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Sept 10 & 24, 2002 City Council MerKlian city Council Meeting September 10,2002 Page 4 of 27 MOTION CARRIED: ALL AYES ItemS: Continued Public Hearing from August 6, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Thank you, Item Number 8 is a Continued Public Hearing from August the 6th, proposed Comprehensive Parks and Recreation System and Action Plan. Mr. Bird. Bird: Mr. Mayor, we are still waiting for some finalization and some passage of some impact fees. I suppose we could go ahead with the Comprehensive Parks and Recreation Action Plan without the fees. We will probably have to have a Public Hearing for the fees, am I not right, or -- maybe we should pass the fee Public Hearing first before we do the Action Plan. I don't know. I'd like legal counsel's advice on what we should do on that. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think it appropriate that you have the Parks Department prepared to make a presentation on the proposed action plan at the hearing. There are elements of the plan that are related to the factors that go into the revised park impact fees that the Parks Department has been working on, so this is really the first step that we really do have to do that, but it's kind of which is the chicken and which is the egg and probably best to table this -- or, excuse me, continue it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With that I move that we continue the Public Hearing for the Comprehensive Parks and Recreation System and Action Plan to September 24, 2002. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 9: TE 02-004 Request for a Time Extension on the final plat approval of Bear Creek Subdivision No.4 by Briggs Engineering - east of South Stoddard Road and north of West Victory Road: Corrie: Number 9 is a request for Time Extension on the Final Plat approval of Bear Creek Subdivision NO.4 by Briggs Engineering, east of South Stoddard Road and north of West Victory Road. Staff, reason for the request. Meridian City Council Meeting September 24, 2002 Page 10 of 53 Corrie: Okay. Motion has been made and seconded to approve the Wastewater Pretreatment Fees and Adjustments. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Would that also include to have the attorney draw up the resolution -- McCandless: Yes. Bird: -- with the changes as noted by Mr. Watson? McCandless: Yes. Bird: Okay. Second agrees. Corrie: Motion made and second. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 7: Continued Public Hearing from September 10, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Item No. 7 is a continued Public Hearing from September 10th Proposed Comprehensive Parks and Recreation System and Action Plan. Mr. Bird. Bird: Mr. Mayor, I see no reason, unless the rest of the Council people have any problem -- I do not know why we cannot proceed on with adopting the comprehensive plan. We have had numerous testimony, which everybody has got a record of, and what we were waiting for was getting the new impact fees, which have to come through another process anyway, that really, basically, isn't part of the Parks a nd Recreation Comprehensive Plan, as I understand. Is that right? So I would like to proceed with it and get it adopted. I mean I have no questions on it. I thought that the Parks and Recreation Commission did a very good job of presenting. I went back through all our old minutes and with the plan and everything, I think it's definitely a workable item for us and I think it's something that we need to get adopted and proceeded with. Corrie: Okay. With that being said, I will 0 pen the continued Public Hearing on the Proposed Comprehensive Parks and Recreation System Action Plan and at this time I will invite staff if they have any comments, other than that -- okay. Is there anyone from Meridian City Council Meeting September 24. 2002 Page 11 of 53 the public that would like to issue further testimony in this? Okay. Hearing none, Council, your pleasure on closing the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Before we do I just had one question and, David, I don't want to put you on the spot, but it's a little hazy to me, but I remember when we had this discussion awhile back about this plan, there was some comments from Planning and Zoning that -- I don't know if incorporated into that plan -- it would appear to me we need to incorporate those additional comments into what has already been presented to us as part of the plan. Is that correct? McKinnon: Councilman Nary, Members of the Council, Mr. Mayor, many of the comments that we had from P&Z were of a clerical nature correcting some errors. Some of them were clean-up language regarding sentence structure and some ordinance compliance with the ordinances that we have in place right now and I would suggest that those be included as well as an addendum to the proposed park plan. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Also, as I recall, there was some comment between the parks and the Planning and Zoning regarding our Comprehensive Plan locations of parks and stuff, too, that I think was incorporated between the two of them. Am I not right on that, David? McKinnon: That's correct. In fact, there was a note that was placed on the Comprehensive Plan before it was adopted to say that those items could float. Bird: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Two items that were -- that I believe the staff before the Parks Department worked on. One was that there is a pathway committee recommendation out there somewhere that was just to be referenced and not appear in detail in this comp plan, so there was a little bit of language to change, as well as they did some language change to partnering with the school districts, but I can't find the notes or memo that was written in regards to that and I do believe -- I remember seeing it and I just couldn't find it in my material at home and it's not in the material that we have in our packets. Meridian City Council Meeting September 24, 2002 Page 12 of 53 Bird: It's back in the -- I believe I found it in the March 12th minutes. De Weerd: Okay. But it's not in here. Bird: It's just -- yeah, it is in here. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe what we can do -- because I would agree with Mr. Bird that we probably need to move this item along, instead of continuing it forever -- and, Mr. Nichols, on this particular item would we need an ordinance to approve it or a resolution -- we need some other action, but-- Nichols: Councilman Nary, Mayor, Members of the Council, we do have to adopt the plan in accordance with the impact fee statute and even though I looked at it again today, I can't remember off hand whether that's a resolution or ordinance, but it would be a specific Council action that would be required to do that and then -- it may well be just by resolution, but there would be a specific action required to adopt it and I -- Nary: So what we could do tonight would be to approve the plan with the additional comments and then request between Parks and Planning and Zoning that a completed plan that would be a part of whether it be resolution or ordinance, be brought back when the impact is brought, so we have a document that we have passed is the document the public would see and not a piece of a part that we are talking about now. Is that correct? Nichols: Councilman Nary, Mayor, Members of the Council, it's always a great idea to have the final document in one piece and not to have an addendum of some sort, because it's something you want to be able to give out to developers and those that are impacted by it. So would suggest that it's best to have it in one piece. Nary: I would move we close the Public Hearing. Bird: Second. Corrie: Motion made and seconded. Any further discussion? All those in favor? All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Bird: Mr. Mayor, now we are going to pass on it and -- Meridian City Council Meeting September 24, 2002 Page 13 of 53 Nary: You c an move to approve ita nd t hen a sk for t he final completed with a II the comments included in one document will be brought back and -- we can approve the plan as presented, but then we ask for the final document and the further resolution or whatever final action we have to take with regards to that. We don't have to continue having hearings on this, but with all the notes and with all the comments from Planning and Zoning and all that. Bird: And the pathway committee and that kind of stuff. Nary: Right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we have no more discussion, I would move that we approve the Comprehensive Parks and Recreation System Plan as presented and to bring forward comments from staff, pathway committees, to be incorporated in it and give the final draft of it, so that we can then pass on a resolution or ordinance for what we need to do. Nary: Second. Corrie: That's kind of open-ended there. Bird: Yeah, it is. Corrie: We have a motion been made and seconded. Is there anymore discussion? Bird: It's open. Corrie: And then we got a person over here that got it all. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 8: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard ofresidence from N MID a ccess road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: Corrie: Item No. 8 is a request for appeal to allow a gate on a rear property line for access to rear yard for residence from NMID access road behind lot for Todd - is that Burlile?