HomeMy WebLinkAbout1998 11-17
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, NOVEMBER 17, 1998 - 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A. MINUTES FROM PREVIOUS MEETING HELD NOVEMBER 4, 1998:
(APPROVE)
B. ABATEMENT OF PROPERTY AT 121 E. KING STREET:
(APPROVE)
C. BEER & WINE LICENSE FOR FIESTA GUADALAJARA BY FIESTA II,
INC:
(APPROVE)
D. TRANSFER OF BEER & WINE LICENSE FOR THE TOBACCO
CONNECTION TO THE BIG SMOKE BY BRUCE BAIRD: (APPROVE)
E. TRANSFER OF BEER & WINE LICENSE FOR GIN PON TO HONG
HSIANG INC. BY PING HU LAM: (APPROVE)
REGULAR AGENDA
1. TABLED FROM OCTOBER 6,1998: FINAL PLAT FOR ASHFORD
GREENS NO.3 BY BRIGHTON CORPORATION - PORTION OF THE W
% OF THE W % OF SECTION 3, T.3N., R.1W: (APPROVE WITH
CONDITIONS)
2. TABLE FROM OCTOBER 6,1998: FINAL PLAT FOR ASHFORD
GREENS NO.4 BY BRIGHTON CORPORATION - PORTION OF THE W
% OF THE W % OF SECTION 3, T.3N., R.1W: (APPROVE WITH
CONDITIONS)
3. PUBLIC HEARING: REQUEST FOR VARIANCE FOR WHITESTONE
ESTATES NO.3 BY WHITESTONE DEVELOPMENT COMPANY, LLC-
SOUTH OF FRANKLIN RD & WEST OF LINDER RD: (ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
4. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS-
EAST OF W. 7TH AND SOUTH OF IDAHO: (APPROVE PRELIMINARY
PLAT WITH CONDITIONS)
5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE
SUBDIVISION BY JIM HICKS - EAST OF W. 7TH AND SOUTH OF
IDAHO: (APPROVE FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, APPROVE DECISION)
6. PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE
DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY
TROUTNER BUSINESS PARK DEVELOPMENT CORP. - S. WEST
FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN
ROAD: (APPROVE)
7. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE
AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT - PORTION
OF NW % SEC. 3, T.3N., R.1W: (TABLE UNTIL DECEMBER 1ST,
MEETING)
8. REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL CARPET
STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS-
126 KING STREET: (ATTORNEY TO PREPARE FINDINGS OF FACT
AND CONCLUSIONS OF LAW)
9. REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL AUTO
REPAIR & SERVICE BY JOHN BISS - WEST OF MERIDIAN ROAD:
(PUBLIC HEARING SET FOR JANUARY 5TH, MEETING)
10. REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED
FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP -
SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1ST:
(APPROVE WITH CONDITIONS)
11. APPOINTMENT OF DEPUTY CITY CLERK BY MAYOR: (APPROVE--
ANGEL SIMS)
12. DEPARTMENT REPORTS:
1. GARY SMITH:
A. TABLED FROM NOVEMBER 4,1998:
CHANGE ORDER FOR TULLY PARK
(APPROVE)
B. ENGINEER AGREEMENT AMENDMENT FOR USTICK
RESERVOIR -CONSTRUCTION ADMINISTRATION
(APPROVE)
C. LICENSE AGREEMENT WITH NAMPA MERIDIAN
IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON
VAN AUKER SEWER PROJECT
(TABLE UNTIL DECEMBER 1ST, MEETING)
2. TOM KUNTZ:
A. MAKE UP OF PARKS & RECREATION COMMISSION
(REVISIT)
B. INTRODUCTION OF NEW RECREATION SUPERINTENDENT
-ELI ROBERTS
(INTRODUCTION)
3. CHIEF BOWERS:
A. BUDGET CHANGES
(ABSENT)
4. CHIEF GORDON:
A. BUDGET CHANGES
(APPROVE)
B. SECURITY PROCEDURES FOR CITY HALL
(COMBO LOCKS ON BACK HALL DOORS)
5. MAYOR CORRIE:
A. CAPITAL OUTLAY OPERATION EXPENSE (APPROVE)
EXECUTIVE SESSION
MERIDIAN CITY COUNCIL MEETING
NOVEMBER 17.1998
The regular meeting of the Meridian City Council was called to order at 7:31 p.m.
on November 17, 1998 by Mayor Robert D. Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie
Rountree.
OTHERS PRESENT: Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith,
Shari Stiles, Brad Watson, Dave Bowman, Tom Kuntz, Malcolm MacCoy.
Corrie: Thank you for coming this evening, kind of sparse, it must be raining
outside or snowing. I haven't been out there for a while, but thank you for
coming today. Council, we have the consent agenda items A, B, C, 0, & E. Is
there any Councilman that would like to have any of the A, B, C, D, or E taken off
the consent agenda at this time?
Bird: I have none.
Bentley: None.
Anderson: None.
Rountree: Mr. Mayor, I move that we approve the consent agenda.
Bird: Second.
Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird that we approve the
consent agenda. All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.1: FINAL PLAT FOR ASHFORD GREENS NO.3 BY BRIGHTON
CORPORATION - PORTION OF THE W % OF THE % OF SECTION 3, T.3N.,
R.1W:
Stiles: Mr. Mayor and Counci!l believe these two plats on items 1 & 2 were
tabled so that the issue of drainage could be worked out. I'm not sure what other
issues that were part of that tabling.
Rountree: Water extension.
Smith: Mr. Mayor and council, David Turnbull handed me a page of photographs
that he's taken on the storm drain swills at Ashford Greens to show that the
construction has been completed and I'll bring that up and pass it along to you.
Meridian City Council
November 17, 1998
Page 2
Also, one of the reasons for the tabling of the two subdivisions had to do with the
extension of a water line from the Lake at Cherry Lane #4 to Talamore
Boulevard and the city's requirement-my requirement that Brighton Corporation
was responsible for that extension. I reviewed the situation with the city attorney
Bill Gigray and Bill issued a memo to me. I made copies of that memo and I'll
come forward and pass those out to you. The main-I think Bill's main comment
is the second paragraph from the bottom of the page. Where by he recommends
that the city not impose the condition of approval of an unrelated plat to the note
that was on the development drawings without there having been some condition
of plat approval on the initial plat requiring compliance before any other plats
would be approved. So from that standpoint, public works department would not
make the requirement for Brighton Corporation to extend the water line as a
bases for approval of plat NO.3 and plat NO.4. Think if you have any questions
concerning the legal aspect of this Mr. Gigray would be willing and able to
answer the questions. Thank you, that's alii have.
Corrie: Council have any questions of Mr. Gigray or staff?
Bird: I have none.
Anderson: I have none.
(Inaudible)
Rountree: Either question for Gary or Attorney Gigray, either one-I guess my
understanding from this is the note to accomplish the water line was part of
another development agreement or another plat, not this particular-on a
preliminary or final plat of another sub?
Smith: Yes Councilman Rountree (Inaudible) the requirement that was placed on
Ashford Greens No.1 Subdivision was a note on the construction plans, or
development plans for the sewer and water system for that subdivision. That
basically said the water line--a water line would not need to be extended at this
time from--I think it's Talamore Boulevard the main entrance to Ashford Greens
to Ashford's East boundary which is the Lake at Cherry Lane NO.4 until such
time as the water line and the Lake at Cherry Lane NO.4 was constructed to their
west boundary, or to the east boundary of Ashford Greens total development. At
that time, Brighton Corporation had option with the landowner to purchase the
property in pieces as they developed, which included the area where this water
line would be placed, the extension. During the period of time that Ashford
Greens NO.1 and No.2 was being developed, Brighton Corporation lost their
option on the property. That option was subsequently picked up by another
developer. So that created some concern with Brighton as far as this
requirement was concerned. That was the question that I raised then when
Ashford Greens NO.3 And NO.4 came up and that was-the memo that you have
Meridian City Council
November 17, 1998
Page 3
in front of you is the result of Mr. Gigrays research on that question as to whether
or not I could require the developer to make that tie as a condition of approval on
plat No.3 and NO.4 which is before you tonight as a final plat for approval. It
was not a condition-the extension was not a condition of plan approval for NO.3
or NO.4. I guess that's the meat of your question Councilman Rountree, is that
correct?
Rountree: The follow up is the continuation of the loop or the completion of the
loop has been annotated on an approved plat for the now owned Steiner
Subdivision, so we can get the loop completed.
Smith: The loop will be completed. We have requested that-initially Steiners
submittal No.8 which is before you tonight as a Preliminary plat came in showing
that line as a future line. We required that to be removed as future and it was to
be shown as an improvement part of that plat. Now there are probably-I
couldn't say for sure, but there may come an issue of whose going to pay for the
water line, but I guess that's something that needs to be addressed at a later
point. But, the Lake at Cherry Lane No.8 which is before you tonight on the
agenda item will have to have that water line installed before it can be accepted
by the city.
Rountree: Perhaps it could be worked out before the two developers (Inaudible).
That's what I needed, thank you Gary.
Gigray: Mr. Mayor and Members of the council, as a point of information and
background on this I would advise you that prior to issuing this memo, we did
with the cooperation of the clerks office give you all the previous actions and
motions that were made by the City Council relative to the subdivision approval
that this particular obligation comes from. I would assure you that it is not, at
least it's my understanding the position of Gary Smith as public works director of
the city that the obligation still stands as set forth in the note. The issue here is
using that as a condition of plat approval from some other plat that is not
correctly related. I believe that there may yet be some other development that
may be related to that that could come before this council at some later date. In
addition, you might note in this memo I make a recommendation here that if you
seek to maybe have a condition of pat approvals that certain conditions are
completed before other plats would be approved. I think we ought to shore that
up with some kind of ordinance or something that you ought to consider if
that's-if those are going to be conditions that you may want to impose on future
developments. If this got to be a problem, because as I understand it, from my
discussions with Gary is that this note which is on this plat that's the subject
question was really in accommodation to the developer to not have to put that
line in at the time. They originally did the development upon the condition and
their assurance that they would put it in when those subsequent events occur
that are referenced in the note. So, if we get into those accommodations in the
Meridian City Council
November 17, 1998
Page 4
future, it seems to me that it would be reasonable for the council to impose
conditions of other developers could have that as a condition on them, but I think
we'd have to include that on our approvals as conditions and I would like to back
it up with an ordinance, but I'd wait here for direction on whether or not you wish
to proceed in that manner since this issue is brought kind of to a head in this
matter.
Corrie: Any further discussion?
Rountree: Are there any other issues, I haven't seen the pictures yet, as far as a
completion of the drainage basins. Are there any other wishes with respect to
the desire of the developer to put the various (Inaudible) city property as it relates
to operation and maintenance of the golf course and the needs of the operation
and maintenance of the golf course that there may be an understanding that they
are going to be taken care of by the developer, but we don't have that in writing
and/or they may not have been done at this point in time.
Smith: Mayor and Council, I don't recall the particulars on the drainage issue.
Rountree: Wasn't the (Inaudible) proposals for disposal of drainage be in
drainage basins within the golf course property?
Smith: Yes, correct.
Rountree: Is that something that's on record that the city has approved
previously, or is that something that has been discussed?
Smith: Yes Councilman, we do have some drainage areas on the golf course
presently.
Rountree: I know we have them presently, do we want new ones? Have we
agreed to allow new ones? Do the drainage basins that have been proposed
interfere with the maintenance and operation of the golf course? I see the photos
that finally they're somewhat reasonable to look at after considerable length of
time of them sitting out there being eye sores, difficult for the golf course to
maintain. I know this stuff takes time, but that is a city facility and I just don't
know and I still don't understand what we've agreed to in terms to a commitment
or an agreement with a developer to allow discharge of storm water into drainage
basins that will be on golf course property. David can probably answer that.
Smith: From our initial comments on the review of the project, item No. 13 on our
site specific addresses the drainage ponds and the concerns and the problems
that existed with existing drainage facilities. The comment was that we do not
feel that it's appropriate for this developer to pass responsibility for the
maintenance to the golf course. Typically other developments ponds are similar
Meridian City Council
November 17, 1998
Page 5
facilities located within the homeowners association owned and maintained
common areas. The developers engineers response to that-to our comment
was from the inception of the Ashford Greens project in conjunction with the
development of this golf course, City of Meridian officials agreed to the concept
of a storm drainage swills within the golf course. In regard to the comment, the
drainage ponds did not function properly, we contend that they have and will
function quite well as designed during high intensity rainfall. Obviously they
needed some corrective action to make that happen. There has been a problem
with nuisance water which is being corrected at this time by the developer.
These corrections consist of insulation of rock trenches in accordance with
ACHD approvals. This worked to reduce nuisance and water problems will also
reduce light maintenance to mowing and broad leaf control normally performed
in maintenance of large turf areas. I don't know that I have a-we don't have an
agreement with them. I don't know that I've heard any proposal from the
developer as far as maintenance of these areas. It appears that that's being left
to the golf course as part of the golf course maintenance.
Rountree: Well being that the golf course is ours and we know that we have
drainage problems with their last bout of above normal rainfalls and we had to
partner with another developer to get some of those problems taken care of. The
engineers response (Inaudible) an agreement with the city. I guess I'd like to
have David recognized and bring that information forward again, but I would still
like to have that agreement (Inaudible) spell out what kind of guarantees the
developers are willing to stand by in terms of making sure that those facilities
work. If they don't' work that they agree to part of the cost of making them work
and taking care of any extraordinary maintenance cost that might be born by the
golf course.
Corrie: Hearing that, this isn't a public meeting, but Dave you want to give us
what you have on that? Hearing what has been said.
DAVID TURNBULL, BRIGHTON CORPORATION, 1246 W. EXPLORER DRIVE,
BOISE, ID.
Turnbull: Appreciate the opportunity to come up here. Let me just state that the
drainage issue became-you know this was a design issue, obviously. While the
response from our engineer indicates that the storm drainage will work well,
obviously there was a problem with the nuisance water. That's what caused the
problem with the maintenance. We had started on corrective action well before
this came to light in Ashford Greens No.3 and No.4 here. We were working
through that problem so it wasn't precipitated by the approval of these plats that
we initiated the action. We did work with ACHD to come up with a solution on
modifying the drainage swills that were already in the property, in the golf course
property to put this, the rock cringes that you see in here. It's pretty typical of
detail of other areas that you will see around the city. It seems to work very well,
Meridian City Council
November 17, 1998
Page 6
about the-just a few days following completion of those improvements there we
had a fairly good rain and it filled up those swills and within a matter of hours all
the nuisance water was gone. Some of the neighboring property owners that
have been concerned about he problem called our office to thank us for taking
care of the problem and everything seems to be working well. We have been
working with Ada County Highway District who has primarily-you know in the
normal course of things responsible for the maintenance of storm drainage
facilities. We are entering into an agreement with them to do the light
maintenance, any heavy corrective maintenance would fall under their purview.
So what we are saying I guess is other than normal mowing, trimming and broad
leaf control which is normal in any turf area and any golf course their should be
no maintenance requirements of the city or the golf course operator who is
leasing the property from the city. We are willing to take that responsibility under
our hospice within the owners association responsibilities.
Corrie: Does that answer a lot of your questions?
Rountree: There was an indication in your-not attorney, but your engineers
response to our concern that there is either an actual or an implied agreement
with the city to allow those (Inaudible) on the golf course.
Turnbull: Let me go back and address that from the very first planning stages
this is back when Mayor Kingsford was in office and I believe commissioner
Rountree you may have been here at that time, but most of the other faces have
changed. We have identified on the preliminary plat that was approved by the
city, various drainage facility easements around the golf course properties with
the understanding that detailed plans came back that those might shift back and
forth, but were identified on the preliminary plat not actually dedicated as
easements at that time understanding that the easement may need to shift a little
bit So-but the understanding with the mayor and the public works department
at that time, was that yes golf courses just like parks are used in other areas that
are appropriate facilities to take care of drainage like this. I guess, you know the
implications made that we are using the golf course property, but you kind of
need to understand it from our point of view. We are the ones that gave away
that golf course property. We are the ones that deeded it to the city. All we
asked for in return was an easement back to us to take care of some of the storm
drainage issues. So, I don't know this anything we are asking for a freebee from
the city-we feel like it's something that we already gave and it was discussed
right up front, we've been very clear on that issue from the very beginning and
had a fairly clear understanding of the city. If you go back on the preliminary plat
and the preliminary drainage plans, it will show those areas subject of course to
final design. Am I correct in that Gary?
Smith: I don't recall the preliminary plat details, I'm sorry.
Meridian City Council
November 17, 1998
Page 7
Turnbull: I do.
Rountree: This story line rings not necessarily true, but it's kind of hard to find
the truth in all that's gone on over the last few years as it relates to the golf
course.
Turnbull: Sure.
Rountree: I guess my concern is that and I guess we're back to discussion on
this is that if we move fOlWard with approval of these particular plats, that it
certainly be conditioned that we have appropriate agreements with the
developers as it relates to the drainage between the City, the developer in this
case the operator of the golf course because we're under some contract
obligations to that individual as well, and I don't think we as a City can even
though it is our property approve a plat without the golf course's input on thing if
it's going to have some bearing on their operation.
Turnbull: Commissioner Rountree may I offer one thing that may help solve that
problem. We will represent this and commit to this. Other than your normal
mowing, trimming, and broad leaf control, is consistent with any golf course
operation. We will agree to take care of like we've been discussing with Ada
County Highway District the month to month light maintenance of the project and
we actually have a draft that we have received some sample copies from the Ada
County Highway District of those types of contracts. We prepared a draft. In fact
I just received that today, which we will be submitting to the Ada County Highway
District tomorrow, but our representation our guarantee to you is that the City
other than those normal mowing, trimming and broad leaf control issues will not
be responsible for the maintenance of those facilities.
Rountree: And I appreciate that David.
Turnbull: And I think speaking to the other part I think you know you say that
what I spoke of rings true. I think that's memorialized in the fact that we already
have three drainage facilities within the golf course. That's been part of the
equation from day one and the first two phases have incorporated those drainage
facilities at the approval of the City obviously.
Rountree: I understand that as well, but I also want to point out that there have
been issues as it relates to those facilities on an ongoing basis have taken a fair
amount of time and energy to resolve.
Turnbull: I appreciate that, but I think you can understand that we've always
stood behind what we've said and we've taken care of the problem and any
problems that have existed, and I think those pictures that I submitted today and
the calls that we've had from the residents out there attest to that.
Meridian City Council
November 17, 1998
Page 8
Corrie: Any questions?
Bird: I have none.
Corrie: Thank you Dave.
Turnbull: Thank you.
Gigray: Mr. Mayor and members of the Council, you may want to ask the
developer and Gary Smith whether or not it would be appropriate if you intend to
make a condition of plat approval this one other point, which they've indicated
they're willing to do as to whether or not it might be appropriate that that
condition be that the final development plan show as a note on the plat that the
agreement would be in existence. I mean the language for that I think would be
developed but with Public Works and with the developer, because I that final
development plan will have to be resubmitted for your signatures before they
record it.
Smith: Mayor and Council I guess a note to that effect could be added to the plat
as opposed to the development plans. The development plans are not recorded,
but the plat is and if it's your wishes to have that as a matter of record, then it
might be appropriate to put that requirement on the plat. So it is of record.
Gigray: Mr. Mayor with your permission, my point would be that would be notice
to buyers and it would be a little more up front and as I understood the comments
by the developer as they intended this would be a homeowner association
responsibility so it might be good to have it there.
Corrie: Any other questions? Discussion of Council?
Rountree: I just have a question for Bill and other one as it relates to us
imposing something on an individual who leases property from the City and not
having them involved in at least getting an opportunity to review that activity may
impact their lease and their operation. Could they then come back on the City
and say well you've created an undue hardship on me and here's a bill for
remedy,
Gigray: Mr. Mayor and members of the Council, Councilman Rountree, to
answer your question, it may be prudent to review the lease agreement that you
have with the golf course to find out what right they have there and then also to
seek their permission as to whether or not this is something they object to. If
they have the right of possession, it would affect their rights, could. The one
other issue that you have to be concerned about is we need to double check the
time table for which the final plat approval was originally submitted to the Council
Meridian City Council
November 17, 1998
Page 9
for consideration because we have a 45 day requirement under the terms of the
ordinance. If you sought to table to get one more input.
Corrie: Mr. Clerk do you know the answer to that one? We're putting you on the
spot I know, but do you have idea when that needs to be done?
Gigray: I think it would run from the original date that the mater came before the
City Council, so it would be something that would start running when the final plat
was submitted for Council consideration. Was that in October?
Bird: Yeah, 10/6.
Rountree: That could be a condition of approval as well.
Gigray: Well the problem with that is that if you didn't obtain the permission of
the Lessee who in your opinion had the right to object, then I don't know what
that does to your decision making on this if they won't agree to that and what that
does to their development. That would be a concern to me.
Rountree: I guess I'm not so concerned that they won't agree to it. I'm
concerned that they don't know about it or they might know something about it,
but haven't had an opportunity to submit any information on it. There's work
arounds to make it work. I mean there may be a design modification that makes
it work with an established irrigation system in the golf course. I don't know if
there's a control box say where part of this drainage facility might be. Gary can
you answer that question? Do you know what infrastructures at these locations?
Smith: No, I don't Councilman.
Rountree: And a lot of that stuff on the golf course is kind of an unknown. We
don't have as built plans.
Smith: Right there may be some irrigation lines that we seem to find every time
ground is disturbed outside the right-of-way. I just don't know right off hand.
Corrie: Well we're at 42 days I'm told.
Gigray: You might ask the developer's representative whether or not they'd be
willing to waive that to bring it back with that information or not. If they don't, then
that means they force the issue for you to make a decision whether you grant
subject to conditions or deny it.
Rountree: But you are indicating a condition of that nature would -
Meridian City Council
November 17, 1998
Page 10
Gigray: In my opinion and my recommendation, I think a note on the plat makes
it a little easier for subsequent owners to understand when they have a
responsibility that they don't readily see by the fact that they are buying a lovely
home on a golf course. That's my point.
Rountree: There's not a question on that. The question is as it relates to the golf
course lease arrangements.
Gigray: I think it's a valid point that you raise. You're trying to make sure that
we're not making a condition or granting a condition of approval that's beyond
our authority because of the lease agreement, and I can't answer your question
because I haven't read the lease agreement. Usually possession and the right of
possession goes along with that. But if they consent and they don't have a
problem with it. Or if there is a right for that that's already present as has been
represented by the developer, we may be able to take the position that we can
do it anyway. I just haven't researched those particular things and I can't give
you an answer.
Bird: Can we approve with a condition of that? Can that we a condition on
approved?
Gigray: It could be. The only thing that bothers me about that is that we're talking
about drainage. We're talking about probably the right for them to construct a
road. It may be a condition that is imposed on them by the Ada County Highway
District if this is a road that is going to be publicly maintained, and if it doesn't
have drainage highway districts tend to get a little nervous about accepting roads
and so it just gets to be a bunch of dominoes.
Corrie: Bill did I hear you say something about the right of the developer would
waive the 45 -
Gigray: I thought you might inquire of the developer of what his position is and
certainly he has a right to be informed of what his rights are and that is to have a
decision made within the 45 day period.
Corrie: Dave?
Turnbull: Mr. Mayor and members of the Council, it would seem to me that this is
something that really has to be worked out at a staff level anyway and probably
with some review from legal and public works department. It would be my
preference that the plats be approved tonight with those conditions in place. I
think these are obviously things that are easily worked out and typically we don't
work design issues out at the City Council level. That's left up to the staff to take
care of. So if the Council feels comfortable with letting staff take care of the
Meridian City Council
November 17, 1998
Page 11
minutia I would prefer that we just move it along and let them do that with the
appropriate conditions attached.
Gigray: Mr. Mayor can I comment on that? As the City Attorney, I'm certainly
willing to do whatever the Council directs and the Mayor directs and of course the
developer has indicated his willingness to work with staff. I can tell you that my
preference as your city attorney is not to do that on final plats, because that's the
final action and then these have to come back for your signature and if
somebody isn't happy with the note or it doesn't do what they said they were
suppose to do and somebody comes back and complains about it, I think it can
create a problem. If it's worked out what it's going to say, the final plats approved
without conditions I think is a far more preferrable process. But we'll do what you
direct.
Rountree: I guess I would like to hear David's response to the question about
waiving the 45 days for maybe another two weeks.
Turnbull: I really don't mind the 45 days so much although we've already been
deferred 42 days, which is a rather long deferral anyway. I've never seen a final
plat of any sort in any city approved without conditions. There are always
condition that have to be worked out. I've never seen you know if we come back
here in 120 days and want to get your signature on the final plat and we haven't
met those conditions, then it just flat out doesn't get approved, it doesn't get
signed off. If you want to give me plats without conditions I'll be glad to take
them, but I've never seen one.
Corrie: I understand that. There is a problem you probably don't see here, but
okay.
Turnbull: I mean the 45 days isn't a big deal to me. I just don't want to be
deferred another 42 days and you know we're just sitting here spinning our
wheels over little things that I don't think the Council members would rather have
the staff level take care of them. It's obviously entirely up to the Commission.
I'm not going to buck you one way or the other on this. I just think it's normal to
have conditions placed on a plat and then we go through and work out with your
staff those conditions to their satisfaction. If we don't get their satisfaction, they
come back to you and say we can't recommend signing the plat, and signing the
plat is really the final action.
Gigray: Mr. Mayor just a point of information you may clarify with the developer.
I don't think you are going to need 45 days. I just wanted to clarify that he has a
right to have you make a decision in 45 days. I could assume this could be
resolved by the very next meeting.
Meridian City Council
November 17, 1998
Page 12
Bird: What's the 45 days? The 45 days started October 6th. So we're 42 down.
We got three more days before he has to extend.
Gigray: Correct.
Corrie: Well the developer would like to have it done tonight. City Attorney
asked that it not have conditions on it, so-
Rountree: Mr. Mayor I would move that we approve the final plat conditioned on
staffs comments, the resolve of a plat note that would indicate the maintenance
of these drainage ponds or basins within the golf course as it relates the
homeowners and that the final design of these drainage basins be reviewed and
accepted by the operator of the Cherry Lane Golf Course.
Bird: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve
the final plat with the conditions as stated. Any discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.2: FINAL PLAT FOR ASHFORD GREENS NO.4 BY BRIGHTON
CORPORATION - PORTION OF THE W % OF THE % OF SECTION 3, T.3N.,
R.1W:
Corrie: Staff any additions or comments to this item number?
Smith: I have none Mr. Mayor.
Stiles: I have none.
Corrie: Council any questions?
Bentley: I have none.
Bird: I have none.
Corrie: Okay I will entertain a motion on item number two.
Rountree: Mr. Mayor I move that approve the item number two final plat for
Ashford Greens NO.4 with subject to the conditions of staff that appropriate
language for a note on the plat as it relates to the maintenance and operation of
the drainage ponds on the golf course be resolved and placed on the plat and
Meridian City Council
November 17, 1998
Page 13
that the final design and location of the drainage ponds be subject to review and
approval of the operator of the Cherry Lane Golf Course.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the final
plat of Ashford Greens NO.4 with the conditions as stated. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.3: PUBLIC HEARING: REQUEST FOR VARIANCE FOR
WHITESTONE ESTATES NO.3 BYWHITESTONE DEVELOPMENT
COMPANY, LLC - SOUTH OF FRANKLIN ROAD AND WEST OF LINDER
ROAD:
Corrie: At this time I will open the public hearing and I will invite the staff
comments first.
Stiles: Mr. Mayor and Council this is for a preliminary plat that has already been
approved. We're a little backwards having the variance come after the approval
of the plat. When they redesigned the project to accommodate the elementary
school site south of this project, they had a little problem on the frontages. The
lots are large, but they do not meet the minimum 40 foot chord requirement of
our ordinance. I guess I would like to hear some suggestions from the applicant.
If maybe they could propose a shared driveway for those two lots or something
that might work a little better with that and decrease chord length on those two
lots.
Corrie: Gary anything at this point?
Smith: No, I have no other comments Mr. Mayor.
Corrie: Since a public hearing, I'll invite the representative from Whitestone to
speak first. Are they here this evening? Mr. Eddy.
CHARLES EDDY WAS SWORN BY THE CITY ATTORNEY.
Eddy: Mayor and City Council as Shari stated this preliminary plat was revised
from the initial submittal to accommodate Ada County Highway District's request
for a turn around that you see in front of you. In doing that, the lots 11 and 12
needs to be restructured to accommodate the new turn around and the new right-
of-way configuration. The frontages for the two lots are less than 30 feet on the
chord, however a typically driveway being 20 feet in width would fit within that 25
feet very easily. There just be a limited amount of grass at the very edge of the
Meridian City Council
November 17, 1998
Page 14
right-of-way. As you can see the plat, the lots v out pretty quickly and become
wider so the visual effect that you would see is just the concrete drive up front
with maybe a strip of grass and then as it goes back towards where the house
would be placed you'd have the landscaping. Our request for the variance is due
to the fact that we revised the plat to accommodate Ada County Highway District
as well staff's comments. So I believe that a shared driveway would not be
necessary in this particular instance. Is there any questions that you might
have?
Corrie: Council any questions?
Rountree: What are the resulting lots sizes square footage wise?
Eddy: I don't have that off the top of my head. I couldn't tell you.
(Inaudible)
Stiles: I don't have the sizes here, but they at least appear to be over the 8,000
minimum.
Eddy: I can guarantee they are over 8,000.
Rountree: I have no other questions.
Corrie: Is there anyone else from the public that wants to issue testimony in
favor of this variance?
(End of Tape)
Corrie: Is there anyone here that would like to issue testimony in rebuttal of this,
not in favor? Council, questions, discussion? I need a motion to close the public
hearing.
Bird: Mr. Mayor I move that we close the public hearing.
Anderson: Second.
Corrie: Motion made and second to close the public hearing on item number
three. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Any further discussion?
Rountree: Question procedurally. We need Findings of Facts on a variance.
Meridian City Council
November 17, 1998
Page 15
Gigray: Mr. Mayor and members of the Council, point of information you should
have in your packet a memo from me that just outlines Findings and the
procedure relative to a variance and the Council action for consideration is at the
tail end of this, and I also have a recommendation just for point of information
that you might want to consider at some point an ordinance change because the
permit can be granted at the P & Z level. This doesn't even go under your
ordinance to P & Z. It starts here. That's a matter of your discretion as to
whether or not you would want to make any moves in that direction, but we would
have to do Findings of Fact and Conclusions of Law before you finalize this.
Corrie: I think if I'm not mistaken Mr. Gigray, it's the first one there. After
deliberations completed under your public hearing matters. Is that correct?
Gigray: Oh, yeah, and I was referring to this memo that went with item number
3. But yes, you are correct. That would be the motion.
Corrie: If no further discussion I'll entertain a motion on the variance.
Rountree: I have to read the new directions first.
Gigray: Mr. Mayor with your permission a point of information. Just as an aid to
the Council, I've just submitted a memo to you for consideration as a possible
way you may want to frame motions in relation to this type of matter. I believe it
would be appropriate at least in those motions when you direct the Findings that
you let me know how you want those findings to go. In other words this memo
here this item number three is a criteria of your ordinance for granting a variance
and if you feel the presentation has met that criteria then you would simply state
that it is and you would direct me to do Findings and Conclusions in accordance
with a finding that a variance should be granted. If you feel it should be denied,
then you'll tell me about that as well, but I'd have to do Findings for your
consideration the next meeting either way.
Rountree: Mr. Mayor I move that we direct that Findings of Fact and Conclusions
of Law and Order be prepared in accordance with the application and that the
Findings of Fact and Conclusions of Law reflect favorably upon the request for
granting a variance having met and (inaudible) that does not appear to be
contrary to public interest. And there were special circumstances as it related to
the school on ACHD's requirements in order for the applicant to strictly adhere to
the City ordinances.
Bird: Second.
Meridian City Council
November 17, 1998
Page 16
Corrie: Motion is made by Mr. Rountree second by Mr. Bird to have the attorney
draw up the Findings of Fact and Conclusions of Law as stated. Any further
discussion? Hearing none, all those in favor of the motion?
MOTION CARRIED: All ayes.
ITEM NO.4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS - EAST OF
W. 7TH AND SOUTH OF IDAHO:
Corrie: I'll open the public hearing and have staff report. Shari?
Stiles: Mr. Mayor and Council this is for an existing townhouse development
apartment complex at ih and Idaho. Idaho dead ends there. They have
submitted for the preliminary plat and the conditional use permit because they
didn't meet all the requirements of the ordinance for the zone that it's in. It's in a
R-15 zone. I think it provides a good opportunity for home ownership for people
that may not otherwise be able to afford it, and staff has no problems with the
request and would recommend approval.
Corrie: This is a public hearing request. Would the developer like to issue
testimony in this item?
BOB UNGER WAS SWORN BY THE CITY ATTORNEY.
Unger: Mr. Mayor and Council, my name is Bob Unger. I'm with Pinnacle
Engineers and we represent the applicant on this. Our address is 870 N. Linder
Road, Suite S, Meridian, Idaho. As staff reviewed, what we're proposing is to
take two existing four plexes and convert them into townhouses which would be
8 living units. Included with that there are each unit has an individual carport and
that would also one individual carport would be tied to each one of the individual
townhouse units. We are requesting zero lot lines since it is already - the
structures are already built. The area that I have in gray over there, that's our
concrete patios and driveway parking area and sidewalks. The area in green is
landscape areas and grassy areas for recreational use within the development
itself. That would be lot 9 is actually the dedicated open space. We have
provided covenants for the use and maintenance of the open spaces. And I
believe a copy of that was provided in your materials. We are also as required
ACHD providing a cross access agreement for the use of the driveway and
parking area. The property in the area or surrounding this is all zoned R-15 and
it's made up of duplexes and four plexes similar to what we have currently on the
site. Each unit will be provided with individual utilities which include sewer and
water. In fact those were specific requirements by your staff and public works
department. We feel that since this is an existing facility that there should be no
adverse impact on the surrounding, the streets or the services. In fact we feel
Meridian City Council
November 17, 1998
Page 17
that probably that under individual ownership it will probably be less impact on
the area in that individual ownership usually see better maintenance of the
buildings and the area there. We have reviewed the comments from staff and we
have no problem with compliance with those comments. And we ask for your
approval and I'm open for questions.
Corrie: Questions from Council.
Bird: I have none.
Bentley: I have none.
Rountree: I have none.
Anderson: I have one. How do you do zero lot lines and how do you take into
consideration that carports I guess. Is that going to stay going to stay a common
area, the carports?
Unger: No, the carports we will tie -let's say for instance we will tie lot number
one to lot number eight which is one of the carport lots. Those will be tied
together under one ownership and then lot 2 and lot 7 and so forth. So in other
words for each dwelling unit lot there will also be an accompanying carport lot.
Anderson: So in fact there will be two lots then.
Unger: Right. Each individual will own two lots. Correct.
Anderson: Then how are you going to accomplish the separate utility hookups
for each one? Are they going to be re-dug and new meters and all that?
Unger: Yes, sir.
Anderson: Okay. I have no other questions.
Gigray: Mr. Mayor and members of the Council just a point of information. I
have a little memo on this item that I've distributed as well. One of the things I
point out my reading of the transcript and minutes of the Planning and Zoning
Commission as they approved this preliminary plat and I didn't see any
conditions on the approval. I'm hearing the developer say that there may be staff
comments which they are in agreement with. You may want to clarify with staff
whether or not there are comments that should be conditions of plat approval so
that we clarify at this point where we're headed in that regard.
Stiles: Mr. Mayor and Council I would just ask that you incorporate the
conditions in our memorandum dated August 7th, 1998 as conditions of the plat.
Meridian City Council
November 17, 1998
Page 18
Gigray: Mr. Mayor just a point of information procedurally you may ask the
developer if that's what he understood the conditions were.
Unger: Mr. Mayor and Council just for clarification, we have general comments
one through four which is on page one of your - the memo and then we have site
specific comments one through five. I just want to clarify which ones we're
talking about. Actually I see no problem with any of the one through four or one
through five so we're fine with that.
Rountree: And that's the August 7th memo?
Unger: Yes, sir.
Corrie: Is there anyone else from the public who would like to issue testimony in
support of the item number four? Hearing none, is there anyone from the public
who would like to issue testimony in this?
TERRAL JERRITT 624 W. BROADWAY, MERIDIAN WAS SWORN BY THE
CITY ATTORNEY.
Jerritt: Okay on the Joyson property next to those townhouses is a vacant lot,
and that property I was told is zoned R~15 by a man. His name is Ron Walsh,
and he's definitive property owner. He is telling us that this piece of property
that's next to those townhouses is going to be wanting to have a triplex put in
there. That lot, I'm not real sure how wide it is, but the house to the east of that
is Clarence Conner's place and we're directly to the west of that. Do you have
one of these that you mailed out to us? The "x right here is where we live. This
is the townhouses that they wanted to subdivide out and this piece of property
goes clear up here. I'd like to discuss this because it's been surveyed to the new
survey. (Inaudible) Weill have nothing else to say. She told me I was in the
wrong place.
Rountree: Probably in the right place, maybe the wrong time.
Corrie: Is there anyone else from the public that would like to issue testimony in
opposition to this request for preliminary plat? Hearing none, Council?
Bird: I have none, but I will make a motion to close the public hearing.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public
hearing. All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
November 17, 1998
Page 19
Corrie: Discussion of Council?
Rountree: I have no particular comments, Mr. Mayor, I would move that we
approve the preliminary plat for item number four Terra Townhouse Subdivision
subject to staff conditions as indicated in the August yth, 1998 memorandum to
the applicant.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve request
for preliminary plat subject to staff conditions as stated in the motion. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE
SUBDIVISION BY JIM HICKS - EAST OF W. 7TH AND SOUTH OF IDAHO:
Corrie: At this time I will open the pubic hearing. Any further comment from
staff?
Stiles: No further comment, Mayor.
Corrie: Since this is a public hearing, anyone would like to issue testimony in
approval of this request for conditional use permit? You can just say the same
thing if you want. I would like for you to come up here because it's a public
hearing so they can get it on record. Thank you.
Gigray: I can just ask him to acknowledge that he's still under oath for purposes
of this hearing.
Corrie: You are still under oath for purposes of this hearing. Your name please.
Unger: Yes, sir I understand. Once again my name is Bob Unger with Pinnacle
Engineers. We represent the applicant and our address 870 N. Linder Road,
Suite B, Meridian, Idaho and we would just like to go on record as saying we
reiterate what we said on item number four.
Rountree: You have seen the Findings of Fact and Conclusions of Law and
conditions?
Unger: Yes I have.
Rountree: You have no questions or concerns?
Meridian City Council
November 17, 1998
Page 20
Unger: We have no problems with it whatsoever.
Rountree: Thank you.
Corrie: Is there anyone in the public that would like to issue testimony in
opposition to this conditional use permit? Hearing none, Council, I'll entertain a
motion for closing the hearing.
Bird: Mr. Mayor I move we close the public hearing.
Bentley: Second.
Corrie: Motion made and second that we close the public hearing. All those in
favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Public hearing is now closed. Discussion from Council?
Bentley: I have none.
Bird: I have none.
Rountree: None.
Corrie: I will entertain a motion on the request for conditional use permit.
Bentley: Mr. Mayor the Meridian City Council adopt the Findings of Fact and
Conclusions of Law as submitted by Planning and Zoning,
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the
Findings of Fact and Conclusions of Law as submitted by the Planning and
Zoning Commission.
ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea.
MOTION CARRIED: All ayes.
Gigray: Mr. Mayor point of procedure for the record can we also would the
Council consent that we could prepare the appropriate order granting the
conditional use permit for the Mayor's signature as administrial act. What we're
proposing to try to do with all these conditional use permits is that we'll do a
Meridian City Council
November 17, 1998
Page 21
separate order so that when people need to follow up on them, we don't have to
hunt through Findings and everything else. We're going to try to start doing that
with your permission, and I just thought I would clarify that. Make sure we're not
out of bounds here.
Bentley: That was my next question.
Corrie: Do we need a separate motion to that affect?
Gigray: I think the - was it Councilman Rountree that made the motion.
Rountree: Mr. Bentley.
Bentley: Yes, that would be fine with me. Mr. Mayor, Mr. Gigray in the future do
we just incorporate this all in one motion?
Gigray: I have this little handout here was just designed to be a little aid in that
regard and these as a matter of follow up would just authorize the Mayor to do it
because under the open meeting law, we have a provision that ministral acts are
not required to be done in an open meeting. I think we can take advantage of
that provision and if you make a specific directive in the motion, I think it clarifies
that that's going to happen. I've been involved in hearings where Findings have
been issued by person that we're done in an open meeting or wasn't even given
authority to do it. I think it raises an issue, but I think if it's part of the motion it
clarifies it completely and I think for follow up and code enforcement and
whatever, it's going to be a lot easier to just have a separate order on the permit.
And we can just have the Mayor sign it without having to fuss with coming back
here again.
Bentley: My question being on - you list four steps. Do you want all four steps
to be included in the motion?
Gigray: I think I would appreciate it, but I mean that's what I would propose we
do.
Bentley: Okay thank you.
Corrie: I guess I need clarification Mr. Gigray. Do we need the decision and
recommendation now? Or is that just part of the --
Gigray: Well that's what you are actually doing, because you're adopting
Findings and Conclusions Order of Decision. That's what you are doing and
that's what that motion that was already passed did was part one.
Corrie: We'll get the hang of this City Council -
Meridian City Council
November 17, 1998
Page 22
Bentley: So you need a motion on the decision since we didn't incorporate that.
Gigray: I think at some point when you are comfortable with this. If you are you
can start making these motions like this. If you want to start now, that's going to
be a matter of your own decision.
Rountree: Mr. Mayor this is all a new learning experience for us with new legal
counsel and we are changing history or we are setting new precedence for the
City Council. The last Findings of Fact and Conclusions of Law that we dealt
with were actually Findings of Fact and Conclusions of Law and Order of
Decision and we made motions as it related to that. This particular Findings and
Facts is consistent with the procedure and format that we are accustomed to
from past practices and from the previous attorney. I guess that's getting a little
confused, We have this format and the last time we had a different format. I fully
appreciate your help and direction on this, but it would help us from stumbling
along I think if at least the format of the documents would come durressed and
then the motion - the motion in fact would have been motion for Findings of Fact
and Conclusions of Law and Order of Decision. Historically we've done two
motions to get that accomplished and what we're talking about now is one motion
to accomplish several things. So we're all learning and we'll figure this out, but I
can see Glenn's confusion because I wasn't sure where we were going either.
Bear with us. We're going through a process that is new to all of us.
Bentley: Mr. Mayor and also we're working off the old style, trying to incorporate
the new style. So when we get P & Z up to the same spot then everything will
flow together. So do we need any more motions on this? Just to clean it up.
Bird: We need a decision and recommendation.
Bentley: Okay let's do this. Mr. Mayor, I would make a motion that - I don't
know. That the City Attorney prepare the appropriate permit and order and
confirmation with this decision that the Mayor be empowered to sign the same
administrial act as necessary to carry out this decision and that the City Clerk
serve a copy of the Findings of Fact and Conclusions of Law and Order of
Decision and the permit order upon the applicant and the Planning and Zoning
Director and any interested party requesting notice of decision.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird. Any further
discussion on the motion on the floor? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
November 17, 1998
Page 23
Corrie: Now we're moving ahead.
ITEM NO.6: PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE
DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY
TROUTNER BUSINESS PARK DEVELOPMENT CORP. - S. WEST FIFTH
AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD:
Corrie: I will now open the public hearing and staff?
Stiles: Mr. Mayor and Council this is a request from the applicant. I have been
working with them to remove the requirement for a conditional use permit on
every lot in the Troutner Business Park. They have agreed to retain the
conditional use requirement for the limited office lots that are adjacent to the
single family residential development to the west. This was initially annexed with
a conditional use permit requirement on every lot. However they are shown in
the Meridian Comprehensive Plan as existing urban area, and I think with the
quality of the development that is taking place and will be taking place, and the
covenants that are in place for that subdivision. I felt it was in the city's best
interest to remove that requirement to not impede the development of that
subdivision.
Corrie: Any questions of staff at this point? Since it is a public hearing, I invite
the - is anybody here from Troutner this evening that would like to issue
testimony. Mike are you out - he had his little girl with him. She might have
decided to go to bed. Is there anyone else from the public who would like to
issue testimony in favor of the request number six? Hearing none, is there
anybody from the public who would like to issue testimony opposing item number
six? Okay, hearing none, I'll entertain a motion from Council for public hearing
closure.
Bird: Mr. Mayor I move that we close the public hearing on item number six,
Troutner Business Park.
Bentley: Second.
Corrie: Motion made and second that we close the public hearing on item
number six. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
Corrie: Council discussions?
Meridian City Council
November 17, 1998
Page 24
Rountree: Mr. Mayor we've seen this application I think it was two additional
times in the past and I think it's something that we had general agreement on
and passed on to Shari thank you for seeing the need to do this in assisting the
developer in this particular situation. Having said that I would move that City
Council amend the Findings of Fact and Conclusions of Law number 13 and 14
of the annexation and zoning of the subject property and that the development
agreement dated April 29th, 1997 be amended to reflect that change.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to the Findings of Fact
and Conclusions of Law on the request as stated. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes,
Corrie: Does this require a roll call vote? This one might. We can. Let's go
back and do a roll call vote.
ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea.
MOTION CARRIED: All ayes.
Corrie: I want to thank the public for being very patient with us. We're learning
more as we go through here.
ITEM NO.7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
LAKE AT CHERRY LANE NO.8 BY STEINER DEVELOPMENT - PORTION
OF NW% SEC. 3, T.3N., R,1W:
Corrie: At this time I will open the public hearing. Staff, comments from Shari
Stiles.
Stiles: Mr. Mayor and Council this development is basically the same as it was
when it was initially proposed by Brighton Corporation. This is the area where
the water line does need to be extended to loop to the Ashford Greens property.
One item that wasn't discussed at the Planning and Zoning level and I did some
more research on it to find out where we were on tiling the ditch. Brighton
Corporation had submitted a variance application for the Safford Lateral and the
Eight Mile Lateral on properties they had under option at that time. The variance
was never acted on and the last discussion that was held at City Council was
Councilman Rountree had brought up the fact that this was to be part of the
clubhouse area and the parking area and they wanted to figure out exactly how
that was going to be developed to make sure that they corrdinated the proper
Meridian City Council
November 17, 1998
Page 25
construction on those areas. This what you see on the plat as lot 24, which is
the Eight Mile Lateral Easement. That is in fact the area that will be part of the -
or was proposed as part of the parking lot for the clubhouse. Now if they just
proposed to just fence that off, I think it may provide some problems. I don't
know what kind of agreement has been made with Wally Lovan on development
of that site, but a variance has not been granted on this. I noticed from Mr.
Gigray's note, he said that a variance would need to be applied for and the last
indication I had on the variance the tiling of ditches variance was that that did not
require a variance application to be filled out. It could be waived by the Council
without going through the variance. But if that's changed, let me know. That is
the main issue for this project. I don't know if Gary has some more comments on
that.
Smith: I have no other comments, Mr. Mayor and Council.
Corrie: Any questions for Shari?
Rountree: Not at this time.
Gigray: Just to clarify you got a copy of my memo. I just ask a question and is it
and I think that she's answered that it isn't. I didn't say it was.
Corrie: Is there anyone else from the public that would like to issue testimony in
favor of this or is the developer is here. Mr. Eddy.
CHARLES EDDY 1295 S. EAGLE FLIGHT WAY, BOISE, IDAHO WAS SWORN
BY THE CITY ATTORNEY.
Eddy: I present to you today, Mayor and City Council members a somewhat
unusual project for the Steiner Development Corp. in that it's zoning compliant.
Rountree: Can we make a bumper sticker on that?
Eddy: The project is in fill between the Lake at Cherry Lane NO.4 and Ashford
Greens development. The sewer is already installed. As Shari stated the water
line will need to be constructed with this development as well as the curb, gutter
and streets. The current zoning is R-4. All the lots meet the minimum standards.
In relationship to the common lot, lot 24, I'm not sure which design Shari was
referring to with the parking lot. I wasn't aware of any parking being utilized on
this particular area. This is part of a -this entire area was broken up into
numerous parcels with the golf course and Ashford Greens development. This
particular parcel is as you see here was one description. So I'm not quite sure
where the parking came from and I know as being involved in trying to figure out
where the clubhouse is going to go and where the parking is going to go that we
- I went through many iterations on how that was going to come out. As with the
Meridian City Council
November 17, 1998
Page 26
tiling of the ditch, it's my experience in the past that the City Council has waived
tHing of ditches a number of being used is usually being 48 inches or greater.
The size of a pipe required. The Eight Mile Lateral is quite a bit larger than what
a 48 inch pipe would hold, and we would request that the tiling of that ditch be
waived in accordance with what the City Council has done in the past. I'd be
happy to entertain any questions you might have.
Bird: I have none.
Rountree: I have a question about the small vicinity map on the plat. The area
that's identified as the Lake at Cherry Lane No.4 Subdivision, the southern
portion of that seems to include what now is part of the golf course.
Eddy: That is correct in that plat there was a lot that was dedicated to the golf
course. I think it's currently number two.
Rountree: Yes. And potential location for part of the new clubhouse facilities. I
just wanted to get that cleared up.
Eddy: I think the part that's directly south of lots 20-23 was probably where the
golf clubhouse is going to be.
Rountree: We don't have any greens in these lots, do we?
Eddy: No, sir, we don't.
Rountree: You did this survey?
Eddy: Number 4? Yes.
Rountree: And the one we have is a point of reference from past development
was actually a surveying layout done by Hubble, and it does in fact that area of
Eight Mile Drain being incorporated in the area that would be the eventual that
whole corner there at the intersection of those two streets.
Eddy: Is this the initial preliminary plat that Hubble submitted for this
development?
Rountree: Yes.
Eddy: I could state that that as far as the golf course was concerned and parking
and the clubhouse that that went through numerous revisions in working with
Wally and trying to get everything to fit in there with parking and the clubhouse. I
don't know to be honest I don't know where that finally ended up. I guess Wally
Meridian City Council
November 17, 1998
Page 27
would be the one because he was looking out for his best interest in the golf
course.
Rountree: Well the other issue that related to that and I don't know if it has any
bearing on this subdivision or not but I think it may is that there was at least a
portion of that Eight Mile Lateral that was to be tiled in order to have continuity
between the parking lot and the golf course. As it is now, there is no provision for
linking the two. I'll bring that up for discussion later, but can you relate anything
to that? Has there been any position stated by your employer on what their
desires are for Eight Mile Lateral other than a variance to tile the entire section?
Eddy: They would desire not to tile it. And I have not heard any discussions
from Wally concerning any type of parking on that and Steiner the Campbells,
Bob and Doug have not communicated to me any questions that Wally might
have on his parking for the clubhouse.
Rountree: Okay that's alii need.
Corrie: Questions?
Bird: I have none.
Bentley: I have none.
Corrie: Anyone else from the public who would like to issue testimony in favor of
this request? Hearing none, is there anybody from the public who would like to
enter testimony in opposition to this? Okay, I'll entertain a motion to close the
public hearing.
Bird: Mr. Mayor I move we close the public hearing on item number 7.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to close the pubic
hearing on item number 7. Any further discussion?
Bird: Mr. Mayor I would like to ask staff if the only thing in Planning and Zoning
come out was a condition that City Council waives the tiling of the ditch
requirement. Was there any other conditions out of staff regarding that?
Stiles: The only comments that we have were contained in our memo of October
ih, 1998.
Bird: Is that in our packet? I don't have anything in my packet from October ih
Shari. Yeah, I see it here. Mr. Eddy have you seen that?
Meridian City Council
November 17, 1998
Page 28
Stiles: Mr. Eddy has seen it and responded with a letter dated October 13th,
1998.
Eddy: You are speaking to the staff comments? Yes, we did receive them and
we did respond to them. My only request reading through the comments was
number one general comments concern the ditch.
(End of Tape)
Stiles: Mr. Mayor and Council on these plats, I guess when we go through these
comments, and we have the statement at the beginning of our comments that
these conditions should be considered in full unless expressly modified or
deleted by motion of the Meridian City Council, we would like that to be a
requirement of all of these developments that all staff and agency conditions
apply unless they are expressly deleted by motion of the Council. I think it might
make it a little-
Bird: He say we can't do it.
Stiles: Why?
Gigray: The City Council is the governing body, not the Planning and Zoning
Department. It's the City Council action that set forth approvals or denials or
conditions, and that's the way your ordinance states. If you are going to amend
your ordinance to provide that staff comments are automatically accepted unless
excepted by Council action, we need to modify an ordinance to do that. And I
would find that an unusual practice.
Bentley: Mr. Mayor I call for a question.
Corrie: Question has been called for. All those in favor of the motion say aye.
Do I need to remind you what the motion is?
Rountree: Please do.
Corrie: That's to close the public hearing. All those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
Corrie: The public hearing is closed. Now this questions and decisions.
Bentley: I figured that was happening.
Meridian City Council
November 17, 1998
Page 29
Corrie: We'll get the hang of this. So we have a request for preliminary plat for
Lake at Cherry Lane NO.8 by Steiner Development. Council what's your
pleasure.
Rountree: Mr. Mayor, I don't have any difficulty with the preliminary plat per say,
but again it gets back to this issue of commitments that have been made and
forgotten or commitments that somebody thought were made and have been
misconstrued as it relates particularly to the tiling of Eight Mile Lateral and the
operation and activities around the future clubhouse at the golf course. I think it
has some direct bearing on this plat and/or commitments that mayor may not
have been made by the previous developer owners. I would like to see those
issue resolved because I know they are going to come back to haunt us. And I
would like to have that cleared up before I could recommend moving forward with
the preliminary and ultimately the final plat. I guess my preference would be that
it get done at the preliminary plat stage and that the developer, City Engineer, or
Assistant City Engineer has been in some of these meetings with the golf course
and the developers, sit down, hear what both the developer and the golf course
and the City can best remember have been commitments made. Get that
resolved, get it brought back to the Council, so we can get it in the record, and be
done with it once and for all for both the benefit of the developer and possibly the
city. But if for no other reason we get it on the record and get it done with so it
doesn't become as it continues to be a perpetual problem for staff. Some of us
Council members that have to listen to it all the time and the developers who are
continually getting beat up over the thing, so I would like to consider tabling this
and directing the developer and city staff to work with the golf course and resolve
the issue as it relates to the operation of the future golf course clubhouse and
what mayor may not be an official record or promises made as it relates to the
tiling of the Lateral and parking and be cleared up and bring it back. We can get
that entered into the record and future Councils will at least have something to go
by where this particular Council has nothing more than back room agreements
and who knows what all that's gone on. It continues to be a mystery.
Corrie: Mr. Bentley.
Bentley: Mr. Mayor, thank you. I would agree with Councilman Rountree. This
has been kind of a nightmarish project from the beginning, and the preliminary
plat looks fine to me also, but I could not move on doing this until we have this
ditch issue settled as far as whether it does or doesn't play into the parking area.
So I would concur with his assessments.
Corrie: Further discussion from Council?
Bird: I have none.
Meridian City Council
November 17, 1998
Page 30
Anderson: I guess I agree with Councilman Bentley. I have no problem with the
plat. If this issue is going to affect the clubhouse and the parking, I would like to
get that resolved and on record before we vote on this.
Corrie: I'll entertain a motion for the table either to the 1st or the 15th of
December if that's so desired.
Bird: Mr. Mayor I move that we table item number 7, the Lake at Cherry Lane
No.3 by Steiner for not to go by 45 days and to require the developer, staff and
golf course Lessee to work this Eight Mile Lateral problem out, and negotiate the
items in accordance with 11-9-604E 5 Municipal Code.
Rountree: I'll second that if you know what it is.
Bird: I don't know what it is, but that's what it says here.
Corrie: Motion is made by Mr. Bird second by Mr. Rountree that on the motion
Mr. Bird. Discussion?
Bentley: Mr. Mayor welre going to need a date as what we're going to table it to.
But my question to staff is what would the time line be for them to possibly get
this ironed out.
Stiles: Mr. Mayor and Council we believe we could have a meeting scheduled
and have results of that for your meeting on December 1st.
Corrie: You can do it by December 1st.
Bentley: Then I would make a motion to amend it that it be prepared by
December 1 st, 1998.
Corrie: You are just making a motion that it be done by then.
Rountree: I'll second that.
Corrie: Motion is made by Mr. Bentley to amend the motion to retable to 12/1/98
and second by Mr. Rountree. Any further discussion? Voting on the amendment
motion] all those in favor say aye.
MOTION CARRIED: All ayes.
Corrie: We do have to vote on the original motion. Okay, all of those in favor of
the original motion as stated, say aye.
MOTION CARRIED: All ayes.
Meridian City Council
November 17, 1998
Page 31
Eddy: Mr. Mayor may I ask a question of City Council? Will the public hearing
be reopened on December 1 st?
Corrie: No.
Eddy: And second of all is City Councilor Mayor aware of what Mr. Lovan has
done in the recent months as to the layout of the clubhouse and the parking?
Corrie: As far as I know we haven't heard anything yet, but we hope we do by
December 1st.
Eddy: Okay, thank you.
Rountree: He's got something cooking.
Bentley: Mr. Mayor I move we take a ten minute break.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley second by Mr. Bird that we take a ten
minute break. All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
(TEN MINUTE BREAK)
ITEM NO.8: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL
CARPET STORE BY CLAY HARTZ d/b/a FASHION FLOORS AND INTERIORS
-126 KING STREET:
Corrie: This item was on the agenda for Planning and Zoning Commission and
according to the minutes the commission denied their request for their action
under 11-2-418A and H of the Municipal Code. Pursuant to the Municipal Code
11-2-418E there is no public hearing held before the City Council the subject of
the property Old Town. Council you have before you an item from Mr. Gigray
stating what can and should be done here. The recommendation that he had is
decide whether to determine the matter on the record before us and we can
make that decision and direct the legal staff to prepare Findings of Fact and
Conclusions of Law and the Order of Decision. Or you have the choice to direct
that a public hearing be held and provide notice in accordance with the ordinance
requirements. So with that in mind, I'll leave it in your capable hands to - Mr.
Gigray do you have any further comment on this?
Meridian City Council
November 17 I 1998
Page 32
Gigray: Mr. Mayor and members of the Council I just tried to provide this
informational memo and it addresses procedure only, and for those in attendance
this isn't a comment at all on regarding any of the facts presented with this
conditional use permit application. Because there are no Findings of Fact and
Conclusions of Law to adopt in this instance, you have as I understand it, I think
you need to identify what record there is here that you would make your decision
upon. If you seek to make a decision without a public hearing, and then you
would deliberate on that information and announce what your decision is and
direct me to prepare Findings of Fact and Conclusions of Law and Order of
Decision.
Bentley: Mr. Gigray so what you are telling me is these don't exist then.
Gigray: No, I'm saying what doesn't exist that there are not Findings of Fact and
Conclusions of Law and Order of Decision. I think what you have there isn't that
the minutes of the proceedings? And so there's was recommendation from the
Planning and Zoning Commission as referenced in the minutes of the
commission recommending a denial of this application. We are required by state
law the governing body, which you are, to issue Findings of Fact and
Conclusions of Law and Order of Decision. So you can proceed to do that.
From your review of what record there is in this particular matter and I
recommend as a procedure in this instance where we're not holding a pubic
hearing that you at least identify for purposes of this record what that is. To my
knowledge it consists of the request and the minutes of the proceeding for the
Planning and Zoning Commission and the Clerk may have a complete set of
what the record is that was before the Planning and Zoning Commission. The
reason I ask for the clarification is that if you direct me to prepare Findings, it is
from that record of course which I will work to complete that process.
Corrie: Shari, on this item 13 of Planning and Zoning, it says a public hearing
request for conditional use permit for a retail store and then the back page it said
the Counselor just said it's not an open meeting and it's not a public hearing. If
you go and listen to it, it is not a public hearing where you can speak. I'm a little
confused. Can you help me here?
Stiles: Mr. Mayor and Council what Chairman MacCoy was referring to is that
the meeting today would not be a public hearing where they could offer additional
testimony.
Corrie: Okay, thank you.
Rountree: I assume there is not discussion on this item so I will take a stab at
this. I would move that we direct legal staff to prepare Findings of Fact and
Conclusions of Law and Order of Decision for this item that reflects the
recommendation from Planning and Zoning and incorporates the public
Meridian City Council
November 17, 1998
Page 33
testimony that was received at the Planning and Zoning Commission public
hearing.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to direct the
attorney to draw up the Findings of Fact and Conclusions of Law to reflect the
meeting of the Planning and Zoning and reflect the decision of the Planning and
Zoning. Any further discussion on the motion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: All ayes,
ITEM NO.9: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL
AUTO REPAIR & SERVICE BY JOHN BISS - WEST OF MERIDIAN ROAD:
Corrie: I believe Council the reading this conditional use permit - Shari would
you like to fill us in on this conditional use permit please.
Stiles: Mr. Mayor and Council this property was annexed with the Troutner
Business Park because of the 50 foot easement that existed to Meridian Road
that would go to the Troutner Business Park. The property was formerly owned
by Norm Fuller, and he has sold off a parcel of ground to Mr. John Biss. One of
the requirements of the annexation was that they enter into a development
agreement and that they provide a minimum 35 foot landscape setback on
Meridian Road. Mr. Biss is not particularly against providing that, but he is a little
concerned that he'll be one of the few properties on that road that will be
providing a 35 foot landscape setback, because everything else is already
annexed. Across the street would be where Rick Thomas has his First Meridian
Plaza. That's where Rockets Restaurant and Godfather's Pizza and Blimpie's are
currently. I believe he is proposing as part of that plat, a 15 foot setback, so that
was the only thing that Mr. Biss took issue with. We did have some letters from
some of the developers in the City that have a problem with this particular use on
the property. We did - the Planning and Zoning Commission did request that Mr.
Biss come back with a more detailed site plan. He was showing a significant
portion of the property as being undeveloped, and when asked at the Planning
and Zoning Commission what he planned to do with that, he said well I'll just
gravel it and park cars there. So we did ask that he come back with a detailed
plan that if he was planning on having cars parked back there, that it would be
paved and landscaped in accordance with the ordinance. There's also the issue
of the easement that goes from Meridian Road back to the Troutner Business
Park. Ada County Highway District had initially required that approximately
$7500 be deposited into an account to get rid of the driveway a temporary
driveway on Meridian Road and that when Pennwood was extended through the
Troutner Business Park that he would take access off that Pennwood future road
Meridian City Council
November 17, 1998
Page 34
extension. I believe they took out the requirement for the $7500. But it is still a
temporary driveway on Meridian Road and at the time that Pennwood was
developed they would need to change their access. Other than that I believe you
have you should elevations of the building. He has agreed to reduce some of his
signage as requested by Planning and Zoning. Gary may have an issue about
the utilities. The utilities are apparently in Meridian Road and have been stubbed
into the easement area, but I don't know what the plan is for extension of those.
If they would go down the future Pennwood Street or down Meridian Road. And
so that really hasn't been figured out who would pay for those. Even the
construction of that portion of Pennwood Street, I know that Mike Balentyne of
Troutner Business Park is not interested in paying the full cost for extending that
street when the two properties closest to Meridian Road are going to be the ones
that are benefiting from the most. That was kind of an issue with him.
Bird: I got a question Shari. Planning and Zoning passed this with - you're
stating a whole bunch of conditions. Their thing is just strictly pass to us with the
setbacks and the landscaping is the only requirement.
Stiles: I don't know that we made specific conditions as far as extension of the
sewer and water and it is a problem. I don't know how it's going to be resolved
as to who will pay for those things, but-
Bird: Well that's something that we need to know now is what the staff feel about
those conditions. They need to be part of this conditional use permit or at least I
do.
Stiles: I think part of the roadway issue that really has to do with Ada County
Highway District and what their requirements are. I'd love to make it a
requirement that they pay their proportionate share of extending curb, gutter,
sidewalk and construction of the roadway through there, but I don't know if we
can do that.
Bird: Then I got a question for Mr. Gigray. To do this to change these conditions
that don't coincide with what the Planning and Zoning Commission passed, you
have to have another public hearing. Do you not?
Gigray: Mr. Mayor, members of the Council, Councilman Bird to answer your
question, I don't know that you would to necessarily have a public hearing in
order to do that, but I would say that if you were going to impose conditions as a
condition of granting the use, that you will have to meticulously go through this
record to determine what is appropriate conditions to be imposed or not imposed
based on your assessment of the requirements of the ordinance as it relates to
establishing those conditions. It sounds somewhat complex to me in listening to I
think a good report by the Planning and Zoning Director and there may be some
issues that you may want to at least hear what the applicant's position is and
Meridian City Council
November 17, 1998
Page 35
what the merits of that position are and if you are not in a position to make that
decision based upon reading the record that's before you alone, I do think you
have the authority under the ordinance and inherently have the authority because
you are the governing body of the City to set it for a public hearing before you
make a decision to allow additional testimony.
Bird: Thank you Mr. Gigray.
Bentley: I have one follow up question for Shari. On this temporary entrance on
south Meridian Road, is it my understanding that when Pennwood goes in that he
would revert to Pennwood. Would he then take and complete the landscaping
across the temporary entrance?
Stiles: That wasn't specified as part of the conditions.
Bentley: Say was or wasn't?
Stiles: That was not a definite condition.
Bentley: Well then how would we -
Stiles: Chairman MacCoy indicated that he did state that he would be willing to
do that.
Bentley: My question would be if he didn't do that, how would you stop it from
being an entrance?
Stiles: Mr. Snead has the answer.
Gigray: Mr. Mayor, point of procedure for the Mayor and Council. I think what
we're getting into is a public hearing. I think in my opinion there's a lot of merit to
having one, but I think if you are going to do it you need to advertise it and you
have to give notice to affected property owners so they have an opportunity to
address the questions as well if you are going to open it up. If you don't open it
up and you decide on the record alone.
Bentley: Mr. Mayor my feeling would be that this does need to go for a public
hearing. We've got a lot of issues that are unanswered and both in the P & Z
side. Public Works side and I have some questions too that I feel it should go
before public hearing.
Corrie: Any other comment from Council?
Bird: I have none Mayor.
Meridian City Council
November 17, 1998
Page 36
Rountree: Just a direction to Shari in looking into this I don't know the date of
this plat that I have in front of me that shows that area as N & 0, Inc. ownership
for the entire parcel and this particular lot appears to be split out of that entire
ownership that goes across and includes the easement and that portion of that
lot to the north. Has this been re-subdivided? Have they taken advantage of a
one time split action and doesn't that have to be recognized by the city in order to
do that? And I guess my last comment is that it seems be a bit too convenient to
avoid the putting of a road through there into Troutner Sub. So yeah I agree. It
ought to go back to hearing. That's I think something that you need to if you
haven't already thought of be thinking about and when you are talking to be
applicant.
Stiles: We did request that they provide a warrant deed showing that they were
eligible for a one time split. The city doesn't have an ordinance that allows a one
time split, but we do follow the same procedure that Ada County as far as
allowing that if it's in the same configuration as it was in April of 1984.
Rountree: That's our option though.
Stiles: Yes. I think staff would feel much more comfortable with this going back
through a public hearing too because we have a lot of unanswered questions as
well.
Bentley: Mr. Mayor I'm not quite sure the wording on this, but I would move that
we remand the request of John Biss for conditional use permit for general auto
repair service to be remanded back to set up for a public hearing.
Bird: Which body, the City Council?
Bentley: The City Council.
Bird: I'll second that.
Corrie: Motion by Mr. Bentley second by Mr. Bird the request for conditional use
permit for general auto repair service by John Biss be given a new public hearing
by the City Council. And do we need a date certain on that?
Bird: Yes, we do.
Corrie: We need a date certain by -
Bird: How long do we need?
Gigray: You're going to have to give the 15 days notice.
Meridian City Council
November 17, 1998
Page 37
Bird: So it would be the second meeting in December.
Corrie: The 15th of December? That's the second meeting.
Rountree: Can't get the -
Stiles: We have a whole lot of public hearings that night.
Berg: The 15th is very full.
Corrie: You better make it January. You got a full agenda the 15th? I think I
heard we did. A lot of public hearings, okay when is the next meeting in January
then? January the 5th. To January the 5th, 1999 for a public hearing. Any further
discussion on the motion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
Corrie: City Clerk if you will notice the public hearing for the conditional use
permit for January 5, 1999.
ITEM NO. 10: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR
PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP
- SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1ST:
Corrie: Shari.
Stiles: Mr. Mayor and Council this is the - it was submitted as a preliminary and
final plat. That's why it's come to you without a public hearing. This is the
property that is directly across the street from the proposed John Biss project. It
was held up a little bit at P & Z because some items were missing from the plat
as well as we didn't have any covenants submitted. You'll notice in your packets
that you do have I hope that you do have covenants. They're very sparse and
don't really put any kind of restrictions on the development as far as what kind of
construction or anything like that. I don't know if that is something that you want
to think about. Mr. Thomas had proposed this development a long time ago back
when he was working on the Godfather's and Blimpies. He does want to sell off
these individual lots now. That's the reason for the plat. The canal has been
fully piped. I don't know what kind of sewer and water issues are with this
project, but - sewer and water is already in to serve the parcels.
Rountree: It's just to establish one of those two lots on Meridian Road; right?
Stiles: Yes, and then the existing lots or the lots where the existing buildings are.
Meridian City Council
November 17, 1998
Page 38
Gigray: Mr. Mayor and members of the Council and staff, I just point out again I
had another memo which is addressing procedure on this one that prior action of
the Planning and Zoning Commission that I could glean from the record was
approval of the preliminary and final plat which can be recommended and you
have an ordinance provision that specifically allows that. I would caution Mayor
and Council that the Planning and Zoning Commission has no conditions
whatsoever on it and you may want to elicit from staff what conditions go along
with this because we are at the final plat stage, so that when I at your direction
prepare the final the order of approval of final plat, we have the appropriate
information in it. And if it's all in accordance with the plan that's before then I just
want to clarify that we're doing what we need to do here, and if it is a conditional
approval, I have to specify what the conditions are.
Rountree: Mr. Mayor question I would have for Shari is as it relates to the
frontage on Meridian Road for landscaping. If it's compliant with our ordinance
since it's already annexed and ecetera, 15 feet of setback for landscaping.
Stiles: Councilman Rountree, Mayor and Council the way our ordinance
currently reads they could have as little as 4 feet.
Rountree: Again that's our option.
Stiles: Yes.
Rountree: Do you have a recommendation?
Stiles: I would like to see 20 feet, but another problem with this is that he had
gone through some prior approvals where he based his whole development plan
on providing that 15 feet. And a point was brought up at the Planning and Zoning
Commission that a lot of it depends on how you landscape it. Somebody can
have 50 feet of landscape setback and it doesn't look any better than somebody
else that does 15.
Bentley: Mr. Mayor I have a question for Shari. Do you remember discussions
that were had with the Tom Scott properties back there with their landscaping on
Meridian Road?
Stiles: Yes.
Bentley: What did we decide on that? Seeing that the question is in the air as to
what was going to be done with that road.
Stiles: I'm not sure what the setback ended up on that. I'd have to go back and
look at their plan. We still do have bonding, a bond in place for that. I just can't
recall what - how many feet it was.
Meridian City Council
November 17, 1998
Page 39
Bentley: I can't remember either. Thank you.
Rountree: Gary, did you have any specific recommendations that you see as
conditions on this?
Smith: No, sir, I don't. Sewer has been extended across the north boundary of
the property and serves the two buildings the complexes that presently exist
there. Water is being stubbed through the development as it's taking place to be
carried on around the south side of the boundary of the property, so I don't have
any concerns with it.
Rountree: Mr. Mayor, I would move that we approve the preliminary and final
plat for this application Wild Shamrock for the first Meridian Plaza with the
condition that a minimum of 15 feet of quality landscaping be provided on
Meridian Road.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the
preliminary and final plat for 1 st Meridian Plaza by Wild Shamrock with the
conditions set forth by Mr. Rountree. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Rountree: If you would like a definite, what I meant by quality I could enter that
into the record. Would that help? Do you need it in the form of a motion?
Corrie: (Inaudible)
Gigray: If you get the permission of the second, I would just restate the motion.
Bentley: You have my permission.
Rountree: Mr. Mayor I would restate the motion that we approve the preliminary
and final plat for this application subject to the condition that it have a minimum of
15 feet of quality landscaping on Meridian Road, and by quality I mean that the
landscaping be designed by a licensed landscape architect in the State of Idaho.
That the landscaping be maintained in an aesthetic manner minus weeds and/or
any litter and debris.
Bentley: Second.
Meridian City Council
November 17, 1998
Page 40
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the
preliminary plat and final plat for the proposed First Meridian Plaza by Wild
Shamrock Partnership with the conditions as stated by Mr. Rountree's motion.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 11: APPOINTMENT OF DEPUTY CITY CLERK BY MAYOR:
Corrie: At this time I would like to enter the name to be considered for Deputy
Clerk position of Angel Sims, who is now employed in the City Clerk's office.
Anderson: Mr. Mayor I would move that we appoint Angel Sims as the Deputy
Clerk for the City of Meridian, authorize the Mayor to do that.
Bentley: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bentley to approve the
Mayor's appointment of Angel Sims as the Deputy City Clerk. Any further
discussion?
Rountree: In terms of performance of those duties, would that be evaluated and
performance be judged by the Mayor or the City Clerk or a combination of both
so if the appointment apparently isn't going to work out that we would know how
the performance is going to be brought back to the Council and the Mayor.
Corrie: I guess -
Rountree: The individual at this point now is supervised by the City Clerk.
Corrie: I would say that the appraisal would be by the City Clerk and then my
appraisal would be of the City Clerk so he can have -
Rountree: Well that's only fair. That's the chain of command.
Corrie: Yeah.
Rountree: I just want to make sure that there isn't an implied change in the chain
of command.
Corrie: Yeah, that's the way I looked at it.
Rountree: Okay.
Bird: I agree there.
Meridian City Council
November 17, 1998
Page 41
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Rountree: Now, she'll have to be sworn in by you?
Corrie: Yes.
Rountree: Okay.
12. DEPARTMENT REPORTS:
1. GARY SMITH:
A. TABLED FROM NOVEMBER 4, 1998:
CHANGE ORDER FOR TULLY PARK
Smith: Thank you Mr. Mayor and Council members, the first item is a change
order number six for Tully Park. I think you all have a copy of that. It primarily
has to do with changes that have occurred in the sprinkling system. There are
six different items listed, and the justification is written below. Do you have any
questions on any of those items?
Bentley: It's like money in the bank.
Rountree: It's my understanding that we have sufficient reserve held back to
make sure that the landscaping and/or the sprinkler systems this next spring if
there's a failure when they are really put to their test that we can get that fixed.
don't know that they probably had a fair work out this fall to see if the sprinkler
system is really up to production service.
Bird: You got a one year guarantee under the warranty.
Smith: Typically the performance bond extends from one year beyond the date
of substantial completion.
Rountree: So we're covered there.
Smith: Yes.
Rountree: Mr. Mayor I would move that we approve the change order number
six for Tully Park improvements in the amount of $10,468.85.
Bird: I'll second it.
Meridian City Council
November 17, 1998
Page 42
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the change
order for Tully Park in the amount of $1 0,468.85. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
B. ENGINEER AGREEMENT AMENDMENT FOR USTICK
RESERVOIR -CONSTRUCTION ADMINISTRATION
Smith: The second item I have is the amendment to our engineering agreement
for the Ustick Road Water Reservoir. This is a contracted administration and
construction and inspection amendment. The last three pages of the material
that you should have in your packet show a break down of what services are
proposed to be provided. Page one of one, which would be the first page of
those three, it's titled SDC, that's services during construction. The next page is
entitled inspection. I think I highlighted that with the yellow highlight, and I also
made some written comments there as to the percentage of time that the
inspector is expecting to be out there. These are estimates only. Based on
contract time, they are estimating 54% of the time they would have an inspector
on site. A lot of this depends on the contractor and their abilities and (End of
Tape)
Smith: ... we all have with that contractor, and I think in this particular case with
McCalvain involved, that comfort level is pretty high. So I would expect that this
would really be a very conservative number that they've inserted for the
inspection.
Bird: You don't expect to get any savings off - if you are saying it's a
conservative. This is a real - or do you -
Smith: When I say it's conservative, I mean - weill guess I should say liberal is
the right word. It's very liberal.
Bird: There's going to be some savings because of the quality of contractor we
got on the job.
Smith: Yes, correct, Councilman. I'm sorry. I meant to say liberal.
Rountree: So this is not to exceed based on actuals. It's not a lump sum.
Meridian City Council
November 17, 1998
Page 43
Smith: Yes, sir.
Rountree: It's not a lump sum.
Bird: It's not to exceed Gary, or is that just an estimated budget tarry figure the
hundred and nine, three, which those three add up to.
Smith: It was meant to be - it's a budgetary amount as explained. It's a cost
reimbursable compensation.
Bird: Okay. So how do we make a motion?
Smith: I think Councilman, Mayor and Council that would be a not to exceed
number.
Bird: Okay. Mr. Mayor I make a motion that we enter into this amendment to
agreement with CH2M Hill to provide construction period services during
construction of the Ustick Reservoir and Pumpstation. And not to exceed
$109,300.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the
engineering agreement amendment not to exceed $109,300. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Rountree: When are they going to break ground on that?
Smith: I know we've got all of the insurance information, and I believe the notice
to proceed has been issued, but I can't give you a date Councilman. I don't
know.
(Inaudible)
Rountree: And they've got how many days to complete?
Smith: 240.
Rountree: From the notice to proceed.
Smith: Yes, sir.
C. LICENSE AGREEMENT WITH NAMPA MERIDIAN
Meridian City Council
November 17, 1998
Page 44
IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON
VAN AUKER SEWER PROJECT:
Smith: The last item I have I would request you to table this to the next Council
meeting. In reviewing the legal document that the irrigation district's attorney
furnished, I noticed some inconsistencies in who was the responsible party on
the license agreement, and I called their attorney and he acknowledged that
there was inconsistency and he will have to revise that and resubmit it to us.
Bird: Mr. Mayor I move that we table to December 1st meeting the lease
agreement with Nampa Meridian Irrigation District for sewer line crossing on Van
Auker sewer project.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to table item 12, 1 C,
license agreement with Nampa Meridian Irrigation District until 12/1/98. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
2. TOM KUNTZ:
A MAKE UP OF PARKS & RECREATION COMMISSION
B. INTRODUCTION OF NEW RECREATION SUPERINTENDENT
-ELI ROBERTS
Kuntz: I would like to switch the order if I could and this may be a little redundant
because she's met most of you over the last week or two, but I wanted to publicly
introduce our new recreation superintendent, Elizabeth Eli Roberts.
Bentley: Welcome.
Corrie: Welcome to the City of Meridian. I think it's a good choice.
Kuntz: The second item is just to let the Council know that the Parks and
Recreation Commission has some dialog in their meetings the last month and
then yesterday on visiting the ordinance that addresses how the commission is
made up, and no decision was made last night, except to put a small
subcommittee together to go through and look at the ordinance, come up with
some possible recommended revisions to go to the City Attorney with, and then
to the City Council at some point. The issue that they're looking at is the make
up right now is decided or is made up of different entities having representation
on the commission, and what the commission is looking at is having it open to
Meridian City Council
November 17, 1998
Page 45
the general public so there are no dedicated seats thus hopefully getting I'm not
sure how I want to say this. Councilman Rountree maybe should help me out
here.
Rountree: Enthusiastic and willing commissioners to do the job that needs to be
done.
Kuntz: Correct. The feeling of the commission was that the people appointed to
represent the different groups were there because they were asked by the group,
but maybe weren't really that interested in serving on the commission, and so the
issue came to light last month and we discussed this yesterday, and they just
want to give you a kind of heads up that they would like to bring that ordinance
back to the Council at some point in the near future.
Corrie: I think that's an excellent idea.
Kuntz: That's all I have.
Rountree: I'll just add my two cents in since I'm the liaison, but I think the
dynamics of the group was good originally. Concept got going. The group is
efficient enough and has done enough studying and visiting amongst
communities that they've identified some warts in the ordinance, and we need to
make some changes or suggest some changes to the Council for consideration.
They will be doing that over the next few weeks and/or month and be making
some recommended changes to the Council for consideration as to make up and
also as to maybe some procedural things they feel need to be put down either an
ordinance or bylaws so they can be empowered to function the way they need to
function.
Kuntz: I think that was the other question that they were tossing around is how
viable does the Council look them as a commission, and they want to feel like the
people they serve in the community is an important one and that the Council
identifies that as an important body advisory only.
Bird: I think that being a member of that at one time, I feel if they lived up to the
ordinance, which we as a commission didn't do there's a lot of things in that
ordinance that needs to be revisited. The standing seats is not big deal at all. I
think we need to look at Nampa, Boise's ordinance. I think we need a
commission that the park director and those people report to and is part of the
Parks and Recreation. Nine minds are a lot better than one. We all know that
and Tom I know is in favor of that 100%.
Kuntz: Thank you.
3. CHIEF BOWERS:
Meridian City Council
November 17, 1998
Page 46
A BUDGET CHANGES
Corrie: Department reports number three. Did he go on a fire?
Anderson: He hasn't been here all night.
Corrie: Hasn't been here all night?
Rountree: He had some stuff going on earlier.
Corrie: I'll table that one.
4. CHIEF GORDON:
A BUDGET CHANGES
B. SECURITY PROCEDURES FOR CITY HALL
Gordon: A long time ago before this Council was sitting, the item of security was
discussed as far as not City Hall, but the Council meetings and the Council
Chambers. Within the last month or so we had another Mayor shot and another
Council, and whacko with a gun come in. I know that doesn't - Mayors getting
shot doesn't bother you guys, but-
Bird: It depends on how close he's sitting to me.
Gordon: They never did figure out who he was trying to shot, but the point was
and there's no way that I'm going to stand up here and tell you that you can be
totally perfectly safe forever and ever without a lot of paranoia so I guess what I
basically am looking for is some direction. I know here recently Will has started
locking this back hallway up and I think that's an outstanding idea. The only door
left unsecured now is this one right here in the back. I would recommend that we
go to the push button combination locks for this door and that one there and that
way you don't have to worry about keys. You folks would have the combinations.
In the daytime if they want to leave it open that's fine, but when you guys are
sitting in Council, I think there needs to be a degree at least behind you that's
secured.
Rountree: You are talking about these immediate doors here?
Gordon: Just that door right there and then the one over here. It goes down the
hall which protects this door here, and like I say Will has been keeping this one
locked.
Meridian City Council
November 17, 1998
Page 47
Rountree: The back, back door.
Gordon: Well no, that's got to be left open. The one that just goes into the hall,
right here. Just those two would secure that back area, and it would still allow
you guys access in and out if you wanted to go to the restroom or coffee or
whatever. And you wouldn't need a key. Keys tend to pose problems. The
numbers the combination lock we have on the back door at the police station we
change the battery once a year. Maintenance wise it goes four to five years with
just a lot of use. And I think it would work for this door here.
Bentley: I have a question on that. Why are we leaving this back door unlocked
in the evenings? The outside door?
Corrie: It locks automatically.
Bentley: It's unlocked.
Corrie: You mean the one next to the kichen?
Bentley: No, I'm talking about the outside-
Corrie: It's unlocked?
Bentley: During Council meetings why is it unlocked? Well it shouldn't be. I've
gone out at night sometimes and it's been unlocked.
Bird: Well I'll guarantee you one thing. I've come through it and I haven't locked
it back up when I'm in a Council meeting. You can put the blame on me. If you
want the damn thing shut, we'll shut it.
Bentley: I'm just saying if we're going to have security then the only doors that
should be unlocked for public entrance is the front.
Corrie: That makes sense.
Gordon: Well security is up to you folks.
Rountree: Is that compliant with fire code?
(Inaudible)
Gordon: And I don't know if we could put a combination on this one, because it's
a panic bar exit also. We can lock it coming in.
Meridian City Council
November 17, 1998
Page 48
Anderson: We have one at our station that's combination on the outside, panic
bar on the inside.
Gordon: I guess I'm looking for a little direction. Whatever you guys want to do.
That would be the only thing. If you want to get into bullet proof glass and bullet
proof vest, I'd give you that report. But I think this is for the community that we're
in I think is sufficient.
Corrie: Council, do you have any objections to his recommendation?
Bentley: I don't.
Rountree: I agree. We probably ought to secure these back doors. And at least
that way because I know on occasion you have to wrestle around back there
because somebody is roaming around that you don't know who they are and
you're right. It just takes one time. We might think it's silly, but it just takes that
one time.
Gordon: Nor can we stop every whacko in the world from ever getting there, but
we can probably or maybe discourage somebody if it was just you know mad in
here and went around the backside and couldn't get through.
Corrie: Well the thing is also would add security to that side of City Hall. I know
that Shari has had many times walked back there and interrupt her and they
shouldn't be back there. And that would help that side of the building as well.
Gordon: Here again I'm not advocating anything, but do you all know that as
elected officials you have concealed weapons permits automatic?
Rountree: With officiall.D. you do.
Gordon: You automatically have concealed weapons permits with photo I.D.
because you are an elected official.
Bird: I've never seen my photo 1.0.
Anderson: Can I get an I.D. from you?
Gordon: Pauline has them. We've move that over to Human Resources.
Rountree: Are they the same?
Gordon: Yeah, and the next option is we also the department will provide
firearms training, practice whatever you folks want to do. Just let me know or I'll
give you notice next time we go out.
Meridian City Council
November 17, 1998
Page 49
Bentley: Can we go across the street?
(Inaudible)
Gordon: But anyway I'll start notifying all of you when we are going to go out to
the range. We go out four times a year and you are welcome to come out
anytime.
Rountree: You go to Nampa or-
Gordon: We've been going to Nampa.
Bird: I'd like to do that. Can we bring our own guns?
Gordon: Yes, sir. We prefer you bring your own unless it's machine guns or -
Bird: 0-6 Automatics.
Gordon: An automatic 0-6. They won't let us shoot those out there.
Bird: Well mine is semi.
Gordon: Handguns only, no rifles.
Bird: No rifles or shotguns?
(Inaudible)
Gordon: Like everything else the houses have grown up and it's no longer just
farm land. There's trailers and houses all over.
Bird: Where are we going?
Gordon: Over at Nampa range is what we've been using. When you start
shooting rifles, they start complaining to the -
Bird: I understand that.
Gordon: But we have handguns.
Rountree: That's a malitia training site. You can shoot anything you want out
there including a Halitzer in U.S. Code. That is established in U.S. Code as a
malitia training ground. That Nampa shooting range.
Meridian City Council
November 17, 1998
Page 50
Bird: The gravel pit?
Rountree: F.D.R. established that. No, that F.D.R. Teddy Roosevelt.
Gordon: The Mayor and Council have cut Nampa Police off, and they give us the
rules, so we don't - it's really tough sometimes the geese fly right over there from
Lake Lowell and control with these guys with handguns-
Bird: Getting back to these Cennex locks. What are we looking at per door?
Gordon: They're about $300 a piece.
Bird: And this is a code?
Gordon: Yeah.
Bird: The button code.
Gordon: Four buttons.
Bird: Yeah.
Gordon: You can run them up anywhere from two to six buttons. It's up to you
and you can change them. We change ours about three to four months. Every
time change the janitors, we change the codes. But they are real serviceable
locks. We get them right here locally through Meridian Lock and Key,
Minuteman, and they service them for us. No problems.
Bird: I'll make a motion. The two doors?
Gordon: Yes, sir.
Bird: I make a motion that we look into and that's a small enough item. We
probably don't need a bid on do we? I make a motion that we put some Cennex
locks on the south east door of the Chambers and also the one going into the
hallway by the lunch room.
Bird: Second.
Corrie: Motion made and second that we install the button locks on the doors
mentioned in the motion. Any further discussion?
Bentley: Mr. Mayor does this come out of Roun's travel money?
Rountree: It comes out of Keith's parking lot money.
Meridian City Council
November 17, 1998
Page 51
Bird: It comes out of what we call this is capital improvement.
Anderson: Mr. Mayor clarification on the motion. It sound like they were talking
interior doors and I thought we were also talking about the exterior door because
of people leaving that unlocked. We could actually put the same type of system
on that, and I actually prefer that because I'm one of the dumb guys that always
forgets his keys.
Bird: That's an exit there, and Ron you can - somebody can sneak in and get in
there anyway. All you have to do is come in the front and run around and let
somebody in because you have got to have a panic on that for life safety code.
Anderson: You can still have the panic with these push buttons,
Bird: Oh yeah you can have a panic. We do it all the time. We do this,
Anderson: But even what we're doing now. We'd be doing the same thing, only
instead of having a key, we'd have a push button. They can still do the same
thing even with the key that we have is come around and unlock the door.
Gordon: Yeah, I think what Councilman Anderson is looking at is that would
eliminate any possibility of that door ever being unlocked. It would automatically
lock itself from the outside so if you didn't have the code you'd have to go around
to the front and yeah somebody could come around and let in, but-
Corrie: That eliminates the back door entrance of anybody except that has the
combination of that lock.
Anderson: And it sound like the problem is we're forgetting to lock that
sometimes and that would eliminate that. There's no way they forget-
Bird: But then you've got employees and stuff that come in.
Gordon: That wasn't the way that I was after was these two interior doors is what
I was after, and I think if we maintain control on those even if they come in the
back door, they have to come around the front.
Bird: Just remember to bring your key with you.
Corrie: Just make sure that you lock it up. Any further discussion? All those in
favor of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
November 17, 1998
Page 52
Gordon: Is there anything else security wise that you guys would like to see?
Anderson: I guess just for discussion and I'm not really that concerned about it
myself, but maybe when we look at a new city hall is they're even putting metal
detectors in a lot of high schools now make sure somebody is not carrying any
guns as possibly doing something like that with the front doors of the building
when we're open for public meetings and stuff like that. What's your thoughts on
that?
Gordon: Naturally I'm for anything that has to do with security. It makes my job
a whole lot easier. I know Boise City and a couple of the other cities have tried to
pass a state law banning handguns in city hall. Presently anybody can walk in
here with a 12 gauge and sit down, a rifle.
Bird: As long as they got a hunting license.
Gordon: They have a concealed weapons permit and Boise is going through this
right now with one of the constitutionalists that live here in town. He's constantly
going in city hall carrying guns and he make sure everybody sees it. He's gone in
with shotguns. He's gone in with rifles. There's no laws against it. And they are
trying to pass laws that prohibit it. So the metal detector, we'd find the guns, but I
don't think we can take them away from them and I don't think we could run them
out unless we have a city ordinance. And that I think legal might want to look at.
We might not be able to get a state law, but maybe the City of Meridian
restricting the carrying of firearms of any kind inside of city hall or Council
Chambers.
Anderson: I know it would influence how I vote.
(Inaudible)
Gordon: They've got federal law airports and banks but evidently we haven't
been able to get a state law for City Halls.
Rountree: Public buildings period.
Bird: Public buildings, and you know that's the fallacy of that stupid - we've
discussed that concealed weapons law. Why anybody outside of a police officer,
security person needs to be carrying a gun anyway. In the first place they can
carry it out on their side where everybody can see it as far as I'm concerned.
Gordon: But anyway maybe have Council check in to see what we can do, but in
city haUl don't have a problem with metal detectors, but if we find the guns the
only thing we can do is stamp a big G on their forehead because I can't run them
off.
Meridian City Council
November 17, 1998
Page 53
Rountree: Yeah, but you can sit somebody next to them with a bigger gun out of
the holster.
Gordon: That's possible.
(Inaudible)
Gordon: Next item, budget. I would still like to see the police and fire budget
finalized. I know there was a couple of questions. I'd like to know what the
questions are. I'd like to get right to them and let's get them out of the way and
move on.
Bird: You pot every right to Chief. That should have been addressed before
October 1 s .
Gordon: Thank you.
Bird: And I have no problem addressing it.
Anderson: We were given the document today that you probably haven't been
given yet, but basically shows wage increases for all City of Meridian employees
not just the police department, but there are several folks in the police
department that received greater than that. Some of those 9, some 8, some 11,
and I'm assuming that there's an explanation that maybe it goes along with a
step increase or something like that, and then there's one individual that was a
3% so maybe that was some type of a withholding for performance. I don't know.
Gordon: There shouldn't have been anybody less than four percent. The ones
that were more than four were step increases. We hired a year ago we hired well
it would have been right after the budget was passed. We hired four officers.
They received the step increases at the one year. In the middle of the year we
hired a couple of more. They received their six month increases so nobody
received anything more than the four percent. If they did it was a step increase
associated with - who was the one who only shows three percent?
Bird: Volker. He only showed three percent.
Anderson: And maybe somebody made addition.
Bird: No, he went from 29 42 to 30 36 and that is 3%.
Gordon: Okay, I'll go back and double check that. But I haven't held anybody
back for performance. Hopefully this wage study that we're going to get will allow
us to do that. Right now I don't think anybody in the city has got that built into
!
Meridian City Council
November 17, 1998
Page 54
their schedule. I'm the only one that even has any step increases to my
knowledge, but I'll check on Volker. In fact he's probably one of the top officers
that I have. So if anything I would have given him more than four if I was allowed
to. I'll check that.
Anderson: And then I had a question on the personnel training. Last year it was
$53,000. This year's request was $40,000, and I am curious. When you have
$40,000 in there, is that include wages for people while other people are going to
school or is that simply tuition and motels and registration or what is that $40,000
figure. What does that break down to?
Gordon: Strictly tuition, travel, expenses, motels. There's no wages at all.
Wages are in their respective departments and any overtime incurred is out of
that area there. The training budget is strictly the cost of the training, travel.
Corrie: Chief does that include the (Inaudible) and all that training as well, is that
part of that?
Gordon: Firearms yeah. It's all of our ammunition comes out of the general part
of the training. Four shoots a year get a little expensive.
Rountree: How many rounds?
Gordon: We try to hold it a 200 an officer, and it takes 60 rounds for a
qualification round and if they don't qualify the first time, we run them a 100
round warm up and familiarization and then a 60 round course and then we have
the 40 for just the backup. So I want to say we allow for 200 an officer.
Rountree: If they don't do it in 60 rounds, do you give them an opportunity to
throw the pistol at the target?
Gordon: No, they have to come back at the next scheduled shoot which is
usually two days and we run them again. If they don't make it then, which we've
never had happen. Then disciplinary action and we go farther than that. I firmly
suggest all of you come out.
Corrie: Anything else?
Anderson: Yeah the other question I had was when I totalled up the column for
all the individual wages, then when I took the wages for the department, there
was a $4100 difference. Let me show you that. I don't know there's a totalling
the columns. And then I took your total salary that you had in the budget, and
there's about $4000 difference. So I don't know if that's just an addition error
somewhere or -
Meridian City Council
November 17, 1998
Page 55
Corrie: You mean his budget is higher than what's here?
Anderson: When you total the separate wages in here versus what he has listed
in here, there's $4100 difference, and I don't know what that is.
Gordon: I've done this too and I always come up with the wrong numbers. I do it
two or three dlfferent times because it changes on this side here for the steps
and if I grab the wrong number anywhere in there and so I run the numbers two
or three times then I have Jean run them two or three times and I have Bill run
them two or three times. I can't tell you exactly why there's $4100 difference, but
what they show for the individuals on that sheet is what they - (inaudible).
(Inaudible)
Gordon: Because I run it three or four times and I always get three or four
different answer myself. That's why I have somebody else do it.
Anderson: And then the last question I had did we go ahead and we added new
officers was it October 1 st?
Gordon: Yes, sir.
Anderson: So what's our total sworn officers now?
Gordon: Two, we added two. It's at 42 sworn.
Anderson: 42 sworn now, and then we're anticipating hiring another two ---
Gordon: The two more in the middle of six months. Those are the grant officers,
and that will - no, I'm sorry I'm at 40 now. The next two will put me at 42.
Bird: 38 at the end of the fiscal year.
Gordon: Yeah, I was.
Bird: We didn't hire any new dispatcher right?
Gordon: No, sir you didn't authorize that.
Bird: Thank you.
Gordon: I only do what you tell me to do.
Bird: You do a good job Bill.
Meridian City Council
November 17, 1998
Page 56
Gordon: That's why I'd like to finalize this thing. I know Chief Bowers would too.
Rountree: I had a couple of questions Bill. Obviously the first one was that
moving the one detective around so you already answered that. The other
question I had that was different from previous budgets in terms of pay was that
you've added this skills pay. And again I think our compensation study is
probably going to get to all of those including probably the one thing I really have
the most difficulty with is the longevity pay. And then my question on the
longevity pay is that a one time increment?
Gordon: It's monthly.
Rountree: Yeah, but - for instance if an officer makes $2,000. He has five years
of service. That five years of service gives him and I don't know what the
increments is. What is that?
Gordon: $20.00 a month extra.
Rountree: Okay, so he's going to get $2,020 a month. That's a new base.
Gordon: Yes.
Rountree: Does the next year the sixth year then get $2,040 a month?
Gordon: No.
Rountree: It stays at $2,020.
Gordon: Until he hits ten years. Every five year increments is when it changes.
At five years he would go to 40 and - it's not figured on the four percent. The
four percent is on the flat base because that base stays the same for the officers
Rountree: And it's adjusted by that $20.00 in that five to ten year-
Gordon: Correct at ten it will change and at 15 it will change.
Rountree: So four percent is 80 plus so it will equate to $100 when-
(Inaudible)
Rountree: That was the question I had.
Bird: The four percent don't go with the pay increase for the longevity, right?
Meridian City Council
November 17, 1998
Page 57
Gordon: No.
Bird: See that's where - I like longevity pay. I think it encourages people to
stay.
Gordon: I do too.
Bird: And I think it should be done throughout the city and I think these surveys
that we get in is going to show it. It keeps your turnover down.
Gordon: I'm really looking forward to this wage study, because I think it will take
care of a lot these inequities and I think it will have a built in incentive right there
for not just being here forever, but being here and doing a good job. I think we
can use it for that. I think I'm the only department that even has a longevity pay.
Anderson: The fire department.
Gordon: I don't even want to get into that. I don't want to go there.
Rountree: Yeah we don't have a whole lot of choice there.
(inaudible)
Rountree: There's other ways to promote that, but we can talk about that when
we talk about the compensation.
Bird: Yeahl that's the thing I think.
Gordon: Have we heard anything about this the wage study? Have you guys
heard anything?
Corrie: Hopefully December the 7th, we're having - Candy is going to meet with
the Council.
Gordon: Okay. Any other questions?
Anderson: I had another question. I can't remember the numbers. You were
talking about a national average and state average for sworn officers. Do you
remember what those were?
Gordon: Yesl I do. The State of Idaho the average per thousand population is
1.7 officers, and the national average is even lower for the first time. It's 1.6 per
thousand. And when I put on the next two and here again this is all estimated
population and it depends on whose estimate you use, but I'm using the 34,000.
We're at 1.3 and we're getting along.
Meridian City Council
November 17, 1998
Page 58
Bird: I think that you have to go into the -
Gordon: We're getting along.
Bird: And you have to look at the communities. The set up of the communities.
A New York City I'd want two or three officers per thousand.
Gordon: They have that.
Bird: They need it. The rural community in - we don't have the massive
downtown ghetto population and stuff.
Anderson: I guess those numbers that you threw out were kind of concerning me
and I was wondering whether we had enough officers or whether we didn't and
so I did some checking and I found it kind of interesting that I checked some of
the other surrounding cities. Boise for example, checking with Ada Planning,
their population was 168,000. They have 222 sworn officers. That comes out
1.32 average. Nampa, their population estimate the last one was 46,000. They
have 62 officers. That's a 1.34 average. Caldwell, I think is a little
underestimated, but they were 25,000 with 37 officers at 1.48. And Meridian
depending again whose numbers you use, but when we checked with APA for
budgeting purposes for the fire department in the rural district, we were told
25,000. Some of the estimates I've heard are 30,000 so I kind of picked a
number in between using 28,000 at 42 officers we would be 1.5 and 40 officers
we would be at 1.35 which would put us right in line with those other cities. So I
also did some checking. I understand that that sworn officers in the national
average includes FBI agents, A TF agents, anybody who is a sworn officer who
lives in that state, so I guess what I'm saying here is I think Meridian is pretty
much in line with what the State of Idaho is and I don't think we're tremendously
behind on the number of officers that we do have so I just wanted to make that
statement because I've heard the numbers always thrown out and we're way
behind the average and I really don't think we are based orfwhat I found.
Gordon: Well here again now you picked those cities now. I can pick Garden
City which is 3.2 per thousand. I can pick Chubbick which is 2.8 per thousand. I
can pick Post Falls. And that's why I say we're going state average. We're not
going Ada County. So I'm going the whole state and not singling out one or two
departments. When I say that's the state average, that's overall and like you say
that's total law enforcement. Now when I say I'm below the average, I am below
the average for the State of Idaho. Boise is below the average. Nampa is below
the average. Garden City is above the average.
(Inaudible)
Meridian City Council
November 17 I 1998
Page 59
Bird: We're talking about two things that we just got through talking about.
Garden City has more felons than the rest of the Treasure Valley put together.
Bentley: And that's true, but let's not forget they don't stay in boundaries.
Gordon: And that's why I prefaced with at the 1.3 we're at now we're handling it.
So when I say I'm below the average, I'm still handling it below the average, and
we will do it with .93 which that's what we had two years ago. We handled it
then. But I like to stay close because if it hits the fan and you guys' houses get
burned down in a riot, I'm going to be the first you yell at so I'm just giving you
the facts. I'm giving you the facts and then you guys tell me what I'm allowed to
work with and that's what I'm working with, but I'm giving you the facts. You can't
pick one or two places and go by that.
Anderson: I just picked some in the immediate area and when you pick some of
those other areas, you're picking ones with high crime rates to go along with
them. That's why they have more officers usually, but-
Gordon: No, not always Ron. That's why I went state wide.
Anderson: I think what Meridian has to do and what we have to look at Bill is in
my opinion the City of Meridian has a lot of needs, including police and fire. And
we have to balance out all of our needs and that's where I think Meridian in the
past has got a little bit out of balance, and I think we need to look at trying to hold
the police department in check for a while with the number of employees and
trying to get by with what we can until we can beef up some of the other
departments. Because we have to look at the whole picture not just the police
protection and that's what I see as my job as a Councilman.
Corrie: I want to caution you. That public safety and I agree with you Ron. We
need to beef up the fire department that's for sure, but public safety is one area
that the public is looking at this Council to keep it up, and you get behind the 8
ball there, we're going to be in a lot of trouble.
Anderson: And I agree with what you are saying and I just think it needs to be a
balancing act and so far I think we're a little bit out of balance. That's my opinion
and I can throw out all kinds of numbers to support that. If you look at our total
percentage of budget and how much we spend in different areas, I think I've got
more than enough information to support that.
Bentley: I think you need to understand too that no matter which book you pick
up and look at, you're going to see that your police department is the biggest
share of anybody's budget, whether it's here. Whether it's Boise. Whether it's
Kuna. It don't matter where it is. If you look in the ZGA study, it will show you
the exact same thing.
Meridian City Council
November 17, 1998
Page 60
Anderson: I don't disagree with that, but the percentages I do disagree.
Bird: Our percentage for police is over the last five to six years compared to the
fire, the parks and all that stuff has been very, very high. Bill knows that. I think
by getting our new formatted budgets, we won't this problem. I'm like Ron. I can
sit here and argue facts and figures all night but I think we need to move on and I
think as the Councilman we need to either accept this budget for the police or do
something and let the guy get on with the year's work.
Bentley: Mr. Mayor we need to point one thing too. The budget has been
accepted. It was voted on and approved in September. Now we do have the
right to cut it back, but you cannot condition the budget and I believe the attorney
will bail me out on this. You cannot condition that budget. Once it's passed, it's
passed. You can make adjustments back and cut it back. But I have got a
question now concern is if everybody else is done. The job of a Councilman is to
help the department he's assigned to create the budget and act as the liaison to
the other Councilmen. Now, I've got a real problem over the discussions with
this police budget. The only thing that Chief Gordon and I knew at the end of
budget hearings when we accept the budget here, was there was a question on
the detective being moved over, and we answered it that night. This other
question concerning Carol Row's wages, these other wages that were brought up
was been discussed between Councilmen but neither myself nor the Chief were
ever made aware of it, and I would like to know why.
Anderson: I don't think anybody owes you any explanation. We're looking at the
police and we're looking at the fire budget. If you've got comments about the fire
budget, bring them out.
Bentley: That's exactly my point.
Anderson: And I have about the police budget and that's what I'm bringing them
out, and by God it's my right to do that and I will do that.
Bentley: Nobody is questioning your right to do that. My question is why wasn't
it brought before us before six weeks passed? We never heard a word about
this.
Bird: I beg to differ with you Glenn.
Bentley: This budget has drug out with these questions for too long. This man is
trying to run a department, Kenny is trying to run a department and we're still
sitting here almost two months into the budget with no questions asked.
Meridian City Council
November 17, 1998
Page 61
Anderson: Well the fact that it has drug out has not been our fault. That could
have been scheduled at any point.
Bentley: Excuse me it was scheduled. But my point is that it's never been
brought to the Councilman that oversees that department that helps with that
budget.
Rountree: Glenn you know I don't know that that's necessarily the issue. One
yes it has been scheduled, but it has been deferred executive sessions have
been cancelled or not been able to be held. When the items wanted to be talked
about and I think in everybody's behalf is that it needs to be talked about in a
public situation and the questions need to be asked. I had questions. I had
questions after I had an opportunity to get the new police budget the day of the
final budget hearing. One thing I did point out and I did ask Bill that was very
glaring obviously was about a 40 or $50,000 difference. It's not an error, which it
was pointed out, but there were some other issues as it related to new items that
weren't in the previous draft budget. And I asked him tonight and I got an
answer. I could have asked you, but we still needed a public discussion to get
past the motion that was made on the budget and I didn't really think that my
questions were that big an issue to need to corner you and Bill to talk about
them. I just point out that there's differences and the other action we took with
the compensation study I think those are going to be answered for all of us.
Bentley: And I agree Charlie, but my point was and especially the issue with
Carol Row getting between 17 and 24% or whatever the number were shot out.
Neither him nor I knew anything about that.
Bird: Just a minute Glenn. We had a meeting right over there in the Mayor's
deal. At the time we asked him to bring back the dispatch center, her wages and
everything else were brought up and you were sitting right there and Bill was
sitting right there. We said we didn't want anymore put on the dispatch and at
that time her wage increase was questioned.
Corrie: Before we get too far -
Bird: But let's don't get in -let's get the thing going and next year we got-
Corrie: Yeah, I think unless you got any more questions Ron.
Anderson: I have no more questions.
(Inaudible)
Gordon: In response to Councilman Anderson, the police department has grown.
Granted, but that's grown because of this group, not because of me. This group
I
Meridian City Council
November 17, 1998
Page 62
authorized every position. Through the years I have seen Councils go herky
jerky and you're right. The City of Meridian needs everybody. (End of Tape)
Gordon: ... else then your police department is going to be way behind. So what
I'm saying is yeah we'll coast along on the police department. I don't have a
problem with that to bring everybody else back up to the service, but don't shut
the police department off just to catch everybody else up because we'll never
catch up.
Anderson: And I agree with what you are saying. And that's why I am saying it's
got to be balancing act. And the best thing could be that we could find some
more funding and come up with a better funding mechanism so that you don't
have to be held back or cut back or anything else that we could bring those other
departments up to your standards and up to your par, but at present time I don't
see a lot of work going on to increase that funding and so at some point we're
going to have to do some balancing or we got to find some ways to increase the
funding, and that's what it boils down to.
Gordon: Right and when I bring you stats, numbers and figures, those are not
something that I make up over there in my office. Those are nationally accepted
and they're overall and I give you guys the facts and you make the decisions. I
just bring you the information. It's your job to tell me what you are going to do
with your money and how much I get and what I get to work with, but to question
the stats, that's not the issue. I provide you with the information. You make the
decisions. I just do what you tell me to do and for me to cloud the stats, they're
national stats. I don't make them up. I just bring them to you, present them to
you and then you do with them whatever you want.
Anderson: Yeah, and I'm like Keith, I mean we can read stats anyway, but I don't
think it's productive for this Council to argue about stuff like that. What we ought
to be doing is working our efforts towards finding better ways to fund things and
not arguing back and forth about who is getting more money, and that's what I'd
like to see us work towards.
Gordon: Right and I agree.
Anderson: I just want to tell you that I think as a department head, you're doing a
great job and keep it up.
Gordon: But if you want me to bring in stats on how many little old ladies have to
wait at the red light before they can cross, I can get you those too. I guess what
I'm saying is if you want some different stats, then let me know and I'll get them
for you because to make the decisions, you are going to need the information.
And that's my job is to provide you with the information. Not come up here and
r
Meridian City Council
November 17, 1998
Page 63
give you a cock and bull story trying to get more cops or more money. Because
the whole city needs help not just me.
Bird: Mr. Mayor I think in reply to that I think our budget once we get a general
format for every department, we'll let us all know a lot better what goes on in
each department. And there is some questions and I think once we get that
general format, we'll get through the budget faster. I think for the size of our city
that our police department is doing a great job. I think that and you and I have
discussed this. The police department has been kept up to speed pretty much.
The other departments haven't. I think that can be done without a bunch of tax
increase or anything else. I think we can get everybody up there. We'll get her
done, and we're not going to make you go poor either. It's going to take some
time.
Gordon: The budget issue and I guess some of things have happened this time
because of the size that they city has grown and the police department has
reached - my budget is a real nightmare doing it this way. I would really love to
have a set procedure for budgeting.
Bird: And it would be so much easier for us to pass it and to look at them. We
could get in here with one format with all departments. We would know what we
was doing. Anyway thanks Chief.
Anderson: And it's nothing against you. When I look at these numbers I mean I
see that a new officer get a 45% raise the first 30 months that he's here, and I
would like to be able to that for every city employee and I guess that creates
animosity from other city employees. It creates animosity from other City Council
people when their departments don't get those kinds of things. So you're right.
We've done it right up here. We've built this system. We've allowed this to
happen and it's time that we correct some of those things.
Corrie: I wish you were here about five years ago.
Gordon: I guess I can't stress enough don't just close the door on the police
department because everybody else needs help because then your police
department will be -
Rountree: I guess Bill in that regard at least my feeling and I think it probably is
everybody else's, we're not closing the door on anybody.
Gordon: Well the comment hold the police department back while everybody
else got up there.
Meridian City Council
November 17, 1998
Page 64
Rountree: But in the attempt to do the balancing act. Everybody and
particularly the police department is going to be held to a different level of
accountability and scrutiny than they have in the past. Period.
Gordon: Not a problem.
Rountree: I'll confirm the rest of the comments that the Council made. You know
I think not just the police department but all the city departments are doing great
things with limited resources. And you build our expectations, and I hope you
continue to do that. That we provide enough resources that you guys can do
good things. With respect to the budget, I don't know what the action we need,
but I think the motion as I recall was that we approve the budget based on
condition of holding the fire and police because we had some questions and
hadn't even had an opportunity to review them. I would offer a motion that we
approve the - we have already approved the budget. I don't know what it is we
do, take -
Bird: You got to take the alloc~tions off.
Rountree: I would approve the police budget with the removal of the allocations
with the exception that the wage increases that have been implemented remain
until such time as the city is through the compensation study process. By that I
mean that this by approving the budget and the allocations that tomorrow
everybody doesn't raise another four percent. That's not in the budget, that's my
intent by making the motion.
Bentley: I'll second that. Then I'd like some discussion.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the budget as
stated by the motion. Further discussion?
Bentley: Yes, with the one exception that if there is an error on the gentleman
with the three percent that it be corrected.
Rountree: That's an understood because our direction was that everybody get a
four percent so you correct that error and I don't think we need a motion to that
affect.
Bentley: No, I just wanted to make sure that point is clear so it doesn't freeze
him.
Gordon: I'll get on that first thing in the morning. Did I answer all the questions?
Bird: We got a motion. Are we voting for it?
(
Meridian City Council
November 17, 1998
Page 65
Corrie: All in favor of the motion say aye.
MOTION CARRIED: All ayes.
Bird: Mr. Mayor, I'd like to make a statement. For Bill and Tom and Shari, all
those department heads, Will, Mr. Gigray. I think by getting our audit report for
'97 it truly shows that a town with the lowest mill levy around must have some
awful good department heads and some awful good employees to be in the
financial shape we're in. We've got to stay in that financial shape the way we're
growing. We got to still be a conservative town, which I hope we are, but you
guys need the credit, all the department heads, all the employees. We hope the
five of us sitting up here help a little bit. Two of us didn't have anything to do with
that audit report, but you guys are the ones that make it go, and I appreciate it as
a Councilman. I absolutely appreciate it when I get an audit like that. It makes
me feel pretty proud to be a citizen of Meridian.
Corrie: Thank you Keith. I have one thing for the Council that I added privilege
of the Mayor. Then we'll go into Executive Session.
Rountree: What kind of privilege?
Corrie: Very little. What I would ask the Council to do is if they would move my
capital expenditure of $5,000 to operation expenses? It's just a change in name,
but I can't get any money out of the capital expenditures unless I spend $1,000
on each item according to the county people.
Rountree: So what do you want to spend it on?
Bird: Yeah what do you want to spend it on?
Corrie: I've got a credenza coming for about $300 and I can't use it for capital
expenditure.
Rountree: That's operating.
Corrie: Operation expenses. So I just need a motion that we move the -
Bird: What's your line item number? The capital expenditure number is
010413.90-00. And what do you want it to go into?
Corrie: Operation expenses.
Bird: 010413.10-32. I make a motion that we change that.
Bentley: Second.
Meridian City Council
November 17, 1998
Page 66
Corrie: Motion made and second. Any further discussion? All those in favor of
the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Thank you.
Bentley: Discussion? You will fill out the proper paperwork to get that
transferred.
Corrie: I would like to have an Executive Session if we could.
Gigray: Mr. Mayor I would recommend as a matter of procedure you should
identify the item that you are going to discuss in Executive Session because it's
required by the statute. As long as you meet the categories you're okay, but you
just have to identify the categories that you are going into. If it's personnel or
anticipation of litigation or whatever.
Corrie: Okay it's both of those.
Gigray: Just say -
Corrie: Litigation and personnel matters according to Code 6 - why
Gigray: And then you appoint a secretary.
Bird: We don't keep minutes on those,
Gigray: The state law says you're suppose to and all they do is say you went
into Executive Session and that there was a discussion and no action was taken
and then you report out.
Bird: If we're going to do that, we'll sit right here. I don't need an Executive
Session. I'm serious.
Gigray: I mean you don't record. It's just you have somebody, that's really all
they do.
(Inaudible)
Rountree: Appoint yourself as secretary Bob.
Corrie: Okay I'll do that. According to state code, is it 67-2345? Okay, of
Executive Session, I am requesting that we go into Executive Session.
(
Meridian City Council
November 17,1998
Page 67
Bentley: So moved.
Bird: Second,
Corrie: Motion made and second according to code 67-2345. All in favor say
aye.
MOTION CARRIED: All ayes.
EXECUTIVE SESSION
Rountree: Mr. Mayor I move that we come out of Executive Session at 12:02
a.m.
Bird: Second,
Corrie: Motion made and second that we come out of Executive Session at
12:02 a.m. according to the laws of state of 67-2345, no decisions were made at
that meeting. (Inaudible)
Anderson: Mr. Mayor I make a motion that we adjourn the meeting.
Bird: I second it.
Corrie: Motion made and second that we adjourn. All those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
MEETING ADJOURNED AT 12:03 A.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED: /2. -l- q 8
C L-C n < rz-;:[
ROBERT D. CORRIE, MAYeR
~l1fl1j!./t ~.ee I IJre-/i?te;J;-
t/hj eMv~
:Jk~
"~ ~/~
WILLIAM G. BERG, JR., clTW'cL RK
JUSTIN P. AV~SWORTH
JULIE K~EIN FISCHER
WM. F. GIGRAV, 111
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NVE
PHI~lP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHER FORO
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, EA.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (20B) 28B-2499
FAX (208) 288.2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
December 4, 1998
RECEI\TED
DEe ~ 7
CITY OF MERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: ASHFORD GREENS NO.3 AND NO.4
Dear Will:
Pursuant to City Council action of November 17, 1998, I have prepared the ORDER OF
CONDITIONAL APPROVAL OF FINAL PLAT in the application of Brighton Corporation,
regarding the above matters. These documents are now ready for the Mayor's signature and after
the Mayor's signature has been secured, and the City Clerk's signature secured, the originals
should be retained by the City Clerk. Copies should be served upon the Applicant, the Plamling
and Zoning Department and the Public Works Department, as designated by the City Clerk's
signature.
If you need further assistance by this office, please advise.
WFG/msg
Enclosure
--
~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF BRIGHTON CORPORATION, )
APPLICATION FOR FINAL PLAT FOR ) ORDER OF CONDITIONAL
ASHFORD GREENS NO.4, PORTION OF ) APPROVAL OF FINAL PLAT
THE W % OF THE W % OF SECTION 3, T. 3N. )
R. 1W., MERIDIAN, IDAHO )
This matter coming before the City Cou ncil for Final Plat approval pursuant to S 11-9-
604 H Municipal Code of the City of Meridian this 1 yth day of November, 1998 and the
Council finding that the Administrator Review is complete which has included certain
comments and conditions as stated in a letter to the Mayor and Council from Bruce
Freckleton, Assistant to the City Engineer, listing 6 General Comments and 14 Site Specific
Comments which are herein found fair and reasonable, and the Council having considered
the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1.) The Final "Plat of Ashford Greens NO.4" as evidenced in Plat bearing the job
reference G:\ASHFORD\ASHFORD 3\ASHFORD#4PLA T.DWG 8-20-98 SHEET 1 OF 2 98-
181 is Conditionally Approved subject to those conditions that the Applicant complies with
Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce
Freckleton, Assistant to the City Engineer and Shari Stiles, Planning and Zoning
Administrator, dated October 1, 1998, listing 6 General Comments and 14 Site Specific
Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by
ORDER OF CONDITIONAL APPROVAL OF
FINAL PLAT FOR ASHFORD GREENS NO.4
this reference incorporated herewith each comment therein as a separate condition of
approval.
2.) The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requ irements and
which shall be signed only at such time as the Plat dimensions are approved by the City
Engineer and the City Engineer has verified that all off site improvements are completed
and/or the appropriate performance bond has been issued guaranteeing the completion of
off site improvements.
By action of the City Council at its regular meeting held on November 17,1998.
.{J,~- ~~
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departm 1.
Dated:
/1-1 --rf3
...
...
...
By:
ORDER OF CONDITIONAL APPROVAL OF
FINAL PLAT FOR ASHFORD GREENS NO.4
2
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 88.\-.\264
Council Members
CITY OF MERIDIAN
CHARLES ROUNTREE
GLENN BENnEY
RON ANDERSON
KEITH B lRD
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888.4433 . Fax (208) 887.4813
PUBLIC WORKS
BUILDING DEPARTMENT
C:!08l 887-221 I
PLANNING AND ZONING
DEPARTMENT
(208) 88.\-5533
MEMORANDUM:
October 1, 1998
To:
Mayor and City Council
Bruce Freckleton, Assistant to City Engineer~
Shari Stiles, P&Z Administrator
RECE~D
OCT 0 1 1998
CITY OF MERIDIAN
From:
Re:
ASHFORD GREENS NO.4 By Brighton Corporation
(Request for Final Plat approval)
We have reviewed this submittal and offer the following comments, as conditions of the
final plat. These conditions shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
GENERAL COIvTh1ENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confrrmation of said approval submitted to the Public Works Department.
2. 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.
3. Determine the normal groundwater elevation, and submit a profile of the subsurface soil
conditions, as prepared by a soil scientist, with street development plans.
4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted,
and detail plans for reducing or eliminating the boundary.
5. Coordinate fIre hydrant placement with the City of Meridian Public Works Department.
6. Please address, in Vlfitten form, all items contained in this memorandum and submit to
the City Clerk's office by 5:00 P.M. of the Monday prior to the scheduled meeting of the
City Council. Prior to development plan approval, three copies of the revised plat must be
A5hford4FP.doo
Mayor, Council and P&Z
October 1, 1998
Page 2
reviewed by the Public Works Department for compliance with all conditions of plat
approval.
SITE SPECIFIC CO.MMENTS
1. This final plat generally conforms to the approved preliminary plat.
2. Submit detailed landscaping plans for the common areas, including sizes and species of
vegetation and details of walkways, for approval prior to signature on the final plat. A
letter of credit or cash will be required for these improvements prior to signature on the
fmal plat. All landscaping is to be completed prior to obtaining certificates of occupancy.
3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
Sidewalk improvements will be required along entire frontage of N. Black Cat Road
(Ashford Greens No.1, 3, and 4) as well as within development.
4. Sanitary sewer service to this site will be via the existing main that traverses through the
development. Applicant will be responsible to construct the sewer mains to and through
this proposed development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of centerline.
5. Water service to this site will be via an extension of an existing main that traverses
through the development. Applicant will be responsible to construct the water mains to
and through tbis proposed development, as well as the 10" diameter water main
connecting the Ashford Greens development to The Lakes at Cherry Lane development,
as sho"WIl on sheet 18 of the approved development plans for Ashford Greens
Subdivision. This interconnection is needed to provide a more reliable "looped" water
system to this area. With all of the growth in the area, the volume of flows available for
fIre protection has been deminished. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
6. All street signs, road base, street lights, pressurized irrigation system, domestic water
system (activated fire hydrants), and fencing are to be installed prior to obtaining building
permits.
7. The developer shall be required to update the pressurized irrigation system O&M manual
to include all phases oftbis development. A substantially complete copy shall be required
prior to development plan approval, and the final complete copy, including as-built
drawings shall be required prior to the City's final subdivision approval.
8. '.The Real Point of Beginning" shown on the face of the plat doesn't match the
corresponding point as noted in the legal description of the Certificate of Owners. Revise
the face of the plat to match the legal description.
Ashford4.FP.doc
Mayor, Council and P &Z
October 1, 1998
Page 3
9. The Land Surveyor preparing the plat shall affrx his seal, signature and date to the face of
the plat.
10. Please provide a detail on the face of the plat that is an exploded view of the lot pin
configuration for the northwest comer of Lot 24, Block 19.
11. Please add or revise the following plat notes:
(I.) Building setbacks and dimensional standards in this subdivision shall be ill
compliance with the applicable zoning regulations of the City of Meridian.
(6.) ... highest known seasonal normal ground water elevation.
(8.) ... time of resubdivisioIl; or as allo'.ved by conditional use.
(11.) A blanket easement shall cover Lots 2, and 12, Block 19, for the benefit of the City
of Meridian for a water main.
12. Revise the domestic water service origin note in the Certificate of Owners to read:
"All lots within this plat will be eligible to receive water service from the City of
Meridian's municipal water system, and the City of Meridian has agreed in writing to
serve all the lots in this subdivision."
13. Graphically depict 10' wide Public Utilities, Drainage and Irrigation Easements along the
northern boundary of Lot 9, Block 19, and the western boundary of Lot 13, Block 19.
14. Please correct the last call prior to "The Real Point of Beginning" in the legal description
ofthe Certificate of Owners (8 00038' 11 "W, should read N 00038' 11" E).
Ashford4.FP.doo
MERIDIAN CITY COUNCIL MEETING:
NOVEMBER 17, 1998
APPLICANT:
ITEM NUMBER: 12-1A
REQUEST:
DEPARTMENT REPORTS - GARY SMITH - CHANGE ORDER FOR TULLY PARK
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
SEE ATTACHED CHANGE ORDER
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
~vV
r>>fI
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.
You are hereby requested to comply with the following changes from the contract
lans and s ecifications:
Description of Changes In
This Change Order
list se aratel
1. Change in quantities in original bid
schedule.
2. Sprinkler system in landscape strip
between curb and sidewalk.
3. S rinkler s stem alan south bounda
4. Add 500 If of sprinkler main line to south
bounda s stem; 500 If $1.67/lf
5. Change sprinkler risers from plastic to
stainless steel; 251 head'@ $9.20
incremental cost er head
6. Added control wire to additional
automatic valves; 1,500 If $O.115I1f
Sum of Increase and Decrease:
Net Chan e in Contract Price:
CONTRACT CHANGE ORDER
DATE:
CONTRACT FOR:
Tully Park Improvements
OWNER:
CITY OF MERIDIAN. IDAHO
TO: BOISE PAVING & ASPHALT COMPANY, INC.
(Contractor)
INCREASE
in Contract
Price
$3,816.85
$5,577.04
$833.75
$2,309.20
ORDER NO.:6
(sprinkler s0em)
DECREASE
in Contract
Price
$2,240.39
$172.50
$12,689.34
$10468.85
$2,240.39
JUSTIFICATION (attach supplemental documents): See attached Exhibit "An for summary
of all items listed above. 1) The original bid quantities were estimated. Many changes were
made to the sprinkler system at the direction of the Parks Department. 2) System required
between curb and sidewalk. The sidewalk was separated to avoid costs of re-aligning the
power poles and lines. This decision made after award of contract. 3) Drip system originally
designed and bid deleted and turf heads installed and grass installed at direction of Parks
Department. 4) Related to preceding #3. 5) Sprinkler heads changed from originally
specified. plastic risers to stainless steel to prolong expected useful life of heads. 6) Add
electric valves to softball infields to automate sprinkling; valves were specified as manual
originally.
CHANGE IN CONTRACT PRICE:
Original Contract Price: $634,747.72
Previous Change Orders No. -L to No. -l ($19,738.72)
Contract Price prior to this Change Order: $615,009.00
Net (Increase/Dccre:Jse) of this Change Order: $10,468.85
Contract Price with all approved Change Orders: $625,477.85
CHANGE IN CONTRACT TIME:
Original Contract Time: 120 days (begin 10/22/97-
suspended 12/19/97)
Previous Change Orders No. -L- to No. S None
Contract Time prior to this Change Order: 120 days
Net (Increase/Decrease) of this Change Order: -0-
Contract Time with all approved Change Orders: 120 days
New Contract End Date: 6/24/98 (Resume 4/22/98 after
Winter suspension)
This document will become a supplement to the Contract and all provisions will apply hereto.
ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR
The increase or decrease in Contract price and/or Contract time stated in each and every
Change Order shall unequivocally comprise the total price and/or time adjustment due or
owed the CONTRACTOR for the work or changes ordered by the Change Order. By
executing the change Order, the CONTRACTOR acknowledges and agrees that the
stipulated price and/or time adjustments represent full compensation for all increases or
decreases in cost or the time required to perform the Contract as whole arising directly or
indirectly from the Change Order, including costs and delays associated with the interruption
of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other
non-affected work under Contract not changed by the Change Order. Signing of the Change
Order constitutes full and mutual accord and satisfaction for the adjustment in Contract price
and/or time, subject to the current scope of the entire work as set forth in the Contract
Documents. Acceptance of this Change order constitutes an agreement betv1/een Owner and
CONTRACTOR that the Change Order represents an equitable adjustment to the Contract,
and that CONTRACTOR will waive all rights to file a claim of the Change Order after it is
properly executed.
All Change Orders shall include a written record, submitted by the CONTRACTOR, that states
the basis of cost amount, including time and materials data, that enables the Owner to
determine the necessity and reasonableness of the Change Order.
RECOMMENDED:
DATE:
ENGINEER
APPROVED:
DATE:
OWNER
APPROVED:
DATE:
CONTRACTOR
==.~~ OQ, V~ ~~
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L.'\KESHORE GREENHOUSE AND LANDSCAPING, INC.
127 '17 Lakeshore Dr.
Nampa, ID 83686
Office (208) 467~7114
Fax (208) 467-2095
F,-\ CSJJ'yfD...E TRANSMITTAL
DATE:
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TULLY PARK IMPROVEMENTS
DATE:
REVISED:
DESCRIPTION:
3/16/98
11/4/98
Bid Schedule 2 (sprinkler system) cha nges surrnrary
Oescri ption
Estimated Quantity
Quantity Completed
Unit
Quantity
Addedl
Oilleted
Unit
Price
Total
Scheduled
Value
Total
Completed
Value
Added/
Deleted
Total
1" Class 200 PVC Pipe 6.428 8,250 LF 1.822 $0.40 $2,571.20 $3,300.00 $728.80
1112" Class 200 PVC Pipe 4,939 ,'. .5,220 LF 281 $0.47 $2,321.33 $2,453.40 $132.07
2" Class 200 P\IC Pipe 1,983 . 2,46Q LF 477 $0.78 $1,546.74 $1,918.80 $372.06
2 112" Class 200 P\IC Pipe 2,000 .''':'2;520 LF 520 $1.10 $2,200.00 $2,m.00 $572.00
3" Class 200 PVC Pipe 855 . 1,040 LF 185 $1.71 $1,462.05 $1,778.40 $316.35
4" Class 200 PVC Pipe 1,080 . .1,2(10 IF 120 $2.47 $2,667.60 $2,964.00 $296.40
Rainbird Falcon Sprinkler Head 251 ;- 26t EA 0 $115.00 $28.865.00 $28,865.00 I $0.00
Rainbird T-Bird Sprinkler Head 105 .: '.;115 EA 10 $40.25 $4.226.25 $4.628.75 $402.50
Rainbird 1800 Series Sprinkler Head 96 "0 EA -96 $14.37 $1,379.52 $0.00 ($1,379.52)
Rainbird 1" Electric Valve 3 ':0 EA -3 $100.05 $300.15 $0.00 ($300.15)
Rainbird 1.5" Eledric Valve 37 ',;.43 EA 6 $155.25 $5,744.25 $6,675.75 $931.50
RainbirdESP-40MC Controller 1 . .;. '. /1' EA 0 $1,955.00 $1,955.00 $1,955.00 $0.00
Quick-Coupling Valve 2 ....;.'.:.2 EA 0 $115.00 $230.00 $230.00 $0.00
Quick-Coupling Valve Key 21.... .';-:',2 EA 0 $46.00 $92.00 $92.00 $0.00
Quick-Coupling Valve Cover Key 2 2 EA 0 $46.00 $92.00 $92.00 $0.00
Quick-Coupling Swivel Hose Ell 2 .... . '.2 EA 0 $23.00 $46.00 $46.00 $0.00
Rainbird Xerigalion Con. Zone KilIPress. 4 . '0 EA .4 $212.75 $851.00 $0.00 ($851.00)
Rainbird Xeritube 500 Foot Roll 7 . .' 0 EA .7 $138.00 $966.00 $0.00 ($966.00)
Rainbird Rush Valve 7 . . :0 EA -7 $69.00 $483.00 $0.00 ($483.00)
Drain Valve 4. ...... 4 EA 0 $460.00 $1.840.00 $1.840.00 $0.00
Air Relief Valve 4 . .3 EA -1 $402.50 $1.610.00 $1,207.50 ($402.50)
Reduced Pressure Backflow Prevent. Oil 1 ..... c1 EA 0 $2,990.00 $2,990.00 $2,990.00 $0.00
Pressure Riter Assembly 1 '. 0 EA -1 $ 1,610.00 $1,610.00 $0.00 ($1.610.00)
Subtotal: $66,049.09 $63,808.60 .$2,240.49
Description
I. Linder Road System
Quantity
Completed
Unit
Lake Shore Lake Shore
Unit Total Campi.
Price Value
Boise Pav.
Unit
Price
Boise Pav.
Total Campi.
Value
1. Rainbird Series 1804 Spray Heads t401 EA $12.50 $1,750.00 $14.38 $2.012.50
2. Rainbird 1.5" Eledric Valve 21 EA $135.00 $270.00 $155.25 $310.50
3. Control Wire to Valves 2500 LF $0.10 $250.00 $0.12 $287.50
4. 2" Sch 40 PVC Mainline 140 LF $1.60 $224.00 $1.84 $257.60
5.1" Class 200 PVC Pipe 600 LF $0.35 $210.00 $0.40 $241.50
6.1112" Class 200 PVC Pipe 300 LF $0.41 $123.00 $0.47 $141.45
7. 2" Class 200 PVC Pipe 300 LF $0.68 $204.00 $0.78 $234.60
8. 2 112" Class 200 PVC Pipe 300 LF $0.96 $288.00 $1.10 $331.20
Subtotal:
$3,319.00
$3,816.85
II. S. Fenceline System
1. Rainbird Series 1804 Spray Heads 200 EA $12.50 $2,500.00 $14.38 $2,875.00
2. Rainbird 1.5" Electric Valve 4 EA $135.00 $540.00 $155.25 $621.00
3. l' Class 200 PVC Pipe 600 LF $0.35 $210.00 $0.40 $241.50
4. 1 112' Class 200 PVC Pipe 600 LF $0.41 $246.00 $0.47 $282.90
5. 2' Class 200 PVC Pipe 720 LF $0.68 $489.60 $0.78 $563.04
6.2112" Class 200 PVC Pipe 900 LF $0.96 $864.00 $1.10 $993.60
Subtotal:
$4,849.60
$5,577.04
III. Miscellaneous
500' of 2" Soh 40 (to SW corner)
extra wire 10 "rmnual" elec. valves
change sprklr heads to stainless steel
500
1500
2511
$833.75
$172.50
$2,309.20
$3,315.45
Extra Work Total:
$12,709.34
Bid Schedule Total:
Total Sprinkler System Cost:
Original Bid Schedule Amount:
Net Increase over orig inal contract amount:
$63.808.60
$76,517.94
$66,049.09
$10,468.85
CITY OF MERIDIAN
PUBLIC WORKS DEPARTMENT
LETTER OF TRANSMITTAL
November 4, 1998
To:
Nathan Melad
Lake Shore Greenhouse & Landscaping
12427 Lakeshore Drive
Nampa, ill 83686
From:
Brad Watson, P.E.
Assistant City Engineer
Subject:
Tully Park Improvements
Enclosed are the folIowin :
DESCRIPTION
1
Proposed Change Order No.6 (sprinkler system changes)
These are transmitted:
o For your 0 For action II For review DFor your use
information specified below and comment
o As requested
Remarks:
Based upon the information you have provided to me, I have prepared a proposed Change Order
No.6 that includes ALL sprinkler changes I am aware of Please review for accuracy and
completeness. Unless I receive written comments to the contrary from you or Boise Paving by
11/11/98, I will assume CO #6 is accurate and complete and will present it to City Council for
approval. Thank you.
Copy to: Tom Kuntz, File Signed:
David Nielson, Boise Paving
200 E. Carlton. Ste. 100 Meridian. Idaho 83642
~/J~
(208) 887-2211
Fax (208) 887-1297
CITY OF MERIDIAN
PUBLIC WORKS DEPARTMENT
LETTER OF TRANSMITTAL
November 4, 1998
To:
David Nielsen
Boise Paving & Asphalt Co., Inc.
P.O. Box 5814
Boise, ill 83705
From:
Brad Watson, P.E.
Assistant City Engineer
Subject:
Tully Park Improvements
E I d
th ft 11
nc ose are e 0 owmg:
COPIES DATE DESCRIPTION .
1 Proposed Change Order No.6 (sprinkler system changes)
These are transmitted:
o For your o For action liIIl For review o For your use o As requested
information specified below and comment
Remarks:
Based upon the information provided to me by Lake Shore Greenhouse & Landscaping, I have
prepared a proposed Change Order NO.6 that includes ALL sprinkler changes I am aware of.
Please review for accuracy and completeness. Unless I receive written comments to the contrary
from you or Lake Shore by 11/11/98, I will assume CO #6 is accurate and complete and will
present it to City Council for approval. Thank you.
Copy to: Tom Kuntz, File
Signed: b~~
200 E. Carlton, Ste. 100
Meridian, Idaho 83642
(208) 887-2211
Fax (208) 887-1297
MERIDIAN CITY COUNCIL MEETING:
NOVEMBER 17,1998
APPLICANT:
ITEM NUMBER: 12~1B
REQUEST: DEPARTMENT REPORTS - GARY SMITH - ENGINEER AGREEMENT AMENDMENT FOR
USTICK RESERVOIR - CONSTRUCTION ADMINISTRATION
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
SEE ATTACHED AMENDMENT NO.1
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
ov}2/
t!J1? P f
CENTRAL DISTRICT HEALTH:
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.
Amendment No.1
This is an amendment is to the AGREEMENT between CH2M HILL. INC. (ENGINEER) and
the City of Meri9ian (OWNER) dated March 13, 1997, for a PROJECT generally described as
the Ustick Reservoir and Pump Station. The purpose of this amendment is to provide
construction period services during the construction of the Ustick Reservoir and Pump Station.
The improvements are more completely defined in the Contract Documents for the Ustick
Reservoir and Booster Pump Station for the City of Meridian, Idaho, CH2M HILL, INC. August
1998. All other tenns and conditions of the Agreement remain unchanged.
Article 1. Scope of Services
ENGINEER agrees to furnish OWNER the following specific services:
See attached Scope of Services.
Article 2. Compensation
See ATTACHMENT B.
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Meridian
dated this
day of
, 19_
By:
Name
Title
By:
Name
Title
For ENGINEER, CH2M HILL, INC.
dated tl~~ d~. 19 'fE
By: +c:Q- t, . V."", ?iWl.< ll,.~h '^"'-\,r
Nam Title ~
By:
Name
Title
AMENDJ.DOC
SCOPE OF SERVICES
Bidding and Construction Period Services for the Ustick Reservoir and Booster Pump Station
Project
Provide the following:
1.
SDCSCOPE DOC
a.
Engineering Services During Construction
Print and bind the final contract document and provide document mailing
and pre-bid services, such as preparation of advertisements, distribution of
plan-holders lists, and issuing of addenda to interpret, clarify, or expand
the Bidding Documents.
b.
Attend and coordinate a pre-bid meeting with interested Contractors and
the OWNER at City Hall.
c.
Assist the OWNER in receiving and tabulating construction proposals;
prepare bid tabulation sheets and report the results to the OWNER; and
assist in awarding the Contract for construction.
d.
Prepare four sets of Contract Documents from the successful Contractor's
proposal/submittal for execution by the Owner and Contractor.
e.
Attend and coordinate a pre-construction meeting with the Contractor and
the OWNER at the project site.
f.
Issue interpretations and clarifications of the Contract Documents, and
evaluate requested deviations from the approved design or specifications.
In connection therewith, prepare work change directives and change
orders, as appropriate.
g.
Assist in negotiating with the Contractor the scope and cost of any
necessary contract change orders. Prepare such change orders as may be
required and submit them to the OWNER for approval and to appropriate
state and federal agencies for review.
h.
Make periodic visits to the site of the PROJECT, at intervals appropriate to
the various stages of construction as ENGINEER deems necessary, to
observe the progress and quality of work and to endeavor to determine, in
general, if the work is proceeding in accordance with the intent of the
Contract Documents.
1.
Review and approve (or take other appropriate action in respect of) Shop
Drawings, samples, and other data that Contractor(s) are required to
submit, but only for conformance with the design concept of the PROJECT
and compliance with the information given in the Contract Documents.
Such reviews and approvals or other action shall not extend to means,
methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto.
J. Supervise the work of the ENGINEER's onsite representative personnel,
subconsultants, and other personnel of the ENGINEER.
k. Make a final inspection of the construction to determine, in general, if the
work has been completed in conformance with the intent of the Contract
Documents. The OWNER may furnish a representative to jointly make the
final observation of the construction.
L Revise original drawings and submit to the OWNER, upon completion of
the work, three (3) sets of drawings showing the record of the as-
constructed status of the work, using ,available information supplied by the
Contractor(s), onsite representative personnel, suppliers, and other sources.
2. Resident Project Representative
a. Furnish onsite Resident Project Representative personnel to assist the
OWNER in the OWNER's relations with the Construction Contractor(s);
to provide on-the-job, day-to-day observation of the work as defined
herein; to prepare periodic progress reports on the work; to recommend the
amounts of payment due the Contractor(s) as set forth in the Construction
Contract(s); and to keep records, maps, and plans to help in the preparation
of record drawings of the PROJECT. The amount of time furnished will
be 750 person-hours over a contract time of 240 calendar days to complete
the work so that it is ready for final payment as evidenced by the
ENGINEER's written recommendation for final payment. This does not
include overtime and contract time extensions, if required by the
PROJECT or the Contractor to achieve final completion. Overtime and
contract time extension, if deemed required by the OWNER and the
ENGINEER, will be addressed in an Amendment to this Contract. This
estimate of time is based upon the Contractor being experienced in the
construction of water facilities. If an inexperienced or non-cooperative
contractor is the successful bidder then this budgeted amount of hours
could need to be increased by addendum to respond to this situation. The
Resident Project Representative personnel will be under the supervision of
the ENGINEER and will have the limited responsibility and authority as
designated by the ENGINEER, this AGREEMENT, and the Contract
Documents.
3 Materials Testing
a. Provide special personnel and/or equipment required to assist in the onsite
representative's observation of construction materials or equipment, such
as, but not limited to, services provided by a testing laboratory for testing
concrete cylinders, and in-place compaction testing to verify the results of
testing performed by the Contractor(s).
4.
Additional Services
SDCSCOPE DOC
2
SDCSCOPE DOC
The services enumerated herein will be performed only as authorized by the
- OWNER. Authorization to proceed will be as specified herein or in the form of a
Task Order specifying the work to be performed and basis of payment. Each Task
Order, after execution by both parties to this AGREEMENT, will become a
supplement to, and a part of, this AGREEMENT
a. Provide services resulting from identified changes in scope of the
PROJECT or its design, including, but not limited to, changes in size,
complexity, OWNER's schedule, or character of construction or method of
financing; and revising previously accepted studies, reports, design
documents, or Contract Documents when such revisions are due to causes
beyond ENGINEER's control.
b. Provide administrative and support services during construction that are
outside of the basic compensation for Final Design Services and Services
During Construction such as the following:
l. Investigations, meetings, and negotiations with the Contractor
involving claims and legal complaints, or a significant amount of
defective or negligent work of the Contractor.
ii. Additional work resulting from delinquency or insolvency of the
Contractor; or as a result of damage to the construction PROJECT
caused by fire, flood, earthquake, or other acts of God, all
exclusive of additional work resulting from litigation.
iii. Processing Change Orders and Work Change Directives involving
OWNER-requested changes in approved designs.
IV. Additional work resulting from strikes, walkouts, or other acts of
trade or labor unions or work required to resolve disputes or goals
involving minority involvement. Additional work resulting from
significant delays or acceleration of the work by the Contractor,
changes or price increases occurring as a direct or indirect result of
materials, equipment, energy shortages, or significant amount of
defective or neglected work by any Contractor.
c. Provide assistance in investigating the cause of malfunctions, failures, or
accidents.
J
PAGE 1 OF 1
IviUl T1PlIER
ATTACHMENT B - COMPENSATION
ARTICLE 2. COMPENSATION
Compensation by OWNER to ENGINEER will be as follows'
A. COST REIMBURSABLE-MULTIPLIER (TIME AND
EXPENSE)
For services enumerated in ARTICLE 1, ENGINEER's
Salary Costs multiplied by a factor
of _2.0 , pius Direct Expenses,
plus a service charge oCO_ percent Direct Expenses and
_10_ percent of subcontracts and outside services, plus
applicable sales, use, value added, business transfer,
gross receipts, or other similar taxes.
B. BUDGET"
A budgetary amount of _One Hundred Nine Thousand
Three Hundred
Dollars
),
($109,300
excluding taxes, is hereby established for seNices in
ARTICLE 1. ENGINEER will make reasonable efforts to
complete the work within the budget and will keep
OWNER informed of progress toward that end so that the
budget or work effort can be adjusted if found necessary.
.. See attached Table 1, Budget Summary, for breakdown
of the proposed budget.
Form 3988 1
REVISED 7/97
ENGINEER IS not obligated to (Ilcur costs beyond the
Indicated budgets, as maybe adjusted, nor is OWNER
obligated to pay ENGINEER beyond these limits
When allY budget has been increased, ENGINEER's
excess costs expended prior to such increase will be
allowable to the same extent as if such costs had been
incurred after the approved increase.
C. DIRECT SALARIES
Direct Salaries are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on
the PROJECT, exclusive of all payroll-related taxes,
payments, premiums, and benefits.
D. SALARY COSTS
Salary Costs are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on
the PROJECT plus a percentage applied to all such
wages or salaries to cover all payroll-related taxes,
payment, premiums, and benefits.
E. DIRECT EXPENSES
Direct Expenses are those necessary costs and charges
incurred for the PROJECT including, but not limited to: (1}
the direct costs of transportation, meals and lodging,
mail, special OWNER approved PROJECT specific
insurance, fetters of credit. bonds, and equipment and
supplies; (2) ENGINEER's current standard rate charges
for direct use of ENGINEER's vehicles, laboratory test
and analysis, printing and reproduction services, and
certain field equipment: and (3) ENGINEER's standard
project charges for computing systems, special health
and safety requirements of OSHA, and
telecommunications services
Tahle 1
Budgct Summary for
Bidding and Constmction PCI'jod Scr'Viccs
Ustick Rcservoir and Boostcr Pump Station Project
Labor $)
36,800
51,800
2,300
As Authorized
Ex lcnsc (5)
3,600
6,700
8.100
As Authorized
Total ($)
40 AOO
58,500
(DADO
As Authorized
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PAGE. 04
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF JIM HICKS, EAST OF W. 7TH AND SOUTH) FINDINGS OF FACT AND
OF IDAHO, THE APPLICATION FOR ) CONCLUSIONS OF LAW AND
CONDITIONAL USE PERMIT FOR 8 ZERO ) RECOMMENDATION TO CITY
LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL
BLOCK 2, TERRA SUBDIVISION, MERIDIAN, )
IDAHO )
The above entitled conditional use permit application having come on for public
hearing on August 11, 1998 and August 31, 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 appearing in person, and having duly considered the matter, the Planning
and Zoning Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearings scheduled for August 11,
1998 and August 31, 1998, before the Planning and Zoning Commission, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearings and with the notice of
public hearing having been posted upon the property under consideration more than one
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 1
week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the Planning and Zoning Commission at the
August 11, 1998 and September 31, 1998 public hearings; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509,6512, and 911-2-416E and 418E as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. The property is located within the City of Meridian; that the general location
of the property is East of W. yth and South of Idaho, Meridian, Idaho, and described in the
application which description is incorporated herein.
4. The applicant is the record owner of the property and has filed a written
request for a conditional use permit.
5. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
6. The subject property is currently zoned (R-15), Medium High Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 2
Residential District. The zoning of the Medium Density Residential District (R-15) is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-
408B(5).
7. The proposed application requests a conditional use permit for the subject
property subdivision of two existing four plexes into eight (8) zero lot line townhouses.
The R-15 zoning designation within the City of Meridian Zoning and Development
Ordinance requires that a conditional use permit be obtained for most uses including the
request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-
409).
8. The applicant testified at the public hearings that the particular
characteristics of the subject property make the proposed conditional use desirable.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and
through a Memorandum dated August 7, 1998, and by and through testimony during the
public hearings on this matter. Such report and comments are hereby incorporated
herein.
11. The Meridian City Police Department, the Nampa & Meridian Irrigation
District, the Ada County Highway District, and the Meridian Fire Department submitted
comments which are also hereby incorporated herein.
12. The use proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 3
conditional use as determined by City Policy.
13. The proposed use within the subject application will be harmonious with
and in accordance with the Comprehensive Plan in this Ordinance.
14. The use proposed within the subject application will be operated and
maintained to be harmonious and appropriate in appearance or attended character within
the general vicinity and that such use will not change the essential character of the same
area.
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
17. The use proposed within the subject application will not create excessive
additional requirements at public costs, for public facilities and services, and will not be
detrimental to the economic welfare of the community.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 4
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning and Zoning Commission may exercIse all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. To occupy and use real property which is designated and zoned as Medium
High Density Residential (R-15) District within the City of Meridian for zero lot line
townhouses requires approval by the Commission as provided for under the City of
Meridian Zoning and Development Ordinance, 11-2-409.
5. The Commission has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding but the following standards are met
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 5
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
i. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
6. Prior to granting a conditional use permit in a Medium High Density
Residential (R-15) District, one (1) public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the land under consideration for conditional use
permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 6
Zoning and Development Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained property;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in
this Ordinance.
9. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning Commission hereby approves the proposed
application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 7
a. It is provided that all requested conditions set forth within the
memorandum of Bruce Freckleton, the Assistant to the Meridian
City Engineer, and Shari Stiles, the Meridian Planning and Zoning
Administrator, dated August 6, 1998 be complied with.
b. All comments and conditions set forth by the Meridian City Police,
Fire District, Ada County Highway District, and Nampa & Meridian
Irrigation District must be complied with.
10. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
11. It is hereby recommended by the Meridian Planning and Zoning
Commission that should be applicant meet the afore stated conditions that the
requested conditional use permit for the uses set forth hereinabove be granted by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 8
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER BORUP
VOTED ~
VOTED ~~
VOTED Af'A
VOTED Ap
VOTED ---
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MAC COY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for the uses
set forth within these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED: ~'''l- 1A)
1 00998-Final CCl-t~
10/13/7&
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT
LINE IN AN R-15
Page 9
APPROVALOF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this /7ii1 day of ;r/tJ!/.e~-v ,1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
VOTED~
VOTED ~O..A
VOTED ~
VOTED LJ-l2A
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL)
APPROVE~=:::
DISAPPROVED .
RECEIVED
r~ 0 V 1 7 1998
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW M (! t{ p
m ~tL 7;;'"Zdnkt.~ Jbj ;;Ifl-/I;~k.s
.:;,
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. E GIGRAY. III
D.SAMUEL)OHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE. SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
December 1, 1998
nC'(' - 1
.Lv
CITY OF lVIERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: TERRA TOWNHOUSE SUBDIVISION
Dear Will:
Pursuant to City Council action of November 17, 1998, I have prepared the FINDINGS
AND ORDER OF APPROVAL OF PRELIMINARY PLAT in the application of Jim Hicks,
regarding the above matter. This document is now ready for the Mayor's signature and after the
Mayor's signature had been secured, and the City Clerk's signature secured, the original should
be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and
Zoning Department and the Public Works Depmtment, as designated by the City Clerk's
signature.
If you need further assistance by this office, please advise,
WFG/msg
Enclosure
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLlCA TJON
OF JIM HICKS, APPLICATION FOR
PRELIMINARY PLAT PERMIT FOR TERRA
TOWNHOUSE SUBDIVISION~ EAST OF W.
7TH AND SOUTH OF IDAHO, MERIDIAN,
IDAHO
) FINDINGS AND
) ORDER OF
) APPROVAL OF
) PRELIMINARY
) P LA T
)
The above entitled matter coming on regularly for public hearing before
the City Cou ncil on the 17th day of November, 1998. Appearing at the hearing
on behalf of the Applicant was Mr. Bob Unger of Pinnacle Engineers, Inc.
Appearing in opposition was Terri! Jared of 624 West Broadway, Meridian,
Idaho, who appeared and then withdrew his opposition. The City Council
received a report from Shari Stiles, the Planning and Zoning Administrator, and
received and reviewed the transcript of the public hearing as Item #2 held before
the Planning and Zoning Commission on October 13, 1998, and the record of the
proceedings before the Planning and Zoning Commission including the
application and the preliminary plat drafted by Pinnacle Engineers, Inc., entitled
Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98, drawn by
DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP-1, which
was submitted for preliminary plat approval and which preliminary plat is herein
received and adjudged by the City Council pursuant to Section 11-9-604,
Municipal Code of the City of Meridian. Therefore the City Council makes the
following findings:
FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS
FINDINGS OF FACT
1. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban
Area as defined in the Meridian Comprehensive Plan Generalized Land Use
Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted
December 21, 1993, and the property is presently zoned R-15, Medium High
Density Residential District, which provides for the establishment of medium-high
density single-family attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such districts must have direct
access to a transportation arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the Municipal Water and
Sewer systems of the City of Meridian. The predominant housing types in this
district will be patio homes, zero lot line single-family dwellings, townhouses,
apartment buildings and condominiums. [see Section 11-2-408 B 5, Municipal
Code of the City of Meridian.]
2. This proposal is a resubdivision of all of Lots 2 and 3, Block 2, of
Terra Townhouse Subdivision lying in the NW 1/4 of the SE 1/4 of Section 12,
Township 3 North, Range 1 West, Boise Meridian, which townhouses shown on
the preliminary plat are currently constructed and occupied. The apartments
were constructed to townhouse standards with the exception of individual sewer
and water services. A new sewer main extension will serve the individual
FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS
townhouses. New water meters will be constructed for individual service to each
townhouse. Each of Lots 5-8 and 10-13 of Block 1 will be sold with the lot on
which the carport serves the townhouse. Lot 9, Block 1 is a common lot and will
be owned and maintained by the homeowner's association.
3. The preliminary plat is in conformance with the Comprehensive
Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January
4, 1994, as set forth in Residential Policies, therein at Sections 2.1 U and 2.5U on
page 23 and at the Housing Policies at pages 67 and 68, Sections 1.1, 1.3, 1.4,
1.9 and 1.19, and the Neighborhood Identity Goal Statement at page 74,
Sections 6.4U and 6.5U and is in conformance with existing Zoning and
Development Ordinance and Zoning Map as is referenced at page 75 under
Implementation of the Comprehensive Plan.
4. It is determined that Urban Services can be made available to
accommodate the proposed development if the plat complies with the following
responses of government entities providing those services within this planning
jurisdiction were received from the City's Planning and Zoning Administrator,
includes the following:
A. Existing single sanitary sewer services to this site will have
to be converted to a new private sewer main and service
lines to each unit. Applicant will be responsible to construct
the private sewer main through this proposed development.
Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ TIM HICKS
B. Existing single water services to this site will have to be
converted to individual metered services. Applicant will be
responsible to construct the water system improvements to
and through this proposed development. Subdivision
designer to coordinate sizing and routing with the Public
Works Department."
5. The proposed development is a continuity of the proposed
development within the City's Capital Improvement Program and if the conditions
which are requested by the City's Planning and Zoning Administrator and as
proposed by the developer as stated on the preliminary plat there will be public
financial capability of supporting services for the proposed development.
6. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there
have been no specifics of any such concerns brought to the Council's attention.
ORDER
Pursuant to the City Council's authority as provided in Section 11-9-604E
of the Municipal Code of the City of Meridian and based upon the above and
foregoing Findings of Fact IT IS HEREBY ORDERED AND THIS DOES ORDER
the Preliminary Plat of the applicant as evidenced by Pinnacle Engineers, Inc.,
entitled Preliminary Plat for Terra Townhouse Subdivision, dated 07-16-98,
drawn by DAB, checked by David A. Bailey, P.E., Project No. 97721, Sheet PP-
1, be and the same is hereby approved with conditions of approval as follows to-
FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS
wit:
1. If there are any existing irrigation/drainage ditches crossing the
property to be included in this project, they shall be tiled per City
Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling of
any ditches crossing this project.
2. If there are any existing domestic wells and/or septic systems
within this project they 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.
3. Submit letter from the Ada County Street Name Committee,
approving the subdivision and street names. Make any corrections
necessary to conform.
4. Existing single sanitary sewer services to this site will have to be
converted to a new private sewer main and service lines to each
unit. Applicant will be responsible to construct the private sewer
main through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works
Department.
5. Existing single water services to this site will have to be converted
to individual metered services. Applicant will be responsible to
construct the water system improvements to and through this
proposed development. Subdivision designer to coordinate sizing
and routing with the Public Works Department.
6. If there are any existing ditch easements the preliminary plat map
shall so indicate.
7. The 90' diameter temporary turnaround easement to be shown on
the plat.
8. Conditioned upon the Public Works Department reviewing the
sewer and water assessment records to determine if the proposed
townhouse conversion would require the payment of additional
assessments. Applicant will be required to enter into an
FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TO\VNHOUSE SUBDIVISIONI JIM HICKS
Assessment Agreement with the City of Meridian prior to signature
on the final plat map.
By action of the City Council at its regular meeting held on
November 17, 1998.
)
By: \i<~YAi)'~~:;::::;A~
c-ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the
Public W,1.S Department.
By: Atlv-:-A;3t-r~ ~ Dated: //-/1-'18
City Clerk \'HuA;ltlll
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FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT
FOR TERRA TOWNHOUSE SUBDIVISION/ JIM HICKS
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288.250]
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (20B) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
December 4, 1998
RECEIVED
DEe - 7
CITY OF MERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: TROUTNERBUSThffiSSPARK
Dear Will:
Pursuant to City Council action of November 17, 1998, I have prepared the ORDER OF
ADOPTION OF AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LA W in the
application of James Ballantyne, regarding the above matter. This document is now ready for the
Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's
signature secured, the original should be retained by the City Clerk. Copies should be served
upon the Applicant, the Plamling and Zoning Depmtment and the Public Works Department, as
designated by the City Clerk's signature.
If you need further assistance by this office, please advise.
Very truly yours,
WFG/msg
Enclosure
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION
OF TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION, SOUTH
OF FRANKLIN ROAD AND WEST OF
MERIDIAN ROAD, THE APPLICATION FOR
ANNEXATION AND ZONING FOR A
PORTION OF THE NE % SECTION 13 T 3N,
R 1W, MERIDIAN, IDAHO
) ORDER OF ADOPTION OF
) AMENDED FINDINGS OF
) FACT AND CONCLUSIONS
) OF LAW
)
)
)
)
The above entitled application to amend the Findings of Fact and
Conclusions of Law issued by the City Council on the 20th day of August, 1996,
having come on for public hearing on November 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 City Council having received the record of this matter
before the Planning and Zoning Commission and having received the oral report
of Planning and Zoning staff and the testimony of the representative of the
Applicant, James Ballantyne, and the Council having duly considered the matter
it does hereby make the following Findings of Fact and Conclusions of Law and
Decision and Order:
FINDINGS OF FACT
1 . A notice of a public hearing on the application to amend was
published for two (2) consecutive weeks prior to the said public hearing
scheduled for November 17, 1998, before the City Council, the first publication
ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT
AND CONCLUSIONS OF LAW
appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under
consideration more than one week before said hearing and the copies of all
notices were made available to newspaper, radio and television stations as
public service announcements; and the matter having been duly considered by
the Planning and Zoning Commission at the August 31, 1998, public hearing;
and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. The City Council finds good cause to adopt as its Findings of Fact
and Conclusions of Law as recommended by the Planning and Zoning
Commission, a copy of which is attached thereto marked Exhibit "A" and by this
reference incorporated herein as if set forth at length.
DECISION AND ORDER
NOW THEREFORE, it is hereby Ordered and this Does Order that:
1. The City Council does hereby adopt as its Findings of Fact and
Conclusions of Law as recommended by the Planning and Zoning Commission,
a copy of which is attached thereto marked Exhibit "A" and by this reference
incorporated herein as if set forth at length.
2. The Findings of Fact and Conclusions of Law No. 13 and 14 of the
Findings of Fact and Conclusions of Law issued by the City Council on the 20th
day of August, 1996, are hereby amended to read as follows, to-wit:
The use and development of C-G zoned Block 1: Lots 2 and 4; Block 2:
Lots 2-4, Lots 6-12, and Lots 14 and 15; Block 3: Lots 1-3 and Lots 5-7;
Block 4: Lots 1-3; and Block 5: Lots 1-3, shall be in accordance with the
allowed usage under the ordinance. The use and development of L-O
zoned Block 1: 6-10 and Lots 12 and 13, which are adjacent to existing
homes, will remain subject to the conditional use permit conditions as
provided in the August 20, 1996, Findings of Fact and Conclusions of
Law.
3. That the Development Agreement dated the 29th day of April,
1997, by and between the City of Meridian and the Applicant, Section 2 therein
be amended in accordance with the amendment to the Findings of Fact and
Conclusions of Law and that the City Attorney prepare such amendment to the
agreement for signature by the parties.
1998.
By action of the City Council at its regular meeting held on November 17,
/J "D-
By:/.;Q~ .
. OBERT D. CORRIE
Mayor, City of Meridian
------~
~.-<- .
Copy served upon Applicant, the
Public Wo s Department.
~
MOTION: APPROVED: N
12049B-Final
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Planning and Zomng Departme~~\\~, ~ft~rif;::'I/<,,,.
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ORDER OF ADOPTION OF AMENDED FINDINGS OF FACT AND
CONCLUSIONS OF LAW
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION ) AMENDED
OF TROUTNER BUSINESS PARK ) FINDINGS OF FACT AND
DEVELOPMENT CORPORATION, SOUTH OF) CONCLUSIONS OF LAW AND
FRANKLIN ROAD AND WEST OF MERIDIAN) RECOMMENDATION TO CITY
ROAD, THE APPLICATION FOR ) COUNCIL
ANNEXATION AND ZONING FOR A )
PORTION OF THE NE % SECTION 13 T 3N, )
R 1W, MERIDIAN, IDAHO )
The above entitled application to amend having come on for public hearing on July
7, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said dates 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
appearing in person, and having duly considered the matter, the Planning and Zoning
Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the application to amend was published for
two (2) consecutive weeks prior to the said public hearings scheduled for July 7, 1998
and August 31, 1998, before the Planning and Zoning Commission, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within 300 feet of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearings and with the notice of public hearing
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 1
having been posted upon the property under consideration more than one week before
said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the Planning and Zoning Commission at the July 7, 1998 and August 31,
1998 public hearings; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code S67-6509, 6512, and S11-2-416E as evidenced by the Affidavit of
Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report.
3. The property is located within the City of Meridian; that the general location
of the property is South of Franklin Road and West of Meridian Road, Meridian, Idaho,
and described in the application which description is incorporated herein.
4. The applicant is the record owner of the property and has filed a written
request to amend.
5. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4,1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
6. The subject property is currently zoned (L-O) Limited Office District and (C-
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 2
G) General Retail and Service Commercial. The zoning of the Limited Office District (L-
0) and General Retail and Service Commercial (C-G) is defined within the City of
Meridian Zoning and Development Ordinance, Sections 11-2-408B(7) & (11).
7. The City Council issued Findings of Fact and Conclusions of Law approved
by the City Council on August 20, 1998, which Findings of Fact and Conclusions of Law
are incorporated herein in full by this reference.
8. The City Council approved the Development Agreement on April 29, 1997,
which Development Agreement is incorporated herein in full by this reference.
9. The City Council approved the Annexation and Zoning Ordinance on
September 3, 1996, which Annexation and Zoning Ordinance is incorporated herein in full
by this reference.
9. The proposed application requests an amendment to the Findings of Fact
and Conclusions of Law as approved by the City Council on August 20, 1996, wherein
the applicant was required to process any further uses or developments in the (L-O) and
(C-G) zones by way of conditional use permit applications. The conditional use permit
restrictions were subsequently adopted into the April 29, 1997, Troutner Business Park
Development Agreement and Meridian City Ordinance No. 739. Specifically, the
applicant requests amendment to allow the use and development of C-G zoned Block 1:
Lots 2 and 4; Block 2: Lots 2 - 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3 and
Lots 5 - 7; Block 4: Lots 1 - 3; and Block 5: Lots 1 - 3, without processing conditional use
permits. The use and development of L-O zoned Block 1: Lots 6 - 10 and Lots 12 and
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 3
13, which are adjacent to existing homes, will remain subject to the conditional use permit
conditions as provided in the August 20, 1996, Findings of Fact and Conclusions of Law.
10. The testimony at the public hearings established that the particular
characteristics of the subject property make the proposed amendment desirable.
11. The Meridian Planning and Zoning Administrator, Shari Stiles, submitted
comments by and through testimony during the public hearings on this matter. Such
comments are hereby incorporated herein.
12. The Central District Health Department, the Meridian City Police
Department, the Nampa & Meridian Irrigation District, and the Meridian Fire Department
submitted comments which are also hereby incorporated herein.
13. The proposed amendment within the subject application will be harmonious
with and in accordance with the Comprehensive Plan in this Ordinance.
14. The uses proposed within the subject application will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance
or attended character of the general vicinity and that such uses will not change the
essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 4
17. The uses proposed within the subject application will not create excessive
additional requirements at public costs, for public facilities and services, and will not be
detrimental to the economic welfare of the community.
18. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. When property is annexed and zoned, the City Council may require or
permit, as a condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property (Section 11-2-
417(D), City of Meridian Zoning and Development Ord.). The City Council is authorized
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 5
to modify or terminate commitments (Section 11-2-417(D) & (E), City of Meridian Zoning
and Development Ord.).
4. To occupy and use real property which is designated and zoned as Limited
Office District (L-O) and General Retail and Service Commercial (C-G) within the City of
Meridian requires approval by the Commission as provided for under the City of Meridian
Zoning and Development Ordinance, 11-2-409.
5. The Commission has the duty and responsibility to review the facts and
circumstances of each application to amend to determine prior to granting the same that
the evidential showing supports the finding but the following standards are met (Section
11-2-416K, City of Meridian Zoning and Development Ord.):
a. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
b. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
c. Will not be hazardous or disturbing to existing or future neighboring
uses;
d. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
e. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 6
f. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
g. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets;
h. Will not result in the destruction, loss or damage of a natural or
scenic feature of importance; and
i. The proposed amendment is in the best interest of the City of
Meridian.
6. Prior to modifying a Finding of Fact and Conclusion of Law one (1) public
hearing shall be conducted with notice be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for conditional use permit all in accordance with the provisions
of Section 11-2-416(E)2 City of Meridian Zoning and Development Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-416(E)2, City of Meridian Zoning and Development
Ordinance.)
8. Having made the afore stated Findings of Fact and Conclusions of Law, the
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 7
City of Meridian Planning and Zoning Commission hereby approves the proposed
amendment set forth hereinabove with the following conditions:
a. That the amendment to the conditional use permit restrictions as
contained in the August 20, 1996 Findings of Fact and Conclusions
of Law shall only extend to C-G zoned Block 1: Lots 2 and 4; Block
2: Lots 2 - 4, Lots 6 - 12, and Lots 14 and 15; Block 3: Lots 1 - 3
and Lots 5 - 7; Block 4: Lots 1 - 3; and Block 5: Lots 1 - 3.
b. Conditional Use Permit proceedings are still a requirement as to use
and development of L-O zoned Block 1: Lots 6 - 10, and Lots 12
and 13.
c. All unmodified conditions and restrictions as contained in the
August 20, 1996, Findings of Fact and Conclusions of Law,
Meridian City Ord. 739, and the April 29, 1997, Troutner Business
Park Development Agreement shall remain effective and are
incorporated herein.
d. All comments and conditions set forth by Shari Stiles, the Meridian
Planning and Zoning Administrator, the Meridian City Police,
Meridian Fire District, Central District Health Department, and
Nampa & Meridian Irrigation District must be complied with.
9. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the amendment application.
10. It is hereby recommended by the Meridian Planning and Zoning
Commission that should the applicant meet the afore stated conditions that the
requested amendment set forth hereinabove be granted by the Meridian City Council to
the applicant.
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
- Page 8
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MACCOY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they adopt and approve the proposed amendment to
the August 20, 1996, Findings of Fact and Conclusions of Law, the April 29, 1997,
Troutner Business Park Development Agreement and Meridian City Ordinance No. 739
as set forth within these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED: J
101398-Final
DISAPPROVED: b
11/tOV:
/!(t ~(q{j
AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW - ANNEXATION AND ZONING -
TROUTNER BUSINESS PARK IN LO & CG
/W~ -I
- Page 9
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 /7-11 day of d yti/1n k~ ,1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
VOTED ~'-
VOTED d~--'
VOTED~
VOTED~
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL) ~ _-
APPROVED
-=:c--y
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~
/hJ--u;(-)tVL~t:;~~ /~t-IG
~c6rIFfl(!/L
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17, 1998
APPLICANT: CONSENT AGENDA ITEM NUMBER: B
REQUEST: WEeD ABATEMENT AT 121 E. KING STREET
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED LETTER
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
OVV
dffY
All Materials presented at public meetings shall become property of the City of Meridian.
FROM ROCKY MTN TRACTOR SERUICE
PHONE NO. 208 465 6186
Oct. 29 1998 12: 18PM Pi
ROCKY MOUNTAIN TRACTOR
2107 SECOND STREET SOUTli EXT.
NAMPA. lOAHO 83686
208465-9914
FAX 206-465..6186
PROPOSAL
TO:
CITY OF MERIDIAN
ATTN: JOE BELMONT
DATE:
October 29, 1998
PROJECT: 121 E. King Street
RMT-MC-I02
We propose to do project for the sum of $145.00
1. Mow front and back yards_
.r.
~~~
CITY OF MERIDIAN
Joe Behnont
OCT 29 '98 11: 16
208 465 6186
PAGE.01