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HomeMy WebLinkAbout2005 12-06Meridian City Council Meeting December 6, 2005 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, December 6, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Steve Siddoway, Len Grady, Bill Musser, Joe Silva, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X__Christine Donnell X_ Charlie Rountree X Keith Bird _X_ Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, December 6. It's a little bit after 7:00. Welcome here this evening. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by Joe Brown and he's with Troop 129. Please rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Bud Henthorn, Youth Pastor at Meridian Gospel Tabernacle: De Weerd: Joe, thank you for leading us tonight and here is one of our City of Meridian pins. Thank you. Item No. 3 is our community invocation and before I introduce Pastor Bud Henthorn, who will lead us in the community invocation, I would also like to introduce him in his new role. His new role is -- we just hired him as our Ameri Corps fellow and so he's taking the title of youth programs coordinator and we appreciate and welcome Bud. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor Henthorn. Henthorn: Heavenly Father, we thank thee, first of all, for this great land in which we live and this community that you have given to us and that you have made us responsible for in some way. God, we are grateful for the vision that you have given our community leaders, a vision especially for youth, profoundly for youth. We ask, God, that you would -- that you would grant us the faith to trust you for great things for our young people. We ask, Lord God, that you would give us a vision that is equal to their Meridian City Council December 6, 2005 Page 2 of 32 energy and their potential. We ask, God, that you would bless us here tonight with your presence, with your peace, with your love and your grace, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Bud. I mean -- tomorrow you're Bud. Thank you for joining us. Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could get resolution numbers and ordinance numbers. Oh. Okay. What does the resolution start with? Berg: I'm sorry. Madam Mayor, 05-494 is resolution start. Ordinances start at 05-1203. De Weerd: Okay. Thank you, Mr. Berg. Mr. Bird. Bird: Can't read my writing now. I would move that we approve the agenda as published, with one -- in the Department Reports, it is going to be a planning and Steve Siddoway is going to update us on transportation projects -- dates for projects. Instead of the Public Works, it would be Planning and Zoning. And with that I would move we approved the revised agenda. Rountree: Second. De Weerd: Okay. Motion to approve the agenda as amended. All of those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 9, 2005 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: FPM 05-001 Request for a Final Plat Modification to remove Final Plat condition to construct a six foot fence inside Nampa Meridian Irrigation District easement for Southern Springs Subdivision No. 2 by Roger Michener and Lawrence Ross – southeast corner of Meridian Road and Overland Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 05-040 Request for a Conditional Use Permit to modify the Meridian City Council December 6, 2005 Page 3 of 32 Conditions of Approval for CUP 03-050, in order to allow the existing building at 703 North Main Street to remain and to allow a public use in the O-T zone for Farmers and Merchants State Bank by Farmers and Merchants State Bank – 703 North Main Street: D. Development Agreement: AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C-N zone by Cherry Lane Christian Church – 2511 W. Cherry Lane: E. Sewer Easement for Cherry Lane Christian Church at 2511 W. Cherry Lane: F. Permanent and Temporary Easement Contract with Cherry Lane Christian Church for Black Cat Sewer Project and Ten Mile Diversion Trunk Sewer: G. Approval of Liquor License Transfer from Epi’s A Basque Restaurant to Todd Mason dba Mason’s at 601 S. Main Street: H. Approve Wine License for Epi’s A Basque Restaurant at 1115 N. Main Street: I. Water Main Easement Agreement for Yanke Warehouse by SJL, LLC: J. Water Main Easement Agreement for Prospect Elementary School by Joint School District No. 2: K. Award of Bid for Installation of Wastewater Treatment Plant Yard Fence to Meridian Fence Co.: L. Wells 26 & 20B Control System Installation Contract by Custom Electric: M. Public Pathway Easement for the North Slough Pathway in Saguaro Canyon Subdivision by Farwest L.L.C.: N. Agreement for Professional Services for TN-C Design Guidelines with McKibben and Cooper Architects: O. Development Agreement: RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C-G zone for Walgreens by Hawkins Companies – 3150 West Cherry Lane: Meridian City Council December 6, 2005 Page 4 of 32 P. Award of Bid for Janitorial Services to Western Building Maintenance: Q. Resolution No. 05-494 : To Declare Surplus Property / Computer Equipment Donate to Meridian Girls & Boys Club: R. Sanitary Sewer Easement for Silver Oaks Subdivision by Charter Builders Inc.: De Weerd: Okay. Consent Agenda, Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which includes Resolution 05-494, to declare surplus property, computer equipment donations to Meridian Boys and Girls Club and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department – Steve Siddoway 1. Update on the ACHD Projects. De Weerd: Okay. Item 6. We will start with Steve from the planning department. Siddoway: Thank you, Madam Mayor, Members of the Council. There are two significant planning efforts going on with Ada County Highway District right now. The first is the five year work program. As you remember, in October the Council approved a prioritized list of transportation projects that was forwarded onto ACHD for their consideration while preparing the five year work program. That five year work program is moving towards its final draft. I thought it would benefit Council to have an update on that five year work program planning process and see how those projects are flushing out. I would just ask if you would like to have a pre-Council meeting set during the month of December to invite the ACHD staff to present the five year work program in its current draft. I do have a meeting tomorrow at ACHD to go over what they are calling Meridian City Council December 6, 2005 Page 5 of 32 Draft B of the five year work program and I can coordinate with them tomorrow. So, I thought I would, first of all, see if there was interest in doing so. De Weerd: Okay. Council, I would seek your direction. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Steve, I apologize, I didn't catch the first part of your presentation. Is this a time factor? Do we need to have it done by the end of the year? Siddoway: They had been planning to adopt by the 21st. I heard today that that may not -- they may be postponing that into the first part of January, but it is certainly something that will be happening within about a month, the adoption of the final plan. Now, we can have a presentation, after it's adopted, of the plan, or if you want a presentation before it's adopted, I just thought I would give the Council that option. Wardle: Thank you. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If memory serves from the clerk here, I believe that our next two meetings we do have pre-Council agendas. Next would be the AspireOn presentation, along with staff, and I believe there is one after that, so -- and I believe we have canceled the meeting in between Christmas and New Year's, so, Steve, I'm not sure we have an opening in December, but I would entertain the idea of potentially doing that in January. De Weerd: Mr. Wardle, I -- Steve, I think I will send Council a copy of the summary you first put together for the Transportation Task Force and, then, I'll also include Don's comments to each of those items. That should bring Council bring up to speed. If you have any questions or issues, we could, then, maybe put it under a department report that can at least get comment back to ACHD, if there is some, and, then, ask for the full presentation sometime in January. Does that sound feasible? Siddoway: That would be fine. Yes. And if anyone has questions or comments based on those e-mails, you're certainly welcome to forward me comments and I can carry those forward to ACHD at anytime. De Weerd: Okay. Siddoway: Would you want to set a January meeting now or would you like to wait and see how that flushes out? De Weerd: Yeah. Why don't we set it sometime later this month? Meridian City Council December 6, 2005 Page 6 of 32 Rountree: Next month. De Weerd: Yeah. Yeah. We will set that at a later date. Siddoway: Okay. The second project that's going on at ACHD right now is the Capital Improvement Plan. That is the 20 year plan and it gets updated every three years and it's also being updated right now. I spoke with Gary Inselman earlier today and we are proposing a joint workshop with ACHD and various city councils to go over the CIP itself and its relation to local land use planning decisions in January. The proposal is for the second Tuesday in January. That's January 10th, I believe at noon at ACHD, and I'm just asking are you interested in engaging with ACHD in a discussion about the CIP, the 20 year plan, and have a presentation on that and if you would like more information about what that might be, we have Gary right here. De Weerd: Council, we have a joint workshop with ACHD on the 9th. So, we could probably forego on that and just do it on the 10th or -- I don't know. Gary, do you -- where is Gary? Oh. Would you like to comment? What would be the preferred method? We already have a scheduled meeting on the 9th. Inselman: Madam Mayor, Members of the Council, this is a request of the transportation planner from the city of Boise when Steve and I were at the Compass meeting this morning, so the three of us proposed that possibly if there was interest of both councils that we could have a meeting and we would invite all of the councils of the cities within the county to come and hear a presentation from our consultant. The 9th or the 10th, it doesn't matter to me. It was the response to a request from the cities to try to get the information out there. We are also having a public information meeting Thursday night on the same issue if you're interested in coming to that. And that's starting at 4:30, with a presentation at 5:30 from our consultant. De Weerd: And that's this week? Inselman: That's correct. De Weerd: We always look for additional meetings to go to. Inselman: Especially at night. De Weerd: Council, any questions for Gary? Okay. Thanks, Gary. So, staff could give an overview on the 9th at the joint meeting or we could even get that further in the Council meeting on the 10th. Siddoway: Madam Mayor, ACHD's consultant will be in town on the 10th. They will not be here on the 9th, but there is no reason we couldn't have a presentation from staff at the joint meeting about the CIP on the 9th, if that's what you prefer. De Weerd: Any comments or preferences from Council? Meridian City Council December 6, 2005 Page 7 of 32 Rountree: That last alternative would be my preference. Just have staff give us an update on the 9th as part of our regular quarterly meeting. De Weerd: Okay. And I'm sure, Mrs. Donnell, you have strong opinions on this. Donnell: You bet. De Weerd: You won't be here. Donnell: You're talking about the 9th of January? De Weerd: Yes. Bird: No. No. We were talking about December. Rountree: Talking about Friday. De Weerd: Okay. Is the rest of the Council in agreement with that? Bird: Yeah, that's fine with me. De Weerd: Okay. Mr. Wardle? Wardle: Yes. B. Fire Department – Joe Silva 1. Presentation of Appreciation Award to SSC for Contributions to the Fire Safety Center: De Weerd: Okay. Item 6B is a presentation by the fire department. Silva: Mayor, Members of the Council, this evening we would like to honor SSC for their contributions to our community efforts in completing the construction on the first safety center for the Meridian Fire Department and the citizens of Meridian. So, with that we would like to have Steve Sedlecek and Bill Gregory come and step forward, please. We'd like to offer, on behalf of the Meridian Fire Department, this small token of our appreciation to Sanitary Services Company in recognition of valuable contributions to the Meridian Fire Safety Center in 2005. Thank you very much. Bird: Turn around so Frank can get a picture. C. Legal Department – Bill Nary Meridian City Council December 6, 2005 Page 8 of 32 1. Update on Ordinance Change to the Fence Requirements: De Weerd: Thank you, Joe. And thanks, Steve and Bill. We appreciate the partnership we have with SSC and certainly appreciated you joining us in our meeting earlier today as well, so thanks. Okay. Item 6C, Mr. Nary? Nary: Thank you, Madam Mayor, Members of the Council. On your agenda it says update of the ordinance change for the fence requirements. Is to make sure we are all on the same page. You received a letter awhile back from Mr. Swingle regarding a fence ordinance -- and now you're all nodding your head. We haven't got to the end yet. But Mr. Swingle had a pending criminal case with the city regarding a code enforcement issue regarding his fence, some arbors, a concrete block wall, and there is a variety of different issues. Some of that -- maybe all of that might be resolved by some ordinance change. In discussions with the Planning Department and code enforcement and the police chief, the Mayor and I met with Mr. Swingle last week and I believe that staff is supportive of at least going through the process and looking at some ordinance changes that might impact Mr. Swingle in a positive way and his fence would, then, become in compliance. What I told Mr. Swingle -- and I sent him a letter to this effect -- I contacted the prosecutor's office last week, asked them what their preference was, if we were going to be considering some amendments or ordinance which may make his current out-of-compliance fences in compliance. The prosecutor said it would be her preference to simply dismiss those charges at this time. She had a couple of other questions and concerns about that, which I think we resolved, but she felt that if, for example, we did not amend our ordinance and they were still out of compliance, code enforcement could, then, have that same discussion. I believe Mr. Swingle -- at least my comfort level was that if Mr. Swingle was still out of compliance after a thorough discussion of the ordinance, any possible changes -- anything -- and nothing were to occur differently than what exists today, he would probably just remove the fences as they are and life would go on. If he chose not to do that, we could always file another charge, we could take that route as well. So, it doesn't injure us or anything to simply allow that to -- that process to occur, to not go forward criminally at this time and consider that later if nothing were to change. When I spoke with Mrs. Canning from planning, she didn't have an objection to that particular thing. She said there was some issues in -- and may be something, again, in having a discussion with Mr. Swingle, that may not be incorporated into a change and -- but with this change that's being requested, I think what he was directed to do was to ask the Council to waive the fees -- the fees were approximately 800 dollars to ask for an ordinance change, which is inordinately high in a situation such as this. It does make sense in other scenarios because of the time of staff that's involved, but in this one it probably doesn't and staff -- the planning department was supportive of the Council, if they were to waive the fee and proceed with the direction to staff to go through the process to make amendments that are necessary, to evaluate the ordinance, and take it through the process, which means to go through the Planning and Zoning before it comes back to you and to also sit down with Mr. Swingle to make sure that the type of things that we are looking at -- Meridian City Council December 6, 2005 Page 9 of 32 how those impact him. Again, not to amend the ordinance just to fit his needs, but to fit the city's needs as a whole and if that impacts him in a good way, then, that's fine and if it doesn't, then, it doesn't. I guess that's a long explanation and you folks were nodding before. Is that the Council's desire? Is that direction to staff to begin the process of evaluating those ordinances in regards to the fencing, to not to charge Mr. Swingle a fee for that and to simply begin planning staff's analysis of those ordinances and, then, take that through the process? Is that what you would like us to do or if you would like us to do something different than that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That would be my preference on the deal. And I can't believe that we charge 800 dollars to change an ordinance, when we probably need to look at it anyway. That would be my preference, to have Council get this ordinance looked at. I'm sure there is some updating that needs to be done on it. De Weerd: Well -- and I think it was felt that when it was brought to our attention it was reasonable. Staff felt there could be some very positive effects from that change and so it seemed more staff level, than really citizen driven. Bird: I agree. Let's bring it forward and discuss it and do something with it and waive the fee. De Weerd: Okay. Nary: Thank you. Rountree: Madam Mayor, I concur. De Weerd: Yes. Thank you. Rountree: That's something we need to do to be consistent and let's do it from a staff level. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I agree. Mr. Nary, do you need a motion for a fee waiver? Nary: Probably for the record's sake that would be helpful, yes. Meridian City Council December 6, 2005 Page 10 of 32 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Madam Mayor, I'm sorry. I move that we accept staff's recommendation to move forward with ordinance changes and to waive the fee for the applicant. Bird: Second. De Weerd: Okay. The motion is to approve the fee waiver. Is there any further discussion? Rountree: I have none. De Weerd: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. D. Mayor’s Office 1. ACHD Neighborhood Advisory Committee Representative: De Weerd: Thank you. Item 6D is just a kind of an FYI. This is an assignment to a citizen to be placed on ACHD's neighborhood advisory committee. Wes Edwards was our neighborhood representative, in addition to Terry Smith and Steve Siddoway, and Wes had to step down. He's expecting like his seventh child or something. I don't know. A lot of kids. And he just didn't have the time anymore. He had to step off in November and we do have a replacement. Andy Wonnacott has attended the meeting just a couple weeks ago and along with Steve. I do have his resume here, if you would like to know more about Andy. But he is in place. He's met with Steve. Steve has brought him up to date as far as what the committee has been doing and some of the transportation related issues. So, we feel he will be a good advocate for our community and, again, if you would like further information, I certainly have that available for you. And I don't need any action on this item. It's just an FYI. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. We had no items moved from Item -- from the Consent Agenda. Item 8: Request for Reconsideration of Banff Subdivision Annexation / Zoning, Preliminary Plat and CUP Applications by Landworks, LLC: Meridian City Council December 6, 2005 Page 11 of 32 De Weerd: So, Item No. 8 is a request for a reconsideration. Mr. Nary, is the best way to handle those is just ask the applicant to step forward or do you want to introduce this? Nary: Madam Mayor, I could probably briefly introduce this. I know the Council's familiar with this project. You have previously denied this project. The Findings of Facts for denial are on your agenda tonight as Items 9, 10, and 11. We have had the request for reconsideration. If the Council action is to grant that reconsideration, then, you would need to set this for a hearing at a later time. If you want the applicant to incur the fees and costs of re-noticing that, you would probably include that in your motion if that was your desire. If you don't wish to grant that reconsideration, then, you could move forward to Items 9, 10, and 11 and approve those for denial, the Findings that are in front of you. Staff, from planning, may have some input after the applicant has made their pitch as to why to reconsider and what impact that may have to staff, something for you to consider in your decision as to whether or not to grant that, so I think that's probably enough intro. De Weerd: Okay. Would the applicant like to come forward. Please state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. I wasn't expecting to be able to speak tonight. Typically, at your reconsideration hearing you determine whether or not you want to do that, so I'll make my comments really brief. De Weerd: That would be appreciated. Should we set the timer? McKinnon: As I know, the only two people that can make a request for reconsideration is either the maker of the motion or the person that seconded the motion. It was a two- one split the last time we met. Councilman Rountree, you weren't present at that time. There were a few things that were discussed at that -- I believe that there may be some afterthought that took place after the meeting and just like to ask you to reconsider this motion that you made at that time, set it for a future date. We'd love to have a future date when the person who voted in favor of it, Mrs. Donnell, could be in attendance. We know that her time is short. So, that would be my request tonight. If you have any questions of me, I would be happy to answer them at this time. De Weerd: Council, any questions? Okay. McKinnon: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council December 6, 2005 Page 12 of 32 Bird: Are you going to -- De Weerd: I will ask Steve for any comments from staff. Bird: If they have got any comments and, then, I have got -- then I do have some. De Weerd: Okay. Siddoway: Madam Mayor, the only comments that I would have is that the staff report was prepared for denial originally. The Planning and Zoning Commission recommendation was for denial. So, there has not been any work done on Findings for approval. So, if you do wish to -- if you do move this for reconsideration and this moves forward with any -- to prepare Findings for approval in the future, there will be significant staff work to change the staff report in favor of the project. But I guess we are not here to discuss whether we are in favor of it or not, we are just here to decide whether to reconsider it. De Weerd: That's correct. Okay. Mr. Bird? Bird: Madam Mayor, I was one of the negatives and I wholeheartedly am happy to see them come back, because I missed something. I forgot to put in my dam in between my ears, I guess, when they were talking. So, I am, for one, for reconsidering it, if we can get a second on it. I think there is only -- the only thing that I -- part that I need testimony on is the going away of Linder entrance and exit once the property south of it is developed. And I somehow or the other missed what the applicant said, after I read the -- looked at the minutes and stuff, that's why I say, that's when I didn't put my dam in. So, that's -- I would be willing to make a motion and that we reconsider this at no cost to the applicant, to bring it back forward on January 3rd, while old business is being done. Donnell: Is that a motion? De Weerd: That was a motion. Bird: That was a motion. Donnell: Second. De Weerd: Okay. The motion is to approve the reconsideration and set this for January 3rd under old business. Mr. Berg, does that give adequate time for noticing? Okay. Is there any discussion? Donnell: I think I was going to be in Mexico during that -- I'm kidding, actually. I'd like to be in Mexico. Meridian City Council December 6, 2005 Page 13 of 32 De Weerd: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Findings of Fact and Conclusions of Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC – 675 South Linder Road: Item 10: Findings of Fact and Conclusions of Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC – 675 South Linder Road: Item 11: Findings of Fact and Conclusions of Law for Denial: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC – 675 South Linder Road: De Weerd: Okay. Thank you. So, this will be set for January 3rd. Okay. Items 9, 10, and 11, then. Mr. Nary. Nary: Madam Mayor, probably the most efficient way -- we just table those items until your January 3rd meeting as well, because, again, I don't know what your outcome of your reconsideration may be, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can I table all three at the same time? De Weerd: Yes. Bird: I would move that we table Items 9, 10, and 11 for Banff Subdivision CUP, preliminary plat, and zoning. Donnell: Second. De Weerd: Okay. The motion is to table Item 9 through 11 to January 3rd, 2006. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council December 6, 2005 Page 14 of 32 MOTION CARRIED: ALL AYES. Item 12: Request for Reconsideration of Irvine Subdivision Annexation / Zoning, Preliminary Plat and PUD Applications by Dyver Development, LLC: De Weerd: Thank you. Item 12. Does planning -- Item 12 -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Before going to Items 12, 13 and 14 and 15, I need to recuse myself. De Weerd: Okay. Thank you. Okay. Item 12 is also a request for reconsideration. I would ask the applicant to come forward. Please state your name and address. Amar: Thank you, Madam Mayor. For the record Kevin Amar. Address 36 East Pine in Meridian. Similar request as to the previous. There was some discussion after the Public Hearing was closed and I think some information that was essential to this project and we would like to present that with respect the surrounding area and the nature of the project itself, would like the opportunity to do that at a future date for this project and get some more information in at least some direction from this body. Is that short and sweet? De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Amar: Thank you. De Weerd: Okay. Thank you, Kevin. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for counsel. If we grant the request for reconsideration, at that time is there -- if there has been changes to the application made, is there an opportunity for the Council to remand that to the Planning and Zoning Commission without approving the consecutive conclusions for denial? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, absolutely. If in your reconsideration your decision is that that matter should be remanded, you can remand that. At that point you would probably rescind those actions you have taken, Meridian City Council December 6, 2005 Page 15 of 32 because the denial would not be necessary at that juncture. But, yeah, you still would have free consideration to do any of that. De Weerd: Okay. Any further questions? Okay. Do I have a motion on this item? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: After further review and discussion with staff, I would move that we approve Item No. 12, request for reconsideration of the Irvine Subdivision. Donnell: Second. De Weerd: Okay. Motion to approve the reconsideration and set it for January 3rd. Bird: January 3rd. Nary: It has to be with Mrs. Donnell present. Wardle: January 3rd, while you're still here. De Weerd: Okay. Since I asked for roll call, I will again. Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 13: Findings of Fact and Conclusions of Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5 acres from RUT to R-8 zone for Irvine Subdivision by Dyver Development, LLC – southeast corner of Ten Mile Road and Chinden Boulevard: Item 14: Findings of Fact and Conclusions of Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200 building lots and 21 common lots on 38.5 acres in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC – southeast corner of Ten Mile Road and Chinden Boulevard: Item 15: Findings of Fact and Conclusions of Law for Denial: CUP 05-039 Request for Conditional Use Permit for a Planned Development for single family detached residential units and single family attached residential units in a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC – southeast corner of Ten Mile Road and Chinden Boulevard: Meridian City Council December 6, 2005 Page 16 of 32 De Weerd: Okay. So, do I have a motion on Items 13 through 15? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we table Items 13 through 15 to January 3rd. Donnell: Second. De Weerd: Okay. Motion to approve Items 13 through 15 to be tabled to January 3rd. All those in favor say aye. Okay. Those -- did you vote? Rountree: Abstained. De Weerd: Okay. Three ayes and one abstention. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 16: FP 05-068 Request for Final Plat approval of 4 office lots and 1 common lot on 1.74 acres in a L-O zone for Newton’s Nook Subdivision by Pennwood III, LLC – south of Franklin Road and west of Meridian Road (Lot 10, Block 1 of Troutner Park Subdivision): Item 17: FP 05-069 Request for Final Plat approval of 47 single-family residential building lots and 10 common area lots on 10.15 acres in a R-8 zone for Woodburn Subdivision by Dyver Development, LLC – 870 West Ustick Road: De Weerd: Okay. Item 16 is FP 05-068 and we do have a letter agreeing to staff comments. Steve, do you have any further comment on that item? Siddoway: Madam Mayor, no. I was simply going to state that on both this item and the next one, both final plats, we have letters from the applicant saying that they agree with the conditions of approval. De Weerd: Okay. Council, do you need any further information on Item 16 or 17? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Can the motion include both items? De Weerd: Yes. Meridian City Council December 6, 2005 Page 17 of 32 Rountree: Madam Mayor, I move that we approve both Items 16, FP 05-068, and Item 17, FP 05-069. Wardle: Second. Bird: Second. De Weerd: Okay. Motion to approve Items 16 and 17. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Continued Public Hearing from November 22, 2005: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey’s Land Surveying – 2100 East Leighfield Drive: De Weerd: Item 18 is a continued Public Hearing from November 22nd on TE 05-010. I will open the Public Hearing with staff comments. Siddoway: Thank you, Madam Mayor, Members of the Council. This is a request for a time extension on the plat for Setter Cove Subdivision. Staff does not have any issues with the requested time extension and recommends approval of it. De Weerd: Okay. Council, any questions? Rountree: I have none. De Weerd: Is there any comment from the applicant? Rountree: We just haven't seen you in a long time. De Weerd: I think you just risk getting a hard time. Council, do you have any questions for the applicant? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on TE 05-010. Rountree: Second. Meridian City Council December 6, 2005 Page 18 of 32 De Weerd: Okay. Motion to close the Public Hearing on Item 18. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the request for one year time extension on Setter Cove Subdivision, which will -- extension will go to December 10th, 2006. Rountree: Second. De Weerd: Okay. Motion to approve Item 18. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: Conveyance of Real Property to Ada County Highway District for Right-of-Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: De Weerd: Okay. Item 19 is a Public Hearing on conveyance of real property to Ada County Highway District for a right of way. Who is doing this, Mr. Nary? Nary: Madam Mayor, Members of the Council, I guess no one's here particularly. This property is the property along the Settler's Park. I think you had a presentation awhile back from Mr. Strong. I think this is just the finalization of that. That's why the ordinance is there in front of you and the Public Hearing part that's required by statute. I think there is -- I think it's just waiting for -- there is a purchase and sale agreement that's attached to this ordinance that if it's all approved, then, the transfer of the property and the deed and the money can all occur. I think it's 3,000 dollars, is my recollection of the amount, in regards to this particular property. I think the improvements that were required to be done in conjunction with that payment have already been done, because they were done at the time and some other road work by the Ada County Highway District. And so the improvements along the park have been accomplished, so this is just a final stage that needs to be done. De Weerd: Okay. Nary: So, no one's here but me, I guess. Meridian City Council December 6, 2005 Page 19 of 32 De Weerd: Well, you filled in very nicely. Okay. Council, is there -- are there any questions or further information needed? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just curious what the action is, just continuing the conveyance process -- Nary: Madam Mayor, Members of the Council, Councilmember Rountree, because this is a Public Hearing, I guess there would be opportunity, if there is anyone here to comment on it. If there isn't, you could close the Public Hearing and, then, move to approve the ordinance would, then, be the next action you would take, because the ordinance has the transfer and the directions to do the purchase and sale. De Weerd: Mr. Wardle. Wardle: Madam Mayor, the clerk reminds me that this was set in motion by a resolution for the Council to bring forward an ordinance. De Weerd: Okay. It is a Public Hearing. Is there anyone who would like to provide public testimony on this item? Gary? Okay. Okay. I would entertain a motion, then, to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item No. 19. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. ______0: Conveyance of Real Property to Ada County Highway District for Right-of-Way at Meridian Settlers Park, 3401 N. Meridian Road, at Meridian and Ustick Roads: De Weerd: Okay. Any discussion? Rountree: I have none. De Weerd: Do I have a motion? Meridian City Council December 6, 2005 Page 20 of 32 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the ordinance for Item No. 20, 05-1203, for conveyance of real property. Wardle: Second. De Weerd: Do we need to read it by title? Nary: Madam Mayor, yes, as an ordinance. It does have provisions to waive the reading rules -- are contained within that, so, yes, you can go ahead and read the title only. De Weerd: Okay. Mr. Berg, will you, please, read -- Rountree: Approve upon reading title. De Weerd: Okay. I would ask for the vote after the reading of the title. Mr. Berg. Berg: Thank you. Madam Mayor, Members of the Council, Ordinance 05-1203, an ordinance authorizing the conveyance to the Ada County Highway District for a right of way proposed in certain real property located adjacent to Settlers Park at Ustick and Meridian Roads, in the City of Meridian, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the sale agreement and deed and other documents necessary to complete the transaction, providing for waiving of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, I do have a motion on the floor to approve Ordinance No. 05-1203 and a second. Is there any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC – south of East McMillan Road and west of North Eagle Road: Item 22: Public Hearing: PP 05-050 Request for Preliminary Plat approval of 48 building lots and 7 other lots in a proposed R-8 zone for Milford Creek Meridian City Council December 6, 2005 Page 21 of 32 Subdivision No. 2 by M&H Development, LLC – south of East McMillan Road and west of North Eagle Road: De Weerd: Thank you, Mr. Berg. Items 20 and 21 is Public Hearing AZ 05-047 and PP 05-050. Items 21 and 22. I will open the Public Hearing with staff comments. Siddoway: Thank you, Madam Mayor, Members of the Council. This is an application for Milford Creek Subdivision. It is located south of McMillan Road and west of Eagle Road, in the property that is outlined. You can actually see it pretty well on this aerial photo. You can see its relation to the approved project to the east. The property to the -- I'm sorry. To the west. The property to the east is actually in the City of Boise and is being developed as Milford Creek No. 1 in the city of Boise. Thus, the name of this one is Milford Creek No. 2. It is -- they are requesting approval of 48-single family residential building lots and seven other common lots in a proposed R-8 district. You can see the plat here. The gross residential density is 3.54 dwelling units per acre. The Planning and Zoning Commission recommendation -- the Commission heard the item on November 3rd, 2005, and at that Public Hearing they moved to recommend an approval to the Council. Testifying in favor of the application was Becky McKay. No one testified in opposition and no one commented. The key issues of discussion during the hearing were the open spaces that exist in the center here. You can see the layout of lots around a ring road. There is one lot that sticks into the open space right here. They also talked about the design of the trail spur which leads up into the northwest corner, which does connect into the pathway system that continues on to Settlers Bridge. There is a public street at the south of the property here and, let's see, I thought I had one other -- there is a road that will be connecting through -- through a Boise project that punches a road here in alignment with Wainwright and there is an existing street that exists in this location, just at the property's south boundary. The Planning and Zoning Commission made some minor edits, but nothing of significance. We have no additional outstanding issues at this time and would stand for any questions. De Weerd: Council, any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Steve, if you would go back to the aerial. What's the area to the northeast? Is that zoned R-8 in Boise? Siddoway: To the north and east -- I forget the name of the subdivision. I believe it's zoned R1 -- Madison Park? It is zoned R1B in the city of Boise. De Weerd: Which means? Siddoway: I'm not exactly sure. Meridian City Council December 6, 2005 Page 22 of 32 De Weerd: We will ask the applicant. Rountree: Ask the applicant. De Weerd: Any other questions at this point for staff? Rountree: And the remainder of the vacant land to the east that's in Boise, what's the zoning? Siddoway: Of the property to the east did you say? Rountree: Yes. Siddoway: One second. A combination of R1A in the majority of the property and, then, there is a piece here that says NOD and -- Nary: Design review. Madam Mayor? De Weerd: Mr. Nary. Nary: That would be -- that designation would be a neighborhood office with design review. Probably because it's adjacent to Eagle Road. Rountree: Okay. Thank you. De Weerd: Okay. Thank you, Mr. Nary. Do you know what R1 -- whatever means? Nary: I might in a minute. I'm just looking it up for you right now. De Weerd: Okay. Would the applicant like to come forward? Please state your name and address for the record. Stiles: Sheri Stiles with Engineering Solutions. 150 East Aikens in Eagle, Idaho. De Weerd: Thank you. Stiles: Thank you. Thanks, Steve, for that report. To answer your questions on the surrounding land use, the -- I will give this to Will. This will probably give you a better overall view showing the connections to -- it's Zebulon Heights that is here. Madison Park that -- Becky also designed that subdivision. It was a -- I believe the minimum lot square footage is 6,500 or 6,000. One of the two. And the density of that is equal to this. It's about three and a half units per acre. What has been approved to the east is a mixed use project in Boise city that has some office use and residential use. The units in that development or the lot square footages I believe go down to about 5,000 square feet. Meridian City Council December 6, 2005 Page 23 of 32 De Weerd: Sheri, you want to give to that Steve. Can you put that on up on the -- Stiles: There is a nursery -- there is a nursery that exits currently right here. This property we have developed in Boise city. It is an office development. This is where there will be a signal. It's at the half mile mark on Eagle Road. Ada County Highway District has negotiated additional right of way to connect from that Wainwright collector to the south to allow access. I'm not sure if it's going to allow access to Winston Moore's property, but I guess that was part of the thought process there. De Weerd: It better. Stiles: We have made some modifications at the request of staff to add -- as far as the pathway, to add another common area here and have it detached where it will go back through Zebulon Heights for the North Slough pathway. I think Becky has done a very good job with surrounding it -- I mean with fitting this in with basically everything else around it already approved for development. Wainwright will be a collector through here. Also, we had changed that. This driveway here will be shared. There is an existing home right here and because that was requested to be a collector all the way through there, the applicant has agreed to have a shared driveway with a turn around that will be shared between those two lots to minimize the accesses to that collector. And it will -- basically, it won't interfere with the new right of way going to the south. So, on the extreme east -- northeast boundary of the city's area of impact and we ask for your approval tonight and I will stand for any questions you may have. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Sheri, could you give me the pointer? Maybe one of these guys here has one. They won't let me have one. De Weerd: No. They don't give me one either. Rountree: Has nothing to do with your subdivision, but your company designed it. What's going on here? I assume that's a pathway. And, then, you're taking about a pathway here. Stiles: Yes. Rountree: That ties into it? So, is this part of the pathway as well? Stiles: That's in Boise city. The fact that the slough exists there, I guess, can make it part of the pathway, but -- De Weerd: Now you see why we only give one pointer. Meridian City Council December 6, 2005 Page 24 of 32 Rountree: It's a good thing they are not light sabers, we'd be in trouble. So, the development will connect -- and this is pathway; correct? Stiles: Yes. Rountree: And it will connect here? Stiles: Yes. Rountree: Okay. Then it comes through this development? Stiles: Yes. And it will be modified slightly from what was initially shown. At the request of staff we kind of turned it more this way. I think initially it showed it coming down there and we just kind of oriented back towards where it would be going to the collector road. Rountree: Okay. Thank you. De Weerd: Can you tell me what the goal is for that open space? Stiles: There are -- well, there will be a pathway that goes all the way from -- through it. There is some playground equipment planned. I need to find my landscape plan here. It's showing the playground with -- De Weerd: I'm sorry. Sheri, can you put it on the -- yeah. You can use the mike or the pointer. Whichever feels better. Stiles: Can everybody see it? You don't have an eight and a half by 11? It is showing playground equipment here. The open space in this development does equal 12.06 percent of the project. And the open space is 1.886 acres. So, it's a small project. The whole -- the total acreage is only 13 and a half acres and -- De Weerd: Yeah. I like that one better. Sheri, can you also address in the open space that little lot that is in the north end? Stiles: This one? De Weerd: Uh-huh. What is that? Stiles: It's another lot. De Weerd: And what is the width of that? Stiles: Oh -- De Weerd: Is that why it's an R-8? Meridian City Council December 6, 2005 Page 25 of 32 Stiles: It is 62 feet wide. It's a 6,757 square foot lot. The smallest lot size in this development is 6,210 square feet. The largest large 14,637. And the average lot size for the entire development is 8,261.88. This is not a planned development. We are requesting just compliance with the R-8 zone. It's surrounded by zones that are compatible -- I mean that's virtually the same density and -- De Weerd: What kind of housing stock is going on there? Stiles: It's market driven. I don't know. They are single family homes. Maybe your home. De Weerd: I don't think it would really fit on that. Council, any other questions? Bird: I just want a clarification. In my staff report site address and location is shown in the northeast corner of Amity Road and Locust Grove Road. I don't believe that's where this is, am I not right? Stiles: No. Bird: I just want -- I just want that clear for the record. Stiles: That's good. Thank you. Bird: Hope the people out there weren't notified on this project. De Weerd: Okay. Any other questions from Council? Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just to answer your earlier question, in the Boise city code, R1B zoning has a -- they are 9,000 square foot lots, which I think is the property north, which is Madison Park, a compatible one. The property to the east -- I think Mr. Siddoway said it was R1A. According to the Boise city code it's 20,000 square foot lots, which I assume is why they have large ones at the moment, but I don't know if there is anything built on that. If it's still R1A. I mean it could have changed since that map was prepared, so -- Stiles: I don't know if it's been rezoned, but it has -- the lots there are about 5,000 square feet that abut this property. Nary: Yeah. So, the R1A designation may have been an existing zone, it may have been rezoned since then. But that's just what R1A indicates in their city code. De Weerd: Okay. Meridian City Council December 6, 2005 Page 26 of 32 Siddoway: Madam Mayor -- and I would concur. I believe that the R1A was the zone that was on it prior to its recent redevelopment as Milford Creek Sub No. 1. It would have been rezoned with that subdivision and the maps we have just don't reflect that change yet. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Staff, any further comments? Siddoway: No, ma'am. Thank you. De Weerd: Chief, any concerns with the open space and the visibility in? Musser: Madam Mayor, Members of the Council, at this time I don't have enough information to give any other thoughts on this. It looks like a pretty straight forward plan at this point. The one lot might be a little thin and long, depending on how the driveway goes in, but it's adjacent to a common area, so fencing issues would have to apply there that we typically have on the open lot areas. De Weerd: I guess I was more -- my question was more in regards to that pathway and looking from one end to the other for safety issues. If that has enough of a straight shot that you can get a clear view into that open area. Musser: Well, Madam Mayor, hopefully, as we start connecting them and having people using the pathways and we see them more common, we will have increased patrolling in the form of bicycles or even potentially our motorcycles if they are wide enough to allow the access in there. And what we are going to be dealing with is this one kind of comes into mid -- mid location there and hooks up in with what appears to be Settlers Bridge, so we are going to have some long spans that are starting to show up now as we start to interconnect these different subdivisions. That's just going to become a matter of patrolling them over time. Hopefully, with the open access on both sides with the residents, that we get that guardian presence there through our fencing application as we move forward. De Weerd: Thank you. Stiles: Mayor de Weerd, Council, I did want to let you know that we had agreed with staff to round this lot off more to provide a better viewing area there, so it was a little more open. We are just going to tweak it a little bit and round that off there, so that that's something that staff had requested that we had agreed to. De Weerd: And what kind of fencing are you using along the open space? Stiles: Meeting city ordinance. I don't think he showed it on here, but it's what the max is. Four feet. With the alternating pickets. Is that right, Steve? Or three feet solid. Meridian City Council December 6, 2005 Page 27 of 32 Siddoway: That's what the -- requirement along the micro-path is four foot solid maximum. You may have agreed to the micro-path is fencing standard around the open space for visibility. I'm trying to check the findings from Planning and Zoning right now. Stiles: I believe they just were anticipating to comply with city ordinance. Bird: That's what Planning said. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: For clarification and for the record, the lot you're referring to is it Lot 16, Block 3? Stiles: Mayor de Weerd, Councilman Rountree, yes, I believe that is 16, Block 3. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Bird: I have none. De Weerd: Thank you, Sheri. We just haven't had you stand in front of us for so long they had to give you a hard time. Okay. If there is no further testimony -- or, yes, Steve. Siddoway: Madam Mayor, I find in the recommendation or findings that the applicant is proposing to construct a six foot tall solid fence around the perimeter and four feet open fencing along common areas. So, it's a four foot open fencing around that common area. De Weerd: Okay. Council, any further information needed? Bird: I have none, Mayor. De Weerd: Okay. Any further comment from the applicant? Okay. Thank you. Okay. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearings on Items 21 and 22, PP 05-050 and AZ 05- 047. Meridian City Council December 6, 2005 Page 28 of 32 Donnell: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 21 and 22. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 21, AZ 05-047 and to approve Findings. Donnell: Second. De Weerd: Okay. The motion is approve Item 21. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 22. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 22, PP 05-050, to include applicant's specific comments for the record and to approve the Findings. Donnell: Second. De Weerd: Okay. Motion to approve Item 22. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And do we have a notation on the change of that plat, so -- did we get a new plat on that? Siddoway: I do not know of a new plat received. You're talking about with the corner -- Meridian City Council December 6, 2005 Page 29 of 32 De Weerd: Uh-huh. Siddoway: -- rounded off? I haven't seen one. De Weerd: Okay. So just for the record to -- Siddoway: To include the grounding of that lot. De Weerd: Yes. Siddoway: Yes. Item 23: Ordinance No. 05-1204 : AZ 05-036 Request for Annexation and Zoning of 10.30 acres from RUT to a R-8 zone for Larkspur Subdivision No. 2 by Larkspur LLC – 200 and 205 East Rosalyn Court: Item 24: Ordinance No. 05-1205 : RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C-G zone for Walgreens by Hawkins Companies – 3150 West Cherry Lane: Item 25: Ordinance No. 05-1206 : AZ 05-023 Annexation and Zoning of 39.47 acres from RUT/C2 (Ada County) to C-N zone by Cherry Lane Christian Church – 2511 W. Cherry Lane: De Weerd: Thank you. Okay. Item 23 is ordinance number 05-1204. Mr. Berg -- well, ordinance 24 is 05-1205, and 25 is 05-1206. Mr. Berg, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1204, an ordinance for annexation of property located on Lots 3 and 4 Edmonds Subdivision, Book 33, page 2050, within Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate 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 to R-8 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 No. 05-1205, an ordinance finding that Idaho Conference of Seventh Day Adventists, Inc., the owner of certain lands in a certain real property, has made a request for a rezone of the zoning classification for real property located in the southwest quarter of the southwest quarter of Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho, and described in Attachment A of this ordinance Meridian City Council December 6, 2005 Page 30 of 32 and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said land from R-4 to C-G 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 No. 05-1206, an ordinance for annexation of property located on a portion of the southeast corner of Section 10, Township 3 North, Range 1 west, Boise, Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate 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 to C-N, in the Meridian City Code, providing that copies of the 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. De Weerd: Thank you. You have all heard those exciting ordinances read by title. Is there anyone who would like hear them read in their entirety? Because they are just as exciting. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1204, 05-1205, and Ordinance 05-1206, with suspension of rules. Donnell: Second. De Weerd: Okay. The motion is to approve Items 23 through 25. Rountree: Discussion? De Weerd: Yes, Mr. Rountree. Rountree: Madam Mayor, I just have to make a statement on Item 24. And I will take you back to the application and hearing on that. I still find the Walgreen's stores in that area designed and architecturally displayed as they do on every other corner in commercial sites an architectural blight to that particular neighborhood. I cannot, in good faith, vote for that ordinance. And the reason I'm making a statement, I just recently read a very interesting article statement on these chain stores and the fact that they do have an architecture. And it is the most economical for them to develop. But they also have Plan B, they have Plan C, and they plan D that if they want a store, they Meridian City Council December 6, 2005 Page 31 of 32 will utilize to be consistent with the environment in which they are putting the store. With the number Walgreen's on every corner, at some point in time when this establishment can no longer support three pharmacies within a half a block of one another, the conversion of this rather boxy over and out of scale building to some other use at that location won't happen. So, for the record -- and my opinion still stands. That if we were -- are going to approve these things in residential areas, they need to be consistent with their residential areas, similar to what we made St. Luke's do on the opposite corner from this location. Excuse me. St. Alphonsus. De Weerd: Here here. I agreed with you that night. I still do. So, Mr. Berg, I would ask, then, that you roll call on them by item. Berg: Thank you, Madam Mayor, Members of the Council. Roll call vote for Item 23. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Berg: Roll call vote on Item 24. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Berg: Roll call vote on Item 25. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345 (1) (c) & (f): De Weerd: Thank you, Mr. Berg. Item 26 is Executive Session per Idaho State Code 67-2345(1)(c) and (f). I would entertain a motion to adjourn into Executive Session. Council? Rountree: Madam Mayor, I move that we adjourn to Executive Session per state code 67-2345(1)(c) and (f). Bird: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council December 6, 2005 Page 32 of 32 MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Item 27: Tabled from November 15, 2005: Ordinance No. ____________: Transferring City Parking Lot to the Meridian Development Corporation: MEETING ADJOURNED AT 9:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTESTED:______________________________ WILLIAM G. BERG JR., CITY CLERK