Loading...
HomeMy WebLinkAboutDiscussion MinutesCITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 21, 2003 at 6:00 p.m. City Council Chambers Roll-call Attendance: Tammy de Weerd _ Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Continued from January 14, 2003: Discussion /Decision on MOBS Billing Directive: Table until February 4, 2003 (5 minutes) 4. Discussion of Fire Department Plan Review and Inspection Fees: (10 minutes) Get response from other organizations 5. Discussion of Lee Centers Project (fka Powder River Subdivision): (25 minutes) Table until February 4, 2003 6. Discussion of Dust Abatement Ordinance: Get input from other (5 minutes) organizations & prepare for Public Hearing on 3-0403 7. Discussion of Tully Skate Park: Discussed (5 minutes) 8. Discussion of Infrastructure of Urban Renewal District: (5 minutes) Move to Item 19 of the Regular Agenda *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - Jam~ary 21, 2003 Page 1 of 1 All materials preserved rv public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please corvact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meatutg. Meridian City Council Meeting January 21, 2003 Page 6 of 21 Nary: Right so it's just a permit for removal, it's a different process and fee for the installation. Silva: Yes that's correct yes, the 200 dollars - Nary: -- I just didn't want someone to think I'm paying for something that I'm not getting anything for. Silva: Yes it's one or two tanks for 200 dollars and then 50 dollars per hour for a removal for the first hour and 30 dollars if it runs into a second hour rate it doesn't typically run that long. Nary: Great, thank you. De Weerd: Council any other questions? Do you feel comfortable having Kenny and Joe bring this out into community for public comment? Bird: Sure absolutely. McCandless: Yes. De Weerd: Okay thank you so much. Go ahead, if you have any specific people that you feel should get a copy of this please let Kenny know or Joe so that they can get a copy to those individuals or organizations. Thank you very much Joe. Kenny anything else? Okay. Item 5. Discussion of Lee Centers Project (fka Powder River Subdivision): De Weerd: Okay Item Number 5 discussion of Lee Centers Project. Gary do you or Brad. Watson: Madam President and Council Members I'm not quite sure how you want to handle this if you want me to summarize past correspondence in meetings or if you would like the developer to present their proposal first. I can do either one. I can simply answer questions afterwards. I do have a list of questions, concerns, and required information that we would need if this proposal moved forward and the City of Meridian was involved. De Weerd: Okay Brad I think maybe if you could give just a summary we'll ask the developer if he would like to share anything and then we'll go over some of your staff comments that we received I believe today. Watson: Okay a summary may be a little bit nebulous. We've met with Mr. Centers and his engineer in various formats a couple of times over the last couple of months. They're looking at development south of Victory Road on Linder Road in the area that was formerly known as Powder River Subdivision that went to the county in the summer of 2001 and was denied ultimately. We had at their request meetings regarding water and sewer facility issues in various forms. Based on last weeks meeting I'm not quite Meridian City Council Meeting January 21, 2003 Page 7 of 21 sure what the present proposal is. It started out as a 39-lot urban density development on 240 some acres or something like that but t think as the meeting progressed last week we were looking at more than 39 lots. There is a whole array of issues everything from them constructing their own private water and sewer facilities to the city providing both water and sewer facilities under different operation maintenance and financial arrangements. Do you want to hit on that range or - De Weerd: Yes. At this point, yes. You might explain Cherie, Keith, and I were here when Powder River came through originally but Bill Nary wasn't. Were you on Planning and Zoning at the time? You might give an overview of what has changed. We had an original proposal a couple of years ago. What was that and what has changed with this proposal? Watson: The proposal in 2001 included approximately 215 single-family lots on about 80 acres. The proposal at the time was that they would construct a community scale centralized Wastewater Treatment System and a community water system. At that time, we provided written comments and testimony to Ada County Planning and Zoning Commission and the Board of Commissioners recommending denial of those because of the provision of private companies providing centralized sewer and water services within our impact area. There are a handful of other issues that we commented on at that time regarding impacts to our sewer master plan. Ultimately it was denied and this current proposal again all I have is an 8 '/z by 11 sheet of paper that shows 39 lots I don't have anything in writing. Some of the discussions revolved around only those 39 lots although there was some discussion last week in a meeting that Mayor Corrie, Council Member de Weerd, Gary Smith, Brad Hawkins-Clark and I attended with the developer and his engineers in which they were talking about an initial I think 39 acres urban density development followed by a number of lots every year 20 to 20 or 40 one of those even numbers. De Weerd: Twenty. Watson: Twenty until that development was built out. In those discussions, we had talked about them constructing a public water supply a well to our standards and potentially the city owning or not owning but operating and maintaining that system. Where when they annexed that well would somehow revert to the city and there would obviously be a lot of financial negotiations for that to occur. My initial interpretation was that they were going to still pursue the community scale centralized Wastewater Treatment System but the idea was floated of pumping sewage from this proposal down to the Bear Creek lift station which is a whole pother can of words. I can go over that too but I think that's kind of the range of what we're looking at. There probably were some intermediates between those two extremes but are there any particular issues or questions on this I could answer? De Weerd: Council. Bird: No this is a new development (inaudible). Meridian City Council Meeting January 21, 2003 Page 8 of 21 De Weerd: Okay Mr. Centers or your representative. There's no application file at this point is that correct? Okay. Will you identify yourself and your address? Boyle: You bet. Council Members Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive in Boise, Idaho. Would you mind if I borrowed the tripod for a minute if I promise to put it back when I'm done? De Weerd: As long as you promise. Boyle: Mayor and City Council Members to start with I want to talk about just a few points related to this vicinity map and I also have a handout that I would like to present to the Council here in just a moment. First of all this particular project to orient you some of you that aren't aware of where it's at is located on Linder Road and it's approximately half a mile south of Victory. The Bear Creek Subdivision is indicated on this map in the location of my pointer here. The Bear Creek Subdivision as the crow flies would be located roughly a quarter a mile away from the property that Mr. Centers owns. Mr. Centers owns the piece that comprises of just over 150 acres in this area. The original subdivision that was referred to consisted of just over 70 acres of what Mr. Centers owned and that particular project was roughly 215 homes. That project went through quite a few different hearings, had quite a bit of input from the City Council of Meridian, from Meridian staff related to various issues that Brad touched on. At this point in time, there have been a couple of years that have passed since and some things have changed around Meridian. The developer is proposing at this point in time a 16-acre development with 39 lots. That's the proposal that he would like to present to the Council this evening. If I could take a moment, I'll pass out an exhibit that demonstrates that. This packet that I've provided you with, the first page of it represents what Mr. Centers is proposing as a Preliminary Plat for this particular property. The second page of the packet represents the Preliminary Plat with the boundary area of the property, the overall property that Lee Centers owns. The square boundary, roughly square and then in the southeast corner it's clipped by an existing lateral. That represents his holdings right now that are Mr. Centers ownership. This particular project that he's proposing is in a small area of that. There are several existing parcels of land that he has accumulated to make the total 152 acres. The particular development that he's proposing right now would be contained on one of those parcels of land that he presently owns. The remainder of the packet represents information that has been provided by Quality Water Systems, which is a wastewater, a company that provides wastewater treatment systems for subdivisions in communities. The first page lists projects that are either under operation with these treatment facilities or under construction or approved within Ada County. This isn't a concept that is new to Ada County as far as us being the first time this has been proposed. Ada County has approved a various of these systems throughout the county and you can see a listing there of those systems. One item of interest on the particular system that is referenced here this particular system is the wastewater treatment collection system for the City of Hailey. Hailey, Idaho this is their wastewater treatment system as a quality water system 6,200 people on a quality water treatment system. Again, it's not something that is a new concept. I think in our discussions with Brad he has also had opportunity through his education and other areas to review these types of systems. From a technical aspect, he seemed to be comfortable with this type of system performing the Meridian City Council Meeting January 21, 2003 Page 9 of 21 way that indicates for sewage treatment. The remainder of that talks about a quality water system and basically the -hopefully answers some of the questions that you may have regarding how the systems are maintained, what the financial operating costs are for these systems based on a per home basis. The way that Lee would set this up is that the homeowners would be charged a monthly fee as part of their Homeowners Association dues which would essentially be a fee that would be comparable to what the city might charge for their sewer treatment billing to existing homeowners. That's what the next information provides. The final provisions in there are a service provider contract that is just a standard contract that they sent over which is one that they typically enter into with the developer or other entity to provide those sewer treatment services. Now to back up just a moment and Lee, Mr. Centers the developer does not want this to be known as what it was formerly known as because this is a different proposal that's in front of you so I won't even mention the name. It's been batted around because he probably wouldn't want me to. This particular project again is 39 homes. I believe you've had some handouts from the Planning Department in - I was going through a list of meetings that we've had. The reason we're in front of you is we want to get the City Council's input because ultimately in your response to Ada County at least in the past on projects that have been within the area of impact they do look closely in your input. Mr. Centers he has not applied or submitted any applications however to date we've had eight meetings with staff, the Mayor, the Fire District et cetera to talk to them and discuss the issues around this project to try and reach consensus with everyone. We've met with Mr. Watson, with Gary Smith, Brad Hawkins, Joe Silva, all of them are here, and they can vouch for that as well. We're also here in front of you tonight. Essentially, where we are we at and where does this project come from? When we met with staff this last time, and the Mayor was involved in that discussion as well there was a lot of discussion related to the potential of a city well located on this site. That would be let me get a full size exhibit here. It would be somewhere in this northern area here that there would be a well constructed to city specifications. There was a lot of discussions about the well and dedication of that well to the city and (inaudible) financial obligations to construct a well and then dedicate it to the city. At this point in time, what the developer would like to propose is to proposed the 39 lot development only, construct a what would essentially be a community well however would be constructed to Meridian City standards for a well. Really, what we're asking for is a favorable recommendation from the City of Meridian for this project. Then over the upcoming year or two Mr. Centers has a project that he can begin developing in recouping some of his costs into the land and that will give us some time to work with the city on the well, the issues of dedication of the well and eventually what would be the project as a whole. Mr. Centers eventually would like to see this entire 150 acres developed into urban type densities. Now with that said, the existing zoning on the overall 152 acres is RUT in the county. RUT allows for a minimum lot size of five acres. Therefore, Mr. Centers is faced with a couple of options. One, he could develop under the current zoning standards of the county and come in with a subdivision on the entire 150 acres that were essentially five acre lots developed to more of a rural type standard with individual well and septic systems on those lots. That's based on his current zoning in the county within his property. Another option that we talked about with the city staff is Ada County also has a provision within the RUT zone that you can cluster buildable lots in an area of the site and kept the remainder in open space until services are available. With this proposal in front of you tonight, Lee is proposing to Meridian City Council Meeting January 21, 2003 Page 1 D of 21 request a zone change with the county on the 16 acres only not the entire 152 but the 16 only to an R4 zoning designation in the county, which essentially allows him to develop an urban style development here. This would be very similar to the development that you would see if he used his RUT cluster option as far as the number of homes. It would be roughly the same number of homes. It would be slightly less if he came in with the cluster development under the present RUT zoning designation. Basically, what he's proposing is a development that is very similar to what he's already afforded based on the existing zoning. However, he wants to keep the remaining land in RUT for now in evidence of his good faith to continue to work with the city staff on the issues related to the well dedication and sewage issues with the Black Cat Trunk extension. Over the next year or two, he could have time to negotiate with the city and see if they can come to a reasonable conclusion on the remainder of his site. If they can then at that point he would potentially come back with another Preliminary Plat for the remainder of the site or whatever was negotiated. However, he wants to be clear because it seemed like there was a little bit of confusion back and forth that right now all he is asking for is 16 acres, 39 lots, which is similar to his existing entitlement based on the RUT zone. What are the advantages and disadvantages? The scenario right now with five acre minimum sizes in an RUT zone I believe would not only be detrimental to Mr. Centers but detrimental to the city. If Mr. Centers were to develop this property with five-acre lots, essentially what you've done is you've created an area where it's going to be very difficult to develop at urban densities in the future. You're going to end up with more of a scattering of potential. people that may come in it's not going to be a coordinated master plan development. Fire protection services are not as good because you've got longer street runs serving fewer homes. You don't have the fire protection that would be afforded being on a community well system. There are just a lot of issues that surround those five-acre lots. Part of this that I would like to point out is that Bear Creek Subdivision extends down to Victory on this line here. The rough dark outline here represents city limits, current city limits. Now you can see there are same lots south of Bear Creek in this location here that are developed to urban densities. That particular development is called Kentucky Ridge and Lee might correct me on this I believe that came in late 90's, okay maybe it was mid 90's then around 94' on Kentucky Ridge. That particular development when it came in was granted approval on a community sewage collection system under the same Comprehensive Plan that you're operating under -well that the county is operating under right now which was your 93' Comprehensive Plan. Same Comprehensive Plan and their on a community sewage and community water system. Now the interesting thing at that point in time is that in the conditions of approval with the county they indicated that at the time that Meridian had sewer treatment services in this area that this subdivision would be required to connect to city services. It was in Ada County's conditions of approval and Mr. Centers has talked to them about that however the county is not going to enforce or require annexation and connection into a city because of jurisdiction issues. There weren't any teeth behind that condition of approval with the county. If there had been a Development Agreement and annexation request on this particular piece for Kentucky Ridge then Mr. Centers' piece of property could potentially actually be contiguous to city limits right now had that Development Agreement been in place and Kentucky Ridge connected in and been annexed into the city. De Weerd: Mr. Boyle. Meridian City Council Meeting January 21, 2003 Page 11 of 27 Boyle: Sure. De Weerd: Could you summarize? Boyle: You bet, so the issue is this. Right now this proposal in front of you based on the surrounding development patterns that have already been approved in the county here it makes the extension of the city southward in this area very difficult within this entire square mile based on these existing county subdivisions that have been previously approved. Mr. Centers is willing and has discussed this in the past to also enter into an Annexation Agreement essentially. An agreement that he would indicate on his plat that this particular subdivision would annex into the City of Meridian when contiguous to the city or when requested by the city which would be a similar item to what you see within Boise City's area of impact. They now require that on the face of the plat that it include a note that annexation is requested into the City of Boise. The City of Boise may annex this property at any time. He would also essentially include that his CC&R's and would be willing to also incorporate them on the deeds for the individual lot owners that annexation request. Where does he at right now? Lee would like to just get an indication from the City Council of support on this particular project. He would be willing to request that annexation for this project when the city is out in this area. Then in the meantime be able to negotiate and work with the staff and City Council on the future development on the well and upfront he would construct that well so it would be something that the city could take over if we come to agreement on the development of the remainder of the property. De Weerd: So Mr. Boyle on your cluster densities is that what your 39 lots will be if - Boyle: It actually I believe comes out to 30 or 31 lots if you took the overall property because the county with their cluster developments allows you to have double the density that you would normally get based on splitting it up into these large five-acre lots. The reason they do that is to allow for cities to have a more consistent growth pattern where it's not split up into parcels that are difficult to develop. This is more lots than that by eight lots, eight or nine lots. The only reason for that is just so he could essentially have lots on either side of the road based on the road network. De Weerd: But on the cluster densities they allow you those number of lots until the city is contiguous to the development is that correct? Boyle: No until the city is contiguous it's actually until municipal services are available. If you guys went out like Vienna Woods and brought a sewer or lead, in for that matter they would allow that to further subdivide and develop. Yes, their restriction is if you come in with a cluster you have to wait until the urban services are available to the property or municipal services. Again that would be essentially in your hands I guess and Lee's potentially to get those urban services of the property and allow for the future development. De Weerd: Okay any other questions or any questions other than my own? Meridian City Council Meetlng January 21, 2003 Page 12 of 21 Boyle: Could I just raise one more point if I may? De Weerd: Yes. Boyle: Thank you. The only other point that I did want to mention is this property has been in the urban services planning area for the City of Meridian since that 93' plan. In otherwards, Lee has been in there for 10 years waiting for sewer and obviously there are a lot of sewer issues with the city and a lot of growth and it's made it difficult to extend trunk lines (inaudible) different areas. He just wants the City Council to realize that he has waited some time for services to get there, now it's. actually at a 10-year period, and services still aren't there. This is still within the urban services planning area and it is still shown as single-family residential in your Comp Plan for urban densities of what is it Dave, three to eight dwelling units per acre. Thanks. De Weerd: And I guess the risk you take if we take it out of our area of impact is then you would only be allowed the urban density or the rural densities. Boyle: Right. De Weerd: We're well aware of the commitments to our area of impact but we also have a budget that we have and a master plan that we have to stay within too. Staff do you have any additional comments you would like to add. I guess at that point we need to hear from Council and if there's any comments that they feel comfortable with making tonight or if it's something that you need to think about. Gary. Smith: Madam President and Council as Clint mentioned we have had several meetings with Lee and with him. I think John Carpenter was at the last meeting. There's also been a proposal by Lee that the city could become involved in the operation and maintenance of this well under a separate agreement with a possible future right of purchase our system grew out to that point. Lee did something similar to this with the City of Nampa recently on subdivision on the boundary of their area of impact. It's - I don't believe it's even in their area of impact but it's right on the boundary. I don't know the legalities of this. I told Lee and Clint in one of our meetings I assumed that there's not a problem because the City of Nampa has moved forward in this agreement signed by Mayor Dale and it's a matter of record. This would give us the opportunity to have input into the construction and the design of the well. There's also been some discussion concerning the sewering of this property this 39 lots and whether or not that could be pumped into the Bear Creek lift station. In visiting with Brad, that's going to take some considerable investigation as to the capacities that are available. Not only in the Ten Mile Creek Trunk Line but also in the eight-inch sewer that this Bear Creek lift station discharges into on Overland Road. That may be the limiting factor in that proposition. Those are two additional items that we've talked about that I wanted you to be aware of if there's a decision that the Council makes that you want to proceed on that basis. It is a as far as the well siting is concerned it does - ***End Of Side One*** Meridian City Council Meeting January 21, 2003 Page 13 of 21 Smith: -- to our conceptual plan far well siding that we've established in our planning. That's a good point. De Weerd: Any questions or comments? Nary: Madam President. De Weerd: Mr. Nary. Nary: I guess I would like to have a little bit of time to think about it. I mean I think there are obviously some pros and cons that are better than what was presented previously in the unnamed other subdivision. I guess we need some time to digest it. Like I said I think there's some good and bad and I think there's some - I appreciate Mr. Centers at least coming forward with some proposals that looks -that there are some benefits to the city and there is some give and take here to be looked at. I think that's very positive and I appreciate that. I guess we need a little time to just think about. I don't know whether we want to have a discussion again at Pre-Council on this issue or I think Mr. Boyle and Mr. Centers wanted at least some idea what we're thinking about it to go forward on. I don't know when we have time that week or two to put this back on. I think you've brought some very good points and I appreciate your presentation and some of these things that you've discussed. I do think as Council President de Weerd said you know we are concerned about the urban packed and we are committed to getting services to those areas. Ten years is a long time so I think we at least need to evaluate what you're presenting because I think it's like I said it's presented some very good ideas as well. Boyle: Thank you. McCandless: Madam President De Weerd: Mrs. McCandless. McCandless: Gary what's your estimation now of how long it would take to get the sewer system out there? Smith: I don't have an estimation on the Black Cat Trunk extension from where we're planning to build it right now. We're planning to take it to Franklin Road. South of Franklin Road with one leg and on Ten Mile Road and the other leg would be just north of the Interstate to serve the Eastborn property that's at the northeast corner of I-84 and Ten Mile Road crossing. That's as far as we have any plans to develop the Black Cat Trunk. McCandless: So actually they would have to maintain their own sewer system out there until such time as we went out there is that correct? Smith: Correct. The two alternatives that have been presented are to have an on-site treatment facility such as has been proposed by Quality Water Systems. The second alternative would be to pump into Bear Creek to pump into the Ten Mile Trunk. Meridian City Council Meeting January 21, 2003 Page 14 of 21 McCandless: You haven't really had time to - Smith: No, the option of pumping into the Bear Creek lift station as Brad mentioned earlier it's going to take some study because it is somewhat complex and it's just a time situation in getting that study done to see if there's a problem. If there is a problem, where is the problem? McCandless: Thank you. Smith: You're welcome. De Weerd: I guess these really do open up some policy questions. The pros and cons listed by the staff in their memo of January 21St raises some of those questions. If the Fire Department could also add to the pros and cons, I know that certainly a pro would be the adequate fire flows that Mr. Centers had mentioned that he could do if he did the city well. If they were to develop the five-acre sites, what kind of impact that would have on your fire services out into those areas as well because of the type of fire protection that they would need with those rural densities. I guess one more thing that if when we visit this and I would suggest February 4th our meeting next week is just very packed. If Gary you could let us know if they develop this in the rural densities the five-acres or even the cluster how that would effect our ability to serve and plan the areas around that. If that would be possible to have that information at that time as well is there anything else? Mr. Bird did you have something? Bird: No, I just echo you guys. I think this is a lot better than the former one was and I'm not ready tonight to make a judgment on it. I would like to listen -hear some more pros and cons. De Weerd: Okay so we'll just put it back on February 4~' and see if we can get the additional information for consideration. If we could get that at - and I know it's a lot to ask but if you can get that to Council your earliest convenience, so they have time to really look at it so they can be prepared February 4th to give some direction. Smith: Madam President. De Weerd: Mr. Smith. Smith: I don't think we're going to have a hydraulic analysis done by them as far as the impact on the sewer system. De Weerd: That's fine Gary. Smith: Brad was estimating several weeks four to six weeks at least to get all of those things addressed. De Weerd: That would be more an answer to if you could pump it into Bear Creek? Meridian Ciry Council Meeting January 21, 2003 Page 15 of 21 Smith: Yes correct. Correct that's right. De Weerd: Okay that's fine. Smith: Okay. We'll have as much information as we can put together for you at that time. Would that be at aPre-Council Meeting again also? De Weerd: Yes. Okay thank you very much. Boyle: Thank you for your time this evening. February 4~' then. De Weerd: February 4~' Item 6. Discussion of Dust Abatement Ordinance: De Weerd: Item Number 6 is the discussion of the Dust Abatement Ordinance. This also, I believe that Mr. McKinnon had got it out to Council prior to the meeting. This again is for your consideration before this goes out to the appropriate entities for their review. Mr. McKinnon do you want to introduce the ordinance? McKinnon: Thank you Madam President, Members of the Council you should have all seen this once before. There may have been a few changes that have been made to it and I'll just give you a brief background of what it is and why we need some sort of ordinance. As you are all aware this last winter, we went through an inversion where we had some unhealthy levels of air pollution. This would be an ordinance that would help to eliminate the amount of particulate matter that's in the air. It goes through a series of definitions. It goes through to explain what everything is what the PM-10 is what PM-2.5 is. Those are just particulate matters and measurements of that and what the effects of those are on the health, in the city and how they affect the people that live within Meridian. Then it goes through some regulations. Just in a nutshell what those regulations would be is that when somebody comes into apply for a Building Permit in the City of Meridian or a Conditional Use Permit the applicant would have to sign a piece of paper that - do you not have one Cherie? McCandless: No. McKinnon: Let me get you a copy. De Weerd: Will do you have one? Berg: Not with me it was emailed. McKinnon: Basically in a nutshell what it would be is when someone comes in for a Building Permit for the city they would have to sign a piece of paper acknowledging the fact that there is a Dust Control Ordinance in place that they'll take their best measures and they'll take procedures to keep the dust from being dispersed into the air or being tracked out onto the road. Then when they would sign for that we would have a person that `s responsible so if there's any reason that there's a problem on any of their sites CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 4, 2003 at 6:00 p.m. City Council Chambers Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless 0 Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Tabled from January 21, 2003: Discussion /Decision on MOBS Billing Directive: Prepare Public Hearing and Ordinance (5 minutes) 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): Table until March 11, 2003 (25 minutes) 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: Approve (10 minutes) 6. Discussion of Administrative Lot Split Ordinance: (10 minutes) Move to Item 12 on Regular Agenda 7. Discussion of Open Vision Fencing: (5 minutes) Move to Item 13 on Regular Agenda *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda- February 4, 2003 Page 1 of 1 All materials preaemad at public meetings shall become property ofthe City of Meridian Aoyoae desiring accommodation for disabilities related to documents and/or hearings please contact the City Clmtc's Office at 888-0433 at least 48 hours laic to the public meeting. Meridian City Pre-Council Meeting February 4, 2003 Page 8 of 17 Howard: Thank you Mayor and Council. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Tabled from January 21, 2003: Discussion of Lee Centers Project (fka Powder River Subdivision): Corrie: The next item is tabled from January 21, 2003 the discussion with Lee Centers Project 25 minutes. I hope you guys can do it in that time because I'm going to cut you off. We've got three other things right after that so can you do it Clint? Boyle: I will do that. I'll just stop mid-sentence if I have to. Corrie: Okay you're on. De Weerd: Just three minutes or less. Boyle: Suggestion though it's only a suggestion. Good evening Mayor and City Council Members Clint Boyle with Pinnacle Engineers 12552 West Executive Drive in Boise. I appreciate your time this evening. I'll get right to the point on this since I realize your time is limited. We had a discussion at the past City Council Meeting regarding a piece of property that is located on the east side of Linder Road approximately a half mile south of Victory. This particular property consists of a total parcel area actually there are three different parcels of 152 acres that is owned by Lee Centers. Currently, this piece of property is zoned RUT Rural Urban Transition in the County. There we go. Maybe we'll get there staff is pulling up a map. This particular piece of property has had an application before you in the past that was denied by the Ada County Board of Commissioners based on comments received from the City of Meridian mainly related to Wastewater Treatment Systems and other issues. What I want to emphasize tonight is that what we put in front of you and what Gary Smith has put in front of is several different scenarios. We've worked very closely and have spent many hours with your staff in working on the issues surrounding development of this particular piece of property. We've met with the Planning Department with Public Work's on several occasions. We've also met with the County we've met with the Fire Department, Fire District Committee Meetings and if - we tried to work out as many issues as we can. That's why we're here in front of you tonight because Mr. Centers obviously this time around wants the city to be comfortable with whatever he presents to Ada County so that he will have a good feasibility in getting the project approved. With that, I want to jump into the scenarios real quick. In the spreadsheet, that I passed out is essentially a synopsis of some of the comments that Gary Smith has provided to you in the scenario sheets that he provided to Council. Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Pre-Council Meeting February 4, 2003 Page 9 of 17 Nary: Mr. Boyle I don't mean to cut you off but I guess one of the things -you know that the information we received from Gary Smith we just got today? Boyle: Right. Nary: Mr. Bird isn't here tonight and probably will be in a couple of weeks. I don't necessarily want to put Mr. Centers off necessarily either but this is a fairly significant project for the City of Meridian it was the last time it probably will be this time. I don't want you to waste your time and have to go through this again but I do think I guess for me I would like to have Mr. Bird's input. I don't know timing wise how that works for you or your client you wanting to put this off for three or four weeks but one I haven't had any opportunity to digest what you just handed as, as well as what Mr. Smith sent us. I really would like to have Mr. Bird's input and involvement in this as well. I would hope he'll be here within three or four weeks but - so I don't want to waste your time but I just want you to if you want to give us your spiel tonight you can and we're really going to want you to come back and talk whenever the rest of us -everybody's here. What are your thoughts is there a timing issue that is fairly critical? I don't want to put Mr. Centers behind anymore either. Boyle: What Council day I guess would we be looking at if we were to postpone this again is there a specific date that - Corrie: Well we would be looking at most likely either the 4~" or the 11i". It depends upon his recovery. He would probably -four weeks would be a pretty good shot to take however, not foreseeing anything that can come down the pipe. If the Council, Mr. Nary, and I talked to some of the others, they would like to have all of us in on this because this is a very important scenario that you're doing. If you do it now you won't have the opportunity to do it again. We're looking at the 4~' or the 11~" with all medical procedures following in line. Now that's the question that we need to have you and Mr. Centers -can you hold off till that? If you can't you probably will have to anyway not saying that you don't but if they want all four Council people here then you will be that before (inaudible) anyway. You can come up here Lee if you want to talk to. (Inaudible discussion amongst Council Members) Nary: The 11t" is probably the safest bet just because it's a little further. Corrie: Well knowing what I went through and I was younger than he is it -four to five weeks is necessary to really have the strength. Boyle: I'm back. Clint Boyle again for the record. Yes, I discussed that with Mr. Centers and obviously there - it doesn't sound like there is going to be any decision tonight. He still would like, since we're here to just present the scenarios to the Council that's here, maybe get any feedback on any items that are in particular interest to the members that are here tonight. We'll try to be Meridian City Pre•Council Meeting February 4, 2003 Page 10 of 17 brief tonight and then present to the full Council in a month or whatever is appropriate on the - Corrie: Okay it's up to I mean you've got to quarter till so you've got 15 minutes now. Boyle: Okay. The scenarios that you have in front of you I'm just going to briefly run through. What we put together are scenarios and we've worked again with the staff on these different options as well. They've developed some pros and cons from what the staff, also the developer sees, and then I have a spreadsheet just kind of summarizing that. Scenario Number 1 out on this, particular piece of property would be the development of the property under. the Rural Urban Transition at five-acre lot sizes. That is the standard dimensional standards per Ada County. Essentially, what you would end up with is a subdivision that consists of 30 lots that were five acres each. Now with that as far as the type of service provisions, out there water and sewer would be provided with individual well in individual septic systems on each lot. The ACRD requirements since these are over an acre and a half in size we would be allowed to develop it their rural standards which means that it would just be an asphalt section with barrow ditches on either side rather than your standard curb, gutter and sidewalk. As far as fire protection again, fire protection there would not be any sort of hydrant type system available for fire protection. This particular option minimizes the amount of infrastructure that the developer needs to place in the project. However, with that minimal amount of infrastructure the developer also doesn't realize is great of a return as he potentially could on something that was more of an urban type development. As far as the pros and cons to that to the City of Meridian, you know Gary Smith has listed some of the pros that we discussed with the City of Meridian. That the City of Meridian review time on the project would be fairly minimal and there really wouldn't be any cost to the City of Meridian for this. As far as the cons on that, five-acre development obstructs future extension of utilities in the area. It conflicts with the Land Use Plan and the goals and policies for urban type development in that area. The first scenario really I guess is probably the most detrimental out of all of these from the city standpoint as well as the developer doesn't want to have to perceive in that fashion if he can help it. The next scenario is an RUT cluster. Again, this is allowed with the existing zoning that's in place. Ada County allows you to cluster lots in an area in one area of the overall site and with that clustering of lots you can have double the number of dwelling units that you normally would get if you developed with five- acre lots. Therefore, we would end up with 30 buildable lots. Based on their standard regulations under the RUT cluster those lot sizes have to be between one acre, an acre, and a quarter. If we clustered those lots each lot would be roughly an acre in size and chew up 30 acres of land then the remainder would be in a reserved open space area, which is somewhat interesting right now because, Ada County is also amending their Zoning Ordinance that would -what essentially would happen there is that open space would be reserved open space until such time as there was a rezone to an urban zone. It actually -the proposed amendment that they have would not even require municipal or community services to be extended which has been the case in the past. Again, 30 lots one acre in size as far as the street sections again with this particular Meridian City Pre-Council Meetlng February 4, 2003 Page 11 of 17 development under the Scenario 2 it still isn't at the urban type of standards. ACHD would require curb and gutter your standard street section but only require sidewalk on one side of the street. Again, that applies in ACHD's policy manual for lot sizes between an acre and an acre and a half. As far as fire protection, again with Scenario 2 the lots could be developed with individual well and individual septic systems that's with the cluster even. Again, fire protection you're not going to have the hydrant service available with that option either. You will not have -you'll lose the option of a community well, community water system and community sewer system potentially. Scenario Number 3 this cluster development that Mr. Smith has titled as community services and he's right. With that one, again this is another scenario that's allowed by the County Zoning Ordinance by the RUT zone. What it says is that a developer can come in, propose a smaller lot sizes, and come in with a more compact development if it's in line with what the city wants to see for densities in that area. Again, your Comprehensive Plan signifies this area as three to eight dwelling units per acre for single-family residential. This particular option the developer essentially would come in with a proposal at say eight to 10,000 square foot lots and again it would cluster. It would decrease the amount of land that's eaten up with the cluster development. With this type of development, the county requires the development to be on a community sewer system. Option Number 3 the difference is you can go to smaller lots in accordance with the cities Comp Plan but you do have to provide a community sewer system. Now they do not specify that you have to have a community water system so again depending on the size of lots that comes in, lets say Mr. Centers decided to utilize this option. He may actually be able to still provide individual wells and again that would be determined based on soil types and the size of lots. Obviously, if you got down to 8,000 to 10,000 square foot lots then he would have to go with a community water system that's Scenario Number 3. Scenario 4 would be a rezone of a portion of the site and that option is what's in front of you here on the exhibit would be something that would demonstrate that. Essentially, what would happen is there would be a rezone of approximately 17 acres to an R-4 zone and the remainder of the site would remain in an RUT designation. With that rezone the developer again would go in, put in a community well, community sewer system, you would receive your standard curb gutter and sidewalk type of facilities. With this as far as fire protection again with this option if a community well is designated then the developer would just provide a single point draft station, which essentially would be one connection point for the Fire District. If the city were to enter into an agreement which would essentially a first right of your refusal or an option on the well and have the developer construct that so that the city could take that well over in the future if they desired. Then there would be the option there to install your standard hydrant system out in that area as well. That's kind of briefly Scenario 4, which is an R-4 development now. I just want to expand on that real quick here I think I have about five minutes left is that right? Just to expand on that real quickly the city well option, which has been an option that has been discussed previously with this Council, is an option where the developer would be willing to enter into that agreement with the city. Obviously he needs to -the more lots that he can obtain within this area that mare that he can spread his costs out if he's going to actually construct a well to city type standards. Again, he's proposing in the rezone 39 lots and then the Meridian City Pre-Council Meeting February 4, 2003 Page 12 of 17 opportunity to come back before the city at a future point and propose further rezones of the property. The final option, which is Scenario 5, would represent the entire build out of the project. Let me just flip my map over. As you can tell this is the most colorful option. This particular proposal and this is just a rough representation of what it may look like would represent the full development of the project. What the developers indicated is with this development it would entail roughly 455 residential lots and if a Preliminary Plat were approved by the county for a development of this nature he would be willing to construct and dedicated the well to the city so there would be no cost to the city for that well. He would also be wiling to dedicate the park area and I just want to point that out. I don't have my pointer here so maybe I can swing this around. The developer is willing to dedicate in addition to that a park site, which would be in the eastern area of the subdivision. In addition to that, then; is an existing easement that is a gas line easement it's all under ground. He has an 80-foot corridor over that area that he also has proposed as just open space or common lot. He would be willing to also dedicate that to the city so they would actually have a greenbelt pathway connection that would extend from Linder Road and could potentially tie into other areas further north that would give a nice greenbelt pathway right to the park in the east portion of the site. Now the advantage we discussed this with the staff and then that park location that he would be willing to dedicate to the city is somewhat central to the subdivision and there was some discussion that it would function more like a neighborhood park. The real advantage here is since it is on the border of his property on the east side down the road when further development occurs south of Meridian and parcels adjacent to this develop there would be the opportunity to obtain additional park land adjacent to this depending on you know what the city wanted to see. If they wanted that to be a larger park area within this particular area, that access is fairly easy access back to the park on the proposed collector street. That collector street can be modified to run to the park very easily. Again this is another option the - obviously with this proposed project if he came in with a Preliminary Plat there are constraints with the Black Cat Trunk Extension. The developer again realizes that yet he also realizes that he has been in the urban service planning area for Meridian for 10 years now based on the 93' plan and he just wants to be able to recover some of his costs in the land and then be able to move forward with the project. If he would have come in with something like this with this type of development and the city supported something like this he would enter into the agreements on the well to dedicate -construct and dedicate the well to the city. Enter in agreement for the park site of the potential greenbelt if the city desired it. Again, this would help to mitigate - I noticed the staff indicated that one of the cons was that they wouldn't receive any park impact fees. Well he would be willing to give them a park area with a greenbelt. Then the other item here is he would also be willing to enter into an agreement for annexation when the city was contiguous which could be recorded on the plat as well as in the CC&R's and any other agreements for the city. Finally, with this particular option he would be willing to have more of a slow managed growth if the City Council saw fit where he would even be willing to say slow the growth. To where he would only be allowed, to bring in a certain number of lots per year until such a time as either annexed or that Black Cat Trunk were available. Those are the scenarios that are out on the table and I know Gary outlined a lot of the pros and cons that Meridian City Pre-Council Meeting February 4, 2003 Page 13 of 17 we've discussed. I appreciate the staff time that's gone into this I know the~ve worked on this quite a bit. I've had quite a few discussions with them on that and it sounds like we'll be back in front of you again but just wanted to at least present our case and hopefully get you thinking about the project a little bit. Cowie: Okay. Anybody have any questions right now? Let's schedule this as a come back time for Pre-Council presentation of March the 11th. Council have any heartburn with that one? Okay great? Boyle: Okay. Cowie: Thank you very much appreciate your - Boyle: Can I just bring up one more point? If the Council had any other issues that they felt they want to discuss it would be nice to kind of know, get some input on what those were. I know we talked about fire protection at the last Pre- Council but if there are any other additional issues we've got some time here to check into them. Cowie: Okay I'll make it (inaudible) centralized that they can. bring it to me. I'll see that you get it as soon as I get it. That will give you a chance to work it all in by that time. If the Council will just bring them to me, I'll see that you get them that same time. Boyle: I appreciate it. Cowie: We'll have them all itemized for you. Boyle: Okay thank you. Cowie: Thank you. Item 5. Discussion of City of Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments for 8.6 acres at Muirwoods Subdivision, 5.3 acres at Ranchos Los Altos Subdivision, and 8.64 acres east of Bremerton Subdivision: Cowie: The next item is the discussion of the Meridian Initiated Area of Impact boundary adjustments and Comprehensive Plan Amendments. I guess that would be you Brad. Okay. Hawkins-Clark: Good evening Mayor and Members of the Council. You should have received a memo from myself dated January 31St that kind of summarizes the background on this. The Public Work's Departments of City of Meridian and Boise City met several months ago to discuss several properties along our eastern area of city impact boundary. Which ones may or may not be serviceable by one or the other jurisdictions. That's sort of the origination for these specific parcels that I was going to talk to you about tonight. The Boise CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, March 11, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: Approve 3. Tabled from February 4, 2003: Discussion of Lee Centers Project -- Silver Creek Subdivision (fka Powder River Subdivision): Discussed - no support (30 minutes*) 4. Discussion of Marshall Ooden Proaerty Annexation at 1065 East Fairview Avenue: Owner needs to check County Requirements before decide (10 minutes*) 5. Discussion of South Eaale Road Imorovements at St. Luke's (East Magic View} Widening and Center Median: Move to Item 12 on Regular Agenda (10 minutes*) 6. Discussion of ACHD Road Widening Franklin Road Project /ROW Purchase Agreement: Storey Park, Fire Station (10 minutes*} 7. Discussion of Blakeslee 8r Associates Letter: Move to Item 13 on Regular Agenda (5 minutes*) 8. Update on Amending the Fence Variance Ordinance: Move to Item 14 on Regular Agenda (5 minutes*) 8. Executive Session 67-2345-1-b: Move to Item 15 on Regular agenda Meridim City Council Agenda - March 11, 2003 Page I of 2 All materials preserved at public meetings shall become properly afihe City of Meridian. A~ane desiring accoromadafion for disabilities related to documems md/or hearings please contact the City Clerk's Office at 8881433 at least 48 hams prior to the public maatmg. Meridian City Pre-Council Meeting March 11, 2003 Page 11 of 25 some of those improvements and tie it in to future developments in some fashion. Typically when it comes in it has to come up to what the standards are. Hawkins-Clark: Thank you. Corrie: Okay. Thank you Marshall. Let us know how you want to proceed. 3. Tabled from February 4, 2003: Discussion of Lee .Centers Project - Silver Creek Subdivision (fka Powder River Subdivision): Corrie: Discussion on Lee Centers project. Silver Creek Subdivision. Powder River Subdivision. Brad. Hawkins-Clark: Mayor members of the Council. The discussion here tonight on Urban Services is on of a couple that you actually have on your agenda tonight the last item on the regular meeting is also going to touch on this issue so. I trust that you've had a chance to review the memo that I submitted and that Mr. Bird has had a chance to review maybe possible some of the minutes from the last February meeting that he missed which was one of the primary reasons that this item was continued was because of his absence. I think generally what I've laid out in my March 7th memo is the Planning and Zoning Departments there is just three additional considerations that we had after the February meeting and of course you had it one month before that as well. But we have received just today a concept sketch plat for the 150 plus acres and the screen does show generally the area that we are talking about. Victory Road is up here on the north Amity on the south Linder. The property specifically is more less here at the half mile on south Linder Road between Victory and Amity on the east side of Linder. Unless you would like me to hit sort of point by point items of the memo. I think as I understand the reason for this is to allow the Council to hear any other issues from Mr. Centers or Clint Boyle his representative. There are of course all urban service issues to be considered and the memo that you received last month that kind of laid out the five development scenarios that he has available to him on this property. Everything from leaving it as a five acre lot subdivision in Ada County to developing a full blown urban density subdivision in the county but with urban services. There are numerous sort of point kind of hanging on this that have been discussed a well that Mr. Centers has offered to design and construct and dedicate to the city to potential park land to potential substation fire lot, a pathway greenbelt system. All of these things have been thrown out on the table and essentially we are looking at a policy decision on whether or not that Council is prepared to extend particularly I guess the urban water and sewer to allow this development to happen in the county who has stated that they are looking very strongly to the City of Meridian for our recommendation on this development. I think the issue of -the path of annexation was one that I touched on and this map doesn't give a real good overview but you can see the south end of Bear Creek Subdivision here on the north side of Victory. Stoddard Road is here that comes down. Kentucky Ridge Subdivision borders the property here on the Meridian City Pre-Council Meeting March 11, 2003 Page 12 of 25 north. As you can see a lot of this Subdivision in Ada County, I think these are one or two acre lot Subdivisions. Egers Subdivision and Pebble Lane, one to three acre lots. Kentucky Ridge is here which is more of an urban density as well as Meridian Heights Subdivision. So in terms of the city agreeing to except even if the city required the lots to annex in the future when the city could annex it in the future. The question is are we concerned about when that would be? So you can see there are some challenges getting a path of annexation to this property. It's not unforeseeable that it would come south of Meridian Heights and come in this way. This property here as been discussed for development over the last four or five years, on the comer of Meridian and Amity and that does border this property. Mainly we just wanted to include that for your consideration. There is also as I a put into the memo the condition that Kentucky Ridge Estates says that they must connect to Meridian once the services are reasonably available. And that condition is on the Kentucky Ridge Estates final plat. So you know I think there's many considerations, you have in your packets a couple of letters from Mr. Boyle that kind of hit some other highlights of the development and from a long range planning standpoint I guess our opinion is to allow this to have a fairly controlled staging or phasing of development at an urban density that we get the sidewalks on both sides of the streets. That the lot sizes as they are proposing an R-4 in Ada County, which would be sort of your 8 10 12 thousand square foot lots. There certainly are some benefits to that as compared to letting it come in with some services that are sort of partial compliance. I guess that's all I had. Corrie: Any questions of Brad at this point. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess hearing from staff. I know Joe took a look this from the fire perspective and urban versus rural and he might have something to add at this point. Silva: Councilperson De Weerd, Council. We discussed this at the rural commissioners meeting last night and Mr. Centers as of a bout a week ago there had been a proposal to perhaps at least offer the city and the fire department a potential site for a fire station location. One of the considerations in placing it within this development would be with the development in the redevelopment district in downtown Meridian we would have a greater need for services and we need to be able to provide reinforcements for calls for service in and around the speedway because of the intensity of the development that will take place around that area. With that thought in mind a location strategically located closer to Meridian Road, which would allow for a quicker access on our north south axis might be more preferable for a future fire station location. Meridian City Pre-Council Meeting March 11, 2003 Page 13 of 25 Corrie: Did that answer your question? Thank you. Okay Clint. We haven't got all night so be quick. De Weerd: Five minutes. Corrie: Name and address please. Boyle: Meridian City Council members. Clint Boyle, Pinnacle Engineers. 12552 West Executive Drive. I'll try to limit my comments to three minutes or less. I may go over that slightly. I apologize. I was under the impression we were starting at six o' clock. So therefore I'll try to keep it concise and not waste a lot of your time tonight. This item has been in front of you previously. You have seen a request in the past for a subdivision on this site and there were some issues related to sewer treatment etcetera. This proposal that is in front of you tonight is a project where Mr. Centers is striving to come up with a development on the property and wants to proceed with some sort of development on the property. He wants it to obviously be a benefit for himself but he's also tying to reach some common ground with the City of Meridian and make this a development that everybody can be happy with that the city feels they are getting some benefit and Mr. Centers does as well. I will make the assumption that all of you have seen the scenarios that have been presented so I'm not going to dive in to a bunch of details on those. If you have questions I will answer those. However what I did want to emphasize was a couple of things. Since the last pre council meeting that we had on this site. I have had discussions with Brad on the project on a couple different occasions and received his memo on that. The discussions that we have had again from the planning standpoint was that it seemed to be one of the preferable routes at least from the planning staff was that we submit a concept plan that indicated what the overall build out of this project may look like. Now with that concept plan again this would be an Ada County project currently, with that concept plan if that moves forth and moves through Ada County for approvals with the city's input we would also have a request for rezone and a preliminary plat that would incorporate what essentially would be 39 lots. Those 39 lots are shown on the exhibit in front of you. This particular exhibit demonstrates the overall boundary of the property with what Mr. Centers is proposing as phase one of this development. What does that mean as far as submittals. Our submittal to the county would include the concept plan for the over all build out showing the over all development of the property what he has in mind. It would also entail a rezoning to an R-4 zone on the just over 16 acres indicated in what would be the south west comer of the property and the preliminary plat on that same 16 acres. What does that do for the city? It requires Mr. Centers to come back in front of the city with subsequent phases with a preliminary plat the city will have more review and control as each phase progresses forward. My understanding and Brad can correct me if I'm wrong here is that the city at least from the City Council standpoint the final plats are not reviewed by the council. So if a preliminary plat were approved on an entire project that would be the only time that you would see the project and then each Meridian City Pre-Council Meeting March 11, 2003 Page 14 of 25 final plat would just be staff level approval. Am I correct in that Brad? Okay. So this way the City Council again can see the phasing as it comes in because we would be submitting a preliminary plat on each phase along with the final plat. As far as the other benefits to the city again you'll know up front what you are going to have out in this area as far as urban development. What it also allows is with Mr. Centers knowing that he can eventually move towards this ultimate build out. It also allows him to make some commitments to the city as far as potential dedications of well sites and also construction of the city well, which has been discussed previously with Council, and we've had various discussions with Gary Smith on that idea. Benefits again there to the city is that the city would be able to have ownership of that well or at least some sort of first (inaudible) of the well however that was negotiated with the city and that would keep any other surface providers out of the area. In other words Lee would have the option if he were to develop in the county and do a community well of having some other service provider such as United Water take over that system for him. The other benefits to the city is that the developer is also willing to negotiate for potential park dedications and we do have a concept plan that was submitted to Brad that shows the overall development. I do have some copies of that if Council would like to see them, it indicates where the potential park dedications may occur. As you recall the last time I was in front of you I actually had a copy of the concept plan, that sketch in front of you and the idea here is that there is a few options that may benefit the city. There would be a potential greenbelt pathway that would extend from Linder Road to the eastern extents of the property to a park site there. Then as future development occurred east of this project which would be this larger parcel upon your screen that that could also expand upon that park area and so the city could end up with a nice city park with a greenbelt path from Linder Road right to the parkway. So there are some benefits that he's placing out on the table with this development. Part of the issues that we talked about in the past are the extension of services. Mr. Centers is interested in pursing connection to city services of this project. He would be wiling to provide that connection himself in the sewer and water main lines. And again this would be based on his understanding that he would be over time allowed to proceed with the full build out of the project. And realistically the way that boils down is that if he only is only going to be looking at a development with ultimately 30 or 40 lots out here till such time in the future as he is annexed or the Black Cat Trunk is available, it doesn't give him as much flexibility to spread the costs associated with construction the well, dedicating park sites etcetera. In my discussions with Brad Hawkins-Clark with the city, my,understanding from the discussions that he has had with public works was that Public Works from an engineering standpoint felt that either method, either connecting to city services and or doing the quality water system would potentially be a feasible route and it was more of a policy decision and maybe Gary can clarify from an engineering standpoint but my understanding is that public works department doesn't have any serious issues with either the quality water system from a design standpoint and or the possibility of extending that sewer system. And again Ihaven't - Meridian City Pre-Council Meeting March 11, 2D03 Page 15 of 25 (End of Side One) Boyle: -- but he might be able to shed some light on that if there is objections there. Has this occurred in the past, has the city extended services outside of city limits previously? Again my understanding is yes they have. They've done it with several other subdivisions, as you are aware. They have also done it with other projects that Brad and I have talked about with Summers Funeral Home and Edinburgh Place, Vienna Woods. I mean there are various examples that we could give and all of them have unique situations related to them. This particular project Lee is willing to enter into an annexation agreement with the city. He would be willing to indicate that this project will be annexed when contiguous to the city on the final plat on the deeds and the CC and R's. So it's very clear to any potential buyers in the marketing disclosures that when the city is contiguous that it would annex into the city. And he's also again willing to enter into the development agreements for the well construction and potential dedication to the wells and the park site as well. My understanding again and I think we have all the players here is that Mr. Nichols had talked to the planning staff about that and seemed to be under the impression that we would be able to proceed with that route from a legal standpoint as far as having those provisions in the development agreement that's entered into with the county. With that in we are here tonight to try and come together and reach some consensus on this and come up with a project that will benefit the city and benefit Mr. Centers as well and everybody can come out feeling like it's a win win situation. And we are here to hopefully receive some council direction on this. When we met with Ada County on this project they preferred to see a master site plan on the entire site. However with that said they said well in the past based on Meridian's comments in the past they are going to look towards Meridian for some direction on what Meridian wants to see in their area of impact. Again that is why we are here in front of you tonight is to find out what our options are and how the Council feels about the options and the offer that's on the table. Thank you. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I got one for Gary more then Clint. But Gary I thought that they were going to put in a first class sewer system that when we got ours out. I don't know any sewer system that is even close to that area right now that is capable of being hooked to. We can't go down Bear Creek because we overloaded baby. I'll never vote to put anything more on that line. Smith: Councilman Bird, Mayor and Council. There have been two options discussed. One was the on site treatment facility. The other was to locate a pump station on site and pump to the bear creek lift station in off peak hour time schedule. We don't know for sure what the impact to our system would be with that scenario. I've talked to Brad Watson about it and our discussion has been Meridian City Pre-Council Meeting March 11, 2003 Page 16 of 25 that it probably wouldn't be that great of an impact on us on off peak times initially. Full build out, that's another question that hydraulic calculation needs to be made. You know we aren't absolutely sure how that is going to work or how many homes could be developed under that scenario. We are interested in seeing that operation of sewer and water facilities are available by the City of Meridian and not another entity. Its my understanding and I can't recall who I was talking to but I think that someone in our staff it might have been Brad Hawkins-Clark about the definition of municipal services under a county subdivision urban lot subdivision. That the County defines municipal services as either city or a sewer water district. So I'm not sure about the legalities of the dissolution of a sewer district or water district or how difficult that is. Seems like somewhere along the line I've understood its difficult once they are farmed but I don't know how difficult. The other thing that I guess one thing that we have talked a little bit about previously is setting a precedent not only in this area but in other areas in Meridian. I've always been of the attitude that we try hard not to pump sewage from one drainage area to another just from an impact standpoint on gravity service development. But I also understand that other cities have worked in off peak hour periods of time for doing that on a temporary basis. Your probably aware, well I'm sure you are aware of the interest in the construction of the interchange on Ten Mile Road and I-84 along with the associated extension of the Black Cat sewer trunk that we presently have a consoling engineer under contract for design of that trunk right now and they are preceding with it. Were assuming that all things go well with the acquisition of easements, approval of plans etcetera. The engineer is projecting that that trunk lines should be constructed within two and a half years something like that. The interchange is - the developer Eastborn is being very aggressive about moving forward with the design and they have done some preliminary concept design that the city has been a partner in as far as financing and they have been very aggressive in meeting with property owners and around the interchange and so you know its hard to put a time period on that but it kind of boils down to financing that's available. Or that they are able to secure that the developer is able to secure that they can use as kind of a bargaining chip with ITD to secure state funding or a share of that interchange. Difficult to -and at the meeting last week that Mayor Corrie, Brad Watson and I attended a representative from ITD didn't want to put his finger on any time periods as far as when this could happen. But anyway having said all of that five to seven years from now that may be a reality, we just don't know. And where Lee Centers project is, in five to seven years if we are still pumping in to the Black Cat trunk and we do have an eight inch line in Overland Road that this Black Cat sewer lift station pumps into that needs to be analyzed for even during this off peak time pumping but I think even on the shorter period we don't have a big concern with being able to do this. And I guess weighing that against having another party enter into operation and maintenance or ownership of a utility for the subdivision, water and or sewer. Bird: Gary I don't believe we need to worry about having another party come into our impact area. I think we still got some power as long as its in our impact area Meridian City Pre-Council Meeting March 11, 2003 Page 17 of 25 we would have, as I understand it, we would have to agree with it. But when we put the last one in that sewer system coming out of your department we had real concern about not having the capacity on down the line. We had to do some stuff at Franklin Road to change some things. What about Franklin Road as it starts developing, we got and I realize they are not heavy users that are going out there right now but station - Smith: They are all flowing to the west into the Black Cat sewer Bird: They all flow to the west are they doing that right now? Smith: No. Bird: What are they doing now? Smith: They will be going into Franklin Road. Bird: In the back right? Smith: Yes, correct. Bird: And as far as I now on that Black Cat Trunk we are only going to the freeway at this point. Smith: We're taking -our project is taking it to Ten Mile Road we are short of the freeway by going through the property that Eastborn develops or owns. Bird: Yeah we are going to Ten Mile and then at that point we go back up Ten Mile and then we start getting the Franklin deal thing in here. Smith: Right there is part of that that goes up Ten Mile Road. Bird: I have absolutely no problem with this as long as you and Brad are comfortable with it. But if it's going to affect somebody that is already on that line that can't be on another line then we need to take another look. I think the development that Lee has brought forward is very good. I like the R-4 situation cause we as a city moves out there it'll conform and come into it. We don't want another Kentucky Ridge sewer system. I have no problem with it but I just, after Bear Creek your department was quite concerned that we had put too much on that line. But if you are feeling comfortable now. Smith: Well I guess the whole card here is that the sewage would be held on site on their site in a holding take and it would be discharged to our system in off peak time period. That's the whole card. Otherwise we would still definitely have the same stance that we had on Bear Creek and I'm still saying this would kind of a degree of hesitation because we don't know for sure what the hydraulic impact Meridian City Pre-Council Meeting March 11, 2003 Page 18 of 25 is going to be to the system even in off period. We just got some flow information from our Waste Water Department on Bear Creek. Brad hasn't had a chance to analyze it to see what kind of impact that is having on the system right now. But we do have that information now. Bird: As long as you and Brad feel comfortable with it. I have no problems with it. I have no problems if you feel comfortable with it. If we pass something and recommend something and five months later have the staff come back and say you guys screwed up. Like we had at Bear Creek. Smith: We didn't say that Councilman. Corrie: Any other comments from Council. McCandless: Mr. Mayor. Corrie: Mrs. McCandless McCandless: At one time I know we had this concept of wanting to develop Meridian from the inside out. Not from the outside in. Which is what we would be doing with this. I'm still pretty consistent with my feeling that if we are going to develop property south of the freeway we really need to take a long look at the infrastructure and I'm not just talking about sewer and water but I'm talking about roads. I'm talking about police and fire protection. I'm talking about all that. And I don't agree with this type of concept out there at this time. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Councilwoman McCandless. This would be Ada County's Police at this point until we grew out and annexed. Then I'd hope our police department would be grown. The fire district they are already paying taxes out there a pretty healthy mill levy to the rural fire district for fire protection. That would be just more money for the rural fire district. So in my book that isn't something -that's something we should look at but it isn't a real big concern. Smith: Mayor. Corrie: Gary. Smith: I'd like to make one more comment. What Brad Watson and I were in need of is your opinion as to whether or not this is a viable request by the developer so that we could as your engineering department move forward with a hydraulic analysis of what impact this sewer system is going to have on our system and if we are going to be able to handle this. Because at this point what Meridian City Pre-Council Meeting March 11, 2003 Page 19 of 25 we have is kind of a gut feeling that initially we are not going to have an issue but how far along the development of this 152 acres are we going to get before we do have an issue even with off peak pumping. De Weerd: Mr. Mayor. Corrie: Mrs. De Weerd. De Weerd: Its sprawl. I've been trying to figure out a way to not be blunt but you know I understand that Mr. Centers needs to do something because he has an investment and he needs to do something. This is not a growth area that this Council has talked about as any kind of priority and by either pumping or anything else, its going against the policies that we have been. talking about over that last year, two years, three years and if we make exceptions here we are going to have to make exceptions every single time we might as well just change our policies and say lets open the doors and I don't care where you are in our area of impact have at it. We can't service that area. I'm more in the mind of if we are not going to be able to service that in a timely fashion we should not have it in our area of impact. And it should be allowed to grow at rural density because it would be county property then. But at this point we can not support it at an urban density its not good growth patterns, it's not what we have been telling our public through the Comprehensive Plan process through any of our ordinance discussions. Through even some of the development applications, this will be totally inconsistent to what we have been talking about in the past. Corrie: Let me asking you a question Clint. How long is your client willing to wait until we have all these studies done? Boyle: Hydrology study? Is that specifically - Corrie: The other studies (inaudible) of why we should and all that so everybody is comfortable. How long are you willing to wait? Boyle: You know that's probably a question that Lee would have to answer himself. I guess I would just bring up the point that he has been in the area of impact and the urban service planning area for 10 years. He's still in it as of the last Comprehensive Plan update he is still in the Urban Service Planning Area. Now granted Ada County adopted that in 97 again that says an area that is reasonably going to grow in 10 years and we are definitely out to those limits right now. As far as how long could he wait, he's waited quite some time already. Certainly he wants to move forward but he wants it to be something that again that the city feels comfortable with and that would be a benefit to everyone. If we are talking about a matter of weeks or a couple of months I imagine that would probably be acceptable, if we are talking a year or to two years to do the studies. That is probably not acceptable for what he is looking to do. I just might it on the sprawl issue. Obviously there has already been a lot of development within this Meridian City Pre-Council Meeting March 11, 2003 Page 20 of 25 area. There is Kentucky Ridge, Meridian Heights all of those projects have densities that are very similar to what we are proposing here and they are all right in the same section for what we are prosing this development. If you look at surrounding sections in that area there aren't that many sections south of Victory Road that have that type of urban density that has already occurred within it. Tuscany Lakes Subdivision extends as far south and you can see from this map as we are proposing here. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: You know I'm sorry but Clint I think the concept is really nice the timing just isn't and I agree with your client. If we can't serve it in that 10 years amount of time we should seriously be considering about taking it out of our area of impact because even looking at all the indicators. We are not going to get the Black Cat trunk to that area after, even within the next five or seven years from what I just heard and two wrongs do not make a right. You know none of the current Council right now we are sitting up here when -those applications came through. I can't answer to that but what we've been trying to do is really look at developing our community in a planned way that's going to benefit the community as a whole and I don't even think we are going to be benefiting your client by setting him out there, and I think it is in the middle of nowhere because its not contiguous. And that is one thing that we really showed a commitment to is growing contiguously from the inside out and not creating pockets and not creating more headaches to not only our services but also our citizens. And I don't know what direction the legislature is going to go but I'm really hesitant to create another fiasco like happens in Boise or Rexburg or Hayden Lake or anything else where I don't care how many places who put that you are going to agree to annex when you are contiguous it probably has changed hands three or four times by then and no one cares at that point they do not care that they promised when they signed that they would annex, it still will be a nightmare. And I don't think it's a policy that the city is eager to have to go through and adopt. Corrie: Okay I'm going to close this ofF real quick. Mr. nary do you have anything. Nary: Mr. Mayor I guess the only thing I would add is I think echoing the same thing Council member De Weerd and McCandless said. This just doesn't seem to fit and I think we probably need to look at taking this area out of the area of impact. I agree with Mr. Centers, I mean he has waited a long time. We have an obligation to get there we are not going to get there. It doesn't appear that we are going to be able to meet that and I just assume move that out because although I do agree with what Councilman Bird said was that its not necessarily our police and fire that are serving this area all of those people think we are Meridian City Pre-Council Meeting March 11, 2003 Page 21 of 25 responsible for the way it looks out there. It doesn't matter to them what car shows up at their house. They think its our responsibility they think its all part of Meridian its on that map that's its part of Meridian in their mind. And if we are not going to serve it and that's what I'm hearing is that I think we really need to look at that and whatever the county wants to do they can do. Corrie: Okay. Clint. Boyle: Can I just ask one final question then before we wrap up? Let me ask the Council this then. If this property were contiguous to the city would the discussion be different as far as the council's opinion. If this was contiguous to the city would the thoughts and feelings be different? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: At least for me it would be more like Tuscany Lakes, you used that as an example and it was contiguous to the city. That was why at least three of us agreed that that was worth extending to. So if it was it certainly would be worth that discussion I mean I think we still have some issues about service but I think if it was contiguous it certainly would be a little bit more to talk about. De Weerd: Mr. Mayor. Corrie: We have too many ifs going here for me and the way I'm hearing it we have three to one and that's not going to give me an opportunity to do anything but personally I think there is just too many ifs here. We got people all around that's going to want to come in and everything else so Mrs. de Weerd you can have the last word here. De Weerd: I guess I just wanted to respond to Mr. Boyle's question it would be slightly different because the access that you are talking about is off of Linder and none of the urban densities in that area is really off of Linder its more off of Victory its more off of Victory or the freeway there, I guess its just a .highway it seems like a freeway at times. But and I don't even think it would be the rural clustering idea is you know so that you can go urban when we are out there. I think there are still possibilities but its just not, we can't grow in every area of our city and that is the area that has been the last priority just because of the proximity of that sewer line and going underneath the freeway and a lot of the modeling that I think that the engineering department has already discussed. But we are a long way from serving that area. Bird: Mr. Mayor Corrie: Mr. Bird. Meridian City Pre-Council Meeting March 11, 2003 Page 22 of 25 Bird: I don't know if its three to one or not but I agree with councilman Nary. If we are not one to service it or anything lets get it out of our impact area. Let them bring Boise water in and put them in a good deal and let him be able to turn his investment over and in this economy anything that will help I'm for, the economy. So I'm like Bill if we don't want to service it and I know that is the trunk line that is the last one to be put out. Were probably 10 to 12 years from having it out there. And we can't ask some person to sit on the ground that long. We can't do that so I'm for letting them take it out of the impact area if we can't service it. Corrie: Okay. With that being sent Clint if we need further discussion we can do it later on. I've got 30 minutes more of things here so we can get back together and keep in touch of the quirks and that and let you know how we are doing here. It doesn't sound good from this point. Boyle: Okay. Thanks. 6. Discussion of ACRD Road Widening Franklin Road Project /ROW Purchase Agreement: Corrie: I would like to with Council's permission to discuss the ACHD road widening at Franklin Road and the project right of way purchase agreement since that is on the consent agenda. I'd like the council to hear that so if they have any questions after they can pull it off the consent agenda. Elroy. Huff: Mayor and Council I appreciate being able to be here. I have some handouts for you on this project. I met with the consultant with this road widening project. On that top page the blue area is the area that is affected by the road widening project. Primarily on the about middle of the page you can see the big square there that's the Meridian Chamber of Commerce. That area from just above there where the street goes into Storey Park back down to the corner at first street on that side is the area affected. The proposed area is approximately 17, 300 square feet and it does come into a little ways into the existing park land. And the second page it shows the area of take and the estimated costs involved in that based on eight dollars seventy five cents a square foot. Also met with the consultant on that issue concerning landscape restoration and things along there so we didn't have anything unfinished when that project went to work so when we were all done it would look good. We are giving up a little bit on page three if you look at the top picture you can see in the right corner right lower corner there is a sidewalk right there by that power pole. That orange or red line above that is really straight above that corner of the sidewalk. Sidewalk will continue down and go right to that red line is back of sidewalk. The red line on the far left is the permanent easement. There is a lot of work to be done there quite a bit of that area is area that was already there in a right of way developed on the right side of that fence as you look at it. The bottom picture basically shows the same thing