 2 of Chapter 2 of Title 11 Definitions, provided for additional definitions, deletion of definitions, and revising definitions and amending Subsection A of Section 1 of Chapter A, Title 11, residential zoning schedule of use control to add additional language and delete language or amending Section 1 of Chapter 9 of Title 11, zoning schedule and coverage control to delete language and add additional language and amending Section 7 of Chapter 10 of Title 11, duplex minimum size and garage requirements to change the title and to add language and delete language and amending Section D-1 and 2 of Section 6 of Chapter 4 of Title 12, zero lot line and building lots and to add language and delete language and enacting a new Section 14 of Chapter 4 of Title 12 to title common drive design standards and amending Subsection 6, Section 2 of Chapter 6 of Title 12, planned development standards to add language and delete language, amending Subsection A of Chapter -- excuse me of Section 4 of Chapter 6 of Title 12, residential uses to add language and delete language of the zoning regulations of the subdivision and development ordinance of the Meridian City Code, providing for conflicts to be repealed and rescinded and annulled and providing validity, providing a savings clause and providing an effect date. Corrie: Okay. You have heard the reading of Ordinance No. 02-955 by title only. Is there anyone from the audience that would like to have the ordinance read in its entirety? Okay. Hearing none, Council, I'll entertain a motion on Ordinance No. 02-955. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve Ordinance 02-955 for Amberstone Zoning Amendment, for the Mayor to sign and the Clerk to attest, with suspension of rules. Meridian City Council Meeting June 18, 2002 Page 13 of 61 McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In looking at this ordinance, it's about 30 pages long or more. My assumption, of course, we would doing a summary, but I believe the state code says that we are supposed to approve the summary. Nichols: Mr. Mayor, Members of the Council, that's correct. The summary has to be approved by Council before it can be published in the newspaper. Nary: Where is the summary? Nichols: Mr. Mayor, Members of the Council, I don't know if the summary got over here. I don't know if we forgot to do it. We spent -- to go through this code and amend each of those provisions took more time than we had anticipated and if the summary didn't get here, I apologize. Nary: Mr. Mayor, maybe process wise, we certain can have the summary on our next meeting and approve that then and I think its printed, I just -- we need to approve it and it's just a matter of approving it -- we can certainly approve it at our next meeting, I think that would be adequate. Bird: We could go ahead and pass the ordinance. Nary: Right. We can approve the summary by resolution at a later time and pass the ordinance. Corrie: Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Mr. Nichols, we will probably have that by the next meeting, the 24th? Nichols: Yes, Mayor. MOTION CARRIED: ALL AYES. Corrie: Okay. Thank you. Approve the amendment. Okay. Approve the ordinance now. Item No. 13 is tabled from June the 4th, request for annexation and zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett, south of Cherry Lane and south of North Summertree Way. At this time I will invite staff to give us comments on the tabling and what led up to that. Meridian City Council Meeting June 18, 2002 Page 14 of 61 McKinnon: Mr. Mayor, Members of the Council, I have the area highlighted on the overhead, if you could take a look at it, it just shows that it's south of Cherry Lane approximately a quarter mile to the east of Black Cat and Cherry Lane intersection. You can see in the photographs that this is Cherry Lane, across the street is a subdivision. The property currently sits as a piece of vacant pasture land. The project itself is a 19 lot subdivision -- well, 19 unit subdivision and a common lot that's in the center of the project. The lots that are immediately adjacent to Cherry Lane running back halfway through the project are attached single family dwellings. They are essentially duplexes that each exits on their own lot, so that a person can buy half of the home. Each have their own exits and entrances. The remaining parcels -- these are the nine parcels on the south half of the project, those are detached single family homes that meet the R-8 standard. This is not a planned development, this is a project that meets all the requirements of the ordinance, except for one, essentially, and that would be that the project itself does not provide for a 35 foot wide landscape buffer that is required per our landscape ordinance on Cherry Lane. At the last meeting I know there was some discussion and I have reviewed the minutes and there was discussion as to whether or not the proposed 25 foot wide landscape buffer adjacent to Cherry Lane would be adequate. The applicant provided the overhead that you see above you. The applicant can provide more information on that issue and went through the different subdivisions that exist on Cherry Lane and found out the exact width of those buffers and determined that the majority, if not all, of the subdivisions do not meet that 35 foot required landscape buffer. That's a synopsis of the project and ask if there is any questions. I know that there was some discussion at the last meeting about this. If there is any additional questions I would be welcome to answer those at this time. Corrie: Questions from Council? Bird: I have none. Corrie: All right. Thank you. Council, any other comments for the request for annexation and zoning? Okay. Is Council ready for the request of -- the annexation and zoning request? If there is no objection, I'll entertain a motion for the annexation and zoning request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of AZ 02-003, request for annexation and zoning of 3.84 acres from R-1 to R-8 for proposed Amberstone Subdivision. Bird: Second. Corrie: Okay. Motion and second to the request for annexation and zoning. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting June 18, 2002 Page 15 of 61 Corrie: All ayes. Motion for annexation is approved. MOTION CARRIED: ALL AYES. Corrie: Item No. 14 is tabled from the June 4th, request for preliminary plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision by Jim Jewett. Staff comments. McKinnon: Mr. Mayor, Members of the Council, I would just echo my previous comments. Corrie: Okay. Council, any questions? Bird: I have none. Corrie: Okay. Hearing none, I'll entertain a motion on the request for preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of PP 02-002, request for preliminary plat approval of 19 building lots and 2 other lots on 3.84 acres for proposed R-8 zone for proposed Amberstone Subdivision and for counsel to prepared Findings of Facts and Conclusions of Law and Decision and Order and for the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for preliminary plat. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 15: FP 02-005 Request for Final Plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development LLC - on East Wilson Lane, east of South Locust Grove, south of East Fairview Avenue: Corrie: Item No. 14 -- 15, excuse me, is a request for final plat approval of 22 building lots and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by Wildwood Development, LLC, on East Wilson Lane, east of South Locust Grove and south of East Fairview Avenue. Staff comments. Meridian City Council Meeting June 18, 2002 Page 16 of 61 McKinnon: Thank you, Mr. Mayor, Members of the Council, hopefully you received a memorandum that I sent to you last week that was to be included with your packet. If you didn't receive it, the -- which is for the motion of the memorandum itself was that Cooper Canyon, the subject property, has not yet been annexed by the City of Meridian, a development agreement has not been signed by Christian Lee, developer. A development agreement has been sent to him, I have had a phone conversation with him, he did not realize that it was even on the agenda tonight and he was well aware that the annexation had to take place prior to the final plat approval and at this time if we could table this project until such time as the annexation has time to take place, we as staff would appreciate that. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: What date would the annexation and zoning be coming forward? McKinnon: Mr. Mayor and Council, in my discussions with the developer we had no specific time table for that development agreement to come forth, so at this time I think we would have to table it to a date to be determined. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I recommend that you table it to a date certain, even though the developer may not have it ready by then. If they are not ready by then, we can table it again if you so choose. Mr. Mayor, Members of the Council, there is no definitive deadline as far as when you can table it to. The only statutory requirement is you hold a hearing within -- an open hearing within 45 days of receipt of recommendation from the Planning and Zoning Commission, which you have done. Because this is not even a hearing, this is a final plat, which is done without public hearing. So if you want to table it for a month, two months, that's acceptable, there is no prohibition against doing that. I would caution this, though. If you table it for two months and they get everything ready next week, you can't then take it up again until that time, as far as I am aware. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Could we table this until July 16th and at least allow staff to get back to us on a date if that doesn't work. So I would make the motion that we table the request for final plat for Cooper Canyon Subdivision to July 16th, 2002. McCandless: Second. Meridian City Council Meeting June 18, 2002 Page 17 of 61 Corrie: Motion has been made and seconded to table the final plat on Cooper Canyon Subdivision until 7/16 of '02. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: FP 02-006 Request for Final Plat approval of 8 building lots and 11 other lots on 113.15 acres in an L-O for Touchmark LivinQ Center Subdivision by Touchmark Living Center of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Corrie: Item No. 16 is a request for final plat approval of eight building lots and 11 other lots on 113.15 acres in an L-O for Touchmark Living Center Subdivision by Touchmark Living Center of Treasure Valley, south of East Franklin Road and east of South Eagle Road. Staff comments. McKinnon: Thank you, Mr. Mayor, Members of the Council. On the overhead in front of you you can see the location of the project. This is a project that was actually in front of you for preliminary plat last month and approved by you on May 15th. It's a large retirement community called Touchmark. At the final buildout it will be approximately 700 to 750 units for dwelling. That's all different types of dwelling units from single family to multiple family to assisted living. There are some commercial lots within the subdivision. As you can see on the overhead in the information that's been provided to you, there are eight building lots and 11 other lots. The property itself -- I'm not sure if you can make it out. You can see that the preliminary plat for this project and the final plat essentially is to dedicate the right of way. You can see the roadways that run off of Franklin and attach to the rear of the St. Luke's to the left of this overhead. It runs down -- you can see very lightly in about the half -- half darkened area in the very south of the project you can see that there is a small cul-de-sac and there is a roadway that goes through there. The developer is intending on owning all of these homes and so you won't see another preliminary plat come through with all those, unless they change their mind at this time. So the approval of this would allow them to continue forward with the rest of their project and ask if there are any questions at this time. Corrie: Thank you. Questions, Council? De Weerd: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for final plat approval of Touchmark Living Subdivision. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting June 18, 2002 Page 18 of 61 De Weerd: I move that we approve the request for final plat of eight building lots and 11 other lots on 113.15 acres for Touchmark Living Center and to ask the attorney to draw up the Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded to approve the final plat for Touchmark Living Center Subdivision. Any further discussion from Council? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is carried. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 02-009 Request for annexation and zoning of 1.00 acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian - 3545 North Locust Grove Road Corrie: Item No. 17 is a Public Hearing. This is a request for annexation and zoning of one acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove Substation property by the City of Meridian, 3545 Locust Grove Road. At this time I will open the Public Hearing and invite staffs comment first and then I'll give instructions on the Public Hearing. McKinnon: Thank you, Mr. Mayor, Members of the Council. As you stated, this is just an annexation request by the Meridian Fire Department for the new location for a substation. The subject property is located on the west side of Locust Grove Road approximately 1,500 feet north of Ustick. The property is contiguous to the City of Meridian. To the east of this project is the Summerfield development across the street. The requested zoning designation is an L-O zoning designation, which in compliance with the Comprehensive Plan and would not require that the fire department come back to you with a Conditional Use Permit for approval of this project. In the annexation one issue that I would like to point out is that we would like to have this limited to only being used for public uses. If there was any other use proposed for this site in the either future, it would have to come back through the Conditional Use Permit process. With that, there is no other information that I wish to give you at this time and ask if there is any questions. Corrie: Okay. Thank you. Any questions for staff? Okay. This is a Public Hearing. I have opened the Public Hearing. The City of Meridian is the one requesting the annexation. would assume that your comments are for the City of Meridian. McKinnon: Yes. Meridian City Council Meeting June 18, 2002 Page 19 of 61 Corrie: Okay. Is there anybody from the audience that would like to give testimony on this request? Yes, sir. Raise your right hand. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Marchello: Yes, it is. Corrie: Name and address, please. Marchello: Thank you. I'm Ivan Marchello, I am the property owner right -- this piece of property right here, right across from it. Basically, just some questions that I have about the usage of that. Some of the homeowners -- like I know with the fire stations you have such as a warning light that a fire station is there. Where would that light be located at? We also have a concern about the fire department -- I don't know -- I guess it's law or code when they come out, like if at 2:00 in the morning they have a call when they come out sirens blaring, those are the type of questions that we have. Also coming back to the station with the jake brakes, whether or not that that would be allowed. Also what will happen with the road expansion there? Will we see some type of road improvements? Will that be required with having a fire station there? So we have a lot of questions that we would like to -- you know, that I would like to see. I'm more than happy to have a fire station there, I think it's a great thing what the fire department does, but we'd like to take a look at the impact and see how we can be good neighborhoods with them and they with us. Also maybe -- I don't know if it's this meeting, but are we going to break through on Locust Grove heading northbound? Is that going to go all the way through in the future because of the fire department there so that they have access to further routes up north? What are some of the things that we can expect to see with regards to road widening and how far north -- I believe South Locust Grove is going to go all the way through to, what is it, Fairview or Franklin, so those are the type of questions that we have. What type training will be going on there. Possibly when. And the properties around it, what is that zoned for? What can we expect to see the City of Meridian allow to be placed there, since the fire department will be there. We have the church there, but will they allow other businesses, such as machine shops or different things like that? It was just -- I just had questions about the zoning of that area. I want to be a good neighbor, but I want to be informed about what's going on, so we can get our input with the neighbors and see what we can do to work together. So that's pretty much where we are at. Corrie: Okay. You have a number of questions there, some we can answer and some of them we don't know the answer to, but you will have a chance -- with the zoning, when they come in, you will have a chance for a Public Hearing. Kenny, do you want to answer any of that on sirens at 3:00 in the morning and -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Marchello, what's your address? Marchello: 1663 East Summer Ridge. Meridian City Council Meeting June 18, 2002 Page 20 of 61 Nary: Thank you. Marchello: You're welcome. Corrie: Kenny. Bowers: Mayor Corrie and City Council Members, some -- the questions were very good questions, because it comes up every time there is a fire station built. I cannot answer any of the questions on when the road will be widened, what is happening with the roads, that's up to Ada County Highway District. I do know they won't be widening the road just for the fire department, that's not -- that will not be in our work on that part. We will have a -- we will send out notices to the neighborhood and have a neighborhood meeting to invite all these people in and go through these same questions again with the same neighborhood on when we train, when we do our truck checks in the mornings, when we start our saws to run them, basically everything we have learned from our Ten Mile station out there, that we move things closer to noon time to do all of our truck checks, we don't go late at night and we don't go first thing in the morning. Sirens, we do not run sirens out of the garage or out of our shop at 2:00 or 3:00 in the morning. We wait until the truck gets pointed on Ten Mile, anyhow, north and south until we turn on the sirens. So most of the time now, unless the traffic is real heavy, we will not run the sirens coming out of the station. I cannot answer any questions on what the area is zoned for already. I can't say if there is machine shops or not, I don't have any idea on that part. The flashing light. We have done very well without any lighting or flashing light on Ten Mile as of now. It's been working out very well. In the future when they widen Ten Mile -- or, excuse me, widen Locust Grove to five lanes, if that's what they plan on, that's probably when we would have to put a light in or blinking light at that time. But we would like to get the neighborhood together, like I said before, and discuss the fencing, what kind of fencing we can use for, what colors on the building, what brick or what we can use on the building, so it will kind of blend in with the neighborhood and we advise -- we have advised a lot of the neighborhood people already to run by our Ten Mile station and look at it and see how it blends in with the neighborhood out there. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Chief, approximately what kind of time table do you think that station would be built, actually operating? Bowers: Mayor Corrie, City Council Members, Councilman Nary, what we would -- just in the few talks that we have had on it, it's possibly -- if we could start in March or April, start on the building, it would take four, five, six months to build, so later on in our year we would possibly have it open. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. Meridian City Council Meeting June 18, 2002 Page 21 of 61 McCandless: Chief, you're very very close on Ten Mile to all the subdivisions out there. You're right next to them, as a matter of fact. You haven't had any complaints out there about your operations, have you? Bowers: Mayor Corrie, City Council Members, Councilwoman McCandless, yes, we have had one complaint. We have a Boise policeman that lives straight out our bays on the other side and he works at nighttime, so he tries to sleep in the morning. So we have changed our truck checks and we have not run our siren as much, like I said, out in the morning and I think we have pleased him so far. He's only called once, so -- Corrie: Okay. All right. Thank you, Kenny. Bowers: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If Mr. McKinnon could cover the zoning, what has been annexed in that area and maybe what is designated on the Comprehensive Plan. McKinnon: Thank you, Mr. Mayor, Council Member de Weerd, I can discuss both of those issues really quick, if you like. To the northwest of this property is a project that was recently approved by Council, I believe it was your last meeting, the Heritage Commons Subdivision, which is a large planned development at the northwest corner. If I had a pointer I could point to it. It's just the upper left-hand corner there. It's approximately 75 acres with homes. This is a commercial six acres, approximately, on the center line -- I'll grab a pointer here really quick. Right there. This is where Heritage Commons is right now. The property above to the north is the -- this is the high school that -- it's not the alternative high school, it's a charter high school, and we will probably see something similar into the development, either expansion of the charter high school or similar type of educational development in this location. This yellow highlighted area right here is Park One Meadows and I can remember the name of the smaller project that's adjacent to it there. The Jones Place, something to that effect. The rest of the property in this area is slated on the Comprehensive Plan -- current Comprehensive Plan, which is the 1993 Comprehensive Plan, as the new comp plan hasn't been adopted yet, it shows that as single family residential. So more of the same. Currently it's zoned RUT, which is up to one home for five acres of land. So you see quite a few people that are still in the county with livestock. To the north there is two parcels of ground. They are not included as part of the Heritage Commons project and they are discussing what they would like to do with that property at this time, whether they want to maintain it in the location that it is, but I have no knowledge of any applications that has been submitted for those projects at this time. The property to the north is where you will see some commercial, but that would be restricted to office-type uses and no drive-ins. That's all part of the Heritage Commons project. Marchello: And you're speaking of the area that's possibly for some small commercial being the -- that lot north of the two lots north of the fire station? Meridian City Council Meeting June 18, 2002 Page 22 of 61 McKinnon: That's correct. If you follow my laser pointer and just go directly following that same line straight up, this is where the access driveway for the subdivision will be and then the commercial would be to the north. Marchello: Is there anyplace on the map that you're showing there that is slated for any type of apartment buildings being built? McKinnon: We haven't received any applications for apartment buildings in this location, in this vicinity. Marchello: It is still a possibility that that could occur? Just because you have received applications for them, doesn't mean that they aren't going to happen or that they -- that they could not. That's, I guess, what I'm -- could they still apply for those in those locations? McKinnon: Under the current existing 1995 Comprehensive Plan it would not comply with that part of the Comprehensive Plan. So under the Comprehensive Plan that we have right now, in order to make a finding that it complies with the Comprehensive Plan, the answer would have to be no. In order give you an answer as to whether or not something in the future could happen there, I have no ability to do that. Marchello: All right. And so, then, that lot up in the top right, I guess, where you have the pointer on -- I'm sorry, on the west side of Locust Grove up there is where we'd only -- that would be the light commercial, that we would see nothing south of that lot line there -- right? Nothing south of that would be for any commercial use, zoned or otherwise? McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, we have not received any applications for that, so we have nothing and in our new Comprehensive Plan, it does show this area as a neighborhood center, which would go around this location, but as of right now it's not adopted. Marchello: If you do receive application for that, what, then, is the process? They bring that before you? So it could -- it could possibly happen that they could seek permit for that type of a structure south of where we have been discussing? McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, only with a Conditional Use Permit. You would receive notification for that. And those uses that would be located adjacent to the subdivision there would have to be uses that would be associated with that type of development, so that the people using those commercial properties up to north, those would have to be something that the people in the aforementioned project would be using. So it's not going to be heavy commercial. Marchello: Right. So if, for example, you had some sort of a machine shop up north and they said we need a warehouse, can we get a conditional permit usage for a little bit further south, that wouldn't happen? Meridian City Council Meeting June 18, 2002 Page 23 of 61 McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, under the current zoning ordinance and the current Comprehensive Plan that answer would be, no, it would not follow compliance with that. If there was a request made for that, we would have to process that and the Council would have to make a final determination as to whether or not that is appropriate. There is ordinances in place that would say that it is not at this time. There is always an exception for variances if they meet the requirements for variances, but that's an issue that would have to be discussed at the time of the application. Marchello: Okay. Thank you. Corrie: Is there anyone else from the audience that would like to issue testimony? Okay. Hearing none, I will -- if Council has anything that they'd like to discuss at this point? Bird: I have none. Corrie: Hearing none, I'll entertain a motion to close the Public Hearing. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council, discussion on the annexation and zoning request? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: We had a number of conversations about the need of a fire department and a fire station in this area, so I think that is well substantiated, but I think also the station at Ten Mile is a good example of how it can be friendly to a neighborhood and how they are sensitive to the neighbor's concerns. So with that I would make a motion that we approve the request for annexation and zoning of one acre from RUT to L-O for the proposed Meridian Fire Department on Locust Grove Substation and for the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Motion has been made and seconded to approve that annexation and zoning AZ 02-009. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting June 18, 2002 Page 24 of 61 Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 18: Item 19: Item 20: Public Hearing: AZ 02-005 Request for annexation and zoning of 196.20 acres from RT to R-4 zones for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Public Hearing: PP 02-006 Request for Preliminary Plat approval of 455 single-family lots, 38 common lots and 1 other lot on 190.47 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Public Hearing: CUP 02-006 Request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II Partnership - west of South Eagle Road and south of East Victory Road: Corrie: The next Items 18, 19, and 20, is -- Item 18 is a request for annexation and zoning of 196.20 acres from an RT to R-4 zones for the proposed Tuscany Lakes Subdivision by Gem Park II Partnership, west of South Eagle Road and south of East Victory Road. Item No. 19 is a Public Hearing, which is a request for a preliminary plat for approval of 455 single family lots, 38 common lots, and one other lot on 190.47 acres in a proposed R-4 zone for the proposed Tuscany Lakes Subdivision. Item 20 is a Public Hearing, request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision, Gem Park II partnership. At this time, with no objection of Council, I will open all three Public Hearings and will be taking testimony and you can give testimony on all three if you so desire to add them all together. We will do the Public Hearing -- I will have staff comments first and then we will have the developer comments and then we will have the public testimony. After that and after the public is through testifying, we will have the -- any questions that come up to the developer to answer those questions. I think -- okay. We don't have a lot of people here, so we will give the developer ten minutes at the most to give their testimony on the Public Hearing on these three and then five minutes for the public to testify and then give whatever time is necessary to answer any questions that come up. So our time keeper will be Mr. Nary and at this time I will invite staff to give their comments first on the Public Hearing. McKinnon: Thank you, Mr. Mayor, Members of the Council. I'll start with the overhead. This is another project -- you can't see the highlighted area very well, but you can see from the overhead this area is essentially farmland at this time with a number of smaller homes located throughout the square mile area between Victory Road and Locust Grove in Eagle. This is a little easier to determine the area. When you saw this project last year under the same name, Tuscany Lakes, this 40 acre parcel adjacent to Eagle Road was not part of the application. This is one of the major differences between the original application. Just to touch on a couple other major changes from the last time you saw this Meridian City Council Meeting June 18, 2002 Page 25 of 61 application. They have decided to move the school site from this location to the north, it's more centrally located now, and they have provided a new phasing schedule that would allow phasing to start at the same time on all three major roads that would be an entryway coming off of Locust Grove, an entryway coming off of Victory, and an entryway coming off of Eagle Road that would lead to the school site. One other thing I'd like to bring up at this time, before we go further into the application, but the application itself for the annexation is for the entire area and the plat is for the entire area, but the Conditional Use Permit for the Planned Development encompasses only that area that was included in the original Tuscany Lakes. The 40 acre parcel adjacent to Eagle Road is not part of the Planned Development. All home sites within this 40 acre parcel are in line with the requirements for the requested zoning. The other area has lot sizes that meet the minimum requirements, but their frontage requirements are less than what are permitted under the typical R-4 zoning. Last year when the project was denied -- I'll just give you an overview. I assume you have read the staff report, but just to tell you what the reasons for denial were the last time. One was inadequate road structure. Second reason for denial was that the subdivision would extend police and fire service further than acceptable limits and I know both the fire department and the police department are here tonight and the parks department are here tonight to offer comments concerning the city services for this project. The third item that you used for denial in your Findings of Facts and Conclusions of Law last year was that the parcel was contiguous to the city limits, but the original phasing schedule started on the far west end of the project moving towards the part that would be adjacent to the city and you felt that it would be better to start where it's already adjacent to the city, rather than to work itself from the outside in. And the final reason for denial at that time was that you decided it wasn't in the best interest of the city. So that's just an overview of the reasons for denial from the last time. There is a couple overheads showing you the site layout. As I showed you on the original overhead, it's essentially farmland at this time. The land is bisected by numerous creeks and there will be three bridges within the project. I'll point out where those are in just a moment. There is a large group of trees -- and back to it. This is Locust Grove, to orient you. Locust Grove is right here. We have the site that would run into Dartmore. There will be a detached ten foot wide pathway system that would run throughout this part of the project. The applicant has set this project up in essentially three different subdivisions. There is The Lakes, there is The East, and there is The Hills section. The developer is here tonight. He can correct me if I'm wrong. I believe that this section is The Hills section of the project. Brown: Lakes. McKinnon: Lakes. Thank you. It's The Lakes section of the project. The Hills section is in the middle and then on the far side over here we have The East. But you can see that these are two of the major bridges that we have crossing waterways and a third right here. The project itself -- I don't know if these are the updated preliminary plats, but if you take a look at the recommendations the developer has provided, the request did -- the requested stub streets to the adjacent parcels as requested by the Planning and Zoning Commission and by staff -- the park site -- not a park, but the school site, as I mentioned, has been moved from the southern location to the northern location. It's been helped in part by allowing this 40 acres to be included, which would allow a collector street to be brought into this project. As far as the recommendation from the Planning and Zoning Commission, the applicant has complied with those recommendations that you have in Meridian City Council Meeting June 18, 2002 Page 26 of 61 front of you. There is a new well site located adjacent to Victory Road and the other major issue that we'd like to address tonight has not been made in the changes to the preliminary plat that you should have in front of you is that there was a request for a pedestrian pathway in what was Block 19, which is now Block 20, a pedestrian pathway leading to the school site, so the children in the northern area adjacent don't have to walk all the way down and around to get to the school, so they could actually cut through to the rear of the school. You should have the applicant's -- hopefully you have received the applicant's position statement. There is a few issues I'd like to address before I turn the time over to the other members of staff. Item number 18, that would be the parks department, hopefully you all have this, where there is a requirement that was part of the recommendation from the Planning and Zoning Commission to recommend a 20 acre park on the one mile section adjacent to South Eagle Road. I reviewed both minutes from both Planning and Zoning Commission meetings. This issue was not discussed by the Planning and Zoning Commission in the meeting that Steve Siddoway attended, it was not discussed in the meeting with Brad Hawkins-Clark in front of the Commission this item was not discussed. In the staff report it is mentioned that the parks are wanting a 20 acre park. It was not discussed. And I will let Tom address that and the applicant address that, too, because according to our new Comprehensive Plan map in this 40 acres there should be a 20 acre park. On the second page of their position statement, condition eight, page three, staff agrees with the requested changes to the -- to the adding of the words in each phase prior issuance of certificate of occupancy. Condition number ten, revised phasing schedule, the applicant believes that the revised phasing schedule that starts on all three locations at the same time meets the requirement for consecutive and successive phases, whereas the previous time they started where it was not next to the City of Meridian. The three phases, 1-A, 1-B and then one, would also all start -- well, according to the applicant it would be started at the same time and the rest of the phases as they come through would come in consecutively and successively. Planning and Zoning Commission were in agreement with that. Condition 12, page three -- we just received this today, so that's why I'm going through verbally without a memorandum. Condition 12, page three, the applicant would like the wording to be changed. The existing wording is the developer shall be required to install all parkway trees within each phase of the development prior to certificates of occupancy being issued. The developer has asked for a change in wordings to require that the trees be placed in front of the house within 30 days of the occupancy certificates being issued. This creates a situation for staff where we issue an occupancy permit and then within 30 days later we would have to come back out a second time to determine if they have installed the trees that were required. The reason why the developer would not like to install all the trees at those times is because it becomes a hardship for the developer to plant the trees prior to the design of the house and prior to the building of the house. They would have to plant the trees, if there is any rearrangement of the lot or rearrangement of the way the building is placed on the lot, they would have to remove those trees prior to construction. So they would like to have those trees placed in at sometime. I don't have any suggested wording, I just know that it would create additional work for the staff to have to come back out and follow up after 30 days after certificate of occupancy has been issued. It seems like it's an extra layer of work that could be handled in a different manner. Nary: Mr. Mayor? Meridian City Council Meeting June 18, 2002 Page 27 of 61 Corrie: Mr. Nary. Nary: Mr. McKinnon, can I ask you a question right here? McKinnon: Absolutely. Nary: On this issue, this is the condition that IS In the Planning and Zoning recommendation, the one that -- McKinnon: That's correct. Nary: Okay. So -- and I don't see anything here -- I can ask the developer, but what was discussed, if anything, at the Planning and Zoning Commission or was this just a recommendation and that was just -- McKinnon: That was just a recommendation and that was concluded. Nary: Did the developer raise that at the Planning and Zoning Commission? McKinnon: Mr. Mayor, Councilman Nary, no, it was not brought up. Nary: Thank you. McKinnon: Mr. Mayor, Members of the Council, I will continue. Condition number 19. Just a few things that I'd like to address with this. This is something that we as staff have looked at and we realize that the wording may be a little top heavy in favor Mr. Young. I will explain what I mean by that. If you take a chance to read through this -- through this condition, essentially what it says is that there is a Mr. Young that lives -- let me give you some background -- that lives immediately to the north of the driveway and he would like to have his shrubbery that's currently on Locust Grove replaced when the road is widened, because when these people exit -- when the people that live within Tuscany Lakes exit, the headlights will glare right into his front room and he's requested that the applicant provide new shrubbery for his home when it's removed for the widening of Locust Grove. I have talked with Ada County Highway District right of way acquisition today. When Ada County Highway District goes through and widens roads they do pave for the acquisition of the land and the improvements that are on the land. That's a point of negotiation. Ada County Highway District would be responsible for paying for the improvements that are on the land that's being taken for the right of way acquisition. The applicant has agreed to plant some trees and shrubs up at that location, but right now there is no plan in place for the widening of Victory at this time. It's not in the five year program, so there is no known time as to when those shrubs will have to be removed for the widening of Victory and so we have an open-ended time frame for replacing shrubbery that could be removed at sometime in the future. The developer may be long gone and turned over the approval of this subdivision to the homeowners association and at that time Victory Road may be widened and it would be the responsibility of either the homeowners association or the developer in the future to replace those trees. So I think there needs to be some additional wording, or some correction of the wording, or actually the placing of trees at this time that would be outside of the future right of way to protect Mr. Young's property. I don't have a Meridian City Council Meeting June 18, 2002 Page 28 of 61 quick solution for that. The only way we could do it right now is to may be approximate what the cost would be or plant the trees at this time and have that taken care of by the developer prior to having it -- looking forward into the future at an determined date. The other items that are of contention in the -- I guess wouldn't say contention. The other items that they brought up in the findings and their recommendation to change the recommendation of the Commission have to deal with the parks department and Tom Kuntz is here tonight to address those issues in a little bit. He has some comments for you tonight and after Tom is done I'd turn some time over to our police department so they can address their issues that they have with extending their service boundaries to the south of Victory and then I'd ask for just a moment more to give a final comment concerning Tuscany Lakes and then ask if there is any questions. Corrie: Okay. Kuntz: Thank you, Mayor and Council. I'll keep my comments brief. The parks and recreation staff recommended to the Planning and Zoning Commission that a 20 acre parcel, as noted in our to be adopted city Comprehensive Plan and Park Action Plan show a 20 acre park contiguous with Eagle Road and would best be suited in Tuscany East. We ran some quick numbers today just on the number of single family households that would be serviced by this 20 acre parcel between Tuscany, Sutherland Farms, Thousand Springs, Sherbrooke Hollow, Salmon Rapids, Los Alamitos, Inglenook, and The Hollows. There is approximately 1,700 single family houses in those subdivisions, not counting Sportsman Pointe, which is to the west of Locust Grove with an additional 300 people. The nearest parks would be a nine acre community park, Kiwanis Park, situated between Thousand Springs and Los Alamitos and then, of course, the 18 acre park at Bear Creek located off of Stoddard Road. But this 20 acre parcel would certainly address the need for a community park to service those 1,700 households in those subdivisions. We have had some discussions with the realtor in regards to some property to the south of Tuscany Lakes, but due to financial constraints we would rather see this 20 acre site in this development, so we can work out an arrangement to exchange the land for impact fees. And with that I would stand for questions. Corrie: Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Tom, the issue where they said -- on the position statement of Briggs and what Mr. McKinnon told us the position wasn't discussed, was it in the recommendation at the Planning and Zoning Commission, just not discussed? McCandless: Yes, sir. Nary: Okay. Thank you. Meridian City Council Meeting June 18, 2002 Page 29 of 61 Corrie: Any other comments? Okay. Bill. Musser: Mr. Mayor, Members of the Council, I'm here on behalf of Chief Worley this evening, as I have done an initial review and have had contact with Dave McKinnon in reference to this proposal and on May 2nd of this year I had written a letter to him at that time with some issues that the police department did have, primarily being that we do not feel that the current roadway infrastructure is sufficient to be able to handle additional traffic which would be generated by this development as it basically puts pressure on the two main arterials for commuting traffic, number one being Meridian Road, second being Eagle Road, and Eagle Road would also be the primary, probably, for commuting traffic to and from. Where there is no overpass yet for Locust Grove Road, there is no railway for traffic to be offset at Locust Grove Road itself. The major reason for the concern with the traffic in this area is the fact that while it is south of the main core area of town, that leaves only two ways for the Meridian police department to be able to respond into this area, one by Eagle Road, the second by Meridian Road or Highway 69 into this area so that we can come in and respond to a public safety request or for general calls for service. In an emergency situation at certain times of the day, in particular the morning traffic or in the evening traffic when the commuting population is returning home to Meridian, it would make it almost impossible to have any type of response which would even approximate five minutes from the core area of the downtown area where we are located at this time. That's another concern that we have is being able to make a timely response into this subdivision and it will generate calls for services. Additionally, on top of the calls for service we have been monitoring the collision increases that we have been having specifically along Eagle Road corridor and we notice at this time along the corridor extending from Fairview Avenue all the way passed the Victory Road area we are already up 51 collisions and that's just from January through April of this year. We also have had two collisions, one of those including personal injury to occupants of a vehicle at the proposed access off of Victory Road, which apparently ties to the existing Thousand Springs intersection at this point. We do have some concerns that that one may present additional problems, too, with vehicle traffic collisions. As a result, one of the things I did indicate on that, in reviewing the only traffic study I had available that was relevant to the area, the one from the EI Dorado business campus, which was part of PP 02-020, and that was dated on 11/29/01 and I quote: On the intersection from Eagle Road to Victory Road, the intersection of Eagle Road and Victory Road is significantly impacted by the development of EI Dorado and this intersection will require improvements to accommodate traffic generated by this site. That's specifically referring to EI Dorado, which is approximately a mile away. Taking into the fact that most traffic studies seem to miss a single variable and that variable being that they don't include all of the developments that are taking place, they just look at what the one requested development would impact on the current traffic, I think we need to explore a possibility that this, coupled with EI Dorado, coupled with Silverstone, coupled with the increases still ongoing within Thousand Springs and the other adjacent subdivisions, will put additional wear and tear on those roadway surfaces and create response time lags and have a significant potential increase for collisions, which will result in, you know, injury to our citizens and increased loss to property. And I'd stand for any questions. Corrie: Any comments? Thank you, Bill. Any other staff comments? Fire department. Meridian City Council Meeting June 18, 2002 Page 30 of 61 Bowers: Mayor Corrie and City Council Members, I do reflect also the same questions and answers that Bill was putting on with the -- this area we will have quite a few more calls per a thousand people, basically, when this is built out, but our biggest concern is this area right through here. We didn't know quite how their building phasing was going to go in, if they would build this first and then go into here, we would only have one entrance and exit for this part of the development. If they built here first and then went back here, we would only have one entrance and exist out of this area, too. Another concern we have is with three bridges, if by any chance in the future we do have an earthquake or so, possibly these -- one or two of these bridges might go down, these people would not have anywhere to get out at this time. So that is some our concerns in this area right here. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Chief, is there concerns -- are there concerns about just general response times and the entrances and exits all that and just generally being able to provide fire service out there? Bowers: Our response times would lag quite a bit going to the far south of this -- of this area until we build the other station on Eagle Road and when that would be we don't know, Bill. Nary: Okay. Thank you. McKinnon: Mr. Mayor, Members of the Council, just a couple more comments and then I'll finish and open this up for questions that you might have. Just a few issues I'd like to bring up to you right now. The only road that we have in the five year work program with the Ada County Highway District for road improvements at this time is Eagle Road. Eagle Road would be widened from Overland to Victory to the north to a five lane road and that should alleviate some congestion in the area, but currently we have a 25 foot wide road on Victory Road -- well, Victory Road is right now currently just a 25 foot wide road. Locust Grove itself is just a 25 foot wide road. Eagle Road currently as it is is a two lane road with no curb, gutter and sidewalk, and we have no time projection for when those road improvements will take place. So we are talking about very minor roads that in the future will have to be widened to a much larger scale. Locust Grove would become a 90 foot right of way with five lanes. Victory Road would be similar with 70 feet of right of way. And Eagle Road is going to become a 96 foot wide roadway in the future. But right now we are talking about developing the subdivision before all those improvements are in, so we have what would be considered an under-improved road at this time with the additional amount of traffic. The projected population that this will provide at build out is essentially 1,000, give or take a couple hundred one way or the other. If you take the number of homes and multiply that by the 2.9 number that we use from the census data, it essentially comes out to being 1,000 people. So we are talking about a large addition to the City of Meridian. As far as the Comprehensive Plan goes, we as staff support this type of use in this location. This is the type of use that we projected for this location. We feel that the revised plan that has been brought to you tonight is an improvement over the last project. The location of the school is much better than it previously was. The addition of the 40 acres that would Meridian City Council Meeting June 18, 2002 Page 31 of 61 make this adjacent to Eagle Road provides for an additional exit and makes for a better school location, because it would have a school on a collector. We as staff have some questions as to whether or not this is actually contiguous and successive in terms of the phasing schedule of having three phase ones, one on each of the major arterials, but as a concept itself, that is what we project to see in the future in this location. This is single family homes as they have provided and we think this is a good shot as to what we would like to see in the future. With that I'd ask if there is any questions. Corrie: Any questions from Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think in the original staff report there was some comments about wells and fire flows and -- or water flows for fire pressure. Maybe Brad or Gary, can you address those? Watson: Council member de Weerd, Mayor and Council, are you speaking of the comment that says that once the new Well 23 is on line fire flows will be adequate? Okay. De Weerd: And the recommendation that a well be constructed on site, I believe. Watson: Right. Well 23 is -- again, it's well under construction. It's in the Silverstone Development and that's going quite well and it should be done this fall. They are providing a well lot in the northwest corner right where Dave's pointing. De Weerd: So those address your water concerns and also with that provide for adequate water pressure for fire flows? Watson: Council member de Weerd, Mayor and Council, correct, as long as the main lines that are also included in that paragraph are constructed, the fire flows will be adequate. Corrie: Any other questions from staff? Bird: I have none. Corrie: Okay. Is the applicant here tonight and wants to -- Brown: For the record -- oh. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Brown: It is. Corrie: Name and address for the record and then ten minutes. Meridian City Council Meeting June 18, 2002 Page 32 of 61 Brown: My name is Kent Brown. My business address is 1800 West Overland, Boise, Idaho. Real quickly to go over the site -- I don't know if you can all see it from here. From our last application we looked in trying to address the issues that were raised at the last hearing. Some of the things that as you look at the overall site we created a loop instead of cul-de-sacs and next to our lakes portion of the development we redesigned a portion of this to have good -- better circulation. We moved the school site up. The school takes access off of the residential collector. That dropped the vehicle trips on Victory Road by 1,000. We tried to address Mr. Young's issue that came up at the last hearing, the last application with the Highway District. They still like where we had originally proposed our road and so that's why we left it where it was. We added the 40 acre portion, which allowed us the ability to get that Eagle Road connection and help our traffic flow better. We have basically got three neighborhoods. We have got The Lakes that are in the -- from Locust Grove to Eight Mile. We have from Locust Grove -- or from Eight Mile to Victory and the school site is our Hills portion and then we have The East. The East is the portion that doesn't have the conditional use on it. The developer of this is the same one that did Thousand Springs. He's looking for similar type lots that were done in Thousand Springs. We have a diversity of lot sizes that was brought up at our previous hearings before, so that we -- but we still exceed the square footage for the zone. We have made the modification from our last hearing to provide the stubs here into what was called in your Comprehensive Plan your neighborhood community center that's in the -- on the Morgner property to the north of us. We have provided the stub to the south that was required. We have tried to provide as many stubs -- part of the difficulty that we have on the site is all the water, the creeks and streams, and we have tried to take advantage of that by having some nice ponds. I think it will be a nice amenity for the future. And I spilled Bill's water. I apologize. Sorry about that. For fencing what we are looking at is fencing all of the ditches, the Eight Mile, the Ridenbaugh -- I'm sorry -- from our residents, so that they -- Nichols: Mr. Mayor, could we take a break? Corrie: We might have to. De Weerd: Mr. Mayor, I move that we take a recess for ten minutes. Bird: Second. Corrie: Okay. Moved and seconded. All in favor say aye. MOTION CARRIED: ALL AYES. (Recess.) RECONVENED AT 8:20 P.M. Corrie: Okay. I will reopen the Public Hearing now. Kent, you may continue. Brown: I'd like to -- from water amenities I'd like to move to our entrance onto Victory Road real quick. Mr. Young lives here on this drawing. Mr. Allen lives over here. We have aligned our road between the two homes. You're seeing a picture of our northbound Meridian City Council Meeting June 18, 2002 Page 33 of 61 traffic. Here is approximately where the east side of our northbound lane would be and the west side of our northbound lane that lines up with the property line between the Youngs and the Aliens and -- Dave, if you could go to the next two pictures. This is looking west from that location. Here is Mr. Young's shrubbery and the westbound Victory Road. The next ones, David. This is eastbound. Here is the Allen's home over here. There is about 40 feet of landscaping on this side of our entrance where we would be. The next one, Dave. This is -- if you're going to make the left-hand turn, this is what I could see as being there and these are the shrubs that were called out that need to be replaced. That item did come up before the Highway District. The Highway District did say that they would replace those shrubs as a part of buying the ground. They offered to have them work with us on that. Mr. Young wasn't interested in having shrubs out in the middle of his lawn, but Mr. Johnson at the P&Z hearing did offer to put those shrubs in and we are still willing to do that. I would like to turn the rest of the time over at Pat Dobie. He's here to speak about the traffic issue, some of the ones that were brought up by your police department. The one issue I would like to address is the one that the fire department brought up about the section of The Lakes property. He stated a concern about the area between Eight Mile and Ten Mile Creek as we only have one collector level road that enters there. There wouldn't be any parking, but, yes, there would be only one bridge. We could provide a temporary one. There is already a bridge located at this point. We could put a nonbuild on one of those lots and we could provide him a secondary means from that and I think that that would address the concern that he has. I would like the opportunity just to work with the fire department to address those secondary concerns. We are taking sewer through the whole site, maybe we just go ahead and build the bridges and by having the sewer there, we would have a gravel road for the sewer maintenance. I'm sure that there is something that we can work out to meet the concerns of the fire department. Dobie: Mr. Mayor, Members of the Council, my name is Patrick Dobie, I'm a professional engineer and I prepared a traffic impact study for this project -- prepared a recent update to match the current site plan. This study was prepared, it was submitted to your staff, it was available for review by all of your staff and itemized, you know, some of the specific characteristics of the road system as it exists today and the traffic characteristics. As it currently stands, all of the roads that access this development have sufficient capacity to accommodate the additional vehicles. They all conform to the adopted standards for vehicle carrying capacity and level of service adopted by the Ada County Highway District and endorsed by the city. ACHD currently has improvements planned at the intersection of Eagle and Victory Road. As you now right now, there is a four-way intersection, four- way -- all-way stop out there. They have a project planned for the year 2005 construction schedule to signalize that intersection, put left turn lanes on all of the approaches. The Locust Grove overpass is currently on ACHD's five year work program scheduled for construction in the year 2006. Once the Locust Grove overpass is completed, that will divert traffic from Eagle Road and free up what appears to be the only long-term constraint that's on the system right now. In addition, again, it was mentioned by your staff in the long term -- in ACHD's five year work program they identify a long-term project for the reconstruction of Eagle Road. Now it's beyond the five year plan, it's not currently scheduled at this time, but both the signalization of the Eagle and Victory Road intersection and the Locust Grove overpass are scheduled for construction. They will free up capacity, they will provide additional service, and those improvements will be constructed before the full traffic impact from this development comes on line. Another Meridian City Council Meeting June 18, 2002 Page 34 of 61 thing to consider -- you know, ACHD funds many of these projects through impact fees. Impact fees are generated by new development. This project, in particular, will generate close to three quarters of a million dollars in impact fees to ACHD that's available to fund these improvements. Again, this money is needed to make sure that these projects do happen. Anyway, I would just like to sum up to say that based on my analysis there is sufficient capacity on the road system right now to accommodate this traffic and there are planned improvements in ACHD's program to accommodate future traffic demands in the area. Corrie: Thank you. Okay. I guess we have people signed up here. We've got Jim Allen, Doug Webb, Sarah Groton and Harman Pullman and so that's the only ones that signed. Is there anyone here to testify in favor of this project? Okay. Let's start out with Jim Allen. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Allen: Yes. Corrie: Okay. Name and address, please. And you have five minutes. Allen: Jim Allen, 3040 East Victory, Meridian, Idaho. I live next to the -- I'm the picture of the split rail fence. If you would come to -- can you turn that around? McKinnon: Is that it right there? Allen: No. Go back further. That one. This roadway here lines up with my fence. This roadway is in the middle of my pasture. Does not line up with Rex's at all. Comment was made at the Ada County Highway about Rex's trees and shrubs. We also have concerns about lights coming on our place, because the traffic will be turning to the right, as well as to the left. So maybe we would request a buffer screen, too. If it was me and I was Ada County Highway, I would probably be looking at a different entrance in and out of that subdivision and probably move the entrance further west where it would line up with Thousand Springs I believe it is, which would make more sense, because as you're coming towards our place from -- from the west coming east, there is a hill and where they are going to be coming in is right at the crest of the hill. Kind of tough to get stopped and I think that if you move the entrance over, your flow of traffic would be a lot better. I don't see how a fire truck can make that corner with the roadway we have got now. And if we are talking 1,000 homes in the area, if that's 2.1 people per house, that's probably more than a thousand vehicles. I think they better go back and recount. Thank you. Corrie: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Allen, do you -- one second. Allen: Okay. Meridian City Council Meeting June 18, 2002 Page 35 of 61 Nary: On the issue about the screen for your property, did you bring that up at the Planning and Zoning Commission? Allen: Yes, I have. Nary: Okay. And it looks in our recommendations there isn't anything about a screen in regards to your property. Where is your house in relation to where that fence was where the roadway picture was? How far to the east is your house? Allen: From there we are 40 feet. Nary: And have you gone out there and sighted where that road is to see if the cars actually turning are going to be coming into your window or -- Allen: Unfortunately, our house does not sit square. Fortunately for us it doesn't. I mean it's not square. Nary: Is your house where it's at -- didn't you have like a picture window or something that faces the west? Allen: Yes. Nary: And there is nothing in front of that window; right? Allen: It faces southwest. Nary: All right. And there is no trees or shrubs or anything that -- Allen: Yes, there is. Yes, there is. Nary: There is some trees that -- Allen: Yes, there is. Nice big willow tree. Nary: So what additional screening do you think is necessary, then, if there is already trees and shrubs and such now? Allen: From what I understand from Ada County Highway, when they come in to acquire additional land, that that would be taken care of at that time, but that could be ten years down the road. Nary: No. No. My question, Mr. Allen, is you're wanting some sort of screening, shrubs, something now because of the traffic impact of this subdivision -- Allen: Yes. Nary: -- with cars turning towards your home. Meridian City Council Meeting June 18, 2002 Page 36 of 61 Allen: Yes. Yes. Nary: What I'm saying is you said there is already trees and shrubs there now, so what additional trees and shrubs do you think are really necessary if there is already screens? Allen: Well, the shrubs are not that high. Nary: Your shrubs already are not that high? Allen: Already are not that high. Nary: Okay. Allen: Because as you're coming north out of the subdivision, you will be coming up the hill. Nary: Okay. Allen: Which flashing right into our windows. Nary: Okay. Allen: Does that make sense? Nary: It does. Thank you. Allen: If you have been there, you would understand. Nary: I remembered the testimony from previously about where your house was. That's why I remembered about the windows. Great. Thank you. Allen: Thank you. Corrie: Next one is Doug Webb. Okay. Mr. Webb, do you want to wait a time or do you have testimony now? I don't know. It just says there is Doug Webb -- and, I'm sorry, Creta Webb. Okay. Sarah Groton. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Groton: Yes. Corrie: Your name and address, please. And you have five minutes. Groton: Sarah Groton, 3515 South Eagle Road. And my property would be to the southwest of the school, which is right along this access road that they want to use to go to the school and I'm kind of concerned about all the bus traffic going through, as well as the -- well, I guess -- yeah, this is my property right here. I'm concerned about the school children and -- this is right up against our yard. I mean in our back pasture area and there Meridian City Council Meeting June 18, 2002 Page 37 of 61 is the lighting from the school and the noise from the school and buses. The current road is it stands now doesn't seem wide enough to accommodate buses, you know, because they are going to be passing each other and I just, you know, wonder where they are going to pull that extra land from, as well as if they are going to building -- putting a well on the -- that upper northwest corner, as was pointed out, is that going to be draining the existing wells out there from all those small acreages? My other point was the way it's currently zoned I think it's really nice. As you travel out further west on Victory Road as you're heading like towards Ten Mile, there is a beautiful community out there. I just kind of hate to see all -- everything being eaten up by -- I don't know how many homes per acre exactly they are planning, but maybe if there were larger lots and I realize that the farmer would like to sell his land and, you know, I appreciate that, but if there was just larger lots to keep the beauty of this southwest Meridian in existence it would be wonderful. As far as the traffic, the road is incapable of handling this traffic. It is so difficult now for us to leave our property and get on Eagle Road, it's unbelievable, especially during the peek hours when people are going home or coming home from work and I know that 1-84 is packed tremendously. I just know eventually it's going to be an enormous -- and, granted, most of the people leaving 1-84 are heading north, but as soon as we put further subdivisions to the south it's going to be insane trying to get off 1-84 with the two -- you know, the addition of the two business parks that have just been put in place there by Overland and Victory and with the new high school out there, the traffic is just going to be unbearable I think for police, as well as the fire department. And I haven't seen any -- you know, how they do strips across the road for counting and I wonder if truly anyone is counting, because anytime there is an accident on 1-84 everything is converted -- I mean everyone travels on Overland and Victory and it is just amazing how traffic is totally backed up out there and I would appreciate fencing and a berm area, if at all -- if it does come to that, but I truly kind of object to this many homes per acre and appreciate your time. Corrie: Mr. Herman Pullman. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Pullman: Yes. Corrie: Your name and address, please, for the record and you have five minutes. Pullman: Herman Pullman, 4010 South Locust Grove Road. My concerns for this subdivision haven't changed since the last time we met about it. I'm still against it. It's going to completely, as far as we are concerned, destroyed our quality of life, because we have a beautiful view of the foothills now and that's going to be gone away. Another concern I have is the extreme high water table that is in this particular area. That is really only been addressed by the fact that if the -- when they put in the sewer line that that will alleviate it, because it did that on the -- putting the sewer line in the -- what was it, the subdivision to the north of Victory. I don't know how that's going to work. Right now, of course, all the hydrology reports that they have are good, because this particular area hasn't been watered -- irrigated in over two years, so when you get -- like my case I live on the southwest edge of the property, when you get 40 some homes in that area people are sprinkling their lawns sometimes two and three times a day. We are still going to have a high water problem and we have a high water problem right now, so that is one of my Meridian City Council Meeting June 18, 2002 Page 38 of 61 major concerns. Another one is the fact that the police and fire -- I'd just kind of like to back up what they said. I was on the overpass on Meridian-Kuna Road here awhile back and I was stopped waiting for, of course, the light to change at Overland and there was an emergency vehicle coming off of the freeway trying to go south on Meridian-Kuna Road. Now, fortunately, he was able to get across, but he took a big chance by doing it, because he went the opposite side of the road, he went down the northbound lane in order to get across. I think we are just going to create more problems as we go along if we continue to put subdivisions out on that side without taking care of the traffic problem first. That's all I have. Thank you. Corrie: Thank you very much. Is -- Doug, you're up. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Webb: Yes, sir. Corrie: Name and address, please. Webb: Doug Webb and I live at 1975 East Victory Road. I can mirror some of the things that have been said earlier. I would certainly like to see more of a transition in the density. With the comments that were made about the traffic and the improvements that are going to be made with the overpass at Locust Grove all in the future, is there any driving need for this now, other than a money-making opportunity for Gem Park II? One other thing I'd like to mention. We got a letter from the developer on a berm and fence. Is that something that needs to be entered into the record or is that a binding thing just with us having it? Nary: You want to enter into the record a letter that was sent to you? Webb: Yeah. Nary: Certainly can. Webb: Thank you. No questions for me, I assume? Corrie: Council, any questions? Bird: I have none. Corrie: Thank you. That's all that signed up. Is there anyone else from the public that would like to issue testimony? Okay. Back here, then. If we can have you -- yes. Back here. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? DeChambeau: Yes. Corrie: Name and address, please. DeChambeau: Mary Morgner DeChambeau, 2015 East Victory. I live on the Morgner farm. Just my views haven't changed much. I'm assuming that the sewer and all that Meridian City Council Meeting June 18, 2002 Page 39 of 61 situation has been taken care of and the amount of power that we have out in that area is assumed to be okay. And also I still have concerns about that little drainage thing, that little square green that sits on the back of our property, because we still are farming, that they assured me that the engineers say that it is adequate. I guess that is on record, so if it isn't, I have some recourse. The reason I bring up power out there is when we went to bout with Idaho Power, they told us that unless we put the substation out there there isn't going to really be enough power put out there. So I guess is that taken care of? I haven't heard anymore about that. And I also agree with the fire and the police about the road situation. I mean I guess I'm hearing 2005 and 2006 and my family is probably going to have to sit on this land, because of the federal government and their tax laws, so we don't have a choice at this point and -- in case you don't want to talk about inheritance taxes. So we are going to have to hang onto it for awhile. So I know that that is -- would solve a lot of your problems if we sold, but, unfortunately, we are caught in between here and we can't. So it will be farmland for quite sometime. And -- but I -- regardless of that, I am still concerned about the road situation. I mean I love this community and, like I stated the last time less than a year ago, I see no reason why we have to rush for the development of this city and put in the adequate catch up job, I guess is what, you know, I'm hearing, you know, from everyone. That's all I have to say. Thank you very much. Corrie: Thank you. Nary: Mr. Mayor, before Ms. Bowcutt comes up, I don't know if Mr. Webb might need this document for some legal reason at some point in the future. We can make a copy of it if that is part of the record. We can make a copy of it. I just think you might need it, so you might want it back. Nichols: Mr. Mayor before Ms. Bowcutt begins, a couple of items that need to be addressed. One is that perhaps staff can answer whether there is a berm called out and a fence in their development plans and, if so, that issue raised in the letter that Mr. Webb entered into the record may be already part of the development conditions and then, secondly, with regard to the lots that would be restricted to a single story house, I'd ask that the developer address this issue: One, how high will the roof be. B, does that include bonus rooms? And, C, will the developer commit to not raise the grade of that area beyond what's there now. The reason I say this is we recently had some trouble where, A, the grade was raised after the single story restriction was placed on the development. B, the contractors argued that a bonus room was not a second story and there was no restriction on the height of the house. So if the concern of the neighbors was the height of the structure and not having any windows in the second story looking down on their property, we need to know that, so that that can be reflected in the conditions of approval if it is approved. Corrie: All right. Ms. Bowcutt. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: Yes, sir. Corrie: Name and address, please. And five minutes. Meridian City Council Meeting June 18, 2002 Page 40 of 61 Bowcutt: Becky Bowcutt -- I'll just take three. I just want to be like the rest of the public. I don't want to give him a chance to -- Corrie: He's had his time. Bowcutt: Becky Bowcutt, 1100 East Valley High, Eagle. Almost forgot my address now. I'm here representing Farwest Development. The issue has come up concerning the parks. On the Comprehensive Plan there is an asterisk in the general vicinity that borders between this parcel and the parcel to the south. We have been told in the past that on those park plans that they do not identify any property specifically, that legally you cannot identify any property specifically, unless you're, obviously, intending to negotiate with that property owner for purchase of the parcel. This particular project, as far as amenities, has set aside a natural amenity along these waterways where we do have riparian areas, which the birds use. I have been out there, I have seen them in that area. Pathways. Your parks plan identifies a pathway along these water facilities. They have been incorporated into this project. Secondly, the elementary site that's been provided on this project. That is public open space also, approximately 12 acres, give or take a little bit, but it is public open space and it could be utilized by the general vicinity and this particular community. The third issue I'd like to bring up is the fact that we have talked with the school district and with the parks department in length on many projects and in my discussions with both Tom and Wendel, is they both voiced their concern about each entity going after the same project. One, that it would be more than a project could bear if they were asked to provide a school site and, in addition to that, a separate park site. Secondly, if you have the two vying for a site within a particular project, then you may end up with a little bidding war on who was going to get it and that may inflate the value. So according to them -- and this is what I was told verbally, that if one entity had acquired a site in that particular project, then the other entity would not pursue a site and I was told that twice. I have read the comment in the staff report, but I have not seen the letter from Tom. I haven't seen a memo. I asked staff to go through their packet and look for a letter or memo. They said they don't have one. Kent doesn't have one. So I'm not sure whether this was -- this was just something over the phone that they -- parks department asked that it be incorporated in the staff report -- I don't know. But I guess I'm a little bit disappointed in how this was handled. I try to encourage my clients and the development community to provide open space and pathways. The two development companies on this project are the only two entities that have pursued cooperation with the city in providing a public park, that being Bear Creek. And, secondly, the Lochsa Falls Park that has been proposed. And so I guess it really bothers me that this type of tactic has been taken, because then it makes it difficult for me to do my job and convince my clients that parks are good, that we can work within the system, that credit is given for bringing in quality projects that benefit the community and I guess my point is this is a quality project, it's gone through the ringer, they went back to the drawing board, they revamped, they took into consideration your comments and staff's comments. I have yet to do a development in any particular area of the City of Meridian where somebody has got up and said this is the absolute perfect place for a subdivision, because we have got three and five lanes highways and we have got a fire station right across the street and a police station across the street. We are always playing catch up and the best that we can do is try to increase park impact fees, work with the Highway District to get these improvements accelerated, you guys have been pursuing increasing Meridian City Council Meeting June 18, 2002 Page 41 of 61 your levy, so that we can provide additional funds for these departments and I guess I'd like you to take that into consideration. Thank you. Corrie: Becky, I have a question. You said you talked to the school. They said that if one entity got a park they wouldn't ask for a school in the same area? Bowcutt: That is, correct, sir. Corrie: Okay. Bowcutt: Wendel Bingham. Corrie: That's exactly what they are doing even now. We have got one -- a park, a community park and they are building a school right next to it. We have got some other land to the north -- north Meridian area, north area, and we are probably going to do the same thing. So I just want to clarify, so I could -- Bowcutt: Well, I guess, Mr. Mayor, so are you saying that they are asking for a school site in the same project that you're asking for a park? Corrie: I don't know. That's what I'm just finding out who said -- who said what, if the school said that. Bowcutt: I don't think the two are opposed to having a park and a school within the same section, because they believe -- the school district believes they need an elementary in almost every section. But the issue is asking from the same project, like double dipping and more than a particular project can bear. Like this particular parcel is 40 acres and they want 20. That's 50 percent of this parcel. Corrie: You realize that north section out there has got very few owners, that we are going to have that same problem. So I just wanted to see if -- Bowcutt: Yes, sir. Thank you. Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Council, any questions that you wanted to ask staff? Anybody else? Kent, do you have any comments or questions that -- Brown: Mr. Mayor, again -- forgot. Corrie: Okay. De Weerd: For awhile. Brown: For the record, Kent Brown. I'd like to try to address some of the issues that were raised by the different people. If you were to look at Mr. Allen's situation, he talked about coming up the hill. When you get to the intersection we are required to have a certain distance to be flat at the intersection. You don't want an intersection that is at an angle. So Meridian City Council Meeting June 18, 2002 Page 42 of 61 there will be a portion that we turn there that will be level with the street. Mr. Johnson was not opposed to putting the shrubs up, but I don't know where we would put them that it would provide that buffer that he seemed to be concerned about. The entrance to -- off of Eagle Road, we have a landscape buffer on the north side of our property, between our property and Sarah Gorton and we would have trees and shrubs along that portion that would help to buffer and mitigate some of that problem. At each one of the entrances one of the things about starting in the three different locations is that we will be putting in the center turn lanes and doing all the street improvements out in those areas, other than the ones that the Highway District will take care of, but we will be doing the center turn lanes on all three of our entrances as part of doing our approvals. The well was just mentioned. it's up in the upper end and I'm sure the public works could probably address your concerns about her well and what their well would do to that. Mr. Pullman -- David, if you could move the drawing further -- we have two lots that butt up to Mr. Pullman and one huge lot in the corner. Yes. Right in that area. So that the homes would be about as far away as possible that they can be. They have rear yard, so they are large lots in those areas with large back yards and we have addressed -- we have had the ground water study and as a part of getting the public works approval we can't have high ground water either. The experts are telling us that when we put in certain cutoff drains and certain things that that's going to take care of the ground water with regard to our development. Obviously, if the neighbor overwaters, you know, that's -- it's just like, you know, my neighbor overwatering on me, there would be those concerns, but that -- other than that, from the development standpoint we are not going to be dumping lots of water onto Mr. Pullman. Mr. Webb -- our development plan does show in the center section there between the Eight Mile and the Ten Mile a berm across the whole northerly boundary of the development in that area and a solid vinyl fence would be going in that area. They said that they wouldn't be doing some burning or anything. My client went out and met them out at the site. The berm would be centered on the property line -- two property lines there and it would be at least three foot tall with a fence on top. In the Planning and Zoning hearing they did ask us to designate the three lots for the corner as single level. We would be happy to put whatever kind of restrictions you're looking at, so that you're not looking at a bonus room or steeper roof or whatever. That's been our intent and we understand the concern there, so -- power and water, sewer, and all those issues have been addressed by the public works department. There is a new substation south of the freeway that's been put in, which will help their power concerns. We are bringing power down from Locust Grove along Victory to our development down Eagle Road. There isn't any power concerns of the power company. Mrs. DeChambeau's concern about the drainage area that we have there, we are planning to have a cutoff drain between us and them to dump into either the Eight Mile and if we can't get permission there, then we will dump it into Ten Mile to pick up any water -- basically water that's coming from the Ridenbaugh canal and crossing across the Morgner farm and then coming to our property. That same cutoff pipe that we would put in would stop any water from traveling to the north onto the Morgner farm and our engineers are required to make sure that that water stays on site. So that should be taken care of. I guess I would -- and I could have Mr. Dobie once again address the traffic issues in the area. We talked about that there is adequate traffic things that are taking place. The Highway District has made certain adjustments of Eagle Road. The intersection of Eagle Road and the overpass, those kind of improvements are going to make better improvements to the traffic areas. Obviously, Victory Road won't be widened, but at our entrances we are widening the road for the Meridian City Council Meeting June 18, 2002 Page 43 of 61 traffic to exit and decelerate from our development. I'd just like to bring to your attention that in our conditional use we call out 18 acres of open space. That 18 acres is the -- as is calculated are those that meet the city's requirements. We have close to 30 acres of common area overall, but 18 of it is the parts that we can count as your acceptable open space. We have got 9,100 feet of pathway through our development. Since the last time that we were here the city has grown out in this direction and the services have come out this way. I did a little sketch today in the office and looked at Touchmark -- you approved the Touchmark Subdivision tonight. The far end of the Touchmark development is the same distance as it is to our project as the crow flies from the new police station, which I thought was kind of interesting to me when I measured those out. I have had similar experiences with park sites with Tom and Wendel when we were dealing with Tuscany -- or Keltic. We had a high school site and an elementary school site. Tom, therefore, said he didn't want to take another chunk out for a park site, because it was coming out of those projects and that's been something that's at least taken place in the past. I will stand for any questions. There is -- I have figures on the amount of hook-up fees and money that would be generated by this project that I can answer. Corrie: Questions? Bird: I have none. Corrie: Okay. Thank you. Nary: I do, Mr. Mayor. Mr. Brown, I am curious, though, on the annexation on your letter that you provided us today, you said that basically you take a disagreement with the Planning and Zoning Commission in that particular condition regarding the park site. What I'm wondering is why wasn't that brought up at the time? If it was in the staff report and it was included as a recommendation of the staff, why wasn't that discussed at the Planning and Zoning? Brown: It's under comments, it's not under conditions. It's just in the comment area and it says: Parks. Meridian Parks and Recreation Department has indicated that they would like to have a 20 to 25 acre city park within the boundaries of the proposed subdivision. Please refer to Parks and Recreation concerns of this application for more parks requirements. There wasn't any. I never received anything and when I first saw that, that's when I saw the condition that we have an issue with is taking a 20 acre park site out of Tuscany East. We never saw those requirements in our previous hearings and we -- Nary: That's not in the staff report, that's -- Brown: It's not in the staff report, no. Nary: Okay. McKinnon: Mr. Mayor, Members of the Council, if I could offer some clarification on this issue. The wording that's in the -- item number 18 in question concerning the annexation comments saying that they adopt the parks and recreation staff comments as follows, those comments are not found in the staff recommendations and conditions from the Meridian City Council Meeting June 18, 2002 Page 44 of 61 Planning and Zoning staff. In talking with Tom Kuntz the one item that was included in the memo was the wording that you have in front of you tonight. The Parks and Recreation comprehensive action plan recommends a 20 acre park. That was something that the parks had included with that. I do not have a copy of that in my files. I have gone through my files, but that's language that according to Tom was included with the staff comments at the Planning and Zoning Commission hearings. Brown: Earlier today I went through the packets that I received from the city and I did not see any parks comments in any of those. The only one that I had was in the Planning and Zoning that I just read to you. We saw those in a draft form, talked to the parks department real estate people that they said that were handling the acquisition of the park in those areas and we did offer to help them find 20 acres somewhere else in this section or another section. I am under the understanding that some of them brought forward -- and I can't remember Tom's testimony if he said there were other parcels. My client told me earlier today that there is one on Amity Road in the same mile section as a 20 acre piece that's got a for sale sign that they are trying to get -- to sell it. So I know that there are parcels available in the area. Nary: Well, I guess I'll ask Mr. Kuntz, since one of the things that we are being asked to hold that -- hold them to this recommendation, is the recommendation from the Planning and Zoning Commission, can you tell me where it's at in the staff report? Because Mr. Brown is saying it wasn't there. Kuntz: Mayor and Council, Councilman Nary, all I can tell you is that we still have the memo on our e-mail dated the date that we e-mailed it to the city clerk's office with copies going to Planning and Zoning staff, why it's not included in the packets -- Nary: No. No. I meant -- what I -- I guess what -- and maybe Mr. Brown can correct me. I understand it's on the recommendations from the Planning and Zoning Commission. What I had understood Mr. Brown to say was prior to that document it wasn't in the staff report that was presented to the Planning and Zoning Commission, so he wants to know how did it get there if it wasn't what the staff recommended at the Planning and Zoning Commission level. Now is that -- am I misunderstanding that? Is that what you said? So I'm asking in the staff report where is it? McKinnon: Mr. Mayor, Members of the Council, Councilman Nary -- I still want to call you Commissioner Nary. Sorry. In the staff report we don't include all of the comments, because a lot of times we prepare the staff report prior to receiving of those comments. The police department comments are not listed in the staff report, it says please refer to those. When the Commission makes a recommendation to approve with staff comments, they are including the comments that are made by those people that are separate from the staff report. Nary: That are attached to the report. McKinnon: That are attached to the report. If this item was attached to the report and they made a motion to approve it with all staff comments, Tom's comments would have been included with that and that all went to the legal office and they included all staff comments. Meridian City Council Meeting June 18, 2002 Page 45 of 61 Nary: I understand that. All of those comments should be attached to this report. Where is it? If isn't here, then I don't -- and it wasn't discussed and it's not attached, why would I assume that it exists prior to this being made? I mean what Mr. Brown is saying is that after the fact someone sends a memo saying here is our comments, attach it to the report. It's not here and this is supposed to be the complete report. So I just don't know how we get -- it can't get included otherwise, unless someone talks about it or includes it as part of the discussion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It was mentioned in the minutes, a Mr. Sherer had brought it up. I think he was representing Mrs. Broden. And I see in his testimony he did bring it up and Mr. Centers did ask a question about it, but they didn't spend any time on it, but it was -- it was mentioned, so for what it's worth it is there. Corrie: Okay. Brown: You asked why we didn't make an issue of it, because as you read that condition it's talks about further comments taking place and something to be addressed. In our mind when we offered to meet with the real estate people representing the city and help them find a 20 acre parcel, we thought that that was taking care of the issue. We thought that that's -- we helped them and the issue was gone. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It's also noteworthy in that conversation that it was mentioned as a potential site, but the Commission didn't take it any further than that and neither did the applicant, so -- Corrie: Any other questions? Bird: I have none. Corrie: I might just add as the crow flies it may be the same as the other, but fire trucks don't fly, they have to go further around. It's not the same. Brown: And I would comment on that is that after the 2006 when the money that you guys have allocated to help make that bridge happen, the overpass, we will be closer than -- Corrie: Right now it's not and there is a problem. De Weerd: Mr. Mayor? Meridian City Council Meeting June 18, 2002 Page 46 of 61 Corrie: Mrs. de Weerd. De Weerd: I guess I would like to hear from Tom on his position on parks and schools and -- since he's been quoted a couple of times, I would be -- I'd like to hear his comments on that. Kuntz: Mayor and Council, Ms. Bowcutt was correct in meetings that we have had with the school district and the parks department. We did comment that we will try whenever possible not to mix school and park sites, but it's all contingent upon the size of the development. Obviously, if it's an 80 acre development versus a 300 acre development, we are not going to request a park site and a school site. We feel that the size of this development warrants both an elementary school site and a 20 acre site, especially when you look at the location and the number of houses that are already built in this area. I know Farwest developers built Thousand Springs, 400 houses, but the comment that was made is correct, we'd like to try and avoid procuring too much park space and school space in the same section, depending on the size of the development. I guess I would like to digress just a little bit and make sure that you're aware that the first time that this Tuscany Lakes came through at a Public Hearing we commented that a 20 acre site was noted in this section in the Comprehensive Plan and the Parks Action Plan and that was the first time it came through. We had discussions with Farwest developers a year ago that we would be looking for a 20 acre site in this area contiguous to Eagle Road. When we received notice of this revised plat and those 40 acres being part of the new Tuscany Lakes plat, I had a phone conversation with Matt Schultz to let him know -- to remind him that we had a 20 acre site in that area that we'd like to try and incorporate into the development. We had a real estate agent contact us and we went out and looked at some land south of Tuscany Lakes to see if there is some options. There is other land that may be available, but we just felt that based upon the size of this development and our ability to exchange impact fees for the 20 acre site, that if we could secure that site now and the number of people that would be impacted by having that park site available there, that we wanted to submit those comments to the Planning and Zoning Commission, which we did in a timely manner prior to the first hearing, and I can produce those documents tomorrow to the Mayor's office and the Clerk's office. They were e-mailed simultaneously to the Planning and Zoning Department, so I don't feel like we have surprised anyone or came in at the fifth hour on this project at all. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Brown's testimony, Mr. Kuntz, is that there is 18 acres of recreational space, usable space in this now. So what percentage of this property is that 18 acres and how does that relate to the 20 acre park site you'd like to have, too? That seems like you want 30 acres of recreational space or are they two totally different things? Kuntz: Well, I would need to run the numbers, but the space he's talking about would be trails, biking, walking, those type of things, which are very important amenities to a community, but it does not take into account just pure open space that can be used for structured youth activities, adult activities, picnicking, just open space that's needed. Trails Meridian City Council Meeting June 18, 2002 Page 47 of 61 and pathways and the green space that he's got in this development, from what I can see, can be used, but it can't -- it's not going to be used in the same way, shape, or form as a 20 acre community park would be. But I don't know the percentage and I certainly want to look at that. Nary: Just one last question. I guess, Mr. Kuntz, what I'm curious about is if the developer -- I'm not -- I don't know that this has even been in their thought, but I know we have pathways and trails on our park plan, as well as open space. I mean if we were between the two -- and I recognize that there is some amenity that they want to use this pathway as well, but I guess what I'm -- I guess what I'm having a hard time comprehending is that if they are going to provide 18 acres of other recreational space -- and I don't know how much those pathways are part of that, and you're saying you want 20 acres on top of that - - now if I was a developer I would say pick one, you can have one or the other, but, you know, I already have 18 acres of recreational space in one form, then I'm going to take that back and I'll give you the 20, I mean how do we reconcile that to the developer when it sounds like we are wanting, really, 38 acres of recreational space. Kuntz: Council Member Nary, I guess before I would answer that I would want to make sure I reviewed the 18 acres of open space to make sure that it truly is usable open space, not drain swales or other things that really do make it unusable. So I understand what you're saying and it makes sense to me, but I would like to take a look what those 18 acres -- what kind of needs they really meet before I comment on that. Nary: Thank you. Corrie: Any other questions? McKinnon: Mr. Mayor, Members of the Council, if I might, I just had a brief conversation with the city clerk and the city clerk was able to produce the memo from the parks department. De Weerd: It's in our packets. McKinnon: It's in your packets. You guys have a copy of that. A couple things to point out is that if you got the received date on your -- from your packet, the received date was May 1 st. The meeting for the first Tuscany Lakes hearing was May 2nd. So this was received the day before the hearing. So this may never have made it to the applicant, because they may have picked up -- they probably should have picked up their packet prior to that hearing. Whether or not they were made aware of that or not is something that could be of issue at that. There was a continued hearing, so rather than pick up an additional packet with additional information, whether or not they were contacted or not I don't know, but we do have the memo. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting June 18, 2002 Page 48 of 61 Nary: Mr. Brown, so now that we found this memo, it wasn't a surprise. It says here it's in the packet of information, so you guys actually did have this information and had it a year ago, that they wanted a 20 acre site. Brown: You're talking about on our previous application? Nary: Well, it looks like there is both. I mean it looks like they are saying previously when - - Mr. Kuntz's testimony is that they had discussed it with Farwest a year ago and what they are also saying is at least this information was available at the time that this was discussed at the Planning and Zoning Commission. Brown: A year ago Farwest was not even a part of this application and I don't know if you can remember when we went through this, we discussed at length a park site and at that time Tom determined that he didn't want anything from the Gem Park owners, that he didn't want a park site at that -- out of this parcel. Now whether he at that time said he wanted one of the Farwest parcel or not, I don't know. We did pick up our packet before the 1 st and it wasn't in what we had. That memo that you're talking about we never did receive. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think that conversation was more about pathways than a park. That's how I remember it. Brown: To refresh your memory, we had a lengthy discussion about whether the parks department wanted a pathway along the Ridenbaugh canal -- De Weerd: Right. Brown: -- that went down behind the school site and whether at that time Tom was looking for a school site on the opposite end, on the Locust Grove end, and we met with him in Gem Park offices and discussed park sites with him at that time and offered, again, at that time to help him find another park site and basically explained to him after we have done the design it's difficult to throw in that design, plus all the other amenities to make that happen and he talked about a park site at that time on the previous application. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Brown, can you tell me a little bit about some of these green spaces? Are they drainage swales or are they something else? Brown: The city's formula for being able to count those areas, that's why I said we have some 30 acres of common area, but the open spaces that we are providing, yes, those are very usable. Tom. Dave. Kenny. Someone. Meridian City Council Meeting June 18, 2002 Page 49 of 61 McKinnon: What did you need? Brown: If you look in between the Eight Mile and Ten Mile area, the Ten Mile is called out on your Comprehensive Plan as a pathway. If we put that section of pathway in -- and we discussed this in the previous application, it's a pathway that goes nowhere and connects to nothing and to make that space more usable, we have a linking pathway system that makes that loop between the Eight Mile and the Ten Mile. You can walk totally around that whole area and by creating the man-made ponds along the Eight Mile and going underneath our road and through, we will have a very usable space that will entice animals and so forth, we want to put natural vegetation on the pond side of the path, we want to encourage those kinds of things to happen in there that wildlife will come and that you can see out the backs of those homes. The Eight Mile -- or the Ten Mile is already in existence in that format and so it is counting all of that area in that acreage, that natural riparian area. Nary: So that 18 acres is predominately in this -- Brown: Then if you take the pathway that we have on the other side of the Ridenbaugh canal -- keep going east. The other side of the Ridenbaugh. There. Those series of storm drainage facilities have a pathway that links through them creating a pathway system there and once you link that with the school you will have -- you will have a section of road that's a tree-lined section of street right there and we have tried to create a trail system there. There is also the dark spot that you can see in the center one that there is a basketball facility, basketball court there. We are trying to create usable open space, instead of a soccer field, as you probably read in our application we spoke about those. This is a storm drainage facility, but also is used for the open space and it's not calculated in that 18 acres, because it's not a part of the PUD. The 18 acres requires a certain amount of open space. There is other common areas in the five percent that is in the Tuscany East portion, but it is in addition to the 18 acres. And I think your analysis is correct. I mean we are talking about with a 20 acre park site, usable open space, you're talking about 38 acres of open space that you're requiring out of 196 annexable acres and I can't remember how many acres of that is roadway. I mean our home ratio is 2.4, if I remember correctly. Thank you. Nary: Thank you. Corrie: Any other questions from Council? Okay. Then I will entertain a motion to close the Public Hearing. McCandless: Mr. Mayor, so moved. Corrie: Okay. Do I hear a second? Nary: Second. Meridian City Council Meeting June 18, 2002 Page 50 of 61 Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the Tuscany Lakes Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: This application is tremendously improved since we last saw it and I think it's a nice application. I guess I am concerned, because we do get mixed messages from our -- in regards to the parks, you know, that this was kind of an ongoing thing and at one time they said we will help you find spots and then we hear about the parks and the schools and I don't think there was any clear message and from what I saw in the testimony from P&Z, there wasn't any real clear conversations about it either from either side, from the staff side or from the applicant's side. So by keeping that in there, it should have been caught before now. It should have been caught at P&Z. But I also agree that they have a lot of open space amenities. When we sat with the landscape ordinance and we talked about open space, it wasn't just park land, it was open space, it was creating an amenity, a pathway is part of that open space amenity, and so I do believe that they are creating a nice amenity into that area that not only those residents can use, but others might as well. I still have the concern that we had a year ago when we heard this and it's with our safety services and I don't know if there is a real substantial thing that we can deny this application just based on that. These houses won't be built overnight and we will start benefiting from this development and so I have mixed emotions on it. I do think it's a much stronger application and it's very apparent that the applicant has listened to the neighbors and have tried to make concessions to address the concerns and I guess that's my muddled message from vacation. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I only sat in on the Planning and Zoning Commission hearings on this, but -- and I do remember the concerns and the discussion that we had and I would agree with Council Member de Weerd, I think it's a much better project than what we saw a year ago. I do think that we do need to encourage and continue to include Mr. Allen's property into this same condition with Mr. Young's property in regards to screening and buffering, because I just don't it end up being one person -- one person gets that consideration and the other one doesn't. They are in the same situation. The other issues that have been brought up by everyone regarding the buses, regarding the school, regarding traffic, are things that we can't control. There is things that we don't have any control over any of those things. The school district controls them, the Highway District controls them. I think as Council Member de Weerd said, a lot of those things are things that will develop as this develops. Some of them are going to be provided by the developer themselves in being able to put Meridian City Council Meeting June 18, 2002 Page 51 of 61 this in. I wasn't in favor of this project a year ago. I am pretty torn about it, because I don't see anything other than the public safety concerns, but the concern for this project are significantly different than the concerns we had for Thousand Springs that's already there. It's far out, it's a ways out there as well to provide the same service. I don't know that we really have a tremendous amount to deny it based upon those things that I think can be dealt with through the development process -- through this process. I think the -- again, the berms, I think defining the second story and how high the houses could be and those kind of things, I think we need to work through, whether or not we -- how we put those conditions, but, finally, I think the parks issue -- I think 18 acres of the space that's there, that's approximately where we are at, I think that's fine. I don't think a 20 acre park is the only way to go. I certainly think that would be a nice addition. I think we have seen a little bit more park kind of space -- traditional park space in smaller projects like the Marlin Subdivision we approved tonight, had a fairly good size little park, but this pathway is something we wanted as well and this is something, actually, the developer is going to build all of it versus a park that they are not. Yeah. The developer is going to build it, because it's part of their project and it's part of their amenity versus a park that we are going to have to build and maintain or find someone else to do that. So I don't necessarily think it's bad to do it this way and have this as something else, I don't think it's one size fits all. There is a park -- there is usable space on the school grounds. That's a different issue for this, but I'm torn, it is far out, there is always a concern about how far this is, but -- providing some of those services out to that area, but I think there is a lot of improvement here that we hadn't seen before, so -- McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: You know, I have a great deal of empathy for developers that work so hard to get something and he has -- they have improved this quite a bit from what we saw a year ago. Having said that, though, in a rapidly growing city that we have, somewhere along the line we are going to have to take the horse from behind the cart and put it in front. We have got roads that just can't handle that stuff out there. You talk about having the overpass on the five year plan, I have seen things on the five year plan that go into the ten year plan and then disappear. It's a real problem and I think we better look at our infrastructure before we start putting in huge projects. That is my feeling. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will end the opinions. I want to compliment the developers on -- when we turned this down over a year ago or about a year ago, we had made some suggestions and they went out and did everything. One thing I want to clarify is we are not asking them to give us 20 acres for a park, we are willing to pay for it. Just like Bear Creek, we paid for that. Don't kid yourself, we paid for it. It's a nice amenity and we appreciate it. Not having a park out there isn't going to hold up -- doesn't hold my vote up. The public safety, it's a ways out, but I think that -- I think it's something that if this is going and the stuff we are going, we are debating right now on a third fire station, that this might have to be Meridian City Council Meeting June 18, 2002 Page 52 of 61 considered over to the north. I have some real concerns for the police answering, but they are usually out and very rarely do they have to make their runs from the station. They are usually out in the -- their patrol officers are out on the street. So I don't know how you -- how after they went and done everything we have asked them to do, how you can turn them down on that, even though we do have a concern for our public safety. But I think that -- and I don't think this development is going to be built overnight. We are probably looking at a ten to 12 year, maybe 15 year build out. That -- so I just appreciate that they took what was showed to them, what we wanted done, and they went and done it and redone it. I think they brought back a very nice development. Corrie: Okay. With that being said before, Council, I'll entertain a motion for acceptance or rejection of -- let's start with the annexation and zoning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I have a question for David. With the fencing requirements and the entrance off of Eagle from the -- on the east side, I guess it's just from Eagle, we usually ask them to fence the perimeter. Would that not be fenced along the side of the berm? McKinnon: That would be fenced alongside the berm and we get the fencing details on that with the final plat application. De Weerd: Okay. And the applicant will work with the adjoining property owners on fencing? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I want one clarification now. Mr. -- like this from Mr. Smith. What is the height of a one story house that we can put in there? De Weerd: That is the pitch of the roof. Bird: The height. That will safe -- you can only be so high and you can be -- the roof can be like this, but you can only be this high. What's the classification of a one story house in height? Anybody -- can any developers or builders tell us? McKinnon: Mr. Mayor, Members of the Council, Councilman Bird, if I could offer just a couple of items for you. In the R-4 zone the maximum height limitation is 35 feet. So that's the existing height limitation. In a lot of the modern homes you get some cathedral ceilings that go up to 14 and 16 feet in height for a one story home. That puts that height of that roof with a 6-12 pitch, which is what you typically see in newer construction at this time, for the type home I think that they are projecting for this project, you're looking at the height of the building once you get to the top of the peak of less than 20 feet. I don't know if that's something that the applicant would be okay with or not, but once you figure your Meridian City Council Meeting June 18, 2002 Page 53 of 61 trusses that are up in there and then you have got to put your insulation up in there and the roofing material on top of that, you're looking at some 20 feet in height for a large one story home with a cathedral ceiling. I don't know if 20 feet is -- Bird: You're looking at -- you can put a bonus room in a 20 foot high -- McKinnon: Absolutely. Bird: -- a bonus room and that's one of the same conditions right here, they don't want to bonus room and we just went through this with a house -- we are going to get it clarified, we are going to get a height. Now if they want to put a bonus room down on the middle of it, that's fine, but they are only going to have to be so tall at the top. In 20 feet you can have a bonus room. McKinnon: Mr. Mayor, Members of the Council, I agree completely with you, Councilman Bird. I lived in a house that actually had a pitch of a roof that's higher than the house next door to me, it was a single story home, but the pitch of my roof was higher than my neighbor's bonus room. If you go around the golf course in the new subdivisions, there is many single family homes -- many single story that actually have the high ceilings. They do get quite high. If you want to look at a specific height limitation, we need to set a specific height limitation and throw in some language saying that the highest point projection of the home cannot exceed that. Some help from the attorney -- actually, the attorney that we have here tonight, I think that we worked on projects similar to this with EI Dorado where we limited the height of the buildings in EI Dorado to the highest point of the building, regardless of the stories. If you want to go one story with no bonus room, we can make language to prohibit that and place a note on the plat if that's what the requirement from the Council is. De Weerd: And that would also have to have fill, you know, that you couldn't be filled right in, so that you -- Bird: You have got to have the height off of zero elevation. McKinnon: A zero grade. Bird: A zero elevation. They bring four foot of fill in and they got to bring the height of the house down for us. McMinnon: So the current existing grade -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Haven't we had this before? Can't we create a finding along that perimeter that of the project on the adjacent property owners, that there won't be any living spaces or windows or something facing the other property, so that above a certain height, above ten feet, above 12 feet, something that's simpler and that they are trying to figure whether or Meridian City Council Meeting June 18, 2002 Page 54 of 61 not they actually graded the property higher, whether the pitch of the roof is too high? If our concern is -- and which I agree with the neighbors, they don't want people living and looking over their back yards. It seems like we could find a simpler way to write that, to have them worry about whether they graded the property higher or not or something. Bird: Well, Mayor, Mr. Nary, I agree, Mr. Nary, but if you don't -- if you don't have a limit, a height limit, what the people are objecting to -- I don't think it's the looking out down into there house as they want to be able to see a little bit. And you can have -- and you can have a single story and have a 12 pitch roof and you're going to be 35, 40 feet in the air. Nary: Well, they can't be higher than 35 feet and that's what the zone allows, unless we are going to go out and measure every building every time. They don't have a view easement. If you have a view today, you may not have a view tomorrow. That is not what we are protecting. We aren't protecting people's views, we are protecting them with the height of the building. So if we don't want people living and looking over their fence, that's fine, but we are not there to protect their view, they don't have a right to a view. So to me that 35 foot limit is what's allowed. That's what the zone allows and so we need to decide if you want anybody living on this 35 feet upper and are going to have a room available to look over the property. But if we are there to protect their view, that's not what our ordinance does. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: And I agree with you, because I do -- I believe that a bonus room is a single story. I don't believe that is a two story. That's a single story building. And anyplace you look in any code book or anything else, it is a single story building with a bonus room. So this is just something that -- I don't know. Nichols: Mr. Mayor? Corrie: Okay. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, let me -- my grand dad was a carpenter, but I'm not. But let me make this suggestion. If you limit the height of the structure to no more than 20 feet from zero grade with a roof pitch not to exceed 6-12 and that there are not to be any windows above the first floor, that should satisfy the concerns about height of buildings, second stories looking down over the fence in the backyard, all of those kinds of things that typically we get into when we -- and I think that should be something that the developer has already agreed to single story homes on those particular lots, it's already spelled out in the staff report in the recommendations, so it's just a matter of setting those out. Corrie: And I might add, Mr. Nichols, that it should be placed on the plat, so we don't have anymore problems. Nichols: I agree. Meridian City Council Meeting June 18, 2002 Page 55 of 61 Corrie: That could be part of your motion. Okay. Any other discussion? Any other questions? Bird: I have none. Corrie: Okay. Hearing none, I will entertain a motion on the annexation and zoning request. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for annexation and zoning of 196.20 acres from RT to R-4 zones for Tuscany Lakes Subdivision and to delete the recommendation regarding the 20 acre park in phase one of Tuscany East. Okay. And ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Okay. Motion has been made. Do I hear a second? Bird: I will second it. Corrie: Okay. Motion has been made and seconded to -- motion to approve the annexation and zoning with deletion of the mention of the 20 acre park request. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye. Corrie. Okay. Three ayes, one no. Annexation and zoning motion is approved. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: I'll entertain a motion on the preliminary plat request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of PP 02-006, request for preliminary plat approval of 455 single family lots, 38 common lots and one other lot on 190.47 acres in a proposed R-4 zone for Tuscany Lakes Subdivision, to include staff comments and recommendation from the Planning and Zoning Commission with the following amendments to condition eight of the preliminary plat, that the term each phase be included in condition eight, page three, as requested and agreed to by both the developer and staff, that condition ten on page three -- I guess my understanding was that the wording was probably -- can be deleted, because it has been completed; is that right? McKinnon: It's been completed. Meridian City Council Meeting June 18, 2002 Page 56 of 61 Nary: And so condition ten can be deleted. Condition 12 remain as is. That condition 19 -- ask that it be amended to include Mr. Allen's property as well, that the developer and Mr. Allen and Mr. Young figure out what the best screening methods that would assure them of some buffering from their property, so I'd like Mr. Allen's property included in condition 19, along with Mr. Young's, to delete the staff parks and recreation comment regarding the 20 acre park site. I think that was all the ones in relation to the preliminary plat. De Weerd: How about the height? Nary: Oh. Okay. What Mr. Nichols said. I can't repeat that. It was -- De Weerd: Twenty foot-- Nary: Twenty foot height -- De Weerd: Height. Six -- Nary: From zero grade. 6-12 pitch of the roof. De Weerd: And no windows above-- Nary: No windows above the first floor. Bird: And where is that located? How many lots? Nary: That would be on the lots -- basically the lots adjacent to any existing homes. I don't know how many there were. McKinnon: There were three lots. Nary: That's the only three lots that were adjacent to existing homes, as noted in the letter that's included in the record. And for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order for all those, included the changes. Bird: Second. McKinnon: Mr. Mayor, Members of the Council, a point of clarification for staff. Issue number 19 talks about approval of the preliminary plat to be contingent upon approval of Mr. Young. Do you want to continue the language to still be in place if you approve this tonight you're not -- Mr. Young hasn't given staff approval for that yet. The existing language says it shall be contingent upon approval by Mr. Young. Do you want that language to remain in place? I don't think you -- it's doesn't appear that you do. I think that you shouldn't adopt that on the same wording, that there needs to be some word smithing with that. Nary: I certainly want Mr. Young and Mr. Allen to be at least -- I want them to be reasonable and be reasonably satisfied with it. I don't know if Mr. Nichols can word -- I Meridian City Council Meeting June 18, 2002 Page 57 of 61 think contingent can be problematic in giving them the detail authority. I certainly want them to be reasonable, I want the developer to find reasonable placement shrubs and I want them to be reasonable in their -- I guess their approval shall not be unreasonable is what I at least wanted to say or something to that effect. Mr. Nichols can probably make that clearer. Are you okay with that? Nichols: Mr. Mayor, Members of the Council, what I think you want to include as a condition is that the developer would provide a reasonable screening or a means to provide reasonable screening at the time Victory Road is widened and somehow we'll come up with something that talks about reasonable screening to replace existing shrubbery or to reduce the impact of headlights, that sort of thing, coming out of the subdivision, we can -- we will have something in the formal findings for you to review and we will get the language to Mr. Allen, Mr. Young, and Mr. Brown ahead of time so they will have a chance to review it. Nary: Thank you. McKinnon: Mr. Mayor, Members of the Council, one more item of consideration before you take action on the motion that's been seconded. Item number 69 under the preliminary plat on the page from the recommendation of Council by the Commission includes the 20 acre park. Is that to be stricken? Nary: I thought we did. McKinnon: We got item number 20. Nary: On the letter it doesn't have a designation as to what one it is. McKinnon: Okay. All reference to the 20 acre park will be removed. Thank you. Nary: Yes. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: One more thing that the applicant had mentioned was about a secondary -- that they would work with the Meridian fire department for secondary access, that that should also be on the preliminary plat. Nary: The secondary access with a nonbuild on some of those lots until all the bridges are built. So, yeah, that would be included. All right with you, Mr. Bird? Bird: I would second that. Nary: Okay. Meridian City Council Meeting June 18, 2002 Page 58 of 61 Corrie: Okay. You have heard the motion. I hope the stenographer got all that. I was going to repeat it until we got into some of this other stuff, so I'm going to look really close at this one. So motion has been made and seconded. Is there any other discussion? Hearing none, roll-call vote, Mr. Clerk. Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. Same vote. Three to one ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: Now I will entertain a motion for the request for a Conditional Use permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of CUP 02-006, the request for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision by Gem Park II partnership, which would include the recommendations of the Planning and Zoning Commission and that item 20, I think that's where Mr. McKinnon was looking at, item 20 in regards to the 20 acre park site on this particular property, that that provision be deleted. All other comments and for counsel to prepare Findings of Fact and Conclusions of Law consisting of all of the discussion we had regarding the lots -- I don't think this part has any issue regarding the height, I think this is all on the East, so it probably is not necessary. Bird: Second. Corrie: Okay. Motion has been made and seconded on the Conditional Use Permit. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Three to one ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE NAY. Item 21 : Water, Sewer and Trash Delinquencies: Corrie: Okay. Item No. 21. I think I got it somewhere. Water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have a right to a predetermined hearing on Tuesday, June the 18th, 2002, before the Mayor and City Council to appear in person to be judged on the facts and defend a claim made by the city that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued on June 19th, 2002, and/or June 26, 2002, unless payment is received in full. Is there anyone present that wishes to have his or her water, sewer or trash delinquency contested? Hearing none, you are hereby informed that you may Meridian City Council Meeting June 18, 2002 Page 59 of 61 appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho state code. Even though you do appeal, your water will be shut off. The amount of the shut off list is $24,223.13. I'll entertain a motion to approve the delinquency turn off schedule and the list. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the turn off for the water, sewer, and trash delinquency bill to be discontinued on June 19th, 2002, or June 26, 2002, unless payment is paid for the sum of $24,223.13. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council, that takes the agenda to an end. Just one thing I would like to ask. Is everyone going to the picnic out at the wastewater plant Friday? Bird: I cannot, Mayor. Nary: Yeah. I'm planning to be there. Corrie: Okay. Do you want to take a side dish or a salad? Nary: I'll bring something. De Weerd: I'm homeless, I don't have a kitchen. I'll bring a bag of chips. Corrie: So you're going to bring something. Okay. Cherie? McCandless: Yeah. I will bring something. I don't know what. Corrie: I bring bean salad for everybody. Okay. Let's see. I may have one -- just ask you another question, just in case. Do you -- oh, yeah. Do you want the Rebuild America on the Consent Agenda next meeting? Nary: Sure. Corrie: Okay. Okay with that? De Weerd: Mr. Mayor? Corrie: Mrs. -- Meridian City Council Meeting June 18, 2002 Page 60 of 61 De Weerd: De Weerd. Corrie: I was drawing a blank. Mrs. de Weerd. De Weerd: It's the same as -- I just had a question on the plan when we will be setting that on our agenda and -- Corrie: I believe we have got it all finished, I can have it -- want it Monday? You can have it the first meeting -- De Weerd: Through July and have the lease go out and -- Corrie: July the 2nd? Bird: Yeah. Please. Corrie: Or do you want to go to -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would appreciate it if -- can you send out announcements to the departments? Do they have bulletin boards or to each employee, just announcing that we have the strategic plan and that we appreciate their participation in it and -- because there are a lot of staff, from what I know, that participated in that plan and that's -- we appreciated their participation and that we will be adopting that when we move forward. Thank you. Corrie: Get that? Okay. All right. McCandless: Where are we supposed to meet for the parade Friday night? De Weerd: Are we doing a ribbon cutting? Corrie: Yes. De Weerd: For Main Street? Corrie: Yes. Right before the parade. Bird: 6:30? Might have to -- I still can't find a team of horses and a wagon. De Weerd: Did someone contact the committee, since they were going to -- Bird: Did you talk to -- Meridian City Council Meeting June 18, 2002 Page 61 of 61 Corrie: Oh, I don't -- Bird: Okay. I talked to Hans and he said they didn't -- but if we can't find one -- De Weerd: Well, we will work on some kind of ride for the parade. Corrie: Okay. Well, we have notified the press and -- Bird: We are going to do that at 6:30, aren't we? Corrie: 6:00 o'clock. The parade starts at 6:00. Bird: The parade starts at 7:00. McCandless: What time do you want us there? Corrie: 6:00 o'clock. Bird: Ribbon cutting at 6:30. Corrie: Okay. The ribbon cutting will be at 6:30. I'll confirm that with the Chamber. And the parade starts at 7:00. Okay. At North Main and Franklin. That's where the parade starts. And we will have the -- ACHD will bring us the sign there to -- and then we have about 16 signs and that Council can later. Bird: Mr. Mayor, I'd move that we adjourn. De Weerd: Second. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Thank you. MEETING ADJOURNED AT 10:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR / / DATE APPROVED ATTESTED: WILLIAM G. BERG, JR., CITY CLERK