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HomeMy WebLinkAbout1997 09-16 MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 16,1997 -7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X WALT MORROW X GLENN BENTLEY X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 2, 1997: (APPROVED) X CHARLIE ROUNTREE X RON TOLSMA MINUTES OF SPECIAL MEETING HELD SEPTEMBER 3, 1997: (APPROVED) 1. TABLED SEPTEMBER 2J 1997: ORDINANCE #760 - COMMISSIONS, BOARDS, COMMITTEES: (TABLED UNTIL OCTOBER 7,1997) 2. TABLED SEPTEMBER 2, 1997: ORDINANCE #761 - TRAFFIC SAFETY COMMISSION: (TABLED UNTIL OCTOBER 7,1997) 3. TABLED SEPTEMBER 2, 1997= PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: (CONTINUE PUBLIC HEARING UNTIL OCTOBER 7, 1997) 4. TABLED SEPTEMBER 2, 1997: FINAL PLAT FOR CROSSROADS NO.6 BY RAMON AND MARILYN YORGASON: (APPROVED) 5. ORDINANCE #773 - MICHENER REZONE: (APPROVED) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: (APPROVE FINDINGS; APPROVE DECISION) 7. ORDINANCE #774 - CHERRY LANE BAPTIST CHURCH REZONE: (APPROVED) 8. ORDINANCE #775 - VACATION OF GENTRY WAY: (TABLED UNTIL OCTOBER 7, 1997) 9. ORDINANCE #776 - BUILDING & PLANNING AND ZONING DEPARTMENT: (TABLED UNTIL OCTOBER 7,1997) 10. RESOLUTION #166 - AMENDING AP A ARTICLES OF AGREEMENT: (APPROVED) 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN CHURCH: (APPROVE FINDINGS; APPROVE DECISION) 12. FINAL PLAT FOR DEVLIN PLACE SUBDIVISION, 43 LOTS BY D.W. INC.: (TABLED UNTIL DECEMBER 2,1997 AT DEVELOPERS REQUEST) 13. PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TilE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: (CONTINUE PUBLIC HEARING TO OCTOBER 7, 1997) 14. PUBLIC HEARING: REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR A DAY CARE FROM JERRY COBLER TO MUHAMMAD SABIHA ALI-1155 E. CHATEAU: (APPROVE TRANSFER) 15. REQUEST FOR A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY BY VANGUARD MILITARY ACADEMY: (APPROVE FINDINGS; APPROVE DECISION - DENIED) 16. REQUEST FOR A CONDITIONAL USE PERMIT FOR A COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK BY FIRST SECURITY SERVICE CO - BRYCE REYNOLDS: (APPROVE FINDINGS; APPROVE DECISION) 17. REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: (APPROVE FINDINGS; APPROVE DECISION) 18. REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY) BY AVEST LIMITED PARTNERSHIP - LOT 9, BLOCK 1 AVEST PLAZA SUBDIVISION: (APPROVE FINDINGS WITH AMENDED EMERGENCY ACCESS ROAD LOCATION; APPROVE DECISION) 19. PARKS & RECREATION COMMISSION ADVISORY REPORT: 20. SITE PLAN REVIEW OF TREASURE VALLEY BAPTIST CHURCH PARKING LOT PLAN: 21. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS FOR TULLY PARK IMPROVEMENTS: (RE-BID PROJECT) 2. TRANSFER EASEMENT TO SETTLERS IRRIGATION: (APPROVED) B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. DESIGN REVIEW FOR THE LAKE AT CHERRY LANE NO.7: D. WALT MORROW, CITY COUNCILMAN: 1. PROBLEM WITH IRRIGATION DITCH BETWEEN DORIS BARRETT AND MIKE SCISCOE: 22. EXECUTIVE SESSION: MERIDIAN CITY COUNCIL SEPTEMBER 16, 1997 The regular meeting of the Meridian City Council was called to order by Mayor Robert. D. Corrie at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Chief Gordon, John Shipley, Clifford Babbitt, Tammy DeWeerd, Dennis Hammer, Muhammad AIi, San Fishel, Bob Aldrege, John Wardle, Cheryl Wardle, Dorris Barrett, Keith Bird: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 2, 1997: Corrie: Any corrections or alterations of those minutes? I will entertain a motion for their approval as written. Rountree: So moved Tolsma: Second Corrie: Moved and seconded we approve the minutes of the previous meeting held September 2, 1997, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING SEPTEMBER 3, 1997: Corrie: Any corrections or alterations of those minutes? If not I will entertain a motion for their acceptance. Bentley: So moved Rountree: Second Corrie: Motion made and seconded that we accept the special meeting minutes of September 3, 1997, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED SEPTEMBER 2, 1997: ORDINANCE NO. 760 - COMMISSIONS BOARDS, COMMITTEES: ITEM #2: TABLED SEPTEMBER 2,1997: ORDINANCE NO. 761 - TRAFFIC SAFETY COMMISSION: Meridian City Council September 16, 1997 Page 2 Corrie: Council, hopefully we will be able to get those done by the next meeting October 7, we still have a few things to tweak. Are there any questions about that at this point. If not I will entertain a motion for table. Morrow: Mr. Mayor, I would move that we table Ordinance No. 760 and 761 until our October 7th meeting. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table item #1 and item #2 until the October 7th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 2,1997: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: At this time I would like to have Shari give us, you gave us some information and also the City Attorney to give us some information on this preliminary plat. This was a public hearing and I think we got some more information and I guess the question was raised Counselor whether that needs to be in a public hearing to present that preliminary plat. Shari do you want to bring that to the Council's attention and see where we are here and let them make that decision. Stiles: Mr. Mayor and Council there was some question about the ground water problems out there. The applicant has submitted new information. I think what Bruce Freckleton wanted to happen was that we hold another public hearing next month so that this information is officially entered into that record. That was the advice of the City Attorney that we would hold another public hearing on October 7 which would also be a public hearing on the variance for the plat at that time. Crookston: That is correct, the information I obtained from Bruce Freckleton was that there were soils testing and water testing that basically indicated that what Mr. Shipley was indicating to the City was in fact true and that the water levels were in fact higher. Mr. Freckelton indicated to me that in some cases the water was higher than the ground level was. We asked for the additional testing to be done and that is what came back as doing. We thought it was correct to have those tests and proposals entered in written record to have any comments made those parties interested that being the applicant or Mr. Shipley or anybody else. After they had that information then they can submit additional testimony to the City CounciL If necessary that may require additions to changes of the existing findings of fact and conclusions of law. Morrow: I guess my question would be did we in fact close the public hearing or was it continued? Meridian City Council September 16, 1997 Page 3 Corrie: Going back through the record Mr. Morrow we have closed the public hearing. Morrow: I guess the point I want to make there in the future to keep these delays from happening is that we darn well better be continuing the public hearing so that we are not continually inconveniencing the folk coming to the meetings and the staff that are preparing the private sector preparing the reports because basically if I am understanding counselor right that this going to get tabled tonight with no input because it is not a public hearing and not noticed as a public hearing. So I guess what I am recommending is that if there is going to be delays in the future on any subject that we continue the public hearing rather than close the public hearing and that way things become part of the public record in a timely manner. So that we can clear these things one way or another. Corrie: Any further comments? Rountree: I support that, we should be looking at that in terms of convenience and I believe we need to establish the public hearing for this again and make it (inaudible) for the variance request. Corrie: I agree, that is one of the reasons I hesitate to close the public hearings too early because with comments because this very thing comes up. This is all the way back to August 5th and information keeps coming in. So you are right we need to do a public hearing on that. If there are no further comments I will entertain a motion to table this until October th for a public hearing and at that point probably (inaudible). Crookston: We need to have time to publish that notice and make sure that we have time, we have to publish it 15 days prior to the time that we actually have the hearing. Corrie: Becky, you want to say something, I will give you a chance here. Bowcutt: We would just like to make a statement that we were heard on the 5th of August, we were deferred because approval could not be made on the preliminary plat until such time as the ordinance for the annexation was acted upon. While I happened to be out of town some questions arose. We received a fax from the City stating we have three questions could you please provide us with some additional reports, get us some answers to these questions get it back before the City Council. We have diligently been working with the City, I have been coordinating with Mr. Shipley over the phone. He asked for the letter from my client, I did go get the letter from my client. We have done everything that has been asked of us and now the question arises we can't submit the information that the City Council told us to go get two weeks ago or four weeks ago because of this public hearing issue. I have been in many public hearings over the past seven years. The County Commissioners, the Boise City Council they, it takes a majority vote to open up the public hearing or to open up the public record to submit information. I have seen them hold the public record open just for one particular item such as a traffic study. It is not unusuaL I went through the Idaho Code looking for Meridian City Council September 16, 1997 Page 4 something that would say that you can't open the hearing. This was a deferred item, it was deferred in the public. The parties that are interested are here, myself, my client, Mr. Shipley. In the Idaho Code it says you shalf conduct the governing board shall conduct at least one public hearing using the same notice and hearing procedures as the commission. I looked in your ordinance and it repeats the same verbiage. Then I turned to I think section 9-604E 6 it says the Council shall approve with conditions, deny or table the preliminary plan, development plan. If the preliminary plan is tabled it may be reconsidered by the Council within 45 days of the public hearing. Then the administrator shall notify the applicant of the Council's action. Today is the 42nd day. So if you can reconsider the action on an application but you can't make a vote to open the hearing to submit three pieces of information that were requested. I guess I find that unusual. I respect the Council's wishes, if they feel that this is inappropriate. I just feel that this has gone on quite a long time. We have provided the City with two reports on this ground water, one was submitted with the application. I am told by the City staff one individual in particular that they cannot find it yet it was submitted because it was required. We submitted that one again we submitted a second one by another independent firm. I feel that we kind of have been run through the ringer. We have jumped through a lot of hoops and we are trying to lay this out so we can show this is viable. I would like that opportunity. Thank you Corrie: Thank you Becky. Counselor, is it still your opinion on the public hearing? Crookston: I believe that from what Bruce Freckleton indicated to me that the changes in the soil testing and the water analysis are facts that were not presented at the previous public hearing. The people need to have an opportunity to see those and hear those and have any type of response that they desire to present as Mr. Morrow pointed out we closed the public hearing and I think that is the big problem. I don't know how the other cities or the counties do that. As Ms. Bowcutt indicated that they hold public hearings open for one or two items if it is held open for that period and everything else is closed then you can have those one or two items resubmitted because the public hearing was not closed as to those two or three specific items. But I don't think it is appropriate to allow additional testimony into the record that those parties in opposition have not even had an opportunity to hear or see. So I think that it is appropriate to hold another public hearing for submission of that evidence. And any testimony relating thereto. Corrie: The City Clerk has told me that we can get it in the paper tomorrow that the ylh of October can be a date. Council discussion? Rountree: Could we not open the record tonight, take the testimony, leave the hearing open, notice it, close the hearing at the end of next meeting, take action along with opening and taking testimony on a variance and take action on that. At least what Ms. Bowcutt is saying that by no action the information exchange is one of their willingness to exchange it with Mr. Shipley as opposed to providing it with the rest of the public who might be interested tonight. Making that information available through the fact that the Meridian City Council September 16, 1997 Page 5 hearing has been reopened for the 15 or 20 days that it is noticed then the hearing closes next week or in two weeks or three weeks. Crookston: I think that is a possibility but I do not think that it is a good idea. Because you are going to have that additional hearing let's say on October 7th anyway, I think you are much better off because of the notice provisions that we have to meet I think we are much better off to have all of the testimony submitted at that time. We don't know who wants to testify about this. We believe that Mr. Shipley might testify. We probably know that Ms. Bowcutt might testify but we don't know anybody else that might desire to testify. We may not have any others testify. But there is the possibility that there are other people that desire to testify. Rountree: And they could at our next meeting. We could get their testimony this evening at least on the record. Crookston: I don't like that procedure because nobody has any ability other than these two people that are here tonight and someone might want the ability and they are allowed to testify later that is true. But even these people don't have I am not aware of have the testimony or the evidence about the water and the soils testing. Bentley: I appreciate Councilman Rountree and what he is trying to do and speeding this up. But the one problem I see with it is maybe somebody comes in and testifies at the next meeting and would like to make comment on what was said tonight. I think it works better if we got it all done at the same time so that it could raise their questions out of what Mr. Bowcutt or Mr. Shipley might have to say. I would like to see us catch up the time we are losing but I don't know how we can do it. Morrow: Mr. Mayor, I guess from my perspective the request here originally was for technical data, it was back up it was support data. In the public hearing forum data was asked for based on that testimony. It appears to me unless we have some mechanism for bringing this to closure any time the Councilor the staff asks anybody for back up technical data that we are going to suffer through the current mess that we are currently in. So it would appear to me that I am in agreement with both of my colleagues here. Councilman Rountree's position with the fact of opening up the record and allowing the data to be submitted. Mr. Bentley's position with respect to having it obviously heard on the 7th for public hearing input needs to be done this time. I don't know that in the future when we are asking as a City for technical data that it needs to be part of another public hearing or a continued public hearing. If we are gong to adopt that methods then obviously we are never going to bring anything to closure with respect to getting something done. It seems to me that the essence of the public hearing process is to determine whether the concept is general is acceptable or not to the public. And that technical details that are required in terms of making something work are not in fact criteria to decide whether it is acceptable or not acceptable. So I would favor at this juncture allowing the submission of the information so that at least our staff during the next two weeks or three weeks can be working on the data that has been submitted and Meridian City Council September 16, 1997 Page 6 not yet delay this until the middle of October for the approval process because the staff doesn't get to see the material until the morning of the 8th of October. Corrie: Let me ask you a question if I might Becky, is the information tonight is it based upon what we have here this afternoon or is there more? Just this or more? Bowcutt: (Inaudible) Corrie: Any further discussion? I will entertain a motion any way you want to go here folks. Morrow: Mr. Mayor, my motion would be to open up the hearing to allow testimony by the developer, the developer's representative and Mr. Shipley. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to open at this time to receive information by Briggs Engineering and anyone else that would like to discuss this at this time with the understanding that we will have the public meeting on the yth as well. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt Thank you, as I was saying I appreciate the opportunity so in the event the City Council has some questions then that provides us with some opportunity to have additional answers on the yth so we appreciate that Three things were asked of us, number 1 we did submit a report from Jason Kelly. He is a geotechnical expert it was submitted in the original preliminary plat application. However a staff member of public works department says he could not find it. This was done in November of 96, since that time we have monitored those test holes. Mr. Kelly did it for a period an then Kleinfelder who is another geotechnical hydrological company went through and monitored those test holes. We had some unusual reads on some of the test holes. There is a total of nine that are situated around the site. There is one right here (inaudible) we had some unusual test results in the irrigation months of June and July and some of the test holes that were out in this area. When I discussed this with Mr. Bastian of Kleinfelder he said he believed that some of the correlation between these was due to irrigation. We decided after getting feedback from City staff to go out and go dig some more test holes. So we went out on last week and (inaudible) in place with the monitoring (inaudible) this appears to be the problematic area according to Mr. Shipley (inaudible) This particular test hole right here we went down ten feet no ground water was encountered here. There were good sands, course gravel were encountered We dug this one right here by the Nine Mile Drain to kind of gage what is the interference we were having (inaudible). This particular test hole we encountered water about five Meridian City Council September 16, 1997 Page 7 feet. It just comes out when you are down ten feet you can kind of see it seeping out the edge. So what is happening according to Mr. Bastian is we are seeing some migration here from that (Inaudible). This particular test hole here is Mr. Shipley's property, it was pretty much consistent with this one. It was a little bit shallower where we found some ground water, it started seeping out the side 4 feet and 6 inches. There are ditches one is (Inaudible) there are two drainage ditches that run parallel on our side. Those ditches are full of water, Mr. Bastian and I walked those ditches, looked at them. I said what is your opinion here sir, and he said my opinion is the fact that the water in these ditches isn't moving, it is just standing there. These ditches need cleaned severely. Now if that ditch was say piped or done away with if that is possible then would we have the same problem that we are encountering here down the road. He said no I believe that interference what is causing it is it is running across a layer and it only comes out about around that 50 to 100 foot mark and then it is gone. So we are giving you a little bit of interference right through here. We dug this test hole here which is probably 168 feet from Mr. Shipley's property no ground water. So and this one here as I mentioned before was fine. So I think what we are encountering based on our observations out there and Mr. Bastian's we're getting some leakage right here in this area when it comes out of the box, those boxes they tend to leak it is a given fact. It comes down here and then we are getting some interference right in this vicinity. If you had a band right through here. My question to Mr. Bastian is this a severe problem. His answer was no. I said now can things be done, what remedies would you recommend. He said one you can pipe the ditches. Obviously the problem goes away. Or if you can abandon the ditches if they are not necessary. Secondly he said you can go in and put a cut off trench is what they call it when they put in some drain rock and some (Inaudible) geotechnical fabric along there and that intercepts the ground water. That ground water if it does comes this direction from these irrigation ditches then it can pick it up, move it over right to the Eight Mile Drain put it at a gentle slope it would be subsurface about 7 feet. Underground, low maintenance, very little maintenance if designed appropriately. The other thing is we can put a perforated pipe to take that water down go here or you can install drain rock around foundations. But we just basically see a problematic area right here. The other issue that was listed in the memo was concerning the sewer. The question I believe it was addressed on Mr. Stoppello's easement. I have met with Mr. Stoppello again, this is about the 3rd time. We are trying to hammer out some type of an easement agreement that he can be satisfied with. He gave me a new list of things he wanted changed as far as the language was concerned and how the City typically writes those agreements. The question was asked by Mr. Morrow in the public hearing originally if you cannot get this easement from Mr. Stoppello or it becomes impossible do you have an alternative or have you looked at what that alternative is and is it viable? To answer Mr. Morrow's question we did go out, we shot inverts, we shot topa and if the sewer was extended from Locust Grove at East Time Zone which is Los Alamitos extended south down Locust Grove through our project to Victory Road the depth of the sewer would be 15 feet at Victory Road. If we go through Mr. Stoppello's the depth of the sewer is 12. So by going down Locust Grove if that was the only alternative available because of lack of cooperation from Mr. Stoppello the sewer would be 3 feet deeper. So, as far as would that hurt the Meridian City Council September 16, 1997 Page 8 City's capacity as far as future service to the south. No, going down Locust Grove according to our design it would enhance the sewer's capability to the south. We did double check our figures, I had them do it twice to verify that no mistakes were made. The third issue was the variance. The variance has been submitted as just to refresh your memory we requested a variance for tiling of Ridenbaugh Canal, Eight Mile Lateral and the Nine Mile Drain on the east side. We did have three blocks that exceeded the maximum block length. Do you have any questions? Corrie: Having realized this wasn't advertised as a public hearing, however is there is anybody that would like to enter testimony at this time you certainly may. You also have the opportunity on the 7th of October to do the same. Is there anyone at this time that wants to issue any testimony? John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney. Shipley: First of all I want to state that swearing and affirming of the whole truth and nothing but the truth is pretty good thing to do. But when Planning and Zoning accepted this proposal that was told them that the water was 44 feet deep. I questioned that, I said it is a lie and I got blew off by the people in Planning and Zoning. They just absolutely didn't hear me. I have lived out there for 25 years. There is an old basement in that house. October 15th the water comes in the canal and 8 to 9 days you can see water in the basement and it reaches a depth by this time of the year up to my shoulders. Every year I lived there for 25 years didn't make any difference when they concreted the canal, it did it at exactly the same time. There isn't any of us that know where water goes underground because we haven't got Superman's eyes. But water does go underground, that is why we drill wells to get it. I have a picture it is not a very good picture but it is the north pasture up by the house. When Mr. Babbitt here gates his hayfield which is irrigated out of plastic pipe I get these puddles in my pasture where my drain field, it has happened for 25 years. I know what goes on out there, I asked Briggs Engineering and I also asked Greg Johnson the subdivider to give me a letter that would give them responsibility for anything that would happen in a water situation and leave me out of it because I don't want a bunch of people with new houses getting water under their house and then coming back and telling me I can't irrigate anymore on my property. I am only trying to protect myself I am not trying to be a horse's ass. Alii am trying to do is protect myself because I know what happens. Mr. Babbitt is here tonight he owned that property before I was there. At least 35 years ago it has been doing this. About 8 or 9 or ten years ago they concreted that canal and it didn't make any difference. All along the Eight Mile Lateral there is going to be a high water table if they put them drain pipes next to the Eight Mile Lateral they will find that out. Because I used to run water all the way down there down to the far corner and then all the way down my far property line to the Nine Mile Drain. There is water standing out there that ditch is on the Chandler and now the Schaffer property and now Greg Johnson has bought it is a ditch that I maintain. I have maintained it ever since I have been there. When Floyd Chandler I (inaudible) since then I have had to berm and shovel the gopher holes out of it. I have trapped over 23 gophers in just that section back here in just this Meridian City Council September 16, 1997 Page 9 year alone. There are a whole bunch of problems out there. The letter that I got from Mr. Johnson said that he would expect maintenance on my half of the side. I have been maintaining both sides. Because that ditch is the only protection I have for high water getting out into the crops and it is coming from my property and it is perking under the ground from all the other properties to the north. Just as sure as you could put some radioactive pellets you could find it where it was coming from. I don't see why when somebody gets up front of Planning and Zoning that they can tell something that is actually in the record, I read it I have a copy of those records. And tell them that it is 44 feet and they don't hear me. Now we wouldn't be having all of these defugalities if someone had just listened. I am not some dumb old sucker that comes up here raising hell. I don't suspect that I have had anything by my intelligence questioned. When I asked Briggs Engineering for a letter I got some kind of mealy mouth letter. All it said was that they knew that there was a problem. They didn't take responsibility for fixing it and I have talked to Mr. Johnson in the irrigation district out there that he has a set of laws that when he gets back from vacation I am going to go over and read them. But he notified me that if there is a ditch there and it is serving a purpose for a drain ditch that they will maintain that ditch or they will make the ditch work or do something but you can't change the path of water. That is what the law says. That is picture and it is not a very good picture but that is all the water in my north pasture that is coming up from underground. I know what goes on there, there is a problem. I want to see if fixed so there are a bunch of young people that buy those houses and they are my neIghbors and not my enemies. That is alii have to say. Corrie: Thank you Mr. Shipley, any questions? Anyone else that would like to issue testimony at this time? WIth the vote of the Council we need to continue this public hearing. Tolsma: So moved Morrow: Second Corrie: Motion made and seconded we continue this public hearing to October yth, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED SEPTEMBER 2, 1997: FINAL PLAT FOR CROSSROADS SUBDIVISION NO.6 BY RAMON AND MARILYN YORGASON: Corrie: Is there a representative here tonight? Would you like to come forward and give us a brief run down and then we will work on your final plat. Kinkela: Chad Kinkela, Hubble Engineering, This is phase 6 of Crossroads Subdivision which is south of Fairview and East of Eagle Road. It is 35 residential lots. It thus far Meridian City Council September 16, 1997 Page 10 complies with the preliminary plat and as of now we don't see any comments that were presented to us from the staff of the City of Meridian. Corrie: Questions Council or Staff? Morrow: I only have questions of Gary and Shari, their responses are appropriate to questions you have asked? Smith: Mr. Mayor, Councilman Morrow, Council, I think everything is okay as far as the answering our comments with the exception of one item and that has to do with payment of assessment fees for the common area for the single point connection to utilize City water before and after ditch water is available. I met with Mr. Yorgason and Gene Smith of Hubble Engineering last week I think it was. We talked about the impact of the single point connection on our water system and the assessment fees, the bases for the assessment fees. I told Mr. Yorgason and Mr. Smith at that time I was doing some more research on the fairness of the assessment for the common areas as compared to his single family home water use for sprinkler irrigation. The billing department is putting that information together for me right now. So as soon as I have that information I told them that I would be back in touch with them and I am anticipating we will make some adjustments on what we have been doing for assessments for common area sprinkling. Morrow: Follow up question Mr. Mayor, would that information then be impacted in our approval of the final plat or would that be the appropriately placed in the CC&R's or development agreement. Where is the proper place to address that in your opinion? Smith: Weill think it is something we need to resolve before I sign the plat. I don't think it would be any different than the bonding requirements that we place on the final plats or fencing or landscaping or pressurized irrigation system and that sort of thing. I think it should be prior to signature on the final plat. Morrow: I have no further questions. Mr. Mayor I would move that we approve the final plat for Crossroads NO.6 by Ramon and Marilyn Yorgason. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the final plat for Crossroads NO.6 by Ramon and Marilyn Yorgason, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #773 - MICHENER REZONE: Meridian City Council September 16, 1997 Page 11 Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION NE % NW 'Y4 SECTION 7, T.3N, R.1E, S.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #773 read in its entirety. Hearing none, I will entertain a motion for Ordinance #773. Bentley: Mr. Mayor, I would move that we adopt Ordinance #773 with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we adopt Ordinance #773 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: Council, you have the findings of fact and conclusions of law. Morrow: Mr. Mayor if there is no discussion I would move that we adopt the findings of fact and conclusions of law as written. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow: Mr. Mayor, it is hereby decided that the variance on the setback ordinances is hereby granted. The applicant shall not be required to relocate the structures which are going to be built on the property. Bentley: Second Meridian City Council September 16, 1997 Page 12 Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #774 - CHERRY LANE BAPTIST CHURCH REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SW % OF THE SE % OF SECTION 2, T.3N, R.1W OF B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance No. 774 read in its entirety? Hearing none I will entertain a motion on Ordinance #774. Tolsma: Mr. Mayor, I move we approve Ordinance #774 with the suspension of rules. Morrow: Second Corrie :Motion made by Mr. Tolsma, second by Mr. Morrow to adopt Ordinance #774 with the suspension of rules. Roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley -Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #775 - VACATION OF GENTRY WAY? Corrie: AN ORDINANCE VACATING THE EXISTING TEN FOOT WIDE PUBLIC UTILITY DRAINAGE AND IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13 AMENDED MAGIC VIEW SUBDIVISION A SUBDIVISION IN MERIDIAN IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. (End of Tape) Stiles: Mr. Mayor, does that indicate that the right of way is vacated? Corrie: It is the public utility drainage and irrigation easement adjacent to Gentry Way, it is a ten foot wide area. Counselor, you wrote the ordinance? Crookston: I wrote it two or three different times and the final one eliminates the right of way. I don't have a copy of what you are looking at right now. Rountree: The issue was to leave the road right of way and to leave the irrigation easement there as I recall. Meridian City Council September 16, 1997 Page 13 Crookston: This is not the final draft because this one also says that the property is in the City of Meridian, it is not in the City of Meridian, it is in Ada County. So this is not my final version of the ordinance. Corrie: Pray tell whose is it? Crookston: It is my version but it is not my final version. Corrie: I think we are probably best to table this one. Rountree: Mr. MaYnor I move that we table action on Ordinance #775 until our next meeting October 7 h, Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma to table ordinance #775 to the October 7th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: ORDINANCE #776 - BUILDING & PLANNING AND ZONING DEPARTMENT: Morrow: Mr. Mayor, in view of some editorial mistakes and that type of thing I would move that we table this for action at our October ih meeting in conjunction with items #1 and 2. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table to October ih, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: RESOLUTION #166 - AMENDING APA ARTICLES OF AGREEMENT: Corrie: Counselor, do we need to read this in its entirety as well? Crookston: It is not required. Corrie: For the general public what this does is that if the APA is dissolved that it all goes back proportionately to the cities that were part of the APA Association. Is there anyone from the audience that would like to have Resolution #166 read in its entirety? I read this one it is right. I will entertain a motion for Resolution #166 to be adopted. Meridian City Council September 16, 1997 Page 14 Bentley: So moved Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to adopt Resolution #166 roll call vote. ROLL CALL VOTE: Morrow-Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #11: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN CHURCH: Corrie: Council, any discussion on the findings of fact before you? I will entertain a motion for the findings of fact and conclusions. Rountree: Mr. Mayor, I move that the City Council adopt and approve the findings of fact and conclusions. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to approve the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion for the decision. Rountree: Mr. Mayor, I move that the City Council hereby decides that the conditional use permit requested by the applicant for the property described in the application is approved with the conditions set forth in the findings of fact and conclusions of law. That the property be required to meet the water and sewer requirements, the fire and life safety code, uniform fire code, parking, paving and landscape requirement and all ordinances of the City of Meridian. Conditional use should be subject to annual review or more often if the conditions warrant upon notice to the applicant by the City. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma on the decision, any further discussion? All those in favor? Opposed? Meridian City Council September 16, 1997 Page 15 MOTION CARRIED: All Yea ITEM #12: FINAL PLAT FOR DEVLIN PLACE SUBDIVISION, 43 LOTS BY D.W. INC.: Corrie: Is there a representative from D.W. Inc. here this evening? Council discussion? Morrow: Mr. Mayor, Gary and Shari D.W. Inc. is Dan Woods is it not? I guess consistent with our policy I would like to hear him make a presentation. Stiles: Mr. Mayor and Council (Inaudible) Rountree: Mr. Mayor, I would move that we table this item until our December 2nd meeting. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to table the final plat for Devlin Place Subdivision to December 2nd, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: I will open the public hearing, however, Shari I understand you have a (inaudible) to table this one as well. Stiles: Yes, Mr. Mayor and Council they requested that the public hearing be continued to the ih as their representative was unable to be here tonight. And because of the issues with regard to the ordinance. Morrow: Mr. Mayor I would move that we continue the public hearing for Golfview Association Limited Partnership to October ih. Corrie: Before I get a second on that is there anyone here from the public that wants to testify at this time on this particular item? I will take the second now. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to continue the public hearing to October 7th, any further discussion? All those in favor? Opposed? Meridian City Council September 16, 1997 Page 16 MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR A DAY CARE FROM JERRY COBLER TO MUHAMMAD SABIHA ALI-1155 E. CHATEAU: Corrie: I will open the public hearing at this time and invite the applicant to come forward. Muhammad AIi, 3437 S. White Post Way, Eagle, was sworn by the City Attorney. Ali: We would like to request the Council and City to approve our transfer of conditional use permit for the day care. We will continue to meet the City's requirements as they are and provide quality child care. We have existing facility in Boise right now, we run that day care which is a much larger facility. We will transfer that technology and know how to this day care and enhance the quality of day in this vicinity which this neighborhood needs one. Corrie: Questions from Council for Mr. Ali? Morrow: Mr. Mayor, my only question is that you are familiar with all the original conditions of approval for this day care and you are in agreement with the original conditions of approval? Ali: Yes sir Corrie: Anyone else from the public that would like to issue testimony at this time? Thank you Mr. AIi, Council discussion? Morrow: I have no discussion if Gary and Shari don't have any. Corrie: Gary and Shari any comments? I will close the public hearing. (Inaudible) Corrie: Would you come up here so we can get it on the record and get it correct Ali: I think, my name is Muhammad and my wife is Sabiha so I think it should read Muhammad and Sabiha AIL Corrie: Okay, thank you. Any problem Counselor with the permit? Crookston: Walt asked me if we needed to have new findings of fact and conclusions of law for the transfer and I don't believe that we do. Meridian City Council September 16, 1997 Page 17 Rountree: So we just approve the transfer? Crookston: That is correct. Corrie: I will close the public hearing and Council, your pleasure? Morrow: Mr. Mayor, I would move that we approve the transfer of the Conditional Use Permit for day care center, 1155 E. Chateau from Jerry Cobler to Muhammad and Sabiha AIL Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the transfer of conditional use permit, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: REQUEST FOR A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY BY VANGUARD MILITARY ACADEMY: Corrie: Is a representative from the Academy here this evening? Shari any comments for Council? Stiles: Mr. Mayor and Council after the initial public hearing the applicant did not return any phone calls or requests for additional information. For that reason the Planning and Zoning Commission went ahead and prepared the findings which were to deny the request. Rountree: So this is just a clean up item? Stiles: Yes Morrow: Mr. Mayor, Shari is that to say that we have had and Will we have had no correspondence at all from this applicant? So basically we are going to treat it as though it were an abandoned project? Stiles: Yes Corrie: I will entertain a motion for the findings of fact and conclusions of law then. Rountree: Mr. Mayor, I move that we approve the findings of fact and conclusions of law as prepared by Planning and Zoning. Morrow: Second Meridian City Council September 16, 1997 Page 18 Corrie: Motion made and seconded that we approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley -Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion for the decision and recommendation. Rountree: Mr. Mayor I move that the City Council deny the conditional use permit requested by the applicant. Bentley: Second Corrie: Motion made and seconded on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK BY FIRST SECURITY SERVE CO. - BRYCE REYNOLDS: Corrie: Is there a representative from First Security? Toolsen: Greg Toolsen, JGT Architecture, 1212 12th Avenue South, Nampa. Mayor and Council we are asking for a conditional use to have a covered, drive through A TM machine at the First Security Bank in Meridian here. The conditions that are recommended by Planning we don't have any problem with. I would like to make one clarification. One condition that mentions that there are 2 handicapped parking spaces and one is across, one is not adjacent to the building as originally indicated on our plan was misrepresented. There are two handicapped spaces an they are presently adjacent to the building. Outside of that we accept all the other conditions. So I guess we are asking for your approval. Corrie: Thank you, any further discussion Council? Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by Planning and Zoning. Rountree: Second Meridian City Council September 16, 1997 Page 19 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve of the findings of fact and conclusions of law as adopted by the Planning and Zoning, roll call vote. Discussion? Rountree: Do we want to clear up the point that the applicant made in the findings about restriping the handicapped parking? Morrow: We could amend the findings to indicate that is (inaudible) Rountree: Well it indicates in here that is to be done and he is indicating he has complied with the handicapped parking. Morrow: I guess the point Mr. Rountree in my mind would be that it is indicating here it is to be done, it has already been done so it is qualified. Rountree: Good point Corrie: Any further discussion? Roll call vote. ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements. Specifically including the restriping of the parking area which has been testified tonight that it has been completed. The location of the handicapped parking and spaces next to the existing bank building. That the paving and landscaping requirements and all the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City of Meridian. Rountree: Second Corrie: Motion made and seconded to have the decision as read, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: Meridian City Council September 16, 1997 Page 20 Corrie: A representative is here I know so would you like to step forward and give us some background on your conditional use permit request. Fishel: Yes, Mr. Mayor and Council, I am here to request the conditional use permit to continue my used car lot truck and sales at 225 W. Franklin Road. Also, work with the city and the county and of course the state on developing the property as a nice facility down there. That is why I am here. What I would like to do is to get a conditional use permit to operate legally complying with the City until such time we get Franklin road down there and put the sidewalk, curb and gutter (Inaudible) and the driveways and all the other types of things. I have been meeting with Ada County, on three different occasions. We have been planning but wish for you to understand that everything is subject to change in the development process. It was brought to my attention as you can read in the conclusions of law that we have expanded I have expanded the business and of course I understand It was brought to my attention that we need another conditional use permit for that development. So that is what I am here for. I beg of you to grant me a conditional use permit so I can continue and to develop the property as of course we see fit. Corrie: Any questions Council of the applicant? Thank you very much. Staff, comments? Questions or discussion of the Council? I will entertain a motion on the findings of fact and conclusions of law. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by the P & z. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as presented by the Planning and Zoning Commission, roll call vote. ROLL CALL VOTE: Morrow-Yea, Bentley - Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie I will entertain a motion on the decision. Morrow: Mr. Mayor, The City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all ordinances of the City of Meridian City Council September 16, 1997 Page 21 Meridian. The conditional use shall be subject to review upon notice to the applicant by the City. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY) BY AVEST LIMITED PARTNERSHIP - LOT 9, BLOCK 1 AVEST PLAZA SUBDIVISION: Corrie: Is there a representative from Avest here this evening? Weber: Scott Weber, I represent Avest Limited Partnership. I am here tonight to request the conditional use permit to construct 119,000 square feet of mini-storage at phases 2 through 4. We went through Planning and Zoning last Tuesday night. There was one concern I would like to address tonight about an exit road leading out onto Avest's loop road. I have made some changes I have submitted some to Shari for her records. The concern was the emergency exit road was too close to Locust Grove so we moved that back roughly 175 feet back to the east. But it is still strictly an emergency exit gate. So that is about the only concern that P & Z was concerned with that. So I would entertain any questions you may have on this project. It is indicated there by No. 1 that is originally where it was when we submitted it. We moved it back to number 2. Corrie: Council, any questions? Thank you, Council any questions of staff? Comments from staff? Morrow: Mr. Mayor, if there is no discussion on the part of the Council I would move that we accept the findings of fact and conclusions of law as prepared for us by Planning and Zoning with the additional finding that the emergency access road has been moved from site one to site two approximately 175 feet east of the original location. Tolsma: Second Corrie: Motion made to approve the preliminary findings of fact and conclusions of law by the Planning and Zoning Commission with the addition to the testimony of moving the emergency exit to the east. Any further discussion? Hearing none, roll call vote ROLL CALL VOTE: Morrow-Yea, Bentley - Yea, Rountree- Yea, Tolsma -Yea MOTION CARRIED: All Yea Meridian City Council September 16, 1997 Page 22 Corrie: The decision and recommendation motion. Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant as amended for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform fire code. Parking, paving and landscaping requirements and all ordinances of the City of Meridian. The Conditional use shall be subject to review upon notice to the applicant by the City unless the City Council that the conditional use is not subject to review. Tolsma: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PARKS & RECREATION COMMISSION ADVISORY REPORT: Corrie: At this time I will invite Keith Bird. Bird: Thank you Mr. Mayor and Councilmen. As you can see I gave you the minutes of our last Mayors Advisory Committee meeting. Also the minutes of the Parks and Recreation Commission meeting on August 18th. The part that pertained to this deal As you can see by the minutes of our meeting we made a motion to come before the City Council through the Parks and Recreation Commission to have a feasibility study done on the community recreation center with some stipulations that we have some questions which are attached to the minutes there. We took it to the Parks and Recreation and they basically if you read through their minutes told us to come directly to you. So that is what I am doing coming direct representing Mayor's Advisory Committee to ask you guys to have a feasibility study on the community rec. center or whatever you call it and see if the public wants it, jf they want to finance it, how we do it, what we need in it and that kind of stuff. The committee has worked for about 15 months and I think they are basically at their end. That is what they were asked to serve on the committee for, was to look into the feasibility of a community recreation center. Corrie: Thank you Keith, questions or comments? Morrow: This proposed questionnaire or feasibility study that is in our packet Bird: Walt, that is what the Advisory Committee came up with. It has some questions that we would like to see within the feasibility. We realize that is not a complete feasibility study. Meridian City Council September 16, 1997 Page 23 Morrow: I guess my question to you and your committee is if it's not a real feasibility study why would we (inaudible) Bird: It is a feasibility study with those questions as part of the stipulation of the feasibility study. But there are some other, that probably would answer the whole feasibility as far as J am concerned but I am not a professional survey person. Morrow: So this study was devised or scripted through the Committee. Bird: Those questions came up from some previous surveys that we had gotten from within the committee members from what they had picked up and around and stuff and we put them together. We had originally taken it to the Parks and Recreation Commission they looked at it and told us to go back and redefine some things. Because they were pretty one sided so we did and that is what they came up with. Corrie: I think if I understand it correctly if they do a feasibility study and approve that, that would these are some of the questions that they would want the architectural firm to be sure and address in that feasibility study. Rountree: I guess you clarified it but the point that I understand is that these are questions that would go in a feasibility study. These questions are not the feasibility study. They are recommending the feasibility study be pursued by the City that would encompass this and whatever else the City might feel we need to explore for park facilities. That sort of thing. Bird: What you want to add into it is something, we were as a Committee to look into a community recreation center. We weren't charged to do anything else. Rountree: I have the question that I continue to ask. What is the fate or recommendation on the fate of the committee? Bird: I think that right now I think it should be a sub-committee made off the Parks and Recreation Commission. That is my personal, people have worked hard for 15 and 16 months. Until something has gone we are at a dead end to be truthful. If it doesn't go it gets turned down that is it. I personally want to see it get before the public (inaudible) that is it, if they are not then we are gone. Rountree: Not to hold you accountable but just a ball park range of potential cost of the feasibility study? Bird: We had two come to us, one is pretty well out in the open one is about $14,000. Boise State said $9,000 to $10,000. I think a lot of it is what you are going to include in the Study and what kind of survey you are going to have. Now you know we had two Meridian City Council September 16, 1997 Page 24 gentlemen come in and give two very good presentations and I would say $10,000 to $14,000 Charlie. That would be my rough guess. Corrie: If I am not mistaken I think one of the architectural firms in the northern part of the state gave us a preliminary what they could do on a feasibility study for somewhere in the $9,000 to $10,000. Bird: It was $9500 Corrie: What that is, is a complete study done with the public and everything up to the bonds or whatever the case may be that the Council decides to do. That includes public hearings and staff reports and stuff that they have. Bird: I think if you would probably would go out and have some competitive bids and stuff like that from architecture engineering firms whatever you are going to do survey people it is going to get competitive and it could be lower than that I don't know Charlie. I do know that the schools paid $25,000 to $30,000 for some of their bond (inaudible). Corrie: That would probably have to be on a bid system anyway. Rountree: Another area that the Committee was charged to explore was the possibility or the avenues to finance this through private funds. Have you gotten any success? Bird: We have not, Charlie it is pretty hard to do, I will speak for myself, when you don't have any idea of what you are going to get. How can you go out and say can you donate this or can you donate that because we don't know what we are going to have what we get. It has not been, I think you can probably get some funding, but Jet's face the fact (inaudible). I don't see it being probably of getting it here. I think you (inaudible) but how much I don't know. We never did pursue that to be truthful we just pursued getting a survey out and getting something for the public to say yea or nay. Corrie: I think a lot of that is done with the feasibility study itself because when they start out with the public hearings they try to find out what the people want. They come up with the conclusion that they don't want it then there is no sense in going any further with that. The public hearings will tell us pretty much what the people decide they want to do. They look into the feasibility of bonds or what have you. What they showed us if they bring it up to that conclusion to the starting point and then it is up to the Council to make that decision after that point. Any other questions? Thank you Keith, thank you to the advisory committee. You have done a lot of hard work, I will get a letter to each of you thanking you for the work you have done on this. Council can take this under advisement if they so desire. Or they can do it however they want if they want to take it under advisement or if they want to make a decision tonight. It is entirely up to you. Rountree: I just throw this out to Council that we are in the initial stages of building a recreation department. I see this feasibility study as something that possibly the new Meridian City Council September 16, 1997 Page 25 director will want to pursue and also incorporate some other information gathering aspects related to the entire use of the public space and public space as it relates to recreation of the City of Meridian. So I would take this recommendation of the Advisory Committee under advisement and work with the new Parks and Recreation Director that we then pursue the feasibility study that would incorporate these questions in addition to whatever avenues of planning that individual would want to pursue with the approval of the Council. Morrow: I concur with Charlie, I think that from my stand point Mr. Mayor, what I would like to see is that since we are close to becoming a stand alone Parks and Recreation Department that we need to give that department a chance to draw a blue print of where it is they are today and where it is they need to go. I think that at that point in time if there is to be a feasibility study then it is to be incorporated in the overall picture a blue print of where it is we are going. I think also with respect to a feasibility study it needs to be put together through the competitive bid process but as with any valid polling it needs to be done under a scientific control in terms of how the study is put together. So I would be supportive of delaying the decision on this until we saw a presentation by the Parks and Recreation Department of what direction they will be going. Are you, the Parks and Recreation Department are you, you mean the department and the Commission or both? Morrow: Well in my perception it would be both because we are about to hire a Parks and Recreation Director. Certainly his charge from the Parks and Recreation Commission and the Council is going to be and here are all the things we have been working with, here are all the things we have been looking at. Make some sense of all of this and bring us back a package of where it is you think we need to go and how we bring all of these items together and have a plan. Then the parks and recreation Commission gets a shot at that proposal and obviously once they are done the Council gets a shot at it and that department head would be like the rest of our department heads in terms of putting their department together and putting it out there for public to take a look at and to comment on and press forward. So that is how I see it. Corrie: Any other comments? Bentley: I would just like to get a time line on how long we are going to sit on this. It has been worked on for 15 to 16 months and I would like to get some ideas on where we are going to move on this. Corrie: Charlie, any suggestions or ideas? Rountree: Like Glenn said it has been poked at for 15 or 16 months. I don't know that because it has taken that long now that the City Council has it that there is a great amount of urgency. I would hope that it would be a priority of the Parks and Recreation Commission and a priority with the new director to get this kind of survey underway so we can chart a course and modify the comp plan as it relates to this issue and establish Meridian City Council September 16, 1997 Page 26 a parks and recreation plan for the community. That is certainly something that I will be interested in pursuing with the parks and recreation commission. I am not going to promise you next month we have too many of those going right now. Bentley: I don't want to see it die. Rountree: I don't think we are going to be looking at another 15 to 16 months I would say something less than 6 and maybe 3 or 4. Bentley: Mr. Mayor, with that said I would like to make a motion that Mayor's Advisory Committee on the Recreation Center would be disband since their work is done and with our thanks. Morrow Second Corrie: Motion made by Mr. Bentley and second by Mr. Morrow that we disband the Mayors Advisory Committee since the charter that they were asked to do has been done. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Thank you committee members that are here I appreciate the work that you have done and I will get a personal letter out to each one of you and thanking your for all the work you have done. It has been a long procedure and I think we will see the fruits (inaudible). ITEM #20: SITE PLAN REVIEW OF TREASURE VALLEY BAPTIST CHURCH PARKING LOT PLAN: Corrie: Is there a member of the Treasure Valley Baptist Church here this evening? Aldredge: Bob Aldredge, Treasure Valley Baptist Church. What we are proposing is laid out on the plan here. I thought that would be easier than trying to look at your packets. There are some unique factors to this property that I would Ilke to point out that I dictated how this all laid out that it did cause us to get a little creative on a few things. This is the freeway out here and the freeway is raised considerably compared to the ground level right here. If I understand it this area the pre-level is at or above my head level and it crowns out from there. Because of this (inaudible) if they are in the far lane over here they can't see anything from about here on out it is totally invisible to them. In the near lanes (inaudible) but not much closer. In addition to that we have a sewer easement that comes here comes around (inaudible) that was needed for some development on down the road so we granted an easement to that. There is also a ditch that comes (inaudible) larger Nine Mile Drain that comes along this side of the property. All of those have various requirements or setbacks. This sewer easement for example has a 20 foot easement area, 10 foot each side. Nine Mile has a 30 foot, 15 Meridian City Council September 16, 1997 Page 27 foot each side of centerline. The Nine Mile Drain is totally on the adjoining property none of it is on our property, right up to the edge of our property. What we have therefore proposed in order to get the most visual impact for one (inaudible) warehouses and this is the modular homes (Inaudible) is to create a visual area in here. So rather than having trees put along this side they would be right up against the freeway well below ground level. We pull these back, they cannot be within ten feet of this or 15 feet of this (inaudible). So we are unable to do anything, so we created larger areas here these are entirely grassed in and then trees on the 30 foot center to center basis on each of these along these two areas and then green along here (End of Tape) there is a holding pond over here in Mr. Brown's territory that soaks most of that up. I actually myself have never seen water in it but (inaudible) goes through. We would add all of the trees that are shown by this purple of these areas plus some fill ins around through here to bring us up to a total of 73 trees on the property. We would have added grass here and here plus retaining all the grass through these areas and actually new grass here because that would not be tiled in. Right now it is just a ditch area that comes through. All of these are allowable in terms of the easement areas and so forth, we would then be extending the parking up on this, in essence we are flopping this so that the trees come into the center and the parking goes out to the edge. Because of that we do need to have some variance in this because more normal you have your trees at the edge and parking towards the center. We will have the same amount of trees and so forth but we need to reverse those because we can't have the trees out that close to any of these areas. There are also some unusual angles here as you will see which makes it hard to deal with and we try to work with. This adds approximately 65 new parking spots. To do that we went to some angled parking up here (inaudible) and that allowed us to get all of those in still retaining the green areas and keeping the right amount of total area. Approximately 34,000 square feet of additional space there that would come in. I think that this will meet all the needs that the City has. It adds a bunch of new trees, it keeps some good landscaping and creates a very good visual impact from the freeway while at the same allowing us to have more on site parking which we need. We are fortunately running good Sunday attendance and so forth. We don't want to start spilling up roads and so forth. Our adjoining neighbor has been very good about letting us park in parking lots and so forth. But we can't count on the number one and number 2 (inaudible). So we are requesting that this site plan be approved, we be allowed to use this variant method of having the parking go to the edge with the trees back somewhat to the middle. I would be happy to answer any questions. Corrie: Thank you very much, staff comments? Stiles: You are probably wondering why you are even looking at this. When the Treasure Valley Baptist Church was annexed part of their requirement was that any development would undergo site plan review. When they initially approached me with some additional parking there the first plan was to just pave everything with no additional landscaping. Because they had the existing setbacks when they were annexed no mention was made of the 35 foot landscaped setback that we have been requesting along the freeway. That was another reason that I wanted this to go before Meridian City Council September 16, 1997 Page 28 Council is what they will be left with is the 12 feet which it is a nice green area now but there is not allowed any trees in that area because of the sewer. I think this is a good compromise that they have come up with. As long as the 3 inch caliper trees can be accommodated in those five foot strips and that their drainage plan is approved by our public works department. They have gone to great length to try to get some additional property next to them so that they could put some parking there and have not been successful. They have been parking up and down Tier. So I just wanted the Council's blessing on approving something less than the 35 foot landscape setback for this particular project. Corrie: Would this require a variance? Stiles: No Corrie: So you are asking for the Council to review this and give you some input on whether we think that is a good idea, is that what you are saying? Stiles: Yes Rountree: I think it is a good compromise, it looks like they have more than adequate trees per square footage. The only comment I would make is you might want to get a hold of our tree folks and get a recommendation on tree species. Have you talked to them about that Shari? Stiles: No, Rountree: You might talk to Shari and get that individual's name. Do we need a motion? Corrie: I think it would probably help if you had a motion to help her with that decision, I don't think it is required, if you so desire that would make it a little stronger. Morrow: Mr. Mayor, I would move that the City of Meridian accept the site plan as offered by Treasure Valley Baptist church for their parking lot re-do. Rountree: Second Corrie: Motion made and seconded that we approve the City of Meridian approve the site plan review that was set forth by Treasure Valley Baptist Church, any further discussion? AU those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: DEPARTMENT REPORTS: Meridian City Council September 16, 1997 Page 29 Corrie: Mr. Smith? While we are waiting for the City Engineer, do you have anything Chief? Gordon: Nothing your honor. Corrie: Shari, any comments or questions? Stiles: Mr. Mayor and Council I thought that Doug Campbell would be here tonight. Gary and I met with Doug and his father in their required design review meeting on the Lake at Cherry Lane NO.7. They have made some slight modifications to the plat going from 33 foot lots to 35 foot lots to accommodate these plans that they are presenting here tonight. The floor, all of the floor plans they presented exceed what they agreed to do when they were annexed. We let them know that we like some of these plans better than others but I think that they have gone to a lot of trouble and hopefully I think Charlie was one of the main people on the Council that wanted to see some variation. I think they were looking a little bit like row houses before with all the same design. We just wanted to know if you had any comments that you wanted us to take back to them or suggestions. Morrow: I guess my comment would be is I think my description before is they reminded me of army barracks. This is markedly better. The original proposal at the point of annexation was for them all to be the same and I think each of the four councilmen expressed a real dislike for that. The variety here that you are showing us is good ultimately it is for the market place to decide which is successful and which isn't by virtue of sales. So these are acceptable to me. Rountree: I think they have done what I asked them to do. It has some texture to it now as opposed to just being ticky tacky. Stiles: And they will be off setting them a little bit. Rountree: Staggering the fronts. Stiles: The only thing they have remaining is to come up with some elevations on their common area. They still seem to be having some problems with that. Rountree: It is still full of water. Morrow: Those were our two outstanding issues with respect to this, were the elevation of the units and the common area. Stiles: Yes, so they will be submitting their final plat on that directly. Thank you Corrie: Mr. Smith? Meridian City Council September 16, 1997 Page 30 Smith: Thank you Mr. Mayor and Council, I have some bid results on the Tully Park project. I will hand those out to you. Turn to the page 3 of the bid abstract is probably the place I think we will start. We had five bidders. Boise Paving was the apparent low bidder at $605,138.75. The second low was Newby Wiggins Construction at $625,645.78. Our engineer's estimate was $606,285.74. A problem developed after reading of the bids that one of the bidders Newby Wiggins representative wanted to see what the subcontractor was listed as for the mechanical work by Boise Paving and he suggested to us that this subcontractor was not licensed to do plumbing work, he was licensed to do mechanical HVAC work only. So we took that under advisement and subsequently Brad Watson my assistant checked public works records and found that Boise Paving's mechanical subcontractor as listed I think his name is NU-Mechanical is not licensed as a plumbing contractor. He is licensed as a HVAC contractor only. The bid documents stated that and I will read a paragraph. Bidders must comply with all state bidding laws as required by Idaho Code 67-2310. Each bidder must designate the mechanical, plumbing and or air conditioning and electrical subcontractors and their addresses he intends to use. Failure to do so will result in the bid being determined no responsive and will be rejected. We, brad and I sent this dilemma onto our legal counsel Wayne Crookston for his interpretation. J guess at this point I will turn the microphone over to Wayne for comments. Crookston: Thank you Gary, I did a lot of research on this and what comes out of it is if we were dealing with Federal Funds and I thought there were some federal funds involved in this because the pathway goes through Tully Park. My discussion with Gary he said that is not true that this contract does not involve any federal funds. If there were federal funds the bidder it is held that the bidder in this case Boise Paving and Newby Wiggins do not have to have to have the license that is required at the time of submission of bid but they have to have that license when the contract is executed. But even in the opinion that I read which came from Bill Gigray who was the City Attorney for Wilder he even questioned whether or not because the statute isn't specific as to whether or not they still have to meet that requirement even though when you are dealing with Federal Funds there is some indication that they do not have to be licensed at the time of submission of the bid. In my discussion with Gary we are not dealing with Federal Funds so that doesn't come into play at all. So the only thing we are dealing with is the State statutes that deal with contracts that have no Federal Funds in them at all. So then we are back to 67-2310 and using that language we have to deal wit the bids that were presented and Boise Paving's mechanical contractor does not have the license for plumbing. So their bid I believe did not comply with the law. It could be deemed void. So then we are dealing with the entity that was the second low bidder. Morrow: Question Mr. Mayor, at some point before this evening it was discussed that Boise Paving had a valid plumbing licensed, is that true? Smith: Boise Paving is licensed as a building contractor and as such they are licensed to do plumbing work. However for their to be responsive they would had to have listed themselves as self in the mechanical subcontract under the plumbing under the Meridian City Council September 16, 1997 Page 31 mechanical all they would have to say is self and it would have been their bid. That is they could have shared it with NU-Mechanical, NU-Mechanical could have done the HVAC, Boise Paving could have done the plumbing licensed as a general contractor. By the way we did receive a letter of protest from the second low bidder too. We have run into this before, this isn't the first time we have had subcontractors listed incorrectly, not listed at all. The same thing happened on another project where the general bidding the job could have done the subcontract work had they listed themselves and they did not. We had to disqualify that bid. So technically if they had put their own name on there they would be fine. But since they didn't they didn't follow the letter of our recommendation or letter of transmittal so they didn't do ii. Smith: They didn't follow the bid law and they didn't follow the specifically follow the requirements of our information for bidders. Morrow: So we have two choices here we can either reject the bids and have it bid over or we can award the bid and spend $20,000 more to number 2. Smith: Yes, that is my understanding in talking to Wayne. Crookston: I had a draft of a letter to you Mayor and Council if you would like me to read it I can. But my analysis ends up just exactly what Mr. Morrow said that we either declare the bid of Boise Asphalt unresponsive and void or we reject all bids pursuant to 50-341 J and re-advertise the project. Bentley: Mr. Mayor, In reviewing these figures just looking at the first item, the baseball back stop, dug outs and fields Boise Paving has some in, that is where the $20,000 is. They are only coming in at $25,000 where everybody else is running low to mid $40,000. I kind of question how one out of the can estimate $20,000 low and all the others are pardon the expression the ballpark figures of each other. I don't see where it would do any good as far as throwing out all of the bids and starting over. Besides the time delay we are looking at. This project has been on hold for three years or better that I know of and I think it is time we get it going. Morrow: Mr. Mayor, I guess Glenn I have a (Inaudible) coming with the rationale there. Because the architect's estimate is more closely mirrored by the Boise Paving bid as you look across the bids. Boise Paving may have been Iowan that item in a break down but obviously has it compensated for someplace else by virtue of their capability of doing earth work and so on and so forth. There is $20,000 spread essentially between each bidder until you get to number four which there is a $30,000 spread and then again there is almost another $30,000 spread between number 4 and number 5. So it seems to me that I want to know in terms of a re-bid how long does that process take? Smith: We have to have two advertisements in our local newspaper one week apart and one week from the date of the last advertisement until the opening of the bid. So if we Meridian City Council September 16, 1997 Page 32 were to advertise it Friday this Friday two weeks until we could open the bids again assuming we could get people to bid it. Berg: When would be the soonest that they start the project, that time frame? Smith: It depends on the length of time it takes the contractor to get his bonds from his bonding company. I would say at the very minimum two weeks probably more like three weeks before they get everything back. After they receive the award I guess 2 to 3 weeks. Two weeks at the very minimum it just kind of depends on what kind of relationship they have with the bonding company and how fast they respond. Corrie: With your experience do you think that all of these people would re-bid again and do anything differently? Other than I am sure Boise Paving is going to do something differently (inaudible) how about the bottom line? Smith: I think historically on re-bids you get a higher price but I couldn't say that for certain if you get everybody to bid it again. Corrie: So if everything stayed the same it would be a five week delay probably no matter what if everything stayed the same and Boise Paving changed their verbiage but that is possibly not going to happen. Morrow: Well in rebids Mr. Mayor it can work both ways. Very candidly I have been involved in those things where you now know what number one bid is and so everybody scrambles to hit number one. So you get a much more aggressive bidding system because the cards now are all on the table. So it can go both ways. I think in my case it has been equal. Corrie: I wouldn't know (inaudible) Rountree: We would sure like to have a park but $20,000 is a fair amount of money. I think industry standard is pretty much if there is a deviation 10% of the engineering estimate and so forth you need some kind of special justification anyway. Which this is more than that by a good sum. What was the work day schedule on this, number of days? Smith: I don't recall, I have a bid document in there I can grab it. Crookston: Councilman Morrow asked me to read a portion of Mr. Gigray's opinion for the City of Wilder. He states that towards the end the City has the authority to determine who the lowest bidder is and that it may exercise that discretion so long as it does not exercise that discretion arbitrarily and without reason. In addition I submit that the Idaho Code 50-341 provides discretion to reject any and all bids which is a power entrusted to the City Council and which it can freely exercise as long as it does not exceed or it is not exercised arbitrarily and without reason. Which is what you said Charlie. Meridian City Council September 16, 1997 Page 33 Morrow: In that case law (inaudible) Crookston: In this case the City of Wilder did rebid it, it is my understanding in my discussion with Bill Gigray this afternoon he said that excuse me this morning and then he sent this to me and I didn't get it read because I was down here until 3:00 this afternoon. They did re-bid it because they thought that it was best to do that and it ultimately worked out to where they got better bids. But as you said you have to have, it can't be arbitrarily done and without reason. I think that is very correct. Rountree: As much as I hate to see delay on this and this has been very close to me for the past few months to try to get this thing going. $20,000 is pretty near and dear to the city of Meridian. I guess I would have to opt to the taxpayer on this even though my personal ego says let's go for it. But I would suggest that we look at rebidding it and getting it as quick as we can and if we have to have a special session at the opening of the bids to award the bids we do that. Anything to accelerate this thing. Morrow: I don't have a problem with that, I think from my perspective that we need to do the rebid. I think that it needs to be done as quickly as possible making the publishing dates that we are after. That $20,000 is too much of spread of the taxpayer dollar at this point in my mind to try to go a second place. If the spread were closer it wouldn't even be a debate because we have been struggling long and hard to get this project. We desperately need it and want to press forward. But we also have an obligation to the general tax payer to make sure that we spend their money wisely. Probably our main obligation to those folk. So I am in favor of the rebid. Corrie: That would certainly take care of the Newby Wiggins possibility of contesting it. Rountree: Well if they contest then we are tied up even longer. Crookston: It can be contested by either party. Corrie: Any further discussion? I think e have all pretty well agreed to that Mr. Tolsma, Mr. Bentley. I guess I would entertain a motion. Bentley: I just have one more comment and I understand what they are saying and I agree with the $20,000 it is a lot of bucks. But you know how far do we go with giving these people second and third chances that can't follow instructions. I have seen other bids go before this Council that the guy has been disqualified because he can't follow instructions. I have to agree thinking again the $20,000 is a lot of bucks we are going to have to rebid it. But you know this really gets old. Morrow: Mr. Mayor, I would move that we reject the bids for Tully Park and instruct City staff to immediately institute a rebid process. Meridian City Council September 16, 1997 Page 34 Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree to reject all bids and do a rebid process, any further discussion? I think I have to agree with Mr. Bentley I think we need to be consistent as much as we can and I understand the points there too. All those in favor? Opposed? MOTION CARRIED: All Yea Smith: There are a couple other items on that memo that Brad sent to me that you need to be aware. Item number 2 concerning ACHD that they are requesting a de~osjt of $74,250 from the City of Meridian which is half the cost of a bridge extending 11 t Street on the east end of Tully Park. Depositing that money into the road trust fund. The second item, item 3 has to do with power poles along Under Road that are presently 3 to 4 feet from the back of curb as designed as would be constructed under this contract and Idaho Power is saying and ACHD has said that the City would have to move those power poles into the property. Idaho Power company has estimated $2500 to $3000 per pole to move them. Rountree: That is assuming the County is in a position to advance the roadway work. Smith: Well we are going to do the roadway work as part of this project. Rountree: They are going to be paying us for the right of way. Smith: They are buying the right of way from us and I don't know any of the details from that. Rountree: It must be about $74,000 worth. Smith: Should be pretty close to that. Tolsma: Gary was that bridge on our property (inaudible) Smith: Well there is no bridge right now Tolsma: (Inaudible) Smith: When we accepted the ditch from Mr. Simunich then it put us up to the edge of 11 th Street extended. Tolsma: (Inaudible) Smith: Yes sir, seeing as how that was waste land anyway. Meridian City Council September 16, 1997 Page 35 Corrie: (Inaudible) Smith: That was a thought that we had if the City could just right a letter to ACHD and say here put this in your road trust fund instead of a check we here promise to pay half the cost of the bridge if and when the bridge is constructed. In the meantime the $74,000 stays in our back account drawing interest instead of yours. Corrie: Did you do that or you say we should do that. Smith: That was just a comment we had in public works concerning this. Corrie: (Inaudible) Morrow: Well given the time factor that is limited in terms of the road trust account I think that makes good sense or a letter of we will pay you when we catch you or you catch us. Rountree: You have to remember it is just a request. Morrow: Well then the answer is no. Don't send them a letter. Smith: Thank you, did you want me to pen that letter in that regard or is that something that should come from the Council? Bentley: Just put we may. Corrie: I guess that is a Council decision I know what I would (inaudible). Rountree: I think it ought to come from the City I don't think you should be put in that position. Smith: I would be happy to write a draft. Corrie: You write the draft and I will sign it or I will have the Council approve my signature. But I agree with Charlie that it should come from the City. Smith: One other thing I have on Tully Park is that Settlers Irrigation District has requested an easement for the pipeline that crosses our park. We tiled that ditch several years ago but I don't believe an easement, we can't find record of an easement ever being executed between the City of Meridian and Settlers for that pipe line. So I have a legal description drawn up and an easement document to transfer an easement to Settlers Irrigation District from the City of Meridian. Bentley: Are they going to tell us that we can't build on it? Meridian City Council September 16, 1997 Page 36 Smith: Well no permanent structures, that is typical for easements for pipe lines. Bentley: Does that interfere with anything that we are doing? Smith: No it doesn't it just goes across the grass land. It doesn't interfere with our plan at all. That is about the only thing we would have over it is pathways and sprinkler systems and grass. Morrow: So you have the easement all prepared and it is executed in favor of Settlers Irrigation District. Smith: Yes Morrow: I would move that we authorize the Mayor to sign and the Clerk to attest the easement with Settlers Irrigation. Rountree: Second Corrie: Motion made and seconded, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mayor and CounciL Do you have any questions of me on anything else, any other projects? Corrie: Counselor? Crookston: I have nothing. Corrie: Mr. Morrow? Morrow: Mr. Mayor, we have an issue with and Dean I thought was going to be here to head up the issue with respect to an irrigation issue on Meridian Road with I think in your packet you have a memorandum from Dean talking about the irrigation ditch located at 2250 N. Meridian Road. I think Shari maybe doing some research into that, it was my understanding that Dean would be here to kind of head this discussion up but maybe I misunderstood that. So if we can wait for just a moment on that. A couple of other just quick items that I had. As soon as Shari gets back then we can ask questions of her. The first is that we have talked before about the sewer plant and the fact that is in Ada County and basically it is only about $400 feet outside the City limits going down the road. We have also had a discussion from the standpoint of an annexation path to get there. I have generated numbers based on the cost of building permits given the construction schedule for 1997-98 that we will be paying to Ada County at the sewer plant if we don't annex our own plan. That number is $22,172 that we are going to be Meridian City Council September 16, 1997 Page 37 paying Ada County in building permit fees. We had the discussion some time ago about avenues of annexation. It seems to me that it is not appropriate that we begin to think about that in earnest because we are talking real money here with respect to building permit fees that we would be paying to somebody and in my opinion shouldn't be paying those except to ourselves in terms of cost savings. So I guess from my perspective what I would like to see us do is given the difficulties on either side of the road in terms of trying an annexation path that I think Gary calculated we are 400 feet or slightly less than that from the current city limits to the entrance of the sewer plant. I would like to see us construct or look at an annexation ordinance using the road way as the path of annexation. It is my thinking that strip annexations are for annexation paths that are much longer and that this is worth the goal. So it is a topic for discussion. Rountree: We are going to have the same kind of cost with the new water tank for the park land. Morrow: I got a break down on the water, our building permit cost there is $7523. Rountree: Still too much. Morrow: Obviously we pay that because we are constructing in the County and at that point the water plant operation and the park site is that two parcels of property between us and the current City limits. One of which owned by the Presbyterian church on the corner is undergoing some sort of activity in the county, it is a lot reduction I think is what it amounts to. So, as I recall from their testimony they were not opposed to being annexed (inaudible) at the time to get to us or the time for us to get to them. Rountree: In fact they wanted (inaudible). For discussion I think we need to pursue specifically for those sewer plant but for both if we can do it. Morrow: You are talking basically $30,000 between the two. Corrie: I have some reservations of that, you know my reasoning there. I guess the Council can make that decision, I do have some reservations. Morrow: And I understand your reservations and I think it is an area that admittedly we go into that we are taking a bit of gamble. Here we are not injuring anybody we are annexing all (inaudible) short distance (inaudible) Corrie: Park, you could have some ramifications and that other (inaudible) just something to throw at you to think about. Because if you are there they are going to piggy back on that as far as annexation which is something for you to think about. I would love to have all of those in the City limits as well. We also have one other problem that you may not be aware of. I was just told this afternoon so we need to do that in executive session. Meridian City Council September 16, 1997 Page 38 Morrow: I offer that as a point of discussion that we will talk about at our strategic planning next week so you guys can think about it then. Shari, I was deferring until you had some information for us with respect to the irrigation issue. Stiles: Mr. mayor and Council did you all receive a copy of a letter from Dean with regard to an irrigation ditch problem with the Barrett's and Sciscoe's. Dean has reached the end of what he is able to do. He has spent so much time on this one project that either the Council has got to make a decision or the City Attorney. I think there are some issues besides just the ditch. There seem to be some problem between the neighbors that they are not able to work out. The issue has been that there is a ditch that exists between Aspen Hills Apartments and it is located on the Barrett's property since 1976 as verified by Topog records. The ditch now is not being maintained. The Barrett's do not want the Sciscoe's on their property to maintain it themselves. The irrigation district or the water master that has gone out to look at it said that the ditch is not being maintained and is definitely a problem. It may be that the Barrett's Mrs. Barrett and Mr. Sciscoe need to get up and tell you their side of the story and get it resolved. Dean is not able to spend the amount of time that he spent on this one issue. It is hours every week. Mr. Sciscoe has his side and Mrs. Barrett has her side. If that is all right with Council I think we are at a point we don't know what to do. Corrie: Counselor, have you looked at this? Crookston: No I have not. Corrie: I know that we have a civil problem Morrow: Mr. Mayor, if I might offer some insight into this. I have toured the property spoken at length with Dean today. Very candidly my impression now is becoming we have a couple folk here that are trying to do the right thing based on their belief of what the facts were when they bought their properties. The issue as we continue to research become very confusing from the standpoint in talking to Mrs. Barrett she has spoken with Mr. Bill Henson of Nampa Meridian, Mr. Cunningham who is the local ditch rider of the lateral indicates that the water comes from Settlers. Well the reality is that both is true. Nampa Meridian administers and Settlers provides the water. So essentially you have a couple of different irrigation entities there handling the water. On your maps that are before you at the end of the pink is where the end of the irrigation district responsibility for the water. The bluish color is the Watt's lateral that is administered by Mr. Cunningham who is the local ditch rider for the local ditch association. If you will look on your map the yellow highlighting indicates the line with the x's on it, the ditch in terms of that line is the ditch line. The map indicates that historically the ditch was on the south side of the property line until a point about where the houses are located and that juncture it crossed over onto the north side of the property line and then (End of Tape) the issue the approval of the Aspens was done in such a manner that the Aspens are now taking water out of the lateral of the Watts lateral at a different point then the take out point that was on that shows here on your map and are running water through Meridian City Council September 16, 1997 Page 39 their project, irrigation water through their project through a ditch and manhole system with a pressurized irrigation system. Historically by virtue of this map there was no take out point on the. There was not two take out points on the Aspen property. When the Barrett's purchased their property it is my understanding from Mrs. Barrett that the actual supply to the Sciscoe property was on the north corner coming across the property across over the top of their septic system. That the ditch that you are seeing that is in the yellow highlighting had been covered by the former owner of the property and then was tied into the remaining portion of the yellow at the intersection of the two lines and apparently serviced what is now the Sciscoe property or from that point. When the Barrett's bought the property from that juncture they moved the ditch from going across the top of their septic system back to on the north side of their property line parallel to the yellow highlighting on your maps but on their property to hook to and feed what is the Sciscoe property and tied it back in together with the ditch that is by the buildings. If you look at the elevations that are on the maps it seems to indicate that probably at one point in time and the ditch configuration that is on the Watts lateral that the entire Aspen property more than likely was irrigated from East to West. Mr. Cunningham has indicated that it was primarily sugar beets that were grown in that area. So, on this tapa map it clearly shows that there was a parallel ditch system there which would indicate that is how the irrigation was done. So having said that as some background it is clearly very confusing as to what goes where and who gets what. I guess from that perspective it would be time for Mrs. Barrett and Mr. Sciscoe both to present to us as a Council their points of what the issues are and (inaudible). Corrie: Mr. Morrow, the 2210 N. Meridian Road is that Sciscoe's property, 2250 is Morrow: That is correct. Corrie: Let's hear stories here, Mr. Morrow, do you have anybody that wants to go first or have you talked to them? Morrow: I had not talked to them, I had anticipated that Dean would be conducting and apparently I misunderstood or he did or both of us did. Corrie: Well B starts first (inaudible) Bartlett: I did notice your sign about 3 minutes this has been going on for 3 months I am not sure I can do this in 3 minutes. I do have some pictures available if any of you would like to see them. I am going to give you from my perspective what I see that has happened over the past couple of years. Like Mr. Morrow said when we moved there, there was not a ditch running from East to West, it was across the property the other way. We put it there, we put it from East to West never knowing where it was. I have never seen this information that you had. Dean was supposed to supply it to me but he did not. Anyway so I have never known that there was a ditch from East to West, we just dug it there for our own personal use. But as the events happened I would like to go over them with you because I think it is important because I don't think everything Meridian City Council September 16, 1997 Page 40 has been treated fairly here and equally. On about July 8th I received a call from Shari Stiles advising me that she had a complaint from Mr. Sciscoe about accessing our property to get irrigation water. And that the weeds along and I call it a trench was not allowing him adequate water flow. There has always been an issue of water flow although tonight the water has been running since 12:30 this afternoon, I left at 7:30 double checked it again, it is still wasting along the ditch. So that is not a true statement. Anyway Ms. Stiles stated to me that she should be the mediator and I agreed to meet with her and Mr. Sciscoe so we did that on July 10th. During the meeting I made an attempt to show Ms. Stiles a problem that Mr. Sciscoe and his whole family was trespassing across our property any time they wanted at any place that they wanted even where we were having backyard barbecues and outside projects. Of course it got to be really irritating. In an attempt to resolve the matter I suggested that Sciscoe walk around the Aspen Hills Development to open the temporary head gate, but he didn't want to do that. Because he didn't want to do that I agreed to move the wood along our fence to provide him a walk way. But with that I asked him to sign a release of liability for the privilege of accessing our property. Mr. Sciscoe didn't know whether he wanted to do that and he would have to think about it. Because Mr. Sciscoe was abusing the privilege of accessing our property I told he and Ms. Stiles that he must stick to a water schedule and should be only Mr. Sciscoe and not his entire family that access our property. He didn't want to stick to a water schedule because it wasn't convenient. At this point I told Ms. Stiles that the situation was out of hand and it was ridiculous. Now this was back on July 8lh that I said this to Ms. Stiles. Then at that point is when Ms. Stiles openly admitted that she had made some mistakes with the Aspen Hills Development and that she should have required Aspen Hills Development to furnish Mr. Sciscoe with the irrigation water seeing as how his property sits right directly in front of the Aspen Hills development. A few days later I called Ms. Stiles and left a message on her voice mail letting her know that we had moved the wood along the fence way allowing Mr. Sciscoe a walkway. Then I received a letter from telling me that we were in violation from Dean Elhert that we were in violation of a City code concerning weeds and waste matter and regarding the ditch and the downstream, to allow down stream users a water head amount and pressure that they are legally entitled to. At that point I called Mr. Elhert because I was shocked at receiving a letter like this from the City of Meridian. We worked four years working on that property to clean it up. I couldn't understand why we received a letter. So I asked him about that and he said he was instructed by Ms. Stiles to write the letter. I told him I was shocked and highly offended but he said something about having the back two acres done, we have had it done every single year without somebody writing us a letter but I said we would do that and we would call him and let him know. Then I asked him at the same time have all the surrounding properties adjacent to me in front of Sciscoe, across by the church did they receive a letter asking them to mow their weeds that were 8 inches. No they didn't. So I asked Mr. Elhert why we were being singled out. His comment was that Ms. Stiles had a complaint from Sciscoe. I told Dean that I would notify him when the back two acres were done but as far as us cleaning the so called ditch if Mr. Sciscoe wanted to use it because we have never used it, it would be up to him to keep it clean. At that same time on 7/25 I asked Mr. Elhert for a code book. I said I would like Meridian City Council September 16, 1997 Page 41 to see your code book and he said it is 3 inches thick I can't give it to you but I can give you a copy of the what codes he was referring to in his letter. So I called him back, I got an anonymous phone call and so I called him back and said let's take a look at how the irrigation pipe runs through Aspen Hills could have easily furnished Sciscoe with water had it been done properly in the beginning and would have avoided all of this hassle that we have been going through. So he met me out at the property we walked the same identical property line as Mr. Morrow and I did. I asked him if he was aware of the irrigation pipe running right through Aspen Hills he said no. I asked him at this point where are we, what do we need to do and what is next. And he said he could certainly see my point but he would have to talk to Ms. Stiles his supervisor. Then I said to him listen this has gone on too long, too far. Let's try to bring some higher officials in try to get this resolved because I don't want to keep hassling over this, it is ridiculous. He said he would let me know in about two weeks. Then he also, at the same time because of the letter, the letter stated about the water flow and adequate water flow to the down stream users. I said to him I said there is always waste water coming down that ditch what do you mean he is not getting adequate water flow. Dean said to me at that point if it happens again you call me and I will come out right then so I can see. I said fine and I did that. I called him and left a message on his voice mail and I said here is your proof you come out and you take a look at this. But then later he told me during another conversation he said he couldn't have made it. I asked him about the weeds surrounding us, you wrote us a letter have all the other property owners received a letter to remove all of their weeds. No, I said what about the church? He said well those people who work over there do volunteer work. I have never gotten paid for doing mine. Then Dean told me he would get an answer within two weeks of what we needed to do next. He would talk to Ms. Stiles about it. So July 29 I called him and he was out of the office. On September 2nd I called him again and he was out sick, on September 4th I called him again and I said what is the status report with this situation. He told me I had to clean out the ditch for Sciscoe because they City of Meridian couldn't possibly ask Aspen Hills to provide Sciscoe with water. I then reminded Dean that we dug the trench for our own personal use, it was not there for Sciscoe's use. I told him I was going to cover up the trench and he and Ms. Stiles would have to deal with the problems that city of Meridian created by not giving Sciscoe water when Aspen Hills irrigation pipe went in. Mr. Elhert said to me I strongly advise you not to do that. I then asked him for the names of the City and County Councilmen that were over my district. He said he would get me that information in the afternoon. In the mean time I started making phone calls, I located Mr. Morrow, also located the County Commissioners because we could not get this resolved and I felt like the City of Meridian was not doing their responsibility as far as supplying Sciscoe water in the first place. Like I said Ms. Stiles already admitted that she made a mistake and that she should have done that in the beginning. So I just didn't feel like the burden of responsibility should lay completely on my husband and myself. So I got a hold of Mr. Morrow and Mr. Morrow and I walked the property as we looked over the situation we talked about the weeds around the surrounding properties. I met with Mr. Morrowan September 5th. On September 5th and actually I received it on the 7th I got another letter from Dean saying the City respectfully requests that all weeds be removed from the ditch and allow the downstream users adequate water flow. Meridian City Council September 16, 1997 Page 42 Failure to remove this is a fine up to $300 or 6 months in jail. I was shocked, I called Mr. Morrow I said something is going on. I feel like I am being harassed, I am being singled out, I am being discriminated against. And for what, I couldn't quite understand the just of all of this. So I asked, I left, I called Dean and I said Dean why did you send me this other letter. I said because I asked you to come by the property, I left a voice mail and asked you to come by the property to see that there was plenty of water to go around and that it was being wasted. He said well I couldn't make it. In turn I called Mr. Morrow, told Mr. Morrow that I was losing my sense of humor and shortly after that I got a call from Dean saying that he would resend his letter and that it would be dealt with at the City Council meeting. Again I have pictures to prove what it is that I am saying but as a property owner and a resident of the City of Meridian this should have never gone this far. It should have been resolved back when the development was being taken care of. I should not be singled out if I am going to receive a letter everybody in Meridian should receive a letter. I think treatment by City of Meridian has been very unfair. Can I offer anything else? I have made an attempt to resolve this. I made an attempt to resolve it at the first meeting with Sciscoe and Stiles. But obviously something is going on because I could not get it resolved. Corrie: I have a question, is that ditch a waste water ditch or is that an irrigation ditch a supply water ditch? Bartlett: Okay, the trench that we dug that everybody is talking about is a ditch that is just to us just a trench that we were going to irrigate the back 2 acres with. We have never used it, we have never had to because the guy on the other side floods us out all the time. So we just don't ever have to use it. So, but as he runs it down that trench or ditch over to water his property then there is another part that veers off and that is where the waste water, actually it is not waste water it is just wasted water and there is a code against that also. Corrie: Any further questions at this point? Bentley: Is that length of ditch is it on an easement? Bartlett Not that I am aware of? Morrow: To answer your question Glenn is the ditch that the Barrett's dug after they bought the property is on their side of the property line. So it would have been, and this is all extremely confusing. I think the real problems were started long before these two folk ever owned this ground or these pieces of ground and before Aspen was there. Because this map clearly indicates that the original supply ditch for their was on the south side of the property line. They dug a ditch there not knowing that there had ever been a ditch in that area. Barrett: So I guess I have a couple more, I think that as far as I am concerned I would like to propose what I classify as a resolution that would resolve all the issues. It would Meridian City Council September 16, 1997 Page 43 keep Sciscoe and his family on their property and it would resolve the problem that should have been resolved a long time ago. I don't know what drawing you have there but there is an irrigation pipe that runs through, do you have that there, an irrigation pipe that runs through Aspen Hills, how that runs through there. I have kind of colored some things (inaudible) On the drawing, I have kind of labeled them as best I could. I put up here Barrett's property, Sciscoe's property and Aspen Hills. Along here is a line, I drew a green line like in between here, that is where that irrigation approximately that is where that irrigation pipe runs through Aspen Hills. Again I have pictures to back that up. It comes back, runs out through a vacant field here just on the other side of Sciscoe's just on the south side of Sciscoe's. Now I don't, and it runs underneath the fence. To me there is no reason why that irrigation pipe because it is so close to Sciscoe's property can't be just routed right over to the back yard of Sciscoe and because that water runs through that pipe all the time also. So Sciscoe could have all the water he wanted any time he wanted it. Does that make sense where I mention that. I can't see where it would be a large deal to just turn that pipe instead of to the left turn that pipe over to Sciscoe to the right and let him have his irrigation water. Corrie: I guess one of the questions I have Mr. Sciscoe is where the original water was coming from for his property is it your side or the other side I am a little bit confused here as you can understand. You are confused I am even more so. Barrett: Before Mr. Sciscoe moved in Mrs. Himerich owned all that property that Aspen developed. Never did Mrs. Himerich irrigate from any portion of our property and I think she was there at least one to two years. We have had the property 4 years and she was there one or two before Aspen Hills developed. Never did she have, she had irrigation water but she never accessed it from our property whatsoever. Corrie: Council, any further questions or things that you might have? Rountree: I guess a point I need is you don't have any easement or anything to the favor of the neighbors for conveyance of irrigation water through your property? Barrett: Not to my knowledge. Corrie: Any other questions? We may hear the other side now and then come back. Thank you for your presentation. Mr. Sciscoe? Sciscoe: Mr. Mayor and Council members, this problem started quite a while back the times that Mrs. Barrett has referred to a reference was originally when we purchased the property I have personally no recollection of that ditch not being there originally. I may be wrong because I can't say honestly that I look back there to check to see that is where it was, I knew the place was getting irrigated, I am not sure where Mrs. Himerich got her water if it wasn't from that original ditch that was there on the plat if I remember right in 1976. The point of my family coming on the property was before Aspen Hills was developed we went up on the property up the ditch line to have them help me clear Meridian City Council September 16, 1997 Page 44 out the ditch so we could irrigate at that time. After that time actually before that time I was told that they didn't like us on their property. So I insisted on having my family my children come up the ditch to help clean it for that year and to access to get to the water for the irrigating. That happened over two years ago, it has not gone on since then. The problems for this year have started because I was going on their property after Aspen Hills put up the fence and the Barrett's had put some wood and stuff along the fence I had to walk around a little more onto their property to get up to access the ditch. Mr. Barrett was getting upset at me coming up there the times I have gone up there have been not even on my irrigation days because I tried to stay away from their property as much as I can. I don't have time to be making problems for people. I am not the kind of person that wants to make problems for people. But my irrigation days is every 10 days. I would go up there to irrigation not necessarily on my day because the ditch rider Mr. Cunningham told me that since there is plenty of water and he knows that we work during the week that if it is available go ahead and take it when you are home because of the time to (inaudible). Then right before in the beginning of July I went up there to spray the weeds because they are getting way to thick on the ditch and affecting the water flow. I did it by hand, took a two gallon hand sprayer and walked up across the Barrett's property and along the ditch line to spray then I would have to come back and refill it. Well after two times Jack was out there and I said hello to him and he just looked at me and said what are you doing on my property, you have no right on my property. By that time I have gone over the City laws on it and the State laws on it and I knew I had the right of way. But he didn't really care if I had the right of way or not. So he got upset at me but I went ahead and continued to spray the ditch and that was when on that same day I believe that Doris came over to our business maybe we need to get together with the City to resolve this. I said that would be fine with me let's just get it resolved. She said she would call the City. Well after a couple of weeks I hadn't heard anything so I talked to Ms. Stiles and so we set up the meeting and she got a hold of Mrs. Barrett and we got together on the meeting. Mrs. Barrett's answer to the problem was for me to walk around Aspen Hills up to the gate to up it up there and if I had to do anything to the ditch to go around that way and then right back down. I said well that is a long way for me to go especially if I have to go and clean it out. What I was basically told was they didn't want me on their property for any reason. That was their answer. All they did was go over and say hi to Jack and at that time when in Shari's presence she said well just don't say anything to Jack just don't talk to him. So since that time of that meeting with Ms. Stiles I have not gone on their property walked up that ditch. I have always gone around Aspen Hills and then have walked down the ditch to clear it out and have gone back up opened it up and gone around the other way. Today I did go up there, I had a meeting with Mr. Elhert because he wanted to check the flow and how long it took to get down the ditch. So we went up there, we opened it up, we went down the other end. I had a flow until it came out of the pipe. After that meeting it took about 45 minutes for that to happen, then at 11 :00 or right before 11 :00 I went up and shut the gate. If there is water flowing out of there I don't know why jf somebody has played with the gate or what. Now, I am not sure just exactly what else I can do in this scenario. That ditch was originally there, and again jf it wasn't there when the Barrett's bought the property I am the lesser. I don't know jf it was or not. But I know even if it was buried it Meridian City Council September 16, 1997 Page 45 would have been buried illegally because it was a ditch an irrigation ditch. By the law it says you can't do that without permission even with permission it is hard to do because as far as I know that is the only place that Mrs. Himerich was getting her water. That is when I started checking out the laws on as far as my right of way to walk up there. That is when I started checking into the City laws on who is responsible for keeping it clean. I felt it was an even compromise jf I am going to walk around and open up that ditch then they be held responsible as the City Ordinances say to keep that ditch clean then I don't have to go on their property. Then they won't have to worry about it. When Mrs. Barrett brought up the weeds in their back lot as Dean had spoken to her the only weeds I was talking about were the ones in the ditch affecting the flow. That is the only ones I am talking about, I don't know if anything else, I do know that when up to water the next time that they had mowed their whole back acreage and that Mr. Barrett has driven his A TV down there to kind of put down the weeds in the ditch and it looks like he did spray it too. I know when I sprayed it wouldn't have covered what he covered. But there are still weeds and debris in there that make it very difficult. When I went up there today with Mr. Elhert it took there are 7 or 8 very good size gopher holes that (inaudible) so I had to go back through and dig them out and walk back up etc. I suppose that is all I have to say about it because that is basically what has been happening. It has all been recent as far as the problems in that regard. If I have walked on their property when they have been having a get together or something I must, I wasn't aware of it and it has never been my intention to invade their privacy to go on their property when it was not necessary. I have no reason to be harassing my only neighbor. I just wanted to be able to get my water reasonably like I am entitled. If they didn't want me coming on their property like they stated to me so many times then I just felt well it is within the law for them to clean the ditch. If they like me coming on to clean it and to take care of it then that is a fine compromise to me. By law they are supposed to take care of it and I will stay off of it. As long as I don't have to walk it to clean it and I am getting the head flow I need then that is alii need. Corrie: Who bought these properties, was Barrett there first (inaudible). As far as you know water has always come down that where the yellow line is. Sciscoe: And I assume that probably Mr. Cunningham would be able to verify it, he is the one that has been around the longest and he has become ditch rider by default. I am sure he knows even if it was Barrett at one time it may have been. As far as the pipe going through Aspen Hills that, I think that is just a run off from when they are pumping pressurized irrigation into their apartments for watering. I know Shari presented that to me at one time when we were having the problems last year and they built about bringing their pressurized down to us or getting us access. We did talk about tiling the ditch because their fence they put up I would say is about 4 feet of that ditch. So even if the Barrett's wanted to clean it by burning they couldn't without jeopardizing losing that fence. I know the Barrett's and I both brought that up to the City at that time because in the book it talks about any ditch that is running adjacent to the property line should be tiled. Evidently Thomas Development had the ability to make sure that didn't Meridian City Council September 16, 1997 Page 46 really happen. That is part of the problem for Barrett's and us both at this time. If it has been tiled at that time it wouldn't be happening at all. Morrow: Technical question, where the water that comes out that goes through Aspen in the pipe that is close to your property is it technically possible to irrigate from that pipe? Sciscoe: The pipe that I have seen where it is coming out is very Close to James Court. That is on the other side. If you look at the map there that rectangle in front where there is a vacant lot is about % acre and ours is almost a half acre. It used to be one parcel we purchased that northerly half from the Dorado Development who owns that property who was in conjunction with Thomas Development when they developed that whole area. So there may be a pipe running under there but as far as I know as far as close to our property I am not sure where they pipe if it comes down and runs at a right angle and goes over to that corner or how they ran it. It is all under ground it is just a run off pipe it looks like to me for their pressurized system. Morrow: I guess the answer I was hoping for was that you would be able to tell by elevation either it would work or doesn't work in terms of water flowing onto your property. I know that I have seen the pipe it is reasonably close but I don't know in terms of elevation whether water can get there and go out. Sciscoe: Mr. Morrow am I correct in saying, to make sure I am looking at the same one that is draining over by the corner of Meridian Road and James Court, is that where you are seeing it coming out. Morrow: No, essentially where I am seeing it coming out is very close, this is the 1976 map if you look on here it shows this ditch you are referring to as clearly on the Aspen property it is not on the Barrett property. It crosses over to the Barrett property over here. Mrs. Barrett is indicating that when they bought the property on their property there was no ditch that had been back filled that the water came across here and into here. Here is the parallel ditch that was apparently done when this was irrigating from east to west in terms of the property that Aspen now sits on. It was my observation that someplace in here was where the discharge line and Aspen now has a take out point in here that comes in. Now they have the line marked as sewer manholes but in reality Dean checked those for us in the last couple of days and it is an irrigation system that runs through there. There is a pump station someplace in here. Then the line continues on all the way down and discharges here. My question was is it technically possible at this discharge point to irrigate on this property of yours. That would be a situation in terms of elevations, I don't know what the answer is. Sciscoe: To me when we went down this ditch right here the Barrett's property it flows into our backyard here (inaudible) and into the drainage ditch here. Originally when we moved there, there was a ditch behind our property that kind of barriered off the housing the house where we live on our property and the farmed area. Now we still have this Meridian City Council September 16, 1997 Page 47 one running over into our property but again I haven't seen exactly, I thought it was coming out right over here. I am not sure if it was back in here and draining out. I didn't notice anything over here in these weeds etc. that are here now. If it is possible for me to get water out of there and from that elevation to water our property I don't have any problem with that. Morrow: (Inaudible) Corrie: Any question Mr. Rountree? Rountree: Do you have in your deed acquisition transition papers indication that you have water delivered to that property in your favor an easement for that delivery system? Sciscoe: I would have to check Mr. Rountree to be sure. Rountree: You haven't checked? Sciscoe: No sir, because when I got there I had been irrigating out of this as long as I have been there and from the drawings I assumed that ditch had been there a long time. An established ditch from my understanding can't be refused the water and that is the only place I understood it was coming from when I moved there. Corrie: You definitely had water rights? Sciscoe: I know I am paying the irrigation company for it. (Inaudible) Corrie: Mr. Morrow, you walked that you are more familiar with it then I am, do you have any suggestions, maybe try that other route? Morrow: I have to tell you guys from my standpoint where I am at now in terms of thinking this through is here are two people that clearly didn't have anything to do with creating the situation that they are in. Each bought in good faith and assumed that they were trying to do the right thing. There is more than enough conflicting information here to indicate that by virtue of dates and what has gone on and some knowledge of the former owner of the Barrett property would indicate that this is not inconsistent with some of their performance. The point being is that it is a tough deal but it seems to me that the only real solution at this point is kind of a live and let live solution to the problem. Irrigation water in developed areas as all of us know having been involved in that are very tough issues. So it is, f guess from my perspective my first preference would be to look and see if it is possible to irrigate out of the overflow pipe from Aspen if it works at all. Barring that at this juncture see if we can't back up and see if we can't encourage some help and cooperation between the two folk understanding it is a bad Meridian City Council September 16, 1997 Page 48 deal for each. This is one of those things that if folk want to pursue it past this level to (inaudible) my good friend and colleague Mr. Counselor and his group of folk that none of the four of us are going to win. Neither the Barrett's the Sciscoe's, the City of Meridian or the Irrigation we are all going to be cash poor. So having said that I think that from our perspective as a City or at least from my perspective if the thing can't work with the Aspen tie in then what needs to happen is that we need to approach it from a standpoint of where the Barrett's and the Sciscoe's and the City of Meridian sit down and say look this is a bad deal for all of us but we need to work our way through this and get on with life. J think because of long term given what my understanding of the properties are being development properties they are going to be businesses or redeveloped into something else. In the short term we solve the problem as best we can. Corrie: I have a question, I am still not clear Walt, on this irrigation ditch you have a line here, is that on the Barrett's property that all the way down? Morrow: Now historically it was not, historically it was on the Aspen Hills property. It made the cross over about the Barrett place of start. When the Barrett's purchased this property the prior owners had covered over any ditch that may have been on their side of the water and they were routing the water across this (inaudible) across the top of their septic system to this pick up point and then supplying apparently the Sciscoe house by here. The property where Aspen's is by virtue of this double ditch that shows on the map was irrigating out, coming out of a head gate located here was irrigating from east to west and then discharging into the drain right at this point here. So it is my observation now at this juncture on the Barrett side of the property they relocated this ditch here because of crossing the top of their septic system. They ran it parallel down to this point and hooked it up on their property. So my suspicion is that this ditch here that ultimately serviced that Aspen is using now as a take out point here for their pump station and then they are piped all the way through a manhole system to discharge out right in this area someplace in there with the excess water. Corrie: Hearing the Barrett's side that they are willing to move wood and let them get to that point I am encouraged there. Of course everybody has a right to privacy at the same time so that is a pretty difficult one you are right. Go ahead and come up here if you want to talk too, if we can work this thing out between the two of you I would be much happier. But if we can't then they have to go some other way. Barrett: I guess my question is it is just like Mr. Sciscoe said there is no sense in having two neighbors at each others throats. I sincerely believe that we have heard tonight, all that I went through all the research that we have both done and in your City in your development book it says adjacent ditches be tiled. If that was truly an irrigation ditch and we approached Ms. Stiles on it right when all that was happening why wasn't it tiled. Your development book says it is supposed to be. So if it is truly a ditch why wasn't it. Why was it just like Mr. Sciscoe we tried to approach the situation when the fence was going up because we knew we couldn't burn along there. Why wasn't it Meridian City Council September 16, 1997 Page 49 resolved then. Why did it have to wait until it got to this point when City of Meridian could have resolved it then it should have. Should never had put Mr. Sciscoe and I in this position and I feel like that is vvhere the burden of responsibility is. Now just like Mr. Morrow said if everybody wants to go to court and everybody wants to sit and fight I guess that is everybody's choice. If they really want that so called ditch which we dug ourselves and paid to have that dug if the City of Meridian really wants to keep it there then for all the harm that the City of Meridian has caused both of us then maybe they ought to tile it. If they are so set in making sure that ditch stays there and that Mr. Sciscoe uses it and because it was City of Meridian's error something is really wrong here we have wasted a lot of time. I am a tax payer it is my money that is going out the tubes too. But we did attempt to resolve this back a long time ago. Corrie: I can understand your point. The way I looked at the ordinance if there was a ditch there or whatever water was on there it is through and to and required and it has gotten all jumbled up. It is a mess and I don't know whether the City was going to pipe that line for anybody to take care of that. Of course that is a Council decision too but I don't see that. So I guess maybe we better take your thoughts Mr. Morrow and see if we can't do it that way then and approach it vvhatever way we can. If we can't use it that way (inaudible) from the other way that would satisfy both of you, you are wanting water and you are wanting to be responsible for all that you have gone through and I understand that perfectly. So maybe we ought to try and see if can't get to Aspen Hills and get that on the other side of his water and that would take care of your problem and his water as far as water concerns. If he has water rights he is entitled to that water and how he gets it there is where the problem is starting. (Inaudible) there are some errors that have probably been made here and we all are suffering from it now. Now the question is how do we get this solved and maybe we should go in and look at that. Barrett And I agree that we have all made mistakes, we have all made mistakes through this but the burden of responsibility should not be just because the City wants to save money should not be thrown onto two innocent parties. It should have been resolved back when we tried to resolve it in the beginning. But it wasn't it was let go. It was justified and like I said it clearly showed in your development book that if it was an adjacent ditch it requires that an adjacent ditch be tiled and it was not. Corrie: Mr. Sciscoe does your property go all the way back to that other ditch too? Sciscoe: No sir mine it right in front of the Aspen Hills. Corrie: So then what we are talking about in tiling is between your two properties. Morrow: No Bob, the point is and I guess what I want to go back to is the original mistakes were made somewhere in the late 70's early 80's or vvhatever. I can see a scenario here where the mid 80's vvhere the Aspen folk and the City by virtue of seeing the ditch on the Barrett property and thinking of that as a supply ditch to the Sciscoe and that may have been the ditch that the Aspen property was irrigating out of. Well that Meridian City Council September 16, 1997 Page 50 was the passage of time, (End of Tape) With respect to Mrs. Barrett's point the ditch on her property Vllhen Aspen developed wasn't an adjacent ditch. It was a drain off ditch that they had dug themselves. The supply ditch running to the west was on the south side of the property line, it was on the Aspen property. It wasn't being used or hadn't been used or wasn't readily apparent to the eye. Sciscoe: Mr. Morrow which ditch were you talking about there? Morrow: This ditch here was originally on the south side of the property line on the Aspen property it was not on the Barrett property, it clearly shows that. Sciscoe: I see you are just saying it is over on the, it would be on the northerly border Morrow: That is correct. So I guess, it may not have been apparent to anybody and the assumptions were being made that this was the ditch over here when in reality it was Mrs. Barrett and her husband that had dug the ditch for other reasons, not as a supply ditch. Sciscoe: Excuse me Mr. Morrow, if that wasn't the supply ditch for the property what was? Morrow: Well the ditch that shows on this map was the supply ditch, the Barrett ditch that you are using currently is on the north side of the property line. Sciscoe: As long as I have been there I have been getting water on the property and that is why I don't understand, if this wasn't there when I moved in then where was I getting my water from? Morrow: What I am suggesting to you Mr. Sciscoe is that you were getting your water through a ditch that ran down the Barrett property that originally didn't exist, it existed on the south side of the property line on the Aspen property. They dug the ditch themselves and that apparently when the Barrett's bought their property this water coming to this point here was taken out right over here and came across here and went this way. All of that stuff was done long before the two of you were there Vllhich changed the original way which all of this stuff irrigated in here. So that is my point, everybody here thinks that they are trying to do the right thing and they are based on the facts that they know and understand given the time frame. My point to you is that the time frame that existed when the two of you were involved in 1976 is radically, the facts are radically different than existed when you guys bought your properties. In fairness to our City staff and the Aspen folk some of this could have been easily concealed and neither of them knowing either. Rountree: The question I have is there is no apparent information before me that the Sciscoe's acquired that property with irrigation delivery system intact. Just because you have a water right does not necessarily mean there is a conveyance. We all have water Meridian City Council September 16, 1997 Page 51 rights and the conveyance could have been sold by the owner of their property when they sold the back part to Aspen's. I guess my question for Counsel is just because water happens to be running down a trench or a ditch that somebody dug does that then give anyone a right to use that for conveyance irrigation unless there is some kind of an easement in their favor for delivery of water down that conveyance? Crookston: There is a ditch running through their property but they have no water right? Rountree: If you had a ditch if at your place you put a ditch from the lateral to your backyard so you could irrigate out of it does that mean your neighbor then has the right to utilize to connect to that ditch and have water delivered to their property? Crookston: No Rountree: There has to be come mechanism to establish that corridor of conveyance either by easement or prescription or something I would think. Crookston: The only reason there is water in my ditch is because I have brought it onto my property. Rountree: I think that it seems to be the issue here is that yes at some point in time there was a delivery system for the Sciscoe property and it didn't involve the Barrett property at any time by any kind of easement. When the parcel was split up the back half developed originally owned by the same person. They may have had a delivery system up to their homestead site through that. When they sold it off that delivery system was gone. Crookston: In your example when I bring the water from the let's say the Eight Mile lateral onto my property I have to have some means of taking it off my property which the only reasonable way would be to run the waste back into the Eight Mile lateral so it does not go onto any other property owners property. Barrett: I do know and I am trying to think this through as I hear Mr. Morrow mention that ditch, there was a ditch on the, I am not real good at east, north, west, on the south side of Aspen Hills. Because we drove through it as a short cut. Now that you mention that and I think back, we would drive through that as a short cut from James Court where my mother in law lives over to Barrett property before the fence was there before Sciscoe was there before any of these people were there. It was just a little shortcut but you had to get to through the ditch first and then come up. Morrow: Even Charlie, even with the historic ditch at one point here at the corner it did cross over onto what is now the Barrett property and run parallel and then run south at the back end of what is now the Sciscoe property. Meridian City Council September 16, 1997 Page 52 Rountree: But again my question to Wayne is if it is not established in some kind of a deed or easement or whatever does any ditch fall under the state irrigation code? Crookston: No Bentley: Mr. Crookston, are you fully familiar with Idaho Irrigation laws? Crookston: Not totally. Bentley: Because they are weird Crookston: I don't dispute that Bentley: I have a copy of them but I don't have them with me. I think you really need to look at that because you will be shocked at some of the rules that are in there. I believe Mr. Sciscoe is correct that if there is a ditch whether it is easement or not and it is flowing water to a property and it is being used to deliver water that it cannot be removed. It is like a road through the middle of your property that you allow the public to ride on. If you think back to the days of Johnson's property up in the hills. When there was a big argument over the road through that property it is virtually if I remember right it is virtually the same scenario. If it is used then you can't just say well I don't want you driving through anymore and throw up a fence. Crookston: That is true but that doesn't relate to the question that Charlie had for me. What he was asking was if I brought water onto my property from a lateral the only, I have the right to use that water as long as (inaudible) but I also have the duty to get it off my property so it doesn't interfere with the use of any other property owners. Bentley: That is correct and that is also part of the water law. But what I am saying is to take and just abandon it just like you abandon a road that the public has used that runs through your property even though you put that road in if I remember correctly that the water laws read virtually the same. You can't just up and throw a gate up across and say you can't use it anymore. Crookston: That is true if there are other users of that road or the water. Bentley: In this case there is another user it is Mr. Sciscoe. That is the point I am saying, you are going to have to pull that out and look at it because Idaho water laws are real screwy. Crookston: I agree with that. Barrett: But what happened to the ditch on the south side of the property of Aspen Hills that should have furnished him the water in the first place? Meridian City Council September 16, 1997 Page 53 Bentley: Somebody filled it in Barrett: Yes they did and we questioned that at that time it happened an the ditch rider said to us when you have money and you want to develop you can do anything you want. And they did, exactly. Morrow: So you are indicating that the ditch that was there was filled in by Aspen Hills? Barrett: Yes I am Sciscoe: And which ditch is that that we are talking about? Morrow: The one on the south side of the property line. Sciscoe: Aspen Hills was developed after we moved on the property, as a matter of fact it was at least a year because Shari was verifying whether this and the Barrett's about that development to make sure the layout was okay to make sure they weren't putting apartments right up against the property line etc. it was a pretty drawn out process. The whole time I was getting water out of that ditch. The gate has always been there. Morrow: Which ditch? Sciscoe: Whichever, the one that is right up here Mr. Morrow on the yellow light (inaudible) there is a gate there, that has always been there as long as we have been there. Morrow: What I am suggesting to you is that in 1976 when this was made that gate was on the south side of that property line it was on the Aspen Hills property or the Aspen property. Sciscoe: Again I think that is where we need Mr. Cunningham to verify whatever we could including burying the ditch because it wasn't Thomas Development that buried the ditch because it was there, I was using it. Morrow: The one on the south side. Sciscoe: I don't know which side, according to Mrs. Barrett that ditch wasn't there when they moved on. So they must have re-dug that was the only ditch I was using because they moved on before we moved in. So, if there was a ditch on Thomas's development property that was all (inaudible) they had not started development and I was using water out of a ditch that had a gate on it. Which side of the property line we didn't know because the pins hadn't gone in yet for the development. I think that is anybody's guess on that one. Morrow: (Inaudible) Meridian City Council September 16, 1997 Page 54 Sciscoe: It very well may have been at one time but the ditch I had been using has always been right where it is at. Morrow: Weill guess in order to move this on where we really need to go to is we need to find out if that water supply that comes through Aspen Hills can work for your property. Sciscoe: Again if it can that is fine too. Morrow: If it can't then we will address that issue. Barrett: I do know that by going around by Aspen Hills right directly behind Sciscoe's they are and I don't know irrigation pipe although I can learn but there are irrigation sprinkler heads that is just right up close to his back fence. Sciscoe: The pressurized irrigation system is right there. Barrett: I don't know whether that is possible, but there are little sprinkler heads right behind Sciscoe's house. Corrie: Weill guess we better check it out and find out what can be done I guess. Morrow: Well obviously I think the first answer to the question Bob is that Mr. Sciscoe needs to see if the water that is exiting there will irrigate his place. The water that is wasting on past or through Aspen Hills will irrigate his place. Only he knows how his place irrigates, that is clearly not something that any of us are capable of answering. If the answer to the question is yes that will work and he can irrigate through that then we need to make sure that is where we draw his water from. If the answer is no it can't work then at that point we need to have a discussion between the Barrett's and the Sciscoe's that allow the current system to work as best it can with some sort of agreement between the two of them as to how the ditch is maintained and tied on and off and so forth. Corrie: How much time have you got with water in there so you can find that out? Sciscoe: I believe the 15th of October. Corrie: About a month, do you think that you can do that for us? Sciscoe: I can research it out and find out. My first impression is that it is all downhill from where we are at from the way the water flows now. So I will still check it out and find out what we can on it. Mr. Morrow, if it is possible for us, if you can show me exactly which one you are talking about as far as which one it is come out at in relationship to our property so I know where we are at. Meridian City Council September 16, 1997 Page 55 Barrett I am more than happy to show you where it is at, I won't beat you up or anything. Corrie: I think we are making some progress here. Would that be alright with you to check that out. And if we find it isn't then we will try to sit down and hammer this out (inaudible). Barrett (Inaudible) I just wanted to added I don't know if it adds any bearing but there never was any big problem until the development behind us and they put up the fence. Before we tried not to go on their property because we understand there is no fence so we could walk on the back lot there to take care of stuff. When that fence went up it really caused a lot of problems. Corrie: Let's see if we can't try that Mr. Sciscoe (inaudible) Barrett Can I have a clear understanding (inaudible) I have agreed to go over with Sciscoe to show him where that pipe comes (inaudible) So we are going to do that and as Mr. Rountree said (inaudible) find out whether he has water rights Rountree: I think he has water rights, my question is does he have somewhere on record that he has a conveyance of that water to his property. Barrett Is he also responsible for locating that information? Morrow: I think the answer of the question goes both ways I think you also need to research yours to see if there is an easement situation on your property that requires you furnishing water to somebody else or requires transfer across your property. Basically both of you need to be researching that. Corrie: Like Charlie says technically both Charlie and I have water rights where we live but we can't get the water because we can't bring it across there is no way to deliver to us. So that is what we are trying to clear up here. If we can do that then we will bring it back and see where we are (inaudible) or the best we can. Barrett: And somebody will let me know that I won't be receiving any more letters. Corrie: No, they were doing what they were supposed to do but we won't give you any more letters for awhile anyway. It may be an apology letter later. Thank you Mrs. Barrett and Mr. Sciscoe. Morrow: I have no further department reports. Corrie: Mr. Bentley? Meridian City Council September 16, 1997 Page 56 Bentley: I have a couple, three or four. We are having a problem and the chief and I have discussed this and we are looking at some solutions with the annex building. The owner is not willing to let us having parking over there. We in turn are looking at some other options. Moving the total phone system over there is $20,000 and then when we move out it will be another $20,000 to put it in someplace else. We are not going to do any inside installations, walls or anything, we are using temporary walls, the partition walls that we accumulated. What we are conceivably looking at doing is getting a portable and putting it on the grass area to the, which direction chief, south of the station. We can then conceivably run phone lines directly through the wall and into the building at a substantial less cost and plus have access to the computers that are already in existence. We are going to research this we feel that we can get this trailer or this portable put in and save the $20,000 and turn around at some time in the future with moving to a new location that we could resale the portable. It is still in the looking station right but it is something that we are looking at. We will be in fire negotiations tomorrow night and hopefully we will get it rapped up. I had Kenny work up some figures that I have to go over yet and then I will pass out to everybody before we go to the planning session on the possible start up of another station should we decide to go through and put in place in a year. That is alii have. Rountree: I have a question, do we have a session scheduled and what is the date. Morrow: It would be the 23rd and the agenda will essentially be the same one we had at our last planning session with the exception we will be fine tuning some ordinances (inaudible) so on and so forth. I think it is appropriate now that the school year has stated that we invite Bob Hailey for a brief presentation and have him bring us up to speed (inaudible). Corrie: Mr. Tolsma? Tolsma: I have nothing Corrie: I have one, I need to go into an executive session for about 5 minutes or I can talk to each one of you individually. It is something that needs to be taken care of within the next four days. Morrow: Let's do the executive session. Corrie: That is all I have Bentley: So moved Morrow: Second Corrie: Okay moved and seconded to go into executive session, all those in favor? Meridian City Council September 16, 1997 Page 57 MOTION CARRIED: All Yea EXECUTIVE SESSION Corrie: Okay, we are back from our executive session at 11 :20 personnel matters were discussed but no decisions were made. I will entertain a motion to adjourn. Rountree: So moved Tolsma: Second Corrie: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11 :21 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: - - ~ ... BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHERRY LANE CHRISTIAN CHURCH CONDITIONAL USE PERMIT FOR FAMILY LIFE CENTER BUILDING 2511 WEST CHERRY LANE SOUTH OF CHERRY LANE AND WEST OF LINDER ROAD MERIDIAN r IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 18, 1997, at the hour of 6:00 o'clock p.m., the Applicant appearing through its representative, Richard Bugatsch, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 18, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 18, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located at 2511 West Cherry Lane and described in the application which description is incorporated herein. The Applicant is the owner of record of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CHERRY LANE CHRISTIAN CHURCH 3. The property ~s zoned (R-4) Low Density Residential District. 4. Pursuant to the application, the proposed land use is to continue as a church, but with the construction of a family life center building on the property. The family life center building provides a gymnasium, fellowship and classroom space, and expand upon and enhance the existing use as a church. 5. Pursuant to the application, the Applicant agrees to pay any additional sewer, water and trash fees or charges, if any, associated with the proposed use of the property. 6. Richard Bugatsch, the representative of the Applicant, testified and explained substantially as follows. This application is for the construction of a 12,536 square foot family life center to add to the existing facilities at Cherry Lane Christian Church. The Applicant has reviewed the comments of City staff, and, in general, does not have a problem meeting the requirements of the city's zoning ordinance. However, the Applicant has a major concern, at the present time, with landscaping and parking requirements. Although the existing parking lot has been in place since 1983. He understands that the current zoning ordinance was adopted in April of 1994. Consequently, many of the present requirements did not apply in 1983. The Applicant recognizes that adding a fairly major project to the property imposes some requirements upon it; however, the Applicant would like some latitude in how it approaches the landscaping and parking problems identified by City staff. The Applicant would be required to have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CHERRY LANE CHRISTIAN CHURCH one three inch caliper tree for every 1,500 square feet of parking which is 57 trees. The Applicant would like the City to consider a reduction in the caliper size or perhaps reduce the number of trees required, and give the Applicant some latitude in the time frame to meet the changes which are required. In addition to the issue with the trees, City staff provides that the parking striping and drainage needs to be revamped. The existing drainage system collects water and presently discharges into Nine Mile Creek. The Central District Health Department requests that the run-off collect and run through a landscape swell prior to discharge. The Applicant does not have an objection to addressing such parking requirement at some later point in time. The Applicant would like to look at alternative methods of water retention, for example, perhaps some French drains, but, again, the time frame is of the essence. The Applicant's request is to look at the landscaping and parking requirements as it relates to the present development of the property. The Applicant proposes to landscape around the new structure, deal with the parking situation in the new structure area and implement a phasing schedule to deal with the rest of the site. The Applicant will comply with the City's requirements, whatever such requirements may be, in order to make the proposed project move forward. However, it would like the consideration of the time and economics involved in updating the whole facility to accommodate a development that only encompasses approximately one- third of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CHERRY LANE CHRISTIAN CHURCH 7. In response to questions of Conunissioner McCoy, the Applicant's representative testified substantially as follows. The Applicant will comply with all of the mandates of the American with Disabilities Act, building codes, fire codes and any other requirements that are related to it. In the City's staff report, there is a conunent concerning fire access. The Applicant met with the Fire Marshall and building department. They suggested that fire access be provided through a rear access; however, the Applicant needs to investigate whether such access is feasible. If not, the other option is to locate a new fire hydrant in the rear location. There exist details which need to be worked out. The approach to this development is to work with the City and make it affordable for the Applicant, and the type of development which fits the conununity and the aims of the City'S zoning ordinance. The preliminary drawing was prepared for presentation to the Planning and Zoning Conunission to determine whether the Applicant is meeting the aims and goals of the zoning ordinance, to address the concerns raised by Shari Stiles, the Planning and Zoning Administrator, and to resolve what requirements will be imposed, prior to developing detailed documents. The exterior of the upper part of the building will be synthetic stucco and the siding of the lower portion will be standard construction for this area. The roof will be metal. The proposed building will be a Ii ttle different from the existing building in style and color. The color of the roof on the new building will be brown and the siding an off brown. The color will be conservative. A comparable structure is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CHERRY LANE CHRISTIAN CHURCH the Karcher Church of the Nazarene in Nampa, Idaho. That structure was used as a basis for the type of building the Applicant desired. There is existing parking lot lighting in place. The Applicant will evaluate whether more will be required with the building placement. Usually, additional lighting is placed at the rear for security purposes. It will be designed so as not to intrude into neighboring areas. 8. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The current parking lot is striped; however, the striping is not in compliance with the City's current zoning ordinance. In the area immediately surrounding the building, the Applicant has revamped the proposed parking area to accommodate the new building. If necessary, the Applicant will implement a schedule to restripe the rest of the parking lot. Wi th regard to the area between the existing pavement and the drainage right-of-way, he understands that there exists 12 feet before the right-of-way. The Applicant believes the right-of-way is federally owned land and will landscape accordingly. The Applicant is proposing the 28 trees shown on the submitted plan. The number of trees will be increased if required. The Applicant is concerned with the caliper size requirement. The Applicant would prefer to go to 1~ to 2 inch caliper trees, and will work wi th the Ci ty to determine the required number of trees versus the size of the trees. The Applicant presently has approximately three times the amount of parking which is required. The Applicant anticipates a maximum FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CHERRY LANE CHRISTIAN CHURCH membership of approximately 359 peoplee The parking lot currently has 125 stalls, but the presented plan illustrates 159 stalls. 9 . Commissioner Smi th commented that he would prefer the Applicant have three inch caliper trees, or increasing the caliper size of the tree if the three inch caliper trees are difficult to locatee In response to the comments of Commissioner Smith, the Applicant's representative testified that the Applicant's approach is to view this development in the sense of a grandfather clause by mediating the initial impact and scope which it has upon the Applicant in terms of cost and a time frame in which to comply. 10. At the Meridian City Council Meeting held on August 5, 1997, Larry Woodard, an Elder at Cherry Lane Christian Church stated as follows: We now have 22,000 square feet of educational worship spacee It will contain a gym for youth, classrooms for instruction to young married couples, classrooms for religious instruction and places where those having addiction problems can meet. Our primary focus will be towards youth. We are now are looking at starting construction next March e Concerns range from the size of the building, the proximity to neighbors, the security lighting, the lack of landscaping, general upkeep of our property and the loss of view by the neighbors to the west. We have met with many of the neighbors who directly abut our property and found that most have no objections to this proposal. We agreed to place two gates to keep people from parking behind the building except when capacity crowds are expected. We have lowered the height of the facility to minimize the impact on view. We agreed to obtain a better idea of the effect of the building on the sunlight in the yards of two neighbors and we have reduced our parking to the barest minimum possible to accommodate the landscaping requirements. Landscaping requirements represent one of the more difficult aspects of meeting City requirements. 11. Also at the City Council hearing Dana Kaufman, the architect for the Church stated as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CHERRY LANE CHRISTIAN CHURCH Wi th regard to the lighting some concern has been expressed that we do not light their backyards we light the parking lot. We will not put any lights on the building itself. They will be either a 20 to 25 foot high parking lot light directed away from the property owners back towards the building and in some cases they will provide ballard lighting to landscape below the light line below the six foot fencing line. The building height, at the ridge, is approximately 29 feet 8 inches, the eve heights will be 21 feet. The parking, on site will provided 139 parking spaces. One response to the problem with parking behind the building at night, we are going to provide gates with locks for the fire department so they will have access behind. The stickler is the landscaping. We propose to meet those requirements by the addition of approximately 57 trees to the site. The west side of the property abuts the Rutledge lateral and it has been tiled. Nampa & Meridian Irrigation District will not allow landscaping other than grass over the top of this lateral. We have offered to landscape the west side of the fence of the property owners next to the Rutledge Lateral to help alleviate some of their concerns with the building. The church has agreed to eliminate some of their parking spaces and provide trees on our side to help screen the building. 12. In response to questions from the City Councilmen Mr. Woodward and Mr. Kaufman stated as follows: The addition will be compatible in the sense of the color. We will not have brick but will have synthetic stucco, stucco panels, and metal panel will be used for construction but they will have the appearance of stucco. 13. Thomas Jewell testified again at the City Council hearing as follows: When we purchased our house approximately 3 1/2 years ago we bought it as an unobstructed view of the mountains. We believe that we paid extra for that view. When this building goes in we will lose entirely our view to the east, we will no longer be able to see Bogus Basin, we will no longer be able to see the sunrise. We feel that because of the obstruction to that view and the proximity of the building to our fence that we will see a substantial "decrease" in property value. Part of why we bought this home was as an investment towards our retirement to lose property value will impact us significantly in that area. I requested a survey be done to see how much shadow from that building would be cast on our home and into our yard. I received back from the architect a draft in which it shows in the morning when the sun would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CHERRY LANE CHRISTIAN CHURCH the, the shadow would be the longest that the shadow line from the building would equal the shadow line and be right along the same shadow line as our six foot fence which would be approximately 7 feet onto our property. So two days after I got the survey I went out and I measured the shadow. My house is 43 feet from my property line and the shadow from my six foot fence was four feet up the side of my house. Given that the building is going to be 30 feet tall, 29 feet 9 inches, and is 25 feet from my fence that would cast a shadow clear across the street on the opposite side of my home. I believe that would cut my sunlight down, unobstructed sun light down in my backyard to probably about 3 hours a day. Here again too it is a significant impact on my property. The landscaping was mentioned during our meeting however I did not agree to it. They talked about putting 8 foot arborvitaes on my side of the fence which is all fine and good except that it would decrease the usable square footage of my backyard substantially. It would require even though they would pay for it and install it, it would require me to maintain it. Also I would have to relocate my sprinkler system, pullout the existing landscaping which was just put in. This would all have to be done at my expense, I think it is rather unfair to ask me to do that. I do have some considerable concerns about the parking. wi th their growth over there they are currently running three services, their parking right now is just about to maximum. Their services overlap in that they have 15 minutes between their worship services so you have people coming in and people going out at the sarne time. They are also running Sunday school services at the Sarne time as their worship service and with the expansion I do not believe that the parking would meet code. So I really feel that this needs to be looked at again. 14. Judy Chavez, representing a neighboring property owner, testified at the City Council hearing as follows: I am here in support of Renee and Ford Grigg who will probably be most affected by this new structure. I am here with many others in support like I said of Ford and Renee. They weren' t able to make it tonight and they composed a letter that they asked that I read. And it goes, .. Dear Mayor , City Council members and representatives of the Cherry Lane Christian Church, Unfortunately my wife and I aren't able to attend the hearing tonight. We however had this notarized letter on record. We oppose the construction of the family life center. As residents of Meridian we are aware of the vast growth. We recognize the impact of the growth on the churches and the community. We are sensitive to the desire of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CHERRY LANE CHRISTIAN CHURCH Cherry Lane Christian Church to have a recreation center. But feel that the particular plan as proposed is unacceptable for an established neighborhood. We have worked hard to make our home and back yard a pleasant place for our family and guests. At present when we walk into our back yard we have a panoramic view of the mountains. This adds charm and desirability to our home.tf Renee put together some pictures of her house as it is without the structure. See, there is a little explanation here of what she did, let me just read that to you. "According to the architects of the proposed Cherry Lane Christian Church this structure, though not exact is very similar to the one to be built. The picture of our back yard was taken from our deck. I then placed the distance between the deck and the back corner of the proposed building. The picture of the gym was by pacing the same distances from the back corner of the Nazarene gym. I also use the same angle of my lens so that everything would be the same scale. Al though placement could potentially be off by a few feet one way or another this should be a fair of what we will be looking at if this building goes in. If you would like (inaudible) If a home were to go up on the proposed site we would be sad to lose our view but we would accept this. If this building is built our mountain view will be replaced not simply by another home but by a gymnasium with a large plain stucco wall and aluminum roofing. The architects have presented a very nicely drawn and color plan of the proposed front of this building. Unfortunately we live behind the proposed structure and the back side is a very large, unappealing warehouse type building. To make matters worse we are informed that there will be no landscaping between our property and the proposed structure to help camouflage the warehouse image of this building because of an existing easement which the church is building right up to. When we have tried to express our concern about this to the church we were informed that 'change is hard'. They are totally insensitive to the impact that they have on us. We feel that this building will interfere with our basic enjoyment of property, lessen our current property value and severely limit future opportunity to sell our property. Before the Planning and Zoning meeting we collected signatures representing 100 households in the affected subdivision. These people feel that the proposed structure is not appropriate as submitted for an already established neighborhood. We have made suggestions to the church about alternatives. One we have suggested that they remodel the original building and place the gymnasium where the foyer is currently located. This would place the structure more central to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CHERRY LANE CHRISTIAN CHURCH the lot, create more parking and insulate the neighborhood from noise and lighting. This idea has been rejected because according to the church it would be inconvenient. Two, we have suggested that they redesign the family life center to be more aesthetically pleasing, using the same brick as in the original structure and perhaps adding some windows in the rear to break up the monotony of the building. This has been rejected because they say the cost is too prohibitive. Three, we have suggested that they build it on a different location on the lot, they have rejected this stating that it would be inconvenient because of the drainage and the work that would have to be done to make it adhere to regulations. Four, we have suggested that they search for a new piece of land that would meet the needs of their expanding congregation and all of the foreseeable future needs wi thout disrupting an already existing neighborhood. This was out right dismissed even though the pastor admits that although the proposed changes will meet all of their needs now member growth is so large that beyond a few years they may have to go look for additional land anyway. We have been informed by the church that given the location of our lot in respect to the proposed building we "will not really be affected". If one were only to look at the plat that would be an easy assumption to make. A piece of paper cannot fully convey the reality of the impact this building will have on our home. Because of the angle of our property, positioning of our home, size of the building and lack of landscaping it will literally be like living behind a warehouse in a commercial area instead of the wonderful neighborhood atmosphere that we now enjoy. We are not opposed to progress and change, but owning and maintaining a home is the American dream and maintaining the standards to afford us to enjoy our home is one of the reasons there are zoning laws. We are asking the City Council to postpone this project until mediation can occur to lessen the impact on and devaluation of our homes involvedu. She has just a few more pictures that she would like to submit of the property directly behind her home, right behind the fences and of the church building presently. In response to a question from the Meridian City Attorney, which question was: You said that if they move the building and put it in a different location or angled it in a different fashion, that would be better for those people whose letter you read? And FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CHERRY LANE CHRISTIAN CHURCH if it is moved wouldn't it interfere with another property owners view? To which Mrs. Chavez responded as follows: Just the angle you are asking me? I am not sure that is exactly what they meant as far as angle. I know that Renee and Ford have expressed that they would, they don't see say the structure itself cannot be added to the existing structure al together. It is my understanding of how they want the structure. I assume that it would. 15. James McSpadden, a neighboring property owner, testified at the City Council hearing as follows: I live across the street and behind the current location of the church. I just wanted to voice my opinion, I agree with the Grigg's in the aspect that the construction materials that are being chosen here would not go along wi th the current buildings that are surrounding this facility and would not upgrade the existing communi ty , the homes that are in the existing community 0 I think the construction materials, if it is going to be built, should be built in accordance with the existing facility that is there. 16. James McSpadden, a neighboring property owner, testified at the City Council hearing as follows: I live across the street and behind the current location of the church. I just wanted to voice my opinion. I agree with the Grigg's in the aspect that the construction materials that are being chosen here would not go along with the current buildings that are surrounding this facility and would not upgrade the existing communi ty , the homes that are in the existing community. I think the construction materials should be in accordance with the existing facility that is there. 17. Todd Anderson, a neighboring property owner, testified at the City council hearing as follows: ~ give my support of that petition at this time for the following reasons. The structure is large and it does not blend or follow the current structures in the neighborhood. It would be an eyesore to the close residents whose property value would be decreased by thousands but the architectural design does not blend in with any of the current structures. The design as it is now is not acceptable for development in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CHERRY LANE CHRISTIAN CHURCH our communityo Grigg's have mentioned some other options one is to move the structure closer to the center of the lot. They say they might have problems, engineering wise, to do that but that would move it away from residential properties and make it more, they could use parking in the back lots then put in a structure so close to residential. Another opportunity was to make the gym fit in where the foyer area is which would blend in with the current design of the building. I think that both of these may be valid paths to choose but I think we need to get together and have some concessions done on both sides because I don't think that as a community it would be an opening for bringing bad architectural design to the community. I don't want a warehouse in every corner of every subdivision that I go around. I think that they should keep the design fairly close to the current design that is already there. 18. Seth Myer, a neighboring property owner, testified at the City Council hearing as follows: I just want to say that I agree with Todd and Jim McSpadden testimonies. 19. Seth Myer, a neighboring property owner, testified at the City Council hearing as follows: In regards to the landscaping going up on my property, in effect what we would have is them moving their property into my back yard with no compensation to me. They would then be past the easement as it stands. Also, one thing that I would really like the City Council to consider is that as this church grows which it is going to do and I am very happy that it is growing, I do support that. But in 3 to 5 years they are going to be maxed out they will leave and then they will leave that building behind. It is not going to go away so we really need to consider. Also, I asked Planning and Zoning a question I also asked all of the members of the congregation of Cherry Lane Christian Church the same question. Would they like this building in their back yard. Not once did I get a yes answer, not once did I get an answer that says I really wouldn't want it there but I wouldn't mind. So the very people that are building this particular building don't want it in their back yard either. So I ask that you consider that as well. 20. Thomas Jewell also testified as follows: ~n regards to the landscaping going up on my property, in effect what we would have is them moving their property into FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CHERRY LANE CHRISTIAN CHURCH my back yard with no compensation to me. They would then be past the easement as it stands. Also, one thing that I would really like the City Council to consider is that as this church grows which it is going to do and I am very happy that it is growing, I do support that. But in 3 to 5 years they are going to be maxed out they will leave and then they will leave that building behind. It is not going to go away so we really need to consider. Also, I asked Planning and Zoning a question I also asked all of the members of the congregation of Cherry Lane Christian Church the same question. Would they like this building in their back yard. Not once did I get a yes answer, not once did I get an answer that says I really wouldn't want it there but I wouldn't mind. So the very people that are building this particular building don't want it in their back yard either. So I ask that you consider that as well. 21. Richard Dees, a neighboring property owner testified as follows: It is called NIMBY you just heard it this evening, not in my back yard. Now all of these objections you have heard from our neighbors are typical NIMBYisms. They are wrought with emotion and sometimes there is little logic for what is right for the community. This one doesn't hold much water. I will call on Mr. and Mrs. Griggs because they are the ones who presented the list of 100 households and it was the other lady that did testify, but in their interest. We understand they presented a list of 100 households noting objections to our proposed facility. I call your attention to a couple of items about the list. First of all there are only 65 households in the impact area according to Ada County. We sent notices to all of those 65 people. Secondly, when we talked with the neighbors as has been pointed out the ones most affected abutting our property the ones that responded to us and were home were all supportive except for one and that was Mr. and Mrs. Jewell. We took it a step further we had an open house to discuss the items with each of the 100 households, only three families showed up. One were supporters, and the other two were the Griggs and the Jewells. View, the Griggs and everyone has talked about a large structure blocking their view of the mountains, and about the outside treatments that don't match. Griggs own a two story, it is as tall if not taller than the proposed facility. They are blocking our view of the Owyhee Mountains. They are in our back yard. At the P & A hearing the issue of protecting the view was not a staff consideration, nor part of the legal findings of fact passed by P & A, and therefore should not be a consideration as a conditional use permit. The campus will be tastefully integrated with color matching exterior finishes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CHERRY LANE CHRISTIAN CHURCH architectural relief and consistency of design philosophy. The use of modern building materials which are not only more efficient that those is 1983 but are more attractive. It will match. Griggs have a white picket fence, and the only one in the area, all other properties have hodge podge fence types but fit the area, in fact, Griggs fence sticks out like a sore thumb. 22. Todd Anderson testified as follows: I don't like the categorization of me or anybody else as NIMBY, someone who is emotionally distraught. In Haven Cove, the structure affects more than just 65 people, it affects everybody who drives along Cherry Lane. They see a warehouse in the back of the church. Need time to review and have some reconsideration on their plans. 23. Suzanne Johnson testified as follows: What kind of ordinances or zoning prevent the building and structure to be used as anything different than a church after it has been abandoned by the current owners? Could there be a warehouse move behind us? To Which Councilman Walt Morrow responded, it is operating under a conditional use permit. In a conditional use permit if there is a change in ownership or usage the cup ceases to exist. Any new use or proposed user has to come before the CC and P & Z through the conditional use process. 24. Faye Jewel, also a neighboring property owner testified as follows: Jewell - Responding to Mr. Dees comment about the P & z Committee. We they purchased their house they were given a flyer that stated that, they have an unobstructed view of the mountains, and submitted it to Council. 24. Seth Myer testified again as follows: The church needs to sit down with those people who oppose it and try and come up with some resolutions. It sounds like there are two differences of opinion. Maybe if they can just talk it over together they can come up with a solution that is workable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CHERRY LANE CHRISTIAN CHURCH 256 Mr. Woodward of the Church testified again as follows: About us leaving the property when we max out 6 We would take part of our congregation and start a second congregation and there would always be a congregation here. 26. Before the Planning and Zoning Commission, Richard Bugatsch testified that Mr. Jewell made the assertion that we move. We were wisely informed by CC to build our church on Cherry Lane in 19836 We did and survived and as CC pointed out it was the right thing to do. We are being consistent with what we started in 1983. We did not concede to suggestions that would have been inappropriate because of life safety issues, code issues, issues that would have significantly decreased our utility of our facility or those that would not meet your standards 6 We are open to making changes from an aesthetic point of view and engineering standpoint and did so for another neighbor through reasonable exchange of ideas. We have offered to install landscaping on the other people's property abutting us to help mask the building. We are building a facility for the entire communitY6 Right now used for community activities, such as park and ride, voting and drug and alcohol programs. with the expansion we can offer a lot more 6 This is an example of private money being expended for the public good. We are sensitive to our neighbors, and we have been a part of this community for a long time 6 We are operating within the rules established in the public forum6 27. The following testimony was given before the Planning and Zoning Commission and the following evidence was also given to the Commission: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CHERRY LANE CHRISTIAN CHURCH Angela Renee Grigg testified substantially as follows. She is in opposition to the application. She has observed the growth in the communi ty and the impact such growth has on churches in the area. She is not insensitive to the desires of the Applicant and its application. She can see the benefit of the proposed structure, but the proposed structure is not acceptable for her neighborhood. She has viewed the comparable building in Nampa, Idaho. On paper, the proposed project appears reasonable; however, the proposed building is very large and obtrusive. Her view of the building will be from the rear, which presents a plain, large and high wall. The building will be 30 feet tall and approximately 20 feet from the fence line of her residence. The color of the existing structure is an off white yellowish brick. Last year or the year before, the Applicant built an addition, the color of which does not match the color of the original structure. The appearance from her view is unappealing. In addition to the unappealing appearance, she has a concern of noise from the air conditioning unit. Based upon the discussion with people who live behind the new library in Meridian, the noise from the air conditioning units is loud and disturbing. She is also concerned about lighting of the premises. There presently exists between the Applicant and the neighboring residence concerning the existing lighting. She is concerned the building will be used for more activities than activities on Sunday. As proposed the structure would overshadow the homes in the immediate eastern vicinity. The homes will not receive full daylight sun until noon, because the building will block the sunlight. Presently, from her backyard, she has a panoramic view of the mountains. The construction of the proposed structure will eliminate this view. Although she would lose her view if houses were built, the construction of a warehouse type of structure is completely different than the construction of houses. The construction of the proposed structure interferes with the enjoyment of her home. It will lessen the current property value and severely limit the future opportuni ty to sell the home. She has collected signatures of people in her subdivision who support her position and testimony. The signatures represent 100 households that do not believe the proposed structure is appropriate for the neighborhood. Approximately nine people with whom she spoke declined to sign the document in support of her position and testimony. One of the primary concerns that she and her husband have are landscaping and lot maintenance. The Applicant does not control the weeds behind their property, and material is piled at the rear of the property. The Applicant has been asked over a period of several years to remove the material piled at the rear of the property, but they have not done so. She is concerned that an expensive structure will expend the Applicant's money, and it will not be able to afford to maintain the property. She FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CHERRY LANE CHRISTIAN CHURCH would prefer that the Applicant remodel the existing structure, rather than building as proposed. A remodel of the existing structure would accommodate the Applicant's needs and not impact the surrounding neighborhood as severely. Based upon the fact that kids presently gather at the rear of the property, the construction of the building will create security problems unless flood lights are located at the rear of the property. Consideration must be made for the impact upon the surrounding neighborhood and its protection. She presented a document signed by numerous individuals whom, according to Ms. Grigg, reside in the adjacent residential area and object to the application. This document is hereby incorporated herein as if set forth in full and provides as follows: We ask that you do not allow the construction proposed by the Cherry Lane Christian Church. We are opposed to building a structure rising 30 ft so close to homes in our neighborhood. Such a structure should be constructed on land where it would not interfere with already developed neighborhoods. A project such as this is designed for activities attracting large groups of people. This facility will disrupt the quiet neighborhood atmosphere that we now enjoy. Back yard noise from air conditioning is a concern as is additional lighting at night. Currently there is an ongoing issue with existing lighting and homes. As proposed, the structure would totally cut off the mountain view to some home owners, morning shading of the sun is a major issue of concern, some homes will be totally overshadowed by this structure thus interfering with basic enjoyment of property. We also feel that this structure would lessen the current property value and would severely limit opportunities to sell the homes directly involved. Below are signatures of concerned neighbors who ask that you not allow this structure to be constructed in our neighborhood. Thomas F. Juul testified substantially as follows. He purchased his house approximately three and a half years ago. Based upon his prior experiences, his concerns include not having an unobstructed view of the mountains, light shining directly into his bedroom window and other parts of his house, the Applicant's insensitivity to the neighbors and the impact it has upon the neighborhood, and the noise created from the air conditioners. Mr. Juul presented a flier prepared for the marketing and amenities of the residence he purchased, which includes the phrase "unobstructed view of mountains." This flier is hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. CHERRY LANE CHRISTIAN CHURCH Linda Rupe testified substantially as follows. Her property borders approximately 200 feet of the Applicant's property. Based upon the gathering of kids at the rear of the property, she has a concern that the proposed building will create a more secluded area for the kids to gather. The lights which the Applicant presently have shine into the neighboring houses, including the bedroom of her house. She has asked the Applicant to remove debris from the rear of the building, but the Applicant has failed to remove the debris. Based upon the type of neighbor the Applicant has been in the past, she is concerned about its future response and actions with regard to the impact upon her and the surrounding neighbors. 28. The Applicant's representative at the Planning and Zoning Commission, Richard Bugatsch, further testified substantially as follows. The family life center is best defined as a multi-use building. It will be used for all aspects of church activity including social, recreational, services, and educational classes. He also testified that from the southeast corner of the property, there is approximately 30 feet to the proposed building. The length of the parking lot is approximately 20 feet. The side of the building facing the neighbors will be synthetic stucco. The eve height will be 21 feet high, as compared to the building in Nampa, Idaho which is either 27 feet or 29 feet tall. It is similar in height to a two story residence. Plans have not been developed to designate the location of the air conditioning units. There may be an air conditioning unit by the mechanical room on the west side of the proposed building. The Applicant does not intend to cool for occupants in the entire build~ng, only in the perimeter portions of building in which the classroom and fellowship hall are located. Preferably, the air conditioning units will mount on the side walls of the structure itself. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. CHERRY LANE CHRISTIAN CHURCH 28. Also at the P&Z hearing, in response to questions of Commissioner Borup, Mr. Richard Bugatsch, testified substantially as follows. The easement for the Rutledge Lateral is 10 feet from the centerline toward the existing fence line and 25 feet from centerline to the existing edge of the easement on the west side. Nampa & Meridian Irrigation District will permit the Applicant to come within 10 feet of the centerline of the pipe if it needs to. The plan presented shows the encroachment on the easement, and the Applicant does not intend to encroach any further than depicted on the plan. with regard to fire access, he believes 26 feet of clear space from the edge of the building or any impediment to vehicular traffic is required. 29. And in response to a question from Commissioner Smith, the Applicant's representative, Richard Bugatsch, testified that a four foot landscaping strip is planned around the entire periphery of the property, which will shift the aisles and parking stalls by four feet. He further testified that incorporating the proposed building in the central area of the existing building cannot be done for life safety reasons, and remodeling the entire building becomes economically infeasible. 30. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. The project site is located in an L-Q (sic) zone, which currently does not allow churches as a permitted use. Expansion of this non-conforming use, plus the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. CBERRY LANE CBRISTIAN CHURCH addition of a building on the site, is only allowed under the conditional use process; b. As Cherry Lane has been recently reconstructed and no change in access is proposed, it is not anticipated the Ada County Highway District will have any requirements of the project, with the exception of payment of impact fees; c. Residential properties surround this project site. City Ordinance Section 11-2-414 D 2. c. states that whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential uses by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. Due to noise and other potential negative impacts of the project, additional landscape setbacks may need to be imposed. Sui table landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strips; d. The site presently contains a vast island of pavement that has never been adequately landscaped. Although the proposed plan is an improvement, if falls far short of the minimum of one ( 1) three-inch ( 3 It ) caliper tree per 1,500 square feet of asphalt as required per City Ordinance Section 11-2-414 D. The Applicant is to provide calculations of asphalt areas and locate appropriate trees on a revised site plan; e. The site is adjacent to Nine Mile Creek, which is identified in the Meridian Comprehensive Plan for enhancement. Additional trees and landscaping should be provided adjacent to the easement of the creek, as well as adjacent to all residential areas. Detailed landscaped plans are needed; f. The Applicant is to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. The site plan erroneously shows a Fire Department access at the southwest corner of the site. This access lines up with an existing City sewer easement and easement for the Rutledge Lateral. These easements were not ever intended to be used as Fire Department access to the church site; g. If the existing trash area is not currently screened, or additional trash area is anticipated, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. CHERRY LANE CHRISTIAN CHURCH Applicant is to provide enclosures per City Ordinance section 11-2-414 A 3~ The Applicant is to provide details and location on a revised site plan. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access; h. As Cherry Lane is identified as an entrance corridor in the Meridian Comprehensive Plan, a thirty five feet (35') landscape setback beyond the required right-of-way is encouraged. The fact that the area directly in front of the building is landscaped 60 feet back of the existing sidewalk should allow for the additional planting areas as shown. Parking may not be closer than four feet ( 4 ' ) to an existing right-of-way ~ The Applicant is to provide detailed landscape plan, including berming details, for approval prior to obtaining building permits; i. The Applicant is to provide curbing and underground sprinkler system for all landscaped areas; j~ The Applicant is to provide temporary fencing to contain debris during construction, particularly to protect Nine Mile Creek; k. All driveway parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. paving, striping and signage of the parking lot is to be in accordance with Meridian City ordinance and the Americans with Disabilities Act. Driveway widths and parking stall lengths shall meet the requirements of City Ordinance Section 11-2-414, i.e. 25 feet wide driveway aisles with 9' x 19' stalls (or as otherwise dimensioned for angled parking). Graveled driveways, parking, and access are not permitted. A drainage plan designed by a state of Idaho licensed arc hi teet or engineer is required and shall be submitted to the City Engineer with calculations for all off street parking areas. All site drainage shall be contained and disposed of on-site; 1. The Applicant is to obtain a Certificate of Occupancy prior to occupying the building; m. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. CHERRY LANE CHRISTIAN CHURCH upon three days notice to the Applicant. Sign permits are needed for all signage; n. All building construction shall be in compliance with all required Uniform Codes; o. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. Assessment fees will be determined during the plan review process. A re- assessment agreement will be entered into with the Applicant prior to issuance of a Certificate of Occupancy; p. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; q. Sewer service to the project is proposed to a new service line to be installed south of the new building. Service lines to the project will be reviewed during the plan review process. The treatment capaci ty of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City'S ability to accept the additional sanitary sewage generated by this project; r. Water service to the project will be via an extension of the existing service lines to the church. Service lines to the site shall be reviewed during the plan review process. Water service to this project is contingent upon positive results from a hydraulic analysis by the City'S computer model; s. The existing irrigation ditch has been tiled on the westerly boundary of the property. Nine Mile Creek is designated as a natural drain and may not be tiled. Any other irrigation/drainage ditches that may cross or lie adjacent to the property shall be tiled per City Ordinance 11-9-605 M. plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of the said approval submitted to the Public Works Department; t. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. CHERRY LANE CHRISTIAN CHURCH Wells may be used for non-domestic purposes such as landscape irrigation; u. The Applicant is to provide a revised site plan meeting all staff and agency requirements prior to action by the Planning and Zoning Commission, or, at a minimum, prior to being scheduled for a public hearing at City Council level, as determined by the Planning and Zoning Commission; v. All uses/buildings shall be reviewed under the conditional use permit process. No details have been submitted; and w. The conditional use, if approved, shall be subject to review upon notice to the Applicant. 31. The Meridian Police Department submitted conunents, which comments are hereby incorporated herein as if set forth in full. 32. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met; that it does not know the identity of the owner of the property designated for fire access (it has flowers and trees growing on it); and that a fire hydrant might need to be added. 33. The Meridian Sewer Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full; that the kitchen will require a 1,000 gallon grease interceptor as a minimum external to the building. 34. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. CHERRY LANE CHRISTIAN CHURCH runoff is not to create a mosquito breeding problem; that stormwater runoff should flow into a grassy swale before discharging to seepage beds. 35. The Nampa & Meridian Irrigation District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The District's Rutledge Lateral courses along the west boundary of the project. The right-of-way of the Rutledge Lateral is 40 feet; 25 feet to the right and 15 feet to the left facing downstream; b. The Nine Mile Drain is a contract drain and also courses through this project. The District's right-of- way of the Nine Mile Drain is 100 feet; 50 feet from the center each way; c. The Applicant must contact the District for approval before any encroachment or change of right-of-way occurs; d. The District requires a Land Use Change/Site Development application be filed for review prior to final platting; e. All laterals and waste ways must be protected; f. All municipal surface drainage must be retained on site; g. If any surface drainage leaves the site, the District must review drainage plans; h. The Applicant must comply with Idaho Code Section 31-3805; and i. It is recommended that irrigation water be made available to all developments with the District. 36. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. CHERRY LANE CHRISTIAN CHURCH 37. In the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, Churches are not listed as a conditional use in the R-4 District. 38. The R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4 ) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 39. section 11-2-406 A of the City of Meridian Zoning and Development Ordinance provides: It is the intent of this Ordinance to permit conforming uses. All applications for the enlargement, expansion, extension of non-conforming uses or all applications for the addition of other structures or uses prohibited elsewhere in the same district shall be subject to the Conditional Use procedures of section 2-418 of this Ordinance. 40. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 41 . A conditional use permit would be and is required for the construction of a family life center building on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. CHERRY LANE CHRISTIAN CHURCH 42. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1.. All the procedural requirements of the Local Planning Act and of the Ordinances of the Ci ty of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the city to prescribe a set time period for which a conditional use may be in existence.. 5. Section 11-2-418 D. states as follows: In approving any Condi tional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance.. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. CHERRY LANE CHRISTIAN CHURCH shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existenceo 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permitso Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning commission concludes as follows: ao The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; bo The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use, if designed and constructed properly, would be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. CHERRY LANE CHRISTIAN CHURCH conditions are met; however, traffic may increase, but the development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant should be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive addi tional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Because conditions may be placed upon the grant of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, or more often if conditions warrant, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. CHERRY LANE CHRISTIAN CHURCH Planning and Zoning Administrator, which include, but are not limited to the following: ( 1) As residential properties surround this project site and the commercial off-street parking area is located in or adjacent to the residential district, the parking area shall be effectively screened on all sides which adjoin or face any property used for residential uses by a wall, fence, or planting screen which is not less than four feet ( 4' ) in height plus a planting strip of not less than four feet (4') in width. Appropriate landscaping and ground cover, as determined by the City, shall be provided and maintained on a continuous basis within the planting strips; (2) The Applicant shall provide calculations of asphalt areas and shall locate the appropriate number and size trees in accordance with City Ordinance Section 11-2-414 D. The Applicant shall provide to the City a detailed landscape plan of the property, including berming details, for approval prior to obtaining building permits; (3) As the site is adjacent to Nine Mile Creek, which is identified in the Meridian Comprehensive Plan for enhancement, the Applicant shall provide additional trees and landscaping adjacent to the easement of the Nine Mile Creek, as well as adjacent to all residential areas; (4) The Applicant shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies; (5) The Applicant shall provide screening for existing trash area (s) and any additional trash area (s) . The Applicant shall coordinate dumpster site locations with the City'S solid waste contractor, and locate dumpsters so as not to impede fire access. The Applicant shall provide details and the location(s) of the screened trash area(s) on a revised site plan; (6) As Cherry Lane is identified as an entrance corridor in the Meridian Comprehensive Plan, the Applicant shall provide a thirty five feet (35') landscape setback beyond the required right-of-way; (7) Parking shall not be closer than four feet (4') to any existing right-of-way; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. CHERRY LANE CHRISTIAN CHURCH (8) The Applicant shall provide curbing and underground sprinkler system for all landscaped areas; ( 9 ) The Applicant shall provide temporary fencing to contain debris during construction; (10) All driveway parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; ( 11) Paving, striping and signage of the parking lot shall be ~n accordance wi th Meridian Ci ty ordinances and the Americans with Disabilities Act; ( 12) Driveway widths and parking stall lengths shall meet the requirements of City Ordinance Section 11- 2-414; (13) Graveled driveways, parking, and access shall not be permitted; (14) The Applicant shall cause to be prepared a drainage plan designed by a state of Idaho licensed architect or engineer, and shall submit such plan to the City Engineer with calculations for all off street parking areas. All site drainage shall be contained and disposed of on-site; (15) The Applicant shall obtain a Certificate of Occupancy prior to occupying the building; All signage shall be in accordance with the standards set forth in section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A- frame and other temporary signs shall not be permitted and will be removed upon three (3) days notice to the Applicant. Sign permits shall be required for all signage; ( 17) All building construction shall be in compliance with all required Uniform Codes and the Americans with Disabilities Act; (16) (18) The Applicant shall provide the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. Assessment fees will be determined during the plan review process. The Applicant shall enter into are-assessment FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. CHERRY LANE CHRISTIAN CHURCH agreement prior to issuance of a certificate of Occupancy; ( 19) The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. All lighting and illumination of the site shall be designed and operated so as not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; (20) The location of sewer service lines to the project shall be reviewed during the plan review process; ( 21) As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, the grant of the Conditional Use Permit pursuant to this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; (22) The location of water service lines to the project shall be reviewed during the plan review process. Water service to this project shall be contingent upon positive results from a hydraulic analysis by the City'S computer model; ( 23) As Nine Mile Creek is designated as a natural drain, it may not be tiled. Any other irrigation/ drainage ditches which cross or lie adjacent to the property shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of the said approval submitted to the Public Works Department; (24) Any existing domestic wells and/or septic systems within this project shall be removed from domestic service. Wells may be used for non-domestic purposes such as landscape irrigation; and (25) The Applicant shall provide a revised site plan meeting all staff and agency requirements prior to the application being scheduled for a public hearing be~ore the City Council. d. The Applicant shall meet and comply with the comments, recommendations and requirements of tbe Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, the Ada County Highway District, the Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. CHERRY LANE CHRISTIAN CHURCH Irrigation District, and all other governmental agencies submitting or hereafter submitting comments. e. Proper and adequate access to the property is available and shall be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane and surrounding residential areas; and f. All ordinances of the City of Meridian shall be met, including but not limited to, the uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. CHERRY LANE CHRISTIAN CHURCH The City council of the City of Meridian hereby decides that the Conditional Use Permit requested by the Applicant for the property described in the Application is approved with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review annually, or more often if conditions warrant, upon notice to the Applicant by the City. M~ZON: ~ APPROVE~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33. CHERRY LANE CHRISTIAN CHURCH ITEM NUMBER: 21 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS e I c l}/l/~ '.~~hiEI(]/ SEP 1 6 i t iii I MEMORANDUM Jf/;5ti--if- to: Gary Smith, Pe CC: File from: BradWatson,E,I.TM re: Pertinent "Stuff" % fly date: September 16, 1997 Tully Park: L I received one return call from the references provided by Newby-Wiggins. I have attached a copy of that list. Jim Carberry of Meridian School District said 1) they ran a very clean project, 2) were very cooperative, 3) the Seven Oaks Elementary School would likely have the lowest change order total of the four built this past year, and 4) would highly recommend them. 2. I spoke with Karen Gallagher and Steve Snead of ACHD today. Steve stated they will request a deposit of$74,250 (half the cost ofa bridge extending 11th Street on the east end of Tully Park) into the Road Trust Fund. 3. Steve Snead told me late last week they would require the City to have the four power poles along Linder Road moved inward. 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Seven Oaks Way Contract Amount $ 3.637,770.00 Eagle,IO 83616 Description of Work.: Building & Site Owner: Development Joint Schoof District No.2 Contact Person: Jim CarbGrry Address: 911 Meridian St. Meridian, ID 83842 Phone No: (208)888-6701 Project TftIe: lnn~ Year Completed: 1996 Location: 720 21 st st. contract Amount: &; 1,273.703.00 Lewiston,IO 83501 Description of Work: Building & Site Development OWner: Contact Pet'son: Address: Phone No: Inns LLC AndreYJ SImonds 2700 Airport Way Boise, ID 83715 ~345-7030 ext. 217 Project title: location: Project: No.: OWner: COntact Person: AddrGS$: Phone No: Boise Ave. student Apartments 2530 Boise Ave. Boise, 10 DPW92-207 state of k1aho through the Dept of Public Works Dave Shifflett 502 N. 4th street Boise, ID 83702 (208)334-3453 Year Completed: Contract Amount Description 0( Work.: 1995 $ 3,730,071.00 Building & Site Development Project Title: location: F'Njed: No.: Owner: COntact Person: Addrus: PhOne No: Headquarters Bldg, Parks & Rec:. Year Completed: 6657 Warm Springs Ave. Contract Amount Soitie, ID 83702 Description of Wonc DPW92-643 State of Idaho through the Dept of Public Works John CrowIState Parks & Recreation 56S7 Warm Springs Ave. Boise, 10 83720 (208}334-4100 1994 $ 2,555,187.00 Demo of Existing, Development of Building & Site Project Titis: L.ccatJOn: OWner: Cc:In1:act Person: Address: Phone No: Meridian Mahtlenanoe Building & Reloeation of Academy 2301 E. Lanark Meridian, Id 83642. Year COmp4eted: Contract Amount Description of Work: Joint School District No. 2 Dick Payne 2301 E Lanark Meridlan,lD 83642 (208)888.8770 Pace 1 1003 $ 704,849.00 Building & Site Development TOTAL P.02 r i i I i i 1::;1 ~! i I i I i I ! BATH 63sq II iRNrr. , 'lZlTCHEN -42):I~O DINING ROOM s:w:. MSTR BEDRM REFER 1"~ ,..-----.... j CLOSET 50sq It i 1:)";) l ~~~~!~ I BEDRM/DEN ,,1 ::! cc.~~"" I I LAUNDRY 43,sq ft I) CLST CLGSET "'I ~.,'1 GARAGE -BATH 54 sq II W' I I I I i i ~I LIVING ROOM I I I I I ErRY~ ,- _--'~F=. = ..~ 4'3. I ! LIVING AREA t22'/ r--- -------.- -- - --1 ! I I I ! ------ -~ ~--.-.... --~~-- ~--~~~-- . I 1---- 2<r ,~ i -----" i , I ! i fJ ~ i I i , I -......l. i i i I I I I I I I I i i ~.~- t~._- I I I -3(( l~.- ~ :.?=';:;~:::::==~ -~-=---~~t;.:::;=~;:'::.'7;r i MSTR BEORM LIVING RM '----lS4 I i r i 1 I I i I I I I i i i I i i i I (g I I I I I I I I I I I i I i I I r ! I ! '0 N CLOSET 43sq It II~ "'I'''' - '1;1) ill II,~ I .L ~\J DINING ROOM ClOSET/Ln~G::'~ ".-10 ~qn i I ENTRY i l1' I RM:m~ ~ i I KITCHEN I 1'\ i I 1.1 It I 14'6 - BATH 2".TH sq fl BATH \ 8;:TJn~ ft BEORM/BEN 11'1 "~-=:::::::'::'- i I ! i I I ~ '" GARAGE 413 sq f1 I I I I I i ! . ~_~_~_______ _:-...............3 W6 ! L LIVING AREA 1231 sq U --- 3G' I I I !- I ~ ;:! I ... ~ i I --~~""""~~~-~-..nj , I I I I _..L ..-~~~ , [g I I i I j -~...... ~~ __.::':~_"~O".-c""::;; ,"",,",,_., :.;,';:;~~~~::.::i LIVING AREA 16' X 19' r(( II:.' r '1.1 *1.i...I.1 iD ili I [ I:: ll~. DINING AREA 9' X 16 KITCHEN 11'6X12'O NOOK .~ 1 II LAUNDRY 11."..,...14"111........, OESK -~-------- --,-~--.':O~~7;~-.-1 MSTR BEDRM 13' X 14' ,,---.J ~ \, WALK IN HALL .^"..--..... PORCH i I I l3ARAGE I 396sqft I I I - - - ,,~ ~"I- --- - - - - - - i I ' I I I I I I - - - - -l:::;:::., - -- ~ - - - ~ i l 1!111 l I i I ! ------'1 31'~..~~-- BATH 43 sq It ...,...-...,~ BEDRM/DEN 10'6X 11' . ,i' . ': 1 ... ~_,\, ..~<< J .~.",==-",.~., i ---.------- I I I I I I COURT YARD ! ! i i - "' "' LIVING AREA 1253 sq It ~FP 1 ~ ""'..1:"""", ~ \, '. " ".:;;L-:::-.->i""~-,, '-.t.;'. _"'~?.;"""'. i I I ~----14'S--~ I 1 ~ MSTR BDRM -1 ; II t BATH 8'10 x 10'7 \VALK 1~~ I i I "' '" KITCHEN i1 .,. BATH 13'xS'l LAUNDRY' 6' x 5'1 I ~-1 I I I GARAGE 19'4 x 19'7 I 1__- r-------------'1 i I I I i I. 20' 3(( rl,-/ II ; "j . m ~ .30' -----r ,/ I I I I I 1 LIVING ROOM 15'7 1 ,I I' LIVING AREA 1305 sq It I ) I 1 i I I I i I i I \\ (' CLOSET _';:;.1);:'--., i ! ,. ~ 10'4~- L-_~ ,,~,~~=~~,~,--- ! ! ! i i I I I I I I : I N 1';: r I i I I I piNING AREA i I I I , j I BEDRlvl/DEN ij'] , !1 ".,.u:,=,..".,.....~ I i ! ,---J -----r i I I , F I I I t I I !I i I 1. '" '" i i I I I ! i .J. I W6S13 --1 l~r- I _ t ~1') 1 -{;--- ! I ",~-==,:",-"-c,-,,.:",~ MSTR BEORM U>G : I E 15'9518 LIVING ROOM i , i i i '" ., I ~ '" I i i , I I I -neil I I I I I ill ! I i I'j i <0 II'" , I I iill I I I I I !~ I I .'J I I I l,1" I I \ ~- I 1 ! ,., In I <0 ;?; ~, ... I I +.--. ! I '" 1;; I I I J i I 1 I I I g t.tRROR CRS. CLOSET 59 sq It BATH 72 sq It SPA DINING ROOM BATH 80s fl ClOSET m~'1l'.: ,., In '" ! I --~13'1J_ I i I '" t:! I B~DRMIOEN I ':~1J:f[C---:--~ Sl< RG f<ITCHEN R: ENTRY 4 w LA.UNDRY D 37 sq It I !72 1/2 ----------- 2Ct S!O - I R GARAGE 414sq fl LIVING AREA 1361 sq ft i I ! i I j~1-_ \ ' l~-~-~N5Ja~~_--_--_J ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Ci ty Council and the Mayor of the Ci ty of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-8 Medium Density Residential to C-G General Retail and Service Commercial, for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 10 That the aforementioned real property which is described as follows: A portion of the NE ~ NW ~, Section 7, To 3No, Ro lEo, BoM., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW ~, Section 7, To 3No, R. IEo,B.Mo, and running So 88035'49" W. 390000 feet along the Northerly boundary of the said NW ~, Section 7 to a point; thence So 00036'03;1 Wo 45096 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing So 00036' 03" W 0 4. 00 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing So 00036 '03" Wo 250008 feet to a point; thence N. 89011'24" Eo 239086 feet along a line parallel with and 304000 feet Southerly from the center line of said Fairview Avenue to a point; thence No 00035' 12" E. 250007 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 1 thence continuing N. 00035'1211 E. 4.00 feet to a point on the Southerly right-of-way line of Fairview Avenue; thence N. 89011'24" E. 239.92 feet along a line parallel with and 50.00 feet Southerly from the said center line of Fairview Avenue to the Point of Beginning. Containing 1.40 acres, more or less. be, and the same is hereby rezoned from R-8 Medium Density Residential to C-G General Retail and Service Commercial and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply wi th all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 8. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the '~fll City of Meridian, Ada County, Idaho, this !t7'--day of September, 1997. REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 2 . . ss. STATE OF IDAHO,) County of Ada, ) I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 7 7 3 , by,: the City Council and Mayor of the City of Meridian, on the (J;~ day of September, 1997, as the same appears in my office. DATED this I~~day of September, 1997. STATE OF IDAHO,) . . SSe County of Ada, ) On this ~ day of September, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 3 name is subscribed to the wi thin and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I h~ve hereunto set my hand and affixed my official his certific e first above written. SEAL REZONE ANNEXATION ORDINANCE - ROGER MICHENER - tf ~ 21 - 2600 q '7 0 'I) 0" lrJ '--' ~ ~ I j II ..- {) ~-~~ [: ,~ n -.. \' t \ i ~, ,G ~' ,'pr7 "e,- :,~~&ft- ~~ uti) L.\1 Pj~;1 2. Lr?, , -~ ~~/~,_~, ,:," '---- J. '. ~ ' . _ ~ :.:; f [,- PAGE 4 ORDINANCE NOQ 774 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Office (L-O), for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1.. That the aforementioned real property which is described as follows: A parcel of land lying in a portion of the SW ~ of the SE ~ of Section 2, T. 3N., R. lW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said section 2, also said point being the Southeast corner of Sunnybrook Farms No. 1, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 44 of Plats at pages 3609 and 3610; thence South 89033'461t East (formerly described as South 89033'481t East) 663.87 feet along the Southerly boundary of the said SE J..1 of Section 2, which is also the centerline of Cherry Lane, to a point; thence North 0033'50fT :$ast (formerly described as North 0033'48" East) 25.00 feet to a point on the Northerly right-of-way line of the said Cherry Lane, also said point being the REAL POINT OF BEGINNING; thence continuing North 0033' 50 II East (formerly described as North 0033'4SIt East) 324.00 feet to a point; thence South 89033 '46" East (formerly described as South REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - PAGE 1 89033'48" East) 231.42 feet to a point; thence South 0015'48" West 124.31 feet to a point; thence North 89033' 46" West 138.26 feet along a line Northerly of and parallel with the said Southerly boundary of the SE ~ of Section 2 to a point; thence South 0015' 38" West 199.69 feet along a line Easterly of and parallel with the Easterly boundary of the said Sunnybrook Farms No. 1 to a point on the said Northerly right-of-way line of Cherry Lane; thence North 89033'46" West (formerly described as North 89033'48" West) 94.87 feet along the said Northerly right-of-way line of Cherry Lane to the point of beginning, comprising 1.09 acres (47,647.05 square feet) , more or less. be, and the same is hereby rezoned from R-4 Residential to Limited Office (L-O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - PAGE 2 be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the . . j/' flL- C~ty of Meridian, Ada County, Idaho, th~s (t? -day of September, 1997. C STATE OF IDAHO,) : SS., County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. "774- , l;>y the City Council and Mayor of the City of Meridian, on the ll3nv day of September, 1997, as the same appears in my office. . DATED this {.~~~day of September, 1997. \\\\\ It"", ",\\\ cJf ~'I', L ~' ~'" ..~ g~(f~~ ~\. ~ i ~ SEAL ~ l ~~ ~ i -:. ~ 'D ~ ~ "'0 .,. 19"( . $' ~ "po: ~ .nl- ~ ~.. .---, ('\...... ~_ _ W"',~ "'/ ,-VUNT'l. \" ''io'I "" fIIIHlIlltll\" IfA 2t~ c~ty Clerk, City of Ada County, Idaho REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - PAGE 3 STATE OF IDAHO,) : sSG County of Ada, ) On this ICo 1:: day of September, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the wi thin and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WffEREOF, I have hereu official se~~~'t\1!fE~a~ and year i th' written. ....,...\,'" o~occceoo /r/;~".> ~ ",'-> e.oo 000 <,:~.(I,9 :: I"o.~ rt) "i" A" ~'o -:. :: -...: '" "~O I ""JlfJ '" .-:7" : c.o it ,~ ~ ~ ~: - Q f) a :,4".g;:) ~:: SEAL f'l \ U f) L \ C "l '* i . -:. ~ <:t\c\;, -pO ^- ~ d~ng at M -:''';~''' Ol!lOC$G00 if:.'O,J}...... Commission ;;;,!,t OF \\)~..", CITY\REZONE\city~P~;one\baptist.L-O and affixed my first above 97078097 /. ri j >'-. ....~. LJ " " ~;:;o;s;:: ;';1' ...:;C ..... ;trJ (( IP~ ;197 SFD '_'j' an.. ~ ~ , ~ I ( 1 P f'/ ? If I /.'t~c/c?~() ',,> iff/ " f(;~~~ REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - PAGE 4 RESOLUTION NO, /66 FOR THE PURPOSE OF MODIFYING THE ADA PLANNING ASSOCIATION ARTICLES OF AGREEMENT WHEREAS, the Ada Planning Association was established in 1977 as a countywide planning and cooperative organization providing a forum for discussion and study of area problems and facilitating the development of policy, action and recommendation for solution of such problems; and WHEREAS, SS 67-2326 - 67-2333 of the Idaho Code specifically authorize cities, counties and other political subdivisions of the State of Idaho to perform their respective functions, powers or duties on a joint basis between or among themselves, and WHEREAS, the City of Meridian possess in common with local governments the responsibility for the general welfare of the public to study, discuss and recommend policies for the solution of area problems; and has the right to join in mutual association and expand public funds for these pursuant to SS 67-2326 - 67-2333 of the Idaho Code; and WHEREAS, the Ada Planning Association was created under authority of SS 67- 2326 - 67-2333 of the Idaho Code and the City of Meridian was one of the signatories thereto; and WHEREAS, the City of Meridian now desires to modify the Ada Planning Association Articles of Agreement to provide for dissolution of assets of Ada Planning Association in the case of dissolution of Ada Planning Association. NOW, THEREFORE, BE IT RESOLVED, the City of Meridian does hereby approve the attached modifications to the Ada Planning Association Articles of Agreement and authorizes Mayor Robert D. Corrie to sign the amended Articles of Agreement on behalf of the City of Meridian. DATED this 16th day of September, 1997. ATTEST: .J A /- II JJ~ . bJe~fhY" LLlAM G. BERG, JR., cct'Y ~ERK RESOLUTION NO. FOR THE PURPOSE OF MODIFYING THE ADA PLANNING ASSOCIATION ARTICLES OF AGREEMENT WHEREAS, the Ada Planning Association was established in 1977 as a countywide planning and cooperative organization providing a forum for discussion and study of area problems and facilitating the development of policy, action and recommendations for solution of such problems; and WHEREAS, SS 67~2326 -- 67~2333 of the Idaho Code specifically authorize cities, counties and other political subdivisions of the State of Idaho to perform their respective functions, powers or duties on a joint basis between or among themselves; and WHEREAS, (Name of Agency) possesses in common with local governments the responsibility for the general welfare of the public to study, discuss and recommend policies for the solution of area problems; and has the right to join in mutual association and expend public funds for these pursuant to ~~ 67-2326 - 67-2333 of the Idaho Code; and WHEREAS, the Ada Planning Association was created under authority of ~~ 67-2326- 67-2333 of the Idaho Code and (Name of Agency) was one of the signatories thereto; and WHEREAS, (Name of Agency) now desires to modify the Ada Planning Association Articles of Agreement to provide for dissolution of assets of Ada Planning Association in the case of dissolution of Ada Planning Associatio. NOW, THEREFORE, BE IT RESOLVED, (Name of Agency) does hereby approve the attached modifications to the Ada Planning Association Articles of Agreement and authGilzes (t~ame of Person) to s:g:1 the 3m:;~c~,d /\:iJc~es- of Agreement on behalf of (Name of Agency) DATED this _ day of ,1997. Ada Planning Association APA 413 W. Idaho. Suite 100 Boise. ID 83702 (208) 345-5274 Fax (208) 345-5279 Serving Governments in Ada County Since 1977 MEMORANDUM FROM: DATE: RE: Vem Bisterfeldt, Chairman, Board of Ada County Commissioners Robert Corrie, Mayor, City of Meridian Susan Eastlake, President. Ada COUelny 'hway District Commission Ted Ellis, Mayor, City of Garden City Rick Yzaguirre, Mayor, City of Eagle, ~ Clair M. Bowman, Executive Director t t..-"'" August 26, 1997 REQUEST TO MODIFY ADA PLANNING ASSOCIATION {APAl ARTICLES OF AGREEMENT: DISSOLUTION OF ASSETS PROVISION TO: Requested Action Formally adopt the attached resolution (or your own personalized version) for the purpose of modifying the APA Articles of Agreement. BackQround In February the APA Board adopted two changes to the Articles of Agreement which allow greater flexibility for APA in dealing with regional issues. Subsequently, each General Member agency was requested to concur with an affirming resolution. Ada County, Ada County Highway District, Eagle, Garden City and Meridian have done this. Boise and Kuna will make those changes, and the change which is currently being requested, with a single resolution. In fact, Kuna has approved its resolution. In the midst of clarifying APA's organizational structure and status, it was noted there is an omission in the APA Charter of how assets of the organization would be distributed in the event APA were dissolved, At the July 21 APA Board meeting, the Board unanimously voted to incorporate the following paragraph into the APA Charter: "Article IX, Section 4: Upon termination of this amended cooperative agreement and disbanding of the Association, all property of the association shall be distributed to General Members in proportion to their contribution to the work program and budget of the association in the fiscal year in which dissolution occurs.!1 Status A resolution is required by each APA General Member in order to consummate this Charter modification, Please consider this modification at an upcoming Council/Commission meeting and adopt the attached resolution. Cinda Stone has assisted each of your agencies with the modification which the Board approved in February, and she will also be available for assistance with this modification. Please call her at 345~527 4 jf you have any questions whatsoever and she will be happy to help you. pc: City Clerks, Cities of Eagle, Garden City, and Meridian Heidi Cooper, Ada County Commissioners Office Jeny Nyman, Ada County Highway District File 991.02/Board Correspondence CB:CS ARTJCLE2.AMD Ada COllnl~' II ig-hway !)i~tri('l. Ada Counly. ('jlil'~ uf Boi~l'. Eag-Il', t;ardl'n City, f\ LIlla, and i\h'l'idian Il"i~(' ,\ udilol'ium Distriet. Boi,<' 'ndl'Pl.ndl'nt Sl'hooll )bll'id. i\] l'I'idian .Ioinl ~{'h!Jnl nistl'id, and Rois(' Stat(' t'nh'{'rsity EI/I/ill O[!J!ll/'t till it,\' \ fn I'frw I ill' ,\ ('I i01l f:nr plo,\l'" Printed on Ikc~'cled Paper (~ ~- BEFORE THE MERIDIAN CITY COUNCIL ROGER MICHENER VARIANCE APPLICATION 519 FAIRVIEW AVENUE MERIDIAN rr IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come ort for public hearing September 2, 1997, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the city Council brought the matter on for consideration of the January 4, meeting but the Applicant had requested that it be tabled until January 18, 1993, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 2, 1997, the first publication of which was ~ifteen (15) days prior to said hearing; that the matter was duly considered at the September 2, 1997, hearing; that the public was given full opportunity to' express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that a hearing on the matter was scheduled, noticed and held on September 2, 1997. 20 That this property is located within the City of Meridian FINDINGS O~ FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 1 and the Applicants are not the owners of the property which is described in the application which description is incorporated herein~ The owners are Robert G~ and Patricia A~ Jacobsen, who have consented to this Application~ 3. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. 1~b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met~ 4. That the property is zoned Limited Office. 5~ That The Applicant stated in his Application for Variance, in paragraph 13~, that the side yard set back was 20 feet and he desired to reduce that to 5 feet. Ordinance 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires in the General Retail and Service Commercial (C-G) zone t4at the Minimum Yard Setback Requirement is twenty (20) feet~ 6~ That the Applicant has requested that he be granted a variance from the above yard setback requirement so that the Fire Department can have access to his structure all the way around the building. 7. The Applicant stated in his hearings for the Re-Zbne, Conditional Use, and Variance as follows: We have been able to resolve all of these issues with a retaining wall, a block wall or a block or concrete retaining wall with some over above standard landscaping 0 Part of our request is for a five foot [or] reduction of the 20 foot side yard setback for a commercial zoning adjacent to a residential use which is in this rear corner. ... We FINDn~GS OF FACT AliID CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 2 have been required pretty much by the fire department to maintain access completely around our property for fire protection. So it is pretty much imperative that we have that alley between the two buildings. So we basically established a 15 foot side' yard setback with the concrete wall with additional landscaping. That has been satisfactory to Loren [Ross] as far as appeasing him and his residential use there. I think it provides a very good screen, probably more so than a 20 foot side yard setback with a wall and additional landscaping. other than that all the other neighbors are in favor of it. I would be happy to answer any questions you might have. Mr. Ross stated as follows: I have kind of stated the importance of the variance as far as fire codes and everything else earlier. 8. In the Application the Applicant stated, in paragraph 10. as follows, in response to the question CHARACTERISTICS OF PROPERTY WHICH PREVENT COMPLIANCE: Fire department would like to have a driveway access around the entire building . Additionally, several tenants and their customers need to have better access for parking and delivery. 9. In the Application the Applicant stated, in paragraph 10. as follows, in response to the question WHAT MINIMUM REQUIREMENTS OF ORDINANCE THAT NEED TO BE REDUCED TO PERMIT PROPOSED USE: 20 ft. side yard setback reduced to 5 ft. Sit Plan also adds additional fencing, herming, and landscaping to provide the two trailer houses with more privacy than prior to the buildings construction. 10. There was no testimony offered stating objectio~s t~ the Variance. 11. Neither the City Engineer, Gary Smith, or the Planning and Zoning Administrator, Shari Stiles, commented that they had any objections to the Variance. T/INDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 3 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant' s property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4-. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419 A, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A. The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same 4istrict and no permitted or non-conforming use of lands, structures or buildings in other districts shall FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 4 i I, be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship 0 A variance application does not go to the Commission unless directed by the Council. 60 That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 Co FINDINGS A variance shall not be granted unless (as'a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer, because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public I s welfare or injurious to other property in the area in which the property is situated; 4 . That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7 . That there does appear to be a specific benefi t or FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 5 profit, economic gain or convenience to the Applicant in that the Applicant would have to relocate the proposed structures to be constructed on the property which were not in existence at the time the time that he desired to purchased the property; however, the people that are living in the trailer court and the owner of the trailer court have not objected to the Variance and have agreed that the Applicant will do other things to protect the residences of the trailer court. 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the set back Ordinance would clearly be unreasonable since the residents in the trailer park and the owner of the trailer park have not objected. b. That strict compliance with the requirements of the set back Ordinance would result in extraordinary hardship to the applicant as a result of factors not self- inflicted. c. That the granting of the specified variance would not be detrimental to the public'~ welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of al tering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted. FINDINGS OF FACT AND CON"':LUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED APPROVED: DIS}\.pPROVED: DECISION It is hereby decided that the variance of the set-back ordinance is hereby granted and the Applicant shall not be required to relocate the structures which are going to b~ built on the property. ~ MOTION: GRANTE~~ DENIED FINDINGS OF FACT A~D CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 7 MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 16,1997 -7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: 1. 2. 3, 4, 5. )( CHARLIE ROUNTREE )( RON TOLSMA )( WALT MORROW ~GLENN BENTLEY -tC-MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 2, 1997: ttfjJrov--e...- MINUTES OF SPECIAL MEETING HELD SEPTEMBER 3, 1997: d../jY?rCl/J'L--- TABLED SEPTEMBER 2, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS, COMMITTEES: ,/zv.tle ftfvh7 oclcrf~ 7Cb- wr TABLED SEPTEMBER 2, 1997: ORDINANCE #761 - TRAFFIC SAFETY COMMISSION: -/tvbe.€ tv~e Och~ 1f3:, f4'v~ TABLED SEPTEMBER 2, 1997: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: c en-..-/7 n.v~ p / /-.- ~i'c bJ c; .,;:-~ ? J?::,. I"'h- ~ " TABLED SEPTEMBER 2,1997: FINAL PLAT FOR CROSSROADS NO.6 BY RAMON AND MARILYN YORGASON: tbjJfr-D v~ ORDINANCE #773 - MICHENER REZONE: a;:;rorov..e.-.-I 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE TO THE 20 FOOT LANDSCAPE S~~~ACKBY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: tij?j7Tf:'l/<...'/ -I/f- f o/G- ORDINANCE #774 - CHERRY LANE BAPTIST CHURCH REZONE: "#-J7J7Tl7t/i.1?--- ORDINANCE #775 - VACATION OF GENTRY WAY: --h:,;free.. ~h 1 &ch 7 a /h'1t- ORDINANCE #776 - BUILDING & PLANNING AND ZONING DEPARTMENT: h:ki vo/.dtZ &cA 7 I;f~ j/t,,~ RESOLUTION #166 -AMENDING APAARTICLES OF AGREEMENT: /l.:fllrrovA..€. ap?r2JV~ fI t FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN CHURCH: a~/hJ{re -/1 f" f v/L ctpfrvb.e. decIS/b-~ 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. FINAL PLAT FOR DEVLIN. PI,A:CE SUBDIVISION, 43 LOTS BY D,W. INC.: -fa.f?te urtiZc.-t, ~ ;()ec-, Za- as jU-L /u~'fj!A~f- PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORQ ld\TERAL J3Y GOLFVIEW ASSOCIATES LIMITED. ;y PARTNERSHIP: ?d?vf;h~ //.4 .n" CelS 7f1' /71"":1 ,0,) ~'1- r-~p'AdJ. PUBLIC HEARING: REQUEST FOR A TRANSFER OF CONDITIONAL USE PERMIT FOR A DAY CARE FROM JERRY COBLER TO MUHAMMAD SABIHA AU -1155 E. CHATEAU: tvjPIJI-'dl;j~ -Ira--n-S'/iv REQUEST FOR A CONDITIONAL USE PERMIT FOR VANGUARq IM~I~~RY ACADEMY_~Y VA~GUARQ MILITARY ACADEMY: ~j3h7vte -f'/P , Cf t. tLjO proV'.( ct.e Ct 7/ (ry;,. - ~'-'tj- REQUEST FOR A CONDITIONAL USE- PERMIT FOR A COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BA~.K BY_~IRST SECURITY SERVICE CO - BRYCE REYNOLDS: ~PH'V'JZ, ,/';;: tf C--(C--- ~':P h> v..e.. de cc',rA,;yL.-- " , REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: t2fJ;PnY v~ -I'lf f eft dj7pYDV':z- C:Uct';t;'\:n-- ' REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY) BY AVEST LIMITED PARTNERSHIP - LOT 9, BLOCK 1 AVEST PlAZA SUBDIVISION: cvf?j7rClv.e. -/-/t: f elL tv/I/<- c[frlWt1-d#d PA~;~;tE~;~~~~;~:~~:;~~ISORY ~;;;; deu:C~ Kerr/v ~d./ - ~se.~/~d/ SITE PLAN REVIEW OF TREASURE VALLEY BAPTIST CHURCH PARKING LOT PLAN: aLozp7 . DEPARTMENT REPORTS: A. GARY SMITHt CITY ENGINEER: 1. BID RESULTS FOR TULLY PARK IMPROVEMENTS: B. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. DESIGN REVIEW FOR THE LAKE AT CHERRY LANE NO.7: 18. 19, 20. 21. CITY OF MERIDIAN PUBLJLC MEETING SIGN-UA SHEET NAME y CITY OF MERIDIAN PUBL.d.C MEETING SIGN-U.IL SHEET P;HONE NUMBER S JJ &- ~.'Z ::s :7 f .- 7~?J7V 8btf -8&37