Loading...
HomeMy WebLinkAbout2007 06-26 Meridian City Council Meeting June 26. 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, June 26,2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Ron Anderson, Doug Strong, Matt Ellsworth, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird -.2L Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting tonight to order. Thank you for joining us here. It is Tuesday, June 26. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight's meeting at the pledge of allegiance we are going to be led tonight by Samantha, Camie, and Zach. If you will, please, come and join us up front and all rise? (Pledge of allegiance recited.) De Weerd: I do have pencils for each of you for leading us tonight and I'm sure Councilman Bird has candy, if your mom doesn't mind. Bird: Mom doesn't care? So does Councilman Rountree. Rountree: Happy Halloween. Bird: Help yourself. Take it all. Rountree: And if you don't like one of those, the Mayor will eat it. Item 3: Community Invocation by Pastor Kevin Moyer with Meridian First Baptist: Meridian City Council June 26, 2007 Page 2 of 70 De Weerd: Thank you, Councilman Rountree. Item No.3 is our community invocation. Tonight we will be led by Pastor Kevin Moyer and he is with the Meridian First Baptist Church, currently under construction. We would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor? Moyer: Let us pray. Our Heavenly Father, we are thankful tonight that we can enjoy such wonderful blessings. We are thankful for our children and just the pure joy of having their involvement with us and thank you for this wonderful community. We are just grateful that we can move forward, just showing support one for another, pulling together as a community, even tonight, Father, we are thankful for the leadership here in Meridian and for our Council members. We are privileged in our wonderful city to have working relationships that, Lord, are really reflective of a desire to help people and to pull us together and to really, again, show our love one for another. I pray you give us real wisdom and discernment tonight as we look at many different issues and that you would give the ability to know how to listen well and hear what's being said on both sides. And, again, Father, that we thank you for the liberty that we have in our country, for the justice that is here. And it's not perfect, but we try our best. Continue to give us strength and ability to honor one another and to honor you for your many blessings to us. We are thankful for this time tonight. We ask these things in our Savior's name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I do the adoption of the agenda, we have a young lady out here that this may be her last Council meeting. She has been working with us for two years and I just want to publicly thank her for everything that she and the Statesman have done for the City of Meridian. They have been very fair and we certainly appreciate everything you have done, Hillary, and we hope you will come back and join us again. Thank you very much. Rountree: And that's as a planner. De Weerd: You can come back as a planner. Rountree: A planner. Bird: Anyway, with that, Mayor, I move that we adopt the agenda. We do have some changes. Item No.8 and 9 has been asked to be continued to 7/10/07. Item No. 17 Meridian City Council June 26, 2007 Page 3 of 70 was not posted right, so that will be continued to 7/17/07. Items 21, 22 and 23 will be ordinance numbers 07-1322,1323, 1324 and 1324. And we have asked -- would like to add Item No. 24, which is an Executive Session as per Idaho State Code 67 -2345( 1 )(f). With that I'd move that we approve the revised agenda. Rountree: Second. Zaremba: Madam Mayor? De Weerd: I have a motion and a second. Discussion, Mr. Zaremba? Zaremba: I would ask that Item 5-D be moved off of the Consent Agenda to become Item 7. I have found a paragraph that I believe does not actually relate to that development agreement, which will require some discussion. Bird: Which item? Zaremba: Item 0, the Ahlquist Annexation. It will take just a couple minutes of discussion and, therefore, doesn't qualify for Consent. Bird: So moved. I agree with it. Rountree: Second concurs. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 5, 2007 Pre-Council Meeting: B. Approve Minutes of June 5, 2007 City Council Regular Meeting: C. Development Agreement: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road and RZ 07-003 Request for a Rezone of 0.38 of an acres from L-O to C-G zone for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: Meridian City Council June 26, 2007 Page 4 of 70 E. Approve Beer & Wine License Transfer from Harks Corner. Inc to Jacksons Food Stores Inc. for Jacksons Food Stores #118 at 1651 W. Franklin Road: F. Approve Change Order No. 4 for the Wastewater Treatment Plant Expansion Proiect with JC Constructors, Inc. for $157,019.41 : G. Award Bid I Approve Contract for Well No. 27 to Treasure Vallev Drilling & Pump. Inc. for $251,300.00: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda we have been -- it's been qualified to move Item 0 to 7- D. And with that, I move that we approve the rest of the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: I have a motion and second to approve the Consent Agenda. Any discussion? Hearing none, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department: 1. Update on After School Pilot Program with Meridian Middle School: De Weerd: Item 6 under Department Reports, we have the Parks Department with an update. Mr. Strong? Strong: Thank you, Madam Mayor, Members of the Council. Appreciate the opportunity to come back to you and talk about the pilot program that we did with the Meridian School District for an after school program. As you recall, we started late in the school year in April and ran it through the end of the school year in the first part of Meridian City Council June 26, 2007 Page 5 of 70 June. So, we put together kind of a re-capsulization of what took place during the after school program and we will discuss following the report any questions that you may have. We started the program on April 16th and we ran it through June 1 st. We had a staff of one supervisor and three part-time staff. We worked toward a ratio -- a staff ratio of one staff member to ten participants in the program. We had a total enrollment over the course of this pilot program of 15 students. The maximum daily attendance that we had was 12 and the lowest was five. As you recall, you supported a budget of 11,800 dollars for the program. We actually spent 5,593 dollars on the program and that's primarily because we didn't get the enrollment -- the maximum enrollment that we anticipated or planned for, so we didn't have to staff it at the level that we had planned for, so -- De Weerd: Well, it looks like the rest of it was spent on liability. Strong: That actually is one of the activities that they participated in and it will show that -- you will see that in the list. That's a climbing rock that was brought and they did do a field trip one day and -- when they were able to experience that climbing rock, which was quite an event. These are the types of activities that took place over the course of a few weeks and as you can see there is quite a variety of things. Typically, if we had a year long after school program many of these activities would take place over a longer period of time, but we were experimenting with the different things that would work and trying to create interest in the program. So, it was quite a variety offered from the beginning. You can see down toward the bottom the Eagle Island field trip was one of the field trips that was taken. And, then, the climbing wall field trip, which was -- the climbing wall was brought to the group by the Idaho National Guard and it was quite a hit. And nobody hit the ground, so it was very successful. These are some pictures of some of the activities and showing some of the youngsters in the program and the types of things that they did. The picture on the upper left in this one shows some of the people that came into help with the program outside of the staffing that -- in the different events. Zaremba: Some of those children look familiar. Are they sitting in front of us? Strong: Perhaps they are. What we learned from the program in this short pilot project -- and as you recall our discussion when we were -- when we brought this forward was is it enough time to really decide whether the program works. And we knew going into it that that short period of time would create some challenge in determining where to go or what might work with the program. But these are some of the things that we learned in doing the program. We needed more promotion of what the program is and part of this is in part due to what the students at the school understood the program to be. It's not a remedial program or a detention program after school, but something that was structured activity for them to learn new skills and to participate in fun activities following their structured school day. So, that's the second bullet there that is creating a clear idea of what the program is intended to do. There was some staff demographics that Meridian City Council June 26, 2007 Page 6 of 70 we wanted to look at is that maybe in our staffing of the program maybe a different energy level with some of the people that we picked. There was one staff member that was a little older and I understand didn't have quite the energy that maybe a younger staff member would have for some of the activities. So, staff is always a key element in the success of a recreation program. So, that was one thing we learned. Organization is certainly important and with more time, better organization I think will take place. We were scrambling to get things together and organization is a real key to the success in getting the word out, getting supplies there, getting staff lined and trained, so forth. The original aim of the program certainly was good and we just need a more defined path on how to get there. As you recall, the form that we handed out had pretty specific guidelines for what we expected young people to get from the program and so that still is a solid base for what the program is intended to do. So, for next year we -- if we go ahead with this program we plan to focus on promotion and provide information to students and parents during registration. So, now a press release is before school starts, continue with them through the first two months of the school year and, then, continue daily announcements of the activities during school hours just to promote the program. Advertise each week's activities at the school on bulletin boards and different locations. We also want to further partnerships with other organizations that provide programs for youth and particularly after school activities, like the Boys and Girls Club, the YMCA. There is a new alliance being formed as part of the State Department of Social and Health Services called the Idaho After School Alliance and they are hoping to form an advocate group for state and local level support of quality -- quality programs and accessed after school programs. They are just intending to establish a system of training staff, coordinators, directors, stake holders, decision makers. So, this is relatively new that -- as far as we are aware and it should be a real good resource for furthering all after school programs, not just this one in the state. We certainly want to continue our partnership with the Meridian Police Department and the Meridian School District as well. Plans for next year in staffing, we want to recruit staff at local colleges and universities in education and childhood development departments. Hire applicants who are interested in being active with children in a recreation setting or an education setting perhaps. One staff is hired and provide comprehensive training for them that -- over a longer period of time than we are able to during our pilot program and, then, continue with monthly staff meetings for ideas, improvements, continuing -- and continuing success of the program. We want to plan after school programs scheduled on a monthly basis, so that it can be advertised what the activities are well in advance of when they take place. Continually distribute a monthly schedule to students, even those who do not regularly participate in the program. And, then, allow for more flexibility in the program. Have activities for students who do not want to participate in the daily activities. With more children in the program there is actually more opportunity for flexible programming, because you can divide the group up more and when you have a small group and you have to limit your staffing because of the size of the group. So, actually, numbers would increase flexibility in the types of things that could be offered with the groups. What we think is -- what good the program is, what -- the value that we went from a -- when we look at national initiatives and how it adds local value. Meridian City Council June 26. 2007 Page 7 of 70 The National Parks and Recreation Association is just one example of national organizations that promote active lifestyles for people that much of what they do is focused on children. They have a program called 60 Minutes of Play Every Day For Every Child and an after school program is an excellent way to promote that, so that it's a way to combat childhood obesity and you can promote good nutritional habits and support some of the national initiatives that are out there to help keep kids healthy and active. There is a program sponsored by Nickelodeon -- it's a Nickelodeon initiative that's actually very much focused on the same thing, healthy lifestyle, healthy nutrition. It's actually part of the Bill Clinton Foundation, the National Heart Association, and the National Boys and Girls Club nationwide and it culminates, actually, at the end of this month in a national Let's Just Play Day across the country for those programs to participate in. So, we want to link into some of those kinds of national initiatives that are being promoted in state and local communities and tie that into the after school program. De Weerd: I guess we should have had this presentation before we handed the candy out; right? Strong: We did provide snacks every day when they first arrived at the program. So, they are -- Bird: There is nothing wrong with candy. Strong: That's the end of the program. So, I'd certainly stand for any questions that you have. Just as a heads up, we -- when we come with our budget presentation next month we will have an enhancement to fund an after school program for this next full school year. De Weerd: Before I open it to questions, do any of you have any questions? Gloria, do you have anything you would like to add? Eggers: First of all, I have some t-shirts. McU Sports was kind enough to donate some t-shirts. McU Sports was kind enough -- Rich Urresti, I ran into him at one of the snack places and he gave us some t-shirts. Okay? And all the kids -- we had a t-shirt contest. Zaremba: Cool. De Weerd: All right. Rountree: All right. De Weerd: Thank you. Okay. Gloria, if you could state your name for the record. Eggers: Gloria Eggers. E-g-g-e-r-s. Meridian City Council June 26, 2007 Page 8 of 70 De Weerd: There you go, Dean. Anything you need. Strong: Gloria actually was a recreation specialist hired to supervise the program, just as clarification for why she's talking to you. Eggers: And LeAnna Thomas hired me before -- larger size. De Weerd: We will return to Doug any sizes we don't use. Eggers: Thank you, Doug. I appreciate your work. This is very encouraging. appreciate every -- what we did here. The support from the recreation department. I appreciate Diane Stewart and Jana Smith for helping me put together a lot of e-mails and printing and the lack of time that we had. Thanks, Doug. Lisa Austin, the principal, mentioned to me that we should not be concerned about the numbers. We are planting seeds and we will soon grow a forest. She's very excited about the program. Rhonda McDunough, the Athletic Director, she loved the energy behind the program and she said where would these kids be if they weren't at our program every day. And I know she doesn't want to talk and I really didn't want to talk, but I'm real excited to have this program going. But this is Kristin Rath. This is Sammy's mom. And -- do you want to say a little bit? De Weerd: If you will state your name for the record. Rath: Kristin Rath. I just appreciate the program very much and I'm excited for my son, he will be in sixth grade next year and as far as Samantha's grades, they are coming up. She was excited to go. She went almost every day. She just loved it. So, I think it's a very very good program. De Weerd: Thank you. Rath: Thank you. Eggers: Thanks, Council. De Weerd: Well, thank you. You were able to -- the program came together very quickly and we sure appreciate your principal's dedication to our community and being a community partner. Eggers: It was a seven week program. We started April 16th to June 1 st. Seven weeks. And I want to mention that Toni Root, art teacher at the Meridian Middle School, and Gina Zoeller, these ladies were there three or four days a week for us. Brian Schreiner taught art classes. The Idaho National Guard was one of the -- he was willing. And Karen Magnum taught wonderful healthy cooking classes. One thing that Meridian City Council June 26, 2007 Page 9 of 70 Rhonda mentioned is that if we could -- on a monthly basis get together a group, say cooking one month, just have a nice class one month, where we -- the kids know -- and I think the time frame, too, from 2:45 to 6:00 o'clock is a little bit long. We kind of start to lose their attention a little bit and maybe at 5:00 o'clock, 5:15, the kids can go home. But we are keeping them off the streets. That's why Rich Urresti said what are you doing now, Gloria. I says, well, I'm working on a program with Meridian. Why? Keeping the kids off the street. And he said I'll help you out. Okay. Thank you. Zaremba: Thank you. Strong: Madam Mayor, Members of the Council, I just want to thank Gloria for -- as you can tell, Gloria has a tremendous amount of energy and that comes across in the program and I guess my analogy -~ I don't know if I have shared this with Gloria. I have a Jack Russell terrier at home that has a tremendous amount of energy and she kind of reminds me of my little dog Daisy May, so -- and I think the kids really appreciated that energy and enthusiasm for what she did, so-- De Weerd: Well, we appreciate it and we know it takes a lot of people to make a program work, so thank you. Zaremba: Madam Mayor? De Weerd: Council, questions? Yes, Mr. Zaremba? Zaremba: Yes. I'm excited that 15 kids participated in a pilot program. I mean we clearly knew that this was going to be started up suddenly and run for a short time. I'm thrilled that it proved itself to that point and is going to be continued next year. I guess my question is just a clarification. Next year it will still only be at Meridian Middle School or are we thinking other schools? Rountree: Doug's not paying attention. Zaremba: Mr. Director. A question directed at you. Is this still only going to be at Meridian Middle School next year? Strong: Madam Mayor, Members of the Council, and Councilman Zaremba, that currently is the plan of what's being proposed and apologize for my not paying attention. I was asking Captain Overton if he wanted to share any of the crime statistics showing that crime was down because of this program, but we didn't quite get there, so I was not paying attention. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council June 26, 2007 Page 10 of70 Bird: Doug, I compliment you and your staff and the people that worked on this, because it was short notice and we didn't fall on our face. We come up with a good -- we come up with a great program and in such a short time and if we have one kid there that's -- we are doing -- you know, the more the merrier, but if one kid is helped it's worth the program. Rountree: Madam Mayor. Bird: I think -- oh, excuse me. Rountree: Go ahead. Go ahead. Bird: I was being slow for once. I think that for this next year, doing -- I, too, want to see it at Meridian Schools, all of them later, but I think for next year to do the job, get one through one complete year, I think one school would be great and, then, we can go from there. But just express to your staff and to the people that work there that I appreciated the way it went down and the success we had. Thank you. De Weerd: Okay. Any other questions or-- Rountree: Madam Mayor, just a comment along the lines of Councilman Bird's, that thank you all, those that gave of your time and energy to do it and thank you as participants and particularly coming this evening, because we don't often hear from the folks who are reaping the benefit of some of these programs and it's nice to hear and it's nice to hear in this particular case that we made a difference. Thank you, Doug. You learned some lessons that we thought you were going to learn when we first heard about this, about organization and timing and that's good and it will make the program better in the future. And I got to tell you, the kids that were in the program are probably going to be your best salesmen of what went on. So, I would team up with the 15 or so that participated at anyone point in time and encourage them to let their friends know that, hey, it was a hoot, come out and enjoy the rest of us and have some fun. De Weerd: Well, Zach is already ready to sign up and Samantha, you have already done a good job of signing him up, so -- and with Gloria's energy and I certainly can understand why. So, thank you. If there is no further questions, Council? We appreciate you being here with us tonight and thank you, Doug. B. Legal Department: 1. Approve SWAC funding recommendation for Meridian Academy for the purchase of picnic tables and benches for $1,500.00: Meridian City Council June 26,2007 Page 11 of 70 2. Approve SWAC funding recommendation for Boys & Girls Club of Ada County for an addendum of $2630.00 for the creation of a statue and benches for Centennial Park: De Weerd: Okay. Our next item is our legal department. Nary: Thank you, Madam Mayor, Members of the Council. You have two requests in front of you from the Solid Waste Advisory Committee in regards to the recycling fund dollars that are accumulated each year through the recycling program in the city. Just to remind I guess maybe more the folks in the crowd than the Council, these funds are budgeted, they are disbursed by the Council based upon recommendations that are brought forth from the citizen's committee on various projects within the city. The criteria are that the -- the project itself needs to benefit the citizens of the city as a whole, that if there is preference given, if the materials used in the project are recyclable materials, but it's not required, that the funds for it have to be done in a 50 percent match and the project itself has to be within the city limits of the city. One project, number one, there is a purchase of picnic tables and benches for Meridian Academy. You have seen a number of those before from various schools for some benches and tables and things to provide that on the school grounds. Those are usable other than during school hours by all members of the city. And the second one is actually an additional request Boys and Girls Club, the Centennial Park that's adjacent to the Boys and Girls Club currently, there was a request -- and I forgot to look if it was this fiscal year or last fiscal year. There was a previous request for last fiscal -- this fiscal year for funds for a statue to be put into the Centennial Park. This is additional request -- there was a -- they didn't have quite enough funding, there was about a little over 5,000 dollar shortfall in the funding to get the statue completed, so the Boys and Girls Club went and raised half the funds through a recycling clean up and, then, we are requesting the additional half from the Solid Waste Advisory Committee. Both of those requests were approved by the committee and forwarded to you for your approval. De Weerd: I might also add that the Boys and Girls Club, our crime prevention department, code enforcement, are offering that neighborhood clean up again this year. It's happening on Saturday. You're invited to help and participate. Last year I think they raised -- or they cleaned up like 14 tons or -- well, it was a very positive experience for the kids in the Boys and Girls Club. Actually, the neighbors met. So, it was a very worthwhile project. I believe that also received recognition at the Association of Idaho Cities city achievement awards. So, congratulations, Lieutenant. Give that word to Melissa and code enforcement. It's a great program. Okay. Rountree: Madam Mayor, if there is no comments or questions, I move that we approve the funding for Meridian Academy and Centennial Park with recycle funds. Bird: Second. Meridian City Council June 26, 2007 Page 12 of70 De Weerd: I have a motion and a second to approve the request in front of you. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: D. Development Agreement: AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC - Southeast Corner of the intersection of Eagle Road and Franklin Road: De Weerd: Thank you. Item 7, we have removed 0 from Item 5, the Development Agreement on AZ 06-065. Mr. Zaremba. Zaremba: Madam Mayor, I would give the city attorney Mr. Nary time to pull up AZ 06- 065's Development Agreement on his screen, if he is so doing. If you would look on page three near the bottom of the page, paragraph 4.1, the statement that is in bold and italics and carries over to page four, doesn't appear to me to relate to this project. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, yeah, I guess in the formulation of this DA that that -- that was captured, obviously, from another DA. What I would ask the Council to do is remove this item from your agenda; we will need to get new signatures. Obviously, they didn't catch it either, they signed it. So, if they are willing to build just that, instead of what they actually propose -- but if we could ask to pull this from the agenda, we will correct it, we will send it back out, we will get new signatures. I would think two weeks would be adequate. I don't know if there is an urgency of time, but one week -- one week might be cutting it close. So, I would ask if you could set it for two weeks. Zaremba: Madam Mayor, I would also add that that probably has an impact on Item 21 on our agenda as well. Nary: Yes. Bird: Yes, it does. De Weerd: Okay. We will go ahead and table this item until next week. Mr. Nary, two weeks? Nary: Just to make sure we get the signatures back, so -- Meridian City Council June 26, 2007 Page 13 of 70 De Weerd: So, I need a motion. Rountree: Madam Mayor, I move that we table Item 7-0 to July 10th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue this item to the 10th. July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gatewav Marketplace Subdivision No.1 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: Item 9: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gatewav Marketplace Subdivision No.2 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: De Weerd: Thank you, Mr. Zaremba, for catching that. Item 8 -- Zaremba: I miss the big ones, but I catch the little stuff. De Weerd: We appreciate that. Items 8 and 9 have been requested to continue to July 10th. Rountree: Madam Mayor, I move that we continue Items 8 and 9 until July 10th, 2007. Bird: Second. De Weerd: Okay. I have a motion and a second to continue eight and nine to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from June 5, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: Meridian City Council June 26, 2007 Page 14 of 70 Item 11: Continued Public hearing from June 5, 2007: Parks Master Pathway Plan: De Weerd: Okay. Item 10 is a continued Public Hearing from June 5th on CPA 07-003. And, Matt, are you doing this? Okay. I will go ahead and turn this over to you. Ellsworth: Thank you, Madam Mayor, Members of the Council. This -- this item under consideration is an amendment to the future land use map and it pertains directly to the proposed pathway alignments. What you see in front of you on the PowerPoint presentation here is actually a bit more detail to that alignment than what is actually under consideration on the future land used map, in that it distinguishes between pathway types. As you can see, some of those segments are in red, those are on-street routes. The ones in blue are micro pathways. Green are proposed pathways and so forth. What is on the table for consideration is the overall alignment itself. So, as it transfers onto the future land use map that will be the gray pathway alignment. I won't go into anymore detail than that. Part of what we did with this -- this planning process was working with the consultant team from Portland, Oregon. They came in and took a look at the proposed alignment as of the most recent iteration of the future land use map. They went out on the ground to ground truth some of those, to inventory what was constructed, what essential links were needed to make a more usable system and their conclusions are what you see in front of you here. This came before the Planning and Zoning Commission back in April. They recommended approval of the network as outlined in front of you. One additional change to staff I'd like to recommend related to the Ten Mile specific area plan and the specific change is identified on the screen there. The green is the new recommended alignment and this is a small deviation from what -- what is -- what was recommended by the Planning and Zoning Commission. The red dotted line is what was on the table at that time. The reason for this change is in conversation since April, with both the irrigation district and the land owner, it was determined that moving that irrigation faCility was not an option as we initially anticipated. So, in order to make sure that the Ten Mile Interchange Specific Area Plan matches the pathways plan, we went ahead and switch it back. The green line that cuts diagonally across that parcel reflects the alignment of the creek and it's still proposed to run adjacent to the creek. So, that's the one change from the Planning and Zoning Commission recommendation that we wanted to -- wanted to endorse and wanted to get in front of you. And, in addition, at the Planning and Zoning Commission hearing several residents who live in the vicinity of the Nine Mile Creek pathway as proposed, both on the city's current future -- existing future land use map and the changes to that network alignment that are under consideration at this time, expressed some concern with that alignment and I see some familiar faces this evening, so I imagine they will -- they will express those to you. At that meeting during that discussion it was several -- several different things were discussed. Some of it's going to get more into the text of the plan, as far as the implementation measures, the priorities and things of that nature. I'm going to go back a couple slides. And I'm going to zoom briefly to that component, so you can take a closer look at exactly what we are -- what we are talking about here. Meridian City Council June 26, 2007 Page 15 of70 De Weerd: Matt, I originally had just opened 10. I will also open 11 as well. It looks like they are interrelated. Ellsworth: They are. They are very much so. And I was hoping, anyway, to zoom in on this specific segment of pathway, if that was at all an option, so that you could see -- and where I'm going with this is that particular segment of the Nine Mile Creek -- here we go. There are a couple of different things going on. On the one hand it's not a deviation at all from the current pathway alignment as shown on the adopted future land use map. The second relevant component that's worth -- that's worth identifying is that this is one component where the consultant actually proposes a parallel alternate route and you can see it -- it follows this A to B connection. Here we have Ten Mile Road and Cherry Lane and the segment in question is the green proposed pathway that runs along Nine Mile Creek. As you can see there is also, with a micro pathway, some on- street connections -- a parallel route and the way that that's described in the text of the pathways plan, its kind of near term solution and a long term solution. The consultant took a look at it on the ground, they noticed how constrained that corridor was and they knew that it had significant property owner impacts. As a result, they proposed that in the near term they could still create that connection and in a longer term, upon redevelopment someplace down the line, they can come in to create that pathway along the creek in making this link. However, it was not indicated as a top priority and that was, essentially, a back burner component. The concern that staff iterated to the Planning and Zoning Commission with removing that segment from the proposed alignment is that once that line goes away, the chances of getting that pathway there essentially go away with it. So, that was our take and the Planning and Zoning Commission agreed with that. So, with that I may turn it over to Doug to speak briefly about that plan document and some of the comments that were received. Strong: Madam Mayor, Members of the Council, we -- this process of -- with the consultants of -- as Matt has already indicated, was an effort to expand our current pathways master plan to include more language about construction of path -- what the construction of the pathway would look that, the actual diagram for that street alignment, signage of pathway connections, certainly to do the ground proofing that's been discussed. But to improve the overall description of a master pathway plan. We went through several publiC meetings to get input about not just alignments, but what pathways should look like, treatments along corridors and things like that. We -- in the initial draft of the plan, those public meetings that we held at the police department, comments were incorporated into that plan. We later received comments from ACHD from John Cecil, a private citizen, but also does consulting work of pathways that were primarily editorial comments to the text, those -- this -- correcting language and hyphenation and different things in the text. Those -- those comments were incorporated into the -- the latest draft of the plan that we currently have and, then, there was -- there were also some -- an additional letter from the fire department about how the pathway needed to be constructed for emergency access and weight loads that Meridian City Council June 26. 2007 Page 16 of 70 were necessary for emergency response along pathway corridors and there was some discussion about the importance of that in the way that -- where pathways went and the opportunity for connectivity to areas that otherwise wouldn't be accessible. We feel that some of what's being suggested might be a little bit excessive for a pathway system that would bear up to 75,000 pounds in weight. We are suggesting some alternate ways to get connections at the half mile or quarter mile into pathway sections and things like that. De Weerd: If you will put bike racks on the fire path, so -- to promote a healthy lifestyle. Strong: And I believe -- oh. And we have discussed the pathway plan and the text at the April Parks and Recreation Commission meeting and also received public input at that meeting, the same residents that Matt mentioned from the Nine Mile Creek area were present at that meeting and provided comment. At the completion of the meeting the commission recommended approval of the draft plan. So, it -- they suggested that we bring it forward. So, that's where we are with it to date. De Weerd: Okay. Doug, the commission, did they discuss the changes to that section of the plan after the testimony or is that something that was a staff recommendation? Strong: Which section? De Weerd: That the neighbors talked about. Rountree: Nine Mile. Bird: Nine Mile. De Weerd: The Nine Mile section off of Ten Mile. Bird: Franklin and Ten Mile. Between Franklin and Ten Mile. Strong: They did discuss that. The recommendation was to leave the plan as it is -- as submitted by the consultant. De Weerd: But -- and staff has since -- the alternative comes before the Commission? Was that section discussed with the parks commission? Strong: Yes, it was. And we did receive the same public comment from the residents of that area that were present at the Planning and Zoning Commission meeting. As Matt discussed, there are alternate on-street routes to provide connectivity through that area without going down along the Nine Mile ditch or drain, whatever it is, until sometime in the future, if that area redevelops, then, we will want it to retain that line on the map, to retain the opportunity to put a pathway through there, if that happens somewhere down Meridian City Council June 26, 2007 Page 17 of 70 the road -- down the road. In the consultants' plan they actually -- they had sections of pathway that would be driven by development and paid for by development and sections of the plan, as you might recall, that would need to be funded by city funds, if they were to be completed. This section would be one of those sections that down the road, if it was built, would be -- have to be built by city funds. It's in the third tier, which is quite a few years out in priority. So, we certainly don't know how long it is, but third tier could be 30 years down the road. In our ten year capital improvement plan we don't have any -- any money identified for a pathway development beyond what's being put in by developers at this point. That's the first priority for development. So, all of that was discussed at the Commission meeting and that's why it was -- it was elected to keep it-- the line on the map and the text as it is. De Weerd: Okay. With the red routes as well, the on-street -- Strong: Yes. De Weerd: Okay. Thank. Council, any questions for staff at this time? Bird: I have none, Mayor. Rountree: I have none at this point. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? You would need to come up here, please. Even questions have to be on the public record. And if you could give us your name and address. Kern: Patsy Kern. K-e-r-n. De Weerd: And your address? Kern: 2151 North Massey Place. This on-street route that's been added, was that on the original map? Ellsworth: Madam Mayor, yes, it was. Kern: It was? Well, did any of you see what we brought -- we went around to a lot of the neighbors, the others, besides myself, who own property along Nine Mile Creek, and I forget how many there were now. I looked for my information before I came, I couldn't find it. Did you get a letter from us that was presented? And that was not considered or did we waste our time or -- Meridian City Council June 26, 2007 Page 18 of 70 De Weerd: This is the public process for that consideration. The first one went in front of the parks commission and their recommendation is now in front of City Council, along with the plan, and all the other public documentation and that would be part of it. Kern: So, it hasn't really changed? Nothing's changed from the original, other-- De Weerd: I guess they are suggesting an alternative to the long term and the long term is only in the case that that area redevelops. Kern: Okay. De Weerd: So, that piece would be an on-street piece. Kern: Because we do own property -- we own the property and we strongly object to it, because it's going to infringe on our privacy, on our way of life, and that's why we did what we did. So, I just wanted to be sure that you all knew that. De Weerd: Okay. I guess my question is you oppose the on-street -- Kern: No, I don't have a problem with the on-street route. De Weerd: Just the green piece? Kern: Yeah. That it's still on there. De Weerd: Okay. But you also understand that green piece is a section that would only develop in the case that your properties would redevelop for a different use. Kern: Every single property would have to redevelop before they could do that? Is that my understanding? Okay. Bird: Yes. De Weerd: Thank you. Any other questions? Public testimony? Rountree: Misunderstandings. De Weerd: Yes. Or clarification needed. And I guess, Anna, you might explain what that means, if a section would redevelop, it wouldn't really be a parcel by parcel type of redevelopment, it would be more of an area redevelopment. Could you comment to that? Canning: Yes, Madam Mayor, Members of the Council. We have done these incrementally, but given that these are fairly small parcels that likely can't re-subdivide Meridian City Council June 26, 2007 Page 19 of 70 or anything like that, the more likely method of achieving that green line sometime in the future would be to acquire that easement through purchase or some other means like that. And we were talking way in the future conceivably. So, I think that -- I can understand why the residents feel frustrated, like they hadn't been heard, but I -- I think that the way the planning commission felt -- I wasn't at the parks commission meeting, but the way the planning commission felt is that there was a misunderstanding on how and when that pathway would occur, that we wouldn't just go and pave over their backyards, that -- without them knowing it. Waking up one day and all of a sudden there was a pathway there. So, we've tried to explain to them the process and the likelihood of that occurring and we felt like we had addressed their concerns and so kept the green line on the map, if that helps to understand. But I can see how the folks felt like they weren't heard. But we heard -- their concerns were already addressed through the on-street pathway and any future action that the city might need to do to somehow inquire that incremental or -- incremental acquisition of those easements for the pathway or some larger effort on the part of the city to acquire the whole pathway. De Weerd: Sometimes I wonder if that was really English or not, so -- Nary: It would appear not. Kern: When you say purchase the property-- De Weerd: If you would just restate your name. Kern: Patsy Kern. K-e-r-n. 2151 North Maxie Place. When you say purchase the property, I thought you had said it had to be redeveloped, that you wouldn't come in and try to purchase that area if it wasn't. Was that what you just said? De Weerd: I think at redevelopment it would be a series of things that -- it wouldn't be any easy path and that's probably why they are suggesting the one road alternative, so that a connection can happen that's realistic. That line is on the map in case in the future is ever realistic and actually lOA-able. Kern: Well, I just heard purchase easement and I just had questions that's why I was questioning her. De Weerd: Well-- Kern: That's what she said; right? De Weerd: It would have to be purchased. Kern: But I thought it wouldn't be done unless the area was redeveloped. So, these are two different things. Meridian City Council June 26, 2007 Page 20 of 70 Zaremba: Madam Mayor, that's not contradictory. The point is if it ever happens during a redevelopment the city would have to purchase that easement. Kern: Oh. Okay. Zaremba: They are not going to come to you -- we are not going to come to you and condemn that piece of property or force you to give up -- Kern: Well, you never know. That's what I wanted to -- Zaremba: That's happened some places. Kern: That's why I wanted to clarify. But I heard her say that. Zaremba: But we have heard your concern and we are not -- and I believe I did see the original letter at some point. Kern: Okay. Rountree: Yeah. It's in here somewhere. Zaremba: If I recall, it was in the form of a petition. Kern: Okay. Okay. Zaremba: But those are not contradictory. What was being described, yes, we would have to buy the easement, but we are not going to do that forcefully. Kern: Okay. Zaremba: It would happen in the process of you all getting together and having somebody redevelop your properties. Kern: Okay. Thank you. De Weerd: Anything further, Councilor staff? Rountree: Well, I think there is probably another explanation, because I'm now confused. It seems to me that at some point in time, if this is a preferred alignment for the ultimate, that the city could, if they showed a need, acquire that right of way or an easement and put a path in there. So, the question for the homeowners is, is it going to happen or is it not? I guess my answer to them is given Meridian's budget situation, given our lack of park space and other needs in the city, I don't suspect most of us in Meridian City Council June 26, 2007 Page 21 of 70 the room will ever see that happen. That's the reality of it. If it -- if it stays in the plan, it's for some future consideration. So, the question is does it stay in the plan as a color or does it stay in the plan as a note that at some point in time the city may want to consider -- and, quite frankly, the residents, whoever lived there in the future, might want the city to accept the liability along the canal or the drain way and the situation that's there and let the city deal with the irrigation district, as opposed to the individual homeowners. But that's -- that's way, way, way in the future. So, it seems to me that maybe clarification in the plan is such that the green line is an asterisk that -- like to, but not likely. Or not -- would make sense if it were possible, but it's not possible. I mean I understand the concern that we could have a future council at some point in time that said I want to finish the pathways and, by golly, we are going to do it and if they can show a need, we -- the city has the ability to acquire the right of way. We haven't done that ever that I know of, but-- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean Councilmember Rountree I mean has raised a valid point, but certainly any city council in the future could do the same thing. Rountree: Sure. Nary: I mean they can amend the plan, I mean they can do the same thing. I guess what the Council could consider is -- at least in this particular pathway -- and that may open the door to other people requesting similar accommodation, but instead of just making a note -- I mean make it -- leaving that line there, but you can certainly change the way that line looks, whether your cross-hatch it, change the color, whatever you want to do, to make it clear that that is -- that is the intention today. That it is only to -- you know, a potential redevelopment in the future or something like that, so that it's clear that right now that the intent of this Council in imposing this plan is exactly that, it's not intended to be done unless redevelopment occurs, it's not going to be done unless purchased in the future by the city, or whatever notation you wanted to make. But, again, I think the intent of the discussion from both parks department and the Commission and the staff, has been simply the opportunity would -- would be less likely if we don't preserve that today, but you can preserve that complexion of what your intentions are on that with the line and still give at least some assurance to the current property owners as to what that is. You know, as you stated, I mean certainly anyone in the future -- any Council up here in the future can change it anyway. There is a process to do it, just like this process has occurred, but that might be a way to at least make sure -- give them some assurance that at least for the time being it's not going to change significantly and not going to impact them without some other event occurring. Meridian City Council June 26, 2007 Page 22 of 70 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just as a suggestion, I wonder if it might help -- in those portions where we do have an alternate, that what's going to be established for now is on roadway pathway that doesn't follow the green line. I agree with the idea of keeping the marker there, so to speak, but what if we showed the green portion as a green dotted line, that we do have an alternative route, this was just being preserved for the future. Still have it be the green line, so that it shows continuous all over the map, but that portion where there is an alternate, where we don't intend to do it first, just have that dotted line. Not a solid line, a dotted line. Strong: Madam Mayor, Members of the Council, I just wanted to add one other note that I didn't mention before. This particular drain goes along the eastern side of Chateau Park. One of the elements that the consultant that was working with us, as we talked about connectivity through the community, is providing connections to parks, to schools, of off-street pathways. That's kind of the reason that we have hung onto it, because there is alternate ways to provide that connection now, this was not put as a very high priority, which you have already discussed. But that's the reasons that the line persists there. The property owners along this canal own to the center of the canal. It's their property, it's not -- it would actually have to be purchased property, it's not a possible easement. And to provide the pathway width -- and this is what we discussed in the meetings -- that would be necessary for a pathway, it would take out some people's backyard and in some cases the corner of their house. So, the width is not adequate along the ditch to provide a pathway at this point until such time that the -- in some cases the property would have to be acquired or a redevelopment opportunity would present itself to actually make a pathway feasible. So, we recognize that from the point. But to stay with the intent of the plan to provide connectivity, this became an important corridor to maintain some kind of line on the map, whether it's a dotted line or whatever, that -- I think those are all certainly possibilities to designate it, but it was a design element of the consultants that we were working with, so -- don't know if that made it clear or muddier, but -- Rountree: Well, I guess you helped me a little bit more, because this subdivision does predate the requirement to not calculate the lot square footage with the easement. So, if the easement's included in the lot square footage, anything we might do, if we were inclined to do it, would, then, cause some zoning issues. So, I guess I'm not sure that either now or in the future that's something that the city is going to entertain. Strong: That information was provided through testimony by the residents that they own to the center of the ditch. Meridian City Council June 26, 2007 Page 23 of 70 De Weerd: I guess it makes it even less feasible to even think it would happen, unless that land redeveloped. I mean I can't see it any other way. Rountree: Yeah. So, whether it's a hatched line to give better comfort to the neighbors to know that that is a special consideration area, but to leave it as a notation that that connection at some point, if it redevelops, is an important connection. Canning: Madam Mayor. Councilmember Rountree, thank you for apparently speaking in English what I was trying to articulate earlier. Rountree: Really? Canning: I did want to explain one thing about the way that the parks department plan is structured. It's -- we are really excited about this, because every segment of pathway has a description about where the pathway should be. Is it on the north side, is it on the south side or east or west, depending on the one. So, although a dotted line would certainly be an option, all of this discussion could be included just in the text with regard to that -- that segment of pathway to -- you know, Mr. Strong could add the discussion about there was concern expressed by the neighbors and Council decided this would likely happen upon redevelopment of the property or whatever Council desires. There is a whole section of text specifically for that segment and that's where it talks about on- street alternate path, because of these constraints. So, I think there is an opportunity to use the text there, rather than trying to perhaps confuse it with the map. De Weerd: I don't know, Anna. I think we have learned lately that text and map need to mesh each other and, you know, the more closer our maps can be and -- to tell the city's story and to show the value of a situation that's important. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: This might simplify it back to where we started. My sense, after hearing all the comment and testimony, is just to leave the green line at it is, not given to these gradients and patches and dots and by creating a hatch here you indirectly increase our focus on the non-hatched areas and -- I think your comments with regard to a text explanation isn't necessarily unique just to this particular stretch, but to the extent the city has a concern in any pathway development over private property right easement issues, pathway location, et cetera, while it specifically applies to this portion of the plan that we are discussing, it really applies to the city's decision making on any component of the pathway plan throughout the city. It might be acutely of interest to these property owners, so your text discussion makes sense, because the roll of the Council years later that won't be any of us, in making those decisions, will utilize those parameters regardless of where the pathways are, whether it's this particular one or otherwise. So, Meridian City Council June 26, 2007 Page 24 of 70 I'm comfortable leaving it green. From my perspective, I think -- I don't know if the Council could articulate any clearer and express as we sit here today that there is a very little likelihood that we see of this particular stretch being developed, but there is nothing we can do to any map, color, dot, dash, that would preclude it from happening in the future, other than our ability to express it's not likely. De Weerd: I usually always agree with you, but I'm a visual person and I'm going to look at a map. I'm not going to read text. And if we can make our map compatible with the text, that would be what I advocate and certainly I don't have a vote, so you guys can do what you want, but most people are going to 10dk at the map and if we can be clear in our comments, that would be more -- I know you're an attorney and like to read, but -- Nary: Careful. De Weerd: Don't you like to read? Any other comments? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have to agree with you on the -- I think it's very important to have the text match up with the map, but I, too, am one that the first thing -- and we -- in the ten years I have sat here, we -- every time we have got ourselves in trouble is because we haven't had enough on the map. I think you're a hundred percent right, I think people look at the map and don't read the text most of the time, so I think we need to match up, but I believe it's got to be put on the map. De Weerd: Thank you. Anything else, Council? Bird: Mark that down. Canning: Madam Mayor? De Weerd: It's a banner day. Anna. Canning: I don't understand what -- what we are doing. De Weerd: We are talking about dots. Canning: Yes, but what will the legends say for the dotted line. I mean it's still the preferred pathway location; correct? Correct? De Weerd: I would say a preferred alignment if redevelopment occurs. Meridian City Council June 26, 2007 Page 25 of 70 Canning: Okay. De Weerd: I think -- Zaremba: Preferred future alignment. De Weerd: Yeah. Rountree: Or something quite as simple as refer to text and in the text there is an explanation of what the intent is, because we haven't had that on some maps, some folks have been upset that the text told a very different story than what the zoning map said. So, refer to text and a good explanation in the text that it's the intent of the plan not to move forward with that preferred alignment unless there is a redevelopment of that parcel of -- those parcels of properties. Canning: Madam Mayor, I guess I would suggest, then, that the dotted line legend be that proposed alignment upon redevelopment of such -- of property and, then, that we have an overall note that states: Please see text for all line segments, because there is quite a bit of text for each line segment. Rountree: That's a good point. Canning: The only other question I had is this does -- now, this is the -- the planning department on the land use map is taking the simplified version of the colored map you see before you. Do you want that dotted line to transfer over to the land use map as well? Assuming that there will be a motion on this at some point. I'm sorry, I'm ahead of you, but -- Rountree: Madam Mayor, in response to that comment, if I might, if the planning department is going to utilize that map to provide information to the public, then, they should be aware of what the intent is, because they will just simply refer to the map and if it's green and everything else is green, they will say it's green, and they will not have referred to the text. So, the intent would not be necessarily given to the public. And I'm thinking of a future staff. We have a fairly current situation. Canning: Do we have to bring that up? De Weerd: We just know you're dealing with a situation not created by you. Canning: Yes. De Weerd: And this could be the same type of scenario. Meridian City Council June 26, 2007 Page 26 of 70 Canning: Yes. And that begs a second question. So, I wasn't -- and if -- pardon me for getting into this conversation, but do you even want us to put it on the land use map or would you rather us just refer to the pathways plan for the more detailed information? Rountree: That would be better. Bird: It would be better than the other way. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, I think it would be better to be on the land use map also and I'm strongly in favor, you know, of having a note there that refers to your text and I have a text that the layman can read and it doesn't take a Philadelphia lawyer. De Weerd: Any other comments from the Council? Okay. Is there any additional testimony from our citizens? Okay. Council, seeing no further questions or further testimony, I would entertain a motion to close the Public Hearing, if you so choose. Rountree: Madam Mayor, I move that we close the public hearings on Items 10 and 11. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Item 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion on Item 10. Rountree: Madam Mayor, I would suggest that we might consider these yet again once we see the staff's recommended approach to our dialogue up here, whether it's a dotted line or a text amendment or both and, then, take action on that plans, if -- unless that causes some grief timing-wise. De Weerd: I think the grief would be caused by leaving it up to them. I believe that they would like specific guidelines on a dotted line and the text or one or the other. Canning: Madam Mayor? De Weerd: Yes. Canning: We can come up with a few different options for Council and Mayor to consider and provide you like a one graphic only, one graphic and text, one text only, and have those options for you in a couple weeks, if you'd prefer that. Meridian City Council June 26, 2007 Page 27 of 70 Bird: Yeah. We have got to keep it open. De Weerd: Well, then, I would suggest that we reopen the Public Hearing, so that can be entered as part of these items and ask for a continuation. And just for those who are trying to follow this discussion, we agree with your concerns and we are just trying to see how best to reflect that on the map and in the text and if it needs to be in more than one place. So, that is, I guess, in a nutshell, what we are trying to decide up here. Council will be bringing -- or staff will be bringing back a recommendation for Council's consideration, so they know what it will look like and what it will read like, as will you. And, Anna, what is the time frame that-- Canning: Madam Mayor, three weeks. De Weerd: In three weeks? So, on the 17th. Okay. So, Council, what I would need is a motion to -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we reopen the public hearings on Item 9 and 10, take comments from staff as it relates to the Nine Mile section, and continuing the hearing until the 17th of July. De Weerd: How about ten and eleven. Rountree: Ten and eleven. Excuse me. De Weerd: Okay. Bird: Second. De Weerd: Okay. I have a motion and a second to reopen the two public hearings for ten and eleven and continue those to July 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PFP 07-001 Request for a Preliminary / Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: Meridian City Council June 26, 2007 Page 28 of 70 De Weerd: Okay. So, we will rehear these on the 17th. Okay. Okay. Item 12 is a Public Hearing, PFP 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Benewah project. It's located at 2673 North Ridgebury Avenue. The sUbject property is commonly known as Lot 13, Block 3, Vallin Court Subdivision. And you can see it over on the left-hand side of the screen there. The application before you tonight is a combined preliminary and final plat. The Vallin Court Subdivision was recorded in 2005. This lot was originally sized to accommodate an existing home. The property was sold and the new developer removed the home and anticipated filing this application, so the services are already there to support two homes. So, the applicant is now proposing to subdivide Lot 13, Block 3, into two new lots. The lot sizes are approximately 8,900 and 10,600 square feet. This is the plat, as shown. You can see the two lots. I did have a photo of an existing home and apparently it didn't make it into the presentation, so I apologize. For those of you who aren't familiar with the homes that have gone out there, they are rather detailed. They have a lot of roof modulations and a lot of breaks in the modulations and the facade and different use of materials within the Vallin Court Subdivision. And the same owner -- the same developer and owner and builder will have these two lots as well. De Weerd: Okay. I didn't know if you were done or not. Canning: No, I'm not. For some reason I just stopped talking. I'm sorry. The Commission recommended approval at the May 17th, 2007, Public Hearing. No one spoke in favor. No one spoke in opposition, commented, or provided written testimony. The key issues of discussion by the Commission were the perimeter fencing, installed with the Vallin Court Subdivision, and there were no key changes to staff's initial recommendation and to our knowledge there are no outstanding issues before City Council. Now I'm done. De Weerd: Thank you. Canning: Thank you, Madam Mayor. De Weerd: Sorry, my mind reading tonight is a little off. Council, any questions for staff at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: No access to Venable Lane? Meridian City Council June 26, 2007 Page 29 of 70 Canning: No, sir. There is a landscape lot immediately behind this one that would prevent -- Rountree: Okay. Canning: -- access to Venable Lane. Rountree: Thank you. De Weerd: Okay. Is the applicant here? No applicant. Canning: As I said at the Commission hearing no one spoke in favor of this application. De Weerd: Not even the applicant. The applicant was a no show. Okay. Council? Oh, this is a Public Hearing, even though the applicant isn't here. Is there anyone who would like to comment on this application? Okay. Would Council like to comment on this application? It's very rare we don't have an applicant in front of us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close PFP 07-001 Public Hearing. Zaremba: Second. De Weerd: Okay. We have a motion and a second to close the Public Hearing. All those in favor say aye. Anyopposed? Okay. I didn't hear all ayes, so -- Rountree: I'm still thinking about it. De Weerd: Okay. Aye? Rountree: I'm opposed. De Weerd: Okay. Three ayes, one opposed, for the record. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Well, I guess, you know, I think that -- have we heard anything from the applicant that they agreed with staff comments? Meridian City Council June 26, 2007 Page 30 of 70 Canning: "II have to check the file. Mr. Hood informed me that there had been discussion about fencing requirements. So, let me check the file quickly and see if there is any correspondence from the applicant. De Weerd: Mr. Berg? Berg: Madam Mayor, my staff did contact Greg Walker on Monday and e-mailed their packet to them. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess my objection to the Public Hearing is without the applicant here -- I guess if he's not interested enough to tell us about his project, I'm not interested enough to do much with it at this point personally. De Weerd: As far as he can't even say he agrees or-- Rountree: We don't know if he agrees with the fencing requirements, so -- I suspect he does, but I'm not going to say. De Weerd: Well, we could always put wrought iron and -- Rountree: Get his attention. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't disagree with Councilman Rountree. I think he brings up a good point and I wouldn't be opposed to reopening the Public Hearing and setting it out a few weeks to get him in here. De Weerd: Okay. Well, if there is no other discussion, do I have a motion, then? Rountree: Madam Mayor, I move that we reopen the Public Hearing for Item 12 and schedule it for July 10th. Borton: Second. Rountree: Or continue it until July 10th. Meridian City Council June 26. 2007 Page 31 of 70 De Weerd: I have a motion and a second, but I guess -- and those kind of motions don't have discussion, but I would like to, before we vote on it, ask the clerk what the 10th is starting to look like. Berg: Madam Mayor, the president has a copy of the agenda. Just a reminder that July 10th is the City Council meeting prior to the all day July 11 th budget workshop. De Weerd: It looks very light. Rountree: I don't see that item taking a lot of time. De Weerd: Thank you, Mr. Berg. Okay. We have a motion to continue this -- to reopen and continue this to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No.2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: De Weerd: Item 13 is Public Hearing on PFP 07-002. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is also a combined preliminary and final plat application and we do have the applicant in the audience. The project is located at 1960 North Lakes Place, Lot 4, Block 1, Devon Park Subdivision No.2, which you see is a larger site. It's currently zoned R-15. The applicant is proposing to subdivide Lot 4, Block 1, into two new lots for Devon Park North. The proposed lot sizes are approximately 3.25 acres and 1.39 acres. The parcel on the lot -- future lot on the west side is currently developed and I believe that one on the east is not. I hope I got that right. We didn't have an opportunity to get -- take pictures of the existing building. However, this is still subject to all the previous approvals for Devon Park that we have seen over the years, which includes some elevations that have been provided for the planned development Conditional Use Permit. The Commission recommended approval at their May 17th, 2007, Public Hearing. Linda Hines spoke in favor of the application. She was the applicant's representative for that evening. No one spoke in opposition, no one commented, nor did anyone provide written testimony. The key issues of discussion by the Commission was what has already been constructed on the site to date and that's the Alzheimer's units and assisted living facility. There were no Commission changes to staff's initial recommendation and to our knowledge there are no outstanding issues before City Council. With that I will answer any questions Council may have. Meridian City Council June 26, 2007 Page 32 of 70 De Weerd: Anna, this is in the back end of Fairview Lakes? Canning: Yes, ma'am. De Weerd: Council, any questions? Bird: I have none. De Weerd: Is the applicant-- Bird: Yeah, he's here. De Weerd: Thank you for showing up. Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura. I'm the developer out at Fairview Lakes and I've got only one -- you know, we concur with staffs Findings of Fact. The only clarification I'd like to make is -- Anna, could you put up the -- our site plan or the aerial, either one? Well -- yeah. Put up the one that shows the Alzheimer's. On the analysis under the multi-use pathway, they talked about continuing the pathway from this point to this point. What we had done is we had worked out an easement with Fairview Terrace Estates, the mobile home park. Jackson Drain originally ran through here diagonally and it cuts right through the corner of Fairview Lakes Estates, so they weren't able to develop this one corner, so we worked out an easement with them and the ten foot pedestrian path goes up here, angles across the back of that Jackson Drain and it ties into the pedestrian path of that new subdivision just north of Fairview Terrace. So, you know, I think it's maybe an oversight by staff, but we have got a continuous pathway. You know, one of the things we highly support the city's pathway system and, you know, the good thing is the neighborhoods are using it to come to our facilities, so we really appreciate it. I'm just here to answer questions. So, I guess the one thing I'd like to have changed is on item 5.1, the parks requirements, that that be deleted, since the pathway has been installed. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Tamura: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Anything further from staff? Meridian City Council June 26, 2007 Page 33 of 70 Canning: Yes, ma'am. I believe this was discussed before, because I see some clarification made to that condition. I will enlarge it for you. It now states: The applicant should construct the remaining pathway to terminate at the northwest corner of the site. The applicant should contact the Meridian Parks and Recreation Department to coordinate the dedication of the remaining portion of the multi-use pathway. So, to my knowledge it's not -- what that indicates is that it's not completely constructed yet and that we are missing a portion of that pathway. If the full pathway is in, then, the applicant has fulfilled that condition and there is no need -- it won't hold them up at all. But I believe a portion of it is missing. De Weerd: And that would be determined on site inspection? Canning: Yes, ma'am. De Weerd: Okay. Okay. Council, questions for staff? Does the applicant have any further comment? Tamura: Madam Mayor, Members of the Council, yeah. The pedestrian pathway has been completed, so -- so, you know, just leave the condition, however it works for staff. De Weerd: Okay. Thank you. Okay. Council, if you have no additional need for discussion or information, I would entertain a motion to close Item 13. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 13, Public Hearing PFP 07-002. Bird: Second. De Weerd: Okay. I have a motion to close Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we approve Item 13 for preliminary and final flat of Devon Park North. Bird: Second. Meridian City Council June 26, 2007 Page 34 of 70 De Weerd: I have a motion and a second to approve Item 13. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: RZ 07-007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbraat ProDertv by Maria Vanbragt - 305 W. Broadway Avenue: De Weerd: Item 14 is a Public Hearing on RZ 07-007. I will open this item with staff comments. Canning: Thank you, ma'am. This is the Vanbragt Project. It's located at 305 West Broadway Avenue on the southwest corner of West 3rd Street and Broadway. The application before you tonight is a rezone from I-L, light industrial, to aT, Old Town. The applicant is requesting the subject property be rezoned, so the existing single family dwelling can be considered a conforming use in the zone and you have seen a number of these in this area. Somehow this area got zoned I-L in the past and we are incrementally doing these Old Town rezones until we can have some residential guidelines in place and, then, we will -- we will talk to those residents -- those folks that own homes in the area and try and do a full on Old Town rezone for all of them. But, in the meantime, we have been seeing a number of these kind of piecemeal rezones. The property is designated Old Town on the Comprehensive Plan. So, it is the appropriate zoning category for the property. I have some -- here is the aerial. You will see it's fairly close the railroad. And we have some photos of the existing home. The Commission recommended approval at their May 17th, 2007, Public Hearing. Marie Vanbragt spoke in favor of the application. No one spoke in opposition. No one commented. Nor did anyone provide written testimony. Key issues of discussion -- there were none. And nor were there any changes to staff's initial recommendation. There is one outstanding issue for City Council and the applicant is requesting this one so that they can get financing on the home, so that -- because it's a conforming use and what they would like to do is convert an existing carport, which you can see in the photo. I'm sorry. That didn't work. You can see in the photo on -- here is the carport. And they want to convert it into a kitchen. Here is the carport on this one here. And they would like to remodel it into the kitchen. Well, by strict interpretation of the downtown design guidelines, any new construction -- so, that would mean the remodel of the carport -- needs to be consist with the downtown design guidelines and we have discussed this before, that those downtown design guidelines are not really intended for residential structures, they are intended for retail commercial, multi-story structures, so they don't fit a remodel like this. They don't accommodate it. This is the most minimal Meridian City Council June 26, 2007 Page 35 of 70 amount of square footage I have seen come through on one of these requests. What I would like to see Council be able to do is to -- with a development agreement, say to the Vanbragts that this is -- we will consider this a grandfathered use, they don't have to provide the two car garage, the 20-by-20 parking pad, or meet the design guidelines. This is, really, a minimal improvement of this property to enclose the carport and convert it to a kitchen. So, I am hoping that that's what Council feels that they can do with this application and I did run it by the attorneys, they were comfortable with allowing that as kind of a grandfathered or a nonconforming use at this time. If they were to develop the property further, or into a commercial or retail use, then, obviously, it would be the appropriate time to look for it to be consistent with the downtown design guidelines. So, with that I will answer any questions Council may have. Rountree: Madam Mayor? De Weerd: Thank you. Yes, Mr. Rountree. Rountree: For Anna, is there sufficient off-street parking in front of the carport or at least a space for a vehicle? Canning: The applicant may need to address that. Rountree: Okay. Canning: I'm not sure. They live on a corner property, so there is a lot of on-street parking available. I'm not sure how much off-street there is available. Rountree: Okay. Thank you. De Weerd: Okay. Anything further for staff? Is the applicant here? Vanbragt: My name is Maria Vanbragt and at 305 West Broadway and what we were planning to do, like Anna said, was convert or rebuild the carport and make a kitchen out of it. So, what you basically would see on the side of the house, an extension of the one wall and the roof top coming -- an extension of the roof top. So, as you can -- see here, the roof will be coming out as far as the carport is and, then, the wall on the -- side will be coming out here. With, of course, a door and a window in there. We do like to look out, too. But that is, basically, the changes, what we make on the home. So, what you were asking about why I came, at the moment inside our -- of the property we do have our two cars, so there is parking enough inside that we don't have to use outside parking. Rountree: Very good. Thank you. De Weerd: Very good. Any other questions from Council? Thank you. Meridian City Council June 26. 2007 Page 36 of 70 Vanbragt: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Enough said, uh? Okay. Council, any further information needed? Rountree: No. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to pick up on basically the last sentence that Director Canning said. In the development agreement is it possible to have a statement that says if the use changes -- I'm very comfortable with what they are trying to do for now, but the development agreement would include, essentially, what you said, that if the use changes, then, they do have to meet the Old Town design guidelines. Canning: Yes, sir, that would be appropriate. Madam Mayor, Members of the Council, I have to confess I'm a little disappointed with the applicant. We encouraged her to greet you in her native tongue, but she -- De Weerd: What an evening. What is evening? Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, I already made note as to all of those conditions, including that last one, that would be included as part of the development agreement. Zaremba: Thank you. De Weerd: I'm glad that's all you're disappointed in. Okay. Anything further from Council? Rountree: I have none. De Weerd: Okay. Do I have a motion to close? Meridian City Council June 26, 2007 Page 37 of 70 Rountree: Madam Mayor, I move that we close the Public Hearing on Item 14. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Do I have a motion? Rountree: Madam Mayor, I move that we approve Item 14, RZ 07-007 for the rezone and have a development agreement that indicates that the carport conversion to a kitchen is a minimal improvement with respect to the property and considered a grandfathering of that activity. And further stipulate that the comments made by city attorneys would be included in the DA. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you with the amendment as stated. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C-G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: De Weerd: Motion approved and the application approved. Thank you for joining us. De Weerd: Okay. Item 15 is a Public Hearing on AZ 07-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Zamzows Overland project. It's located at the northwest corner of Overland Road and Jade Avenue. The applications include annexation and zoning and design review. Approval of this project would allow the applicant to construct a 13,334 square foot retail facility. About 5,000 square feet would be leased space. And that's on the east side of -- west side of the property, as shown by these dotted lines and spaces there. Staff is recommending a development agreement with the annexation and that would include the following kind of unusual provisions or site specific. The site shall comply with all of the design standards listed in the UDC, including a continuous internal pedestrian walkway from Meridian City Council June 26, 2007 Page 38 of 70 the -- that's eight feet in width and provided from the main building entrance from the perimeter sidewalk along Overland Road and from the west property boundary for future connection to a planned sidewalk and street adjacent to the west property line. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through use of pavers, colored or scored concrete or brick. Also, that the detailed site plan -- and I -- it's before you now. And building elevations submitted within a CUP and/or CZC application for the site, shall substantially comply with the conceptual site plan in building elevations submitted to the city. I'll show you those building elevations. And that direct access to the site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connections to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan. Let me give you a little background on that. This is the site and, then, it is -- Silverstone Way is planned to be extended just on the west property boundary. So, that's what that's talking about. It will go into this larger piece of property. And, finally, at the time -- or two more things. At the time of CUP and/or CZC approval, a ten-foot wide multi-use pathway will be required on the property, subject to adoption of the pathways master plan. And, finally, the applicant shall install security cameras near the entrance of the development. I did want to talk about the Comprehensive Plan just for a moment. I don't have that slide before you, but this property is currently shown as low density residential immediately to the -- to the west it is shown as mixed use regional. We feel that the -- there is that statement in the Comprehensive Plan that says that you will evaluate the appropriate zoning on a case-by-case basis. This is one of those cases where we feel it's appropriate to kind of bump the designation over for several different reasons. One, it is located on the corner of the property, which makes it a good access point. Immediately to the north boundary of the property is a flood plane, a creek with a flood plane. So, it's really segregated from the rest of the residential properties by both Jade Avenue and the flood plane. Those are the primary reasons. There is additional reasons located or detailed out in the Comp -- in the staff report. The Commission recommended approval at their May 17th, 2007, Public Hearing. Darin Eisenbarth, the president of Zamzows, and Doug Zamzow, the general -- or, sorry, construction manager, both spoke in favor of the application. No one spoke in opposition. No one commented, nor did anyone provide written testimony. Key issues of discussion by the Commission were the visibility of the site from Overland Road. And the key Commission changes to staff recommendation is they did add the requirement and the development agreement for the application to install security cameras near the entrance of the development. The outstanding issues as listed before you tonight don't relate to the project, as much as they do to a letter sent in by the applicant regarding processing future applications on this project. I think -- I know you all received that letter kind of requesting an expedited review process for the building permit. There were some things we felt we could do and some we couldn't. I'm going to go through those now. The applicant has requested that the city accept a certificate of zoning compliance the day after Council approves the associated ordinance and development agreement. I think they meet tomorrow. Should the Council act in favor of this application. I believe Meridian City Council June 26, 2007 Page 39 of 70 they meet tomorrow. Typically, the planning department will not accept a CZC until after the ordinance is published in the newspaper, making that zone -- that annexation and zoning official. Staff does offer to accept the CZC application anytime after the Council hearing tonight on the annexation and prior to adoption of the annexation ordinance and development agreement. So, if they would like to get their CZC application in -- again, depending on a favorable outcome by Council tonight, staff would gladly accept that and work on that. The caveat would be that we cannot issue it until that ordinance is published. The next question -- or next item that they hoped for was issuance of the CZC by the planning department within one week of receipt of the application. Again, we are happy to accept that application earlier than we normally do. It will take us five to seven days to get it reviewed. So, as long as they submit it five to seven days before it gets published in the paper, we feel that that -- we can meet that time line. The third item was city acceptance of the building permit application and associated documents the day after Council approves the rezone ordinance -- or the annexation ordinance and development agreement and start review of the application immediately. This is where we felt we couldn't be as accommodating. Typically, the building permit applications are not accepted by the building department until a CZC is issued by the planning department. Staff believes that this request is unfair to those applicants already in the system. Further, staff has experienced that it's not appropriate, nor is it in the best interest of the applicant or the city to process the CZC and the building permit concurrently. We just run into problems. The reason we do it sequentially is to cut down on the number of problems for the applicant and for the city. So, we feel it's more appropriate to go ahead and wait until the CZC is done and, then, submit it to the building department. And the building department does have a cue for their projects, but we would try and get it into that cue as quickly as possible -- out of the planning department and into that cue as quickly as possible. The final one was issuance of an early start foundation permit by the building department within one week of building permit application submittal, contingent upon there being no major design engineering or detailing issues associated with the work authorized by the foundation permit. Typically, early start foundation permits are issued within ten working days after receipt of the building permit application. So, they can -- we suggested that they contact Brent Bjornson to request a shorter time line. They can submit a separate -- my understanding is they can submit a separate building permit application just for the foundation only. And that does not -- I'm not sure if the CZC is required with that, but Len will comment on that one. Grady: Madam Mayor, Members of the Council, on occasion we do allow a foundation only permit in a case where it's already -- there is already an existing parcel there and they could go in and apply for a building permit anyway, in those particular cases we do allow for foundation only permit. So, we can show some flexibility in the building department there, provided they meet with all of the planning and -- all of their requirements. Does that make sense? Meridian City Council June 26, 2007 Page 40 of 70 Canning: That was the end of the outstanding issues I had. Again, they are not associated with the project. I think we have worked with the applicant to really -- we worked a lot on the -- the design of the structure, so that it met the standards of the -- our design standards that we do have. Justin Lucas worked with the applicant on that before leaving the department. So, I think that we came up with some good -- or the applicant came up with some good solutions to meet what we needed from them and I know there is still some discussion about the retail space, but I believe that was worked out at the Planning and Zoning Commission and the only thing that the police department was looking for was some surveillance, because -- because the project -- because we requested -- it's a little bit of a circular argument that police wanted some eyes back there, because the activity is not on the front of the building, it's kind of tucked behind. So, with that I'll answer any questions Council and Mayor may have. De Weerd: Council, any questions? Rountree: I have none at this time. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: There is actually one additional. You have talked about the letter where they asked for some accelerated processing. There actually was a second letter with the same date and identical first paragraph or two, which may not have been noticed to be a second letter, where they asked to be addressed with an Overland address, even though there is no access to Overland, and I guess I would ask police and fire -- I can understand -- certainly understand their desire to do that. It makes their business more locatable for the general public -- Canning: Thank you, Councilmember Zaremba -- Zaremba: -- but I guess I would ask police and fire if they can do that. Canning: Thank you. I had forgotten to address that issue. Nary: Madam Mayor? De Weerd: I think let's have the applicant present their project and address that during their testimony. Thank you. Then, if we need further comment, we will -- Zaremba: Thank you. Meridian City Council June 26, 2007 Page 41 of 70 Eisenbarth: Madam Mayor and Members of the Council, my name is Darin Eisenbarth. My address is 307 Winter Boulevard in Nampa, Idaho. This project is our ninth store. It will be our second one in Nampa -- or I mean in Meridian, with your approval. Rountree: Be careful. Eisenbarth: Very close to -- it's very close to -- in design to our store that we just opened in Nampa. De Weerd: It will actually be the third. Eisenbarth: Oh, with the -- counting -- De Weerd: We count the Chinden store as ours, too. Eisenbarth: Oh. Well, hopefully -- hopefully it will be. De Weerd: But -- and I am counting. Eisenbarth: So, it will be our third. And we have actually been a member of the Meridian Community since the early '50s when we purchased the mill and we are excited about this project and I wanted to first say thank you to the planning department for working with us. We think they have been very accommodating. It's been -- it's been a long process getting it all done and, I apologize, I'm not a professional developer, so probably didn't do them a lot of help. But they have been very accommodating to us through the whole process. So, we are excited, we think it meets well with the property itself. We have addressed the flood plane issues that are on the back of the property. The requirements to the front. We are very much looking forward to Silverstone Road going through and offering a second access into the property. In this process we met with all of the neighbors, all of the members of the subdivision there and kind of got the ball rolling. They actually didn't have -- they hadn't met with their neighborhood association in 15 years I think and so we kind of all got them together and held a series of meetings and since that point I think a lot of the other neighbors are getting together and looking to sell and develop their properties over there as well. So, we think it fits -- it fits well. The Overland address has been approved for us and we received that notification on that. I'm not sure of the whole process, but we did receive that from -- so other than that, we are excited to get going and the reason for expediting is that we are trying to get this project underway before fall, so that we can get -- can get the building enclosed before the weather hits. We hope to open -- with your approval we hope to open the store in January. De Weerd: Council, any questions for the applicant? Bird: I have none. Meridian City Council June 26, 2007 Page 42 of 70 Rountree: Madam Mayor, I guess -- you have heard staff's comments to some of the specifics you have asked in terms of expediting the project by letter, not necessarily this application. Having heard those, are you in general agreement with the response you received? Eisenbarth: Yes, we are. Rountree: Okay. Thank you. Eisenbarth: We sure are. De Weerd: Okay. Staff? Grady: Madam Mayor, Members of the Council, I guess I'm a little confused. I didn't think the Overland address had been approved. The -- all of the correspondence that I have say no. So, I'm not sure where the approval came from. Bird: Madam Mayor, can I ask a dumb question? De Weerd: Yes. It won't be the first time. Bird: I know. Who had approved it? Grady: And that's my concern is I know that -- Bird: Maybe Mr. Eisenbarth can -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, there is a letter from Doug Zamzow that was from I think -- I think it's May 29th, requesting the address change. In reviewing our city ordinance, the city is the one who issues the address and it's based on the city code and it attempts to be in line with the -- the countywide emergency system. The city code is written rather poorly and -- because I didn't write this particular section of the code -- from 1974. I think Mr. Fitzgerald might have written this section of the code back then. But it allows for both the -- of granting of a variance by the Council, as well as an appeal. Now, I couldn't tell from the documents or the information -- and Mrs. Canning might be able to shed some light at the planning and zoning level at the Commission if they even discussed this. It appears they did not. But the city does issue the address based upon the emergency management system that we have in Ada County, because it has to not only comply with the needs of the City of Meridian, but as Meridian City Council June 26, 2007 Page 43 of 70 well as Ada County dispatch, Ada County emergency medical program, as well as other agencies, fire services, police services, and the like. What I had told Mr. Zamzow is that based on our ordinance, to be fair, since there seems to be some poorly worded language in here, to be fair they can address the Council and ask this question regarding whether or not they -- the Council would authorize a variance from the ordinance and that's based on, again, some very fuzzy language that's in here, but it appears the Council has that authority. A couple of days ago Ms. Glenn, who heads up that section of Public Works that deals with addressing sent me an e-mail saying that they had reviewed, based on Mr. Zamzow's information that was provided about other addresses in the city and they may be able to provide some oral testimony about that there are other addresses that comply with what they are requesting and that they may or may not -- the Public Works Department might not have an objection and may consider it to be sufficient. Again, that's -- I got one e-mail and nothing else. I did recommend that she contact the police and fire department. I don't know if they have been contacted or not. And, again, Mr. Zamzow may have more information, as well as Chief Anderson or Lieutenant Overton. But that's, basically, where the addressing issue is. Your ordinance does give you some authority in which to grant an exception to the addressing requirement if you wish. And this seemed to be the most appropriate time, especially with all the time constraints that they have to be able to address it now. Eisenbarth: Madam Mayor, Members of the Council, I apologize, we were actually given an address. I mean we actually have an address now. So, I'm kind of caught on my heels here. So, if I could let Doug address that and I apologize for trying to mislead anybody. I'm a little bit confused myself. De Weerd: No. That's fine. We will ask Doug to comment. Eisenbarth: Okay. De Weerd: Thank you. Eisenbarth: Thank you. De Weerd: If you can, please, state your name and address for the record. Zamzow: Yes, ma'am. My name is Doug Zamzow. I reside at 415 Schmeizer Lane in Boise, Idaho. De Weerd: Thank you. Zamzow: And J'm construction manager for Zamzows. Since we left off with Darin on the address issue, I wanted to find my documents here. I can provide the original to the Mayor. Meridian City Council June 26, 2007 Page 44 of 70 De Weerd: Thank you. Zamzow: So, I thought it was a done deal. I thought it had run its course through the process when we received that notice from the addressing specialist last week. So, we can continue that dialogue or I have got a few other things I'd like to comment on. De Weerd: Go ahead and why don't you continue to comment while the City Clerk copies your letter. Thank you. Zamzow: I wanted to add that hasn't been brought up yet today, but we are working closely with Bill Johnson, the Deputy Fire Chief, I think that's his title, to donate the three homes and outbuildings that are on the property to the City of Meridian for fire training use. Hopefully that will occur in late July, early August. It is our intent for the Director -- Planning Director, if all goes well, I will have the Certificate of Zoning Compliance application complete and submitted by the end of the day tomorrow. Per their offer. I'm taking them up on it. I would like a clarification on the multi-use pathway. In the staff report it was mentioned I think three times -- in one place it said most likely will be required, in another place it said it may be required, in another place it said it will be required and after seeing the earlier presentation on the pathway, I don't know what to expect, where it will be or when it will be, so I guess I'm asking for clarification if it's a for sure will be or most likely or may be. De Weerd: Was it a dotted line? Zamzow: No, but it was green. Bird: If it's green, then, it will be. De Weerd: It will be. Rountree: It will be. Zamzow: No, I haven't even seen it on our particular site, so I don't know where it will run. Rountree: Probably isn't. Zamzow: So, haven't -- go ahead, Anna. It's not in the city. Canning: Madam Mayor, Members of the Council, there has been a pathway shown on that creek for years and the new pathways plan continues that pathway. And it wasn't changed to a dotted line tonight. Rountree: So that is a requirement. Meridian City Council June 26, 2007 Page 45 of 70 Canning: It will be required, yes. Bird: Yes. De Weerd: Will be. So, you just got clarification on the may, will be, will be. Zamzow: Well, I hope it fits with our site plan. De Weerd: Anna, was that part of the site plan evaluation? Canning: Madam Mayor, Members of the Council, I believe it's an outstanding issue for the site plan is that it needs to be incorporated into that site plan. I do not see a ten foot pathway. De Weerd: Okay. Zamzow: Could I ask for another clarification on that, please? De Weerd: Yes, sir. Zamzow: Can it be in the flood way? Rountree: Let Len answer that. De Weerd: We like to ask questions of our directors that are in other discussion. Can the pathway be in the flood way. Grady: Provided it does not impact the flood way, cause an extra rise. He'll need a flood way permit, but yes. De Weerd: So, yes, it can, as long as it doesn't change the flood way path topography. Zamzow: And, then, last, but not least, Zamzows is asking to try to move forward with some improvements at the Chinden property and I heard your comment, Madam Mayor, so I might ask for a little help on that. It's not in the Meridian -- the City of Meridian -- De Weerd: I know. It's in our area of impact. Zamzow: So, we can't move forward without getting into the city. So, I will ask for some help. De Weerd: So, we will see an application, uh? Meridian City Council June 26, 2007 Page 46 of 70 Zamzow: I'm not even sure how to start, because without water and sewer I can't start an application process. De Weerd: These two over here in Planning and Public Works are the ideal people to start with. Zamzow: That's why I thought I would bring it up. Canning: Madam Mayor, if I might say one thing to the applicant. If you are considering putting the pathway in the flood way, we'd have to get that permit taken care of before you submitted the CZC, so that we knew that that was going to work, so you're going to have -- I don't think you're going to get it in tomorrow if you put that -- just letting you know. Zamzow: Okay. Rountree: Madam Mayor, I guess a question for Anna or Len and Mr. Zamzow hasn't asked is who does he submit that application to. Public Works? Grady: Madam Mayor, Members of the Council, yes, it would be Public Works. The building department can take care of that for you. De Weerd: Okay. Zamzow: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council -- or, Chief, did you have a comment that you wanted to make? Anderson: Well, I guess just wanted to comment on the address deal. I guess Len and I and John are all kind of stunned how the address ended up being Overland, because we have had discussions and our policy is pretty clear that we address buildings by the street that they take their access from and it's very confusing for the emergency responders, police, fire, EMS, when a building has an address and you can't get to it from that road. It's kind of like you can't get to it from here. And we have got a lot of businesses that are around town -- I mean they front the interstate and the interstate's a very well known interstate, but they don't have interstate addresses, obviously. And we have several examples and usually a business does want an address that's well known, but it doesn't make sense from an emergency response standpoint to give it an address when you can't get to it from there and so our policy has been the last couple years that I have been here and we are trying to be consistent with that, that you will address from where you get your access. And a good example is the Cottages out on Ten Mile, they requested a Ten Mile address, because that was much better known, but you can't get Meridian City Council June 26, 2007 Page 47 of 70 to the cottages from Ten Mile, you have to go into Bridgetower and, then, take another right and I don't know the name of that road, but that's the address that they had to have because of that. And so we would urge you to be consistent with that, because there are a number of places around town that will -- that will have a considerable amount of confusion for the first responders if you start letting the applicants pick their addresses. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess I would echo the same comments that the Chief just made, because I have had a number of folks come and they have all been residential, not commercial, but they have had the same issue, where they wanted a different address based on either historical reasons or something else and the city at least in the last couple of years has been consistently applying that same standard for that very same reason. On this particular one I have no idea -- as I said, I have got an e-mail from Ms. Glenn the other day that said -- I guess it was last week -- asking if I had an objection to them changing it and I thought my concern it's more a police and fire and I recommended she contact the police and fire department before she did that. She sent me back a response saying she had and I never heard it again. So, I have no idea who she spoke with or what their response was. What I was informed of is that there are other addresses in town in the same situation. I think what the chief is alluding to is we are trying to get away from that. I don't know how recent those addresses were issued to those businesses, but you may recall about a year ago we had a project that now fronts Locust Grove on a new road section that was built and it's a business -- industrial business on that street. When it was built -- when it came in front of you, they asked to have a Locust Grove address and this Council denied it, because Locust Grove at that point didn't exist. We required that the address be fronted on the street that was the access to the business. The Council at that time indicated that if in the future it changed because of Locust Grove being installed, then, they could come back and ask for a change. But until then that was the policy and the direction of this Council. So, I guess I'd echo the chiefs concern. I don't know the reason that the address was changed in mid stream of this process and I don't know what the police or fire department's responses were, because I haven't see those. But I do think it can be a concern, because it isn't -- it isn't just our emergency services that have to find it, it's other agencies that don't know our streets, don't know the locations of buildings or businesses, that are coming from Boise as a responder or coming from Eagle or Kuna to respond to an incident that would make it problematic. That's it. De Weerd: Thank you. Well, now we know why -- of the importance of the elevation. Anyone can find you. Grady: Madam Mayor? Meridian City Council June 26, 2007 Page 48 of 70 De Weerd: Yes. Grady: I have got a few comments and, then, the Police Chief wants to talk. Promoted him. Sorry. De Weerd: Boy, you have gotten several promotions tonight. Grady: This form -- I'm not used to seeing it. It says it's been verified as being valid, but I'm used to seeing a list of approvals from the street name committee. But at best it is misleading. It certainly would indicate to someone that that is the address, but what I'd like to do is be able to coordinate with Karie Glenn and just confirm what the intention of this form was. Unfortunately, I have been caught off guard here. De Weerd: I think for the applicant, though, if it's appropriate for Council to discuss this and if they have an issue with having the Overland address, they probably need to -- to have that discussion. Lieutenant. Sorry. I mean I could call you Captain, Chief, or whatever, but -- Overton: Madam Mayor -- as long as it's polite, Madam Mayor. I appreciate it. Madam Mayor, Members of the Council, I was at the comments meeting when the restriction was placed by Deputy Chief Silva and Karie that it be accessed and addressed off of Jade Street, not off of Overland Road, and that was the best of my knowledge. No one has contacted me and I was the police representative at that comments meeting. So, I'm a little shocked to see that this was now coming up as Overland Road. The fact, again -- and I know it's been reiterated, is we do have some that are done off of the roads that they are not accessed, but that's what we are trying to get away from. We are not trying to allow any others to do that, because they are bad examples, we are trying to set a consistent route for the future for public safety and we want to ignore the fact that it was done wrong before and move forward on a consistent manner and that's what we did in the comments meeting and I don't know where this thing took a left turn. But it certainly wasn't at that first meeting. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to add to the confusion. De Weerd: Thank you. Rountree: This is not a new item to me. And we -- I have had this discussion with Public Works and I fully appreciate the consistency in addressing for emergency response, but I can also appreciate those people that front arterials that, essentially, give up an access point that they mayor may not have associated with their property Meridian City Council June 26, 2007 Page 49 of 70 and for the good of the community and, quite honestly, in this situation I see Jade Street and I see a future other street that it could be addressed off as well, but it's not there, but it could just as well be a cross-access agreement in a parking lot that they would have to turn into and get to this point -- get to this location. So, I can see the logic there when you're fronting and your advertising is right on the street. The real issue is that we have a really crummy ordinance and we have the opportunity for interpretation and reinterpretation of the ordinance. So, I guess my suggestion is we will have to work through this one because of the information that's been transmitted, but I think we need to get on top of our ordinance and get clear direction for staff, so we all can sing the same song, whatever that's going to be. Borton: Madam Mayor? De Weerd: Yes. Borton: I do understand the concerns from my perspective that it is maybe too easy and at all times and in all instances the address is placed from the point of access and that's imposed consistently across the board without exception. My comment to the ordinance would be that it's consistent and future applicants always know -- how to apply it in this case, I think Councilman Rountree's comments are right on the money with regard that the applicant's give up access to -- you know, for the betterment of the city, but I don't think I could ever handle a case-by-case interpretation of when that rule should be applied, when it should be applied. I'm comfortable across the board at all times. That's the point of access being the entrance. And correcting the one in this case. De Weerd: Lieutenant. Overton: Madam Mayor, Members of the Council, just one last point. I realize fully that Zamzows is going to be visible from Overland Road and I'm sure they are going to have a sign program that will be appropriate so it will be visible. But you have got four businesses that are going to be just to the west of that building, which are not going to have big monument signs sitting off the edge of Overland Road that are going to be addressed off Overland Road if we allow this. And those are going to be difficult ones for us to find. Where if they are off Jade we know exactly where Jade is. Rountree: Point well taken. Zaremba: I wonder if there might be a future desire to address it off Silverstone, because that's also going to be a more well known street. And, again, the same problem with Locust Grove, we can't do it today, because the street's not there. But it might make sense to leave that option open to readdress it to Silverstone. Bird: Madam Mayor? Meridian City Council June 26, 2007 Page 50 of 70 De Weerd: Mr. Bird. Bird: You've got a whole bunch of Silverstone entrance businesses with Overland addresses, so I mean, you know, this is something that we -- as Councilman Rountree said, we got to get this ordinance where it isn't so wishy washy. I have questions -- if I'm from Boise and I come over for a mutual aid agreement and they tell me Jade, I'm not sure I know where Jade is in Meridian. I do know where East or West Overland is. So, I think there is two sides to it and right now I think you have to go on per application, but as Councilman Rountree said, we have to get that ordinance changed, so that we don't have to go on -- and so the applicants understand, too. So, I don't know -- you have a lot of -- you have a lot of Overland addresses out in that -- on that corner on both sides that don't have an entrance off of Overland Road. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, if it would be of any assistance, what the standard that's in this ordinance that you have to consider and if you -- if this is the finding you want to make, then, you may want to include that in your findings. It says that to grant this exception that the Council must find there is an extraordinary hardship and that a substantial justice is done by granting the exception and that the public interest is secured. So, it's a pretty broad statement and that gives you that discretion, but if you're going to make that finding, then, I would at least recommend that you articulate how it fits into what that ordinance requires. We can certainly look at future ordinances and Councilmember Bird is correct in certain circumstances there are sign programs that one facility has a street access address that all the buildings within it don't necessarily face the street, but the access is still on the main roadway that it's addressed from and that's just a concern I think from a public safety standpoint. De Weerd: Now that everything is clear as mud, I guess we have two items to really discuss and that would be, first, the application in front of you and, second, the appropriate street address. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I ask about maybe a third and question for Anna. Back to the pathway location and the flood way approval, until we have that determination, we don't really have a concrete site plan, are we still behind a couple steps to be able to know what exactly this is going to look like? Canning: Madam Mayor, Council President Borton, I did a quick conference with Mr. Grady after that. Apparently those -- those permits are not as difficult to get as I had Meridian City Council June 26, 2007 Page 51 of 70 thought, because there is no vertical construction I think it's going to be fairly easy for him to locate that within flood way there. So, he will have sufficient area to accommodate that on a site plan. I went ahead and told him that he could submit that CZC. He already has an application in for the flood plane and flood way permit, so he should be getting those soon. So, I misunderstood at first, but I'm comfortable moving forward. Borton: Okay. Thank you. De Weerd: Okay. Any additional questions from Council before I ask the applicant for closing remarks? Bird: I have none. Rountree: I have none. De Weerd: Does the applicant have closing remarks? Eisenbarth: Madam Mayor, Members of the Council, it's not our desire to create any public hazard. The properties themselves -- and granted, this is a rezone and I don't know how this works, but we did have two Overland addresses and to develop their property the way that the city wants, we give up that access that we already have, those cuts, you know, whether those would go away or not -- we give up two Overland addresses and develop the property the way it wants and, then, we lose that location to the public and I can understand if this was a house, if theirs was a -- you know, we had to come in way off of Jade and come back around on another street just because we found -- we do own the whole property, we will sign it to the street, and I think it will be very visible from there and I can understand if this was a residential house, if you entered from a subdivision through three other streets to come in, but the property itself does -- did originally have two Overland addresses there, so -- De Weerd: Any questions from Council? Bird: I have none. De Weerd: None? Eisenbarth: Thank you. De Weerd: Thank you. Okay. Council, if there is no -- Zaremba: Just a comment, Madam Mayor. I don't know how helpful this is, but I'm predisposed to anybody that names their company a family name as far back in the alphabet as mine -- almost as far back in the alphabet as mine, people don't know how Meridian City Council June 26, 2007 Page 52 of 70 we suffer and I just want to say I'm predisposed to give them anything they want. I don't know if that means that I should recuse myself, because I don't really benefit from it, but there is an emotional impact. De Weerd: Well, just think if you have a 0 and a W, they never know where to look for your name. So, at least they only look in one spot for yours. Okay. Any other comments, Council? Do I have a motion to close the Public Hearing? Yes, sir. Zamzow: Doug Zamzow, 415 Schmeizer Lane. May I request that, if possible, that you approve per the recommendations of staff and that the outstanding challenge on the address be handled later, so that we can stay with the process of the certificate of zoning compliance, the development agreement, the ordinance, et cetera, please. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, in support of that comment, I read the letter that they did receive from the City of Meridian. They received one address. Overland Road. Suite numbers to be assigned later on. Well, that might mean that -- something to -- that might mean something to these folks different than what it really means and what it means is they are going to have an address on Overland Road and they are going to have to become the mail person for the other four tenants, because the post office will not deliver to a suite number at that address. So, I guess those other addresses there could be addressed off of Jade, theoretically. Which would further confuse the whole deal. So, it is kind of messy and, I don't know, I don't disagree that we need to -- we need to address the issue, but I don't know that it should necessarily compromise moving forward with the project. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean I guess to follow up on Mr. Zamzow's comment. The second section of this city code -- and I guess the problem is it's got conflicting information, but an appeal of this decision by the Council can be had by any person, which includes staff, within ten days. So, if it is an issue from a public safety standpoint, you can take action on the underlying application tonight, as well as the zoning request and as Councilmember Rountree stated, right at the moment, at least the information we have, is the city has issued them an address on Overland Road. If there is an objection to be had by the fire department or the police department, they have the ability to appeal that, but the process can still continue. So, you can do as Mr. Zamzow requests and move this forward and if that issue of addressing is truly an issue that needs to come back in front of you, there is a mechanism to do that. Rountree: Thanks, Bill. Meridian City Council June 26, 2007 Page 53 of 70 De Weerd: Thank you. Okay. If there is no further information needed, I would entertain a motion to close the Public Hearing. Zaremba: Madam Mayor, I move we close the Public Hearing on AZ 07-008, Item 15. Bird: Second. Borton: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve AZ 07-008 for Zamzows Overland, to include the staff's response of all staff comments, including the staff's responses to the timing and accepting, until challenged, the Overland address. De Weerd: Do I have a second? Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 15 with the statement as -- as stated. Any discussion, Council? Rountree: The Zs will prevail, is that it? De Weerd: Yeah. Canning: Madam Mayor? De Weerd: Yes. Canning: Could the maker of the motion repeat the last phrase? We didn't understand or hear it. Zaremba: The intent was to accept the Overland address. I'm not precluding that somebody could challenge that, as city attorney Mr. Nary described. Canning: Thank you. Meridian City Council June 26, 2007 Page 54 of 70 Zaremba: Is that the way it came across? De Weerd: Uh-huh. Bird: That's the way I got it. Borton: Second agrees. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes. Borton: For discussion, you know, the second agrees to the application and I think it's an absolutely awesome project and the applicant did a fantastic job. My only caveat -- and from my perspective I invite staff to appeal is with that address and I'm extremely sensitive to the applicant's comments and what's here now. My thought is 2047, things of that nature are way down the road when all of us are gone. My perspective is to be painfully consistent on the access and address issues, so -- De Weerd: Thank you. If there is nothing further, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: ZOA 07-001 Request for a Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment # 2 by the City of Meridian Planning Department: De Weerd: Thank you very much. Okay. Item 16 is ZOA 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, we have a number of Unified Development Code text amendments before you tonight. Those are detailed in your staff report. There are five particular changes I want to bring to your attention. The first -- and, please, Mr. Bird, if you could jump up and down in congratulations I would appreciate it, but the first is increase the side setback from four feet to five feet for the R-8 and the R-15 zones. Okay. At least I got a smile. The second item I wanted to bring to your attention is that we are proposing to remove the fireworks temporary use Meridian City Council June 26, 2007 Page 55 of 70 standards, so that the ones that the fire department recently adopted will prevail and we have proposed to increase the maximum structure size for temporary uses from 500 to 700 square feet. I have to tell you that we spent months trying to work out the other temporary use standards and just that the -- every time we delved into it the problem got bigger and bigger and we started to incorporate the citizen's use permit and we felt it was better to just shut down that line for right now and to move forward with this one. This was a couple months ago, obviously, and we are still working on that. I know that Mrs. Kane from the Legal Department and Mr. Hood from my department just met last week. I have not had an opportunity to get an update from them. I will get an update and time line and send it to the Mayor and I can forward that to the rest of you if you're interested. That will be the next text amendment before you and it will be as quickly as possible. The temporary use stuff is just -- it's a hard nut to crack. We are trying to figure out something that seems to be appropriate for the City of Meridian. But for the time being we are removing all the fireworks and we are increasing the maximum structure size from 500 to 700. Another big -- or another substantive change, anyway, in this code amendment is to increase the required open space from five percent to ten percent. We did get the word out -- De Weerd: Your time is up. Can you please summarize? Canning: Sure. Add process for DAs. Change PUD. De Weerd: Thank you. Canning: Can I answer any questions? De Weerd: Any questions, Council? Bird: I have none. Canning: We did get that word out to the Building Contractors Association. We have not received any comment from anyone with regard to these changes, so -- another big one -- we finally added the process for development agreements in the Unified Development Code. At first I had thought that it would be more appropriate to add those in a different section of the city code, but in looking at the Land Use Planning Act it says it's supposed to be in the zoning code. So, we went ahead and added that and so that we can get some consistency. We have had a consistent interpretation that we have been following, but now it will be codified. Finally -- you may have noticed that since adoption of the Unified Development Code you haven't seen a single PUD. We did get -- we get folks looking for them on occasion, particularly when they are looking at kind of a new and innovative way of providing units attached -- a combination of attached and detached and condominium units, generally multi-family units we would call them, in the R-15 zone, where they are trying to provide an example that doesn't -- it's not just a straight garage dominated landscape. So, we are proposing to open up Meridian City Council June 26, 2007 Page 56 of 70 that as something that would qualify as a planned unit development. Right now it says that you can't -- you can't just ask for a planned unit development for the purpose of reduced standards, that that isn't sufficient. You have to meet one of the purpose criteria. So, what this would do is open up that purpose criteria to say, okay, if you're trying to achieve this kind of -- some density on this site and want to do it in an innovative, attractive manner, then, we will let you at least look at using the PUD as an option to achieve that. Originally, we had gone into this trying to find some new R-15 standards and looking at changing that portion of the code, but what we found is that the forefront of those kind of those projects, those -- again, those innovative -- those kind of new exciting projects that really are quite attractive, there was no consistent elements between them. They didn't have a consistent frontage, they didn't have a consistent height, they didn't really have a consistent anything that we could try and develop codes around. The other -- the other challenge with that is that coming up with a black and white ordinance code for that R-15 -- I knew it was going to be very difficult to find a one-size-fits-all standard with regard to the fire department needs. So, this planned unit development gives more flexibility to the application and it gives the fire department the chance to work with each of those applicants and there is not going to be a lot of them, but to work with those applicants to determine what their needs are with regard to that specific project. So, that last item is really one of the biggest kind of philosophical things. The others are really just clean-ups. I can enumerate them. I-- they are in your staff report, the exact text changes. I've also in your cheat sheet given you kind of the summary of what they are doing, but by and large the other ones are clean up, too, so that we can have my -- the way I have been interpreting them a little more clearly defined in the ordinance itself. With that I'll -- oh. The Planning and Zoning Commission recommended approval at their May 17th hearing. There was no one to speak in favor of it and opposition, commenting, or no written testimony. Key issues of the discussion by the Commission were the Public Hearing notice distance requirements and the definition of open space. There were no changes to staff's initial recommendation and to our knowledge there are no outstanding issues before City Council. And with that I will answer any questions you may have. De Weerd: Thank you. Council, questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have some concerns with the last one, because I think you're opening up an area that's going to be a nightmare for you to figure out what's visually pleasing and cohesive patterns without some design review criteria in place. I don't disagree with where you're going with it, but it might be premature. It seems to me like we are just opening up an opportunity for somebody to say, well, here is finally a way to go this direction and in my eyes this is a visually pleasing and cohesive pattern of development Meridian City Council June 26, 2007 Page 57 of 70 and, then, they just get into an argument with staff, which ultimately ends up with P&Z and us, because we have no design guidelines at this point. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, good points. What we could do is on that last phrase where it says where garage doors are generally not fronting the streets, we could put where design guidelines are proposed or in place and where -- Rountree: That would help some. Canning: -- garage doors -- that -- it leaves the door open for an applicant to propose design guidelines right now and -- and when we have codified ones or adopted ones, then, we can say that those are in place. Rountree: I'm a little more comfortable with that. At least it gives you something to grab a hold of. Canning: Would it be sufficient to say just where we -- where there are design guidelines for the development and where garage doors are generally not fronting the street? Rountree: Yeah. I'd make it additive. Canning: Okay. De Weerd: Okay. Anything else, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: You knew before I opened my mouth. Actually, a couple -- well, one of them may need some discussion, but in paragraph 11-1-A-1, where you're clarifying definitions, you actually name the section line roads and it's a nice neat list that goes from west to east and, then, north to south and, then, there is three more tacked on that aren't in that order. But my request for orderliness would be to distribute those three names back into the list, so that the whole list reads west to east and, then, north to south. It kind of sounds like they made the list and, then, somebody said, oh, yeah, there is three more streets that are section lines. Canning: That's exactly what happened, sir. Yes. We will -- Zaremba: Just a comment. Then the other one is actually a question that may take some discussion and this is Item 11-3-C-4-B-3 and the discussion is things that can be Meridian City Council June 26, 2007 Page 58 of 70 in the side lot of a property, but must be screened behind a non-visible fence of at least six feet high. And what it says is that you can do that with one boat and one travel trailer. And my question for discussion is shouldn't that be or instead of and? Are we really saying you can do both? Canning: What's the cite reference again? Zaremba: 11-3-6-C-4-B-3. It says you can do that with a boat and a travel trailer and I'm just questioning whether that was really the intent. Canning: Madam Mayor, Members of the Council, what had happened was -- is that we did have a provision to allow one boat and one trailer to be stored on the side or your rear yard, but we -- it wasn't clear that that had to be screened. There are other references that imply that it needs to be screened. So our intent in proposing the text amendment was just to make it very clear that those needed to be screened. If the -- I hadn't really proposed to change the standards. What Councilmember Zaremba is proposing is to change the standard, that would be -- that may be appropriate. I just had -- was trying to clarify. So, you're taking it in a different direction, but if that's the Council -- direction Council would like to go, that's fine. Zaremba: Well, you actually answered my question. If there is other places where and is the correct word, then, I probably wouldn't make an issue out of it. Canning: This was to allow one boat and one travel trailer. So, that's the standard that was originally in place. We just wanted to make sure they were screened. Most people can't fit both in their side, but they could fit both in their rear -- yard. Yard. Rountree: It's getting late. Zaremba: Unless anybody else has an opinion, you answered my question. Canning: Okay. Zaremba: That's fine. Thank you. De Weerd: Thank you. Okay. Is there any other questions? Bird: I have none. Rountree: I have none. De Weerd: This is a Public Hearing. Is there anyone here that would like to comment on -- thank you. Okay. Meridian City Council June 26, 2007 Page 59 of 70 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'd move we close the Public Hearing on Item 16, ZOA 07-001. Rountree: Second. De Weerd: I have a motion and second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any further discussion? If not, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 16, ZOA 07-001, amendments to the ordinance and UDC and to incorporate Councilman Rountree's comments and staff's comment with regard to 11-7-1-A-2. Rountree: Second. De Weerd: I have a motion and a second and a need for clarification by staff. Canning: Yes. Was the 11-7-1-A-2 and 11-1-A-1, the reordering of the north, south, east, west streets? Borton: Yes. Canning: Okay. Borton: Sorry. Rountree: Second agrees. De Weerd: Anything further for the orderly mind? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 26, 2007 Page 60 of 70 Item 17: Public Hearing: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an 0- T zone for the Busted Shovel by Sherer & Wynkoop, LLC - 704 N. Main Street: De Weerd: Thank you. Item 17 has been requested to continue until the 17th of July. Do I have a motion? Zaremba: So moved. Bird: Second. De Weerd: All those in favor. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign by Todd Mendel - 1640 W. Cherry Lane, Suite 100 (Lot 2, Block 1 of Cherry Lane Crossing Subdivision): De Weerd: I did open that Public Hearing, by the way. Okay. Item 18 is a Public on AP 07-005. I will hope this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Primerica project. Pardon me while I find my notes. Thank you. It's located at 1640 West Cherry Lane. The application before you tonight is an appeal of the director's decision to deny a signed permit for Primerica. To give you a brief highlight, the applicant requested a sign permit for the existing Primerica sign that you see here. The sign was installed without a permit originally and the request for the sign was denied for the following reasons: One, the proposed sign actually meets our definition of an off-premise sign. The Primerica offices are not located in either of these store fronts that are immediately below it. The entrance for the Primerica suite, basically, is located off the side of the picture here to the -- to the left of the screen. The other reason -- there was two signs with the sign permit application. One of them was approved. This is the only one that was denied, so -- the other reason is that per the UDC, the wall area is defined to mean the wall surface of a single tenant structure or the store front of the multi-tenant structure. So, again, the store front is not located here, it's located in a different area of the structure. Furthermore, it says for wall signs, that wall signs are permitted in any number, location, or orientation, except for an adjoining residential property, provided that the total square footage does not exceed 18 percent of the wall space upon which the sign is placed or nine percent of the wall if combined with a freestanding sign on the same lot. This proposed sign is over the nine percent of the wall space for the store front elevation for Meridian City Council June 26, 2007 Page 61 of 70 Primerica. SO, with those reasons, we did deny the store front -- the primary one, again, being that first one, that this is an off-premise sign, this is a building -- or a store called BIBs. They did erect this sign, again, without a permit for briefly. That was removed when we informed them that it didn't meet our code. They are looking for some ability to find their project. You do have a letter from them, they are -- I would say weakly opposed to this -- or they -- they just want signs, whatever they need to get some signs, they would be happy with. Currently we won't approve a sign above their store front, because this Primerica sign is there. So, the store front owner of this business is impacted similarly. With that I'll answer any questions Council may have. De Weerd: Council, questions for staff? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If the off-premise sign -- yeah. If that sign were not there, then, the store fronts that actually front those properties would be allowed to have a sign. Canning: Yes, sir. Rountree: In that facade that met the space requirements. Canning: Yes, sir. Rountree: What's the owner-tenant relationship on this particular issue? Canning: It's a multi-tenant structure, so they are all -- it's all one -- one lot. De Weerd: They all lease. Rountree: They all lease. Canning: Yes, sir. Rountree: And I assume they have agreements with the owner on how they can sign? Canning: Yes, sir. And, actually, in the letter from the BIBS person, He does indicate that he knew he didn't have signs, but it has been a detriment to his business. They are fairly new business owners and -- Rountree: Okay. Thank you. Meridian City Council June 26, 2007 Page 62 of 70 De Weerd: So, the lease agreement wasn't in compliance -- it's not a business, but the lease was not in compliance with our sign ordinance? . Canning: No. These signs -- this issue arose as an enforcement issue. The Primerica sign went up without a permit and is not consistent with code. De Weerd: Anything further? Okay. Is the applicant here? Good evening. Thank you for lasting through the whole meeting for this. Mendel: Madam Mayor, Members of the Council, Todd Mendel, M-e-n-d-e-I, senior vice-president with Primerica, a member of Citi Group. Also lessee of this property. It's a training center for our Primerica agencies expanding in the Treasure valley. I'll make this brief. In March of 2006 we entered into an agreement for 2,500 square foot, which is 40 percent of this complex, at which time, where our business is now located, was unconstructed and unfinished. Our lease arrangement actually show, as you will see in the photographs provided before you -- I'm assuming you have the packages provided -- that we do, in fact, have an L-shaped situation, which only required one entrance way, which is Suite 100, directly 14 feet to the left of that sign and eight feet to the linear wall. Part of our lease arrangement when we first negotiated this lease in March of 2006 and our moving was in June, was based on having frontage signage and that was entered into our lease agreement, as well as it's a rather long and lengthy and extensive lease agreement personally guaranteed. In the fact of doing that we L-shape around BIBs and actually take up all the back area of that running into the adjacent area of 130, which is the suite behind it. At that time we assumed having to get authority to put our sign up by the landlord, we did obtain that under his lease requirements and we do have to get regulatory authority from the home office in Atlanta, Georgia. We did obtain both and we did contract Premier Sign, the Meridian sign contractor here in town, who we assumed would require any city permits would be gathered by him. It wasn't until the 1 st of May that we were notified to -- that we did not have a proper sign permit with the city, so we immediately applied for one, at which time it was denied. The three reasons that the Planning Department gave us for denying our sign was as stated, that this is an off-premise sign, which under the UDC we had trouble understanding how it was off premise when we had 40 percent of that complex and as you will notice, we have multiple examples of similar signs throughout Meridian that are not directly over their entrance way. Secondly, it was a wall sign that could not exceed nine percent of the wall space. Well, that's the entire frontage of that, which is the southern facing frontage of that complex and there is probably a better photograph. I don't have a real fancy Powerpoint to show you, but that shows the whole frontage of that space and that's if we had signage on a free-standing sign, according to the UDC, which we do not. So, there is one free-standing sign for that complex, of which we do not have any advertising. So, therefore, we are allowed 18 percent of the frontage, according to the UDC and we do not surpass the 18 percent. So, it has been falsely identified by the Planning Commission that we would only be allowed nine. In summary, based on going through the landlord requirements -- granted, the application to the city, although late, Meridian City Council June 26, 2007 Page 63 of 70 was submitted once we understood that it had not been completed, understanding the fact that we do meet all the requirements of the Cherry Plaza, which was the, then, sign program in place and I'd like to point out that it specifically says that trademark signs are exempt from certain height requirements within the Cherry Plaza Hawkins approved sign program for that entire complex. We had also had our -- we fit within those qualifications. So, if we are not in violation of our landlord's agreement, if we are not in violation of the Cherry Plaza sign -- Cherry Shopping Plaza -- Cherry Crossing Plaza sign program and we are not in violation of an off-premise sign and we are within the 18 percent, we don't see where we have violated any sign program of the city and we would like our sign program to be approved. And, finally, we have provided some examples -- like I said, if that be the case, Idaho Athletic Club, Fred Meyer, who is also over several other businesses not their own, and several other signage throughout Meridian, which are annotated in the photographs I presented to the Council members and the Mayor, we don't feel we have violated any code and we do have approval by the landlord and it was part of a very negotiated part of our lease agreement. Thank you for your time. De Weerd: Council, questions for the applicant? Rountree: I have none. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application, since it is a question I have to ask. Staff, any further questions -- or comments, questions? Canning: Yes, ma'am. I believe on the third item, the 18 percent versus the nine percent, this project is subject to the sign plan -- planned sign program for the Cherry Crossings that was submitted by Hawkins company and that's -- because they have free-standing signs as part of theirs, I believe that that's what brings this back to the nine percent versus the 18 percent. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would second Director Canning's comment. I was on the committee that wrote what I think was the original sign ordinance -- or at least a new sign ordinance and, then, also on the committee that incorporated that sign ordinance into the new Unified Development Code and our intent was that if there is a free-standing sign, whether individual tenants advertise on it or not, if the complex has a free-standing sign, then, the total area of the building -- of any face of the building not facing a residence, for all tenant signs, is nine percent. So, in this case, going by the discussion of the people that wrote that ordinance, I believe the director is interpreting that correctly. And also that it applies to all tenants. So, if this tenant takes nine percent of the sign, no Meridian City Council June 26, 2007 Page 64 of 70 other tenant can advertise on that face, regardless of whether this tenant advertises on the free-standing sign or not. Canning: And, Madam Mayor, I'm looking at the Cherry Crossing Shopping Center sign standards, Item C-6, says total square footage of wall signs not to exceed nine percent of the wall elevation. De Weerd: Okay. Ves, sir. Mendel: Todd Mendel with Primerica. Also it states on the Cherry Crossing sign program that trademark logos are exempt from sign standard heights. We are a trademark logo, international. Also, if you will notice on the -- if that would be the case of nine percent, then, every brocade in that entire mall has exceeded nine percent. Total Women's Fitness -- every single brocade in that mall has one single or sign on it. As part of the Cherry Crossing sign program states that signs will fit within congruence of that mall and there are four brocades -- center brocades in that mall, all four have a single sign on it exceeding nine percent. De Weerd: Thank you, sir. Council, anything further? Zaremba: Veah. I would ask the question -- I don't know whether it's germane or not, but it would just be for informational purposes. Vou said that you used this facility -- I'm sorry. I should identify who my question is directed to. Mendel: Ves, sir. Zaremba: You said that you used this facility for training people that have other offices around that are associated with -- Mendel: Ves, sir. We branch additional offices. We have three in Meridian and one more going up in the next 50 days. Zaremba: Is this office also for walk-in customers or -- Mendel: Ves, it is open to the public. That is correct. Zaremba: Oh. Okay. Mendel: If I may comment further? One other commentary on the plan sign commission that I believe Madam Mayor had brought forward as -- if you notice on this Cherry Crossing sign permit 0-3, the landlord has specifically only approved two signs on this -- on this complex and that's of our own and Evergreen Chiropractic. That tells me, as well as his information as previously informed in a letter that's also included in this paCkage to the Planning Commission, that the other members of number 110 BIBs Meridian City Council June 26, 2007 Page 65 of 70 knew there was no signage available, but, however, by rule there is to the left and right of the wall, as well they have front signage on this -- on the free-standing sign, as well as they have it displayed in the parking lot. So, the signage was known to them prior to them moving in and their situation with the landlord and no other approved sign was authorized by him. Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: With regard to all the other signs being out of compliance with the planned sign program, that is the first thing staff does in reviewing a sign permit is look for the planned sign program and I know that they review those criteria carefully. De Weerd: Okay. Any other information needed from Council? Okay. If nothing further is needed, no other questions, I would entertain a motion to close the Public Hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we close the Public Hearing on Item 18, AP 07-005. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, any discussion? Zaremba: Madam Mayor, I would just comment again that this is not what was envisioned when the Unified Development Code was incorporating a sign ordinance into it. I believe the director was correct in denying the permit. De Weerd: Anything further from Council? Bird: I have none. De Weerd: Do I have a motion? Zaremba: Madam Mayor, I move that we deny AP 07-005. Meridian City Council June 26, 2007 Page 66 of 70 Borton: Second. De Weerd: Okay. I have a motion and a second to -- okay -- deny the appeal. Zaremba: Yes. De Weerd: Okay. Zaremba: And uphold the director's decision. De Weerd: Okay. Discussion? Rountree: I have none, Bird: I have none. De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 19: Item 20: Item 22: Item 23: Ordinance No. 05-1186 8 Amendment to Ordinance No. 05- 1186 and 05-1186A for correction of legal description: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Amended Ordinance No. 07-12928 AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: Ordinance No. 07-1322 : AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: Ordinance No. 07-1323 : RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: ~ Meridian City Council June 26, 2007 Page 67 of 70 De Weerd: Okay. Item -- Mr. Berg, since Item 21 has been requested to continue -- or to be put to July 10th, do we renumber these or __ Bird: Yeah. Berg: Madam Mayor, I would suggest that we number them according as we approve them, because, then, it keeps them in chronological order and we can research the documents somewhere in the past. De Weerd: Okay. So, ordinance on 22 would be 07-1322? Berg: Correct. De Weerd: Okay. Bird: And 23 would be three. Berg: Yes. We would -- and I guess you would probably have to have a motion to table Item 21, even though you discuss it. In the process we leverage the developer to sign the development agreement before we approve the ordinance. Nary: Encourage? Is that the word you meant, Mr. Berg? Berg: Yes. Yes. Nary: That's what I thought. De Weerd: Okay. I will ask the city clerk to, please, read ordinances on Items 19, 20, 22 and 23 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Item 19 is Ordinance 07- 1186-B, an amended ordinance revising the legal description and map for annexation of property located in the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2, R-4, R-15 and L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Meridian City Council June 26, 2007 Page 68 of 70 Berg: Item No. 20, Ordinance 07-1292-B, an amended ordinance revising the map for annexation of property being a portion of the west one half of the southwest one quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance -- or Item No. 22, Ordinance 07-1322, an ordinance for annexation of a parcel of land described in a warranty deed instrument 100079761, together with a portion of North Meridian Road right of way located in a portion of Lot 7 in Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Item 23, Ordinance 07-1323, an ordinance finding that Matthew Hartz, the owner of certain real property has made a request for rezone of the zoning classification for real property being a parcel of land described in the warranty deed instrument number 97099506, together with a portion of the North Meridian Road right of way, located in a portion of Lot 6 of J.A. Post Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from L-O to C-C in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. I'm sure all of you were really listening to the reading of those ordinances. Is there anyone who would like to hear them read in their entirety? Since no one is here, I would ask Council to take a motion or -- Bird: Madam Mayor? Meridian City Council June 26. 2007 Page 69 of 70 De Weerd: Yes. Bird: I move we approve Ordinances 07-1186-B, 07-1292-8, 07-1322, and 07-1323, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 19, 20, 22, 23. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC - Southeast Corner of the intersection of Eagle Road and Franklin Road: De Weerd: Okay. I guess I would need a motion on Item 21 to continue this ordinance for two weeks. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: And that's July 10th for the record. Okay. We did have an Executive Session per Idaho State Code 67-2345(1 )(f). Do I have a motion? Bird: So moved. Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 26, 2007 Page 70 of 70 EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Zaremba: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Borton: So moved. Zaremba: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: K' M~~ ATTESTED: WILLIAM G. B 1//1/01 DATE APPROVED \\\\\\\llIIIJII//.'/ \ \ r.,t: Lt:f:- .,.. f /; " ,\\ -.I \....1' ~J.":!~~:t J1/ ,,' A '\ I~.~"o:.- " "';\." 11.- -;;. '" u- -, "',. ~ :3' IOAJ}~-;:.. - o~::- -