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Home My WebLink About2006-01-10`QI~ Qos+ ~~bb~ No+~cx~ - l~a.n.erl~ c~~~ ®~ ~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 10, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter, " 1• Roll-call Attendance: Shaun Wardle Charlie Rountree - Joe Borton Mayor Tammy de Wee d h Bird 2• Pledge of Allegiance: 3• Community Invocation by Pastor Craig Flinn, with Meridian Alliance Group: 4• Adoption of the Agenda: 5• Consent Agenda: A• Resolution Board Members and Alternatessttol~ th~eg Valple~nt Rec Tonal Transportation Authority: -y ~ B. Ig1l~nnf n..,.,._rW-- _-- Update P- C. Pro'ect with Carollo Engineers D. Order No. 4 with Carollo Engineersi 6• Department Reports: ~-• Mayor's Office Meridian City Council Meeting Agenda -January 10, 2006 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Plan 1 • Aapointment of Mito Alonzo and iohn Nesmith to Parks Commission. B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Cost Issues: C. Public Works Department -Len Grady 1• Water Service for Sevoy Antique Store: D. City Attorney -Bill Nary 1. Discussion of Vicious Do Ordinance: 7. Items Moved from Consent Agenda: 8• Request for Release of Lighthouse Ridae Subdivision from the City's Referral Area by The Land Group: 9. Tabled from January 3, 2006: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Cam us Subdivision by Ada County -south side of East Pine Avenue and west of Locust Grove: 10. FP 05-075 Request for Final Plat a building lot consisting of ten 4-plexes and 6 commerciarl office bu Id'ng lots ton 5.4 acres in R-15 and L-O zones for Westborouah Sauare Subdivision by JLJ Enterprises, Inc. - 6015 North Jericho Road: 11. FP 05-077 Request for Final Plat approval of 27 residential building lots and 4 other lots on 7.89 acres in a R-8 zone for Caymus Cove subdivision by Landmark Engineering and Planning, Inc. -south of West McMillan Road and east of North Ten Mile Road: 12. FP 05-076 Request for Final Plat approval of 310 residential building lots and 49 common lots on 88.09 acres in a R-8 zone for Messina Meadows Subdivision No. 1 by Briggs Engineering, Inc. -west of Eagle Road and north of Amity Road: 13. Public Hearing: PP 05-054 Request for Preliminary Plat approval of 22 building lots and 1 other lot on 15.35 acres in an L-O zone for Touchmark Center Subdivision by Touchmark of the Treasure Valley -southwest comer of Touchmark Way and Franklin Road: 14. Public Hearing: CUP 05-050 Request for a Conceptual Conditional Use for office uses on 15.35 acres in an L-O zone for Touchmark Center Meridian City Council Meeting Agenda -January 10, 2006 Page 2 of 3 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Subdivision by Touchmark of the Treasure Valley -southwest corner of Touchmark Way and Franklin Road: 15. Public Hearing: MI 05-016 Miscellaneous request to modify the recorded Development Agreement for Resolution Subdivision by removing Lot 7, Block 1, from the requirement to obtain a Conditional Use Permit prior to operation and construction of an office building by Conger Management Group - 2045 East Overland Road: 16. Public Hearing: VAR 05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC - 4132 East Race Street: 17. Public Hearing: AZ 05-046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road: 18. Public Hearing: PP 05-049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road 19. Public Hearing: AZ 05-042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: 20• Public Hearing: PP 05-043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: 21. Public Hearing: CUP 05-044 Request for a Permit for a Planned Development for Medford Place Subdivlision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC - 3335 South Eagle Road: 22• Public Hearing: Exchanae of City-owned Proaerty and Priva+ Pr- °~ located at 55 E Broadway Avenue. elv Owned 23. Ordinance No. Ordinance Authorizing the Exchange of Property: 24• City Council President -Election of Officers for City Council: 25. Executive Session per Idaho State Code 67-2345(1)(c): Meridian City Council Meeting Agenda -January 10, 2006 Page 3 of 3 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~~ CGMMUN I CAT I GNS GRT ~c~ AS GF JAN 06 '06 17:32 PAGE.01 CITY GF MERIDIAN TOTAL PAGES TOTAL TIME SEND : 0090 RECEIVE : 0000 SEND : 00°29'29" RECE IVE : 00°00'00" 01 DATE TIME T0~'FRGM 01.06 11:27 208-489-7630 MGDE MIN.~SEC PGS CMD# STATUS 02 01.'06 11:34 PUBLIC WGRKS EC--S 01'07" 003 125 OK 03 01.'06 11:36 8848723 EC--S 00'51" 003 127 OK 04 01'06 11:37 8841159 EC--S 00'51" 003 127 GK 05 01'06 11:38 2088840744 EC--S 00'51" 003 127 OK 06 01.06 11:40 PGLICE DEPT EC--S EC--S 00'52" 003 ' " 127 OK 07 01'06 11:41 LIBRARY EC--S 00 50 003 ' " 127 GK 08 01.'06 11:43 IDAHO STATESMAN EC--S 00 51 003 00'50" 127 OK 09 01.06 11:44 P-AND-Z EC--S 003 00'50" 003 127 OK 10 11 01.06 11:45 FIRE DEPT 01'06 11:47 EC--S 00'50" 003 127 127 OK OK 12 208 888 2682 01x06 11:48 208 387 6393 EC--S 00'51" 003 127 OK 13 01'06 11:50 RDR CTY DEVELMT EC--S 00'50" 003 0 127 OK 14 01'06 11:51 LAKEVIEW GGLFCOU G3--S 01 '47" 003 15 01.06 11:54 ID PRESS TRIBUNE EC--S 00'51" 003 127 GK 16 01.06 12:05 VALLEY TIMES ----5 00'00" 000 127 GK 17 01'06 12:05 SANITARY SERVICE ----5 00'00" 000 127 BUSY 18 01'06 17:09 3810160 EC--S 01'40" 003 127 BUSY 19 01.`06 17:11 PUBLIC WGRKS EC--S 01'00" 003 129 GK 20 21 01'06 17:12 8848723 ' EC--S 00'59" 003 129 129 OK 22 01. 06 17:14 8841159 01.06 17:16 2088840744 EC--S 01'00" 003 129 OK OK 23 01.06 17:17 PGLICE DEPT EC--S 01'02" 003 129 GK 24 01.'06 17:19 8985501 EC--S 01'00" 003 129 OK 25 01.'06 17:20 LIBRARY EC--S 00'59" 003 129 GK 26 01.'06 17:22 2083776449 EC-S 01'00" 003 129 GK 27 01'06 17:23 38$6924 EC--S 00'59" 003 129 GK 28 01.'06 17:25 P-AND-Z EC--S 00'59" 003 129 GK 29 01.'06 17:26 FIRE DEPT EC--S 01'00" 003 129 OK 30 01'06 17:28 208 888 2682 EC--S EC--S 00'59" 003 ' " 129 OK 31 01.06 17:30 208 387 6393 EC--S 01 00 003 00'59" 129 GK 32 01.'06 17:31 ADR CTY DEVELMT EC--S 003 01'00" 129 OK 003 129 GK ** Tx TION REPORT ** RS OF JAN 06 '0632 PAGE, 01 CITY OF MERIDIAN 18 DATE TIME TOiFROM 01106 17:09 3810160 MODE MINiSEC PGS CMD# STATUS 19 01106 17:11 PUBLIC WORKS EC--S 01 40" 003 129 OK 20 01186 17:12 8848723 EC--S 01'00^ 003 129 OK 21 01106 17:14 8841159 EC--S 00'59^ 003 129 OK 22 01106 17:16 2088840744 EC-S 01'00" 003 129 OK 23 01106 17:17 POLICE DEPT EC--S 0102^ 003 129 OK 24 01106 17:19 8985501 EC-S 01 00" 003 129 OK 25 01106 17:20 LIBRARY EC-S 00 59" 003 12g OK 26 01106 17:22 20B3776g49 EC--S 01'00" 003 129 OK 2? 01106 17:23 3886924 EC--S 00'59" 003 129 OK 28 01i0b 17:25 P-AND-2 EC--S 00'59" 003 129 OK 29 01106 17: 26 FIRE DEPT EC--S 01'00" 003 129 OK 30 01106 17:28 208 Bgg 2682 EC--S 00'59" 003 129 OK 31 01106 17:30 208 387 6393 EC--S 01'00" 003 129 OK 32 01106 17:31 ADA CTY DEVEIMT EC--S 00'59" 003 129 OK - ' - - ~- EC _S- 01'-00"'003 -` 129 - pK `Qlec~ }~os+ ~ i'ubbc No~cc, - ~ rt~u~r.~ Y _ • CI'~Y ®F ~RZDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 10, 2006 at 7;00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho °Although the City of Meridian no Jonger requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter, ~• Roll-tali Attendance; Shaun Wardle Joe Borton Charlie Rountree Mayor Tammy de Weems Btrd 2• Pledge of Allegiance: 3• Community Invocation by Pastor Craig Flinn, with Meridian Alliance Group; 4• Adoption of the Agenda: 5• Consent Agenda: A• Resolution Establishin A Board Members and g PPointments for Alternates to the V• alley Reoyo~al Traps ortation Aut on ; B• Bud et Arne dment for Wastewater Treatment Plant Facilit Pian Update Protect: C• Contract for Wa ewater Treatment Plant Facili Plan U date Proeec with Carollo Engineers; ~• Contract for Wastewater Trea ent Plant Ex ansion Protect Task Orde-- r No• 4 with Carollo Engineers: s• Depa-trnent Reports: A• Mayor's Office All ^~~ri ~dP esented at pubU'c me~ay~s~ -January 10.2006 Page 1 of 3 Anyone desiring accommodation for tiisabt7i6es~re1 d to docrumen~ aand/w pea nn9n. Please contact the Cily Cterk's Office at 888.4433 at least 48 hoots prier to the public meeting, ** TX COM _ ON REPORT ** AS OF JAN 06 '0S"17:39 PAGE.01 CITY OF MERIDIAN 01 DATE TIME TO/FROM 01/06 17:33 2088885052 MODE MIN/SEC PGS CMD# STATUS 02 01/06 17:34 LAKEVIEW GOLFCOU EC--S 01'00" 003 129 OK 03 01/06 17:37 IDAHO ATHLETIC C G3--S EC--S 01'53" 003 ' " 129 OK 04 01/06 17:38 ID PRESS TRIBUNE EC--S 00 59 003 01'00" 129 OK ---- ----------------- 003 129 OK `~~ ~c }gyp s~' f-b' ~'Ubll G NO~C~ - I ~ IGU~~J _ CY7CX ®F ~R~DIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 10, 2006 at 7:D0 p,m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the pr®senter, " ~- Roll-call Attendance: Shaun Wardle Joe Borton _~, Charlie Rountree Mayor Tammy de W~ ~ Blyd 2• Pledge of Allegiance: 3• Community Invocation by Pastor Craig Flinn, with Meridian Alliant:e Group; 4- Adoption of the Agenda: ~• Consent Agenda: p-• Resolution Board Members and Alternates~tolt thteg VaBeyn Ilea oval Transloortation authority: B• Bud et Amendment for Wastewater Treatment Plant Facilit Plan Update Protect: C• Contract for Wa ewater Treatment Plant Facili Plan U date Protect with Carollo Engineers: D• Contract for Wastewater Treatment Plant Ex ansion Protect Task Order No. 4 with Carollo Engineers: Department Reports: A• Mayor's Office 6. Meridian C;ty Gounclt Meeting Agenda -January 10, 2006 Page 1 of 3 All materials presented at public meetings shall become property Of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 10, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho REVISED 01-09-06 "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle ~ Joe Borton -~ Charlie Rountree ~ Keith Bird Mayor Tammy de Weerd 2. 3. 4. 5. 6. Pledge of Allegiance: Community Invocation by Pastor Craig Flinn, with Meridian Alliance Group: Adoption of the Agenda: ~i~~ ~ r ~ f'~,,Gy„~G~i Consent Agenda: A. Resolution ~®~ ' ~®® : Establishing Appointments for Board Members and Alternates to the Vallev Regional Transportation Authority: ~~!-~v~c. B. Budget Amendment for Wastewater Treatment Plant Facilitv Plan Update Project: ~~~ ~ ~ l7-®~ C. Contract for Wastewater Treatment Plant Facilitv Plan Update Proiect with Carollo Engineers: f~~ ~, / ~~ ~ ~ D. Contract for Wastewater Treatment Plant Expansion Proiect Task Order No. 4 with Carollo Engineers: ~~~ ~ //l~' ®~ Department Reports: A. Mayor's Office Meridian City Council Meeting Agenda -January 10, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .REVISED 01-09-06 !®-D 9 Ao-O~ 1. Appointment of Mito Alonzo and John Nesmith to Parks Commission: ~~~ B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Cost Issues: ~ v~ ~o X70-.,. , 2¢® Z~v 6 C. Public Works Department -Len Grady 1. Water Service for Sevoy Antique Store: D. City Attorney -Bill Nary ~~~~ 1. Discussion of Vicious Do Ordinance: E. Planning Department -Steve Siddoway 1. Discussion of West 8t" Street Sidewalks: ~~.i~~ e~.e~~ 7. Items Moved from Consent Agenda: 8. Request for Release of Lighthouse Ridge Subdivision from the City's Referral Area by The Land Group: ~.~~' 9. Tabled from January 3, 2006: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County -south side of East~e Ave a st of Locust Grove: ~ ~~l ~ ~ , 10. FP 05-075 Request for Fina approval of 1 multi-family residential building lot consisting of ten 4-plexes and 6 commercial office building lots on 5.4 acres in R-15 and L-O zones for Westborough Square Subdivision by JLJ Enterprises, Inc. - 6015 North Jericho Road: ~~~,~v~c~ 11. FP 05-077 Request for Final Plat approval of 27 residential building lots and 4 other lots on 7.89 acres in a R-8 zone for Cavmus Cove Subdivision by Landmark Engineering and Planning, Inc. -south of West McMillan Road and east of North Ten Mile Road: ~i~ytr~v_~-- _ 12. FP 05-076 Request for Final flat approval of 310 residential building lots and 49 common lots on 88.09 acres in a R-8 zone for Messina Meadows Subdivision No. 1 by Briggs Engineering, Inc. -west of Eagle Road and north of Amity Road: ~.- ~ ~.,~ ~ ~ Meridian City Council Meeting Agenda -January 10, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~~ REVISED 01-09-06 13. Public Hearing: PP 05-054 Request for Preliminary Plat approval of 22 building lots and 1 other lot on 15.35 acres in an L-O zone for Touchmark Center Subdivision by Touchmark of the Treasure Valley -southwest corner of Touchmark Way and Franklin Road: ~~,,.-o~ ~/,~'~~~ ~ ,~~y~ 14. Public Hearing: CUP 05-050 Request for a Conceptual Conditional Use for office uses on 15.35 acres in an L-O zone for Touchmark Center Subdivision by Touchmark of the Treasure Valley -southwest corner of Touchmark Way and Franklin Road: ~~~~. ~~~~ o%C ~~~~ ~, 15. Public Hearing: MI 05-016 Miscellaneous request to modify the recorded Development Agreement for Resolution Subdivision by removing Lot 7, Block 1, from the requirement to obtain a Conditional Use Permit prior to operation and construction of an office building by Conger Management Group - 2045 East Overland Road: ~~~ vac., 16. Public Hearing: VAR 05-025 Request for a Variance to UDC 11-3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC - 4132 East Race Street: ~~~ ~~~'¢~/~ ~.~ q~~,-~~~ 17. Public Hearing: AZ 05-046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road: ~,~~~~~~ 1 G~~ ~,~~jyg~ 18. Public Hearing: PP 05-049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC - 1990 East Amity Road ~~~ ~1~~ vl.~ ~a~ov~ 19. Public Hearing: AZ 05-042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road:~~~/~ C/~~ ~~~~~ 20. Public Hearing: PP 05-043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: /~r~,~~/~¢ ~~~ ~ ~~~~~ 21. Public Hearing: CUP 05-044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC - 3335 South Eagle Road: 22. Public Hearing: Exchange of City-owned Property and Privately Owned Property located at 55 E. Broadway Avenue: ~;~~~ ~~~~~ Meridian City Council Meeting Agenda -January 10, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i ~ .REVISED 01-09-06 23. Ordinance No. Ordinance Authorizing the Exchange of Property: ~~ ~~i2 ~ o ~ 24. City Council President -Election of Officers for Ci Council: 25. Executive Session per Idaho State Code 67-2345(1)(c): ¢(~J Meridian City Council Meeting Agenda -January 10, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 10, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, January 10, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Gorton. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Steve Siddoway, Bill Johnson, Brad Watson, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order and welcome you all here tonight. It is Tuesday, January 10th. It's just shortly after 7:00 o'clock. We will start the meeting tonight with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item 2 is the pledge of allegiance. Please rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Craig Flinn, with Meridian Alliance Group: De Weerd: Item 3 is our community invocation. We will be lead tonight by Pastor Craig Flynn with the Meridian Alliance Group. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Flynn: Just as Mayor de Weerd said, just have a moment of silence. Think of those that are fighting for freedom and protecting our freedom. Those that are close to you, your loved ones, family members, your neighbors. God, we acknowledge you as the creator of the heavens and the earth and that you do as you please. We thank you for creating us, giving us the great opportunity to experience love, joy, and peace and also the extremes of suffering, often fighting for what is right. Thank you, God, for this gathering that you have appointed to make decisions, to look for what's best for the city. We pray for great communication tonight amongst this leadership team and those that are here, great wisdom for making decisions. God, we continue to pray for healing in our city and homes, marriages, relationships. Pray that you will help us be a community that truly loves thy neighbor. Bless this hour now, God, in Jesus' name, amen. Meridian City Council January 10, 2006 Page 2 of 59 De Weerd: Thank you for joining us here tonight. Happy 2006. I would also like to welcome our new Council Member, Council Member Borton. This is his first full agenda and we appreciate you being here and look forward to working with you. Borton: Thank you. I appreciate that. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Mr. Strong, were we going to take you off Department Reports for Meridian Youth Baseball? Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move on the Consent Agenda we have got one resolution number 06-500. As you just stated, under department reports, the Parks Department, we would like to move that to January 24th, 06, instead of '05. And we do have on our regular agenda an ordinance and that number is 06-1211. And with that I would move that we approve the revised agenda. Rountree: Second. De Weerd: Do we need to add any letter to Item No. 25? Bird: Oh, I'm sorry. Yes. On the Executive Session we would like to add letter F, along with letter C. De Weerd: For potential litigation. Bird: Yeah. That's right. De Weerd: Okay. And second agrees? Rountree: Yes. De Weerd: Okay. Thank you. There is a motion to adopt the agenda as amended. All those in favor say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council January 10, 2006 Page 3 of 59 A. Resolution 06-500 Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: B. Budget Amendment for Wastewater Treatment Plant Facility Plan Update Project: C. Contract for Wastewater Treatment Plant Facility Plan Update Project with Carollo Engineers: D. Contract for Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers: De Weerd: Consent Agenda, Item No. 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, the liaison for Public Works has asked us that Items B, C and D be continued on the agenda on 1/17/06, so with that I would move that the Consent Agenda, which is resolution 06-500 be approved. Rountree: Second. Bird: With the Mayor to sign and the Clerk to attest. De Weerd: Okay. Motion is to approve the Consent Agenda with the removal of Items B, C and D to January 17th, 2006. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office 1. Appointment of Mito Alonzo and John Nesmith to Parks Commission: De Weerd: Thank you. Council, under Department Reports I have two appointments would like to make to the Parks Commission. You should have resumes on each of these individuals. They have met with our parks director Doug Strong, as well as the parks commission president, Bruce McCoy and myself a couple weeks ago and talked about the commission expectations, upcoming goals, and some of the activities that the Meridian City Council January 10, 2006 Page 4 of 59 parks commission has been involved with. They both live in areas that currently are not represented on the commission. They both bring a different aspect than is currently sitting on the board and I would like your approval of these appointments. Mito Alonzo will be -- would serve until October 2009 and John Nesmith to October 2008. Those would be the terms of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I have one -- I think it's -- you know, a clarification. These two are not replacing anybody on the existing commission, we are just going to a nine member commission, am I not right? De Weerd: That's correct. Bird: With that I would move that we approve your two appointments, Mr. Nesmith to 2008 and Mr. Alonzo until 2009. Wardle: Second. De Weerd: Okay. I have a motion to approve the appointments as listed before you. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Parks Department -Doug Strong 1. Discussion of Meridian Youth Baseball and Softball Cost Issues: De Weerd: Thank you. Our parks commission has been tabled to the 24th of January, where he will be bringing back updates on the agreements with both Meridian Youth Baseball and softball, as well as the cost issues to the construction at Meridian Settler's Park, as well as the agreement for the Police Activities League, too, for update information. C. Public Works Department -Len Grady 1. Water Service for Sevoy Antique Store: De Weerd: Item C, Public Works. Mr. Grady. Meridian City Council January 10, 2006 Page 5 of 59 Grady: Madam Mayor, Members of the Council, we have a request from Savoy Antiques for water and sewer hook up. This particular project is a little unusual. I have got it up here in the screen. It's very difficult for this particular project to sewer out to Fairview, so they are asking to hook up their sewer service to a private sewer system, which ultimately runs out to a public system. It's awin-win situation insofar as we do get this developed and take care of maybe some potential eye sores, at the same time this particular trailer park has some water hook-up issues, which they will take care of through Savoy Antiques. So, I guess what I'm asking for from Council is direction to proceed with an agreement with Savoy Antiques to see if we can enter into athree- party agreement to protect the city from potential future sewer problems, so the three- party agreement would be Savoy Antiques, the trailer park, and the city. I have been in contact with the attorney and, basically, we are both in agreement that this is probably a good thing to do. De Weerd: Thank you, Len. Any questions for our city engineer? Bird: I have none. Rountree: I have none. De Weerd: Okay. I would appreciate a motion to give direction to staff on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we instruct staff to continue the exploration of a three-party agreement for sewer and water hook up for Savoy Antiques and the adjacent mobile home park and the City of Meridian. Bird: Second. De Weerd: Okay. The motion is to approve the request. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. City Attorney -Bill Nary 1. Discussion of Vicious Doa Ordinance: De Weerd: Thank you. Item D. City Attorney. Meridian City Council January 10, 2006 Page 6 of 59 Nary: Madam Mayor, Members of the Council, you have in your packets a draft ordinance. It probably looks familiar. We had a discussion about this a few months ago. We have made some edits. We have sent this through the -- both the police department, our animal control, as well as our prosecution group, to review this ordinance and they are all in agreement with it. If the Council is of a mindset to want to move forward with this, I can put this back on your agenda. A couple of points for you to consider is do you want this in one hearing or do you want to have an opportunity for some public comment? Secondarily, what I would recommend is that if you were going to implement this ordinance that we also have some lag time between the actual passage of the ordinance and the actual implementation, so there is an opportunity for some public education. I haven't discussed with the chief, but maybe through our volunteer efforts on animal control might be an opportunity to get some information out to the public about it. There will need to be some lag time anyway, just to order licenses and have the actual licenses available, so when the ordinance goes into effect it can be implemented then, but -- so those two things that you may want to ask if you want to go forward with this ordinance. I'll await your direction. De Weerd: Mr. Nary or maybe chief, could you give a little background on some of the events or incidents that have really prompted this? Chief, would you like to give an overview on that? Musser: Madam Mayor, Members of the Council, while I don't have the specific instances in front of me this evening, part of what's prompted this vicious dog ordinance relates to a number of different types of involvements with dogs. Some are actual bites involving children or other adults in contact with dogs that weren't properly leashed or kept under control and, then, we also have an issue with dogs that do also run at large and kill other animals, pets of other citizens here in the community as well. And with the research and everything that we have been doing on this, the ordinance is an attempt to try to place a little bit more control on the owners of those types of animals and we are doing in a rather stringent manner through fines and through additional licensing requirements that have a fairly hefty fee on them and if that doesn't work, then, ultimately requesting that they are declared a public nuisance, so they can be destroyed. And, basically, you know, for public safety. That's the main premise for where we are headed on this. De Weerd: Thank you, chief. Any questions from Council? And they are seeking direction on how you would like to proceed forward with this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to proceed with it and, you know, like Mr. Nary said, we can give it a 30 or 60 day -- before it takes effect and that way we can get everything ready and get the public familiarized with it. So, I would move bringing it on. We did have quite a Meridian City Council January 10, 2006 Page 7 of 59 discussion on it earlier, which Mr. Borton didn't have, but I would prefer to get it moved on and get going with it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would agree. That would be my preference. Certainly, I think both through our police department and volunteer staff that the education piece is really going to be the key component to this ordinance being effective and, really, I think will allow us as a community to have a better process for these animals and their owners, more importantly. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, I have a question for the maker of the motion. Given the desire to have the public input, do you wish to have waiver of the reading rules or do you want to have the ordinance read and -- Bird: I didn't make the motion. I would waive it. Like we normally do waive the three readings. Do the one reading. And, then, if we set it -- I thought that if we went 30 to 60 days before the effective date, that way we could do some education at that point and get everything in line ready to go. I doubt if we would have much public input anyway. De Weerd: So, your direction would be to set it for. Bird: Set it forward and let's get it passed and, then, we can set an effective date. I didn't make a motion, but I could or Shaun is welcome to. Wardle: Madam Mayor, just in our past experience of the three readings and trying to seek public input, it's been my experience that both the press and the public react after the ordinance is passed and I think probably 30 days will allow the reaction time and some education. So, I would move that we bring forward the ordinance for the vicious dog next week and bring it forward with the waiver of the reading rules. Bird: Second. De Weerd: Okay. Any discussion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton? Borton: Maybe Bill or -- someone can answer the question. I see this as an amendment to the existing ordinance. Was there a history of a problem in trying to Meridian City Council January 10, 2006 Page 8 of 59 prosecute under the existing ordinance, inability to get owners to bear responsibility for their dogs that these changes are going to now capture? Is that what happened? Nary: Madam Mayor, Councilmember Borton, the problem has been the dogs rushing at persons, as you can see in the part that's deleted. That's the only criminal sanction is that particular code section. There is no onus on the dog owners afterwards. So, all there was left was the civil remedy if there was a dog bite and we have had dogs that have attacked other animals and injured or killed other animals. There was no -- there was nothing other than the civil remedy available for folks. All this does is decides that - - Iguess hopefully clarifying some criminal aspects of this. Also puts the onus on the dog owners who have attacked other dogs and their dogs are declared vicious, to put some requirements on them for maintaining those types of animals, outside of just a lawsuit or something else that could be brought by one of the victims of the cases. So, think that's been the -- that's the reason that the ordinance was recommended to be amended, was to try to find some avenue to put some --Iguess more requirement on animal owners that have dogs that get off their property and attack either people, children, or other animals. De Weerd: And, Mr. Borton, this is also a result of both citizens that have been victims or have had animals that have been victims, as well as our animal control officer, as something that has been a desire to clarify and build in additional consequences. Okay. So, we do have a motion on the floor to bring this forward. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. Planning Department -Steve Siddoway 1. Discussion of West 8th Street Sidewalks: De Weerd: And 6-E, Planning Department. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. About this time last year I was before you with this same project. It's West 8th Street in front of Meridian Middle School. There is a project in ACHD's five year work program, requested by the citizens of that area, to build sidewalks for the children who walk to school along those roads each day. Currently there are no sidewalks. The project would build new sidewalks along both sides of the street from Cherry Lane to the school. They would also improve the mid block crosswalk. Okay. So, this is the middle school. We have Cherry Lane up here and this is West 8th Street. The project would build sidewalks on both sides of 8th Street to get kids to the school and it would also improve -- there is a mid block crosswalk right here that connects to a micro-path that goes through the subdivision at that point. The majority of the project is within ACHD's right of way, but there is a portion that is not related to that micro-path. The proposal last year was that the city support this project and help with the local matching funds and we had offered last year to pay 20 percent of the required local match for them to go after a federal Meridian City Council January 10, 2006 Page 9 of 59 grant to get this project built, with a cap of 5,000 dollars. That was approved. We applied for that -- we being ACRD, I guess. ACRD submitted the application. It was not successful last year in being funded. So, I'm coming -- they intend to reapply this year under the transportation enhancement funds and so I'm back before you with the same request to see if Council still feels like you would like to support this project. That application will be submitted at the end of the month and will move forward. Last year we were ranked third and the first two were funded. So, we were the runner up, as it were, that wasn't funded and ACHD is putting the polish on the application this year and we are going to go after the funds one additional year. With that, I will stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, your time -- are we going to be able to stand the same amount of cost that we had last year or are we going to have to -- our matching going to have to be a little higher, because, you know, concrete's probably went from 75 dollars to 100 dollars or so and -- Siddoway: I asked ACHD, Don Costwick, yesterday if the costs that they were applying for were still the same and he said yes. So, I think that the same amount of 20 percent up to 5,000 is still a reasonable match request. De Weerd: Steve, are we also pursuing other letters of support for this project? Siddoway: Yes. I have agreed with ACHD to pursue locally some additional support letters. I intend to approach the Chamber of Commerce. Probably the police department. We will get one -- I have a proposed one from the City Council that I have delivered to the Mayor with today's date on it, if you so choose, and it would be open to, you know, any others that you feel would -- should provide letters of support for that project. The school district. De Weerd: Certainly I think the school district -- Siddoway: Yes, the school district. The school district also. De Weerd: As well as the specific school. Siddoway: Okay. De Weerd: You might even ask them from the board of trustees. Siddoway: I will prepare some draft language and send it to each of those groups. Meridian City Council January 10, 2006 Page 10 of 59 De Weerd: Okay. There is a PTA, I believe, in the middle school as well that would be another excellent group to glean support from. The library, which is in the vicinity as well. Siddoway: Okay. De Weerd: I do have a letter here as well that I would like -- if Council -- it's the same letter we wrote in support of it last year and I would like your signatures, that we can send with Steve, then, if Council so desires to approve this request. Siddoway: One quick word about the accounting side. Even if we are successful this year, the grant isn't until '09 through the federal process. So, I have already talked with accounting. They are able to set up an accounting process that will dedicate the funds this year, but carry it over until it's actually needed for the matching funds to the federal government. Bird: We should be able to do the same thing with ours, shouldn't we? Siddoway: That would be for ours. Yes. De Weerd: Council, any further questions for Steve? Okay. I would need a motion to approve this request. Rountree: So moved. Bird: Second. De Weerd: Okay. The motion is to approve the request by our planning department Steve Siddoway to put a sum up to 5,000 dollars towards the West 8th Street sidewalks. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda onto this regular agenda. Item 8: Request for Release of Lighthouse Ridge Subdivision from the City's Referral Area by The Land Group: De Weerd: So, I will move to Item 8, request for release of Lighthouse Ridge Subdivision. I will start with staffs comments. Meridian City Council January 10, 2006 Page 11 of 59 Watson: Thank you, Madam Mayor, Members of the Council. Some of you may recall this project coming in various forms over the last year and a half. This first came to you as a request to release this from Meridian's area of referral into Boise and -- I think October of '04. It was under the name Bradford and Camille Shaw at the time. It came back to you last summer, roughly July, and with, essentially, the same request. The area is not just this shaded area -- and the applicant may have to help me a little bit, but I think it takes in this polygon here, as well as this quarter -- quarter quarter section. The boundary on the referral area is a quarter mile west of Cloverdale Road, which moves north up this line and up to Umpqua Subdivision, which is in Boise city. You will see that it does jut out into -- farther west than that quarter mile line. The discussion in July at Council, my interpretation was, essentially, that if we -- if the applicant can show that this can never gravity sewer to Meridian and can gravity sewer to Boise, then, to come back with that request. There is a memo in your packet, I think it's at the very end, a couple pages there that somewhat outlines the trail of correspondence between Kirby Kirkham of the Land Group and me over the interim. At some point in time, roughly the 1st of November, I went out myself and looked at this and back up with the topography, looked at our sewer master plan that was in draft form at that time and did a sewer-ability analysis myself. It appears that all of this that is west of this very deep ridge will ultimately sewer back by gravity to Meridian. The portion that is below the ridge -- essentially, we are talking about this part right here to the north -- will not sewer back to Meridian by gravity sewer. The applicant has evidently had some conversations with Boise city that says that portion is sewer-able to Boise. The applicant wrote another letter to Mayor and Council early December and I think I have the request straight after e-mailing the applicant last week, is that since some of this will not sewer by gravity to Meridian and Meridian sewer is not there, that we should release the entire site to be developed in Boise city. I don't believe that was the direction from Council in July, so at this time I can't recommend that we authorize release of the referral area. The applicant is here if you have any questions. The one thing that I didn't point out on this map is this does show what showed up on our GIS is the flood plain. This is Ten Mile Creek that runs through here. The develop-ability of this portion seems a little bit in question. It seems to have a lot of site constraints anyway. So, if you need more information on that, I guess I would refer you to the applicant. Be happy to answer any questions. De Weerd: Okay. Council, any questions for staff? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Would the applicant like to make any comment? If you will, please, state your name and address for the record. Kirkham: Certainly. My name is Kirby Kirkham. Work address is 462 East Shore Drive in Eagle. I am representing the applicant and the developer is here as well and he may be able to address some things as well. As Brad correctly stated, we do own that Meridian City Council January 10, 2006 Page 12 of 59 portion up there, as well as what we will develop together as another portion right at the very -- as well as this whole area right down here. So, this will all be developed together. None of that plays into it as much, but it is our desire to develop all this as one. This bottom portion is within the Boise city area of impact. The impact line or the referral area line comes up here and is directly adjacent to Umpqua Subdivision. This is correct. It is right -- now it is a hundred year flood way. That develop-ability of that, we have done some studies on that. Basically, what it will end up being is there will be a floodway and flood plain, one which you can't developed in, which will be pretty close to the bottom. It will run here. This may not be developable, but there is a big corner down here, based on our studies that we have done so far, and we do have to get into it a little bit more, because we don't want to spend too much until we know exactly what we are doing and able to do. But, you know, there is a portion here and we have also looked into putting some houses maybe tucked back into the hillside, if we can get that designed and it might be a nice way to kind of overlook a field, as well as to have a house back in there, if we can get that to work as well. So, that is a very -- is a possibility in our design. So, that's what we are looking at there. And it is our request, as, you know, Brad has stated and I agree with him, that the upper portion is possibly and very likely when sewer gets out there, could be -- could go into gravity into the city system. However, this is about 20 feet lower than the top and as a portion of it, you know, we cannot do anything, except for go into -- there is existing sewer line here in this road and there will be a sewer line required to extend through this subdivision. It is very sewer-able for the rest of the site and so it would be our request at a minimum, approximately athird -- between a third to a half is un-sewer-able of the site we are looking at within the referral area. We would request the whole thing, so we could develop this as one, so that the site would not get split between basically two different entities and have to have two different sets of designs and to eliminate that hassle and complication of developing this project as one and instead of splitting the referral area right down the middle of the site, like we would have to do if you only released the bottom portion. So, that is our basic request. And I agree with Brad's findings and that is why we request it, because we just -- it causes a lot more complications, difficulties in design, and dealing with things if the referral area splits our property. So, I guess would have any questions on design or anything we have looked at from you guys. De Weerd: Okay. I guess, Brad, if you can give some clarity on -- this is the third time that we have heard this request. The first two times they said no. What has changed? Watson: Madam Mayor and Council Members, the owner developer changed between number one and number two. And I could only find these two -- those two instances in searching through the minutes of this coming before you. This was the third time. I thought there was a fourth, but I couldn't find it. Nothing in my mind has really changed, other than we have done a little more study since July on the sewer-ability of the site. De Weerd: So, they are not asking for the complete split, just the flood plain area, is that what I understand? Meridian City Council January 10, 2006 Page 13 of 59 Kirkham: Madam Mayor, Councilmember's, when we first came, I was a little bit green to this, not dealing with the referral area and that, and so I just thought we'd come and request it. Once we did a little more study and looking at it and realizing, okay, this upper portion may be sewer-able, most likely is sewer-able, and the bottom portion definitely is not, that's when, talking to the developer, we would ask to release the whole thing, because we have to release at least a portion to be able to develop that, to develop that portion of the site when we put houses down in the lower portion and because that lower portion is, we would ask for the whole thing, that way our site does not get split in the middle with the referral area line. That way we could develop the whole site as one entity and not have to deal with both the City of Meridian, the City of Boise, and Ada County at the same time. It's an Ada County subdivision right now, but, eventually, it will be City of Meridian, City of Boise, and to have to design with both, it would be much more logical and make sense at least as our point as we look at it, to develop that whole site as one, rather than having it split down the middle. De Weerd: But the topography gives you a natural split. Kirkham: Uh-huh. It does. However, you know, we would have to have access from the below. We are going to have a road up the hillside. There is a dirt road right there right now and so it would be part of the full -- of the full design and full package there. And it would be considered and marketed as one. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you. Requist: My name is Michael Requist. My address is 4470 West Columbia, Meridian. I am the current owner of the property. And one thing I did want to emphasize is the contiguousness of the entire bottom corner and, then, it goes up to the top portion there that Kirby was showing you. And I think the danger with -- you can seek the bottom portion where -- through the bottom subdivision, the road actually comes down through the Boise side, will come up onto the bench and I think it would be extremely difficult in order to define the lines there. So, I am respectfully requesting that it be released, keeping in mind that only the -- just the upper portion, which is 30 something acres, is in the referral area and the contiguous piece, which is the lower corner on Cloverdale and Columbia, is in the Boise impact area already. De Weerd: We certainly hear this same request up and down the line, so what makes this different? Requist: Well, like I said, the difficulty -- several different things. One, trying to market a piece, if we are going to be able to split off one-third of the project and have it in Meridian City Council January 10, 2006 Page 14 of 59 Meridian and having the difficulty of inter-agencies trying to go there, half of it, fighting over road rights and stuff like that coming to the site, because it is, like I said, the bottom portion from Boise coming up into there, so I think there is going to be a lot of difficulties for us to try to develop it. The only -- the best way I could describe it, if you can imagine half of your backyard being on the border of a city and the city requesting to keep half of your backyard and you're trying to sell your parcel, there would be more value, obviously, as one piece, one contiguous piece. De Weerd: I guess you have that control in how you plat it. I wouldn't imagine you would plat it half in Boise and half in Meridian. We have examples north of this area where there is part of a subdivision in Boise and part of it in Meridian. So, I was just trying to find out what would make this different than some of these other requests? Requist: Well, it would be, obviously, more feasible for us and less expensive to do it as one piece for sure. De Weerd: Okay. Thank you. Requist: Thank you. De Weerd: Okay. Council, staff would like direction on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't see yet again any change -- any different information. We went out and got the information that we asked for from Brad's field work, that it will sewer to Meridian, at least a good portion of it. I don't see any evidence or any indication at this point that I would support a release. De Weerd: Okay. Any other discussion from Council or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a statement. I would agree with Councilman Rountree and I believe that our staff is not recommending this and I have to go along with what they feel in regards to this kind of a deal and Idon't -- I just think at this time that it's not -- we don't need to be releasing it, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council January 10, 2006 Page 15 of 59 Rountree: If there is no further discussion, I would move that we deny the request for release of the Lighthouse Ridge Subdivision, Item No. 8. Bird: I would second that. De Weerd: Okay. The motion is to deny the request for release. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Tabled from January 3, 2006: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County - south side of East Pine Avenue and west of Locust Grove: De Weerd: Thank you. Item 9 is tabled from January 3rd on FP 05-074. Anna, on all of these final plats, do we have agreement that we can consider Items 9 through 12 at the same time? Canning: Madam Mayor, no, we do not. The only letter we have is on No. 11. De Weerd: Okay. Thank you. Item 9. Canning: Madam Mayor, Members of the Council, we still have not received what we need to process this final plat request. I think at this point staff would recommend at least two weeks continuance. De Weerd: So, to the 24th? Canning: Yes, ma'am. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just also as a reminder, that this only requires agenda notice for these final plats, so you could -- I think you have continued this one a couple of times. You don't have to necessarily do it to a date certain either. You can certainly take it off until they are ready. I don't think that's a problem either. Just an option for you. De Weerd: Okay. Rountree: Ready? Meridian City Council January 10, 2006 Page 16 of 59 De Weerd: Yes. Rountree: Madam Mayor, I move that we remove Item 9 and defer it until the applicant is ready for submitting a final plat. De Weerd: Okay. Do I have a second? Bird: Second. De Weerd: Okay. Motion is to remove Item 9 and to reconsider once the applicant has filed with staff -- Canning: An alternative compliance request. De Weerd: Thank you. Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: FP 05-075 Request for Final Plat approval of 1multi-family residential building lot consisting of ten 4-plexes and 6 commercial office building lots on 5.4 acres in R-15 and L-O zones for Westborough Square Subdivision by JLJ Enterprises, Inc. - 6015 North Jericho Road: De Weerd: Item 10. PF 05-075. Anna. Canning: Madam Mayor, Members of the Council, this is the Westborough Square application. It's on the south side of Chinden, approximately a quarter mile west of Locust Grove. The highlights of the development include a request for one multi-family residential building lot and, then, six commercial lots on 5.4 acres in an R-15 and, then, L-O zone. The residential lot will consist of ten four-plexes containing a total of 40 residential units. Staff is recommending approval. The final plat is in substantial compliance with the approved preliminary plat. To our knowledge there are no outstanding issues before Council, but we were unable to obtain a letter prior to tonight's hearing, so we just need to hear from the applicant regarding the conditions of approval. De Weerd: Is the applicant in approval of staff recommendation? If he is, then -- Rountree: Indicated by thumbs up. De Weerd: That was a thumbs up. I think that's Jim Jewett in the back. I can't see him behind the hair on his face. Okay. Council, any questions for staff or the applicant at this time? The applicant is in agreement with staff comments. Wardle: Madam Mayor? • Meridian City Council January 10, 2006 Page 17 of 59 De Weerd: Mr. Wardle. Wardle: I move that we approve Item 10, FP 05-075. De Weerd: Do I have a second? Bird: Second. De Weerd: The motion is to approve Item No. 10. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 11: FP 05-077 Request for Final Plat approval of 27 residential building lots and 4 other lots on 7.89 acres in a R-8 zone for Caymus Cove Subdivision by Landmark Engineering and Planning, Inc. -south of West McMillan Road and east of North Ten Mile Road: De Weerd: Thank you. Item No. 11 is FP 05-077. As staff indicated, we do have a letter in agreement to staff conditions. Anna, do you have any additional information on this item? Canning: Just one quick note. The applicant did ask for a change to one of the conditions for a rolling gate, to instead install bollards and staff is in agreement with that condition. So, they are good to go. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 11, FP 05-077. Bird: With the changing of the gate? Wardle: With additional staff comments, yes. Bird: Second. De Weerd: Okay. Motion to approve Item 11 with the additional staff comments. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. Meridian City Council January 10, 2006 Page 18 of 59 MOTION CARRIED: ALL AYES. Item 12: FP 05-076 Request for Final Plat approval of 310 residential building lots and 49 common lots on 88.09 acres in a R-8 zone for Messina Meadows Subdivision No. 1 by Briggs Engineering, Inc. -west of Eagle Road and north of Amity Road: De Weerd: Thank you. Item 12 is FP 05-076. Anna. Canning: Madam Mayor, Members of the Council, we do not have a signed development agreement for this property yet, so staff is asking that you either continue or remove it from the agenda. De Weerd: Okay. Council, I would need a motion to either remove or table it to a date certain. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, you could, again, do this one to an open date. We have sent this development agreement four months ago. There are some issues staff is working on on an adjacent on -- not this one -- it's not this one, is it? It is this one. There are some other issues, so I don't know if we'd end up continuing it again. So, if you want to continue it to just until it's ready, that's perfectly fine. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we remove Item 12, FP 05-076 from the agenda until staff has worked through the issues. Bird: Second. De Weerd: Okay. Motion is to remove Item 12 until it's ready to be renoticed or put back on. All those in favor say aye. Any nays? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 05-054 Request for Preliminary Plat approval of 22 building lots and 1 other lot on 15.35 acres in an L-O zone for Touchmark Meridian City Council January 10, 2006 Page 19 of 59 Center Subdivision by Touchmark of the Treasure Valley -southwest corner of Touchmark Way and Franklin Road: Item 14: Public Hearing: CUP 05-050 Request for a Conceptual Conditional Use for office uses on 15.35 acres in an L-O zone for Touchmark Center Subdivision by Touchmark of the Treasure Valley -southwest corner of Touchmark Way and Franklin Road: De Weerd: Okay. Item 13 is Public Hearing PP 05-054. Item 14, CUP 05-050. I will open these two items, 13 and 14, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Touchmark Center project. It's located on the south side of Franklin Road west of Touchmark way and that's approximately one quarter mile east of Eagle Road. This is a request for preliminary plat and conditional use approval. The project consists of 22 building lots and one common lot. And, then, conceptual use or conceptual planned development use approval for office uses on 15.35 acres in an L-O zone. The preliminary plat is split into two pieces here, so this is the southern portion and this is the northern portion on either side of the entry road there, Louise Drive. The city annexed most of this property some time ago and at that time you approved a Conditional Use Permit to develop the mixed use retirement community and, then, it was modified in 2003 to move some of the office lots to the south side of Franklin Road and, then, it was further modified again in 2004 to allow the addition of a multi-story retirement center and that's not on this particular piece of the property, but it is on the overall CU. And, then, a portion of this site was annexed recently one of the conditions of the annexation was to amend the original Conditional Use Permit for the planned development. So, the CU that is before you tonight is solely for the purpose of bringing that recently annexed property into the larger conceptual plan. So, it's not approving any particular use, it's only kind of bringing that property into the fold for this whole area. The preliminary plat is fairly straight forward. This is an L-O zone, the commercial lots. It does meet the requirements of the L-O zone. I do want to point out that there is the continuing obligation as part of the original conditional use approval for conditional -- individual conditional use approval on each lot as it is developed. The Planning Commission did hear this and have recommended approval at their December 8th, 2005, hearing. Sabrina Whitehead, the applicant's representative, spoke in favor of the application. No one opposed and no one commented on the application at that time. The key issue of discussion by the Commissioners were the existing public utilities and drainage easements on the western boundary. There was one change to staffs initial recommendation and that was to modify condition 1.19 to read that the applicant shall revise the landscape plan to show a 20 foot land use buffer along the western boundary of Lot 6, 7 and 8, Block 4, due to existing public utilities easement on the west side of the plat. Install shrubs and other ground cover within said landscape buffer. To our knowledge there are no outstanding issues before Council. You do have Findings for approval. I did -- I wanted to point out the requirement for the conditional use approval on each individual lot, because that's -- you°II see in one of our next agenda items that this comes up time and time again and the Council may want to consider at some time whether it's appropriate Meridian City Council January 10, 2006 Page 20 of 59 to continue that requirement or if they feel that there has been some sufficient changes in the zoning ordinance or in how the property is being developed that they want to remove that requirement, they just -- Council and Mayor just need to ask staff to initiate a development agreement modification and we will get that in the loop. Other than that, that's -- I'll answer any questions you have. De Weerd: Okay. Council, any questions for staff? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address. Whitehead: Good evening. My name is Sabrina Whitehead. I am here on behalf of Touchmark Development, as well as Briggs Engineering. My address is 1800 West Overland Road, Boise, Idaho. 83705. And as a repeat, I'm here in front of you for the preliminary plat and the conceptual conditional use permit approval. I just wanted to note that I have reviewed the staff report. We agree with all the conditions set forth and agree with their Findings. I would like to note one thing, though, is that the landscape plan -- we are modifying it to have the 20-foot land use buffer along the west side, as well as we are going to be modifying the landscape buffer on Franklin, which we have as 20 and it is supposed to be 25. So, all of the conditions will be met and we are working on them currently. So, I just respectfully request that you approve both these applications and if you have any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. Thank you. De Weerd: Okay. Thank you. Whitehead: Uh-huh. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on either Items 13 or 14? Okay. Seeing none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the public hearings on Items 13 and 14. Meridian City Council January 10, 2006 Page 21 of 59 Bird: Second. De Weerd: Okay. Motion to close the public hearings on 13 and 14. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I would move that we would approve preliminary plat for Item 13, PP 05-054. Bird: Second. De Weerd: And that would be also to approve the revision made by staff? Rountree: That's in the Findings in the CUP. De Weerd: Okay. The motion is to approve Item 13. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 14. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit 05-050, including staff and public comments this evening and approval of the Findings of Facts as prepared. Bird: Second. De Weerd: Okay. Motion is to approve Item 14. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MI 05-016 Miscellaneous request to modify the recorded Development Agreement for Resolution Subdivision by removing Lot 7, • Meridian Ciry Council January 10, 2006 Page 22 of 59 Block 1, from the requirement to obtain a Conditional Use Permit prior to operation and construction of an office building by Conger Management Group - 2045 East Overland Road: De Weerd: Thank you. Item 15 is a Public Hearing MI 05-016. I will open this Public Hearing with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. This is a request by Resolution Subdivision -- Resolution Subdivision to amend their development agreement. It's for the property in the brighter purple, located at the corner of Overland Road and the entrance road to the subdivision, approximately a quarter mile east of Locust Grove. This is a miscellaneous application for a development agreement modification. The applicant is requesting to remove the requirement from the development agreement for just these 2.5 acres and the condition that they are asking to have removed is the one that requires conditional use approval of -- before a CZC is issued on the site. Because the original approval was conceptual in nature, the city required that a Conditional Use Permit be approved on each lot prior to development. This was the standard requirement of the city at the time. We are trying to move away from those. This is the third lot that has asked to be exempt from that requirement within Resolution Subdivision. The applicant has submitted a conceptual site plan, but no elevations at this time. Some of the other requests you got both elevations and a site plan at the time that you were being asked to waive the requirement for the conditional use approval. What staff has recommended for this particular site is that they submit -- instead of having to go through the CU process, that they submit for design review and meet the standards for design review that are in Chapter 3, Article A, and those are largely geared toward large structures, but they are also geared for entryway structures. So, there are some design standards there. They are mostly geared toward breaking up mass, but we found that they work fairly well at also breaking up landscaping and making sure that we don't have single block buildings, no matter what size. The staff is in support of the development agreement modification with that change, because we feel we could get enough staff review of it that it wouldn't need to go up to the Planning Commission for their review of the elevations, essentially. Again, staff has some concern -- a little bit -- this is the final lot in Resolution Subdivision to be developed, but there is this outstanding conditional use requirement for any use that goes into it. So, even though all those structures have been built now, if there were a change in use, which one change in use might be going from an accountant office to a medical office that -- the zoning code actually treats those differently, because one is put under medical office -- kind of the larger medical use. So, technically, that would require a conditional use approval in the future. This is another one where staff would like some direction from Council, if you -- now that the project is built out, that there is an established look to it, would this be the appropriate time to remove the development agreement condition for this subdivision as a whole, to initiate that action with all those properly owners. I leave that open for your consideration. It's not actually part of tonight's hearing, but I wanted to raise the issue, since you're now considering the last one in the development. And with that, I will answer any questions. You don't have Meridian City Council January 10, 2006 Page 23 of 59 Findings on this one, because it is a modification to the development agreement that will be done through the city attorney's office. De Weerd: Thank you, Anna. Any questions for staff from Council? Bird: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I have read Craig's report, agree with the recommendation. If you guys have any questions of me. De Weerd: That was short and sweet. Council, any questions -- Bird: I have none. De Weerd: -- for Dave? Rountree: I won't comment. McKinnon: Thank you. Sorry I missed the pledge tonight. De Weerd: You know, as a former staffer, we just like to give you a hard time. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this item? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item 15. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Rountree: I have none. Wardle: Yes. Meridian City Council January 10, 2006 Page 24 of 59 De Weerd: Yes, Mr. Wardle. Wardle: Madam Mayor, before we have a motion on this item, just as far directions from staff. Anna, it would be my preference, now that the project is built out, that we somehow look at a way to remove those development agreements within the subdivision. I don't -- in my mind, a change from a dentist's office to an accounting office or some change like that doesn't need to come all the way up through the City Council for such a process. But I'll leave that to discussion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess to follow up on that comment, five years ago when these types of agreements -- even three years ago, it made a lot of sense, because we didn't have the UDC, we didn't have the review process that exists today. I think what Mrs. Canning has raised is -- it would be less cumbersome to amend these development agreements on every small use. I'm sure some of the Council remembers we placed conditional use requirements on every building and use that was being proposed three to four years ago. Maybe as a method -- and Mrs. Canning might have a different perspective. Maybe as a method -- we have been talking about the possibility of doing a workshop of some sort with the Council and this might be a good topic to talk about, is some proposed amendments to the code or some proposed direction that we would want from the Council and that might give an opportunity to have a more thorough discussion that's not just tied to one project, but tied to the bigger picture. But I think what Mrs. Canning's raised is probably something worthy of Council's consideration. But, then, you wouldn't have to see these. You have probably noticed you have seen a half a dozen of these in the last six or seven months, because of some very specific conditions that were placed on these agreements two, three, four, five years ago that are still existing that may not be very practical any longer. De Weerd: Thank you. So, I guess, Mr. Nary, what the suggestion is to amend the development agreement to remove CUP conditions within the subdivision as a whole, but to put on a design review criteria for the remaining piece? Canning: Madam Mayor, Members of the Council, the request before you tonight is just with regard to this one specific lot. De Weerd: Okay. Canning: And, then, I would be happy to talk about this at a workshop. That would give me the ability to work with Mr. Nary and maybe come up with a list of where we have these development agreements and look at exactly what the language says and get back with you at a workshop setting. That would be -- Meridian City Council January 10, 2006 Page 25 of 59 Bird: Madam Mayor? De Weerd: Thank you. Mr. Bird. Bird: I would agree and I think that's what Mr. Wardle was saying, it would be a nice item for a workshop, because I think there is a lot of things that we need to be careful about. Sometimes these restrictions we put on was for a purposes and it worked out real well. So, I think we -- I think we need to tread softly as we want to change all our rules and regulations and stuff and make sure that the public is still guarded very well. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I concur in the need for a workshop, but to get us back to the subject at hand, I would move that we approve Item 15, MI 05-016. Bird: I would second that. De Weerd: Okay. With the condition of design review as suggested by staff? Rountree: As outlined in staffs report, yes. De Weerd: Okay. Thank you. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 05-025 Request for a Variance to UDC 11- 3E.4.C.1 to exceed maximum structure size for a temporary sales trailer in the R-4 zone for Redfeather Estates No. 2 by Packard Estates Development, LLC - 4132 East Race Street: De Weerd: Okay. Item 16 is Public Hearing on VAR 05-025. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request of Redfeather Estates. It's located south of Ustick, approximately a quarter mile east of Eagle Road. This is a variance application and the applicant is requesting the variance from UDC code provisions that restrict temporary use structures to a maximum of 500 square feet. Staff has recommended denial of this application. As you know, there are three findings now in UDC that you need to make with regard to granting a variance. The first one is that the variance shall not grant a right or special privilege that is not otherwise allowed in the district. As noted before, the UDC does address temporary uses. Temporary uses are allowed as an accessory use in the R-4 zone. However, it's very clear that the Meridian City Council January 10, 2006 Page 26 of 59 size of any structure that's not going to be a permanent structure, any kind of temporary structure associated with this temporary use, is limited to 500 square feet. Staff finds that if the City Council grants this variance request for the 672 square foot temporary structure, it would be granting a special right or a privilege to this property. In addition to that, the applicant does have a mechanism for getting a larger area in which to conduct their sales. They can build a model home and use that model home for their sales area. They have -- are, instead, asking for the 672 feet -- square feet is to have a single wide trailer on the property. The second finding that the City Council needs to make is that the variance relieves an undue hardship because of characteristics of the site. Again, there is no real physical characteristics of the site that would preclude it from being used as a model home site in particular. It is -- the lot is specifically designed to accommodate the model home. The dimensions of the lot don't in any way prohibit it from having a 500 square-foot building, instead of a 672 square-foot building or structure. And, then, the final one is that the variance shall not be detrimental to public health, safety, an welfare and staff was able to make that finding. But the first two findings staff could not make. Now, staff understands that the difference between the 500 square feet and 672 square feet is not huge. But staff couldn't make the findings for approval. So, you do have a -- you don't have Findings tonight for approval. If the City Council is inclined to grant this variance, staff just asks that you give us some direction on what you would like to see in the future. If this is -- when other people coming in and asking for this variance, would -- how should we direct them or what guidance can we give them as to maybe how you will feel about it. Conversely, if you feel that the code is wrong -- and this is a brand new code. This is the first time we have run into this. If you feel that the code is wrong, if you could just direct staff, we will put it on the list for a text amendment and we will deal with it that way. So, I do ask if you are inclined to approve this, if you'd just give staff some direction, that will help us prepare the Findings as well, if you go that direction. With that I'll answer any questions. De Weerd: Council, any questions for staff? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, was there any particular reason why 500 was magic? Canning: No. It wasn't. And I think we were just looking for a number that kind of didn't get too large and, you know, 700 feet accommodates a single wide trailer and that's an acceptable temporary use structure that the Council -- the Council feels should be accommodated, then, you know, maybe 700 square feet is more acceptable. But there was no magic to the 500 square foot number. Meridian City Council January 10, 2006 Page 27 of 59 De Weerd: But you had people on that committee that developed this that had had these kind of temporary structures in the past. Canning: The representation on the process improvement group, they tend to probably use mobile homes more than they do sales trailers, although the representative for Redfeather was on the group as well. We did talk about this 500. It was not as if it never got discussed and I made a particular point to actually raise it at the Planning Commission and the City Council level, because it was a -- kind of a brand new standard for these temporary uses that we have been struggling with and there was never any discussion on the 500 square foot number from Planning and Zoning Commission or City Council. De Weerd: Thank you, Anna. Is the applicant here this evening? Okay. If you will, please, state your name and address for the record. Talla: Good evening, Madam Mayor, Council Members. Joe Talla. 6223 North Discovery Way in Boise. De Weerd: Thank you, Joe. Talla: I'd like to request that you approve the variance for this. It's true that there is no site hardship that we are encountering in this, but there is an operational hardship for us. The sales staff, not realizing the 500 square foot restriction, ordered the sales trailer to meet their specific needs and on this particular plat they have three agents -- you know, they need a conference room and a place for the plat and, you know, to operate the sales trailer effectively and efficiently to sell homes out of that. Typically, they work out of a model home, use a three car garage, and if we assume that a three car garage is 20 by 30 minimum, then, that's 600 square feet, which is more than the 500, you know, as stated in the UDC. Also, this sales trailer won't pose any particular burden to anybody in the area. As you can see on the plat, the area to the left is not currently being developed, those are future phases, and the lots in the immediate vicinity of the sales trailer are also either undeveloped or currently under construction. So, finally, I'd like to stress the fact that this is a temporary structure. There is currently a model home being built across the street from this sales trailer and that's expected to be completed by the end of March. So, we are only talking about a small period of time to allow the sales staff to make sales until they can move into the home. The problem we are running into is no home construction can begin before the final plat is recorded and, you know, it takes, depending on who the builder -- you know, could take up the four or five months or longer to build a home to house the sales staff, so -- and that's why we needed the sales trailer for this instance and, again, it's very temporary until we move. So, any questions? De Weerd: Thank you. Any questions? Bird: Madam Mayor, I do have a question. Meridian City Council January 10, 2006 Page 28 of 59 De Weerd: Mr. Bird. Bird: You say that the model home is going to be done March 31st or is that when it's going to start? Talla: No. It should be -- Bird: Come back and said it would be six to eight months. Talla: It should be complete by that time. Bird: So, if we was to grant this variance with a limit of April 15th, would be no problem? Talla: That would be acceptable to the applicant. Bird: Okay. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Talla, if your sales staff had realized the requirement of 500 feet, would they have ordered one that met that requirement and still have gotten the job done for you? Bird: Yes. I did talk to the sales staff about this and the reason they did order the larger one is because they felt they needed that. They have worked in smaller spaces before and it was just too difficult to accommodate people visiting the site and the agents that have to work there, you know, on a regular basis. Borton: Would you think in future situations with this type of work that for any type of trailer to do sales like what you're doing, 500 feet doesn't cut it? Talla: You know, I don't know enough about the sales end of the business to really make an educated judgment on that. You know, I'm sure that it can be accommodated at 500 square feet, but, again, I don't know the specifics of, you know, how they operate. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to weigh in on Mr. Borton's question and maybe not this specific application. Having worked once or twice in a sales trailer, the more space that you can have within a reasonable amount of square footage is preferred. I think we Meridian City Council January 10, 2006 Page 29 of 59 need to look at the code. I'm not sure that 500 would accommodate all types of sales trailers. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Okay. Mr. Nary. Nary: Madam Mayor, Members of the Council, what I'm looking at -- since this is being asked to be -- for a variance is 11-3E.4.C.1, which has the 500 square foot limit, that is the -- that is for all types of temporary sales facilities. So, this is not just for these types of offices, they are for hotdog stands and everything else. You may want to look at -- and Ididn't discuss this with Mrs. Canning ahead of time, but 11-3-6 is the standards for subdivision model real estate sales offices. It implies that these are model homes, but there is some language in here -- if you're going to grant a variance, this doesn't have a 500-foot limit or limitation. If you're going to grant a variance because you'd like us to revisit the ordinance, as Councilmember Wardle is suggesting, that's a defensible reason to grant a variance and this is probably the section you'd rather amend, because it kind of deals with your specific issue of sales offices within subdivisions, rather than all sales facilities in temporary natures. So, that might be your better avenue, even though it is requested under the other section, you can certainly grant the variance based on this section of your code, instead, with that direction to staff to revisit this portion of the ordinance maybe allow some type of these temporary facilities within -- within the subdivision that might be temporary in nature, not a model home, something like that, that would be able to match the other architecture or similar, so that you don't have eye sores and things like that in the neighborhood, but I don't know, is that practical, Mrs. Canning? Is that a -- Canning: Madam Mayor, Members of the Council, it is -- it is practical. I just want to point out that this -- the 500 square foot standard is in the section that applies to all temporary uses and, then, there is further standards for subdivision and model homes, I believe. I haven't got it completely memorized yet, but I think that's the way that section is set up, and so we just have to be careful that if you want to give greater allowances within that second section, we can just refer back to the first one. But I think that the first -- the 500 foot is a general standard. Nary: And I would concur in looking at that. I think there are some language in the early part of the section, not in the one for structures, but in time period, for example, that could be applied to structures that -- it says unless it's otherwise defined elsewhere. So, if you want to define it elsewhere for those types of structures in subdivisions and neighborhoods, then, you could even with the way the code is drafted now, find language that would allow you to do that and still grant the direction to this particular application and, then, for us to reevaluate some other ones that might be more applicable within the subdivision. Meridian City Council January 10, 2006 Page 30 of 59 Canning: And, Madam Mayor, Members of the Council, hopefully this isn't confusing the issue, but I know we are going to get variance requests from the fireworks stands to exceed the 500 square foot for their tarp structures, because a lot of them are quite large. So, that's why, in particular, I was asking for some additional direction, is because I'm pretty sure that those are going to pop up in -- you will have some requests in May and June, I suspect. De Weerd: Thank you. And maybe in the meantime Mr. Nary be thinking about how they can -- if Council would like to approve these request for a variance, how they could do that. Is there --are there any other questions for the applicant? Anything further? Talla: No. Thank you. De Weerd: This is a can of worms. Is there any testimony on this application? Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I move that we close the Public Hearing on Item 16. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Nary, could you give me the section that deals specifically with the model home numbers again. Nary: Yes, Councilmember Wardle. It's 11-3E-6 and the section that if you were going to grant a variance, subsection C says the sales office shall meet the construction standards for commercial occupancy and obtain all necessary permits. If you wanted to grant a variance to allow the structures within the confines of C to be temporary in nature and up to 700 square feet, you could probably put that direction and that would be adequate for that and we wouldn't be necessarily addressing fireworks stands in the variance, because it does allow you in the general section to specifically change it in the lower section. ~ • Meridian City Council January 10, 2006 Page 31 of 59 De Weerd: Did you follow that? Wardle: I'm going to give it a shot. De Weerd: Good deal. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 16, VAR 05-025, and direct staff to prepare Findings based on the UDC 11-3E-6, subsection C, to allow this temporary trailer up to 700 feet -- square feet. Bird: Seven hundred square feet. Wardle: Square feet. Thank you. Bird: Does this put a time limit on it? Wardle: And to allow for the trailer to stay until April 30th, 2006. Bird: Second. De Weerd: Okay. Motion to approve with the changes as noted or clarification as noted. Is there any further discussion? Does staff need any further classification? Canning: Madam Mayor, Members of the Council, does the maker of the motion direct staff to bring that back in two weeks? Is that what you -- was that included? Those Findings? Wardle: Yes. Canning: Okay. De Weerd: Okay. Thank you. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 05-046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC -1990 East Amity Road: Meridian City Council January 10, 2006 Page 32 of 59 Item 18: Public Hearing: PP 05-049 Request for Preliminary Plat approval of 103 single-family residential building lots and 7 common lots on 31.72 acres in a proposed R-4 zone for Estancia Subdivision by Gemstar Development, LLC - 1990 East Amity Road De Weerd: Thank you. Okay. Items 17 and 18 are public hearings AZ 05-046 and Public Hearing PP 05-049. I will open these two public hearings, Items 17 and 18, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Estancia project. It's located off Locust Grove at the northeast corner of Locust Grove and Amity. It is comprised of 103 single family residential lots and seven common lots on 38.5 acres and this is a straight R-4 subdivision, no planned development. These all meet the R-4 lot standards. I did want to point out that as -- going through the process there was a requirement that one of the stub streets be moved from Barkwall to Melwood and, normally, I wouldn't point this out to you, except that ACRD has prepared a new staff report which we got this afternoon to accommodate the traffic calming measures that they were requiring between Melwood and Barkwall. I think they were concerned originally that this street -- I believe it's this one and I apologize, forgot to look up the street names before tonight. But they were concerned that they were -- they would need traffic calming measures on some of the streets, because they got fairly long. The Commission has recommended approval at their December 15th, 2005, hearing. Shawn Nickel spoke in favor of the application at that time. The key issues of discussion were high groundwater and the fact that this site is not impacted by groundwater the way that Bellingham Park just north of it was. So, they did discuss the issue, but this isn't like what we saw in the -- just to the north where it was constrained by high groundwater. And, then, also they talked about cooperation with the Bellingham Park Subdivision homeowners association and the availability of pool and clubhouse located within that subdivision. I think they are proposing that they be part of that. The key Commission changes to staff recommendation, there weren't any. And to our knowledge there are no outstanding issues. I heard vaguely that one of the neighbors may be objecting to one of the stub streets, but I haven't heard from them directly. So, there may be someone here to testify tonight. I did want to point out that you do not -- you have findings in front of you, but I would ask that you not approve those Findings, because we did get a new staff report from ACRD, so we would like just one week to get you the Findings that incorporate the new conditions of approval from the ACRD staff report that was sent over today. With that I will answer any questions. De Weerd: So, Anna, with this being in a high groundwater area, would you be asking for certain procedures or standards in the building or building code to caution or to mitigate? Canning: Madam Mayor, Members of the Council, my understanding is that this is not a high groundwater area. That's why I clarified that although the discussion was on high groundwater, it was the fact that this site is not impacted by high groundwater like Bellingham Park was just to the north of it. Even though it's close proximity, the issues • Meridian City Council January 10, 2006 Page 33 of 59 are not there. And I think the applicant's engineer can probably address that a little better. But my understanding is that groundwater is not an issue on this site. De Weerd: Well, having lived in a subdivision that was -- it was not an issue when the subdivision that was was built, ours resulted in having some high groundwater issues and that was ten years after the fact. So, I guess you never know how some of these subdivisions change these things. But I would certainly like to hear from the engineer on how that works. Would the applicant like to come forward? Nickel: Good evening, Madam Chair. Shawn Nickel, 839 East Winding Creek Drive, Suite 201, in Eagle. Thanks for the opportunity. Staff did a good job of explaining the application, so I won't go into too much detail. And my engineer is available to add additional comment on the groundwater concerns. As you know, the Bellingham Subdivision and Messina Heights is located to the north. In your Comprehensive Plan the way this area is kind of developing, the intent was to decrease the densities as you went further south. So, we thought -- and I heard a little sigh when you guys -- are you disappointed that we don't have a PD in front of you with this application? We did -- De Weerd: It's refreshing. Nickel: I kind of thought so. We were kind of proud of ourselves as well. And that is a result of your new -- your new zoning ordinance, which allows us to do subdivisions without using the PD process. This is, however, a straight R-4, as staff indicated. We do have approximately ten percent open space within this development and we will be utilizing -- because it's the same developer as Bellingham, utilizing the pool and clubhouse to the north in Bellingham Park within the subdivision as well, in addition to our own stand-alone open space tot lot and recreation area in this development. That is, really, all I have. We are in favor of all the conditions of approval as recommended by staff and Planning and Zoning Commission and we will stand for any questions you have. De Weerd: Thank you, Mr. Nickel. Council, any questions for the applicant? Rountree: I have none. Thank you. De Weerd: I would like to hear from your engineer about groundwater. Bailey: Madam Mayor, Members of the Council, David Bailey, Bailey Engineering. Office address is 1500 East Iron Eagle in Eagle. De Weerd: Thank you. Bailey: We had some soil testing done on this and, actually, it was at the end of the irrigation season last year, so we expected it to be close to the highest level and the shallowest groundwater we found was in the northern portion of the site at about 5.5 feet. Your -- the city requirements are that we certify as the engineer that the highest Meridian City Council January 10, 2006 Page 34 of 59 groundwater level is -- or, excuse me, the center line of the street is at least three feet above the highest groundwater level. So, we will be certifying that with the plans and we have been doing grading plans on most of our projects and those have not been common in the past, to do a complete grading plan. We have been doing those and I think this, actually, is a requirement in the -- in the staff report. But we will do it in any case. And what we do on those is we show the final grading contours of it, we show what we expect to be the highest groundwater areas and we also show minimum finish floor elevation for each of the houses on the site, so that we can prevent that. And the water in crawl spaces, from my experience and -- well, let's put it this way, I spent a whole summer crawling around in Rose Creek in Boise, if you have heard the name of that. So, I have had quite a bit of experience with water in crawl spaces. Most of it is due to runoff and sprinklers and poorly drained, as opposed to actual groundwater encroaching into the crawl spaces. So, having the grading plan allows us to get proper grading away from the house and, of course, keep the groundwater out of the crawl space, but we have information on the soil that will, one, prevent drain water and sprinkler water from getting into the crawl space, because we are grading away from the house properly and, two, insure that the foundation is set high enough that we don't have a problem with that -- that issue there. So, I hope that answers your question on what we are doing on this. We had committed in the Bellingham Park Subdivision to require the builder to build all of the -- all of the houses with slab on grade construction, which avoids the problem altogether. And that's where we had the very shallow groundwater areas. We are also doing quite a bit of fill on the Bellingham site to raise the site up and still meet the three foot requirement of the city on that project. And I think those plans are done and I think they are either approved by the city or very close to being approved by the city for Bellingham Park. So, we do have some experience working with this kind of problem and this site just doesn't have the same problem that Bellingham has. It's away from the Ridenbaugh Canal and a little further from the Ten Mile Drain and so we don't have the groundwater issues that we had in Bellingham. De Weerd: I think some of the results of the issues in the older subdivisions that are affected when a newer one is built next door, is how the drainage is designed for the roads and sometimes those have a negative effect on it and certainly in the case that I sited that was an issue and you have sump pumps running quite a bit this winter because of that. And so it is an issue in our community and, you know, it is something that we need to be aware of when we make decisions to make sure that the long term viability and health of what we approve today is not compromised. Bailey: And I certainly understand that and we share the same concerns, obviously, as the engineers. Our name's on the plans for -- you know, when you look back at that ten year old subdivision I bet you found out who the engineer was -- De Weerd: Oh, yeah. Bailey: -- early in the process. And so we certainly had that same concern and we don't want to have the same problems that have occurred around the valley and so we are very sensitive to that. This -- the drainage on this site -- actually, the groundwater is • Meridian City Council January 10, 2006 Page 35 of 59 shallow enough that we are requesting from the highway district that we have the road side swale that's the section that we show on the plans and those appear to be working fairly well. It also allows us some really nice landscape areas, boulevard strips within the project as well to use that type of drainage design. De Weerd: As long as you have a good maintenance plan. Bailey: Okay. De Weerd: Okay. Thank you. Bailey: Thank you. De Weerd: Any questions for Mr. Bailey? Canning: Madam Mayor, I can address the one question about the condition of approval. There is a condition that says the soils report that was submitted is only a limited time frame of groundwater monitoring. The applicant shall submit updated groundwater reports at the final plat application and at that time the grading and drainage plan may be required by Public Works as deemed necessary by the city engineer. De Weerd: Okay. Bailey: Madam Mayor, we have continued to monitor the groundwater and will continue until the time of construction and probably through it as well. We have pisometers that are monitoring the groundwater level and we measure those levels every month. De Weerd: Thank you. Okay. This is a Public Hearing on Items 17 and 18. Is there anyone from the public who would like to comment? Please come forward. If you will, please, state your name and address for the record. Dalton: Thank you, Madam Mayor and City Council Members. I'm Sharee Dalton. live at 1771 East Lorawood in Eagle. I own the property at 2180 Amity, which is -- could we get the green one? Anyway, it is immediately to the east side here of the property to be developed and it's a piece of property that I have been working on for about five years in planning a senior housing PUD. It would be primarily a pedestrian community of very fewer automobiles is what the concept is I'm working on and I'm kind of concerned about this stub street. Would you put that back for me? The stub street as we -- this one that you brought up, Barkwall here, dead ends into my property and I'm here to request the City Council members to please consider extending the services onto the east and onto my property, but I don't feel that this is in an appropriate location for the future planning of the development adjacent. The other thing I was just looking at was as this is parallel to Amity, I would be very concerned if a roadway of that nature was to run all the way back down to Eagle Road. It would become a secondary, you know, road to Amity, which might create quite a problem. But just -- it is not -- it doesn't Meridian City Council • January 10, 2006 Page 36 of 59 work in terms of running astreet -- a public street into another community where you're going to have elderly people who are primarily walking around the property. I'm happy to answer any questions. I apologize for, you know, coming at this late date. I tried many many Planning and Zoning meetings trying to meet them on time, but wasn't able to meet them and I also wasn't aware that I could request that this public road not be put in. I thought that if you were going to run services you had to have a public road. But I think that it's very important that, you know, we consider this be a condition that we may not ask that this go through as a public road. Maybe just be another park space or something. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Dalton: I can answer any questions about groundwater. We have completed ours and found that the water is not very high in that location. We have done a 14 month study. De Weerd: Okay. Dalton: And don't have any groundwater adjacent. De Weerd: Thank you. Is there any further testimony? Okay. Mr. Nickel. Nickel: Madam Mayor and Council, again, Shawn Nickel. To address Mrs. Dalton's comments. First of all, as Anna stated in her presentation, this stub is, actually, going to move to the north and will stub in this location. As you all are aware, when ACRD and the city staff review an application, they look for the interconnectivity in the neighborhood and in this case ACHD did request a stub street to the east for later connectivity. I don't know what stage Mrs. Dalton is in for her design, but that is something that could be looked at by ACHD at the time that her design is submitted to the city and goes through the review. However, we are required by ACHD and I believe your staff also supports having that stub for future consideration in the event that -- for whatever that develops at to the east, so you do have that interconnectivity. So, with that I will stand for any questions. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't know that I heard, you might have said it and I probably missed it, but ACHD has made some comments about traffic calming requirements. Are you in agreement with those? • • Meridian City Council January 10, 2006 Page 37 of 59 Nickel: Yes, we are. Rountree: Okay. De Weerd: Okay. Council? Canning: Madam Mayor, Members of the Council, may I address the question of not having the stub street or should I or -- since I have opened the door, I guess I better start -- keep on going, uh. Madam Mayor, Members of the Council, as you know our Comprehensive Plan talks a lot about interconnected neighborhoods and not having developments that only turn inward and don't provide connections to other -- other adjoining properties and the idea is that we don't want people to have to go out onto the arterial streets in order to get around within the sections. Say someone in the retirement community wanted to visit someone in Bellingham Park, we don't think it's appropriate that they have to go out onto Amity and, then, Locust Grove in order to get there. In particular, the zoning ordinance -- the Unified Development Code is very explicit about gating private streets and that is not something that can be done and ACHD doesn't allow public streets to be gated. Also, the only private streets -- the only residences you can get on a private street is really for an apartment complex. So, there is not really going to be an opportunity for this property, probably, to develop without having a public street network. So, I would encourage you to keep that stub street as part of this application. De Weerd: Thank you. Okay. Council? Rountree: Madam Mayor, if there is no further discussion, I move that we close the Public Hearing on Items 17 and 18. Bird: Second. De Weerd: Okay. The motion is to close the Items 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Do I have a motion? Rountree: No discussion? Madam Mayor, I'll just make a comment about the internal networking and public streets and I agree with the direction that ACRD is going and the city supports. Speaking for the senior guys on the Council down here, that if we were in a senior development and my grandkids were in this development and I wanted to go to their birthday party at either the swimming pool or the public park or the neighborhood park, I'm not sure I'd necessarily want to have to get out on ultimately a five lane facility to do it and I think by moving this stub street to the location that's been suggested, you eliminate the potential for a lot of through -- cut-through kinds of moves that might • Meridian City Council January 10, 2006 Page 38 of 59 occur. So, having said that, I would move that we approve Item No. 17 for the request for annexation AZ 05-046, subject to comments. Wardle: I will second that. Does that include preparing additional Findings? Rountree: Preparing the new Findings. Wardle: And closing the Public Hearing. De Weerd: Be it noted for the record that our senior member made that motion. Rountree: I think we voted to close the hearing. Bird: No, we didn't vote to close the hearing. Rountree: Oh, we didn't vote to close the hearing? De Weerd: Yes, you did. Nary: Okay. I didn't hear it. Bird: Bill and I was talking. Rountree: That's the seniors down there. De Weerd: They had a senior moment. We have some residents for your development. Okay. We do have a motion on the table to approve Item 17. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18. Rountree: Madam Mayor, I would move that we approve Item 18, preliminary plat PP 05-049. Bird: Second. De Weerd: Okay. Motion to approve Item 18. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • January 10, 2006 Page 39 of 59 Item 19: Public Hearing: AZ 05-042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: Item 20: Public Hearing: PP 05-043 Request for Preliminary Plat approval of 29 single-family residential building lots and 8 common area lots on 8.57 acres in a proposed R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle Road: Item 21: Public Hearing: CUP 05-044 Request for approval of a Conditional Use Permit for a Planned Development for Medford Place Subdivision that includes reductions to the minimum requirements for lot size and street frontage by Dyver Development, LLC - 3335 South Eagle Road: De Weerd: Thank you. Items 19, 20, and 21 are public hearings AZ 05-042, PP 05- 043, and CUP 05-044. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Medford Place application or project and it's located on the west side of Eagle Road and the south side of Victory Road as shown on the vicinity map. It's an L-shaped property. The applications do consist of annexation and zoning, preliminary plat, and conditional use approval. The conditional use approval is for a planned development. I hope this is the last one. I think this is the last one to make it through the process. This one I'll explain why it got delayed as we go through the project. The project consists of 29 building lots and eight common lots on 8.57 acres and the applicant is proposing to set aside 12 percent -- and I do have to clarify that the staff report actually says 12 acres instead of 12 percent, but it's 12 percent open space, which is 1.02 acres. And that's excluding .street buffers. Normally, five percent would be required, so they are requiring quite a bit more than is mandated by the current code. The other amenities include two tot lot areas and a micro-path school site. Let me go up a couple. You can see the school site to the west of the property. So, this does adjoin it on the lower portion of the reverse L. The micro- path lot is right there. And this is an open space lot. The gross residential density is 5.83 dwelling units per acre and that's largely because a portion of this site is reserved for multi-family uses. These have -- these were first heard at the Planning and Zoning Commission on October 6th and, then, on December 1st and the reason for the long delay in those two Planning and Zoning Commission applications is because staff realized that the zones that the applicant was requesting for -- even though it was requesting a planned development, that the multi-family uses were not allowed within the requested zone. So, they have come back and requested both an R-8 and R-15 zone for the multi-family portion and Ican -- I think I have a nicer one. Yeah. Here we go. You can see that the kind of darker green areas are the multi-family lots. So, what you have is a four-plex -- two four-plexes at the north end of the site, divided by a parking area to serve those two four-plexes and, then, two more -- or three more sets as you go down Eagle Road. So, this would be zoned R-15. The multi family and the single family would be zoned R-8. I do have some elevations of the proposed multi- Meridian City Council ~ • January 10, 2006 Page 40 of 59 family units. These are similar to kind of the concept that the -- was brought to you last week where you have a single multi-family structure that's kind of made to look more like a large house. So, these are what would be along Eagle Road and, then, you would have the smaller single family homes behind them. These also provide a nice buffer to those single family uses from the fairly traffic'd Eagle Road. The Commission has recommended approval at their December 15th hearing. Kevin Amar spoke in favor of the application, as did Bob Aldridge. No one spoke in opposition, although there was two commenting parties, Mark Hartenstein and Chantelle Krasinski. I hope I got those names right for those in the audience. The key issues of discussion by the Commission were the elevations and the construction materials of the four-plexes, the traffic near the Eagle Road and Victory Road intersections and fencing. The key Commission changes to staffs initial recommendation were to add two conditions. The first one would read: Incorporate site elevations provided by the applicant, which were included in this testimony as samples of the elevations of the four-plex units. Each building shall include items such as rock, stone, brick, stucco, or masonite. The -- I'm sorry, there was three conditions. The second condition would be to add: The applicant has agreed to concentrate more of the trees and bushes and shrubs on Victory with heavier landscaping and to not see a sea of asphalt in the parking areas from the road. Also, the applicant agrees to try and concentrate landscaping around the trash enclosures, which will be in the rear of the project closest to Victory, the trees of different obscuring things. Also, to modify condition 1.14 to include the applicant's proposal to construct a six foot tall vinyl fence along Victory Road and Eagle Road. So, again, a lot of that discussion focused on the northern portion of the site along Victory Road. Outstanding issues for City Council, to staffs knowledge there are none. You do have Findings for approval. With that, I will answer any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question on the condition 1.38. Each building shall include items such as rock, stone, brick, stucco or masonite. The way that's written to me you could pick one of them and you meet the conditions stated. It seems to me that it's -- the intent is a combination of rock, stone, and brick in combination with stucco and masonite type siding, whether it's hardy board or whatever. What was the intent? Canning: Sir, I have to admit I didn't go back and read all the minutes, but I do believe that the intent was to have a variety of material, particularly along the elevations that front Victory and Eagle Road. So, you could -- you could clarify that condition to be at least two or three of the following materials. Rountree: Okay. And the second condition, 1.19, help me visualize obscuring things. Meridian City Council January 10, 2006 Page 41 of 59 Canning: You know, sir, I -- that one, obviously, caught me a little bit. I believe that the intent was to focus the landscaping -- instead of doing a -- kind of a uniform of one tree every 35 feet, to cluster those trees at the end of the parking aisles, so that you're obscuring those things from view, rather than the elevations of the homes, which are fairly attractive. Rountree: So, we could do a little wordsmithing there? Canning: Yes, we certainly can. Rountree: Okay. Thank you. De Weerd: Thank you, Mr. Rountree. Is the applicant here? If you will, please, state your name and address for the record. Amar: I will. Thank you, Madam Mayor, Council Members. My name is Kevin Amar. My address is 2364 South Titanium in Meridian. It's hard to remember your new address when you move. This project, as staff suggested, is on the corner of Victory and Eagle. It is in a -- again, a dynamic area. There is significant changes and significant growth in that area, not only as residential, but we have got the Silverado Business Park, as well as the EI Dorado Business Park. We have got a lot of entertainment coming in with the new theaters at the interchange. So, with this project we looked at it trying to think how can we transition from, obviously, a very busy corner into what is a -- primarily single family residential subdivision, that being Tuscany Village or Messina Meadows, I believe. It might be Messina Hills. I get those two confused. So, with this project we have incorporated -- our first thought was to do some more light office type space in this area. We were, actually, approached by the neighbors on other three corners who are proposing a Comprehensive Plan change to -- I believe it's a mixed use, so they can do more light office, but with this property and talking to staff and in analyzing the area, this square mile is primarily residential and they really -- staff being they -- encouraged us to keep that as residential, so they could support it and the city will still get a consistent look in that area. As I stated, we have Silverstone and EI Dorado business parks and a lot of other growth in this area that is more commercial in nature. So, looking at this site, utilizing a -- more of a mixed use type development in the residential end made a lot of sense to us, as well as staff and, therefore, we have their support and recommendation for approval. We also have -- as seen by the absence of the neighbors here tonight -- worked pretty hard with the neighbors in order to accommodate their concerns with the project. Initially when we came forward with this project at approximately this location is Falcon Drive to the east. Our first proposal was to align our entrance road up with Falcon Drive. That was a concern of the neighbors, simply because they have lived with that location and they deemed it too close to the intersection of Victory and Eagle simply to get on and off traffic. So, we were able to work with them and I actually have a letter from them stating to ACRD they would support the proposal we have now or at least the traffic proposal we have now, moving our main entrance down to the south and still providing future access for Meridian City Council January 10, 2006 Page 42 of 59 interconnectivity. This road that goes to the west generally lines up with another road that comes from the Tuscany Village project. So, this will be able to be redeveloped most likely with another cul-de-sac type design, all being accommodated for future growth and working that out. The intersection of Eagle and Victory is -- currently there are plans and ACHD has acquired right of way to improve that intersection. So, that is underway and that is ongoing. So, with this new road layout we have worked with the neighbors and we are proposing a better solution to what was originally planned and we appreciate the neighbors' help on that. They actually gave us some insight as to what -- to what current conditions are out there. When we came with this proposal, we proposed an R-8 zone and as we got to the Planning and Zoning -- the first Planning and Zoning meeting, we realized -- or staff helped us realize that we needed to -- rather than R-8 and incorporate what we have, have two different types of zoning, but the actual application has not changed from the first -- from the first submittal. At Planning and Zoning we discussed at length the Victory and Eagle section. And I know it was brought up tonight the landscaping. What we are proposing is not to decrease the amount of landscaping along the entire boundary, meaning we will have a minimum of one tree every 35 feet as per city code, we will simply increase the density of the landscaping adjacent to the parking areas, as well as adjacent to the trash enclosures, only to buffer and mitigate the view as you see it from Victory and Eagle. This site in itself is quite a bit lower than the corner of Victory and Eagle. So, as you look -- you won't look down and just see asphalt. We want to be able to buffer some of that with landscaping. Obviously, we are going to have a fence that will border the entire property. But, again, the topography is such that it is quite a significant downgrade to this property and we plan on buffering that. We are working with -- through our engineering plans to have a grading plan, because there will be significant grading. Currently there is an old spanish style house on the property, as well as a couple of older barns and things that will be removed, but in doing that we will have to re-grade the property in order to make it work for a development. With the types of multi-family units -- Anna showed apicture -- and if we could go back to that illustration, Anna, of the four-plexes or the multi-family unit, we have designed these in such a way that as you look at them they are not a typical four-plex. I mean you don't see all four doors at once. Canning: Madam Mayor, Members of the Council, Mr. Amar, I also have the photos that Shawn gave me. But you want the elevation? Amar: You know, if you do it on the overhead and use both of them, that has the rear elevation also and an illustration of the variation of types. So, if we can use that on the overhead, that would be great. Canning: Okay. Amar: The discussion at Council -- or at Planning and Zoning was the view of this site is primarily going to be from Victory and Eagle, so although the fronts of the homes or the structures look nice, people, other than those that are living in it, are going to see the rear of this building. So, this is what is going to be seen from interior of the Meridian City Council January 10, 2006 Page 43 of 59 subdivision. As you can see, there is one primary entrance and, then, a vestibule inside, with stairs inside that you access the other units from inside. So, as you look at it from outside, it looks like a nice single family -- single family home and it gives it a better feel, more of a residential feel than a commercial or an apartment feel and that's what we are looking for. As you look from the back of the -- Anna, if you could do the illustration, the actual pictures? You know, I have some that are actually hatched. Canning: Yes. Do you want me to -- Amar: Yes. Canning: -- just show that one? Amar: Yes. So, some of the concerns or questions at Planning and Zoning is if you look at this, this is generally the style that you would see from the rear. You can note the individual or private open space, the 100 square feet minimum that is required and we will make sure that that is adhered to, but I have hatched these areas simply as an indication -- at Planning and Zoning it was discussed -- we need to do a variation of building materials. So, let's assume this is -- this is -- De Weerd: You're not putting lattice on it? Amar: No. This is my handcrafted drawing. No lattice. No. No lattice. Not even in front of the windows. And it reduces the cost of shades on the interior when we do lattice on the exterior. De Weerd: Kevin, that's really ugly. Amar: I'm sorry. I won't do lattice then. I'm not an artist and you can tell. So, as you can see, primarily the rear of this building is stucco. Our intent and our -- one of the specific conditions of approval from Planning and Zoning was to use a variety of materials. So, if this were stucco, we would do some sort of masonry on these two columns or maybe on the middle columns, but as you drive down the Victory and Eagle Roads, it doesn't look like one building material the whole way. We are trying to increase the look on the rear, as well as the front, because, as I said, the rear is going to be seen more than the interior of the subdivision and that was a major discussion of Planning and Zoning and this was something that we all came up with, without the lattice, and I will specifically exclude the lattice, if you would like that. We can make a specific requirement that no lattice will be allowed on the rear of the elevation. Bird: Heck, I thought it was a security screen. Amar: It could be. Could be. Canning: Madam Mayor, Mr. Amar, you might want to show them the rear elevations, so that they can see that those are bay windows underneath the lattice work. Meridian City Council January 10, 2006 Page 44 of 59 Amar: Yes. That would probably be a good idea. This is a different style of a rear elevation. You can see on the other one this is a hatched area or lattice area, if you will, but it is, actually, a bayed window, so it's not one solid rear wall, it's a -- I guess there is some relief to the rear wall as you look down it. Again, giving it more of a residential house feel, more than amulti-family -- more than amulti-family feel, which is what we are going for. And we have another example of the other lattice if you'd like to see it. There it is. Again, just looking for a variety of homes or a variety of style. I know one of the conditions also speaks to the trash enclosures. We will be using obscuring things and I can define things a little bit better. Simply more of landscaping and bushes and that type, so you don't look at it and see a trash enclosure, but you see -- see something pleasing to the eye. And, again, no lattice. We will try to do something different. De Weerd: Kevin, can you tell me where the dumpsters will go? Amar: Yes, I can. Anna, can you go back to the subdivision layout on the computer? Apparently we are working with Bill Gregory, but our intent is to put those in the rear of the -- of the parking areas, if you will. He has indicated that's generally acceptable, he just wants to look at it a little more. But that gives the direct in and out, no opportunity for trucks that need to turn or anything else. It's the most efficient so far. And that's still up to his final approval. De Weerd: They will have enough room to turn around? They won't have to back in -- Amar: That's what he wants to look at. So, there may need to be another location, but, again, that will be something that he needs to tell us. We have offered the suggestion and he's generally supportive, he just wants some time to look at it, So, I believe that will be more something that will be looked at and approved with the final plat and the development plans in coordination with Mr. Gregory. But we are cognizant of his -- it's hard to turn those trucks around, especially in a parking stall such as these. De Weerd: And every single week. Amar: Every single week. Oddly enough, they come every week. So, we will work with them and we are aware of that. We have been working with them on a number of our developments. We are making him one of our regular contacts. With this project also there are actually two separate tot lots. We have one in this location that will provide for the -- for the northern part of the subdivision and we also have one down here to the south. This one most likely will be moved into this area just to keep it away from the main entrance of the subdivision and we will coordinate that with staff. We also have a pedestrian pathway that will connect to the school and we have coordinated that with the school district and they are supportive of that, they will want to be able to restrict access during school hours, but that's something that your staff had suggested and we will agree to and think it's a good idea. There is other common areas throughout the project, just to make it feel a little more open. The density is actually just over five units to the acre. The subdivision itself consists of 9.6 units -- or 9.6 acres. So, our density is Meridian City Council January 10, 2006 Page 45 of 59 -- falls directly in the middle of a medium density project and we will be consistent with that. On the exterior of the property will be all a vinyl fencing -six-foot vinyl fencing, so it will be nearly maintenance free until wind storms blow it over, things of that nature, and we will coordinate that during the course of development. De Weerd: So, Kevin, on the maintenance around each of the duplexes, is that common area that the homeowners association maintains or what is the plan for maintenance on that? Amar: It will be owned privately, but it will be maintained by the homeowners association. Actually, probably a separate users association for the multi-family will be set up between these units and those units will have the maintenance of the common area, specifically related -- or the open areas specifically related to the multi-family. And, then, the overall subdivision will maintain the balance of the common area, the frontage landscaping and such. So, there will most likely be two separate entities maintaining the landscaping. De Weerd: And the buildings would be individually owned? Amar: Could be. I mean one person could own them all, but our intent right now is to set those all up as an individual lot, so all of them would be on their own lot and are able to be purchased individually. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is there a sidewalk incorporated in the surrounding landscaping on -- Amar: There is. One of the conditions from Ada County Highway District is we put up money for the portion of sidewalks from this point to this point, simply because in the course of development of their intersection they don't want to remove sidewalk. So, for those portions we will work with Ada County Highway District and either construct it if it can be built or we will provide the funds for it to be constructed in the future. For the balance of the property there will certainly be sidewalk provided with the development, as is consistent with Meridian code, as well as Ada County Highway District code. De Weerd: Are you giving enough so it's detached? Amar: It will be detached. De Weerd: Thank you. Rountree: Madam Mayor? Meridian City Council January 10, 2006 Page 46 of 59 De Weerd: Mr. Rountree. Rountree: Your architect's rendering of the four-plexes I find refreshing. I hope you can accomplish that. I'm a little concerned about the real life example you gave for what the rear of the -- of a complex looks like and that's very much reflective of the kinds of things that I am adamantly opposed to, where we have, essentially, a military war era compound, everything is the same, everything is the same color, so if you can assure me that that is not going to happen, I'd appreciate it. Amar: Madam Mayor, Councilmember Rountree, we have not built any of these four- plexes and that's why we don't have a rear elevation. These were as close as I could find, but the lattice area, one, will be able to break the compound military area -- era up and we do intend on making them similar to what we have shown in the renderings. In fact, I think it's one of the specific conditions within the development agreement, if I remember that the -- the elevations would be similar to those as shown, correct, Anna? So, we are certainly -- Rountree: Varying colors and materials, so every unit is not a clone of the next one. Amar: Correct. All the -- now, let me clarify. All the front elevations will be the same, but we will use different materials. Rountree: Yeah. Amar: Correct. De Weerd: I think where you show the front elevations, there is warmth and I think not using the stucco -- your example here is a stucco and I think what attracted me on the front side of those was the warmth and the curb appeal that you would not get with stucco. Amar: Correct. And there will be a variety of building materials. That was why at Planning and Zoning they specifically asked us to bring back examples of rear elevations and we had that discussion about a differing material on the rear, so you get the warmth and the variety. We intend on meeting that requirement. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Kevin, you mentioned earlier about each unit could be individually owned? Meridian City Council January 10, 2006 Page 47 of 59 Amar: Each -- I'm sorry, Madam Mayor, Councilmember Borton, each multi-family unit. So, each four units could be individually owned. This is not a condominium project. It will be a subdivision, I guess. De Weerd: Okay. Any further questions for the applicant? Thank you. Amar: Thank you. De Weerd: Okay. This is an open Public Hearing on Items 19 through 21. Is there anyone who would like to provide further testimony on this application? Okay. Seeing none, Mr. Borton, would you like to close the Public Hearing? Borton: I would move that we close the Public Hearing. Wardle: Second. De Weerd: Would that be on Items 19 through 21? Borton: It would 19 through 21. De Weerd: I thought that's what your motion was. Wardle: Second agrees. De Weerd: All those in favor say aye. All ayes -- MOTION CARRIED: ALL AYES. Rountree: And congratulations. Bird: It took you long enough kicking you in the shins to get you to say something. Nary: Madam Mayor? De Weerd: We weren't going to let him get out of here until that happened. Bird: I can't believe it's out of a lawyer. De Weerd: Anna, did you have comment? Canning: Madam Mayor, Members of the Council, perhaps they are not appropriate to make, but -- now that the Public Hearing's closed, but I guess I just wanted to reflect what I was hearing from Council is -- Councilmember Rountree as far as the changes to the conditions on 1.3.8 and additional comments by the Mayor that perhaps what you wanted to include was items such as rock, stone, and brick as accent materials and I also heard limiting stucco, perhaps. So, I just -- that's what I heard. So, I just wanted to Meridian City Council January 10, 2006 Page 48 of 59 -- if Council provides clear direction in their Findings -- in their motion, I'm sure I will be able to figure this out, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe to assist you, if what you're seeking and if you're approving this, on 1.3.8, is something to the effect of a variety of colors and materials includes differing items, such as rock, stone, brick, or masonite, as accents on the rear elevations, but that it would still be consistent with the front and I think I heard Mr. Amar say that the fronts were going to be similar, but you, obviously, want the rear to have some relationship to the front, but something of that nature would at least get some clarity into those -- into that condition that I think Mr. Amar was comfortable with was providing that variety and differing look among those things. And on 1.1.9 I think what was intended was that it be trees and other site obscuring vegetation or landscaping, not just obscuring things. I think that's what -- what the discussion was. De Weerd: Obscuring vegetation. There we go. Nary: If Mr. Amar had something else he wanted to add, he probably could tell Mrs. Canning, so that if she wants to put that on the record, we can probably do that. De Weerd: Okay. Council, do you need any further information? Did some of that direction help in crafting a motion after we hear from Mrs. Canning? I guess, Anna, it will be your call if we need to reopen the Public Hearing to get comment from the applicant. Canning: Madam Mayor, no, I don't believe it's necessary. I believe that staff can take direction from Council to revise the findings and we will run them by the applicant and make sure that we are all on the same page. De Weerd: Okay. Okay. Council, do you need any further information from staff or are you ready for a motion? And I'm sure you probably aren't going to make Mr. Borton make this motion. Bird: I thought he would be glad to, being a lawyer. Rountree: I see Mr. Rountree made -- Bird: He's sure being quiet, because the last lawyer we had -- De Weerd: Mr. Rountree has a made a lot of notes. Does that designate you as the motion maker? Meridian City Council January 10, 2006 Page 49 of 59 Rountree: I can do that. De Weerd: Okay. Rountree: If you want to go ahead and do the annexation and preliminary plat -- Bird: Yeah, I will. Rountree: -- I will do the CUP. Bird: Madam Mayor, I'd move that we approve AZ 05-042, incorporate staff, applicant, and public testimony. Wardle: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Canning: Clarification, Madam Mayor? Since I anticipate that we will have some changes that need to be made to the conditions of approval regarding the preliminary plat and the CUP, would that motion include directing staff to bring back Findings in two weeks? Bird: If I make it it would be. But why -- Anna, why would we have any changes in the preliminary plat? Wouldn't all those changes, like the building materials -- Canning: Yes, sir, they could be. Bird: That's right, the road. We have to change the road. That's right. They did move the -- or was that under the -- so we would have nothing under the preliminary, it would be all under CUP? Am I not right? Canning: Yes, sir. They could be done there. Bird: Okay. Thank you. Madam Mayor, I move we approve PP 05-043, with applicant, staff and public testimony, and for the Findings to be returned for approval in two weeks. De Weerd: Mr. Bird, we still have a motion to approve on 19 that I haven't asked for the vote on. Bird: We voted on it. Meridian City Council January 10, 2006 Page 50 of 59 De Weerd: I don't believe I have. Bird: You asked Charlie to vote. We voted. Rountree: You helped me vote. De Weerd: Oh. Sorry. I wanted to wait for you to vote. Sorry about that. So, do I have a second to Mr. Bird's motion? Wardle: Second. De Weerd: There is a motion to approve Item No. 20. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Mr. Rountree. Rountree: Madam Mayor, I move that we approve the Conditional Use Permit, Item No. 21, for Medford Place Subdivision, CUP 05-044, with the following changes to staffs recommended conditions: Condition 1.13.8 would read, second sentence, each building exterior shall include a variety of materials and colors and using such accent items as rock, stone, or brick in combination with stucco or other appropriate siding material. The second condition, 1.1.9, the last words in that condition, obscuring things, be deleted and substituted: And differing vegetative screening. And also address the road modification as presented. Canning: Sir, I think there is a little confusion. The road modification was on the previous application. Rountree: Okay. It's the sidewalk. Condition as explained by applicant. Canning: Okay. De Weerd: Okay. Do I have second? Bird: I second that. De Weerd: Okay. So, I do have a question for the motion maker, that you're suggesting that those buildings be stucco with accents? Rountree: I have no objection to stucco. De Weerd: Okay. It won't look like the elevation on the front side, then, with stucco. Meridian Ciry Council January 10, 2006 Page 51 of 59 Rountree: They could put stucco where the lap siding is shown, in combination with accent material. De Weerd: Okay. So, you could use masonite. Rountree: You may use masonite, you could use hardy board, you could use cedar or lap siding if you -- De Weerd: No. Please don't. Bird: You could use brick. De Weerd: Okay. Thank you. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Bird: Madam Mayor: De Weerd: Yes, Mr. Bird. Bird: And I think that also included two weeks for Findings on that? Rountree: New findings. Yes. Bird: New Findings. Item 22: Public Hearing: Exchange of City-owned Property and Privately Owned Property located at 55 E. Broadway Avenue: De Weerd: Two weeks is the magical number. Okay. Item 22 is Public Hearing on the exchange of city-owned property and privately-own property on 55 East Broadway Avenue. I will open this Public Hearing with staff comments. Anna or Bill, I don't know who is taking this. Nary: Madam Mayor, I could probably start. This is the Public Hearing for a land exchange that is being proposed. The map that's up there on the board indicates Broadway to the north. There are three different parcels that we are looking at. The city owned parking lot that is currently on the south side of Broadway is adjacent to what was formerly a gas station, it's now owned by Dave Buich. There was a project that was approved by the Council in 2005 for a condominium retail office project on that site. What is being proposed here is that the current city lot -- there are 35-foot wide lots in Meridian City Council January 10, 2006 Page 52 of 59 this Old Town area of downtown Meridian. The city owns the portions that are currently on this map immediately adjacent to the Buich property, 30 feet wide, and, then, the middle portion on this -- on this color -- on this rendering -- or this picture is part of the city's lot. The portion on there that is pink is actually attached to the creamery lot that's immediately to the west of the city parking lot. What is being proposed is Mr. Buich was going to purchase that 30-foot wide portion of the lot there adjacent to the creamery and exchange the -- what's the yellow piece that's attached to his -- or next to his property, exchange that for the 30 feet on the other side of the city parcel, that would remain the city's property. That would allow for continued parking, what Mr. Buich has discussed with the Meridian Development Corporation administrator and also with the Ada County Highway District is because although the properties would be of similar value, they couldn't re -- they couldn't recreate the same parking lot configuration as currently exists, based on new parking requirements for backup drive aisles, handicapped spaces and the like, they would need more space -- they'd have less parking spaces in the new lot of those two parcels. Mr. Buich would, then, provide I believe what was -- was last told was 17 parking spaces on Broadway to compensate for the loss of parking spaces in the public lot. The only thing I am not aware of -- and I was reviewing while we have been here some a-mail correspondence we have received from the administrator from the Meridian Development Corporation, is I don't believe the purchase of the properly from the creamery portion has been completed yet by Mr. Buich. What this Council can do, if you want to, is if you wish to approve the land exchange, you could take action on that tonight, you can hold off on the ordinance effectuating the exchange until we either have an MOU agreement to make sure that's accomplished in case the deal somehow doesn't occur, although Idon't -- from what I have been told that doesn't appear to be a likelihood, but it hasn't been completed yet. You could hold off on that ordinance a week or two until it is completed. Again I don't know the time table for that. Mr. Bowman indicated he was out of town tonight, so he wasn't able to be here to give you more detail. But that's as much as I know. Essentially, the exchange is a like value for like value, because you are exchanging, essentially, identical properties, the only difference is that one of them is -- currently has some remainder of the creamery is on that, if you have noticed in the top portion of that pink parcel that the city -- the city would be receiving in this exchange currently has a loading dock there, so there is a portion of that that's going to need to be cleared and such and I don't have any further information if that was part of the exchange or whether that was going to be completed prior to the transfer of the property. I believe that was the intent was that lot would become like for like with the city's parcel by that portion of the property being cleared to be able to be made into a parking lot. Again, all of those fine .details haven't been completed, so if you want to grant approval to the exchange and hold off on the ordinance until some of those other details are completed, you certainly can do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 10, 2006 Page 53 of 59 Bird: I believe that this is a process that's being done and as I understand it from the seller, that he will turn the property over with that grant, so it will be like property. As understand, they are working on that. De Weerd: Mr. Bird, I guess I remember it being stated that, you know, it -- he would develop that. So, that would necessitate that ramp being gone if that is to turn into a parking spot. Bird: It is. The ramp does go. As I understand it, the seller will have it gone when the buyer buys it. De Weerd: Okay. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, what's the -- tell me what the point of approving the transfer now before there is a memorandum of understanding of how it's going to be developed into parking and holding off on the ordinance versus waiting until that agreement and understanding is settled? Nary: Madam Mayor, Councilmember Borton, the statutory requirement is to hold your Public Hearing tonight, so you can take an action to go forward with the transaction pending those other outcomes to occur. My only reason for wanting to complete at least that portion of it is to make sure, from a planning standpoint, that we have satisfied all the requirements of the Public Hearing portion and if the Council wishes to take action to go forward, holding off on the ordinance -- if the ordinance actually directs the transfer of a deed as part of the transaction and there is some other things that needs to occur prior to that, that was my only thought was to at least hold off on the ordinance portion and the direction to actually transfer the properly until the rest of the things have taken place. But if the Council wants to simply make a motion and action to agree to the transfer pending the other things, you can do that. Does that make sense? Borton: Uh-huh. Nary: Okay. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I should know the answer to this, but I don't remember the discussion. Will the pink parcel, for lack of a better word, be graded, drained, and paved, so it will Meridian City Council January 10, 2006 Page 54 of 59 function as a parking lot? Striped and access. That was my understanding, but it wasn't stated. And I can see that that's like for like, the green lot -- I assume that's green -- will function as more of a driveway to access that parking and provide access to the expanded parking of the future development on the corner of Broadway and Main and that additional parking -- public parking will be provided on Broadway as parallel parking to compensate for the loss of city parking in that lot. So, there is -- parking come out whole in this deal. Nary: Madam Mayor, Members of -- Rountree: Minus, I believe, one or two -- or the city actually gains several. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, yeah, just so that the record is clear, you're correct, the intent is is to take the parcel that is immediately currently adjacent to the creamery property to make it a like exchange, to make it gradable and graded, so that it can be converted to a parking lot. The drive aisle, from what my understanding is, the middle parcel in this picture that still is the city's ownership currently and would remain, basically, becomes a portion of the drive aisle of the parking lot. So, currently, the way this is -- and you can kind of see it underneath the colors that are there, the portion of the parcel that is on the eastern side of this three pieces has parking spaces on it, the portion that's in the middle has parking spaces. They no longer will have parking spaces on both of these. One will become a drive aisle, the portion that Mr. Buich would retain would become an access point to his property for parking and the like. I don't believe there is parking that's intended to be on it. And the portion that is adjacent to the creamery property, the pink one on the picture, would have parking spaces and, then, the net gain to the city is the -- with those parking spaces and the street parking that are required for Mr. Buich to make this all happen, there will be an actual increase of a space or two than what currently exists in that parking lot. Rountree: But my concern, for clarification -- or need for clarification is that I'm okay with the way the deal's structured, as long as in the transference or in the memorandum of understanding, somehow the city is indemnified against any liability of something happening on that piece of city-owned property that is going to become a service entrance to a private endeavor. Nary: The city-owned property -- I believe, Councilmember Rountree, the city-owned portion, the middle portion of these three parcels, will be the service entrance to the city parking lot. The portion that Mr. Buich would get in this transaction would be his property and that would be the entrance to his parcel. Rountree: Okay. Okay. So, there is going to be a line of demarcation? Nary: Right. Rountree: All right. Meridian City Council January 10, 2006 Page 55 of 59 De Weerd: Okay. Any further questions? Okay. Hearing none, I would entertain a motion, I guess, to close the Public Hearing. Borton: I move that we close the Public Hearing. Bird: I will second it. De Weerd: All right. Johnny on the spot. There is a motion to close the Public Hearing on Item 22. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do you dare make a motion as well? Borton: I do. Madam Mayor, I would move that we approve the exchange of the city- owned property and hold off on the ordinance pending approval of a memorandum of understanding to secure a build out and completion of the magenta parking portion. Wardle: I will second that motion and ask just for a quick clarification from the motion marker. Is hold off a legal term? Nary: I believe so. Bird: I don't care whether it's legal or not, at least it's layman. I don't want these two guys to get talking their law jarbridge that we can't understand it. De Weerd: That's jargon. Is there any further discussion? Borton: Being that it's my motion, I'd like to discuss it a little while. De Weerd: Okay. Borton: No. I -- De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Rountree: I would like to make a comment that Mr. Borton's partner was the only one objecting to the action. De Weerd: Which may really be appropriate to ask him to -- Meridian City Council January 10, 2006 Page 56 of 59 Bird: He made the motion. Borton: He'll have the minutes on his desk. Item 23: Ordinance No. 06-1211 Ordinance Authorizing the Exchange of Property: De Weerd: Item 23 is Ordinance No. 06-1211. Mr. Berg, will you, please, read this ordinance by title only. Nary: Madam Mayor? De Weerd: Oh, I'm sorry. We didn't do it, so you don't need to. Nary: I would simply ask, Madam Mayor, Members of the Council, if you would give us two weeks and, then, we can either put it back on your agenda, if everything is completed with an MOU or an update to you as to what is necessary and if it needs to be further, we can bring that back to you. But I don't know how long Mr. Bowman is out of town and I want to make sure we have all of those details done before we bring it back to you. So, if you could delay it for two weeks, that would probably be sufFcient. Item 24: City Council President -Election of Officers for City Council: De Weerd: Thank you. Okay. Item 24. I will turn this over to Council President Wardle. Wardle: Thank you, Madam Mayor. It is time that we elect our City Council president and vice-president by statute and city ordinance, so I will open this for nominations. Bird: Mr. President? Wardle: Mr.6ird. Bird: I would nominate Shaun Wardle for president of the -- this year, '06. Wardle: Mr. Wardle will accept nomination. Any further nominations? Rountree: Madam Mayor? Bird: Hearing none -- De Weerd: Yes, Mr. Rountree. Rountree: I move that the nominations cease. Bird: I second that. Meridian City Council • January 10, 2006 Page 57 of 59 Wardle: Nominations have been closed for election of Council President. Mr. Nary, do I an affirmative vote? Nary: You could do it by voice vote. That's probably adequate. De Weerd: I would roll call. Wardle: Just so the Mayor can break a tie. All in favor of Shaun Wardle for City Council President, 2006, say aye. MOTION CARRIED: ALL AYES. Wardle: I will now open nominations for council vice-president. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would nominate Councilman Joe Borton. Borton: Accept the nomination. Wardle: Mr. Borton accepts nomination. Further nominations? Bird: I move that nominations cease. Rountree: Second. Wardle: Nominations have ceased. All in favor of our new Councilmember Joseph Borton as vice-president say aye. MOTION CARRIED: ALL AYES. Wardle: Thank you. On that note I would thank you for the election again. I will work harder this year and do a better job. And I know Joe will make me do a better job. Borton: No question. De Weerd: Well, I think the men on my right had a senior moment or something, but I will honor the new vote and welcome our new vice-president. Borton: Thank you. De Weerd: Okay. Item 25 is Executive Session per Idaho State Code 67-2345(1)(c) and (f). Do I have a motion? Meridian City Council ~ • January 10, 2006 Page 58 of 59 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we go into Executive Session per State Code 67-2345(1)(c) and (f). Bird: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll-call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 25: Executive Session per Idaho State Code 67-2345(1)(c): De Weerd: Thank you. We will adjourn into Executive Session. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: Can we just have the record show that we made those motions? De Weerd: Just one more time, humor. Bird: I move that we come out of Executive Session. Rountree: Second. De Weerd: All those in favor? ALL AYES. MOTION CARRIED. De Weerd: Adjournment? Bird: So moved. Rountree: Second. De Weerd: All those in favor? Meridian City Council January 10, 2006 Page 59 of 59 ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) .h~~ MAYOR MY DE WEERD 4®®o``~`e~``~-~~+t~~~t~°~~e®s~,e/ a® ~~~ .A1 `o°. ~ °fi 0 '_ P'<fiTEf~E == ~G„_ ~.~ Tt~~. ~' `~~ ~rsse an LJ ~/ Z~/ ~~ DATE APPROVED G. BERG JR., CITY CLERK • ! January 6, 2~6 MERIDIAN CITY COUNCIL MEETING January 10, 2~6 APPLICANT ITEM NO. S-A REQUEST Resolution -Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority AGENCY GITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution ~~~SoD ~ pb Con#acted: Date: Phone: Emailed: Staff Initials: Materials presented at public tneeiings shall become properly of the City of Meridian. f ! CITY OF MERIDIAN RESOLUTION NO. ®~® ~d® BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Idaho Code 40-2106, that the following persons be appointed to the Va1leyRide Regional Transportation Authority Board: Transportation Planner Steve Siddoway as a primary representative City Council Member Joseph W. Borton as a primary representative City Attorney William L.M. Nary as an alternative representative P & Z Commissioner David Zaremba as an alternative representative Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of ~r y , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of ~i-t,v~~ , 2006. RESOLUTION FOR VALLEYRIDE BOARD APPOINTMENTS Page 1 of 2 s APPROVED: ~~~~1``""" o;,T y de Weerd .~~~\`'``` ~ s®®® ATTEST: ®~ ~' ~4~, ®'®® o William G. Berg, Jr., Cit Cler = ~ ~. ~~®_ T iS~ . ~ ``®~. - I I t 11 11111 RESOLUTION FOR VALLEYRIDE BOARD APPOINTMENTS Page 2 of 2 January 6, 2006 MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT ITEM NO. S' B REQUEST Budget Amendment for Wastewater Treatment Plant Facility Plan Update Project: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MER1DiAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached ~~~ ~ ~~?~D ~' Date: Phone: Staff Initials: Materials presented at publk meetings shall become property of fhe CHy of Meridian. • . • t , • ~r • To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 01 /05/2006 Re: Proposed Agenda Items for January 10, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 10 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment -Wastewater Treatment Plant Facility Plan Update Proiect. We are requesting a budget amendment, along with creation of a new line item, for the "Wastewater Treatment Plant Facility Plan Update Project". This amendment will allow us to enter into contract with an engineering consultant during this budget year to complete the facility plan update for the future expansion of the wastewater treatment plant. This budget amendment is for completion of the .facility plan document in the amount of $300,000. Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Wastewater Treatment Plant Facility Plan Update Project in the amount of $300,000 for FY 2006. Wastewater Treatment Plant Facility Plan Update Proiect Carollo Engineers has submitted a task order, scope of work, and budget for this facility planning document. They propose to complete the work for $269,000. This is a result of the selection of Carollo Engineers from their proposal that was received by the Public Works Department on November 2, 2005. This project shall be generally described as services necessary for completion of a Facilities Planning Document. The document will be intended to meet the requirements of Idaho Department of Environmental Quality (DEQ) for wastewater facilities State Revolving Loan program. Aside from DEQ's requirements, the completed document will also serve as a preliminary design report, including planning-level drawings of treatment plant processes, ready to proceed to design. • Page 1 f ~ Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Facility Plan Update Project with Carollo Engineers for $269,000 and authorize the Mayor to sign it. Wastewater Treatment Plant Exoansion Proiect Task Order No 4 Carollo Engineers has submitted a task order, scope of work, and budget for this design project based on updated population projections. They propose to complete the work for $515,749. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26~' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of the design of a Centrifuge, Anaerobic Digester No. 4 and No. 5, Biosolids Dryer Storage Silos, a digester gas storage facility and ultraviolet disinfection expansion to match the build-out capacity of the liquid-phase treatment. Digester 4 and 5 will provide digestion capacity such that the original Digesters 1 and 2 may be taken out of service. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers for $515,749 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 January 6, 2006 C7 MERIDIAN CITY COUNGL MEETING January 10, 2(~6 APPLICANT ITEM NO. S-C REQUEST Contract for Wastewater Treatment Plant Facility Plan Update Project with Carollo Engineers: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~ ~,i~,o~ ~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe Ctiy of Meridian. 7'0: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 01/05/2006 Re: Proposed Agenda Items for January 10, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 10 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment -Wastewater Treatment Plant Facility Plan Update Protect. We are requesting a budget amendment, along with creation of a new line item, for the "Wastewater Treatment Plant Facility Plan Update Project". This amendment will allow us to enter into contract with an engineering consultant during this budget year to complete the facility plan update for the future expansion of the wastewater treatment plant. This budget amendment is for completion of the facility plan document in the amount of $300,000. Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Wastewater Treatment Plant Facility Plan Update Project in the amount of $300,000 for FY 2006. Wastewater Treatment Plant Facility Plan Update Protect Carollo Engineers has submitted a task order, scope of work, and budget for this facility planning document. They propose to complete the work for $269,000. This is a result of the selection of Carollo Engineers from their proposal that was received by the Public Works Department on November 2, 2005. This project shall be generally described as services necessary for completion of a Facilities Planning Document. The document will be intended to meet the requirements of Idaho Department of Environmental Quality (DEQ) for wastewater facilities State Revolving Loan program. Aside from DEQ's requirements, the completed document will also serve as a preliminary design report, including planning-level drawings of treatment plant processes, ready to proceed to design. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Facility Plan Update Project with Carollo Engineers for $269,000 and authorize the Mayor to sign it. Wastewater Treatment Plant Expansion Proiect Task Order No 4 Carollo Engineers has submitted a task order, scope of work, and budget for this design project based on updated population projections. They propose to complete the work for $515,749. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26~' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of the design of a Centrifuge, Anaerobic Digester No. 4 and No. 5, Biosolids Dryer Storage Silos, a digester gas storage facility and ultraviolet disinfection expansion to match the build-out capacity of the liquid-phase treatment. Digester 4 and 5 will provide digestion capacity such that the original Digesters 1 and 2 may be taken out of service. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers for $515,749 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 January 6, 2006 MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT ITEM NO. S-D REQUEST Contract for Wastewater Treatment Plant Expansion Project with Carollo Engineers: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEFT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aftached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of tits City of Meridian. Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 01 /05/2006 Re: Proposed Agenda Items for January 10, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 10 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment -Wastewater Treatment Plant Facility Plan Update Project. We are requesting a budget amendment, along with creation of a new line item, for the "Wastewater Treatment Plant Facility Plan Update Projects. This amendment will allow us to enter into contract with an engineering consultant during this budget year to complete the facility plan update for the future expansion of the wastewater treatment plant. This budget amendment is for completion of the facility plan document in the amount of $300,000. Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Wastewater Treatment Plant Facility Plan Update Project in the amount of $300,000 for FY 2006. Wastewater Treatment Plant Facility Plan Update Project. Carollo Engineers has submitted a task order, scope of work, and budget for this facility planning document. They propose to complete the work for $269,000. This is a result of the selection of Carollo Engineers from their proposal that was received by the Public Works Department on November 2, 2005. This project shall be generally described as services necessary for completion of a Facilities Planning Document. The document will be intended to meet the requirements of Idaho Department of Environmental Quality (DEQ) for wastewater facilities State Revolving Loan program. Aside from DEQ's requirements, the completed document will also serve as a preliminary design report, including planning-level drawings of treatment plant processes, ready to proceed to design. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Facility Plan Update Project with Carollo Engineers for $269,000 and authorize the Mayor to sign it. ~ Wastewater Treatment Plant Expansion Protect Task Order No. 4. Carollo Engineers has submitted a task order, scope of work, and budget for this design project based on updated population projections. They propose to complete the work for $515,749. This is an extension of the agreement between the City of Meridian and Carollo Engineers approved by City Council on the 26"' of October, 2004 for the Wastewater Treatment Plant Expansion Project. This project consists of the design of a Centrifuge, Anaerobic Digester No. 4 and No. 5, Biosolids Dryer Storage Silos, a digester gas storage facility and ultraviolet disinfection expansion to match the build~ut capacity of the liquid-phase treatment. Digester 4 and 5 will provide digestion capacity such that the original Digesters 1 and 2 may be taken out of service. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers for $515,749 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 January 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT Mayors Office ITEM NO. 6-A-~ REQUEST Appointment of Mito Alonzo and John Nesmith to Parks Commissioin AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See alfached ~ y ~ N'L p IO ~, r ~o,oy `o,~ ~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of th® Cily of Meridian. 01/85/2006 22:17 2084547624 DIST 3 P&P PAGE 02 • i MI'I'O AUO.I~TZO )EaJ~P:EIt,T~~T4"E October 2000 -Present Idaho Department of Correctiod Caldwell, ID Probation and Fatale Senior Probatifon and Farole OIf`icer 9upexvise an average of 85 offenders maathly Develop case plans fox offenders Conduct tteatt»e~ residence aid cmploymeat veriScatioas Participate in community youth development activities May 1997 - October 2000 Idaho DepartoQeat of Correction Probation and Fatale asol ~t Chanis Meridian, ro 83642 zos-ass-s44s Caldwell, ID Pre-sentence Inve9t-gator la depth investigations and assessments of defcndaat's personal history ha depth interviews of victims and wAtv~ses Txtepare pre-se~rtence investigation repozts finr the Courts and make rccotmttondatians far scntcncing February 1993 -October 1993 Fast Palo Alto Police Dcpartrnont Palo Alto, CA Drug Task Force l+efnuaiy 1994 -August 1996 Hahn Properties Snzmyvale, CA Security Lieatcasnt - Pxatectall persons and property SupErvise atlier o~ioetts Enforcement of laws, roles and policies 1989 -1992 Jerome County Sheriff s OilSce Jerome, ID Under'heriff Managed all personnel and operations for. fire department Tmforcement of civil aid criminal laws Enforcement of department's policies and procedures Deparmnent Public Information p$5cer 1980- t9$8 Jerome Police T)epar4ment Jerome, iD C:ptaln Served as Department Administrator Supervised and tr~naged all aasigpttnaots of patrolunea, criiixuinal im-estigators, and office staff t3enexal police duties OT~:iB Eilingual in 3parAis}r Pe7sonol security for Eddie DeBaroolo, owner of San Francisco 49~ 3rersoaal security for 17r. Armand Honorer during i 984 Suannler Olympics EDUCATION rdalrn Peace Officer Standards Training Acaderrry (Basic, intermediate, sad Managemccm certificates) AA Degree, College of Swtbera Idaho, Twin Falls Lvs A>ageIes Police Academy Jan 09 06 12;41p 5211 N. Lakewood Place Phone 20&688-3878 Meridian, Idaho 83842 E-mail jneamith~meridianautocare.~m John Nesmifh Objective 1 would like to become a Parks and Recrs~ation Commissioner representing the Meridian Community with integrity. ProFessionel 1993 -Present Meridian Automotive and Machine experience manager e Additional Race late model stock cars at Meridian Speedway and other venues pr~i+~rml since 1990. activities professional Member of Kiwanis, Meridian Chapter since 2003 n~nlmrships Member of the Meridian Chamber of Commerce since 1995 Graduate of Leadership Meridian 2003-2004 Community Actively involved in the Boy and Girls Club in Meridian activities Paint the Town- Kiwanis Winterland Parade Judge Chili Feed Cook Off- Volunteer Pan Cake Feed- Volunteer Local resident for 38 years p. 1 Accreditation ASE Certified Master Technician Meridian Chamber of Commerce Small Business of the Year Award 2005 • January 6, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT Parks Department -Doug Strong ITEM NO. 6-8-1 REQUEST Discussion of Meridian Youth Baseball and Softball Cost Issues: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contac#ed: Emailed: Date: Phone: Staff Initials: Materials presented at pubdc meetings shall become property of the City of Meridian. January b, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT Public Works Department -Len Grady ITEM NO. 6-C-1 REQUEST Water Service for Sevoy Antique Store AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~ / CITY SEWER DEPT: 1/"~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ~ ~~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. January 6, 200b Department Reports MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT City Attorney -Bill Nary ITEM NO. 6-D-1 REQUEST Discussion of Vicious Dog Ordinance: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached ordinance OTHER: Contacted: Da#e: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. January 6, 2006 MERIDIAN CITY COUNCIL MEETING January 10, 2006 APPLICANT The Land Group ITEM NO. 8 REQUEST Request for Release of Lighthouse Ridge Subdivision from the City's Referral Area by The Land Group AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS fRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Aflached Memo / Correspondence OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 6, 2006 MERIDIAN CITY COUNCIL MEETING FP 05-074 January 10, 2006 APPLICANT Ada County ITEM NO. 9 REQUEST Tabled from January 3, 2006 -Request for Final Plat approval for 3 building lots and 1 common lot on 12.01 acres in an I-L zone for Weed and pest Control Campus Subdivision -south side of East Pine Avenue and west of Locust Grove AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January b, 2006 MERIDIAN CITY COUNCIL MEETING • FP 05-075 January 10, 2006 APPLICANT JLJ Enterprises, Inc. ITEM NO. 10 REQUEST Final Plat approval of lmulti-family residential building lot consisting of ten 4-plexes and 6 commercial office building lots on 5.4 acres in R-15 and L-O zones for Westborough Square Subdivision - b015 Norfh Jericho Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Commends NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. ~ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C January 10, 2006 IN THE MATTER OF THE APPLICATION OF JLJ ENTERPRISES, INC. FOR FINAL PLAT APPROVAL OF 1 MULTI- FAMILY RESIDENTIAL BUILDING LOT CONSISTING OF TEN 4- PLEXES AND 6 COMMERCIAL OFFICE BUILDING LOTS ON 5.4 ACRES IN R-15 AND L-O ZONES LOCATED AT 6015 NORTH JERICIIO ROAD IN A PARCEL OF LAND BEING ALL OF LOT 6, BLOCK 1, WESTBOROUGH SUBDIVISION LOCATED IN THE NE 1/ OF NE 1/ OF T. 4N., R. lE., SECTION 30 CASE NO. FP-OS-075 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 10, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 10, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WESTBOROUGH SQUARE SUBDIVISION / (FP-OS-075) Page 1 of 4 ~ ~ 1. The Final Plat of "PLAT SHOWING WESTBOROUGH SQUARE SUBDIVISION IN A PARCEL OF LAND BEING ALL OF LOT 6, BLOCK 1, WESTBOROUGH SUBDIVISION LOCATED INTHE NE % OF NE % OF T. 4N., R. 1 E., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/14/2005, SHEET 1 OF 3 , W&H PACIFIC", JLJ ENTERPRISES, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 10, 2006, listing 17 SITE SPECIFIC REQUIltEMENTS/FINAL PLAT and 14 GENERAL REQUIlZEMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their January 10, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; any existing septic systems on this property must be properly abandoned; and it is suggested ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WESTBOROUGH SQUARE SUBDIVISION / (FP-OS-075) Page 2 of 4 • that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGI3T TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WESTBOROUGH SQUARE SUBDIVISION / (FP-OS-075) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ day of ~n~Q, , 2006. By: e```,,,~-~oua~o,cdl;y e eerd ~ ,~ ~ ®~o®~~~ ~" ~~i ity of Meridian Attest: ®~~ ~- ~ ~° o ~ ~ William G. Berg, Jr., City erk ~ ~~ Copy served upon Applicant, the Planning a[~o'~~~, '~~ep\ent, Public Works Department, and City Attorney. B Dated: ~ ~ ~ '®lp ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WESTBOROUGH SQUARE SUBDIVISION / (FP-OS-075) Page 4 of 4 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~ ENTS STAFF R EPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: January 10, 2006 Transmittal Date: January 6, 2006 Mayor & City Council s ,~ ,:~, _ ~ ~ ~ ~ ~`d ~t .~8~ Sonya Wafters, Assistant City Planner `~Jf'// Michael Cole, Development Services Coordinator ~ C- Westborough Square Subdivision Request for Final Plat Approval of Westborough Square Subdivision Consisting of 1Multi-family Residential Building Lot and 6 Commercial Office Lots on 5.4 Acres in an R-15 and L-O Zone by JLJ Enterprises (File# FP-OS-075) submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, JLJ Enterprises, Inc., has applied for final plat approval of lmulti-family residential building lot and 6 commercial office building lots on 5.4 acres in the R-15 and L-O zones. The residential lot will consist of 10 four-plexes containing a total of 40 residential units. Westborough Square Subdivision is a re-subdivision of Lot 6, Block 1 of Westborough Subdivision which is located in a portion of the NE % of the NE % of section 30, Township 4 North, Range 1 East, Boise Meridian. The site is located on the south east corner of Chinden Boulevard and Jericho Road, approximately % mile west of N. Locust Grove Road. A conditional use permit for a planned development was approved for this subdivision that allowed for a reduction to the required standards for street frontage to be reduced to zero feet and multiple principle detached buildings to be constructed on a single lot. Amenities provided with this subdivision are as follows: a plaza with benches, planters, tables, and trees with a more direct walkway from the plaza to the multi-family portion of the development and a tot lot to be located within the multi-family portion of the development. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Westborough Square Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved development agreement (Inst. No. 105152707), preliminary plat (PP-OS-020), and conditional use permit (CUP-OS-027) for this development. 2. All subdivisions in the City of Meridian require each lot be provided with pressurized irrigation. The construction plans submitted concurrently with this plat do not show any pressurized irrigation plans. If the system is to be privately owned and maintained plans and specifications will be reviewed by the Public Works department as part of the construction plan review. A draft copy of the Operations and Maintenance manual shall be submitted prior to plan approval. If the Exhibit "A" FP-OS-075 Westborough Square Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT system is to be owned and maintained by an irrigation district then evidence of a license agreement or letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision where permanent fencing is not proposed. 5. The applicant is proposing sanitary sewer service to this site via mains that flow to alift-station in Arcadia Subdivision. Prior to certificates of occupancy the applicant shall be responsible for any upgrades to the lift-station or the pressure line leaving the lift-station that may be required. This condition may be waived by the City Engineer at his discretion or if gravity means becomes available through Saguaro Canyon which would de-activate the lift-station. 6. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 7. Water service to this site is being proposed via an extension of water mains located Jericho road. Prior to certificates of occupancy an additional water connection through the school or through Saguaro Canyon shall be required. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 8. Provide a 20' easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Graphically depict these easements on the plat and reference the instrument number in a plat note. Prior to signature of the final plat by the City Engineer, provide a cross parking/cross access agreement for all of the new lots within the subdivision to use the drive aisles and parking areas (including sidewalks). Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CC&Rs. 10. There must be a minimum 20-foot separation between seepage beds and building foundations per Department of Environmental Quality's standard specifications. 11. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Westborough Square Owner's Association. 12. Include instrument number of warranty deed referenced on the face of the plat. Also, remove "(Waiting on Jewett)" from this note. 13. All required landscape buffer easements shall be depicted and labeled on the face of the plat. Exhibit "A" FP-OS-075 Westborough Square Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPAR~ ENTS STAFF REPORT 14. The landscape plan, prepared by The Land Group and dated 10/25/05, shall be revised as follows: a. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. The plan shall be revised to reflect the requirements stated in UDC 11-3B-10. b. Relocate the trees shown along Jericho Road south of the driveway that are within the right-of--way. A 10-foot wide landscape buffer is required on the east side of the sidewalk and trees shall be located within this buffer, outside of the right-of--way. Subfnit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 15. Revise or add the following note(s) on the face of the plat dated 11/14/05, prepared by W&H Pacific, prior to signature on the final plat by the City Engineer: (4.) "....and with conditional use permit No. 9g-A4~ OS-027." (8.) Staff recommends but does not require removing that portion from this note that dedicates a 5-foot public utilities, drainage and irrigation easement along interior lot lines. (*.) Add note prohibiting vehicular access to this site from Chinden Boulevard. 16. Complete the Certificate of Owners and accompanying acknowledgement. 17. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Exhibit "A" FP-OS-075 Westborough Square Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Westborough Square Subdivision with the above stated comments and conditions. Exhibit "A" FP-OS-075 Westborough Square Subdivision FP.doc PAGE 4 • • January 6, 2006 MERIDIAN CITY COUNCIL MEETING January 10, 2006 FP 05-077 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 11 REQUEST Final Pla# approval of 27 residential building lots and 4 other lots on 7.89 acres in a R$ zone for Caymus Cove Subdivision -south of West McMillan Road and east of North Ten Mite Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Commerrh CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: See attached Comments IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERH)IAN CITY COUNCIL C/C January 10, 2006 IN THE MATTER OF THE APPLICATION OF LANDMARK ENGINEERING AND PLANNING, INC. FOR FINAL PLAT APPROVAL OF 27 RESIDENTIAL BUILDING LOTS AND 4 OTHER LOTS ON 7.89 ACRES IN AN R-8 ZONE LOCATED SOUTH OF WEST MCMILLAN AND EAST OF NORTH TEN MILE IN A PORTION OF THE NE 1/a OF THE NW 1/a OF T. 4N., R. 1W., SECTION 35 CASE NO. FP-OS-077 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on January 10, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 10, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CAYMUS COVE SUBDIVISION LOCATED IN A PORTION OF THE NE'/ OF THE NW % OF T. 4N., R. 1W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAYMUS COVE SUBDIVISION / (FP-OS-077) Page 1 of 5 • HANDWRITTEN DATE: 11/23/05, SHEET 1 OF 3, LANDMARK ENGINEERING & PLANNING, INC.", JEMS Wl, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Deparhnent, dated: Hearing Date: January 10, 2006, listing 19 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Landmark Engineering & Planning, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from the Meridian City Fire Department, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Settlers' Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "D" and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their January 10, 2006 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their January 10, 2006 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 8, such that it now read as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAI'1VIUS COVE SUBDIVISION / (FP-OS-077) Page 2 of 5