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HomeMy WebLinkAbout2000 06-06 PreMeridian City Pre-Council Meeting June 6, 2000 The special Pre-Council meeting of the Meridian City Council was called to order at 6:40 p.m. on Tuesday, June 6, 2000, by Mayor Robert D. Corrie. Members present: Robert Corrie, Keith Bird, Ron Anderson, Cherie McCandless, Tammy deWeerd. Others present: Shari Stiles, Bill Nichols, Bill Gordon, Gary Smith, Tom Kuntz, Ken Bowers, Will Berg Corrie: I’ll open the Meridian City Pre-Council meeting at 6:40 p.m. on June 6, 2000. Council, questions, what do you want to do on the Pre-Council? Bird: Mr. Mayor, we do have one agenda item to add. Item P, approve bills. That’s on the Consent Agenda. Back at 24, the first thing on Item 24 would be the water, sewer and trash delinquency, and then we move down to 25 for the Mayor, City Engineer and Planner if that meets with your approval. Corrie: P is the approve bills? Bird: Yes, and that’s in the Consent Agenda. Then 24 would be the water, sewer and trash delinquency. Then we’ll move the Department Reports to No. 25 if that meets with everybody’s approval. Item G. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Item H. Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Item I. Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-O and R-15 zones– northeast corner of Pine Avenue and Ten Mile Road: Anderson: Mr. Mayor, I have a question of our legal counsel on the Findings of Facts for the Valeri Heights Subdivision. What, with all our options with this thing, I have had a conversation with the developer today, and I guess they’re having a meeting with the homeowners in the area this week on Wednesday night, and they’ve addressed some of the issues on the public testimony that we had. I guess what are our options with this? Does it have to be acted on tonight? Could it be tabled for two weeks to find out what the outcome is of the meeting with the homeowners? Nichols: Councilman Anderson, Mayor, members of the Council, if you want to table this item to the 20th pending receipt of additional information, then on the 20th you’d also have to then schedule it for another public hearing to receive that additional information. You’d also have to – one of the Council members voted with the majority would have to move to reconsider their vote, reconsider that decision. Then that motion to reconsider would have to be moved by majority of the Council. So it would have to be a motion to reconsider and motion to re-open the public hearing for the receipt of additional information, rescheduling a public hearing to receive that additional information and then proceeding. Anderson: And then if we don’t do that, then it just gets – we accept the Findings and then it goes back to the normal process with any changes that they may come up with; they resubmit that to P & Z? Nichols: They would have to reapply. In other words, if you were to accept these Findings based upon the motion that was approved at the last meeting, then that project that was presented to you would be denied. If they wanted to come back with something different, they’d have to go through the whole process again. Anderson: Okay, thank you. Corrie: Anything else that Council has questions on? Bird: Mr. Mayor, has the staff got any of these Findings? Have they got any questions or details that we should know? Item 15. Public Hearing: AZ 00-008 Request for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County zone) to C-G, C-N, R-15 and R-8, for proposed Teare Terrace by Zambezi Group – SE ¼, SW ¼, Section 6, T3N, R1E: Item 16. Public Hearing: PP 00-008 Request for preliminary plat approval of 24.89 acres with 5 lots in R-8, 1 lot in R-15 and 7 lots in C-G zones for proposed Teare Terrace by Zambezi Group – SE ¼, SW ¼, Section 6, T3N, R1E: deWeerd: Mr. Mayor, on Item 15 and 16, is that withdrawn on Teare Terrace Subdivision? Stiles: I received a letter from the applicant, not the applicant, but the owner’s attorney asking for it to be withdrawn, that they’ve withdrawn their consent. But the applicant has not withdrawn, so I imagine we still have to go through with the public hearing and have the Finding that notarized consent was withdrawn. I don’t know what else to do with that one. We did have the notarized consent. It was submitted with the application, but since the process has started, the applicant’s attorney wrote us that letter asking for it to be withdrawn. Nichols: Mr. Mayor, members of the Council, if this annexation request is for more than five acres, then you can annex it without the owner’s consent. So this withdrawal of consent effectively removes one of the lynchpins that have to be in place so – I don’t know that there’s any reason to go forward with a public hearing given this letter. Stiles: We had asked for the applicant to withdraw the application or figure out with the owner what was going on. I don’t know if the terms of the agreement for purchase of the property went through or what, but the applicant hasn’t called back or sent anything in to the City that I know of. Nichols: Mr. Mayor, members of the Council, it might be the safest play to just leave it on the agenda, and if the applicant doesn’t show up, this letter is entered into the record and close the hearing and deny the application based upon the withdrawal of the consent. Bird: Sounds good. Item 22. CUP 00-013 Request for Conditional Use Permit for Eagle Partner, LLC for proposed modifications to include an additional pole sign for Chevron / McDonalds in a C-G zone - 603 South Eagle Road: deWeerd: Mr. Mayor, also Item 22 is to be tabled to July 5th as I understand it. Bird: Yes, that’s what the letter says. (Inaudible discussion amongst Council members) Item D. Tabled May 16, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig – east of St. Luke’s between Franklin Road and Interstate 84: Item E. Tabled from May 16, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision – 326 single-family lots on 150.79 acres by Bear Creek, LLC – east of Stoddard Road and south of Overland: deWeerd: One more question for Mr. Clerk. Do we have the Development Agreements for Touchmark and Bear Creek? Have they been signed yet? Berg: Mr. Mayor, members of the Council, no I have not received signed Development Agreements. In fact, discussion with the representative for Bear Creek said to me today that they need to get some changes on the owner signature. So I assume that as soon as that gets taken care of, that will be on the next Council agenda, but until then, I don’t have signed documents. deWeerd: Touchmark and Bear Creek. Bird: So we need to pull them off of the Consent since we don’t have a Development Agreement. Berg: Or table them, yes. Item G. Findings of Fact and Conclusions of Law: AZ 00-006 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for annexation and zoning of 12.73 acres from R-T to L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Item H. Findings of Fact and Conclusions of Law: PP 00-005 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Preliminary Plat for 12.73 acres with 10 building lots and 2 other lots on 12.73 acres in proposed L-O and R-15 zones - northeast corner of Pine Avenue and Ten Mile Road: Item I. Findings of Fact and Conclusions of Law: CUP 00-014 Request by Vicki Welker / Gold River Companies, Inc. for proposed Valeri Heights Subdivision for Conditional Use Permit for a 128-unit apartment complex, townhouses and office on 12.73 acres in proposed L-O and R-15 zones– northeast corner of Pine Avenue and Ten Mile Road: deWeerd: Table D and E, then, to June 20th. So, Councilman Anderson, what are you suggesting on G, H and I, if anything? Anderson: I’m not really sure where I want to go with that. I’d like to allow them to have this meeting with the homeowners and see if they can address some of the concerns that they’ve got that were brought up at the last meeting. deWeerd: So would you recommend tabling that? Anderson: We would need to hold those. Table them. Bird: We can table them until June 20th on those if that is what you want to do. Anderson: But then we’d have to re-open the public hearing on the 20th, right? Bird: That is if you – Corrie: You couldn’t open it. You’ve got to post it first. Nichols: Councilman Anderson, Mayor, members of the Council, the 20th would be too soon to have another public hearing because of the publication of notice requirements, but it sounds to me that what the Council is asking for is to find out if there’s some resolution of the neighborhood issues, and if the answer is that they think they have the neighborhood issues resolved, then at the 20th you can re-open this matter and schedule it for a date certain to get the details of that neighborhood workout. If, on the other hand, the word comes that they didn’t get those things worked out, then you deal with these findings as they were presented. That’s the way I see it going so rather than tabling it to July 5th and then reschedule a hearing for that date and so forth, maybe there’s nothing to come. Maybe there’s no resolution. Anderson: But if you get a new public hearing at that point and find out there was a resolution, then you’d have to prepare new Findings if there was anything new. Nichols: Right. We’d have to do new – there would be a new motion and a new set of Findings to take in the additional information. (inaudible discussion amongst Council members) Bird: Do you want to pull those? Anderson: I’d like to pull G, H and I until the 20th. Item O. Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement (Addendum C): deWeerd: Mr. Mayor, City Councilman Anderson, do you or Chief Bower have any comment on Item O? Anderson: I’ll let Kenny speak to any changes to that. It’s really just some cleanup work on some additional things that have been purchased in previous years’ budgets, and we just wanted to make that part of the record and part of the Joint Powers Agreement. Those additional purchases and cleanup of who owns what would be in that contract. Corrie: Okay, is there anything else? Item 20. CUP 00-022 Request for a Conditional Use Permit for Generations Park Plaza I by Cole Associates Architects for the revitalization of an existing building to house a restaurant and offices in an OT zone: Item 21. CUP 00-023 Request for Conditional Use Permit for Generations Park Plaza II by Cole Associates Architects for the demolition of an existing auto garage structure and construction of a new two-story retail / office building in an OT zone – East 1st and East Pine Avenue: Kuntz: Mayor, there should be a memo in each Council members’ packet to Gary Benoit. It would pertain to possibly Items 20 and 21 on the agenda for tonight. deWeerd: Is that the one titled Generations Plaza? Kuntz: There’s actually two in there. One is in regards to the historical panels. Bird: And the other one is – Kuntz: The other one is to Gary Benoit and (inaudible) Bird: That’s it, Tom. We’ve got it. Corrie: You just wanted them to be sure that they looked at it for later or what? Bird: What item was that referring to, Tom? deWeerd: 20 and 21. Corrie: You just wanted them to take note that they got it? Is that what you’re asking? Just take a look at it? Nothing to do with the (inaudible)? Kuntz: Yes, I just wanted you to be aware of that when Items 20 and 21 come up. Thank you, Mayor. Bird: Mr. Mayor. Tom, anything on the Sunnybrook Farm property and Chateau that we need to know? Kuntz: No, I think it’s real straight-forward. It’s a matter of formally accepting the property, the deeding the property and then formally naming it Chateau Park. Bird: Okay, thank you. B. City Engineer – Gary Smith: 1. WWTP – Digester/Clarifier Project, Change Order No. 3: Corrie: Do you want to hear Gary on the Wastewater Treatment Plant digester / clarifier project? Gary. Smith: Mr. Mayor, Council members, that’s a Change Order request for some granular backfill material, import material that was used to replace material that was excessively moist and was not suitable for support of the building. So that’s the reason for that Change Order. C. City Planner – Shari Stiles: 1. Discussion of Star Impact Area: Corrie: Shari, do you want to share the discussion of the Star Impact Area right now? Stiles: Mr. Mayor and Council, I didn’t get a copy of their entire application. This is what they want us to comment on. Did you all get a copy of this map in your packets? It’s a little hard to read, but they do have their primary area that they’re requesting, and their secondary area would be similar to what we have a referral area. You’ll note that they’re going south of Chinden for half a mile up to McDermott and going to Chinden up to Ten Mile. What the County Commissioners have asked for the Council to comment on asking for any input at all that you have so that they can use it in their negotiations with this group that they have. Corrie: Shari, I had a meeting with Mayor O’Connor in reference to that, and I told her that we will probably not be very inclined to go with their area of impact south of the 20-26 or Chinden Boulevard. She agreed to that. She said that Council would agree to that as well. So I would just reiterate I think with the Council if they think the same way. I’m supposed to write a letter to the Ada County Commissioners for her in reference to the area of impact. I personally don’t have any objections to the area of impact – you don’t all have this sheet, do you? Bird: We’ve got a small – Corrie: Just south of Beacon Light and north of Joplin Road and it goes out here to Highway 16 just a little ways. This is pretty much the one that the judges that’s looking at that said they might let them have the area of impact. The Commissioners are looking at this right here. As far as going south – well, that’s the secondary area. They wanted to have this the primary area (inaudible) The Ada County Commissioners said we could have this little here. So I need to just make it pretty plain in my letter that if the Council agrees that not to go south of Chinden as far as we’re concerned. That’s the one that I’m concerned. She wants to do north or they want to do east, that’s Eagle. See, they have the river here, and everything else is pretty hard to sewer. (inaudible) highway. I will certainly make that known in the letter. She suggested that letter to me to write to the County Commissioners. If any of you would like to see it, I rejected that letter, too. No sense in making everybody mad at Meridian. Okay, any other comments? Anderson: Mr. Mayor, I would agree. I wouldn’t want to see them extend their impact area south of Chinden. I would also think the one-mile section on Ten Mile just north of Chinden in the secondary area may at some point become a point of contention. I’m not sure if we want to endorse that one at this point because I think we would probably be able to sewer and accommodate that area way before they could. People could be coming to us asking us for annexation in that particular area. deWeerd: That’s in your Fire District, too, is it not? Anderson: It is. We’ll have a station on Ten Mile, we can get there pretty quickly. Bird: That square-mile area is our Rural Fire District, isn’t it? Anderson: Yes, to the south channel of the Boise River. Bird: Okay. deWeerd: To Black Cat? Anderson: Goes past Black Cat and out to – is it McDermott we go? Corrie: Okay. I’ll make that notation and get that letter out. Anything else, Shari? Anything else on that one? Stiles: Mayor, did you want me to draft that or are you going to do that? Corrie: If you want to draft it, let’s get together tomorrow morning. We need to send it. Chief, do you have anything? Police Chief – Bill Gordon: NNO Parade: Gordon: Mayor, Council, there’s an organization, a national organization of crime prevention and safety awareness that is being sponsored in the Treasure Valley area. A Meridian resident, Linda deHaro has taken it upon herself to put this together, and it’s called National Night Out. What it amounts to is block parties which are safety awareness / crime prevention. Includes ambulance, fire, police. The Neighborhood Watch Program is involved in this, and they have block parties. Meridian is scheduled for three block parties on July 29th. Boise and Nampa and Caldwell and Canyon County are also involved in this. At the conclusion of the block parties, they’re all going to get together and send over their cars or police cars or fire engines for a final grand finale in Meridian which is a parade from Rite Aid to Storey Park. Storey Park is where the booths will be set up for safety awareness. We run into kind of a catch in that. The insurance company, ICRMP, says that this is an independent function and not a City-sponsored event. I guess what I would ask the City of Meridian or the Council is to declare this a City event and allow me to take care of the insurance for the parade on a rider basis rather than an individual insurance policy. An individual policy is $800 to $1000. This group does not have that much money in their coffers. They don’t pay dues to anybody. They gather donations. The food that we’re going to barbecue, the Police Department is, and I promise to get instructions from Councilman Anderson on cooking hamburgers, but those will be sold and that money will be rolled over into the City as revenue and rolled over until next year to help pay for the cost of next year’s budget. We’ve got Police Department, Fire Department, Mothers Against Drunk Drivers, Crime Prevention, Crime Stoppers, Meridian Lock and Key, Police Bike Safety Patrol, State Farm Insurance paid, ADT Alarm, Citizens on Patrol and our Explorer group are already going to be involved in this function. It’s almost solely a Meridian function, the parade is. Next year I would guess that it will move to either Boise or Nampa or in Canyon County somewhere. This year we’ve been chosen for the parade by this group which is just a local group of citizens. I would ask that the Council allow me to call this a City-sponsored event and put it on. deWeerd: Well, it sounds like it is. Gordon: Well, ICRMP says we need to designate if it is or it isn’t. If it isn’t a City-sponsored event, then they’re going to have to get their own insurance policy. If it is, then they can go on a rider on our insurance. Bird: Sure we can do that on the regular agenda. We can get that approved on the regular agenda. Gordon: That’s all I had, Mayor. Bird: What time are you gong to do this, Chief? Gordon: It starts at 6:00 in the morning. KQFC radio will be broadcasting from Storey Park. 10:00 the parade starts, and when I say parade, it’s not going to be like the Dairy Days. It’s not going to be that long. It’s going to be some police cars, some DARE cars, some fire trucks. We’re going to drive down East 1st to Storey Park. Noon will be the barbecue. The Mayor will read a proclamation on crime prevention. The barbecue starts immediately, and it should be over by 2:00. Bird: It’s on the 29th, a Saturday. I was just wondering if it was in the evening or if we were going to compete against some other parking problems. Gordon: No, sir. July 29th. Corrie: Anything else? deWeerd: Mr. Mayor, we need to do the public hearing on the Designation 2020 Plan of COMPASS. We have an upcoming open house for our Comprehensive Plan on the 22nd. Perhaps we could display the 2020 plan at that same open house and have public hearing in July on it. Would that be appropriate? The open house for the Comprehensive Plan is the 22nd of June. It goes from 2:00 to 7:00 at the office and convention center where Planning and Zoning is. It’s just a drop-in thing. They’ll present the different components of the Comp Plan and have, Shari, we’ll have copies available for people to review. July 5th. Bird: That’s for the 2020? deWeerd: Yes. Corrie: Okay. You’ll notice that, Mr. Berg? Okay. Thank you. Anything else? Bird: Mr. Mayor, I move that we close the pre-Council meeting and come back at 7:30. Anderson: Second. Corrie: Motion made and seconded to close the pre-Council hearing and come back at 7:30 for the regular agenda. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK