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HomeMy WebLinkAbout2007 10-16~~~ Meridian City Council Meeting October 16. 2007 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 16, 2007, by Mayor Tammy de Weerd.. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree David Zaremba, and Joe Gorton. Others Present: Bill Nary, Will Berg, Ann Canning, John Overton, Ron Anderson, Kyle Radeck, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Gorton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting. We appreciate you joining us. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Adoption of the Agenda: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Ralph. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd': Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor. He's with Cherry Lane Christian Church. If you will all join us in the community invocation or take this as a moment -- a time for a moment of reflection. Pastor. Taylor: Thank you. Father in Heaven, we are truly thankful to live in a country where we are free to express our opinions and ideas and, Father, we ask that you will just guide and direct this meeting tonight, that what is expressed here will -- will help this community to become what it's always been planned to be and that's just a nice place to live and we just ask this in Jesus' name, amen. De Weerd: Thank you for joining us. And I like your pin. That is very sharp. Meridian City Council October 16, 2007 Page 2 of 34 Bird: Isn't that a nice emblem. That logo is so nice. De Weerd: We have changed it. Berg.: It sure was. Rountree: It sure was. De Weerd: Yeah. It sure was. Bird.: I didn't say was. Item 4: Adoption of the Agenda: De Weerd.: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, Item No. J, the resolution number is 07-582. On the regular agenda, Item No. 8 about Jayker Subdivision, the request is to continue that until October 23rd. Likewise, Item 11, Canterbury Commons Subdivision, continue that to October 23rd. And the four items on Pinebridge, Item 12, 13, 14 and 15, are also requested to be continued to October 23rd. De Weerd: Do I have a second? Bird: I second it. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Bird: No. No. Zaremba.: Adopt the agenda. De Weerd: Adopt. Bird: The agenda, not -- De Weerd: Agenda. Oh, we are not at the Consent Agenda. All those in favor say aye. Thank you. That was a team effort, wasn't it. Item 5: Consent Agenda: Meridian City Council October 16, 2007 Page 3 of 34 A. Approve Minutes of September 11, 2007 Pre-Council Meeting: B. Approve Minutes of September 25, 2007 City Council Regular Meeting: C. Approve Minutes of October 2, 2007 City Council Regular Meeting. D. Findings of Fact and Conclusions of Law for Denial: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right-of-way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T-Mobile - 3100 East Florence Street: E. Second Addendum to Development Agreement: MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C-G District for Hamuton Inn & Suites Addition by Hotel Developers -Boise, LLC - 815 & 875 South Allen Street and 2870 East Freeway: F. Addendum to Development Agreement: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C-G zone and instead require design review approval of all commercial development in the C-G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC. -Northeast Corner of North Linder Road and West McMillan Road: G. Water Main Easement Agreement for Diamond Point Building by Syringa Properties: H. Sanitary Sewer and Water Main Easement Agreement for Creamline Park Subdivision by Ronald Van Auker: I. Water Main Easement Agreement for Lowe's (Overland) by Karcher Crossing: J. Resolution No. 07-582 Renewal and Amendment of Patio Lease at Generations Plaza: Meridian City Council October 16, 2007 Page 4 of 34 K. Task Order 3.0 -Operations and Maintenance Audit with CH2M HILL for $18,257: L. Pathway .License Agreement with Nampa & Meridian Irrigation District for Rushmore Subdivision: M. Agreement for Professional Services for Safety Manager / Consulting with Safety Enterprise, Inc. for $24,000: N. Personal Services Contract between the Citv of Meridian and Whitman & Associates. Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: O. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: P. Personal Services Contract between the City of Meridian and DMH, Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian; Q. Personal Services Contract between the City of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: R. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: De Weerd: Item 5. Zaremba: Madam Mayor, I move that we accept the Consent Agenda, noting that Item J is a resolution number 07-582 and ask the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? Rountree: None. Meridian City Council October 16, 2007 Page 5 of 34 De Weerd.: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: De Weerd.: There are no department reports. Item 7: Items Moved from Consent Agenda: De Weerd: Or items moved from the Consent Agenda. Item 8: Tabled from October 2, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: De Weerd: Item No. 8 was requested to continue. I need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8 to October 23rd. Bird: Second. De Weerd: I have a motion and a second to approve Item 8. Mr. Berg, will you, please, call roll. I'm sorry. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Not to approve, but to continue. Item 9: Tabled from October 2, 2007: FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Baraya Subdivision No. 1 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: Item 10: Tabled from October 2, 2007: FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 Meridian City Council October 16, 2007 Page 6 of 34 acres in an R-4 zone for Baraya Subdivision No. 2 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: De Weerd: Item No. 9 is tabled from October 2nd. We did receive comments from the applicant. They were in agreement with staff comments. Do you have anything further, Anna? Canning: No, ma'am. De Weerd: Council? Bird: Madam Mayor? De Weerd.: Mr. Bird. Bird.: I move that we approve FP 07-030 for --and FP 07-031. Rountree: Second.. De Weerd: I have a motion and a second to approve Items 9 and 10. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Tabled from October 2, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: De Weerd: Item 11 is tabled from October 2nd also requested to be continued. Bird: Madam Mayor? De Weerd.: Mr. Bird. Bird.: I move we table FP 07-032 to October 23rd, 2007. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 11. All those in favor say aye. All ayes. Motion carries. Meridian City Council October 16, 2007 Page 7 of 34 MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from October 2, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Item 13: Continued Public Hearing from October 2, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Item 14: Continued Public Hearing from October 2, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road.: Request to Continue Public Hearing to October 23, 2007 Item 15: Continued Public Hearing from October 2, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 De Weerd: Items 12, 13, 14 and 15 on Pinebridge, have also been requested to continue to 10/23. Next week is going to be a long meeting. Bird: I was going to say that's -- Berg: That's my scheduled day off, isn't it? De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I move we once again continue AZ 07-006, RZ 07-010, PP 07-008, and VAR 07-007, to our regularly scheduled meeting of October 23rd. Rountree: Second. Meridian City Council October 16, 2007 Page 8 of 34 De Weerd: I have a motion and a second to continue Items 12 through 15 to 10/23. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes. Borton: In regards to that, that continuance -- this came up when we were doing the agenda is this particular project's been continued three, maybe four times, for a variety of reasons. Regardless of the reason why, there has been some discussion if at some point we are going to require the applicants to re-notice the property and kind of start from scratch. We don't have a room full of people here who are, again, disappointed with another continuance, but it's not a policy that I think we should ignore. If people are coming back and we continue it a week and, then, another week and another week and another week -- at some point we might want to look into, you know, you get one or two bites at the apple and, then, you're going to re-notice, just to avoid the public missing an opportunity to come in and present testimony, so -- it's not specific to this application, but just a concern that we had when we were talking about the agenda on Friday. De Weerd: And that's a valid point. Anna, are they going to be prepared to address this next week? Canning: Madam Mayor, Members of the Council, the reason they requested the continuation was because Blue Cross of Idaho took an interest a little bit later than normal and didn't have comments during the Planning and Zoning Commission period, so they had asked Pinebridge to table it. When it was continued to this day, they -- they had asked that it be continued to this day, but Blue Cross of Idaho wasn't able to come today, so they had to ask for it to be continued again. So, it's been a variety of reasons. This one was unusual in that it was actually a neighbor that requested the continuation and the applicant consented. They were prepared to go forward today, so -- De Weerd: Okay. Canning: It may get continued again, though, to be truthful. They are having a difficult time working some issues out, which they'd like to resolve before they come to you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, some of you have gotten some contacts from Blue Cross about this particular project and my recommendation was not to meet Meridian City Council October 16, 2007 Page 9 of 34 with them separately, since there is a Public Hearing process that's ongoing. Maybe it would be wise to set this over for more than one week. I did send a letter back to Blue Cross's CEO today indicating we -- I certainly would be happy to meet with them as well on behalf of the city, rather than putting the Mayor and the Council in that position that's troublesome, based on the current state of the law in Idaho. So, maybe it would be best to set this over more than one week. I don't know if Pinebridge has a time issue, but it might make more sense to set this over at least two weeks or even three, just to assure we can get these issues resolved.. I don't know if Mrs. Canning has any other insight as to the timing issue, but -- Canning: I'm trying to remember. We had a meeting with Dan Torfin and I think they were fairly flexible. That's all I can remember. They are eager to move forward. This -- this particular project I think, actually, started and has been continued before Mr. Borton was even on the Council. It's been going for a long time. So, I think they are eager to get it rolling., but another week or two doesn't seem to matter to Mr. Baker all that much, I don't think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I feel that if Blue Cross has got any objections, they have had plenty of time to bring them forward and I know there is other tenants -- or .property owners along there that would like to see that get taken care of, so I think we ought to bring it on next week and let's -- we have waited long enough. Let's get it going. That's my personal opinion. De Weerd: Is that the consensus of Council? We have already moved to continue it until next week. Bird: Yeah. That's -- that's my preference. Rountree: That would be my preference as well. Canning: Madam Mayor, Members of the Council, just to respond to President Gorton's comment, we are seeing a lot more continuations. I'm sure you have noticed. It's just been -- it seems like it's every week. I have been thinking about it, because it concerns me, too. I mean it screws up everybody's agenda. There seems to be three different reasons. One is noticing. A lot of people are missing their noticing. There is something we could do about that, we could charge folks to put up the notices. We have been reluctant to do that, especially when we were so busy, it's just -- it's a chore. We, basically, would hire a sign company to do it. But that is an option. It would decrease those continuations. The other one is there just -- even though we have seen a slow down in the economy, the projects that are coming through right now are big and complicated and they are just taking awhile to get all the details worked out. And, then, Meridian City Council October 16, 2007 Page 10 of 34 , the third -- I thought there was a third reason, but maybe there is not. The third just seems to be the applicant for whatever reason wants to continue it, because they can't make it. But there are a variety of reasons. It doesn't seem to be one reason overall. But I just thought I'd comment, since Mr. Borton brought it up. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we are on the subject and I don't know if this is appropriate now or whether we should put it on the agenda for discussion, but the impact of the signs that are put on property are lost to some extent because so many properties have a notice on them that's from like two years ago. We have property notice signs all over the city and whether or not somebody notices when a new one goes up or not, there are so many old ones still around that I'm thinking that we should have something in the ordinance that gives them the time limit after the Public Hearing for when they have to remove the sign. I don't think we have anything like that. Canning: We do. Zaremba: So, do we need some enforcement or -- De Weerd: Who follows up on it? Canning: I'm sure that Mr. Overton -- or Lieutenant Overton is madly scribbling down that code enforcement needs to -- Gorton: Unfortunately, enforcement means somebody has to drive around and read every sign and decide whether the time has passed or -- De Weerd: Well, I think maybe if it's possible, Anna, your -- your department can generate that list for code enforcement, if you have a tracking mechanism. And we talked kind of about that in our directors' meeting today about utilizing a better tracking program that IT has developed. So, maybe that can help. De Weerd: Okay. Zaremba: Thank you. Item 16: Public Hearing: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C-G zone for Minert Plaza by Specialty Contracting, LLC - 623 East Shiller Lane: Meridian City Council October 16, 2007 Page 11 of 34 De Weerd: Well, Good discussion. Item 16 is a Public Hearing on SHP 07-006. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Minert Plaza. It's located at 623 East Schiller Lane on the west side of South Stratford Drive, and if you're having a hard time locating it, my window is right there. So, it's just north of the planning department and building department offices and Public Works. Oh, yeah. Public Works. So, the application before you is a short plat. Now, you may be wondering why we are having a Public Hearing on a short plat when you have never had one before. This is, indeed., the first time you have had a hearing on a short plat. We have adopted the short plat process with the Unified Development Code. Originally, we had them in as an administrative plat. As we looked at state code we realized that you all needed to sign it, so we were putting them on your Consent Agenda for your approval and, then, as we looked at it further and as we -- we did the last code amendment, we realized they needed to be a Public Hearing,. So, they are a Public Hearing before you tonight. They are required to notice, so we have done the notice, but they are not required to post the property, so if you go around looking for a posting on these, they aren't done. Now, short plats are very minor subdivisions. If it hasn't been previously platted they can only do a -- basically a lot split from one parcel to two lots. If it's a previously platted lot, they can do up to four lots. So, that was all just background on short plats, since this is your first hearing on one and we will move onto the meat of this application. They are proposing three commercial building lots on .98 acres in a C-G zone and this was previously platted as Lot 10, Block 2 of Honor Park Subdivision No. 3. Staff is recommending approval. The subject property meets all the applicability requirements for a short plat. We have received no written testimony on the project. We did -- the applicant has provided a written agreement with the conditions. They would like to delete condition number one, which pertains to the previous preliminary plat and final plat approval. Staff concurs that deleting condition number one is appropriate given that there are no outstanding conditions of approval. With that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions? Rountree: I have none at this time. Bird: I have none. De Weerd: Is the applicant here? Bailey: Madam Mayor, Council Members, I'm David Bailey, Bailey Engineering, 1472 East Iron Eagle Drive in Eagle, representing the applicant on this and I concur with everything Anna said and I don't have anything additional to say for once. De Weerd: Good job. Council, any questions for the applicant? Meridian City Council October 16, 2007 Page 12 of 34 Zaremba: Madam Mayor, this may be for both the applicant and Anna. Is there any desire or any interest or any way to maybe have across-connection between the two properties or is that not desirable? Canning: Madam Mayor, Members of the Council, I made sure that staff researched this -- this question thoroughly, because I wanted to make sure there wasn't an opportunity to perhaps better the horrendous parking situation in the building we now lease, but when that CZC was done there was no cross-access requirement. We did contact the land owner. They have no interest in losing three parking spaces. So, we did what we could to try and better the situation, but we really didn't have many opportunities. When it's -- when the properties take access from arterial roadways, then, it becomes critically important to make sure we get those cross-access. Here we have commercial streets and collectors, so it really wasn't as necessary and the design of our parking lot really is deficient. So, actually, putting more people in that situation probably isn't the best way to go. Zaremba: Thank you. Bailey: If I can add just briefly, we, of course, discussed this in advance and talked about it, but we did try to make the layout so if we ever changed our mind in the distant future, they are just parking spaces and that could happen, I suppose, at some point in the future, so we didn't want to block that off from ever happening. But we weren't able to work it out at this -- at this point to make it happen with the property owner. Canning: The access to Stratford is just an emergency access. There is bollards at the end of that one. Bailey: Thank you. De Weerd: Thank you, David. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, any further information needed from Council? Bird: I don't. Rountree: I have none. De Weerd: Staff? Canning: No, ma'am. De Weerd: Okay. Meridian City Council October 16, 2007 Page 13 of 34 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: Hearing that, I move we close the Public Hearing on SHP 07-006. Zaremba: Second.. De Weerd: I have a motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve SHP 07-006 with staff and applicant comments. Rountree: Second. De Weerd..: I have a motion and a second to approve Item 16. Any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlauist Gateway by Timberline Surveying., PLLC - Southeast Corner of East Franklin Road and North Eagle Road.: Item 18: Public Hearing: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right- of-way on Eagle Road for Gardner Ahlauist Gateway by Timberline Surveying, PLLC -Southeast Corner of East Franklin Road and North Eagle Road: Item 19: Public Hearing: VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for Meridian City Council October 18, 2007 Page 14 of 34 Gardner Ahlquist Gateway by Timberline Surveying, PLLC -Southeast Corner of East Franklin Road and North Eagle Road: De Weerd: Items 17, 18 and 19 are Public Hearings on MI 07-012, VAR 07-018, and VAC 07-012. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gardner-Ahlquist project. It's located at the southeast corner of Eagle and Franklin. The applications before you tonight are a DA amendment, a variance, and a vacation request. The highlights of the proposed development -- I'm going to go through them by each application. It's a little easier to follow on this one if I do it that way. For the variance, basically, if approved the variance -- the landscape variance would allow the applicant to count up to 35 feet of the adjacent Idaho Transportation Department right of way toward the required street landscape buffer along North Eagle Road. Now, it's not always 35 feet, but it's up to 35 feet. It would also allow for a reduction in five feet for a limited portion of the required street buffer. Let me find that for you. There is the landscape plan. Staff does recommend approval of the variance. This is similar to other landscape variances that you have approved along Eagle Road. With regard to the vacation application, the easements proposed to be vacated were created on the Montvue Park Subdivision plat and include all utility, drainage, and irrigation easements for Montvue Park Subdivision under the ownership of the applicant. The easements are no longer needed for the proposed commercial subdivision. And, again, staff recommends approval of the vacation application. Finally, the development agreement modification. The applicant requests to modify several provisions of the recorded DA and I think we -- we knew this has been coming for awhile, so it wasn't a surprise that they came back. There was some issues trying to get the first two done. They were broken apart and we wanted to consolidate them, so we have been expecting this DA modification. The two existing DAs would be replaced with one agreement containing provisions that apply to the overall development. Staff compared the two existing DAs and made sure that all the applicable provisions of the Gardner-Ahlquist Gateway South DA have beeri included in the proposed modifications to the Gardner-Ahlquist Gateway DA. So, we did double- check and made sure that we caught everything. The applicant has requested that various sections be modified to reflect the developer information, instead of the owner information. The Ada County tax assessor's records indicate that Meridian Medical Plaza, Gardner Ken C. Family Partnership, Joseph Verska, and Samuel Yorgenson all own lots within the development. Staff does not support -- does not support this requested modification. Because the DA determines how the property will develop in the future and it's tied to the land, all of the owners of the property must sign the agreement and this is just how you have always done it. I mean the development agreement is always with the owners, not with the applicants, so -- the applicant has also requested that provisions number 5.1.6 be modified to allow between 300,000 to 400,000 square feet of office space, 52,000 to 74,000 square feet of retail space, and 140,000 to 200,000 square feet of hotel consistent with the concept plan approved for this development with the Gardner-Ahlquist Gateway South and be required to have a Meridian City Council October 16, 2007 Page 15 of 34 minimum of 13 buildings within the development, nine on phase one, which would be the Gardner-Ahlquist Gateway, and four on phase two, Gardner-Ahlquist Gateway South. Staff does support the requested change. Additionally, the applicant requests an increase to the maximum square footage allowed for single buildings to 225,000 square feet. Staff supports this request with the added provision that no building footprint shall exceed 75,000 square feet. The applicant has also requested to modify the proposed height of the hotel through the DA process. It was allowed to go up to 100 feet through the DA process. They are now seeking additional height, but we are not supporting that request. These were the previous elevations that were approved with the DA and we are recommending that they be, again, tied to this development agreement. And I have two clarifications on my note and one is with regard to the elevations. The other was with regard to the legal descriptions included in Exhibit 8.7 of the staff report, which says both the northern and southern portions of the development agreement should be included in the DA to replace the original legal description for the northern portion of the development. Again, we are just trying to make sure we got the right attachments for everything. We have received no written testimony since the staff report and I have noted the outstanding issues as I went along, rather than here at the end, so with that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions? Bird.: Not at this time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Remind me, if you would, about the right of way. Are we considering another development's proposal to add a lane on each side of Eagle Road and is the 35 feet we are talking about going to conflict with that? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, if you look on the -- the left drawing shows the two through lanes and the right-hand turn lane, so we have got that pinned down, we know where that edge of curb is going to be and we have -- again, the required landscape varies through there, but it is in that northern portion of the site that they get short five feet. I'm not concerned about the five feet missing. That's something that, typically, I can take care of in an alternative compliance, but since we have this application before you, we just decided to lump it all together. So, it's not uncommon for there to be a little variation as you get near intersections in the required width. So, I think we have -- we have checked all those things and I think we are good. Zaremba: Thank you. Meridian City Council October 16, 2007 Page 16 of 34 De Weerd: Anything further? Is the applicant here? We are getting used to seeing you here. Ahlquist: Madam Mayor, it's nice to see you again. City Council. There is just a couple comments Ihave -- De Weerd: Excuse me just a moment. If you will, please -- Ahlquist: Oh, address. De Weerd: -- state your name and address. Ahlquist: Tom Ahlquist, 1391 West Wainwright, Boise, Idaho. De Weerd: Thank you. Ahlquist: A couple of comments for clarification. Just -- there were a couple of errors. We have been through three different planners through the process and because of our land acquisition we had two subdivisions, which every time I have been here we have mentioned this and it continues to create some issues for us. With our first DA that came out, there were several gross errors, specifically in building square footages, that were -- were -- for example, a square foot -- the square footage of the base plate was actually listed as the total square footage of a building. There were just several errors and our other conflict was is we showed a site plan per Council's request of everything, so there were conflicts in -- in subdivision one, subdivision two and how those all got counted as we have come through. The advice of Council was we will clear all this up during the DA modification where we combine these two. Our site plan and the buildings we have been proposing have stayed the same. However, we do have a tenant, our hotel user, they are a very dynamic group and I am certain they will build the nicest hotel in Idaho, but they are -- their architects are not in the state of Idaho and it's been a little difficult to nail them down on exact square footages, they have redesigned their hotel twice, they really want this to look good. So, ten weeks ago when we presented the DA mod to them -- for -- to make it to this Council meeting, we left a wide range of square footages, footprints, heights, in order just to accommodate that one building that we weren't sure what the size would be. Talking to them just yesterday, I think we now have exactly what they need and exactly how big it will be at this point. It has caused some -- some strained relations with our neighbors to the north as well, because in their mind we submitted a DA modification that greatly increases our square footage and uses of the corner. We are prepared -- and next week we will be turning in applications for building permits on five of our buildings. We are set on our site plan and on the square footages of all of these buildings, both in footprint and in height, and can review those tonight if we need to, but they are set. There is some confusion when you read through and it looks like we are greatly increasing what we have been proposing throughout this process, but I just wanted to make that point, because I think Meridian City Council October 16, 2007 Page 17 of 34 it is important to St. Luke's, who is here tonight. Secondly, we do need a little bit more clarification -- we have talked about the Center Cal proposal to increase to three lanes. What we have shown and what we are requesting tonight for that variance includes that third lane and accommodation of that third lane. The last time we left Council meeting, there was the discussion of how do we construct this, do we construct it at ultimate build out, meaning do we accommodate for that third lane as we build this out now or do we wait and it was kind of left at a staff level decision. Now, our DA mod tonight, it's -- the way it's written it would be that we would build it currently out as the third through lane, even through we are a little ahead of that game. So, I would like a little more flexibility there to at least work with staff as the next two or three months roll on that we are not committed to build that out if things fell through or it does -- it does -- it's still a moving target a bit for us, even though everything you have seen in our application and our drawings accommodate for that third lane. And I think our preference would be to build that out, so that they don't come in and tear up what we have just done, but that's not solely our decision, we have got to work with ITD, they are going to have to move one of their drainage sites, we have got to figure out how all that will work on that corner and I'm just not sure that all that will be in our control. So, that's probably the only -- only real point of clarification that -- that I was looking for. Other than that, I think with what Anna's presented -- we are fine without the height variance. I understand -- we put in an extra 50 feet, but that's because I didn't know the size of the hotel and I wanted to be safe. It's 112 feet, the hotel, to the top floor, instead of 100 feet. But, again, that was kind of a moving number and that was the only reason for that was to try to accommodate for them and at the time I didn't know if parapet and HVAC equipment counted.. We have clarified that. So, the final tallest building in our development would be 112 feet and that was the reason for that height variance. I understand that it would be cleaner for us to go through a CUP process for that, so we will do that. And so we are not requesting any change to the height that went fhrough the first time. With that I will take questions. De Weerd: Well, I wish we could give you the answers to the Eagle Road scenario. Right now we have it through public process at the Compass, doing their air quality and mitigation studies. It does have to go through the process to be added to the long range plan, so they are -- and I believe I learned today that process would probably be January when it went to the board. So, January is really the target date for knowing what the ultimate plan will be for that, so -- and that's the best information we can give you at this point. Ahlquist: Okay. De Weerd: But, Council, do you have any questions? Bird: I don't. Gorton: Madam Mayor? Meridian City Council October 16, 2007 Page 18 of 34 De Weerd: Yes. Gorton: Tom, a question for you or maybe Anna. When you make reference to a through lane, is the design different, it being a through lane versus a right turn lane. Are we talking about two different things? Canning: It's two throughs and a right, which is what they have got shown. Ahlquist: It's a little hard to see here, but what we have -- we have three through lanes - Borton: Okay. Ahlquist: -- and, what we have put in there is a right turn lane -- Gorton: So, it's a through lane and the right turn. Ahlquist: What we could do when we construct this and what our traffic engineers have suggested that I think would work fine, is if build -- if we build out the right turn lane and leave the through lane hashed out, we could actually build the sidewalk to its ultimate configuration, have the turn lane there already and have the through lane ready to go. My only question and point is in the -- that would be great for us to do this, but that -- that requires cooperation with ITD and they have got a drainage facility right here that has to be relocated, so their input and approval will be needed for us to do that with the improvements we are doing now. But I do think it would be our preference. De Weerd: Well -- and didn't we decide at the last meeting that we could leave that at staff level to -- to adjust? I remember talking about it. Canning: Madam Mayor, Members of the Council, my recollection was we wanted it the right-hand turn lane. I'm of the -- I don't mind the staff flexibility, but we won't know -- given the timing that Mr. Ahlquist has expressed to me, I don't think we will know if the Center Cal proposal is going to fail before then, so I think we need to proceed assuming it's -- it's going to happen. Ahlquist: Madam Mayor and Council, would it be reasonable to say if ITD -- the only thing I worry about is getting in a little bit of a Catch 22 or where we are required to build it and they are saying., well, we don't even have construction drawings, it hasn't been through the process yet. I would hate for that to hold up what we are doing, not knowing how long that ultimate process is. Again, I think our preference is to do it, but - - but I do see a potential conflict there. Meridian City Council October 16, 2007 Page 19 of 34 Canning: Madam Mayor, Members of the Council, Mr. Ahlquist could always bond for it and come back for a development agreement modification. He's probably going to end up bonding for it anyway, just timing reasons I would suspect. Ahlquist: Okay. De Weerd: You know, that might be the cleanest way to do it. Mr. Nary. Nary: Madam Mayor, Members of the Council, the only thing I was going to say is I think we do letters of credit, I don't think we do bonds. Canning: Yes. Sorry, sir. Yeah. It would be for the other organization, but I'm not sure how they are going to resolve that one given their timing constraints that they have got moving forward anyway, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is the expectation -- the downstream developer has offered to build the wider road. Is the expectation that if he has to do it the downstream developer will pay him back? Canning: No. Because what the downstream developer gets paid back for is the money that they personally invest. It's not -- and they recouped that through sales tax on their own property. So, for Mr. Ahlquist to get paid back for the improvements he may be making, he would have to partner with Center Cal as on the Star project. De Weerd: And that would be -- Canning: It wouldn't be worth it. Yeah. De Weerd: You know, the problem here is the third lane both going south and north are not on the long range plan. So, it first has to go through that process to be approved -- Zaremba: Eligible. De Weerd: -- and adopted and, then, eligible. So, that's been -- that's been the biggest problem and biggest challenge to your time frame. So, that's -- that's why we -- that improvement, if Center Cal's Star legislation improvement wasn't being discussed, wouldn't be required, because it's not on any plan right now. So, he would be asked to be building it. Meridian City Council October 16, 2007 Page 20 of 34 Ahlquist: Madam Mayor, just to further emphasize that point, when we meet with ITD, they look at us and throw their hands up and say we don't have plans, we have never looked at it, you'll have to bring it to us, we don't know what this is going to look like, we don't know what the drainage is going to look like, so it, obviously, is important to the whole corridor, so we are wanting to do what's in the best interest of the city and our development, but it does become a little bit difficult to know just how to handle it. One of the things that Pamela just mentioned to me was, you know, one of the options would be to just leave it as is with the sidewalk where it is and landscape the area and have them make that improvement. In the grand scheme of that corridor it's a relatively small amount of money that's going to be required to move that over the 15 feet. So, you know, however Council wants to advise us. I just want to make sure we are in a position where we do what's expected, understanding that we don't have control over ITD. De Weerd: Well, if that -- if that improvement can be delayed as -- pushing that out as far as you can, I guess that would be the first preference. So, they don't have to remove anything that was just installed, but -- Canning: Madam Mayor, Members of the Council, those type of improvements are generally done concurrent with approval of the final plat. So, we don't have a mechanism for pushing them out, other than tying it to building permits or final plat. Typically it's final plat. So, we are anticipating that those improvements will be done with the final plat. De Weerd: Have you talked with Kittleson? If you will state your name and address. Hall: Pamela Hall. Timberline Surveying. 847 Park Center Way, Suite 3, Nampa. Actually, the last meeting that we had -- and we talked about this -- we agreed that we wouldn't be doing the improvement on the road -- building the road itself, what we would do is we would push the sidewalk back, so it wouldn't fall within that footage, which you see over here. De Weerd: Right. Hall: That's what cuts off the five feet from that one lot. And, then, we would go on, because ACRD also has a moratorium on Franklin Road, we don't know what's going to go on with ITD. If they wanted us to do it, we'd have to do all the civil design drawings -- who knows how that's going to get improved. As far as bonding, if Center Cal is the one that's going to be doing the roads, then, they should be the ones of doing the bonding, not my client. So, we have agreed in the development modification that we would push the sidewalk back, so that it wouldn't get ripped up if they did come in and do the future and, then, just cut our landscaping back just a little bit and that's how we are sitting right now. Meridian City Council October 18, 2007 Page 21 of 34 Rountree: I'm okay with that. Bird: I agree. Rountree: That works for me. De Weerd.: Yeah. Bird: Works for me. De Weerd: Mr. Nary or Mrs. Canning, any problem with that? Canning: No, ma'am. And that's the way it's written. That's fine. Rountree: That's the way it's written. Canning: Yeah. De Weerd: It is the way it's written. Hall: Yeah. In the development agreement, yeah. And we didn't have any problem with that, moving the sidewalk back, so -- De Weerd: Okay. . Hall: There was one other thing, if I could bring it up. The site plan that's in the development agreement is incorrect. I have a copy of the new concept plan -- excuse me -- that's in here. We have Exhibit A.8 and if we could switch that out, it's just incorrect in the development agreement than what staff had. Canning: Madam Mayor, Members of the Council, may I ask questions? De Weerd: Uh-huh. Canning: Is that the one you provided to staff with your application? We've had many many site plans and -- Hall: Exactly. I believe that they have had one before and because there has been many, I think that maybe the wrong one was submitted -- or put in with the package. Canning: And further follow up, Madam Mayor. So, are the numbers that we have -- Hall: The numbers are correct. Meridian City Council October 16, 2007 Page 22 of 34 Canning: The numbers are correct? Hall: Yes. The numbers are correct. There is nothing wrong. It's just -- Canning: Okay. Hall: -- there is a building on -- there is a lot location where it's not supposed to be. Canning: If you could get that to Mrs. Wafters tomorrow, that would be better than giving it to me tonight. Hall: Absolutely. Not a problem. I can do that. Thank you. De Weerd: Thank you. Ahlquist: Thank you. De Weerd: We will ask you to come back up. You have a question? Borton: Yeah. I don't know if now is the time, but, Tom, do you have a comment on the staff recommendation against the DA modification concerning developer versus owner? Ahlquist: No. I think that was a misunderstanding between me and our planners, is that we were doing chicken scratches and turning it in. Borton: Okay. Ahlquist: So, that was my fault. Borton: Okay. De Weerd: That was easy. I used my button. Nary: So, that means it won't be a problem getting the owners? Ahlquist: No. Not a problem. It was just -- it was just -- we were doing red lines and somehow it got turned in that way and I apologize. Nary: Thank you. De Weerd: This is a Public Hearing and I see Dave Miller here from St. Luke's. Would you like to provide testimony? If you will, please, state your name and address for the record. Meridian City Council October 16, 2007 Page 23 of 34 Miller: My name is Dave Miller with St. Luke's, 190 East Bannock, Boise De Weerd: Thank you. Miller: I just wanted to say St. Luke's is -- as we stated in our P&Z meeting -- in the last P&Z meeting., that we are generally supportive of this project. We believe that this is a quality project and somewhat complimentary to our business. Based on the information, though, available to us, it does look like the build out density has increased. We believe that the increasing density or mass of the project increases the amount of traffic generated. We have an agreement in place with Gardner-Ahlquist relative to traffic volumes and accessing our private road. We do not want to deny Gardner- Ahlquist access to our roads. This denial of access would force traffic to other routes of travel. We simply do not want to see the roadway system fail. We respectfully ask the City of to place a condition on the applicant that an updated traffic in impact study be provided., so that St. Luke's and the appropriate governmental agencies can study the impact of the traffic to the roadway system. Any questions? De Weerd: Council, any questions? Bird: I have none. Miller: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there any further testimony? Dr. Ahlquist, do you have further comments? Ahlquist: I -- sorry, Madam Mayor. I, unfortunately, wasn't able to talk to Matt or Dave before this meeting. I spent two hours with their traffic engineer on Monday and I do think that there are some issues we need to discuss and there is some argument over which TIS numbers fit. But I believe those can be worked out and we are submitting, based on our conversations with their traffic engineer on Monday, we are submitting -- resubmitting atraffic study that should reflect exactly what we have. A discussion that was had at that time was we'd have quite a bit less retail than we had before and the hotels slightly larger and our traffic engineers felt like that it would actually be less than we had in our first traffic study and I have not had a chance to talk to them about that since. But we will update that with St. Luke's and they are working on it currently. De Weerd: Any further testimony? Council, any further information needed? Bird: I don't. Rountree: I have none. De Weerd: Staff? Do I have a motion to close? Meridian City Council October 1.6, 2007 Page 24 of 34 Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more public input, I would move that we close the public hearings on MI 07-012, VAR 07-018, and VAC 07-012. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 17, 18, and 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Do I have a motion? Rountree: Madam Mayor, a comment. With respect to the last bit of testimony, it seems like the -- the answer's in the works, but we don't have it, which would relate to Item 17. I would throw out the consideration that we can reopen 17 and continue it for another week until that is taken care of, just -- just for discussion purposes. I don't know how the rest of the Council feels. De Weerd: Council, any opinion? Mr. Nary, do you have any comment? Nary: Madam Mayor, Members of the Council, it does sound like there is a few issues to work out and I think Councilmember Rountree certainly hit on a way to iron all those out. I think, as Dr. Ahlquist's testimony indicated was there was slot -- there was, I guess some initial confusion and some of these things and we knew we were going to be cleaning them up and I guess so that we don't see them again and have another amendment fhat might be the wisest. The only other thing I'd recommend is if you are going to continue this matter, at least to make sure these have worked out, you may want to reopen to continue, but move them all. If you approve two of them, it will probably -- something we get mislaid. So, if you're going to do that, you probably want to move all of them. Bird: Madam Mayor? De Weerd: Mr. Bird.. Bird: And if we -- if we need to decide -- if the rest of the Council wants to do that, I would just as soon open and continue all three of them, so that we don't have confusion going on and -- my question is -- other than the traffic, what is the -- what is the confusion in the development agreement -- that was the one thing between St. Luke's Meridian City Council October 16, 2007 Page 25 of 34 and the applicant over traffic on that road there at St. Luke's. I didn't know there was any other disagreement on the development agreement. Canning: Madam Mayor? De Weerd.: Anna. Canning: It's not a disagreement, but I would like the opportunity to review this site plan that they are proposing to add before it's added.. So, I wouldn't mind -- Nary: I think it's just for clarity, not -- Canning: Just for clarity. It's not an issue, but -- De Weerd: I guess in testimony it was suggested that we had already received it, but it's not the one that's in this packet. Canning: Correct. There was -- there are several versions of the site plan around for each DA modification through just different iterations and perhaps Sonya picked the wrong one. It sounds like Mrs. Watters picked the wrong one and -- I'm not trying to suggest that this site plan isn't okay, Ijust -- it would be nice to be able to see it to make sure we -- that we know what we have. That's all. De Weerd: Mr. Borton. Borton: Madam Mayor, in light of where this is headed., I'm going to move for right now to reopen Items 17, 18 and 19, those three public hearings. Rountree: Second. De Weerd: I have a motion and a second to reopen Items 17, 18 and 19. All those in favor say aye. Any opposed? I didn't hear you, Mr. Bird. Zaremba: Madam Mayor? Bird: You didn't? Rountree: He's still thinking. Bird.: I'm aye. I'm still thinking. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? Meridian City Council October 16, 2007 Page 26 of 34 De Weerd: Mr. Zaremba. Zaremba: I would comment for the record that between the time that we attempted to close it and when we reopened it, I don't believe anybody left the room and would not be beware of that. De Weerd; Okay. Borton: Madam Mayor? De Weerd: Mr. Gorton. Borton: Just to make local government kind of messy, but we trying to do it right. guess I'd ask the applicant to come forward, in light of what you're hearing about our comments, trying to make sure we have got our ducks in a row and what appear to be a couple of minor loose ends. I can tell you for one I don't have concerns with where this is heading and particularly the project, the three items in front of us, but if we move to continue it a week -- I know you have talked about building permit applications going in next week -- would be inclined to do it that way and do it right. Canning: Madam Mayor, Members of the Council, do you want to call a recess. Rountree: We could have a recess if you wanted to discuss it. De Weerd: Yeah. Would you like me to call a brief recess? Ahlquist: That would be great. De Weerd: We will reconvene at 8:00 o'clock. (Recess.) De Weerd: I will go ahead and call this meeting to order and, Council, any comments? Rountree: Comments from the applicant. Ahlquist: Madam Mayor and Council, I started my comments with this same problem, because I knew it would be an issue. If you look at the site plan and our DA mod, we went from a low range and a high range on all of our buildings however many weeks ago when we turned it in specifically for the purpose to give us flexibility during those several many weeks of trying to plan and do our buildings. I can tell you that the building permits that we have ready to turn in are at the low end of all of these and I can understand St. Luke's position that if we were to build out double what square footage Meridian City Council October 16, 2007 Page 27 of 34 we had on here, which was the range, that our traffic counts would be almost double that. After talking to Matt Bell, we are -- we are ready to commit to the low number on all of these ranges for every one of these buildings, because that's where we are at and that's what we will turn in. We have no problem with that, because our site plan will not change and at this point we know what's going in, whereas we didn't when we turned this in and I understand the confusion that caused. I guess their point, if that's approved that way, then, someone else -- or we could flip the property or somehow someone else could come in and build twice as much square footage, which would be a traffic problem. So, with that, as far as -- I'll let them speak to their side of it, but I think that we are ready to commit on this site plan that's part of this exhibit, to the low end of every one of these ranges as written in the development agreement modification and on the site plan. I was going to have an exhibit that showed those, but they -- they all have a range from five to eight thousand square feet. We are on the five end on -- on the low end on every building. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Do you have a copy of that site plan that you want to submit? Ahlquist: I have got -- Bird.: Why don't you submit that to the clerk and, then, as part of the public testimony, that way we got it. Ahlquist: Thank you. Rountree: Madam Mayor, question. We kind of have an issue in the state with language right now and I believe I understand what you said., but you didn't really say it. You said you're willing to commit. You didn't say you are going to commit, and if that was your intent, if you'd state that for the record, we don't have the intent language problem. Ahlquist: Madam Mayor, Councilman Rountree, we will commit to the low end on all of those and, again, I think it's a misunderstanding of circumstance and we appreciate your consideration. Rountree: Thank you. De Weerd: Thank you. We are just learning these things as we go -- Bird: Madam Mayor? Meridian City Council October 16, 2007 Page 28 of 34 De Weerd: -- and we may be a little jaded right now, but -- Ahlquist: Me, too. Bird: Madam Mayor? Doctor, would you come back up here? I also want -- I want you to commit that you won't -- if you turn it, that this development agreement will stay with the same square footage. This has been a -- De Weerd: You better not flip it, you know, or we'll -- Ahlquist: Madam Mayor, if you can show me one piece of property that Ken Gardner has flipped in his entire life, then -- he holds everything. He gets mad at me if I sell a lot. So, I commit we will not modify this development agreement and that we will build this out in the next year. Bird.: Thank you. De Weerd: Dean, you didn't have to type what I said. Yes, he does. You know, he still gets the last word., Matt. Bell: I'm well aware of that. He always gets the last word. De Weerd: If you will, please, state your name and address for the record. Bell: Matt Bell. 190 East Bannock Street. Boise, Idaho. I just wanted to make sure everybody was -- you know, Dr. Ahlquist and I clarified our misunderstanding out there. The City of Meridian had on record a range of buildings. The high end of those ranges would have made our private lane fail. I'm not concerned about that with Dr. Ahlquist and the existing developers, but if at any point in the future our private lane fails, we have got to close that private road and access to the development and I just want to make sure we prevent that from happening and I -- Dr. Ahlquist and I can go give each other black eyes out in the parking lot here a little bit later, but I want to make sure he's able to get his building permits on time and doesn't have to worry about that eventuality from ever happening. So, I think we have got that clarified. We don't necessarily need a -- our language thing here. We don't need a traffic impact study, we are comfortable with what we have talked about earlier in the week. So, St. Luke's is satisfied based on that conversation, assuming the traffic count that's in the existing agreement with the neighborhood. Bird: Thank you. Ahlquist: Thank you. De Weerd: Thank you. Any final word? That was the final word and you had it. Meridian City Council October 16, 2007 Page 29 of 34 Rountree: I'm not sure if you're going to let him get by with a comment about giving black eyes, because I would think that he would have to be awfully fast. Bird: Then, you'd have to take care of him anyway. Ahlquist: It's all business. De Weerd: It's new business. It's creating business. Gorton: Madam Mayor? De Weerd.: Yes, Mr. Gorton. Borton: The new Exhibit A-8 has been passed to all of us and I know Anna's got a copy of it. Does she have any comments, questions, concerns? Canning: Madam Mayor, Members of the Council, no, I don't have concerns. I'm not sure exactly what we are doing at this point, if we are -- if we are going down to the low number, we usually give a little bit of a range, just in case something happens during the process to allow them a little bit of room, but -- so, I just don't know if Mr. Ahlquist has any leeway in there or if that's a tight number or if we are leaving a range, I'm not -- I'm just not sure. I would rather give a small percentage increase that's allowed, just so we have a little bit of range there. Bird: I agree. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Would a bottom one-third of the range be sufficient to give you wiggle room? Ahlquist: Madam Mayor, our relationship with St. Luke's is important enough and this is a big enough issue -- we truly have building designs for all of these buildings. We have never intended to make this an underhanded or nothing more than a straight forward process for anybody and I'm looking through these numbers and I'm just fine with them. mean we are -- Canning: Okay. De Weerd: You feel it gives you the wiggle room you need regardless? Ahlquist: Yeah. It does. Meridian City Council October 16, 2007 Page 30 of 34 De Weerd: Very good. Bird.: Thank you. De Weerd: But your -- your advisor may not. He's the applicant. Ahlquist: Could I suggest just a percentage range, plus or minus ten percent, something like that, for simplicity? Rountree.: That's within prognostication limits, yes. Bird: Yeah. Ten percent, plus or minus. Ahlquist: Plus or minus ten percent. That would be good. Thank you. De Weerd: Okay. Canning: And, Madam Mayor, the wording I would prefer on that added condition would be the director may approve up to a ten percent increase on any individual building. De Weerd: Okay. Borton: That's good. De Weerd: If we are done -- are we? I hear nothing. I would appreciate a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings Items 17, 18, and 19. Bird: Second. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRfED: ALL AYES. De Weerd: Any discussion, Council? Do I have a motion? Meridian City Council October 16, 2007 Page 31 of 34 Bird: Madam Mayor? De Weerd.: Mr. Bird. Bird: I would move that we approve MI 07-012 with the new site plan, Exhibit A-8, the concept plan -- I can't read the dates on it. My eyes aren't good enough. With a ten percent plus or minus on the square footage of these buildings and to include all staff, applicant, and public testimony. Do I need anything else? I think that covers it. Rountree: Anna's ten percent. Bird: Uh? Rountree: Anna's ten percent. Bird: Yeah. I said ten percent, plus or minus, on the square footage. Rountree: Second. De Weerd: I have a motion and asecond -- and., Mr. Bird., I didn't see a date on here. They are X's. Unless I just failed my vision test. Bird: If you can read a date on there, your eyes are -- De Weerd: It is date stamped October 16th. Bird:: You're a lot younger, (realize -- yes, they are.. There is a date there if you can read it. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Even if we don't read the original date on the site concept, we do have a date stamp from the clerk of October 16, 2007. I believe all copies show that. Bird: Yeah. De Weerd: Okay. Zaremba: Madam Mayor, a clarification on the motion. The plus or minus ten percent, are you allowing that at the discretion of the director? Meridian City Council October 16, 2007 Page 32 of 34 Bird: Yes. That is part of the development agreement on square footage, as they have got listed on this site plan and she has got the right to either go minus ten or up ten. Zaremba: I missed the words director in your motion. Thank you. Canning: Madam Mayor, clarification? De Weerd: Okay. Canning: Two things. Can we reference the -- or did Council desire to reference the previous elevations and put them into this development agreement as well? If so, could you modify the motion? And also can we, in addition, to this hand drawn map that we have that the main purpose is the square footages, can we also get the revised site plan from the applicant that shows the building in the proper locations, the -- Bird.: If they would like to give that to you, the motion can sure show it. De Weerd: I think you want them to. Bird: We want it. Rountree: So, you have amended your motion? Bird: Yeah. I amended the motion. Rountree: Second agrees. De Weerd: To which? Rountree: The amended motion. Bird: The amended motion. De Weerd: Any further discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd,: Thank you. Item 18. Bird.: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 16, 2007 Page 33 of 34 Bird: I move we approve VAR 07-018., again, with the staff, applicant, and public testimony. I'll leave it at that. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. Any discussion? Hearing none, Mr. Berg. RoJI-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRLED: ALL AYES. De Weerd: Item 19. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, VAC 07-012. Bird: Second.. De Weerd: I have a motion and a second on Item 19. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRIED: ALL AYES. De Weerd: We are at the end of our agenda and it's 20 minutes after 8:00. Rountree: Madam Mayor? De Weerd: I would entertain a motion to adjourn.. Yes. Rountree: So moved. Bird: Second. De Weerd.: All those in favor? MOTION CARRIED: ALL AYES. Meridian City Council October 16, 2007 Page 34 of 34 MEETING ADJOURNED AT 8:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYO R TA De W EERD \,,.~` ,~~ ~~~ ;;,1 ;` ~ ~ t Fo ESTE •'~~T13~• Q, ~1 20 / o ~ DATE APPROVED G. BERG JR., CITY CLERK