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HomeMy WebLinkAbout2003 12-02 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 2,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: Approve Revised C. Lift Station Maintenance Agreement for Moshers Farm (CMD, Inc.): Approve D. Approve Bills: Approve 4. Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: Update 2. Update on Grants: Update 5. (Items Moved from Consent Agenda) None 6. Ordinance No. 03-1060 Ordinance 03-1046: Approve Amending the Amended Sign Meridian City Council Agenda ~Decell1ber 2,2003 Page I of2 All materials presented at public meetings shaff become property orehe City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please coo met the City Clerk's Office at 888-4433 at least 48 hours prio~ to the pubJjc meeling. 7. Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC - 1651 West Franklin Road: Not Noticed Properly - renoticed for January 13, 2004 Meeting 8. Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a CoG zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's I Starbucks I Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -O..::ccmber 2. 2003 Page 2 of 2 A111ll<Jlerials presented at public meetings shall b":collle property oflhe City of Meridian. Anyone desiring (lccommodalion for dis8bilities related to docllments and/or hearing please cont8et the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeling. Meridian City Council MeetinQ December 2. 2003. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, December 2,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cheri McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Kenny Bowers, Joe Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X X Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will go ahead and call this meeting to order, the City Council regular meeting of December 2nd. It's 7:00 o'clock and we will start with roll call attendance. Item 2: Adoption of the Agenda: De Weerd: I'm glad we are all here or present. Item number two, adoption of the agenda. Nary: Madam President? De Weerd: Mr. Nary. Nary: We had some substituted findings that were provided to us today from Mr. Nichols and his office and so I would request that we either substitute them as 3B or remove 3B to 5B, so we make sure we -- so the record is clear which findings we are approving, whichever is easier. I don't think it matters. De Weerd: Mr. Nichols, is there a preferred method, then? Nichols: Madam President, I don't think -- I have no preference. The latest draft of the findings includes the notice of final action and right to regulatory takings analysis, which was not in the previous draft, so as long as it's the one with that information in it, then, it's the correct findings. De Weerd: Okay. Nichols: Assuming that the Council agrees that what I drafted reflects your decision. Meridian City Council December 2,2003 Page 2 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: We also have noticed that Hark's Corner did not -- failed to post the property, so item seven will have to be -- I mean I realize this is just an agenda and we will have to do it when it comes -- when we come to item seven, but do we -- do we take that -- we can't continue -- do we continue or -- De Weerd: We don't even open it. Bird: We don't even open it, do we? Nichols: Madam President, members of the Council, it just doesn't get opened at all, because it's completely renoticed, republished. Bird: It will come on another agenda. De Weerd: Okay. Okay. Anything further? I would consider a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the amended agenda as stated. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. And those amendments would include item seven, continuing to -- or at least postponing to January 13th, 2004, and are we recommending doing anything on the Consent Agenda? Nary: Madam President? Bird: Well, we do that on the Consent. De Weerd: Mr. Nary. Nary: What I would simply ask -- and I could do this by motion. We could add this -- basically, substitute the findings as presented today from Mr. Nichols' office. I think these are dated -- Bird: November 10th or -- we do that wherl we get to the Consent Agenda. Right now we are just approving the agenda. Meridian City Council December 2, 2003 Page 3 and 26 Nary: You're right. I'm sorry. You're right. You're right. I'm sorry. Yeah. We can do that. De Weerd: I just wanted to know if we needed to pull it onto the regular agenda. Bird: When we do the Consent, we will -- De Weerd: Okay. Okay. All those in favor of the agenda as amended say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes of November 12, 2003 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: CUP 03- 042 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service window by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: C. Lift Station Maintenance Agreement for Moshers Farm (CMD, Inc.): D. Approve Bills: De Weerd: Item number three, consent agenda. Bird: Madam President? De Weerd: Mr. Nary. Bird: Oh, Mr. Nary. Nary: Madam President, I was just going to move that we substitute the findings as presented today by Mr. Nichols and his office for the denial of the CUP 03-042, the substitute for the findings that were originally presented. Bird: That's on item 3B? Nary: Item 3B. Yes. Bird: I second that. Meridian City Council December 2, 2003 Page 4 and 26 De Weerd: Do you wish the Council President and Clerk attest? Nary: Well, we have to approve the whole Consent Agenda. We are just moving to add the -- De Weerd: Okay. It's been moved and second to substitute the new findings for Item 3B. All those in favor say aye? Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we approve the revised Consent Agenda with item 3B being changed to the new findings and for the Council President to sign and the clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the substitute on 3B and ask the Council President to sign and Clerk attest. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Fire Department - Kenny Bowers: 1. Update on Station # 3: De Weerd: Okay. Okay. Item 4A. All right. We have some good news from the Fire Department and Kenny is here to -- and Bill. Fill us in. Bowers: Yes, we do have some good news. Madam President and City Council members, an exciting time again for the Meridian Fire Department. We have done our walk through at the Fire Station at 3545 North Locust Grove this morning with ZGA, ESI, the city and the rural, went through it and done our punch list of things that we found wrong with the building outside and inside. Of course, you always get the original -- or most of the scraped paint, the little dents here and there, dirt on the carpet in places, so we have got some of that to do. We have got some cracked concrete that they will be replacing around the building and we still got some light fixtures from the outside of the house that are -- outside of the building that are on back order. Everything else seems Meridian City Council December 2, 2003 Page 5 and 26 to be going along very well at this time. We are looking at possibly a move-in date this Saturday, moving the guys and the equipment in and, then, having a ribbon cutting later on in a couple weeks or maybe the first part of January sometime. Mr. Bird, you would be very happy with us, I believe. On our change orders this year 2,300 dollars was all of our change orders, so -- Bird: That's great. Bowers: I really appreciate that. I knew that would make you smile a little bit there. Bird: Well, I guess for the fourth one we won't expect any change orders. Bowers: No. That's the scary part. That's the scary part, so -- De Weerd: Well -- and, Kenny, 2,000 of that was just because we had taken the fence out, because the neighbor next door didn't want it and, then, he wanted it back in, so it really would have been only 300 dollars. Bowers: So, it looks real good. Madam President came out and walked through the building today with us and it was a learning experience. I had to do a punch list and she had a good time it sounded like, so it sounds like this Saturday we will be moving stuff in. So, I appreciate everything you guys have done to support us on the building. It looks very nice. It's looking good. So, I don't know if the Parks Department will like it as much, we got a lot more grass and a lot more landscaping, but it looks good. So, thank you. De Weerd: Thank you, Kenny. Bird: Madam President? De Weerd: Mr. Bird. Bird: Just to add one thing on the parks there. Now, when they need a new lawn mower, you guys are going to buy it; right? Bowers: We might have to help out. We might have to help out with all the buildings we have, so -- yep. Nary: So much for that savings on all the change orders. Bowers: Yeah. Bird: We are not going to stop here. 2. Update on Grants: Meridian City Council December 2. 2003 Page 6 and 26 De Weerd: Item number two, update on grants. Bowers: Item number two. I believe last week Madam President had mentioned discussing -- having us come tonight and discuss about our grants that we have applied for, some of them we haven't got, some of them that we are hoping to get, so I will turn this over to Deputy Chief Johnson and let him explain a little bit what we are doing. Johnson: Madam President, members of the Council, thank you for letting us speak tonight. Basically, right now the Meridian Fire Department is dealing with three grants. If I can figure out how to -- first off, we have applied for -- this last year three grants and we have been awarded the grants. The awarded amount right now is approximately standing at 166,679 dollars. De Weerd: Good job. Johnson: The first grant that we applied for was the grant from FEMA, which is the aid to Fire Departments. We got 29,238 dollars with a ten percent match and I believe that that matching funds is coming from the rural on construction and cost for the fire safe house that we are doing out on the school district property. The next one that you see there is Department of Highway Safety, we received 24,800 dollars, with a 25 percent match for some rescue equipment for auto extrication. We have been awarded the grant, but the money hasn't been freed up yet from the federal government, so we are just waiting for them to say spend the money and we, out of our equipment fund for the new engine, we do have the money for the matching funds there. The big one we got, Department of Homeland Security Preparedness Grant. This one kind of hit us by surprise last spring. They said we are going to have some money put in for your wish list on homeland security type issues. I put together a small list and the man in change of the grant program said that's too small, put in for more, so I called a couple of the firefighters and put together a grant just under 500,000 dollars. As you can see, we were awarded about 112,000. That is zero percent match. Basically, we order the equipment and we have the bill sent to the state, we keep track of it for the state for three years and, then, after three years it becomes property of the Meridian Fire Department. The equipment we are getting out of that is new self-contained breathing apparatus that meet the chemical, biological, and nuclear terrorism threats, basically allows us to upgrade some of our older equipment and also some technical rescue equipment for building collapse, trench rescue, so that we can better serve the citizens out here with all the construction we have and part of this is also going toward inter- operability, so we will be able to interface better with Boise, Nampa, and the surrounding jurisdictions and get the groundwork set in place, so when we bring in the big technical rescue team we have got the first step done. As you can see the preparedness grant has a little over 300,000 dollars pending for equipment. What they said on this grant was put in for your money, if it doesn't get awarded the first time, we are going to keep it on a list and we may award it next time and it looks like Idaho is in line again for approximately 15 millions dollars coming into the state again, which is equal to what they got last time or just a little less. So, we stand a pretty good shot of getting some more of our equipment we put in for. They also said we could edit the list, Meridian City Council December 2, 2003 Page 7 and 26 so as we get this equipment in, members of the department and I will be reevaluating the equipment and, then, just recently -- well, the benefits of our grants, number one, it will allow us to develop new programs not otherwise affordable. Our technical rescue equipment, able to purchase new equipment to meet growing needs and the one I like best there is able to keep our capital outlay budget under control without having to go out all the time and getting big purchases out of the capital outlay budget. Some of the other applications we use this for: Fire prevention programs, the fire safe house, our new equipment, and in personnel. There is a new grant program that is coming out that just got approved, is the safes grant. They have not funded it yet, but the president did sign it into law and what it is, is it's along the lines of the old cops grant that says we will pay a certain percentage of funds for police officers for the first so many years. Well, this one is on the firefighters, it's actually a five year program where they will pay a percentage tapering down for five years is the way it's worded right now and it's designed to help departments meet their staffing needs for their communities. We will learn a little bit more about that as it comes along and we will see what kind of funding it gets. The fires grant, this last year they have 750 million available to departments and as you can see again in 2004, they have budgeted another 750 million. This is where we can go for equipment or programs. This is where we got our prevention monies this last time. Each department is limited to 750,000 dollars per year in that grant program, so with a little bit of foresight and working, I'd like to go for a lot larger amount, although it's a matching funds grant based on population served. So, we hit that magic number of 50,000, it goes from a ten percent match to a 30 percent match. Then, the preparedness grant is continued funding of basically right now unknown amounts for equipment and training. But the buzz word out of Washington is it's -- that's the forefront of the monies coming from homeland security, it's going to be big time dollars going to the local responders and, then, EMS grants from the state for various programs and training. These are a lot of smaller grants and we just need to look at and see which ones will actually benefit. One of them is a reporting -- you can get grants for getting computer software for reporting, stuff like that, so we are going to have to evaluate and see where we are at on that for those grants. Deadlines for applications. They tend to vary, but with like the fires grant, it opens up like the 1st of March and by the first part of April it's closed, so we got basically a short time frame to fill out the application and get it submitted, get all of our documentation. So, that's where we are at on these and all these other grants that I have been looking at, they get announced and it's like within the next six weeks you got to have all your stuff in. So, that's a challenge that's going to be facing us for the grants. That's where we are at with our grants right now. Do you have any questions for me? De Weerd: Thank you, Bill. No, you have done an absolutely fantastic job. Kenny and Joe, I think that we -- what kind of turned us around the corner is we got some assistance from Butch Otter's office and they connected us with a contact over at FEMA in Seattle and gave us some ideas and suggestions on how -- what we should have in the grants that we write and that grant we received -- and that was kind of the first of many other successful attempts and so that's great news for the Fire Department. I think, Bill, that personnel grant, that's going to come on line about the time we are planning on station four, isn't it? Meridian City Council December 2, 2003 Page 8 and 26 Johnson: They are actually looking at funding next fall for the first round of that. So, yeah, for Station Four it will be there and what they are looking at is the first year will be a 90 percent match -- the first year will be like a 90 percent, they will pick up, the second year 75, and, then, it tapers down to the last year being like percent. Then, we have to guarantee we will keep the people on it for one year, but for communities that are growing, that will definitely help us budget for it anyway and get the personnel. De Weerd: That's fantastic. Any questions, Council? Comments? Bird: Madam President? De Weerd: Mr. Bird. Bird: Bill, on this personnel thing, when you hire new people, it takes care of -- it should take care of your overtime and that will pay for your matching funds, in my book. Johnson: I think it will start to greatly diminish and especially with the opening of Station Four, cutting down our needs for extra personnel coming back when we have the structure fires and stuff in town, yes. Bird: Yeah. Okay. De Weerd: Thank you. Anything further? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess I would just echo the comments you have already made. I think it's great, chief, and, Bill, as to how the department has really found those and I'd continue to do that, so I think it's great. De Weerd: Yes. Thank you. I know Bill gets a lot of help from the firefighters and I think you have a volunteer that also assists in that. Johnson: Yeah. I have got -- there is -- the support we get from the troops down below has just been astronomical. They want to push for it, because they want the equipment and the training to be able to do their jobs, so -- De Weerd: Well, please extend our thanks to them as well. Johnson: I will. Thank you. Item 5: (Items Moved from Consent Agenda) Meridian City Council December 2, 2003 Page 9 and 26 De Weerd: Thank you. Thanks, Kenny. Okay. Moving on, we did not move any item from the Consent Agenda. Item 6: Ordinance No. Ordinance 03-1046: Amending the Amended Sign De Weerd: So, we will go to item number six, which is Ordinance No. 03-1060, amending the amended sign ordinance 03-1046. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President, members of the Council. Ordinance No. 03-1060, an ordinance of the City of Meridian amending Section 5.1 reader boards, of Chapter 14 of Title 11 of Meridian City Code to provide additional language on manual signs within this section, providing for conflicts, validity, a savings clause, and providing an effective date. De Weerd: Thank you. You have heard this Ordinance 03-1060 by title only. Is there anyone that would like to hear it read in its entirety? Okay. Hearing none -- Nary: Madam President? De Weerd: Mr. Nary. Nary: I just had a question. Since we passed this sign ordinance and we haven't had a discussion about this, which I don't have any problem with this, I guess I'm just curious, was this somehow left out of the original or was there some tweaking of language that was missed earlier or -- Nichols: Madam President, members of the Council, this is just a scrivener's error. It was in the -- it was in the draft that was discussed and, then, when we brought it forward in final form somehow it got dropped. So, we -- staff caught that right away and we wanted to make sure we got it back from you and got it back in. Nary: Great. Thank you. De Weerd: And that was the item that we had continued for just that one particular Item. Bird: Madam President? De Weerd: Okay. Mr. Bird. Bird: I move that we pass Ordinance 03-1060, the amending of the amended sign Ordinance 03-1046, with suspension of rules. McCandless: Second. Meridian City Council December 2, 2003 Page 10 and 26 De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1060, with suspension of rules. Mr. Berg, will you call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 7: Public Hearing: CUP 03-049 Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center by L&J Capital Ventures, LLC -1651 West Franklin Road: De Weerd: Item seven is null and void. Is that right? We don't need to take any action on it. Item 8: Public Hearing: CUP 03-051 Request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a CoG zone for Starbucks by Wenco, Inc. - northeast corner of South Meridian Road and East Corporate Drive: De Weerd: Okay. We will move to item eight, a Public Hearing for CUP 03-051, request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a CoG zone for Starbucks and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this -- De Weerd: And, excuse me, Anna. I will open item number nine as well, the CUP 03- 05 -- no. They are different. Sorry. Powell: Madam President, members of the Council, this is a Conditional Use Permit for a portion of the property. The entire site is -- goes from Main Street to Meridian Road and, then, also has frontage along Corporate Drive. You can see the Wendy's building, which is currently on the site and you can see the pad as it's constructed currently. It's a little blurry. We are not used to zooming in quite this far for you on the aerials, but you can see the detail there and staff has provided some photos of the existing landscaping buffer. The focus on the landscape buffer is because at the Planning and Zoning Commission that was pretty much the entire topic of conversation. The applicant's representative Bill Ray Strite testified in favor of the application and, as you know, he is here tonight as well. No members of the public testified with any concerns regarding the application and, as I mentioned before, the key item of discussion was the landscape buffer. As proposed along Meridian Road, they are currently proposing a 25 foot landscape buffer, but ten feet of that are within the ACHD right of way. This is how it has been forwarded to you for recommendation from the Planning and Zoning Commission. That is how the applicant originally proposed it with the application. To Meridian City Council December 2, 2003 Page 11 and 26 summarize the long discussion that went on at Planning and Zoning Commission, when Wendy's was approved, the landscape buffer was put in for the entire property. The 25 feet was put in. Originally, they had thought that that 25 feet would be on their property, but as time progressed it became evident that ACHD was going to take an additional ten feet of landscaping, but it was still approved at the time of the Wendy's application for just the 25 feet, 10 feet of that being within the right of way. So, it is as planted and that is how it came forward to you from the Planning and Zoning Commission. So, that was the only item of concern. This is the building. The drive-thru wraps around in this fashion. Almost all of the site is developed, as you can see from the aerial photograph, I think all they are doing is adding these four parking lots -- or parking spaces, excuse me, out in front, but the rest of the site is developed and with that I will take any questions that you may have. De Weerd: Council, any question? Bird: Madam President? De Weerd: Mr. Bird. Bird: Anna -- and I will wait -- I'll probably have to get this answer from Billy Ray, but how are they going to enter the drive-thru? You can't -- you're not going to come in off of Meridian Road, are you? You're going to have to come in off of Corporate and come around of way. Powell: Well-- Bird: That's an awful tight turn if you're going to come in -- Powell: You probably -- unless you had a little Honda Civic or something, wouldn't be able to make that, but you could come around this way and we did talk to them -- they could come around that way, so there is a little room. This isn't a big landscape island in the middle there that exists. Bird: Thank you. Powell: Those coffee drinkers, they will do anything to get their coffee. Bird: We will question Mr. Strite when he gets up here. De Weerd: Any other questions for staff? Okay. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Strite: It is. De Weerd: Thank you. Please state your name and address. Meridian City Council December 2, 2003 Page 12 and 26 Strite: Madam Mayor, members of the Council, Bill Ray Strite,1 01 0 Allante, Boise, Idaho. I think staff pretty spelled it out. It was our anticipation at the beginning -- and keep in mind this project was approved after Ada County Highway District had already determined they were going to take that ten feet, so the line that's delineated there -- and it's -- maybe I can do this without shaking and, then, maybe I can't. Do you think somebody is going to steal this or what? This line right here delineates the ten foot setback and that has been shown on every plan that was submitted to date, so we anticipated the ten foot take and our reasoning was this: The project to the north and the project to the south both were approved prior to the enactment of the ordinance. The project to the south -- and, Anna, if you could, if you could just flip those photos back on -- the project to the south has roughly 15 feet and, as a matter of fact, when the ten foot take is done -- I'm not trying to suggest that two wrongs make a right. But what I'm suggesting is that when this was approved, we matched the landscaping to the south side and, subsequently, the project to the north, which was done by Rick Thomas, and I have it before me and before as you well, a landscape bond for 15 foot of landscaping on the north side, so both sides adjacent to this site have always had 15 feet long-term, knowing that the 25 that was approved would be losing ten feet if and when Ada County Highway District does, in fact, make their improvements. Now, I can suggest to you that this particular subdivision was recorded and at the time of recording they did give up the ten feet. So, Ada County Highway District now owns the ten feet of site on Wendy's site and that, again, would be from the backside of the sidewalk, if you will -- oh, that's good. Yeah. From the property line to the dotted line there, they now own that by virtue of the recorded subdivision. In discussing this with Ada County Highway District -- and I think that this Council knows better than I, the one-way couplet __ we don't know at what point they are going to take that, but, certainly, there is no doubt in my mind that that will be a take and at that point you will have 15 feet, which would be consistent with both the north and south sides. Now, if I might respond to Councilman Bird's question. We have a cross-access with Rick Thomas to the north. We will be submitting week, I believe, for a two building setup on the project to the north, which is referred to a Merchant's Plaza. There is a cross-access to the north and I guess I'm like Anna, these people that want coffee can actually come in from either East 1st or they can come in from Gem Street, go south -- come south down to our parcel, go west, if you will, and, then, to the drive-thru, and/or come up Corporate Drive, make the turn to north, and, then, back to the west. Certainly, there was no intent on our part to -- I don't even think a bicycle could make that turn coming off of Meridian Road. There was no attempt to try to get traffic to come in from Meridian Road and try to make a u-turn and if it's something that Council deems necessary, I think we could sign it appropriately that there is no u-turn or -- I think it's going to be rather obvious, quite frankly. All the improvements already being in, the only thing that we are changing and changed on this site plan, which may not be in your packet -- and correct me if I'm wrong -- that was the changing of the trash enclosure. We did have the trash enclosure in the northwest corner, if you will, and in talking to Bill over at SSC, they wanted to move it to the east, if you will, so they would have a direct shot for the trash people, they can come in off of Corporate, go west, turn directly north, and go directly to the trash enclosure and with that I will open it up for any discussion. Meridian City Council December 2, 2003 Page 13 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: I don't have a question, Billy already answered mine, but I'll make him a bet that the first person that comes in here is going to come in from Meridian Street and try to make that u-turn. Nary: In a Suburban. Bird: In a Suburban. Strite: I probably wouldn't take that bet, but they better know how to put it in reverse, because it will take -- with a Suburban it may take two or three turns. De Weerd: Which might cause some accidents. Is there any way you could just shut that entrance off? Bird: Sign it or something. Strite: Well, I think -- as I said, I think we are prepared to sign it. That entry, obviously, is quite important for the entire project and there may be some way to sign that. To me that seems probably the more appropriate way to do it. Although, I'm not certain that most people even look at signs if they are in a hurry, but I don't think it's that awkward. Looking at the traffic pattern today -- of course, what you see out there today is certainly different than what we are proposing tonight, but according to the traffic numbers from Wendy's, something like 85 percent of the traffic is now coming off of Corporate Drive, which my guess is going to remain pretty much the same, because this is what they refer to as their freeway user and a lot of the traffic is coming off the freeway, which would, naturally, take you to corporate drive and, then, in from the -- from the south. De Weerd: But not for Starbucks. Starbucks you're going to get the morning commute that are coming from Meridian Road and that's the direction they are going to come from. Strite: Madam Mayor, I was about to go into that. However, having said all that, you're absolutely correct, I think this is more of a localized unit and I think it probably will be equally trafficked from possibly all four sides. My guess is that as soon as the Merchant's Plaza is submitted -- and we are going through CZC, incidentally, we are not entitled to a conditional use, so we will be moving on with that and anticipate starting that in March. That would allow you to come in from the north and/or -- well, from the north and the west by coming down Meridian Road, turning into the existing access that was approved for Merchant's Plaza, which lines up with the access to East 1st and allow you to turn south and come in that way, and I think that once people understand that, I think it's going to be rather obvious that that's the way they are going to have to get in there or they are going to spend part of the time moving this way. Meridian City Council December 2, 2003 Page 14 and 26 Bird: Madam President? De Weerd: Mr. Bird. Bird: Yeah. Billy, I agree with you, I would hesitate to doubt what Wendy's are saying, 85 percent, but I know coming off the freeway -- and I think most of the people that live west of Meridian Road come down Meridian Road coming home, at least I do, and going. I think the signage will work. I think it definitely has to be signed. Somehow people have got to realize to get to Starbucks -- they can get there, but they are not going to be able to make that sharp there and just a sign there saying that, because they can come on around and, then, turn to the west, instead of turning to the east to go into Wendy's. So, I think signage, in my thoughts, will work. At least we can give it a try because you're not going to stop incoming traffic off of Meridian Road. Strite: No. I totally agree, Madam Mayor, Councilman Bird. I guess there is another alternative -- it's probably not a great deal of help, but I believe that the dimension from the back side of the northerly parking aisle to that planter is 30 feet and the city only requires 25, which means we could do a little bulbous thing right between here and -- boy, I'm shaking. I must be awfully nervous. Between the backside of this parking space and this curb face right now is at 30 feet. The city only requires 25. So, I suspect what one could do is they could come in here and bulbous this out, bring it north, and wrap it around, but I still don't believe that an additional five feet is going to allow-- Bird: No. Strite: -- an automobile with a 25 foot radius to make that u-turn. So, I guess what I would propose is that we attempt to do it by signage. Nary: Madam President? De Weerd: Mr. Nary. Nary: I really do like this design that Mr. Strite has, because I think -- I think we don't want to encourage a lot of the traffic to simply jet in here -- you know, they certainly could have made this more open, but what's going to happen is that probably is going to spill into the road. So, I think this is, actually, a lot better design to do it this way. I agree this turn is going to be tight, I think Mr. Bird is right, that signing that is probably the best way to deal with that, but you really want the people to use this entrance. We have a nice street here, we really want this to really be the access point. This is supposed to be a no right turn -- or no left turn only, although I have sat behind a person turning to the left there. It's supposed to be a right turn only and that and so, you know, you really -- you know, evening coming up this way to the freeway, you really would -- I think would prefer people coming this direction. You know, I like that the drive-thru wraps around the building, it doesn't go through the walking area, so people can enter safely. I don't think you want to make it more inviting to people coming from Meridian Meridian City Council December 2, 2003 Page 15 and 26 Road in that direction. I think you really want them to kind of go that way. So, I think Mr. Strite's really hit on a real good design here. I think it's real good. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree, too. I don't -- I'd just soon not have anything coming off of -- that you could turn coming off of Meridian Road, but I just made the statement and somebody will try it. Nary: Oh, sure. Bird: But you have got to put -- I think signage will do it great. You know, even if you have -- even if you come off of Meridian Road -- and I know for one I stop quite a few times there at Wendy's and I come off of Meridian Road. But if I can just come down here and come around and go around, it's not problem. I think we just need to make sure signage that's it's a no right-hand turn there at the end of the deal. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Strite, just for clarification, the Planning Commission, this is the plan that they saw? Or was the trash enclosure modified between then and now in this plan? Strite: Madam Mayor, Mr. Nichols, this is the site plan that the Planning and Zoning Commission saw. Nichols: Okay. Strite: I just believe that in your packet we have been -- all along we had the trash enclosure relocated and it wasn't until after I talked to the Sanitary folks that we relocated, but I believe this is, in fact, the site plan that they have seen. Nichols: Thank you. De Weerd: Is there any further questions? Bird: I have none. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council December 2, 2003 Page 16 and 26 Nary: Just so I'm clear, Mr. Strite. I think I understood what you were saying, but what, basically, you're saying is that -- although the staff is recommending the wider landscape in this area, what you're saying is that this landscaping on this -- I guess the western boundary will basically match the landscaping that's all the way around this site or is this one a little bit different on the Wendy's side? Strite: Madam Mayor, Councilman Nary, if you will recall, this thing had three street frontages, both of which occurred on a, quote, entry corridor. So, what we did is we asked for and received an alternative landscape plan, because we were stuck with 35 feet, if you will, on East 1 st, we were stuck with 20 feet on -- excuse me. Twenty feet. I believe it was, along Corporate Drive, and it suggested we put in 25 feet along Meridian Road until such time as it was developed, because we knew that both the north and south -- south sides were already deemed to 15 feet and it seemed a little inconsistent to be weaving it in and out. So, the back side, as you just mentioned -- I'll call it the west side -- the east side of the existing landscaping that you see there now is exactly the same location as it was at the time of submittal for Wendy's, which is the current face of the present drive-thru presenting tonight. De Weerd: Okay. Nothing further? Bird: I have none. De Weerd: Okay. Thank you. Strite: Thank you. De Weerd: Is there anyone else who would like to testify on this application? Anything further from staff? Powell: No, ma'am. De Weerd: Thank you. Council, this Public Hearing is still open. Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no more comments, I would move that we close the Public Hearing for CUP 03-051. McCandless: Second. De Weerd: It's been moved and seconded to close the Public Hearing on item number eight. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 2, 2003 Page 17 and 26 De Weerd: Any discussion on this item? Okay. I would consider a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve CUP 03-051, request for a Conditional Use Permit for a coffee shop with auxiliary drive-thru in a CoG zone for Startbucks by Wenco, Incorporated, northeast corner of south Meridian Road and East Corporate Drive and to incorporate all staff, Planning and Zoning, and applicant comments, public testimony comments, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Mr. Bird, does that include signage on the -- Bird: That was part of the applicant's testimony. De Weerd: Okay. It's been moved and seconded to approve CUP 03-051 to include all staff comments and testimony. Mr. Berg. Nary: Madam President, could I ask one more thing before you take the vote? De Weerd: Uh-huh. Nary: I'm assuming, Mr. Bird, what you meant is to allow that -- including the landscape to include the right of way -- Bird: Yes. Just-- Nary: Because the staff had recommended differently, but that's what I thought you meant to say. Bird: Absolutely. That's what I had -- that's what we had testified up here and -- Nary: Okay. I would concur with that as well. Thank you. De Weerd: Okay. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird. yea. MOTION CARRIED: ALL AYES. Meridian City Council December 2,2003 Page 18 and 26 Item 9: Public Hearing: CUP 03-052 Request for a Conditional Use Permit to construct three buildings for Wendy's / Starbucks I Kinkos with auxiliary drive thrus and a 6,500 square foot retail pad in a I-L zone by Wenco, Inc. - northwest corner of North Eagle Road and East Florence Street: De Weerd: Okay. Item nine is a Public Hearing on CUP 03-052, request for a Conditional Use Permit to construct three buildings for a Wendy's, Starbucks, Kinko's with auxiliary drive-thrus and a 6,500 square foot retail pad in an I-L zone by Wenco, Inc., and open the Public Hearing with staff comments. Powell: Madam President, members of the Council, this proposed site is on Florence Street and Eagle Road, just south of the Krispy Kreme's property, which has the two lots immediately north of it. There is currently nothing developed on this site. The Primary Health building is down here and, as you know, Krispy Kreme is up there. This is the proposed layout. There are three structures. This is an undisclosed pad at this point and I believe this is the Starbucks and this is the Wendy's. This is showing how the Krispy Kreme site relates to it. The orientation has shifted to get more on there. Okay. At the Planning and Zoning Commission, the bulk of the testimony was on the timing of the final plat for this project and so let me explain that a little bit. They have submitted a request for three buildings on what is currently one lot. The staff report was written for a detailed plan -- Conditional Use Permit for a detailed planned unit development, because they had more than one building on the lot. The Planning and Zoning Commission worked with staff and the applicant to kind of adjust the findings to assume that there would be a final plat. There is a preliminary plat approved, but to approve u assuming that a final plat would be submitted on the property and there was testimony that that plat would be into our offices. We all thought it would be here already. The representative for the final plat has said he will be submitting it Friday. So, there is -- there is, however, a condition of approval that specifically says that until that final plat is in place, that they will only submit one building application on this lot. So, there is kind of a lingering question about the planned development, but the condition of approval that says you can only have one building permit, should take care of that until that final plat is submitted and approved. That was all of the conversation at the Planning and Zoning Commission hearing. So, they worked through a number of conditions of approval related to that. The applicant has revised the site plan prior to the Planning and Zoning Commission to address most of the staff's concerns. There is one -- if my arrow will come up. The Fire Department had asked for a 25 -- or 20 foot drive aisle along in this location here as kind of an emergency access. The southern portion of the Krispy Kreme site has not been developed, so this is currently vacant, so this would leave this site with only the one entrance off of Florence Street. So, the Fire Department did ask for a 20 foot driveway -- drive surface in this location and the applicant has agreed to do that. That would be open so cars could go down it as well, it just gives them another opportunity to exit the site and, really, that was the -- there was one letter submitted by Yellow Transportation, Inc., after the Planning and Zoning Commission hearing. They did not testify at the hearing, it was submitted subsequent to that. It's dated November 26th and it is opposing the proposed planned development and, as I said, we originally accepted this as a planned development, but it is in Meridian City Council December 2, 2003 Page 19 and 26 opposition to that based on the increased traffic congestion that would come with the project and with that I will address any questions you may have. De Weerd: Council, any questions? Nary: Madam President? De Weerd: Mr. Nary. Nary: It's hard for me to read these on this site plan, but you said this is the -- and Mr. Strite, I guess, can answer this, too, but this is the Starbucks here, this is the Wendy's here, is this the Kinko's there? Or -- because this says future building, so -- where is the Kinko's at? And maybe Mr. Strite would be the easiest one, but I just couldn't tell from this. Powell: It's -- two uses share this building, so that's the Kinko's there and this is the Starbucks. Nary: Oh, I see. Powell: And this is the Wendy's here. I did not make that clear, I'm sorry. Nary: Okay. Thank you. Sorry. De Weerd: Okay. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Strite: It is. De Weerd: Thank you. Strite: Madam Mayor and Council, Billy Ray Strite, 1010 Allante, Boise. I'm here on behalf of Wenco in support of the -- we will call it the Wendy's, Kinko's, Starbucks application, if you will, and as I discussed with Anna prior to the hearing, we have absolutely no problem with a condition stating that only one building permit would be issued until such time as the plat is recorded. We had expected our consultant to have submit that plat long before now. It's a three lot subdivision, if you will. You can probably see the lots. One lot line comes up like this, breaks over here, which is the Wendy's site, one lot line up here, which is the Kinko's Starbucks site and this site right here, if you will, each one being self parked, is the third site. They informed me also today that that would be submitted by Friday. If I understand the procedure correctly, by the time we complete the Starbucks building, we should be completed with the plat. We have an obligation to start the Starbucks before March, have them in before August, so my guess is that knowing that kind of timing, even as long as the process is for platting, I'm quite certain that it will be completed, but we are prepared to have the condition state that only one building application or building permit and certificate of occupancy Meridian City Council December 2, 2003 Page 20 and 26 would be issued on the single lot until such time as it is duly recorded. As to the Fire Department access, I have an approval from Mr. Silva. I met with him. We are going to put in an all surface gravel access right up to here. This is paved north if you will. At this particular point in time we are dealing with three or four users that are occurring between the Krispy Kreme and this site. We haven't got anything signed yet, so in order to allow them access out without having to provide a temporary turnaround, Joe Silva and I came up with the idea -- anyway, he came up with it and we certainly agreed, that we would just provide this access out here. It will be an all-weather surface capable of 70,000 pounds. However, it will be temporary. The third item, I had not heard about the letter from Yellow Front, but I will suggest to the Council that this entire application was approved two years ago with 26 lots on it. This particular site had four lots on it and I don't believe -- at least to my recollection, I don't believe they were here to testify at that point either and I will also suggest to you that the access off of Florence Street, which I assume is their main concern, was approved by Ada County Highway District and was shown and approved at the time Primary Health was done. So, they have had probably four, possibly five opportunities to comment and I'm kind of surprised, I didn't receive a letter, so -- with that I will open it up for any questions you might have. De Weerd: I guess I have one on circulation. You know, these are compatible uses, because, generally, your traffic patterns occur at different times for the two drive-thrus, but what is the circulation on this drive-thrus? Are they meeting in the middle as they -- as one comes out and the othefcomes in? Strite: Madam Mayor, that's this location right here. One is coming out and there is a no enter sign here, one is coming in, and it refers to a drive-thru sign. This dimension right here is 35 feet, which is capable of three cars, if you will, bypass lane, which could be stripped if you think that's necessary. We did leave an additional distance between here and here with that very idea. Wendy's, as you know, does not serve breakfast -- I'm not going to suggest that that might not happen at some point in time, but I don't think that their hours are conflicting in that respect. Now, contrary to that, I suspect coffee lovers to be there at noon, at which time there would be considerable conflict in terms of number of cars, but I think the distance here, along with the signage provided by Wendy's for no -- do not enter here and a sign here drive-thru, would prevent that. And, again, if you feel that it's necessary, we could stripe a line here, which would guide, if you will, this automobile out this direction. Nary: Madam President? De Weerd: Mr. Nary. Nary: Is that 35 feet too narrow, Mr. Strike, to put some type of narrow curbing through there, rather than just striping? Because that's the only -- I guess that's the only concern I could see is just that, having people misreading or misunderstanding where the drive-thrus are and attempting to drive through this way, now having to back out of there, getting kind of tight in there. At least if you had a curbing -- and, again, I don't Meridian City Council December 2, 2003 Page 21 and 26 know if there is enough -- adequate room, because, then, you would have a backup problem here, maybe, for these parking spaces, but is it not wide enough for that? Strite: Madam Mayor, Councilman Nary, I think, right, it is too narrow for that right now, because, again, the city requires 25 feet from this point to this point, that would not leave you a full drive aisle. I could suggest, however, although Wendy's might be a little concerned with losing a parking space, that we have something like 18 feet in here for landscaping. We could cut that short, if you will, take this radius a little shorter, if you understand what I mean. Bring it back in here, lose one parking space, and, then, continue that planter down if you think that that's necessary. I mean I may get in an argument with Wendy's based on their parking requirements, but since there is cross- parking throughout, my question is that that would not become a major issue, because once some of this stuff is developed, there is going to be more parking than anybody needs, quite frankly. But I mean if that seems reasonable, this could be cut short and brought over like this, drop down another nine feet, if you will, one parking space, and this planter extended out like that and it would be something similar to what you see at what Wendy's is there today with Blimpie's. Bird: Madam President? De Weerd: Mr. Bird. Bird: Billy, I believe that's a real good solution myself. I'm like these guys, I have a real concern with that, if we could come down, and, then, I'm -- like Councilman Nary, I think we need to have some kind of a permanent fixture curbing or something up there and also I would like to make a statement now that that future third building in that thing, don't come in with drive-thru. I think that that is -- seeing how you have to come in for CUP's, we may as well get it up front now, I would have a hard time in that small area of passing another drive-thru and I would just as soon put that condition on it right now, let everybody know, so we don't go out and try to find on client that has a drive-thru. Strite: Madam Mayor, what can I say. De Weerd: I don't think you can say much. Strite: What was that? Bird: Well, you can say a lot, but -- but, no, I think it's -- I think you -- you know, you say this is like the existing Wendy's and Blimpie's, but there is quite a bit more than 35 feet difference between it. Now, you're going to take another nine foot out, which that gives us 44 feet there, which I think is great, Billy, and I think we can get by with these two, but you throw another drive-thru in there, you tell me how you're going to get them in and out. You're not and so we may as well be up front about it. Nary: Madam President? Meridian City Council December 2, 2003 Page 22 and 26 De Weerd: Mr. Nary. Nary: Mr. Strite, just so I understand, this cross-access opening here, that's only temporary or is it just the gravel that you're talking about, that's temporary? Strite: Madam Mayor, Councilman Nary, that's is approved and there is a cross-access agreement throughout the entire project. Only the gravel portion will be temporary until such time as we have an approved building to the north. Nary: Great. Strite: And as you recall, your suggestion, all buildings in this particular subdivision are subject to conditional use. Nary: Right. Strite: So, you get to see it again. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: With that suggestion from Mr. Strite, then, do we need to continue that, so he has an opportunity to, actually, talk to his client to make sure that's going to work for their needs, as well as give us the site plan, so we make sure we approve what that is? Because I do think we need a permanent divider between those two drive-thrus. I think we are just looking at a potential of a head-on -- and, obviously, a low speed head-on, hopefully, before we start on that potential there, because I think people will eventually get confused and if you have a divider -- but I think the staff would probably need to see that and I think you need the opportunity to talk to your client to make sure that you're not committing to something that they just can't live with, so -- Strite: Madam Mayor, Councilman Nary, I think that I can assure you that I would not have a problem with my client to do that and that the timing on this other issue is a little more extreme. I have no problem, if that is a condition and can be back into staff tomorrow morning, if that's the wishes of the Council. Nary: Okay. Powell: Madam President, just to clarify, do you just want curbing or do you want a landscape? I don't think he has room for a landscape. Okay. You just want a curb, so two-foot curb -- what, standard six inch, eight inch height? Just so he knows. Don't want another Sageland where we don't know where we are going, so -- Meridian City Council December 2, 2003 Page 23 and 26 Nary: Madam President? Powell: Sorry. I wasn't trying to -- never mind. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. We wanted a concrete blob, I think, right there. You know, I don't know whether or not -- I mean I think just a raised curb is adequate. Whether or not it's available to put like where it is currently between the Wendy's and Blimpies where they can put a fence or something like that -- and that was put more for lights and glare, not really for a visual obstruction. I think the curbing is simply adequate, but it does divide one from the other and I think that's all I -- yeah, I agree with you, I don't think even if they cut this lane shorter, that there is adequate room to build a curb that's got landscaping on it. I don't think you could do that and I don't think that's necessary. I just think it needs a curb that extends out here and, as Mr. Strite suggested, if they just cut that turn a little tighter and move it along this direction here, basically, they would lose one space, I don't know if that would be of concern to you or planning staff, but there is still adequate parking. It appears there probably is adequate parking. Powell: As I recall, they had two extra parking spaces; is that right, Billy Ray? Strite: Yes. I believe that's correct. Nary: So, they would be okay and if we basically made that a condition and that Mr. Strite could provide a site plan prior to us approving the findings, that's probably adequate, so that we make sure it's attached to the findings, I think we would be okay. De Weerd: So, we want a curb, not a blob? Nary: Correct. De Weerd: You know, that's Mr. Nary's technical term, by the way. Strite: I kind of like it. De Weerd: I don't think the last person did, but -- okay. Is there any further questions, comments? Bird: I have none. Strite: Thank you. De Weerd: Thank you. Okay. If there is no further discussion, I would accept a motion to close the Public Hearing. Meridian City Council December 2,2003 Page 24 and 26 Bird: So moved. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item number nine. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Is there any further discussion on this item? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I will make a motion that we approve CUP 03-052, the request for a Conditional Use Permit to construct three buildings by Wendy's, Starbucks, and Kinko's, with auxiliary drive-thrus and a 6,500 square foot retail pad in an I-L zone by Wenco, Incorporated, northwest corner of North Eagle Road and East Florence Street, and to incorporate staff, Planning and Zoning, and applicant and public testimony and also change the condition on the drive-thrus where at Wendy's we are going to take nine feet more to the south for a drive-thru and we will put a concrete barrier between the two drive-thrus, between Starbucks and Wendy's and we realize that they are going to lose one parking space, but that takes care of -- that's taken care of, because of the amount of parking spaces, and we would recommend that the future building, a 6,500 one, not have a drive-thru. Am I leaving out anything? Oh, and that it has been arranged with the Fire Department to have an all-weather access from the north side, even though it will be temporary, until that lot is finished up up there and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Did I leave out anything? Nary: Second. De Weerd: Mr. Nichols? Nichols: Madam President, members of the Council, in the motion it was to recommend that there not be a drive-thru. I would prefer that you be -- rather than -- De Weerd: More direct. Nichols: -- recommending, just a condition that there be no drive-thru on that building. Bird: If the second agrees, I agree. Nary: I would agree, and I like the really lengthy motion, too, Mr. Bird. Very good. Meridian City Council December 2, 2003 Page 25 and 26 De Weerd: Although he still hasn't beat your record. Bird: I'm around so many attorneys, I'm getting to be like them. I just don't make the money they do. De Weerd: Okay. It's been moved and seconded to approve CUP 03-052, with the stated additions or clarifications to the application that will be found in the Findings of Facts and Conclusions of Law and Decision of Order. Mr. Clerk, will you call role. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Nichols? Nichols: Madam President, members of the Council, to prepare those findings, we will try to get them done quickly. We will have a blank in terms of the date for the site plan, so if the Clerk, instead of putting it on the Consent Agenda, would have them on the regular agenda for the 16th, that way the Council can fill in the date for the site plan that Mr. Strite will have submitted to the staff and that way we make sure we have got the correct one reflected in the findings. Nary: Is that enough time for Mr. Strite -- Strite: I can have it here tomorrow. Nary: Great. De Weerd: Well, thank you. Okay. Well, that ends our agenda. Is there anything further for the good of the order? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we adjourn. Nary: Second. McCandless: Second. De Weerd: It's been moved and seconded to adjourn this meeting at 8:05. All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council December 2, 2003 Page 26 and 26 MEETING ADJOURNED AT 8:05 P.M. (TAPE ON OF THESE PROCEEDINGS) ;a.rn Jr< 12 / 16 / &3 DATE APPROVED - ~ I'rU/c/e.,.-i C/f;J {inned.-- ATTEST: ~Aa-: ~. WILLIAM G. BERG, JR,