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Home My WebLink About2000 12-19 ( \ / d RESOLUTION NO 3 tlJ BY: ~/~ $ir~ O~~cd)nv~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVID FULLER AND SHIRLEY, FULLER, AND VICJG WELI<ERlGOLD RIVER COMPANIES, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with DAVID FULLER AND SHIRLEY FULLER, AND VIeIG WELI<ERlGOLD RIVER COMPANIES, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto mar]<ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. TIle Mayor and Cler]( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVID FULLER AND SHIRLEY FULLER, AND VIeIG WELI<ERlGOLD RIVER COMPANIES, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and DAVID FULLER AND SHIRLEY FULLER, AND VICJO WELI<ERlGOLD RIVER COMPANIES, INC., a copy of which is attached hereto mar]<ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-OO-006) - 1 of 2 PASSED&" THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I q 11- day of 'U11v~ ,2000. APJ.ROVED~HE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /tJ .r-- day of ht.~ ,2000. ~I-[J~A~Z- MAYOR ATTEST: \:'\1\l\lfHlllll/1 :o.~~~ of MEIli~/i'I"" Ji ~$'~'r' O/.l!.. ~.,.~ yl,~ ~ ~ v ....% ~ it'h~ P" / l \ CITY CLERI(" ~ SEAL ~ \ ."~ '~n f ~ "0 ~'I!j'r 15'\ ' .~ ..~ msglZ:\Work\M\Meridian 15360!v1\Valeri Heights AZ\Resor~)o1 CO'.. 'ifi>tt' ...vi ..1./1.) . ,(~m1'!' ,,\.'\\. . 1# ,< . . ~\.\ 4'~tJ;~f H1~'~'~ Resolution (AZ-OO-006) - 2 of 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorpo"rated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this !~' I am the c~dian of its records and minutes and do hereby certify that on the f:!; day of r~/?t/:)t1..r, 2000, . the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING THE N1AYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERlDIAN AND DAVID FULLER AND SHIRLEY FULLER, AND VIeIa WELI<ERlGOLD RIVER COMPANIES, INC. BE IT RESOLVED BY THE N1AYOR AND COUNCIL OF THE CITY OF MERlDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with DAVID FULLER AND SHIRLEY FULLER, AND VICra WELI<ERlGOLD RIVER COMPANIES, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, 1tHEREFORE, BE IT RESOLVED BY THE N1AYORAND CITY COUNCIL as follows: ( \ ( 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVID FULLER AND SHIRLEY FULLER, AND VICra WELlCERlGOLD RIVER COMPANIES, INC., entitled "DEVELOPMENT AGREEMENT", by and betvveen the City of Meridian and DAVID FULLER AND SHIRLEY FULLER, AND VIera WELlCERlGOLD RIVER COMPi\NIES INC., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \"\'\ i\\l-rfffJ 11111, ,~'L~ of ~/''''" ~<,.(!.:~--( .~~ ~ \Y"'-~ ? f ~- ~ ~ E . S 2 ~ ~ S'EAL ; ~ l"~ #. j "\ "?<) ~~7" 15""\ .... R j"! ~ . ':.1 . ,,("\ ~ ...,..r '.I., Po~ ~ ,\; STATE OF IDAHO, 1'II)IJII;~:~~:~ftH';~\\'\\" : SSe County of Ada; ) On this' l~b day of Jam /o.l;y , in the year 2000, before me, ~ q.v.elio~ ~ i LtgCLvV1Zti\, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on beh~lf of the City of Meridian. s . Il ..... ;r . . .. --a r..J ., ~. ~ ~:._-,o~.. ~~~oTA~'" +6C .c;~. 'Or......,/ ~ -~~ \ '0 .' / .-.." \ (\ , a~1 ~~ \NA (SEAL) :00\ K ~ '* );t:.E Notary Public 0 ~. \. ..0,._. c / : Commission Expires: tf -l.-b-O fo . c.P~, ..:'VBL~ ; 0 ./:i .. ~.?i?~_.-#"~~c> ....OFlP..... ..... z:\ W o rk\lV1\lv1eridian 1,5360iv1\ Valeri Heights AZ\CertofClerk Certificate of Clerk (AZ-OO-006) .. 2 of 2 I, vel Ul: ,.I ( ( Jones. Gledhill. Hess. Andrews. Fuhrman '" . . ., , '- ... .. - Bradbury & Eiden, P.A. ATTOBNEYS ~_T LAW December 19) 2000 :RECEIVED DEe 1 9 2000 CITY OF MERIDlAL~ STephen ^. R,.adbury Honorable Robert Corrie Mayor of Meridjan 33 E. Idaho Ave. Meridian, JO 83642 ~ Facsimile Meridian City CounciJ 33 E. Idaho AVe. Meridian) 10 83642 By Facsimile Re: Steiner DevelopmenVCity of Meridian Land Exchange Agreement Dear Mayor Corrie and Council Members: Following the Council's meeting of December 5, 2000. Doug Campbell of Steiner Development had discussions of Wally Lovan of Cherry Lane Recreation, Inc. in an attempt to reach an accommodation with respect to the piping of the eight mile lateral in the vicinity of the exchange parcels. From what I understand, Mr. Campbell and Mr. Lovan did reach an understanding in that respect. Unfortunately, that agreement had not yet been reduced to writing prior to Mr. lovan's unfortunate and untimely death. Under the circumstances, Mr. Campbell has been reluctant to burden Mr. Lovan's family with this matter and would, therefore, appreciate it if the Council would defer further action on the Exchange Agreement until its next regularly scheduled Council meeting. At that time, Mr. Campbell hopes that he will be in a position to present the Council with an agreement acceptable to Cherry Lane Recreation, Inc. In the event you have any concerns with respect to this matter, please feel free to contact me. Sincerely, SAB:1I cc William F. Nichols (by fax) Sandy Clay (by fax) Doug Campbell (by fax) The 9'h & Idaho Ceorer . 225 North 91h Street, Suire 820 P. O. Box. 1091 + Boi~e, Idaho 83701 Phone (208) 33l-1170 . Fac~irnjJe (208) 331-1529 E-rvIail ^ddrc;ss: jg<<~ic.1alaw.com DEe 19 '00 15:31 (- -RECEIVEO DEe 0 1 2000 DIAN CITY .CLERK OFFICE interoffice MEMORANDUM To: William G. Berg, Jr. From: Marlene 81. Georg Subject: The Lakes @ Cherry Lane # 8/Meridian - (Land Exchange) Date: December 1, 2000 \^lill: PI~ease find attached the original of the ordinance pertaining to the land exchange between Steiner Development and the City of Meridian. This ordinance is set for the Council meeting for Tuesday, December 5, 2000. If-you need anything further, please advise. MsglZ:\W ork'Jv1\Meridian\Meridian 15360.M\CherryLane Land Exchange\Berg 1201 OO.Mem CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN APPROVING EXCHANGE OF PROPERTY AS DESCRIBED HEREIN FROM STEINER DEVELOPMENT, LLC TO THE CITY OF MERIDIAN AND AS DESCRIBED HEREIN FROM THE CITY OF MERIDIAN TO STEINER DEVELOPMENT, LLC, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to I.C. S 50-1401 et seq., the City of Meridian has authority to sell or exchange re"al property owned by it, where said real property is not used for public purposes; and WHEREAS, all the requirements of Chapter 14 of Title 50 of the I.C. have been fully complied with by the City of Meridian; and WHEREAS, the City of Meridian owns real property which can be exchanged for other real property and goods which will serve the public and be used for public purposes; and . WHEREAS, the City Council has determined that the value to be received, by exchanging the property, will be adequate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section I: The property to be exchanged is more particularly described as follows: A portion of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho. thence along the Easterly boundary of the said Northwest Quarter of S~ction 3, South 00027'29" West 1,365.57 feet to an iron pin marldng the Southeast Land Exchange Ordinance - Page 1 of 6 (- comer of the Northeast Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lal<e At Cherry Lane No.4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Bool< 7 4 of Plats at Pages 767 4 and 7675; thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake At Cherry Lane No.4 Subdivision, North 89018'58" West 301.76 feet to an iron pin marking the Northwest comer of said The Lal<e At Cherry Lane No.4 Subdivision; thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry Lane No.4 Subdivision, South 00030'18" West 486.13 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence continuing along said Westerly boundary, South 00030'18" West 19.38 feet to a 'point; thence leaving said Northwesterly boundary, North 89029'45" West 79.95 feet to a point; thence S.outh 78033'49" West 182.71 feet to a point; thence i'Torth II 045'06" East 20.62 feet to a point; thence North 78053'05" East 183.47 feet to a point; thence South 89029'54" East 74.99 feet to the point of beginning, comprising . 0.11 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. AND A portion of the Northwest Quarter of Section 3, T. 3N., R. I W., B.M., Meridian., Ada County, Idaho and more particularly described as follows: Land Exchange Ordinance - Page 2 of 6 Beginning at a Brass cap marking the Northeast comer of the Northwest Quarter of Section 3, T. 3N., R. lW., B.M., Meridian, Ada County, Idaho; thence a~ong the Easterly boundary of the said Northvvest Quarter of Section 3, SOllth, 00027'29" West 1,365.57 feet to an iron pin marl<ing the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lal<e At Cherry Lane No.4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 7 4 of Plats at Pages 767 4 and 7675; thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake At Cherry Lane No.4 Subdivision, North 89018'58" West 301.76 feet to an iron pin marldng the Northwest corner of said The Lake At Cherry Lane No.4 Subdivision; thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry Lane No.4 Subdivision, South 00030'18" West 486.13 feet to an iron pin; thence leaving said Westerly boundary North 89029'54" West 74.97 feet to an iron pin; thence South 78053'0511 West 183.47 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence South 11045'06" West 206.39 feet to an iron pin; thence South 00030'06" West 154.08 feet to an iron pin; thence Southwesterly 24.54 feet along the arc of a curve to the left, said curve having a radius of 425.00 feet, a central angle of 03018'29", and a chord bearing South 80053'03" West 24.54 feet, to a point on the easterly right-of- way of the Eight Mile Lateral; . thence along said easterly right-of-way North 00042'19" East 347.61 feet to a point; thence leaving said easterly right-of-way North 78053'05" East 65.54 feet to the REAL POINT OF BEGINNING, comprising 0.278 acres, more or less. Land Exchange Ordinance - Page 3 of 6 (' ( SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. said property will be exchanged to Steiner Development, LLC, an Idaho limited liability company. Section 2: In exchange for the real property described above, the City of Meridian shall receive the following described real property: A portion of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows:. Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho: thence along the Easterly boundary of the said Northwest Quarter of Section 3, South 00027'29" West 1,365.57 feet to an iron pin marl<.ing the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake At Cherry Lane No.4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake At Cherry Lane No.4 SubdiVision, North 89018'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake At Cherry Lane No.4 Subdivision; thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry Lane No.4 Subdivision, South 00030' 18" West 1,058.58 feet to an iron pin; thence leaving said Westerly boundary, and along the Northwesterly boundary of said The Lake At Cherry Lane No.4 Subdivision, South 82030'02" West 323.04 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence continuing along said Northwesterly boundary, South 82030'02" West 36.87 feet to an iron pin; Land Exchange Ordinance - Page 4 of 6 thence leaving said Northwesterly boundary, North 00030'14" East 163.35 feet to an iron pin marking a point of curve on the Southerly right-of-way of proposed W. Talamore Boulevard. thence along said Southerly right-af-way, along a curve to the right 38.58 feet, said curve having a central angle of 05053'39", a radius of 375.00 feet, tangents of 19.31 feet, and a long chord of 38.56 feet bearing North 74043'40" East to an iron pin; thence leaving said proposed Southerly right-of-way, South 00042' 19" West 168.70 feet to the point of beginning, comprising 0.14 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Section 3: In addition to the real property described in Section 2 above, Steiner Development, LLC shall also supply 152 feet of 48 inch diameter concrete pipe meeting the applicable specifications of the Nampa & Meridian Irrigation District for use in tiling the Eight Mile Lateral in the vicinity of the exchange parcels. Section 4: The exchange effected by this ordinance shall be subject to the follovving conditions, each of which must be satisfied thirty (30) days prior to the closing date, or this ordinance shall be of no further force and effect: a. Each of the properties to be exchanged shall, to the reasonable satisfaction of the parties, be determined to be free of any environmental and biological contaminates. b. Receipt by the City of consent to the exchange by the City's tenant, Cherry Lane Recreation, Inc. c. Receipt by the City of approval for the exchange and the future use of the real property to be exchanged by the City for residential purposes from Western Ada Recreation District, the City's predecessor in title to the real property to be exchanged by City. d. Approval by the City of an application made by Steiner Development to (i) incorporate the real property to be acquired by Steiner Developn1ent Land Exchange Ordinance - Page 5 of 6 (~ pursuant to Land Exchange Agreement into those lots in the proposed Lake at Cherry Lane Subdivision No.8 which are adjacent to the said real property to be acquired by Steiner Development, (ii) and add an additional residential building lot between lot numbers 57 and 58 as depicted on the plat of the proposed Lal(e at Cherry Lane Subdivision No. 8 which said approval may be conditioned upon the closing of the exchange transaction contemplated hereby. Section 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it .would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. Section 7: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. Section.8: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ,2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of. , 2000. Mayor Robert D. Corrie ATTEST: City Clerk z:\ W ork\M\Meridian \Meridian 15360 M\CherryLane Land Exchange\LandExchangeOrd.\vpd Land Exchange', Ordinance - Page 6 of 6 ( AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this _ _ day of , 2000, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and WARREN B. and JEANIE M. PEMBERTON, husband and wife, as hereinafter defined and hereinafter.referred to as "SEWER USER". I. RECITALS: 1.1 WHEREAS, "Sewer User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code s50-323, provides and empowers cities to establish, create, develop, maintatn and operate sevver systems; and 1.3 WHEREAS, "City" operates and maintains and develops a sewer system; and 1.4 WHEREAS, t~e "City" has enacted an ordinance governing its sewer system codified in Meridian City Code ~ 9-4-26; and 1.5 WHEREAS, the "Sewer User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the sewer to serve the "Real Property" and the "City" is willing to provide that connection to the sewer service to the' "Sewer User" subject to the tenns and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and AGREEMENT FOR HOOI(UP TO THE .CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - I (- "PolicylRegulations" which govern its sewer system be included as terms and conditions of this agreement and that the "Sewer User" provide perpetual consent to annexation of the 'tReal Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the follovving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer User": means and shall refer to Warren B. and Jeanie M. Pemberton, husband and wife, and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel (s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its sewer system presently codified at Meridian City Code 9 9-4-26, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the uSewer System". 2.5 uPolicylRegulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer system. 2.6 uSewer System": means and shall refer to the City's sewer system. AGREEMENT FOR HOOICUP TO THE CITY OF MERIDIANtS SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 2 ( NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER HOOI(UP SERVICE: The "City" agrees to provide a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement. Future Water Connection: Upon transfer of this property to any other person, or upon change in use of the real property, the ovvner, their successors or assigns, shall at their expense make connection to the City water system and pay all fees associated therewith. Failure to make the water connection will be grounds for discontinuance of City sewer service. 5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOI(UP OF THE SEWER LINE TO THE REAL PROPERTY: The hool<.up and assessment costs relative to the "Sewer System" connection shall be the responsibility of the " Sewer User". 6. ORDINANCE APPLICATION: The "Ordinance" and "PolicylRegulations" apply to the sewer service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "PolicylRegulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer User" is required to immediately submit an application for annexation of the "Real Property", whicn is a condition precedent to the "Sewer User's" eligibility for the "Real Property" sewer service connection fee within the City limit rates. The "Sewer User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue AGREEMENT FOR HOOI<UP TO THE CITY OF MERlDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 3 annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. S 50-222 or any amendments or recodification of said statute. 8. HOOI(UP AND SERVICE FEES: The charges for hool<.up, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "PolicylRegulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of sewer service to all users located on the real property covered by this agreement. 11.2 In the event of a default, vvritten Notice of Default shall be served and defaultin~party shall then have thirty (30) days after delivery of notice of default to correct the same before the non- defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer User" or "City" is delayed for causes AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS : WARREN B. AND JEANIE M. PEMBERTON/ - 4 ( which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. N"OTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do Meridian City Engineer City of Meridian 200 E. Carlton, Suite # 101 Meridian, Idaho 83642 PROPERTY OWNER: Warren B. and Jeanie M. Pemberton 940 S. Mustang Street Meridian, Idaho 83642 with copy to: City ClerIc City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be "granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 5 ( 14. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence vvith respect to each and every term, condition and provision her~of, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. IS. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent 0vvner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation or,the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. I~N ALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contaiI).ed herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer User" and "City", other than as are stated herein. Except as herein othelWise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOI<UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 6 (' 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. · AGREEMENT FOR HOOI<UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS .WARREN B. AND JEANIE M. PEMBERTON/ - 7 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. PROPERTY OWNERS WARREN B. PEMBERTON JEANIE M. PEMBERTON CITY OF MERIDIAN By: MAYOR ROBERT D. CORRIE ATTEST: WILLIAM G. BERG, JR., CITY CLERIC BY RESOLUTION NO. AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 8 ( STATE OF IDAHO, : ss. County of Ada On this day of , in the year 2000, before me, , a Notary Public, personally appeared Warren B. and Jeanie M. Pemberton, husband and wife, l<nown or identified to me to be the persons who executed the instrument, and aclmowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO, ) : SSe County of Ada ) On this day of , in the year 2000, before me, , a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., l<.nown or identified to me to be the Mayor and Clerl(, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. . (SEAL) Notary Public for Idaho Residing at: My Commission Expires: z:\ W or k\M\Meridian\1V1eridian 15360M\Pemberton Sewer Hookup\SewerHookupAgmt AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 9 ( EXHIBIT "A" Lot 15 in Block 2 of Locust View Heights Subdivision, according to the Official Plat thereof, filed in Book 24 of Plats at Page 1514, Official Records of Ada County, Idaho. Also known by the physical address of: 940 S. Mustang Street, Meridian, Idaho. AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS WARREN B. AND JEANIE M. PEMBERTON/ - 10 BRIGGS ENGINEE~_ .G, INC. 1800 West Overland Road Boise, Idaho 83705 Phone: 208.344.9700 Fax: 208.345.2950 Email: stevea@briggs-engineering.com LETTE.R OF TRANSMITTAL RECE1VBD DEe f 4 2000 Date: December 14, 2000 CITY OF MERIDIAN Project Name: The Lakes 8 & 9, Wilkins Village Project Number: 981016, 991001, 990412 To: Anita Overlin City of Meridian 33 E. Idaho Street Meridian Id. 83642 We are sending you: Number of Prints Dated Description 1 12/13/00 Letter of request for a Modification of the requirements for The Lakes 8 & 9 and Wilkins Village 1 11/26/99 Meridian Conditions of approval for the Lake at Cherry Lane No. 8 1 4/9/99 Meridian Conditions of approval for the Lake at Cherry Lane No. 9 .." yd{YiJ /2- /'14;~U These are transmitted as indicated below: For A roval For Your Information As ~ uested X For Review and Comment For Bids Due: A roved as A roved as ReM-ned for Price Resubmit for Remarks: Anita -------;/ C '1 fov~d , {1:- / -j/vJ 1 U (Lv ).- J (JY- , C _ CkcJ~ I~' . f A//'YV fJ}r~ ~ . - ~ · .~ ~p~{IJ ~~{4" ?~/0 Please lace The Lakes at Cher Lane No. 8 & 9 and Wilkins Villa e on the next Ci Council Meetin for discussion. additional information or a clarification of our re uest lease call me at Copy to: Stan McHutchison, File Signed: BRIGGS EN"-- ~ VEERING" Inc. ENGINEERS I PLANNERS I SURVEYORS 1800 West Overland Road Boisel Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail briggs@micron.net December 13, 2000: Mayor and City Council 33 East Idaho Street Meridian, Id. 83642 RE: Conditions of Approval for The Lakes at Cherry Lane No. 8 and No.9, and the Final Plat application for Wilkins Village Dear Mayor and City Council The Lakes at Cherry Lane NO.8 and NO.9 were both approved with the condition to provide a perimeter fence around both of the subdivisions. The conditions in question for both subdivisions state: . Permanent perimeter fencing is to be installed prior to applying for building permits (stated in Site Specific Requirement No. 2 The Lakes at Cherry Lane No.8, and Site Specific Requirement No. 3 The Lakes at Cherry Lane No.9). These two subdivisions have frontages on The Cherry Lane Golf Course. The applicant is requesting the requirement for perimeter fencing be deleted where the sites front the golf course. This is consistent with previous City approval (i.e., Ashford Greens and other phases of The Lakes at Cherry Lane). The applicant has submitted the final plat application for Wilkins Village for City review and approval. The applicant is also in the process of submitting a conditional use application for a temporary sales facility that will be located on Wilkins Village or the Lakes at Cherry Lane No. 9. The modular building is currently located on Wilkins Village. Planning and Zoning staff stated that the final plat application for Wilkins Village would not be processed until a conditional use application for the temporary sales facility is approved by the City Council. The process from submittal to approval for a conditional use application takes between 4 to 6 months. We are requesting that the final plat application is processed concurrently with the conditional use application so that the final plat will not be delayed for many months unnecessarily. Please place this item for discussion on your next available City Council meeting. L- Sincerely, Steve Arnold Project Manager/Land Use Planner HL'B OF TREA.5V"RE V-iLLEY ( .4. Good Plac~ [0 Li Vc " - ( CfTyT OF MERIDIA1~ \'byor ROBERT o. CORRIE LEG.-\L DEP..\RT:vtENT \ 2():)) 2S~-2JC)l) · F~.\ 2~~-250 1 City C011llcd \:lemoer~ PCBLIC \VORKS BUILDING DEP.-\RT:YIE1\T (208) 8S"7-2:?ll · F~x i)S"7-129- CHARLES ROL"~lREE GLfiNN BENTLEY RON .~I'lDERS01'\ KEITH BIRD 33 E~-\.ST IDA.HO \lERIDL-\N. ID.~HO 836.l~ (:~08) 888-+-+33 · F:.lX (208) 887 --!.S (3 PLANNING A~D ZONING City Clerk F3X (208) S8S-J.'21IDECET\TDD DEPART:YlE:'\iT j. " - y ~ {:OS) ~S~-55J-, · FJZ SS:.. i :9-:' NOV 2 6 1999 C.i t}- 0 f ~Ieri dia:r:N"overnber 26.. 1999 Clt}" Clerk Office . MEMORANDUIVI: To: From: Re: Mayor and City Council . Bruce Freckleton, Assistant to City En!2:ine~ Shari Stiles, P&Z Administrator f!i:&- Final Plat for THE Li\KE AT CHERRY LANE NO.8 SUBDIVISION - 13 Buildable Lots on 4.90 Acres in .An R-4 Zone by Steiner Development, Inc. We have reviewed this subminal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS With the exception of a lot being removed and proposed to remain as unplatted ground at this time, the final plat generally conforms to the approved preliminary plat. The applicant's preliminary plat included property that l:>elongs to the City of Meridian as part of the Cherry Lane Go If Course. The lots v.rithin this subdivision are subject to the golf course development fee. GENERAL REO UIREMENTS 1. ) ., .J. 4. .A..nyexisting irrigation/drainage ditches crossing the property to be included in this projec~ 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. 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. Coordinate fire hydrant placement with the City ofivleridian Public Vlorks Department. Make any corrections necessary to conform to the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering, and street names. 5. Please address, in written fom"'.., all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Friday, December 3, 1999. Submit three copies of the revised final plat map to the Public Works Department Lakc(~Ch~ Une3 m.QOC FP.99-O) I Mayor and City Council November 26, 1999 - Page :2 SITE SPECIFIC REQUIREMENTS o 3. 4. 5~ 6. 7. o rY\; I+e"c 11. 1. Applicant is to comply with ail terms and conditions of the preliminary plat. Submit detailed landscape and fencing plan for review and approval prior to signarure on the final plat. Coordinate details Vv1th City staff Permanent perimeter fencing is to be installed prior to applying for building permits. A letter of credit or cash will be required for the improvements prior to signature on the final plat. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sanitary sewer service to this site vvill be via the existing main that traverses through the development~ Vlater service to this site vvill be via extensions of existing mains installed in adjacent developments. .A.pplicant \Vill be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing Vlith the Public Works Department. InstalllOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. TypicallocatioDS are at street intersections and/or fire hydrants. All streetlights shall be installed at subdividers expense. A letter of credit or cash VIiJl be required for streetlights prior to signature on the final plat; streetlights are to be operable prior to applying for building permits. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system A letter of credit or cash will be required for these improvements prior to signature on the final plat. 7. All street signs, road base, streetlights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to applying for building permits. 8~ Change the year of platting to '"'2000". 9. Delete Note 9. A development agreement was not required at tbe time of annexation of this properry~ 10. Include a blow-up detaiL for clarification., of the east end ofW. Teter Street. Staffrec9mmends.tbat the lots be adjusted along N. Wbite Oak Avenue so a buildable lot can be .platted fOf.the area now shown as. unplatted. .../ --" . --- ./ Uk.d@CherrvLane3.ip.doc FP~99-0) I ,.::y t.,.... -.II'''.'.. .t . . _... _r....... _, .":It ,~~. ::'uc~ Q. STUAnt. \-Vater Worxs Suet. JOHN 7'. 5HA\NCRCFT. '/Vasce 'Nater ~~r.t. TOM KUNt:. ParkS & Mec. Dlrec~or /' DENNIS J. SUMMERS. ParKS Suot. \. SHARI l. STIL.=5. P So Z Acmlnlstrator KENNETH W. 80WERS. Fire ChIef 'N.L. ~8ILL. GORDON. Police Chlet WAYNE G. CROOKSTON. JR.. Actomey '-"............ -A... '-' ..L .1.. , ...I... -L..J .L "-..L...I.../ _..i.~ 1 ~ .\\..... I 'l ....'\1 'l U C :-i :::H'; ,'\J K=:ITH BIRD 33 EA.ST IDAHO ;V{ERID L-\!~~ ID.-\H 0 836--( Phone (208) 33S-W33 · FAX (2G8) 33:'- ~ ,3 Pubhe \VorkS/Buliding Dr:pmmt::l( C:!08) 3S-:- .22 Ii L;:g~1 Dc:pmmc:nt (203) 38..l-..l'26'; :l ~ -: C;OMMISSfC,"J iYIEIYIO R-\ND UIYI: ROBERT D. CORRIE ~IJyor JIM JOHNSON, Chalrma;: ,\..IALCOLM MACCOY KeITH BORUP SYRON SMITH .\lARK NELSON ,April 9 ~ 1999 To: Nfayor, City COW1cil Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, P&Z Administrator ;5.2; F fO m; Re; Preliminary Plat for THE LAKES AT CHERRY LA1'\fE NO.9 SUBDIVISION 44 Buildable Lots on 14e 78 ,Acres by Steiner Development, Ince We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council; GENERf\L REOUIRE1v1ENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 1l-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, Vlith vvritten confirmation of said approval submitted to the Public Works Departmente 2~ Any existing domestic wells and/or septic systems vvithin this project will have to be removed from their domestic service per Cit}' Ordinance Section 5-7-517e Wells may be used for noo- domestic purposes such as landscape irrigation. 3. Indicate on the final plat map any FElviA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundarye 4. Coordinate fire hydrant placement with the City of Meridian Pu!:>lic Works Department. 5. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision name, lot and block numbering, and street names~ Make any corrections necessary to conform. 6. Please address, in WTitten form, all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Tuesday, ..A.pril 13, 1999. Submit ten copies of the revised preliminary plat map to the City Clerk's office a minimum of one \veek prior to the hearing by the J:vferidian City CounciL ? p. 99-002 l.JJo:e at Cherry l.:1ne No9.ppÆ EXHIBIT "A" TO ORDER OF CONDITIONAL A-\PPRO\fAL OF FINAl PLAT -7 J o 8. 9. ?P-99-C05 :vfJ.yor 3l1d City Council .~pril9. 1999 PJ.ge :2 SITE SPECIFIC REOUIRE1VfENTS 1. If plat approval is recommended by the Planning & Zoning Commission, submit an application for variance for block lengths in excess of 1,000 feet, and for cul-de-sac length in excess of 450 feet Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. ..1\. letter of credit or cash will be required 'for the improvements prior to signature on the final plat. Permanent perimeter fencing is to be installed prior to applying for building pennits. Non- combustIble perimeter fencing is to be installed on the easement line of the Eight lYfile Lateral Coordinate details vtith City statE A letter of credit or cash for these improvements will be required prior to signature on the final plat. 4. Provide five-foot-Vv'ide sidewalks in accordance with City Ordinance Section 11-9-606.B. ). Sanitary sewer service to this site will be from and via an extension from the existing mainline that was installed in W. Moon Lake Drive as part of The Lake at Cherry Lane No.4 Subdivision. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing vvith the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 6. Water service to this site will be via an extension from the existing mainlines that were installed as part of The Lake at Cherry Lane No.4 and Ashford Greens Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing, ifrequired, are to be installed prior to obtaining building permits. Any proposed re-routing of the Eight Mile Lateral shall t>e done within the boundaries of this development and not on the Golf Course. Please sho\v how the existing Eight tvlile Lateral Easement will affect the lots in Block 1. Contmue pathway cOIlstruction along Eight :Lviile Lateral as proposed in related subdivisions. Applicant has not indicated \vhether the pressurized irrigation system Vlithin this development Uke:lt Cherry Lme No9.pp EXHIBIT ('A" TO ORDER OF CONDITIONAl APPROVAl OF FINAl PLAT ;V(3yor :md Ciry Council .-\pril 9. 1999 Page 3 is to.~be o\VTled and maintained by the Nampa & ivferidian Irrigation District or if it is their intention for the system to be o\VI1ed and maintained by the homeovmers association.. Please respond vvith your ownership plans for the pressurized irrigation system. 10. 1 OO-\vatt~ high-pressure sodium streetlights will be required at locations designated by the Public Works Department f\.l.l streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. II. Provide the city Attorney with prop'osed r~strictive covenants and or deed resttictions, or addendUIIL 12. l\t this point in time, there is no public right-of-way access adjacent to the westerly boundary of this proposed subdivision. Applicant is to coordinate with adjacent lando\\tl1er for the deducation of right-of-way and connection ofW. Moon Lake Drive to l\shford Greens. If this connection is not obtained, a 50-foot-radius culdesac would need to be provided at the westerly end of w~ Moon Lake Drive. Applicant should also coordinate with adjacent landowner to possibly include the 50-foot-wide unplatted piece of property to this subdivision. The aforementioned piece was a remnant left when the City needed additional area for the lift station. P P .99-1'..05 EXHIBIT "A" TO ORDER OF CONDITIONAL AAPPROVAl OF FINAl PLAT We 31 Cherry Lane :-to9.pp ** TX CONFI~( ON REPORT ** AS OF DEe 14 ( 39:56 PAGE. 01 CITY OF MERIDIAN 04 05 DATE TIME TO/FROM 12/14 09:55 PUBLIC WORKS 12/14 09:56 208 888 6854 MODE UF--S EC--S MIN/SEC PGS 00'19" 001 00'29" 001 CMDij STATUS 205 OK 205 OK -------------------------------------------------------------------------------------------- December 13, 2000: RECEIVED DEe 1 3 2006 CITY OF MERJDIAN CflY CLERK OFFJCE 1800 West Overland Road 8o~, Idaho 83705 - 3142 Voice (208) 344-.9700 Fax (208) 345-2950 E-mail briggS@mk:ron.net Mayor and City Council 33 East Idaho Street Meridian, ld. 83642 RE: Conditions of Approval for The Lakes at Cherry Lane No. 8 and No.9, and the Final Plat application for Wilkins ViJJage Dear Mayor and City Council The lakes at Cherry lane No. 8 and No.9 were both approved with the condition to provide a perimeter fence around both of the subdivisions. The conditions in question for both subdivisions state: · Permanent perimeter fencing is to be installed prior to applying for building permits (stated in Site Specific Requirement No. 2 The lakes at Cherry lane No.8, and Site Specific Requirement No~ 3 The lakes at Cherry Lane No_ 9). These two subdivisions have frontages on The Cherry lane Golf Course. The applicant is requesting the requirement for perimeter fencing be deleted where the sites front the golf course. This is consistent with preViouS City approval (Le.. Ashford Greens and other phases of The lakes at Cheny Lane). The applicant has submitted the final plat application for Wilkins Village for City review and approval. The applicant is also in the process of submitting a conditional use application for a temporary sales facility that will be located on Wilkins Village or the Lakes at Cherry Lane NO.9. The modular bUilding is currently located on Wilkins Village. Planning and Zoning staff stated that the final plat application for Wilkins Village would not be processed until a conditional use application for the temporary sales facility is approved by the City Council. The process from submittal to approval for a conditional use application takes between 4 to 6 months. We are requesting that the final plat application is processed concurrently with the conditional use application so that the final plat will not be delayed for many months unnecessarily. Please place this item for discussion on your next available City Council meeting. S;ncerely, Steve Arnold Project Manager/Land Use Planner BRIGGS ENGINEEJr fG, INe . 1800 West Overland Road Boise7 Idaho 83705 Phone: 208.344.9700 Fax: 208.345.2950 Email: stevea@briggs-engineering.com ( )1 ETTER O'F TRANSMITTAL RECEIVED DEe 1 4 2000 Date: December 14, 2000 CITY OF MERIDIAl\f Project Name: The Lakes 8 & 9, Wilkins Village Project Number: 981016, 991001, 990412 To: Anita Overlin City of Meridian 33 E. Idaho Street Meridian Id. 83642 We are sending Number of Pril 1 1 1 /l---14/~U pd6Lj .--------; C /'1 frv~ri ,1(/ .-} /vJ 1 C/J!.. eIL'!}.- J (1)r- , .. ,CkclL, I~~ ~ f l~/~ fJ) i: (}&L/~ (4 pe1u~ ~ v. ~ ~/ 4..,- JA~/v:J tL r{/~ . ! Modification of the requirements for Vilkins Village approval for the Lake at Cherry approval for the Lake at Cherry I These are transmitted as indicated below: For A roval For Your Information As R uested X For Review and Comment For Bids Due: A roved as Submitted A roved as Noted Refd-ned for Corrections Price Resubmit for A roval X Submit for Distribution Return Corrected Prints Return Corrected Prints Remarks: Anita Please lace The Lakes at Cher Lane No. 8 & 9 and Wilkins Villa e on the next Ci Council Meetin for discussion. additional information or a clarification of our re uest lease call me at Copy to: Stan McHutchison, File Signed: C?~J ~i7:f~r BRIGGS ENGINEEr-~G, INC. 1800 West Overland Road Boise, Idaho 83705 Phone: 208.344.9700 Fax: 208.345.2950 Email: stevea@briggs-engineering.com ( \. To: Anita Overlin City of Meridian 33 E. Idaho Street Meridian Id. 83642 LETTER OF TRANSMITTAL RECEIVBD DEe 1 4 2000 Date: December 14, 2000 CITY OF MERIDlAJ.'V Project Name: The Lakes 8 & 9, Wilkins Village Project Number: 98101~, 991001, 990412 We are sending you: Number of Prints Dated Description 1 12/13/00 Letter of request for a Modification of the requirements for The Lakes 8 & 9 and Wilkins Village 1 11/26/99 Meridian Conditions of approval for the Lake at Cherry Lane No. 8 1 4/9/99 Meridian Conditions of approval for the Lake at Cherry Lane No. 9 These are transmitted as indicated below: For A roval For Your Information As R uested X For Review and Comment For Bids Due: A roved as Submitted A roved as Noted Reftkned for Corrections Price Resubmit for A roval X Submit for Distribution Return Corrected Prints Return Corrected Prints Remarks: Anita Please lace The Lakes at Cher Lane No. 8 & 9 and Wilkins Villa e on the next Ci Council Meetin for discussion. additional information or a clarification of our re uest lease call me at Copy to: Stan McHutchison, File Signed: BRIGGS Ek~--'WEERING" Inc. ENGINEERS I PlANNERS I SURVEYORS 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208)345-2950 E-mail briggs@micron.net December 13, 2000: Mayor and City Council 33 East Idaho Street Meridian, Id. 83642 RE: Conditions of Approval for The Lakes at Cherry Lane No. 8 and No.9, and the Final Plat application for Wilkins Village Dear Mayor and City Council The Lakes at Cherry Lane No. 8 and No.9 were both approved with the condition to provide a perimeter fence around both of the subdivisions. The conditions in question for both subdivisions state: . Permanent perimeter fencing is to be installed prior to applying for building permits (stated in Site Specific Requirement No. 2 The Lakes at Cherry Lane No.8, and Site Specific Requirement No. 3 The Lakes at Cherry Lane No.9). These two subdivisions have frontages on The Cherry Lane Golf Course. The applicant is requesting the requirement for perimeter fencing be deleted where the sites front the golf course. This is consistent with previous City approval (Le., Ashford Greens and other phases of The Lakes at Cherry Lane). The applicant has submitted the final plat application for Wilkins Village for City review and approval. The applicant is also in the process of submitting a condition~1 use application for a temporary sales facility that will be located on Wilkins Village or the Lakes at Cherry Lane No. 9. The modular building is currently located on Wilkins Village. Planning and Zoning staff stated that the final plat application for Wilkins Village would not be processed until a conditional use application for the temporary sales facility is approved by the City Council. The process from submittal to approval for a conditional use application takes between 4 to 6 months. We are requesting that the final plat application is processed concurrently with the conditional use application so that the final plat will not be delayed for many months unnecessarily. Please place this item for discussion on your next available City Council meeting. Sincerely, Steve Arnold Project Manager/Land Use Planner HL'B OF TREASC'RE VJ..LLEY rC :~ Good Plac:: [0 Li Vc 0.- (~ITlT OF MERID IJ-,J. ~ \b;'or ROBERT 0 CORRIE LEGAL DE?:\RT:\tENT :2W{) :S~.:..lC){).. F:L\ 2~S-:.50i City CtJl1l\L:d .\'k:nnt;r~ PL'BLIC \VORKS BlJILO{NG DEP.-\RT)..lE;\"T 1:08) SS-:- .221 ( · F:.t,,< 3S-; - (29- CHARLES ROL i'oTRE:=: GlSNN BENTlEY ROi" A1'IDERSOi\ KEITH 8 [RD JJ E.~ST ID.-\.HO \(ERrDL-\.0~ IDA.HO 836~: (:o~:n 3SS-J.-l.:3 · F:.lx (208) 887 -48 t J PLANNING A~D ZONlNG City Clerk t=JX (20~) S3s-r~1!9ECET\TC1D DEPART:V{E~T J \.r - v J..2.J (:OS) :\S"':'.55J3 · F:lz SS7 -l 29"':" NOV 2 6 1999 C}ty' of (yreridian~ovember 26.. 1999 CIty Clerk Office . MEM 0 RAND Ul\tI: To: From: Re: Mayor and City Council . Bruce Freckleton, Assistant to City Emdne~ Shari Stiles, P&Z Administrator ~ Final Plat for TIlE LAKE AT CHERRY LANE NO.8 SUBDMSION - 13 Buildable Locs on 4.90 .A.cres in ..A..n R-4 Zone by Steiner Development, Inc. We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS \\/ith the exception of a lot being removed and proposed to remain as unplatted ground at this time, the final plat generally conforms to the approved preliminary plat. The applicant's preliminary plat included property that belongs to the City of Meridian as part of the Cherry Lane Golf Course. The lots vtithin this subdivision are subject to the golf course development fee. GENERAL REQUIREMENTS J 3. 4. 1. Any existing irrigation/drainage ditches crossing the property to be included in this projec~ shall be tiled per City Ordinance 11-9-605.M. Plans VIill need to be approved by the appropriate irrigation/drainage district, or lateral users association., YVith written confirmation of said appro val submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project VIill 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. Coordinate fire hydrant placement with the City ofivferidian Public \}/orks Department. Make any corrections necessarY" to conform to the Ada COoot\' Street Name Committee~s final .. .I .. approval letter for the subdivision name, lot and block numbering, and street names. ). Please address, in WTitten forrn,., all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Friday, December 3, 1999. Submi( three copies of the revised final plat map to the Public Works Department l..akd@Cho-ry L.Jn e3 b. rice FP.99-OJ I ( Mayor and City Counci November 26~ 1999 Page :2 SITE SPECIFIC REQUIREMENTS (7) .., .J. 4. ). 6. 7. 7. 8. 9. 10. o rY\ ; I+e.,c 11. FP .9:)..OJ ! 1. Applicant is to comply with all tenns and conditions of the preliminary pIaL Submit detailed landscape and fencing plan for review and approval prior to signarure on the final plat. Coordinate details Vlith City staff Permanent perimeter fencing is to be installed prior to applying for building permits. A letter of credit or cash vtill. be required for the improvements prior to signature on the final plat. Provide five-foot-vvide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sanitary sewer service to this site VIill be -via the existing main that traverses through the development. Vlater service to this site VIill be via extensions of existing mains installed in adjacent developments. Applicant \Vill be responsible to coIlStrUct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Warks Department. InstalllOO-watt, high-pressure sodium streetlights at locations designated. by the Public Warks Department.. Typical locations are at street intersections and/or fire hydrants. All streetlights shall be installed at subdividers expense. A letter of credit or cash will be required for streetlights prior to signature on the final plat; streetlights are to be operable prior to applying for building permits. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system.. A letter of credit or cash will be required for these improvements prior to signature on the final p1at~ All street signs, road base, streetlights, pressurized irrigation syste~ domestic water system (activated fire hydrants), and fencing are to be installed prior to applying for building permits. Change the year of planing to '~OOO". De lete Note 9. A deve 10 pment agreement was not required at the time 0 f annexatio n 0 f this property. Include a blow-up detaiL for clarification., of the east end ofw", Teter Street. Staffrec9mmends.tbat the lots be adjusted along N. White Oak. Avenue so a buildable lot can be'platted for,the area now shown as. unpl.aned. -'" -.... . -' /" L.U:.d@ChcrrvUne3.io.cioc / .:1,....'-"......- - ~ - - ....,.. ..~."-t- ""'UJI\.:t ....:lUL.-"i.... JOt-fN 7". 5hA\'VC~C.=:: Waste 'Nater Suct. rOM KUNl:. ?3l1<S 3. i=\~c. Olrec:o::-.- DENNIS J. SUMME~S. P3rxs sur SHAril l. STIL.=5. ,0 ~ Z ACmlnls:ral,-, KENNETH W. aow::F1S. ,=ire Ci'uef IN.'-. "SIL!... ~ GORDON. POlrce Chief INAYNE G. CROOKSTON. JR.. Anomey 33 EA.ST ID.-\.HO :'vIE RID L-\l'i . IDA H 0 8J,5-'.-' Phone (:OS) 33S ....:....:3.3 · FAX l :08) ( ; [] Pub i Ie \Vork.i/B ulidi n ~ Dcpmmc:l( (20~n J.)"7. 22 I i L:g::l1 Dc::pmmC:::l( (203) 38.1-..1:6..:. ;"~l 1 ., ':;II-tLJ :J \ ""7.,": C' r".\f..-lI S:); C ,'I iYIEiYI 0 ~-\ND UTYI: ROBERT D. CORR!E "'{Jyor JI.\1 "':OHNSCN. ':~alrrP.a.- .\I..\LC8L.\.1 ,\,IAC::OY KEITH SORUP 3YRCN SMITH ,"lARK NELSON .April 9 ~ 1999 To: iYfayor, City Council Bruce Freckleton, Assistant to Ciry Engineer ~ Shari Stiles, P&Z Administrator ~ Fro m: Re: Preliminary Plat for THE L.AKES AT CHERRY L..A.1'fE NO.9 SUBDIVISION 44 Buildable Lots on 14. 78 ,Acres by Steiner Development, Inc. We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REOillREi\1ENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, vvith written confirmation of said approval submitted to the Public Works Department. 2. f\ny existing domestic wells and/or septic systems vvithin this project vrill have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4. Coordinate fire hydrant placement with the City of Meridian Puplic Works Department. ). Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 12:00 noon Tuesday, April 13, 1999. Submit ren copies of the revised pteLiminary plat map to the City Clerkfs office a minimum of one \veek prior to the hearing by the ivferidian City Co unc iI. ?p.~ l.J.ke u Cherry l.u1e No9.pp EXHIBIT '4A" TO ORDER OF CONDITIONM ~~YrRO\/AL OF FINM PLAT --? .., o 7. 8. 9. ??-99-005 .~"-.. ....... -........... '-'I'": '-VUlJ......U :-\p ru 9. t 999 PJ.ge :: ( /+ t, SITE SPECIFIC REOUIREwtENTS 1. If plat approval is recommended by the Planning & Zoning Commission, submit an application for variance for block lengths in excess of 1,000 feet, and for cul-de-sac length in excess of 450 feet Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. A letter of credit or cash will be required for the improvements prior to signature on the final plat. Permanent perimeter fencing is to be installed prior to applying for building permits. Non- combustlble perimeter fencing is to be installed on the easement line of the Eight l\tfile Lateral Coordinate details with City staff ..A.. letter of credit or cash for these improvements will be required prior to signature on the final plat. 4. Provide five-foot-\Vide sidewalks in accordance with City Ordinance Section 11-9-606.B. ). Sanitary sewer service to this site will be from and via an extension from the existing mainline that was installed in W. iYIoon Lake Drive as part of The Lake at Cherry Lane No. 4 Subdivision. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 6. Water service to this site will be via an extension from the existing mainlines that were installed as part of The Lake at Cherry Lane No. 4 and khford Greens Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing \Vith the Public Works Department. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing, if required, are to be installed prior to obtaIDing building permits~ i.\ny proposed re-routing of the Eight 1vfile Lateral shall be done within the boundaries of this development and not on the Golf Course. Please sho\v how the existing Eight LvWe Lateral Easement will affect the lots in Block 1. Cominue pathway construction along Eight lvtile Lateral as proposed in related subdivisions. Applicant has not indicated \vhether the pressurized irrigation system vvithin this development u.xe J::t C1lcrry LIne No9.pp EXHIBIT ~'A1J TO ORDER OF CONDITION.Al A2PRO\/i-\l OF FINAL PLAT .Vl.......~........~ ...o...LJ.1...O. '-.,1,1,...... ,-VUJ.l1.-U .-\priJ.'9, 1999 Page J ( ( is to.~be ovmed and maintained by the Narnpa & iYferidian Irrigation District or if it is their intention for the system to be o\Vned and maintained by the homeov.mers associatiorL Please respond \vith your o\vnership plans for the pressurized irrigation system. 10. laO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividers expense. Typical locations are at street intersections and/or fire hydrants. 11. Provide the ciry Attorney with prop'osed r~strictive covenants and or deed restrictions, or addendum 11. ",:\t this point in time, there is no public right-of-way access adjacent to the westerly boundary of this proposed subdivision. Applicant is to coordinate with adjacent landovmer for the deducation of right-of-way and connection ofW. Moon Lake Drive to l\shford Greens. If this connection is not obtaine~ a 50-foot-radius culdesac would need to be provided at the westerly end of W. Moon Lake Drive. Applicant should also coordinate with adjacent landovvner to possibly include the 50-foot-wide unplatted piece of property to this subdivision.. The aforementioned piece was a remnant left when the City needed additional area for the lift station. ? p. W-i'.os EXHIBIT "A" TO ORDER OF CONDITIONM ;-~PPROV~i\l OF FINAL Pu\T L.Ue J..t C~arl L.ut: ;-io~ pp ** TX CONFrR~ATION REPORT ** ( AS OF DEe 14/- 1 09: 56 PAGE.01 ! i CITY OF- MERIDIAN 04 05 DATE TIME TO/FROM 12/14 09:55 PUBLIC WORKS 12/14 09=56 208 888 6854 MODE UF--S EC-S MIN/SEC PGS 00' 19" 001 00'29" 12101 CMDt:t STATUS 21215 OK 205 OK -------------------------------------------------------------------------------------------- December 13,2000: RECEIVED DEe 1 3 2000 CITY OF MERIDIAN ellY CLERK OFFJCE 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-.9700 Fax (208)345-2950 E-mglf briggS@mlcron.net Mayor and City Council 33 East Idaho Street Meridian, ld. 83642 RE: Conditions of Approval for The Lakes at Cherry Lane No. 8 and No.9, and the Final Plat application for Wilkins ViJJage Dear Mayor and City Council The Lakes at Cherry Lane No.8 and No.9 were both approved with the condition to provide a perimeter fence around both of the subdivisions. The conditions in question for both subdivisions state: · Pennanent perimeter fencing is to be installed prior to applying for building permits (stated in Site Specific Requirement No. 2 The Lakes at Cherry lane No.8, and Site Specific Requirement No.3 The Lakes at Cherry Lane No.9). These two subdivisions have frontages on The Cherry Lane Golf Course. The applicant is requesting the requirement for perimeter fencing be deleted where the sites front the golf course. This is consistent with previous City approval (Le.. Ashford Greens and other phases of The lakes at Cherry Lane). The applicant has submitted the final plat application for Wilkins Village for City review and approval. The applicant is also in the process of submitting a conditional use application for a temporary sales facility that will be located on Wilkins Village or the Lakes at Cherry Lane NO.9. The modular building is currently located on Wilkins Village. Planning and Zoning staff stated that the final plat application for Wilkins Village would not be processed until a conditional use application for the temporary sales facility is approved by the City Council. The process from submittal to approval for a conditional use application takes between 4 to 6 months. We are requesting that the final plat application is processed concurrently with the conditional use application so that the final plat will not be delayed for many months unnecessarily. Please place this item for discussion on your next available City Council meeting. S;ncerely. Steve Arnold Project Manager/Land Use Planner ~ 'L) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF DBSI ) INDUSTRIAL, FORA VARIANCE ) TO PLACE A 23-FOOT 3-INCH ) BY IO-FOOT INTERNALLY ) ILLUMINATED ELECTRIC ) PYLON SIGN IN AN ) UNDEVELOPED PART OF THE ) INDUSTRIAL TECHNICAL PARI( ) FOR DBSI INDUSTRIAL, ) LOCATED AT 920 w. ) OVERLAND ROAD, MERIDIAN, ) IDAHO ) C/C 12-05-00 V AR-OO-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on December 5, 2000, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby lnal(e the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10 ORDER OF DECISION GRANTING A V ARlANCE / V AR-OO-024 DBSI INDUSTRIAL ( FINDINGS OF FACT I. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4,1994 and Maps. 2. The requirements of Idaho Code SS 67-6509,6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Lytle Signs, Inc., whose address is PO Box 305, Twin Falls, Idaho 83303. 4. The owner of the property is DBSI Industrial, whose address is 1070 Curtis Suite #270, Boise, Idaho 83706. 5. The location of the subject property is presently located in the Light Industrial District (I-L) zone, and which subject property is located at 920 w. Overland Road, Meridian, Idaho 83642. 6. The legal description of the property is described as follows: A parcel 'of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 N, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a 5/8" pin marking the South quarter comer of said Section 13 and the POINT OF BEGINNING; thence North 00011'52" (formerly shown as North 00000'00") East 547.89 feet along FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL / \ the East line of said Southwest quarter of Section 13; thence leaving said East line North 90000'00" West 578.50 feet; thence South 00006'51 " West 542.31 feet to the South line of said Southwest quarter of Section 13, said line also being the centerline of Overland Road; thence South 89026'27" East 577.68 feet along said South line to the POINT OF BEGINNING; EXCEPT that portion situated in the Overland Road right-of-way. 7. The present land use of subject property is presently zoned Light Industrial (I-L), and which subject property is partially developed and partially undeveloped. 8. The proposed land use of subject property is to develop an industriaVtechnical park. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets,. proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, S 11-14-3 F., PROHIBITED SIGNS, OFF-PREMISES SIGNS, and in the I-L zone it provides as follows: 11-14-3 F.: PROHIBITED SIGNS: A. The tacking, pasting, or otherwise affixing of signs of a miscellaneous FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL ( character and visible from a public way and located on the walls of buildings, barns, sheds or on trees, poles, posts, fences, or other structure; B. On-premises business signs that advertise an activity, business, product, or service and which are no longer conducted or available on the premises on which the sign is located; c. Signs placed on any curb, sidewalk, post, pole, hydrant, bridge, or tree except official public notices as posted by a public officer; D. Signs which are placed in any public right of way except publicly-owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parldng on private property but bear no advertising matter; E. Signs which restrict vision within any public right of way; F. Off-premises signs; and G. Flashing lights or strobe lights of any color. II. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance there are none that apply. 13. The minimwn requirements of the ordinance that need to be reduced to pennit the proposed use would be the elimination of the requirement for being off- prenuses. 14. TI.-le difficulty or hardship which would result if the requirements of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL ( ordinance were applied to the subject property: there are none. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that the entire parl<- is not yet developed. However, a few businesses will be opening in the near future and have requested freeway exposure for their business. Other developments have acquired similar permits to expose their businesses to the public by utilizing off-premise freeway signs. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the provisions of the Ordinance if applied, the proposed location of this .sign is in a section of the industriaVtechnical parl<. that DBSI has just started to develop, and the parcel of land that this sign will occupy is currently vacant and undeveloped. 17. The existence of.special circumstances or conditions affecting the property is that the circumstances of the property are that the freeway side of this property was divided so that this particular section of land did not have to be developed until construction was started, and so that the new tenants could utilize freeway exposure. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL ( ( 19. The Comprehensive Plan for the I-L District is to provide for light industrial development and opportunities for employment for Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smolce or glare and that are operated entirely or almost entirely withi11 enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing faciliti~s and relationship to other land uses. 20. The variance would allow the applicant to maximize the most efficient use of the land and maximizing the landscaping with the usage. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL vanance. 24. The proposed sign meets the requirements of the pending Sign Ordinance, which is scheduled for presentation to the City Council. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance pennits. 2. The City of Meridian has exercised its authority of Idaho Code S 67 -6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code SS 67-6509, 6516 and Meridian City Code ss 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code s 11-18-2, and the findings which are required are set forth in Meridian City.Code S 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL .' '" ( In extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent developlnent, or other physical conditions or other conditions that mal(e strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Developlnent Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, ~ 11-14-3 F., PROHIBITED SIGNS, OFF- PREMISES SIGNS, and in the I-L zone if granted the re-zone, provides as follows: 11-14-3:F.: PROHIBITED SIGNS: A. The tacldng, pasting, or otherwise affixing of signs of a miscellaneous character and visible from a public way and located on the walls of buildings, barns, sheds or on trees, poles, posts, fences, or other structure; B. On-premises business signs that advertise an activity, business, product, or service and which are no longer conducted or available on the premises on which the sign is located; c. Signs placed on any curb, sidewall(, post, pole, hydrant, bridge, or tree except official public notices as posted by a public officer; D. Signs which are placed in any public right of way except publicly-owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parl<ing on private property but bear no advertising Inatter; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL ( ( E. Signs which restrict vision within any public right of way; F. Off-premises signs; and G. Flashing lights or strobe lights of any color. DECISION AND ORDER 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: I. That the Applicant is hereby granted a variance from the Sign Ordinance to place a 23-foot 3-inch by 10-foot internally illuminated electric pylon sign in an undeveloped part of the industriaVtechnical park for DBSI Industrial, as detailed in the site plan submitted with the variance application. NOTICE OF FINAL ACTION Please ta](e 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 person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Sign Requirements in the 1- L Zone as provided in the'Section 11-14-3 F. and may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL ( ( By action of the City Council at its regular meeting held on the ~ce~~ Iq~day of , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED$t.- COUNCILMAN ICEITH BIRD VOTED~ VOTED 4'''- VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS ----- MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: /2-(9-00 MOTION: APPROVED:~~ DISAPPROVED: B Dated: /2 -(9-tJO msg/Z:\ W ork\M\Meridian \Meridian 15360M\DBSI Industrial V AR021 \FfClsGrantV ariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10 ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-024 DBSI INDUSTRIAL /- { ! .-'- , / ( w z*oo ~ 0 et:: 0 Z ~ 0:: w > 0 ~ Q) (1) u. UJ 0 U 0 It) z ~ On. ~< t;~ ~ ~~ CO 0 I 0 w- N ZZ ~ 0::0 W> --0 .... f/) W 0 ~ 0 0') o o CD o o r') o Evla,./"i/ It A II / o o M ( December 14,2000 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Waterline Easement from Ed Bews December 19,2000 ITEM NO. G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached (fJ~ turr ()~ ~~~.L; J ~) Contacted: Date: Phone: Materials presented at pubUc meetings shaH become property of the City of Meridian. City of Meridian Public Works Dept. ( Memo To: Mayor Corrie From: Brad Watson, P .E. CC: File, Gary Smith, PE, Shelby Ugarizza Date: 12106/00 Re: Waterline Easement from Ed Sews (fen Mile Road, from McMillan Road south to % comer) I am forwarding the following document, a signed water line easement from Ed Sews, for City Council acceptance and approval on its consent agenda at its December 19,2000 meeting. The easement is necessary because the water line will not be in the existing Ten Mile Road right-of-way but will be in the future right-of-way to be dedicated when development occurs along the east side of Ten Mile Road. The existing pressure sewer from the WVVfP to the Boise River is located in the standard water corridor causing this non-standard water line location. Please contact me if you have any questions~ Thank you. p~ From the desk of. . Brad Wabon, P.E. Assistant City Engineer Meridian Public Works Department 200 E. Carlton ~ Suite 100 Meridian, Idaho 83642-2600 . Page 1 (208) 887-2211 Fax: (208) 887-1297 watsoob@}ci.meridian.id.us ._ GRANT OF WATERUNB BASEMENT THIS GuJl uF EASEMENT is made this 1/D ~iy of 1urJ , 2000, by and betwe~ Edward L. Bews and Shirley Bcws, husNnd and wet their heirs and assigns, hereinafter ref~ed to as tfGrantors," and is given to and accepted by the City of Meridian, IdAho. her~ referred to as -Grantee;" WITNESSE1H: WHEREAS, the Grantors and Grantee each desire to provide for installation of a domestic waterline: through a portion of the Grantors' property, which property is more partlcularly desaibed on Exhibit H A7f attAched hereto. and is hueinafter rrfOT~d to as the "easement corrldor;" and WHEREAS, the waterline will be: initially constructed by the Grantors and thereafter maintained and serviced a.s needed from time to time by the Grantee; NOW, THERBFORE1 in consideration of the mutual benefits to both Grantors and Grantee, the parties each accept the fono"YVing conditions of this grant: 1. Grantors hereby give, grant and convey unto the Grantee a right-of-way and easement \vithhl. the easan~t conidor for uses and purposes set forth in this grant, but for no other purposes. . 2. The grant of right-of-way is for the purpose of operating a domestic waterline and its allied operating facilities in the ea.scm.ent corridor. The grant of e.as~ent is for the right to maintain, repaIr and replace parts of th~ waterline ?!hen necessary, including a right of access to the easement corridor to accomplish these purposes. 3. The Grantee. shall e.xercise its duty of maintenance, repair and replacement of the '\va.terlill:e expeditiously and with due care to the Grantors' property; but shall not be responsible for repairing, replacing or restoring any structures or landscaping that have been placed within the easement corridor. 4. The Grw.\tee shall not place, or pennit others to place I any other type of utility service, operations or structures "Within th~ easement corridor. IN VVlTNESS VYHEREOF, Grantors Edward L. Bews and Shirlt:y Bcws have hereunto subscribe.d their signatures the day and year first herein above written.. . WATERLINE EASE:MEl'rf - Page 1 ;' ( , THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatur s the day and year first herein above written. ~,.- Owner Signature Approved by City Council on: JfJ// g;~, Owner ./ Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk STATE OF IDAHO) ) ~ County of Ada ) On this 7/1 ~y of tJ;VJ!i.l Hue , 2cP() , before me, the UJld<:r.lift2,Jl ~wY Public in and for said State, personally appeared Edward L. Bews~b or {dln~med to me to be the owners that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand alld affixed my official seal the day and year fist above written. / ,,/ /' 1.,alll'..",; ,,~ *'.t; '\,,," r l\. L. B 0 t)-:#-#. ~~...:>-~v e~..&e.. 0/ r\. ...~ ~ V GP Oe, \..~. .. ~ ~ Q' :t t/. ,. ~ _c,.~,~ ~A 9el ~ - ::: ~ 0'8 ~Ol .R.l~ a..;\': :~: ~ .r ~ : UI -$ ~~4%iD 0 . :;\~~~ :*: "'" :j b \C 12 .. 't:. '~~ 4. U B f1..J ..." O}tIfJ ~ t~~, f.r.. ;::~'J, a(t..o 1 V. /'\ .')~i.::! ~l'4 ,'(~... ~ ~-;. / j '" ''" ?' ~ -c:a +- I) we'\.,>- ... q~ < . -..,.... --(1 ~ ~,.". $'11~ ~..::!. 0 G ~ V 10>"~ 1!3'*e 1 ~,ta'~ Waterline Easement ',~giQ! 990304\EASMT. W A TER.mer.Bews.doc 4 AR Y PUBLlC FOR .IDAHO R 'do t:j) \1 ~ eSl mgat ~ ~ Commission Expires: 7j- It> 6- / Page 2 / \ DESCRIPTION FOR TEN MILE WATERLINE EASEMENT NW 114 SECTION 35 PORTION November 10, 2000 An easement located in the NW % of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as tallows: Commencing at the northwest corner of Section 35, T. 4N., R. 1W., 8.M.; Thence S 0053'19" W 25.00 feet along the west line ot said NW X to a point; Thence S 88058'19" E 25.00 feet to the intersection ot the easterly right-at-way of Ten Mile Road and the southerly right-at-way of McMillan Road, the REAL POINT OF BEGINNING of this description; Thence S 0053'19" W 2,605.96 feet along said easterly right-at-way to a point on the south line of said NW %; Thence S 89008'53" E 23.00 feet along said south line to a point; Thence N 0053' 19" E 2,605.88 feet to a point on the southerly right-af-way of McMillan Road; Thence N 89010'54" W 23.00 feet to the REAL POINT OF BEGINNING of this description. Michael E. Marks, PLS - No. 4998 990304\waterline ease NW.des C 't..l-/ /{3 / r 4 .~~_._~~._._.~._.~._~_.~._.~~~.~~_. ,----------- I I I J I I . I L_-"l 23' WATER LINE EASEMENT . . I I I I , , I . I N. o < o 0::: WEST 1/2 NW 1 /4, SECTION 35, T4N, R1 W SHEET 1 OF 1 EY-HIC> II 6 TEN MILE LINE EASEMENT PERMANENT WATER LINE OPERATION & CONSTRUCTION EASEMENT NW 1/4 SECTION 35, T.4N., R.1W., S.M., ADA COUNTY, IDAHO DESIGN DRAFT SCALE DA TE DWG.NO. MEM N TS 11/9/2000 990304 REVISION 100$ ENGINEERING, JNC. (~) 990304WA TE2 (20B)3~ ~ -9700 IBOO \/. OVERLAND ROAD BOISE, IDAHO 83705 i ' Meridian City Council Agenda December 19, 2000, at 7:30 P.M. City Council Chambers Roll-Call: x X Tammy deWeerd X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bird CONSENT AGENDA A. Approve minutes of December 5, 2000, Special Pre-Council Meeting: Tabled to January 2, 2001 B. Approve minutes of December 5,2000, City Council Meeting: Tabled to January 2, 2001 c. Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by T ouchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to February 20, 2001 D. Findings of Facts and Conclusions of Law: V AR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSllndustrial - NWC of Stoddard and Overland Roads: Approve E. Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue: Approve F. Beer, Wine and/or Liquor Renewals for 2001: Approve G. Waterline Easement from Ed Bews: Approve H. Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road: Approve - Resolution No. Meridian City Council Agenda -December 19, 2000 Page1of3 All materials presented at pubtic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. i ) I. Development Agreement: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Approve - Resolution No. REGULAR AGENDA 1. (Items moved from Consent Agenda) 2. Tabled from December 5, 2000: Ordinance No. : Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course: Tabled to January 2,2001 3. Tabled from December 5,2000: Ordinance No. Ordinance: Tabled to January 16, 2001 Sign 4. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Tabled to January 2, 2001 5. Ordinance No. 899: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker I Gold River Companies,. Inc., for proposed Valeri Heights Subdivision at the northeast corner ofW. Pine Avenue and N. Ten Mile Road: Approve 6. Public Hearing: RZ-OO-005 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20,2001 7. Public Hearing: CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 5.f. retail commercial building, four fuel stations with a kiosk and 10,500 5.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20, 2001 8. Public Hearing: AZ-OO-018 Request for Annexation and Zoning of 34.84 acres to R..8 for a church and vacant land by Valley Shepherd Church of the Nazarene - Meridian Road south of Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval ~dian City Council Agenda -December 19, 2000 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. \.~ 9. Public Hearing: RZ-OO-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - East Franklin Road and Baltic Place: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. Public Hearing: PP-OO-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7~88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller InvestmentlGlenco - northwest corner and northeast corner of SE 5th and Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. Public Hearing: RZ-OO-007 Request for Rezone of 6.95 acres from L-Q to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Withdrawn 12. Public Hearing: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemtone Center No.4- west of Eagle Road and south of Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. Water, Sewer and Trash Delinquencies: Approve 14. Department Reports: A. Public Works Director - Gary Smith: 1. Meridian Transportation Task Force Committee Report: Approve amended priority list 2. Building Lease - Public Works I Building I Planning & Zoning: Approve lease with William H. Hon 3. Change Order No. 4 by Turnkey Construction for the Digester Project: Approve B. City Attorney - Bill Nichols: 1. Financing of Police Station: Approve to proceed Meridian City Council Agenda -December 19, 2000 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. AAyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerl<s Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Agenda December 19,2000, at 7:30 P.M. City Council Chambers Roll-Call: X Tammy deWeerd i Cherie McCandless =:x=.Ron Anderson =X=Keith Bird X Mayor Robert Corrie CONSENT AGENDA A. Approve minutes of December 5, 2000, Special Pre-Council Meeting: Tabled to January 2, 2001 B. Approve minutes of December 5,2000, City Council Meeting: Tabled to January 2, 2001 C. Tabled from November 8,2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to February 20, 2001 D. Findings of Facts and Conclusions of Law: V AR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSllndustrial - NWC of Stoddard and Overland Roads: Approve E. Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue: Approve F. Beer, Wine and/or Liquor Renewals for 2001: Approve G. Waterline Easement from Ed Sews: Approve H. Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road: Approve - Resolution No. rv1eridian City Council Agenda -December 19, 2000 Page 1 ci3 All materials presented at public meetings shall become property of the City of l\Aeridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerl<s Office at 8S8-4433 at least 48 hours prior to the public meeting. I. Development Agreement: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Approve - Resolution No. REGULAR AGENDA 1. (Items moved from Consent Agenda) 2. Tabled from December 5, 2000: Ordinance No. Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course: Tabled to January 2,2001 Tabled from December 5,2000: Ordinance No. Ordinance: Tabled to January 16, 2001 4. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14~93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Tabled to January 2, 2001 3. Sign 5. Ordinance No. 899: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Approve 6. Public Hearing: RZ...QO-005 Request for Rezone of 10.04 acres from R..8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20, 2001 7. Public Hearing: CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 s.f. retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20, 2001 8. Public Hearing: AZ-GO-018 Request for Annexation and Zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene - Meridian Road south of Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Meridian City Council Agenda -December 19, 2000 Page 2 of 3 AU materials presented at public meetings shall becoo1e property ci the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( 9. Public Hearing: RZ-OO-O06 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - East Franklin Road and Baltic Place: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. Public Hearing: PP-OO-019 Request for Preliminary Plat approval of 13 building tots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller InvestmentlGlenco - northwest corner and northeast corner of SE 5th and Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11~ Public Hearing: RZ-OO-O07 Request for Rezone of 6.95 acres from L-O to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Withdrawn 12. Public Hearing: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemtone Center No.4- west of Eagle Road and south of Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. Water, Sewer and Trash Delinquencies: Approve 14. Department Reports: A. Public Works Director - Gary Smith: 1. Meridian Transportation Task Force Committee Report: Approve amended priority list 2. Building Lease - Public Works I Building I Planning & Zoning: Approve lease with William H. Hon 3. Change Order No. 4 by Turnkey Construction for the Digester Project: Approve B. City Attorney - Bill Nichols: 1. Financing of Police Station: Approve to proceed Meridian City Council Agenda -December 19, 2000 Page 3 of 3 AU materials presented at public meetings shall becane property of the City of f\I1eridian. Anyone desiring accommodation for disabHities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ( Meridian City Council Agenda December 19, 2000, at 7:30 P.M. Roll-Call: City Council Chambers X. Tammy deWeerd ~Cherie McCandless =6=.Ron 8J1derson ~Keith Bird ~Mayor Robert Corrie CONSENT AGENDA A. Approve minutes of December 5, 2000, Special Pre-Council Meeting: /7L/~ ~ j.-:2-0( Approve minutes of D<<itcember 5, 2000, City Council Meeting: ~/;rte ~ 1-2-01 Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: _ ~ ~ 2,-2e;J-O! Findings of Facts and Conclusions of Law: VAR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSllndustrial - NWC of Stoddard and Overland Roads: a,l;fPY'lO~ Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue: ~J3P}'1? v..e, Beer, Wine and/or Liquor Renewals for 2001 : a,p J?Y19 VLe- Waterline Easement from Ed Bews: ap ~VLe- Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road: · u CVfI'Yl? ~ ~e retw{n7~ Development Agreement: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: evpfJY"9 1M:- ~eM.t-vh' ~ Jd fv1eridian City Council Agenda -December 19. 2000 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publiC meeting. B. c. D. E. F. G. H. I. REGULAR AGENDA 1. (Items moved from Consent Agenda) 2. Tabled from December 5, 2000: Ordinance No. Steiner Development and the City of Meridian Land Swap at The lakes at Cherry Lane No.8 and Cherry Lane Golf Course: ~,t0L ttnvh 1 1- 2--01 Tabled from December 5, 2000: Ordinance No. Sign Ordinance: '~6f-e ?~'l 1--( 6.--0/ Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: -h~~~ ~ 1-2--CJ( Ordinance No. tJ r 1 : AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: ~f?PY'O V'd2./ Public Hearing: RZ-OO-O05 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: ~~ PIt-! 10 2-2{J~OI Public Hearing: CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 s.f. retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: (!AnvhVt~ fJ/;,f Iv 2-20-tl ( Public Hearing: AZ-OO-018 Request for Annexation and Zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene - Meridian Road south of Overland Road: a'~11v ~jPQA.e /11' -I e/.f!..-, Public Hearing: RZ-OO-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - East Franklin Road and Baltic Place: IV -J ;" JJ a~lf /-0 ~ f1 tbUC- f {'E "t C --(.. Public Hearing: PP-OO-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investment/Glanco - northwest corner and northeast corner of SE 5th and 9verlar}d Road: af~tj-, -(-z? f^-€ /' ~~ -f I fie II!. ~ian City Council Agenda -December 19, 2000 Page 2 of 3 All materials presented at public meetings shall beconle property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 3. 4. 5. 6. 7. 8. 9. 10. 11. Public Hearing: RZ-OO-007 Request for Rezone of 6.95 acres from L-Q to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Plcc..ej//'CQt/-.L tfJlr-Jut1..C"~ 12. Public Hearing: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemtone Center No.4- west of Eagle Road and south of Fairvi,ew Avenue: /t.~ ro rfJ~ -/,I;::~ c;/-f..- 13. Water, Sewer and Trash Delinquencies: CtJ77YV~ 14. Department Reports: A. Public Works Director - Gary Smith: 1. Meridian Transportation Task Force Commi~~e Report: ~t'f'riJv.u p(~d<-.d..,- jJh"irnf;J 11# 2. Building Lease - Public Works / Building I Planning & Zoning: fV/l/la~ /J-~ H&rv CVj7JJ rL?V~ 3. Change Order No. 4 by Turnkey Construction for the Digester Project: d/~V~ 13. 11-!hnn.LtJ - /5/// ;f/'c/~s : (~ Flh~c;'h? of' jJo/lcz J~h~ tt.-pfJ n? I'~ /0 pvo cz d L Meridian City Council Agenda -December 19, 2000 Page3of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publiC meeting. ( Meridian City Council Agenda December 19, 2000, at 7:30 P.M. City Council Chambers Roll-Call: x X Tammy deWeer~ X Ron Anderson X X Mayor Robert Corrie Cherie McCandless Keith Bird CONSENT AGENDA A. Approve minutes of December 5, 2000, Special Pre-Council Meeting: Tabled to January 2,2001 B. Approve minutes of December 5, 2000, City Council Meeting: Tabled to January 2, 2001 C. Tabled from November 8, 2000: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Tabled to February 20, 2001 D. Findings of Facts and Conclusions of Law: V AR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSI Industrial - NWC of Stoddard and Overland Roads: Approve E. Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue: Approve F. Beer, Wine and/or Liquor Renewals for 2001: Approve G. Waterline Easement from Ed Bews: Approve H. Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road: Approve - Resolution No. Meridian City Council Agenda -December 19, 2000 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's . Office at 888-4433 at least 48 hours prior to the public meeting. ( I. Development Agreement: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Approve - Resolution No. REGULAR AGENDA 1. (Items moved from Consent Agenda) 2. Tabled from December 5, 2000: Ordinance No. Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No.8 and Cherry Lane Golf Course: Tabled to January 2,2001 3. Tabled from December 5, 2000: Ordinance No. Ordinance: Tabled to January 16, 2001 Sign 4. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Tabled to January 2,2001 5. Ordinance No. 899: AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker I Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Approve 6. Public Hearing: RZ-00-005 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20,2001 7. Public Hearing: CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 s.f. retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Continue public hearing to February 20, 2001 8. Public Hearing: AZ-OO-018 Request for Annexation and Zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene - Meridian Road south of Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval Meridian City Council Agenda -December 19, 2000 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Public Hearing: RZ-OO-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - East Franklin Road and Baltic Place: Attorney to prepare Findings of Facts and Conclusions of Law for approval 10. Public Hearing: PP-OO-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No.4 by Scott-Fuller Investment/Glenco - northwest corner and northeast corner of SE 5th and Overland Road: Attorney to prepare Findings of Facts and Conclusions of Law for approval 11. Public Hearing: RZ-OO-007 Request for Rezone of 6.95 acres from L-O to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Withdrawn 12. Public Hearing: V AR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemtone Center No.4- west of Eagle Road and south of Fairview Avenue: Attorney to prepare Findings of Facts and Conclusions of Law for approval 13. Water, Sewer and Trash Delinquencies: Approve 14. Department Reports: A. Public Works Director - Gary Smith: 1. Meridian Transportation Task Force Committee Report: Approve amended priority list 2. Building Lease - Public Works / Building / Planning & Zoning: Approve lease with William H. Hon 3. Change Order No. 4 by Turnkey Construction for the Digester Project: Approve B. City Attorney - Bill Nichols: 1. Financing of Police Station: Approve to proceed Meridian City Council Agenda -December 19, 2000 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Meridian City Council Meeting December 19. 2000 The Meridian City Council meeting was called to order on Tuesday, December 19, 2000, at 7:30 p.m. by Mayor Robert D. Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird Others Present: Shari Stiles, Gary Smith, Bill Gordon, Bill Nichols, Will Berg Corrie: I want to welcome all of you here tonight especially Troupe 166. Glad to have you fellows here. Hopefully you can get a civic lesson. We will have the Consent Agenda, and I will tell everyone in the audience what has taken place tonight. Some of the items are going to be tabled, and I will give you those items and we will begin the regular meeting at that point. Council, you see the consent agenda what is your pleasure on that? Item A. Item B. Item c. Item D. Item E. Item F. Item G. Item H. Approve minutes of December 5, 2000, Special Pre-Council Meeting: Approve minutes of December 5,2000, City Council Meeting: Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi- family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84: Findings of Facts and Conclusions of Law: VAR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSllndustrial - NWC of Stoddard and Overland Roads: Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue: Beer, Wine and/or Liquor Renewals for 2001 : Waterline Easement from Ed Sews: Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road: Meridian City Council Meeting ( December 19,2000 Page 2 ( Item I. AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On our Consent Agenda the minutes for the December 5 Pre-Council meeting and the December 5 regular City Council meeting should be tabled until January 2, 2001; Item C, which is the Findings of Facts and Conclusions of Law for Touchmark Living, they would like that tabled until February 20, 2001. With that taken care of, I move that we pass the Consent Agenda as stated. Anderson: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda with Items A, Band C. Item A and B to be corrected and voted on the first meeting in January, and Item C tabled until February 20, 2001. Any further discussion? Hearing none, roll-call vote please. Berg: Thank you Mr. Mayor, members of the Council, roll-call vote. Anderson: aye; De Weerd: aye; Bird: aye; McCandless: aye MOTION CARRIED: ALL AYES. Item 2. Steiner Development and the City of Meridian Land Swap at the lakes at Cherry lane No.8 and Cherry lane Golf Course: Corrie: Now if you will notice on the regular agenda the correction that will be Item No. 2 which is the ordinance for the Steiner Development and the City of Meridian Land Swap that will be tabled until January 2 the first meeting in January. Item 3. Sign Ordinance: Corrie: Item No.3 is an ordinance on the Sign Ordinance that will be tabled until the 16 of January. Item 4. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Meridian City Council Meeting < ( December 19, 2000 ' Page 3 / 1\ Corrie: Item No.4 has asked to be tabled until January 2 first meeting in 2001. Item 6. Item 7. RZ-OQ-005 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 s.f. retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Corrie: Item No. 6 and 7, that is the Linder Crossing the rezone and also the conditional use permit. The letter has been sent to the Council asking that to be tabled until February 20, 2001. Item 11. RZ-OO-007 Request for Rezone of 6.95 acres from L-Q to C-G for the proposed Mallane Commercial Complex by the Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Corrie: Then we also have a letter from Mallane Commercial Complex that they wish to withdraw by letter for the request for rezone. So that will not be heard; it is being withdrawn. Corrie: We are adding under department reports Item B. We w'ill have a discussion on the police building and the financing of that as well. With that being said you are all welcome to stay, if you are here for one of those in particular they will all be tabled. Item 2. Steiner Development and the City of Meridian Land Swap at the Lakes at Cherry Lane No.8 and Cherry Lane Golf Course: Corrie: Council, we will be on Item No. 2 this was tabled from December 5, 2000. It was an ordinance of Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No. 8 and Cherry Lane Golf Course. As I have stated it has been requested to be tabled until January 2, 2001. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion then that we table this item until January 2, 2001. Meridian City Council Meeting ( December 19, 2000 Page 4 ( Bird: Second. Corrie: Motion has been made and then seconded to table Item No. 2 until January 2, 2001. Any further discussion? Hearing none, all those in favor of the motion say aye. De Weerd: Mr. Mayor. Corrie: Mr. de Weerd. De Weerd: I abstain from voting on that issue. Corrie: Let the record show that we have one abstain and three ayes. MOTION CARRIED: THREE AYES, ONE ABSTAINED Item 3. Sign Ordinance: Corrie: Item No. 3 is tabled from December 5 it was an ordinance of the Sign Ordinance and that has been requested to be tabled until January 16, 2001. De Weerd: Mr. Mayor. Corrie: Mr. de Weerd. De Weerd: I move that we table Item No.3 for the Sign Ordinance to January 16. Bird: Second. Corrie: Motion has been made and seconded to table the ordinance of Sign Ordinance until January 16, 2001, meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 4. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Corrie: Item No. 4 is a table from the December 5 meeting it is a final plat of Autumn Faire Subdivision No.1, that has also been requested to be tabled until the first meeting in January, which would be January 2, 2001. Bird: Mr. Mayor. Meridian City Council Meeting ( December 19,2000 Page 5 ;' { Corrie: Mr. Bird. Bird: I move that we table the final plat for the 47 building lots by Autumn Faire Subdivision No.1 by Gem Star Properties, LLC until January 2, 2001. Anderson: Second. Corrie: Motion has been made and seconded to table the Final Plat 00-020 until January 2, 2001, meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 5. AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road: Corrie: Item No. 5 will be Ordinance No. 899. This is a request for annexation and zoning of 12.73 acres from RT to L-O and R-15 zoned by Vicki Welker, Gold River Companies, Inc., from proposed Valeri Heights Subdivision at the northeast corner of West Pine Avenue and North Ten Mile Road. At this time I will ask the City Clerk to read Ordinance 899 by title only at this time. Berg: Thank you Mr. Mayor, members of the Council, Ordinance No. 899: An ordinance finding that certain land to be known by Valeri Heights lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and the said land be annexed to the City of Meridian and zoning designate medium-high density residential district R-15 and limited office district L-O; and declaring that the said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho; and repealing all Ordinances, Resolutions, Orders, or parts thereof in conflict herewith; and directing the City Engineer to add said property the official maps to the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of the Ordinance No. 899 read by title only is there anyone from the audience that would like to have the entire ordinance read in its entirety. Hearing none, I will entertain a motion on Ordinance No. 899. Anderson: Mr. Mayor. Meridian City Council Meeting December 19, 2000 Page 6 Corrie: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 899 with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance No. 899 with suspension of rules. Any further discussion? Hearing none, Mr. Clerk if you would give roll call vote please. Berg: Thank you Mr. Mayor, members of the Council, roll-call vote. Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 6. RZ-OO-005 Request for Rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road Corrie: Item No.6 is a public hearing it is a request for rezone of 10.04 acres of R-8 to C-N for proposed Linder Crossing by Hawkins Company and Stubblefield Development southeast corner of Cherry Lane and Linder Road. As I mentioned before Item No. 6 with a public hearing has been requested to be tabled until February 20, 2001. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table the public hearing on the request for rezone of 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Company and Stubblefield Development until February 20, 2001. Corrie: I am going to have to open it then we have to continue since it was scheduled? Nichols: Mr. Mayor and Members of the Council, I believe that is correct. It needs to be opened and then continued. Bird: I withdraw it. Meridian City Council Meeting ( December 19, 2000 Page 7 Corrie: At this time I will open the public hearing on Item No. 6 just mentioned with the understanding that we will continue this public hearing until February 20, 2001, meeting. Bird: I move that we continue the public hearing on the request for rezone on the 10.04 acres from R-8 to C-N for proposed Linder Crossing by Hawkins Company and Stubblefield Development southeast corner of Cherry Lane and Linder Road until February 20, 2001. De Weerd: Second. Corrie: Motion has been made and seconded to continue the public hearing on Item No. RZ 00-005 the rezone. Any further discussion? All those in favor of continuing the public hearing say aye. MOTION CARRIED: ALL AYES. Item 7. CUP-OO-048 Request for Conditional Use Permit to construct a 58,000 s.f. retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road: Corrie: Item No. 7 is a public hearing request for Conditional Use Permit to construct a 58,000 square-foot retail commercial building with four fuel stations with a kiosk and 10,500 square-foot multi-tenant commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development at the southeast corner of Cherry Lane and Linder Road. At this point I will open the public hearing with the understanding that we will continue the public hearing on February 20, 2001. Is there anyone who wants to testify even at this point? Hearing none Council, I will entertain a motion for the continuance. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we continue the public hearing on the CUP-00-048 and table that until February 20, 2001. Bird: Second. Corrie: Motion made and seconded to continue the public hearing on CUP-OO- 048 to January 2, 2001. Any further discussion? All those in favor of the motion say aye. Meridian City Council Meeting ( December 19, 2000 Page 8 (- MOTION CARRIED: ALL AYES. Item 8. AZ-OO-018 Request for Annexation and Zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene - Meridian Road south of Overland Road Corrie: Item No. 8 public hearing request for annexation and zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene on Meridian Road south of Overland Road. At this time I will open the public hearing on annexation and zoning 00-018 and invite staff co~ments first. Stiles: Mr. Mayor and Council, this is for the property on Meridian Road that is south of Elk Run Subdivision. There is a property that is still in the county that separates this from Elk Run, and the Bear Creek Subdivision would border it to the west. They are request annexation and zoning only at this time. They have presented a concept plan of their future build out plans. There is an issue of the sewer and where it presently is in Elk Run Subdivision. The needed alignment would be for the sewer to be extended down Meridian Road which would intersect with a fiber optic cable that apparently is not being constructed in the easement, that was set up for the fiber optic cable. That is going to be one hurdle that needs to be addressed in order to sewer a portion of this property. The entire property is not sewerable through the Meridian Road Trunk sewer line. Approximately the back half - I am not sure exactly where that line it maybe Gary can help clarify where that might be will have to go into the ultimate Black Cat Trunk sewer line that is yet to be constructed. At first they had expressed a desire to be able to sewer back into the Bear Creek lift station and into that existing line. Staff informed them that that was not the desire of the Council, at least in previous action and I believe that they have decided that that is not what they are going to be proposing at this time. This is a picture of the property, as is it is vacant. This is a proposed concept for the build out of the site. This is Meridian Road when this direction would be North and they are proposing their facility with a gymnasium and a chapel. They are proposing a daycare, a senior center. Again this is only conceptual they are showing the baseball fields in the back and possibly in the future when access to that trunk line is available they would propose some retirement housing. Staff would recommend approval with the conditions that they enter into a development agreement that the development agreement is somehow tied to that provision of sewer through the Black Cat Trunk line. Also that single-family residential development not be permitted that it somehow be tied to this site plan to a point. I know they will probably have some modification a church is allowed through a conditional use in the R-8 zone they will need to bring the sewer line down through Meridian Road. Thank you. Corrie: Thank you Shari. Is the applicant here this evening? Meridian City Council Meeting ( December 19, 2000 Page 9 Field: Hello, my name is Scott Field, I am with Roylance and Associates, I am representing the applicant. My address is 391 West State Street, Suite E, Eagle, Idaho. Just to elaborate a little bit on the comments that Staff has made, when we initially approached the Planning and Zoning Commission with this application, there was some concern raised on part of a few of the surrounding neighbors as to the possibility by annexing this and rezoning it to R-8 with an idea of a church that ultimately it may become just another subdivision. They were concerned about having that density adjacent to them when they are on larger acreage tracks. The Commission felt the same, and I feel their concerns were extremely justified, so what we did was we came back and submitted the conceptual plan that is shown here. I would like to emphasize, right now that the only thing that is immediately planned is the church itself, or about two-thirds of the church that is shown there right now out on Meridian Road. The remainder of this could have a build out of up to ten years and obviously it is dependant upon the sewer system serving the backside of it before any of that could possibly happen. What we discussed with Planning and the other council is entering into a Development Agreement that would essentially restrict or bind the church to the uses shown on this conceptual plan here. The reason that they are requesting the R-8 over some other type of zoning it is the least dense zoning that permits a church. R-4 is something that was suggested, but a church is not even allowed under a Conditional Use Permit on that and a light office obviously makes no sense on this property. Hopefully you have had an opportunity to read a letter that was submitted to the P&Z Council and Staff. I think it does a good job of fully explaining the situation and I just briefly tried to summarize that tonight. The church is eager to expand down to this site. Their location across the street is extremely cramped and this is going to allow them to create a church and surrounding amenities that are going to be of a great benefit to not just the congregation but the city as a whole. I would be happy to answer any questions that you have this evening and encourage you to following the recommendations of the Staff and the Planning and Zoning Commission. Corrie: Thank you. Council any questions at this point? Bird: I have none. Corrie: Anyone else from the public that would like to issue testimony on this annexation and zoning? Jewett: My name is Jim Jewett, I reside at 4002 West Teeter in Meridian. I have absolutely no objection to a church going up on the site. I think it is very well suited for it there. My questions lie with what is going to be left over when the church goes in under the concept plan now it is going to leave a little strip a keyhole above them between Bear Creek and the proposed site which I am purchasing. There is a supposed stub street coming out of Bear Creek, if you could Shari, right there. One of my questions is was it the intent to have that as a through street all the way to Meridian Road by the City Council when they Meridian City Council Meeting ( December 19,2000 Page 10 approved Bear Creek and if so how is that going to affect the church site as far as access. In ACHD Staff comments on their recommendation on this plat, they state they there should not be any additional driveway or access within 600 feet of their access. If you go back to their site plan / conceptual drawing they have an access right up in the northwest corner that appears to be in a few 100 feet of where that stub street would come out. That appears to be a conflict of ACHD's recommendation and if that stub street is in fact planned to go all the way through to Meridian Road would it not be better served if the church also access off the stub street as well and it would be made a residential collector or - what is the intent when that was proposed for Bear Creek to go all the way out? It proposes a problem for this little piece that is going to be left over that's barely wide enough to put one row of houses in more less than two. It is a 190 feet wide what is left there. I would pose the question is that street proposed to go all the way through and if so should the church not take access off that street instead of Meridian - Kuna Road or Highway 69? Stiles: I think that is a good question. It may be better dealt with when they come in for a Conditional Use Permit for the site and they actually have conditions attached to a specific plan. All they are asking for right now is the annexation itself. They will need to come back in an do a Conditional Use Permit where you can get site specific comments for the plan that will deal with parking and landscaping and all of those issues. The concept plan that they submitted is ,not in concrete; they just submitted that to give some additional information to the Planning and Zoning Commission and to the Council to make them a little more comfortable with what their plans where. I guess that is my opinion that it should really be dealt with when they come through with a specific plan. You do have a good point and I can see both sides. If you are left with a piece that is marginal at best to try and develop that cost effectively and the existing stub street that is proposed to come out of Bear Creek. I can also see the church's side where they would probably desire to have a self contained facility without the impact of a lot of high traffic volume coming out. Jewett: I appreciate those comments. I just want to make sure that when we do a Development Agreement to get the zoning that it will be done (inaudible) church under this conceptual plan that we not tie us up to a point where their access is going to be on the northeast corner which would prohibit that site for next store from ever putting a road in because you cannot have a road within 600 feet of it. So I want to make sure that we do not lock the hands of a neighbor because we approve a conceptual drawing on a Development Agreement that say we got this approved and I think we need to take in consideration all the neighbors and what is best served. When the church originally went in 1997 and received a CU within the county the ACHD at that time suggested a residential collector around the south boundary, down along this site. The ACHD has since decided that is not necessary under the Bear Creek plan because there is not stub street over, obviously not under the Bear Creek plan it is up in the north corner. It would certainly be unfair if determines that has to be a residential Meridian City Council Meeting ( December 19, 2000 Page 11 collector to make that little strip of land, that five acres pay for the whole construction of a residential collector they cannot take front on access on it. That just would not be justifiably fair. I ask this Council please take in consideration the neighboring properties and maybe they can draft this development agreement not to tie it in so much to this conceptual plan but to a conceptual plan that will work for all neighboring properties and the future development of both sides. Bear Creek has been set because it is a Preliminary Plat that has been approved the property to the south obviously is a large piece yet but the property to the north is just that little sliver. I think you guys probably remember the (inaudible) plat that come in here this summer that was that little key hole leftover on Locust Grove and he had to go in with those little townhouses to make that work because all that was leftover and there was no other access, it was one way in and one way out we fought to get some pedestrian access there and did not end up getting it and I hate to see something of the same nature get left again with the City saying "what do we do" when we do not look at it ahead of time and say "let's plan it out." Corrie: Any questions Council? Bird: I have none. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: The property north of yours what is that? Jewett: That is all Bear Creek. That little triangle is all part of Bear Creek. De Weerd: It is clear to Bear Creek. (inaudible discussion amongst members) De Weerd: Have you talked to ACHD and asked them what their road plan was in that area? Jewett: It is sketchy at best. They look at each application as it comes in and the church rightfully so as a stand alone entity can have two access off of Meridian Road and does not need anything additional. Nothing else has been applied for Bear Creek has its approvals and it has the one stub street to the north and so that is all they look at. They do not look past what is in front of them. They do not look at the neighbors and how are we going to develop this, they simply say well there is a stub street there you will figure it out later and I think it is just poor planning. But that is how they do things they look at them as they come in and yes, the church can stand on its own and have two accesses but it really hurts that piece. Again, they stated that we are just looking at Meridian City Council Meeting ( December 19,2000 Page 12 ( annexation we do not really comment on that when we see an actual application for a CU then we will comment more seriously on it, but I am afraid if we make a Development Agreement based on a conceptual drawing that we may have locked ourselves into a point where some people are going to get damaged. I do not know if I could be where that would not happen that there could be some - personally, and I have talked to the church about it, I think that the northern half of their piece should be left residential and they should put that street through and they can do houses on that side as well that way it is double fronted and not make it a residential collector then you can have front on access but if it is classified as a residential collector you cannot have front on access and you take that 190 feet strip and you take 50 feet out of it and you try to put a cul-de-sac and lots on it, it does not work. You have essentially eliminated that piece from being able to be developed in any reasonable manner. Again, I have no objections I think it is a good use for the area, I just think we need to look at all the parcels around it. The other issue is the issue of sewer out there. I think when I was at Planning and Zoning the recommendation or the statement in the Development Agreement would be only half the site would be sewered. I have had surveys go out there and had them survey the sewer coming out of Elk Run. I have shot it and I have done the (inaudible) I pretty much know of that 30 acres I doubt you can sewer 1 0 acres of it from that existing sewer it is just not deep enough. They cannot get past the Harden Drain there, I do not even think they can get to the Harden Drain. If you have a Development Agreement that they can sewer half of it, but they can only physically sewer one-forth of it I do not know if that is a contradiction to what the actual intent is. My understanding talking to Public Works is the intent is everything that can gravity sewer into that sewer should be allowed into it but not to allow pump stations into it. Corrie: Mr. Anderson. Anderson: Mr. Jewett looking at this map and the way Bear Creek streets are laid out and the stub street it comes right in on the point of the church property as you say you bought the property, or you are looking at buying it? Jewett: Looking at buying it. Anderson: Have you meet with the owners of the church property and discussed some kind of arrangement on providing access - Jewett: Yes. Anderson: Has that been fruitful? Jewett: I am assuming not because they have not contacted me further. They said if they had any additional interest they would contact me. They came up with this conceptual drawing which would lock it in - I am assuming it locks it into the use that they are proposing on this conceptual drawing. I originally proposed Meridian City Council Meeting ( December 19,2000 Page 13 putting that street through then them taking access where it comes out in Meridian Road putting in three lanes one in, one out, and a left hand turn lane, so that it would provide better access to the church instead of having one entrance to the church and 100 feet to 150 feet down to the entrance where that cove was. I have not heard from them since the P&Z hearing. Yes, I had several conversations in the fall with the church on what to do there. Basically, it was do not squeeze me into a situation where it makes that property undevelopable. One of the proposals I had with them was to do just a little bit of residential on their north side to front on this street and either sell it to me and I will develop it or they can develop it and pay for half the road and they can take and sell off lots. I just think that something needs to be looked at there instead of just limiting that tiny sliver of ground to either building a complete road that will be a residential collector or being "undevelopable." Anderson: So you asked them to share half the cost of putting the street in? Jewett: Yes, and at the entrance providing a little ground for the wider road because we were putting in the turn lane because I thought the turn lane would be a benefit. Not only to them on Sundays and gathering days, but for the Subdivision as well. My assumption is that you put that street through to Meridian Road, that when Bear Creek gets built out you are going to have a lot of ; traffic. I think that those people living in Bear Creek are going to find that the most convenient way out. I think you are going to see a lot of traffic on it. My understanding it they are going to signal the entrance at Elk Run, but this entrance if it got put in would be closer to the half mile mark, in fact it would be within 150 feet of the half mile mark, which is more suited for another signal other than a quarter mile from Overland Road so you could possibly see a change from the Highway District to signally this if it went in through as a residential collector because I do believe it would take more traffic out of Bear Creek when it gets fully developed. The other problem with it is because it is going to exceed the block limit for your ordinance, which is 1 ,000 feet, and it is currently about 1 ,500 feet in length with actually no traffic calming whatsoever. So it would be a (inaudible) in there. If I was doing it and if I was doing the whole site and the church and the other site, I would try to do some traffic calming I would try to do something to slow traffic down in there. I think that needs to be thought of because I am sure the people of Elk Run would appreciate that put in there too take it out of their subdivision. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Jewett you stated to Mr. Anderson that you would want the church to go half on that road by putting it through. The only thing that road benefits is that property there that is not developed. It does not benefit the church property at all. Meridian City Council Meeting ( December 19,2000 Page 14 Jewett: Could you hold up the conceptual plan Shari? If the church redesigned their access and did away with that access up at the corner and took it off of that proposed street that would go through there yes it would serve them, because by allowing that access there you prohibit a road being a put in there. Bird: I agree that, but the church has their site set out like this and actually that road going through the only one that will benefit is that one little - you say five acres? Jewett: 5.4 acres yes. If the church went in just like that it would prohibit that 5.4 acres from running that street out to Meridian Road. Bird: That is true you would have to come back off the stub and back out. Jewett: You would end up with a cul-de-sac because you could not come out because there is not any other stub streets. I guess one of the questions I have is was the intention whe.n the City Council approved Bear Creek with that stub street in mind was it intended to go all the way through to Meridian Road? Bird: Not to my knowledge. Jewett: Then that could probably be developed without it going out but it would need another entrance other than a cul-de-sac and the sewer for that property is for Meridian Road so something has to come from Meridian Road. ACHD proposed at one point trying to connect that stub street into the cul-de-sac on the other side of Bear Creek which would require me going to Greg and asking Greg to extend that street over as a stub street instead of a cul-de-sac in the way that it is currently proposed. Not saying that he would be objectionable to that but it still would require - what would happen is if that went into ACHD exactly like that, the length of street that would front on the church property would never get built. You'd have half a street built. ACHD cannot require a property owner to build both sides of the street if you only take frontage on one side. So the church side where the softball and the soccer field would be would never be built. It would be half a street. Bird: But the church side doesn't need any street on their north boundaries. Jewett: No, not as planned, they don't. Basically I'm here just to layout the information so when something comes through on another piece of property, nobody says how's this happened. I want it to be fully known that there is a little sliver left there, and we're not really looking at it when we approve this church site. If it went in exactly as proposed, we would not be taking into consideration that side at all. I think at the minimum that that entrance coming in at the northeast corner should at the minimum be a shared entrance with that property to the north. If there's a 600-foot requirement between driveways, that property Meridian City Council Meeting ( December 19, 2000 Page 15 cannot have any access on Meridian Kuna Highway. Now, I think in this case they would grant a variance because you couldn't just limit it, but from a safety point of view, should it be? Or should that be a joint entrance? Joint entrance solves the problem. Bird: I could see where looking at that that you could run that road through and have your entrance and eliminate their north entrance, but really and truthfully, they don't need that road after they get down past that berm there, they could come in right there into their parking lot and stuff. Back up, Shari, come to the east. There, right in there. So why should they have to help finance that road all the way up there when they only need to come in right in there? If they would agree to eliminate that one, you can run your road through if you're the owner the property. Maybe they could help pay for an entrance like they've got there in the north park down to that point there because that's all the farther they will probably want to go with that entrance. Jewett: I will agree with you if that's what the City Council decides when that other piece of property comes in that that's adequate, then that's fine. I just want it to be known up front that, one, you're saying now that the road coming out of Bear Creek doesn't necessarily need to go anywhere, that it could simply go in there and stop, number one; and number two, at the north of the - east part of this property should be jointly shared and you could have two ways. The east half of that five acres could service off that joint entrance; the westerly half could service coming out of Bear Creek. Bird: I didn't say that. Jewett: I said that's a possibility. Bird: I said if you want to run that road to Meridian Road from the stub street, the church would only participate in helping you do that if they will agree to close their north entrance off that conceptual. They should only have to help participate down to right about there. That's all the farther they have to go down to get to their entrance. Jewett: But what the option would be at that point would be to take the road, swerve it into that 5.4 acres and take it away from the church site and do something between the church site and that road. Then that would solve the problem of the joint entrance, and then the rest of it could be used solely to whatever happens to the 5.4 acres. Bird: Okay, that 5.4 acres, you're saying not go through with that. The church - what the church is saying, they're happy to have their entrances just like that. Jewett: What I'm saying is by doing that, you limit the use of the 5.4 acres access to Meridian Kuna Road because of the requirement to have 600 feet - Meridian City Council Meeting f December 19, 2000 Page 16 Bird: You won't have an access to Meridian Kuna Road if you do it that way. You'll have to come back out through the stub street. Jewett: That's the other option, but that's a little bit unjust to that 5.4 acres because they have 192 (inaudible) on Meridian Road, but it's (inaudible) they can't use it. So the question is - I guess the main question I have is approval of the annexation and zoning of the property tonight, if that's what the Council decides, does that lock in this - by Development Agreement lock in this conceptual plan to that or is it going to be worded as such as when they come in for the Conditional Use Permit that it'll be brought up again, these issues, to best serve the neighbors? I guess that's really my question is that - are we approving this conceptual plan and that's it? Corrie: That's a conceptual. That's not a plan. You can't lock in a conceptual. Bird: That's what I understood from Shari. Jewett: I'm sorry. I wasn't able to hear Shari's - Corrie: All we're doing at the present time is annexing and zoning the property. We're going to have a Development Agreement and work out whether they want to have an inside so they don't have R-8 houses all through there. That's what their Development Agreement will consist of. How you handle - if you buy that 5.25 acres in there, that's something that will come down later after they decide how they want to do their plat. That will be the time when you bring it up again. This is technically not having anything to do with it right now other than you getting it to our attention. We know it's coming - Jewett: And that's really what my intent was today: bring it to your attention and make sure we're not approving that specific entrance and that specific entrance. Make sure that there is still flexibility and hopefully there will be some cooperation between the property owners so that it works for everybody. I think that's what needs to happen. Corrie: But you do understand that there is a possibility that there will not be an entrance on Kuna Road. Jewett: Well that's always a possibility. Corrie: That's a pretty - that's a five-lane road. It's going to have to be signaled if you come out of there. ACHD might be looking - well, that wouldn't be ACHD, that would be Idaho Department of Transportation. Jewett: Well, I think it would be a cooperation - 1- Meridian City Council Meeting f December 19,2000 Page 17 Corrie: Well, (inaudible) ACHD. Jewett: Right now ACHD is proposing the signal (inaudible) coming out of the front. So with that theory, they don't want that to go all the way out. They'd as soon not. I just want to make sure that everybody understands that I was told that nobody within the City (inaudible) the purpose of that stub street was to get another access. I think those people in Elk Run told me that. The purpose of that street was to alleviate traffic coming through their subdivision. There's no - the question of whether or not that would ever go through, and that's why I wanted to (inaudible) on it. Corrie: Stoddard Road's going to be a main exit. Jewett: Yes. That's what appears to be on the drawing is that Stoddard is going to have their main entrance. All right? Corrie: Any other questions? Bird: I have none. Corrie: Thank you. I appreciate that. Bird: Mr. Mayor, before we proceed on, for Mr. Jewett's information seeing how he was late, Shari, would you please explain on the Development Agreement what you had discussed that you wanted in that on the conceptual drawing or whatever you want to call that up there? Stiles: I think what we wanted to address, mostly, was the concept of what it is that they want to put there and not this specific plan because we'll have to address, you know, the entryway corridor setbacks for landscaping and really get down to detail on the specific plan, but I would envision the Development Agreement addressing more of what they are proposing that their use would be limited to the church facility and the daycare and the recreation facilities and that type of thing and not pinpoint the exact requirements for it. Bird: Thank you, Shari. Anderson: Mr. Mayor, I had a question, then, for Mr. Field. Maybe he could address the comments that Mr. Jewett made about the negotiations that have gone on between the church and Mr. Jewett and whether there is any common ground there. Field: Well, to be perfectly honest, I have not been involved in the discussions personally between the church and Mr. Jewett. I'm aware that there have been some, so I don't know that I'm really in a position to give you any specific information. I do have a gentleman here from the church that could maybe shed Meridian City Council Meeting ( December 19, 2000 Page 18 a little more light on this. I just - as long as I'm here, just to further reiterate what staff had said regarding the agreement, that was our intentions, too, to purely address some specific uses and not specific uses and not intend to say that the church is there and this is there and this is there, and for that matter, this is the entrance. Like it was brought up before, the development - when the Conditional Use Permit comes in for the church, then that's the time when we envision getting into the specifics of the entrances and locations and landscaping and everything else. Did you have something - Bird: Bring him up and get his name. Thank you. Elburst: Dean Elburst, member of Valley Shepherd. I really have not been involved in any discussions with Mr. Jewett, so I don't know that I could add any additional light to that, but I would take it back that we're having ongoing meetings and I will take it back to the congregation. Corrie: Is there anybody else in the public that would like to issue testimony on the request? Okay. Anderson: Mr. Mayor, I would have an additional question of staff. I guess this would be for Gary under the recommendations on 1.12 - *** End of Side 1 *** Anderson: -- it talks about that Bear Creek Subdivision, and that is going to be . designed at capacity. If they start running into problems, then that's going to be monitored, and they'll be required to re-route the pressure sewer to the Ten Mile Trunk along the eastbound off-ramp of 1-84. Gary, you could explain how it is that we're going to try to sewer this, because my understanding is with Bear Creek that that was it; there's no more. I'm concerned about approving anything else that's going to go to that same line. We already talked about Bear Creek being two different service areas, and we're doing a temporary fix with that as it is, and bringing anything else on board that would go through this same area, I'm not sure where all those lines would run and how that would work. Smith: Councilman Anderson, Mayor and members of the Council, it's our - perhaps this isn't worded clearly enough, but the sewering of this property is to be directed to the gravity line in Meridian Road as much as can be sewered by gravity. The remainder of the property by elevation would gravity-flow into the Black Cat Trunk drainage. You're correct that the lift station for Bear Creek is sized for Bear Creek and that's all. The reference here on where that pressure line is pumping is the eight-inch line in Overland Road that the Bear Creek lift station would be pumping into. We don't know absolutely what the capacity of Bear Creek or the requirements for the Bear Creek sewering will be. The comment that was included in the Bear Creek approval was that if they exceeded - if the Bear Creek Subdivision exceeded the capacity of the eight-inch line on Meridian City Council Meeting { December 19,2000 Page 19 Overland Road, then they would need to carry that pressure line onto the east and tie it directly into the Ten Mile Trunk. But there was no inference or should not have been an inference that any other properties should drain into that Bear Creek lift station. Anderson: So with this property, then, do we know which parts of it can sewer into Meridian Road? Smith: No, sir. I don't know. Specifically we don't know how much of the property can sewer into Meridian Road. De Weerd: Mr. Mayor, that would be more when they came through with their Conditional Use Permit; run the models and know better how much it can be sewered. Smith: Mayor, Council, Councilwoman de Weerd, they're required as part of the Development Agreement on the project to develop how much can be sewered, and there's a schedule requirement of cover over the upper ends of the sewer lines that they have to meet. So, I don't know how much engineering has been done on this site. I would assume that their engineer has done enough how much of the site can sewer by gravity to Meridian Road just by the location of the church, for example. Anderson: And I guess I point that out because I guess I'm in favor of letting the applicant know at this point, and I would be in favor of some type of a restriction if you (inaudible) that only allowed building permits for the buildings that could actually be sewered off of Meridian Road and that the church would need to understand that anything that isn't in the drainage that would go there is going to have to wait for building permits until they could tie into that Black Cat trunk line. Smith: Yes, sir. That would be our intent. Corrie: Any other discussion? Bird: I have none. Corrie: Okay. Since there's no one else from the public that would like to testify, Council, I'll entertain a motion to close the public hearing on Item No.8, request for annexation and zoning. Bird: So moved. McCandless: Second. Meridian City Council Meeting ( December 19, 2000 Page 20 { , t Corrie: Motion made and seconded to close the public hearing on the request for annexation and zoning, AZ 00-018. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council, any further discussion on the request? Bird: Mr. Mayor, I'd like some information from Mr. Nichols if we could. This is just a request for annexation and zoning for an R-8 zone so they could have their church and stuff in that This other stipulation for putting on that you can only sewer what flows naturally to the Ten Mile or the Meridian Road, should that be part of our comments and stuff in an annexation and zoning? Nichols: Councilman Bird, Mayor, members of the Council, it would be my recommendation that anything that restricts a development of a property be put into the Development Agreement so that at such time as they come forth with a Conditional Use Permit application that you've essentially laid out the ground rules for how the property can be developed; for example, if I understood the testimony correctly, the only place that would have any residential development would be that retirement housing portion that's shown in the southwest corner of the parcel, which if I also understood the testimony correctly is that a piece of the property that would only gravity-sewer into the Black Cat Trunk at such time that it's constructed, so that if the Development Agreement restricted permits only those improvements that could gravity-flow the sewer to the existing line that exists further north on Meridian Road, that should be in the Development Agreement and then when the design is coming through on the Conditional Use Permit, it ties into the Development Agreement, and they'd have to show on their concept or their site plan, you know, here's what we have and this will gravity- flow sewer. Also, in order to address the concerns that were raised at the Planning and Zoning Commission level with regard that we don't want a bunch of R-8 houses in this parcel that you can put into the Development Agreement that the uses are restricted to the uses that are specifically shown on the concept plan without referencing the actual location; in other words, there's a worship center, commons, gymnasium, classroom areas, prayer chapel, senior center, daycare, school, bus garage, those are - the RV parking area, the retirement housing, again, is the only thing that really fits into any residential use. So, those things could be delineated in the Development Agreement that comes from this concept plan. Those are the uses that are going to be allowed when this property is annexed. So then the neighbors know that it's not some R-8 housing that is going to be put in on the - where the baseball field is shown or something similar to it. As Councilman Anderson suggested, restricting building permits - everyone knows what the ground rules are. Bird: Thank you. Meridian City Council Meeting December 19,2000 Page 21 De Weerd: Mr. Mayor, Mr. Nichols, would that include that something be worked so that the property to the north that shares access or a shared access out onto Meridian Kuna Road would be worked out? Nichols: Councilwoman de Weerd, Mayor, members of the Council, my only reluctance on that is there's not enough staff input on whether that's a good idea or not. It may well be that ACHD says or your planning staff says on this five- acre piece that's where the stub street is that that should not empty out onto Meridian Kuna Road, State Highway 69; but instead there might be a limited office space or something in that front part of that, but that back part, if it's going to have houses on it, goes through Bear Creek to Stoddard in order to get - so, I would be reluctant to put it in the Development Agreement to say that this particular piece - I don't know what you would say. Negotiate with them? Well, they're apparently doing that anyway. On the Conditional Use Permit side, though, that's when a lot of these issues can be addressed and looked at more closely. It may be that what's arrived at is a shared entrance on the northeast corner of the church property which allows some use on Meridian Road by this parcel, but maybe the back part of it goes through the Johnson development and Bear Creek. But, at this point it's all just kind of up in the air. De Weerd: Thank you. Corrie: Any other discussion or questions? Bird: I have none. Corrie: Then the question before us is a request for annexation and zoning. Bird: Mr. Mayor, I move that we approve the request for annexation and zoning of 34.84 acres to R-8 for a church and vacant land by Valley Shepherd Church of the Nazarene, Meridian Road, south of Overland Road with staff comments including attorney's to be put into the Development Agreement and for the Findings of Facts and Conclusions of Law also to show staff comments and reflect that. De Weerd: Second. Corrie: Motion made and seconded to approve the annexation and zoning with staff comments, attorney's comments along with the comments for the Development Agreement. Any further discussion? Hearing none, Mr. Clerk, roll- call vote, please. Roll call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting (/ December 19,2000 Page 22 Item No.9. Public Hearing: RZ-OO-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - East Franklin Road and Baltic Place: Corrie: Item No.9 is a public hearing, request for rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell, east Franklin Road and Baltic Place. At this time I will open the public hearing and invite staff comments first. Stiles: Mr. Mayor and Council, this is for the property in the existing Meridian Business Industrial Park on Franklin Road. This would be the fire station site here. These are empty pad sites currently owned by Mr. Thad Thomas. He has a building that's been constructed here. This is where the new building is that's available for lease. Mr. Don Asbell has his structures - well, he goes all the way to King Street with these structures, but the request is to rezone the property from light-industrial to commercial, and it's basically due to the fact that they would like to attract tenants other than straight industrial users. Mr. Asbell and Dave Williams have experienced a market more for some retail and office use along this corridor, but are prohibited from marketing to that sector just because of the fact that the light-industrial zone. There is a ReMax office in one of these buildings. This is a little confusing because these lots don't reflect the lotline adjustment that has been done and the County's records do not reflect that adjustment yet. The existing Thad Thomas building, basically, the parking lot goes clear to King Street, and with these two pad sites remaining there, their hope was to market that more toward the retail or office use. That's the reason for the request, and staff would recommend approval with the staff and agency conditions and recommendations of the Planning and Zoning Commission. Thank you. Corrie: Thank you, Ms. Stiles. Is the applicant here this evening? Williams: My name is Dave Williams, Diamond Properties, 4124 North Westview Way, Boise, Idaho. I'm here to represent both of the applicants. Mayor Corrie and City Council members, Shari is directly correct in stating that we are having a lot of people wanting to lease from us, but they're leaning more toward the office. A few retail. Primarily office. In Thad Thomas' case, he has constructed a building that is a two-story, beautiful brick-block building, and if you've been by Franklin Road past these parcels of ground, I'm sure you've seen his project. The core is in place. He's done a wonderful landscaping and water fountain out front of this complex. He originally was going to occupy this building, but since, he decided to stay in the present building he's in. He's been approached by some large governmental agencies as well as some private corporations. He would like to hold out, get this rezone into place so that he can lease to one or two tenants. He would really rather have just one tenant in this project of his. He has 4.3 parking spaces to every 1000 square feet, so that puts him well under 250 square feet for parking space. Then the pad sites that he has that front Meridian City Council Meeting ( December 19,2000 Page 23 Franklin Road, he perceives at a future date those would. probably go to additional offices. So that is the purpose in his request that he foresees that that's the type of tenant that he would be having wanting to occupy his building. Don Asbell has two buildings in place. One building he has had in place for a couple of years that is horizontal to Franklin Road and is right on the corner of East Baltic and Franklin. We presently have that building fully occupied; however, and we call that Building 1, however, in Building 4 which sits perpendicular and is between the corner property and Thad Thomas' property, that's correct where the arrow is, that's the building that the southwest end of it we have ReMax in. Once we put ReMax in that 20,000 square-foot building, ouch; we can't put more office in there. We're very limited office. We're limited to 25 percent of the square footage in there as office. That building is a single- story, stucco building, and we have parking scenario for it that equates to about 1 :400 with some overflow on both buildings. We've been in a position with that project that because of the height of the eves and so on we don't have a lot of overhead doors. On the East Side of that building we have no overhead doors at all. All storefront entries. We've had a lot of call for 12,000 square-foot users that would like to be office users. Very limited on the retail side, but we might end up with a small retail business wanting to locate in this project. So our purpose in the request this evening is that we feel like we have the frontage, the adequate frontage to be zoned C-G; over 1600 square feet of frontage between the two applicants, and the need is for the small office users in the Asbell project and the large user in the Thad Thomas project. Corrie: Have your applicants any objection to the recommendations of the Planning and Zoning as far as the conditions? Williams: Not at all, Mayor. Corrie: Council. De Weerd: Mr. Mayor, just one question. Why aren't you going L-O? Why is your request not L-O? Williams: Well, the C-G allows us to do what we want to get accomplished 100 percent office for Thad Thomas, 100 percent office for Building 4 for Don Asbell, and we understand it would be limited because of the parking scenario on the corner building for Don Asbell. It does for us what we want to get accomplished. Specifically for Don Asbell, his Building 1, we do have some users in there that wouldn't be suited for the L-O. We didn't want to have to eliminate present tenants that would be in that building. Corrie: Any other questions? Bird: I have none. Meridian City Council Meeting ( December 19,2000 Page 24 Corrie: Okay. Thank you very much. Is there anyone else from the public that would like to issue testimony in this request for rezone? Okay. Did I see you raise your hand? Okay. Council, any questions for the record? Hearing none, I'll entertain a motion to close the public hearing on Item No.9, request for rezone. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on RZ 00-006, request for rezone of Meridian Business Park. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council, further discussion? Anderson: Mr. Mayor, this request makes perfectly good sense to me; therefore, I would make a motion that we approve the request for a rezone of 7.14 acres from I-L to a C-G for Meridian Business Park by Donald Asbell, east Franklin Road and Baltic Place and instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay, motion made and seconded to approve the request for rezone of the Meridian Business Park and have the attorney draw up the proper order and Findings of Facts and Conclusions of Law. Any further discussion? Bird: Mayor, I've got one question. Public hearing - Thad Thomas is also included in this, but it's all under one name? Asbell? (inaudible comment from the audience) Bird: Include Thad's? Okay. Answered my question. Thank you. Corrie: Okay, any other questions? Discussion? Hearing none, Mr. Clerk, will you call roll, please? Roll call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 10. Public Hearing: PP-OO-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for Meridian City Council Meeting ( December 19,2000 Page 25 ( proposed Meridian Greens No. 4 by Scott-Fuller Investment/Glencoe - northwest corner and northeast corner of SE 5th and Overland Road: Corrie: Item No. 10, public hearing, request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investments / Glencoe, northwest corner and northeast corner of Southeast 5th and Overland Road. At this point I will open the public hearing and invite the staff comments first. Stiles: Mr. Mayor and Council, this is for the remnant piece of property that fronts Overland Road. It currently serves as the entrance to the Meridian Greens Subdivision from Meridian Road or from Overland Road - one of the entrances. Do you have the recommendations from Planning and Zoning Commission in your packets? I would like to - Corrie: I think so. Yes. Stiles: Brad Hawkins-Clark did review these recommendations and had some requested changes from what he thought was the record. I'll need you to help me on this. On Page 4, the recommendation by Planning and Zoning Commission was that the plat - to modify the plat boundary to exclude the 80- foot easement. Now they're not showing that anywhere on the plat as part of the subdivision. The boundary just - Corrie: Excuse me, Shari. What number? Stiles: It's probably the very first one, the first paragraph there that is 1.6, but it would be - he's noted it as on the top of Page 4 there. He's written the plat boundary was modified to exclude the 8D-foot easement. The boundary description must be amended on Sheet 2 of the Final Plat's Certificate of Owners to reflect this change. That's what he felt the motion was by the Planning and Zoning Commission. Planning and Zoning Commission. 1.7 is a moot point because they have moved their pressurized irrigation outside the easement. 1.8, that comment, their current plan has been modified to address that. 1.10, the Planning and Zoning Commission recommended that the developer be given the option to either place a buffer in an easement or common lot along East 5th Way. This is where looking into the site, this is where East 5th comes in, Southeast 5th. This is about roughly where the property begins the southern boundary. Staff had initially made the recommendation that this should - since this is a collector, it should be a 20-foot landscape buffer and include it as a common lot which we typically do on collectors, and that's our typical requirement. They are having houses front on the collector which is a diversion from ACHD's standards, but they really didn't have any choice if they were to develop this property residentially. On that same 1.10, the second to the last sentence Brad felt should be modified to say developer to provide the City with a Meridian City Council Meeting ( December 19, 2000 . Page 26 ( landscape plan of all landscaped areas including the landscape easement on the west side prior to approval of the Final Plat. Then, the remainder of that paragraph would be a new separate condition that's unrelated to the landscape easement. He added one item on Page 6, and he had written this down as 1.22, Brad Hawkins-Clark, that is, a new recommendation from the Planning and Zoning Commission that the developer shall enter into an Agreement with the Homeowners Association to specifically address pipe sizing, designing a looped system, increasing pumping capacity, and other concerns of the pressurized irrigation system addressed in Harmon Averas (sic) October 5th letter to City Council. There was some concern expressed in the Planning and Zoning Commission meetings that if they hooked this phase of the project onto the existing system. They had already had some pressure problems, and they just wanted to make sure that that was addressed as part of this approval. One thing that was missed during the review, and this was kind of as a result of the transition of the new landscape ordinance being in effect now, was that this 20- foot landscaped common area has been increased per Ordinance to 35 feet. So I guess in keeping with the new landscape ordinance, we would request that landscape buffer be increased to 35 feet. I believe staff could go along with having this 20-foot strip be a landscape setback as long as there is no encroachment of fences in that and it was landscaped and maintained consistently to provide a nice entrance into the subdivision. All of these lots would share a driveway - well, this one wouldn't. This one looks like it has some little hammerhead configuration there. But these two lots would share a driveway. These two lots would share a driveway to help alleviate some of the concerns of Ada County Highway District of having houses front directly onto a collector. We had initially tried to convince them to try to have some kind of an alley access so that they didn't have any garages fronting this street and that their accesses - they'd have one access shared, but that was not accepted by the applicant. The City currently has a well site here; City well site goes to the centerline of the Eight-Mile Lateral. Typically we would require that the common lots include all of this Eight-Mile Lateral area that is owned by the applicant. Not entirely sure why the recommendation was made to exclude that from the plat. Currently there is a Nampa Meridian Irrigation District road on the east side of the Eight Mile Lateral, and because we'd made that comment about making this a common lot, and that their fences would need to be on the easement line unless they received an encroachment agreement with Nampa Meridian Irrigation District that, I believe that's part of the reason they've taken that out. It is the developer's intent that these lots would not have fencing along them, they would like them to be landscaping similar to - I guess I don't have pictures of that. Some of the other lots within the Subdivision have actually landscaped down to the bank; they do have a fence there too. Mr. Fuller did have some nice pictures previously of the treatment of that area and what his desire was. Other than that I don't have any - if you can enlighten us about what this whole deal was with was the Eight Mile Lateral I'd appreciate that and taking that out of there. Staff would recommend approval with the conditions as noted and amended, and Meridian City Council Meeting ( December 19,2000 Page 27 would also request consideration of revising the common lot along Overland road to be increased to thirty-five feet to meet the current landscape ordinance. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Can I ask Shari a question? Corrie: Yes. Bird: Shari on all of these changes on the Planning and Zoning recommendation are they Mr. Clark's recommendations or are they the Planning and Zoning? Were they misinterpreted or how come we missed so many complete things? Is that Mr. Clark's interpretation or was that the will of the Planning and Zoning commission? Stiles: They were what Mr. Hawkins-Clark believed was the action by the Planning and Zoning Commission after reading the minutes and having attended meetings. Anderson: Mr. Mayor, do these findings then once they're made --- do they go to your staff Shari, and you guys have a chance to review them before you come to counsel? If you disagree with them then you meet with the attorney or how does that work? Stiles: We've just recently started reviewing these recommendations from the Planning and Zoning Commission to make sure that they reflected the motions that were made. Unfortunately we're under the same - we have the same restrictions as the city attorney's office has in the timing of getting the actual minutes from the meeting. It's real hard to sit through those long meetings and to catch everything. When you have the actual minutes and can read the minutes and read the actual motion that was made, it's a lot easier to catch. I don't know if these were prepared prior to ever having the minutes or what exactly happened. My staff has not had time with the deadlines we've had for other projects to get these reviewed prior to this. Bird: Shari you do get a set of the minutes, your staff gets a set of the minutes of the meeting? Stiles: Yes. Bird: How soon are they coming out? Stiles: I couldn't tell you when they came out. Meridian City Council Meeting ( December 19,2000 Page 28 Bird: After the meeting, are we getting them within one week? Stiles: It's probably a couple of weeks. We were on deadline - we did get these comments on December 8th but we had application deadline day. We've got applications we've got to review, it's an excuse - we do what we have to absolutely get done and every minute of every day is filled with what we have to do. It's not that we tried to put it off till today. The timing of these meetings - Bird: I know Shari, we're all under a time schedule. I have a real problem when we come in on recommendations and our planner is interpreting for Planning and Zoning Commission. I don't have a set of minutes here, myself, to read through and see what the actual motion or the discussions were. I have a real problem with it. Corrie: I guess I feel if there's that many differences between the findings in what your staff is seeing then this item should be pulled from the agenda on Friday and we shouldn't be discussing it until you guys have come to conclusion on that. Stiles: I don't think this should be a reflection of either my department or the attorney's office. Initially when these comments are made, this is right when the application -- when we initially go through that application and make all our comments based on the application. That's what goes to the Planning and Zoning Commission. What they've put in here is exactly what our comments were, that's what these items are that were prepared by the attorney's office. Those are basically verbatim what staff's recommendations were. However, the Planning and Zoning Commission did not accept those exactly as they were written. That's why Brad is very thorough and took a great deal of time going through this to make sure that what's in here reflected what the Planning and Zoning Commission came up with for their recommendation. Bird: No reflection of any department - it isn't fair to the applicant or to the Council when there's that many changes that the staff hasn't written out and got it to us by Friday to look at it and even to let the attorney look at it so that he can go back on his notes and maybe find out which one was what the Commission had wanted in their recommendation. That's why we had set this time limit on a Friday and if we can't get hit it (inaudible) we're just going to have to pull it until the next meeting. That's nobody's fault. I just don't like having to pass on a motion when you've read off all of the things and I can't sit here and write them fast enough. I can't remember every word of them so I really don't know what I'm passing on. I need to see it in writing. De Weerd: Mr. Mayor, then perhaps it needs to go back to how it was awhile back that Planning and Zoning reviews their own motions. This was done - staff was doing a courtesy by cleaning that up and maybe it needs to be Planning and Meridian City Council Meeting ( December 19,2000 Page 29 Zoning Commissions work that they look at their own recommendations. They don't see this. Bird: They don't see it I agree with you, but if there's that many changes in the recommendations -- has the developer seen a copy of this? The applicant? Stiles: No. Bird: Have we seen a copy of it? Stiles: No. Bird: What did we say at our last workshop? If it is not ready by Friday, everything, it gets pulled from the agenda. We've sat up here and looked like a bunch of dunces and we don't need any help we can do it ourselves. De Weerd: Whose responsibility, Council member Bird, is it? Should it be Planning and Zoning, staff that has fined these? Bird: Staff is fine. They should get it so that everybody can look at it so if there's any disagreement we can see what the differences are. If it's one item or one letter I have no problem with that, I can remember that. When you've got a list as long as my arm I'm not going to remember it. De Weerd: I'm just asking, whose responsibility should it be. Should it be the Planning and Zoning Commission, should it be the City Attorney's office, or should it be Planning and Zoning Staff? I think Planning and Zoning Staff having to do this is - he actually went an extra step. Bird: I have no problem with that. I think that if there's this much disagreement on the recommendation then I think that we take the extra week - after the first of the week we'll be meeting every week-- De Weerd: Planning and Zoning twice a week. Bird: Put Planning and Zoning twice a month. I think that if there was that many the staff should have got back to the attorney, Planning and Zoning Attorney, and go the minutes or the tapes. There' are tapes, they can listen to the tapes and find out what is the recommendation that is coming before us. If it changes then you get it in writing to us. Anderson: I guess in answer to your questi,on Tammy, it would seem logical that the Planning and Zoning Commission reviewed their own recommendations. That would be like asking Will to review our recommendations and decide what our intent was. I would agree that it probably ought to be the Planning and Meridian City Council Meeting ( December 19,2000 Page 30 Zoning Commission themselves once the recommendations are written that they should review them. Corrie: This is a recommendation by the Planning and Zoning Commission. don't think they even see it- De Weerd: No they don't. Corrie: -- I'm just repeating what you're saying and I agree with it. I think that if you have a comment and if this isn't what you think it is, it should go back to the Planning and Zoning and they look at their recommendation then they bring it to us so that they get a second shot at it. We're going to have extra meetings in Planning and Zoning. They can do that and make sure that we get, that you have it, they have it and they both agree then we get it. I think that would be the ideal situation that we're going to have to have. However, we do have a public hearing here and we can continue this and have -- We need to send it back to the Planning and Zoning to give it to us again. I don't know what the protocol would be Mr. Attorney. Will we have it to continue at the public hearing, send it back, or what would be the best protocol with the Planning and Zoning Commission? Nichols: Mayor, members of the Council, in my opinion, the way to handle this are I mean the applicant is here and ready to testify. Go ahead and take that testimony, Shari can have Brad reduce these suggested revisions in a memo form so that the applicant has them. I can take them to Dave Swartley in our office and have him look at them. I don't find the minutes in my file here -- they're probably in the Planning and Zoning minute file instead of that portion of it being put in here - see if Dave missed it when he put the recommendations together, then he missed it. We can take care of that, come back and say, we missed it and this is what it should be. As far as this particular one, the applicant is here. It may be that when the applicant sees Brad's memo he says, yeah that's it. I will say this though; I want to hear from the applicant with regard to this thirty five-foot setback, landscape setback on Overland road. I have a question for Shari, what was the landscape setback at the time the application was filed with regard to that Overland road landscape buffer? Stiles: It would have been twenty feet. Corrie: Is the applicant here tonight? Hard: Hello, my name is Matt Hard, I'm with Civil Survey Consultants at 100 South Atkins Way, Suite 101 in Meridian. I represent Fuller-Scott and Glencoe for this application. I might as well dive right in to what the points that Shari brought up. Originally staff made recommendations after our original submittal, prior to the Planning and Zoning meeting, we revised the plat to address several of those concerns. That was the revised plat as what we looked at during that / Meridian City Council Meeting i December 19,2000 Page 31 meeting. Some of these comments that Shari has made is in regards to the points that are moot now regarding the irrigation easement and things of that nature. Originally we were going to (inaudible) the east half of the southeast fifth, those lots one through five there blocks two. We were going to originally plat those to the centerline of the canal but then we realized we would have to get an encroachment agreement from Nampa Meridian and that might be rather difficult to get. Instead of going through that headache we decided to just move the (inaudible) lines back to match their existing easement lines so we would not need Nampa Meridian's permission. There's several comments like 1.6, 1.7 that are moot now, they're not a concern. I got a copy of this report yesterday; I looked at it this morning. The only glaring discrepancy that I had was with Item 1.10. During the Planning and Zoning meeting we talked about staff -- we discussed that during the meeting. The developer would prefer that both sides be easements, they were still being included in a landscape plan that would be approved by the city. The developer will still pay and construct the landscape items prior to final acceptance by the city. During the Planning and Zoning meeting, Planning and Zoning ruled that the West Side of southeast fifth could be an easement instead of a common lot. Staff supported that decision during that meeting. We did decide that the landscape buffer along Overland road should be a common lot since it was fronting a major arterial in that area. Shari brought up the point tonight that now the city would like to have thirty-five foot instead of the twenty feet, which was the rule when we originally submitted this application. I would like to state that we would like to stick with the twenty-foot easement being that was the conditions of when we submitted this application. We touched briefly about having a fence along the inside of the Eight-Mile Lateral there. Other fences of Meridian greens have not been fenced, the property owner's been an allowed to plant grasses and landscape up to the water's edge. The developer would like to again not be required to construct a fence along that border. Staff report says that they would encourage a fence but would not require one. When you put a fence on the edge of a canal like that the side of the fence that's by the canal is just overgrown with weeds and it's (inaudible). Overall it would be much better for the property owner's and for the Subdivision to be allowed to utilize that area. Obviously (inaudible) the lot lines that are building setbacks will still be enforced from that line but they would be able to utilize that area clear to the water's edge. The shared access as we've showed there on the east side of Southeast 5th were approved by ACHD. It is an exception to their normal policy but there's really not a real good way to access those lots unless we do use the shared driveways in that area. The access points shown on there were approved by ACHD and I believe that's alii have for now. Thank you. Bird: Mr. Mayor, did you understand all the changes in the recommendations that Shari read? Hard: Yes' did. Meridian City Council Meeting ( December 19,2000 Page 32 ( Corrie: I guess the next question do you agree? Hard: Well the exception - Corrie: The landscaping, yeah I understand now. Anyone else want to (inaudible) testimony? Council? De Weerd: Mr. Mayor, just one more question for staff. Shari, apparently the concerns of the Homeowners Association has been addressed. Since they're not here, I would assume that those have been addressed through Planning and Zoning. Stiles: Mr. Mayor, Council, Councilwoman de Weerd. That was the 1.22 that Brad had added to this that the Planning and Zoning Commission had added in their motion an additional condition for them to enter into an agreement with Homeowners. Since they made that in their motion that's probably why they're not here tonight. De Weerd: The applicant agreed with that. Corrie: Any other questions? Bird: I have none Mayor. Corrie: Then I presume we better close the public hearing on Item No. 10. Bird: Mr. Mayor, I move that we close the public hearing on the Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone, Meridian Greens No. 4 by Scott-Fuller investment/Glencos. Corrie: Do I hear a second? De Weerd: Second. Corrie: Motion made and seconded to close the public hearing on PP-OQ-019 Preliminary Plat, Meridian Greens No.4. All those in favor say aye. MOTION CARRIED: ALL AYES Bird: Mr. Mayor, I believe we have got to work out a better process and I think That Councilman Anderson or somebody hit up on it that we need - maybe it was the Mayor - we need to get these back and let the Planning and Zoning people take a look at their recommendations and stuff so that we are getting a little better ones. Adding our extra meetings should help that but with that and understanding the applicant understood all of the recommendations from the Meridian City Council Meeting ( December 19,2000 Page 33 spiel. I would move that we approve the request for Preliminary Plat approval of 13 building lots, and 3 other lots on 7.88 acres in an R-4 zone, for proposed Meridian Greens No. 4 by Scott-Fuller investments and Glencoe with staff comments added and 1.22 added to the recommendations from the Planning and Zoning for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Excuse me I need to add something to that. That the landscape setback would stay at the 20 feet when it was proposed. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Preliminary Plat calling the staff comments, adding 1.22 (inaudible) and that the 20-foot setback is standard on that. Other comments made in the motion. Any further discussion? Roll-call vote, Mr. Berg. Roll call: McCandless, aye; Anderson, aye; Bird, aye; De Weerd, aye MOTION CARRIED: ALL AYES Nichols: Shari, if Brad could get that memo upstairs to us as soon as possible so that we can use that in preparing the findings that would be gratefully appreciated. Item 11. RZ-OO-007 Request for Rezone of 6.95 acres from L-O to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way: Corrie: Item 11 has been withdrawn for Request for Rezone. Counselor, do we just need a motion to recognize the withdrawal? I'll entertain a motion to recognize the withdrawal by letter of the applicant for the commercial complex. Anderson: Mr. Mayor, I would make a recommendation that we recognize the request for withdrawal for the Rezone Request for 6.95 acres from L-O to C-G for the proposed Mallane Commercial Complex by The Land Group. Bird: Second. . Corrie: Motion is seconded to recognize the withdrawal by letter of the applicant for the RZ-OO-007, Item 11. Any further discussion? Great, now all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting ( December 19, 2000 Page 34 Item 12. Public Hearing: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemstone Center No.4 - west of Eagle Road and south of Fairview Avenue: Corrie: Item No. 12, is a request for variance in section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemstone Center No. 4 - west of Eagle Road and south of Fairview Avenue. At this time we'll open the public hearing, invite staff to give the comments first. Stiles: Mr. Mayor and Council this is for the property out next to the Blue Cross. This would be the Blue Cross property right here, this is where Pine Street - half the street has been constructed. The applicant came in and was granted a six- month extension in May for the platting of this property. They had requested an extension and Council may grant an extension up to one year but it was felt that construction of th~t Pine Street was a priority. The City wanted to see it get done so put the limit of six months of it. The sixth months has expired, the application is null and void unless this variance is granted. We had hoped it would have worked but Ms. Bowcutt is representing the applicant and I'm not sure if their request is for a specific time period. I believe she would like the additional six months which would indicate that it would be May 16, 2001, if the variance were granted that they would need to have the plat recorded. Corrie: Since this is a public hearing, Becky, welcome back. Bowcutt: Becky Bowcutt, 11283 West Hickory Dale. As Shari indicated we submitted time extension back in May, it gave us till November. It was one of those items that I kind of lost track of, it came before you, and I did not attend the hearing. The Council granted a six-month extension, your ordinance does allow for up to one year. We have our construction materials on the site; sewer and water pipe are out there. We have had some problems with storm drainage because we do have few ground water issues that we've been contending with, then dealing with Nampa Meridian on the overflow from our storm drainage facilities. We resolved that and quickly found ourselves running out of time so that's why I'm here this evening to ask for this variance. We're asking for that additional six months, the ordinance allows up to one year so we felt that it was fair and we would like to proceed. Thank you. Corrie: So you are requesting six months, by May 16, 2001? Bowcutt: Yes sir. Corrie: Thank you. Any other persons want to issue testimony in the public hearing. Hearing none, Council (inaudible) gives the questions of applicants? Bird: I have none. Meridian City Council Meeting ( December 19,2000 Page 35 ( Corrie: I entertain the motion to close the public hearing. Bird: So moved. Corrie: Motion made and seconded to close the public hearing of Variance 022 for Gemtone Center No.4. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Any other discussion? Now, I'll entertain a motion on the request. Bird: Mr. Mayor, I move that we approve this request for variance of section 12- 3-6 (a and b) Time Extension of Preliminary Plat for Gemstone Center No. 4 - west of Eagle Road and south of Fairview Avenue till May 16, 2001. Corrie: Motion made and seconded to approve the variance request on the Gemstone Center No.4. Any further discussion? Roll call voted. Roll Call: Bird, aye; De Weerd, aye; Anderson, aye; McCandless, aye MOTION CARRIED: ALL AYES Item 13. Water, Sewer and Trash Delinquencies: Carrie: Next are the Water, Sewer and Trash Delinquencies. Yau can all leave the room now if you would like. I want you to know that the city doesn't play favorites. This is to inform you in .writing, if you choose to, have the right to a predetermined hearing at 7:30 p.m. on Tuesday, December the 9, 2000, before the mayor at City Council to appear in person to (inaudible) in the facts and defend the claim made by this City that your water, sewer and trash fill is delinquent. You may retain Council, you got that Bill? This service will be discontinued on December the 21, 2000 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, or trash delinquency? Hearing none, you are hereby informed that you may appear or have the decision, decision reviewed by the court, Judicial District Court (inaudible) to the Idaho State code even though they do feel their water will be shut off. The amount of turnoff lists is $41, 093.21. I entertain a motion out of the delinquency of turnoff scheduled for 2/21/00. All those in favor say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting ( December 19, 2000 Page 36 ( Item 14. Department Reports: A. Public Works Director - Gary Smith: 1. Meridian Transportation Task Force Committee Report: 2. Building Lease - Public Works / Building / Planning & Zoning: 3. Change Order No. 4 by Turnkey Construction for the Digester Project: B. City Attorney - Bill Nichols: 1. Financing of Police Station: Smith: Thank you Mayor, the first item I have for you this evening is the Meridian Transportation Task Force Committee Report. I believe you have that report in your packet. That committee meets annually and we met on November the 16th for about three hours and discussed our transportation related issues in the City of Meridian. Out of that meeting came the minutes that are attached to the memo that I sent and along with that at the end of the minutes is a prioritized recommendation of the transportation projects that this committee feels are a priority for the City of Meridian. I might mention also that the membership of this Task Force Committee is pretty diversified. I included a copy of that membership in the memorandum so that you can see who is on the committee. Representation from the citizens of Meridian, staff of Meridian, Councilperson and Planning and Zoning along with representatives from ITD and ACHD. It's a pretty diverse group. The recommendation from, well actually the requirement from the City of Meridian is to submit a prioritization of projects to Compass, ACHD and lTD. I would recommend that this recommendation, whatever you feel you want to submit to them, goes to all three agencies so that there isn't a breakdown of communication anywhere along the line so that this recommendation is received by all agencies that are involved in putting the Transportation Improvement Project program together. Theoretically, I guess actually Compass is the organization that coordinates the efforts of the Transportation Projects to ACHD and ultimately onto lTD. I guess realistically, and I think it was probably expressed by either the ACHD representative or the ITD representative, that not all of the priority based listing that we showed will be fundable. I think it was probably a consensus of the committee that we're working through maybe the top six items. We established a whole footnote listing at the end of the thirteen items that we wanted to include in the Meridian City Council Meeting ( December 19, 2000 ' Page 37 ( recommendation to the Compass, ACHD, and ITD that some of these are actually under construction or in final designed phases and ultimate funding. We didn't want anyone to feel that these were not critically important items for the City of Meridian even though they are advancing in the design changes toward construction. The Locus for example, the Locust Grove Road rebuild from Fairview to Ustick is I think 95 percent complete as far as design goes. It will move forward for construction but we didn't want that to fall off of the list completely. The committee one that to retain itself as an item on the priority list. The Locust Grove overpass, as you know is progressing in the design stage and you'll have a memorandum of understanding or a cooperative agreement to review at the second meeting in January for that project. Do you have any questions concerning the minutes from the meeting or the prioritized listing of transportation projects? Anderson: Mr. Mayor, I did have one comment Gary, on your priority based list. I guess Item 7 to me, and I don't know - the signalization of that east bound off- ramp road - Smith: Yes sir. Anderson: -- to me that is something that's an existing that's a hazard. To me that needs to have a very high priority and should be probably number one on the list. Some of these other roads, I mean they're not even built yet, yes they're badly needed but if we don't put that traffic signal at the interstate up higher on the priority list -- you mentioned that we're probably dealing with one through six, that may never happen. They need to understand that that's a high priority. The traffic lights at the fire stations, if these other projects that happen - one through six occur, those would be taken care of. If we finish the construction on the ten- mile station for example and there's enough money left in the budget then we may have money that we could buy the used equipment from them and install that. I really think that signalization at the interstate needs to have a higher priority in my mind so that it definitely gets taken care of. That's an immediate hazard to me. Smith: I understand that Councilman Anderson and it did receive a lot of discussion. There was some discussion that ACHD had some funds, that they could contribute to the installation of that signal and I'm not sure that was ever substantiated. You're right it is a hazard. There was a comment made by one of the committee members, are we going to have to have a fatality out there before we get a signal lined up. It was a very serious discussion about it. This list is presented to you for your comments and it can be adjusted to your desires. There are no limitations there. Anderson: I guess when I look in the total scheme of things these other ,projects - for each of those projections we're talking about millions of dollars and several years to take place. This one is not of the magnitude and we can't wait three or Meridian City Council Meeting ( December 19, 2000 Page 38 ( four years, in my mind for that to take place. If we move that higher on the priority list, even if there's x amount of dollars available it still doesn't mean that on some of these other projects - design or write away purchase and some of that could go on but it may just delay whatever the build out time would be for whatever difference it would cost, I don't know what the signalization out there would be. 150, 000 dollars I don't know. Smith: I can't remember the dollar value for that. Corrie: Gary where was Pamela (sic) in that recommendation? How did she react to that? Smith: She was not in attendance Mayor. Corrie: Oh, she wasn't? Smith: No, they had their planner there. Corrie: Lard wasn't there either? Smith: No, Jonathan Hennings was there from ITD, he's their planner. I shouldn't say all of these work items, but I would venture to say that your request as a Mayor in Council for the City of Meridian will carry a lot of weight as to what projects they move forward with. The pressures are always there for projects to be built everywhere because there are always a lot of projects and there are limited moneys available. Corrie: That will be an ITO project and ACHD. Of course Chuck Winder is very aware of that and so is Bonny McClure. I've talked to them so much now that they don;t even want to see me coming but they all agree. I think that if we made that as one of the higher priorities and particularly let ITD know about it then we might be able to get that through there. That's ~ minor thing for ITO as far as cost is concerned, compared to building a new overpass. Smith: There is work involved in that signal other than just a signal. There is work that will be involved in the off-ramp itself, widening the off-ramp, adding a lane, storage lane for a turning lane, that sort of thing. There's also a synchronization of the signal lights then, north south on the Kuna Meridian highway. That's going to have to be changed. One of the things that continues to baffle me is that ACHD still hasn't resolved signal synchronization for the City of Meridian. The last word that I had from that meeting from this meeting is that they have to add another 20 feet of tower at their base station in Garden City in order for the transmitting device located out here at the Amity, Kuna Meridian intersection, to see through the trees so that way they can control our signals. That project has been ongoing for four years probably. They still don't have it resolved. Adding another signal at the off-ramp is going to compound the flow of Meridian City Council Meeting ( December 19, 2000 > Page 39 traffic. The Highway District Traffic Engineer said that it's going to be better coordinated. The signalization needs to be much better coordinated for that to work. There are some problems in getting that done. Again the prioritization of these projects by you as Mayor in Council sets the stage for what needs to be funded or what we ask to be funded as the City of Meridian. Along with that I would say any influence that you could put forth to the agencies for the spending of the money, even individually or as a group, written, verbal. I would assume that all has an impact. Corrie: I suppose, based upon what you are saying it should be right under one because ITD is involved in this Locust Grove right now. They could be - that signalization of 184 eastbound off-ramp should be plugged up pretty close up there and then the others are ACHD projects. Just a comment here. Bird: Mr. Mayor, Gary I first I want to commend you and your committee for the nice job you guys did on Shari, Chief Gordon being involved. I also, I think this 184 eastbound ramp needs, unlike the Mayor, I think it needs to go right up under the Locust Grove overpass. What would you estimate, half a million dollars? There is a lot of roadwork, people just think you're going to throw a signal up there but you're not. There's quite a bit of roadwork and stuff that's going to have to be done. I would think, I don't know what lights cost Ron said 100, 150. I wouldn't have any idea but I think the roadwork would probably be a couple 300,000 dollars. I surely think on a safety measure that, if the Mayor - we can put some pressure on ITO - I'm to the point that I think safety wise that might be number one priority. Coming of f of there, coming from Nampa quite a bit I'm telling you you're best to just turn right, go down and swing through JB's and get onto Overland road and turn. I hate to be saying that especially with the Chief sitting there that that's what I do. It's the only - I'm not too sure you're actually looking at two different items I feel, but I think that signalization of that eastbound off-ramp should be started immediately. I really firmly believe that and I think everyone of these are very high priorities but to me that has got to be - safety wise has got to be number one priority. Corrie: When is the funding coming back to ITO? I know they had their board meetings and they're pretty tough on everybody but maybe we need to get to their next board meeting and just make a presentation to them as well as to put this priority in front of them. Get with Monty and push pretty hard. The last time I went to one of their meetings they were pretty territorial about their money but I think under the circumstances I think you can make our point. This they do listen anyway. Bird: That is just such a safety issue that - you shouldn't even have to prioritize that. Smith: Mayor Council. ITO did an intersection study for a bunch of intersections in; I'm not sure if it was just district three or if it was statewide. They did a big Meridian City Council Meeting (' December 19, 2000 ' Page 40 ( intersections study of which this intersection was part. I don't know all of the components of that study but out of that came this recommendation of FY20004 for the construction of it. De Weerd: 2004? Smith: 2004 that's right. Four years away, well three years away. Which is unacceptable. Anderson: Everyone was turning right so they figured nobody made left hand turns there. De Weerd: That is also when the corporate park Walton on east first was late for improvement wasn't it? Smith: Yes, I believe. Anderson: Mr. Mayor I guess I would just make a recommendation and just throw it out on the floor if Gary has to send this on there's no point setting here all night talking about this. I make a recommendation that we move this up to our number one priority on the priority list. Bird: I'll second that. Corrie: Motion been made and seconded to move the priority list as a signalization of 184 eastbound off-ramp on the Meridian Road to the number one position. The others follow the way they have it? Anderson: I think it's great work that the committee did. Corrie: Hearing that is there any other discussion? Hearing none, all in favor say aye. MOTION CARRIED: ALL AYES Corrie: Gary will send all three this letter of priority list. I may just send the letter to each one of them personally that we want some business that was discussed quite a bit here to Monty and to Chuck as well. Smith: I agree, I think that would be appropriate. Mr. Mayor do you want me to write that letter and sign it as City Engineer or do you want - Corrie: Do you want to sign it Engineer and then have myself and all the Council sign it? I don't think it would make much difference if we do send a separate letter from us. We can send a separate letter to Chuck and to Monty and everybody can sign it if they want to on that letter. ".-- Meridian City Council Meeting ( December 19,2000 Page 41 / I. Smith: Alright. De Weerd: Mr. Mayor, Gary does ACHD and COMPASS need some action on this by Council? Smith: Yes. I don't know whether that should be a resolution or just an approval of this prioritization. Corrie: Mr. Counselor we can put this as a resolution you know. Anderson: Mr. Mayor and members of the Council you can or you can simply pass a motion to take Gary's committee's recommendations and move that one to the top and that's your list. De Weerd: So do make sure that ACHD and Compass notes that we did act on it. Smith: Yes, I'll put that in the letter that it as a formal motion at this meeting. Thank you. The second item I have is the building lease for the Public Works Building Department Planning and Zoning office area that was prepared by Thornton Oliver Keller, the leasing agent for Mr. William A. Hahn. This is for building office space located at the corner of Stratford and the Watertower Lane. The address is 660 East Watertower Lane, 6711 square feet of office space. The lease as you have it has been back and forth between my office, City Attorney's office, the Leasing Agent's office, and Mr. Hahn. This lease language has been approved by Mr. Nichols and it has been approved by Mr. Hahn. They've been very good to work with as far as what our requirements are. We can put everybody in the building space that is contained in exhibit b of this lease. It leaves us several offices for expansion beyond the personnel that we are hiring or have hired recently and are endeavoring to hire for our immediate needs. I guess my request on the behalf of the Public Works building and Planning and Zoning Department is for you approval of this lease agreement with William A. Hahn. Do you have any questions concerning the lease? Corrie: When is our present lease up? Smith: Our present lease ends January 31st of 2001. We will not be ready or the building will not be ready. for occupancy until March 1 st. We have one month to rent at our existing location before we can move. Corrie: We got the okay to do that? Smith: I have not. Meridian City Council Meeting (' December 191 2000 ' Page 42 Corrie: What happens if we don't get it, are you going to have to do outside plumbing and a tent? Smith: They'll have to evict us and I think they'll have to give us notice don't they Mr. Attorney? Bird: They can't get you up running in 80 days. Smith: I have not talked to the building owners specifically to see what problems, if any there would be. Our anticipation is that we can stay that one month without any severe penalties. Otherwise we'll take all of the interior walls partitions and everything with us when we move. Corrie: Discussion, Council? Bird: I have none. Corrie: Well that's a quiet Council, okay I'll entertain a motion then. Bird: Mr. Mayor, I move that we join into this billing lease with William A. Hahn and for the Mayor to sign and the Clerk to attest. Corrie: Okay do I hear a second? De Weerd: Second. Corrie: Motion been made and seconded to accept the commercial lease and (inaudible) from William A. Hahn for the Mayor to sign and the Clerk to attest for the contract. Further discussion? Bird: Mr. Mayor, one thing to point out people we do have a fund out clause and they have agreed to it. It's all legal; Mr. Nichols made sure of that. Corrie: Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES Smith: Mr. Mayor, I might also add on this issue, we did investigate four different buildings in the City of Meridian. The costs were very similar, there was very little difference. The space where we are located right now we did, for Tim's benefit, we did get - we had a good price on that facility, square footage wise, dollars per square foot. This move allows us to get our departments together, Planning and Zoning, building and engineering together on the same floor. I think we'll have better ability to communicate and I think that was the big incentive was to give us a little room to grow to. Meridian City Council Meeting ( December 19, 2000 Page 43 ( Corrie: We're getting pretty good size. Smith: Thank you. Corrie: Thank you. Smith: The last item I have is a Change Order request. Change Order No.4 from Turnkey Construction for the Digester Project. I can run through the memo that Brad put together if you would like. Corrie: Is the Change Order, Gary, basically just a request for an extension of time? Smith: There's an increase of $18,092.22. The items - they did ask for an increase in time but we're not recommending that at this time. The items for the contract, the $18,092.22 are at the tail end of the packet material that you have with an explanation of what each item involved. There are 12 items I believe to make up - some of them are - well I think the maximum item was $5694 which was a waste gas burner addition. Corrie: Would there be that 56 days addition or not? Smith: Not at this time, no. There's no recommendation for extension on the contract time. I don't know whether this - I don't think that - there will be some additional time approved ultimately but not anywhere near the 56 days. I guess Brad's comment was that there maybe a few days that are justified but not anywhere near the 56 days. We'll be in a wrestling match with the contractor as this project winds up on a time extension. Right now the request is for approval of these work items, dollar amounts. Corrie: Any questions? Bird: I have none. Mr. Mayor, I would make a motion that we accept Change Order No.4 with Turnkey Construction for the amount of $18,092.22 and that no added days to the contract be allowed. Corrie: Motion made and seconded to that increase of $18,092.22 and no increase in days Change Order. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: You heard we did include the discussion on the financing on the Police building and from the attorney on the certificate of participation, leasing finance, and addition confirmation proceeding. Are there any further questions before we Meridian City Council Meeting ( December 19,2000 Page 44 decide whether you want the attorney to go ahead with preparing the documents, financing the documents and proceed. Everybody understand? Bird: You want a motion? Corrie: If everybody understands what it is and I think we do so yes, I'll entertain a motion for the - Bird: Mr. Mayor, I would move that we instruct the Mayor and attorney to go forward with getting our judicial review, started with First Security Bank and Mr. Skinner financing 3.5 million dollars for the Meridian Police Department's new building. De Weerd: Second. Corrie: Motion been made and seconded to have the attorney and the Mayor proceed with the judicial confirmation proceedings and with the other part of the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES (Inaudible discussion between members.) Corrie: I'll entertain a motion to adjourn. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded adjourn at ten o'clock all those in favor say aye. MOTION CARRIED: ALL AYES ., \ \ \ \ '.ffH "tl'Jt. MEETING7D URNED AT 9:58 P.M. x~'\\..\~.\\.'Of ~A.l:Ii;~.'I'//"J ....~ ~ '-... <.1~ ~ /~ ,~CJ o~pon .. '1--';' g# .~% % /-/6 0/ ( . y. S2AL D ) -ROB~R=f 8. CORRIE, MAA'-eR ~ ~ ~ · '0. q,C 2 14171- 61i-,.;6 .f> i'e.rlct e"t-t- - e ~ Ct:J?v11 ecL.. ~;. ~ ~~'~r 1S\ '. >.; .p >~': 1<' I ..~. ~'f t.,.: ~.' TTES · ";',1, 00 ; ~.~.'{ . ~\ ~,:: - 1:, J . ), ' ;,. ~ \ NIA YOR Robert D. Corrie HUB OF TREASURE VALLEY l A Good Place to Live {' ( ~ITY OF MERIDll~N LEGAL DEPARTNIENT (208) 238.2499 · F:J.x 288-250 I CITY COUNCIL MEi'llBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO ivIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLfC \VORKS BUILDING DEPARTIvtENT (208) 887-2211 · Fax 887.1297 PLANNING AND ZONING DEPARTIvtENT (208) 884.5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL 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, December 5th, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items and department reports, which are on the regular scheduled City Council meeting and the following item: - discussion with Pat Nelson from ACHD regarding the Commuter Ride program. The public is welcome to attend. DATED this 3rd day of December, 2000. v\ \ 'H'-I H 11 ff II f; \\\ Mr::l""1 'I, ,,\\ of L-F!..'''~., I~/~ ,~ ~ '{J.. -1 '..../ " :'\ ")'A.. 'l ~ ,,' c} or\PORA h "II' ~ ~ ~G ~o ..;. ~" ~ - - ~ SEAL ~ .... ,!!?;: - ~ ~- ~ -. VA _ "C6 0..; ,... " \.)~ r . .. ~ ~ ..... ~ "0, ~:G'T 15\ I ,,~ )." /~ ....>/. ,("- ~ " /~ I 1"""\ \V ,"' "'/1/ \.... .0 I.JN~~i j \,,-' '\. ')'/ .. \.\\\ /IJj.J;,~ f 1\;'\\ ('- '.T.......t Meridian City Pre-Council Meetina December 5. 2000 The Meridian City Pre-Council meeting was called to order on Tuesday, December 5, 2000, at 6:30 p.m. by Mayor Robert D. Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird Others Present: Shari Stiles, Gary Smith, Bill Gordon, Bill Nichols, Will Berg Corrie: Okay, I'll open the Pre-Council meeting at Meridian City Hall, 33 East Idaho Avenue, Tuesday, December 5th. Let the record show that all the Councilpersons are in attendance. First off, we'll have discussion with Pat Nelson from ACHD regarding the Commuter Ride program. Pat. Nelson: Thank you, Mayor Corrie, Councilmen, my name's Pat Nelson; I work for Ada County Highway District, the Commuter Ride Coordinator. I'm here tonight along with our contractor, Terry Lindenburgh from Treasure Valley Transit to report to you on the progress of our Treasure Valley metro system. live handed out a shiny black folder that has the information in it. Just to give you a little bit of background, as you recall we- put a website poll together and tried to find out what would be the most successful commuter ride coming into Boise or to Micron. Meridian citizens voted the most for services that start from Meridian into Downtown Boise. Our commute shuttle started in June. The mid-day shuttle that Treasure Valley Transit started was a little bit more successful than we were in getting started. They started their operation in April with five buses per day. Originally it started out to be four. Terry saw the need and got enough people to call her office; that she boosted that up to five hours per day providing hourly service both from Canyon County to Meridian and Meridian into Downtown Boise. There is a sheet on the right side that indicates what the funding breakdown was for those commuter shuttles. We did start an advertising campaign to start boosting the ridership right away; right now it looks like we have about 42 riders per day that are taking just the commuter side of the shuttle. You have to keep in mind that these buses that are 16- or 18-passenger buses, and the ridership numbers are in there for you. In November, there were four or five of the morning routes, and I think three or four of the afternoon routes that were at capacity or above. On several days we've had 22 passengers riding on one bus. We're to the point right now where we want to know your feelings on whether we should continue this operation. We have an opportunity to go back into Idaho Transportation Department and ask for grant funding for the Year 2002. They do have a bit more money that's available. We've tried this last year and were turned down on our application because we didn't have the air-quality benefits that they thought we should have to justify funding it. We think with the current ridership numbers, the number of people that are trying to ride and are not able to ride because of a capacity problem that we might have a better shot ( Meridian City Pre-Council Meetir\~ December 5,2000 Page 2 this year at getting a 2002 funding. It would require about $17,000 worth of match in our first application. Meridian had indicated that they were interested in providing that match to us to match the CMAQ federal dollar. That would be, again, what we would be asking for to go back into another grant cycle to keep the commuter cycle operational. We do have some plans to go out with a survey to the ridership. There is a copy of that in the packet, also. To find out - if we tweaked the schedule just a bit, if we could probably move some of those passengers to one of three buses rather than have them all crowd onto two. We'll know the results of that survey probably within the next two weeks, and if they agreed to it, we will tweak the schedule the 1 st of January and see what we can have happen then. Survey. Don't have it? Bird: Yes, we do. Nelson: Did you get a copy of it or did you want it? Okay. We feel like the ridership does really build up -- our first initial estimate was going to be 10 passengers per bus that we would be considering successful on, and so far it's - we're right at that number right now. November we did have a little bit of ridership decline, but part of that was due to the two days that we have holidays in November, and the ridership was about half on both those days. That brought the average down to nine passengers per trip. Right now the fares that we gather on that are still a dollar per ride which is quite reasonable especially when you consider the gas costs. We're gathering about 14 percent of the cost of the vehicle, the operational costs, through those ridership fares. I think BUS is about 18 percent; 16 to 18 percent is above average for the fare recapture of the cost vehicle. Do you have any questions so far? Bird: Mr. Mayor, Pat, what do you figure the cost per mile of the bus is? Is it a buck 25, a buck 50? Nelson: Right now we're charged 73 dollars per trip. That includes the deadhead, the mileage into Boise, and I would imagine the trip back. It's probably 15 miles, maybe more than that. Twenty-five miles. Bird: So we're looking at 25 miles, so we're looking at about three dollars a mile. That's not bad. Nelson: We had tried to find out a way that we could expand the capacity on these buses or find some additional buses that were larger. When we first started the program we didn't want the public perception of having the bus half empty and didn't know how successful we would be, so we purposefully asked for smaller buses. Now we've got a problem with getting all the bodies in that small bus. Treasure Valley Transit - that is a nice problem. Still, if you get on a bus and you have to ride to Boise going 60 miles an hour, if you're lucky that morning, standing up is probably not a real good option. So we've got to look at expanding the size of the vehicle. Treasure Valley Transit does not have - f~ f Meridian City Pre-Council Meetii {i;1 December 5,2000 Page 3 r currently have any vehicles that are bigger than that. So we either have to find away to get larger buses on it or put an additional route on possibly to take care of those passengers that are being displaced because of capacity. Bird: Pat, why couldn't if we had to put an additional one - this is only happening on one or two routes as I understand it. Do they have a smaller bus that we could have as a back-up bus? Nelson: Terry, do you want to answer that? I'm sure it will cost. Bird: I understand that, but if I'm paying a dollar - I hate to say that I don't think it's safe to have people standing up going into Boise, and I don't like to see that. By the same token, if you go to a 40- or 50-passenger bus, you've only got 22 people on it, then the public is going to start yelling or screaming that we're not using their taxpayer dollar right. Lindenburgh: At the present time, Treasure Valley Transit does not have enough vehicles, or operating costs to implement additional buses, but that brings me to another point. Pat had mentioned the CMAQ funding. That can also be asked for capital equipment. One of my thoughts were regarding our mid-day shuttle, and one thing -- another aspect of TVTS received numerous phone calls from Meridian residents wanting a city route in Meridian comparable to what we have in Nampa and Caldwell. What I propose is that TVT write the Congestive Mitigation Air Quality Grant for two vehicles in 2002, and this would also require match; for example, for $430,000 worth of equipment which would be a 24- plus 2-passenger vehicle. I am right in the process now of specing out such a vehicle, for as Pat was talking about the commuter shuttle that right now TVT does. I am hoping to find that information out and put these vehicles out -- to go out for bid in April. If that is successful and these vehicles are larger, we would not have a 40- passenger we would have a 26-passenger, which I ,think would be the next logical step. What I propose is to have sponsorship by the City of Meridian to write the grant. There is no guarantee that we may get it, but if we do the cost to the City of Meridian would be $17,000 which is 7.34 percent of the actual grant. TVT was successful in acquiring such a grant last year that enables us to get two vehicles per year for Canyon County. So I think we stand a great chance since we were successful before. So, for $17,000 your $230,000 worth of vehicle and that would put a 12-hour Meridian City route into operation as well as expand the mid-day, because we were talking about how it went from four hours to five hours, but still it's a mid-day block. People are hesitant to ride, because they can't go to the mall and spend more than two hours. Were an eight-hour route gives more flexibility; not as much as 12 hours but it is a beginning. So, that's what I am looking at. And for operational cost of those 20 hours per day that would go to Meridian, you would be looking at a total $41 ,750 worth of operating from the City of Meridian. Now this is in 2002, and TVT for the total operations was talking about a $182,000. Of that $182,000 to actually operate it, $41 ,000 would come from Meridian so if you look at the $17,000 for the vehicles and the ( \ Meridian City Pre-Council Meetiny December 5,2000 Page 4 $41 ,000 of operating cost for two routes. You are under $60,000 dollars, and you are accessing quite a bit of grant funds which would enable the service. So that is what I am looking at. Bird: So we would have $17,000 dollars plus another $24,750 dollars for operations on the other bus; who on this grant has the ownership on this bus? The 24 passengers, that if the City of Meridian is putting the $17,000 down, does that revert to Treasure Valley? Lindenburgh: Treasure Valley Transit. Bird: It does, okay. Lindenburgh: Unless you want it. Bird: No, I am looking the legality, that's why I am looking at Bill over here, of us giving $17,000 for a capital improvement that goes in someone else's name. Nelson: Another option you might take a look at is all of us at some point or time will be part of Via-Trans; it might be the first step in getting equipment for Via - Trans that can be used in Meridian. The match still has to be provided, but the legal owner might be Via-Trans. I don't want to take it away from Treasure Valley Transit, but that might be more legal than have a Canyon County provider own the equipment. Bird: The thing I was thinking about was the liability, that if we purchase that and it is in your name, but there is a major accident, the lawyers start suing how much liable is the City going to be without being in our name? Is our insurance underwriter going to pick that up for us, or are we going to be hanging out there by ourselves? Nelson: Well, from what I understand with the CMAQ grant that was for Canyon County, it was in issue of sponsorship, basically. As a private non-profit even though we are public transportation, and this will be changing, too,there is going to be a lot of different things occurring when the census becomes official, because right now we are a private non-profit. Once the census goes into effect, we are going to have to go under a governmental body. Those are things that we are going to be dealing with through Via-Trans on how those thing will come about, and that will probably be in 2002 when these things all come into play. Right now with TVT, Canyon County sponsored the grant, and in liability, everything rest on TVT. We are heavily insured. Bird: No, I am just bringing the legality of it. I think it is a great program. I think $17,000 for a bus is very, very cheap and I have no problem with it , for two bus. I don't want to stick City's neck out to get it chopped off. ( Meridian City Pre-Council Meetiny December 5,2000 Page 5 Nelson: I think we are looking at two separate grants. One is for the buses, the capital equipment. The other would be for purchase of service for the commuter side. Bird: But, that the cost of $34,000; $17,000 for the buses Nelson: That would take care of your (inaudible). The mid-day. That does not cover the commuter side. That's an additional fee. Bird: That's what I was going to say. You want $17,000 and she wants $17,000 for the grant but another $24,750 for the operation. You take $17,000 out of $41,750. Nelson: The $17,000 was for the vehicle and then for the operational cost for 20 hours worth of service which would be including the new route, a 12-hour service which we could implement. This is not necessary, it is always good to have a back-up budget too. If we looked at the most service possible, adding a twelve hour Meridian City route, and continuing and expanding the five-hour mid- day to and eight hour, would be 20 hour service with a total operational cost to the City of $41 ,750 so it's a total of not quite $58,750. Bird: Okay, I am sorry misunderstood you. I thought we took the $17,000 out of the $41,750 dollars. Instead we have to add up so its $58,750 to Treasure Valley and $17,000 for Pat's grant. So we are looking at $75,750. Corrie: Is it $17,500 or $17,OOO? Nelson: It's about $17,000. It's 7.34 percent of the grant amount that we are going for is $225,000. $200,000 for the commuter service and 25,000 for marketing. Corrie: So we are looking at $75,750 dollars or somewhere. Bird: And what fiscal year is that for Pat? Is it for now? Nelson: It is for 2002. Bird: Okay, so it is something we would need to budget coming summer for this next year. Nelson: I think in your current budget I thought that we had talked about there was money for the commuter shuttle in the approved budget that you are working under right now. Is that correct? Bird: Yes, there is. f Meridian City Pre-Council Meetiny December 5, 2000 Page 6 Nelson: We have been able to stretch the WYE funding to cover the shuttle up through October, but after October 1 st we do not have anything for operations. There is nothing there, and I would hate to see this die after it has been proven successful. Bird: I think you would get hung if you did. Nelson: Via-Trans now has an Intern Director. We her, Kelly Fairless to try to put together a CMAQ application for the next purchase of service through TVT or any other contractor that we decided. That did include one more bus. So, we would have five runs in the morning and five in the afternoon. It would still fall under that $17,000 local match. Bird: That is what I was going to ask you, on October 1, 2001, you would want the $17,000 and that would cover us even without the WYE Grant. Nelson: Right, it would be a CMAQ Grant, if we get it! Bird: What if we do not get it? What do we do then, Pat? You do not start something like this and get it built up and stop it. Nelson: I know. I am open for suggestions because is we don't have the CMAQ we have Surface Transportation Funds which are highway funds which are very protected by the highway folks. I do not think you are going to get any money there. We have Via-Trans which does not have a budget. They do not have an income source. The only other place would be to go to the County and to the cities involved to ask for contributions for it. Bird: When will we know on this grant if we would be successful? When will you apply for this grant? Nelson: The applications have to be into COMPASS by January or February, but it has to go to Via-Trans it has to go through, if we are the contract agency it would have to go through my commissioners. So I would imagine we would have to write in December have it approved to go on to Idaho Transportation Department in January or February. We probably will not know for sure whether it is even on the priorities list I don't imagine until May. So we are talking very late in the year. Budget times are already pretty well into place. Bird: That is what I am saying we are starting into budgets already and we need to know which way we are going to jump. Nelson: We talked about increasing the passenger cost. You do lose a lot of people when you do that. In our vanpool business you can't raise the vanpools past the cost of what you put in your gas tank, or people will not ride. This little service has been so well received by people; the flexibility of getting on anyone ( Meridian City Pre-Council Meetiil~ December 5, 2000 Page 7 ( of those four shuttles in the morning and afternoon is invaluable. The mid-day portion is a big hit with people because they can get back to their car if they want to any time of the day. Bird: And it is going to grow as we grow and we add the hours on and the buses on. It is going to do nothing but grow. We need to have a Plan B in place. De Weerd: So we have it through the end of 2002? Nelson: We have it through October of 2001. De Weerd: Oh, 2001. Nelson: We have one year. Originally it had been scheduled to cut the WYE funding the 1 st of October, but we did have some savings throughout other parts of the project that we could put towards the Metro. It is going to be real tight. I guess I am just after guidance on which direction you would like us to go. Is it something that you would be interested in sponsoring the CMAQ application, if we put that in, to continue it for one more year? We can apply for 2002; there is no CMAQ openings for 2003, so we will be back to square one unless Via-Trans has some kind of funding in place for 2003. Corrie: I guess we are going to the legislature with it anyway. Nelson: It would be nice if we could work faster, I guess, and get that in place a little bit earlier, but it just takes time to get the legislature people prepared for local option taxing, I guess. As far as Treasure Valley Transit's proposal, is that something you would be interested in pursuing? Bird: Yes, I would. Nelson: Local service? Bird: I would. Definitely. You bet. I think as we grow, a bus would really --within the city. Nelson: We have gotten some preliminary feedback from Jabil that they want the Canyon-County-to-Jabil shuttle. We have got some interest there. Terry is working on that to see if maybe she can make that connection with the current system that we have. Our Park-and-Ride is pretty well on track for next spring out by the Ford dealership. We hope to have that up and running. Poor little Gem Street out here by the bowling alley is full to capacity. We were talking in the office today about maybe renting that piece of property, if they are willing to, to the south of Gem Street and maybe putting gravel or something in there so that we can put some more cars in there, if that is possible, if Shari will let us do that. ( Meridian City Pre-Council Meetlr I~ December 5,2000 Page 8 ( Bird: Does State still have that? Does States Investment still own that? Nelson: Is that what it was? Okay. But we are real happy with the shuttle and way it is operating. We could not ask for better service from TVT, and we would just like your endorsement to move forward on it. Corrie: Mr. Anderson, do you have anything? Anderson: No, I think I got most of my questions answered. (inaudible) Corrie: Any other questions? Bird: I have none, Mayor. Corrie: I guess the only thing you are asking is if we go with the sponsorship to CMAQ funds and that would be -- Bird: All of these are for 2002 budget year, so that it is not affecting this year's budget. I am for it. Corrie: Tammy? De Weerd: Yes. Corrie: Mr. Anderson? Anderson: I am for it, but I guess I am cautious because I am worried about the City's ability to fund, and we are committing ourselves to a lot of things coming up. So I guess I am just cautiously optimistic. I think it is a good program, and I supported it initially, and I still do. We have very limited funding and we have to do some things to increase our funding, and that is a big chunk to commit. It is a good buy, no doubt, as you demonstrated, but I am just not sure about our ability to fund. Corrie: Cherie? McCandless: I have to agree with Ron, I am very much in favor of it also, but we will have to look at our funding. Corrie: Okay, do you want to talk about it a little bit more before we give Pat a decision of sponsorship for the CMAQ funds with the ACHD (inaudible)? Nelson: I have to get the blessing from my commissioners to, to do this. It might be through Via-Trans. We find out on the 14th. We are going to be asking the ( Meridian City Pre-Council Meetfj 18 December 5,2000 Page 9 Chairman and Vice Chairman if that is something that they want to sponsor, mean, they want to submit it as a public agency. Corrie: So what is your timetable from us then? Nelson: Probably within the next two weeks some kind of indication of whether you would be interested keeping in mind that you folks could playa big part in helping convince the legislature that we need this authority to raise funds. Not just from Meridian citizens, but throughout the whole valley. Your citizens are also Ada County citizens so maybe we should be talking to Ada County Commissioners for contributions for this also. De Weerd: Mr. Mayor, I think it needs to be remembered, too, that this air-quality suit that is in front of us needs to be a major part in this consideration, and because of the steps that we are taking to address air-quality issues, road funding will continue to be available. If we do not take it serious and do not support some of these alternative transportation items that we have available to us, we may be lessening or increasing the air-quality issues to a point were we lose monies to build and improve roads. So it is kind of a Catch-22, and it might be a small investment that in the long run is a huge one. So we also have to look at the long-term ramifications of this, too. Corrie: And to Pat, correct me if I am wrong. We made a commitment on this lawsuit what we are reducing, and this will definitely help. Plus our landscaping ordinance is going to give us some credits there, too. I agree that I think that we need to take a close look, and we will get with you as soon as we will be back in two weeks and give you a decision. I think it sounds pretty good right now, but you never know. I will also talk to the Ada County Commissioners on this as well. DeWeerd: I think that it is an opportunity, Pat, to send a strong message to the legislature that because of some of the policies that they have put on municipalities with the three-percent cap and those sort of things there are really tying the hands of local municipalities. We have some serious issues in funding and keeping our services inline with the growth and being able to offer our citizens what they need. That message, as far as Meridian goes, will be coming out very strongly from our community. These kind of efforts are certainly things we can start hanging our hats on and being big advocates for. Corrie: Anything else? Bird: I have nothing. DeWeerd: Thank you, Pat, Terry. ( Meridian City Pre-Council Meetihy December 5,2000 Page 10 Corrie: With that on the Via-Tran is there anybody that would like to be on that Via-Tran Committee? I've got myself and Gary Smith. Would one of the two of you like to be -- Bird: You were supposed to appoint the alternates. Corrie: If I appoint them would you accept it? I mean whoever is up here. I see Cherie is saying, yes. McCandless: I am. Corrie: Okay. Since we are into the Pre-Council meeting, I guess I should go into agendas and questions for Council and staff. Item D. Item E. Item F. Item G. Item H. Item I. Item J. Item K. Item L. Item M. Item N. Beer and Wine 2001 Renewal: JB's Restaurant at 1565 Meridian Road: Approve Beer 2001 Renewal: Pizza Hut Restaurant at 675 South Progress: Approve Beer and Wine 2001 Renewal: Fred Meyer's Store at 1850 East Fairview Avenue: Approve Beer and Wine 2001 Renewal: Ultra Touch Carwash at 835 East Fairview Avenue: Approve Beer and Liquor 2001 Renewal: Whitewater Saloon at 1646 North Meridian Road: Approve Beer and Wine 2001 Renewal: Jackson's Food Stores No.1 at 412 Fairview Avenue: Approve Beer and Wine 2001 Renewal: Jackson's Food Stores No. 56 at 66 East State Street: Approve Beer and Wine 2001 Renewal: Jackson's Food Stores No. 35 at 522 West Cherry Lane: Approve Beer and Wine 2001 Renewal: Jackson's Food Stores No. 24 at 625 North Eagle Road: Approve Beer and Wine 2001 Renewal: Jackson's Food Stores No. 11 at 1585 South Meridian Road: Approve Beer and Wine 2001 Renewal: Epi's - A Basque Restaurant at 1115 South 15t Street: Approve (- ( Meridian City Pre-Council Meetf'-'8 December 5, 2000 Page 11 Item o. Item P. Item Q. Item s. Item T. Item v. Beer and Wine 2001 Renewal: Bill-N-Lynn's Place at 229 W. Franklin Road: Approve Beer and Wine 2001 Renewal: Albertson's No. 164 at 20 East Fairview: Approve Beer and Wine 2001 Renewal: Albertson's No. 180 at 3301 West Cherry Lane: Approve Beer and Wine 2001 Renewal: Applebee's at 1460 North Eagle Road: Approve Beer and Wine 2001 Renewal: EI Tenampa at 729 East 1st Street: Approve Beer and Liquor 2001 Renewal: Fiesta Guadalajara at 704 East Fairview Avenue: Approve Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Everything on the beer and wine looked okay to me on all the applications. Captain Musser is leaving us. De Weerd: He leaves when it comes to his part. Musser: One of my officers is waving at me, so I apologize. The Chief did not indicate that he had any problems with any of the listed renewals at the time, so I do not have any information to pass on to the Council. DeWeerd: Thank you. Item R. Agreement for hookup to City Sewer by Warren and Jeanie Pemberton at 940 South Mustang Drive: Corrie: Gary, the agreement on the hook-up is fine. Smith: Yes, I believe it has been mailed to Pembertons or will be upon approval of the Council. Item 4. Steiner Development and the City of Meridian Land Swap at The Lakes at Cherry Lane No.8 and Cherry Lane Golf Course: Bird: Mr. Mayor. ( Meridian City Pre-Council Meetii'i~ December 5,2000 Page 12 (-- Corrie: Mr. Bird. Bird: On the regular agenda, we had at the planning session Gary had brought forward a deal regarding that agreement on the City of Meridian land swap with the Lakes of Cherry Lane regarding the length of the tiling of the ditch. Is there anything we can do, Mr. Nichols? Nichols: Councilman Bird, Mayor, members of the Council, since it is on the agendas and ordinance and I advice Steve Bradberry that this issue came up, although not in great detail did I, but I think that it is appropriate to go ahead and talk about it. The actual agreement itself has not yet been signed by the City. I think that they may be here later and may be prepared to address the issue with the Council in terms of value per value issues, or I also understand that Mr. Campbell on behalf of Steiner Development may have made a subsequent commitment with regard to additional tiling of the ditch, which if that is the case I do not know if there is an issue there or not. I think you just take up the ordinance and you just talk about the ordinance does not necessarily mean that you have to immediately launch into the first reading, you can still talk about it. The thing is that the public hearing has been closed, but I do not know that necessarily means that you cannot take additional information from the staff, and / or the other party. It is not like a Planning and Zoning applications to where you have to close the public hearing in order to have a record upon which you act. I guess what I am telling you is I think there is some flexibility there to be able to discuss the issue and take it up at the time, and as long as Steiner and / or their representative is here to be able to do that you should be okay. Item 3. Sign Ordinance: Nichols: Mr. Mayor, Members of the Council, also, I do not think the sign ordinance is ready because we are waiting on some graphics to be able to plug into that. So that is not ready to go, that should be tabled until the 19th; I think it will be ready by then. I think that some outsourced work that we are waiting on for the graphics. Item 8. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Nichols: Also, on Item 8 which is the Autumn Faire Subdivision Final Plat, the property is not, I do not think it has been annexed yet, and there are a couple of issues on the Development Agreement side that we may need to talk to the Council about. There is one issue I need to talk to Shari about, but the other issues are relatively straightforward I think. This one is not ready to go. We have not even annexed the property yet. ( Meridian City Pre-Council Meeting December 5, 2000 Page 13 Bird: Do we need to table that? Nicholson: I would say it should be tabled and I think Shari would have may issues with regard to the completeness of the final plat application. I guess I would ask Shari to comment on that one. Stiles: Mr. Mayor and Council, we did request in our comments regarding the final plat that they make some changes as they do not comply with the conditions of approval of the preliminary plat. I would like to see those presented to the Council prior to your taking action on it. As far as their comments, I can address that, I believe the applicants representative will be here tonight. Item 10. Final Plat Time Extension: Request by Glenn Johnson Homes for a time extension for the signing and recording of final plat for Hartford Subdivision - northeast corner of East Ustick Road and North Ten Mile Road: Stiles: I also had an additional note on Item 10, the final plat time extension on Hartford subdivision should have been noticed as a public hearing for a variance, and it was not. So, we will need to notice that and get it on the agenda for January 2. Bird: So we need to table this until January 2? Stiles: Yes, weill guess take no action because it really is not a valid item at this point. Item 8. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road: Bird: Mr. Mayor, Shari, on Item 8, you are saying when do we need to table that to? Till the 19th or do we need to take it to January 2nd? Stiles: I believe we will get revised plats in this week so they should be able to go by the 19th if they get their Development Agreement signed. De Weerd: Mr. Mayor, is that an issue the Development Agreement, as far as signing It? Is it reasonable to assume that they will have it done in two weeks? Stites: I do not know really what is remaining on it. Nichols: Councilwoman DeWeerd, Mayor, Members of the Council, there are a couple of issues on there with regard to the annexation of the outparcels that ( Meridian City Pre-Council MeetiH;:;; December 5, 2000 Page 14 were identified which were actually not owned by Langley Farms but owned by the principals of Langley Farms. That is one issue. There is another issue about, and this is what I have to talk to Shari about, the phase at which the park site is supposed to be donated to the City. I think in the findings of fact that it indications Phase IV, and I think they may have been thinking Phase I of Autumn Fair No.2, I will have to look at Susan Wildwood's letter again and I want to show that to you. Most of the things that they have asked for are not very critical with regard to the deal. We do have this annexation issue on this out parcels, and there are just a couple of issues there. One is there is a requested that they not have to hook up to City water and sewer until the use of the property changes and I know that that was an issue that was discussed at the Planning and Zoning Commission level. Gary, Shari and I talked a little about that a bit this afternoon because the owner of the property that was subject to this development application is different than the owners of the out parcels. Corrie: So are we going to have time to do that, Bill, on the 19th? Nichols: I think so. Corrie: Good. Thank you Shari. Janice. Item 12. Department Reports: A. City Treasurer - Janice Smith: Treasurer's Report: Smith: Thank you Mayor and Council. For the Treasurers report this month we are starting our new - It will be October on your expenditure report you received, and your investment summary is also for the month of October. I will make this brief because I know we have a lot here on the agenda. Just a quick overview of the revenue for the General Fund: We took in $169,000, and we are spending $787,00. We will be receiving proper tax money the first of the year, so right now we are operating on our fund balance. Also, you'll make note that this report does not show any correcting it or adjusting entries. We are right in the middle of an audit; two days in. You will receive ending audit report in December for October. At that time after the audit is complete, the carry-forwards on the capital projects which we had the parks and the water and sewer will show up on that, hopefully December report. If it is delayed I will let you know. When you go into the second fund that we have is our Enterprise Fund. It looks a little better. The Enterprise consist of the water and sewer brought in $794,000, and at this point they are spending $372,000. They do have some big projects going in, a big bulk of the money will be going out in June. Since we knew they were not going to be spending a lot of money, the Investment Committee go together and took $3,000,000 out of the checking account because -- $3,300,000 out of the checking account because we knew we were not going to be using that money ( Meridian City Pre-Council Meetir,~ December 5, 2000 Page 15 until June. We gave that money to our Investment Committee -- our investment brokers, and they invested it into some new CDs. They have gotten two new banks, Idaho Banking Company from Eagle and Syringa Bank were fighting over the money. So, our investment brokers put $2,570,000 into Idaho Banking and interest to 7.25 percent and that is great for Enterprise. We are going to need that in June. We also went with Syringa Bank and also Farmers Merchant Bank over six-month and twelve-month maturities. They would only go up to 6.85 percent. That is why the majority went the Idaho Banking. Overall, the investment brokers put in 5.25, we had some CD's come due, so they did some good investing this last month. You will not see that probably until December report on investment cash summary because we just did it today. Other than that I did give you the wage report just tonight, and then we are working on our procedures on our purchase order and we will keep you updated on how that is going. So if you have any other questions? Thank you. c. City Clerk - Will Berg: 1. Request by Jeff Manship to discuss Tremont Place Subdivision Development Agreement: Corrie: On your request with Jeff Manship, are they here? They're not? Anything else from the Council at this point. Okay, when we open, we will have the consent agenda done, and on the regular agenda we will have the Police Department swearing-in ceremony right at the beginning of the regular agenda. It looks good to see all that bodyguards out there. Okay, if I hear nothing further, I move that we close the agenda items here at Pre-Council Meeting, and we will come back into session at 7:30 p.m. Bird: So moved. Anderson: Second. Corrie: Okay. Motion made and seconded to go out of Pre-Council Meeting and to come back at 7:30 p.m. in Regular Meeting. All those in favor say, aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:23 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( Meridian City Pre-Council Meetlrl~ December 5,2000 Page 16 APPROVED: _ SE1flL: ~ --;. - M -; ~~ ({ Pi ~ ~"O( , ~;I 9 ,~.. ~ 0 ~"'.t,:::'l r 181 ' ...c . ./g:' .1/. '~'i ~ ""---- ^ ~... ,. ~:. "/,r/ , ~ ~~: f< "; ~ ..~. r ~~,,1 \{l~1o.'" ":'Iil/~,:!'{ . . ;'., ~,:yS' MAYOR Robert D. Corrie ( HUB OF TREA.SURE VALLEY {-- ( A Good Place to Live ( CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fa~ (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL 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, December 19th, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items and department reports) which are on the regular scheduled City Council meeting. The public is welcome to attend. DATED this 15th day of December, 2000. JI~~j)~if~ WilliAM G. BERG, JR. - IT CLERK ** TX CONF I RMAT I ON REPORT ** AS OF DEe 15 'r-. 16:06 PAGE.0! r I ( CITY Of. .I D I ~N DATE TIME TO/FROM MODE MINI'SEC PGS CMD1:t STATUS 05 12/15 15:42 PUBLIC WDRKS UF--S 00'11" 001 012 OK 06 12/15 15:43 LEGAL DEPARTMENT EC--S 0a'23Jt 001 012 CK 07 12/15 15:44 8841159 EC-S 00'21" 0131 012 OK 08 12/15 15:45 2088840744 EC-S 00'21" 0131 012 OK e9 12/15 15:48 208 898 Sse1 EC--S 00'20" 001 1012 OK 18 12/15 15:49 LIBRARY EC--S 00' 23" 1301 012 OK 12 12/15 15:51 208 888 6854 EC--S 00'21" 001 012 OK 13 12/15 15:51 8950390 EC--S 00'28" 001 012 OK 14 12/15 15:53 Laurel EC--5 00'21)} 001 012 OK 15 12/15 15:53 CHERRY LANE EC-S 00'2391 001 012 OK 16 12/15 16: e6 POLICE DEPT ---5 130' laB" 000 12'12 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- MAYOR RO~rl D. Corrie: HUB OF TREA.SURE VAUEY A Good. PJace [0 Live CITY OF MERIDIAN I..ECiAI.. DEPARTMENT (2G8) 188.:td9Q · F~l( 28R-1501 CITY COUNCIL MEMB ERS Ron Anderson Keith Bird Tammy d~Wc~rd Cherie McCandJess 33 EAST IDAHO MERIDJAN, IDAHO 83642 (208) 888.4433 · Fu (2M) 881.4813 City Clerk Office Fax (208) 888-4218 PU9L1C WORKS BUlLDlNG DEPARTMENT (208) 867 -2:l n · f:lx 887-1297 PLANN1NG AND ZONING DEPARTMENT (lOS) 8S4.SS3) · FJ-t SB8~8.s4 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE rs 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. December 19th. 2000 at 6:30 PM. The Meridian City Council wjlJ discuss agenda items and department reports) which are on the regular scheduled City CouncJl meeting. The public is welcome to attend. DATED this 15th day of December, 2000. dI~~~~.9- WILLJAM G. BERG. JR. J'fY/CLERK j;/I-e tl J-e /~) J j, -h.-t fu i~ C/c. No j) ~ - J}1Vf,l'/~! Meridian City Pre-Council Meeting December 19. 2000 The Meridian City Pre-Council meeting was called to order on Tuesday, December 19, 2000, at 6:30 p.m. by Mayor Robert D. Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy de Weerd, Keith Bird Others Present: Shari Stiles, Gary Smith, Sill Gordon, Bill Nichols, Will Berg Item C. Findings of Facts and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi- family residential and office and retail use by Touchmark Living Centers - Joseph A. Billig - east of St. Luke's between Franklin Road and Interstate 84 Corrie: The consent agenda Council will be little changed as you may have noticed. Item C on the consent agenda they have asked that that is tabled to February 20, 2001 , that is Touchmark Living Centers. Item H. Agreement for hook-up to City Sewer by Dianna Williamson - 2440 South Locust Grove Road Corrie: Then I guess a question I had on Item H, have we got the signed agreement Gary on that hookup with Diana Williamson? Smith: Yes, Mr. Mayor she was in today and signed the agreement at our office. Corrie: Okay, thank you. Item 2. Steiner Development and the City of Meridian Land Swap at The lakes at Cherry Lane No.8 and Cherry Lane Golf Course Corrie: Item 2 on the regular agenda that has also been asked if we could table that until January 2 when they land swap - I guess they have not got the agreement to sign since (inaudible) passed away and they have not had a chance to get with the family. Item 6. ;; ~ft RZ-OO-005 Request for Rezone of 10.04 acrEis from R-8 to C-N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road Meridian City Pre-Council M~ December 19, 2000 Page 2 Item 7. CUP-00-048 Request for Conditional Use Permit to construct a 58,000 square-foot retail commercial building, four fuel stations with a kiosk and 10,500 s.f. multi-tenant retail commercial building for the proposed Linder Crossing by Hawkins Companies and Stubblefield Development - southeast corner of Cherry Lane and Linder Road Corrie: Also Items 6 and 7 have been requested to be tabled until the February 20 meeting that is on Linder Crossings by the Hawkins Company. February 20? They had some things in there that I talked to them about and they said they wanted to meet with staff again and go over some things they were not too sure about. That is all I have. Item A. Approve minutes of December 5, 2000, Special Pre-Council Meeting Item B. Approve minutes of December 5, 2000, City Council Meeting McCandless: Mr. Mayor. Corrie: Yes, Mrs. McCandless. McCandless: The minutes of December 5 Pre-Council meeting and also the City Council meeting will have to be corrected. They have a temporary doing the minutes, and they have Shari Stiles and myself mixed up. They have me making a whole bunch of statements in there. (inaudible discussion amongst Council members) Corrie: Okay, we can certainly correct that. McCandless: Do you want to know where that is? Corrie: Okay. Which one? McCandless: On the Pre-Council meeting, it is page 11 and 12 and on the regular Council meeting it is page 21. Will said that we would have those corrected. Bird: They just spelled it wrong. McCandless: No. Corrie: Okay, all right, and we will (inaudible) Nichols: Mr. Mayor. Meridian City Pre-Council Me" December 19,2000 \ Page 3 Corrie: Yes, Mr. Nichols. Nichols: Mr. Berg wishes to be recognized. Berg: Mr. Mayor and members of the Council, if you would like, I could get those corrected, and I could have those on the agenda for January 2; whichever way you would prefer. If you would like to see a cleaned up, they are not very big minutes. McCandless: There are a lot of typos in there now. Bird: Can we pass it with corrections? Is that okay with you Cherie? McCandless: Sure. Bird: How about you Mrs. Stiles? Stiles: I guess if they want to go with grammatical misspellings then - Corrie: Just put it out that whatever the Council -- if you want to approve it with the corrections that they make, you can do that or you can have it corrected and brought back. Which one did you want Mr. Berg? Do you want to see it done that way or just crossed out and just put the right name in? Berg: Mr. Mayor and members of the Council, I would like to see them presented to you in a good fashion, and if there are some grammatical errors, I will make sure that we get them corrected and double-checked. I do not like to hear that, and we can do whichever we want. If there are a lot of grammatical errors, I would like to go through that and correct them before you approve them so that it is a nice clean copy for public record. Corrie: Okay, we can pull those two out and deal with them next time. (inaudible discussion amongst members) Item 4. FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC - south of Ustick Road and west of Black Cat Road Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Meridian City Pre-Council M~ December 19, 2000 ' Page 4 Nichols: Mr. Mayor, members of the Council, Item 4 which is the final plat on Autumn Faire, today I worked out the last details on the development agreement with the attorney for Autumn Faire and so a revised development agreement will be prepared tomorrow. We need to annex the property before we can approve the final plat, so if we put this off until January 2nd, we can have the Ordinance for the annexation on January 2nd and can do the final plat with the Development Agreement. Ms. Stiles may have some comments. Stiles: Mr. Mayor and Council, I just do not think January 2nd is going to be enough time for them to bring in a revised plat and have us review it with the short staff we are going to have the next two weeks. Nichols: Excuse me, Mr. Mayor. Corrie: Mr. Nichols. Nichols: Shari, were they revising that final plat? Stiles: The final plat does not comply with Ordinance requirements, so we were asking for a new plat. Nichols: You worked that out with Mr. Stanfield at the last meeting? Stiles: That is -- were our comments. Nichols: We can put it on the agenda for the January 2nd meeting. If they have not turned it in, and they do not have it done we can at least take care of the annexation ordinance and defer the final plat. Corrie: Any other questions? Mr. Bird? Item 3. Sign Ordinance McCandless: We were waiting for graphics or something. Bird: I was going to say nothing has been changed. Corrie: Has any of the graphics come in on the Sign Ordinance yet? Stiles: No we did get a bid for that though just this week, and they are going to have those completed by January 18th. Corrie: So we do not need to have the Ordinance yet? Bird: I don't know how you can. Meridian City Pre-Council M~ December 19, 2000 ' Page 5 Corrie: I don't know how you can without the - okay we are going to table it until the - if we keep going, Frank, you can go home early tonight. Bird: We can all go home early. Corrie: So what time, Shari? Do you want to table, too? Stiles: January 18th. Corrie: January 18th? Bird: That's not on a Tuesday. January 16? Corrie: That's the third Tuesday? Is that correct? Bird: If they're not going to have it ready until January 18 - Stiles: No, it was the second meeting - well, now the third meeting. Corrie: Is there anyone around that has pull with these little things that can call, or will call and see if they will bring us a (inaudible) on tap? We are running out of - what is that deed? The second or the third Tuesday is what, January 16? We have been asked to table everything but about three items, I think that is going to be pretty good. Item E. Beer and Wine License Transfer: Corona Village from 39 East Fairview Avenue to 21 East Fairview Avenue Item F. Beer, Wine and/or Liquor Renewals for 2001 De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: On the Consent Agenda, does the Chief have any problems with Item E or Item F for the Beer and Wine License transfer and renewals? Gordon: Mayor and Council, no. Nor do I have any problems with Corona Village moving. They are just moving to a larger space just to the west over there. Corrie: Anything else? Item B. City Attorney - Bill Nichols: 1. Financing of Police Station Meridian City Pre-Council M~ December 19, 2000 Page 6 Nichols: Mr. Mayor. Corrie: Yes, Mr. Nichols. Nichols: Under Department Reports could we insert under there a discussion of the financing for the police building? You should have a memo on the steps of the judicial confirmation process, or we can talk about that some. Corrie: Also, there was a question about the irrigation ditch. There we might discuss that a little bit also and attorney fees. We have that there is an irrigation ditch that runs through the police - whether you want to tile it or leave it open? If they want to leave it open they will have to take a waiver. Then Richard Skinner there is also his bill. I need to find out which budget you want that to come out of. (inaudible discussion amongst members) Corrie: Anything else? Item D. Findings of Facts and Conclusions of Law: VAR 00-021 Request for a variance to place a 23'-3" by 10' internally illuminated electric pylon sign in an undeveloped part of the industrial technical park by DBSI Industrial - NWC of Stoddard and Overland Roads Stiles: Mr. Mayor. Corrie: Shari. Stiles: This is a minor Item D on the Consent Agenda. The variance was for the off-premise sign: it is pretty specific about a 23-foot, 3-inch, but they have now requested a 3D-foot sign which would still comply our new Sign Ordinance if the off-premise sign was what the variance was for, not anything to do with the actual dimensions of the sign. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Shari, did we get the item wrong, or did they just change their mind on the size of the sign between when they submitted their initial application and now? Meridian City Pre-Council M~' December 19, 2000 ' Page 7 Stiles: They changed their mind on how big they wanted it because they are only allowed one center sign per the proposed Sign Ordinance, so they wanted to go from 23-feet to 3D-feet which is still in accordance with the new Sign Ordinance. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor, members of the Council, I would simply recommend that you adopt these findings as they are presented and Ms. Stiles can - if the variance is for the off-premise sign and so the actual height is going to be in compliance with the proposed Sign Ordinance, I do not see any problems with just going ahead and allowing her to issue the approval. Item 5. AZ 00-006 Request for annexation and zoning of 12.73 acres from RT to L-Q and R-15 zones by Vicki Welker / Gold River Companies, Inc., for proposed Valeri Heights Subdivision at the northeast corner of W. Pine Avenue and N. Ten Mile Road Stiles: Did you say that you still do not have that Development Agreement on Valerie Heights? Bird: I understand that we have it. I saw it in here, and I saw it signed by them. Stiles: You did see it signed? Bird: Yes, right in front there. It is signed by somebody - Vicki Welker, and it was attested by Valerie Kaleen secretary and the owner David Fuller and Shirley Fuller, and this was done on December 5th under a Notary. Is this the one we are looking at? Item 11. RZ-OO-007 Request for Rezone of 6.95 acres from L-Q to C-G for the proposed Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and North Hickory Way Stiles: I was just curious. Under Item 11 under the Regular Agenda, did you note that the applicant request withdraw of that application? Bird: Yes. Stiles: Gary had some things. Corrie: Gary. Smith: Mr. Mayor, Council members, I just wanted to make sure that this cooperative agreement between ACHD and ITD and the City of Meridian is on Meridian City Pre-Council M~' December 19, 2000 I Page 8 ( the agenda for the second meeting in January to discuss for that Locust Grove Road Overpass project. That is alii had. Thank you. Berg: I had that item put down for the workshop on the second meeting in January. I can change it, but that is how I had my notes for the workshop, which was January 9th. Is that correct? Item B. City Attorney - Bill Nichols: 1 . Financing of Police Station: Corrie: I guess if you want, Bill, do you want to discuss that program? Nichols: Certainly, Mr. Mayor, if I may. I can pass out to the Mayor and members of Council a memo. Mr. Mayor, members of the Council, in exploring the options available to finance the new police building one of the things that has come up is since the City owns the acreage where the police building is designed to go, some of the alternative financing options are very difficult to do and still obtain a good interest rate. We have had some meetings with Rick Skinner who is a special bond counsel retained by the City, representative of First Security Bank and their government financing department and City Officials with regard to how we might be able to best finance this and obtain the best interest rate and so forth. In some discussion we have had - if you recall we have had a meeting with Mr. Skinner some months ago, options were explored, but what it comes down to is it looks now like the option of pursuing a Petition for Judicial Conformation offers the best interest rate and the cleanest way of getting this project financed. The purpose of the memo that you have before you is to outline what those steps are and what kind of time line you are looking at as far as getting in front of a judge on a judicial conformation. I understand Garden City received judicial conformation with regard to their - I believe it was a police station and the showing that has to be made is that you have such a need for the facility that it is an ordinary and necessary expense which allows you to go to a multi-year financing. This then will allow you to use your interest from your general funds investments to make those payments on these Certificates of Participation and finance this construction of this police station. It is a process you can see that it is probably going to take I think it is about 59 days from start to finish if everything goes click, click, click. If we are going to do this, we need to get the process started, and it starts with the proposed Financing Lease and Trust Agreement and financing documents are prepare and so forth because they have to accompany the Petition for Judicial Conformation. Then we would proceed with filing the Petition for Judicial Conformation scheduling the request hearing for the City Council - excuse me we have the hearing first then we have the petition get the actual court hearing scheduled and go from there. There is another option, which is to create an Urban Renewal District within the City, and then there are some things that can be done that way but it is not necessarily really much quicker to do it that way by using the judicial-conformation process, Meridian City Pre-Council M~' December 19,2000 Page 9 ( assuming a favorable decision by the lower court judge we will receive a better interest rate. Corrie: Any questions? Bird: Mayor. Corrie: Mr. Bird. Bird: If I may, I would like to (inaudible) if we go through the judicial review the 5.038 percent or less would be your interest? Anderson: As compared if we did not do it? Bird: If we went the other way, Ron, it is going to be - we do not know what the (inaudible) will be but it could be up here higher in the 5.75 percent to 5.70 percent. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I do not think there is a question that we can show the need. Maybe the Police Department can get a copy of what Garden City used and at least then we would have the template to adjust it to our own circumstance. Nichols: Mr. Mayor. Corrie: Mr. Nichols: Nichols: Mr. Mayor, Councilwoman de Weerd and members of the Council, Rick Skinner was involved in the Garden City financing and you build your case with all due difference to the expanding of their skills. This is the lawyer's prerogative to build the case by establishing the evidence to show the need. Including the situation in the current police station the priors - the facility study that you had done that estimated the space needs to project out through the year 2020 all of those things factor into how you establish to a judge that this is an ordinary and necessary expense which then allows you to do a multi-year financing. We are well aware of the Garden City situation. Our particular office has had a more than one judicial conformation. We received approval for the Nampa Recreation Center and some other things which are very necessary but probably not near as necessary as a police station. We are talking about public safety. You are looking at the very small building that you have now, the size of the police force, and with all of those factors we can get it done. Eric Rossman in particular has done at least two or three of these and we are hiring a new lawyer that will come on board next month that has had some experience with these things to. When I Meridian City Pre-Council M{ December 19, 2000 ' Page 1 0 ( say "we," I mean the firm. We are not unaware of the need to put together a good case to show why it is necessary. Mr. Skinner has done these allover the state and he understands what is necessary to get it done. Bird: First Security has been involved in this? Nichols: Yes. De Weerd: Mr. Nichols, can that be done in a short timeframe? Nichols: While we are talking about, Councilwoman de Weerd, is to have the first step is to tell the bank "yes/' this is the way we are going to go. Then they put together the Lease Trust Agreement and related financing documents so that we can then have those and then have a public hearing on it. Th(3 statue requires that the public hearing has to be noticed at least 15 days before the hearing. You hold a specific hearing, you take testimony, then 14 days after that hearing is the soonest you had adopt a resolution to authorize the filing. Then you file the petition you have to publish notice and so forth you cannot have a hearing on that petition any sooner than 30 days after you have filed it. Then after the decision is made there is a 42-day appeal period that has to pass before so that there is no chance of somebody appealing the judge's decision and at that point you are good to go. De Weerd: You started working on this yesterday? Nichols: The bank has to put together the documents first. Corrie: We have to approve it tonight at the end. Nichols: I am convinced that if you say yes during your regular meeting that Bud Way and the others at Wells Fargo will be please to put the stuff together in a hurry. Corrie: Any other questions? Then we will have it come up on the last thing of the agenda. Bird: Mayor, may I have the City Clerk in between sessions make a copy of these? Corrie: Yes. Will you make about six of them? Keith said he would be able to go tomorrow night to that ACHD meeting on Maple Grove. I sent a letter I think all of you received a copy of it. Would anyone else like to go down there? I have another place I have to go, but I have already talked to all four - the Commissioners I guess there are five of them and I think they are in agreement with us. If you want to go down there at 7:00 p.m. it is at the ACHD auditorium. I said we would probably get at least the President of the Council to go down, they Meridian City Pre-Council M( December 19, 2000 ' Page 11 have everything ready to go anyway. It will just kind of reiterate what was said in the letter. Anything else? Staff anything? With that we will just take a recess and then we will come back and go out of the pre-council into the regular meeting then. De Weerd: Mr. Mayor. Corrie: I move that we close the Pre-Council meeting. Bird: Second. Corrie: Motion made and seconded to close the Pre-Council meeting at 7:00 p.m. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: WILLIAM G. BERG, JR., IT