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HomeMy WebLinkAbout1998 08-18MERIDIAN CITY COUNCIL MEETING AUGUST 18. 1998 The regular meeting of the Meridian City Council was called to order at 7:40 p.m. on August 18, 1998 by Mayor Robert D. Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Bob Corrie, Will Berg, John Prior, Bill Gordon, Shari Stiles, Gary Smith, Malcolm MacCoy, Kenny Bowers. Corrie: The first item is a consent agenda. Council has had the consent agenda in front of them. Bentley: Mr. Mayor, I move we approve the consent agenda. Bird: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we approve the consent agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 1: TABLED JULY 21, 1998: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES OF EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: Corrie: Council, I believe that we have a special request on this if I'm not mistaken. This was to defer the consideration of Eagle Partners annexation and zoning until special counsel has an opportunity to review the proposed Findings of Fact and Conclusions of Law and would like to have this delay until September 1, 1998. Bentley: Mr. Mayor, I would move that we table the Findings of Fact and Conclusions of Law until counsel has had a chance to review on September 1, 1998. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table item number one until September 1 ,1998 meeting. Any further discussion? Bentley: Mr. Mayor, I need to make a correction. That's on the annexation and zoning. Corrie: On item number 1? Anderson: Second. Meridian City Council August 18, 1998 Page 2 Corrie: Motion to include table on item number one on the Eagle Partnership. Any further discussion? Rountree: Mr. Mayor, just a clarification of special counsel. Those folks that we have retained? Okay. Corrie: Any further discussion? All those in favor of the motion as stated say aye. MOTION CARRIED: All ayes. ITEM NO. 2: TABLED AUGUST 4,1998: ACTION ON VISION STATEMENT BY ARDEN DAVIS AND LORI JONES: Corrie: Council, discussion? Mr. Davis and Mrs. Jones. Bentley: Mr. Mayor, I'd just like to thank both of them and all the people involved and the work they are doing on this. I think it will be a help to us, so thank you. Davis: You're welcome. Rountree: Mr. Mayor, just a point of clarification on the request. Were you asking the city to adopt the vision statement, approve the vision statement as a vision statement that's reflective if the city comprehensive plan and authorize you to go forth and continue to do good. Davis: Yes. Rountree: All of the above. Davis: On the information that we provided at the previous meeting the vision statement was in the first paragraph and the last paragraph asked for the adoption and support by the city council to carry out that vision statement and set whatever committees ad hoc committees might be necessary to help fulfill that vision. Jones: Mayor Corrie, I'd like to clarify to the council that they are ad hoc focus groups that do serve a function of driving some information from residential representatives, business and from city representatives that would also find in their time schedules to attend so it's an ad hoc focus group that we would be forming to carry on the visioning process. Rountree: I'll give this a go. Mr. Mayor, I move that City Council adopts the vision statement as presented as a reflection of and in consistency with the policies in the Meridian City Council August 18, 1998 Page 3 comprehensive plan and that we support the proceeding with ad hoc task force groups in carrying out the mission of the Chamber Committee. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the motion that was presented. It's a way of getting out of having to repeat what he said again. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 3: ORDINANCE #797 — SHERBROOKE VILLAGE SUBDIVISION ANNEXATION AND ZONING. Corrie: Council has the ordinance in front of them at this time. Is there anyone from the audience who would like to have Ordinance #797 on Sherbrooke Subdivision Annexation and Zoning Ordinance read in its entirety? Council? Rountree: Mr. Mayor, I move that we approve Ordinance #797 and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Do you wish to do that with suspension of rules Mr. Rountree or do you want it read in its entirety three times? Rountree: I would do that with suspension of rules. Bird: I agree with a second. Corrie: Motion is made to adopt Ordinance #797 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 4: ORDINANCE #798 — KANTI PATEL ANNEXATION AND ZONING. Corrie: Is there anyone from the audience who would like to have Ordinance #798 in relation to this annexation and zoning of 1.66 acres to C -G read in its entirety? Hearing none, council? Meridian City Council August 18, 1998 Page 4 Bentley: Mr. Mayor, I move we adopt Ordinance #798 with suspension of rules and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to adopt Ordinance #798 with suspension of rules. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 5: ORDINANCE #799 — REPEALING CHERRY LANE LOCAL IMPROVEMENT DISTRICT. Corrie: Is there anyone from the audience who would like to have Ordinance #799 read in it entirety? Council, what's your pleasure? Bird: Mr. Mayor I move that the City Council passes Ordinance #799 Repealing Ordinance 753 LID 97-1 Cherry Lane with suspension of rules and the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bird and second by Mr. Rountree to adopt Ordinance #799 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 6: ORDINANCE #800 — CITY OF MERIDIAN / IDAHO POWER FRANCHISE. Corrie: Now, Mr. Attorney, I need some legal help here. This one is going to require a reading, one reading, and then two other times to read it out by title only. Should we do the reading tonight of this one? Prior: Mayor my preference is you do the one reading tonight and then excuse me. My preference is you do the one reading tonight and then the partials after that on separate dates. Corrie: All right. Meridian City Council August 18, 1998 Page 5 (Inaudible) Bentley: Mr. Mayor, I move the city attorney read it. Bird: Second that. Prior: Do I get a vote in this? Corrie: All right the City Clerk tells me that we can read it by title only one time tonight and then we can have a special meeting to read it in full. Prior: If that's your preference. I would prefer that one reading be done of the complete document. Corrie: So how would the council like to do that? Do you want to set a special meeting to read the whole thing in its entirety? Bentley: I would prefer we do it now we're here. Corrie: Mr. Rountree? Rountree: Well if we are going to read it this evening, we might want to defer it later on the agenda and get through the things that folks are here to listen to. I mean that would be preference if we are going to stay here tonight to do this. Anderson: I guess I would like the short version tonight. Rountree: You've got four different opinions. Corrie: Two short and a delayed. Okay, how fast are you reading John? Are you a pretty good reader? Prior: I'll give you the quick version whenever you are ready. Corrie: We've got a few minutes here. I think we can go ahead and read it and get the first reading out of the way and then we can pretty well — Prior: So my understanding you want the whole thing. Corrie: Let me ask you this. This is not usually done in the City Council, but would the audience like us to go ahead with the things that's on the audience agenda here tonight and then come back and read it later if you'd like to sit here and listen to it? Would you like — okay I'll tell you what let's do fellows. Why don't we hold this item number 6 until Meridian City Council August 18, 1998 Page 6 the end of the meeting, and then if somebody wants to stay and listen to it they can. They we'll go ahead. Rountree: For the record nobody in the audience indicated that they wish it to be read in total and that being on the record, that being the case Mr. Mayor I would move that we defer the reading of the Ordinance identified in item number 6 to item 18 on the agenda. Anderson: Second. Corrie: Motion made and second that we defer item number six to item number 18 at the end of the meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 7: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3 STORY MOTEL BY KANTI PATEL. Corrie: At this time I will ask for the applicant or his representative to speak first. ROCKY TOWLE 2210 BROADWAY BOISE WAS SWORN BY THE CITY ATTORNEY. Towle: We'd like to have the previous testimony for the conditional use be incorporated and if you have any questions, I'd be glad to answer them. Corrie: Council do you have any questions of the representative of the applicant? Rountree: I have a question for Gary. Have your site specific questions been addressed at this point? Smith: Mr. Mayor and Councilmen, Councilman Rountree, let me do a quick check in my file so I can answer that. Mr. Mayor and Council members, Councilman Rountree we didn't have a specific request for them to address our comments and reply. I guess our request would be that if this project is approved that it be approved with inclusion of the staff comments as submitted. Rountree: Okay. Smith: And again I would point out that I think items 2, 3, and 4 that deal with water service to this project are of most importance. Bentley: Mr. Mayor I have a question I wanted to ask Shari. Shari have you gone over the parking and making sure it's adequate? Meridian City Council August 18, 1998 Page 7 Stiles: Mr. Mayor and Council, Councilman Bentley, the parking shown they show 68 spaces. They have 66 rooms. The parking requirements would be 1 for each room plus one for each employee. The 68 spaces would mean that they would only have 2 two employees on the site at any time. I thought it was a little on the parking. I don't think that's been addressed. Also the screened trash enclosure has not been shown and that may displace one of the parking areas. Another thing that I would specifically included in this conditional use permit is to make sure the signage is reviewed and approved by City Council or Planning and Zoning Commission as part of the application and that we not end up with another Jackson's. I don't believe they have any details of any signage yet, but that was something I specifically asked for. Corrie: I believe Shari that's in F on page 15 on the signage that you were talking about. Bentley: I have a question for Gary. Is the sewer capacity okay to handle this? Smith: I believe that that is not a problem on the sewer capacity, no sir. Bentley: Thank you. That's all I have. Corrie: Any further questions from Council? Towle: Any questions on the parking or the trash enclosure? The trash enclosure will be. The parking we've gone through to do a study saying that by the time 8:00 rolls around and the employees come in enough patrons have left so that we think that we have adequate parking the way it is, and the signage will be taken up individually as far as that goes. Thank you. Corrie: Since this is a continued public hearing, is there anyone else from the public who would like to issue testimony in this? Council, any further discussion? Okay hearing none, I will close the public hearing and council your choice here. Bentley: Mr. Mayor I would move that we adopt the Findings of Fact and Conclusions of Law as presented by the Planning and Zoning Commission and to incorporate the conditions and changes that were brought about by staff. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law that was presented by the Meridian Planning and Zoning Commission plus the additions of the staff comments. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. Meridian City Council August 18, 1998 Page 8 MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor the City Council of the City of Meridian hereby approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or other similar conditions as found justified and appropriate by the City Council, and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire codes, and parking requirements the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Anderson: Second. Corrie: Motion by Mr. Bentley second by Mr. Anderson of the decision recommendation that was read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 8: TABLED AUGUST 4,1998: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. — NORTH OF VICTORY AND'/4 MILE EAST OF LOCUST GROVE. Corrie: Is the representative from the Sherbrooke Village here tonight? Becky would you like to come forward and be asked questions? If not we will act on your request. Do you want to come up and just see if council has anything. Bowcutt: I thought the pubic hearing was closed on this. Corrie: It is. It's not a public hearing. We're just asking if there are any questions the council might have. Bowcutt: Any questions you may have, I can answer. Corrie: None? Okay, well, thank you Becky. Okay Council you have the preliminary plat before you. How do you wish to proceed? Rountree: Mr. Mayor, I move that we approve the preliminary plat for Sherbrooke Village Subdivision subject to staff comments. Bird: Second. Meridian City Council August 18, 1998 Page 9 Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the preliminary plat subject to staff reports. Yes, I'm thinking of two things here. All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 9: TABLED AUGUST 4,1998: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING O F121.897 ACRES FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH O F VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the amended Findings of Facts in front of you. Any questions? Rountree: I have none. Corrie: I will entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Prior: Mr. Mayor, if I may. I need to point out to the council that I did make one slight typo. It's on page 12. 1 made reference to Highlands Ranch and it needs to be make reference to the correct subdivision on this thing. Just by interlineation if we could make that change. That would be page 12 at the bottom. It was a long week. Rountree: Mr. Mayor I move the Meridian City Council hereby adopts and approves the Findings of Facts with the amendment on page 12 to reflect the Thousand Springs Subdivision. Bentley: Second. Corrie: Second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the correction of item A on page 12. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Meridian City Council August 18, 1998 Page 10 Rountree: Mr. Mayor, I move that the Meridian City Council hereby approves the annexation and zoning as stated in the conclusions for the property described in the application with conditions set forth in the Findings of Fact and Conclusions of Law and that the application be specifically required to meet all the ordinances of the City of Meridian and conditions of these Findings and Conclusions and that if the conditions are not met that the property be deannexed. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird on the motion of decision and recommendation. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Bentley: I would move we instruct the city attorney to prepare an annexation ordinance. y 001110-.• •.1 Corrie: Motion made by Mr. Bentley, second by Mr. Bird that we have the attorney draw up an annexation and zoning ordinance. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 10: FINDINGS OF FACT AND CONCLUSION OF LAW: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS — NORTH OF VICTORY AND WEST OF EAGLE ROAD. Corrie: Council you have the request in front of you. What is your pleasure? (Inaudible) Smith: Mr. Mayor, can I ask a question. When I was reading the Findings, it talks about the block length. There was a request also to not pipe the Ridenaugh. Was that to be included. Corrie: That should have been included. Is it included in here Gary? Prior: No. My understanding is that they weren't going to do that. Did I misunderstand, Becky? You weren't piping the Ridenbaugh were you? Meridian City Council August 18, 1998 Page 11 Bowcutt: (Inaudible) Prior: I misunderstood. Bentley: Yeah, so they had it included in this. Corrie: Thank you Mr. Bentley. We need to include that in the — yeah we have to have the annexation first anyway, so we can — Bentley: Both the same night. Corrie: Both the same night, yes, that's correct. And also you can the preliminary plat at the same time. Bentley: I would move on the variance to exceed the maximum block length and piping the Ridenbaugh Canal that we table this to September 1 St yR•"it• - . • •.1 Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 10 until the September 1St meeting. Is that correct? Bentley: That would allow the city attorney to get the piping issue included in this. Corrie: Any further discussion? All those in favor of the motion as stated say aye. MOTION CARRIED: All ayes. ITEM NO. 11: TABLED JULY 21, 1998: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD. Rountree: Mr. Mayor I would move that we keep this item on the table until September 1 St Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table item number 11 until September 1, 1998 meeting. Any further discussion? Bentley: I can't recall, have we ordered the ordinance on this? Meridian City Council August 18, 1998 Page 12 Corrie: Yes, we just did. That was up on nine. Any further discussion? No further discussion all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 12: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTORS YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING — LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION. Corrie: Is Mr. Hanson here tonight? Council this is a conditional use permit for a contractors yard which is being used for that right now. So discussion? Rountree: Did Mr. Hanson know that this was on the agenda this evening? Question for Shari, do you have any comments on this particular item? Is this consistent with the subdivision. Apparently it's an ongoing activity that they are request a conditional use for. Stiles: Mr. Hanson came in to submit the application was told that was required for a contractors yard in that area. He was also informed he was not to use the land at all for a contractors yard until it was approved by City Council. Approximately two days later it was filled with equipment. So I guess he doesn't feel any need to — he's applied for a conditional use permit. That's as far as he thinks he has to go I guess. Bentley: Mr. Mayor, what recourses do we have? Corrie: You can either approve it or disapprove it a conditional use permit. If it's disapproved he takes his equipment off of it. If you approve it, he can leave it on. Bentley: Well my point is he was told he couldn't even start with it until it was done. So my question is what legal authority do we have right now to act on what he's done? Corrie: I have Findings. You can either accept the conditional use permit or you can reject it. At this point you have the Findings of the Planning and Zoning Commission. So you can either adopt theirs, order new Findings, or reject the whole project. Correct Mr. Counselor? Prior: If I understand Councilman Bentley are you looking for other options as well? Bentley: Well I think it's time that the people start following the instructions and the laws and the ordinances. Prior: If it's your preference Councilman there's a couple of things I can do. I can immediately tomorrow look and see if there's any violation of Meridian municipal code Meridian City Council August 18, 1998 Page 13 and if there is and it calls for a criminal penalty, I can file criminal charges if that's your preference. If not then what I can do is seek an injunction against that gentleman preventing him from any further use of that property because he's in violation of Meridian ordinances. It's whatever your preference is. Rountree: The other option is as I see it is to go ahead and take action on the Findings, approve the Conditional Use Permit and hold him to those conditions and I suspect there may be some difficulty in doing that as well, but at least we've taken it through the process. I'm probably giving you a better avenue to do any corrective action with the conditional use permit. Prior: Are you asking for my preference? Rountree: No, that's my observation. I know what your preference is. Corrie: I don't know whether it's going to come back and get us again, but we'll see. It's Council's decision. Bentley: I'd like to hear the other two councilmen what their thoughts are on this. Anderson: I guess I would like to see us table it until he comes before us so that I can ask him whether he agrees to the conditions set forth in this. Bird: I feel that I kind of agree with Charlie that we go ahead and pass on these and make him live by the conditions. Rountree: I by no means object to the applicant come in and tell us whether these conditions are acceptable to him. Bird: That's right. Corrie: I'll entertain a motion to any affect you would like to do tonight. Anderson: Mr. Mayor I make a motion we table the conditional use permit for Donovan Hanson until such time as he comes before the Council so that we can ask him if he has any problem with the conditions set forth. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree that we table this until the applicant comes forth to City Council and answer questions of the Council on the approval of the Conditional Use Permit. Meridian City Council August 18, 1998 Page 14 Bentley: Discussion Mr. Mayor. I don't like to make it that open ended. If he isn't here tonight and we table this. He's already in operation. What to say which year he is going to show up here? I mean if you want to put a time certain on this table it and then take action on that time, say the next meeting and he doesn't show up by then and then we take some action on it. I'd be inclined to agree with that, but I don't want to give him an open end since he's already seen fit to start operations without it. Anderson: I think where it's not approved, he's out of compliance right now, so he can be contacted and told he's out of compliance and he needs to get that equipment out of there whether this is tabled or not. Is that correct? Corrie: That's correct. Any further discussion? Rountree: It probably would be cleaner if we had a date certain and instruct staff to let him know that he's to be here at that date. He can come before us and tell us why he's doing what he's doing and if the conditions are acceptable to him. Corrie: Mr. Bird do you have any comment? Bird: No. Anderson: I would amend my motion then to put a date of September 1 st for him to appear before the Council on this matter. Rountree: Second. Corrie: I have a second. Motion has been made to have it table to September the 1 st and him come in and talk to the Council on this and be notified as such. Further discussion? All in favor say aye. MOTION CARRIED: All ayes. Corrie: Shari, would you make sure he gets the word then? ITEM NO. 13: REQUEST FOR CONDITIONAL USE PERMIT FOR TABLES AND CHAIRS FOR OUTSIDE SEATING BY WILD WEST BAKERY — 611 E. 1ST STREET. Corrie: Council you have the Findings of Fact and Conclusions of Law in front of you. Rountree: Mr. Mayor, if there is no discussion I make a motion that we approve the Findings of Fact and Conclusions of Law as prepared for us by Planning and Zoning Commission. Meridian City Council August 18, 1998 Page 15 Bird: Second it. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law adopted and approved by the Planning and Zoning Commission. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: Recommendation? Rountree: Mr. Mayor, I move that the Meridian City Council approve the conditional use permit for the outside seating with the conditions set forth in the Findings of Fact and Conclusions of Law and that all the ordinances of the City of Meridian be met. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the recommendation as read. Any further discussion? Hearing none, all those in favor of the motion say aye, MOTION CARRIED: All ayes. (End of Tape) ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT BY BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE — LOTS 3, 4, 5 AND 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION. Corrie: Okay, I'll open the public hearing and invite you to start. BURTON ROBERTS 1523 N. MERIDIAN ROAD WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Roberts: I'm Burton Roberts representing Meridian Gospel Tabernacle for the request for conditional use permit to construct a church parking lot. Having received the Findings of Fact and Conclusions of Law, I need to first of all point out if you have those before you, there's a couple of areas that need clarification. On page 23, item 20, this is in regard to the Nampa Meridian Irrigation District's request for their application. I failed evidently to get the letter to the previous meetings. I have a letter from Nampa Meridian Irrigation District stating that after reviewing and site plan it appear there will be no impact on the Nampa Meridian Irrigation District. Therefore I feel no land use Meridian City Council August 18, 1998 Page 16 application is necessary nor any further review. So I don't know what that does to us in regard to that portion of the Findings of Fact and Conclusions of Law. Can that just be amended or we just ignore it? Corrie: No, we don't ignore it. We can delete it. We'll need the letter though that they sent you. Roberts: How many copies would you like? Corrie: One for the record. If you have extra copies, the council would probably like to see them too. Thank you. Roberts: Well I didn't give Mr. Berg one. Okay, the second point of clarification is found on page 32, item 7. Item 7 states all parking stalls are to be a minimum of 9 X 19 with 25 foot driveways per city ordinance. The next statement says the parking layout shown does not meet these requirements. That's the phrase that needs to stricken. That reference inadvertently got in there in reference to the first site plan that was presented. The second site plan is correct. I've talked with Shari Stiles about this and she said that she agrees with me that that's the way it is. That one sentence could be stricken; is that right Shari? Stiles: Yes. Roberts: And beyond that we have no problems with the Findings of Fact and Conclusions of Law and have intention with approval to meet all conditions that have been set forth. Corrie: Okay, thank you Mr. Roberts. Any questions from Council? Bird: I have none. Bentley: I have just one question. In the event that Meridian Road winds up five lanes, are you aware that that may have some impact on your property? Roberts: Yes. In talking with ACHD people about that, they were quick to point that out, and that's one of the reasons why they required only sidewalk and not curb, gutter and sidewalk, and so we will just be putting sidewalk there if approve which is easier to take care of than curb, gutter and sidewalk. Bentley: That's all I had. Thank you. Meridian City Council August 18, 1998 Page 17 Corrie: Any further questions? All right, thank you. Is there anyone else from the public that would like to issue testimony on this issue? Hearing none, council discussion? Rountree: Mr. Mayor I move that the Meridian City Council — Corrie: Then I will close the public hearing at this time. Okay. Rountree: Mr. Mayor I move the Meridian City Council approves the Findings of Fact and Conclusions of Law with the following amendments: Deleting item 20 on page 23 relating to the Nampa Meridian Irrigation District, deleting the second sentence in item 7 on page 32 relating to parking space size. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Findings of Fact and Conclusions of Law as adopted by the Planning and Zoning Commission with the additions of the deletions. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion on the decision. Rountree: Mr. Mayor, I move that the Meridian City Council approves the conditional use permit requested by the applicant for the property described in the application. The applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to accept the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF -PREMISE SIGN AT S. PROGRESS AVENUE / 1-84 BY R.T. NAHAS COMPANY — INTERSTATE 84 AND EAST 1ST STREET. Meridian City Council August 18, 1998 Page 18 Corrie: I will open the public hearing and invite Robert or your representative. JOHN MORTON 2880 W. FRANKLIN ROAD WAS SWORN BY THE CITY ATTORNEY. Morton: What we're proposing out there on Bob's property is to erect a sign — I guess there's probably a picture of it here somewhere. But to erect a sign that identifies Central Valley Corporate Park as a whole. There is an existing smaller sign out farther east from where this sign would be placed that would be removed but as we stated in our letter the reasons for the request on this sign are three fold. Number one to identify the Central Valley Corporate Park as a whole. Number two to identify some major tenants that are located in that park, and number three to consolidate the previously mentioned on to one sign as opposed to having more than one sign for these various tenants. Those tenants at this present time being Home Depot and Waremart. We have a couple smaller tenant panels placed on this sign. It's kind of a — Shari tells us that this sign falls under the category of a off -premise sign and the reason for that is that the sign actually sits on Central Valley Corporate Park land as a whole, but Home Depot has their own parcel. It's kind of like a shopping center situation where you might have one large sign and you have various tenants underneath that same sign. I'd sure entertain any questions if you had them. Anderson: If this is allowed then am I to understand that each tenant is not going to put a sign on their own piece of property? Morton: They would not put up a free standing sign. Anderson: But they may put sign up on the building. Morton: They may put up a wall sign that faces the you know the main entry road. Anderson: And they've agreed to that somewhere? Corrie: If you can see to get up here, Bob, you're all right. BOB NAHAS 8688 BROOKSIDE LANE BOISE WAS SWORN BY THE CITY ATTORNEY. Nahas: The question was concerning the signs on the buildings. Anderson: I guess my question is if this corporate sign for the entire park if that's allowed, I guess my question is are they going to forego putting up pole sign on their property and have they signed something to that extent? Meridian City Council August 18, 1998 Page 19 Nahas: I don't think they anticipate pole signs. They might want a monument sign at the entrances and the side of the building, but it's very important that they be seen from the freeway. Waremart is going to be very hidden and Home Depot is back in excess of 200 feet, and even a sign on the building you would not be able to see coming down the freeway so it's real important for them that they have that kind of exposure. Anderson: So this sign could be in addition to what they do on their own site. Nahas: Yes, they probably will want signs at their entrances and sign on the buildings. The nature of the beast. Anderson: Okay. Bentley: To your knowledge do they plan on coming before us or Planning and Zoning to have their sign reviewed before erecting them? Nahas: Is it necessary that they have a conditional use if it's within the ordinance, the size requirements of the ordinance? I don't think they would need to come — (Inaudible) Corrie: Any further questions? (Inaudible) Corrie: Thank you Bob. This is a public hearing. Is there anyone else who would like to enter testimony at this time? Is there any further discussion on the request for Council? If none I'll close the public hearing. Council discussion? Pleasure on the request? Bentley: I have no discussion. Corrie: I'll entertain a motion on the variance request. Rountree: Mr. Mayor I move that we have the city attorney prepare Findings of Fact and Conclusions of Law on the variance request for off -premise sign Progress and 1-84 and have those Findings prepared and ready for us at our September 1 st meeting and to indicate an acceptable decision. Bird: Second. Corrie: Motion made Mr. Rountree second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law for the variance for September 1 st, 1998 Meridian City Council August 18, 1998 Page 20 meeting. Any further discussion? Hearing none, all those in favor of the motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 16: FINAL PLAT FOR CROSSROADS NO. 7 BY J. RAMON AND MARILYN YORGASON — SOUTHEAST CORNER OF EAGLE AND FAIRVIEW. Corrie: I think we just got the general comments back. Council any questions of staff? Bentley: Question for staff. Shari have you reviewed their response? Stiles: Yes, I have. I would like — they took exception to one comment about the landscaping bonding for the landscaping. They said that they hadn't done that in the past. That's just normal for all of the subdivisions we have now before we sign off on the plat. They have had some problems out there with their existing landscaping. understand that was a pressurized irrigation problem, but I would like that comment to stand. Smith: Mr. Mayor and Councilmen, Councilman Bentley, the only comment that I had concerns item number 11, which is the coordination of the extension of the waterline in this phase of Crossroads that presently serves Westdale Park No. 2 to the east. That's the only service line to that subdivision and since there was a reconfiguration of the roadway in the area of that waterline that extends over to Westdale, there is a cross water fitting that will need to be removed and replaced and so that line will need to be shut down, and so it's going to require some pretty close coordination. The engineer has indicated that they will work with public works to put a plan together but I just wanted to be sure that they were aware and that Ramon was aware that is the only water feed to Westdale Subdivision and when it goes down for connection or reconfiguration, that subdivision will be out of water. The only other thing we could do is to connect between a fire hydrant on Westdale number 1 which is United Water system and pirate some water with their approval of course. But I guess that we could — there would probably need to be notification made by the developers contractor to the residents of Westdale so that they are aware of exactly what's happening, how long water was going to be down, etc. and I don't see that that would be a problem. We've done that before in subdivisions. Bentley: Who does the notification on that Gary? Is that us? Smith: No, sir that is up to the developer or his engineer or contractor. Corrie: Sir, I assume that this meets with your approval? Okay. Meridian City Council August 18, 1998 Page 21 Smith: Thank you. That's all I had. Rountree: I had a question for Shari, Mr. Mayor. What's the zoning to the east? Stiles: To the east? Rountree: It shows as unplatted. Stiles: It's probably R -T right now. Rountree: Okay. Stiles: It's where the sod farm is. And then there's Westdale, R-8. Bentley: I have no further questions. Corrie: Any other questions? Hearing none, I'll entertain a motion on the final plat. Yorgason: I have one question. A new condition that came up with this phase, the 7th phase had to do with the landscaping plan. All the previous phases we have not had a landscaping plan, was not a requirement. The landscaping is all in all the previous phases and about three fourths of the landscaping that will be going in this phase is already in. There's a small portion that's south of the new road that will go in, and we would like to not have to have a landscaping engineer ride that or architect. But do it in conformance with all of our other landscaping we've put in. We've put underground sprinkler systems and sod and trees and it will be a continuation of that same landscaping plan. We would like not to have to be saddled with a landscaping architect's rendering. We haven't done that on any of the others and we'd like to be able to have this last phase the same way. If that would be okay. Stiles: I just had a question. Ramon, is that just this piece right here that's not landscaped at this time? So this piece back here is all completed? Yorgason: It's all in. Stiles: Well Mr. Yorgason is pretty much a guy of his word. I would have no problem with that. Corrie: You can put it in your motion as part of it if you want. Yorgason: If we could have it as a motion that we would put our landscaping the same as the rest of the landscaping the same quality and standard. That's our plan and what we'll be doing. Meridian City Council August 18, 1998 Page 22 Corrie: Thank you. I' m ready for a motion if you would like to do it. Rountree: Mr. Mayor, I move that we approve the final for Crossroads No. 7 subject to staff conditions and indication that the landscape will meet the landscape design and standards as evidenced in the existing subdivisions. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird that we approve the final plat for Crossroad Subdivision No. 7 with the special additions of staff in the landscaping and met with the existing landscaping. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 17: DEPARTMENT REPORTS. Gordon: Mr. Mayor and Council, this agreement is one that we've entered into for the past nine years with the Meridian School District which provides now for police officers in the schools. The program is not an enforcement program as much as it is a public relations and educational program and it's probably one of the best programs that we have going at this present time. I would recommend that we enter this agreement for' 98-99 school year. I would stand for any questions from the council. Anderson: I have none. Bird: I have none. Corrie: Okay, I will entertain a motion for the SRO agreement. Bentley: Mr. Mayor, I move that the City of Meridian enter a SRO agreement with the Meridian School District No. 2, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the SRO agreement. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Gordon: Thank you gentlemen. Meridian City Council August 18, 1998 Page 23 Corrie: Thank you Chief. Now at this time we will go back to item number six, Ordinance #800 — City of Meridian / Idaho Power Franchise, and if the city attorney would be so kind as to give us the honor of his eloquent style of reading to do that. Is there any objections to the council wanting to take off to go to the bathroom you can. Rountree: Press on. Prior: Ordinance #800. ORDINANCE NUMBER 800 WAS READ IN IT ENTIRETY BY THE CITY ATTORNEY. Corrie: Okay Council if there's nothing else, I will entertain a motion to adjourn. Bird: So moved. Rountree: Second. Corrie: Motion made and second that we adjourn. All those in favor of the motion say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 9:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK