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HomeMy WebLinkAbout2000 01-04 Mayor ROBERT D. CORRIE HUB OF TREASURE VALL-er ( - A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-250 I City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-[297 NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 4, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items on the regular City Council meeting. The public is welcome to attend. DATED this 30th day of December, 1999. (J/.eue jJP{1- frrr fJu~'C Aiof,Ctl.- - 7A~s MERIDIAN CITY PRE-COUNCIL MEETING JANUARY 4.2000 The special Pre-Council meeting of the Meridian City Council was called to order at 6:40 p.m. on January 4, 2000, by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, RON ANDERSON, CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY OTHERS PRESENT: BILL GORDON, WILL BERG, SHARI STilES, GARY SMITH, BILL GIGRAY, KEN BOWERS Corrie: ... City Hall, 6:40 p.m. to go over the Pre-Council agenda. Anybody- you want to start on the Consent Agenda (inaudible). Bird: Mr. Mayor, I've got a question. It's for the legal, I guess. On these Findings of Facts and Conclusions of Law, they are - aren't those supposed to be individually voted on? I mean, each Councilman and Mayor's vote recorded? Gigray: Mr. Mayor, Councilman Bird, I believe that you can, since this isn't where you have the recorded votes are on ordinances and on resolutions where the City enters into a contract, that's what the state law requires. But you could, as a rule- Bird: That's what we'd always done it in the past, and that's why I had brought that up. I have no problem with doing this, you know, but I just wanted to make sure we were okay; somebody couldn't come back and bite US~ Corrie: Good point. I think we discussed it last time that if they didn't get those in their packets by Friday (inaudible) weekend, we should pull them off and make sure we've got them to read them because (inaudible) have a chance to- Gigray: And I have a report on those two items anyway when you find it in order. ITEM F. New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: Bird: When, Mr. Mayor, I've got another question. On the new beer and liquor license, now I might have missed itJ but I didn't see anything other than just a deal. Do we have the form back on that, Will? Probably something that I've signed, but I don't know. Don't we get a form showing - with Chiefs signature and all of us on there? Berg: Mr. MayorJ members of the Council, normally, yes, there's a checklist for the Chief to sign. This is one of these licenses that we're waiting for the state license to be issued, and that was issued and we had received a copy today, and you can ask the ChiefJ but I think he's satisfied with that application. ( Meridian City Pre-Council Meeting January 4, 2000 Page 2 Gordon: Mr. Mayor, Councilman Bird, we received a copy of the state license late today. I'd already done all the checking that I needed. I was just waiting for the state to issue, so there isn't any problems at this time. I haven't signed those forms yet, but it will be signed tomorrow first thing. Bird: But there's no reason we can't run it right through on the Consent? Do you see any problems with that? Gordon: No. Absolutely not. Berg: Mr. Mayor. Corrie: Mr. Clerk. Berg: Thank you. Just a point of procedure that we've done in the past. In case there is something that needs to be voted on, a roll-call vote on the Consent Agenda, we have taken roll-call vote as approval of the Consent Agendas so that we are covered. There are sometimes resolutions in the Consent Agenda we need to have roll-call. Corrie: I think we could go ahead and take a roll-call vote. Bird: I think that would be smart and then we could cover ourselves; cover all our bases. I just don't want to get tangled up in something. Corrie: Well, we need to do it right, make sure we don't have any legal problems. ITEM G. Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC - east of Stoddard Road & south of Overland: ITEM H. Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single- family dwelling lots by Bear Creek, LLC - east of Stoddard Road & south of Overland Gigray: Mr. Mayor, if it - point of information. I have some items that I could, I think, handle in Pre-Council about some agenda items of late communications that I've received if that's agreeable. Mr. Mayor and Council, I would report on the items under the Consent Agenda, Items G and H, that I had a conversation with JoAnne Butler who represents the applicant. There may be a couple of items that they may want to open this back up on with regards to potential misunderstanding. She's not sure that there is, and she just requested that I communicate to the Mayor and Council that if you would be agreeable to hold (~ Meridian City Pre-Council Meeting January 4, 2000 Page 3 and just continue those items to the next Council meeting, then she'll know where she is on this, so I told her I would communicate that to you. ITEM 1. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William & Lucile Leavell - end of 5th, north of Creekside Arbour Phase and south of Fairview: ITEM 2. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for conditional use permit to construct 16 four-plexes with pool and clubhouse for use by Phase I & II (proposed Creekside Arbour Phase II) by William & Lucile Leavell: Under Item, old business, No.1, I believe that I've just handed to you a letter -- I received a communication from Fred Shoemaker who represents the developers in this particular instance. This particular development had some issues with regards to some conditions. I believe there was a possibility of them entering into some negotiations with some neighboring properties with regards to access. I don't believe that that ended up in facilitating their needs through access through neighboring properties. There are a couple of things that he wanted in the Development Agreement which I cannot reconcile given the pending action at least as we've submitted it, and I think the best thing to do would be to request that it be re-open the public hearings so they can submit a final plan which shows some pedestrian pathway accesses and some access issues there as to whether or not roads would be required to be dedicated to the public and not - in order to address all those things, we may have to re-open a public hearing. We're going to have the issues here of Council members going off who heard that, and that could be a problem here as to whether or not the Council would consider appointing them a special hearing officers to continue to make that decision or whether or not new Council members would have to familiarize themselves with the entire record on this in order to do that - does pose a problem. I have the letter in front of you that will point out exactly what those issues are, and you can look at that to see how you feel about that. I just point that out, and I would have gotten the letter to you sooner, but by the time I was able to read through that, what he had submitted, and go back through what had been submitted and try not to get something where you have to look through three or four different documents to figure out where the differences are, that's why this is coming to you at the time that it has. I believe that could affect Item No. 2 as well since that's that same project. Corrie: So your recommendation is to table these again and re-open them on a public hearing, then? Both of them? Gigray: Yeah, although, I think we may want to discuss how that's going to be done because we have two Council members that heard and were a part of all of ( Meridian City Pre-Council Meeting January 4, 2000 Page 4 this, part of the decision making. Without some kind of insurrection or going to go off tonight. I do think that the Council could appoint them as special hearing officers in order because they have heard this too, with the consent of everybody, so that they could be a part of that final decision. That - I'd have to retrofit the final Findings to show that; otherwise, the new Council members are going to have to - and they can read the transcript of the minutes and the hearings for this particular matter. I think that gets awkward because you get two people that haven't been involved in the process before, but that'll be something for your deliberation, or you can decide that you're going to go on the record that's there at this point in time and leave it alone. Corrie: So they would be hearing officers as well as the Council (inaudible) Gigray: Well, it's so you keep the same decision makers. Corrie: Mr. Rountree, what do you think about that? Rountree: I'd be. willing to do (inaudible) I'll affix a satisfactory fee (inaudible) Bird: You want a consulting fee. Corrie: You want that fee to - Rountree: Reflect mileage - Corrie: -- reflect mileage and time. Gigray: I think procedure, we can ask procedural questions. Yeah. Bird: Mr. Mayor, I believe the representative of the owner is here. Could we - don't want to ask any questions that's not procedural or - is that the way they would - would that be satisfactory with them? Let's put it that way. Knopp: I have a signed Development Agreement here (inaudible - not speaking in a microphone) That's the only issue (inaudible) if we have to (inaudible) public hearing again (inaudible) don't think (inaudible) tax records here from the Leavells on that piece of property (inaudible) Bird: Do you want to look at this letter that we received? Knopp: Yeah. I think that's the one that - Bird: Have you had privilege to it? Knopp: I got it - Mr. Shoemaker (inaudible) his office (inaudible) ( Meridian City Pre-Council Meeting January 4, 2000 Page 5 Gigray: yeah. This is my letter to the Council just trying to contrast the proposed order and decision. That's what these numbers are here and then what I've got here is the Order and Decision would provide this - and then as you'll see in italics, the developer proposes to eliminate that. That way you can track it all the way so you'll know what those issues are. Knopp: Like I said, I was - I thought we had everything - everything was (inaudible) in agreement except for that one little triangle piece that (inaudible) Bird: That comes off of Fairview down there? Knopp: Yeah, that comes off of Fairview (inaudible) all along, Leavells will (inaudible) We want to annex (inaudible) Leavells just don't want to go through the expense (inaudible) to do that. Just (inaudible) because, see, they've only got part of it - only part of it is theirs. The other portion of this little triangle is in the property to the west (inaudible) Bird: (inaudible) right-of-way? Some of it's right-of-way, isn't it? Knopp: We're just asking, and we've asked this all along (inaudible) City to take it in and do whatever they have to to get it taken care of (inaudible) down the road (inaudible). Bird : (inaudible) Gigray: Shari, have you got this? Corrie: Shari Stiles. Stiles: Was there a question? Bird: Yes, Shari. I'd like to know what you think - is there any problem annexing that little property there that you can see? Stiles: Well, the applicant has stated they don't want to annex it because of the cost and the time to do that. If they don't do it, then our staff has to try to find time, and I don't see that happening in the near future. Mr. Mayor. Corrie: Shari. Stiles: We had asked Mr. Gigray if it could be considered as an error because it appears to us it's an obvious error in the previous ordinances that have been passed, and thought that we could merely amend those ordinances to correct them and to include that area, but apparently, we've got some legal requirements that preclude that from happening. So if that can't happen, then we would actually have to prepare an application, we'd have to have public hearings, and ( Meridian City Pre-Council Meeting January 4, 2000 Page 6 the staff, we're not prepared to do that soon with the workload that we have right now. Gigray: Mr. Mayor, members ot the Council, I was asked to look at that, and because this is more than just the tact that it was a typo where it was 100 rather than 200 feet or whatever, I felt that the safest play would be rather than amend the existing annexation ordinance, just leave it alone and just annex this piece and bring it in and zone it and leave it alone. Because it's in right-af-way of ACHD and because it's less than five acres, it seems to me the City would have authority to do it. Whether or not the City wants to do this on its own, I think, comes under the administration of the Planning and Zoning Director and their staff because they would be the ones that would have to get it going. We'll certainly prepare the necessary paperwork that is associated with Council action or P & Z action, but, of course, they have to staff it to get it going. I don't see a problem with the City doing it on its own. I don't know. Maybe at some point we could have enclave days where you could just do a bunch of them around. Let it sit for awhile and then deal with it. Just don't write any citations on that part. Stiles: The biggest problem that we had was that the access into the property would be in the county. It - the frontage of that property is in the county. Bird: It doesn't go all the way to Fairview? That little piece doesn't go all the way to Fairview? Stiles: It does. It includes the right-at-way and goes to the frontage of the property. Bird: What's in the county, then? Stiles: The little triangular - Bird: The little triangle, okay. Knopp: I don't know it Council's seen this. This is the tax parcel that we got from the assessor's office, and that's what we're talking about is this little triangle piece right up here. One ot our entrances to the project (inaudible) Phase I of the project. As you can see, part of it's on (inaudible) 1,000 square feet (inaudible) is to the neighbor to the west and out into the right-of-way, and this is the tax copy of the tax property tax deals that list this one lists the breakdown and gives the number related back to that parcel. In here, in '93 and in '94, they combined - In '94 the property bill combined all of these properties. If you'll read the legal and the description it's giving here on the parcel number. In '93, there were - three separate parcels, and they were all, I assume, City. They combined them in '94 (inaudible) Leavells have been paying taxes on them. As you can see, it's 1,000 square feet- l' Meridian City Pre-Council Meeting January 4, 2000 Page 7 ( Bird: Beg pardon? Rountree: To the City as well? Bird: Have they been paying city taxes on them? Knopp: That's what they. claim. Bird: Have they got a tax notice? Their tax - tell real fast. Gigray: If that's being taxed for the City, then they - the State Tax Commission would have had to received an ordinance that would have included the area, and they would have mapped it. Bird : (inaudible) Gigray: I can't imagine that it happened. If it is, then it's already been done, no problem. Bird: No. They're not paying City. They're paying Ada County, emergency, they're paying the school district; they're paying all the Meridian City - they are too. They are - 2868, yeah. Rountree: Another case for the log books. Bird: Well that kind of sheds light on it, don't it? Give it to Clerk. Okay. What do we do now? They- (inaudible discussion amongst Council members) Corrie: Should we go ahead and make sure we do the Findings of Facts? Bird: Are you sure we haven't got it somewhere? (inaudible) We've got it on the City tax rolls (inaudible) It couldn't be lost in some other ordinance or something, could it, Shari? Stiles: It could be an error on the part of the county when they put in the original ordinance. Corrie: It's an error in our favor. Stiles: I would still like to go with amending the original ordinances. Bird: Okay. (inaudible) ( Meridian City Pre-Council Meeting January 4, 2000 Page 8 ( Gigray: If it clearly is a separate piece at this point because it isn't being annexed or whatever, I'm just thinking since we don't - if we can identify clearly that there is an error, excuse me, Mr. Mayor, members of the Council, if we can identify a clear error and a description that was properly advertised and annexed at the time that it was done so that we can testify short stepping the notice and hearing requirements so that the record is very clear that this is a technical error change, and it isn't the case where a property parcel has been omitted and never included in any advertising or hearing, then possibly we could go that route barring a scorched earth search of all of that, I was thinking it might be just easier, and then we know we're clean and everything's above board and proper, and you can identify when that parcel was identified as not being in the City by staff, this is how it was corrected, here was the action, and here's the ordinance of annexation and the zoning and so on and so forth. That's my feel. If we've got clear evidence of an error, we can take a staff report of the error and prepare the ordinance at the direction of Mayor and Council and proper zoning and do it on the basis that it was an error, and we need to identify what ordinance it was that was the error. I guess that would be the one we'd be amending. So, I mean, there's going to be a certain amount of staff work involved just to do that, or we could ignore it. Corrie: The way I look at it, we've got three choices. Bird: You should have gotten away from the mike. Gigray: I mean, legally, you could. Bird: Legally, evidently, according to the assessor, it is our property. Gigray: Well, we're not arguing over that. Rountree: If we took action otherwise, I'm assuming we'd have to pay them back, the taxes we collected. Gigray: Mr. Mayor, members of the Council, there is a statutory time within which, actually, if they were going to try to get taxes that were not properly - there's a decision I know in the 4th District that puts that right close to a tort claim for alleged error on the part, and once - that starts to run, at least that's the way Judge Smith, in a case that I tried, that's what he ended up ruling that they were on notice the minute they got that tax notice, and if they didn't pick up on it within 180 days, they were done. So you're in pretty good shape there. Bird: Should we go ahead and pass these, then? Corrie: The recommendation is to - ( Meridian City Pre-Council Meeting January 4, 2000 Page 9 Gigray: Well, I mean - I think we're going to have to look at the conditions when you get to them, and I don't know where Mr. Knopp is in relationship to these things that Fred Shoemaker submitted because I think it poses some issues over pathways and some other things that I don't think were part of the record. Corrie: Come up here and at least get what's going on on the record. Knopp: As I indicated earlier, the pedestrian pathway was addressed in the Planning and Zoning Council. They approved in the minutes, and we went over the minutes at the meeting that allowed and they agreed to provide a path through Phase I. Shari Stiles requested that we delineate that, and I have done that and submitted that to them so we know exactly where that pathway is. I just wanted that done so that it still wasn't up in the open, and you've got a copy of that, don't you, Shari? Yeah. I gave you a copy of it. I went through and I verified Phase I and where it was at and marked it. I've got a copy of it in here, so you know, the pedestrian pathway and nothing else is an issue. We thought we had an issue with the entrance on Fairview Avenue. What we were trying to do - the issue that we had was that ACHD wanted to make that a public road. Down three or four hundred feet to access the property that was to the west of the Leavells who have put an option on that ground right now and want to buy that and do a Phase III into that. But what I was trying to do was get an agreement with ACHD where if we could combine the entrances on this development and the development to the west that is existing, that shopping center or little shopping commercial area there, that ACHD would drop their requirement for the public street and that section would go back to being private because the Leavells are really, for some reason, in their mind, they don't want the terminology "public street" on that road coming down off of Fairview. I could not come to an agreement with the property owners next door. They wanted us to foot the bill on all the expenses plus to tear out and rebuild on their property. My client was not willing to foot the bill for everything and put the entrance on the drive and go through that, so the negotiations fell through, so we're back to square one. We're going with ACHD's and the public road and the access. We haven't changed it. So there is no - nothing there to - we're just leaving it the same. All the conditions of ACHD is appropriate for this. Corrie: You haven't changed anything - Counselor, with reference to either one of these items (inaudible) said, then? Gigray: Mr. Mayor, members of the Council, when you take action at a meeting based on the record and then direct that I prepare Findings and the reference to those Findings including recommendations of staff or Planning and Zoning Commission recommendations, I have some very. specific language that's associated with either staff reports or Planning and Zoning recommendations, and so I prepare those with that language in them. If I change that language, I usually try to send a routing slip to you explaining what's been changed and why. You know, if there were inconsistencies in those staff reports to the overall action ( Meridian City Pre-Council Meeting January 4, 2000 Page 1 0 the Council took, and that's what I did in that situation, and so if you want to change the Findings until you adopt them, you can do so, and you can do that based upon the record that has been presented and the hearing. So I'm going to leave that to your judgment given the information that you have before you as to what you want to do. I've prepared some - if you want them changed, and you decide you want to adopt them tonight, and you're going to make any changes, you'll need to reference what changes you're going to make and which ones so we can prepare the final set so it matches your decision. What this letter is telling you is how it reads now versus the italicized items or what the developer has proposed. Knopp: What I'd like to see if this is at all possible, and I think it would - I think it would benefit everybody and clarify everything is that we have addressed the items that were in question. We did address phasing so that the Leavells could go ahead and occupy the units as they were built, but would have to put a bond or a letter of credit or something on any unfinished portion of it. So the items we initially had problems with the Development Agreement that was put together by Mr. Gigray initially, I think we have sat down and talked it out and discussed it. I don't think there is anything left, but what I would like to see, maybe, is to table it until the next hearing to get together with Mr. Gigray and whoever we have to get together with to finalize and get the terminology down correctly because, you know, as far as the Facts and Findings, and the most critical thing is to get this piece, triangle piece, that's supposedly in question, to have that disappear. To get it - make sure it's in the City and let us get this Development Agreement signed and so that everybody can get on down the road with this. I know my client is very anxious to go ahead and get going with this project. So, you know, that's their biggest concern is right now is that little triangle piece, and to get that ironed out and maybe some of the documents as far as the property bills and those items that I gave you tonight will get a clarification on that so we can say, yeah, let's move ahead; it's in the City or the City will take care of it. I guess I was under the impression, initially, when it came out of Planning and Zoning Commission that they were - had directed us to come up with a new legal or exclude that portion of the property to move the process along, and I was under the assumption that we were just excluding it. We would rewrite a legal, my client went through that expense, it cost him about $1 ,000 to get that little piece excluded from the legal so that it went through the process correctly, and nobody understood the - Civil Engineer that we had work on it and the assessor's office when we were trying to dig up the information on it to come up with this legal, nobody understood, neither one of those entities understood why we were going through this process. They couldn't understand why we were directed to go this route. Anyway, we've tried to meet all the different aspects of it, and we would like it to go into the City if it isn't into the City or if it is in the City already, just prove it and let's go on down the road, whatever it takes. Anyway, that's what I would like to do is to table it to the next meeting, set up a meeting with Mr. Gigray and whoever we have to set it up with to finalize this so that it doesn't keep dragging on and get the terminology and everything because the only thing at ( Meridian City Pre-Council Meeting January 4, 2000 Page 11 this point in time is that triangle piece of property that's in question. Everything else has been agreed to and resolved and ACHD - we're going with all of their recommendations; we couldn't work - it'll be a public road for three or four hundred feet down off of Fairview and all their conditions (inaudible). Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I appreciate Mr. Knopp's comments, but I would recommend the Council not consider a follow-up meeting with the developer, not that we wouldn't want to meet with the developer, but I think the point of this at - is that you have directed Findings be prepared, the record's closed at this point, and I've prepared those Findings based on how I understood your motion, and I am limited on what I can do based on what Council action has been done. We don't have, I think, the liberty at this point to get into meetings with developers about appropriate language in Orders that is not a part of the direction that we have from the Council. If we were going to do that, then I think the proper way to go about this would be then to reset this for a public hearing and re-open this back up since you haven't adopted the Findings so that additional information could be received by the Council and that could be in light of the meeting with the developer so that record is made before you and then you could make your decision based on that additional information. If you do that, we run into this issue about who's going to decide it because of the change in the Council, so you've got to think about that. On the other hand, I think you could, based on the record that's been presented before you, and I would treat my letter as informational and a matter for only presented issues anymore than issues would be presented in an argument with regards to what the Findings should be, and you could decide, if you want to, based on the evidence in the record already presented that you want to make the decision and enter the order and you could decide whether or not you want to change some of these provisions bec~use you reserve that right always until you make that decision. I would just ask if you were going to change any of these provisions that I'd know what ones are being changed and in what manner so we can prepare the final document. That's the way I see it. I think either you continue it for public hearing, we can have the meeting with the developers, come back and present additional evidence on these issues and then you can close the hearing and make a decision, or you just decide it on what you've got. Corrie: Mr. Clerk, to re-open the public hearing, do we have to (inaudible) Berg: Mr. Mayor, yes, we do. It's not really re-opening the public hearing; it's just creating a new public hearing and opening that. We've closed the public hearing. Corrie: Okay. Council know what they want to do now? Rountree: (inaudible) ( Meridian City Pre-Council Meeting January 4, 2000 Page 12 ( Bird: With this letter, Charlie, there's still quite a - I mean, what they don't agree to, changes of wording a lot on some of these items. Has Shari looked this over? Rountree: (inaudible) Bird: They agreed to everything but these in this letter, as I understand it~ Lynn? Am I wrong? Rountree: I heard him say they agree to everything, but the situation with (inaudible). Bird: Is that right? Knopp: We agreed to everything except the annexation (inaudible) Gigray: All right, then, that's the last item. If that's. the case, it's the last item - the elimination of 2.13; that's the one that talks about the annexation. Bird: Okay. I agree with you, Charlie, then. Corrie: Okay. Anything else on the agenda that you want to discuss with any staff member? Mr. Rountree? Rountree: Just does staff has any comments on any of the Findings? Stiles: I don't have any - I've looked at them so many times that I'm sick of looking at them. Rountree: Do you know them by heart? Stiles: Pretty close. Corrie: Okay? ITEM E. Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: Gigray: I just note, and Shari brought this to my attention, her review - the Order of Decision, Item E, there will be a correction: Meridian Library District doesn't appear in the Order and Decision. It references Idaho Independent Bank which is an error, and that will be changed and submitted. The reason that happened is - I would tell you that I prepared that order to assure that there was consistency in your action in those two matters because the factual basis in both of them was identical. Your action was the same. Meridian City Pre-Council Meeting January 4, 2000 Page 13 ITEM 14. DEPARTMENT REPORTS: A. City Attorney - Bill Gigray 1. Request by Seven Gates: Corrie: Okay. Any other items to bring up? I've got one. Bill, what is the request by Seven Gates? Gigray: This request - the owner of that particular - the applicant met with me in my office and indicated as the letter which has been submitted represents that the wrong plan had been submitted as part of the record, and, of course, that plan is referred to in the Findings, and that they - he said that was clearly an error on their part, and I don't see how you can address this issue other than to leave the action that you've taken to stand because you've taken final action or it'd take a motion, and I think a motion to re-open the hearing and also a motion to waive the rules with regard to the time period in which you can reconsider a final action, and then that motion should include to re-open the public hearing to receive the additional information based upon a mistake affect on the part of the applicant. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I believe that, and Shari can correct me if I'm wrong, but I believe that was over the landscaping, wasn't it, Shari? Stiles: Yes. Bird: And we've seen one, and it wasn't the right one, I guess. Stiles: It's what they submitted six days before the meeting, so - Bird: Yeah. I know. Gigray: Here again, we're going to have old Council, new Council issues. Corrie: Okay. Anything else? Okay. We'll have a motion to - I guess we need a motion to close the Pre-Council. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the Pre-Council and go into regular session at 7:30. All those in favor of the motion say aye. Meridian City Pre-Council Meeting January 4, 2000 Page 14 MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:30 P.M. ( (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ...... ..... - t ( MERIDIAN CITY COUNCIL AGENDA JANUARY 4, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROBERT CORRIE Consent Aaenda A. Approve minutes of November 3, 1999, Special Pre-Council Meeting: B. Approve minutes of December 7, 1999, City Council Meeting: C. Approve minutes of December 21, 1999, Special Pre-Council Meeting: D. Approve minutes of December 21, 1999 City Council Meeting: E. Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: F. New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: G. Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC - east of Stoddard Road & south of Overland: H. Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single-family dwelling lots by Bear Creek, LLC - east of Stoddard Road & south of Overland: Reaular Aaenda OLD BUSINESS: 1. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William & Lucile Leavell - end of 5th, north of Creekside Arbour Phase and south of Fairview: ( ( ( 2. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for conditional use permit to construct 16 four-plexes with pool and clubhouse for use by Phase I & II (proposed Creekside Arbour Phase II) by William & Lucile Leavell: 3. Tabled 12/07/99: Findings of Fact and Conclusions of Law: Request for conditional use permit commercial subdivision mini-storage on Lot 2 of proposed Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC - 1230 East Overland Road: 4. Development Agreement for rezone of .6 acre from R-8 to L-Q by Mike Gamblin located at Cherry Lane and Leisure Lane Resolution # 5. Ordinance No. Rezone of .6 acre by Mike Gamblin: 6. Appeal and reconsideration of Change Order No. 1 by Beniton Construction for $613.00 for supervision, overhead, profit and bond of Idaho Power equipment: 7. Appeal and reconsideration of change order by Beniton Construction for $2,805.00 for splicing the fire station bay beams: NEW BUSINESS: 8. Swear in new Council Member Seat No.1 - Tammy deWeerd: 9. Swear in new Council Member Seat No_ 3 - Cherie McCandless: 10. Swear in Mayor - Robert Corrie: Presentation to previous Council members 11. Request for extension of 1/14/99 approval of preliminary and final plat for Tumberry Subdivision No.2 by Benchmark Land Company (Briggs Engineering): 12. Presentation by Erv Glen -with COMPASS and Pat Nelson with ACHD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital: 13. Water, Sewer and Trash Delinquencies: , - ( ( 14. DEPARTMENT REPORTS: A. City Attorney - Bill Gigray 1 _ Request by Seven Gates: ( MERIDIAN CITY COUNCIL AGENDA JANUARY 4, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: _ X RON ANDERSON ~. . CHARLIE ROUNTREE ~.::Z=Gi~K BENTLEY KEITH BIRD f MAYOR ROBERT ORRIE Consent Aaenda A. Approve minutes of November 3, 1999, Special Pre-Council Meeting: t:if1Yl:Jt/~ B. Approve minutes of December 7, 1999, City Council Meeting: af~ v.e,- C. Approve minutes of December 21, 1999, Special Pre-Council Meeting: tZffr<7;r~ D. Approve minutes of December 21, 1999 City Council Meeting: tifl'rPfI-<"- E. Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: evtpYo v~ F. New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: ~jJrvL H. Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC - east of Stoddard Road & south of Overland: -hv~ tvJ..;b) .TtM-.It}~ 2dOO #t~ Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single-family dwelling lots by Bear Creek, LLC - east of Stoddard Road & south of Overland: (zvUe. ~ 1 :T ~ .1 ~ 12-; 2-a90 ftvIJ-.. G. Reaular Aaenda OLD BUSINESS: 1. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William & Lucile Leavell - end of 5th, north of Creekside Arbour Phase and south of Fairview: t(,/lPh?II-e ~11~t'7W~S /1-~ 2.13 fJ7 20- ( 2. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for conditional use permit to construct 16 four-plexes with pool and clubhouse for use by Phase I & II (proposed Creekside Arbour Phase II) by William & Lucile Leavell: ~v..e- Tabled 12/07/99: Findings of Fact and Conclusions of Law: Request for conditional use permit commercial subdivision mini-storage on Lot 2 of proposed Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC - 1230 East Overland Road: ~Ue U/Yr;f} I Ttvvz.. / B C!:-I 2oc?o 3. 4. Development Agreement for rezone of .6 acre from R-8 to L-O by Mike Gamblin located at Cherry Lane and Leisure Lane Resolution # 2-f:;4: ~fln> v~ Ordinance No. g 51- Rezone of .6 acre by Mike Gamblin: tJ.-.PfJrD VV 5. 6. Appeal and reconsideration of Change Order No. 1 by Beniton Construction for $613.00 for supervision, overhead, profit and bond of Idaho Power equipment: IZ-jljll7lv.e... Appeal and reconsideration of change order by Beniton Con~truction for $2,805.00 for splicing the fire station bay beams: ajPprov.L 112,4'35:02- 7. NEW BUSINESS: 8. Swear in new Council Member Seat No. 1 - Tammy deWeerd: -- eIt- 9. Swear in new Council Member Seat No. 3 - Cherie McCandless: _ a~ 10. Swear in Mayor - Robert Corrie: - BL Presentation to previous Council members - B1v 11. Request for extension of 1/14/99 approval of preliminary and final plat for Tumberry Subdivision No.2 by Benchmark Land Company (Briggs Engineering): ~V.L/ 12. Presentation by Erv Glen with COMPASS and Pat Nelson with ACHD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital: re v/etJ ./Le r.~tf 13. Water, Sewer and Trash Delinquencies: tirfr-ov~ ( 14. DEPARTMENT REPORTS: A. City Attorney - Bill Gigray 1. Request by Seven Gates: /l...ejJt!J7..;f , It;;. /fppfrvL- ~ - 4.-f1JY?J v~ ( MERIDIAN CITY COUNCIL AGENDA JANUARY 4, 2000 @ 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 Aaenda A. Approve minutes of November 3, 1999, Special Pre-Council Meeting: APPROVE B. Approve minutes of December 7, 1999, City Council Meeting: APPROVE c. Approve minutes of December 21, 1999, Special Pre-Council Meeting: APPROVE D. Approve minutes of December 21, 1999 City Council Meeting: APPROVE E. Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: APPROVE F. New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: APPROVE G. Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC - east of Stoddard Road & south of Overland: TABLED UNTIL 1/18/2000 MEETING H. Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single-family dwelling lots by Bear Creek, LLC - east of Stoddard Road & south of Overland: TABLED UNTIL 1/18/2000 MEETING Reaular Aaenda OLD BUSINESS: 1. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 ( by William & Lucile Leavell - end of 5th, north of Creekside Arbour Phase and south of Fairview: APPROVE ELIMINATING ITEM 2.13 OF PAGE 20 2. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for conditional use permit to construct 16 four-plexes with pool and clubhouse for use by Phase I & II (proposed Creekside Arbour Phase II) by William & Lucile leavell: APPROVE 3. Tabled 12/07/99: Findings of Fact and Conclusions of Law: Request for conditional use permit commercial subdivision mini-storage on Lot 2 of proposed Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC -1230 East Overland Road: TABLED UNTIL 1/18/2000 MEETING 4. Development Agreement for rezone of ~6 acre from R-8 to L-Q by Mike Gamblin located at Cherry Lane and leisure Lane Resolution # 284 : APPROVE 5. Ordinance No. APPROVE 854 Rezone of .6 acre by Mike Gamblin: 6. Appeal and reconsideration of Change Order No. 1 by Beniton Construction for $613~OO for supervision, overhead, profit and bond of Idaho Power equipment: APPROVE 7. Appeal and reconsideration of change order by Beniton Construction for $2,805.00 for splicing the fire station bay beams: APPROVE$2,455.00 NEW BUSINESS: 8. Swear in new Council Member Seat No~ 1 - Tammy deWeerd: OKAY 9. Swear in new Council Member Seat No~ 3 - Cherie McCandless: OKAY 10. Swear in Mayor - Robert Corrie: OKAY Presentation to previous Council members - OKAY 11. Request for extension of 1/14/99 approval of preliminary and final plat for Tumberry Subdivision No. 2 by Benchmark Land Company (Briggs Engineering): APPROVE 12. Presentation by Erv Olen with COMPASS and Pat Nelson with ACHD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital: REVIEW REQUEST ( 13. Water, Sewer and Trash Delinquencies: APPROVE 14. DEPARTMENT REPORTS: A~ City Attorney - Bill Gigray 1 a Request by Seven Gates: REPORT 15. APPROVE BILLS: APPROVE (~- MERIDIAN CITY COUNCIL MEETING JANUARY 4. 2000 The regular meeting of the Meridian City Council was called to order at 7:35 p.m. on January 4, 2000, by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, RON ANDERSON, CHARLIE ROUNTREE, GLENN BENTLEY, KEITH BIRD OTHERS PRESENT: BILL GIGRA Y, WILL BERG, SHARI STILES, GARY SMITH, BILL GORDON, KENNY BOWERS Corrie: I'll open the Meridian City Council meeting January 4, 2000, 7:35 p.m. First we'll have roll-call. Okay. Thank you. I want to welcome everybody here tonight. It's nice to have you here. I wish it were full like this every meeting we have. When we have a real controversy, we always have a full one and then others we don't. Thank you for being here this evening. Council, we have the Consent Agenda A through H. What is the pleasure of Council on the Consent Agenda? ITEM A. ITEM B. ITEM C. ITEM D. ITEM E. ITEM F. ITEM G. ITEM H. Approve minutes of November 3, 1999, Special Pre-Council Meeting: Approve minutes of December 7, 1999, City Council Meeting: Approve minutes of December 21, 1999, Special Pre-Council Meeting: Approve minutes of December 21, 1999 City Council Meeting: Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC - east of Stoddard Road & south of Overland: Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single- family dwelling lots by Bear Creek, LLC - east of Stoddard Road & south of Overland: Bird: Mr. Mayor. ( Meridian City Council Meeting January 4, 2000 Page 2 Corrie: Mr. Bird. Bird: I believe we need to pull Items G and H and extend them to 1/18/2000, then I would move we approve Items A, B, C, D, E and F on our Consent Agenda. Rountree: Second. Corrie: Okay. Motion's made and seconded that we pull Items G and Hand place them on the 1/18/2000 meeting and approve A, B, C, 0, E and F. Any further discussion? Okay. Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 1. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William & Lucile Leavell - end of 5th, north of Creekside Arbour Phase and south of Fairview: Corrie: I'll open the Regular Agenda for old business. Item 1 is tabled from 11/16/99, Findings of Facts and Conclusions of Law, request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell, end of 5th, north of Creekside Arbour Phase and south of Fairview. Discussion from Council? Rountree: I have none. Bird: I have none. Corrie: Okay. Then I'll entertain a motion on Item 1, Findings of Facts and Conclusions of Law. ( Meridian City Council Meeting January 4, 2000 Page 3 ( Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we pass the Findings of Facts and Conclusions of Law and Decision of Order for rezoning of 7.265 acres of the Creekside Arbour Phase II with the elimination of Item 2.13 on Page 20 of the Decision of Order. Bird: Second. Corrie: Okay. Motion's been made by Mr. Rountree, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on the rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 with the elimination of Item 2.13 on Page 20. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Rountree: Roll-call. Corrie: You want to have a roll-call? All right. Let's go back and have a roll-call then. Roll-call vote on Item 1, back to that one; Mr. Anderson. Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 2. Tabled 11/16/99: Findings of Fact and Conclusions of Law: Request for conditional use permit to construct 16 four-plaxes with pool and clubhouse for use by Phase I & II (proposed Creekside Arbour Phase II) by William & Lucile leavell: Corrie: Item 2 is tabled from 11/16/99 is the Findings of Facts and Conclusions 1 Meridian City Council Meeting January 4, 2000 Page 4 ( of Law. This is a request for conditional use permit to construct 16 four-plexes with pool and clubhouse by use of Phase I and II, proposed Creekside Arbour Phase II. Any discussion on Item 2, Findings of Facts? Bird: I have none. Rountree: None. Corrie: Hearing none, I'll entertain a motion on Item 2 for the Findings of Facts and Conclusions of Law. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law for conditional use permit for 16 four-plexes and a pool by William Leavell. Bird: Second. Corrie: Motion made by Mr. Bentley, seconded by Mr. Bird to approve Item No. 2, the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 3. Tabled 12/07/99: Findings of Fact and Conclusions of Law: Request for conditional use permit commercial subdivision mini- storage on Lot 2 of proposed Overland Mini-Storage Subdivision by Overland Mini-Storage, LLC - 1230 East Overland Road: ( Meridian City Council Meeting January 4, 2000 Page 5 (' Corrie: Item No.3 was tabled from 12/07/99. This is the Findings of Facts and' Conclusions of Law, request for conditional use permit commercial subdivision mini-storage on Lot 2 of proposed Overland Mini-Storage subdivision by Overland Mini-Storage, LLC, 1230 East Overland Road. Any discussion on the Findings of Facts on Item No.3? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on Item No.3. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: It's my understanding we have not received a signed Development Agreement so we probably ought to table this item. Or have we seen something from the developer? Berg: No. Corrie: All right. I believe Mr. Bird tabled that one the last meeting; is that correct? Bird: Do you want me to do that again? Mr. Mayor. Corrie: Yeah. It was for that reason too. Rountree: (inaudible) the last time. Corrie: Mr. Bird. Bird: I move we table the Findings of Facts and Conclusions of Law regarding the Overland Mini-Storage from lack of Development Agreement's signature and table it until 1/18/00. Rountree: Second. Corrie: Okay. Motion's made by Mr. Bird and seconded by Mr. Rountree to table Item No. 3 until the meeting of 1/18 of 2000. Any further discussion? Hearing none, all those in favor - take a roll-call vote on that one as well; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. /'.. I Meridian City Council Meeting January 4, 2000 Page 6 ( Corrie: Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 4. Development Agreement for rezone of .6 acre from R-8 to L-Q by Mike Gamblin located at Cherry Lane and Leisure Lane Resolution #284: Corrie: Item No. 4 is a Development Agreement for rezone of .6 acres from R-8 to L-O by Mike Gamblin located at Cherry Lane and Leisure Lane under a Resolution. Mr. Berg, we have that Development Agreement signed; is that correct? Berg: Mr. Mayor, yes, we do. Corrie: That'd be Resolution No. what? Berg: 284. Corrie: Okay. With that done, I'll entertain a motion for Resolution No. 284. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I make a motion that we approve Resolution No. 284, Development Agreement for rezone of .6 acres from R-8 to L-O by Mike Gamblin. Bird: Second. Corrie: Okay. Motion's made by Mr. Anderson, seconded by Mr. Bird to approve the Resolution No. 284 for Development Agreement that's been signed. Any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bird. Bird: Aye. I i Meridian City Council Meeting January 4, 2000 Page 7 f ( Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 5. Ordinance No. 854 Rezone of .6 acre by Mike Gamblin: Corrie: Item No. 5 is an Ordinance for rezone of .6 acres by Mike Gamblin. What Ordinance will that be, Mr. Clerk? Berg: Mr. Mayor, No. 854. Corrie: Okay. If the City Clerk would read Ordinance No. 854 by title only, please. Berg: Thank you, Mr. Mayor. Ordinance No. 854: An Ordinance finding that the owner of certain real property has made a written request for rezone of the zoning classification for the real property that lies within the boundaries of the City of Meridian from R-8, medium density residential zoning district to L-O, limited office district as defined under 11-2-4088 S 7 of the Municipal Code of the City of Meridian, Idaho, repealing all Ordinances, Resolutions, Orders or parts thereof in conflict herewith and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Thank you. Approve the reading of the Ordinance No. 854 by title only. Is there anyone in the audience who would like to have Ordinance No. 854 read in its entirety? Brings a big smile here. Thank you. Council, I'll entertain a motion on Ordinance No. 854. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Ordinance 854 with suspension of rule. Bentley: Second. Corrie: Motion made by Mr. Bird and seconded by Mr. Bentley to approve Ordinance No. 854 with the suspension of rules. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. [' ( ( Meridian City Council Meeting January 4, 2000 Page 8 Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 6. Appeal and reconsideration of Change Order No. 1 by Beniton Construction for $613.00 for supervision, overhead, profit and bond of Idaho Power equipment: ITEM 7. Appeal and reconsideration of change order by Beniton Construction for $2,805.00 for splicing the fire station bay beams: Corrie: Item No. 6 is appeal and reconsideration of Change Order No. 1 by Beniton Construction for $613.00 for supervision, overhead, profit and bond of Idaho Power equipment. At this time, do we want - Kenny, are you going to - Thank you. Bowers: (inaudible). Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: Could we - let's include Item 7 if it's okay with the rest of the Council and get both of them taken care of at the same time. Corrie: Any objection of Council? . Rountree: That's fine with me. Corrie: Okay. Take them both, Kenny, six and seven. Bowers: Six and seven. Okay. Mayor Corrie and City Council members, I just want to bring you up to date on this. The first meeting in December, I had ( Meridian City Council Meeting January 4, 2000 Page 9 ( brought a couple bills to you from Beniton Construction on our new fire station. Number 1, the first bill was omitted from Change Order No.1. If you remember, that was the big change order that we did with the big Idaho Power transformer and everything. At that time, Beniton Construction had left out their supervision and the two percent bond which come up to $613.00 at that time. Also, the second Change Order would have been the cost of the beam in the new fire station and the fire station bays. This was omitted from the first bid. What they did, they had to weld the beams together to get them here because they are so wide that the cost was $2,805 extra. You guys turned the bills down at that time, wanted to talk to Beniton, have them bring paperwork to show you guys what the cost of the materials were and stuff. Matt is here tonight to answer any questions, anymore questions that you have and to tell their side of what happened. So if you guys want to, we can turn it over to Matt. Anderson: I have one question. Corrie: Mr. Anderson. Anderson: In our strategic planning meeting, we had discussed lowering the amount from $2805 by the supervision fee and the mark-up. Has that been discussed anymore? Bowers: Councilman Anderson, Mayor Corrie, City Council, no. I have not been in contact with Matt or Joe on that at this time. Matt was going to try to get some paperwork together, and I'm not sure if he was able to do that or not from the company. Bird: We got it. Corrie: Matt. Newton: My name's Matt Newton. I'm the President of Beniton Construction Company. Mr. Mayor and Councilmen, thank you very much for taking a few minutes to listen to me. Item No. 6 is -- $613.00 omission for supervision, overhead, profit and bond for Change Order No. 1 was - I put a little note together. We identified that prior to the Change Order coming out with the architect. It was a matter of convenience for them. They said that in lieu of re- doing our Change Order form prior to submitting it, it wouldn't be a problem to putting that on the next Change Order that came through. That's the only reason that's been omitted. That was omitted - we sent an original Change Order to architect (inaudible) further backup, we sent him further backup and that's when we made a mistake and didn't include it. We caught that mistake prior to the change coming to the City. As a result, we asked to change that and he said, no, let's just go (inaudible) next change. That's the reason that was omitted. That was a matter of convenience for the architect, actually. So I'd like to see that be included, please. As far as the splicing of the beam, I've included some ( Meridian City Council Meeting January 4, 2000 Page 10 (' additional costs we were able to get from our supplier, Outland Steel, the costs to splice the beam in lieu of ordering - well, they ordered - the shipping for the beam to (inaudible) bay, they only produce those materials in their cycle. When this project was bid, we had the long beams included, of course, but by the time the contracts were issued and everyone got everything underway, that particular item was no longer available until two months into the - two months later for delivery date. We identified that with the architect, and we then were told to go ahead and see if we could, if the engineering company, the structural engineers would approve splicing the beam so we could get it here in time to keep the project on schedule. What we assumed, and it's our responsibility, we assumed that would be a cost that would be covered. That's our mistake for not bringing that cost up earlier in the project. This project does not have liquidated damage or a penalty clause for late completion. Had we known that there would be an issue with this, we would have waited for the beam to be shipped when they had their standard rolling process which would have put the occupancy for the building instead of February into April, mid to late April. We took the City's best interest. That's the only reason for this. Because we didn't follow the right protocol, we're going to forego any supervision, overhead, profit and bond on this and just the straight cost of the supplier which is the $2,400. I'm asking for reconsideration of these two items. Any questions? Corrie: Any other questions? Bird: yeah. Corrie: Mr. Bird. Bird: The mark-up and the supervision I can understand, but I think the two percent bond they had to payout of their pocket, I wouldn't be for letting them have that $55. On that No.7, it'd be $2,455.00. Is that agreeable, Matt? Newton: That's more than fair. Sure. Bird: Okay. I have nothing else. Corrie: Anything further? ('II entertain a motion on Item No.6 and 7. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pay these change orders to Beniton Construction in the sum of $613.00 for Change Order No. 1 and I guess we'll call the next one Change Order No.2 for the sum of $2,455. Rountree: Second. ({ Meridian City Council Meeting January 4, 2000 Page 11 (. Corrie: Okay. Motion is made and seconded to approve the appeal of the Item No.1, pay the additional $613.00 and Item No. 2 pay the additional costs of $2,455. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: With that, we close the old business section and go into the new business. ITEM 8. Swear in new Council Member Seat No.1 - Tammy deWeerd: Corrie: Item No. 8 is swear in new Council member Seat No.1, Tammy deWeerd. City Clerk, Tammy deWeerd, if you'll come up, please. City Clerk, Will Berg, delivers oath of office of City Council to Tammy deWeerd. ITEM 9. Swear in new Council Member Seat No.3 - Cherie McCandless: Corrie: Okay. If Cherie McCandless would please come up, and we'll see if we can't make you a City Clerk, too. City Clerk, Will Berg, delivers oath of office of City Council to Cherie McCandless. ITEM 10. Swear in Mayor - Robert Corrie: City Clerk, Will Berg, delivers oath of office of Mayor to Robert Corrie. Presentation to previous Council member - Glenn Bentley: Corrie: Okay. I would like to have Glenn (inaudible) Thank you for everything you've done for the City Council, and I'd like to present you, Glenn Bentley, City Council, City of Meridian, presented in appreciation for your contribution and service to the City of Meridian as City Councilman from 1996 to 2000 and as Vice President from 1998 to 2000. The City of Meridian greatly appreciates your dedication and commitment to the citizens and the community. Thank you for your involvement in this community, January 4, 2000. Presentation to previous Council member - Charlie Rountree: Corrie: Every so often we get a real tension (inaudible) I call him Mr. Armstrong. He's pretty armstrong, all right. Charlie Rountree - Charlie, congratulations, and the City Council and the City of Meridian presented in appreciation for your contribution and service to the City of Meridian as a City Councilman from 1996 (v Meridian City Council Meeting January 4, 2000 Page 12 to 2000 and as President from 1998 to 2000. Your dedication and commitment to the citizens of Meridian, employees of the City really appreciate it and acknowledge it. Thank you for your integrity as a leader and a vital member of this community; January 4, 2000. Rountree: I'm not sure what I'm going to do on Tuesday nights. After 12 years in various capacities of City (inaudible). I really appreciate the opportunity to service Meridian through this rather dynamic change that's gone through in the last few years. (inaudible) never been able to do it without the staff (inaudible) few people, Planning and Zoning folks that I see, past and present out there, it's just been a tremendous, tremendous opportunity for me and a pleasure. Bentley: I'd like to thank everybody, too, for the support. Staff, of course, the people up front here that have helped me learn a lot about the City and the (inaudible). I'll be around doing different things. Charlie, I already know what I've got to do on Tuesday nights. I've got two fly rods to build and I've (inaudible) about five years of flies. Thank you all. We'll see you around. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like to thank the retiring Councilmen for the leadership and the help they've been to me, and I'm sure that Ron echoes the feelings, and we just want to say a big thank you for everything you guys have done for us. Anderson: I echo that. And I'll tell you more in private. deWeerd: Mr. Mayor. Corrie: I was trying to think - Mrs. deWeerd. deWeerd: Can you just call me Tammy? I love that name, Honey, but - I just wanted to thank both Glenn and Charlie. I've served with both of them in different capacities and have learned a lot. I'd like to think that Charlie is a big role model of mine. I've appreciated the time I've served with him. First and foremost, I'd like to thank my husband. Without his support, I couldn't do a lot of the things I do with the City. I appreciate that. I'd also like to recognize two other family members. My husband's brother and his wife are here from the Netherlands. They are leaving to go home tomorrow. I'd like to thank them for being here tonight. Also, all the rest of my friends, my son, Bart, all the rest of my friends that have supported me this last fall and for years before that. Thank you. (, Meridian City Council Meeting January 4, 2000 Page 13 ITEM 11. Request for extension of 1/14/99 approval of preliminary and final plat for Turnberry Subdivision No. 2 by Benchmark Land Company (Briggs Engineering): Corrie: Anyone else? Okay. Down to work, now. Okay. Item No. 11. This is request for extension of 1/14/99 approval of preliminary and final plat for Turnberry Subdivision No.2 by Benchmark Land Company, Briggs EngineeringA Staff, any comments, Gary, Shari, in reference to this extension? Shari: No, sir. Corrie: Okay. Council? Bird: Mr. Mayor. They are within their time limit, right? Corrie: Yes, they areA Bird: And they are just asking for another year's extension? Corrie: Right. They have - Bird: I have nothing, then. Corrie: Okay. Hearing none, I'll entertain a motion on the request for extension of Turnberry Subdivision No.2. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve your request for the extension of one year to Turnberry Subdivision No.2 by Benchmark Land Company, Briggs Engineering. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the request for extension of the Turnberry Subdivision No. 2 by Benchmark Land Company. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 12. Presentation by Erv Olen with COMPASS and Pat Nelson with ACHD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital: ( Meridian City Council Me'eting January 4, 2000 Page 14 ( Corrie: Item No. 12 is a presentation by Erv Olen with COMPASS and Pat Nelson with ACHD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital. Welcome aboard. Glen: Thank you, Mayor Corrie. My congratulations to the - all of you, really, and the new Council. Again, my name is Erv Glen with Community Planning Association of southwest Idaho. We're here tonight to talk about a project that was funded by the Idaho Transportation Department last year to help offset the impacts of the V-interchange construction. We described that as V-Mitigation effort. The intent of this effort was to encourage people to seek alternative modes of transportation, and I think we've realized a degree of success. One of the items on that program was to evaluate the feasibility of shuttle bus service within the corridor. Possibilities included looking at Nampa, Caldwell and Meridian shuttle bus service into either downtown Boise or some of the large employers like Micron. This effort has been sponsored by Ada County Highway District, and what I'd like to do now is introduce Pat Nelson with the Ada County Highway District ride-sharing office and let her give you a brief presentation and the status of that. We are here tonight to ask for your financial assistance in getting a shuttle bus service underway hopefully within a month or two. With that, I'd like to turn it over to Pat Nelson. Nelson: Thanks, sir. These are copies of the (inaudible) If I can get my trusty assistant to know how to operate the - As Erv mentioned, the project is called the V-Reconstruction Mitigation Project, and it's the express shuttle is what we've been talking about this evening. Just to give you a little bit of background on the project, the reasons we're doing this is to lessen the impact on the commuters that are traveling through the V-Reconstruction Project. We were very concerned about the effect of the traffic on the adjacent roadways. The project is a two-year project, and it's funded with STP or Surface Transportation Program funds from Idaho Transportation Department. There's no local match on it. It's all federal dollars, and the lead agency is the ACHD Commuter Ride Office. We do have quite a wide variety of agencies that are participating in this. The Ada County Highway District, Ada planning Association or COMPASS which is now their official name, Boise City, Boise Urban Stages, Idaho Transportation Department and Treasure Valley Transit are all equal partners in the program. We had several components to the project; one was to expand employer outreach to get the employers on board with any alternative transportation efforts that we might do and have them push this message to their employees and encourage them to get out of their cars. We had an advertising campaign to encourage the ride-sharing efforts. We have an alternative hotline or transportation hotline where people can call up and get all of the information on any kind of transportation that they would need in the valley. We started a new website called TeIlMeY.com. We also prepared a park-and-ride lot map and brochure to identify those locations that people could use to park their cars and take alternatives. The service expansion component included leasing additional park-and-rides where they were needed. Communication equipment for ( Meridian City Council Meeting January 4, 2000 Page 15 (h vanpools, buses. These are in the form of cell phones now that we've given to all of the alternative transportation vehicles. They get early warning of accidents by way of the traffic watch dispatch company. Then we also contracted new bus services for that corridor. Right now, we have 81 employers that are providing the Y Incentives, and those incentives include transy-checks (sic) which are $20- off coupons for each new rider's fare for a period of three months for each person. We have a guaranteed ride-home program that's a no-cost benefit to people that are either in carpools, vanpools, riding buses, walking or bicycling. If they get to work and they've taken one of these modes and have a child or themselves get sick during the day, they can call a taxi and we'll reimburse them for their cost. We have a parking-check program which gives a discount off of a parking spot in downtown Boise. This is not funded through the Y, but it's an incentive that adds to this package. Then, we also provide marketing materials to all of the employers to promote and service this. So far, we've gotten 148 people that are using the transy-checks that are brand new riders to anyone of the systems. The BUS in Boise picked up 63 riders. Commuter Ride vanpools got an additional 62 riders, and Commuters Bus which is a commuter bus from Caldwell and Nampa into downtown Boise has gotten an additional 23 riders out of the program. These are brand new riders that had not been riding in the last year. These are also monthly riders. This is kind of a breakdown to let you see what the numbers are. Our guaranteed ride home and the split that people are using carpools, biking, walking, that type of thing, the transy-checks, actually handed out 313 transy-checks. 36 percent of that going to bus riders, 20 to commuter bus and 44 percent to vanpooling. We've got 32 people that are registered applicants for parking check program. On the free stuff down at the bottom, the 113 on the website, we offer to send people free stuff, and it would be anything from a commuter stress card to a calendar to a sticky note, that kind of thing. It's kind of a fun-type program. We've got over 6,000 people to hit on our website. As part of that website, we actually put up a commuter poll, and what we ask people is where you live, we were trying to select people that were living in Caldwell, Nampa or Meridian. That's the best corridor that we thought we had for potential bus services. The destinations were downtown Boise, Boise State, Park Center and Micron Technology. Out of that website poll, 731 people responded to it. Two potential routes were the clear winne'rs, and they were both from Meridian. We had pick-up locations selected on the website poll. One was the park-and-ride area behind the bowling alley on Gem Street. The other area was St. Luke's Meridian site on Eagle Road. They have a 44-space park-and- ride that's online right now. Those were the two locations that were selected as a pick-up point. As I said before, downtown Boise and Micron Technology were both the selected destinations. They both showed equal opportunity for success. We contracted with a local transit expert, Kelly Ferless (sic) is the ex-operations manager for Boise Urban Stages. She now works for the City of Boise. We contracted with her to take a look at the raw data that we got out of the website poll and to analyze whether we had a good chance of success on either one of these runs. Both of them, she determined through her analysis, were very good routes to pursue. This actually is the written report that she provided to us which ( Meridian City Council Meeting January 41 2000 Page 16 ( shows the items and so forth. She did do an estimate of cost on what it would cost us for either one of these runs. Assuming that we have three bus routes or three bus runs, I should say, three in the morning, three in the afternoon, they would be spaced about a half an hour apart so that you could capture a 7:00 to 8:00 or possibly 6:30 to 8:00 time period. They would use the two locations rather than one express run. We would use both sites as pick-up locations to enhance the ability to pick up more riders. It would start at Gem Street, proceed down Franklin to St. Luke's and then onto the freeway from there. A dollar per one-way ride is the estimated cost of the service to the passenger. According to Kelly's analysis, it would cost about $100,000 to $125,000 to operate these three buses. Her first estimate did not figure in any deadhead time or minimum two- hour periods that drivers are normally paid for their services, so we had her go back and re-assess that, and that's where the $120,000 came from. What we're here tonight to talk to you about is to see if there is a chance that Meridian would like to help underwrite part of the cost of this. The V-Mitigation funds set aside $60,000 for two bus runs under this project. We now see that wasn't enough money for two runs, and we're willing to combine those two bus routes and put up the $60,000 that's in that project right now. We do have some savings that we've seen on a couple of the elements in the project and could see that we could go as high as $80,000. What we're after tonight is possibly a commitment from you folks for about $20,000 to help get this thing started. We have been to the director of CCDC, Capital City Development Corporation, which is the downtown Boise Urban Renewal Agency, requesting $1,000. We are scheduled to go to their board and get that official request made. So that is not a firm commitment. Micron Technology is another entity. If we decided not to go to downtown Boise but to Micron, we would go to Micron and see if they were willing to underwrite a portion of the costs also. Downtown Boise employers right now underwrite a portion of the cost of employees' bus passes. St. Luke's has been very interested in providing money toward this particular project because they want to get out of the transportation business from Eagle Road. So they're very interested in pursuing this shuttle bus with their riders, too. The schedule for this fiscal year is to continue our outreach efforts both with the employers and with agencies like yourself, try to improve our incentive programs, add additional vanpools if they're needed, and we do have money in there that we can put on vanpools; however, those are monthly commitments that's not an on-demand type of ride. You just can't show up at the park-and-ride and expect to get a ride. You have to preconfirm that with the vanpool driver. We want to initiate the contracted bus service through APA or COMPASS and also. add additional lots, park-and-ride lots if necessary. There is a park-and-ride schedule for the corner of Meridian and Overland Road next to the Ford dealership out there. That should be up and running probably this next summer, and it's 119 spaces. So we should be able to use that site as the pick-up location. We will be looking into continued funding either through congestion mitigation, air quality money for years 2000 and 2001 to keep this shuttle service live for the next -couple of years. With that, I would entertain any questions you might have. ( Meridian City Council Meeting January 4, 2000 Page 17 (- Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Ms. Nelson, the administration of this, is this going to be done with the existing staff or are we hiring any people to administer this shuttle service? Nelson: Councilman Bird, the contract will be administered by COMPASS, and they do have a person on staff that's already - Bird: Existing. Nelson: -- existing that will be taking this on. It will be put out to bid from a private contractor. It will be lift equipped so that we don't have a problem with people that are disabled wanting to get on and not being able to do that. Bird: Would it be for seniors and stuff like that? Is that what - Nelson: Anyone that wants to ride. Bird: Okay. Great. Nelson: There is no mid-day service planned, however. Bird: Oh. Just morning and night? Nelson: Uh-huh. Bird: Okay. Good idea. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I think these shuttle buses are a great idea and the carpooling, and you guys, obviously, have done this quite a bit. Why can't these programs be self-funding? Is there just not enough ridership at this point? Do studies show that the ridership will go up to the point where they can be self-funding? It seems like if someone's paying a dollar, why wouldn't they pay a dollar fifty to ride in that? Nelson: I don't think a dollar fifty would even pay for it. I don't know of any transit agency in the country that pays for itself. Boise Urban Stages, I believe in the report Kelly had something like 15 or 18 percent of the farebox - 18 or 15 percent of the cost is paid by the farebox. So you probably will never see it pay for itself. We've found, personally, and I run vanpools, once your fare gets up /'.- ( Meridian City Council Meeting January 4, 2000 Page 18 ("- , past the cost of gasoline, people will not ride. They won't pay that. Right now, ours are probably closer to being self-supported than any transportation system around, and we charge $50 from Meridian. So this would be quite a bit cheaper than that. I foresee that people would ride this, but it's still going to take a little bit more money than what the fare's going to cover. Anderson: Then a follow-up question, this is just proposed during the course of construction of the Flying- Y, and once that's over, then this program ends? Nelson: Our funding for the V-Mitigation right now only goes through October or if we have carryover, we can extend it further than that. *** End of Side 1 *** construction period, yes. That ends in 2002. Unless we get another grant which we are going to go after. Anderson: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Okay. My suggestion to the Council would be to talk about this again rather than giving this an answer tonight because we do have two Councilpersons coming aboard, and I think we're going to have another meeting next week, a special meeting, we can discuss that as well, give us more time for some answers. Nelson: I might add one other thing. The City of Caldwell now and the City of Meridian are both funding - Nampa, I'm sorry. We're hoping. The City of Caldwell provides $25,000 to the Treasure Valley Transit to help fund their program now that was just initiated not too long ago. City of Nampa now provides $35,000. Treasure Valley Transit is interested in going out for another grant to start service between the Nampa Caldwell area and connecting with this bus if we get it going in Meridian. So with that particular combination, it would expand services out here quite a bit. Corrie: I know that the survey showed that there was a very high interest in the Meridian ridership, and I think that it was - take a real close look at this and perhaps support it because we do have a lot of people calling and wanting to have the BUS services for that. They can go in the future as well with other grants, too. Bird: Mr. Mayor. ("- \ Meridian City Council Meeting January 4, 2000 Page 19 ( Corrie: Mr. Bird. Bird: I believe you are asking for a three-year commitment, though. Three fiscal years. That's- Nelson: Mr. Olen's indicating yes. Bird: Yeah. That's what I kind of took. Corrie: So it's - Bird: And if you do start it, you should finish it. I agree. Nelson: It's more or less a demonstration right now to see if it'll work. If it doesn't, then you know, we wouldn't be bound by anything to keep it going, certainly, but I think it really has a strong chance of success. ITEM 13. Water, Sewer and Trash Delinquencies: Corrie: Thank you. Any other questions? Okay. Thank you for your presentation. We'll be getting back to you within a couple of weeks, then. Thank you. We have a couple of other items left and then we'll be through. We have a delinquency turn-off schedule for 1/12/2000. This is to inform you in writing if you choose, to have the right to a pre-determined hearing at 7:30 p.m. Tuesday, January 4, 2000, before the Mayor and City Council to appear in person to be judged on the facts and defend the claims made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on January 12, 2000, unless payment is received in full. Is there anyone present who wishes to contest his or her water or sewer delinquency at this time? Hearing none, they are hereby informed that they may appear and appeal to have the decision of the City reviewed by the Forth Judicial District Court pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $216,480.78. It sounds like a lot, but it really comes down to a very small time before the 12th gets here. All right. I was just thinking of something else. Council, do we have an approval of the delinquency turn-off list schedule? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'll make a motion that we approve the delinquency turn-off schedule for 1/12/2000. deWeerd: I'll second that. ! I. Meridian City Council Meeting January 4, 2000 Page 20 ( Corrie: Motion is made and seconded to approve the delinquency turn-off list schedule for 1/12/2000. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 14. DEPARTMENT REPORTS: A. City Attorney - Bill Gigray 1. Request by Seven Gates: Corrie: Will, I was thinking, do we have to approve the bills this time or can we do it next time? Okay. We had one other item left on the department reports. Bill Gigray's request by Seven Gates. Mr. Gigray. Gigray: Mr. Mayor, members of the Council, you have, I believe, in your meeting packets, a request that was made by the developer of the Seven Gates which concerned a variance which they had requested of the Subdivision Ordinance which was heard by the Council, and the Council entered its Findings and Order of Decision which in essence granted and denied in part the request. The Order and Decision was tied to a site plan that was produced for the record by the applicant, and this request asks for relief from the Order and Decision granting and denying the variance because you granted it in part and denied in part based on a fact of error on the applicant's part of submitting an unauthorized plan or an incorrect plan which is dated 5/24/99. This particular applicant came to my office, I think, proposing to file an appeal which wouldn't have been appropriate. They would have to seek some type of judicial review. They submitted this request, I said that the best thing I could understand that you could do or recommend would be to submit your situation, present it to the Council, and they could decide what to do about it. The only way that you could receive additional information on this variance, and because it's a public hearing issue, would be some way to agree to move to re-open the public hearing and that at some point to set aside the Findings and to reconsider this matter based on this mistake. I think that would take a series of motions, it would first of all take a motion to waive any rules of the City with regards to time limitations on reconsideration. Number two, to set the matter for public hearing and re-open the public hearing. Number three, we have the issue of two new Council members coming on board who have not been a part of this decision process, and the question would be whether or not they would participate in any reconsideration which would require their becoming completely familiar with the record that has been made in this case and an agreement on the part of the applicant, and I assume that by making this application that would be an agreement that they could go forward under that basis, or the Council could consider appointing the two retiring Council members as special hearing officers to deliberate on this matter since they were part of the original decision to bring this to conclusion, if you decide to re-open it, or the ( Meridian City Council Meeting January 4, 2000 Page 21 ( Council could receive this information and decide not to take any action and let the final action that's already taken stand and if the applicant feels agreed by the circumstance, they would be directed to file a new application for variance and live with the order that's already been entered. Bird: This is a report, not an actual - ITEM 15. APPROVE BILLS: APPROVE Corrie: This is a report, not an actual - just suggest that we all get on board at the same time, everybody be on the same page and then we could address this. Mr. Clerk, I think Mr. Anderson has a good idea that we should go ahead and approve the bills tonight and then we can have the Treasurer's Report on the 18th and then also the bills again at that point. So, I'll entertain a motion to approve the bills at this time. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion to approve bills. Bird: Second. Corrie: Motion made by Mr. Anderson, seconded by Mr. Bird to approve the bills. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: That's the last item on the agenda tonight. I want to thank everyone for coming tonight. It's 8:30. We've almost hit it right on the button at 8:30. I wanted to thank all the people who attended, my wife and my son and his wife and two grandkids and all the friends that are here tonight. So, with that, Council, anybody have anything else that they would like to say at this time? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: We need to - how - what did the Council once we get our appointments and stuff because we've got - as liaisons, we're responsible for signing all the purchase orders and stuff for the bills, so whatever the other Councilwomen and Councilman wants to do, I think we need to forge ahead and at least get our liaisons so that we're taking care of our bills. (~.-- Meridian City Council Meeting January 4, 2000 Page 22 ( Corrie: We could do that according to the Ordinance, and correct me if I'm wrong, Mr. Attorney, the second meeting in January, previous is - do we - Mr. Berg, do you have that Ordinance, Code Book here with you? I - last time we did it at the second meeting. Bird: Yeah. We were covering up. We've got two new Council. Who's going to sign the deal? Ron and I going to sign them all? I mean, you know, I'm not going to. I'm not sticking my neck out that far. Corrie: We've got three signatures. Bird: No. We've got - by City Ordinance and City Code, Councilperson has to sign every purchase order. One Councilperson. Corrie: Okay. Bird: And it's been the liaison of each deal. So if we're going to pay the bills before January 18th, we need to have them signed. Now, I don't - Corrie: Whatever you want to do - Bird: I don't want to go out of the deal. I realize we've always had that. We've always had our deals, and I can't remember how we did it when Ron and I came on. I think that first night we got our assignments, didn't we? I don't remember. Anderson: We waiting until the next month. I don't know who signed the (inaudible) Corrie: I'll tell you what let's do. Why don't we have the same ones - the seats that they took, since you took - the signing of the Parks and Rec until the new President assigns you to do liaison, and then you would be Public Works, Cherie. Most of them, it's a lot of formality, but you'll get onto it very quickly. Just look through it and see - Tom will help you with what he has there. Anderson: Glenn and Charlie will be glad to assist you that very first time. Bird: That's fine with me. I was just - make a motion. I move that we temporarily, the Councilwoman McCandless, Cherie, do the Public Works with Gary and John Shawcroft and that Tammy do the Parks and Recreation. Corrie: Okay. Motion's been made to have Cherie McCandless, the Public Works, fill in with doing the signing of the purchase orders and money and then also, Tammy deWeerd for Parks and Rec. Any further discussion? Hearing none, is there any objection between the two of you to taking it? Hearing none - Anderson: I'll second it. ( Meridian City Council Meeting January 4, 2000 Page 23 ( Corrie: Motion made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. I'll entertain a motion to adjourn. Bird: So moved. Anderson: Second. Corrie: Motion made and s.econded to adjourn at 8:35 p.m. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIORAY. III D. SAMUEL JOHNSON WILLIAM A. MORROW WLLLlAM F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERRENCE R. WHITE.. 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 Email viaInternet@wfg@wppmg.com · ALSO ADMIlTED IN OR ..ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE Dece111ber 27, 1999 William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 RECEIVED DEe 2 7 1999 CITY OF l\1ERIDIAN Re: MERIDIAN LIBRARY DISTRICT APPEAL FILE: AP-99-007 Dear Will: Regarding t11e above refere11ced Inatter, please fi11d e11closed the origi11al of the ORDER GRANTING APPEAL OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND, for the City COU11cil111eetil1g of Decelnber 21,1999. If approved, please serve a certified copy of t11e ORDER Up011 the Applical1t, Planl1i11g a11d Zonil1g, Public Worl(s Depart111el1t, a11d the City Attor11ey. If you have any questiol1S please advise. Very truly yours, El1closure msglZ:\Work\M\Meridian 15360M\Meridian Library Appeal Sign Pennit\ClerkOrderAppeal.1tr BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF SIGN PERMIT FOR THE MERIDIAN LIBRARY LOCATED AT 1326 W. CHERRY LANE, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: AP-99-007 ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND This l11atter cOlnil1g before the City Coul1cil 011 Decelnber 21, 1999, at 7 :30 p.lTI., Up011 the appeal of the Meridia11 Library District, by a11d through its represel1tative, AIM Sigl1 COlnpany, I11C., and the Cou11cil having received the Appeal Applicatio11 form, and the record il1 this Inatter, and havi11g heard t11e argulnents a11d presentatio11 of Shari Stiles, t11e City of Meridian Plan11ing and Z011ing Adlninistrator, a11d appeari11g on behalf of the Applica11t, R011 Harold, representative of AIM Sign Compa11Y, Inc., and Patricia You11ger, froIll the Meridial1 Library District, and bei11g fully advised in the pren1ises issues the following Findi11gs of Fact and C011clusions of Law and Decisio11 al1d Order: ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE I OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND FINDINGS OF FACT I. The Meridian Library District submitted for approval, to the Planning a11d Zoning Administrator, a sign as depicted il1 AIM Sign COlnpany, Inc. Design Approval, Job Nall1e MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = I '0". 2. The Plal1l1il1g a11d ZOl1il1g Adlninistrator's office denied the Electro11ic Message Center portiol1 of the proposed sign UpOl1 the basis that it violated the provision of S 11-2-415 C paragraph 7 of the MUl1icipal Code, which prohibits Sig11S in all districts, except as otherwise provided by ordil1ance with "flashing lights or strobe lights of any color". 3. The Meridian Library District, through its represel1tative, AIM Sig11 COlnpany, I11C., till1ely filed an appeal of the Adlnil1istrator's deterlninatiol1 al1d decision for hearing before the City Coul1cil. 4. The Meridial1 Library District 11as agreed to tUfl1 the lTIeSsage cellter off whel1 the Library is closed and to use tl1e systelTI, wl1ich will be used for the Electro11ic Message Center, is a LED (Light Elnitting Diodes SystelU), which eluit very little light, a11d will be a all1ber colored systelTI with equivalent light froll1 the LED of apprOxilTIate 5 watt i11ca11descent systelTI, a11d will not use the "flash" 111essage systelTI display. ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 2 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND ( 5. Subject to the conditiol1S of Findil1g 110. 4, hereil1, the proposed Electrollic Message Center is not a "flashillg lights or strobe ligllts" prohibited Sigll, alld therefore the decision of the Adluillistrator of dellial is over-ruled. CONCLUSIONS OF LAW 1. The City of Meridiall has duly ellacted the followillg ordinance provisions regulating SigI1S as follows: 1.1 The activities alld types of signs shall be expressly prohibited ill all districts except as otherwise provided by this Ordinallce. 1.2 Flashing ligllts or strobe lights of any color. 2. The City ordillallces provide at S 11-2-404 D 1 a of the MUllicipal Code for an appeal, hearing and review by the City Council of all order, requirelnellt, decision, illterpretation or deterlnination by the Planning and Zoning Adlnillistrator. DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF IDAHO INDEPENDENT BANI( SIGN AND ORDER OF REMAND Based upon the above and foregoil1g Findings of Fact al1d Conclusions of Lavv IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of tIle Planlling and Zoning Adluinistrator of denial of the ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 3 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND ( Electronic Message Center POrtiOl1 of the proposed sign UpOl1 the basis that it violated the provision of S 11-2-415 C paragraph 7 of the Municipal Code, which prohibit Sig11S in all districts except as otherwise provided by ordinance with: "Flashil1g lights and strobe lights of any color", is over-ruled upon the COl1ditiol1 tllat the Meridian Library District has agreed to turn the message cel1ter off whel1 the Library is closed and to use the systeIn, which will be used for the Electronic Message Cel1ter, a LED (Light EI11itting Diodes SysteIn), which eInit very little light, and will be a aI11ber colored systeIl1 with equivaleI1t light froIn the LED of approximate 5 watt incandescent systeIn, and will not involve the use the "flash" lnessage systelll display and otherwise is ill accordal1ce with the presentation and dil11ensiol1s as depicted in AIM Sign Company, Inc. Desigll Approval, Job NalTIe MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = 1'0". 2. This matter is remanded to the PlanniI1g aI1d ZoniI1g Adlninistrator for further actio11 in accordallce with this decision. NOTICE OF FINAL ACTION Please tal(e notice that this is a final actio11 of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -65 21 an affected person beillg a persoll who has an interest iI1 real property which lnay be adversely affected by the denial of the appealluay within twel1ty-eight (28) days after the date of this decisioll aIld ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 4 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND ( order seel( a jtldicial review as provided by Chapter 52, Title 67, Idal10 Code. A-M By actio11 of tl1e City Cou11cil at its regular 111eeti11g held 011 tl1e ,- --- day of Jawu-Ci4~ f/ ROLL CALL: :h?CJO COUNCILMAN ANDERSON VOTED ~t/'- COUNCILMAN BENTLEY VOTED ~ COUNCILMAN BIRD VOTED ~'- COUNCILMAN ROUNTREE VOTED ~t7'-' MAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: /~ /f-- 00 MOTION: APPROVE$ --' DISAPPROVED: ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 5 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF SIGN PERMIT FOR THE MERIDIAN LIBRARY LOCATED AT 1326 W. CHERRY LANE, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: AP-99-007 ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND This Inatter COI11i11g before t11e City Council 011 DeceI11ber 21, 1999, at 7 :30 p.ITI., UpOI1 the appeal of the Meridian Library District, by aI1d through its represe11tative, AIM Sign COll1pal1Y, Inc., a11d the Council havi11g received t11e Appeal Application forIn, a11d the record i11 this l11atter, and having heard the argulne11ts and presel1tatio11 of Shari Stiles, the City of Meridial1 Plal111i11g a11d Z011ing Adll1i11istrator, a11d appeariI1g 011 be11alf of the Applicant, ROI1 Harold, represeI1tative of AIM SigI1 COlnpa11Y, Inc., and Patricia You11ger, froITI the Meridian Library District, and being fully advised in the preInises issues the followi11g Fi11di11gS of Fact and COI1Clusio11S of Law and Decision a11d Order: ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 1 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND FINDINGS OF FACT 1. The Meridian Library District submitted for approval, to the Planning a11d ZOlli11g Adll1i11istrator, a sign as depicted in AIM Sign COlnpany, Inc. Design Approval, Job Name MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = 1'0" . 2. The Planning a11d Z011ing Adll1illistrator's office denied the Electro11ic Message Center portion of the proposed sign upon the basis that it violated the provision of S 11-2-415 C paragraph 7 of the Municipal Code, wllich prohibits SigtlS in all districts, except as otherwise provided by ordinance with "flashing lights or strobe lights of allY color". 3. The Meridial1 Library District, through its representative, AIM Sigll COlnpa11Y, Inc., tilnely filed an appeal of the Adlni11istrator's deterlnillation alld decision for hearing before the City Council. 4. The Meridian Library District 11as agreed to turl1 the l11essage cellter off wIlen tIle Library is closed and to use the systeln, which will be used for the Electronic Message Center, is a LED (Light Elnitting Diodes Systeln), which ell1it very little light, and will be a alnber colored systelTI with equivalent light froll1 tIle LED of approxilnate 5 watt illcandescent systelll, al1d will110t use the "flash" lnessage systeln display. ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 2 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND 5. Subject to the c011ditions of Finding no. 4, herein, the proposed Electronic Message Ce11ter is 110t a "flashing lights or strobe lights" prohibited sign, and therefore t11e decision of the Adlni11istrator of denial is over-ruled. CONCLUSIONS OF LAW I. The City of Meridia11 has duly enacted the followi11g ordi11a11ce provisions regulating sigI1s as follows: 1.1 T11e activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by this Ordi11ance. 1.2 Flashing lights or strobe ligl1ts of any color. 2. The City ordinances provide at S 11-2-404 D 1 a of the Municipal Code for a11 appeal, hearing and review by the City Council of an order, requirement, decision, interpretation or determination by the Planni11g and Zoning Adll1i11istrator. DECISION AND ORDER GRANTING APPEAL, OVER-RULING OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF ELECTRONIC MESSAGE CENTER PORTION OF MERIDIAN LIBRARY DISTRICT SIGN AND ORDER OF REMAND Based upon the above and foregoi11g Findings of Fact a11d Conclusio11S of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the Planning and Z011ing Adlninistrator of denial of the ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 3 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND Electronic Message Center portion of the proposed sign Up011 the basis t11at it violated the provisio11 of S 11-2-415 C paragraph 7 of the Municipal Code, which prohibit signs in all districts except as othervvise provided by ordinance with: "Flas11i11g lights and strobe lights of any color", is over-ruled llpon the C011ditio11 t11at the Meridian Library District l1as agreed to tur11 the ITIeSsage ce11ter off when the Libral)' is closed and to use the systelTI, which will be used for the Electro11ic Message Cel1ter, a LED (Light Emitti11g Diodes SystelU), which emit very little light, and will be a aIuber colored systeITI with equivalent light frOITI the LED of approxilnate 5 watt inca11desce11t systelTI, a11d will not il1volve the use tl1e "flas11" lnessage system display al1d othervvise is in accordance with the presentation and dime11sions as depicted i11 AIM Sign Company, Inc. Design Approval, Job NalTIe MERIDIAN LIBRARY, dated 12-16-99, Site Plan Scale 1/2" = 1'0". 2. This lnatter is relna11ded to the Plal111i11g and Zoning Adnli11istrator for further actiol1 il1 accordance wit11 this decision. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the goverl1il1g body of the City of Meridia11. Pursuant to Idaho Code 8 67 -6521 an affected person being a person who has a11 interest in real property which may be adversely affected by tl1e de11ial of the appeal may withil1 twe11ty-eight (28) days after the date of this decision and ORDER GRANTING APPEAL OVER-RULING OF PLANNING - PAGE 4 OF 5 AND ZONING ADMINISTRATOR'S DENIAL OF MONUMENT SIGN WITH MESSAGE CENTER FOR THE MERIDIAN LIBRARY DISTRICT AND ORDER OF REMAND ( order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 4f!: day of cTCl/Ul t:i/1-t ROLL CALL: COUNCILMAN ANDERSON VOTED tjev...... 2000 COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED ~ COUNCILMAN ROUNTREE VOTED* MAYOR ROBERT D. CORRIE (TIE BREAl<ER) VOTED DATED: /-4 ~oo ~ MOTION: APPROVED: ~. -"---- _.~~-- ~ DISAPPROVED: Copy served upon Applicant, the Planl1~ugr9J\~/~J1ing Departlnent, Public W orl(s . \,\\ Of M€ 1'1 Departm nt and the CIty Attorney. 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DAVID NAVARRO <' ~ 80~SE, IDAHO FEE L/ DEPUTY 2DDD JA -6 PM I: 2 J 6fr f 000 0 , 432 CITY OF MERIDIAN ORDINANCE NO. ~ 4- AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER SII-2-408B(7) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: I. The owner of the following described property has ll1ade a writtel1 request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to L-O (Lilnited Office) District as defined under S 11-2-408B(7) of the Municipal Code of the City of Meridia11; and 2. The City of Meridian Planning and Zoning COlnmission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally MIlCE GAMBLIN (L-O) RE-ZONE ORDINANCE - I ( described as: A parcel of land in West half of the Southeast quarter of the Southwest quarter of Section 1 of Township 3 North a11d Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as beginning 280 feet West of the Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section I; Thence North, 120 feet to the REAL POINT OF BEGINNING; Thence North, 21 0 feet; Thence West, 120 feet; Thence South, 210 feet; Thence East, 120 feet to the REAL POINT OF BEGINNING. SECTION 2. That the above-described real Property be, and the same is hereby re-zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area l11aps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Assessment Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 41!:: day of J ~CVl-iJ-., -t 999-2000. (j MII<E GAMBLIN (L-O) RE-ZONE ORDINANCE - 2 SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herevvith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval a11d publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisita-ayof J~ ' i-9"99: 2.000 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this~ayof <:T~q... ,1999. 2000 (/ A TrEST: MIICE GAMBLIN (L-O) RE-ZONE ORDINANCE - 3 ( STATE OF IDAHO,) : ss. COllnty of Ada. rlL- (k IfL JA~A~A cZCX;O On this 'i day of uv~----r ' 1-9-99, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,.."...., ~....1). OV.B~' a !..~~.......:)~~~\ !~" 'tAk~ II Ab041~' : \0 : NOTARY PUBLIC FOR IDAHO : ...-- << · Y/J i << ,-v: E RESIDING AT: III rff#tj"B:- \ PUB'" ..~~ i MY COMMISSION EXPIRES://-o,;Lo t.f ~ .p .e 'T fit ..~ "".JI ......... <"\ ~ ......... ~. ~ ~ n..~_ \v ~.. MS~. r~I"M\7\4d'dian 15360M\Gamblin, Mike RZ\RZOrdinance ......".... MlI<E GAMBLIN (L-O) RE-ZONE ORDINANCE - 4 _==l~ l~_~_~~~i-' ~_~~d~dd~~~~~-~!' = - ~ l.... t=-::;./ - - --==-- ---~ -- - =- ~ -== -~ =- -- ----- - --- - - - - - - =. -.= - =.--=t (-- - - ~ I I I \ ~ ) I / I I j I i t I I i ~ i ~ ~ --J ~ --~ I !:ti III !1 I 11 11 j \ ': u Ii I: II Ii 'l II \ I:, --"" , d "'-1 l--~l : d 1 II ! II I I : q I II ! 1\- I I I 11 : II _-:~=l_.:) --1') I I--{l II I _ J ------( .;. -.;. -':"1 d I II ~'=- - - - - - --- ~ It ~IL ..-,r - ~ g' :c=- O ... t\ )I- , f , .~ z "' I ,r .r I n~ ~. ( .::r-. ~t) \ ~, ~ -.. I' ~. ~s: - , 0 \{\ ~, ,--. \' ~m 3 ~ 1- ~. ~ ~ ( Cl>m ~ " "'- ~ 1'T1-1 C) ~, ~ [ \J- -, ') ~ ./ :EZ ('\ r r +-- ~ ;:G) .~ ~ -; r " ~ ~ ~ rn -c c: ~ ~ OJ \r1 \JJ ~t r- [y) ~ \10 ~ .~- - n ..-... ~ () ~ --lSt- :b - ----- 5 0 :I: ~ ~ tJ ~ 0 ) :0 m ~ rn )> 7::1= ~. P CI) 0 - ,.... ~ ~ F (I) - Er 0 -n - - ....... Q Z .,)., ~ \~ 3: ~ '1 G) .s 'J.J ~ ~ Ov \.N CIJ m - ---. (\.1 :t ~ ~ ~ - :::c \A , , ~ ~ G) ~ ~ ~ 0 - . <3'\ ~ ;: Z C ,00 ~ ~ ~ (f rn ............ ......." V I - ~\ ( - Z )> 0 CIJ Z )> :I: 13-1 m :::om m 0 -I c:.... rn () ---i C ~ C-. ~ 0 :t> ~ z C1 ~ I trJ ? 0 ..a:- :g~ ~ ~ ~ ~ c:::>> t= c::) txj J 0(5 ~ t::) C; CJ)~ ~ December 28, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4, 2000 APPLICANT: AGENDA ITEM NUMBER: 12 REQUEST: PRESENTAnON BY ERV OLSON AND PAT NELSON AGENCY COMMENTS CITY CLERK: 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: CENTRAL DISTRICT HEALTH: ~~ Oft r 4IJvS ~ro ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ./- v (- JAN - 4 2000 CITY OF ( ~ ( WYE Incentive Statistics 01/03/00 Total number of people registered for the Guaranteed Ride Home: 381 From total registered, the forms of altel1lative transportation used are: · BUS · Carpooling · Biking · Walking · Vanpooling · Commuters Bus 59 129 21 4 147 20 15% 340/0 6% 1% 39% 5% Transi-Cheks redeemed to date: 313 · BUS · Commuters Bus · Vanpooling 112 63 .138 36% 20% 44% Total number of new individual riders: 148 · BUS 63 · Commuter's Bus 23 · Vanpooling 62 We currently have 81 Companies carrying Transi-Cheks Parking Cheks applied for to date: · 32 registered applicants We currently have 21 Companies carrying Parking Cheks There have been 62 Parking Cheks redeemed to date There have been 113 requests for "Free Stuff" to date and 6,114 hits on our Web Site. Jor,uOfCY - if,O<oOO r RECEIVED JAN 1 3 ?no~ MAyons OPFICE CITY OF MEn:.:DIAN Memo J-fN; tV\b)1lav J\~ t h~ f/'y\L Vt '6 ~C- Ovf\d 1l~ irok..- if OOb. To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: 01/12/00 Re: Meridian Transportation Task Force Committee Mayor: During the last week of December 1999, I distributed a report to you and our Council members, concerning the recommendations of the referenced committee from their annual meeting held on December 15, 1999. After the Council meeting of January 4,2000, Tammy deWeerd asked that I also distribute a copy of the report to Chief Gordon and to Chief Bowers, Vv'hich I did the following day. Before distribution of this report to you and our Council, I sent draft copies to committee members Terry Smith, Rich Allison and Keith Borup. Keith called to say he had no comments and Terry called me with some comments, Vv'hich I incorporated into the report. I did not hear back from Rich. Terry also asked if last years Ad Hoc Transportation Committee recommendations should be attached to this report. I know that the Council talked about combining the two reports last year, however I do not know Vv'hat was actually done for a transmittal to APA. I think we need to let APA (COMPASS) know, in the very near future, Vv'hat our desires are concerning transportation projects in and around the City of Meridian so that they can prioritize those projects in the ITO Transportation Improvement Program (TIP). From the time of distribution of this report, I have only received comments from Chief Gordon as a result of review by Captain Musser. Anyway, in the essence of time, I request that the 1999 Transportation Task Force Committee's report be placed on the next available City Council agenda for discussion and action by the Council. As you and I know, COMPASS and ACHD have a lot of requests for projects and it seems that our best chance of getting Fromthedeskof... the projects we need is by being very aggressive in both of their courts. I am making an effort to attend every Wednesday noon meeting of the ACHD Commission so that they can see me and Gary D. Smith, PE Meridian City Engineer Meridian Public Works Deparbnent 200 E. Carlton Sl, Suite 100 Meridian, Idaho 83642-26(X) . Page 1 (208) 887-2211 Fax: (208) 887-1297 (~ see the interest that we have in our transportation projects and that we have an interest in what they are doing. If you have any comments or questions please give me a call. I appreciate your help in getting some comment(s) from the Council. Regards, tA Gary / ./ . Page 2 December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4J> 2000 APPLICANT: BENITON CONSTRUCTION AGENDA ITEM NUMBER: 6 REQUEST: APPEAL AND RECONSIDERATION OF CHANGE ORDER NO. FOR $613.00 FOR SUPERVISIONJ> OVERHEADJ> PROFIT AND BOND OF IDAHO POWER EQUIPMENT AGENCY COMMENTS SEE ATTACHED CITY CLERK: 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: or ~~('J 'V~ Gv ~f~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. beniton construction company DEe 3 0.: 1999 CITY OF MERIDIAN CITY CLERK OFFICE December 30, 1999 Attention: Mayor Robert D. Corrie and City Council Members - Charles Roundtree~ Glen Bentley~ Ron Anderson and Keith Bird City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Fire Station Dear Council Melnbers~ In response to your decision not to approve the $613.00 for Supervision, Overhead, Profit and Bond on item # 1 of Change Order # 1, Additional Idaho POV\7er Connection Fees, Beniton Constnlction would like to clarify the following. We included these costs on our original proposal request to ZGA Architects. When additional breakouts were requested \ve forgot to inclllde these costs. We contacted ZGA when "ve discovered this mistake, \vhich was prior to this change order being submitted to The City of Meridian. ZGA Architects instructed us to wait and tlley would apply tlns $613.00 to the next change order, which they did. We are unsure why this has been rejected when ZGA Architects, as your consultants~ have recommended this be paid. Sincerely, Beniton Construction COl11pany 711 Ilk ttJeN~ Matt Newton Project Manager P.O. Box 838 · Meridian, Idaho 83680-0838 · (208) 884-0027 · Fax: (208) 884-4626 ..."''''''' Y'-'..L.'- ( ~uH H~LHIIECTS PLRNNERS , \ 2083437162 P.02/02 i PROJECT: Meridian Fire Station Change Order #2 Breakdown 1.) Add for splldng of two (2) W!O X 124 beams in lieu of waiting for mill run: - Outland Steel Cost $2,400.00 ---:H 2- t{ OD 5% mark-up $ 120.00 Beniton Supervision $ 230. 00 1I_1i~ 2% Bond $ 55.00 __ ~. Total $2,805. 00 . 2.) Add for amount omitted on Change Order #1 for additional Idaho Power Co: fees:' 5%OH&P Beniton Supervision 2% Bond Total $ 30~OO $ 173,00 S 133.0q $ 613.00 &,/:; TOTAL CHANGE ORDER #2 ~;J \~/ 111&4-0 ~ $3,418.00 l~I',' , ;"- . I,~ -_~ -:--"~ December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4. 2000 APPLICANT: BENITON CONSTRUCTION AGENDA ITEM NUMBER: 7 REQUEST: APPEAL AND RECONSIDERATION OF CHANGE ORDER FOR $2805 FOR SPLICING THE FIRE STATION BAY BEAMS AGENCY COMMENTS CITY CLERK: SEE ATTACHED 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: 07 ~~ t<06 I a1~ 'Vt 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. beniton DEe 3 0' 1999 CITY OF MERIDIAN CITY CLERK OFFICE construction company Deceluber 30, 1999 Attention: Mayor Robert D. Corrie and City Council Melnbers - Charles Roundtree, Glen Bentley, Ron Anderson and Keith Bird City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Fire Statioll Dear COlIDcil Melnbers, In response to your decision 110t to approve $2,805.00 for a portion of Change Order #1, Steel Bealll Splicing, Beniton Construction ,vould like to clarify the following. In lieu of waiting for the one-piece steel beams, ,ve sought al1d received verbal approval froIn ZGA Architects to request a change from Pinnacle Engineers for splicillg the steel beams. This change was beneficial for the City because it allows the fire department to move in to their building in February. Had ,ve waited for the originally specified beam, the Fire Department would not have been able to occupy the Fire Station until late April. Pinnacle Engineers approved this beam splice with the following condition. The steel fabricator had to provide a "full pen weld" III their shop; field welding was not acceptable. To enable The City of Meridian to move III sooner Beniton Construction paid Outland steel $2,400.00 for this ,vork with the belief that The City of Meridian would cover this cost as they were the only beneficiaries of this change. This project does not have late completion penalties, which means we could have waited for the original beams and not spent additional monies on our part. We proceeded because we are striving to do what is in the best interest of The City of Meridian. Because of this "value received" by the City, ZGA Architects as your consultants have recommended ,ve be paid for this change. Sincerely, Beniton Construction Company 711 d& 4ew /rJ'1 Matt Newton Project Manager P.O. Box 838 · Meridian, Idaho 83680-0838 · (208) 884-0027 · Fax: (208) 884-4626 beniton To: City of Meridian We are sending you xx Attached _Under separate cover via the following items: RECEIVED JAN - 4 2000 CITY OF MERIDIAl\I c( C ft~fj 1-4---CJO :If<-- d- 7 Attention: Will Berg construction company Date: January 4, 2000 Job Name: Meridian Fire Station Regarding: Steel Beam _Shop drawings _Prints _Plans_Samples _Specifications _Copy of letter_Change Order _Other COPIES DATE NUMBER DESCRIPTION 6 Copies of Outland Steel cost breakdown THESE ARE TRANSMITTED as checked below: _ For approval _ Approved as submitted _ Resubmit_copies for approval _ For your use _ Approved as noted _ Submit_copies for distribution - As requested _ Returned for corrections~ Return_corrected prints For review & _ Response no later than comment FOR BIDS DUE I 19_ _ Prints returned after loan to us Remarks: Copy to: From: Joe Sanford P.O. Box 838 · Meridian, Idaho 83680-0838 · (208) 884-0027 · Fax: (208) 884-4626 Sent by: OUTLAND STEEL, INC.- 208 466 4095 ! \ 01 /04/00 ( . 9PM Job 450 Page 1/1 ~\.. , , , . -,.iIiiit1 ,-"":' ,- - ._,-, ~ " , - - · -~...::;;., }-(;~ 19047 Franklin Rd Nampa, Idaho 83687 phone: (208) 466-8410 Fax 1..208-46&-4095 '--6c..-kH s r:UK :PI R~ 5TAT'\Q N LA-E:DR ~R oNE ,SE:A~ ~ - - - 8, 's5'0 ~/t:=1I ?j,- , cur 5n c.J. A P..E.- I ~4 hA 1-4 Ar\i D L E- ~ A 1..( G N AtJJUST"TOFII :> TA-rc.c APART AND E:,S:=VE.L !}~ ReFIT AND Al.l ~N 3> ~ ~~ t-\~AT ~ r<oor PAS.S ::: 2:AcK. G{)(). 6E :3 ; ( !\J ~ L tA) E:..,LD y~, pOST H EA-, ~4 KE-MOVt=. cAJv1s ~ P-UNOFF TABS ~-.l k" (so) _#/} 050/c.JU-(;2..')-= ~) ICG . '" : . "c-:T1lJ- \~,~l)!J/t{;-o.i -iI'SoD -..:=A ~ff oD RECE1V.ED JAN - 4 2000 CITY OF MERIDIAN ~.PAN~ liMP=- T/~D tA.~ (' December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4# 2000 APPLICANT: AGENDA ITEM NUMBER: REQUEST: SWEAR IN NEW COUNCIL MEMBER SEAT NO.1 - TAMMY deWEERD 8 AGENCY COMMENTS CITY CLERK: 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: /~ ,~. SiJ1 /' SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JAN UARY 4# 2000 APPLICANT: AGENDA ITEM NUMBER: REQUEST: SWEAR IN NEW COUNCIL MEMBER SEAT NO.3 - CHERIE MCCANDLESS AGENCY COMMENTS CITY CLERK: 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: ,? / .' 5~V // NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 9 r' \, December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4, 2000 APPLICANT: AGENDA ITEM NUMBER: 10 REQUEST: SWEAR IN MAYOR - ROBERT CORRIE AGENCY COMMENTS CITY CLERK: 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: NAMPA MERIDIAN IRRIGATION: - /~ ~ S\~ 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. ( December 28, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4,2000 APPLICANT: AGENDA ITEM NUMBER: 13 REQUEST: WATER, SEWER AND TRASH DELINQUENCIES AGENCY COMMENTS CITY CLERK: 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 STREET NAME COMMITTEE: CVf~ V~ ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( DELINQUENCY FOR TURN OFF SCHEDULED FOR 01/12/00 MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7 :30 P.M. Tuesday, January 04,2000 before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. Y ou may retain council. This service will be discontinued on January 12, 2000 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and delinquency? No response. MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho code. Even though they appeal, their water will be shut off. The amount of the turn off list is $216,480.78. FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weel(S prior to the said public hearing scheduled for September 7, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hUl1dred (300') feet of the external boul1daries of the property under consideration lnore than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one weel( before said hearing and the copies of all notices were made available to newspaper, radio al1d televisiol1 statiol1s as public service anl10lil1cements; and the lnatter having been duly C011sidered by the City Council at the said September 7, 1999, public hearing; a11d the Applica11t, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full OpportU11ity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requiren1e11ts set forth in Idaho Code SS67 -6509 and 67 -6512; and SS 11-2-416E a11d 11-2-418E as evidenced by the Mfidavit of Maili11g, and the Mfidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL.. 2 3. Council tal(es judicial notice of its Zoning, Subdivision and Developlnent Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning Inaps thereof and the Comprehensive Plan of the City of Meridia11 adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho. 5. The owners of record of the subject property are William and Lucile Leavell of 2720 S. Ariel, Meridian, Idaho. 6. Applicant is the OWl1er of record. 7. The subject property is currently zoned Mediuln Density Residential (R-8) with a pending application for rezone to Medium High Density Reside11tial (R-15). The ZOni11g districts of R-8 and R-15 are defined withi11 the City of Meridian Zoning and Development Ordinance, Section 11-2-408 ( 4) and (5). 8. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the developlue11t and use of four luulti-faluily dwelling fourplexes for a total of sixteen (16) fourplexes with ameluties of swirmuing pool a11d a clubhouse located on the south side FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 3 ( of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. AI, Creel(Side Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARTHITECT, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: COlnmencing at a Brass Cap Monument marking the North 1/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00034'39" W (S 00000'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00034'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38043120" W a distance of 192.36 feet to a point; Thence N 89029'10" W (S 89056'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00033'16" E a distance of 351.65 feet to a POi11t; Thence N 88049'42" E a distance of 239.87 feet to a 1/2" rebar; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 4 Thence N 00036'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00036' 17" E a distance of 34.06 feet; Thence N 61004'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-of-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creel( the following courses; Thence S 00044'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61032'59", an arc length of 32.23 feet, and a long chord bearing S 31 032'36" E a distance of 30.70 feet to a point; Thence S 62020'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17052'43", an arc length of 18.72 feet, and a long chord bearing S 53025'31" E a distance of 18.65 feet to a point 011 said East line of the NW 1/4; Thence leavil1g said centerline and along the said East line S 00034'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 5 10. Giving due c011sideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not ilupose expense upon the public if the following conditions of developlue11t are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 10.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandulu dated August 5, 1999, be required as follows: Adopt the Central District Health Department's Recommendations as follows: 10.1 The Applicant's central sewage and central water plans must be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 10.2 Run-off is not to create a mosquito breeding problem. 10.3 Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 10.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater managelnent systelu that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 6 Adopt the Meridian Fire Department's Recommendations as follows: 10.5 Applicants shall satisfy all City and State codes. 10.6 The appropriate number of fire hydrants will need to be added throughout the complex. 10.7 Vehicles and trailers shall only be parl(ed in designated spaces. No parldng is permitted in the 25 foot driveway running through the apartment cOlnplex. 10.8 The main access driveway and the 25 foot loop drive must be constructed before building is started. 10.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. 10.10 The applicant shall worl( with the Fire Departlnent and Building Department to ensure that the number of framed apartment buildings without sheetrocl( installed for fire stops not be exceeded. 10.11 All apartment buildings containing more than six (6) apartments shall be provided with a fire sprinkler system. Adopt the Nalnpa & Meridia11 Irrigation District Recommendations as follows: 10.12 All municipal surface drainage shall be retained on site. Adopt the Ada County Highway District's Recommendations as follows: 10.13 Dedicate 60- feet of right-of-way from the centerline of F airview Avenue abutting the parcel by Ineans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required perluits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 7 revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section 15 of ACHD Ordinance #188. 10.14 Provide a paved pedestrian pathway in the aligrunent of Badley Street extended from its current tenninus to the west property line. 10.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12-feet of additional pavement with curb, gutter, and sidewall( on the east side of the road within 42-feet of right-of-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 10.16 Construct a 5-foot wide detached sidewall( on Fairview Avenue abutting the site. The sidewall( shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewall( with District staff. 10.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 10.18 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Adopt the Planning and Zoning Adlninistrator and Assistant City Engineer Recomme11dations as follows: 10.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creel( for construction within the existing 50-foot easement. Approval should be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 8 from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. 10.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement. 10.21 Correct elevations need to be submitted and/or clarified. 10.22 The plan shall be revised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 10.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public W orl(S Department. Sewer manholes are to be provided to l(eep the sewer lines on the south and west sides of the centerline. 10.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be respo11sible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routi11g with the Public W orl(s Department. Applicant shall be required to complete looping of water Inains into existing adjacent developments. 10.25 Detailed signage plans shall be included as part of this applicatio11 for review and approval. All signage is subject to design review approval. 10.26 A lninimum of 150 parking stalls must be provided on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEA YELL - 9 10.27 Underground pressurized irrigation must be provided to all landscape areas on site. Hool(-up and design details based on the proposed landscaping shall be submitted for approval. 10.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recormnend the fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 10.29 Applicant shall pay fees for water and sewer service which shall be detennined during the building plan review process. 10.30 For the number of parlctng spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being van accessible (16- foot -wide). Apartments may require that each building have an accessible space a11d ramp. All applicable Fair Housing and ADA requirements for multi-family housing must be Inet. 10.31 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 confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10.32 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. 10.33 Paving a11d striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BYWILLlAM D. AND LUCILE M. LEAVELL - 10 Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10.34 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10.35 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 10.36 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 10.37 Applicants shall provide five-foot-wide sidewall<s in accordance with City Ordinance Section 11-9-606.B. 10.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 10.39 A revised site plan shall be provided detailing all existing and proposed utilities for review by the Meridian Public W orl<s Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the developme11t with the Public W orl<s Department. 10.40 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to detennine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 11 10.41 Applicant shall be required to enter into an AsseSslnent Agreement with the City of Meridian. 10.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 10.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. 10.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 1 0.45 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building pennits. 1 O. 46 No City water will be allowed for landscape irrigation. 10.47 Five Mile Creel( is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risl( of pollution and to preserve the natural beauty of Five Mile Creek. The Planning and Zoning Commission further advises: 10.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 12 10.49 Applicant shall assure the water quality along Five Mile Creel( for runoff and/or drainage. 10.50 All signage shall be submitted for the approval of staff. 10.51 The applicant shall install pressurized irrigation or shall worl( with the Nampa-Meridian Irrigation District to provide irrigation for landscaping. 10.52 Applicant shall comply with ACHD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending froln its current terminus to the west property line. 11. The proposed uses within the subject application will be harlnonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 12. The uses proposed within the subject application will be subject to the c011ditions set forth in Finding of Fact no. 10 and will be designed, constructed, operated and lnaintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended esse11tial character of the same area. 13. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 14. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 13 adequately by ce11tral public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 15. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 16. The uses proposed within the subject application will not involve llses, activities, processes, materials, equiplnent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors. 17. The development will not result in the destruction, loss or damage of 11atural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code S 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use pennit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 14 for the proposed lise, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use pennit, including, but not limited to, those: I ) Minimizing adverse impact on other develoPlnent; 2) Controlling the seque11ce and timing of developlnent; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring lnitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of S 11-2-418 Municipal Code. 3. Idaho Code S 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is lmown as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 15 ( Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, Willialn D. Leavell and Lucile M. Leavell, husband a11d wife, owner of the property is granted a conditional use permit for the developmel1t and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swirmning pool and a clubhouse located on the south side of Fairview Ave11ue approxilnately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. AI, Creelcside Arbour Apartme11ts Phase Two, Meridian, Idaho, LARRY I<NOPP, ARTHITECT, for the development of the aforelnentioned projects and which property is described hereinbelow to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 16 A parcel of land as described in Warranty Deed Instrument No. 9227732 and Sh0W11 on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marldng the North 1/4 comer of said Section 7, thence along,the East line of the NW 1/4 of said Section S 00034'39" W (5 00000'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; The11ce continuing along said East line S 00034'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38043120" W a distance of 192.36 feet to a point; Thence N 89029'10" W (5 89056'20" W) a distance of 510.80 (510.67) feet to a POi11t; Thence N 00033'16" E a distance of 351.65 feet to a point; Thence N 88049'42" E a distance of 239.87 feet to a 1/2" rebar; Thence N 00036' 17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00036'17" E a distance of 34.06 feet; The11ce N 61004'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creel( and the southerly right-of-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creel( the following courses; Thence S 00044'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61032'59", an arc length of 32.23 feet, and a long chord bearing S 31 032'36" E a distance of 30.70 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 17 (. Thence S 62020'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17052'43", an arc length of 18.72 feet, and a long chord bearing S 53025'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00034'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 The Applicant's central sewage and central water plans must be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of Environme11tal Quality. 2.2 Run-off is not to create a Inosquito breeding problem. 2.3 Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater managelnent systelTI that prevents grou11dwater and surface water degradation. 2.5 Applicants shall satisfy all City and State codes. 2.6 The appropriate number of fire hydrants will need to be added throughout the complex. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 18 2. 7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 2.8 The Inain access driveway and the 25 foot loop drive must be constructed before building is started. 2.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. 2.10 The applicant shall worl( with the Fire Departlnent and Building Department to ensure that the number of framed apartment buildings without sheetroclc installed for fire stops not be exceeded. 2.11 All apartment buildings containing more than six (6) apartlnents shall be provided with a fire sprinlder system. 2.12 All municipal surface drainage shall be retained on site. 2.13 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be cOlTIpensated for all right-of-way dedicated as an addition to existing right-of-way frOlTI available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng grOU11d, in accordance with Section 15 of ACHD Ordinance #188. 2.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12-feet of additional pavement with curb, gutter, and sidewall( on the east side of the road within 42-feet of right-of-way. Provide a paved telTIpOrary turnaroU11d FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 19 r with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 Construct a 5-foot wide detached sidewall, on Fairview Avenue abutting the site. The sidewall( shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewall( with District staff. 2.17 As required by District policy, restnctlons on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.18 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 2.19 Applicant should provide evide11ce to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creel( for construction within the existing 50-foot easement. Approval should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. 2.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement. 2.21 Correct elevations need to be submitted and/or clarified. 2.22 The plan shall be revised to show all existing easements including existil1g sanitary sewer easemel1ts. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed developme11t. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public W orl<.s Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 20 ( 2.24 Water service to this site will be via extensions of existing lnains installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public W orl(s Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 2.25 Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 2.26 A minimuln of 150 parl<ing stalls lnust be provided on site. 2.27 Underground pressurized irrigation must be provided to all landscape areas on site. Hool(-up and design details based on the proposed landscaping shall be submitted for approval. 2.28 Non-colnbustible fencing is required. Details shall be submitted for approval. Staff recommend the fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 2.29 Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 2.30 For the number of parldng spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being van accessible (16-foot -wide). Apartments may require that each building have an accessible space and ralnp. All applicable Fair Housing and ADA requirements for multi-family housing must be met. 2.31 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 confirmation of said approval submitted to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 21 the Public Worl(S DepartlTIent. No variances have been requested for tiling of any ditches crossing this project. 2.32 Any existing domestic wells and/or septic systems within this project will have to be relTIoved from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2.33 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.34 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.35 Outside lighting shall be designed and placed so as not to direct illumination on any 11earby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.36 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Developlnent Ordinance. No telnporary signage or flashing signs will be permitted. 2.37 Applicants shall provide five-foot-wide sidewall(S i11 accordance with City Ordinance Sectio11 11-9-606.B. 2.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.39 A revised site plan shall be provided detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public W orl(s Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEA YELL - 22 ( 2.40 Applicant shall provide the Public Worles Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 2.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation inter11al to the project, particularly between principal buildings/uses. 2.45 Applicant shall coordinate locations and construction requirelnents with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.46 No City water will be allowed for landscape irrigation. 2.47 Five Mile Creel( is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creelc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEA YELL - 23 ( , 2.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. 2.49 Applicant shall assure the water quality along Five Mile Creele for ID110ff and/or drainage. 2.50 All signage shall be submitted for the approval of staff. 2.51 The applicant shall install pressurized irrigation or shall worle with the Nampa-Meridian Irrigation District to provide irrigation for landscaping. 2.52 Applicant shall cOlnply with ACHD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerl( upon the applicant, the Planning and Zoning Department, the Public W orles Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEICSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 24 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a perso11 who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 4f!::.. day of <I~7 ROLL CALL ,4999.2000.> COUNCILMAN ANDERSON VOTED $-- COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED~~ COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI(SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 25 ( MA"YOR R01)BR't D. CORRIB ('tlB 1)RfAl<:BR) DA1'BD'. /- f-OD \T 01'ED --------- Copy served upon APplicant, the Pla-nrUng and Zoning DepartlUent7 publiC Works DepartlUent and City Attorney, 1\1101'101'1', D IS}J>PRO-vtD"----- Dated:. _4-_00 By: City Clerk "\Io.T ,,.'\1l. A\.l\.1\ 'd'~~ l536oM\Cree\<Side Arbor\CuPFfC\SOrdDec fl'.s'lfz::"'v' or ,,;.\).v l \>- ..en 1~' · flNDlNGS OF FACt AND CONCL\.JSlONS OF LAW ~D DEClSlON AND ORDER GRN,rnNG CONDl'1'lONAL \.JSE PERMl'1' SUB1EC'1' '1'0 CONDl'1'lONS CREEKSlDE .i\RBO\.JR pHASE 11 BY WlLLlf\N\ D. ~D L\.JClLE N\. LEA\TELL - 26 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF WILLIAM D. LEAVELL ) AND LUCILE M. LEAVELL, FOR A ) CONDITIONAL USE PERMIT FOR FOUR ) MULTI-FAMILY DWELLING FOURPLEXES ) FOR A TOTAL OF SIXTEEN FOURPLEXES ) WITH AMENITIES OF SWIMMING POOL AND) A CLUBHOUSE ON THE SOUTH SIDE OF ) FAIRVIEW AVENUE APPROXIMATELY 600 ) FEET EAST OF THIRD STREET, MERIDIAN, ) IDAHO ) ) CUP-99-008 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1#1 day of WVy..?utrq, 2000 J 1 ClQQ, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the development and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. A1, Creekside Arbour Apartments Phase Two, Meridian, Idaho, LARRY KNOPP, ARTHITECT, as conditionally approved by order of the City Council on the 4't! day of ,J;ih k4r:; .' ;2000, 4999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 114 corner of said Section 7, thence along the East line of the NW 114 of said Section S 00034139" W (S 00000100" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00034'3911 W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38043'20" W a distance of 192.36 feet to a point; Thence N 89029'10" W (8 89056'20" W) a distance of 51 0.80 (510.67) feet ta a point; Thence N 00033'16" E a distance of 351.65 feet to a point; Thence N 88049142" E a distance of 239.87 feet to a ~" rebar; Thence N 00036'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-af-way of Fairview Avenue bears N 00036'17" E a distance of 34.06 feet; Thence N 61004107" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-af-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creek the following courses; Thence S 00044'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61032159", an arc length of 32.23 feet, and a long chord bearing S 31032'36" E a distance of 30.70 feet to a point; , Thence S 62020'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17052143", an arc length of 18.72 feet, and a long chord bearing S 53025'3111 E a distance of 18.65 feet to a point on said East line of the NW 1/4; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 2 ( Thence leaving said centerline and along the said East line S 00034139" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for the development and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse, subject to the following conditions of use and development: 2.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.2 Run-off is not to create a mosquito breeding problem. 2.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.5 Applicants shall satisfy all City and State codes. 2.6 The appropriate number of tire hydrants will need to be added throughout the complex. 2.7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 2.8 The main access driveway and the 25 foot loop drive must be constructed before building is started. 2.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WilliAM D. lEAVElL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 3 2.10 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 2.11 All apartment buildings containing more than six (6) apartments shall be provided with a fire sprinkler system. 2.12 All municipal surface drainage shall be retained on site. 2.13 Dedicate 50-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37 -foot Street section plus 12-feet of additional pavement with curb, gutter, and sidewalk on the east side of the road within 42-feet of right-af-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 Construct a 5-foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.18 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 4 2.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50-foot easement. Approval should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. 2.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement. 2.21 Correct elevations need to be submitted and/or clarified. 2.22 The plan shall be revised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall 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 the centerline. 2.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 2.25 Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 2.26 A minimum of 150 parking stalls must be provided on site. 2.27 Underground pressurized irrigation must be provided to all landscape areas on site. Hook-up and design details based on the proposed landscaping shall be submitted for approval. 2.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recommend the fencing not continue beyond the northerly curve of Five ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 5 Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 2.29 Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 2.30 For the number of parking spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being van accessible (16-foot-wide). Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi-family housing must be met. 2.31 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 confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.32 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. 2.33 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.34 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.35 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.36 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 6 2.37 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 2.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.39 A revised site plan shall be provided detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2.40 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper tree is required per 1 ,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 2.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 2.45 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.46 No City water will be allowed for landscape irrigation. 2.47 Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 7 Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 2.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. 2.49 Applicant shall assure the water quality along Five Mile Creek for runoff and/or drainage. 2.50 All signage shall be submitted for the approval of staff. 2.51 The applicant shall install pressurized irrigation or shall work with the Nampa- Meridian Irrigation District to provide irrigation for landscaping. 2.52 Applicant shall comply with ACHD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. 3. 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. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Creekside Arbour Phase II Subdivision. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of ~ 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 4& day of J'~;; ,1-e99. 2-&0011, By: I /" /ERT D. CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 8 copY serJed upon APpHcant, the P\ann\n9 and 1.on\n9 oepartment, pub\\C \NorKs oepartment and C\t\} Attorney. BY'. ~. C\t\} c\erK oated-. ;__ 4-.- {JO rnsglZ :Wl/or\l.\t\/N,,~eridian '\ 5360\'J\\oee\<.side Arbor\CI..lPOrder ~,\~"~ #- ... \,It . '" ~ ~.... ~~ f(jr~ ~~\ . ~ 5 ~ ; S'BA'L i \"~ 10J % "fa .......~T 1~ · -l!. i ;1'" ~ L'\ "f' S "'''1: ^'-- -.,.".., ,., ..... ""1 ""'JlII"I' .' .....' "11 ... ,...... .""."".,,-,,\\ 9 OROER Of CONO\1\ONAL APPROV AL Of CONO\1\ONAL usE PERM\1 \N\LUAM 0, LEAVELL ANO LUC\LE M. LEAVELL CREE\<.S\OE ARBouR p\-\ASE \\ December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4~ 2000 APPLICANT: DEPARTMENT REPORTS - BILL GIGRA Y AGENDA ITEM NUMBER: 14.8.1 REQUEST: REQUEST BY SEVEN GATES AGENCY COMMENTS CITY CLERK: SEE ATTACHED 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: ().? ~ ~p~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RECEIVED DEe 3 0 1999 CITY OF MERIDIAN REINCD, INC. P. O. BOX 963 CALDWELL, IDAHO 83606 PHONE: 208-459-7038 FAU(: 208-454-0942 December 29, 1999 William G. Berg, Jr. 1\ffiRIDIAN CITY COUNCIL 33 East Idaho Street Meridian, ill 83642 Re: Seven Gates Variance approval Sirs, Enclosed are copies of correspondence which concerns the Seven Gates variance application which was approved by council on 12/7/99. As this correspondence reflects - when the Seven Gates variance was approved on 12/7/99, the approval was tied to an incorrect site plan. I was una\vare the City even had that plhn & did not catch the date during the proceedings.... It was not the plan subluitted with the variance package. As a result, the Forsythes did not receive full consideration of their actual request & did not receive the benefit of due process from the City goverrunent systelu. Because of the introduction oftlle erroneous plans and the iInpact of those plans on the council's discussion and decision, we are requesting that the public hearing be reopened... and that you do not adopt the findings of fact and conclusions of law from the previous proceedings. The incorrect 5/24/99 plan was an unsigned drawing for internal use only - intended to show the owner the impact of full compliance with the City landscape ordinance. By the engineer's calculations, no variance would have been necessary for that drawing. The removal of existing asphalt; loss of parking; and loss of use of property required to comply with the 5/24 drawing were exactly the hardships that caused Seven Gates to apply for the variance. Again, we apologize for any confusion and / or inconvenience. . . . \ve are only seeking consideration of the request which was presented in the original variance application. Th~.o~~r ~~..u.. ~,_S.Sistance. /~~~'l Bill Downing ./ REINCO, INC. P. O. BOX 963 CALDWELL, IDAHO 83606 PHONE: 208-459-7038 F~X: 208-~54-0942 December 21, 1999 NfERIDIAN CITY COUNCIL Re: Seven Gates Industrial Subdivision SIrs, When the Seven Gates variance request \vas approved on Decelnber 7111 - the approval \vas tied to a Site plan dated 5/24/99. This "plan" vvas an unsigned \vorking dra\ving \vhich should never have been delivered to the City of Meridian. It \vas delivered on 12/1/99 in error by a Reinco elnployee believing that additional dOCUlnentation \vas required before the 12/7/99 City Councillneeting. The applicant's request should have been based on the original signed plans dated 6/30/99 - 30 copies of \vhich \vere provided to accompany the application. Please accept our apology for the confusion... it \vas never our intent to CirCUlTIVent proper procedure and we are not trying to do so no\v. The discussion of Dec. 7th \vas [avo rab Ie to the applic8nt' s request: \ve thought the approval \vas being based on the plans included \vi th the application: and did not realize unti 1 the follo\ving day that there had been a second & incorrect plan - the 5/2..+/99 dra\ving. As a result of the rnistaken plans~ the Seven Gates variance \vas not truly considered as requested. OUf COffilnents have already been received, as have those of your staff. Is it possible for you to reconsider this variance based on the plans actually included in the application & prevent everyone having to lose the tilne and costs of going back to square zero? The 5/24/99 plans \vere a mistake. If your council could revie\v the variance request based on the actual inforlnation sublnitted \vith the variance application & 3Inend their decision to incorporate the correct 6/39/99 plans - then the applicant's request \vill have received the full consideration intended. The cllstolner is willing to install all the landscaping reasonably possible on the site - \vithout tearing up existing asphalt or parking (\vhich is alrendy a concern). Every effort \vas made to follo\v proper procedure. Please take a another look at the variance request as sublnitted & provide an amendment to your approval to reflect such. Thank you for your consideration. Bill Do\vning ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ) PRELIMINARY AND FINAL ) PLATS FOR TURNBERRY ) SUBDIVISION NO.2) LOCATED WEST OF ) BLACICCAT ROAD SOUTH OF) USTICIC, MERIDIAN, IDAHO ) ) BY: BENCHMARI( LAND ) COMPANY ) ) CASE NO. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN This 1natter c01ni11g 011 regularly before t11e City Cou11cil 011 the 4th day of Ja11uary, 2000, upon the Applicant's ti1l1e applicatio11 for a one (1) year exte11sion wit11il1 w11ic11 to Sllbluit t11e Prelill1inary a11d Final Developll1e11t Plan as provided i11 Meridia11 City Code S 12-3-6 B, a11d good cause appeari11g: IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above l1all1ed Applicant is granted a one (1) year extended period of time frOll1 t11e date of this Order withi11 which to SUbll1it t11e Prelilni11ary a11d Pinal Developlne11t Pla11 for the above el1titled subdivisio11 application. ORDER GRANTING A ONE (1) YEAR TIME - PAGE 1 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS By actiol1 of the City Council at its regular Ineetil1g on the 4th day of Ja11uary, 2000. DATED this I!:!:- day of J~~.~ (J , 2000. Copy served Up011 Applical1t, Plal111il1g al1d Z011il1g Departlnel1t, Public W orl(s Depart111e11t a11d the City Attor11ey. ~~ ~~~ By:." ?tk~ ( City CI er k .... Dated: / - 4--(}O ORDER GRANTING A ONE (1) YEAR TIME - PAGE 2 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Gigray, III Subject: RECEIVED JAN - 6 2000 CITY OF1 lVIERIDIArJ RESOLUTION ON SCHEDULE OF FEES FOR WINTER CLASSES Date: January 3, 2000 Will: Please fi11d attached the origi11als of the Resolutio11, attac11ed Exhibit "A", and the Certificate of Clerl(, i11 regards to the above Inatter. This itelTI was heard at the Decell1ber 21, 1 999, City Councillneeting, a11d therefore all you are i11 11eed of are the attached origi11als of the Resolutiol1 and Certificate of Clerl(. If you have a11Y qllestio11S please advise. msglZ:\Work\M\IY1eridian 1 S360M\Parks\BerP{) 1 nQ(\A ~ 6 { (dS 100 I , 12 () ~tf..... ,6.. '~ ~J.l,,,,VJ MERIDIAN CITY COUNCIL MEETING: APPLICANT: CONSENT AGENDA SEPTEMBER 21. 1999 AGENDA ITEM NUMBER: --12 REQUEST: RESOLUTION FOR SCHEDULE OF FEE FOR FALL ClASSES BY MERIDIAN PARKS AND RECREATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED RESOLUTION CITY FIRE OEPT: CITY BUILDING OEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: ~ f~01 Oif,ro ~ ~ {2f CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMA liON: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM RECEIVED SEP 1 5 1999 City of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Gigray, III Subject: RESOLUTION ON SCHEDULE OF FEES FOR FALL CLASSES Fil e : 4.9.1 Date: September 15, 1999 Will: Please find attached the originals of the Resolution, attached Exhibit "A", a11d the Certificate of ClerIc, in regards to the above matter. This item is now ready for City Council, and I believe it is set for this Tuesday's City Council meeting, September 21, I 999. If you have any questions please advise. 01 S gJZ: \ W 0 r k\M\M eri dian 15360 M\P ar ks\Cler kResCerto fClkF all CI asses.1 tr RESOLUTION NO. 2- 5"3 BY: C61M1ed~ /(", &I--~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAIGNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: FINDINGS: Pursuant to the authority of this City to operate and maintain recreational and cultural facilities and activities, and to establish fees for services pursuant to ~ 63-1311; and it being found in the best interests of the City to conduct and provide various recreational activities as herein provided, and it being found that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providing those services. SECTION 2: ADOPTION OF FEE SCHEDULE: The attached Exhibit "A" Schedllle of Fees for services and activities listed are hereby approved, established and allthorized to be collected. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21 s;P day of S..epf-.efvv~ ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2/ SJ:.. day of J'e;;~ ,1999. (!CL n. (2 t MAYOR ATTEST: \\\H\Hli1ltJll \\\\ 116. 1111 ",......( Of w.J='~~") I/I~ " ~ "'\ "~;v.l . ./ ~" c} f\P:~~ ~~. ~ ~ ~00.' '#'of rL-. 'P' ~ , ~~ / J ~ v ~ - - Jt~~~fl ? !!) ~ ;. <1:'\ n.() ......- ..... ~ '#u. ,\J 0;,., %... <;;; . \3.,. 151 · ~.9 f msglZ:\Work\M\Meridian 15360M\Parks\ResolutionFeeS~~llCl.a:i~t<S ~~ ""... r'~111 UN11. \\\\\.\ Illflll1 n"\\\\ Meridian Parks & Recreap-Qn 19>_ Fall Activity Prices for Net ~lasses Final Copy CLASS PRICE Adult Co-ed Volleyball League $190 per team Men~ s Basketball League $21 0 per team $15 per player Adult Flag Football League $160 per team Adult Calligraphy $36 each Mixed Media $36 each Kid's Painting $36 each Adult Painting $40 each Beginning Crochet $24 each Beginning Stenciling $24 each Hunter Education $10 each Hip Hop Dancing Class $18 each Motor Development for Tots $8 each PLEASE NOTE: . The formula for establishing the class price is based on the hourly amount the instructors have requested to receive for teaching as well as any supplies and equipment costs. An additional 20% is added by Meridian Parks & Recreation for administrative costs. . "Care Enough to Share" financial assistance is available for qualified children in grades K-6. Application forms are available at the Parks & Recreation Office. Exhibit "A" to Resolution No. 253 City of Meridian CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the ul1dersigned, do hereby certify: 1. That I am the duly appointed and elected Clerl( of the City of Meridian, a duly i11corporated City operating under the laws of the State of Idaho, with its pril1cipal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the custodian of its records and minutes and do hereby certify that on the 21 J"ft day of J.epfe~ , 1999, the followi11g action has been tal(en and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAIGNG CERTAIN FINDINGS AND ADOPTING A SCHEDULE OF FEES FOR SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: FINDINGS: Pursuant to the authority of this City to operate a11d Inaintain recreational and cultural facilities and activities, and to establish fees for services pursuant to 9 63-1311; and it being found in the best interests of the City to C011duct and provide various recreational activities as herein provided, and it being fOU11d that there are costs to the City to provide such activities and that the fees herein established are reasonably related to, but do not exceed, the actual cost of providi11g those services. SECTION 2: ADOPTION OF FEE SCHEDULE: The attached Exhibit "A" Schedule of Fees for services and activities listed are hereby approved, established and authorized to be collected. \\\\\lttJ'tllll/ \\\ . M III \'\\.,J OF :.~p.~-. /11/ " oil '"\ I l;'~ );/ // Jh ,-" ~, ""lA ;~ ~'CJ oflPOJU, '>>.. '.Y6 ~.. . A~~ ~ _,,0 'J$; ~ rJ '/f / _ -.. ~ 0 - ~ i SEAL \ WILLIAM . ERG, JR. ~"?~ & g ~;!. Qu "Q} ~ ~ () 0-.,. 151 . ~.p .$ '/~. ~-'"' /;i a 5)T' " ///'>/1 OUNT'! · ~ \"",,,, CERTIFICATE OF CLERIC 6IplTIiE}~'iTY OF MERIDIAN - 1 OF 2 STATE OF IDAHO, : ss. COU11ty of Ada, day of ~~ ' in the year 1999, before me, M : a Notary Public, appeared WILLIAM G. BERG, JR., lmo or identified to me to be the City Clerl( of the City of Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. _ . . r--to-" ~~ff1 ~ ~'i 'liiliftiQ~~~ -, ';i~.7J (S~l~l. L,Si:~~~q~ "'1 J ,~l) ~@H@~~e 4t'~ ~ .; ..,..~. 0061 eOQ;' ',," 0, l"'Q'l"h ~ e ~ : "\ 0 1 A.t.\..Y \ ~ ~ .~ ~ ~: ~ ~ ~..,~ ~ * :: :,~L ,~ tit ~ ;;; 'X <c . ..: C" : \. \0 PUB\~',/ 0 i ~~, f...p ~l'. (){! 8o~.....X ~ ;::>.;.:<.. .-.1- ",.:1 GJgt>eQ008 'tr-r 'r-r ~4Ifi , ~ ":f ':h h 1."C\.. ~'O> .'?.t.?: j -e 0 F t- Y ,f#,~ - c~!l$ ti'" ~&Ij~!una"" Nota ublic for Idaho / t Commission Expires: I D IS ~~ 01Sg/Z:\ W or k\M\Meri dian 15360 M\Parks\CertClkfor ResolFeeScheduleF all CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2 OF 2