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HomeMy WebLinkAbout2004 02-10CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 10, 2004, at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Stan Kelly Senior Pastor at Capital Christian Center: 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: Swore in 5. Adoption of the Agenda: Approved 6. Consent Agenda: A. Approve minutes of January 27, 2004 Pre -Council Meeting: Approve B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by M ary B allantyne — west of South M eridian Road a nd south of West Franklin Road: Approve C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re -plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C -G zone for Troutner Business Park No. 2 by Mary Ballantyne — south of West Franklin Road and west of South Meridian Road: Approve Meridian City Council Agenda— February 10, 2004 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L-0 zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers — 2150 West Cherry Lane: Approve E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L-0 zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. — 2150 West Cherry Lane: Approve F. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. — west of North Linder Road and north of West Ustick Road: Approve G. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. — west of North Linder Road and north of West Ustick Road: Approve with Changes H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C -N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: Approve I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: Approve J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41 -lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: Approve Meridian City Council Agenda — February 10, 2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from I -L to R-15 zones for proposed Mayfair Commons Subdivision b Development, LLC —1125 East Pine Street: A y Wildwood Approve L. Findings of Fact and Conclusions of Law for Denial: PP 03- 031 Request for Preliminary Plat approval of 38 building lots and 17 other lots on 12.74 acres in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC 5 East Pine St 112reet: Approve M. Findings of Fact and Conclusions of Law for Denial: CUP 03- 057 Request for a Conditional Use Permit for multi -family residential subdivision requesting reduced setbacks, parking standards, and dimensional requirements in a proposed R-15 zone for proposed Mayfair Commons Subdivision by Wildwood Development, LLC 1125 East Pine Street: Approve N. Addendum to Develo ment A reement for Park Impact Fee Reimbursement for Farwest, LLC Lochsa Falls Subdivision: Approve O• Resolution No. 04-420 Agreement with Adventure Island Plavaround: Approve 7. Department Reports: A. Planning and Zoning Department — Anna Powell 1 • Discussion of All American Storage: Discussed B. Public Works Department — Brad Watson 1• Agreement for Professional Services, WWTP Nolse & Odor Study — Corollo EnaineerA . Approve 8. (Items Moved from Consent Agenda) F&G 9. FP 04-001 Request for Final Plat approval of 31 single-familyresidential building lots and 4 common lots on 5.2 acres in an R-8 zone for Hi he ate Subdivision No. 1 by Harris Homes, LLC — 2700 North Meridian Road: Table to February 17, 2004 Meeting 10. FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R-8 zone for Meridian City Council Agenda—February 10, 2004 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing Please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. Highgate Subdivision No. 2 by Harris Homes, LLC — 2700 North Meridian Road: Table to February 17, 2004 Meeting 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building lots and 14 common lots on 25.14 acres i n a R-4 PD zone for Lochsa Falls Subdivision No. 7 by Lochsa Falls, LLC — west of North Linder Road and north of West McMillan Road: Approve 12. FP 04-004 Request for Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PD zone for Lochsa Falls Subdivision No. 8 by Lochsa Falls, LLC — west of North Linder Road and north of West McMillan Road: Approve 13. Public Hearing: Proposed new service fee for the Third Party Billing Agreement: Approve $20.00 fee — Attorney to prepare resolution 14. Public Hearing: AZ 03-033 Request for annexation and zoning of 10.05 acres from RUT to R-8 zones for proposed Baldwin Park Addition by Capital Development — north of West Ustick Road and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 03-038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development — north of West Ustick Road and east of North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: PFP 03-004 Request for Preliminary / Final Plat approval of 2 building lots on 3.775 acres in a C -N zone for Cherry Crossing Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Re -notice for March 9, 2004 Meeting 18. Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Re -Notice for March 9, 2004 Meeting Meridian City Council Agenda — February 10, 2004 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 19. Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements f or f rontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saguaro Canyon Estates. Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: R e -Notice for March 9, 2004 Meeting 20. Executive Session: No Decision 21. Mayor to prepare letter in support of HB 578. Meridian City Council Agenda — February 10, 2004 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 10 2004 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, February 3, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree, and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Tara Green, Jolene Robles, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, Stacy Kilchenmann, Gary Smith, and Dean Willis. Item 1. Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the Regular Meeting for City Council. It's Tuesday, February 10th, and I think it's just eight minutes after 7:00. 1 can't see the clock. There is a glare. Its not my eyes and I will ask the Deputy City Clerk to call roll. Item 2. Pledge of Allegiance: De Weerd: Item Number 2 is the Pledge of Allegiance and we will be led in the pledge by a member from Troop 183. Please stand. (Pledge of Allegiance recited.) Item 3. Community Invocation by Stan Kelly Senior Pastor at Capital Christian Center: De Weerd: Thank you for leading us in the pledge this evening. That's Troop 183 and they are from Kuna. We appreciate you joining us tonight. Item Number 3 is a community invocation by Pastor Stan Kelly he's the senior pastor at Capital Christian Center. Kelly: I've got to make a correction. I'm not the senior pastor. I just don't want my boss to get suspicious, so — I'm an associate pastor. Let's pray. Heavenly Father, we thank you for this beautiful city you have allowed us to work in, to live in, and to raise our children in. Lord, we ask that you would give us your wisdom, you would give us your guidance, Lord, you would give the Mayor, the City Council, and everyone that you have gathered here that -- everyone that's gathered here this evening and give them your wisdom. Lord, we ask that though there may be differences of opinion, we ask that what is best for our community and the generation to come would ultimately be worked out, would ultimately be the decision that's made. Lord, just bless this place with peace, Meridian City Council February 10, 2004 Page 2 of 30 bless it with your joy, and bless it with your overshadowing -- overlooking us, Lord, this evening, in Jesus name. Amen. De Weerd: Thank you so much, Pastor Kelly. If I could present you with one of our esteemed watertower pins. Kelly: Thank you. I will wear it with pride. Item 4. Swearing in Ceremony for three new Police Officers -- Will Stoy, Chris McGilvery, and Brian Lueddeke: De Weerd: Thank you. Okay. Item Number 4 gives me great pleasure to introduce our Chief of Police, Chief Musser, and with the swearing in of our new officers. Musser: Thank you, Madam Mayor. I'd like to have our new officers, Will Stoy, Brian Lueddeke, and Chris McGilvery come up front, please, if you would. Would you choose to sit behind the desk, Your Honor, or -- De Weerd: Oh, no. Musser: Why don't you go ahead and face the audience, gentlemen. I'll give a brief introduction, as the Mayor's coming down, to each one of the officers. The first officer here next to me is Brian Lueddeke. Brian comes to us from the business environment where he was a past business manager, just started in law enforcement, and currently he's right in the middle of going through the POST academy. He's currently married as. well, wife Charlene, and they have a son Brock. Will Stoy is right next to him. We managed to take Will away from the Ada County Sheriff's Department where he had spent 10 years working down in the jail area --that is working there. He's also married. His wife Jenny and his stepson Chase weren't able to be here tonight, but we sure encourage them in the future to go ahead and participate with us if they can. She works over at Ada County still, so she's busy tonight. Will is also a current chapter president for the Boise Blue Knights Association, which is a police motorcycle association as well. Then, our final member is Chris McGilvery. Chris comes to us from Amarillo, Texas, where he served six years on the Police Department down there. He grew up in the Amarillo area, up until the time he was in high school and he is a graduate of Centennial High. Apparently like the area well enough -- or at least his sister did, she's married to Brian Zimmerman, one of our firemen, and Chris, in the meantime, decided to come on back up here and he brings his daughter Harley and his son Tyler with him tonight and they are joining dad for the ceremony here tonight. That's our officers. Welcome aboard, gentlemen. De Weerd: Well, its my pleasure to offer you the official oath of office and if you'll raise your right hand. When I say -- I, state your name, do solemnly swear or affirm, that I will support the Constitution of the United States and the Constitution and laws of the State of Idaho and the laws and ordinances of the City of Meridian and that I will abide by the law enforcement code of ethics and policies and procedures of the Meridian Police Meridian City Council February 10, 2004 Page 3 of 30 Department, that I will obey the lawful orders and directives of those appointed over me and that I will, to the best of my ability, faithfully discharge all the duties of the office of a Police officer in and for the City of Meridian, Idaho, so help me God. (Oath recited.) De Weerd: Thank you. Congratulations. De Weerd: Thank you, officers, and your families for joining us here tonight. Before we do get to the adoption of the agenda, I think you all note that Items Number 17, 18, and 19 have you been requested by the applicant to be deferred and so anyone who is here to testify in that, I apologize if you're here and you came to join us tonight. It was deferred after the mailings went out, but I did want to let you know that those will be deferred and, staff, did they mentioned a deferral date? Powell: March 91. Item 5. Adoption of the Agenda: De Weerd: To March 9th. Okay. Item 5 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that -- I would like to add to the Regular Agenda Item Number 20, an Executive Session, as per Idaho State Code 67-2345(1)(c). With that, I would move that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. Is there any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 6. Consent Agenda: A• Approve minutes of January 27, 2004 Pre -Council Meeting: B. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: VAC 03-007 Request for a Vacation of three feet of ACHD right of way on each side of West Pennwood Street for Troutner Business Park Subdivision No. 2 by Mary Ballantyne — w est o f S outh M eridian R oad a nd south o f West Franklin Road: Meridian City Council February 10, 2004 Page 4 of 30 C. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-034 Request for Preliminary Plat approval for a re -plat of Troutner Park. Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of 6 commercial building lots and 1 common lot on 17.26 acres in a C -G zone for Troutner Business Park No. 2 by Mary Ballantyne — south of West Franklin Road and west of South Meridian Road: D. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-029 Request for Preliminary Plat approval of 6 building lots on 2.064 acres in a L -O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers — 2150 West Cherry Lane: E. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-048 Request for a Conditional Use Permit for a Planned Development for nursing home care for up to 40 patients and office use with reduced setbacks and landscaping requirements in an L -O zone for proposed Cherry Lane Office Park Subdivision by Pinnacle Engineers, Inc. — 2150 West Cherry Lane: H. Findings of Fact and Conclusions of Law for Denial: RZ 03-009 Request for a Rezone of 6.39 acres from C -N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: I. Findings of Fact and Conclusions of Law for Denial: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: J. Findings of Fact and Conclusions of Law for Denial: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41 -lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates — 3680 West Ustick Road: K. Findings of Fact and Conclusions of Law for Denial: RZ 03- 011 Request for a rezone of 9.34 acres from 1-L to R-15 zones for proposed Mayfair Commons Subdivision by Wildwood Development, LLC — 1125 East Pine Street: Meridian City Council February 10, 2004 Page 5000 30 L Findings of Fact and Conclusions of Law for Denial: 03. 031 Request for Preliminary 17 other lots on 12.74 acres Islat approval of 38 building lot Ma air Commons Subdivision b posed R-15 zone for proposed 1125 East Pine Street: y Wlldwood Development, LLC — M• Findings of Fact and Conclusions of Law for Denial: CUP 057 Request for a Conditional Use Permit for residential subdivision 03- eside tial and dimensional uesting reduced multi -family requirements in a Proposed setbacks, parking for proposed Ma air Commons R-15 zone Development, LLC 1125 East Pine Sts etttllvis�°n by Wildwood N. Addendum to Develo menA reement for Reimbursement for Farwesttpact Fee LLC Lo hsa Falls Subdivision: 0• Resolution No. Adventure Island Pla round: Agreement De Weerd: Item 6 is the Consent Agenda. with Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda staff has asked that we take Items F and G them to the regular agenda and make that 8-F and 8_G and with the rest of the items that we pass and for the Mayor to sign and the Clerk to attest on all proper and move Rountree: Second. papers. De Weerd: Okay. It's been moved and seconded to stated. Any further discussion? approve the Consent Agenda as Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. I was just going number is for Item O. to say we probably need to include what the resolution Bird: Yes. De Weerd: Our Resolution Number 04-420 Bird: I would include that in my motion, then.. Meridian City Council February 10, 2004 Page 6 of 30 De W eerd: Does the second agree? Any further discussion? Okay. Mrs. Deputy Clerk, will you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 7. Department Reports: A. Planning and Zoning Department — Anna Powell 1. Discussion of All American Storage: De Weerd: Thank you. Okay. Item 7, Department Reports. We will start with Item A, Planning and Zoning Department, discussion of All American Storage. Powell: Madam Mayor, Mr. President, this is -- it just occurred to me that I forgot to get a map together of where this is. This is on the southern most boundary of the area of city impact. As you're going down Meridian Road toward Kuna, it's a very small, narrow piece of property on the east side of Meridian Road. They have worked with Ada County trying to amend their zoning ordinance to allow a mini storage facility in their current zoning, which is RUT. That failed and now they are looking at trying to get a rezone to a commercial designation that would allow a mini storage facility in that location. To do that, to get any kind of rezone in Ada County, they do need a letter from the city engineer -- they either need to have municipal services or a letter from the engineer that says that it's not required. The city engineer has already provided them with a letter stating that the one toilet facility associated with the mini storage use does not require hookup to the sewer system and the water system. It is kind of just before you tonight to make sure that when the transmittal comes from Ada County, that you all are in favor of having a mini storage use there. De Weerd: Any questions of staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's staffs recommendation? Powell: As an interim use, actually, mini storages aren't bad. It's well designed in that it's a very, long, narrow one. The narrow portion being up against the roadway. As development fills around it, it will, basically, hide everything that's there, because -- I mean it will be a little obvious at first, because there is not much else out there, but as development continues, it will just kind of blend toward the back or be used for something else. Now, the likelihood of it being on its own redeveloped is probably Meridian City Coundl February 10, 2004 Page 7 of 30 pretty small. It is very narrow. It is designated for commercial -- or mixed-use properties on the Comprehensive Plan. De Weerd: Any further discussion? Direction for staff? I'm assuming because there is no discussion that it seems to be okay. Powell: The applicants are here tonight. If you wanted to question them at all, they are here, but they don't anticipate speaking, so -- they'll answer questions, but I did not have them prepare a speech, is all I mean to say. De Weerd: Oh, well, darn. Okay. Unless this applicant has anything they would like to add, we will move on. No? Okay. B. Public Works Department — Brad Watson 1. Agreement for Professional Services, WWTP Noise & Odor Study — Corollo Engineers: De Weerd: Item 7-13 Public Works. Brad Watson to discuss agreement for professional services for WWTP noise and odor study by Corollo. Watson: Thank you, Madam Mayor. I hesitate to even bring this up, since we talked about brevity earlier in Pre -Council. Ordinarily, these agreements are simply on Consent Agenda, but given the background discussion on this agreement, I thought I would bring it back to you. They have gone through three or four revisions on this agreement and provided me what I think is a final copy. It's the noise and odor study for the wastewater treatment plant. They have included some literature research and community surveys to see what other communities have done as far as land use planning. They will simply provide that information to us and will include the Planning and Zoning staff in our regular meetings throughout the project to see if that information if useful and see if we can get some ideas or maybe even some recommendations to you a s t hat s tudy i s c ompleted. The c ontract i tself i s f or -- o n a time a nd materials basis, not to exceed 64,000 dollars. The length of the agreement is approximately three months. The one thing that I do need to point out if you do approve it, I need a line item transfer from our wastewater treatment plant design budget that's currently approved into the facility plan line item. I don't have those numbers. I should have put those in the memo. Those are the titles of those two budget line items. We will be -- we will certainly be okay with our budget if we do that. With that, I'll entertain any questions. De Weerd: Any questions for Brad? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Coundl February 10, 2004 Page 8 of 30 Bird: Brad, this covers everything that we discussed and we would want in this study, am I not -- Watson: Council Member Bird, it not only includes everything that we discussed and had Corollo discuss two weeks ago, but we added the task that I mentioned of literature research and community survey. Bird: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Brad, am l to understand that that addition -- I think what we were getting to in our last discussion was that we would like to at least have some direction on where we go with the planning process and so is this the -- at least the start of that and to include the planning staff in the process? Watson: Council Member Wardle, that's exactly right. The intent is just for them to provide some information that planning staff, in cooperation with public works, can use to get that rolling. Wardle: Thank you. De Weerd: Thank you. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes and I take it from Mrs. Powell's nod that that was something she would like to participate in and be part of. That's great. De Weerd: I guess the nod wasn't on the record, was it. Nary: I was just trying to make the record clear. De Weerd: Okay. Do you need any kind of motion, Brad? I would assume so. Watson: Yes, Madam President, if -- or Madam Mayor. Sorry. If you could approve the contract just as we do all the other contracts. De Weerd: Thank you. Rountree: Madam Mayor? Meridian City Council February 10, 2004 Page 9 of 30 De Weerd: Mr. Rountree. Rountree: I move that we approve the contract for the noise and odor agreement just discussed by the city engineer and include in that motion the adjustment of line items in the wastewater treatment budget in order to accommodate the cost of the contract for such study. Bird: Second. De Weerd: Does the motion want to include the amount of the contract? Rountree: Yes, Madam Mayor. De Weerd: Mr. Watson is that amount 64,000? Watson: The contract amount is not to exceed 64,000. Rountree: I agree to amend my motion to include the language not to exceed 64,000. Bird: Second agrees. De Weerd: Okay. Stacy, did you have any comment? Okay? Any further discussion? Nary: Other than, we don't have a clerk. Bird: Mayor can call roll. De Weerd: The motion in front of us is to approve the agreement for not to exceed 64,000. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES Item 8. (Items Moved from Consent Agenda) F. Tabled from February 3, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering & Planning, Inc. — west of North Linder Road and north of West Ustick Road: Meridian City Council February 10, 2004 Page 10 of 30 G. Tabled from February 3, 2004: Findings of Fact and. Conclusions of Law for Approval: PP 03-037 Request for Preliminary Plat approval of 66 single-family building lots and 2 common lots on 15.04 acres in a proposed R-8 zone for proposed Windsona Subdivision by Landmark Engineering & Planning, Inc. — west of North Linder Road and north of West Ustick Road: De Weerd: Okay. Item 8. We moved two agenda items from the Consent Agenda, F, and G. We will go ahead and have discussion on Windsong Subdivision, AZ 03-031. Staff? Watson: Madam Mayor, Council Members, I hope that you have a copy of a position statement that I hastily prepared late this afternoon. One of the items I should have recognized a month ago when this came to you with the recs from Planning and Zoning. There is an item -- I hope these numbers are right, 2.A.1, and 2.13.10. As you recall, there was some testimony regarding a boundary dispute between this development and a neighbor. As I read this condition, it concerned me specifically in that the boundary dispute between this property and the neighboring property shall be resolved before signature on the Final Plat. This is one of those conditions that can tie me up and tie the developer u p for weeks trying to f igure out what resolved actually means. I am seeking direction on what the Council's definition and perhaps the city attorney's definition of recommendation regarding resolved might mean. The second item is one that came during the motion a couple weeks ago approving the preliminary plat and it is Item 1.1.3 on Page 14 of the findings. The way the finding came out, it said that I will -- the city engineer shall verify that there will be no groundwater problems in the area before signing the Final Plat. Again, this is one that causes me quite a bit of concern, in that I think the perception would be that I would be the one making the professional judgment on whether there is a groundwater problem. I have inserted proposed language in that the engineer of record shall provide certification to the city engineer that there will be no groundwater in the crawl spaces of the houses to be constructed in the subdivision prior to Final Plat signature by the city engineer. Then, keep the last sentence as was written, the city engineer may request applicant to provide additional testing to verify the groundwater levels. Modifying it in this way puts the responsibility back on the developer and his engineer, which I will, of course, check prior to -- or check that it has been certified prior to signature. Those are the two items that I wanted to clarify or modify. I will be happy to answer any questions. De Weerd: Okay. Questions? Mr. Bird. Bird: Madam Mayor? Brad, on the property dispute, I guess resolved is finalized. I mean whose — what property — where is the property line at. They have got to come up with that before you can do anything, as far as I -- and that's what I took our motion of approval to mean, that, you know, this — you don't go out and guess. They have got -- it's not up to our responsibility to find it, I mean -- but until they resolve it, the boundary's located, then, I -- it isn't approved, as far as I'm concerned. That's what our motion was, is to resolve that before we signed off on it for the final plat. Meridian City Council February 10, 2004 Page 11 of 30 Watson: Madam Mayor? Madam Mayor, Council Members, Council Member Bird, there are different definitions of resolved. The developer and his surveyor at the last meeting felt that it had been resolved. The neighbor, obviously, didn't feel it had been resolved. Worse, case -- and I usually think of these things in worst case, is that the plat comes in, the surveyor of record has sealed the plat and says it's perfectly fine. If there is litigation that's commenced prior to that, it might -- to wait until that litigation has run it's course and there is a decision -- those are the scenarios that run through my mind when I have these kind of conditions. De Weerd: I appreciate your caution. Is that a question for our legal counsel? Nichols: Madam Mayor, Members of the Council, I think what you have in this situation is one where there isn't an issue with regard to what the surveyors are going to include, it's more the fence wasn't on the boundary line is what I suspect the facts will end up being. The question becomes whether that creates some sort of problem. The motion was to have it resolved. Now, you can modify that to say that before signing on the final plat the applicant submits proof that the neighbor's dispute has been resolved by a writing signed by the neighbor, or that property owner or you can say that it's resolved by court order, you can say, you know, any of those alternatives. From a platting perspective, if you approve this without this condition, the developer can proceed, can go ahead, and plat it, what they may find themselves with is the inability to sell any of those lots along that boundary because of pending litigation, but that does not necessarily affect the plat. Where it could affect the plat is if a court ultimately determined that say the easterly six feet of each of those lots is not owned by the developer, in which case there would have to be a replat of those lots with the shorter dimensions. Again, the developer wouldn't be able to sell those lots because of the tie up of those lots in the litigation. They would still be able to proceed with the subdivision. De Weerd: Is there any further questions for the attorney or staff? Okay. Nichols: The applicant is here, Madam Mayor. Or his representative. De Weerd: Would the applicant's representative have anything to add? Do I need to time you? Boyle: Madam Mayor, Council Members, let me flip to my speech here. I will keep this quick tonight. I have had -- De Weerd: Better get the timer out. Boyle: Get the timer out. Nary: Name for the record. De Weerd: Name, please. Meridian City Council February 10, 2004 Page 12 of 30 Boyle: My name for the record is Clint Boyle. Business address of 104 9th Avenue South, Nampa, Idaho, Landmark Engineering and Planning, representing the developer on the project and just a couple of thoughts this evening -- and I have had discussions with Brad on this earlier. Actually, a couple of hours ago on this with regards to the boundary dispute, there is a couple of options that the developer is, I guess, just offering to the Council on that. To begin with, two different surveying companies have verified that based on the deeds, the deeds match -- the boundaries of the deeds match and the property that is staked in the field matches those deeds, so the pins that were set in the field matches the deeds. As Mr. Nichols mentioned, what is at issue is that there is a fence that is not on that deeded boundary that was installed quite a few years back. That's what I guess is causing the claim -- my understanding from the adjoining property owner is that that fence has been there for a number of years and, therefore, it's felt that that is a portion of the adjoining property owner's property. With regards to the plat itself, as was indicated in the hearing, the lots that are adjacent to her property are large enough that even removing that six and a half, seven foot piece of land, they still meet all of the zoning ordinance requirements as far as size. What the developer is throwing out as options, he's willing to even exclude that area out of the plat, so we come in with a preliminary plat and a final plat that has that six and a half feet excluded out. The option, then, would be that over the course of time as this gets worked out, that if she's in the right and it's deemed by courts or attorneys or whatever process this ends up in, that that six feet is hers, then, it's hers and it doesn't affect the plat. If it's deemed that it actually is his, then, at that point in time he would be willing to just deed that additional six feet to all of the adjoining platted property owners and he would work that into their purchase agreements. That's one option. The other option would be that he could also provide this as a common lot on the preliminary plat. You know, he's willing to go to that extent if he needs, own and maintain that area himself if he needs to. The long and short of it is is just like any of us, he doesn't want to necessarily just give away a piece of his property just for the sake that somebody is claiming that they have ownership on it. He wants it to kind of workout and sees where the chips fall, if they are in his favor, then, he has the property, and if they are not, then, he will concede that he doesn't. Those are, I guess, a couple of options that he's thrown out that may be a way to. resolve this platting issue and move it forward without too much hassle later on of replats or whatever it might be. I just offer that up to the Council for consideration. Outside of that, the other item on the groundwater, we don't have a problem with that. We typically provide certifications on groundwater for the streets and we can provide it for the crawl spaces as well. I think the language that Mr. Watson has proposed would be acceptable for the groundwater issue. De Weerd: Thank you. Boyle: Appreciate your time this evening. Thank you. De Weerd: Any questions? It looks like the attorney -- no? No questions for Mr. Boyle? Thank you. Merldlan City Coundl February 10, 2004 Page 13 of 30 Boyle: Thank you. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, just a point. It's not just a matter of the plat, we also have the annexation, and we have the legal description on the annexation. We are going to annex this property before the final plat is finalized and submitted. You could have a six and a half, seven -foot strip, which remains in the city that ultimately becomes part of the adjoining property. Now, that could be resolved by deannexing that six and a half foot strip as part of the deal or leave it alone. What we could do is perhaps impose a condition that at the time of submitting the final plat that the plat will either reflect a resolution of the boundary dispute or that the lot dimensions affected by the dispute will be modified so a s to not place a ny of the boundaries of those lots outside the undisputed area. Because I think that part of it's going to be fairly well -- so that the point -- and, then, Mr. Stubblefield at that point can make his decision as to what he's going to do. If he's going to shorten those lots by six and a half feet and do it that way, then, the plat comes in six and a half feet shorter. That's a possibility. De Weerd: Thank you, Mr. Nichols. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: It seems like one of the questions, though, is the -- I guess how to make it clearer as to what we intended by resolved. It's a great legal word, but it doesn't help the engineer. I think one of the things I heard you say is one of the ways of showing resolved was by basically submitting the plat with the adjustment being made. Did we want to have some other language in the conditions, then, that, you know, they can show it by a number of different methods? Because some of it may be by court order, it may be by stipulation, it might be by redrawing of the plat with the six feet taken off, and, then, we'd have to deannex that other portion. Listing all those options, I don't know if that's too limiting, but at least it provides what those options are, so at least the city engineer isn't -- at least it isn't the city engineer's job to make that call. He can look at that checklist to see if one of those things exist and that's all that's necessary. Is that -- is that adequate do you think, Mr. Nichols? Nichols: Madam Mayor, Council, I believe so. I mean the neighbor either agrees to withdraw the claim or the plat is redrawn to account for the claim or there is a court order that resolves the claim one way or the other. Madam Mayor, if I may ask Mr. Watson, does that give you enough certainty at Final Plat time? Watson: Madam President -- or Mayor. I'm sorry. Council Members, yes, I think it does. If those three are on the menu, those should work, I believe. De Weerd: Council, any further discussion? Do we have a motion? Meridian City Council February 10, 2004 Page 14 of 30 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 03-031 for Windsong Subdivision and I don't believe these changes will be in that, it will be in the Preliminary Plat, for the Mayor to sign and the Clerk to attest: Nary: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-031 for Windsong Subdivision. Madam Deputy City Clerk, will you, please, call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve PIP 03-037, with the changes as stated b y o ur attorney, with the three options before the Final Plat comes back for Windsong Subdivision. Rountree: Second. De Weerd: Okay. Its been moved to approve PP 03-037 for Windsong Subdivision with the amendments as stated. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 9. FP 04-001 Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for Highgate Subdivision No. 1 by Harris Homes, LLC — 2700 North Meridian Road: De Weerd: Thank you. Okay. Item 9 is FP 04-001 for Highgate Subdivision No. 1 will ask for staff comments. Powell: Madam Mayor, Members of the Council, on both Highgate 1 and 2, the following item, upon closer examination we realize that they weren't consistent with the Merldian city council February 10, 2004 Page 15 of 30 approved Preliminary Plat. There was a tabled tonight. Ifo memo from Mr. Siddoway asking that they be I apologize for t1 forgot to mention it to the Council prior to your adoption of the agenda. for us. The applicant is working on revised Final Plat and landscape We just got those today. If we could table them one week, that should be sufficient. p plan Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we table Item February 17, 2004. Rountree: Second. FP 04-001, Highgate Subdivision No. 1 to De Weerd: It's been moved and seconded to table Item Number 9 for Subdivision No. 1 to February 17, 2004. All those in favor saya carried. Highgate aye. All ayes. Motion MOTION CARRIED: ALL AYES. Item 10. De Weerd: FP 04-002 Request for Final Plat approval of 45 single-family residential building lots and 4 common lots on 10.49 acres in an R-8 H-9h9ate Subdivision No zone for Meridian Road. 2 by Harris Homes, LLC – 2700 North Item 10 is FP 04-002, for Highgate Subdivision No. Z. Powell: Same comments, Madam Mayor. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Staff comments. Bird: I'd move that we table FP 04-002, Highgate Subdivision No. 2 to February2004. 17, Rountree: Second. De Weerd: It's been moved and seconded to table Item Number 10 for Highgate Subdivision No. 2 to February 17, 2004. Any further discussion? All those in favor sa aye. All ayes. Motion carried. 9 gate MOTION CARRIED: ALL AYES. Y Meridian City Council February 10, 2004 Page 16 of 30 Item 11. FP 04-003 Request for Final Plat approval of 77 single-family residential building I ots a nd 14 common I ots o n 2 5.14 a cres i n a R-4 PD zone for Lochsa Falls Subdivision No. 7 by Lochsa Falls, LLC — west of North Linder Road and north of West McMillan Road: De Weerd: Item Number 11 is FP 04-003 for Lochsa Falls Subdivision No. 7. Staff comment. Powell: Madam Mayor, Members of the Council, this is Lochsa 7. This is most of the Preliminary Plats that's comprised of this area. They started on kind of the east side of the property and you working generally the west. This is the final plat and it is consistent with the approved Preliminary Plat. I did want to point out that when this was approved they did request reduced setbacks, in particular, a seven foot side yard setback and they are, as you know now, allowed a five foot side yard setback, because it was part of the development agreement and -- or the planned development. We are still holding them to that seven -foot side yard setback. We anticipate that they will come forward to just the Planning and Zoning Commission for a modification of that Planned Development. They are the decision-making body on a modification to a Conditional Use Permit. I believe it isn't coming to you. I just wanted to let you know about that and to point out comment number -- on Page 3, Item Number 6, regarding the note 12. 1 did want to point this out. We have had some discussions about this before on the need to provide information on the plat. I have worded number 12 such that if they do get the modification from the Planning and Zoning Commission, they can go forward with this note and it should work with that modification. It basically says that they need to be in compliance with this -- the approved CU. With that, I will end staffs comment on -- or presentation on that. I can't wait to see if Council Member Bird yells at me. De Weerd: Any comments or questions? Maybe I should limit it to questions for staff. Bird: I have no problem. Powell: The developer is in agreement with the conditions of approval and has supplied a letter as such. Idaho Power also gave a letter that talks about their facility on Locust Grove. This is on Linder. I'm not quite sure where Idaho Power was today. We do have a record from Idaho Power, but -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And maybe this is my own ignorance -- I guess that's my favorite word this week. If there is a Development Agreement that has this seven -foot side yard setback, how does the Planning and Zoning Commission grant a waiver to that? I understand that they a re the decision maker on the C U, b ut if we add to i t h ere to t he development agreement, that's with -- that's with the Mayor and the Council. Meridian City Council February 10, 2004 Page 17 of 30 Powell: That's a good point, Mr. President, and I think they might just have a CU, but I will double-check, because if they do need to modify the DA, then, it will come to you and we will do that as a secondary run. Nary: Okay. Powell: The applicant's representative is here and he may be able to -- Nary: And it may not be a -- it's not really a factor tonight, I just was curious, because you had mentioned that point, so I don't know if it's an issue tonight, but -- that's all. De Weerd: Does Council have questions for the applicant's representative or does the applicant's representative have any comment? He nods no. Any questions for the applicant? For staff? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-003, Lochsa Falls Subdivision No. 7. Bird: Second. De Weerd: Okay. Discussion? Is there any special note for staff comment on item -- Page 3, Item 6 note 12? Wardle: Yes, Madam Mayor, to include item number -- I'm looking for that. What was that? Bird: Three. De Weerd: That's Page 3, Item 6. Wardle: Page 3 Item Number 6. Bird: Second agrees. De Weerd: And that would be the changes as suggested by staff. Powell: I'm sorry, Madam Mayor. I didn't m can to -- perhaps I d idn't communicate clearly. I didn't make any changes, I just wanted to point out that that condition was there. De Weerd: You were underscoring. Meridian City Council February 10, 2004 Page 18 of 30 Powell: Yes. Nary: She was reading the underscore. De Weerd: Thanks for the underline. Okay. Any further discussion? Okay. Does the Deputy Clerk want to call roll on this? Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 12. FP 04-004 Request for Final Plat approval of 54 single-family residential building lots and 4 common lots on 24.48 acres in a R-4 PD zone for Lochsa Falls Subdivision No. 8 by Lochsa Falls, LLC — west of North Linder Road and north of West McMillan Road: De Weerd: Item 12, FP 04-004, on Lochsa Falls Subdivision No. 8. Staff. Powell: Madam Mayor, Members of the Council, this is just to the north of the previous one. I think you can see the -- what will be the park there with the north arrow and, then, here it is at the south end of this one. It's immediately north. There is this red area. I'm sorry. Same comments as before. They did have reduced setbacks at the time that are no longer actually reduced and the same wiggle room is put into the plat note regarding the dimensional standards. Also Idaho Power's letter referring to this one as well. De Weerd: With a change of street. Powell: Yes. De Weerd: Any comments for staff? Okay. I would entertain a motion. Any comments from the applicant? Thank you. You agree with all staff comments? They nod agreement. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Lochsa Subdivision No. 8 Final Plat, FP 04-004, including all staff comments and conditions. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve FP 04-004 on Lochsa Falls Subdivision No. 8. Deputy Clerk, want to call roll, please. Meridian City Council February 10, 2004 Page 19 of 30 Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. Now, we are entering into our Public Hearing process. If anyone is here for Items 17, 18, and 19, those will be continued until -- I'm sorry, I still didn't write it down -- March 9th. If you're here for those items, they will be taken up again on March 9th and I'm sorry for the inconvenience. For all others we do require that those wishing to testify or will comment to be sworn in and I will just do it all at one time. Anyone who will be commenting during these public hearings, if you will raise your right hand. Do you promise the testimony you provide tonight is the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) Item 13. Public Hearing: Proposed new service fee for the Third Party Billing Agreement: De Weerd: Thank you. Okay. Item 13 is a Public Hearing on the proposed new service fee for a Third Party Billing Agreement and we will start with comments from our finance director Stacy Kilchenmann. Kilchenmann: Okay. This fee pertains to a service that the utility billing department proposes to offer whereby a homeowner or property management company can have -- instruct the utility billing department to send the monthly utility bill to a third party, such as a renter, with delinquency notices being sent to both the renter, tenant, and the property owner. We are proposing a fee of 20 dollars and I will explain how that cost is broken down. We basically see it as three steps. The first step is the property owner agent comes in and fills out the agreement, the agreement is notarized, entered into the utility billing and filed in utility billing. We figured this would take 15 minutes at 26 cents a minute for a cost of $3.90 and the 26 cents per minute is the average salary, plus benefits, for a utility billing clerk. The second step is that the water department sends the meter reader out to read the meters. Again, we calculated the cost per minute for the meter reader at 40 cents per minute times 30 minutes, for a cost of 12 dollars, and, then, the final step the utility billing department sends out the extra delinquent notice to property owner and tenant. We figured this would maybe happen 50 percent of the time for a total cost of $5.34. The average cost should be $21.24 and we are rounding that down to 20 dollars. De Weerd: Any questions for staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yes. Stacy, on the fee, the 20 dollars, that's per unit? Merldian City Council February 10, 2004 Page 20 of 30 Kilchenmann: Yes. Per agreement between tenant and landlord and that will be billed to -- the landlords that we surveyed requested that be put on the first bill and billed to the tenant. Nary: So, on a duplex it would be 40 dollars, single house would be 20? Kilchenmann: Yes. Nary: What about apartment complexes? Are those done differently anyway? Kilchenmann: Usually those are done by -- the owner pays the utilities. Nary: All right. Those are done differently. Kilchenmann: Yes. Nary: Okay. Thank you. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is the rounding down just a convenience thing? If it's going to cost us 21.24 to do it, why don't we charge 21.24? Kilchenmann: The reason that we are doing it this way is because we haven't costed out the cost of performing the service, so, for example, on the delinquency notices, we just took an average of six, when, in actuality, it might only be one or two. For the first year, we decided to make it a 20 -dollar cost, because in the past we have offered -- they have offered the service, but they haven't charged a fee for it in the past. Rountree: Thank you. De Weerd: Thank you, Stacy. Any further questions? Okay. Is there anyone in the audience who would like to testify on this item? Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on the third -party billing agreement. Rountree: Second. Meddlan City Council February 10, 2004 Page 21 of 30 De Weerd: It's been moved and seconded to close the Public Hearing on Item 13. Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Okay. Items 14 and 15 are Public Hearings. Bird: We need to pass on that, Madam Mayor. De Weerd: I'm sorry. I really wanted to move this along. Bird: I'd love to. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the 20 -dollar fee for the city to charge on the third - party billing agreements. Rountree: Second. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, just to let you know that we will be bringing back to you a resolution to actually adopt the fee, so you can go ahead and move to approve it, but we will have to bring it forward in a formal resolution. Bird: In a resolution. Yes. Okay but we have to approve it. De Weerd: Okay so, the motion was to approve this and we will see a resolution. Bird: At 20 dollars.. De Weerd: Okay. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 14. Public Hearing: AZ 03-033 Request for annexation and zoning of 10.05 acres from RUT to R-8 zones for proposed Baldwin Park Addition by Meridian City Council February 10, 2004 Page 22 of 30 Capital Development Linder Road: — north of West Ustick Road and east of North Item 15. Public Hearin single-family residential building 38 lots and 7 quest for common lotsoapproval of 71 n 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development —north of West Ustick Road and east of North Linder Road: De Weerd: Thank you. Okay, Now Items staff comment. 14 and 15 are Public Hearings on AZ 03- 033, Baldwin Park Addition, and PP 03-038. 1 will open these two Public Hearings with Powell: M adam Mayor, Members of the Council, this is the location for t he Baldwin Park Addition. It's, actually -- the outlined property is a little bit larger than what is included on the Preliminary Plat. This is all the unplatted portions of Baldwin. You may remember when the last few phases of Baldwin have gone through, a comment regarding the need to replat a portion of this, because they had kind of gained five or six lots as time went on, so they have included the final phase of Baldwin Park and they have added the property to the south -- if I can get my mouse up. This is the primary new area for the preliminary plat. It abuts Cedar Springs just to the west and the adjoining properties have largely been sold to developers as well. This is a Copy of the Plat and the -- or the landscape plan. You will see that there is a-- the White Drain goes through the center of the property. They do have one crossing of that facility and then, it ties into Cedar Springs to the east. The applicant's representative Dean Briggs did testify in favor of the application at the Planning and Zoning Commission. No members of the public testified Plain opposition to the application. The discussion at the nning a nd Zoning Commission centered on fencing requirements a long the White Drain and also the operation and maintenance manual for the pressurized irrigation system and tying that into the existing Baldwin Park facilities. The changes that the Planning and Zoning Commission made on staffs original recommendations were just to the fencing plan and, then, a need — Possible need for an encroachment agreement a sl the surveying of oneng dis I refined a nldgththe ey discover whether or not those lots are within that encroachment. Planning and Zoning Commission has forwarded this to you with a recommendation for approval. The letter show up as a memo from Craig Hood in the record, and it has provided -- the letter -- the applicant has provided a letter, excuse me, it should was Just a clarification should some of the site specific conditions, particularly in Number 8 and Number 12. Staff is iof n modifications. With that, I will end and would recommend that you accept those site agreement with those clarifications staff's report. De Weerd: Any questions for staff? Okay. Is the applicant or his representative here? Please state your name and address and if you would, please, spell your last name. Arnold: Oh. Madam Mayor, Members of the Council, for the record, my name is Steve Arnold. I'm here representing Capital Development. I'm with Briggs Engineering. Business address is 1800 West Overland Road. Meridian City Council February 10, 2004 Page 23 of 30 De Weerd: Thank you. Arnold: We have reviewed the modifications in the letter that was sent to the Council, dated -- well, received by the City Clerk February 4th, with the modifications as Previously requested by us. We are asking for the two additional modifications on number seven and item 13, with the requirement to delete the sidewalk -- or, excuse me, a fencing a djacent t o -- i is a c ommon I of and it's nota p athway l ot, s o we are fied. Item Number 13, it will be Baldwin Park Homeowners asking that that be modi Association, not Baldwin Park Addition Homeowners Association. With that and your new streamlined process, I will stand for any questions. De Weerd: Are there any questions for the applicant's representative? Thank you. Arnold: Thank you. De Weerd: Is there anyone else in the audience who would like to provide testimony on this application? If you will, please, state your name, address, and spell your last name, please. Christoph: Madam Mayor, it's Ann Christoph, and it's 1333 West Yosemite Street. I live in Baldwin Park. My concern is access to the addition. Right now, we just have one access road. I don't know what all the other plans are, but I'd just like to find out a little more about it. De Weerd: Thank you. We will ask the applicant to respond, if there is no further testimony. Is there any other testimony? Arnold: In my haste to be -- again, for the record, Steve Arnold. In my haste to request for clarification on those items, it was Number 8 and 12, not 7 and 13. 1 stand corrected. Currently that is correct, the main entrance into Baldwin Park Subdivision was off of -- or it was -- I believe it was -- well, off Linder, but the name of the road is -- slips my mind. Monument Street. That's the main entrance into the sub. There is a Proposal north of us that will have a secondary connection that will have an out and that subdivision -- I forget the name of that. Powell: Cobblefield. Arnold: Cobblefield. Names aren't doing me too well tonight. The other is to the east of this ten -acre parcel. We are going to connect into Cedar Springs. Actually, with the additional -- with this addition that we are adding with that ten acre piece and with what's going on to the north, we will have more than one access in and out of the subdivision. Essentially, this will allow -- the additional portion will allow a second access into the site. De Weerd: So, Steve, what will the total number of homes be? Meridian City Council February 10, 2004 Page 24 of 30 Arnold: We are adding 39 and there is 70 -- 71 total here. There were 272 originally approved. I think we added five in the original 80 acre parcel, so that would bring it up to 277, roughly, and, then, you add the 39 to the south, that takes it well above 300 and some odd lots. I can't do the math right, but -- but based on the access points that we have, the residential collector within Baldwin, we are well within all acceptable thresholds that ACHD has. Again, they have reviewed this for access in and out of the subdivision and they have approved the layout and the design, so -- and I believe you have that as part of your item packet, so -- De Weerd: So, Anna, are those applicants -- I know Cedar Springs is already approved and I don't know what phase that connection would be, but the application to the north, is that in process or has that been approved as well? Powell: Cobblefield One has been approved and they do have access going north. Cobblefield Two replats the entrance road, I believe. I believe, because that was their only access -- or that was their secondary access in Cobblefield One, so I think there is an existing access there now. They came through -- they have been through Planning and Zoning Commission and are headed toward you for their preliminary plat approval of Cobblefield Two. Cedar Springs -- I believe those phases of the plat -- they are all shown here, so I think that they have gone through Public Works at this point. And, then, they just recently got Venable vacated, which was one of the things that they had to do for their Final Plat. I'm pretty sure that they had -- I believe this applicant, if there is right of way, also needs to go through the vacation application -- vacation process with the city and ACHD as well. There may be some question as to whether there actually is right of way and the condition of approval, as worded from ACHD, gets them the latitude to figure that out and, then, go through the process if need be. Those accesses are there. The Venable access is constructed as a half plus 12, 1 believe, currently. De Weerd: Okay. Arnold: Madam Mayor, if I may add, too. We are providing stubs to the -- excuse me, to the west and to the south. We are aware that there is a developer working on the property to the south of us and I'm sure you will be seeing that pretty soon. Directly to the south we are anticipating that we will have access out to Ustick here fairly soon. Powell: And to further comment on that, they have been in for a couple pre -apps already, so, yes, we do anticipate that as well. De Weerd: Okay. Any questions for Council? Thank you, Steve. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 10, 2004 Page 25 of 30 Bird: Hearing no more discussion, I move we close Public Hearings AZ 03-033 and PP 03-038, both of them for Baldwin Park Addition. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Items 14 and 15. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I know we closed the Public Hearing, but if I could just ask, staff one question about this additional piece. I mean this addition that's on here, this doesn't change any of the other -- this doesn't impact -- there is already the green space and all of the other things they have already done for this, this was already just -- like you stated earlier, just part of what was anticipated as -- of this addition because of how the lots have sort of adjusted along the way, this doesn't impact anything else. Powell: Yes, sir. I made sure that staff went through and double-checked the open space requirements for Baldwin Park. I believe they were quite a bit over their required open space, so -- Nary: Great. That's what I remembered, but thank you for clarifying that for me. De Weerd: Any further questions? Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 03-033, Baldwin Park Addition, to include all staff and applicant comments, specifically items eight and 12. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-033 for Baldwin Park Addition. Is there any further discussion? Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Merldian City Coundl February 10, 2004 Page 26 of 30 De Weerd: Thank you, Mr. Clerk. Okay. Item 15, PP 03-038. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 03-038, Preliminary Plat for Baldwin Bark Addition and to include all staff and applicant comments and for the attorney to draw up the proper papers. Rountree: Second. De W eerd: It's been moved and seconded to approve PP 03-038 for Baldwin Park Addition. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Item 16. Public Hearing: PFP 03-004 Request for Preliminary / Final Plat approval of 2 building lots on 3.775 acres in a C -N zone for Cherry _Crossina Commercial Subdivision by Hawkins Companies — northwest corner of West Cherry Lane and North Linder Road: De Weerd: Okay. Item 16, Public Hearing PFP 03-004 for Cherry Lane Crossing Commercial Subdivision. We will open the Public Hearing with staff comment. Powell: Madam Mayor, Members of the Council, this is a slight rework of Cherry Crossing. Once again it just highlights the inability or our zoning ordinance to accommodate site modifications to planned developments, but what had happened -- when the original plat was approved, there was one large lot in the front of the development and two small lots in the back, so there was three lots. They did a lot line adjustment to get two lots to the front to accommodate, I believe, the Pizza Hut development and, then, they were left with one large lot in the back. This is now an application to divide that one large lot. It is completely consistent with the way it's built and constructed out there and with the lot line adjustment, they accommodated this subdivision -- or anticipated it when they did the lot line adjustment in the development. Here is the landscaping plan. At the Planning and Zoning Commission, the applicant's representative Brian Huffaker testified in favor of the application. No other testimony was given. There was no substantive changes to staffs initial recommendations and there are no outstanding issues before the City Council that we know of and with that scenario it came to you, of course, with a recommendation of approval from the Planning and Zoning Commission, so -- Meridian City Council February 10, 2004 Page 27 of 30 De Weerd: Thank you, Anna. Any questions for staff? Okay. Is the applicant here? Please state your name and address and spell your last name if you would. Aguilar: Madam Mayor, Members of the Council, I'm Jessica Aguilar, with Hawkins Companies business address 8645 West Franklin Road. I'm here on behalf of Brian Huffaker, who could not attend this evening and we are in concurrence with the last set of comments we have received from staff. We have addressed the site specific comments that were provided and have resubmitted that to staff and the clerk's office and look forward to your approval. De Weerd: Thank you. Any questions for the applicant's representative? Okay. Thank you. Okay. Is there any further testimony? Seeing how our city attorney's assistant and the ACHD representative have no comment -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close Public Hearing PFP 03-004, Cherry Crossing Commercial Subdivision. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing for Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Discussion? Or motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we approve PFP 03-004, Cherry Lane Commercial Subdivision. Attorney to draw up the proper papers. Rountree: Second. De Weerd: I is been moved a nd seconded to approve P FP 0 3-004 for C herry L ane Crossing Commercial Subdivision. Mr. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES Meridian City Council February 10, 2004 Page 28 of 30 Item 17. Public Hearing: AZ 03-027 Request for Annexation and Zoning of 140.25 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Item 18. Public Hearing: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: Item 19. Public Hearing: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for f rontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saguaro Canvon Estates Subdivision by Farwest, LLC — north side of East McMillan Road and east of North Meridian Road: De Weerd: Okay. Items 17, 18, and 19. 1 will open the Public Hearings on AZ 03-027, PP 03-032, and CUP 03-058 for Saguaro Canyon Estates Subdivision and I will open the Public Hearing, but it has -- Nichols: Madam Mayor, if I may. Madam Mayor, Members of the Council, I believe they are submitting -- and it has to be renoticed, because the property description changes because of the addition of a small strip or some additional ground. Powell: Yes. I didn't point that out. Nichols: So, you know, even though you have opened them, I mean it's going to be renotice and -- De Weerd: Okay. Nichols: -- opened, as I understand it. De Weerd: Okay. I will withdrawal that. Bird: We just table these or deny it or -- Powell: I believe just the annexation needed to be renoticed. Well, no, it would have been the Preliminary Plat also. Bird: The whole thing. Meridian City Council February 10, 2004 Page 29 of 30 De Weerd: Okay. Well, we will just ignore Items 17, 18 and 19, and we'll be renoticing the three items for Public Hearing AZ 03-27, PP 03-032, and CUP 03-058, to be renoticed. Bird: To March 9th De Weerd: It will be renoticed, so I don't think a date needs to be stated. Okay. Nary: But if it did, it would be to March Stn De Weerd: But if I had to choose a date -- Powell: I believe the notice has already been sent out. The redo notice has already been sent out by the Clerk's Office. We are pretty safe on the March 9th. Just for the record, since it's an unusual word, it is Saguaro. The G is silent. De Weerd: It's what? Bird: Saguaro. Powell: Saguaro. Kind of that Saguaro kind of thing. It's that big cactus with the big arms. I like to call it Saguaro just to bug them, but it's Saguaro. Item 20. Executive Session. De Weerd: Okay. Well, next time we will only read it by the application number. Okay. We are on item 20, Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: I is b een moved a nd s econded t o c onvene i nto E xecutive S ession. M r. Clerk, will you call roll. Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. (ENTER INTO EXECUTIVE SESSION) Merldian Clty Council February 10, 2004 Page 30 of 30 (RETURN FROM EXECUTIVE SESSION) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Nary: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: No decisions were made. Okay, any further items of business? Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: We did receive a memo or a letter today from the Ada County Highway District requesting our input or support on a bill that's before the legislature now regarding disillusion of highway districts in making the state law provisions more in line with the method that's used to create single -wide county highway districts. It appears to be a pretty reasonable legislation to me. If the rest of the Council is of mind, we ask that you — if you would also agree that you prepare a letter of support to be sent to the members of the Committee. The other governing agencies for cities as well as all of our district representatives and if each of the Council members is willing then we would sign off for both yourself as well as the Council. Bird: Is that a motion? Nary: Yes. Bird: I second it. De Weerd: It's been moved and seconded. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Just a couple of housecleaning items. Have you all submitted bios to Peggy for inclusion on the website? Bird: Didn't know we were supposed to. Rountree: I guess — I am not sure I want to -- De Weerd: Charlie? Meridian City Council February 10, 2004 Page 31 of 30 Rountree: -- some of the crazies we got out there. De Weerd: You can put any kind of little blurb you want on there. Its just — if you would write it on w hat you would like — you can j ust have your name if that's what you so desire. Rountree: Why don't you create a format, so they all four or five look about the same? Bird: So they look about the same. De Weerd: Why wouldn't I have done that before you all came here in different colors had your hands currently — Nary: Madame Mayor. De Weerd: -- the lack of consistency in bios would show the consistency in the photo. Rountree: You didn't tell me I was supposed to wear any particular clothes. Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: Maybe what we could do is submit as you suggested that we submit what information we'd like and however your office edits them and puts them on the website so they do look at least somewhat uniform is fine. De Weerd: That sounds good. Or would you prefer some form? Bird: How many letters do we get? Maybe I want to sit down and write about a six - pager. De Weerd: Well, it will be edited. Now, do you want to go with this picture or would you like to have — Bird: Is that number four? De Weerd: Yes. Or would you like to try it again and have our hands all the same, you know, we won't make Shaun stand so far away from us. Nary: It's just fine. De Weerd: We'll have Charlie button his coat. Bird: And get my lapel straightened. Merldian City Council February 10, 2004 Page 32 of 30 Nary: It's fine. Bird: It's fine, put it up. De Weerd: Well, it's already on there, but we can at some point do this again. Is that correct? (Laughter ------ De Weerd: Okay, we will talk about another date for a photo, but for now we will stay with what we have. The State Leadership Prayer Breakfast is March 20th. In the past, we have all gone together. Would the Council have an interest in that? Bird: The prayer breakfast? De Weerd: The State Leadership — that's a Saturday morning. Bird: I am buying a table, so if you can find ten people to go. De Weerd: Okay, well — Bird: I'll buy the table — De Weerd: Council — Bird: How many want to go? We will buy two if we have to. De Weerd: I'm going. Bird: Can you go? Rountree: When is it? Bird: The seventeenth. It's on a Saturday morning. Nary: It's the twentieth, isn't it? Wardle: Madame Mayor. De Weerd: Shaun. Wardle: Madame Mayor, let me double check my schedule. Nary: It's the twentieth. Meridian City Council February 10, 2004 Page 33 of 30 Bird: It's for spouses. Wardle: You have got to understand my wife, we are really out the door early on Saturdays —we are out the door at 10:00. (Laughter) Nary: I will check with my wife as well, Madame Mayor and let you know. De Weerd: If you will let Peggy know. Bird: I will buy one table and then if we need two we'll get that. De Weerd: The Mayor's Prayer Breakfast here in Meridian is Wednesday, March 319E That's in the a.m. I don't know if it starts at 6:45 or 6:30. Bird: 6`.45, 1 think. De Weerd: Have you all responded back about Council shirts? Nary: We talked last week about if you'd like a shirt or vest or something else there is — or Peggy will have the catalogue, so just let her know, advise her of what you would like. Wardle: I will talk to her tomorrow. Rountree: I haven't talked to her. De Weerd: Would you please do so so we can get those ordered. At least that we have shirts for the AIC conference and if you want to dress. De Weerd: It was Bill's opinion that they don't need to all be the same color, but it is kind of nice. Rountree: Then tell us what color you want them to be. Bird: Okay, then let's do like we always do. Pick out your color whatever color you want as long as it's blue or gray. De Weerd: Okay, pink. Just not white. Bird: White's pretty good. Makes us look a little bit more fluffy. Talking about that I got a call from a Blue Cross Nurse and they want to put me — you know I have got that congestive heart failure in the lower part of my heart so they want me to do this diet thing. They have a scale that you plug in to the telephone line and you plug into the Meridian Clty Council February 10, 2004 Page 34 of 30 deal and every morning when you getup you step upon it and that all goes to her computer over at BC. De Weerd: I just wanted to remind you that the retreat next week begins at 8:30 and so it is at the Police Station. We thought maybe the MDC can be done by then or put Hudson the same presentation and (inaudible) on the last part of the MDC agenda. So, if you will give me a motion to adjourn, I'll take your sizes off the record. Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY DE MAYO DATE ATTESTED: G. o 4- ,\itruuu{r�nrr'1 i SEAT, 1S4