HomeMy WebLinkAbout1998 08-04
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, AUGUST 4, 1998 - 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS SPECIAL MEETING HELD JULY 28, 1998:
MINUTES OF PREVIOUS REGULAR MEETING HELD JULY 21,1998:
1. TABLED JULY 21, 1998: ORDINANCE # - ORDINANCE CHANGES
WITH CROSS CONNECTION AND BACKFLOW DEVICES: (TABLE UNTIL
SEPTEMBER 1, 1998)
2. PRESENTATION OF VISION STATEMENT BY ARDEN DAVIS AND LORI
JONES: (TABLE ACTION UNTIL AUGUST 18, 1998)
3. 94,95,96 AUDIT BY GIBBONS, SCOTT & DEAN LLP: (APPROVE)
4. AMENDED ORDINANCE #774 - REZONE CHERRY LANE BAPTIST CHURCH:
(APPROVE)
5. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R~4 FOR
PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST
DEVELOPERS AND MARTY GOLDSMITH - NORTH OF VICTORY AND WEST
OF EAGLE ROAD:(TABLE UNTIL AUGUST 18, 1998)
6. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.66
ACRES (C-G ZONE) BY KANT I PATEL -1-84, EAGLE ROAD, GENTRY WAY &
ALLEN STREET: (APPROVE FINDINGS - CITY ATTORNEY TO PREPARE
ORDINANCE)
7. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3
STORY MOTEL BY KANTI PATEL- 1-84, EAGLE ROAD, GENTRY WAY &
ALLEN STREET: (CONTINUE PUBLIC HEARING AUGUST 18, 1998)
8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.58
ACRES (R-T ZONE) BY WESTPARK COMPANY, INC. - NORTH OF VICTORY
& % MILE EAST OF LOCUST GROVE: APPROVE FINDINGS - CITY
ATTORNEY TO PREPARE ORDINANCE)
9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT (31 LOTS ON 11.01
ACRES) FOR PROPOSED SHERBROOKE VILLAGE SUBDIVISION BY
WESTPARK COMPANY, INC. - NORTH OF VICTORY & % MILE EAST OF
LOCUST GROVE: (TABLE UNTIL AUGUST 18,1998)
10. PUBLIC HEARING: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM
BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE
RIDENBAUGH CANAL BY FARWEST DEVELOPERS - NORTH OF VICTORY
AND WEST OF EAGLE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT
AND CONCLUSIONS OF LAW)
11. REQUEST FOR FINAL PLAT FOR THUNDER CREEK SUBDIVISION BY
MERIDIAN LAND DEVELOPMENT, LLC - NORTH OF PINE AND EAST OF
TEN MILE: (APPROVE)
12. REQUEST FOR COOPERATIVE AGREEMENT FOR SEWER AND WATER
LINE MAIN EXTENSIONS AT LOS ALAMITOS AND SALMON RAPIDS BY
FARWEST DEVELOPERS: (STAFF TO WORK WITH FARWEST AND COME
BACK WI AGREEMENT)
13. REQUEST FOR BEER, WINE AND LIQUOR LICENSES FOR WESLEY AND
BARBARA RHOADES/127 CLUB BY BRIAN DONESLEY, ATTORNEY AT LAW:
(APPROVE)
14. REQUEST FOR TURNBERRY SUBDIVISION LATE COMER AGREEMENT BY
BRIGGS ENGINEERING: (STAFF TO WORK WITH BRIGGS AND COME
BACK WI AGREEMENT)
15. DISCUSSION AND RECOMMENDATION TO THE ADA COUNTY P & Z
COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON
PROPERTYNIENNA WOODS SUBDIVISION BY SKYLINE CORPORATION:
16. WATER / SEWER / TRASH DELINQUENCIES: (APPROVE)
17. APPROVE BILLS: (APPROVE)
18: DEPARTMENT REPORTS:
A. WILL BERG:
APPROVE COPY MACHINE RENTAL AGREEMENT. (APPROVE)
B. SHARI STILES:
APPROVE WEED, TRASH AND DEBRIS REMOVAL CONTRACT
AGREEMENT. (APPROVE)
C. GARY SMITH:
1. ENGINEERING AGREEMENT FOR WATER AND SEWER MAPPING.
(APPROVE)
2. ENGINEERING AGREEMENT FOR SEWER TRUNK LINE STUDY.
(APPROVE)
D. BILL GORDON:
CROSS DEPUTIZE POLICE OFFICERS RESOLUTION. (APPROVE)
Meridian City Council
August4,1998
Page I
MERIDIAN CITY COUNCIL MEETING
AUGUST 4.1998
The regular meeting of the Meridian City Council was called to order by Mayor
Robert D. Corrie at 7:33 p.m.
MEMBERS PRESENT: Glenn Bentley, Charlie Rountree, Keith Bird, Bob Corrie.
OTHERS PRESENT: Shari Stiles, Gary Smith, Bill Gordon, Angel Sims.
Corrie: At this time I would like to recognize the Meridian Swim Team, and the
head coach is Annie Chandler. Is she here tonight? Annie, I'm going to come
down there. For the public information tonight the Meridian Swim Team placed
4th out of 10 teams. They've got the trophies. We're going to put those in city hall
here and display them. Also 15 to 18 male free relay broke the city record. And
also they were awarded the trophy for Sportsmanship. So I think we need to give
them a big hand. And to show our appreciation the City of Meridian, Idaho
certificate of appreciation this is to certify that the Meridian Swim Team
appreciation in the willingness to make their team a success, distinguished
service to this city and community as team players issue this certificate in
recognition thereof. Dated this 4th day of August, 1998. Mayor Robert D. Corrie.
Congratulations. All right item number one and five, we are going to ask the
council if they would table those two items until the - Charlie if you want to -
Rountree: Mr. Mayor I move that we table item number one for the ordinance to
change the cross connection and backflows devices until our regularly scheduled
meeting September 1 st and that item number five the amended Findings of Fact
and Conclusions of Law for the annexation and zoning request for the Thousand
Springs Subdivision be tabled until our next regularly scheduled meeting August
18th,
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird that we table item
number one the cross connection and devices until September the 1st and item
number five, the amended Findings of Fact and Conclusions of Law for the
Thousand Springs Subdivision until August 18th. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: At this time I would invite Lori Jones and Arden Davis for the
presentation of the vision statement.
Davis: Mayor Corrie, councilmen, it's a pleasure to be here again tonight and
bring to you the results of our vision efforts and ask for your support and adoption
of this as the vision statement for the City of Meridian. The vision statements
Meridian City Council
August 4, 1998
Page 2
reads as Lori is handing out here, Meridian is a vibrant community at the center
of the Treasure Valley dedicated to embracing its heritage and providing a high
quality of life where its citizens live, work and play. Whereas, the Meridian Vision
Statement provides direction and feeling for our community, history,
transportation, economic and commercial growth, housing, recreation, city
services, culture, beautification and education contribute to achieving this vision.
To fulfill our Meridian Vision Statement, the community needs to proceed with the
consensus process to evaluate and make recommendations that lead to
achieving our Vision.
Whereas, the Meridian Vision Statement is a vision drawn from the consensus of
our community, the individual areas need to be developed to support our
Meridian Vision Statement. Cooperation, collaboration and consensus of the
many constituents will lead to the successful implementation and achievement of
our Meridian Vision Statement.
Therefore, the request is made hereby for the Meridian City Council to adopt the
Meridian Vision Statement as shown above; and, furthermore to support and call
together such ad hoc committees as necessary to develop mission statements
and to implement actions that will lead to achieving our Meridian Vision
Statement. I hereby submit that for your consideration.
Corrie: Thank you Arden and Lori.
Davis: Are there any questions?
Rountree: Do you have a short synopsis of the process that you went through to
get the vision statement having participated in some of it, but not all of it.
Davis: Back in October we gathered in these chambers to consider the direction
the city needed to go with regard to some transportation issues and found that
we needed to address a broader scope of what our community wanted to be.
And in doing that we called together between 30 and 50 community citizens on a
voluntary basis to 3 or 4 meetings, in which we used the facilitation of Claire
Bowman the executive director of Ada Planning Association, Dr. Jim Weatherby
from Boise State University, Dr. Dave Patton from Boise State University and
Nancy Jones from Hewlett Packard to facilitate our meetings to draft this vision
statement. It took a process of three nights to come together with a
brainstorming, the condensing and then drafting of this final statement which was
a consensus of those 30 to 50 people who participated over those several nights.
And having achieved this, their efforts we have from their input the itemization of
several emphasis areas there that need to be further developed for mission
statements to draw into this vision statement to help us achieve they see
Meridian ought to be in the year 2005 to 2010 which is our long term goal. It's a
Ilving process and one that we can contribute to and continue to develop as we
go through.
Meridian City Council
August 4, 1998
Page 3
Rountree: Thank you.
Davis: You're welcome.
Corrie: Thank you Lori and Arden very much. I might add that one of the meeting
that the ad hoc committee for some of this transportation is going to be changed.
The meeting has been changed to the convention center on Carlton where the
old school was. It's been refurbished. It will be at 7:00 in the auditorium area.
There will be a statement in the paper on that as well.
Rountree: I guess for my information, what's that consist of?
Davis: The transportation ad hoc committee will be facilitated by Claire Bowman
and that meeting will be on August 10th 7:00 p.m. there at the convention center.
The initial meetings will deal with the process and also getting into the
establishment of the concepts that go into that mission statement with Claire
doing the facilitating. If it isn't achieved in the first meeting, in the first two or
three hours, then we'll convene again as necessary until we have those things
itemized.
Corrie: And those will be presented to the council for their recommendation to
the council.
Rountree: And what's the process? Is there an established ad hoc committee
now? Will this meeting be to establish the committee and who makes up the
committee?
Davis: I don't have the list of committee members with me, but the Mayor has a
group of 10 or 12 folks that have been identified that will be serving on as ad hoc
committee. The public is also invited to attend and as we facilitate input will be
drawn from that committee and others who may want to contribute to the
process.
Rountree: And Mr. Mayor can I assume that you will share that with us?
Corrie: Yes, you should have it in your box. Maybe my secretary didn't get it to
you today.
ITEM NO.3: 1994, 1995,1996 AUDIT BY GIBBONS, SCOTT AND DEAN LLP:
Corrie: Council you have those three audit years in front. I would assume what
we, need now is that you accept these audits and make them available for public
examination. Did you happen to get the letter from Gibbons, Scott and Dean,
LLP from Jo Bolen in your files?
Meridian City Council
August 4, 1998
Page 4
Rountree: Yes. I have no further questions that what was provided by the City
Treasurer the information. I don't have anything more to add to or question on
the audit.
Bentley: Is Janice still here?
Corrie: I think she left with that swim team.
Rountree: She may be outside.
Bentley: Chief, could you go grab her if you could please?
Rountree: She may have gone home.
Corrie: She's not here. But there's no further questions, then I will entertain a
motion that we accept the '94, '95, '96 audit.
Bentley: What I was interested in was what the input is from the new auditing
team and if they had any questions that needed resolved.
Rountree: That's a legitimate point. We probably ought to have that information
before we accept -
K. Smith: I'm one of the auditors. I just happen to be here with a boyscout
tonight. I can maybe answer your question.
Bentley: My question was whether your organization had any questions
unanswered questions under these three audits.
K. Smith: I don't think the audits that have taken place. Right now the status of
our audit, right now we're doing 1997, and we're going through a process of
helping them close since this audit was so late coming in 1996 audit. There were
several adjustments and entries that weren't made and then when we started we
had to - we're basically working with 1996 numbers, and so we're in the process
right now of getting the books up to date and just as of today and a little bit
yesterday, we actually started the audit and should have that wrapped up by the
end of the month for '97.
Bird: At the end of the month, we'll have '97 audit.
K. Smith: Right.
Bird: Good, thank you.
Bentley: So you have no problems with those three audits?
Meridian City Council
August 4, 1998
Page 5
K. Smith: No.
Bentley: That was the question I had. Thank you.
Rountree: Thanks for the info.
Corrie: Any further questions?
Rountree: Mr. Mayor, I would move that we accept the audits for 1994, 1995,
and 1996 as prepared by Gibbons, Scott and Dean LLP.
Bentley: Second.
Corrie: Motion made and second that we accept the '94, '95, '96 audit as
Gibbons, Scott and Dean LLP. Is there any further discussion? Hearing none,
all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Bentley: Mr. Mayor could you see that the fire fighters local gets a copy of all
three please?
Corrie: Yeah.
Rountree: And that probably should be supplied to them by cover letter or
certified mail.
Corrie: I'll see that they get those tomorrow.
Rountree: Mr. Mayor, excuse me and I know you are on a roll here, but I'd like to
go back to item number two just get a general sense of where we're going with
that. We've been asked to accept the vision statement by the visioning
committee. Certainly we need to act on that request. I guess I'd just like to have
a bit of discussion with council as to when you would like to act on that. Do you
want to take it up under a planning session? Or do you want to contemplate and
we'll discuss it and have it on the agenda meeting so we know how to schedule
it.
Bentley: My feeling is I'd like to move on it as soon as possible. Especially since
they have these follow up meetings scheduled. So for the 18th and we'll get a
copy to Rod so he can review it.
Rountree: If I might go back to that item Mr. Mayor would move that we table
action on item number two the vision statement our regularly scheduled meeting
of August 18th.
Meridian City Council
August4,1998
Page 6
Bird: Second.
Corrie: Motion is made by Mr. Rountree and second by Mr. Bird that we table the
action on the statement until August 18th meeting. Any further discussion? All
those in favor say aye.
MOTION CARRIED: All ayes.
ITEM NO.4: AMENDED ORDINANCE #774 - REZONE CHERRY LANE
BAPTIST CHURCH:
Corrie: Is there any discussion on the amended ordinance #774 before I read
the first part.
Rountree: Mr. Mayor I have a question as to the status of the timing of this. I
think this was discussed, time slips, but a good number of months ago. Has this
just been tabled for some action or it's not been our agenda for months. If I
might ask that question of Shari. She seems to want to tell me.
Stiles: Mr. Mayor and Council, Councilman Rountree the ordinance that was
initially adopted didn't even include the property where the Cherry Lane Baptist
Church was. It rezoned the adjacent subdivision to L-O, parts of the subdivision.
And we requested the amended legal description and got that just recently so
that's why we made sure that it got back on the agenda.
Rountree: Okay.
Corrie: Any further questions of staff? Amended Ordinance #774 is 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 SW % of
the SE % of Section 2, townhship 3 north, range 1 west of Boise Meridian Idaho
and providing for an effective date. Is there anyone from the audience that would
like to have amended ordinance no. 774 read in its entirety? Hearing none,
council, what's your pleasure?
Bentley: I move we adopt the amended ordinance for the rezone at Cherry Lane
Baptist Church #774 with suspension of rules, authorize the Mayor to sign and
the Clerk to attest.
Rountree: Second.
Corrie: Motion is made by Mr. Bentley and second by Mr. Rountree to accept the
amended ordinance #774 with the suspension of rules. Any further discussion?
Hearing none, all those in favor of the motion say - I'm sorry roll call vote.
ROLL CALL VOTE: Anderson, absent. Bentley, yea. Rountree, yea. Bird, yea.
Meridian City Council
August4,1998
Page 7
MOTION CARRIED: All ayes.
ITEM NO.5: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR
PROPOSED THOUSAND SPRINGS SUB. BY FARWEST DEVELOPERS AND
MARTY GOLDSMITH - NORTH OF VICTORY AND WEST OF EAGLE ROAD:
(TABLED TO AUGUST 18,1998)
ITEM NO.6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING
1.66 ACRES (C-G) BY KANT I PATEL:
Corrie: I'll open the public hearing and is Kanti Patel here?
KANTI PATEL WAS SWORN BY THE ASSISTANT CITY ATTORNEY.
Patel: My guy that is suppose to be here is not here. He got all the information.
I am waiting for him.
Corrie: When do you expect him to be here? Do you know?
Patel: He called me. He is supposed to be here at 7:30. I don't know what
happened to him.
Corrie: Well, we'll see if there's anybody else from the public that wants to testify
and then we'll come back here. Is there anyone else from the public that wants
to testify in this request for annexation and zoning?
WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE
ASSISTANT CITY ATTORNEY.
Forrey: Mayor and members of the council, I was kind of hoping to hear the
presentation, but I work with Hubble Engineers and Hubble Engineering is
purchasing property adjacent to this proposed development site, and we are
totally in favor of the annexation, the zoning request of C-G and also the
development of the site as proposed. But we'd like to hear the presentation if we
could and maybe if that's later tonight if we could maybe have another
opportunity to comment if necessary. That's it. We are in support of the project.
Corrie: Thank you Wayne.
Forrey: Thank you.
Meridian City Council
August 4, 1998
Page 8
Corrie: Is there anyone else from the public that want to issue testimony at this
time? Okay, what I'll do is I'll postpone item number six and just kind of postpone
it until he gets his representative here and then we'll come back to that.
Bentley: Mr. Mayor, do we need to continue this and then come back to it
officially or -
Corrie: Well, we can come back to it. Items six and seven, if he doesn't have his
representative here we can come back to it.
Rountree: Just for clarity Mr. Mayor, I would move that we continued the pubic
hearing on item six and defer the public hearing on item number seven until such
time that the applicant's representative is present this evening.
Bird: Second.
Corrie: Motion is made and seconded that we hold the public hearing off for a
little bit until we get the representative back and then we'll bring it back on to the
table. Any further discussion? All those in favor of the motion say aye?
MOTION CARRIED: All ayes.
ITEM 8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
7.58 ACRES R-T FOR SHERBROOKE VILLAGE SUB. BY WESTPARK
COMPANY, INC. NORTH OF VICTORY AND % MILE EAST OF LOCUST
GROVE:
Corrie: I will open the public hearing and the representative from Westpark
Company will come forward.
BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND BOISE WAS
SWORN BY THE ASSISTANT CITY ATTORNEY.
Bowcutt: This is what we call Sherbrooke Village Subdivision. If you are familiar
with the Sherbrooke Hollows development that came through a few months ago.
Westpark Company has purchased this parcel right here that adjoins it. In the
original application years ago when it was Highlands, that was part of it, and then
it was dropped out. The resident who owned the home decided to sell the
property. Westpark Company is purchasing the existing house and the
undeveloped portion. It consists of about 7.58 acres. However the legal
description for annexation says 7.8 because your staff asked us to take it to the
other side or the centerline of the right-of-way so some of that area is right~of~
way. In this proposed preliminary plat we had one stub street available to us that
we allocated with the Sherbrooke Hollows. We saw it necessary to bring another
street through therefore the plat consists of 11.01acres, so that's why you see
the discrepancy in the acreage in the preliminary plat and the acreage for the
Meridian City Council
August 4, 1998
Page 9
annexation is 7.80 to an R-4 designation, which is consistent with your
Comprehensive Plan. This area is designated as single family, but the plat
overlaps up to this street within the Sherbrooke Hollows because we needed to
bring this street on through and we were considered that that would be
considered a substantial change. Therefore to be safe we just took the plat up to
this portion. So a portion of this is like a new preliminary plat on Sherbrooke
Hollows. There's 31 lots that are buildable. They are all single family. That
include the existing house lot. There are two common lots. We're matching our
landscaping along Victory Road with a 30 foot minimum landscape lot here and
here. The existing house will remain. The accessory buildings that are out there
will be removed. The existing house we tried to orient our streets to have it take
access internally within the development. But based on the house facing due
south it was not possible. Ada County Highway District did allocate us an
approach for this house only. None of the other lots may take access to Victory
Road and that's not uncommon when we're dealing with an existing house.
We'll be dedicating additional right-of-way, 48 feet from centerline will be the total
width. Five foot sidewalks will be set two feet from the north side of the right-of-
way. All streets are public, 36 back to back, five foot sidewalks both sides. All
lots have 80 feet of frontage with the exception of those on the radiuses and the
90 degree turns which meet your 45 minimum. We're asking for no variances.
All lots meet or exceed the 8,000 square feet minimum. We've reviewed the
Findings of Fact and Conclusions of Law set forth by the Planning and Zoning
Commission, and we concur with all their Findings. Staffs comments, we were in
agreement. They asked for some additional information which we did provide.
Do you have any questions?
Corrie: Council?
Rountree: I have a question on the house that will access Victory. A very similar
situation that we had in the subdivision on Ten Mile. We went through the
platting process, individual lot and in the meantime between the time that it was
finalized and the subdivision developed that lot sold. The new owners some way
or another were not advised of or did not understand that their property would
have a sidewalk running through the front of it, and essentially was not sold as
such so we now have a home next to a berm with sidewalks coming to either
side of it and really don't have a continuous - don't have the right-of-way donated
or available to ACHD. Is that situation going to hit us on something like this, or
have you got some type of restriction or the owner has some kind of restriction
on that lot that right-of-way setback will be available to the highway district and
the developer to put in a berm landscaping and sidewalk.
Bowcutt: To answer your question Councilman Rountree, this property is not
eligible for a one time division. In order to split this house off, it has to hook up
below an acre. It has to hook up to central services. Ada County Highway
District has specified in their site specific requirements that we must take
sidewalk and dedicate right-of-way for 640 feet which does include that house.
Meridian City Council
August 4, 1998
Page 10
So there will be no way for anyone to get around that. They would not sign the
plat until that sidewalk was constructed and that right-of-way across the front of
the house was dedicated. And I don't see the house - the house cannot legally
be sold until it is platted, because you would be dropping it down to a 20,564
square foot lot.
Rountree: Yeah, but it can be illegal. We've run into a few of those.
Bowcutt: True. I can't remember if Gary's staff put a statement on there that that
house needs to be hooked up to central services. I don't recall a statement. It
should be noted that the house needs to be hooked up to central water and
sewer.
Rountree: That's the only question I had.
Bowcutt: One thing I did want to note we are evaluating this approach up here
with the highway district. They are in their design of this bridge here for the Eight
Mile Lateral. The developer is working with the highway district. Their design
was not real conducive to our approach. The highway district recommended that
we take a look at our trips per day now that we have a second access. And if
these trips per day were less than 1,000, we could potentially eliminate this
approach to Locust Grove. I've advised the client that the only way to do that
would be to reprocess through the city council as a new preliminary plat. Shari
concurred that would be considered a substantial change, but I just want it to be
on the record that that is being look at as a possibility. It may not be feasible
from a traffic perspective. Also we need to talk with the fire department, which I
have not done.
Corrie: Any further questions of Becky? Thank you Becky. Is there anyone else
from the public that would like to issue testimony on item number eight? Council
any questions of staff? Questions of the Findings?
Bentley: Mr. Mayor, I'd like to ask Gary and Shari if they are satisfied with all the
responses and everything?
Stiles: I am.
Smith: Yes, Mr. Mayor and Councilmen, we are satisfied.
Bentley: Thank you.
Corrie: Any further discussion?
Bird: I have none.
Corrie: Hearing none, I will close the public hearing on item number 8. Council.
Meridian City Council
August 4, 1998
Page 11
Rountree: Mr. Mayor, I move that the Meridian City Council approves the
Findings of Fact and Conclusions of Law as prepare for by the Planning and
Zoning Commission.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve
the Findings of Fact and Conclusions of Law as prepared by the Meridian
Planning and Zoning Commission. Roll call vote.
ROLL CALL: Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: Motion on the decision and recommendation.
Bentley: Mr. Mayor, the City of Meridian here by adopts the Findings of Fact and
Conclusions of Law and approves the decision that the annexation and zoning as
stated above in the conclusions for the property described in the application with
the conditions set forth in the Findings of Fact and Conclusions of Law that the
applicant be specifically required to meet all the ordinances of the city of Meridian
and these condition of these Findings and Conclusions that if the conditions are
not met that the property be deannexed.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird on the decision and
recommendation as read. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
Rountree: Mr. Mayor I move that we instruct the city attorney to prepare the
annexation ordinance for this annexation.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we address
the attorney to make an ordinance for the request for annexation and zoning.
Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City CounCil
August 4, 1998
Page 12
ITEM NO.9: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT 31
LOTS ON 11.01 ACRES FOR PROPOSED SHERBROOKE VILLAGE
SUBDIVISION BY WESTPARK COMPANY, INC.
Corrie: I'll open the public hearing and invite Becky Bowcutt.
BECKY BOWCUTT WAS SWORN BY THE ASSISTANT CITY ATTORNEY.
Bowcutt: Please incorporate all my past testimony into the record under the
preliminary plat. Thanks.
Corrie: Is there anyone else from the public who would like to issue testimony on
item number nine? All right hearing none, council, questions?
Smith: Mr. Mayor, council members, I want just to reiterate that the approval be
conditioned on a positive result from our water model study computer program
for domestic water supply. That is a part of our staff comments. That was alii
had.
Stiles: Mr. Mayor and Council I didn't have any additional comments except that
I believe this will need to be tabled until the ordinance is prepared.
Corrie: Right. Any further discussion from the council? Okay, at this time I'll
close the public hearing. I will need to get back the annexation ordinance before
we can act on it.
Rountree: Mr. Mayor I move that we table item number nine, the action on the
preliminary plat on Sherbrooke Village Sub. Until we have a completed
annexation ordinance at our August 18th meeting.
Bentley: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to table this
request until August the 18th meeting. Any further discussion?
Rountree: Mr. Mayor I just want to make sure that that's within the bounds of
doability? Okay.
Corrie: Further discussion? Hearing none, all those in favor of the motion say
aye?
MOTION CARRIED: All ayes.
ITEM NO.1 0: PUBLIC HEARING: REQUEST FOR VARIANCE TO EXCEED
THE MAXIMUM BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND
Meridian City Council
August 4, 1998
Page 13
PIPING OF THE RIDENBAUGH CANAL BY FARWEST DEVELOPERS -
NORTH OF VICTORY AND WEST OF EAGLE.
Corrie: I will open the public hearing and invite Becky Bowcutt to reply.
BECKY BOWCUTT WAS SWORN BY THE ASSISTANT CITY ATTORNEY.
Bowcutt: This was heard last month, a couple of weeks ago. All we're asking for
is we were required to submit a variance application because we exceed the
1,000 foot maximum block length around this Ridenbaugh Canal area. We've
got this block here obviously exceeds it. We've broken it up with this micro path.
It comes up to here. We broke it here with a vehicular connection across the
Ridenbaugh. Then we've got this block that runs around like that. We have a
pedestrian connection. I'd like to remind you in your ordinance under pedestrian
walkways, it recommends them in the middle along blocks where necessary to
obtain convenient pedestrian circulation. So we have attempted with our micro
paths to break up the block length. Anytime we have a subdivision adjoining a
large canal that wraps around it, we always have problems with block lengths. I
believe we requested a variance on four blocks. One was this one. We have
one here. This one here we took care of that by shooting this street through
which staff recommended to take the waterline out to the well lot, and then this is
like a thousand eight ten approximately. It's just barely over 1,000. It's kind of
hard to measure on the curb. So we're asking for a variance of this, this and this
block here, and then obviously a variance to pipe the Ridenbaugh Canal since it
exceeds a 48 inch. Do you have any questions? We feel under the ordinance
that these are conditions that we didn't create, and so we feel that we do qualify
for hardship. It's not a privilege treatment of the property. Thanks.
Corrie: Is there anyone else from the public that would like to issue testimony on
item number ten for the variance? Hearing none, council questions?
Rountree: Questions for Shari and the Fire Chief and Gary Smith. And the
question is do see any problems created for delivery of services with the
request?
Bowers: Mr. Rountree, Mayor and Council, this is on the long block, is that what
you are talking about? No, I don't see a problem with that per say. As long as
there are fire hydrants down through there that we could on to if we had to some
where along the line.
Rountree: Shari, any issue with the variance? The request on the canal is I
believe consistent with what we've done in the past on these larger drainage
canal systems.
Stiles: Mr. Mayor and Council, Councilman Rountree, I neglected to put this
variance on the agenda back when their plat and annexation were being heard
Meridian City Council
August 4, 1998
Page 14
last month. That's why it's a little late, but if Findings are prepared, it could be
acted on for the August 18th, but I have no problem with the variance.
Bentley: I have a question for Becky. The Chief brought up the fire hydrants.
They are all in place?
Bowcutt: Yes, we meet all the hydrant requirements with a hydrant what - every
four or five hundred feet. Yes. I don't see any circulation problems.
Corrie: Any further discussion or questions? Hearing none, I'll close the public
hearing and entertain a motion from the council.
Bentley: I would move to instruct the city attorney to provide the Findings of Fact
and Conclusions of Law for the variance.
Bird: Second.
Corrie: Motion by Mr. Bentley and second by Mr. Bird to instruct the attorney to
prepare the Findings of Fact and Conclusions of Law.
Bentley: Is that feasible for the 18th?
Corrie: For August 18th. Any discussion? Hearing none, roll call vote.
ROLL CALL: Rountree, yea. Bentley, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO. 11: REQUEST FOR FINAL PLAT FOR THUNDER CREEK
SUBDIVSION BY MERIDIAN LAND DEVELOPMENT, LLC - NORTH OF PINE
AND EAST OF TEN MILE.
Corrie: Is the representative of that final plat Thunder Creek here tonight? Okay.
Council we have a request for final plat. Is there any questions from staff?
Rountree: Well my position would be until the applicant is here to present the
final plat that we consider tabling this and have staff instruct them that they
should be present at the next meeting.
Bird: I would agree with that Charlie.
Rountree: Mr. Mayor, I move that we table item eleven the final plat for Thunder
Creek Subdivision until our next regularly scheduled meeting August 18th and
have staff notify the applicant that they will be on the agenda at that time.
Bird: Second.
Meridian City Council
August4,1998
Page 15
Corrie: Motion made by Mr. Rountree and second by Mr. Bird to table the final
plat of Thunder Creek Subdivision until August 18th and the subjects to be
notified that they will be on that agenda. Any further discussion? Hearing none
all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 12: REQUEST FOR COOPERATIVE AGREEMENT FOR SEWER
AND WATER LINE MAIN EXTENSIONS AT LOS ALAMITOS AND SALMON
RAPIDS BY FARWEST DEVELOPERS.
Corrie: Is there a representative from Los Alamitos and Salmon Rapids here
tonight? Probably not. Cooperative agreement -
Smith: Mr. Mayor and Council members, this is a request by the applicant for
late comer fees to help pay for over sizing lines that he installed to extend from
previous limits of our services to and through his subdivision. It would be in
accord with the ordinance that's available for a cooperative agreement. We
would bring the written agreement back to you for official approval, of course and
signature by the Mayor and City Clerk based on analysis of the service area and
the over sizing costs for the lines. Thank you.
Corrie: Any further discussion or questions?
Rountree: I have another question for Gary. When would that be brought back
us depending on our action?
Smith: I would say conservatively we could have it back by the September 1st
meeting.
Rountree: We don't have to put you on the spot, but just to get an idea.
Corrie: If you wanted to, you could table it and bring it back on if you want to but
if you want a date certain, you can do that too.
Rountree: Mr. Mayor I move that (End of Tape)
Rountree: Mr. Mayor I move that the city work with the applicant Farwest
Developers to develop a cooperative agreement for the sewer line extension and
further that the city staff analyze the impact on our infrastructure prior to bringing
that back to council at a regularly scheduled council meeting.
Bentley: Second.
Meridian City Council
August 4, 1998
Page 16
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to have the city
in the cooperative agreement entered into and staff prepare it and we back it
back to the council when that cooperative agreement is ready for council. Any
further discussion? All those in favor of the motion say aye?
MOTION CARRIED: All ayes.
ITEM NO. 13: REQUEST FOR BEER, WINE AND LIQUOR LICENSE FOR
WESLEY AND BARBARA RHOADES -127 CLUB BY BRIAN DONESLEY,
ATTORNEY AT LAW.
Corrie: Is Mr. Donesley here this or representative of Barbara and Wesley
Rhoades?
Rountree: Mr. Mayor as I recall he was about that same spot our last agenda,
and it was about 1 :30 in the morning. So he may want to show up a little later
this evening. I don't know.
Corrie: Well we're moving at a little faster pace here. Well, let's just move him
down a little bit. When he comes in, we'll go back to item thirteen. If that meets
with your approval.
Rountree: Mr. Mayor, I move that we defer action on item 13 until such time as
the applicant's representative is present.
Bentley: Second.
Corrie: Motion is made by Mr. Rountree and second by Mr. Bentley to rotate
item 13 down lower tonight and bring it back up when ever the applicant returns.
All those in favor, say aye.
MOTION CARRIED: All ayes.
ITEM 14: REQUEST FOR TURNBERRY SUBDIVISION LATECOMERS
AGREEMENT BY BRIGGS ENGINEERING.
Corrie: Is there a representative of Briggs Engineering here tonight? We're
batting a 1000 almost.
Smith: Mr. Mayor and Council this is a similar request to the one made by the
Farwest Development. These developers extended sewer and water lines in
Black Cat Road and they were excess size to serve their development, so their
request would be for latecomer fees to be paid by the adjoining service area
taking connection to these extensions. And we would proceed on the same
basis that you gave to us direction wise for the Farwest Development.
Meridian City Council
August 4, 1998
Page 17
Rountree: This one is already in place?
Smith: They both are, yes, sir.
Corrie: Any further discussion? Council want to handle the request?
Rountree: Mr. Mayor I move that we have staff develop a latecomers agreement
with Briggs Engineering for their requested extension on sewer conditioned upon
staff analysis and the impact on the infrastructure. And to bring that back to the
council at a future regularly scheduled meeting.
Bentley: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to have staff
develop the subdivision Turnberry latecomers agreement and bring it back after
the completion to the council at a regular meeting. Any discussion? All those in
favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 15: DISCUSSION AND RECOMMENDATION OF ADA COUNTY P &
Z COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON
PROPERTY / VIENNA WOODS SUBDIVSION BY SKYLINE CORPORATION.
Corrie: Is the representative from Skyline Corporation here this evening?
Stiles: Mr. Mayor and Council, I talked to Tucker Johnson this afternoon. He
indicated that he would try to be here by 8:30. He didn't think he would be so
early on the agenda tonight.
Bentley: I move we defer this until later in the evening.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we defer this
until later this evening, item number 15. Any further discussion? Hearing none,
all those in favor of the motion say aye?
MOTION CARRIED: All ayes.
ITEM NO. 16: WATER / SEWER /TRASH DELINQUENCIES.
Corrie: Now this is to inform you in writing if you choose to you have the right to
predetermined hearing at 7: 30 p.m. Tuesday August the 4th, 1998 before the
Mayor and City Council to appear in person and to be judged on the facts and
defend the claims by this city that your water, sewer and trash bill is in
Meridian City Council
August4, 1998
Page 18
delinquent. You may retain counsel and you service will be discontinued on
August 12, 1998 unless payment is received in full. Is there anyone present who
wishes to contest their water, sewer and trash delinquency at this time? Hearing
none, you are hereby informed that you may appeal or have the decision of the
city forwarded and reviewed by the Fourth Judicial District Court pursuant Idaho
Code. Even though they appeal their water will be shut off. The amount of the
turn off is $34,408.27. I'll entertain a motion for the water, sewer and trash
delinquency shut off schedule.
Bentley: Mr. Mayor I move that we approve the water, sewer and trash
delinquency turn off list.
Rountree: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Rountree that we
approve the water, sewer and trash delinquency turn off list. Any further
discussion? Hearing none, all those in favor ofthe motion, say aye?
MOTION CARRIED: All ayes.
ITEM NO. 17: APPROVE BILLS:
Bentley: Mr. Mayor, I move we approve the bills.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we approve the
bills. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 18: DEPARTMENT REPORTS:
Corrie: Okay we have a rental agreement with Xerox for a new machine. The
rental basis charge is $280.00. There's no cost for 1 to 25,000. Prints 25,001 to
infinity is .0120. Is there any discussion on the rental agreements? No
discussion I'll entertain a motion to approve the rental agreement, the Mayor to
sign and the Clerk to attest.
Rountree: I move that the city council approve the subject rental agreement for a
copy machine, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Meridian City Council
August 4, 1998
Page 19
Corrie: Motion made and second to approve the copy machine rental agreement
the mayor to sign and the city clerk to attest. Any further discussion? All those in
favor of the motion say aye?
MOTION CARRIED: All ayes.
B. SHARI STILES:
APPROVE WEED, TRASH AND DEBRIS REMOVAL CONTRACT.
Stiles: Mr. Mayor and Council the contract that you have before you is what the
acting city attorney has reviewed and approved with the exception of the
signature. Our code enforcement officer did sign that because this was taken
from the city of Nampa agreement and that's the reason he signed that. But with
the exception of changing that so the Mayor can sign and the city clerk to attest, I
would ask that you approve this contract so we can have this Rocky Mountain
Tractor be available to give us quotes as jobs come up and be able to act more
quickly on some of the weed complaints that we have.
Corrie: Any discussion?
Rountree: Yeah, other than in the title of the contract, in the body of it says the
performance of work is provided by the contract documents. No where in this
does it tell me what it's for. Other than in the title. Now are there going to be
task documents that come from this.
Prior: If you look down in the contract it makes reference to a work order
Councilman, and basically everything will be done by work order with specifics as
what will be done. That is address in the contract.
Rountree: So I don't have to now assume that contract documents and work
orders are the same thing. They are in fact the same thing.
Prior: They are not the same thing, but basically what this is doing is we're
working out an agreement with a specific company to do this type of work. All
the work will be contingent upon entering into a work order for the work. In other
words if we don't have any work for them to do, they won't receive any pay. In
the contract it say that all the work will be assigned per work order, so I guess it's
not part of the contract, but you don't give them any work order they won't have
any reason to be paid.
Bird: In other words this contract is just established at an hourly rate. And then
each work order or change order to a contract.
Prior: This contract is establishing an hourly rate and it's establishing a
relationship with the particular company to perform services. That's all this
contract is doing.
Meridian City Council
August 4, 1998
Page 20
Rountree: I just wanted to get that clear.
Corrie: There is a termination clause. Okay. Any further discussion?
Bird: Mr. Mayor I move that we enter into this contract agreement with Rocky
Mountain Tractor and Dump Truck Services and for the Mayor to sign and the
Clerk to attest.
Rountree: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Rountree that we enter into
a contract agreement with Rocky Mountain Tractor and Dump Truck Services
and authorize the Mayor to sign and the City Clerk to attest. All those in favor of
the motion say aye.
MOTION CARRIED: All ayes.
C. GARY SMITH:
1. ENGINEERING AGREEMENT FOR WATER AND SEWER MAPPING.
Smith: Mr. Mayor and Council members, two items to discuss this evening. First
item is an engineering agreement for sewer and water mapping project. Our
maps are seriously out of date, and this is an effort to get them updated so that
we have accurate maps for our employees who are in the field doing work so that
we have accurate maps for the public who come to talk to us about locations of
sewer and water lines. I have submitted a proposal to you from JUS Engineers
to do this work. This is an example of some of the work that they've done for the
City of Emmett. They will prepare booklets such as this that will be available to
be carried in the pick up trucks of our wastewater and water works personnel.
They will prepare the larger scale drawings for us to utilize in the office areas at
both the Wastewater Treatment Plant, Water Department and the Public Works
Department, and the City Engineer's Office. The information that we presently
have of record will be scanned, electronically scanned, into the CAD system.
The additional information that we have as record drawings will be put into a
CAD system, and all this will be compiled to create a complete set of drawings
for both sewer and water for the entire city. We will then be able to update the
CAD system periodically with our own forces. And they will turn all the
documents over to us, all the electronic documents, over to us. Also another
aspect of this is that a future time if we so desire we can add data base to these
maps. That would give us a record of the age of the pipes, type of pipes, other
information that we would need for maintenance purposes of the system, but
right now we just want to get the mapping done, get that of record so we've got
some good accurate maps. Do you have any questions that I can answer on
this? JUS did the original mapping that we had for the city.
Meridian City Council
August 4, 1998
Page 21
Bird: Gary, you are talking about the city?
Smith: Well both sewer and water.
Bird: On the water we got a not to exceed $44,000. What's the one on the
sewer? You have to enter into any contract without a not to exceed or some kind
of an idea of what we're going to pay.
Smith: The sewer and the water, the sewer is not to exceed, time material basis
not to exceed a $40,040.00-
Bird: That's the water?
Smith: That's the sewer. This is water and that is not to exceed to $44,000 and
the sewer is right here. That's a different one. The reason I had him to go to a
time material because there are areas in our city in these sections that we're
going to map that are pretty sparsely populated right now, and there's very little
development in them. There are other areas that are a lot more densely
developed and my concern was initially they were doing an average cost per
section. And I felt that it would be better for us in terms of cost that we had these
done on a time material basis and that way we'd actually pay for the actual
amount of cost per section. Bruce Stewart will be working as project manager
with the engineer providing the information, providing not only the mapping
information that we have on paper, but the information that he has in his head
from the years of his service here in Meridian. So we'll be getting all that
information down on a record.
Rountree: I think it's a great legacy program for the city. It's something that's
going to be really beneficial in the years to come.
Smith: Yes, sir. It will be.
Bird: Mr. Mayor, I move that we enter into these agreements with JUS
Engineering. The water system maps not to exceed $44,000 and the sewer
system maps not to exceed $40,040.00. And for the Mayor to sign and the Clerk
to attest. @
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley to enter into the
Engineering Agreement with JUB for the water and sewer mapping $44,000 the
water and $40,040 for the sewer. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
August 4, 1998
Page 22
Smith: Thank Mr. Mayor and Council. The second item I have is an agreement
for professional services. It's to update our existing sanitary sewer model and to
develop additional sewer master planning. I have the agreement here with an
attachment. I don't know if you have the attachment, the exhibit that shows the
planning area. Is it attached to your drawing? Is your color coded? Is it
colored?
Bird: Just dark black and white.
Smith: I have some that are colored if it would be of any benefit to you. Our
hydraulic model is based on an old software. And we need to convert it over to
the new addition. I kind of wish we could lease the software. But anyway, we
need to get that updated. In addition and probably as important is to launch into
the study of the location of trunk lines in the northerly area of our city, our area of
impact. I guess it would be north easterly portion of our area of impact and the
south easterly portion of our area of impact. These areas have garnered a lot of
attention as of late and actually the northerly area I have fielded of a lot of
inquiries over the last few years about availability of sewer. The engineers is
prepared to move immediately on this, and I know that all of you are anxious to
get some answers as to what we need to do up there. Coincidental with this
study, we're also getting - we just received a draft of our facility plan for the
collection and treatment process, wastewater department, so these will be kind of
working together, but this will be the detailed study that will tell us where the
sewer lines are to go, sizes, etc. in all these of these areas. The scope of work I
think I've generally outlined what they are proposing to do, what I've asked them
to do I should say. This is going to include some flow monitoring in the field to
verify the model. One of the things that we tried to get funded when we did the
facility plan, through DEQ, was aerial mapping of our area of impact, our facility
plan study area. They wouldn't approve that mapping. They said you can fund
the mapping on projects as projects come before or as you plan projects, and
that's one of the things that we're doing here is the aerial mapping so we'll have
two foot contour maps prepared and that's a $60,000.00 bill for the number of
sections that we're doing. And there are roughly eight sections in the northerly
part of our area of impact. There are two sections in the northeast corner and
little over two probably closer to three sections in the southeast. Do you have
any questions?
Bird: Gary are you asking to cover all seven tasks?
Smith: Yes, sir.
Bird: So the total price $124,525.00?
Smith: Yes, sir.
Meridian City Council
August4,1998
Page 23
Bentley: I don't know if you mentioned a time line on this for completion.
Smith: You know I asked for that Councilman Bentley, and I don't think I got a
time line.
Bird: Gary it looks like they say for completion mapping two months and
minimum four months additional for the remaining work, so we're looking at six
months.
Smith: Thank you.
Bird: Mr. Mayor, I move that we enter this agreement with JUS Engineering to
update existing sanitary sewer model and develop additional sewer master
planning and include all seven tasks for a total of $124,525,00 and for the Mayor
to sign and the Clerk to attest.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley to enter into the
Engineering Agreement for the sewer trunk line study as motion as stated in the
amount of $124,525.00. Any further discussion? All those in favor of the motion
say aye?
MOTION CARRIED: All ayes.
Bird: Thank you Gary for this. We appreciate it. Good job.
Corrie: Chief, you have item D. on the agenda.
Gordon: Mr. Mayor and Council, you have before the request for resolution
authorizing the memorandum of agreement between Boise City, Garden City,
and Meridian City. I brought this up at the last meeting, at which time the council
requested some time to review this. I stand before you again requesting that this
be the resolution be approved and they Mayor authorized to sign the agreement.
I would stand for any questions.
Bentley: Has the counsel reviewed this and your opinion on this?
Prior: I think it's fine.
Bird: Was the letter we got from ICRMP, was that satisfied? ICRMP had a -
Gordon: I reviewed, Mr. Mayor and Councilman Bird, I reviewed the facts from
Hamiln and Sasser which represents ICRMP. I find the request or additions or
the changes they've got in there, very minute, minimal. They don't affect the
actual operation of the agreement. I might also mention that this memorandum
Meridian City Council
August 4, 1998
Page 24
of agreement has gone through Boise City's legal, Garden City's legal and
through our legal and those three agree. Boise City has already passed and
signed this agreement. Garden City will pass theirs on the 11th. We have maybe
a little premature, but a signing schedule for the 12th of all the Mayors and the
Chiefs. We did discuss some of these items. The Boise Chief and myself and if
there is any changes or anything that you would like made, we both agree that it
might be best to pass the resolution, maybe do amendments at a later date. But
none of the recommendations from Hamlin or Sasser are of a serious nature.
They are just technical items.
Bird: And they have been clarified with Counsel, because that's who underwrites
our liability insurance. And you're sticking their necks out on the line as well as
ours. That was the only thing I had.
Gordon: Correct.
Bentley: Mr. Mayor I would move that we authorize the Mayor to sign and the
City Clerk to attest the cross deputization agreement with the Boise City Police
Department and Garden City.
Corrie: Okay, we have a resolution that I'm going to read and then we'll put the
number to it as soon as we get the final. It's a resolution approving a
memorandum of agreement cross deputization between the Boise City Police,
Garden City Police Department, and the Meridian City Police Department
allowing officers of each jurisdiction to exercise peace officer authority in the
jurisdictions of the other to cross deputization (inaudible) of a memorandum of
agreement between the city of Boise, the city of Garden City, and the City of
Meridian and authorizing Mayor and the Chief of Police to execute the agreement
and providing for an effective date. Is there anybody from the audience who like
to have the resolution read in its entirety? Now, Mr. Bentley you may.
Rountree: Do you have a resolution number?
Corrie: No, we'll have to add that.
Bentley: Mr. Mayor I move we approve the resolution and authorize the Mayor to
sign and the clerk to attest for the cross deputization agreement.
Bird: Second.
Corrie: Any further discussion? All those in favor of the resolution say aye.
Bird: Just a second before we vote.
Bentley: Do we not have to include the Chief since he has to sign that also?
Meridian City Council
August4,1998
Page 25
Corrie: You can.
Bird: We should.
Bentley: I would amend the motion to reflect that.
Bird: I'll amend my second.
Corrie: Motion is made and second of the amendment. Any discussion? Roll
Call vote.
ROLL CALL: Rountree, aye. Bentley, yea. Bird. yea
MOTION CARRIED: All ayes.
Bentley: Mr. Ma.yor, I mmLe..vve take a five minute break.
Corrie: Let's be back about five minutes until nine and we'll take on item number
six, seven, thirteen and possibly eleven.
(FIVE MINUTE BREAK)
Corrie: Council. bo1ck to Of-der.
ITEM NO.6: PUBLIC HEARING: ANNEXATION AND ZONING OF 1.66 ACRES
BY KANT I PATEL -1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET:
Corrie: I hav~ opened the public hearing before. It's still open. So I think Rich
Allison - is Rich Mre. Okay,RielIwHtgfvethe presentation for Mr. Patel.
RICH ALLISON 1108 W. 4TH STREET WAS SWORN BY THE ASSISTANT CITY
ATTORNEY.
Allison: $ince--Rocky, his contractor, has not shown up, he has asked me to
represent him in his annexation and zoning request for 1.66 acres of which he
plans to construct a Holiday Express Motel. ThereJs"a~.esentation-GeeA
previously mao~ by him to the city council outlining the basics of the project
which is a sirpil8f' motel that vvas.-huili-OA-Vista StFeetImOWJl-aS.tne Holiday
Express Motel.
Corrie: Council, do you have some questions that you-waRHo-ask~Mr~lHson?
ROOAtree: J~ust have one comment. I think that the applicant mayor may not
have heard is that the city is in a situation with water in that particular area right
now with the amount of development that is anticipated. We would be needing to
work with this or other applicants in order to provide a well site. I would point that
Meridian City Council
August 4, 19~'
Page 26
out at this point that we would like the applicant and his representative that's got
the full knowledge of this to be here and talk about that possibllitybe-cause1:he
development out there is gomgto hinge upon being able to provide additional
water. Not only this but the other activities that are out there. I just point that out
as a general comment to council in their deliberation of this particular thing this
evening.,.
Allison: As a general comment I represent four additional owners of property in
that vicinity of which we currently have two properties under purchase money.
Having donated a half a well site myself in the past for the City of Meridian Ten
Mile Cherry Lane well, I generally understand that the requirement is a 60 x 60
parcel to construct a well. If it's still the same. 100 x 100. Maybe I offered 50 x
100 or something I don't know what it was that I gave. Half. At any rate I
understand that that will be something that will be needed. Certainly the hospital
is expanding. The hospital obviously has a great deal of property. They might
be a likely source for a well too. Since they have 34 acres. A lot of which is
going to be landscaped and utilized for parking. It would seem possible that part
of the landscape project that they are putting in might be an appropriate site. But
it's certainly something that this owner as well as the other owners in that vicinity.
I'll make them aware. I can advise them.
Corrie: So does St. Luke's know this as well and they are going to do that as
well. Further questions? Thank you Rich. Anyone else from the public that
would like to issue testimony on item number six, request for annexation and
zoning this area? Okay hearing none. Questions discussions Council?
Bentley: Mr. Mayor, questions for staff. Any input and thoughts on this proposed
project.
Smith: Mr. Mayor, Council, Councilman Bentley, I think that Councilman
Rountree outlined by concerns as far as water supply is concerned. We have
programmed in our budget for this coming year, the extension of water main lines
in Eagle Road, across the interstate, or under the interstate and west on
Overland Road to tie into what we have at Sesco which is the end of the line of
Overland. And that will help the water supply situation significantly. But
secondarily a source is required in that area of the interchange and I haven't
talked with our hydro-geologist consultant specifically about the location, but we
do know that a source is going to be required there, and this source for
commercial development has more of an impact on fire flow, fire fighting
requirements than it does on domestic water use.
Bentley: Okay, how about the sewer capacity?
Smith: A 12 inch diameter line has been extended Magic View to St. Luke's
hospital and should have plenty of capacity to serve the area of Sf. Luke's and to
Meridian City Council
August 4, 1998
Page 27
the east and the area around the Magic View Allen Street parcels including the
one that's before you right now.
Bentley: And the main trunk line has got the capacity?
Smith: Yes, sir.
Bentley: Okay, thank you.
Corrie: Any further questions? Discussion? I'll close the public hearing on item
number six on the request for annexation and zoning of 1.66 acres.
Bentley: If council has no other discussions, I would prepare to move for
attorney to prepare Findings of Fact and Conclusions of Law.
Corrie: You have facts before you. You want to accept those? Planning and
Zoning had done some Findings of Fact and Conclusions of Law.
Bentley: Mr. Mayor I would move the city council City of Meridian approve the
Findings of Fact and Conclusions of Law as hereby submitted by the Meridian
Planning and Zoning,
Bird: I'll second it.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird to accept the
approval of Findings of Fact and Conclusions of Law as prepared by the Meridian
Planning and Zoning Commission.
ROLL CALL VOTE: Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: I'll entertain a motion to have the attorney draw up the proper ordinance.
Rountree: Mr. Mayor I move to direct the city attorney to prepare an annexation
ordinance for this application.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird to have the
attorney draw up the appropriate request for annexation and zoning.
Rountree: Mr. Mayor I would amend my motion to include the ordinance be
delivered to the council for consideration on our next regularly scheduled meeting
August 18th.
Meridian City Council
August 4, 1998
Page 28
Bird: Second.
Corrie: Any further discussion? All those in favor of the amended motion, say
aye.
MOTION CARRIED: All ayes.
ITEM NO.7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR A THREE STORY MOTEL BY KANT I PATEL
RICH ALLISON WAS SWORN BY THE ASSISTANT CITY ATTORNEY.
Allison: He's request a three story motel on this site and a conditional use permit
to accompany it. Do you have questions?
Prior: You can just ask too if you'd like your prior testimony incorporated. That
can be done.
Allison: Would you like my prior testimony incorporated?
Corrie: It's up to you.
Allison: Thank you. We certainly appreciate your patience by the way
gentlemen.
Corrie: Any questions of Mr. Allison? Anyone else from the public who would
like to issue testimony on item number seven request for conditional use permit.
Council discussion? Questions?
Rountree: Mr. Mayor by way of discussion any action on this particular item
obviously has to be deferred until the annexation is done, but I would like it to
include some direction to the applicant to provide the presentation at our next
meeting before we consider the conditional use permit.
Smith: Mr. Mayor and Council, I would like to reiterate site specific comment
items number 2,3 and 4 dealing with water service to this site. Thank you.
Prior: Mr. Mayor if I may. Councilman Rountree if it's your desire to have a
presentation, it's going to be necessary that this public hearing be continued.
Rountree: That's possible. Mr. Mayor I move to remove item number seven from
the table and that the public hearing on the conditional use permit for the three
story motel be continued until our next regularly scheduled meeting August 18th.
Bentley: Second.
Meridian City Council
August 4, 1998
Page 29
Corrie: Motion made by Mr. Rountree and second by Mr. Bentley to remove item
number seven from the table and to extend the public hearing until August 18th.
Any further discussion on that? All in favor of the motion say aye?
MOTION CARRIED: All ayes.
Bird: I believe the people are here from item eleven too.
Corrie: I have to have Council to approve to back from off. They tabled that to
August 18th, so I need to have the okay from Council.
Bentley: I would move that we remove from table item number 11 request for
final plat for Thunder Creek.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird to remove item
number 11 from table and request that we hear the final plat request for Thunder
Creek Subdivision by Meridian Land Development LLC.
Corrie: Motion is made and second. All those in favor of that motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 11: REQUEST FOR FINAL PLAT FOR THUNDER CREEK
SUBDIVISION BY MERIDIAN LAND DEVELOPMENT LLC - NORTH OF PINE
AND EAST OF TEN MILE:
Corrie: Now, Mr. Eddy.
Eddy: I had three belief systems coming in here today. One being death, one
being taxes, and the third being city council able to go through ten items in an
hour. So I apologize for being late and I appreciate the opportunity to present
this project to you. Staff should have received our comments today concerning
responses to their general comments and site specific comments. We are in
agreement with all the conditions. The project is unchanged from the preliminary
plat that was presented before you several months ago, and I'll entertain any
questions that you might have.
Corrie: Staff. Gary, do you have any comments?
Smith: Mr. Mayor and council members, I don't believe I have any comments on
the project. We did receive their comments concerning our comments and I don't
see a problem with their response.
Corrie: Shari?
Meridian City Council
August 4, 1998
Page 30
Stiles: Mr. Mayor and Council, I have no problems with the project.
Corrie: Council, hearing those comments-
Rountree: Mr. Mayor I move that we approve the final plat for Thunder Creek
Subdivision by Meridian Land Development LLC subject to the conditions of staff.
Bird: Second.
Corrie: Motion by Mr. Rountree and second by Mr. Bird that we accept the final
plat of Thunder Creek Subdivision by Meridian Land Development LLC subject to
conditions from staff. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: REQUEST FOR BEER, WINE AND LIQUOR LICENSES FOR
WESLEY AND BARBAR RHOADES /127 CLUB BY BRIAN DONESLEY
ATTORNEY AT LAW.
Corrie: Mr. Donesley?
Donesley: Thank you Mr. Mayor and Council. To prove I came for the duration I
brought the only book when I was on my way out, and it's a biography of
Napoleon Bonaparte. I figured to spend a few hours tonight indulging myself.
Thank you for a few moments. This liquor license application is in the same form
that one that the council approved two weeks ago. It involves different parties
with respect to the licensee. The same party with respect to Mr. Alidjani and the
127 Club. You may recall that the Frontier Club license on behalf of David and
Eric Sandquist was before you. This is precisely the same arrangement. The
background on this is that Barbara and Wesley Rhoades who live in McCall have
been on that waiting list and have now been authorized by the state and the
county for issuance of a liquor license hence this visit before the council. This is
proposed to go into the 127 Club. The 127 Club will be inactive for some period
of time, at least six months after which time, well this license will transfer to a
restaurant yet to be built in and about Meridian. This is an Applebee's Family
Bar and Grill. You may be familiar with them. They just opened by the mall in
Boise. They have stores now in Idaho Falls, Pocatello, Twin Falls and they are
about to buy one in Coeurd'Alene. As a matter of fact, there will be 23
purchased in the northwest by the folks who are behind this. RCI Idaho LLC, this
organization owns over 200 of these restaurants. They are a franchise and they
are very successful, and responsible citizens in these communities that they go
into. Basically we have an arrangement with Mr. Alidjani whereby we have
leased from his the 127 Club on behalf of Wes and Barbara Rhoades.
Applebee's will lease the Applebee's Restaurant once built and after a period of
Meridian City Council
August 4, 1998
Page 31
two years, the license will sell to Applebee's and so that's the arrangement
ultimately. Because of the state laws requiring immediate use of a license and
that it be used continuously for six months without interruption, we have
developed this format, and it's something that has been done throughout Idaho
and it's really pretty much a typical arrangement for these new licenses because
as a practical matter, somebody's been on the waiting list for 20 years doesn't
have a restaurant to put one of these things into right of way, and by the same
token people who are in that business haven't been on the list for 20 years. I
would propose this license to you and ask for your blessing and for the issuance
of that city license so that we can go ahead and make this work, (End of Tape)
Bentley: Did you say you were going to build one here in Meridian?
Donesley: Yes, sir that is my understanding. I believe that understanding I
believe that the land deal if it hasn't been done is close to being done. I'm not
part of that transaction. I've been given the go ahead on this purchase.
Bentley: I have a question for the chief. Chief, your thoughts on this?
Gordon: Mr. Mayor, councilman Bentley, I don't have any problems with the
issuance of this license for the 127 club.
Bentley: Thank you.
Corrie: Hearing no questions, I'll entertain a motion from council.
Bentley: Mr. Mayor, I would move that we approve the application for the beer,
wine and liquor license for Wesley and Barbara Rhoades.
Rountree: Second.
Corrie: Motion made by Mr. Bentley and seconded by Mr. Rountree to accept
the request of beer, wine and liquor license by Wesley and Barbara Rhoades.
Any further discussion? Okay, none. All those in favor of the motion?
MOTION CARRIED: All ayes.
Corrie: Request granted.
ITEM #15: DISCUSSION AND RECOMMENDATION TO THE ADA COUNTY P
& Z COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON
PROPERTYNIENNA WOODS SUBDIVISION BY SKYLINE CORPORATION.
Corrie: I believe you gentlemen are here for that one, so would your
representative like to come up and talk with the council. This is a discussion
(Inaudible).
Meridian City Council
August 4, 1998
Page 32
Tucker Johnson: I am Tucker Johnson with Skyline development. Address is
10464 Garberdale (sic) Court. I appreciate the opportunity to discuss this with
you tonight. I apologize for also miscalculating the time. I think you are well
aware of the location of this particular project and some of the issues that
accompany with it. It is an Ada County project but within your newly expanded
area of impact. We have been working with your staff, as well as the county staff
relative to design criteria and issues that are associated there with to try to find a
project that would be agreeable to the city, the county and those in the
neighboring area. I do have a-I assume one, that you received our cover letter
that kind of briefly outlines the project and two, the plat as we have recently and
slightly revised it-to, in alignment with the Meridian City standards for
subdivision ordinance, relative to lot size, frontage, and so forth. Be glad to, if
you would like, since this is kind of a-if I understand correctly, kind of an open
dialog. I would be glad to entertain and answer any questions that you may
have. Or, I would be glad to give a brief overview of our proposal, if you would
like. Mr. Mayor?
Corrie: Council, do you have any questions up here tonight?
Rountree: I have no questions, but a brief overview would be in order.
Tucker Johnson: I apologize this isn't double sided so the audience can't see but
several have seen it before. The project itself consists of 80 acres, Locust Grove
being here, the Meridian area of impact line being at the rear of the project which
also happens to be the Boise area of impact line. I believe that actually the Boise
city limits at this time. I believe that it has been expanded and approved to that
area. A brief overview of the surrounding area. The existing subdivision of
Bristol Heights here that has been-is under construction and well into it's
second half of project of a 160 acres roughly. To this southeast corridor of that
mile section, there is an 80 acre project that has been approved here by Boise
City, which is called Austin Sub, which consists of 6,000 square foot lots. I'm not
sure of the exact density overall, but it should be, I think it's in the neighborhood
of 4-4.5 units per acre. On this 80 acre parcel, which we immediately abut and
which because of their previously approved plat we've designed the project to
stub in to where their streets were stubbed as well. Immediately east of that, is
the new Boise 40 acres regional sports park. I think you are all aware of that.
That's under construction over the course of years will be developed further. To
the south is generally farm ground, a 40 acre tract with one home on it, few
homes along this southwest corridor of this section. Generally five acre lots, I
believe the arial map might show that. To the north is an existing subdivision,
which is technically, I think it's like an 80 acre parcel done with a subdivision
which was developed in the county about seven years ago under a non-farm
portion of the ordinance which allowed them to cluster the density into some
smaller lots and do one acre lots. As long as some open space was retained in a
deed restricted fashion for up to 15 years. So, generally speaking, it's the back
Meridian City Council
August 4, 1998
Page 33
portion here, which we have proposed a stub street into that. That is the majority
of the open space that's deed restricted in that particular subdivision. The
developer did a little creativity in that particular project, where each lot that they
sold, they packaged two together, more or less. A buildable lot immediately
adjacent to the street and a none buildable open space deed restricted lot to the
rear. So they were able to-actually sold a fair chunk of that property. To the
immediate north of this place, there happens to be two five acre tracks with a
home on each. Then to the west to conclude the overview, recently constructed
LDS church facility here and ball diamonds, which have been there for some time
apparently and then a subdivision to the west, further west the Larkwood
subdivision, which shows up on the plat here as Larkwood, which happens to be
a roughly 20-30 acre open space parcel for that subdivision as well because it
also is a non-farm plat, developed in the county. The overall concept that we've
approached, tried to achieve here is a varied desirable neighborhood, the quality
subdivision. We've been involved in the development here in the valley as many
of you may be aware for about 30-31 years now. We like to do a quality job
we're the developers of the Hickories complex, (inaudible) over the years and
would like to carry that forth into this project. In terms of the aesthetic appeal,
landscaping, high quality of homes that we will require by covenants in there. Let
me direct you to four basic things quickly. The open space and then the differing
lot sizes and anticipated different types of homes. You can kind of see here in
the green then the Central Park facility which is centrally located. Originally we
were requesting of the county that we be allowed to reduce some lot sizes
particularly along the south here and on the east. Reduce the lot sizes to less
than the R-4 standard which is 8,000 square feet, with a 70 foot frontage, or
maybe it's a 60 foot frontage. We were requesting that and there's a trade off in
the county ordinance that requires us to do so that we have a one for one
transfer into open space. Be that landscape buffering, pedestrian pathways or
park way system. We met that requirement in the original layout, which happens
to be one behind here. But in meeting with your staff and others we decided that
we would redesign the plat to the lots here along the south southern edge and
along the easterly edge would be 8,000 square foot minimum with 80 foot
frontages required by the Meridian Subdivision Ordinance. Our challenge is the
geographic area that we have to work with. 6,000 square foot lots already
approved in this location and larger one acre lots and plus acreages besides that
and five acres here and five acres here. With trying to mesh those two has been
an interesting challenge and one of the reasons why we had originally thought
towards the back end especially you'd like some smaller lots. But as I've said,
we've modified this area which is basically kind of a light orange cream color
here on this particular drawing to be 8,000 square feet minimum, 80 foot
frontage. To the north of the central boulevard and the central park area would
be larger lots. Lots in the salmon pink color are lots that are generally 12 to
14,000 square feet in size. That would be much in line with what the project that
we did in Hickories which is immediately behind Hewlett Packard. The larger
homes that would lend itself well in terms of a blend with the southern portion of
the subdivision. Then the blue area we've expanded even larger in recognition of
Meridian City Council
August 4, 1998
Page 34
what immediate neighbors to the north especially Dunn Woody and five acre
tracts here, and per request of the land owner here, that these lots be a little
larger here. Again they are in the 12 to 14 range. Here they range anywhere
from 14 up to a half acre in size. About just shy of 22,000 square feet here
immediately adjacent to the Dunn Woody Subdivision. The cul-de-sac for that
subdivision happens to be right about where the words appear and a couple of
homes in here and the homes are dotted around that direction. We anticipate
that - we designed the park area to be a storm retention area in working with
some of the - actually there was a recently held best water and wastewater and
open space seminar held relative to how to accommodate all those aspects into
one project. So the park area will function for mostly the east half of the project
will function as a park area and during larger events, a storm water retention area
for a short duration of time. It would be a depressed park owned and maintained
by the homeowners association large enough for some youth activities be that
soccer or baseball or whatever they so choose to do. We have incorporated into
the plan several different pathway structures that was as a change or a variance
from what we originally had drawn. This particular pathway connects to an
approved park here. It's a neighborhood park in this particular Austin
Subdivision. There's another three acre park here in that same subdivision. This
one is also about three and a half acres roughly. I've spoken with that particular
developer. They welcomed the connectivity of the children being able to play
together as well as the connectivity of the project itself for circulation to try to de-
emphasize the vehicles, try to encourage pedestrian, bicycle use throughout the
project. Tried to incorporate that as well as the overall traffic design
requirements were that we not align with the church entrances here so we moved
the entrance further south a major boulevard with landscaping, berm on both
sides. Similar as you would see in the Hickories in many places throughout
Meridian, through Bristol Heights, through Hubble Creek and other subdivision
that have been well developed. Then we've designed it so the interconnectivity
of the streets are that there's basically two routes to every home within the
subdivision as well as the future connectivity into parcels that are yet
undeveloped. Here about five locations. The sewer will drain all in this direction
here. A lift station would pick the affluent up at this point and it would be
pressurized to the manhole in Locust Grove Road. Mr. Smith could help me
clarify exactly but it's roughly a little over a quarter mile north of Ustick Road if I'm
correct, and that would discharge into that location and be handled in the south
slough I believe for a temporary time until such time as the master sewer the
main gravity flow line that is leaving the sewer plant or has left I'm not sure going
up Black Cat and then down basically between Macmillan and Chinden. That will
service - that would eventually tie into this location as well. Perhaps I may have
missed something, but maybe that's a little more detailed than you would like.
But I'd be glad to answer any questions that you may have on any point there.
Meridian City Council
August4,1998
Page 35
Bentley: Since you weren't here earlier in the evening, we did approve to start
developing additional sewer and master planning for this area. We're going to be
doing that and preparing with that. What's your timetable?
Johnson: Well we would anticipate that if approvals are received throughout the
county and so forth that we would start with the first phase obviously along
Locust Grove and work this direction and we'd like to start construction as soon
as possible. We believe that the market conditions are right. Just down Locust
Grove you've got your wonderful new commercial complex there of Fred Meyer
and so forth. The proximity to the Eagle corridor recently reconstructed Chinden
the employment center around Hewlett Packard, the research center so we'd like
commence construction upon approvals of the project.
Bentley: I have a question for Gary. Gary with Sf. Luke's change of timetable,
how does this affect their ability for pumping temporarily into the south slough.
Smith: Weill think the analysis that we did for the property just north of Ustick
Road on the west side of Meridian Road which is owned by Hunemiller I believe
around it's about a hundred acres that's an L-shaped property around the
regional park site that the city owns showed that the development that's
proposed to take place at the interchange area on the Five Mile trunk gives us
about three years of capacity in that trunk before it's full before we reach capacity
in certain lengths of that Five Mile trunk and we have to go to parallel trunk line
and it was on that basis that I recommended to the Mayor that we not pursue
pumping Hunemiller's property into the south slough which discharges in the Five
Mile trunk.
Bentley: Thank you. That's alii had.
Bird: Does staff have any questions?
Corrie: Pretty much tells us what we've got to expect in the south slough.
Bird: It tells us we better get the north ones going.
Corrie: Anybody else have any questions for discussion purposes?
Rountree: I guess just a point of clarification. This really isn't the action on the
part of the city would be is in fact this development - one is consistent with the R~
4 requirements, and two can we sewer it? And/or provide water, and I just want
to make sure that's our action or needed action. The actual approval ofthis
development as far as a subdivision goes lies at this point with Ada County.
Corrie: With our recommendation. I think one of the biggest factors is based on
this Tucker would be whether we can take the capacity of that subdivision, put it
in the south slough and still function with all the other commitments we have.
Meridian City Council
August 4, 1998
Page 36
That's going to have to be looked at by our staff and they are going to have to
give us a pretty good run down on what we have now, and what we're looking at.
Of course your whole subdivision is not going to happen over night. I realize
that, but we also have to consider what the capacity of that trunk line is, so I think
with that statement I think we need to have staff has looked at it already some of
it, and you've kind of got an inkling of what is coming down the pike here. I was
in the area of impact. I understood that there wasn't going to be any subdivisions
out there for quite some time and then we got this one came up so I have a
concern about the sewer capacity now and also the other people out there that
have property. What we going to do with that if we do this one.
Johnson: Mr. Mayor I empathize with the position with which you are in. That's
part of the reason why we are obviously here tonight is because we recognize
that there are many issues, one of which is the sewer capacity. I do recall the
discussions from roughly a year ago when the area of impact was being
discussed with the county and the idea that this parcel could be sewered and so
we want to be able to present this as early as possible. It's taken obviously some
effort and some time to get to this point. And obviously we've done what we feel
to be at least reasonable in terms of matching up the two different zoning
ordinances that were required in this particular location. The density and the
correct and zoning and so forth. We feel that we have a really good handle on
that. And we appreciate your time this evening.
Corrie: Anything on this particular discussion?
Rountree: I don't have anything at this point in time.
Tucker Johnson: The county will be holding a public hearing as you are well
aware and that will be next week and so we would greatly appreciate a kindly
response from yourselves or through staff relative to comments, your
recommendations for the project to the county. They are I believe anxious or
they would like to hear comments from you. It has been tabled once before
because they didn't quite receive the comments that they were looking for from
you and ACHD. I fully expect to receive comments and I appreciate that. The
county may choose to act if they didn't have comments. It's just one thing I
wanted to point out, and I think you would certainly do yourselves justice to offer
your comments.
Corrie: There will be a comment from us.
Tucker Johnson: If I may my father and boss, chief in charge, Mr. Johnson
would like to also make a comment.
Ted Johnson: Thank you Mr. Mayor and members of the council. Ted Johnson
with Skyline Development, 5330 Farrel Street, Boise. This business of having
ground in no man's land is no fun kind ofthing. I've been working out there as
Meridian City Council
August 4, 1998
Page 37
some of you know for about four years to try and help get this thing settled one
way or the other and it appeared about a year ago when we talked and when the
issue came up as to whether or not we'd be serviced best by Boise or by
Meridian. The issue was very clearly defined and we didn't really care which
jurisdiction we went into as long as got into a jurisdiction where we could get
sewer. That was really the issue for the Peterson property. And on the basis
that Meridian could sewer us accepted the Peterson's letter to that affect, that we
move forward with this thing as quickly so we could show our intent and to
remove any argument with the county as to where the area of impact line should
be. We were objecting up to that point because we didn't think Meridian could
sewer us within a ten year period required by the county ordinance. Now when
the city comes back and says we can, fine, that's great. We take that at face
value and we know that's a tough decision to make. We don't know how it's
going to be made, but we recognize that that is an issue that was dealt with as
you will recall Mr. Mayor about a year ago, maybe eight months ago. It makes
the issue quite a sticky one. But we're here to propose this project in good faith
based on what was said in the letter and what was said in those meetings and
what we had did by way of removing our restrictions or our objection to having
the area of impact line include the Peterson property in the Meridian side and not
on the Boise side. So from our point of view, we've worked at this a awful long
time. It's a no fun situation to be in no man's land, but we've agreed to come into
Meridian conditioned on sewering, and we hope that you can find a way to make
that happen as we talked about a year ago. Thank you.
Corrie: I don't think that there is any doubt that we can do it in a ten year period.
It's just that we got to look at all the facts here, see how soon we are going to be
able to do it with the obligations that we have now.
Bird: You had a letter Mr. Johnson from the city stating that this would be
sewerable?
Johnson: Yes. I don't have it. Peterson has it.
Bird: When was this sent out?
Johnson: Well the discussions and I was in all the discussions. There was a
discussion in the county commissioner's chambers when they questioned the
timing was asked, Commissioner Wayne Peterson said, "well within five years."
They wanted to go forward and then we chatted and he changed that, and said
we'd like to go ahead right away because we were working on plans at that time.
Prior: When was the date of this meeting, sir?
Bird: Do you have any idea Mr. Johnson when the meeting - was it a year ago?
18 months ago?
Meridian City Council
August 4, 1998
Page 38
Johnson: It was the last county commissioner's meeting before the declsion was
made - I can't give you exact date on it, but it was probably - maybe some of my
helpers can. Yeah he keeps a book and keeps track of the notes.
Tucker Johnson: The meetings were held multiple times from roughly January of
'98 through roughly August of '98. The letter that the city wrote to the county
touching on several different points relative to the expansion of the area of
impact was written on -
Bird: '98 or '97?
Tucker Johnson: '97, sorry.
Bird: Because I was going to say I don't think it's been done since I've been on
the councll.
Tucker Johnson: So that was '97. Excuse me. That was roughly January
through August, and then the city wrote the letter on September 24th.
Bird: You got a letter right there? September 24th of '97?
Prior: My understanding if I'm reading this letter correctly is that we are confident
that this letter may serve as our technical insurance that urban services will be
provided within ten years so Mayor Corrie is consistent in what he said earlier in
that within then ten year period, the urban services will be provided to this
particular property. That's my understanding if I'm reading the Mayor's letter
correctly. So the ten years starts as of when? Seeing that I wasn't a party to this
Mr. Mayor.
Corrie: I would imagine the time we got the area of impact.
Prior: Which was what?
Corrie: We didn't get the area of impact until'97.
Rountree: We can debate this long and hard this evening. I don't know that we
need to - what we need to do is clarify the record.
Tucker Johnsort I was not always directly involved with those meetings. Mr.
Wayne Peterson who is here and who may speak to that as well as Marvin. The
issue was I understand it's a sticky point. It's not pleasant maybe for anybody.
But the understanding during the whole process was that it would move forward,
not necessarily be nine years and eleven months and five days down the road.
Prior: Mr. Johnson made reference to someone who said five years. He said
five years and that was the discussion the folks had that it would be
Meridian City Council
August4, 1998
Page 39
approximately five years. Within five years, so five years is what they were
talking about and then you made mention that the -
(Inaudible - off the microphone)
Prior: Well when you say it was discussed again, who are you saying it was
discussed with?
(Inaudible - off the microphone)
Prior: Oh okay and he said within five years. With the county commissioners,
and you're saying that the applicant said as soon as he could do it, is that right?
Yeah, so it's not the city that said as soon as they could do it, it's the applicant
said it was.
(Inaudible - off the microphone)
Prior: In the mind of the applicant. Just for a clarification so the city never
committed to any time frame as to except what's set forth in the area of impact
and what we're required to do which is within the ten year period.
(Inaudible - off the microphone)
Prior: Well you can if you like.
Corrie: Let's - we've got a discussion going - before we start debating back and
forth and we don't know what's going on until we get those minutes, I'm going to
ask that we just hold the discussion at this point until we get some minutes from
the - so we know where we are really and we can do this all night back and forth
and get no where.
Johnson: May I suggest the letter be written to the county the recommendation
regardless of this point. The serviceability of the sewer we can research later,
but the county commissioners I'm sure would like to hear relative to lot layout, lot
size appropriate density and sewer.
Corrie: The Planning and Zoning Commission or the Ada County
Commissioners?
Johnson: The P & Z body I'm sure would love to hear comments from you.
Rountree: So it's been tabled by P & z.
Johnson: It has been and they would be reopened a week from this Thursday.
Meridian City Council
August 4, 1998
Page 40
Corrie: Okay, we'll get the - that will give us enough time to see what's going on
and where we are. And I think the county commissioners has pretty well
discussed this one already, but we'll get the information to Planning and Zoning.
Johnson: Get the cobwebs from a year ago worked out.
Corrie: I believe we got the announcement to us on the fire. Kenny did you have
the vote on the rural bond that they were voting tonight?
Bowers: Yes, Mayor, they did. It will not be official until tomorrow. They have to
recount it, but it does sound like it passed by two votes.
Corrie: You can guarantee there will be recount.
Rountree: What was the turn out?
Bowers: They didn't say, but I know there was 500.
Corrie: I believe that's all the things that we deferred on the agenda. So hearing
that I will entertain a motion for adjournment.
Bird: I'll make a motion we adjourn.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley that we adjourn. All
in favor say aye.
MOTION CARRIED: All ayes.
MEETING ADJOURNED AT 9:50 P.M.
(T SON FILE) \\\,tlUnllll,,/
APE OF THESE PROCEEDING "....~~ of Mf~,Z'I~,,~
':>c}' ~~tA ~
" """""".,..~ "'
gJ:: 'r.rP;,.,-......~'t~ v ~~
... ~ ~
- #
~ ~~
~ SEAL :
~. j?,~ -E?'"
... . ~- ~
~.." 'h... "'"... "='
~ 'Q .,-~.,. 1S"\ . .;t:Y $'
~ ~ If">. 'fJ't ,,~
ATTEST' 'l~~~O~~Ti. ~~~
. 'I, \\\
,k0~)~ ,~
WILLIAM G. BERG, JR., Cf C ERK
ITEM NUMBER: 18
REQUEST: DEPARTMENT REPORTS - SHARI STILES - WEED. TRASH. DEBRIS REMOVAL
AGREEMENT
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
SEE ATTACHED AGREEMENT
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
fWr(~
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.
CONTRACT AGREEMENT
Project: CODE ENFORCEMENT BID 98-1; Weed, Trash, and Debris Removal
Contract Agreement
Contractor: Rocky Mountain Tractor & Dump Truck Services
City: City of Meridian, Ada County, Idaho, a municipal corporation
WITNESSETH, that the parties hereto for the consideration herein named, do mutually
agree as follows:
THE WORK:
The Contractor shall perform all the work required by the Contract Documents for:
Meridian City Code Enforcement Division, the City of Meridian, a Service Contract.
The contractor shall perform the work described herein for the consideration stipulated,
and in compliance with State and City Codes. The specifications and bid requirements,
etc., all of which are made a part hereof and designated as follows shall apply:
CODE ENFORCEMENT BID 98-1 Bid Proposal, Contract Agreement, Specifications,
Insurance Certificates
Amount of Contract: In an estimated annual amount not to exceed $10.000.
The City shall pay the Contractor in current funds for the performance ofthe work as
provided in the Contract Documents.
The Contract Sum will be determined as follows:
For labor actually performed at the site, compensation will be as follows:
Hourly Rates for Labor (Refer to Scope of Work for definition of rates.)
Laborer:
Regular Rate $35.00 per hour
Actual rate per incident shall be detennined by Work Order.
3. Term of Contract: The work to be performed under this contract shall commence on
August 1. 1998, and shall tenninate on December 3 L 1998, unless sooner tenninated as
herein provided.
4. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt requested,
addressed as follows:
City of Meridian
Planning & Zoning Department
Code Enforcement
200 E. Carlton, Suite #201
Meridian, Idaho 83642
Rocky Mountain Tractor
& Dump Truck Services
2107 2nd St. SO. Extension
Nampa, Idaho 83686
Either party may change their address for the pmpose of this paragraph by giving written
notice of such change to the other in the manner herein provided.
5. Indemnification and Insurance: The successful contractor shall indemnify and save
and hold harmless the CITY from and for any and all losses, claims, actions, judgments
for damages, or injury to persons or property and losses and expenses caused or incurred
by the contractor, its servants, agents, employees, guests, and business invitees, and not
caused by or arising out of the tortious conduct of CITY or its employees. In addition,
the contractor shall maintain, and specifically agrees that it will maintain, throughout the
term of this Agreement, liability insurance, in which the CITY shall be named an
additional insured in the minimum amount as specified in the Idaho Tort Claims Act set
forth in Title 6, Chapter 9 ofthe Idaho Code (currently, a minimum of $500,000). The
limits of insurance shall not be deemed a limitation of the covenants to indemnify and
save and hold harmless CITY; and if CITY becomes liable for an amount in excess ofthe
insurance limits, herein provided, the contractor covenants and agrees to indemnify and
save an hold harmless CITY from and for all such losses, claims, actions, or judgments
for damages or liability to persons or property. The contractor shall provide CITY with a
Certificate ofInsurance, or other proof of insurance evidencing compliance with the
requirements of this paragraph and file such proof of insurance with the City Code
Enforcement Division. In the event the insurance minimums are changed, shall
immediately submit proof of compliance with the changed limits.
Additionally, the contractor shall have and maintain during the life of this contract,
statutory Workers Compensation, regardless of the number of employees, or lack thereof,
to be engaged in work on the project under this agreement (including himself). In case
any such work is sublet, the contractor shall require that subcontractor to provide
Workers Compensation Insurance for himself and any/all the latter's employees to be
engaged in such work. Proof of insurance must be provided to the City prior to the start
of work.
Additionally, the contractor shall have and maintain during the life of this contract,
statutory Automobile Liability Insurance, in minimum amounts as required by the State
ofIdaho.
Proof of-insurance shall be provided to Meridian City Code Enforcement, prior to
contract execution.
6. Independent Contractor: In all matters pertaining to this procurement, the contractor
shall be acting as an independent contractor, and neither the contractor nor any officer,
2
employee or agent of the contractor will be deemed an employee of City. The selection
and designation of the personnel ofthe City in the performance of this agreement shall be
made by the City.
7. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorneys fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the partied and shall survive any default, termination or forfeiture ofthis
Agreement.
8. Assignment: It is expressly agreed and understood by the partied hereto, that the
contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights
under this agreement except upon the prior express 'Written consent of City.
9. Discrimination Prohibited: In performing the Services required herein, the contractor
shall not discriminate against any person on the basis ofrace, color, religion, sex, national
origin or ancestry, age or physical handicap.
10. Compliance with Laws: In performing the scope of services required hereunder, the
contractor shall comply with all applicable laws, ordinances, and codes of Federal, State,
and local governments. This includes the proper handling of waste or materials that are
hazardous or controlled by said laws or regulations.
11. Changes: The City may, from time to time, request changes in the Scope of Work to
be preformed hereunder. Such changes, including the scope of required services, and any
increase or decrease in the contractors1 compensation, which are mutually agreed upon by
and between the City and the contractor, shall be incorporated in written amendments to
this Agreement.
12. Termination for Cause: If, through any cause, the contractor shall fail to fulfill in a
timely and proper manner its obligations under this Agreement, or if the contractor shall
violate any of the covenants, agreements, or stipulations of this Agreement, the City shall
thereupon have the right to terminate this Agreement by giving written notice to the
contractor of such termination and specifying the effective date thereof at least fifteen
(15) days before the effective date of such termination. If this agreement is terminated
for cause the contractor shall be entitled to receive just and equitable compensation for
any work satisfactorily complete hereunder.
Notwithstanding the above, the contractor shall not be relieved ofliability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the
contracter, and The City may withhold any payments to the contractor for the purposes of
set-off until such time as the exact amount of damages due the City from the contractor is
determined. This provision shall survive the termination of this agreement and shall not
relieve the contractor of its liability to the City for damages, provided that the amount of
3
such damages shall not exceed the total compensation provided for in section two oftrus
agreement.
13. Non-Appropriation: Should funding become not available, due to lack of
appropriation, the City may terminate this agreement upon 30 (thirty) days notice.
14. Contractor to Payor Secure Taxes: The contractor in consideration of securing the
business of providing service for Meridian City: 1) To pay promptly when all taxes due
(other than on real property), excises and license fees due the state, its subdivisions, and
municipal and quasi-municipal corporations therein, accrued or accruing in accordance
with conditions ofthis Agreement, whether or not the same shall be payable at the end of
such term; 2) That if said taxes, excises and license fees are not payable at the end of said
term, but liability fo rthe payment thereof exists, even though the same constitute liens
upon the Contractor's property, to secure the same to the satisfaction of the respective
officers charged with the collection thereof; and that; 3) That, in the event of default in
the payment or securing of such taxes, excises, and license fees, that Meridian City may
withhold from any payment due the contractor hereunder the estimated amount of such
accrued taxes, excises and license fees for the benefit of all taxing units to which said
Contractor is liable.
15. Payment: Based upon Applications for Payment submitted to the user Department
by the Contractor, such Departments shall make payments on account of the Contract
Sum as provided in the Contract Documents.
16. Renewal: This is renewable, for a period equal to the original term, upon mutual
agreement by both parties.
17. Entire Agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
18. Applicable Law: This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State ofIdaho, and the laws, rules and regulations of
the City of Meridian.
19. ADA Compliance: Contractor agrees to comply with the provisions of the
Americans With Disabilities Act of 1990 (ADA) in providing the services herein
described to the City. Contractor further agrees to be responsible for the costs of
reasonable accommodation incurred by the City due to Contractors failure to comply with
the ADA.
20. Approval Required: This agreement shall not become effective or binding until
approved by the City of Meridian.
4
IN WITNESS WHEREOF, the City and the contractor have executed this
Agreement as of the date first above written.
CITY OF MERIDIAN
Approved By:
COMPANY: 'R ~c..~ y fY) OLLl\.-t p,.'In. T Vvt.\c.lc
~~ B~~
Code E orcement Officer
APPROVED AS TO FORM AND CONTENT
Department
Code Enforcement
$
Contract Amount:
",5
Interoffice
erno
RECEIVED
JUi ~ 0 1998
CITY OF MERIDIAN
Date: July 29, 1998
To: Will Berg, Jr.
Cc: file
From: GARY D. SMITH, PE
RE: Below
Will: Here are several items that 1 need your help in processing:
1. Change Order NO,1 - Aeration & Pumping Facility @ Wastewater Treatment Plant. Please have
the Mayor sign and you attest the enclosed two copies of the change order and return them to me.
It was approved by the City Council JUly 28, 1998
2. Engineering proposal to prepare mapping for our water and sewer system. Please place this item
on the next available City Council meeting for approval. A copy of the proposed agreement is
attached.
3. The draft "Scope of Services" I gave you last night for the "Sanitary Sewer Collection Planning
Study" will need to be finalized and attached to an engineering agreement before you distribute it to
the Mayor and Council. I will get that to you as soon as I can. I still want to get it before the
Council on August 4 as we discussed last night.
Thanks Will,
Gary
{\t::)P(U~
GDS
~
f'J.U.8 ),
~
[<~"'c:inecn Surveyon Plllnner"
J-tJ,B ENGINEERS, ..~~lC.
AGREEMENT FOR PROFESSIONAL SERVICES
GAL
J-U-B Project No.: 11455
THIS AGREEMENT entered into this 2nd day of June, 1998, between City of Meridian c/o Gary D. Smith, P.E. hereinafter referred to as the
"CLIENT' and J-U-B ENGINEERS, Jnc" an Idaho corporation ofBolse, Idaho, hereinafter referred to as "J-U-B".
WHEREAS, the CLIENT intends to
hereinafter referred to as the PROJECT;
set forth below.
of Meridian, Idaho,
ereln agree In respect as
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requrements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability. and any budgetary limitations; and furnish copies of all design and
construction standards which CLIENT will require to be included in the Drawings and Specifications.
The CLIENT will furnish to J-U-B, as required for performance of J-U-B's services, data prepared by or services of others, if available, InclUding, without
limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment;
appropriate professional interpretations of all of the foregoing; environmental assessment and Impact statements, surveys of record, property descriptions;
zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in
performing services under this Agreement.
The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for
J-U-B to perform services under this Agreement.
In addition, the CLIENT will furnish to J-U-B : city water record maps
SERVICES TO BE PERFORMED BY J-U-B
J-U-B will prepare city water maps in accordance with the attached scope of engineering services dated June 2,
1998.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said services as follows: In a timely manner.
BASIS OF FEE AND BILLING SCHEDULE
The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: A lump sum amounl
22 sections estimated, for a total fee of $44,000. J~U~B will proceed With only tnose sec'
client.
File Folder Title MERIDIAN, CITY OF - Water Map Updates
Remarks:
The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement.
THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF
THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CLIENT:
J-U-B:
CITY OF MERIDIAN
NAME
33 East Idaho Street
STREET
Meridian
CITY
250 South Beechwood, Suite 201
STREET
Boise, 10
CI STATE
ZIP CODE
ID
STATE
83642
ZIP CODE
TITLE
Project Manager
BY (Signature)
NAME
TITLE
DISTRIBUTION: White - J-U-B Corporate File
Yellow - J-U-B Office File
Pink. J-U-B Project File
GoldenRod - CLIENT File
BY (Signature)
NAME
TITLE
J-U-B -0 I
d.)
~ Wpl~
J II:::: 300'
e.)
b C<lpl~
J ";: :>001
f.)
g.)
June 2, 1998 - Meridian Wateq Scope
JUB Project No. 11455
City of Meridian Water Map Updates
Scope of En~ineering Services
j-U-B Engineers will prepare electronically drafted water maps for the City of
Meridian. The following criteria will be used in preparing these maps:
a. )
The maps will be prepared at a scale of 1 H :::: 300 feet. This is the scale
of the current City Water Maps. In addition, this scale is of convenient
size for book preparation in an 11" x 17" format.
b.)
j-U-B will use the Ada County GIS maps as a basis of mapping. By using
this basis, the City will be able to conveniently update all maps in the
future.
c.)
All drafting will be prepared using AutoCAD Version 14. This electronic
drawing can be used as a basis for a City Water GIS (Geographic
Information System) in the future.
We will prepare a 29" x 24" base map for each section (1-mile square)
within the Meridian service area. We have estimated that 22 maps will
be required at this time to show all of the existing City water lines.
These maps will be laminated in 1.7 mil laminate with hard plastic
covers using post-binding techniques.
We will also prepare an 11" x 17" booklet showing the water system.
Each sheet will cover about '!I.l of a section. We have estimated that 88,
11" x 17" sheets would be prepared for the same 22 sections. These
maps will be laminated in 1.7 mil laminate with hard plastic covers using
wire spiral binding.
It is assumed that the City staff will provide j-U-B with all water system
record information for drafting. We would envision that the City
provides this information on a section by section basis.
After each section is drafted by J-U-B, the completed map will be
delivered to the City Staff for review. The City should then make any
comments, changes or modifications to the map for final corrections.
These changes or modifications will be made by j-U-B without additional
cost to the City. Any subsequent changes or revisions will be completed
by J-U-B on a Time and Materials Basis.
'( III"V'g ..II
- ---
'Sn~inecn S'I-Ir-vcYUN- JllnnnL:rK
.J ""'U""'O C I~ U II~ C Co r\..i:), l.r1 G..
AGREIL ENT FOR PROFESSIONAL S8 flCES
GAL
J.U.B Project No.: 11469
THIS AGREEMENT entered into this 23rd day of July, 1998, between City of Meridian c/o Gary D. Smith, P.E. hereinafter referred to as the
"CLIENT' and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereinafter referred to as "J-U-B".
of Meridian, Idaho,
erem agree In respect as
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which CLIENT will require to be included in the Drawings and Specifications.
The CLIENT will furnish to J-U-B, as required for performance of J-U-B's services, daB prepared by or services of others, if available, including, without
limitation, borings, probings and subsurface explorations, hydrographic surveys. laboratory tests and inspections of samples, materials and equipment;
appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions;
zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in
performing services under this Agreement.
The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for
J.U.B to perform services under this Agreement.
In addition, the CLIENT will furnish to J.U-B : city sewer record maps
SERVICES TO BE PERFORMED BY J-U-B
J.U.B will prepare city sewer maps in accordance with the attached scope of engineering services dated July 23,
1998.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said services as follows: In a timely manner.
BASIS OF FEE AND BILLING SCHEDULE
The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: A lump sum amount of $1 ,820 per section,
22 sections estimated, for a total fee of $40,040. J-U-B will proceed Wltn only mose sections autnorlzed by me
client.
File Folder TItle MERIDIAN, CITY OF - Sewer Map Updates
Remarks:
The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement.
THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF
THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CLIENT:
J-U-B:
CITY OF MERIDIAN
NAME
33 East Idaho Street
STREET
Meridian
CITY
STATE
ZIP CODE
ID
STATE
83642
ZIP CODE
BY (Signature)
Project Manager
TITLE
NAME
TITLE
DISTRIBUTION: White - J.U.B Corporate File
Yellow. J-U-B Office File
Pink. J-U-B Project File
GoldenRod - CLIENT File
BY (Signature)
NAME
TITLE
J-lJ-B -0 I
July 23, 1998 - Meridian Sewer MaD Scope
( I.
'l.Itv of Meridian Sewer Map Updates
Scope of Engineering Services
JUB Project No. 11469
......----
~d~
.. .::..
~
J-U-B Engineers will prepare electronically drafted sewer maps for the City of
Meridian. The following criteria will be used in preparing these maps:
a.) The maps will be prepared at a scale of 1 " = 300 feet. This is the scale
of the current City Sewer Maps. In addition, this scale is of convenient
size for book preparation in an 11" x 17" format.
b.) J-U-B will use the City of Meridian Water base maps as prepared under
the proposed Meridian Water Map scope of services (JUB Project No.
11455) as a basis of mapping the sewer system. These maps will have
been prepared from current Ada County GIS Mapping. By using this
basis, the City will be able to conveniently update all maps in the
future.
c.) All drafting will be prepared using AutoCAD Version 14. This electronic
drawing can be used as a basis for a City Sewer GIS (Geographic
Information System) in the future.
d.) We will prepare a 20" x 24" base map for each section (1-mile square)
within the Meridian service area. We have estimated that 22 maps will
be required at this time to show all of the existing City sewer lines.
These maps will be laminated in 1.7 mil laminate with hard plastic
covers using post-binding techniques. Five sets of bound maps will be
delivered to the City.
e.) We will also prepare an 11" x 17" booklet showing the sewer system.
Each sheet will cover about 1;4 of a section. We have estimated that 88,
11" x 17" sheets would be prepared for the same 22 sections. These
maps will be laminated in 1.7 mil laminate with hard plastic covers using
wire spiral binding. Five sets of bound maps will be delivered to the
City.
f.) I t is assumed that the City staff will provide J- U-B with all sewer system
record information for drafting. We would envision that the City
provides this information on a section by section basis.
g.) After each section is drafted by J-U-B, the completed map will be
delivered to the Clty Staff for review. The City should then make any
comments, changes or modifications to the map for final corrections.
These changes or modifications will be made by J-U-B without additional
cost to the City. Any subsequent changes or revisions will be completed
by J-U-B on a Time and Materials Basis.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
KANTI PATEL
ANNEXATION AND ZONING OF 1.66 ACRES TO C-G
BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on June 17/ 1998, at the hour of 7:00
o'clock p.m. on said date, at the Meridian City Hall, 33 East
Idaho Street, Meridian/ Idaho, and the Planning and Zoning
Commission having heard and taken oral and written testimony and
the Applicant's representative, Rocky Towle, appearing in person,
and having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for June 17/ 1998/ the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 17/ 1998,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 1
available to newspaper, radio and television stations;
2. That the property included in the application for
annexation and zoning is described in the application, and by
this reference is incorporated herein; that the property is
approximately 1.66 acres in size; it is between I-84, Eagle Road,
Gentry Way and Allen Street.
3. That the property is presently zoned by the county as
RT (Rural Transition) and the proposed use would be for C-G
General Retail and Service Commercial development.
4. That the City of Meridian desires to annex and zone
property to allow any development to be under the City's
jurisdiction.
This would save money on land use application and
building permit fees that would otherwise go to Ada County.
5.
The
general
area
surrounding
property
is
used
agriculturally, and for some residential properties.
6. That the property is adjacent and abutting to the
present City limits.
7. The Applicant is the owner of the property and has
requested the annexation. The application is not at the request
of the City of Meridian.
8. Rocky Towle testified substantially at the hearing that
the construction of the three story motel would border the I-84
on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road
by the freeway.
They have covered the areas of process, but
there remains a couple of items on the site plan that need to be
addressed. The columns extend into the thirty-five foot setbackr
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 2
of whicht they have provided additional landscaping for the
encroachment.
The ACHD wants a 41-foot back-up curb down Allen
Street.
On the west side they are to do curbst gutterst
sidewalks and a 24-foot paving strip. On Gentry WaYt the ACHD
wants the same thingt with a 58-foot right-of-waYt but this is a
dead end street. They wanted this area vacatedt but the previous
owner and the applicant went through both the City and ACHD.
ACHD said that the previous owner was to obtain an appraisal and
they would sell the ground to the applicant.
At the ACHDt the
tech staff have backed their positiont but the right-of-way
department says they need to pay the full price for it.
If it
could be purchased reasonably then they would just purchase the
ground.
If they have to dedicate to the ACHD four feet on Allen
Way and Gentry WaYt then they have actually relocated the motel.
The difference is that a 24-foot setback has been designed
rather than the 20-foot setbackt and a 16-foot setback instead of
the 12-foot setback. The adjustment is for bringing the sidewalk
around and theytve narrowed the driveway to stay within the 35-
foot setback.
Pertaining to the parking, there are 69 parking
stalls and 67 rooms. Parking shouldnt t be a problem since maid
service and employees come in around 8:00 and the business people
leave before 8: 00.
Ada County Highway District t s requirements
are from Magic View down to where their property startst down to
Gentry WaYt that they have a 24-foot asphalt driveway.
From
there on down they have to have the 24-foot plus curbst gutters
and sidewalk. No curb and gutter before Gentry Way. Discussion
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 3
between Mr. Towle and Commissioner Borup pertained to the ingress
and egress that would be out to Magic View and then on to Eagle.
9. Commissioner de Weerd addressed the matter of where the
trash area would be placed. Mr. Towle noted it would probably be
on the north side in a contained! enclosed area. With regard to
the lighting! an engineer will handle the lighting. The lighting
is to be directed so it maintains on the site. Bruce Freckleton
addressed Commissioner de Weerd! s lighting issue by noting the
cut off lighting is something that they have been looking at and
he proposed they just take a look at it when the plans come
through.
10.
Commissioner
Smith
questioned
the
architectural
shingles.
Mr. Towle noted they would be architectural grade
asphalt shingles.
Comments on the exterior finish were that it
would either be a synthetic stucco or a drivit system.
Additional comments pertained to either the purchase of all of
Gentry Way or half of it! and with that the motel would move
back.
Mr. Towle addressed Commissioner Smith! s comments over
the parking spaces for employees by noting if you have one
parking stall for every room you have more than enough parking
to cover the motel! and by the time you get the maids and all
the people that come to work! the people have gone and left in
the morning! and so there is plenty of parking.
They have
provided for a night clerk in addition to the parking spaces for
the people.
The color scheme was discussed and basically it
would be ln a natural tone. Regarding the signage! it would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 4
a monument sign at the intersection of Allen Street and Gentry
Way.
Continued testimony between Commissioner MacCoy and Mr.
Towle regarding the color of the building resulted in, that, Mr.
Towle would get back to them with the color the building would
be.
11. Wanda Buckert testified at the hearing as follows.
Ms. Buckert's main concern was over the traffic. She suggested a
light be put up on Magic view and Eagle Road to help with the
extra traffic flow.
It was her understanding that more property
had been sold to doctors around the development, and her concern
was over being able to turn left with the new road. She
suggested a stop sign, four way stop, or light to help with
traffic flow. Commissioner Nelson noted this was a valid concern
that Ms. Buckert had, but that Eagle Road would probably never
have a light.
Discussion over this issue continued between Ms.
Buckert and Commissioner MacCoy and Commissioner Borup.
Commissioner MacCoy addressed the fact that the ACHD were
dragging their feet, and when more businesses come in for
development, then they would address the issue of the streets,
signs, and everything. That leaves the matter presently in limbo.
Ms. Buckert again addressed the matter that her concern was over
the extra traffic. Commissioner MacCoy noted the fact with the
new business coming in that maybe ACHD can be approached with
this issue once again. Commissioner Borup addressed the fact that
the ACHD is proposing another access up at the light on the north
end of the subdivision, but he is not sure when it will happen.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 5
They are also considering going back and tying into Magic View.
He also noted this would be for the people coming out of the
subdivision so they can go up to the light.
Ms. Buckert noted
the area she was speaking of is where it would cross Magic View
to Allen Street. They would still have to make a left turn, this
would be the new street.
12. Mr. Towle approached the Commission again by adding
the following comments to his testimony for the evening. He
noted that ACHD did not address their traffic issue, and they
have left it at having a stop sign at the end of Allen Street
before arriving at Magic View, or whatever it is there. He
feels ACHD will do what is necessary after review of their
traffic studies when it begins to develop more in the area. Mr.
Towle stated, "I think that they'll end up with a signal there
sometime but nobody has said anything and we were in staff
trying to work out just Gentry Way and nothing was said on the
other."
13. Commissioner de Weerd's final comment for the evening,
to Ms. Buckert, was over the fact that at the City level they
have no control, and she felt it would be very helpful to make
their concerns known to the ACHD, and if need be, continue to
pester them. Ms. Buckert noted that ACHD told her that Meridian
City has to okay the lights, traffic and whatever. She has spoke
with the City and she was told they were going to have a meeting,
but as yet have not had one.
14. Shari Stiles, Planning and Zoning Administrator, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 6
Bruce Freckleton, Assistant to the City Engineer submitted
general and site specific comments, which general comments are as
follows.
ANNEXATION AND ZONING:
1. This application is for a parcel of land at the
northwest corner of the intersection of S. Eagle
Road and 1-84, south of (but not immediately
adjacent to) the newly constructed Jackson's Food
Store. The legal description for annexation
included in the application appears to describe
the subject site. Applicants surveyor has noted
in his legal description that there are conflicts
between monumentation on the ground, and mapping
for the construction of the interstate, and that
a new legal will be prepared after a field survey
has been prepared. The revised legal description
shall be written to place this site contiguous to
the Corporate City Limits of the City of Meridian
(Ord. No 660, 8/2/94).
2. Any existing irrigation/drainage ditches crossing
the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M.
The ditches to be piped should be shown on the
site plans. Plans will need to be approved by
the appropriate irrigation/drainage district, or
lateral users association, with written
confirmation of said approval submitted to the
Public Works Department. No variances have been
requested for tiling of any ditches crossing this
project.
3. 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. Wells may be used for non-domestic
purposes such as landscape irrigation.
4. Although the cover sheet indicates the proper
request for zoning of C-G (General Commercial),
the narrative refers to a zoning of C-2, which is
the Highway Commercial zone in Ada County. All
statements made in the application should be
corrected for the file.
5.
A development agreement
condition of annexation.
is
required
as
a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 7
15. The Meridian Fire Chief, Kenny Bowers, submitted the
following comment that they had no problem with this annexation
and zoning.
16. The Meridian Chief of Police, Bill Gordon, had no
comment.
17. The Central District Health Department added the
following comments.
After written approval from the appropriate
entities are submitted, they will approve this application for
central sewage and central water.
The plans for central sewage
and central water must be submitted to and approved by the Idaho
Department of Health &
Welfare, Division of Environmental
Quality.
18. That the property included in the annexation and
zoning application is within the Area of Impact of the City of
Meridian.
19. That the entire parcel of ground is included within
the Meridian Urban Service Planning Area as the Urban Service
Planning Area is defined in the Meridian Comprehensive Plan.
20. That the Application requests that the parcel be
annexed and zoned C-G General Retail and Service Commercial
District; that the present use of the property is vacant pasture;
that the Applicant indicated that the intended use of the
property would be for a three story motel.
21. That the property can be serviced with City water and
sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 8
22. That the C-G, General Retail and Service Commercial
District is described in the Zoning Ordinance, 11-2-408 B. 11 as
follows:
(C-G) GENERAL RETAIL AND SERVICE COMMERCIAL - The purpose of
the (C-G) District is to provide for commercial uses which
are customarily operated entirely or almost entirely within
a building; to provide for a review of the impact of
proposed commercial uses which are auto and service oriented
and are located in close proximity to maj or highway or
arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and
permanent motoring public. All such districts shall be
connected to the Municipal Water and Sewer systems of the
City of Meridian, and shall not constitute strip commercial
development and encourage clustering of commercial
development.
23. That proper notice was given as required by law and
all procedures before the Planning and Zoning Commission were
given and followed.
24. There was no further testimony at the hearing.
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 I s
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the
Revised and Compiled Ordinances of the City of Meridian i that
exercise of the City's annexation authority is a Legislative
function.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 9
3. That the Planning and Zoning Commission has judged
this annexation and zoning application under Section 50-222,
Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, the Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City
of Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian,
and the annexation would not be a shoestring annexation.
7. That the Applicant has initiated the annexation
application.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land.
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11- 9- 616 which pertains to development time
schedules and requirementsj that the Applicant will be required
to connect to Meridian water and sewer.
10. That proper and adequate access to the property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 10
available and will have to be maintained.
11. That since the Applicant I s property is in the Mixed
Land Use section of the Comprehensive Plan, the annexation and
zoning Application is in conformance with the Comprehensive Plan
and does not conflict with the Rural Areas policies.
13. That a condition of annexation and zoning of the
proerty is that the applicant shall enter into a development
agreement with the City, which shall include but not be limited
to all staff comments submitted with this application and all
other government agencies submitting comments. The development
agreement shall be entered into and recorded prior to the final
plat approval and prior to the issuance of any building permits.
14.
It
is
further
concluded
that
any
comments,
recommendations and requirements of the City Engineer, the
Planning and Zoning Administrator, The Planning and Zoning
Commission, all other Meridian Departments submitting comments
and all other government agencies submitting comments shall be
complied with in order to obtain annexation and zoning of the
property noted herein. Therefore, based on the Application, these
Findings of Fact and Conclusions of Law, and the Ordinances of
the City of Meridian, it is ultimately concluded that the
Applicant I S property should be annexed and zoned C-G and all
representations shall be met; that the conditions should be those
stated above and upon issuance of final platting and other
conditions to be explored at the City Council level; that such
annexation would be orderly development and reasonable if the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 11
conditions are met.
15. With compliance of the conditions contained herein,
the annexation and zoning would be in the best interest of the
City of Meridian.
16. That if the conditions of approval are not met the
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER Keith Borup VOTED 4y-P
COMMISSIONER Byron Smith VOTED Ay:e
COMMISSIONER Mark Nelson VOTED M SL?,-..f-
COMMISSIONER Tammy de Weerd VOTED Ap
CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 12
DECISION AND RECOMMENDATION
The
Meridian
Planning
and
Zoning
Commission hereby
recommends to the City Council of the City of Meridian that they
approve the annexation and zoning as stated above lD the
Conclusions for the property described in the application with
the conditions set forth in the Findings of Fact and Conclusions
of Law and that the Applicant be specifically required to meet
all of the Ordinances of the City of Meridianr specifically
including the development time requirements and that if the
conditions are not met that the property be de-annexed.
MOTION:
APPROVED: ~~
PATEL KANTI C-G FF CL _[/ f/k
7-7-98 -- Final 1; /1;rs
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 13
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this 4th day of August, 1998.
ROLL CALL
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
VOTED
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL) ~
APPROVED . ~. -
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION & ZONING FOR
KANT I PATEL
AMENDED ORDINANCE NO. 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 Y4 OF THE
SOUTHEAST % 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 Y4 of Section 2,
T. 3N., R 1 W., 8.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;
thence South 89033'16" East, (formerly described as South 89051' East)
758.87 feet along the southerly boundary of the said SE % of Section 2,
which is also the centerline of Cherry Lane, to a point, also said point
being the REAL POINT OF BEGINNING;
thence continuing South 89033'46" East (formerly described as South
89051" East) 500.87 feet along the said southerly boundary of the SE % of
Section 2 to a point;
thence North 2008'39'~West, 224.92 feet to a point;
thence North 89033'46" West, 491.43 feet along a line northerly of and
parallel with the said southerly boundary of the SE % of Section 2 to a
point;
REZONE ORDINANCE
CHERRY LANE BAPTIST CHURCH
1998 AU 20 P~1 2: 19
RECORDED- HEQUEST OF
~'dt~ ~
FEE ~ OEPUTy~~A~
--- 1 ~
jt;980 7974 I
MiA COUHTY RECGRDE!;;
J. DAVIO NAYAHRO
801SE, [oM-!O
thence South 0015'38" West, 224.69 feet to the Point of Beginning,
comprising 2.56 acres (111,480 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 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 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 City of
Meridian, Ada County, Idaho, this f~ day of /lvtjt{sf
1998.
APPROVED:
REZONE ORDINANCE
CHERRY LANE BAPTIST CHURCH
2
STATE OF IDAHO, )
: ss.
County of Ada, )
,\\\\UUlITlttJI
, "" <":: D II 'I,
~~ ~t O. U1~',>.. II,.....
," A'"'I;, ""lil~ "'...
~ A"'~"'" ':.vA '::-
~ V", ":rfNi'^'-"" #l W... ":-
~ v' .....-rti):}....., IY <:1-
~ (~ "() '*-
~ s
- ~
~ ,SEAL ~
5 ~ ~:$
:;;. _'i;;>,. ",<i/"$ ~
.~ ~." ~r 19"\ . ~.$
..~ ~,~1 ~ S'
;~ ~ a ~,. ~,
, ""....o' '. ~ .ld:""""" .... ........
i'/J ""'Unl ~ 1. "..."
'J..J.I; ,,\,\.l,
'/Jll /Ht\i'\~
ATTEST:
dI~~~~
CITY CLERK - WILLIAM . B RG, JR.
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 % OF THE SOUTHEAST % OF SECTION 2, TOWNSHIP 3
NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; AND
PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 774, by the City
Council and Mayor of the City of Meridian, on the 1tJ- day of /h~ lif' ,
1998, as the same appears in my office.
\)rlAh~R'I~~is 4-71- day of At? rJ-
"'''\'~t of MEIi!t~}.'........
..~ ~"\ .,-;} ,~
$it} ~ ""r~'~
S' ~.tJ" ~~ ~
S ~ -~ ~
~ ~
~ SEAL !
- ~ ...w E
'; ~ ....~. n ?;
~..,o ~r 191 . -:l!' $"
~ ';f 'f)~ ~~
,....,...> C'ovNT'l. ......,.........
. 1IIIIHlHlll\1\\\\\\
,1998.
dI~/z~t,{l
City Clerk, City of Meridian
Ada County, Idaho
STATE OF IDAHO, )
: ss.
County of Ada, )
On this Lf day of Au ~I-t.vf ,1998,
before me, the undersigned, a Notary , blic in and for said State, personally
appeared William G. Berg, Jr., known to me to be the person whose name is
subscribed to the within and foregoing instrument, and acknowledged that he
executed the same.
REZONE ORDINANCE
CHERRY LANE BAPTIST CHURCH
3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
~
.,,'.~.~Jlb!j~.l/Ii\\>q
.~"';'.:~'t."L L. 814t:qq#q~
.."~-",~.,,, 'Q.
<?'> .,.... "'0 J> ....
~v 0 $0fil1 \
: l _..OTA~r @, ~
: : l)"' '* =
g * : ~O~ : * :
:... '\C e r::
~, "'" P . J.J3 t.. ~ : ::
~D~~7 -9B ~- Fu"o~ $
'" "^ "b~ or'~ '"
"9.,t'/ <>00<,00" ~'" ",,'"
<'~..~.4 FS OF \"9 "'~~
0/>. .,'10<>
~J'ona-r;r;::iit.'t!'a.~
Notary , blic. for Idaho
Residing at: ~~
My Commission Expires: ,d I S I;:J()Q~
REZONE ORDINANCE
CHERRY LANE BAPTIST CHURCH
4
..; - '
"',c ...... ~.
"-~. .: ..
.-".C
=,:: "Jj1 If
1< ~[ [
· ,;' i
f
",
;"" .'
'"
,..'" '...
.',
t,~
m ~
'. ~,~i
I. ~e~,
,\11 Z.
II ?'
}>, ~
~, ~
,~ ;-'
.i f
:r; @
1
I,
I
,..,.-
I' 'f-',
n~' ~
tl~lf r.N
I I fti . . =
: , Jfll ~ ~
II'r. f!: .
~J~'.j;: ~
~ 'flIt '!; en'
If · ~ tIj
: ki p
s
I
f
R:o
f
i:tftj
If:
J'
I:
Il~_f( "
Irr[r
\1-
3l I
ig
~~ .."
, " I
'~-l
. I
. ~ ---J
t>>
RESOLUTION J I.D ~
BY THE COUNCIL:
ROUNTREE, BENTLEY, BIRD,
ANDERSON
A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT
AND CROSS~DEPUTIZATION BETWEEN THE BOISE CITY POLICE
DEPARTMENT, THE GARDEN CITY POLICE DEPARTMENT, AND
THE MERIDIAN CITY POLICE DEPARTMENT, PERMITTING
OFFICERS OF EACH JURISDICTION TO EXERCISE PEACE
OFFICER AUTHORITY IN THE JURISDICTIONS OF THE OTHERS
THROUGH CROSS~DEPUTIZATION IN FURTHERANCE OF A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOISE,
THE CITY OF GARDEN CITY AND THE CITY OF MERIDIAN, AND
AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO
EXECUTE THE AGREEMENT; A.ND PROVIDING A.N EffECTIVE
DATE.
WHEREAS the City of Boise, the City of Garden City, and the
City of Meridian have prepared a Memorandum of Agreement
between the Boise City Police DEPARTMENT, the Garden City
Police DEPARTMENT, and the Meridian City Police DEPARTMENT,
to provide police action where police action is necessary and
should otherwise be taken; and,
WHEREAS to further such gOoal a Memorandum of
Agreement is necessary to permit officers of each jurisdiction to
exercise peace officer authority in the jurisdictions of the others
through cross~deputization;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCil OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the agreement by and between the City of
Boise City, the City of Garden City, and the City of Meridian City,
a copy of said agreement marked Exhibit "A" attached hereto
and incorporated herein by reference, be, and the same is
hereby, approved as to both form and content.
Section 2. That the Mayor and City Clerk be, and they
hereby are, authorized to execute said Agreement for and on
behalf of the City of Meridian City.
Section 3. That this Resolution shall be in full force and
effect immediately upon its adoption and approval.
ADOPTED by the Council of the City of Meridian City, Idaho,
this 1/'W daYOf7~1998.
APPROVED by the Mayor of the City of Meridian City, this
/-4 day of ~Prf I-
(/
, 1998.
ATTEST:
APPROVED:
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, AUGUST 4,1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: RON ANDERSON x: CHARLIE ROUNTREE
)C GLENN .BJ=NTLEY )C KEITH BIRD
~~ MAYOR ROBERT CORRIE
MINUTES OF PREVIOUS SPECIAL MEETING HELD JULY 28, 1998:
MINUTES OF PREVIOUS REGULAR MEETING HELD JULY 21, 1998:
TABLED JULY 21, 1998: ORDINANCE # - ORDINANCE CHAf'lCfES
WITH CROSS CONNECTION AND BACKFLOW DEVICES: 'TAl~LG 91 J I q $?
1.
2.
PRESENTATION OF VlSION STATEMENT BY ARDEN DAVIS AND LORI
JONES: iA\~f, AC\ I DtJ "6 ~ ks ~ 98
94, 95, 96 AUDIT BY GIBBONS, SCOTT & DEAN LLP: APfY!?-Dt)b
AMENDED ORDINANCE #774 - REZONE CHERRY LANE BAPTIST CHURCH: Aelt())i;?
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR
PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST
DEVELOPERS AND MARTY GO~DSrytITH - NORTH OF VICTORY AND WEST
OF EAGLE ROAD: '1~ 'is I} g /'1a
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.66
ACRES (C-G ZONE) BY KANT I F?ATt:L-I-84, EAGLE; ROAD, GENTRY Wf\Y ~ -
ALLEN STREET: I-h=1':)(I),)<'- F I f\cLV\r - Q>~Lj +\t\Ofl'''6' p/ep (:;(0, t:~ J q-98
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A 3
STORY MOTEL BY KANTI ~ATEL -1-84, EAGLE ROAD, GENTRY WAY &
ALLEN STREET: c.u\\f, Plil )' - ! 8 -Cj ~
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.58
~C..,Y~~fL~R~~~~~~9C~~~T:~~~ECOA~;~~Je IN~F(~r~~; (~~~O~~, ,x '{ ,
c~h"l A+\O'fy\,€vd' \){~PC('E'; c\J cJ...'i'-ClllL
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT (31 LOTS ON 11.01
ACRES) FOR PROPOSED SHERBROOKE VILLAGE SUBDIVISION BY
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
WEST PARK COMPANY, INC. - NORTH OF VICTORY & % MILE EAST OF
LOCUST GROVE: 1'(-\ ~ i <6/1 (; )9B
PUBLIC HEARING: REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM
BLOCK LENGTH OF 1,000 FEET FOR FOUR BLOCKS AND PIPING OF THE
RIDENBAUGH CANAL BY F~~WEST D~VI;L.. OPERS - NORTH OF VICTORY
AND WEST OF EAGLE: ,{t'PCf~ r\--~(L. '() }l'!)'1'2.
REQUEST FOR FINAL PLAT FOR THUNDER CREEK SUBDIVISION BY
MERIDIAN LAND DEVELOPMENT, LLC - NORTH OF PINE AND EAST OF
TEN MILE: '~\~~~J\v'~,,"~J'~ f4 ("'peoVe:
REQUEST FOR COOPERATIVE AGREEMENT FOR SEWER AND WATER
LINE MAIN EXTENSIONS AT LOS ,ALAMITOS. AND SALMONI RAPIDS. BY
FARWEST DEVELOPERS: 'S+c~t; v.' cAe LJ t-Ae.L~ie'3 T' ~ i.:crf\e back
REQUEST FOR BEER, WINE AND LIQUOR LICENSES FOR WESLEY AND .\ {
BARBARA RHOADES/127 CLUB BY BRIAN DONESLEY, ATTORNEY AT LAW: lJpe( b!, ~
REQUEST FOR TURNBERRY SUBDIVISION LATE COMER AGREEMENT BY
BRIGGS ENGINEERING: Aj,-\Q-b\ WbrL L"( Br'\Zs<).0€:, Cff~L. b.cL Ie
DISCUSSION AND RECOMMENDATION TO THE ADA COUNTY P & Z
COMMISSION FOR REVISED PRELIMINARY PLAT FOR PETERSON
PROPERTYNIENNA WOODS SUBDIVISION BY SKYLINE CORPORATION:
WATER / SEWER / TRASH DELINQUENCIES: /Jpe'( {JJ'C__
APPROVE BILLS: ~PfYcVl
DEPARTMENT REPORTS:
18:
A.
WILL BERG: fA ~{Ol/G
1. APPROVE COPY MACHINE RENTAL AGREEMENT. -lw-r
SHARI STILES:
1. APPROVE WEED, TRASH AND DEBRIS REMOVAL CONTRACT
AGREEMENT. l~e0NDV~
GARY SMITH: JicPfOve
1. ENGINEERING AGREEMENT FOR WATER AND SEWER MAPPIN~.t- t(p
2. ENGINEERING AGREEMENT FOR SEWER TRUNK LINE STUDY.AfflA}'1(J
D G;-()~., t\DC'l ~
_ f '-t>[V~ >
L De-f' tJ\.)y:. 9 (ls.
B.
C.
CITY OF MERIDIA.l') ,
PUBLIC MEETING SIGN-UP SHEET
(ife )j- q~ q~
PHONE NUMBER
i:I.~7 -' ;'7&0
3 '6' :$ A -=-404-
] ISo - }.~Oo
g ~~
?f8' 7 Y79,9
3tr'J - q /3({ 5'
J6 c; -r; del?
'J3'j ~l738
C('3/-/~3c/
'J ~-Q~ L
P'oc-. ., - "?
, 6.r ~ /~ / L
f3 7~ IS<;3
r~f- (ss-~
a~-,'?' d'''Op
/c.);- /'~
cO
;:5i,;[J g~llrecftfJ(
% i' d ,-,,&.,;-"4 ~ ""'/( ,
", ' J
((I.i's-- O'i/h'Z/
?C;r:.-o</(?-
(")~~
~g't~~~
5" e-: ~ 0 %. s
t/J 0 ~ p _,."
~. g ~ "-+0 ?3,.. ..~
rfl ~ ~ -:l
~ ~. ~ ~ g S".
~ P?4-~ ~tIJ
~ ~ ~ ('0 ~ r/J'
o~" ~ ~ .-1-
o (fl ~. 0
o g % a' P a'
% _~'1:l~ 'S'
t/J 'f'. ~ ~ a
?+c tfJ-l
a-o~g\;>--<
B,.. t:t,-l- 0 0
I-'t....... 0 I"c\ ~
~e.~g'~~.
~ \.0 d' t-Io.. ~
~\.O~~~~
.., (;/:) ~ po. -' \0"":'
tIJ ~ ~. @ ~ g.
(il d P ('0 tfJ P
~ ~ Q.-~ p..~
~ tfJ g.. 0 ~ "1'"*'
tfJ \-' . ~ H"l
~l'd~g.?~
~~ ~ (1;) c.g
~a~~9o
~ ~. ~ 06"
~ (-+ ~ t/). .+> 0
% rfl' 0 ~ "':0 ~
t::";rlPP.\.O.-+
~ ~ a p.. (;/:) $'
~ ~. ~ ~ ~ ~
~~l-\a~~
,.., (1;) (tl ~ ,0 ......
~p.~-"""I-'"
.~ a' ~. g. ~ ~
Z~~~~(1)
~ ~g ~.~~
~ ~ 5 a ~ t:l.
~ rp ~ ~ 0 (JQ,
oa-' PR~
a (il ~~~ ,-l-
(1;) ~ (il ,.,.0
. ..~ . - ~
~~~~I"c\
..:.< (il a.. rl
9, ~ ~. () (l)
i-o' l""'" ~ \0"":' ,
(1;) 0 (l ~
~ (l) 1'"":'
(l) ~. ~
tt?.i--':
'$i-"
~
l-\~
,-l- (il
~,~. ~
H%O
~ (1) """"
?' p...~
"""'" .
~ ::1. ~
~. l'11 g
'S=.o,-<
d's.~
~ l;::T' (l)
tfJ ~
~~(tl
':=+ p. rl
~. g.
~g.~
, ;:.. e'
~~,~
(1)~s
te. ~' (1)
l;:$i""t-p..
o (l a:.
g 0 S)
t-+ ~ (-+
g,?- g.
..-+ "'d ~
~~~
e~~
a ~~
o ~:g
~ 0 ('0
~'o:.~
~ ~~ 0
l-'" ~ R
tIJ 0 ~
o~
.+> 0 (i)
~~
co
~p.
(Q co
~ 0,
..-+ \e,
6"g
t~
g.~
~()
~~
~
(1;)
~
..,
~
~
~d
~~
~~
~~
~~
~e)
~i<
~~
o~
~
~
-
~
-
'c%
en .... c... c... s: ~ s: 'TI c... Z 0
~ c C <D m
~ '< :J ~ m 0- :J 0 Q. :s:
(1 (1 <
<D - ...... c Ci> Ci> 0 0
Ci> (f) ::r c ~ 3 3 0" Z
3 ..... ~ Ci>
0" 0- 0- ..., -I
Ci> <D (I) ::!:
...... .., ......
~ ....>. l'.J I\.) ....>. l'.J l'.J I'\.) I'\.) l'.J -10. l'.J :;t ." I~
~ (,.) -10. 0> (0 Q) 0'1 ~ (0 ill 00 (,.) u; Z
-....J -....J (,.) 0) l'.J co 0> -10. -....J -10. 0'1 -I
(") -I
0 )> 0
0 r-
N r- ID (")
.J:>. ...l. ...l. ...l. ...l. ...l. N ...l. ...l. N N J\J J\J > UlI 0
...l. 0> W 0> co 0> ...l. co 00 .J:>. 01 ...l. 0> -- c:
...l. W 00 ~ 01 co 0 <0 00 W 00 0 co to
co ...l. 0> .J:>. N 00 01 W -.I 0> 0> .J:>. ...l. :;0 en :2:
!=' ?' !=' .J:>. -.I 0 01 ~ ~ 0> to W -.I en (")
0 ...l. 0 01 N b ()l 00 00 ~ ~ ~ (0 r-
co .J:>. -.I 00 00 Q) 01 co -.I co 00 0>
~
~ "t1 -l
to to m .J:>. w 01 W 0> Ul W 0> en c:
0> 00 .J:>. 01 ()) 00 00 00 .J:>. Ul .J:>. 3=>
C (") i"
0 )> en
r- i" :J:
!; to c:
0> ...l. ...l. UlI -I
00 0 co Ul w N .J:>. W 01 N .J:>. m --
~ CD
00 00 -.I m N -.I -.I ...l. W 01 N m en 0
Ul 0 Ul ..... co ..... 0 01 .J:>. ....... -.I co ."
-.I 0 0 !=' ...l. ~ ...l. .J:>. :--J ~ ...l. Ul ."
~ ~ r.., ()) ~ w (0 r.., W 01 ~ (0
0 .J:>. -.I to m N ...l. 0 01 -.I .J:>. 01
~ ~
w w w W N .J:>. W W N W N ..... ." :2:
.J:>. 0 01 0 00 N -.I 0 01 m N -.I en -I
N ..... 0 00 ..... .J:>. -.I to .J:>. .f>. 01 W
C (") -I
0 )> 0
w r- (")
w w w W N W W N ..... .J:>. N N r- to 0
W co 01 N N ...l. -.I ~ -.I .f>. 0 m 0 ~ en
N co -.I co co -.I N ...l. -.I Ul .J:>. 01 .J:>. -- c:
m 01 .J:>. 0> co Ul w ..... w ..... .J:>. ..... ..... ::u to :2:
N 0 !=' 0 !'J ~ .J:>. !'> ~ W N :--J p> ....
(0 m :;:.. ~ r.., r.., en (")
0 01 01 01 -.I ....... N F
w co .J:>. w m 00 w m .J:>. ....... -.I m -.I
." ~
...l. ...l. ~ -I
-.I 00 m 01 co co ..... co ....... co 0> w en c:
....... 0 -.I 00 co W .J:>. ..... .J:>. ..... 01 co (") )>
c )> r-
0 r- en
....... r- CD :x:
0 ...l. ...l. ...l. en
.J:>. 00 ....... 0> 01 -.I 00 0> ..... 0 <0 -.I m ~ -- c:
00 .J:>. (J'l N ...l. 01 ..... -.l ..... ....... 0 00 W to -I
00 N 01 m co 00 .J:>. J\J ...l. ...l. ...l. ...l. W ~ ..... 0
0 -.I W N (J'l ?' 0 -.I ....... m .J:>. (J'l <0
(u (0 ()l m b ...l. 00 (0 r.., 00 b r.., i:o ."
m w Ul 0 0 co 0> -.I ..... N 0 (J'l W ."
=It ." ~
.J:>. N W N W W W W 01 W ...l. en :2:
N ..... <0 -.l 0> .J:>. 0> 00 .J:>. W .J:>. -I
l\.) 0 w w to) l\.) ....... <0 ...l. 0> .J:>. (")
l> -I
C r- 0
w 0 to (")
m w N W N to) N W W .jl. 01 ...l. .... 0
-.I .jl. ~ 0 0 .J:>. to ..... Ul 00 m <0 r- CD
w .J:>. <0 co ..... 01 00 N 01 co -.l to) !; c:
0 0 0 0> 0 J\J to -.I <0 N m N 00 Z
?' co ~ ~ :--J co 0> :--J co ~ N ~
r.., ~ r.., u, r.., ::0 ~
co Ul ....... W to ....... 0 en
0 ..... 0) N ~ .J:>. 0 0 .J:>. 0> 0> ...l. r-
"t1 ~
ow>. ..... ~ -I
-.I 0 01 00 co <0 co 0 co co en c:
01 W N W W 0 0 Ul ..... 0 g 3=>
r-
c r- en
co ...... ow>. ...... 0 to :J:
....
0 0> -.I ~ -.I <0 -.l 00 ...... ~ 0 r- -- c:
0 -.I .J:>. .J:>. W <0 00 -.l -.I co -.I ~ CD -I
01 m -.l co -.I -.I ...... ...... .... w co 00
co -.I W co 0 (J'l ...... ...... 0) co w ::0 0
~ :p.. 00 (u ()l (0 (0 (u (0 m ~ en ."
01 W -.I -.I -.I <0 -.I 0 N .... N ."
-<
m
)>
;:u
-l
o
~
-l
m
o
m
C
z
o
c
m
z
(')
-<
;;0
m
"'U
o
;;0
-l