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HomeMy WebLinkAbout2002 12-10 Meridian City Council Meeting December 10, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, December 10, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Keith Bird, William Nary, and Cherie McCandless. Members Absent: Tammy de Weerd. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Mike Worley, Dean Willis, and Will Berg Item 1. Roll-call Attendance: Roll call. O Tammy de Weerd _ X__ Bill Nary __X Cherie McCandless __X Keith Bird __X__ Mayor Robert Corrie Corrie: Okay. I'm going to open the Meridian City Council Regular Meeting for Tuesday, December 10, 2002, at 7:00 P.M., and I would like to have the City Clerk have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Thank you. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With your permission, I would like to add to the agenda under the Consent Agenda, Item J, which is a recommendation from the Parks and Recreation Commission for partnerships at the different park locations. The Meridian Youth Baseball and Settler's PAL Soccer, Lochsa Falls, Meridian Lions Rodeo Club, and the ice skating rink at the Borup property, if that would be acceptable to you and the total Council. Corrie: Okay. Do I hear any objection from Council? Nary: No. Corrie: Okay. That would be fine, Mr. Bird. We will add that to the Consent Agenda. Bird: Mr. Mayor? Meridian City Council December 10, 2002 Page 2 of 37 Corrie: Mr. Bird. Bird: With that, then, I would move that we approve the agenda as noted. McCandless: Second. Corrie: All right. Motion has been made and seconded to approve the agenda as corrected. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. November 12, 2002 Approve minutes of Pre-Council Meeting: B. November 26, 2002 Approve minutes of City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 02-003 Request for Preliminary / Final Plat approval of 1 building Goldstone Center Condo’s lot on 3.8491 acres in a C-C zone for by Sundance Company – southeast corner of South Eagle Road and East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 02-004 Request for Preliminary / Final Plat approval of 3 building Norco Subdivision lots on 5.5 acres in a C-G zone for by Pinnacle Engineers, Inc. – 2150 East Fairview: E. Off-site Sewer and Water Line Easement, Heritage Commons (Quenzer Commons) – Eugene and Ardyce Quenzer: F. Sewer and Water Line Easement, Krispy Kreme – Gemtone, Inc.: G. Water Line Easement – R.T. Nahas: H. Sewer Easement, Baldwin Park Subdivision No. 1 – Capital Development: I. Agreement for Services for Fire Alarm Maintenance – Audio Electronics, Inc.: J. Recommendation from the City Parks and Recreation Department for partnerships. Meridian City Council December 10, 2002 Page 3 of 37 Corrie: Item 3 is the Consent Agenda. We do have the addition of Item J. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda, with the addition of Item J, and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda, with the inclusion of Item J on the Parks recommendation. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. All ayes. Motion approved on the Consent Agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Public Works Department: 1. 2003 Touchmark Crossing Water Main Extension – Professional Services Contract, Keller Associates: Corrie: Item Number 4 is Department Reports. Item A, Public Works Department. One is the 2003 Touchmark Crossing Water Main Extension - Professional Services Contract, Keller Associates. Mr. Watson. Watson: Thank you, Mr. Mayor and Council Members. I had intended for this to go on the Consent Agenda, so I won't bore you with the details. What this involves is a Design Contract with Keller Associates to bring water under the Interstate for the Touchmark project to the south side of the Interstate, which used to be -- I think it's called the Elk's property or something like that. It's the southeast corner of the I-84 and Eagle Road Interchange and bring water all the way over to Overland Road. Silverstone Subdivision is right there in that general area. Our modeling has shown that this is probably -- probably will be a needed connection as Touchmark and Silverstone develop out and Keller has done a lot of work for us in the past, as you well know. The estimated construction cost, just ballpark right now, is about 300,000. They are proposing a Professional Services Agreement of 24,800 and we would recommend approval of the contract for that amount. I would be happy to answer any questions. Meridian City Council December 10, 2002 Page 4 of 37 Corrie: Thank you, Brad questions from Council? Okay. I will entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we enter into a Contract for Professional Services with Keller Associates for the Touchmark Crossing Water Main Extension and for the Mayor to sign and the Clerk to attest, for a total of 24,800 dollars. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Dissolved Air Flotation Thickener Project – Construction Services Contract, Carollo Engineers: Corrie: Number 2 Brad. Watson: Thank you. Item Number 2, again, I was intending for this to be on the Consent Agenda. It is a Professional Services Contract for construction services of the DAFT Project for the Wastewater Treatment Plant. Carollo Engineers has completed the design and it will bid tomorrow. The estimated construction cost is -- according to Carollo is about 950 to 975,000 dollars. The original design contract was right at 100,000, so this would bring their total contract amount to roughly 175,000 dollars. The construction services contract is on a time and materials basis. That sums it up. Are there any questions? Corrie: Questions? Bird: I have none. Corrie: Okay. I will entertain a motion, then, for the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the services with Carollo Engineers for construction services for 74,800 dollars and for the Mayor to sign and the Clerk to attest. Nary: Second. Meridian City Council December 10, 2002 Page 5 of 37 Corrie: Okay. 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: THREE AYES, ONE ABSENT Item 5. (Items Moved from Consent Agenda) Corrie: Item Number 5 is items moved from the Consent Agenda. There are none this evening. Item 6. FP 02-026 Request for Final Plat approval of 2 building lots and 1 other Education Campus Subdivision lot on 39.23 acres in an R-4 zone for by Joint School District No. 2 – east of North Locust Grove Road and north of East Ustick Road: Corrie: So we move to Item Number 6. This is a request for Final Plat approval of two building lots and one other lot on 39.23 acres in an R-4 zone for Education Campus Subdivision by Joint School District No. 2, east of North Locust Grove Road and north of Ustick Road. Brad. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The Preliminary Plat for the Education Campus Subdivision just was approved by this body last month, I believe, so I won't go into too much of the details. We, as staff, have submitted a report to you, dated December 5, 2002, with some recommended conditions. The property is already existing city limits, so we are not in any need to wait for a Development Agreement or Annexation Ordinance to be passed. It is zoned R-4. Here on the screen is the subdivision. It's simply three lots. They are proposing to construct a new collector roadway as a part of this Final Plat. The elementary school would be here at this eastern end. Then, the balance is simply a landscape lot on the North Locust Grove Road and Block 1, Lot 2, is a 25 acre parcel that will have multiple school facilities on it, so -- the Fire Department education facility is also part of this plat, so staff's recommending approval of the final plat and that's all I have. Corrie: Thank you, Brad. Any questions of Council? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, wasn't there a cutout in the road for the education facility? Where did it go? Bird: Do you see that little dark area? You can barely see it. Nary: No, I guess I can't see it. Meridian City Council December 10, 2002 Page 6 of 37 Bird: I think that's what -- Nary: I thought it was on that straightaway where that cutout was and we talked about that -- Hawkins-Clark: Yes the plat was not affected by that. Nary: Oh. Hawkins-Clark: It's simply sort of a private cutout, if you will. Nary: Okay. Hawkins-Clark: Right. Nary: Okay. Thank you. Corrie: Is the representative of the school system here this evening? Have you step up and identify yourself and then answer questions. Fluke: Mr. Mayor, Members of the Council, thank you very much. Daren Fluke, JUB Engineers. Corrie: Okay. Do you have anything you want to add to this or any objections to anything? Fluke: It's pretty straightforward. We are in agreement with the staff report. We surely appreciate the city's effort in moving this along. Staff has been great to work with and we hope to have that school open this fall. Corrie: Okay very well any questions from Council? Okay. Thank you very much. Fluke: Thank you. Corrie: Okay. With that, I will entertain a motion, then, on the request for Final Plat of the Education Campus Subdivision, Item FP 02-026. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of FP 02-026, request for Final Plat approval of two building lots and one other lot on 39.23 acres in an R-4 zone for the Education Campus Subdivision by Joint School District No. 2 for Findings? Meridian City Council December 10, 2002 Page 7 of 37 Nichols: Mr. Mayor, Members of the Council, it's actually an Order of Conditional Approval for Final Plat. Nary: That's what we -- I'm sorry and for Council to prepare order for the Final Plat Conditions of Approval and I think that's it. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request of the Final Plat any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. FP 02-027 Request for Final Plat approval of 60 building lots and 10 other Messina Hills Subdivision No. 1 lots on 34.44 acres in an R-4 zone for by Gem Park II – west of South Eagle Road and south of East Victory Road: Corrie: Item Number 7 is a request for Final Plat approval of 60 buildings lots and 10 other lots on 34.44 acres in an R-4 zone for Messina Hills Subdivision No. 1 by Gem Park II, west of South Eagle Road and south of East Victory Road. At this time I will invite -- Hawkins-Clark: Thank you, Mayor, Members of the Council. The subject property is the first phase of Messina Hills Subdivision. It is on 34.44 acres. The density of the subdivision is a proposed 2.03 dwelling units per acre. The City Council did approve the Preliminary Plat on this in August of this year. It originally came through as part of the Tuscany Lakes Subdivision. Here is a copy of the proposed Final Plat and it is in substantial conformance with the Preliminary Plat. Staff has recommended conditions in a December 5, 2002, memo. I believe most of them are standard conditions. Generally, this phase does include a proposed elementary school lot here at the south end of the phase. As you may recall, the previous -- last month the Final Plat was approved here on the south side of this new collector roadway coming in off of South Eagle Road, so the subdivision will continue that. There is an ingress-egress easement that is a common lot that is platted here on top of the collector roadway. The Ridenbaugh Canal abuts the western boundary of this phase. This lot here, Lot Number 2 up in the northeast corner, is a city well lot that is being dedicated to the city for a new well to service this south side of Victory Road. They have a couple of other common lots. There is a fairly large common lot that is a combined storm water retention lot here near the school that will have a facility in it. I believe they had a proposed basketball court as a part of their amenities for the subdivision. Staff is recommending approval and with that I will stand for any questions. Meridian City Council December 10, 2002 Page 8 of 37 Corrie: Any questions of Council? Bird: I have none. Hawkins-Clark: I'm sorry. I did have one change to the staff memo that was submitted rd by Joe Silva, dated December 3. I did talk with Joe before this and he had -- on Item Number 8 on his staff memo, he had recommended that a stub street be extended called Montague Avenue, which doesn't exist in this plat, so he simply said that was an oversight on his part, just a copy from a previous report. That last sentence on Item Number 8 of Joe Silva's memo does need to be deleted as a condition of this plat. Thank you. Corrie: Okay. Thank you. Is the representative here this evening name and address, Kent? Brown: For the record, my name is Kent Brown. I work with Briggs Engineering and our address is 1800 West Overland, Boise, Idaho. Corrie: Do you have any additions or comments or -- Brown: Just would like to add to what Daren had said earlier. We really appreciate staff and what has gone on on this plat. They have been very helpful in helping us move this forward, we are hoping to go into construction really soon and they are making great efforts to try to help us to do that. We'd like to get this sewer and water in the ground this winter and we have about three miles of sewer, I think, that we have to do to get all the way over to this point and so forth and are very grateful -- my client wanted me to echo that. That we are appreciative and his comment was is that Meridian is the nicest jurisdiction to work in right now. He wanted you to know that and the efforts that you have made to make that happen so we have no comments about the conditions. Corrie: We certainly appreciate that any questions of Council? Bird: I have none. Corrie: Thank you, Kent. Okay. With that, I will entertain a motion, then, if there is no more discussion on the Messina Hills Subdivision No. 1 and Final Plat 02-027. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve FP 02-027, request for Final Plat approval of 60 building lots and 10 other lots on 34.44 acres in an R-4 zone for Messina Hills Subdivision No. 1 by Gem Park II. West of South Eagle Road and south of East Victory Road and eliminate Comment Number 8 by the Fire Department in this phase and for Meridian City Council December 10, 2002 Page 9 of 37 the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, nay; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. With two yes’ and one no, the motion is approved. MOTION CARRIED: TWO AYES, ONE NAYE, ONE ABSENT Item 8. Public Hearing: TCU 02-001 Request for a Transfer of Conditional Use Joni R. West Permit for a daycare in an L-O zone for by Joni R. West – 1131 West Cherry Lane: Corrie: Number 8 is a Public Hearing. This is a request for a transfer of a Conditional Use Permit for a day care in an L-O zone for Joni R. West by Joni R. West, 1131 West Cherry Lane. At this time I will open the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The applicant, Joni West, has requested a transfer of the Conditional Use Permit that has run -- that has run with the land here at this property located at 1131 West Cherry Lane for several years. It's in the past been known as Kinder Kollege. It is located there on the corner of Northwest 11th and West Cherry Lane. The existing zoning is Limited Office. It does require a Conditional Use Permit to operate a childcare facility. The ordinance does require that commercial day cares come before the City Council in order to transfer the permit. The conditions that were previously approved with the Kinder Kollege project would remain with this proposed day care operated by the applicant. This is the second time that the day care Conditional Use Permit has been requested to be transferred to a new occupant here at this location, so at this point I think the only change -- I noticed that the th staff report from David McKinnon, dated December 4, doesn't have a file number in the subject. I'm assuming the clerk can kind of take care of that. Since there really are no proposed changes to the site in terms of parking or landscaping modifications, the staff has not recommended any specific conditions to be added to this transfer. I think that's all we had on that one. Corrie: Thank you, Brad any questions from the Council? Okay. Is the representative here tonight? I notice Joni is here so, Joni, if you would come up and give us your name and address, please, for the record. West: My name is Joni West and my home address or -- 2132 West Chateau Drive. Corrie: Okay. Anything you want to say? Just want the transfer? Meridian City Council December 10, 2002 Page 10 of 37 West: I'd just like -- yes. Corrie: Okay any questions of Council? Bird: I have none. Corrie: Okay. All right. Thank you. West: Thank you. Corrie: Michelle, would you like to -- is there anyone here from the audience that would like to testify for the project? Michelle, would you like to -- you can if you like. Okay. All right. Is there anyone else from the audience that would like to testify? Okay. Hearing none, I will entertain a motion, then, to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion has been made and seconded to close the Public Hearing on the request for transfer of Conditional Use Permit Number 02-001 any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion? Okay. Then I will entertain a motion on the request for transfer. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the TCU 02-001, the request for the transfer of a Conditional Use Permit for a day care in an L-O zone for Joni R. West by Joni R. West and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the request for transfer of Conditional Use Permit Number 02-001 any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: All ayes. Motion carried. Approved. Meridian City Council December 10, 2002 Page 11 of 37 MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: AZ 02-022 Request for annexation and zoning of Havasu Creek 119.83 acres from RUT to R-4 zones for proposed Subdivision by Farwest, LLC – south of East McMillan Road and west of North Locust Grove Road: Item 10. Public Hearing: PP 02-019 Request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for Havasu Creek Subdivision proposed by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Item 11. Public Hearing: CUP 02-028 Request for a Conditional Use Permit for a Planned Unit Development with 327 single-family dwellings, one Havasu Creek elementary school, and 27 common lots for proposed Subdivision by Farwest, LLC -- south of East McMillan Road and west of North Locust Grove Road: Corrie: Number 9, Number 10 and Number 11 is a Public Hearing. There are three requests. Request for annexation and zoning of 119.83 acres from RUT to an R-4 zone for proposed Havasu Creek Subdivision by Farwest, LLC, south of East McMillan Road and west of North Locust Grove Road. There is also a request for Preliminary Plat of the 328 building lots and 27 other lots on 119.83 acres. Then there is also a Public Hearing for a request for a Conditional Use Permit for the Planned Unit Development for 327 single-family dwellings, one elementary school, and 27 common lots for the proposed Havasu Creek Subdivision. With the permission of the Council, I would like to open all three of those Public Hearings at one time and, then, if anybody has any testimony, then, they can take them all at the same time, if Council does not have objection to that. Okay so I will open the Public Hearing on all three, on 9, 10, and 11, and invite Council -- staff to comment first. Hawkins-Clark: Thank you, Mayor, Members of the Council. The first Item Number 9, the annexation and zoning request, is to annex into the city with an R-4 zone. The property boundary is outlined in bold there. It does involve a -- five different current property owners -- or parcel numbers. I'm sorry. The Planning and Zoning Commission did review the request for annexation and zoning and does recommend approval with the R-4 zone request for the full 119.83 acres. Recommendation has been submitted to you on that. Here is the aerial photo of the land as of last year. Existing agricultural uses, sod farm, et cetera. There are rural residential uses abutting the proposed project here called Crestwood Estates Subdivision that abuts here on the north. These are five acre -- existing five-acre parcels. The property does have frontage on McMillan Road, as well as North Locust Grove Road. Largely, the project is internal to the section. The Heritage Commons Subdivision abuts Havasu Creek here on the south side and that's under construction now. They do have two proposed stub streets that they are connecting to down here in terms of Heritage Commons. Other existing rural agricultural parcels here that are not part of the subdivision. On Item Number 10, the Meridian City Council December 10, 2002 Page 12 of 37 Preliminary Plat request, here on the screen is a copy of the plat as they have proposed it and it has been modified per the Planning and Zoning Commission request. There were several modifications that they had requested and staff did receive a revised plat. I will let the applicant's representative Becky Bowcutt kind of touch on most of the highlights. They are proposing a new collector roadway that would enter here off of McMillan Road and they have several open areas within the subdivision, a large 1.4- acre area here. They do have a proposed elementary school site, just a little over 12 acres, that takes access off of the new collector road on the east side of that collector. On the Locust Grove frontage there is also a portion of the collector that comes in here. They have larger lots at the southern end of their subdivision that -- with a little more higher density up toward the north. They are proposing detached sidewalks within the entire subdivision. The open area lots -- it is approximately five percent of the entire subdivision that's usable open space on this. That does not include the school site or any of the other required buffer areas. The single-family lots do range from about 6,820 square feet to 17,700 square feet in size. They have an overall density of about 3.8 net gross density about 3.0 dwelling units per acre. They have proposed, as you have seen on Tuscany Lakes and a couple of other subdivisions, a different phasing program, where they are proposing to begin the subdivision both on McMillan Road with a 1-A Phase, as well as Locust Grove Road with a 1-B Phase. They would, essentially, have construction begin on two different elements of the subdivision there. The Planned Development request, Item Number 11, does involve amenities and they are proposing two playground equipment facilities, a pathway system, a water feature, and a gazebo picnic facility. All those would be located on their various open space common lots within the subdivision. Staff understands that the Meridian School District is looking probably around 2005, depending, of course, on bonds, to construct that elementary school, should this be approved. The Conditional Use Permit does involve a condition placed by the Planning and Zoning Commission that the applicant works with the property owners on fencing. They had requested vinyl fencing at the Planning and Zoning Commission and they were -- the applicant was asked to kind of coordinate with them on that and I understand that they have done that, so we can hear from the applicant on how that worked out. Just a couple of items to point out on the recommendation -- on the Preliminary Plat recommendation. Given that there are detached sidewalks here, I think staff is recommending that the front setbacks for these lots be measured from the back edge of the sidewalk and not the property line. We propose a new condition on Page 4, Item Number 11 that just simply states that, that the front setbacks shall be measured from the back edge of the sidewalk, so that we get the appropriate 15-foot setback otherwise, it would be less than that if it were measured from the property line. We have received a written response from Becky Bowcutt dated today and she has outlined several items there. I haven't had a chance to review this in detail. I can do that. I think Brad has, have you -- we could both look at that while the applicant is presenting and come back if we have any concerns, if that's okay. Corrie: Thank you, Brad. Council, do you have any questions at this point? Bird: I have none. Meridian City Council December 10, 2002 Page 13 of 37 Corrie: Okay. Becky. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: I do. Corrie: Name and address for the record, please. Bowcutt: Becky Bowcutt, 1100 East Valli-Hi, Eagle, and I'm representing the applicant in this matter. This is a piece of property that's just due north of Heritage Commons. The two southern stub streets here will tie into the Heritage Commons project, which goes on out and intersects with Locust Grove Road. As you well know, the White Drain Trunk came from the west and then traversed through the Heritage -- or to the Heritage Commons project. This property -- the majority of this property will sewer down into that White Drain Trunk. As far as facilities are concerned, there is a break point back here on this western boundary of the elementary school where there are two water pressure zones based on your water-modeling map. We have been working with your Public Works staff concerning what -- how we will handle that and which mains would need to be extended to serve which portions of this project. We have also been working with your staff -- this portion here -- or a majority of this western -- or northwest portion that fronts up on McMillan Road cannot gravity back into this White Drain Trunk. It will however, when the property to the west, the Starkey property, is developed, it would gravity through the Starkey property out to Meridian Road. In the interim, in our discussions with the staff, one thing that was suggested was that we have just a temporary lift station that would -- everything would gravity back to this western boundary, then, it would be pumped back into these mains going down into the White Drain Trunk. At such time as this property were to be developed, that would be eliminated or abandoned and then it would gravity the normal way, so we are not -- we are still complying with the way these mains are going to flow, it's just a matter of timing and how the property develops next to us. When we started this project, we had a neighborhood meeting and we met with all the residents, because we are surrounded by five and 10 acre parcels. It's really hard for us to buffer from these properties, so the neighborhood meeting went quite well. We had probably the best bunch of neighbors that I have seen in years. Very understanding, very willing to work with us, very accepting of a new development in their vicinity. I would like to submit into the public record some letters that we did send out to the three residents that we most affect. One was Vanessa Klaus, the other was Lonnie Johnson, and the other resident was Mr. Graham. Their concern -- they had like 10 -- there is a five-acre lot and then a couple of 10-acre lots here. We have agreed that these lots along their western boundary from here up, which would be lots one through eight, Block 12, according to the Preliminary Plat, will be single-story homes. We will also construct either five or six foot vinyl fencing along this boundary, because they did not want wood fencing and so we did send these letters. I do want to admit this into the public record, with a picture, also, of the single-story lots, because those lot and block numbers do change from Preliminary to Final but we worked with our neighbors. I think we have ironed out all of our issues, irrigation issues, and drainage issues. The school district approached us when we started this and stated that they wanted to have an elementary school site, so we did Meridian City Council December 10, 2002 Page 14 of 37 incorporate the school site. They said they wanted to be up toward McMillan, but not directly on McMillan Road, and we had designed a collector road that will come down to this intersection. This design you see here for the elementary site with their parking lot came from their architects, it was not from our engineer. They, obviously, have evaluated it for signing and as far as their approaches lining up with our intersection our pleased. We have three pedestrian pathways that come into the school site. This pathway here was relocated during the Planning and Zoning Commission Meeting just a little bit north up to this area to facilitate bringing a sewer service through here and up to here for service for these -- some of these five acre parcels in the future. We had, I think, approximately 13 stub streets, because we have so many properties that adjoin us. As you can see, we tried to, in conjunction with Ada County Highway District and your staff, come up with the best location, so that we can have the best interconnection possible. On your Comprehensive Plan, this area here is designated low density residential, three or less dwelling units per acre, and everything from here over to the east is designated medium density residential, which is four to eight dwelling units per acre. We did follow that Comprehensive Plan in our design. Our smaller lots start over here in this Locust Grove area and as we head west and then we head south, the lots get larger and larger. These range at about that 6,500 square foot range. I believe their widths are 60 to 68. We have 110 foot -- 110 to 120 foot depth. As we head eastward, they go from about 7,800 to 10,500 and then they starting going up to nine and 12,000 square feet. I think our largest is 19,000 square feet. We tried to have a real pedestrian friendly environment here with the detached sidewalks, making it as easy as possible for these kids to get to the school. We have a pathway through here and we have got our three paths here. As you can see -- as you come from Locust Grove, we have got pathways coming through these common areas here and leading right into the school site. We added a pedestrian path right here through this block during the hearing process, so we also have pedestrian pathways coming through here, here, and then up into these pocket parks. We tried to use these centrally located pocket parks. We thought that they would be more usable, especially where we are going to have play equipment. This is our largest one. It's about, I think, approximately an acre and a half or a little bit less. This would be a real good candidate for like the play equipment. It's got good exposure with lots all the way around it, access from two different directions, and we talked about putting our other play equipment down here. These will be commercial type play equipment, ranging from 12,000 to 20,000 dollars in value. We also want to put like a gazebo park -- picnic area down in that location and create some nice amenities. This development does not have any mixed uses, but it does have mixed residential, and that's what it is designated on your Comprehensive Plan. Our density, as Brad indicated, falls right in line with what you guys want to see in this area. Our net density is about 3.92 dwelling units per acre and that is when we exclude right of way and the school. Moving on to the staff comments. Oh, first, before I forget, under -- on Page 2 of the annexation and zoning recommendation, it says -- Item B, it says that Planning and Zoning and engineering staff recommendation and it goes site specific -- that's Ada County Highway District recommendation, just for the record. I wanted to get that modified. We did review the comments from the City Attorney and the only thing that we would ask, under Preliminary Plat site-specific comment, there was a condition asked for 1-A, 2-A, and 3-A, with the word shall be Meridian City Council December 10, 2002 Page 15 of 37 served by the temporary lift station. We have been doing a lot -- a lot of analysis and design on the project and we may be able to gravity the phase 3-A area, so we wanted to, obviously, leave that door open, if Mr. Watson was in agreement, and it would not cause any problems with capacity of the lines or so forth. We'd like to be able to have that flexibility to work with your staff on that. The other one, they had a reference to a construction easement. We just wanted some clarification on that. All other comments we were in agreement with. Under general Comment Number 9, we just need that 25- year changed to 100 year -- that's one that has been popping up in the staff report -- so it's consistent with ACHD. Under recommendations of Ada County Highway District, the only thing I ask is that the Council add some language that we comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD, because they are coming back on us. You modified these right away that they are wanting, so we are trying to work with them on that. Then under the Fire Department, Item C-8, we will have a temporary gravel access road when we bring our sewer in from the south. We'd like that to double as, obviously, a temporary emergency vehicle access and if they are constructed 20 feet wide and can handle 75,000 GVW, then, they do meet the Fire Code. Of all the other recommendations, we go down to -- we were okay, except the Conditional Use Permit, Item A. This popped up at the Planning and Zoning Commission where one of the neighbors stated we don't want to see this just be fallow and dirt flying everywhere. You only develop say 10 acres of it and the remaining 90 some acres are just going to weeds and dirt. They asked the Commission if there was a possibility that they could encourage that there be some type of cover crop on those areas that are not currently being developed. The applicant is not opposed to this, but we do sometimes have problems or conflict where we have live or drainage ditches that are cut off by our phase configuration and there may be one area that we can't, obviously, get water to. We will attempt to retain groundwater -- or ground cover as much as possible. Obviously, dust management for the neighbors' sake, but I think to mandate that we have to have some alfalfa planted in there or whatever, that's a tough one and I have never had that condition placed upon me before. Do you have any questions? Corrie: Okay evidently none at this point. Nichols: Mr. Mayor? Corrie: We do have one. Mr. Nichols. Nichols: Mrs. Bowcutt, what's the date of the plat, so that I got the right one? Hawkins-Clark: November 27, 2002. Bowcutt: That's correct. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council December 10, 2002 Page 16 of 37 Nary: Mrs. Bowcutt, so on that condition -- because I thought that was a little curious about that cover crop -- I heard you say that the developer wasn't opposed to that, just -- do you want the language maybe not to be too restrictive? Is that what your concern is? Bowcutt: Correct because I think -- I think the language -- it mandated it -- or the condition did and if we had one particular area that we could not physically irrigate, then, we would be in trouble, we, obviously, would not be in compliance with our conditions of approval. We want it encouraged and -- but not, I guess, mandated, is the only word I can come up with, because -- the applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started. It is -- I mean there is no room for any latitude whatsoever. We are not opposed to the condition we would just like some modification to give us some flexibility. If we can't -- if we are cut off and we can't water a portion of it, I don't know what -- how we can maintain a cover crop but that does not mean that we are still not responsible for dust management, weed management, et cetera. We will do our very best and we had told the neighbors that, too, to keep a crop on it as long as possible, until we absolutely need do begin construction. Nary: So would it be, I guess, your preference that it say something more like as much as possible or something more like that? Is that what you're talking about? Bowcutt: Yes. Yes. Nary: And I guess my only concern -- and that makes sense to me as well, but did those neighbors leave that Planning and Zoning hearing thinking that it's going to be mandatory and if we change that, that -- that's not what they had expected at the time. I mean -- Bowcutt: I can't -- you would have to look at the minutes to see exactly what the verbiage was in the motion. Nary: I assume that. Bowcutt: I'm not sure if it was this strong or not. Nary: Well, in looking at the minutes -- and I'm just doing that quickly, it seems like there was a lot of discussion on the fence. Bowcutt: Yes and we have resolved that. We have agreed to the vinyl fencing that they wanted. Nary: Okay. All right. I will just take a look at that and we can talk about it again if we need to. Bowcutt: Thank you. Meridian City Council December 10, 2002 Page 17 of 37 Corrie: Becky, you don't have any problem with Mr. Hawkins-Clark -- the 15-foot setback requirement? Bowcutt: From -- oh, the 20-foot setback from the back of the sidewalk. No, sir. No, sir. We are in agreement. Corrie: We were talking about a 15-foot setback from the sidewalk -- back of the sidewalk. Any other questions? Okay. Thank you, Becky. Is there anyone else from the public that would like to issue testimony at this time? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Graham: Yes, it is. Corrie: Name and address for the record, please. Graham: Laird Graham, 4191 North Locust Grove Road, Meridian. I was a part of that Planning and Zoning discussion regarding the cover crop and I'm not here to dispute what Ms. Bowcutt just said. We are concerned that there be some dust abatement done, because we lie directly to the east of what is most likely to be a final phase of the project, as I understand it. I didn't quite follow what she was talking about when she said cut off from irrigation water. The portion of ground that I'm most concerned about has been watered by well the whole 12 years that I have been familiar with it. I assume those wells are still operational and that they have the right to use the water from those wells, so long as they need to. I would just make that point, that the scheme is blocking -- well, the part of the -- the problem -- my property lays about where the words Havasu Creek are and so it's the ground immediately to the west of that that I'm concerned about. Then Mrs. Bowcutt did mention something, which I'm not familiar with, and I'm kind of looking for clarification. Evidently, they are giving a sewer stub to some five-acre parcels that are part of our subdivision to the north of us. I have just raised the question where this project and its existence leaves the parcels to the east of this project relative to sewer. Perhaps I should know that. I'm standing up here, but I'm asking if there is something that needs to be addressed there before it's approved. Corrie: Okay. All right. I will ask her. Anybody else like to issue testimony? Hearing none, Becky? Bowcutt: Becky Bowcutt. Mr. Mayor, Members of the Council, to answer Mr. Grahams' question, one of the questions was the fact that a portion of this property has been watered by an existing well. Yes, there is an existing irrigation well on the property. The property owner that this parcel is being purchased from, which is Mr. Ham? Mr. Ham is retaining that well and water right. He would not sell that and so we will be relying, obviously, on the gravity irrigation sourcing out of the Settler's main canal up along McMillan for our irrigation purposes so that if it's -- it's not as easy just to use that well, since we don't have the right to do it. Concerning sewer, wherever we have stub streets, if physically possible and if designated on your Facility Plan, your staff has put a sewer service or connection going to those undeveloped properties. I believe the Meridian City Council December 10, 2002 Page 18 of 37 parcels that are on our eastern boundary that go out to Locust Grove I believe they are supposed to be gravity to Locust Grove. Now, Brad may correct me on that, but that was my understanding. You may ask Mr. Watson that question. Watson: Mr. Mayor and Council Members, I was studying the Facility Plan Map. The parcels to the east -- the Facility Plan in this area in somewhat general, but ultimately they are designated to go south down to the White Trunk as being constructed in Quenzer Commons or Heritage Commons. There is one -- one of those lots does look like it's supposed to go to the west, but there is a stub street there. They will be carrying sewer to that end of that stub street. Hopefully, that clears things up. Corrie: Any questions of Council on the Public Hearing record? Bird: I have none, Mayor. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess, Becky, I'm looking at the minutes and the discussion about the cover crop issue that Mr. Graham has brought back again tonight as well. It doesn't seem like there is -- at least on the portion I'm looking at -- a big discussion about the water at the time. Is it just -- is it just you want some language just to cover the fact that as long as there is irrigation available or something like that? Is that what you are talking about? Bowcutt: Yes. Yes. That would be -- that would be acceptable. We just don't want a condition that, obviously, we can't comply with in the event that we can't get access to a particular ditch due to the phase lines. Corrie: Is Kenny still here? Kenny, the recommendation of the Meridian Fire Department Number 8, requests two points of ingress and egress over 30 homes and the applicant does not oppose this, but would like a temporary sewer access road to be utilized for this. Do you have any problem with that? Bowers: Mayor Corrie and City Council Members, no, we do not have any problem with using that sewer easement. Corrie: Okay. Thank you any other questions? Okay. With that being the case, I will, therefore, entertain a motion to close the Public Hearing on the request for annexation, the request for Preliminary Plat, and the request for a Conditional Use Permit of Havasu Creek Subdivision. McCandless: So moved. Bird: Second. Meridian City Council December 10, 2002 Page 19 of 37 Corrie: Okay. Motion has been made and seconded to close the Public Hearing on 9, 10, and 11 any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I don't really have any concerns with this project. I think it's a very nice development for our community. It sounds like most of the conditions are some real minor language and I guess the only one that would be semi-contentious is this idea of the cover crop. I did think it was a little odd at first as well. I understand the neighbors' concerns. It sounds to me like it's something that -- a condition that's existing and, obviously, needs to reflect that it has to be possible. I recognize I saw in the minutes that there was some discussion at the Planning and Zoning that, obviously, there is not a cover crop year around on that property. You're trying to -- basically trying to limit some dust, have some dust control and such so I think the condition, with some minor tweaking, just to make sure that they can comply with it, so that we don't end up back here arguing over some minor little thing in compliance. I don't see any reason we can't go forward on this project. Corrie: Okay. Any other comments? Okay. If there is not other comments? Hawkins-Clark: Excuse me, Mr. Mayor. Corrie: Brad. Hawkins-Clark: Thank you. Just want to point out, we have reviewed Mrs. Bowcutt's letter that was submitted just today. Most everything looks fine to staff. There was a comment made about single-story homes that I don't believe is in either her comments or -- should the City Council choose to adopt the changes that Mrs. Bowcutt is proposing, that Lots 1 through 8, Block 12, being single-story, wasn't in either one. We'd like that to be added, so that we can enforce that appropriately. Corrie: What block was that again, Brad? There was Lots 1 through 8. What's the block number? Hawkins-Clark: I believe it's 12. Corrie: Okay. Thank you. Nichols: Mr. Mayor? Meridian City Council December 10, 2002 Page 20 of 37 Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, in the past we have drawn up these conditions with regard to single stories. We have also -- essentially, it's been a 25-foot maximum height limitation from grade. Corrie: Thank you, Mr. Nichols. Any other comments? Okay. Hearing none, I will entertain a motion on, first, the request for annexation and zoning of the Havasu Creek Subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we approve AZ 02-022, the request for annexation and zoning of 119.83 acres from RUT to an R-4 zone for the proposed Havasu Creek Subdivision by Farwest, LLC. To include all staff comments, as well as the comments by the developer's representative submitted that evening, dated December 10, 2002 -- and, Brad, you're going to have to help me, but I don't recall on the annexation that there was any proposed changes. Hawkins-Clark: That's correct. Nary: Okay. Thank you and for Counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: I will second that. Corrie: Okay. Motion has been made and seconded for approval with all staff comments and the comments by the developer's representative. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item Number 10 is a request for preliminary. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of CUP 02-019, request for Preliminary Plat approval of 328 building lots and 27 other lots on 119.83 acres in a proposed R-4 zone for Meridian City Council December 10, 2002 Page 21 of 37 proposed Havasu Creek Subdivision by Farwest, LLC. To include all staff comments, as well as comments by the developer's representative dated today's date, December 10, 2002, with the amendment that appears to be to Site-Specific Comment Number 1 in regards to Phase 1-A, 2-A and 3-A regarding a temporary lift station to -- well, as is stated here by the developer's representative in the comments. I was seeing if there was any other -- that would be in general Comments Number 9, that the 25-year reference to the flood plain be changed to the 100-year flood designation and that the Highway District recommendation basically including any alterations that may come along. As well as with the notations that were made in here by developer's representative under items from Highway District's one and two, as well as the Fire Department Number 8. I think that's all of the notes I had on the Preliminary Plat. Bird: I believe that this Preliminary Plat should have the 25-foot tall -- Nary: Oh. Correct. Bird: -- buildings on Block 12, Lots 1 through 8. Not to exceed 25 feet. Nary: Yes. That we add a specific condition also that Lots 1 through 8 on Block 12 be single story homes with a height limitation of 25-foot limit from grade and that would be added to the site specific comments and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision and Order. I think Mr. Willis adds that anyway. Bird: I will second that motion, then. Corrie: Thank you, Mr. Willis. Motion has been made to include all staff comments and the developer's comments with the amendments as stated. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Item Number 11 is the request for a Conditional Use Permit. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of CUP 02-028, request for Conditional Use Permit for a Planned Unit Development for 327 single-family dwellings, one elementary school, and 27 common lots for proposed Havasu Creek Subdivision by Farwest, LLC. To include all staff comments, as well as developer comments dated December 10, 2002, with the following amendments. In regards to Item A-1, that we also include -- the current Meridian City Council December 10, 2002 Page 22 of 37 language says the applicant shall be required to maintain a cover crop on any land not being developed. We also include language that as irrigation water is available or until the infrastructure for that phase is started. Number 2, that we deleted the portion of the condition that talks about wood fencing, since they have reached an agreement there will be vinyl fencing. Let me see if there is any other -- I don't have any other notes of any other amendments besides those two so for staff to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: I will second that one, too. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none -- I will not repeat the motion. Okay. Mr. Berg, roll call vote, please. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. All approved. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: AZ 02-023 Request for annexation and zoning of 6.06 Moshers Farm Subdivision acres from RUT to R-8 zones for proposed by CMD, Inc. – 895 North Ten Mile Road: Item 13. Public Hearing: PP 02-021 Request for Preliminary Plat approval of 25 building lots, one existing residence and 8 other lots on 6.06 acres in a Moshers Farm Subdivision proposed R-8 zone for proposed by CMD, Inc. – 895 North Ten Mile Road: Item 14. Public Hearing: CUP 02-031 Request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and 1 Moshers Farm single-family existing home in an R-8 zone for proposed Subdivision by CMD, Inc. – 895 North Ten Mile Road: Corrie: Item Numbers 12, 13, and 14, if Council doesn't object, we will open the Public Hearing in all three of these, since it is Moshers Farm Subdivision. Item Number 12 is a request for annexation and zoning. Item Number 13 is a request for Preliminary Plat and 14 is a request for a Conditional Use Permit. We will follow the same procedure, hearing no discussion on that, and I will open the Public Hearing on Items 12, 13, and 14 and invite staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The subject applications, Moshers Farm Subdivision, on Item Number 12, the annexation and zoning request, is to an R-8 zone. The property is located on North Ten Mile Road. It is on the east boundary of Chaparrel Elementary's property. It is south of what is currently being constructed as the Berkeley Square Subdivision, which also has an R-8 zone. It is -- there is undeveloped land adjacent to the east. That was, a couple years ago, as Meridian City Council December 10, 2002 Page 23 of 37 most of you may recall, known as Vallerie Heights project, these two parcels here. The Ten Mile sub drain abuts the project here to the south side so the Planning and Zoning Commission did review the annexation request and they did recommend approval to the R-8. Here is an aerial photo of the existing conditions out there. There are -- there is an existing residence, as well as some out buildings. Ten Mile Road is there on the east side. Pine Avenue is public here on the east side of Ten Mile and still remains private, not a part of ACHD's public system, on the west side of the street. Item Number 13 deals with the Preliminary Plat. There are 26 proposed building lots and six other lots. They are proposing a Planned Development, so they do have amenities on a part of their subdivision. They are also, as part of the Planned Development, requesting some changes to -- to setbacks, in particular for the existing house that is there, which is here in the southeast corner of their project, due to the existing set-up, they are asking for a 12 foot rear setback, as opposed to the standard 15 for that existing house. They are proposing lot sizes ranging from 4,000 to about 7,800 square foot. That is detached and attached housing. They are also requesting a minimum house size to be changed from 1,300 square foot, which is the R-8 standard, to 1,150. Basically, as you can tell, they have no stub streets to utilize for this -- for this parcel, so they do have two cul-de-sacs. This plat, I'm sorry, doesn't reflect a modification. They are proposing a micropath that is here on this east -- I'm sorry, this west end of the cul-de-sac, known as West Ashley Avenue is what they are proposing the name, and that would connect to the Chaparrel Elementary School site. As with the previous application we just heard tonight, there is a temporary sanitary sewer lift station that is going to be constructed as part of this until the permanent mains come through, the Black Cat Trunk extension. Public Works has reviewed that and made some proposed conditions there. Here is the proposed Landscape Plan for the subdivision. They are proposing their common area to be here along the drain on the south side of the subdivision. Planning and Zoning Commission did have some discussion about the location of that. It is fairly -- fairly hidden behind these five lots, buildable lots on the north, given the topography. I believe they have about an eight-foot difference in elevation. There is quite a contour from the north end. It drops off pretty substantially to the south and so because of the topography they are proposing to utilize the south end here for their storm water area, instead of buildable lots. They still are certainly going to need to bring in some fill for some of these other areas adjacent to the drain. They do have a micropath that they are proposing here coming off of Ashley to get down to the open area, as well as a connection of the cul-de-sac here. The amenities that they are proposing are essentially those pathways and some playground equipment that would be located in that common lot. The Planning and Zoning Commission did include in their recommendation to you Item Number 9 on Page 2, that the applicant should address their request -- they are asking for a waiver to tile the Ten Mile sub drain. Staff recommended that they tile it. That's, of course, ordinance. Planning and Zoning Commission felt that they could leave it open with the exception of this area right adjacent to Ten Mile Road, which, of course, would have to be a culvert or some other construction techniques, so that, you know, you can get the sidewalk across there. Staff is just asking that the applicant address that with you tonight. We need a clarification on that issue about the tiling. The Fire Department did recommend that there be no parking on the cul-de-sacs and I believe the applicant is in agreement with Meridian City Council December 10, 2002 Page 24 of 37 that, so that would be -- that would be painted as such to restrict parking there on those cul-de-sacs. I think the only change to the recommendation is Item Number 2 on Page 3 needs to be deleted. That is dealing with the pathway. That's in conflict with what the Planning and Zoning Commission approved. It deals with the width of the micropath and, essentially, the Commission said they could build a 10-foot wide micropath lot, instead of a 15-foot wide, and that Item Number 2 says that they have to stay with the ordinance. That should be struck, if you agree with the Planning and Zoning Commission's recommendations for the narrower micropath lot. Oh. Then, I guess, there is one other additional change and that's on Page 5, Item C-1, and I would agree with what Becky had asked for on their previous application there for Havasu Creek that deals with the Highway District's dedication of right of way on Ten Mile Road. Given their changing -- they are in the midst of determining different road widths and if they should change it from a 48 to 43 or something, an alternative width. Then, we should maybe just add a clause there that -- or other widths as required by the Highway District, so that we are covered and they don't have to come back to modify that condition if the Ten Mile Road right of way changes. I think that covers my comments. Corrie: Okay. Thank you. Any questions from the Council or -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, on that micropath issue, I mean are you in agreement with changing that or are you just saying that they are proposing to change that? Hawkins-Clark: Councilman Nary, right, the issue comes down to whether or not we desire some trees to kind of give some canopy effect over the micropaths that we have. As long they are meandering paths, so that you create pockets where trees can be planted, if they -- if they went with the 10 foot and just a straight path, that would only leave you, you know, about two and a half feet or something to plant your trees in. Of course, a tree is not going to grow in that amount, so you sort of alternate -- you know, I think in a smaller parcel like this it would work. I think our ordinance is still a good one, that requires the wider width, but given that this is a Planned Development, you know, they kind of have some flexibility there. Nary: And on the issue of the ditch and tiling that, you're saying that they are asking to not tile it, but the recommendation was to just comply with the ordinance and tile it and it's play equipment right next to it, isn't it? Hawkins-Clark: Right. Nary: For little children. Okay. Hawkins-Clark: There is a six-foot chain link fence that they have shown that would be along that whole south boundary. Meridian City Council December 10, 2002 Page 25 of 37 Nary: Okay. Thank you. Corrie: Brad, you said they were asking for smaller square foot homes than the standard R-8 1,350, but 1,150? Hawkins-Clark: Yes, sir. Corrie: Did they give you any reason why they wanted smaller homes on there? Hawkins-Clark: They did not in the application, I don't believe. For the attached housing product types that are out there, you know, we have seen that request before. Many of those do reduce by, you know, a couple hundred feet. Corrie: Okay. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: One more question. In the Berkeley Square Sub that's immediately to the north, were those smaller attached homes? Hawkins-Clark: They were attached. They had three, typically, attached, if you recall there, versus two. Sorry, I don't remember the minimum square footage there, but it was definitely under 1,301 that we require under ordinance. Nary: Okay. Thank you. Corrie: Thank you. Any further questions? Okay. Is the developer here this evening? Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ralphs: It is. Corrie: Okay. Name and address for the record. Ralphs: My name is Rod Ralphs. My address is 2730 North Greenbelt Place in Meridian. I'm here on behalf of the applicant CMD, Inc. We are a developer here in Meridian, this is our project, which we are applying for the annexation, and other approvals as mentioned by staff. Before we get started, I'd like to hand to Council Members a layout of some of the proposed homes and layouts that we are going to have in this subdivision. May I approach? I'd like to address just a few of the points that staff has pointed out in their -- in their findings. I'd like to do that point by point. Staff is also setting up some equipment, so that the Council can see a modified Landscape Plan for this particular development. One of the first things pointed out by staff was we'd like to discuss that park area there to the south of the project. As the Meridian City Council December 10, 2002 Page 26 of 37 Council is aware, this 60-acre project is going to have perimeter fencing. To the north there where Berkeley Square is located, there is six-foot cedar fence. To the west where Chaparrel abuts to the property, there is six-foot chain link and the school will be putting in a gateway that would tie into our micropath that would be proceeding from the cul-de-sac that you see there on the west. It would proceed on one of these micropaths to Chaparrel, allowing the children in the subdivision access to the school grounds directly. Following the property line to the south there along the Ten Mile sub drain, there is a proposed six-foot chain link fence that goes along that drain, coming up here to Ten Mile, then making a corner there and then we would be placing a PVC or a vinyl- type fence there along the road. We noticed the Berkeley Square has a cedar fence in place right now and we would be open to any suggestion the Council might have, maybe we go instead of a white that would provide a contrast, maybe some type of a colored fencing on it. Then, of course, the north boundary has already been addressed. I tied that into the playground amenities for the following reason. We know that we are going to have small children in this area and we want to provide for their safety and so we have provided for fencing and then we also provided an active recreation work area there in the park area. One of the changes that you will see -- I don't know if we will get there or not, but on the revised plat, if you go into that cul-de-sac that we have here on the south, we have actually reconfigured this lot -- and I will approach the screen here. What the Council will note from the plat that you have in front of you is this particular lot right here coming down Brittany Court has been reconfigured. Previously, it came down to right here, which, as staff indicated, there was a very limited access to the park area. By reconfiguring this lot, we preserve the square footage, but we are also allowing greater visibility from the cul-de-sac into the park. It's not so much a contained or a confined area. As we mentioned at the Planning and Zoning Meeting, we are going to have four-foot see-through fencing along the perimeter of the park, allowing and creating a feeling of openness. Inside the park area here you will see a bike path. This will be either an asphalt or a concrete path that will be used for bicycle or pedestrian enjoyment. As you can see, it comes up through there and, as staff indicated, we are going to be having a meandering pathway that would allow for the trees. I believe the City Ordinance is we have got to have a tree every 35 feet and we would be doing that by allowing space by allowing it to meander. We would also be accomplishing the same thing over here on the micro path that accesses Chaparrel. The amenities that we want to provide in here, besides the pedestrian-bike-jogging path, is we want to put in an active recreation site here. We discussed with Planning and Zoning the possibility of going with playground equipment, but, then, upon further review, our young ones would have access to the playground equipment over here in Chaparrel. We want to do something that would be more complete for the family by putting in something like a half court basketball court that would be painted and striped to accommodate a half court basketball, but also a volleyball court. That would be an area that the whole family could enjoy and, then, we would also be putting in some park benches in this area as well. We feel that that would address the amenities that the city would have us put into this development. One of the other points of discussion with staff and also Planning and Zoning was the issue of tiling the Ten Mile sub drain. As the Council can see, we have a substantial south property line that runs the length of the entire project. Perhaps the biggest concern for us in doing this right now is still to the south where the church Meridian City Council December 10, 2002 Page 27 of 37 owns that ground, they still have that in agricultural development -- I shouldn't say development, they still have that in agricultural crop. That drainage is still needed and we have no idea when the church would be proposing to develop that area, thus negating the need to tile it. What we did mention with staff and at the Planning and Zoning is the need to provide for sidewalks along Ten Mile to provide for pedestrian safety and we are proposing that we would tile out to a distance that would be appropriate to accommodate a sidewalk. As you can see from the modified landscape drawing, we have our sidewalk instead of being right flush with Ten Mile we have them off the road a ways. Now, we have done that for two reasons. Number 1, we feel it's esthetically pleasing to the eye to have that meandering effect but, secondly, in our discussions with ACHD, their initial recommendation was that we go ahead and place the money into a road trust to apply toward sidewalks at a later time and we don't really know when that was. We didn't want to have our pedestrians have to wait until ACHD were to move forward on the plan so providing for the safety and to accommodate this, we have moved the sidewalk off and out of the right of way into the 25-foot landscape buffer. As the Council can see, the sidewalk comes all the way down to the property line, which centers there in the ditch. We would be tiling that and it would be graded in accordance with what Nampa-Meridian would require but there would actually be some tiling of the sidewalk to keep people off the road. As staff has pointed out, we are asking for a waiver or a Variance of the requirements to tile the entire ditch at this point. I also wanted to affirm that we are in complete agreement with Fire Department in requiring that no parking be allowed in the cul-de-sacs. We can address that in the CC&R's, as well as by appropriate painting in the cul-de-sacs. The cul-de-sac widths are appropriate for turn arounds for emergency service vehicles. One of the -- I have touched on the narrow micropath lots and we can address that if you have some questions on it, but we want to provide for the drain and we want to provide for the trees and that's why we have allowed for the meandering effect. Does the Council have any questions that I can field at this time? Corrie: Any questions? I have one. I don't want to harp on this too long, but on the 1,190 square feet, what is the percentage of homes you're going to have in there of that size? Ralphs: Got to have a moment. Corrie: You're going to have three sizes of homes is that right? Campbell: Correct. Corrie: Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Campbell: Yes. Corrie: Name and Address, please. Meridian City Council December 10, 2002 Page 28 of 37 Campbell: Doug Campbell, 1661 Shore Line Drive, Boise, Idaho. As far as the 11 -- I think in the submittal on the 1,150 square feet -- and, basically, we did this over at Wilkins Ranch and I would say probably 10 to 15 of the lots -- percent of the lots -- the market will dictate that. I would say probably out of 25 lots you will probably have three to five lots go that small. Corrie: Okay and you have three types of homes? Campbell: We have three types of homes, yes, that range from 1,150 on up. Corrie: Okay. That answers my question. Thank you. Any other questions? Bird: I have none. Corrie: Okay. Ralphs: There was one other thing I wanted to point out here on the Landscape Plan, we have the house penciled in there on that lot to the south and we did ask for a Variance from the 20 to the 12, given the current existing home there on the site. Corrie: Okay. Thank you. Would you like to testify? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Atkinson: Yes, it is. Bird: Okay name and address, please. Atkinson: Irma Atkinson, 1124 North Lightning Place, which is in Thunder Creek on the other side of Ten Mile. Okay so you guys were driving the go-carts in the parade and I'm embarrassed to say, but my therapist will be glad to hear that, because we are still dealing with the elk costumes from last year. I missed you. I totally missed you. It's like I read about it, you know, the rumor in The Times that you were going to do that and I missed it. All I can think of is I was trying to keep my five year old wrapped up in her blanket and she would throw it off, go out, get candy and then I would have to bundler her up and you must have gone by while I was doing that. I mean it embarrasses me that I missed that, but you don't have to reenact it. Okay, I'm back now. I look at three things when I look at development. I look at auto traffic, I look at the impact on the existing neighborhood, and I look at pedestrian safety and so does my Friend Laura Wilder, who would be here -- and I have her cell phone number, but you haven't taken a break, so I couldn't call her, because I might have missed something. She's tied up at a 4-H meeting so this is going to be strange, because we are partners in crime, so it's good that she's not here. She usually covers the county type issues and I cover the city things, so I have to wear both hats, which is going to be very odd. Okay. The auto traffic, Laura and I both agree -- Laura lives on that dirt road extension of Pine and we both agree that that's -- I mean, obviously, there is probably nothing that can be done, but it's going to be a pain, because the northbound traffic trying to turn left is going to tie Meridian City Council December 10, 2002 Page 29 of 37 up the rest of us that want to get by. It sounds like we will probably have to deal with it. The impact on the existing neighborhood, if Laura were here -- Laura asked me to remind the Council and the developers that, as they pointed out, they are very much adjacent to land that's in agricultural production, with Laura and her family raising sheep. I forget how many 50 -- I don't know. How much is a herd of sheep -- oh, a flock. Okay. I grew up next to a farm, but, obviously, I have forgotten those things. Laura asked me to remind you all that sheep are not quiet and they do have a certain aroma to them. There was some talk -- and maybe the applicant can clarify that for me. There was some talk at Planning and Zoning about adding that on the plat or in the CC&R's, just so that people know they are adjacent to agricultural land and so that there is no great surprise that it may depend on the wind. It may smell. You will hear the farm animals. I'm not sure what happened to that, but that was very much talked about at Planning and Zoning. Okay. That was the impact on the existing neighborhood. Pedestrian safety. Laura and I are both moms whose kids always want to go over to play at the school, so we were happy to see the micropaths there, as in Berkeley Square. Laura's big concern -- and, because we are friends, therefore, right now it's my big concern, too, is children walking on Ten Mile, you know. It would be nice if you all would decide maybe to waiver the tiling the whole drain thing and require them to tile, you know, over where their sidewalk is. Laura pointed out at Planning and Zoning that, you know, it's great to make the northern property owner responsible for the sidewalk up to the drain and the southern property owner, you know, the church, responsible, but who is going to actually have to tile over the drain? If you want to cut some deal with them, that would be great with Laura and me. I think that was it. Questions? Corrie: Any questions? Okay. Atkinson: Thank you. Corrie: Thank you. Rod, you have already talked, so -- anybody else like to issue testimony? Okay. I guess, Rod, you can come back up and she is asking about adding on the plat adjacent to agricultural land. Ralphs: Certainly. Members of the Council -- and as we indicated at the Planning and Zoning meeting, we were planning on placing that on the face of the plat itself and also address that in the CC&R's so there would be no complaints with that. Corrie: Any other questions? Okay. Ralphs: Thank you. Corrie: Okay any discussion on the Public Hearing? Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council December 10, 2002 Page 30 of 37 Bird: I got a question for Brad or -- Brad or Brad. On Ten Mile drain, has it -- have we ever required a drain to be tiled that you can think of? The drain is a drain it's for run- off. At the freeway we tiled it, but -- but when you have got -- as Mrs. Atkinson pointed out, you have got agricultural still trying to -- still having to drain down into that thing, you go tile it, where is that water going to go? Watson: Mr. Mayor, Council Members, Councilman Bird, I can't cite a specific instance, but I know that they have tiled -- not big drains before, but certain drains, because they are required to have loose joints, separated joints, with a gravel pack, so that it still receives subterranean drainage. I can't site a specific example right now. It's tiled through Chateau Park, but I think that was more of a want than anything. Bird: When they did that, Brad, also, they went to the sprinkler irrigation where you didn't have the flood irrigation, so you don't have the run-off, you get more of it down into the aquifer than you do sliding into a drain. Watson: Right and I guess I could point out something that happened with the subdivision directly north of this project, Berkeley Square. They did have quite a time designing a drainage system and, again, I can't remember the particulars, that was too many projects ago, but everything is coming south towards that drain so -- and that's something that maybe this project has not considered yet. There is a big -- well, I'm sure they did consider it, but there is some drainage coming from that property up there, because they had to tile through their property. Hopefully, they have considered it. If the City Council wants to have it tiled some day when it develops on the south side, what we have done before is have the first developer post a cash surety for half the cost of that tiling and so when the second developer comes in, he uses that cash to complete the tiling. That's just an option that's been used in the past. Bird: I can't think of any drain ditch, since I have been on the Council, that we have had tiled. I know we -- in the Corps -- that Corps has requested some of them not be tiled, I do know that, when we looked into it. You start losing your ground water. Aquifer. I don't know. Brad? Watson: Mr. Mayor and Council Members, one specifically that will be required to tile is the Evens Drain as part of the RC Willey Subdivision. That goes back quite a few years, but -- because I'm dealing with that issue right now but it will be tiled. Corrie: Any other questions? Hearing none, I will -- Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: I did have one more question just a clarification from Mr. Ralphs, if you please. With regard to the tiling adjacent to the North Ten Mile for the purposes of extending the sidewalk, you would just extend the sidewalk, then, I presume to the middle of the drain, Meridian City Council December 10, 2002 Page 31 of 37 put the tiling in and the cover and so forth and just extend the sidewalk, then, to the middle of the drain to the edge of your property? Ralphs: Right. Well, the tiling would encompass the entire drain, but the sidewalk would only come to our property line and it would be graded and it would transition into adjacent property for whatever Nampa-Meridian would require. Nichols: Thank you. Corrie: Any other questions? Hearing none, I'll entertain a motion to close the Public Hearing, then, on Item Numbers 12, 13, and 14. McCandless: So moved. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on Item Number 12, the request for annexation and zoning, Item Number 13, the request for Preliminary Plat, and Item 14, Public Hearing, request for Conditional Use Permit on Moshers Farm Subdivision. Further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Further discussion? The silence is defining, so I guess nobody has anything to say, so go ahead and make a recommendation. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I don't know how the other Council people feel. I have problems tiling drain ditches. I mean I realize they are not -- it's not safe, I mean you don't -- you want to make them as safe as possible, but they have been around for years. By tiling, all these ditches we start losing our water into our aquifer and that's a major concern of mine. Not only that, we also, you know, lose our run-off and we worry about flood plains and stuff like that. We tile all these -- I realize that you leave a little gap, some stuff for it to drain down through there, but if it's a major run-off, it's not going to drain down, it's going to -- you can get some of it to drain down. The others are going to run right on through somewhere else, so -- I don't know. I don't know how the other Council people feel about it. Tiling of the drain I -- I could take that out and not -- I mean on the proposal, but I'd like to hear what you and the other Council people think of tiling the drainage ditches. The main -- the carriers of the irrigation water, I have no problem doing them, because they are going out. The drain ditches are a year around source of water. Corrie: Okay. Meridian City Council December 10, 2002 Page 32 of 37 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would concur with Mr. Bird. I guess I would -- taking the time I have been here, it's not very common for us to require the tiling of drains, as much as tiling ditches, so I think there is a reason for that. I think we can discuss that some other time, but I don't see the necessity with the fencing and the like that's there and the type of, essentially, the run-off, that is the same need or necessity as there is in a ditch that's got water running through it. I don't have a big concern in this particular one. I do think that the developer has come prepared to compromise in tiling a portion of the ditch to provide for the sidewalk. I think that's a very good compromise. I think that also -- I think overall this is a very nice project. There is plenty of right of way. I would anticipate, for Mrs. Atkinson's concern, that they are going to need a turn lane at some point and probably not in the too far distant future with Berkeley Square and this development, but there is plenty of room to do it. I -- and in the relative scheme of things in the big picture, it's a little less expensive to do that than about anything else so at least that's something that's more realistic to do. The lady in the back could answer that better than I can but it appears that it's something that can -- that's likely to have to happen. They are already doing quite a bit already on Ten Mile in trying to curb some of the turns and stuff and they are putting in a few of those other island type of things that try to keep traffic flowing. I think that those issues will probably be taken care of. Otherwise, I think this is a very nice project. I think it's got good connectivity to the school. I like the public area I think it's a good alteration by the developer to put in a basketball court and some tables and such then, I think it does provide a variety of use for that location and it is accessible to the school and the playground equipment is right there. The school has been very amenable to working with allowing that type of use for their school property. I guess the only concern I have -- and it's not a huge concern, but I am real concerned with that frontage of the common area on that cul-de-sac and it's going to be very difficult to keep cars from parking in it. I think that's going to be a real tough challenge to make sure that gets taken care of and enforced, to deal with, but that's not enough to want to deny this project, because I think it's a very good project. I like the house styles that are there, and in some ways, actually, some of these 1,190 square foot homes that are proposed on this plan to provide, you know, some fairly large living space. Some of the two story homes are actually a little bit smaller per floor space, but overall larger. I think it's a nice project and I think it would compliment the project immediately to the north of Berkeley Square. I think there are some very good things with that. Corrie: Any other discussion? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I'll just say that I concur with all that's said, in particular with Councilman Bird's question on the drainage. I concur with that. Meridian City Council December 10, 2002 Page 33 of 37 Corrie: Okay. Hawkins-Clark: Excuse me, Mr. Mayor. Could I make a comment? There are two things that I just want to mention. One is the date. We can't forget the date of the plat th for Mr. Nichols. It is dated August 12, 2002, received November 14. There was a th revised one that was received November 14 and then just listening to the Council discuss the potential tiling of just that east portion of the drain, I'm just thinking about the -- a railing, certainly, is going to be appropriate there. So -- and I don't think that's a -- I'm not sure where in terms of the process that happens, but that's not included in any requirements right now. Bird: I think that would be mandatory. Corrie: Great. Okay any other discussion? Okay. Hearing none, then, I will entertain a motion, then, for the request for annexation and zoning, Number 02-023, at this time. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve AZ 02-023, the request for annexation and zoning of 6.06 acres from RUT to R-8 zones for proposed Moshers Farm Subdivision by CMD, Incorporated, with only tiling the drain at the east end to accept the sidewalk. Also to put railing -- safety railing across the tiling there where the sidewalk is completely across the deal where the sidewalk will be used, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order and to implement staff and applicant's comments. Nary: Second. Corrie: Okay. Motion has been made and seconded for the approval of the request for annexation within the motion. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Next would be the request for Preliminary Plat, PP 02-021. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council December 10, 2002 Page 34 of 37 Bird: I would move that we approve PP 02-021, the request for Preliminary Plat approval of 25 building lots, one existing residence, and eight other lots on 6.06 acres in a proposed R-8 zone for proposed Moshers Farm Subdivision by CMD, Incorporated, 895 North Ten Mile Road. To implement staff and applicant comments and to note the plat is received December 4, 2002, I believe. What was the date on the revised plat? Corrie: November 14, 2002. Bird: November 14, 2002? That's on the plat itself or was that just when we received it? Hawkins-Clark: That's just the receipt. The date itself is August 12, 2002. Bird: August 12, 2002 as the revised plat and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision and Order. Nary: Second. Nichols: Mr. Mayor? Corrie: Motion made and second. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think -- does that include the 12-foot setback on the existing house on the -- shown on the plat, Brad? Is that where that setback modification should be shown? Hawkins-Clark: Correct. Bird: Isn't it shown on the revised? I thought the applicant stated that it was shown on the -- on the revised -- the ones where he showed it. Is this the same as -- is the revised one the same as -- Hawkins-Clark: I do not see it on the face of the plat, so it should be added as a -- Bird: Okay. I will add the 12-foot setback on the existing house, if it's okay with -- Nary: I would concur. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I had a question on the micropath landscaping, which is Site-Specific Comment Number 2. Do you need to amend that to allow that meandering pathway or Meridian City Council December 10, 2002 Page 35 of 37 is that language in there adequate to include this meandering pathway to allow for the trees? Hawkins-Clark: My recommendation -- excuse me. My recommendation was to delete Item Number 2 on Page 3, which conflicts with the meandering -- which it sounds like Council wants to approve, so that would clean it up if we simply deleted that. Bird: And that's what I meant by staff comments. Nary: Okay so I would concur with that as well. Corrie: Okay any further discussion? Okay roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. Three ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Now, the final is a request for a Conditional Use Permit, CUP 02-031, Moshers Farm Subdivision. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve CUP 02-031, a request for a Conditional Use Permit for a Planned Unit Development for 25 single-family detached homes and one single-family existing home in an R-8 zone for the proposed Moshers Farm Subdivision by CMD, Incorporated. To implement all staff and applicant's comments and for the attorney to draw up Findings of facts and Conclusions of Law and Decision and Order. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so it's clear on that site-specific condition regarding the ACHD recommendations, would that also include the staff comment -- Bird: That's correct. Nary: -- about if there is a change by ACHD? Meridian City Council December 10, 2002 Page 36 of 37 Bird: That's right. Nary: Thank you. Corrie: Okay any further comments or discussion? With that being said, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Roll call. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: That takes care of our meeting agenda for this evening. I'll remind everybody th that we do have a date, the 12 of December, at 7:00. Anything further? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think we talked about this a couple of times and I just don't recall if we finalized th it. Is there a meeting next Wednesday on the golf course on the 18? Bird: Yes. Corrie: I don't know if the attorneys -- Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I have not had any contact with Ms. Butler lately. I did issue a memo to you and the Council on issues that you wanted researched, but I haven't had any contact from her beyond the letter that she sent to you here recently. Corrie: Do you want to schedule it? Do you want to make sure that she wants to have th it the 18? th Nary: It doesn't matter to me. I had another potential conflict on the 18. I just wanted to know. It doesn't matter. Bird: If it's a fun conflict, we will make sure that we have the meeting. Nary: No, it's not fun. It's no play. It's nothing that -- maybe, Mr. Nichols, if it's done by e-mail, we will just get a hold of Ms. Butler. It doesn't matter to me. th Corrie: I would like to -- I would like to -- if they want to have it the 18 on their agenda and they would like it, I think a lot of the questions that you had would clear up a lot of what they want to have but that's just an observation on my part. Meridian City Council December 10, 2002 Page 37 of 37 Nichols: Well, Mr. Mayor, Members of the Council, I will contact Ms. Butler and see if th she is still planning on a meeting on the evening of the 18 and, if so, do we still want to meet ahead of time in Executive Session before that meeting, then, to coordinate with the Mayor's Office with regard to the times? Corrie: I think that would be apropos. Okay. That being said, we will let you know by th e-mail for sure on the 18. Any other before the Council? If not, I will entertain a motion to close the Council Meeting on the evening. Nary: I move we adjourn. Bird: Second. Corrie: Okay. Motion has been made and seconded to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Adjournment at five minutes until 9:00. MEETING ADJOURNED AT 8:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / ROBERT D. CORRIE, MAYOR DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK