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HomeMy WebLinkAbout2007 07-10 Meridian City Council Meetina July 10, 2007 A meeting of the Meridian City Council was called to order at 7:04 P.M., Tuesday, July 10, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Joe Borton. Members Absent: David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea, and Dean Willis. Item 1: RolI..call Attendance: Roll call. o David Zaremba X Joe Borton X Charlie Rountree X Keith Bird L Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, July 10th. It is a few minutes after 7:00. I'd like to welcome you all here all tonight. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Our next item is the pledge of allegiance. We will be led tonight by Shelly Houston. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Mike Dodd with Capital Christian Center: De Weerd: Item NO.3 is our community invocation. Tonight we will be led by Mike Dodd with the Capital Christian Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Dodd: Thank you, Madam Mayor. Father, we thank you tonight, Lord, for your presence, Lord, in our lives. We just ask that your Spirit would come tonight and, Father, just impart grace and wisdom to the Council, Lord, in all the issues that are at hand. We thank you, just, Lord, that wisdom from on high would be departed to them, Lord God, just infuse them even, Lord, and, Lord, that your grace would abound in their lives, Lord, and in this -- just this awesome city, Lord God. We just ask that you would bless this community, Father, that we are moving forward in this city and we just thank you, Lord God, for going before us in all the matters in hand and at hand tonight, in Jesus' name, and everyone's name, amen. Meridian City Council July 10, 2007 Page 2 of 25 Item 4: Adoption of the Agenda: De Weerd: Thank you. And I would like to present you with a pin. Thank you for joining us. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have on the regular agenda Item No. 13 needs to be vacated. The applicant has decided to re-notice for a different variance. So, that will be completely vacated. Item 14, ordinance number 07-1324. Fifteen is 07-1325. And with that I move we approve the revised agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from June 26, 2007: 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: B. Findings of Fact and Conclusions of Law for Approval: AZ 06" 061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Baraya Subdivision by RMR Consulting, Inc - 3935 West Franklin Road and 280 South Black Cat Road: C. Findings of Fact and Conclusions of Law for Approval: PP 06" 062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single- family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2 multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision by RMR Consulting, Inc - 3935 West Franklin road and 280 South Black Cat Road: Meridian City Council July 10, 2007 Page 3 of 25 D. Findings of Fact and Conclusions of Law for Approval: 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: E. Findings of Fact and Conclusions of Law for Approval: 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 Property by Maria Vanbragt - 305 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 07~ 008 Request for Annexation and zoning of 3.32 acres from R1 to C- G zone for Zamzows Overland by JR LLC - 3620 and 3650 East Overland Road: G. Addendum to Development Agreement: MI 07~003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 & 2 by David Waldron - north of Franklin Road and east of Locust Grove Road: H. Addendum to Development Agreement: MI 07..002 Request for a miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz - Southwest Corner of South Meridian Road and West Overland Road: I. Public Works Chanae Order No. 2 for the Water Division Buildina Phase 1 Proiect (Design) with BRS, Inc. for $5,373.16: J. Chanae Order No. 1 to the Schindler Elevator Contract for the City Hall Project not to exceed $1,600.00: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Meridian City Council July 10, 2007 Page 4 of 25 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department 1. Discussion of Draft Ordinances for Mavor and City Council Compensation Amendment: De Weerd: Council, Item 6 under department reports. We will start tonight with Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. The item in front of you is a report from the Citizen's Compensation Committee. You should have that in your packets. There are two draft ordinances. There were three meetings of the citizen's committee. If you recall there were seven citizens that we asked to participate in that. One of the recommendations -- well, let me go over -- basically, we had three different meetings. We met in the evening a couple times and once at a lunch meeting for the final one. There were lively discussions about compensation for both the Mayor position, as well as the Council positions. We did some comparisons of other cities of similar size around the state and did look at some of the factors that they wanted to weigh on what the market is, the impact on the budget, performance, expectations, those types of things, in making a decision and recommendation that's in front of you. The -- excuse me. The ordinances are fairly identical in -- the whereas clauses are the same. I'll go over the specific recommendations. They did recommend both an increase to the Mayor's compensation, as well as an increase to the Council compensation over the next two years. Approximately five percent on each year on the Mayor's compensation and four percent on the Council's pay over the same time period. The last section of the ordinance was a little bit lengthier in some of their recommended changes and I'll just explain what those are. First, there was -- in the original ordinance -- and I can't blame anybody, because I'm the one that wrote it, there is an order that didn't direct anybody to do anything, it just says somebody in the world will create a committee. So, it is directed that human resources will be directed to form a committee. The current configuration is a minimum of at least seven citizens. We were never able to get seven people there at the same time due to conflicts in schedules and the summer starting, school, vacations and the like, so the committee did recommend that a minimum of five be formed for the committee. You certainly can make them more each time you do this, but they felt that a minimum of five was probably a more manageable number to get everyone there at the same time to have the discussion. Again, the Meridian City Council July 10, 2007 Page 5 of 25 current ordinance says former elected officials. We asked former Councilmember Donnell to serve as one of those officials on this committee, but she was appointed, not elected, so we did add appointed in there as a possible person that could be -- serve on this committee. The current configuration of the ordinance says it would be done every four years. The committee two years ago felt that each mayoral election year seemed to make more sense to them, that the analysis of what the pay is, the compensation is for the elected officials of the city, that that seemed to be when people found it most pressing to do. The current committee felt that it should be done every municipal election year. They felt that every two years was probably more in line with the market and trends, the expectations of the different positions, and they felt it made more sense at least to have the same process and review by citizens to be done every two years, rather than four. They asked that I include in there -- and there is a longer section in the ordinance -- that says some of the things that they considered in making that decision -- again, each committee can certainly adjust that, look at other factors in addition to that, but they felt it was important to put in the ordinance itself what types of things they thought made sense from a citizen's perspective to evaluate and that's why it indicates some of the laundry list of various things, baseline salaries in comparison to other select cities, appropriate increases or decreases based upon the market as determined by the committee, current and potential impact to the city's budget, performance of the elected official while in office, recent or current increases afforded to all other city employees and expectations to the publiC in general for the position that is being evaluated. So, they asked that all of that be included as well. And as you know from the ordinance, these are all recommendations in front of you, they are -- you're not bound by any of those, but those -- what the committee asked me to bring forward is their recommendation to you on both the compensation adjustments, as well as the form of the ordinance as it's currently in the city code. De Weerd: Thank you, Mr. Nary. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have some -- I have got some concerns, but we will discuss this at the budget hearing. I -- I don't believe elected officials are employees, for one thing. And our performances are done at the ballot box. If we do well we get reelected if we want to run. If we don't we get thrown out on our ear. So, I don't think a committee of seven can say whether I have done a good job as councilor not. I think the people will, but we will discuss this tomorrow. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I could -- Madam Mayor, Council Members, Councilmember Bird, what the committee intended by that -- and, obviously, it is open to interpretation, since it is an Meridian City Council July 10, 2007 Page 6 of 25 ordinance. What the committee intended by that language is there is no standard for elected officials and there is no means to give merit increases for elected officials and that's just a statutory -- that's the nature of the statutes in the state of Idaho. What the committee I guess wrestled with is every elected official has to make that decision on how they wish to serve in that office and you're exactly right, it is subject to the voters and is subject to the ballot box and they agreed with that. The reason they included that as what a citizen's committee would review is based on what each person chooses to do gives them some sense of what is fair compensation. And I guess to give you an example -- again, there is no requirement for the Council members, other than to attend the Council meetings. There is nothing else that statutorily Council members are required to do, except attend Council meetings and manage the city's budget. So, if you were to have a Council member, for example, that decided to do nothing else but that, show up once a week, not participate in any other fashion, not do anything else, the compensation -- the committee felt that a future committee may decide that the compensation is too much for councils that only do that, or if a mayor chose to only do whatever the minimum expectation of the public is. Again, it's merely a recommendation and that's the reason that they asked to include it. But that was their purpose. It's just that those are factors that citizens evaluate on whether the compensation is reasonable and that's -- again, it's a hard target to grasp onto for that when, really, the salary and compensation has to be set prior to anybody being in the position and they have to make that decision based not on anyone that sits up here today, but what -- going forward in the future what makes sense to at least these seven people. But that was the intent. So, it wasn't meant as a slight or it wasn't intended to reflect on anybody here or that they were trying to assess a merit sort of basis to it, but, really, trying to give some relative sense to how to make a decision to make a recommendation to the rest of you. Rountree: Madam Mayor. Thanks for the explanation, Bill, because that was something I was having trouble with, because, you're right, there is no standard for an elected official, other than what happens at the ballot box. The other part that I think is important and central to this is it's up to us to move one way or the other and that's still up to us, no matter what the recommendation. I did not hear anything -- and I have seen in other cities and I know in our city that the Council president does take on additional duties and responsibilities. Is there any recommendation to make an adjustment for an individual in that capacity? Nary: It was brought up and discussed. Again, they had a real hard time grasping -- I mean to be really fair, the committee, in relating to councils and looking at all the various ones and cities -- and, again, most of the cities we looked at didn't give additional pay for a Council president. The city of Boise is the only one that I found that did. But -- so, they wrestled with it and really felt that truly -- and I guess there is a pause at reflection on the elected officials of our city -- felt that the differences in compensating you for $1.80 an hour versus $1.87 an hour, they didn't really feel that adequately it makes much difference, so they didn't see any particular reason to want to add more to one position or another. Meridian City Council July 10, 2007 Page 7 of 25 De Weerd: Any other questions. Did that answer your -- Rountree: That answered my question and I'm glad it came -- it went that direction and it's -- now it's on the record, so we don't have to deal with that issue. De Weerd: Thank you. Rountree: I guess my last question, what's -- what's the direction -- the ordinance modification and, then, whether -- what the Council decides to do with the recommendation. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, what finance has asked is they have taken the numbers that have been recommended, they can put them in the budget or not. They can adjust them as you wish and, then, what I would, then, need is if -- if the direction of the Council is you're going to accept the recommendations completely and with these numbers as requested, we can bring this ordinance forward for approval at your next meeting or the meeting after. If you want to make changes to those numbers, we can do that as part of both the ordinance, as well as your budget hearing that's both tomorrow, as well as the final one in August. We can make those adjustments however you wish and, then, we will bring back an ordinance that matches that. Rountree: Okay. De Weerd: So, Council, continue this discussion or what is your direction? Bird: We have got to continue it one way or the other. Rountree: I guess, Madam Mayor, at this point I appreciate the effort of the committee. I think we did the right thing by establishing the ordinance and having outside people look in. At the current time I feel I'm sufficiently compensated and I would not necessarily be in favor for the recommended four percent to the Council. Given the duties and activities as it relates to the Mayor, at this point I'm probably inclined to favor that, but I'm not sure what the budget numbers are going to tell us tomorrow by the time we get through adding and deleting. So, that's where I am right now. De Weerd: So, continue this? B. Public Works Department 1. Discussion of North and South Black Cat Trunk Reimbursements: De Weerd: Item 6-B is our Public Works Department. Len. Meridian City Council July 10, 2007 Page 8 of 25 Grady: Madam Mayor, Members of the Council, I wanted to talk about reimbursement agreements. In particular, the North Black Cat area. We have a group of developers that have joined together and want to build a section of sewer line from the North Black Cat lift station all the way up to Chinden. Our reimbursement agreement for off-site sewer is what I would call vague. It doesn't really -- it doesn't really explain how to pay this back and when to pay it back and what I'm looking for tonight on this particular project is just some guidance. I believe that these developers can build it faster and cheaper than we can and I think in the end if it's what we would consider a strategic sewer line, I believe we should, upon accepting that sewer line, basically reimburse them a hundred percent. But, again, the code is very vague as to how and when and why this off-site sewer is paid back. So, I kind of want to move slowly on this -- this particular one, because it's -- it's going to set a precedent. If you agree with my proposal of, basically, paying back a hundred percent, I'd probably like to move fairly quickly. I know the contractors and developers in the area are anxious to get started up here and we'd, basically, go ahead and begin construction of this and perhaps even accepting final plats in this -- in the north area, depending on your comfort level. In the south area we have a similar type of thing where the developers and contractors have gotten together and, basically, trying to push the trunk over to the Bear Creek lift station. I have colored in black on here what I would consider a strategic sewer line. Similar type of thing. It's something the city wants and needs. We have been pushing for a couple of years to get down in there and get that to the Bear Creek lift station and, again, I would fully -- I would recommend that we pay that back upon completion of that sewer line, again, realizing that the contractors, developers, can do this much quicker and cheaper than we can. The Red Lake going to the left is a little bit of a different story insofar as I don't anticipate large amounts of hook-up fees to be coming when we build that portion of it and I'm wondering if maybe some sort of staggered payment, some very very easy formula to -- for finance to track, perhaps paid back over a three year period. Now, this area in the south is on-site sewer and there are some fairly good numbers in a table that tell us how much to pay back. It's the when I'm concerned on this off-site sewer -- or, sorry, on the on-site sewer. So, I know that's a lot to comprehend, but -- next slide, please. This is what I'm asking for tonight is some direction on these three particular questions. Do we want to reimburse a hundred percent construction costs for off-site sewer and that would be the north area, the -- heading north from our Black Cat lift station to Chinden, and it would be my recommendation that we do so. Do we want a staggered payment for those projects which we expect to have slower hook-up fees coming back in and, again, I'm looking for guidance -- you know, we can go ahead and pay up front. My concern is that we lose control -- if we start granting these we really lose that control on how and when we call something a strategic sewer line and agree to pay that back. And, then, finally, we don't normally accept final plats, but I know in the north Black Cat area these people have been waiting for quite a long time. If Council were to instruct me to do so, I would begin accepting construction plans and final plats for that north area contingent on plant upgrades being done. So, those are the three types of questions I'm looking for guidance for and -- Meridian City Council July 10, 2007 Page g of 25 De Weerd: So, Len, on that item three, would that be accepting final plats, but issuing no building permits until that expansion is on line? Grady: That's correct. And sorry for the spelling error there. Anna has pointed out it should be accepting, not excepting, so-- De Weerd: That's all right. I was going to call you on it, but -- if you were Kyle I would have. I guess, Len, historically, when we have done latecomers or those kind of agreements, has it been at a hundred percent? Grady: It's generally been a formula which is based on the area that it serves and the number of hook-ups. It's a very tedious process to get that -- get that calculated and paid back. We agreed to -- you know, Brad created this new ordinance, which, basically, was supposed to be quite a bit easier, now all of the hook-up fees, basically, include a portion that goes towards paying this hundred percent back. So, I guess what I'm trying to figure out in my mind is if these developers did not build this, we would probably at some point in time go build it and, basically, we would pay a hundred percent to do so. So, what we are doing here is allowing them to build it faster and cheaper, we get a break. Now, I do think it's very important that we not just pay a hundred percent on everybody that wants sewer, otherwise, you know, somebody down south towards Kuna might want us to reimburse them for a trunk line down there. So, it really has to make sense for us to do so. De Weerd: Thank you. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, I agree with you on the one hundred percent reimbursement when you guys -- and each sewer line would be subject to conditions for each one. It's not a standard that we are setting, as you just stated. So, I do agree with you on that. I do believe that -- I like your second item and I see no problem with number three, as long as we make sure the plant's capable of taking it before we issue building permits, which I know you will do. Grady: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would like to see, with respect to item one, that we have in place a document that identifies the strategic trunk lines, so in terms of policy you have something to fall back on. Meridian City Council July 10, 2007 Page 10 of 25 Grady: Oh, excellent. Rountree: And I don't have a problem with the pay back and I agree that it's going to be less expensive in the long run and quicker, as long as we have sufficient funding to do that. Item two. I think if you have a document that identifies strategic lines and a policy in place, that some lesser line would fall under some kind of a pay back schedule and I think we need to have a sense of what that's going to look like, whether it's two or five years, whatever. And as far as the last one goes, I don't have a problem with that, as long as the developers or future owners of the developments come in this chamber and stands up here and swear that they understand that they are not going to get a building permit until, one, the facility is done and, two, that the wastewater treatment facility has capacity to handle it, because we all know the pressures that are brought to bear once we have a final plat and I appreciate their need to move forward. I would hope they appreciate our need to be in compliance with our discharge permits and it's a big issue, so -- I don't really mean to be that tough, but it's important to me that they understand that I don't get a phone call or you don't get a phone call saying we got to have a building permit now that we have got a final plat, even though the final plat says no building permits issued until whatever the conditions are. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Rountree, that -- couldn't we do that by placing that stipulation on the final plat? And I think that's where it should be, truthfully. Rountree: We have done that, I believe, in the past and there is still pressures brought to bear to issue permits. Bird: Oh, yeah, but -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Len, what's the remedy for the city if you go forward with the one hundred percent reimbursement for these strategic trunk lines and whether it's all at once or staggered and it gets constructed, there is really no out for the city in the off chance that -- that our revenues are insufficient to pay for that particular trunk line. If it's something that we weren't able to afford to do ourselves otherwise, are we inviting to get ourselves boxed in a corner, agree to reimburse for a trunk line which we might not otherwise have paid for at this time, might have delayed because of revenues? Grady: I think we would have to keep a close eye on that and that's -- that's, actually, specifically why I wanted to make sure that we brought a case like this where, you know, it's not what I would consider a strategic trunk line and how do we handle it, how Meridian City Council July 10, 2007 Page 11 of 25 do we -- developer wants to move forward, you know, does he cover a hundred percent of that cost until such time as we choose to pay him back or does he -- he never gets paid back, the staggered payment was just a way of -- you know, eventually we would expect there would be hook ups and it's just a question of being able to anticipate when these are coming, so those are valid questions, but -- Borton: Madam Mayor? Maybe this is a broader topic, but in your discussions is it necessary that it's a hundred percent reimbursement versus some lesser percentage? I, obviously, know the developers' desire, but if we are all jumping in the same boat to get this -- either the north or the south jump started -- Grady: I believe it absolutely makes sense to ask that question. Certainly on the on- site there is a formula and it's a percentage. I believe we pay back, you know, rough terms 70 percent of their costs. It's the off-site that's a problem and I'm throwing out a hundred percent, but, you know, there is a definite -- there is room to reconsider that and come up with some better method of figuring out what that should be. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilman Borton, I mean part of -- maybe to address that contingency that you're talking about is with that agreement up front, because I think what Len is seeking is I guess the direction from Council that if the funding is available to be able to reimburse in whatever fashion the developer and the city wants to come up with and, then, the Council wants to approve, whether it's upon completion of the project over a three year window, over a five year window, if the funding is currently available, we have funding -- sometimes we will have funding available for reimbursement, but not for construction, and that's -- but that's why I think it's a case-by-case situation. I think we can probably address those and have that resolved on the front end before the project gets approved, so that the Council knows what the reimbursement is and the developer does. On your other question, Council you brought up about putting a condition in the final plat about building permits and that's sometimes going to be problematic with the county engineer to add those types of conditions on building permits. I mean you can give that direction and certainly a policy would be better that you establish or even an ordinance that you establish that discretion that you can grant either to the Public Works director or to the Council to make it clear when building permits are going to be issued or cannot be issued until whatever that -- whatever contingency is necessary that Mr. Grady is talking about, but using your final plat as a means to do that probably isn't going to work. De Weerd: Council, we do have a couple of interested parties here tonight. Would you care to hear comment? Grady: Madam Mayor? Meridian City Council July 10, 2007 Page 12 of 25 De Weerd: I'd rather imagine Matt -- pacing in the back-- Grady: Madam Mayor, I just -- I'm not sure that they -- they have proposals that we are going to be bringing to you. I don't think we can hear them yet. Or maybe we can, I -- Rountree: Not the proposals. Grady: I'm just looking for general guidance right now and I'm afraid if they -- if they come forward with the actual proposals, you may be hearing them in advance, so -- De Weerd: Council? Rountree: Madam Mayor, I hope staff will continue to work with the development community, work through these possibilities and various options that are available to us and them and you can bring a proposal back to us. Bird: I would agree. De Weerd: Well, Len, I guess just to comment on our growth priority areas, these -- in particular the north, but even that south piece has been a priority. Grady: Yes. De Weerd: So, you know, I guess that could and should be treated a little bit different if it was in another area that we were not looking to grow yet. And so I guess that should be looked at differently. Grady: Okay. De Weerd: And maybe those are some of the separators that you can use to maybe decertify or draw -- distinguish the differences in your percentage of reimbursement or something else. I guess that's something you can work with the attorney's office on. Grady: Okay. De Weerd: Anything else, Council? No? Grady: I believe I have affirmative on all three is what I heard. De Weerd: Yes, you do. Grady: Thank you, Madam Mayor. Borton: In a round about way. Item 7: Items Moved from Consent Agenda: Meridian City Council July 10, 2007 Page 13 of 25 De Weerd: There were no items moved from the Consent Agenda. Item 8: Reauest for Reconsideration of Denial of Appeal Application for Primerica Sian by Todd Mendel: De Weerd: Item 8 is a request for reconsideration. You do have a letter that is in front of you. If staff has no comment and if you have any questions that need to be clarified that is not answered in the letter, we can ask that representatives that are here tonight. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is it appropriate or not to have staff comment upon the request or are we opening the door for that discussion? I know a lot of materials and calculations were provided. I don't know if Mrs. Canning's had an opportunity to review them. I don't know if it's procedurally appropriate to go that route. Maybe it's not. De Weerd: Mr. Nary Nary: Madam Mayor, Members of the Council, I guess if your question -- and you're exactly right, this isn't a hearing, it is just a request, but part of, I guess, the decision point for the Council sometimes on these requests is is this information new, is there more to be gained here and I think that's some of what is being presented by the applicant in this request for reconsideration. They have other information that could not be provided previously or they were unaware of what was a concern or an issue to the Council. I don't know if Mrs. Canning's had an opportunity to review it and had an opinion on that at all, but I guess I'd like it to be pretty narrow in an answer to that. Really, you have to sort of address it based on what's in front of you. But I don't know, Mrs. Canning, if you have had an opportunity to review their request. Canning: Madam Mayor, Members of the Council, Councilmember Borton, I read through it, we are prepared -- if the Council decides to go forward with another Public Hearing we are prepared to address the additional concerns he's raised, but -- De Weerd: Council, I will need your direction. Rountree: Question, Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If we recognize a motion, too, if we determine not to recognize the request for reconsideration, a motion likewise, or is it just moot if there is no motion? Meridian City Council July 10. 2007 Page 14 of 25 Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you will need to take some action. So, you will either need to move to grant the request or move to deny the request. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we do not grant the request for Item No.8. De Weerd: I have a motion to deny reconsideration. Do I have a second? Motion dies for lack of second. Rountree: So, then, Mr. Nary-- Nary: Madam Mayor, Members of the Council -- Rountree: -- I think the ball's in Joe's court, but I'm not sure he can make the motion -- he can make a motion. Nary: Any of the members of the prevailing side in the request for reconsideration can make a motion. Councilmember Borton, if he's inclined, can certainly make a motion to grant the reconsideration. Councilmember Bird voted against that prevailing motion, so he can't make a motion to that effect. He can second it, but he just can't make the motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Having reviewed the detailed information, there is additional information which is provided and it sounds like the request is to provide even more. I'm willing at this point to grant the motion -- or to move to reconsider -- grant the request for reconsideration. If I could say that in a more jumbled fashion I would try to do so. De Weerd: I think you did a good job. Borton: I would move to grant the request for reconsideration of the denial for the Primerica sign. Bird: Second. De Weerd: I have a motion and a second to grant the reconsideration on Item NO.8. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Zaremba, absent; Borton, yea. Meridian City Council July 10, 2007 Page 15 of 25 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 9: Findings of Fact and Conclusions of Law and Order for Denial: 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 Sian by Todd Mendel - 1640 West Cherry lane, Suite 100 (lot 2, Block 1 of Cherry lane Crossing Subdivision): De Weerd: Item 9, then, Mr. Nary. Nary: Madam Mayor, Members of the Council, on Item 9, since you granted the reconsideration request, they will follow the due course with the clerk's office and re- notice that, so you will get that in front of you. You can merely vacate the findings for Item 9. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we vacate the -- AP 07-005, denial for Primerica sign. Rountree: Second. De Weerd: I have a motion and a second to vacate Item 9. Does that have to be roll call? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Item 11: Tabled from June 26, 2007: 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 - Southeast Corner of Eagle Road and Ustick Road: Tabled from June 26, 2007: 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 - Southeast Corner of Eagle Road and Ustick Road: De Weerd: Items 10 and 11 are final plats. Anna, do we have a letter from the applicant? We did not. Canning: We do not, ma'am. She has concern with one of the conditions of approval. Also, the applicant Tamara Thompson committed last week to provide Council with a diagram of the pedestrian pathways on the site. She did provide that to us. It's -- they Meridian City Council July 10, 2007 Page 16 of 25 are shown in red before you, so they do run north.south and there are three going east. west, aside from the one along East Ustick. So, that would be the fourth one. And with that I will answer any question you may have. I wasn't going to go through a detailed explanation of the final plat. I'll let Mrs. Thompson express her concerns with the one condition of approval. De Weerd: Anna, I thought we were going through a circulation plan on auto circulation, not just pedestrian. Canning: I believe last week we added as a part of the development agreement that she will provide a certificate of zoning compliance, but she did commit at that hearing that she would get you .. show you what the pedestrian pathways were tonight. So, that's just .. she's taken that one step. She still needs to do a certificate of zoning compliance for the entire parking lot circulation. De Weerd: Because on those there is a number of cars that back into what appears to be obvious circulation routes and that was my concern, then, and continues to be, so -- and I thought that's what she said that she was bringing back. I guess it did not sink in it was just the pedestrian and not the auto. Okay. Any questions for staff at this point, Council? Rountree: I have none. De Weerd: Tamara. Thompson: Madam Mayor, Members of the Council, Tamara Thompson, 2462 Sunshine Drive in Boise. First I apologize for that. I know we put it on the -- for a CZC that we had to come back for the car circulation, so I apologize for the misunderstanding there. The one condition for both plats -- the way we did this -- and I think I explained it last week, is there are two ownerships, Jim Kissler owns the southern five and a half acres here and, then, a separate development group called the Rela Development owns the northern 17.35 acres. So, we submitted these in two separate phases, just to keep that clean with conditions of approval and that kind of stuff. The one condition on both phases that we have a problem with is condition number two under the general requirements and this condition we can see is relevant and applicable to residential subdivisions, but not commercial, and we respectfully request the leeway to be allowed to submit and obtain a building permit .- or building permits to construct the site and building improvements concurrently. In the preliminary plat conditions, this one was, frankly, in there and we overlooked it, but we do have in the fire department's conditions of approval 3.5 it states that fire hydrants have to be operational, temporary or permanent street signs have to be in, all weather roads have to be in before combustible construction is brought on site. So, we have no problem complying with that, but I just don't understand why we can't even apply for a building permit and what this does to our schedule .. I think I gave you a little update last week -- that right now our site improvement drawings are in for permit and we are hoping to be able to pull those in early August and we have -- we already submitted for the CZC for two Meridian City Council July 10, 2007 Page 17 of 25 buildings, for both of the buildings on Mr. Kissler's property down here, we need to follow that up with a design review application and, then, we were hoping to just submit for permit right after that on around August 1 st, which would be about the same time we are starting construction for the site work. With the amount of time it takes to go through plan cheek, October 1 st is probably the earliest we would obtain a building permit and, then, by the time we have -- if we start August 1 st we could have fire hydrants in by November 1 st, so we can start going vertical with combustible material and, then, our -- our forecast of when the final plat will be recorded once it goes through all the signatures that it has to go through, is probably realistically in December and we could have a certificate of occupancy as early as March of '08, where all of our site improvements would be done and the buildings would be done spring of next year. If we have to wait to submit for permit after we receive final plat, that takes us where we are just sitting around until December of this year and, then, we have to go through the couple of months and earliest permit would be February of '08, which puts us late summer next year for opening buildings. So, again, we'd just like to ask for some leeway on that condition. I don't fully understand it and that's -- De Weerd: Any questions for the applicant? Any comment by staff? Grady: Madam Mayor, Members of the Council, I just am confused. Is the applicant saying she does -- she wants a building permit prior to final plat? De Weerd: I don't think so. Thompson: Madam Mayor? De Weerd: Uh-huh. Thompson: Yes. De Weerd: Well, I don't think we have ever done that. Thompson: What I would really like to do is to be able to apply for permit at least, but for a commercial subdivision I don't believe you have to have a final plat, as long as it is the same ownership. So, since we have two legal parcels, we could have two buildings, is my understanding, of -- for commercial property. But in the very least this -- I mean that would be -- that would be ideal. But if we can't have a building permit prior to the final plat being recorded, then, if this could just read instead of -- instead of prior -- the last few words -- prior to applying for building permit, maybe it says prior to obtaining building permit, that we have to have all that stuff in. Grady: Madam Mayor, Members of the Council, we do allow a foundation only permit, which allows for a little bit of an early start, but, you know, to waive things like water and addresses, you know, the emergency people may have an issue if there is an accident or a fire, how are they going to know where and how to get there. So, they may want to chime in on waiving some of that other stuff. Otherwise, like I say, we will allow a Meridian City Council July 10. 2007 Page 18 of 25 foundation only, but an actual full blown building permit we would pretty much need a final plat. Canning: Madam Mayor, Members of the Council, we do issue bUilding permits on un- platted parcels. The last one I can remember is for the bowling alley going on the west side of the street or the north and west in the northern portion of the Winston Moore subdivision. He had requested one. He may have reconsidered. The only dilemma we have in doing those is that, essentially, all the plat conditions become a condition of that certificate of zoning compliance, such that you cannot obtain your certificate of occupancy until all the subdivision improvements are done and that's how we have handled it in the past, because once you release the building permits, there is sometimes no incentive to complete the final plat. So, we just make sure all the conditions are with that certificate of zoning compliance. But there is nothing in the code that says you to have one lot -- or one building per lot for a commercial development. You can have -- this project could go forward without a plat. It doesn't require that plat, all it requires is a certificate of zoning compliance. But the CZC has very lengthy conditions when we do it that way. De Weerd: You threw us off there for a minute with the bowling alley comment. I didn't think you had been here that long. Canning: It's a new bowling alley. De Weerd: Yeah. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, is there a reason, in light of the applicant's concerns, if doing it that way still insures that everything is done within a final, it allows the building permits to be issued -- is the end result to the city the same, the security for the city the same, but allows the applicant a jump start? Canning: To be frank, it's not as easy. It's much easier if we wait until the final flat is done. And it generally runs a lot smoother. But we have done it, but -- we did it on the project at the corner of Eagle and the interstate where the old Shell station was. Sometimes we run into problems, but I think we have figured out how to do it. It's not our preference, but it isn't an insurmountable request either. With regard to the addressing on -- I don't think the applicant was proposing roads. They might have had one. So, we can work with Joe Silva on that issue, but -- De Weerd: So, I guess my question -- I don't know how to ask it. How did the decision get made to do the exceptions that you just referenced? Were there different stipulations in the finding? Meridian City Council July 10, 2007 Page 19 of 25 Canning: Madam Mayor, Members of the Council, sometimes folks ask you to be able to do a building permit prior to final plat approval. Sometimes they just apply for their certificate of zoning compliance and, then, they apply for the plat, so they are able to kind of get around it that way. As I said, like this project doesn't necessarily -- you don't have to do a plat with it. So, she could have applied for a certificate of zoning compliance for the whole project and, then, come in for the plat afterwards. So, sometimes that's how it happens. De Weerd: I think we are still confused. Thompson: Madam Mayor? De Weerd: Yes. Thompson: We do in the preliminary plat have the conditions for obtaining certificates of occupancy and it does say that all development improvements have to be complete, including water, sewer, pressurized irrigation landscaping. So, those type of things are in there and, then, the fire department already has as a condition that fire hydrants, temporary or permanent street signs, and access roads, with an all weather surface, those have to be in before combustible construction is brought on site. So, there is several conditions that cover, you know, things that we have to do. We can't just go out there and start building without water, you know, without having fire protection, but it's just -- and I'm not asking for addresses and that kind of stuff, it's just -- this says we have to be recorded before applying for building permit and my understanding of the recording process, once it gets approved, it has to go through all these steps and signatures and that's a quite lengthy process. But even being able to submit for a permit would give us about two months ahead of the schedule, even if we couldn't pull a permit. But as far as a CZC, it seems like just adding that the applicant has to meet all the terms of the preliminary plat would cover all those conditions. De Weerd: So, does that give you sufficient fallback, Len? Grady: Madam Mayor, I believe if it will -- if that's what Council wants, we can work with -- so that the applicant will not be granted a building permit until final plat signature, if that's what you want. I think we can make that work. De Weerd: Council? Rountree: Madam Mayor, a question for Anna or Len, either one. The issue is around comment number two. Are there words that can modify that particular comment to make this work? And staff's comfortable with not necessarily the rightness or wrongness, but the process? Grady: Madam Mayor, Members of the Council, I believe she should -- the applicant suggested rather than applying for -- in the bottom sentence change that to before Meridian City Council July 10, 2007 Page 20 of 25 obtaining a building permit and I think we can make that work. The rest of it would stay. De Weerd: Any other questions or comments? Rountree: No. De Weerd: Do I have a motion on Item No. 10? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for final plat for item No. 10, with a modification to comment number two to change the words that -- to apply before obtaining building permit -- allowing application before obtaining building permit. Borton: I'll second for discussion. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Allowing for the submission, but not necessarily obtaining -- Rountree: Yes. Borton: -- a building permit? Rountree: Yeah. Bird: That's fine. De Weerd: Any other questions? Discussion? Mr. Berg, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 11. Rountree: Joe has the words. You can go ahead. You have the words on this one. Borton: I was just clearing my throat. Madam Mayor? Meridian City Council July 10, 2007 Page 21 of 25 De Weerd: Mr. Borton. Borton: I move that we approve Item 11, FP 07-020, with the amendment to -- on comment number two, that may be permitted to submit for a building permit, not necessarily obtain a building permit. Rountree: Second. De Weerd: I have a motion and a second on Item 11. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from June 26, 2007: 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: De Weerd: Item 12 is a continued Public Hearing on PFP 07-011, for a preliminary/final plat approval. I will open this with staff comments. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing. Just to refresh your memory, this lot is in Vallin Court and the applicant is requesting to split the existing one lot into two. Those lots would be 8,900 square feet and 10,600 square feet. The primary purpose for continuing this item was to allow the applicant to commit to the conditions of approval before Council. And with that I will answer any questions you may have. De Weerd: Thank you, Anna. Was this continued because we want the applicant present? Rountree: Yes. Bird: Yes. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address. Walker: Greg Walker. 748 West Claire. De Weerd: Thank you. Do you agree with staff comments? Walker: Yes. Meridian City Council July 10, 2007 Page 22 of 25 De Weerd: Council, questions? Bird: I have none, Mayor. Rountree: Madam Mayor, I have a question and it mayor may not relate to this particular hearing, but adjacent to this subject site to the east is what appears to be another lot that's not subdivided. Are there intentions to subdivide that or is that going to be a community area or -- Walker: That is a community area. Rountree: It is a community area. Okay. De Weerd: Anything else, Council? Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the Public Hearing for PFP 07-001. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PFP 07-001. Rountree: Second. De Weerd: I have a motion and a second on Item 12 to approve. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. Meridian City Council July 10, 2007 Page 23 of 25 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Public Hearing: VAR 07-013 Request for a Variance to UDC 11-3E-4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 3,800 square foot tent for a parking lot sale for Joe's Sports. Outdoors and More by Joe's Sports, Outdoors and More located at 3415 North Eagle Road: (This has been Re-Noticed for July 17, 2007) De Weerd: Item 13 has been requested to continue on VAR 07-013. I will open this Public -- oh. Berg: Yes. Madam Mayor, just -- the notice needed to be changed or corrected, because it didn't have the information that was followed up and so we are -- they changed it. We did not change it. They changed the size of the square feet of the tent. So, we re-noticed it, but we did have a notice that went out with this date and we felt obligated to at least have it on the agenda to tell the people if they only saw the first sign, that it was changed. Nary: Madam Mayor, Members of the Council, since it's on your agenda you can do it by voice vote. Simply a motion to vacate it, like you did the other. You can do it that way. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate the hearing on Item No. - 13. Bird: Second. De Weerd: I have a motion and a second to vacate the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Tabled from June 26, 2007: Ordinance No. 07-1324: 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: Meridian City Council July 10, 2007 Page 24 of 25 Item 15: Ordinance No. 07.1325 : UDC Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations De Weerd: Item 14 and 15 are ordinances number 07-1324 and 07-1325. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1324, an ordinance for annexation of property being in a portion of the northwest quarter of Section 16, 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: Ordinance 07-1325, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations codified at Title 11 entitled Unified Development Code of the Meridian City Code and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard these ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinances 07-1324 and 07-1325, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Items 14 and 15. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. We are at the end of our agenda, it's just a few minutes after 8:00. Congratulations. Bird: This is a record. Meridian City Council July 10, 2007 Page 25 of 25 Rountree: Almost. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:06 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /J 11\\\l11Ifllli// WIll r&: ~IIII \ IJII II" de WEERD ~'\\'a~- """~ .; ~r(1~1; ~ :;; ~ 0 -:;." g /11--/ ~7 DATE APPROVED L1AM G. BERG JR., CITY CLERK