Loading...
HomeMy WebLinkAbout2005 09-06Meridian City Council Meeting September 6, 2005. The regular meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, September 6, 2005, by President Shaun Wardle. Members Present: Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, Joe Silva, Len Grady, Stacy Kilchenmann, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X__ Christine Donnell ___ Charlie Rountree X Keith Bird ___ Mayor Tammy de Weerd Wardle: I would like to welcome everyone to our Tuesday, September 6th, City Council meeting here in the City of Meridian and I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No. 2 is the pledge of allegiance. I would like to invite our resident Boy Scout Dave McKinnon to, please, lead us in the pledge. Item 3: Community Invocation by Kevin Moyer, with Meridian First Baptist Church: Wardle: Item No. 3 is our community invocation. I'd like to invite Kevin Moyer with the Meridian First Baptist Church. Moyer: I do want to remember our fellow countrymen that are suffering down there in our south, so I'll take a moment for them. Our Father, our hearts are heavy tonight, because we are mindful of the sufferings of many of -- maybe they are not friends, Lord, but they are our fellow countrymen, as mentioned, and they are going through such devastating times right now. And, Lord, we pray that if there is any left to be rescued that you might guide and direct those who are doing that great work down there. Father, for those who are going to have to come along side people who have lost loved ones and who are suffering greatly, that you give them just a real ability to come along with compassion and concern and just be there for them, Lord. And I just pray that you would just help in that whole region and, Lord, help -- we think maybe sometimes our problems are tough here, but, Father, I know what we are struggling with important issues, but, Father, they are minuscule compared to what each of those cities are going Meridian City Council September 6, 2005 Page 2 of 39 to have to try to do to rebuild -- rebuild not just whole cities, but rebuild lives. Again, I pray for your help and your watch care and your mercy and kindness upon those people, Lord. And thank you that they can turn to you and that you can be a very present help to them in their time of trouble. And, Father, for the many who will be taking their lives in their hands and being in dangerous situations and many rescue operations and attempts and clean-up things and, Father, sometimes people get crazy and do things like shoot at others. I just pray that you would watch over, provide safety and protection. Now, Father, we just thank you for the great state and city in which we live. Thanks for the stability of our region. We are blessed here, Father. We give you thanks for that. And now as we undertake business tonight, that it would go well. Help us to be gracious one with another and give wisdom and discernment and decisions that need to be made and we will be careful to give you the thanks and the praise, in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, pastor, for the timely message for our community and our nation. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: Before I make the motion to approve this, could I get a resolution number and an ordinance number to start with? Wardle: Resolution number 05-488 and ordinance number 05-1177. Bird: Okay. With that, Mr. President, I would move that we -- on the agenda we will be passing on resolution 05-488 on the Consent Agenda. We would like to add -- well, I guess, we will be deleting on the Department Reports Items A and B. We would like to add an Item D. The attorney would like to discuss an item. And we will be -- in the regular agenda we will be passing ordinance -- or voting on ordinances 05-1177, 1178, 1179, and 1180. And with that I move that we approve the agenda as revised. Donnell: Second. Wardle: It's been moved and seconded to approve the agenda as amended. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of August 9, 2005 City Council Regular Meeting: Meridian City Council September 6, 2005 Page 3 of 39 B. Approve Minutes of August 16, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation – 596 East Edgar Street: D. Findings of Fact and Conclusions of Law for Approval: VAR 05-016 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer – 1524, 1608 and 1616 North Meridian Road: E. Findings of Fact and Conclusions of Law for Denial: AZ 05- 020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtyn Park by David Price – SWC of North Meridian Road and West Ustick Road: F. Development Agreement: AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC – north of Amity Road and east of South Locust Grove Road: G. Development Agreement: AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company – SWC of South Meridian Road and West Overland Road: H. Request for Funds No. 4 for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-01-SR: I. Water Main Easement Agreement for AD Development by Franklin / Stratford invest.: J. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: K. Water Main Easement Agreement for Fairview Lakes by Douglas Tamura: L. Contract for the Wastewater Treatment Plant Expansion Project Task Order No. 3 with Carollo Engineers: M. Contract for the Ten Mile Trunk Relief – Phase 1 with JUB Engineers: Meridian City Council September 6, 2005 Page 4 of 39 N. Sanitary Sewer and Water Main Easement Agreement for Paramount Subdivision No. 8 by David Turnbull: O. Sanitary Sewer and Water Main Easement Agreement for Wyndstone Place by Quasar Development: P. Change Order No. 1 (Final) for Victory and Meridian Road Water with Paul Construction: Q. Resolution No. 05-488 : Annual CPI Rate Adjustment for Solid Waste Collection Services: R. School Resource Officer Agreement between the Meridian Police Department and Meridian School District: S. Approve Bills: Wardle: Item 5 is the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have been requested by the developer to table Item C on the Consent Agenda to 9/20/05 and with that I would move that we approve the rest of the agenda, including Resolution No. 05-488 and for the President to sign and the Clerk to attest on all proper papers. Donnell: Second. Wardle: It's been moved and seconded to approve the Consent Agenda with the tabling of Item C, tabling to 9/20/05. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department – Steve Siddoway 1. Follow-up Discussion of Letter from Floyd Robinson: Request to Table to September 13, 2005 B. Parks and Recreation Department – Elroy Huff Meridian City Council September 6, 2005 Page 5 of 39 1. Award of Bid for Autumn Faire Neighborhood Park Development to Hillside Landscape Construction: Request to Table to September 13, 2005 Wardle: Thank you. Items 6-A and B, Mr. Clerk, do we need to table these to a date certain? Berg: Mr. President, they were requested to be tabled to the 13th and I think we need to do that, because they were assigned to this agenda. Wardle: Okay. I would accept a motion to table Items 6-A and B to the 13th of September. Donnell: So moved. Bird: Second. Wardle: It's been moved and seconded to table these items. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. 2. City Attorney Report. Wardle: The addition of Item B-2, City Attorney report. Mr. Nary. Nary: Mr. President, Members of the Council, I wanted to give you an update. I did send you an e-mail today, but I don't know if all of you have had the opportunity to review it. We have completed the remodeling of the Farmers and Merchants building. It came in under the authorized amount for the -- enclosing two offices and some of the other minor repairs. We had to add to the initial bid of a rear crash bar for the rear door of the building for a fire exit, so we added some additional costs to that, but still under the authorized amount. But I did talk with Mr. Morrow and he did have a walk through with our building inspector and one of the concerns is that there is not currently an ADA compliant restroom in the building. There is one restroom that can be converted into an ADA compliant restroom that would qualify and allow to have a Certificate of Occupancy. Mr. Morrow was going to get us some numbers. He anticipated the cost to be somewhere in the area of 2,500 to 3,000 dollars for that remodeling of that one restroom. It was cheaper to remodel the single restroom. There is also a double restroom in the rear of the building that's a woman's restroom, to convert that one instead would be more expensive than converting the single restroom. So, with the grand total of that we would need an additional authorization of 1,600 dollars from what you have previously authorized to complete all the remodeling needs to be able to occupy the building. Mr. Morrow today anticipated that he could order those fixtures and such to get this project moving, if that would be all right with this Council, and I'd like to go forward in that so we can get moved into the building, hopefully, within the Meridian City Council September 6, 2005 Page 6 of 39 next two weeks and get that accomplished. So, I wanted to ask you if you would be willing to authorize the additional cost expenditures. I will follow up with a written -- it will just be in addition to the contract you already have with Mr. Morrow, so I will follow up with the written estimate for you as well, as soon as I get that from him, but I'd like to proceed, so we don't delay any further moving. One other issue came to light today. One of our conditions in our lease -- oh, just so you know, in our lease it is required that we comply with all codes. This, actually, wasn't anticipated up front, but the other issue was -- is that the lease is for taxes on the building. The current taxes that are assessed on that building are assessed on the entire parcel, so Mr. Bird's going to contact the bank and try to come up with a formula to determine the portion that's attributable to just that building, versus the entire parcel. I don't think we need to pay the tax bill on the whole new building they just built, so I'm pretty sure we can find a way to sever that out. But I will update you with that one and get that, but if that other additional potential 1,600 dollar increase is acceptable to you, I just need your authorization to go forward. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would make a motion that we approve adding change order number one to our 6,000 dollar not to exceed price on our remodel over there, to change it to 7,600. Not to exceed 7,600. Donnell: Second. Wardle: Mr. Nary, is that the motion you're looking for? Nary: Yes, sir. Wardle: Okay. Mr. Berg, roll call vote, please? Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Wardle: I'm going to vote aye and I'm going to just make a quick statement that I have opposed this project in the past. However, this Council has approved the budget amendment to do the project and I feel that certainly it's important that the city comply with all of its codes and so I will vote yes on this motion to authorize the additional expenditure. Berg: And Mr. Rountree is absent. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Solid Waste Advisory Committee Meridian City Council September 6, 2005 Page 7 of 39 1. Request for Approval of Recycling Project recommended by Committee: Wardle: Item C. Solid Waste Advisory Committee. Mr. Nary, is this your item as well? Nary: Yes, Mr. President. Mr. President, Members of the Council, I am a member of the Solid Waste Advisory Committee and Councilmember Rountree is as well, but he knew he would be out of town tonight and asked me to go ahead and bring this matter forward. You have in your packet a request for additional funds out of the recycling funds for a project that was previously approved at River Valley Elementary. It was to build some picnic tables. The anticipated cost initially was around 4,000 dollars. We did authorize an expenditure by the solid waste committee that was approved by you previously for 2,000 dollars. After they received it they realized there was a lot more expense to installing these and putting them together than they anticipated, as well as the cost of anchoring the tables to the ground to, again, avoid theft. So, there was an additional cost of 300 dollars. So, they have asked for an additional 300 dollars from the recycling funds. The committee has recommended that approval. Under our current process that authorization needs to be approved by you. In our new budget that won't necessarily have to happen each time, because you have already authorized a particular line item for that, so that that can be done through the Council members -- a member of the committee can actually authorize that through an expenditure. But currently you would need to authorize that additional 300. If you have any other questions about the project I can answer that if you would like. Wardle: Thank you. Questions, Council? Bird: I have none, Mr. President. Donnell: None. Wardle: I believe that we need a motion to authorize the Solid Waste Advisory Committee to expend an additional 300 dollars. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to move that we would authorize the city to spend 300 dollars more to meet the needs of that project. Bird: Second. Wardle: It's been moved and seconded to approve the additional 300 dollars. Mr. Clerk, roll call vote. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. Meridian City Council September 6, 2005 Page 8 of 39 MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: And we certainly hope that Mr. Nary doesn't have anymore requests for money. Do we? Nary: That's all I have got tonight. Donnell: Okay. Item 7: Items Moved from Consent Agenda: Wardle: Item 7. There was one item moved from the Consent Agenda. However, it's been tabled to 9/20/05. Item 8: FP 05-055 Final Plat approval for 26 single-family residential building lots and 2 common lots on 8.73 acres in a R-4 zone for Strada Bellissima Subdivision No. 2 by Evans Construction Management – northwest corner of Victory Road and Meridian Road: Wardle: Item 8 is FP 05-055, final plat for Strada Bellissima Subdivision No. 2. Anna. Canning: President Wardle, Members of the Council, we have a letter from the applicant stating they are in agreement with the conditions of approval for this final plat and we are recommending approval. Wardle: Thank you. Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve the final plat on FP 05-055 for Strada Bellissima -- I probably butchered that -- Subdivision No. 2. Donnell: Second. Wardle: It's been moved and seconded to approve Item No. 8. Mr. Clerk, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council September 6, 2005 Page 9 of 39 Item 9: Continued Public Hearing from August 9, 2005: AZ 05-024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies – 1735 North Black Cat Road: Wardle: Thank you. Item No. 9 is a continued Public Hearing from August 9th, 2005, on AZ 05-024, annexation and zoning for the Seventh-Day Adventist Church. My recollection, Anna, is that we table this for some specific additional information. Would you like to begin or is it the attorney's office? Canning: I can do just a brief one to remind you where it is. We are located on the west side of Black Cat and it's right below the LDS Church property and you may hear that reference, so I just wanted to remind you about that. The issue in question was a 25-foot easement that straddles both the Seventh-Day Adventist Church, the north end of that property, and the 25 southern feet of the LDS Church property and how to reconcile access to the parcels that are west of this one that have the easement over the two church properties in front. With that, I will give it over to Mr. Nary for a summary of the meeting that we had on Friday. Wardle: Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. At your August 9th meeting you directed the staff to hold a joint meeting among the property owners and stakeholders in the area, including the LDS Church, ACHD, and anyone else that would like to participate. There is, obviously, a number of varying issues between the property owners to the west of the subject property, as well as to the south, predominately surrounding access and future development and the like. At that -- on your packet is a list of the people that attended the meeting on Friday at 11:00 o'clock here in the City Hall chambers. We met for approximately an hour. I wouldn't -- I wouldn't go so far as to say we had resolution. There are some issues that are still on the table. Certainly, the adjoining property owners to the rear, the Elliotts, have some concerns that they would still like to express to you as to the development of this project that I don't believe resolution was resolved. The applicant did offer some additional concessions to allow for future development by agreeing to an additional 25-foot easement on their property that could be purchased in the future for development purposes if necessary, with some other conditions, but including that it would be done -- the purchase would be at fair market value, but there would be some other conditions as to the timing of when that could get done or not get done. There was a gentleman that had an option on some of those properties to the rear, as well as to the south, but he hadn't finalized those options. So, he didn't really have -- he didn't have the ability to solve the issue. The Elliotts are still the owners of the rear property. There is some other property owners there as well. Again, some concessions were made by the applicant and that's, really, the bulk of the resolution we were able to get to. There is still outstanding issues regarding access and future development of the property and you're certainly -- I think we just continued this, so you probably would be best to hear that from the applicants. But I wanted you to know when the meeting was held and, again, the sign-up list is there in your packets. Meridian City Council September 6, 2005 Page 10 of 39 Wardle: Thank you. Mr. Nary, a point of procedure. We have heard the applicant's opening comments and received input. What is the procedure for this additional hearing? Certainly, applicant has final word, but is it the chair's prerogative to allow ten minutes to the applicant to present additional information and, then, take additional comments from the public? Nary: I think that would be appropriate, Mr. President. I think as long as you -- I think you have heard a majority of the issues and, really, all you're dealing with is the access and develop-ability of the property in the future. If you confine it to that, which is probably all you really need to hear to make this decision, I think you're fine. Wardle: Okay. Thank you. Before we have the applicant up, we will allow the applicant an additional ten minutes to present information on top of what was continued from the August 9th hearing. Any additional comments from the public will also be taken after that for a period of three minutes. Please be concise. And, then, the applicant will have the opportunity to wrap up. Council at anytime can ask for additional information. Would the applicant, please, state your name and address for the record. Vance: President and City Council, Tracy Vance with Hawkins Company, 8645 West Franklin, Boise, Idaho. Like Mr. Nary explained, I believe the only thing -- the only issue that's still outstanding at this time is just the access issue. If I can just give a little history still. There is a 25-foot easement on the property that we own right here that benefits this property, this property, and this property. There is also a 25-foot easement on the LDS property that goes -- and so there is, actually, a 50-foot easement for the benefit of these three properties. The LDS Church constructed their church five, six years ago, I'm not sure, and they encroached about 12 feet on their access. These property owners in the rear, they may or may not have lost their rights for that easement. The issue on the access issue, why it is a concern to these three parcels is if they want to develop a single family subdivision, they have one access point over here and this access would probably not be sufficient, unless they have -- what we have been told by ACHD, at least 50-foot of access where if they owned this in fee they would more than likely be able to develop it as a private road or dedicate it to the city for a public road. And when we came in front of the City Council last month, we had agreed that we would sell the 25 feet for fair market value. If we could not agree on a price, then, we had mechanisms for the fair market value. We did meet last Friday, like we were intending to, but we did -- after talking with the Seventh-Day Adventist Church we have agreed to provide an additional 25 feet at fair market value, so if the owners of these properties desire to accumulate enough property frontage -- I mean access to get back to their properties, they have the mechanism now, we are willing -- and the Seventh-Day Adventist Church is willing to sell 50 foot of access from Black Cat back to their properties. And I believe the 50-foot access is what ACHD has always said is sufficient for a public road. So, at this time I believe with the 50 feet we should -- all of these properties should have more than adequate access to develop. If they do buy the entire 50 feet of access, at that time if it's a public street, they would be able to bring in utilities, they would be able to bring in their sewer, water, gas, electric, whatever they Meridian City Council September 6, 2005 Page 11 of 39 need. The only caveat -- Mr. Nary explained that we had one condition. The only condition that we placed upon that -- the gentleman that has this property under contract and I think a portion of this property, he also has this property under contract and he stated in the meeting if he could acquire those, this access road doesn't do him a lot of -- a lot of benefit, because he would have access here and he would have access over here. The only condition we put on this obligation that we have to buy -- sell 50 feet at anytime would be if this is developed to the west and this access is more or less moot, there is no reason for it, because this has been developed with a further access, meaning there is probably single family homes throughout here, then, at that time that requirement that we'd have to sell the 50 feet would also go away, just because it would no longer be -- there is just no reason for it. And the church just didn't think that, you know, an encumbrance on their property was worth it, you know, into perpetuity. And I believe that is the only issue and if you have any questions. Wardle: Thank you, Mr. Vance. Any questions? Bird: I have none. Wardle: Thank you. I have Yvette Elliott signed up. If you will, please, state your name and address. Elliott: Yvette Elliott. 1923 North Black Cat Road, Meridian, Idaho. My property is directly west of the Seventh-Day Adventist Church. I'm also here on behalf Wanda Carson, which owns the ten acres behind us. I do appreciate that they did offer to sell us the 50 acres -- or 50 feet for the road access, but ACHD was not here at the meeting, if you will notice, and as what we understand at their current plans for the Seventh-Day Adventist Church, that they will not make -- let us use that as a public road through there, because the accesses to the LDS Church and the Seventh-Day Adventist Church and, then, there is the new development right across the street, that would be too many accesses right in that area, so those Seventh-Day Adventist plans would have to change in order for us to have public access to make that a public street back to that 15 acre parcels. And so, yes, we currently do have a contract on our property, but it's not sold and, therefore, I still own it and I'm trying to protect my rights, as well as Mrs. Carson's rights. It's zoned RUT currently and as rural transitional. If that was a subdivision, then, they would have to provide a to and through access. Changing it to L-O status would mean that they don't have to provide a to and through access, nor do they have to provide water. So, therefore, I oppose the Seventh-Day Adventist Church and -- at least until it gets resolved, the access, and we do get to meet with ACHD. I have contacted my attorney as far as the encroachment on the LDS Church and he does not feel that we are out of -- we are over our time line on getting that fence moved back on that 25 feet of access, so -- and Mrs. Carson is -- her feelings are the same as for a future development. So, any questions? Wardle: Council, any questions? Bird: Mr. President? Meridian City Council September 6, 2005 Page 12 of 39 Wardle: Mr. Bird. Bird: Mrs. Elliott, you said your attorney felt that you guys hadn't went over your limit of letting -- allowing the LDS Church to take, what, 13 feet of your right of way? Elliott: Right. Bird: Are you proceeding with getting that back into the right of way, then? Elliott: Yes. We will proceed with that, if the -- if we need that 25 feet. If the Seventh- Day Adventist Church provides a different scenario where we do have that access down there, then, we will move forward, so we can put a public street through there. Bird: But if you have got -- if you have got a right of way already of 50 feet, 25 from the north and 25 from the south, why not get that and not have to buy the extra 25? Elliott: Well -- and that's what we'd have to -- the record -- Bird: If your attorney says that it's still a deal. Elliott: Right. Right. The recommended for the LDS Church and the Seventh-Day Adventist Church to have accesses on each side to the -- it would be to the north and south and that would be one street and they would provide access there, but the LDS Church is not willing to close off their Black Cat access and so it takes two months to get through Salt Lake and through their approval process. Bird: I can understand that. Elliott: So -- Bird: Thank you. Wardle: Thank you. I have Eleanor Stafford signed up to testify. If you would, please, state your name and address for the record. Stafford: I'm Eleanor Stafford. Currently still living at 1735 North Black Cat. We have consummated our deal with Hawkins, so, officially, they really do own that property, but we are there for two more weeks until we move out. We have been there 30 years and when the LDS Church did build five or six years, whenever that was, the contractor on that project Scott Hedrick, who my husband knows very well from his construction years, and they talked many times while that was under construction. When Joe noticed that they were infringing on that 25-foot right of way on the north side, they, actually, according to my husband, took 11 feet of that 25. And my husband talked to somebody at ACHD, he didn't write the name down and I don't know who else he talked to, but Scott Hedrick said the church knew he was over, the church told him to do it, Meridian City Council September 6, 2005 Page 13 of 39 they were taking that 11 feet, and if they had to give it back at another time, they would do it. So, they knew what they did and they deliberately took it and that's what happened on that property. And, like I said, we have been out there for 30 years and that 50-foot was there when we purchased it and was there that entire time. So, I just wanted to let everybody know how that happened. And they are not willing to talk to anybody. They turned down coming to the meeting. Hawkins sent them a letter and they just disregarded it or wrote back and said, you know, we are not doing anything, and as far as they are concerned, they have that property, they are not going to give it up, so -- okay. Wardle: I have a Bob Kell signed up. Kell: Bob Kell. 1820 Mace Road, Eagle, Idaho. 83616. I have options on three of those properties. This one here, which is in question, the Carson property here, and, then, I also have this property going back to Cherry Lane. I was hoping to have this issue solved, because my intent is to put my access for a subdivision on Cherry Lane and, then, also use the access here at Turnberry Crossing. That is entirely my intent, but I don't have the property bought, so I can't say to you right now the problem is solved. So, at this point I have to tell the homeowners, landowners, protect yourself in case I die tonight and you're on your own. But, again, it's my total intention that I'm going to close on all these. Here will be my entrance. Here will be an entrance to the access through the Seventh-Day Adventist Church and next to the LDS Church. I will just give it back to them and the land will be theirs. I have no need for it. Talking to my engineer at JUB, the only sewer access that we have that is viable is this one right here and all we can get -- we can get down to about here depthwise, and we can't service this, but I still want it as an entry. It's the best entry, it will make some good common land for a subdivision, a common area, park, whatever we need to use. It's an expensive entry, but I think it's the best you one for everybody. Any questions? Wardle: Questions, Council? Donnell: No. Bird: I have none. Thank you. Wardle: Is there anyone else that would like to testify on this application? Seeing no further, would the applicant like five minutes to reply or wrap up? If you will, please, state your name and address. Hawker: Colby Hawker with Hawkins Company. Address is 8645 West Franklin Road. Just to wrap up and sum up what everybody said, we came to the meeting, you know, on last week to discuss the overall access issue out here and, again, felt that we offered what we can offer to get this thing to move forward. What we have offered to make it simple is 50 feet across this property here, so none of it is on the LDS Church, but 50 feet on our property for a future access if that property in the future is going to develop. They have the ability to come through, purchase the property at fair market value, we Meridian City Council September 6, 2005 Page 14 of 39 will get an appraisal and they can purchase the property from us, so they have an avenue to get access if they need it. We also feel like there is additional property out here that's adjacent to this report, so an access can come here. So, we just feel like what the city should be concerned about is there opportunity for this property to develop with an access at some point. We feel by providing this 50 feet that we give them an opportunity for access and there is also additional access opportunity out here. So, with that being said, we just ask for your approval this evening, so we can move forward this project for the Seventh-Day Adventist Church -- is a portion of our other project down the street where we are moving the Seventh-Day Adventist Church from -- for the Walgreens and we have got approval from the City Council already for that Walgreens development there. We'd ask that we could have this approval this evening, so we can get that church built and moved and get on with what we are planning on doing. So, if you have any questions I will take those. Otherwise, we'd just respectfully ask for your approval this evening. Bird: Mr. President? Wardle: Mr. Bird. Bird: Do you plan -- where is the existing entryway into the Staffords now? Hawker: Well, there is an existing entryway into their house on this side of the property. There, again, is access to these properties here -- Bird: That's from the dirt road. Hawker: -- through the easement that's down there right now. So, this property here is not landlocked at all. There is an access easement through here that exists and they have that right to use it. What the issue was in the future, if they try to change this to develop it, all they have is an easement for the use that they are using it for right now. Once they want to make this into some sort of private drive or something like that, they, actually, need to have fee ownership of the property. So, that's why we feel we are solving problems by giving an additional 25 feet, for a total of 50 feet, so if they choose to take access here, they have the ability to come through and do it in that 50 feet. If they don't want to use it, they don't need to use it, because they can find another access out here, then, they have the ability to do that as well. Wardle: Council, additional questions? Bird: I would like to -- there was -- something was mentioned about ACHD and we got the ACHD representative here, let's -- regarding the right of way of that road. Hawker: Number of feet, I believe, was the question? Bird: Yeah. Uh-huh. Yes. Meridian City Council September 6, 2005 Page 15 of 39 Wardle: Mr. Inselman, would you, please -- I believe the question that was addressed is -- Bird: Is 50 feet enough. Wardle: -- is 50 feet enough for a public thoroughfare. Inselman: Mr. President, Members of the Council, Gary Inselman, representing ACHD. Yes. Fifty feet is the standard right of way for a local street. Wardle: Thank you. Bird: Thank you, Gary. I have no further questions, then. Thank you. Wardle: Thank you. Hearing no further questions, I would entertain a motion to close the Public Hearing on Item No. 9. Bird: So moved. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 9. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: Other than the fact that I'd like the Seventh-Day Adventist Church to stay where it is and we could put the Walgreens store right there -- that's not an option, uh? That's closer to my home and it would be really handy. I would like to make a motion that we approve Item No. 9, AZ 05-024, request for annexation and zoning of five acres for the Seventh-Day Adventist Church. Bird: And to include all public comments? Donnell: And to include all public comments and -- Bird: Staff and applicant. Donnell: Staff and applicant -- see, he's guiding me. Staff and applicant comments. Bird: Which would include that extra 25 feet if they need to purchase it; right? Meridian City Council September 6, 2005 Page 16 of 39 Donnell: Yes. Bird: Okay. I second that. Wardle: It's been moved and seconded to approve Item No. 9 with additional comments and agreements from the applicant in regard to 25 feet of easement and the purchase of that. Mr. Clerk, we will, please, call roll -- Anna. Canning: Mr. President, I believe you will need new Findings to do that. Bird: You didn't pass the Findings. Wardle: To bring Findings forward. Canning: Thank you. Wardle: Mr. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: FY05 Budget Amendment: Wardle: Item No. 10 is Public Hearing on fiscal year 2005 budget amendment. Kilchenmann: I wasn't going re-read this. Wait a minute. I will come up there. I'm supposed to go slow for Anna. Wardle: And give us your name and title, please. Kilchenmann: Stacy Kilchenmann, finance director, the City of Meridian. Wardle: Thank you. Kilchenmann: I was not going -- the budget amendment does not include the extra 1,600 dollars for the annex, so you will be over budget, but -- I was not going to read this -- Bird: Bill donated that. Kilchenmann: Okay. That was very kind of him. We will do payroll deductions. Nary: We'll find it somewhere. Meridian City Council September 6, 2005 Page 17 of 39 Kilchenmann: So, I wasn't going to re-read this, if you don't -- unless somebody wants me to. Wardle: And, then, is it published and available on the website and also at the back table if anyone would like to review it? Kilchenmann: Yes. Bird: It was published in the Valley News Times; am I not correct? Berg: Valley Times. Bird: So, I don't see any reason why she has to go through it again. Wardle: Thank you, Stacy. Kilchenmann: Okay. Bird: Very nice job again, Stacy. Wardle: This is a Public Hearing. I would invite anyone that would like to make comment to, please, approach the podium and state their name and address. Thank you. Council, comments? Bird: I have none. But hearing none, I will move we close the Public Hearing on the fiscal year '05 budget amendment. Donnell: Second. Wardle: It's been moved and seconded to the close Public Hearing on Item 10, Fiscal Year 2005 Budget Amendment. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve the Fiscal Year 2005 Budget Amendment as published. Donnell: Second. Wardle: It's been moved and seconded to approve the Fiscal Year 2005 Budget Amendment. Mr. Clerk, will you, please, call roll. Meridian City Council September 6, 2005 Page 18 of 39 Berg: Thank you, Mr. President. I assume that also means to prepare an Ordinance to -- Bird: Yes. To prepare an Ordinance to do it. Berg: I was just thinking as that file came to your mind. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: The lawyer's let me down today. He's not giving me the information. Donnell: I want to sit by him. Item 11: Public Hearing: VAC 05-011 Request for Vacation of the ACHD alley through the center of the property in a O-T zone for Steel Ventures by Zeke Johnson – 27 East Broadway: Wardle: Item No. 11 is VAC 05-011, vacation of the ACHD alley through center of the property for Steel Ventures. I will open this with -- Canning: Mr. President, Members of the Council, as stated, this is a request to vacate the alley through the center of the creamery project. As you can see here -- as you know, the creamery facilities straddle the alley currently. The applicant would like to develop the property as a whole. Since there is no street on this side, the need for the alley doesn't seem to be there. There is a sewer main that needs to be relocated. They have bonded for that. We don't have any formal development plans proposed at this time, so I don't have any elevations to show you. The P&Z has recommended approval. There was no key issues of discussion and to our knowledge there are no outstanding issues. Wardle: Thank you, Anna. Council, questions for staff? Bird: Mr. President? Wardle: Mr. Bird. Bird: I believe, Anna, all we are approving is a letter of consent on our part to ACHD; am I not right? ACHD -- Canning: Yes. Bird: -- owns the road and has to, actually, do the vacation of it? Canning: Yes, sir. Meridian City Council September 6, 2005 Page 19 of 39 Bird: Okay. So, I have no questions, then. Wardle: Thank you. Would the applicant, please, come forward. Bird: I don't think he's here. There would be no reason to be here. Wardle: Okay. Would anyone else like to testify on Item No. 11? Mr. Bowman, if you will, please, state your name and address for the record. Bowman: Thank you, Mr. President. My name is Clair Bowman. I live at 4400 West Legacy Lane, Meridian. I'm also the Administrator for the Urban Renewal Agency for the City of Meridian. We have worked with the applicant very closely on this project. I believe approving this vacation is in the best interest, not only of the applicant, but of the city. The development that can be done on this property short term and long term is substantially more beneficial to the city, if that sewer is relocated and the alley can be treated as part of the development, rather than something to build around. That's all I have to say. Wardle: Thank you. Would anyone else like to testify on this item? Council, seeing none. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we close the Public Hearing for VAC 05-011. Donnell: Second. Bird: It's been moved and seconded to close the Public Hearing on Item 11. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve VAC 05-011 and that's a recommendation -- a letter of recommendation to ACHD on the vacation through the alley on the property at 27 East Broadway and for the attorney to draft a letter to be sent to ACHD and for the President of the Council and the clerk to attest. Donnell: Second. Meridian City Council September 6, 2005 Page 20 of 39 Wardle: It's been moved and seconded to approve a vacation request and to forward that to the Ada County Highway District. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: AZ 05-012 Request for Annexation and Zoning of 6.34 acres from RUT to R-4 zone for El Gato Subdivision by C2B Development, LLC – 701 Black Cat Road: Item 13: Public Hearing: PP 05-014 Request for Preliminary Plat approval of 17 building lots and 2 common lots on 5.89 acres in a proposed R-4 zone for El Gato Subdivision by C2B Development, LLC – 701 Black Cat Road: Item 14: Public Hearing: VAC 05-013 Request to vacate a 20-foot wide portion of ACHD right-of-way located at 701 North Black Road to be included as part of El Gato Subdivision by C2B Development – 701 North Black Cat Road: Wardle: I will open Public Hearing on Items 12, 13 and 14 for the El Gato Subdivision and begin with staff comments. Canning: Mr. President, Members of the Council, this is the El Gato project. It is located south of El Gato Lane or the extension of Pine Lane or Avenue and it's north of the Union Pacific Railroad. It gets a little confusing. You will notice that the right of way gets very wide right there and that will be an item of discussion in a moment. And, then, it's located on Black Cat. As you see, the surrounding homes are generally five acres in area. The proposal put before you tonight is -- has been reduced since it was originally proposed to the city. It's down to 11 building lots and two common lots on 5.89 acres and it's a proposed R-3 zone, instead of an R-4 zone. The gross residential density 1.86 units per acre. The P&Z has recommended approval of this project as modified, as I mentioned, and that was at their August 4th, 2005, hearing. The key issues of discussion were the design of the roadway section along Pine and El Gato and, as I mentioned, what happens is there is two public right of ways at the north end of this property and what ACHD has said is that they would require that the applicant landscape the southern most portion of the roadway, so that you only had one roadway coming in and that the developments that are further west would swing up, so that -- onto this northern road, so that they would all come in and out at the same place. There is additional right of way -- so the vacation is -- just to clarify, is not for the right of way at the northern end of the property. That will just be landscaped, but it will remain ACHD right of way. The vacation for the right of way is at the southern end of the property. At one point there was some talk that they would need some right of way along the railroad property, but is not needed, so that ACHD has suggested that the applicant could vacate the right of way in that location and that's what being proposed. The other issues of discussion were the status of the fencing and the ownership of the Meridian City Council September 6, 2005 Page 21 of 39 Perdam drain to the south of the property. The density of the area in relation to the Comprehensive Plan -- originally it was a little over three -- one unit -- three units per acre. As I mentioned now, it's down to 1.86. Dropping those six building lots made a significant difference in the density. And, then, the vacation of the unopened right of way between Perdam drain and the southern proposed lots and that's what I spoke of down there. I do have some pictures to send, so you can get an idea. This is where the roads converge before they get to Black Cat and you can see that and this is -- basically, this area right here is what will go away and this will just continue to come up to the northern road, is my understanding. I'm getting shakes of heads from the audience, so perhaps I'm wrong, but I think that's what's going on. And, then, this is at the southern end of the property. This was when Black Cat was under construction. So, this is the Perdam drain. And that would be the area for the unopened right of way. There is one -- it's not really an outstanding issue, but I just to wanted get it on the record, is that under the new Unified Development Code, which is effective the 15th of this month, there is no R-3 zoning. So, you're approving it under R-3, because that's what standards it meets now. We are basically just renaming that to R-2 under the new code, same standards, so it would still comply with all the development standards for the R-2 district, but we have let the applicant know and they have indicated that they are okay with, but just wanted to get it on the record one last time. With that, I will answer any questions you may have. Wardle: Thank you, Council. Questions for staff? Bird: I have none, Mr. President. Wardle: Would the applicant, please, come forward. State your name and address for the record. McKinnon: Thank you, Mr. President, Members of the Council. Dave McKinnon, 735 South Crosstimber. Anna did a good job explaining the project. It's just a little project, obviously. It's about 11 lots. Initially we wanted to have 17 residential lots. At our first neighborhood meeting it wasn't the easiest thing to do, because the neighbors didn't like it. They said that at the first neighborhood meeting they wanted the density reduced down to two per acre. Some of them just said nothing. Absolutely not. Met with the P&Z Commission, they said reduce it by at least three. We went one better and reduced it by six. Had another neighborhood meeting with the neighbors and some of them were happy with the reductions, from the R-4 down to an R-3 zone -- and as Anna pointed out, the R-3 zone is going away in about ten days from now when the Unified Development Code is adopted. So, it would be an R-2 zone. The Comprehensive Plan indicates this property is to be low density, which is up to three dwelling units per acre or just under that. Anna said about 1.86 dwelling units per acre. The neighbors are here tonight Tom, Kathy, and Paul behind me. I'm sure they have some things they'd like to say. I told them when I came in that we have no surprises for them. Hopefully, there is no surprises for you either. It's a small subdivision with large lots. I think it will be a good addition to the city to have some larger lots in this area and ask for your approval at this time and reserved some time for comment at the end. Meridian City Council September 6, 2005 Page 22 of 39 Wardle: Thank you. Council, questions for Mr. McKinnon? Bird: I have none. McKinnon: Thank you. Nary: Mr. President, could I just ask one question? Wardle: Sure. Nary: Mr. McKinnon, one of the things I wasn't clear in the staff report -- is that easement that you're going to landscape into, that's just a private road portion? McKinnon: Yeah. Nary: Is that a recorded easement that we need to vacate that separately or is that just a road that just seemed to evolve? McKinnon: Boy. Nary: I mean I have been out there and the road is very strange. I just wanted to make sure there wasn't a dedicated recorded easement there that we might need to vacate as well. McKinnon: Boy, that's a sticky wicket. Gary is here tonight, too. ACHD has got a representative here, too. The long and short of it, ACHD believes they own it. They would like us to do a license agreement for that piece of property, rather than vacate it. And so ACHD claims ownership of that as right of way. They claim ownership of 110 feet of right of way there. They have asked for us to do a license agreement and landscape that area, rather than vacate it. Nary: Okay. Great. Thank you. McKinnon: Thank you. Wardle: I have Kathy Fererra signed up. Please state your name and address. Fererra: My name is Kathy Fererra. My husband and I have lived at 4960 El Gato Lane for 19 years and I'm starting to feel like this building is getting real comfortable. I have been spending a lot of time in here the last six months. We have had three neighborhood meetings with the developers, three P&Z meetings, and one ACHD meeting in the last six months. I think by and large from the first neighborhood meeting when those guys should have shown up with flack jackets, we have come a long long way. We are -- we, of course, would like to see no change in our neighborhood. Everybody would like to see no change in their neighborhood. So, we are pleased that Meridian City Council September 6, 2005 Page 23 of 39 after our discussions with them and, actually, I think I almost sat down and negotiated with them and our meeting with the P&Z, that they have agreed to the plan that they have right now and -- that they have agreed to R-2 zoning. I do want to say that Dave McKinnon, your scout, and Scott Beecham from C2B development, were very patient with us. We think we were patient with them also. But we think it paid off. They were very good about the neighborhood meetings. They got easier as we went along. And I would encourage any -- anything like this that's happening in an established neighborhood, please, have neighborhood meetings. I think it's a huge huge help. But we are very pleased that it's R-2, pretty much -- well, it doesn't pretty much, but it helps keep our area in our neighborhood more of an ag environment, which is what it's always been. We will in the future continue to oppose any higher density than R-2 out in that area, for so long as we have people living there that really have no intentions of selling, as they do all the way down our street, there is no intention of people selling property. Or down Pine Lane any further. And there are -- in the future there would be issues of Pine Lane if this development went any further west along Pine Lane. And I would like to -- I really would like something clarified, because I haven't seen it show up on the map at a meeting and that is where their access from Pine Lane is going to be. If you go back to the one photograph that showed the access. Okay. Originally, people did not come up -- let me see if I can find your pointer here. When they were doing construction on Black Cat Road, this bank of mailboxes right here used to be up on Black Cat Road. They moved it down here, to this bank, which services the people who live down here on Pine Lane. This set of mailboxes is directly across the street from our driveway and, in fact, is well into the property across the street from us on El Gato Lane. In fact, there is a house in front of this fence line. There is a whole -- another five acres above this. That is our phone box right there, which already gets run over regularly by our Pine Lane neighbors. I believe where they are talking about making this access is up further. I believe it will be along the property line of the property that's just west of their development site and really would like that clarified, because that has not showed up on anything at a meeting. Canning: Mr. President, if you would like me to answer that. I think it's shown right there. And maybe the applicant can clarify if that's it. Fererra: Other than that, I have nothing else. Wardle: Thank you. We will get you clarification on that issue. Council, any questions? Bird: I have none. I have got a statement. I wanted to thank you, Mrs. Fererra, for stating what you stated about, you know, none of us like development coming into our old subdivisions. We don't like the change and stuff. But it does happen and I appreciate your attitude. Fererra: Well, we are trying to make the best of it, but I think as you go from the more heavily populated subdivisions -- now that you're coming across Black Cat Road, it's a whole different animal out there than it is on the east side. Thank you. Meridian City Council September 6, 2005 Page 24 of 39 Bird: Thank you. Wardle: I have Paul Sharratt signed. If you would, please, state your name and address. Sharratt: My name is Paul Sharratt, 5556 El Gato Lane, Meridian. I live just further down the road. We have lived there for 14 years now. There, again, as you can see by my stack of paperwork that we have working this for quite some time and I totally agree with what Kathy has said, that it has been a challenge and knowing that the sewer line has come down Black Cat now and everything is getting completed by December, you will see our faces, more than likely, again, in the future, probably within the next six months to a year, as we continue to fight further developments coming down Black Cat. The main point that I want to make is in working with the neighborhood and working with the neighbors in our -- in our neighborhood, in our developed subdivision, really, there is two different subdivisions than span the mile between Black Cat and McDermott and over the course of the year we have worked diligently a number of different times on getting not necessarily subdivisions defeated, but getting subdivisions or development more in line with what we currently have. The subdivision on the opposite end of the road in Canyon county, we worked with Canyon county and at times fought with the developer a number of different times, to where that ended up being a five acre subdivision, very similar to ours. They still -- they don't have sewer, so Canyon county has basically said, yes, it needs to be five acres and the developer developed it that way and a very nice subdivision, fits very much in with the establishment of our subdivision. As more and more subdivisions come down Black Cat and as this subdivision is began to be built out, it is our concern that the feelings -- and not necessarily even feelings, but the established subdivisions continue to be heard and that their voices not just be pushed aside for the fact that, oh, more revenue or, oh, these properties need to be developed, we want to truly understand or have you understand our feelings and our concerns that as we come down Black Cat that we hope that this becomes the model, that this is the standard, that R-2 is the standard as you come down Black Cat between Cherry Lane and Franklin. So, that we can live with R-2, because it does -- it gives us that buffer between the higher density on the east side of Black Cat and the larger acreages that we have, the five acre lots that we have. That's all I have to say. Thank you. Wardle: Thank you. Council, questions? Bird: I have none. Wardle: Tom Knoll signed up. Please state your name and address. Knoll: My name is Tom Knoll. I live at 5947 El Gato Lane. I'm neighbors with Kathy and Paul. As they have said, we have been active on these issues for some time. These and others. And I want to thank you for this opportunity to talk. We have talked about other subdivisions in the past and we will talk about this one and we will probably meet again in the future, if not here on the street somewhere. I'm speaking on the El Meridian City Council September 6, 2005 Page 25 of 39 Gato Subdivision and I just want to talk a little bit more about the Planning and Zoning recommendation that this go to R-2 zoning. As you have heard, that's important to our neighborhood. The El Gato Subdivision is the -- it's not -- I wouldn't call it the first subdivision, because the first subdivisions are the Skyview Ranchettes that are already built there and this is the first subdivision in probably 30 years that's west of Black Cat, East of McDermott, south of Cherry, and north of Franklin. And it sets a precedent for development in that area. Our neighborhood generally supports the R-2 zoning. But I want to emphasize that's general. As Dave said when he gave his developer overview, some of the neighbors support lower densities, such as R-1 or even lower. Lower than R-1. And thinking about it, if you do the arithmetic, R-2 represents a ten-fold increase in density over the existing and surrounding lots. I don't believe that ten-fold increase is consistent with the master plan, but we are willing to concede on that point, to go to R- 2. I think the master plan -- I can't remember what the ratio is, but I think it would recommend -- well, I'm sure Anna will correct me if I'm wrong. Anyway, if the entire section that's west of Black Cat, east of McDermott, south of Cherry, and north of Franklin, is developed to R-2, that will represent about 1,300 lots. I want to say that the developer C2B and such, have shown that R-2 can be profitably developed. That all the development does not have to be R-4 or R-8. That profits can be made and developers can be successful with R-2 and I think that's an important point to be remembered, too. It might just take developers that are a little more creative and a little more diligent. So, because this sets a precedent and because of the work we have done with the developers and with our neighborhood, we'd like you to adhere to the R-2 or lower zoning for this and future developments that are west of Black Cat, east of McDermott, south of Cherry, and north of Franklin. And I'd just -- I'll stand for further questions and I thank you for this opportunity. Wardle: Thank you, Mr. Knoll. Questions? Bird: I have none. Wardle: Is there anyone else that would like to testify on any of these applications? Mr. McKinnon, I believe we have a specific question from a neighbor about the entrance and, then, you may rebut as well, please. McKinnon: Thank you, Mr. President, Members of the Council. I'll just go ahead and address what Kathy was asking. It might be a little bit hard to show from here. Maybe you can just pan back and forth between the two photos. Going back to where we were. I'll start there. Thank you. I think what Kathy was asking for is when this jogs over -- what we have shown is as you come in off of Pine -- I know there is two roads. There is one on the south side and there is one on the north side and right now it's open access. One's a dirt road, one's an asphalt road. As you come in this will all be landscaped all the way across to our property line. At this property line that -- the split between the two roads can come back down. And if you can go back to that other picture. One more forward. About three. There you go. Down in this area right here. And Kathy said here is the mail boxes. Kathy, correct me if I'm inaccurate on this. The mail boxes are here. Your phone box is right here. Another -- the property line is this Meridian City Council September 6, 2005 Page 26 of 39 tree right here? Okay. Down the bottom of the 300 feet these pieces of property are about 325 feet wide each. You can go back to just the -- one more. There you go. This property is at 300 feet in depth each. Roughly it's 355, 325, I think 325 again. As you come across here, this roadway will go away at this location and, then, jog back down by the Wilder's property. This is the Wilder's property. So, it would be a little bit to the east of where the telephone box would be. So, that's the location for that. Hopefully, that answers your question, Kathy. If not, I can talk with you out in the hall. We can work that out a little bit more. The property line is where the Wilder's piece is. Is this something we can probably work out? Okay. Kathy and I can work this out in the hallway. I think it's something we can work out. Mr. President, Members of the Council, Kathy pointed out they have been very patient with us. You guys have worked with me for a long time, you know how hard it is to be patient with me. So, I'm sure they have your sympathy and especially your staff, your staff has worked very well and you have been very patient with me as well. These neighbors, it would be great to have in the City of Meridian. I know they are sitting out in the county now and some day in the future, hopefully, we will have them as good citizens of this good city. We disagree, but they are still good people. We'd ask your support tonight, ask for approval, and if you have any other questions, I would be happy to answer those, but if you have no questions for me at this time, I just ask for your approval. Rohm: Thank you. McKinnon: Thank you. Wardle: Counsel, any questions? Bird: Mr. President? Wardle: Mr. Bird. Bird: I just got a statement again. I just -- the job you did with your neighbors and stuff, looking over the minutes and stuff from when you first started this, David it is a real tribute to you and I appreciate that kind of stuff and it makes it a lot easier for us sitting up here when you guys have your meetings and get everything resolved before you come here and I know that it's taken quite a time, but it's well worth it, I think, in the end and to get down to R-2. And I don't blame those out there that they are on their five acre lot, that I wouldn't want anything more than R-3 there either, so I appreciate that. McKinnon: Thank you. Bird: Thank you, David. Wardle: Thank you. Would like to state that, typically, the City of Meridian waits for property owners to ask -- Bird: That's right. Meridian City Council September 6, 2005 Page 27 of 39 Wardle: Typically, the City of Meridian waits for property owners for ask for annexation into the City of Meridian. Would also like to state -- Bird: We never force anybody. Wardle: -- that certainly this appears to have been a good process. I thank the developer for making that a positive in the end exchange and would certainly like to think the neighborhood and the associations and the people that work diligently for expressing their opinion. And, certainly, we will see you again. So, thank you. Council, seeing no further testimony. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I would like to move to close the Public Hearing. Bird: Second. Wardle: It's been moved and seconded to close public hearings on Items 12, 13, 14. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Item number -- Bird: Mr. President, I've got one question before I make a motion. Wardle: Okay. Bird: It says R-4 on our deal, but, then, you said R-3, but, actually, we are R-2. What do we need to make the motion under, R-3 or R-2? Canning: Mr. President, Councilman Bird, R-3. It will -- the UDC will do an automatic rezoning of all R-3 properties, but we need this to be R-3 at this time. Bird: Okay. Thank you. With that, Mr. President, if you would, I would move that we approve AZ 05-012 from RUT to R-3 for the El Gato Subdivision and to incorporate all staff, applicant, and public testimony and I believe we would have to come back with revised Findings, because they -- wasn't there more lots that was approved by -- Canning: Mr. President, Councilmember Bird, the Findings should reflect the P&Z Commission's approval. So, that would be the 11 lots in the R-3 zone. Bird: Okay. Then, I would approve we -- or move that we approve the Findings, then, Meridian City Council September 6, 2005 Page 28 of 39 Donnell: Second. Wardle: It's been moved and seconded to approve Item 12 with the noted changes to R-3 zone. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. Item 13. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve PP 05-014, for 11 building lots and two common lots in an R-3 zone for El Gato Subdivision and to incorporate all staff, applicant, and public comment and to approve the Findings. Donnell: Second. Wardle: It's been moved and seconded to approve Item 13 as amended. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Canning: Mr. President, just for the record, they don't need amended. They are fine to sign tonight. Wardle: Thank you. Item 14. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move that we approve VAC 05-013, to vacate 20 feet portion of ACHD right of way located at 701 North Black Cat Road as part of El Gato and to incorporate staff, applicant, and public comment. Donnell: Second. Wardle: It's been moved and seconded to approve Item 14. Mr. Clerk, will you, please, call roll. Meridian City Council September 6, 2005 Page 29 of 39 Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: CUP 05-035 Request for detailed Conditional Use Permit approval for a proposed 4,200 square foot restaurant in a C-G zone on pad No. 3, Lot 2, Block 3, Devon Park Subdivision No. 1 for Devon Park / Fairview Lakes by Fairview Lakes, LLC – north of East Fairview Avenue between North Meridian Road and North Locust Grove Road: Wardle: Thank you. We will now open Item No. 15, Public Hearing CUP 05-035, Conditional Use Permit for Devon Park, Fairview Lakes. Open with staff comments. Canning: Thank you, Mr. President, Members of the Council. I'm going to take a brief minute to say one thing as a general comment. I'm sorry. You might have noticed that the staff reports were all a little different from one another. We are right in the process of changing over. What you will start to see is a new staff report that incorporates all the Planning and Zoning Commission actions, so that the cover letter that you normally see will -- all that information should be on the front sheet of the new staff report. So, we are still working on getting staff the reports all in the same format and it depended on when the project came into the process as to what you're seeing, so bear with us for a little while. Eventually we will get to the point where they all look the same. Wardle: Thank you, Anna. And just a note to staff that, certainly, that's helped in our review of that, to have them all standard, and I like the new format, so -- Canning: Good. And this incorporates our automated format. These are the ones where the planners can just click on a few buttons and get a lot of the general information from the project transferred from the data-base into the Word file. So, it's been fun. Donnell: Good. Canning: Okay. Onto Fairview Lakes, Devon Park. This is yet another in the series of approvals for Devon Park, Fairview Lakes. The one before you tonight is fairly straight- forward. As you know, Fairview Lakes is located on the north side of Fairview in the east -- this portion of the project is east of North Lakes Avenue, and it is a request for conditional use approval of a detailed C-U and it's for a restaurant in the area circled. This restaurant will be 4,200 square feet and it is just for this single building. I do have elevations. Then, this one shows the wall treatment, so it's shaded, so it looks different, but it the same elevation, basically. P&Z has recommended approval of this project at their August 4th, 2005, hearing. At that hearing we talked about the history of the property and, basically they have never gotten detailed conditional use approval for the area that I'm indicating here. It's toward the east end of the site. The north and east end. So, there are some remaining detailed conditional use approvals that need to be Meridian City Council September 6, 2005 Page 30 of 39 done. One of the key issues of discussion is that somewhere in this area they were supposed to provide a pedestrian amenity. We said that in past applications it gave kind of a cutoff on how much of the project could be developed before that needed to come in. Well, the next application needs to have that as basically what we -- the condition we got it. So, in the next application we will see what sort of pedestrian amenity that we will be getting in this area and we talked to the developer at the Planning and Zoning Commission and they were fine with that condition. So, that was the primary issue of discussion and to our knowledge there are no outstanding issues before Council. Wardle: Thank you, Anna. Questions for staff? Bird: I have none. Wardle: Would the applicant like to come forward and, please, state your name and address for the record? Engroff: My name is Beth Engroff. 5211 Barber Station, Boise, Idaho. We are in full agreement with the facts and findings of the staff report and are aware of the amenity and we will proposing that and determining what that will be in our next application. Wardle: Thank you. Engroff: Questions? Wardle: I have a question. I'm trying to figure out which restaurant that looks like. Maybe you could help me. Engroff: Well, unfortunately, I can't elaborate at this time. We haven't -- they haven't signed on the dotted line, so we haven't been able to disclose that. But, hopefully, within the next 45 to 60 days. But it is a local restaurant and -- Wardle: A local restaurant? Engroff: Uh-huh. Wardle: And is that stonework, then, I saw on the exterior of the building? Engroff: It is stonework. That's somewhat tied with the -- probably the restaurant, but also the development at hand. Wardle: Thank you very much. Council, additional questions? Bird: I have none. Engroff: Thank you. Meridian City Council September 6, 2005 Page 31 of 39 Wardle: Is there anyone else that would like to comment on this application? Bird: Mr. President? Wardle: Mr. Bird. Bird: Seeing nobody jumping up to come forward, I move that we close the Public Hearing on Item No. 15. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 15. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Mr. Bird. Donnell: Go ahead, Mr. Bird. I'm going to do the next one. Bird: I move that we approve CUP 05-035, with Findings and include all staff, applicant, and public testimony. Donnell: Second. Wardle: It's been moved and seconded to approve Item 15. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: VAR 05-017 Request for a Variance to exceed the 35 foot height requirement in the R-8 zone for Rocky Mountain High School by Joint School District No. 2 – 5450 North Linder Road: Wardle: Thank you. I will open Item 16, Public Hearing on VAR 05-017, a variance to exceed a height requirement for Rocky Mountain High School. I believe that's in Meridian School District; is that correct? Okay. Rocky Mountain High School. And I will open with staff comments. Canning: President Wardle, Councilmember Donnell, Councilmember Bird, this is a request for a variance to exceed the 35 foot height requirement for the R-8 zone. This is part of the Paramount Subdivision and it is for Rocky Mountain High School. One wonders when John Denver will break out and start singing. It's located at 5450 North Meridian City Council September 6, 2005 Page 32 of 39 Linder Road and the staff is recommending approval of the variance. It did feel that the Council would be able to make those findings for two particular reasons. One is that if you restricted this use, which is an allowed use in the zone, to the existing R-8 requirements, you would not be able to provide the type of facilities that are typically associated with the high school, such as gymnasiums, and that, in particular, being the most important one, and auditoriums. So, since it is an allowed use and since it is a requirement of that type of building that we felt that Council could make the findings for the variance. I think I'll leave it at that. Other than to say whenever an issue comes up like this, I think, you know, is it an error in the code. Whenever I look at a variance I wonder if we should change the code. I do look at the Unified Development Code. It would still restrict the use to the height limit in the R-8 zone. I think the difference would be if this were to come through now, I think we would look for a different zoning on it. I think we would look for a commercial zoning, which would allow a height variance -- or would allow you to exceed the height limit through a conditional use process, instead of a variance process, and I think that's what we would look at in that situation. So, these are a special use. Hard to plan for having high schools meet other development codes. They are just a unique use. So, staff is in support of the variance. And I'll answer any questions. Oh, I do have some elevations. I'm sorry. Here is the site plan and these are the elevations. You will see it's not just the length of the property. Bird: Is that a high school or a college? Canning: It's not the length of the property, it's just it -- the height does vary, so it's not one large massive view, it does -- it is variated and goes up and down. So, it's not just the full length. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would like to make a comment on what Anna said. And I agree with her for -- I'm one guy that hates CUPs, but I think in an R-8 we have to keep a height deal, not that I don't think that we can't, you know, have a variance on it, which we should. If they are property like tonight is. But I think that to save the R-8 subdivision's zoning, I think we need to keep it under a variance, anything over 35 feet on, I just -- I just think we are doing justice to residential. Now, if they are out in other zoning, then, that's something else. Wardle: Thank you. Additional questions for Anna? We'd like the applicant to come forward and provide a name and address. And comment while the elevations are up that that certainly looks much different than the Meridian School District high school that I graduated from. Daniels: Mr. President, Members of the Council, Ed Daniels, Hummel Architects, 2785 Bogus Basin Road, Boise, Idaho. This is our third high school that we have done for the Meridian School District. It -- every one of those projects that we have done so far Meridian City Council September 6, 2005 Page 33 of 39 have exceeded the 35 feet and, like Anna was describing, it's due to just the program of the facility itself, the auditorium and the gymnasium as well, and items that happen within those areas and, you know, what's required for ceiling height clearances and everything else. So, really, you know, as far as having the design, as tall as it is, it's really kind of out of our hands as far as what we can do on the design for some of those volumes. One thing I would like to point out is the higher volume spaces would be the gymnasium back over in here and, then, as well as the auditorium back in here. I'm not sure if you can maybe go to that site plan. There we go. The highest area for the building will be the auditorium complex in here and, then, the gymnasium complex back over in there. And, like she indicated, there is a lot of elevation undulation, I guess you could call it, that happens in between these two mass of buildings. Bird: Go back to the elevation for a minute. What's the open space there on the north elevation? Daniels: This space here? Bird: No. No. Daniels: Here? That's, actually, a -- the elevation as drawn, this is another portion of the building that we are not drawing, just because it's in the foreground. What it is, it is a classroom area. Bird: It's a classroom area? I was going to say, it's pretty hard to -- you're going to have to have some awful nice beams to hold that up. Daniels: Actually, this is the -- well, let me take that back. This is, actually, I believe, the administration area and it's just the volume. And, then, this is other side of the administration area and this is a commons hallway that runs through the two. So, really, the elevation is cut here and, then, it's just basically showing an outline of what they are building in the foreground. So, if you could go back to the plan. Canning: Pardon? Daniels: If you could go back to that one, please. The elevation we are showing is right through here and the portion that you see is basically a section cut through here. Bird: I see. Okay. How many square feet? Daniels: Right now it's programmed at 260,000 square feet. Bird: 260,000 square feet. Donnell: Mr. President? Wardle: Mrs. Donnell. Meridian City Council September 6, 2005 Page 34 of 39 Donnell: Ed, on the south -- or, yeah, let me use this thing. Right here. That's all platted for a subdivision, for homes along there? Daniels: Yeah. I believe in talking to Brighton Development, they have got -- if it's not already in, is to have some residential development along here. Donnell: Seminary? Daniels: I'm not sure where the seminary is. I think it's, actually, maybe going to be planned right here. This is, actually, a -- we are doing a lot of on-site water retention and so we have designated an area -- this is a school district property. We have designated this area as being a second storm water overflow space. And, then, this property is not owned by the school district. Donnell: So, that could be the seminary. So, this is going to be storm drainage? Is that all going to be landscaped? Daniels: Yes, it will be landscaped. I believe we have got landscaping that will occur around here, a little bit across this area, and, then, of course, around the whole area. So, what we have is -- it's a secondary access and what we have had problems with in the past are the soil around in this area, they don't percolate -- meaning they don't drain as well as we would like them to, and so what we have built on this project is a secondary drain access. So, in the event we have some water back up in a heavy rain, we would have some secondary overflow back over there. But it's not anticipated that there would be a lot of standing water that -- Bird: But it would be greened up, besides landscaping; right? Daniels: Right. Currently we have got grass along this, planned in this area, and, then, we have got a landscape buffer around this, as well as the remainder of the residence. Bird: Looks nice. Canning: Mr. President? Wardle: Anna. Mrs. Canning. Canning: Since we have digressed a little bit into site plan issues, the chief of police has indicated that he believes these conditions of approval regarding this, that they kind of do want to access off of Linder, other than that, the primary access was supposed to be off Cayuse, so I'd just ask the applicant to, please, contact staff regarding that and we may need to work on those entrances. Daniels: Okay. Meridian City Council September 6, 2005 Page 35 of 39 Wardle: Council, additional questions for the applicant? Bird: I got a question on that, then. What's the difference between that and the access into Mountain View? There is only one access into Mountain View. Musser: Mr. President, Members of the Council, Councilman Bird, you will have a double access there. However, the main concern we have when Paramount went in and we knew that there was a high school there and I proposed comments on that, was that the half mile mark, which is currently at Cayuse on that roadway, will be for a traffic light as the roadway area develops out. What we were trying to get away from was having additional accesses, which would encourage or allow for left-hand turns across what is going to be a three lane roadway and potentially a five lane roadway down the road. So, we were looking at two accesses only on Linder to help with that. Bird: I understand now. Thanks. Daniels: I'd like to have just one comment, if I could, on that. We have met with ACHD and due to the access into the site with students, how the buses need to work on the site to where there is no conflicts, which is the current condition we have at Mountain View High School with the single access, we have massaged the sight and, actually, the building kind of sets itself up because of this, to have the student traffic here, circulating in this area of the site, as well as the buses, which would be utilized in this area. So, the reason for the two accesses on here was to get away from the issue that we currently have out at Mountain View High School. We did meet with ACHD on this and we, actually, had a -- quite a bit different plan than what we are looking at tonight. But I can certainly work with the staff on seeing where some of the issues may currently lie. Donnell: Okay. Bird: Actually, all we are passing tonight is a variance for the height, so -- Donnell: Right. Right. Bird: Have to come in when you do your plat. Preliminary plat. Donnell: That's right. Wardle: Thank you. Additional questions? Bird: I have none. Wardle: Didn't see on the site plan room for portables, so -- Nary: Mr. President? Wardle: Mr. Nary. Meridian City Council September 6, 2005 Page 36 of 39 Nary: Just for the purposes of the record, in your packets -- and you have probably already reviewed it, but you do have an e-mail from Molly Struckman in opposition to the request for the variance. Just wanted to make sure that was noted, that you did have that with you and had the opportunity to review that. Wardle: Thank you. Council, I will open it up for any additional public testimony. We have one written piece in the record. Is there anyone else that would like to testify on this application? Hearing none, Council, I would entertain a motion to close the Public Hearing. Donnell: Mr. President? Wardle: Mrs. Donnell. Donnell: I'd like to make a motion to close the Public Hearing, please. Bird: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 16. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Donnell: Mr. President, with our apologies for not having you on the agenda at ten minutes until 8:00, which I believe the President promised, so he broke it, I didn't. I'd like to make a motion that we approve the request -- or variance 05-017, request for variance to exceed the 35-foot height requirement in an R-8 zone for Rocky Mountain High School. Bird: Second. Wardle: It's been moved and seconded to approve Item No. 16. Mr. Clerk. Berg: Thank you, Mr. President. Just to clarify, to approve the Findings of Fact and Conclusions of Law. Donnell: Yes, indeed. Thank you. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. And I will be curious to see the mascot of that. I believe I heard a suggestion of a famous singer. Meridian City Council September 6, 2005 Page 37 of 39 Bird: I heard that -- no. I heard -- what is the nickname of the school, Wendell? Have you got the mascot? What -- okay. Well, I personally had rumors -- I didn't think it was true, but I didn't know. Thank you. Donnell: No. Item 17: Ordinance No. 05-1177 : AZ 05-025 Request for Annexation and Zoning of 5.47 acres from RUT to R-4 zone for Meridian High School by Hummel Architects – 1900 West Pine Avenue: Item 18: Ordinance No. 05-1178 : AZ 05-007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC – north of Amity Road and east of South Locust Grove Road: Item 19: Ordinance No. 05-1179 : AZ 04-031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gateway by White-Leasure Development Company – SWC of South Meridian Road and West Overland Road: Item 20: Ordinance No. 05-1180 : 2005 / 2006 Fiscal Year Budget: Wardle: Items 17, 18, 19 and 20 are Ordinances 05-1177 through 05-1180. I will ask the clerk to read each of these by title only. Berg: Thank you, Mr. President, Members of the Council. Ordinance 05-1177, an ordinance for annexation of property located on a portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT, Ada County, to R-4, medium density, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 05-1178. An ordinance for annexation of property located in the southwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT, Ada County, to R- 8, medium density, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Meridian City Council September 6, 2005 Page 38 of 39 Berg: Ordinance 05-1179. An ordinance located in the north -- in the northeast quarter of the northeast quarter of Section 24, Township 3 North, Range 1 West of the Meridian -- excuse of -- of the Boise, Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and the rezoning of certain lands and territory situated in Ada County, Idaho, and within the corporate city limits of the City of Meridian and rezoning the land use zoning classification of said lands from C-2, Ada County, to C-G, Commercial General, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: And an important one. Ordinance 05-1180, an ordinance providing for a Title providing for Findings, providing for the adoption of a budget and the appropriation of expenditures of the funds of the money to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purpose and in certain amounts herein specified for the fiscal year beginning October 1st, 2005, and ending on September 30th, 2006, providing for the waiving of the second and third reading, pursuant to Idaho 50-902 and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Wardle: Thank you, Mr. Clerk. You have heard each of these items read by title only. Is there anyone that would like to hear them read in their entirety? Hearing none, I would entertain a motion on Items 17, 18, 19 and 20 to be approved with suspension of rules. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approve Ordinance 05-1177, 05-1178, 05-1179, 05-1180, with suspension of the rules. Donnell: Second. Wardle: It's been moved and seconded to approve Items 17 through 20. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Thank you. That brings us to the end of our appointed schedule at 8:35. Apologize for the five minutes late. I would entertain a motion to adjourn. Donnell: So moved. Meridian City Council September 6, 2005 Page 39 of 39 Bird: Second. Wardle: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTESTED:______________________________ WILLIAM G. BERG JR., CITY CLERK