HomeMy WebLinkAbout2000 05-02
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MERIDIAN CITY COUNCIL
AGENDA
MAY 2, 2000 @ 7.:30 P.M.
CITY COUNCIL CHAMBERS
Roll-Call :
X Tammy deWeerd X Cherie McCandless
X Ron Anderson X Keith Bird
X Mayor Robert Corrie
Consent Aaenda
A. Approve minutes of April 18, 2000, Special City Pre-Council Meeting:
Table until May 16, 2000
B. Approve minutes of April 18, 2000, City Council Meeting: Table until May
16,2000
c. Approve minutes of April 4, 2000, Special City Pre-Council Meeting:
Approve
D. Tabled from April 18, 2000: Findings of Fact 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: Table until May 16, 2000
E. Tabled from April 18, 2000: Findings of Fact and Conclusions of
Law: PP 99-010 Request for preliminary plat for proposed Bear Creek
Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC
- east of Stoddard Road and south of Overland: Table until May 16,
2000
F. Findings of Fact and Conclusions of Law: PP 00-016 Request for
preliminary plat for 45 building lots on 8.25 acres for proposed
Woodhaven Subdivision by Dan Wood / D.W., Inc. - west of Eagle Road
between Overland and East Victory: Table until May 16, 2000
G. Findings of Fact and Conclusions of Law: CUP 00-010 Request for
Conditional Use Permit for an 1800 s.f. home/office to be used as office
space/relocation in a C-N zone by C.W. Construction, Inc. - West Barrett
Drive south of Franklin Road: Approve
May 2, 2000 Meridian City Council Agenda
Page 1
Materials presented at public meetings shall become property of the Meridian City Council.
(f-
H. Findings of Fact and Conclusions of Law: VAR 00-005 Request for
variance from conditions of platting and City Ordinance 12-5-2.N regarding
pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial
Enterprises, LLC - south of Franklin Road between Meridian and Linder
Roads: Approve
J. Water and Sewer Line Crossing Agreement for Vienna Woods
Subdivision: Approve
K. Approve Bills: Approve
Reaular Aaenda
I. Water and Sewer Hookup Agreement for Opal C. Farrington: Approve
with corrections
1. Ordinance No. 873: Adult Entertainment Ordinance relating to zoning
schedule: Approve
2. Tabled April 18, 2000: Ada County Development Services 00-10 PDR
00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots
on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan
Road: Deny request
3. Public Hearing: AZ 00-005 Request for annexation and zoning for
proposed Stratford Business Park of residential and professional offices
from R- T (Ada County) to R-8 by Howell Murdoch Development Corp:
City Attorney to prepare Findings of Facts and Conclusions of Law
for approval
4. Public Hearing: PP 00-004 Request for Preliminary Plat for 40 building
lots on 3.98 acres in an R-40 zone for proposed Heron Brook
Townhome Subdivision by Pinnacle Engineers, Inc. - northeast corner
of Meridian Road and Blue Heron Lane: City Attorney to prepare
Findings of Facts and Conclusions of Law for approval
5. Public Hearing: CUP 00-011 Request for Conditional Use Permit for a
40-lot town home development in an R-40 zone for proposed Heron Brook
Townhome Subdivision by Pinnacle Engineers, Inc. - northeast corner
of Meridian Road and Blue Heron Lane: City Attorney to prepare
Findings of Facts and Conclusions of Law for approval
May 2, 2000 Meridian City Council Agenda
Page 2
Materials presented at public meetings shall become property of the Meridian City Council.
6. Public Hearing: VAR 00-007 Request for parking variance - request for
no off...street parking for Generations Park Plaza I by Gary Benoit - at
East 1st Street and West Idaho, Old Town: City Attorney to prepare
Findings of Facts and Conclusions of Law for approval
7. Public Hearing: VAR 00-008 Request for parking variance - reduction
in required parking spaces for Generations Park Plaza II by Gary Benoit
- at East 1 S Street and West Idaho: Improperly noticed - scheduled for
May 16, 2000 - Re-notice
8. CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for
RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road:
Meeting with staff to work out
9. CUP 00-018: Request for Conditional Use Permit for a proposed high-
tech manufacturing facility I machine shop in a C-G zone on a vacant lot
on Lot 5, Block 2 of Troutner Business Park by Joseph Heilker: City
Attorney to prepare Findings of Facts and Conclusions of Law for
approval
10. V AC 00-003: Request by Ronald C. and Rafanelli Nahas for a vacation
of public utility easement in a C-G zone - Lots 12, 13, 14, and 15 of Block
2 of Central Valley Corporate Park No.5: City Attorney to prepare
Findings of Facts and Conclusions of Law for approval
11. CUP 00-019: Request by Jeff and Mike Hon for a Conditional Use
Permit for planned unit development for two principle buildings on a single
lot in Honor Park Subdivision No. 2 in a C-G zone - 357 E. Watertower
Lane: City Attorney to prepare Findings of Facts and Conclusions of
Law for approval
12. FP 00-004: Request for Final Plat approval of 32 building lots and 5 other
lots 12.801 acres in an R-4 zone for Tarawood Subdivision by
Michelangelo Investments, LLC I Frank Stopello: Table until May 16,
2000
13. FP 00-007: Request for Final Plat approval of 1 02 lots and 14 other lots
on 31.94 acres in an R-4 zone by Projects West, Inc., for English
Gardens Subdivision: Table until May 16, 2000
14. TE 00-002 Request for a 45-day time extension for Oliason Park
Subdivision by Tony Hickey - % mile west of Locust Grove Road on Pine
Avenue: Approve
May 2, 2000 Meridian City Council Agenda
Page 3
Materials presented at public meetings shall become property of the Meridian City Council.
(
15. Water, Sewer and Trash Delinquency: Table until May 16, 2000
16. Department Reports:
A. City Councilperson - Tammy deWeerd:
1. Pathway Master Plan Committee I Sub-Committee of Parks
and Recreation Commission: Tabled until May 16,2000
B. Parks and Recreation Director - Tom Kuntz:
1. Purchase of a skid steer: Approve
c. City Engineer - Gary Smith:
1. Engineering Agreement - Ustick Water Line Extension:
Approve
D. City Attorney - Bill Nichols:
1. Latecomers Agreement I Refund: Approve
E. Mayor Corrie:
1. Wasson - lighting problems with strip mall at Ten Mile and
Linder: Discussed
May 2, 2000 Meridian City Council Agenda
Page 4
Materials presented at public meetings shall become property of the Meridian City Council.
G.
H.
MERIDIAN CITY COUNCIL
AGENDA
Roll-Call:
MAY 2,2000 @ 7:30 P.M.
CITY COUNCIL CHAMBERS
X Tammy deWeerd X Cherie McCandless
X Ron Anderson )( Keith Bird
X Mayor Robert Corrie
Consent Aaenda
A.
Approve minutes of April 18, 2000, Special City Pre-Council Meeting:
#b&- ~-nl ~-IG-t'tI
Approve minutes of April 18, 2000, City Council Meeting
~~ ~7 ~--(b-&j)
Approve minutes of April 4, 2000, Special City Pre-Council Meeting: ~J1fYPv.e--
Tabled from April 18, 2000: Findings of Fact 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 7~(6 -pi)
B.
c.
D.
E.
Tabled from April 18, 2000: Findings of Fact and Conclusions of
Law: PP 99-010 Request for preliminary plat for proposed Bear Creek
Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC
- east of Stoddard Road and south of Overland:
-hv6U-~2 S-(6-C1U
Findings of Fact and Conclusions of Law: PP 00-016 Request for
preliminary plat for 45 building lots on 8.25 acres for proposed
Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of Eagle Road
between Overland and East Victory:
~Ue-~~I S---/6-t)o
Findings of Fact and Conclusions of Law: CUP 00-010 Request for
Conditional Use Permit for an 1800 s.f. home/office to be used as office
space/relocation in a C-N zone by C.W. Construction, Inc. - West Barrett
Drive south of Franklin Road:
~;n-o VJL-
Findings of Fact and Conclusions of Law: VAR 00-005 Request for
variance from conditions of platting and City Ordinance 12-5-2.N regarding
pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial
F.
May 2, 2000 Meridian City Council Agenda
Page 1
Materials presented at public meetings shall become property of the Meridian City Council.
2.
3.
4.
5.
6.
7.
8.
1.
Enterprises, LLC - south of Franklin Road between Meridian and Linder
Roads: ~DV~
Water and Sewer Hookup Agreement for Opal C. Farrington:
~ jJ-rov.e ~/rlL C~ ch in-->..3.
Water and Sewer Line Cross-ing Agreement for Vienna Woods
Subdivision: ~V'~
Approve Bills: ~v-e-
Reaular Aaenda
Ordinance No. &73 : Adult Entertainment Ordinance, relating to
zoning schedule: Cbffrovv
Tabled April 18, 2000: Ada County Development Services 00-10 PDR
00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots
on 40.69 Acres by Steve Smith - % mile east of Eagle Road on McMillan
Road: de.1r-~ /f,{.~.t-
Public Hearing: AZ 00-005 Request for annexation and zoning for
proposed Stratford Business Park of residential and professional offices
from R- T (Ada County) to R-8 by Howell Murdoch Development Corp:
P,r-~'1 f-o /1'-€f>~ J/+ f c/~ I
Public Hearing: PP 00-004 Request for Preliminary Plat for 40 building
lots on 3.98 acres in an R-40 zone for proposed Heron Brook
Townhome Subdivision by Pinnacle Engineers, Inc. - northeast corner
of Meridian Road and Blue Heron Lane:
a-t:~ ~ ~p~/lrFicIL
Public Hearing: CUP 00-011 Request for Conditional Use Permit for a
40-lot townhome development in. an R-40 zone for proposed Heron Brook
Townhome Subdivision by Pinnacle Engineers, Inc. - northeast corner
of Meridian Road and Blue Heron Lane:
~-t-~'l--/9 ~f~ ./Ir t cl.e.
Public Hearing: VAR 00-007 Request for parking variance - request for
no off-street parking for Generations Park Plaza I by Gary Benoit - at
East 1st Street and West Idaho, Old Town:
~~7 -tl7 ~p~ ~/~ { c/..e
Public Hearing: VAR 00-008 Request for parking variance - reduction
in required parking spaces for Generations Park Plaza II by Gary Benoit
- at East 1 5 Street and West Idaho: Improperly noticed -:- scheduled for
May 16, 2000 re-/Uln W
CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for
RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road:
IlA.eRfTr.-t7 wirA-,s-h-lf fP tutJ1,0~
J May 2. 2000 Mendian City Council Agenda
Page 2
Materials presented at pUblic meetings shall become property of the Meridian City Council.
12.
13.
14.
15.
16.
9.
CUP 00-018: Request for Conditional Use Permit for a proposed high-
tech manufacturing facility I machine shop in a C-G zone on a vacant lot
on Lot 5, Block 2 of Troutner Business Park by Joseph Heilker:
a~~Cj -10 ~jJ~<AA!, ,c/,ctc-/~
V AC 00-003: Request by Ronald C. and Rafanelli Nahas for a vacation
of public utility easement in a C-G zone - Lots 12, 13, 14, and 15 of Block
2 of Central Valley Corporate Park No.5:.
tf,-I~ ~ ~f7 t'M-<. -1'1 F $' c l-f
CUP 00-019: ~equest by Jeff and Mike Hon for a Conditional Use
Permit for planned unit development for two principle buildings on a single
lot in Honor Park Subdivision No. 2 in a C-G zone - 357 E. Watertower
Lane: tL~::J -Ie ~jJML ://~ fc/.e.
FP 00-004: Request for Final Plat approval of 32 building lots and 5 other
lots 12.801 acres in an R-4 and R- T zone for Tarawood Subdivision by
Michelangelo Investments, LLC I Frank Stopello:
-fa-~ ~t ~-16-tJo
FP 00-007: Request for Final Plat approval of 102 lots and 14 other lots
on 31.94 acres in an R-4 zone by Projects West, Inc., for English
Gardens Subdivision:
~tJle, ~ '[ s-I b-OtJ
TE 00-002 Request for a 45-day time extension for Oliason Park
Subdivision by Tony Hickey - % mile west of Locust Grove Road on Pine
Avenue: a-~r) v-..e...
Water, Sewer and Trash Delinquency: P-~ ~7. ';---I/-t'O
10.
11.
Department Reports:
A. City Councilperson - Tammy deWeerd:
1 . Pathway Master Plan Committee I Sub-Committee of Parks
and Recreation Commission: ~-16 -00
B. Parks and Recreation Director - Tom Kuntz:
1. Purchase of a skid steer: (vI' pro v~
c. City Engineer - Gary Smith
1. Engineering Agreement - Ustick Water Line Extension: Pj7rv-C/
May 2, 2000 Meridian City Council Agenda
Page 3
Materials presented at public meetings shall become property of the Meridian City Council.
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May 17,2002
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 21,2002
ITEM NO. 3-E
REQUEST Approve minutes from May 1, 2002 City Council Special Meeting
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:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
ArfJ(OV0 1--0
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
Meridian City Pre-Council Meetina
Mav 2. 2000
The Special Pre-Council meeting of the Meridian City Council was called to order
at 6:30 p.m. on Tuesday, May 2, 2000, by Mayor Robert D. Corrie.
Members present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy
deWeerd, Keith Bird.
Others Present: Shari Stiles, Gary Benoit, Tom Kuntz, Bill Gordon, Bill Nichols,
Will Berg.
Corrie: Okay, I'll open the Pre-Council meeting and invite Council to discuss any
items that they would like to discuss. Take off, put on, staff comments.
Item A.
Approve minutes of April 18, 2000, Special City Pre-Council
Meeting:
Item B.
Approve minutes of April 18, 2000, City Council Meeting:
Bird: Mr. Mayor, on the Consent Agenda, we'll have to pull the A , S, and I think
I've seen the C. Have you guys got the C? The minutes? I have them. The
fourth one we had. I'd like to ask staff if any of these Findings of Facts and
Conclusions of Law or anything - are there any problems on the Consent
Agenda with any of it including Mr. Attorney.
Corrie: Okay. Let's start with staff. Any comments on any of these?
Item D.
Tabled from April 18, 2000: Findings of Fact 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:
Stiles: I had some questions on D. We tabled that last time because the
Development Agreement and Ordinance had not been done. We still don't have
those, apparently.
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~ird: Which one's that, Shari?
Stiles: Item D.
Corrie: Touchmark?
Stiles: Yes.
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Corrie: We don't have the Development Agreement yet?
Stiles: I haven't seen a signed one, and it's not annexed yet.
Nichols: Mr. Mayor, Steve Bradbury, the attorney for the applicant called me
today and said he was going to try to see if he could find somebody to be able to
sign the Development Agreement and fax the signature page to the Cit~l and that
apparently didn't come in today. So we need to move that off to the 16 h.
Bird: Table it to the 16th? Okay.
Item E.
Tabled from April 18, 2000: Findings of Fact and Conclusions
of Law: PP 99-010 Request for preliminary plat for proposed Bear
Creek Subdivision - 326 single-family lots on 150.79 acres by
Bear Creek, LLC - east of Stoddard Road and south of Overland:
Corrie: Shari, another?
Stiles: Item E also required a Development Agreement and an Ordinance.
Those have not been on the agenda yet.
Bird: Bear Creek.
Corrie: Okay. You need to table that one, then.
Stiles: Unless Will knows of some -
Nichols: I think those things have been done and they've been sent over, haven't
they, Will?
Berg: I couldn't-
Nichols: The only thing I hesitate about is the Ordinance. I'm pretty sure the
Development Agreement went along with the Findings of Fact.
Berg: We have not received a signed Development Agreement, so as far as I'm
concerned, we don't have a Development Agreement yet. I believe we've sent
them to the applicants.
Item I.
Water and Sewer Hookup Agreement for Opal C. Farrington:
Corrie: Gary, has that Item I, water and sewer hookup agreement with Opal
Farrington been signed? Will?
(
Berg: Mr. Mayor, members of the Council, no it has not. They've had some
questions about one of the lines in there that requires a double hook-up fee.
Corrie: So that needs to be tabled as well, Gary?
Berg: There is some discussion.
Smith: Mr. Mayor, members of the Council, the double - I missed that when I
reviewed it. But the double connection fee isn't part of our Ordinance any longer.
It used to be. So it could be approved subject to changing that particular item.
Nichols: Except typically we wait until the applicant has signed the agreement
then the Council ratifies that by having it on the Consent Agenda. So if they -
we'll need to revise that agreement, have them sign it and have the Council act
on it.
Corrie: Okay. That's for Item I.
Bird: So we'll need to table that to the 16th?
Corrie: Yeah. How about Item J?
Anderson: Is there any urgency to that hook-up?
Smith: There is a little bit. Mrs. Farrington has had, according to her
granddaughter this morning, has had a heart attack, and so they are moving their
schedule to locate the granddaughter, adjacent to her home for care purposes. I
don't know exactly what that means in terms of time, but she - when I talked to
her this morning, she was in the process of getting information from me so that
she could get some bids to put the service lines in place. So she sounded like - I
don't know what tabling it to the 16th would do for them in terms of going forward.
You've already approved, I believe, the connection, and it's just a matter of
getting the agreement signed.
Nichols: Mr. Mayor, if there's a specific concern, what we could do then is pull
this off, put it at the head of the regular agenda, have the Council approve it with
that change, and it would be subject to them signing it and the Mayor and Clerk
attest. We could do that this one time rather than have it on the Consent Agenda
if that's your pleasure.
Corrie: Will.
Berg: Mr. Mayor, members of the Council, talking to the granddaughter, she
expressed more of an urgency before. On the memo that I received from the
attorney, it was kind of backwards to the way I usually do agreements. Usually
we have the applicant sign the agreements before I put them on the agenda, but
it said the other way around. I thought it was something different. So that's why
it's on the agenda. But she is in agreement with the agreement except for the
double hook-up fees which she interpreted at the meeting that that wasn't going
to be the case. She has already applied for annexation yesterday with the
Planning and Zoning Department, so she's committed to her obligation that she
agreed to in the meeting. Just because of her situation, she seemed to be in full
agreement with the agreement except for that wording of the double hook-up
fees.
Bird: Mr. Mayor, is that okay if we move that to 1 a, then?
Item J.
Water and Sewer Line Crossing Agreement for Vienna Woods
Subdivision:
Corrie: Yeah, if you want to. How about the J? Has that been signed? Vienna
Woods Subdivision, the agreement?
Smith: Mr. Mayor and Council members, that has been revised in accordance
with the City Attorney's request for some changes, and it came back from the
District's attorney, Settler's Irrigation District's attorney, with those corrections
made, and I just forwarded that onto Will for your signature and approval. That's
been reviewed by Mr. Nichols.
Corrie: So that's okay? All right.
Nichols: Yes, I have approved the form, Mayor and Council.
Corrie: Bill, did you get that Empire Computer Consultant (inaudible) was kind of
thick, but do you have any comments on that one and (inaudible) Council's
agenda?
Nichols: Mayor and members of the Council, I reviewed the agreement. I think
there's some things that I want to address. What it might be appropriate to do is
to bring up to the Council the concept, the total dollars that are proposed for that
website design, have them approve that subject to us working out the details on
the contract itself which would then have to be on a Consent Agenda at a future
meeting for approval. There are just a couple of things. It looks to me like they
took an agreement from someplace else, ran it through a scanner and not
everything applies to this particular situation. There's at least one inconsistency
in the terms of the agreement between the cover page on the proposed costs
and the body of the contract which talks about an amount of cost. I can show
you those if we get done with Pre-Council before our regular Council meeting, I
can kind of go through and show you some of those items.
Corrie: Okay. The original one that they gave me yesterday had that on the
$24,000 and their part was $7,000. I told them that they had told us that they
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were willing to do half of that labor on their part, so he had to go back and make
sure that that was done right.
Nichols: But there was another part of the agreement that talks about $15,000
total and doesn't really match up with the other part. There are other - the other
issue is I understood the City was going to some kind of a global license for the
access software through the Treasurer's Office, and there's five access licenses
included in this proposal with regard to the website, and it may be that those are
already taken care of through what Janice is doing in the Treasurer's
Department, so that may have to come out.
Corrie: Okay. So what do you want us to do now? Just-
Nichols: Mayor and members of the Council, my suggestion would be that you
have Council discuss and approve if they wish the concept of using this
consultant, personal services contract, for the web page, and secondly, that they
approve a contract amount not to exceed x-number of dollars as per the
proposal, and then we can work on the language of the contract if that's the
Council's pleasure.
Corrie: So we're talking about (inaudible) what they have here?
Nichols: That's right.
Corrie: Any questions from Council?
Bird: Which item is that, Mayor?
Corrie: It's not an item. I need to put it on in her place or - discuss it if you want.
Bird: Is it $15,000 that they're-
Corrie: $18,000. After they got the software (inaudible) talking about some of
the software and the license or something may be a difference there. I don't
know. But it was $18,883 - the first one that came in to me was $21,000. I said
wait a minute. You were taking half, and that's what they did here, and, of
course, the software is ours anyway.
Anderson: Do we have any other quotes?
Corrie: No, other than they - (inaudible) $12,000 (inaudible).
Anderson: I don't know whether that's a good price or not.
deWeerd: Did it go out? How did it go out?
(
Corrie: He just made a proposal to us and said he'd take half of it (inaudible) so I
said, okay, I'd bring it to Council to see if you wanted us to tell him to bring us a
quote, so I did and he did and there it is.
Anderson: If it's under $25,000 you don't have to do a formal bid, but we might
get a couple prices.
(inaudible discussion amongst Council members)
deWeerd: We should have something to judge it by.
Anderson: Is there a formal bid on something like that?
(inaudible discussion amongst Council members)
Nichols: The only thing that I would say, Mayor and Council, is that there are lots
of web designers out there. But this is kind of like hiring an architect. You don't
have to necessarily put it out for bid, and actually writing the specifications for a
proposal that would go out so that you could compare apples to apples - I mean,
that would take some doing in my opinion to write a proposal so that you'd know
that this company is really proposing as much as Empire is proposing. The only
other thing I think is not included in here that the Council needs to know about is
the website has to be hosted either on the City's computer system or it has to be
hosted off-site by a, like Micron Internet Services or some internet website host.
So that would be a cost in addition to this that you would need to know what that
number is going to be, and I think those are typically on a monthly basis, but I'm
not sure on that.
Corrie: I suppose we can have him come and answer all of these questions to
the Council. When is our next meeting? The 16th?
Bird: We have one the 13th, Mayor, or is it the 12th?
Nichols: The 11th is the Ada County one.
deWeerd: The 10th.
Bird: The 10th. I'm sorry.
Corrie: Is the workshop on the 10th? Okay. Would you like me to have him
come and answer some of these questions? Okay. The web needing to be
hosted, I didn't know anything about that. The concept - they are the ones that
are doing our computers here, and they're - the same people, and they - when
we've got something wrong, they're right here.
Bird: Is this the guy we had doing -
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Corrie: It's Troy and Andrew. So, okay. If you would like me to do that, I'll have
him come the 10th and ask him all the questions you want. I think that's probably
just as well and I think he could do it - maybe do it - he was telling me the time
so that he could get it done for us, but I guess it takes time to do it, but if it meets
with everybody else's approval, I will have him come the 10th?
Anderson: Mr. Mayor, I just had one other comment. Bill Nichols has mentioned
that it would be difficult to compare apples to apples, but I'm not so sure that if
you took the scope of services that are outlined in this proposal and put those out
to other website developers if they couldn't give you a very similar proposal
because it's not that complicated. It would be fairly easy to spell these things out
right here if those are the types of things we want on the site. I have no objection
to this - giving us a proposal, I'd just like to maybe have a second bid or a couple
of bids.
Corrie: It's up to you. I think with the $12,000, I don't know, I could be wrong,
but I think that's not bad. If you want -
Anderson: You're probably right (inaudible)
Corrie: I understand that, too, but do you want us to - if you just have one other
one or two others? Tell them -
deWeerd: Just get a (inaudible)
(inaudible discussion amongst Council members)
deWeerd: If I know someone, I'll give you a call and you can follow up.
Corrie: Okay. So I'll have him come the 10th, then, and answer any questions.
Hopefully by that time we'll know what we're doing.
16. Department Reports:
A. City Councilperson - Tammy deWeerd:
1. Pathway Master Plan Committee / Sub-Committee of
Parks and Recreation Commission:
deWeerd: Mr. Mayor, I would like to table 16a until May 16th. All of you have a
copy of the names that will be submitted to the Parks and Recreation
Commission, but they haven't seen this to approve it. So I would like it moved to
the 16th.
Corrie: Okay. All right. Tom?
Kuntz: Councilwoman deWeerd, do you want that added to the Parks and
Recreation agenda, then?
deWeerd: Yes. I had already asked Mr. Molt (sic) to put it on there.
Corrie: Tom, did Eli do an application?
Kuntz: As far as I know she did.
Corrie: She did? Okay. I haven't gotten any from them. I got his. He has got
down at the bottom of his letter (inaudible) carbon copy to Mo, you, and a carbon
copy to the Committee. That's why I say he should have it.
deWeerd: I don't think he has Eli Roberts.
Corrie: I don't know as I have either.
deWeerd: Well, I think with Anita's. quick departure it fell through the cracks. But
he's been trying to reach her, and he didn't know that she was not in. So he
needs a copy of Eli's.
Corrie: Do you want to hear the -
Berg: I had a call from the Ada County Assessor's office wanting to do their
annual May update as far as what they feel market values and the economy is
doing. I left a message back to them with some options of what workshops
we've had this month, and I got a message back that they would like to do it on
the 10th because the last part of their month is very busy and it would take 15, 20
minutes to do their little re-cap of what they feel we could look forward to as far
as the monies that we're going to receive for property tax. If that's okay to have
that on the 10th, we could get it done earlier. All the rest of the Cities are going to
be later on in that month. But if you'd like me to, I can call them back and re-
confirm that. It's his assistant, Eric, that I talked to or left messages back and
forth with. But, yes, Bob McQuaid will be here. If that's okay with the Council to
do that?
Bird: I'd love to hear it. It'd give us a little jumpstart.
deWeerd: Sure it's a growing list on (inaudible) though. But that's my-
Berg: Three things that I know of so far and the web page.
Corrie: Okay.
Bird: So everything on our regular agenda, Mayor, is okay with all of our
department heads?
Corrie: The regular agenda?
Bird: Yeah.
Item 7.
Public Hearing: VAR 00-008 Request for parking variance -
reduction in required parking spaces for Generations Park Plaza II
by Gary Benoit - at East 1st Street and West Idaho: Improperly
noticed - scheduled for May 16, 2000
deWeerd: Mr. Mayor, the No.7, that needs to be tabled, then? It says
scheduled for May 16th.
Berg: Mr. Mayor, members of the Council, it wasn't noticed properly. We weren't
sure if all of the certified mailings got out properly, so we're just rescheduling it
for the 16th.
Bird: How about six?
Berg: No.6? No. It was done properly. There's some variations between the
two different parcels that they reach different range of 300 feet. Instead of trying
to guess and maybe have a chance that it wasn't properly noticed, we pushed
the one to the 16th.
deWeerd: Would it be best to do them both at the same time?
Berg: You will have to talk to Shari. My understanding is that the applicant
wanted to be heard tonight at least by the first application.
Stiles: He would like to address both issues. Legally I don't know whether we
can. He may touch upon the entire project that he has, but we're only dealing
with the Idaho Street variance today.
Corrie: Is he aware that the Item 7 was changed to the 16th?
Stiles: Yes.
Corrie: Okay. We'll remind him that No.6 is just for Idaho Street, then.
Bird: I don't know that he wants to hear it if it wasn't properly (inaudible)
deWeerd: So will that need to take a motion to move it?
Bird: When we come up to it.
(
Berg: Mr. Mayor, members of the Council, we've already re-noticed it and just -
it's just not legally a public hearing for tonight even though it was published in the
paper as such. Legally it's just not a hearing. So we are just re-doing it. We put
it on there because we thought that maybe some of the public would have read
the combined notice and we didn't want to confuse it that there are two separate
issues; although, one was not noticed properly so we have to push it back to the
16th. There's no tabling or continuing. It's just going to be heard for the first time
at that date.
deWeerd: Thank you. I have nothing else.
Bird: Me either.
Corrie: Shari, anything else?
Item F.
Findings of Fact and Conclusions of Law: PP 00-016 Request
for preliminary plat for 45 building lots on 8.25 acres for proposed
Woodhaven Subdivision by Dan Wood I D.W., Inc. - west of
Eagle Road between Overland and East Victory:
Stiles: Mr. Mayor, I'm still on the Consent Agenda. I had a question for legal
counsel on Item F. I can't recall whether we are requiring that the Development
Agreement and Ordinance be finalized before we act on the plat.
Nichols: Mr. Mayor, members of the Council, this particular one, the applicant
pointed out to us that we had referenced the wrong ACHD report in the proposed
Findings of Fact. There were two ACHD reports dated the same date, and we
had the wrong one. With regard to - if you'll recall, we had a hang-up because
we had the old ACHD stuff in it, we had to come back with the new ones; we
thought we had the right ones, and it turned out there were two reports the same
date and we had the wrong one.
Bird: Shari, are you saying that the newest thing that came out today?
Stiles: Yes, I did.
Nichols: You have the right one now, but because of those - I don't know if
we've got the Development Agreement. Mr. Wood is here. I can't recall. I don't
know where it's at to be frank with you.
Corrie: Do we have a Development Agreement?
Berg: Mr. Mayor, members of the Council, our office has not received a signed
Development Agreement.
Nichols: Mr. Wood, has the Development Agreement been signed?
(
Wood: (inaudible)
Nichols: And that was due to the same ACHD report?
Bird: This has got to be tabled until the 16th.
Nichols: Mr. Mayor and Council, the Findings of Facts and Conclusions of Law
on the annexation and zoning have been approved. That's all done. So it's just
this clean-up on this Development Agreement and then - there should have been
an ordinance. Will will need to check tomorrow. If you don't have that
Ordinance, then call me and we'll have it over there right away.
Berg: I think I have it holding.
Nichols: Okay. Mr. Mayor and members of the Council, one of the things that
needs to be talked about under the department reports is the latecomer
agreement issue. There's a memo that went out, and I've got it in my file. I can't
remember the date. There are essentially four questions to be decided by the
Council, and I can review those with you at the departmental report time if that's
when you want to do it.
Bird: That's 16d?
Corrie: You want to do that? Gary?
Nichols: We can tag-team it, Mr. Mayor, members of the Council. I'm prepared to
present the issue. I talked to Reta Cunningham today about it.
Corrie: Okay. Council, any objection of putting it on? Okay.
Bird: 16d, Mayor?
Corrie: 16d. Yeah. Okay.
Item 13.
FP 00-007: Request for Final Plat approval of 102 lots and 14 lots
on 31.94 acres in an R-4 zone by Projects West, Inc., for English
Gardens Subdivision:
Bird: I think Shari's got one more, Mayor.
Stiles: Mr. Mayor, we'd also ask that Item 13 be tabled to the next available City
Council meeting. We're asking for some additional information before we
complete our review of that plat. 13 - English Gardens Subdivision.
deWeerd: Shari, have you talked to the applicant?
(
Stiles: I talked to his representative.
deWeerd: So they'll know that this you're recommending tabling?
Stiles: Yes.
deWeerd: Mr. Mayor, I just have a question for Shari. Shari, have you received
comments back to Tarawood Subdivision, the final plat?
Stiles: Yes, we have.
deWeerd: Any issues on that?
Stiles: The item of dispute -
(inaudible discussion amongst Council members)
Stiles: On Tarawood, we have a little I guess confusion about a drain that runs
down the back of the property. We have some photographs for you to look at as
part of that. They're not proposing the pipe - they said the Bureau of
Reclamation won't allow them to. I thought I had understood from the preliminary
plat that they didn't want another bridge crossing the Nine Mile Creek because it
was Ron that wanted them to get another access out to Locust Grove Road, and
Becky Bowcutt had testified that the Bureau had told her not to come back for
another crossing of that, but I didn't know that it entailed not piping that drainage
ditch. It was piped all the way through Thousand Springs. So I guess I'd like a
little clarification on that. They say as far as the rest of it there is a little piece of
Nine Mile Creek that they will ask to have a note added that the lot's unbuildable
and will be owned and maintained by one of the other lots in the subdivision as
their property. So those were two things that were not really cleared up during
preliminary plat that hopefully they'll be here to address on that.
deWeerd: Thank you.
Corrie: Okay. Anything else? We'll take a - nobody else has anything then we'll
close the pre-Council hearing and we will come back at 7:30 for the regular
agenda items.
MEETING ADJOURNED AT 7:18 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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ILLIAM G. BERG, JR.,
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Meridian City Council Meetina
Mav 2. 2000
The regularly scheduled meeting of the Meridian City Council was called to order
at 7:36 p.m. on Tuesday, May 2, 2000, by Mayor Robert D. Corrie.
Members present: Robert Corrie, Cherie McCandless, Ron Anderson, Tammy
deWeerd, Keith Bird.
Others present: Sh~ri Stiles, Gary Smith, Bill Gordon, Tom Kuntz, Skip Voss, Bill
Nichols, Will Berg.
Corrie: Okay, I'll open the City Council meeting at 7:36 for May 2, 2000, and
we'll have roll-call, Mr. Clerk. Thank you. First off, I'd like to welcome you all
here this evening. Thank you for taking the time to come out.
Item A.
Item B.
Item C.
Item D.
Item E.
Item F.
Item G.
Item H.
Approve minutes of April 18, 2000, Special City Pre-Council
Meeting:
Approve minutes of April 18, 2000, City Council Meeting
Approve minutes of April 4, 2000, Special City Pre-Council Meeting:
Tabled from April 18, 2000: Findings of Fact 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 from April 18, 2000: Findings of Fact and Conclusions
of Law: PP 99-010 Request for preliminary plat for proposed Bear
Creek Subdivision - 326 single-family lots on 150.79 acres by
Bear Creek, LLC - east of Stoddard Road and south of Overland:
Findings of Fact and Conclusions of Law: PP 00-016 Request
for preliminary plat for 45 building lots on 8.25 acres for proposed
Woodhaven Subdivision by Dan Wood / D.W., Inc. - west of
Eagle Road between Overland and East Victory:
Findings of Fact and Conclusions of Law: CUP 00-010
Request for Conditional Use Permit for an 1800 s.f. home/office to
be used as office space/relocation in a C-N zone by C.W.
Construction, Inc. - West Barrett Drive south of Franklin Road:
Findings of Fact and Conclusions of Law: V AR 00-005
Request for variance from conditions of platting and City Ordinance
(
Meridian City Council Meeting
May 2, 2000
Page 2
12-5-2.N regarding pressure irrigation in the Scottsdale Subdivision
by Wolfe Commercial Enterprises, LLC - south of Franklin Road
between Meridian and Linder Roads:
Item I.
Water and Sewer Hookup Agreement for Opal C. Farrington:
Item J.
Water and Sewer Line Crossing Agreement for Vienna Woods
Subdivision:
Item K.
Approve Bills:
Corrie: First item on the agenda is the Consent Agenda. Council?
Bird: Mr. Mayor, we need to do some tabling on the Consent Agenda. Items A
and B need to be tabled to May 16th; Item 0, E and F need to be tabled to May
16; Item I needs to be taken down to the regular agenda as 1 a. With those
changes, I would move that we approve the Consent Agenda.
Anderson: Second.
Corrie: Okay. Motion has been made to approve the Consent Agenda with the
items that were tabled. Is there any further discussion? Hearing none, all those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 7.
Public Hearing: VAR 00-008 Request for parking variance -
reduction in required parking spaces for Generations Park Plaza II
by Gary Benoit - at East 1 st Street and West Idaho: Improperly
noticed - scheduled for May 16, 2000
Corrie: Let me make a few announcements here. On the agenda, No.7, which
is a public hearing, that was improperly noticed, and it's scheduled for May 16th,
next meeting. So if there's anyone here that was for that public hearing, it will be
the 16th rather than tonight. So that's due to an improper notice, the
rescheduling.
A. City Councilperson - Tammy deWeerd:
1. Pathway Master Plan Committee I Sub-Committee of
Parks and Recreation Commission:
Corrie: On the Department Reports, Item A has been requested by the City
Council, Tammy deWeerd, to move that to the 16th of May. That's on the
pathway, master plan committee and subcommittee.
Meridian City Council Meeting
May 2, 2000
Page 3
D. City Attorney - Bill Nichols:
1. Latecomers issues:
We've added an Item D which is from the attorney to discuss latecomers issues.
He has four questions on sewer lines. So that one has been added.
Item 13.
FP 00-007: Request for Final Plat approval of 1 02 lots and 14
other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for
English Gardens Subdivision:
McCandless: Mr. Mayor, you also were going to put Item 13 for May 16th,
Corrie: Yes. The Council, when Item 13 comes up, will table that to the 16th due
to the fact that request by staff that we have not gotten all the final plat approval
- the developer - at that point there's a couple of questions, so that will be
tabled. So if there's anybody here for Item 13 to hear what goes on, that will be
tabled at that time. Thank you, Ms. McCandless.
Item I.
Water and Sewer Hookup Agreement for Opal C. Farrington:
Corrie: Okay, regular agenda, Item I, the water and sewer hookup agreement for
Opal C. Farrington. We'll open that. Staff comments first.
Smith: Mr. Mayor and Council members, this agreement is requested by Opal
Farrington for connection of three sewer and water connections, the property is
owned by them - owned by Mrs. Farrington at the northwest corner of Adkins
Lane and East Pine. The agreement for services to property outside City limits
has been sent to them for signature. There was a correction that needed to be
made in the agreement concerning the assessment fees. Our old Ordinance
addressed a double-connection fee for service outside the City limits. That's no
longer in effect, so that needs to be revised in the agreement. Beyond that, I
believe they are willing to sign that agreement which does include provisions for
them to immediately begin annexation process to the City of Meridian. They are
contiguous to the existing City limits.
Corrie: Council, any questions on that request for water and sewer hookup
agreement? Hearing none, I'll entertain a motion that - if you would like to have
them go ahead with that and with the changes to be made.
Bird: Mr. Mayor, I move that we approve the water and sewer hookup agreement
for Opal Farrington with changes being made, and once they are made and
signed by both parties, the Mayor to sign and the Clerk to attest.
McCandless: Second.
(
Meridian City Council Meeting
May 2,2000
Page 4
Corrie: Motion is made and seconded to have the agreement signed and
approved - the Mayor to sign and the Clerk to attest after the City Engineer has
approved the agreement. Any further discussion? Hearing none, roll-call vote.
Roil-cali: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 1.
Ordinance No. 873: Adult Entertainment Ordinance relating to
zoning schedule:
Corrie: Item No. 1 is the Adult Entertainment Ordinance relating to zoning
schedule. Mr. Clerk, if you will read that Ordinance and give it a number and
read it by title only, please.
Berg: Thank you, Mr. Mayor. Members of the Council, Ordinance No. 873: An
Ordinance amending subsection B, Commercial, of the zoning schedule of the
use control of Section 1 of Chapter 8 of Title 2, Meridian City Code, by addition
thereof an adult entertainment business under land use; and providing for the
same to be permitted only by conditional use in the I-L District; and providing an
effective date.
Corrie: You've heard the reading of the Ordinance No. 873. Is there anyone
from the audience that would like to have Ordinance No. 873 read in its entirety?
Hearing none, I'll entertain a motion on Ordinance No. 873.
Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No.
873 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Anderson, seconded by Mr. Bird to approve
Ordinance No. 873 with suspension of rules. Any further discussion? Hearing
none, Mr. Berg, if you will give us the roll-call vote, please.
Roil-cali: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 2.
Tabled April 18, 2000: Ada County Development Services 00-
10 PDR 00-05: Request for Preliminary Plat for Edinburgh
Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile
east of Eagle Road on McMillan Road:
Meridian City Council Meeting
May 2, 2000
Page 5
Corrie: Item No. 2 was tabled April 18. Ada County Development Services, 00-
10 PDR, 00-05. Request for preliminary plat for Edinburgh Subdivision of 138
lots on 40.69 acres by Steve Smith - % mile east of Eagle Road on McMillan
Road. Staff, comments?
Stiles: Mr. Mayor and Council, we just delivered to you tonight a report dated
today. We did meet with the applicant yesterday, and we had listed 11 items if
you were to approve this as conditions of providing service and approval and
approving the preliminary plat. There's a question on whether we legally can
approve a preliminary plat that we cannot serve the entire plat. The applicant's
representative did deliver as the last page of the memo, 52 lots that the Public
Works Department feels is the maximum that can be accepted from this
subdivision. So if you were to approve this plat, that would have to be one of the
conditions because you couldn't approve the entire plat. This property is located
presently ~ mile from the city limits on McMillan Road. The Boise City is here.
Our area of impact goes on the boundary. This is where Vienna Woods
Subdivision was previously approved through our negotiations with the Ada
County Commissioners on our area of impact. The applicant, when we met with
them, did agree to being subject to the park impact fees, and those would be
collected at the time that sewer and water hookup was made, or the application
was made. The other - another item would be irrevocable agreement to
annexation, and they have agreed to that. We would enter into an agreement
with them, and plus, they would include that as a non-negotiable term within each
lot's property deed. We had asked for some more verification from the School
District on their ability to serve this subdivision. They would be subject to a
latecomers agreement for the pressure line. They're proposing that they would
hook into this temporary lift station in Vienna Woods, and they would have their
sewer serviced on a temporary basis coming down this pressure line to connect
in where Summerfield Subdivision is and on into the south slew. They would be
subject to latecomer costs for tapping into that. We'd asked for five-foot wide
sidewalks to meet our Ordinance requirements. Hydrant placement approved by
Public Works Department; pressurized irrigation system, they have been working
on with the Settler's Irrigation District; we've asked for a six-foot high fence to be
constructed on the west side. There's already fencing on the east side. They're
coordinating with Vienna Woods for the boundary to the north. As I said, they've
agreed to the park impact fees. We ask that the 20-foot landscape setback be
provided adjacent to McMillan beyond the 48-foot right-of-way take from
centerline. They have agreed to that. As far as the open space, we had asked
for 10 percent open space as they call this in Ada County a planned
development, our Ordinance, if it is a planned development, they would be
required to have a minimum of 10 percent usable open space. They had this
16,000 s.f. tot-lot. They have agreed to add these two lots. It would make it
roughly % of an acre of open space for these 52 lots. One thing that we hadn't
talked about at the meeting yesterday, but I understand that Gary has talked to
the applicant's representative since that time, and do you want to address that,
Gary, about the future fees?
(
Meridian City Council Meeting
May 21 2000
Page 6
Smith: Mayor and Council, one thing that we had discussed with the applicant,
and as Shari mentioned, I talked to Gene Smith, their engineer, this morning, the
Public Works Department is in the process of trying to develop a systems
development fee for sewer and water within aUf Urban Service Planning Area.
This fee would be assessed as - at least as we envision it on a preliminary basis
- to all building permits that are issued in the City of Meridian regardless of
where the building permit takes place. This would enable City of Meridian to
construct sewer and watef main trunk lines. Of course, this would need to come
before the Council for your review and approval and public hearings, also. But I
thought it was important to at least put it on the table at this point. I apologize to
the applicant for not bringing it up yesterday when we met. I, at this point, all I
have is a draft calculation from your engineering department as to what that fee
would be. I just wanted to make you aware of it, and as I mentioned earlier, the
applicant's engineer is aware of it. Thank you.
Stiles: As I said, we do have a legal question as to whether we can approve a
partial plat as they have indicated. Ada County is waiting our response regarding
this plat. They have tabled it, and I believe it is back to the County on the 11 th of
May. We had some concerns about the design, although it is a grid pattern, most
of the grid streets are not going like a typical grid that would provide the inter
connection. They have predominantly 80 by 100 lots with not much diversity in
any of the lots within this subdivision. Going on to our recommendations and
based on the Comprehensive Plan analysis that was done, we do recommend
denial of the rezone and preliminary plat; however, if City Council chooses to
approve it, we would ask that the 11 items noted in this memo be clearly
expressed as conditions of approval. That's alii had.
Corrie: First, Bill, legal question she brought up.
Nichols: Mr. Mayor, members of the Council, tonight is the first time that the
question's been put to me, and I don't have a ready answer for you. I don't have
an answer. It'd be a pure guess on my part at this point.
Corrie: We wouldn't want the legal to guess. Okay. Well, this isn't a public
hearing. I would like to invite the applicant up. I've got a couple of questions
myself, and I'm sure the Council might have some questions.
Butler: Good evening, City Council. JoAnne Butler, 101 South Capital
Boulevard, representing Bunderson Smith, LLC, the applicant in this matter.
With me tonight is Senator Bunderson, Steve Smith and Gene Smith, our
engineer. Mr. Bunderson will come up in just a few minutes and also address
some of the questions that the Council might have. Of course, we are requesting
that the City forward a recommendation of approval of this preliminary plat to the
County, and as Shari mentioned, it's just next week that they'll be reviewing that
plat. The matter's been before the Council twice now. The staff's provided your
Meridian City Council Meeting -
May 2,2000
Page 7
report; we appreciate your report and generally agree with most of those
provIsions, and I'll go through that in just a moment. We believe that the
comments made by the staff in its report and the conditions of approval that the
staff provided in connection with the plat can only lead the City to do just that:
recommend an approval in this matter. We're specifically asking for an approval
for only 50 lots at this time, for only 50 lots to finally be platted because that's
what the capacity is at this time. We're not asking, now, we're not asking in the
future for a final plat approval for more than this 50 lots until the capacity for that
51-plus lots can be shown to the City's reasonable satisfaction. So I guess Mr.
Nichols probably doesn't have to do the research because we're making it as
legal as you can possibly make it. We're agreeing not to ask for any final plat
over and above what the capacity now is of that area. We've had several pre-
application meetings with Ada County to design this subdivision, and we've had
several meetings with your staff. We're here to try to accommodate the City as
much as possible under the Ordinances in effect, and Senator Bunderson will
speak to you about the overall development goals that he and Mr. Smith have for
this project to identify for you how the design works in the context and how it
works for not just this subdivision, but how it works for Meridian as a whole. I'll
just refer to your staff report so it's easy for you to follow along, and I'm referring
to - I'll be referring to mostly the conditions of approval. Before I get there, on
the 2nd page, your staff states that the primary issue before the Council is
whether Urban Services should be extended beyond the existing City limits. But
in fact, the services we're requesting are already there. We're not asking you to
extend services. Vienna Woods, when it went through was required to provide
sewer that would serve this entire quarter section; so no urban services are going
to be extended by the City until some time further down the line, and, again, as I
said, we wouldn't be requesting any final plat approval until that time. So the
sewer and water will be stubbed to this area in capacity before 50 lots are
available. Just as a reminder to the City, your Comprehensive Plan, this is under
Page 10, and I won't make you refer to that; I'll read to you from it. That
Comprehensive Plan states, and I'm quoting: No new development should be
approved outside of the urban service planning area unless it can be shown that
urban services can be reasonably provided at the time of final approval. Your
Comprehensive Plan contemplates that you will serve not only outside your City
limits, your Comprehensive Plan even says that you may serve outside your
urban service planning area if you can show that services are available. But we
are inside the urban service planning area, so we more than meet your
Comprehensive Plan goal as to show where services can be reasonably
provided by the time of final plat approval. So we do meet all of your
Comprehensive Plan goals as identified in your staff report and this other goal is
not listed in this staff report. We also meet your subdivision ordinance. With
regard to conditions of approval on Pages 3 and 4 of the staff report, I'll just
quickly go through these. Number 1, we do consent to annexation and to provide
further comfort to the City do not only reflect that on the plat itself, but to provide
that in the deeds. Senator Bunderson will speak to that as well. We have -
Number 2 - we have met with the School District. Mr. Carberry has told us that
(
Meridian City Council Meeting-
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Page 8
the District has no problem with the development, and it does not want a school
site on this ground. In any letter that the City requires will be provided before
any final plat. Number 3, we appreciate being subject to latecomers' fees. I
represent other people in this area that have already been built out and will be
being paid by the folks that build here. I'm sure that they're very happy, too. Of
course, this particular developer, down the road, if it should ever oversize
facilities on the next phases, we would also appreciate having latecomers'
agreements that pertain to their development as well. Number 4, sidewalks at
five feet are acceptable. Number 5, we will coordinate fire hydrant placement.
Six, we're glad to provide the City with specifications for the pressurized urban
irrigation system for your review. We will construct, on Number 7, the fence
required. As the staff states in Number 8, if the City recommends approval, the
applicant has voluntarily agreed to pay park impact fees for this area. Number
9, arterial setbacks are fine as stated. On Number 10 as Ms. Stiles refers to,
there's a little bit of confusion there. This subdivision is not, as you defined it,
under your zoning ordinance which the zoning ordinance, of course, doesn't
apply in this case; the subdivision is not a planned unit development. Ada
County calls them planned developments, and when they forward the application
onto you, you see those similar words. This is not a situation where we're asking
- we're giving amenities and asking the County for flexibility in setbacks or other
standards. We are not asking for any flexibility and yet still providing the
common area. So this is not a planned development as if we were in Meridian
you would define it, so the 10 percent would not be applicable here. On
Condition No. 11, regarding the sewer assessment, I know the Council's heard
me speak before. It is appropriate for the City to look into whether or not an
overall city-wide sewer assessment for expanding your system is appropriate.
This applicant is willing to be a candidate for such an assessment that is fairly
assessed across the City, and I know you're going through that process. So in
conclusion before Mr. Bunderson comes up, we are asking for your
recommendation of approval. The subdivision plat uses existing capacity;
nothing new will be extended; it meets your Comprehensive Plan and it meets
your subdivision ordinance. It helps you develop into the area of impact in a
reasonable fashion. It helps to provide park land for impact fees. Of course, if
you were to recommend denial, we'd want you to be very, very specific and clear
in giving your reasons for that denial, but we believe that you can easily approve
this subdivision based on your Comprehensive Plan and the conditions of
approval. Thank you.
Corrie: Thank you.
Bunderson: Thank you, Mr. Mayor and Council members. For the record, my
name is Hal Bunderson. I'm a 50 percent owner in this subject development. To
give you a little background, my partner, Steve Smith, and I and our spouses
developed a Dunwoody Subdivision to the north of Vienna Woods. Those are
about 1-1/2 and 2 acre lots. It's a very nice subdivision. Also Larkwood just to
the west. It's also in the impact area of Meridian. I want to mention that so you
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Meridian City Council Meeting
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Page 9
have a flavor of the type of work we do. This subdivision, Austin Creek, to the
east, has lots of 6,000 s.f. This moves into 8,000 s.f. To the north, Vienna
Woods, it" lots that will abut the north end of the Edinburgh are also 8,000. So it
transitions into Vienna Woods has larger lots to the north. I think it's important, in
my opinion, your judgement, but it's very important to establish a line between
City boundaries. City of Boise is there. I think we have general agreement with
the lineage of the Ada County Ordinance, I think it's not clear to all concerned.
By virtue of us putting in the deed the requirement, making it mandatory to annex
at your pleasure. That, in fact, establishes a line, in law, where that boundary is.
So I think there's some value in moving forward. Also, when we talk about the 50
lots, that's, of course, because we all know because of the capacity that's
available. When the White Line is available within about a year, then there'd be
sufficient capacity to move forward with the balance of the development. The - I
want to comment on how we get treated by staff. We've been treated very well.
Been cordial and a workman-like environment. We believe this is a good
development. We're pledged to make sure it's a handsome development. It will
enhance the City of Meridian. We'll work with yourselves and staff to make that
happen. Be glad to stand for questions.
Bird: Mr. Mayor. Senator Bunderson, I think JoAnne said that she was willing to
put in writing that you would seek no final plat other than on the 52 lots until the
sewer capacity and water capacity is at the site; is that correct?
Bunderson: That is correct.
Anderson: Senator Bunderson, where would this subdivision get its water from
right now? The water supply?
Bunderson: We anticipate stubbing off of the Meridian water supply going into
Vienna Woods and bringing it in from that direction. Also, at the lower right-hand
corner of the southeast corner we'll have pressurized water going into all the lots.
We have worked with the developers of Vienna Woods. They will also have a
separate pump right there as well.
Anderson: That will be for irrigation -
Bunderson: That will be for irrigation purposes. We have a working relationship
with the developers of Vienna Woods. That's why we were able to work together
in solving some of these common problems.
Corrie: Senator, do you know how much open space IS In Vienna Woods
Subdivision, what they allowed?
Bunderson: I don't remember exactly. I think seven acres sticks in my mind, but
that could be an error. Shari?
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Meridian City Council Meeting
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Page 10
Stiles: I believed it was near to eight, but I couldn't give you the exact number of
acres.
Corrie: With that in mind, Senator, you have 3.2 percent total in open space in
the whole plat after you get finished. Had you ever thought about more than
that? Maybe - Vienna Woods is the north end, that will be in the City limits.
Trying to keep it fairly safe in my mind, you've got a tot-lot, but that's only 3.2
percent. That's not a 10 percent that they were recommending.
Bunderson: We have thought about that. This map doesn't show it, but Austin
Creek, of course, now we're crossing city boundaries, and I understand. The
people who go to parks are where parks are. As you know, on the northwest
corner of Eagle Road and McMillan is a very large Boise park. So that the
availability of parks are significant. I think that's about a 40-acre site it looks to
me like. So that's less than a quarter of a mile from this development. So the
other side of it is we are paying impact fees for park purposes so that we can
enhance other Meridian parks that you would choose to spend that money.
deWeerd: Mr. Mayor, Senator Bunderson, I've only been on Council a short
time, but - prior to that Planning and Zoning. It seems that the purpose of the
City has been to annex and serve or serve by which we can annex. In the cases
- well, there's only one case where they haven't done that, and that's Vienna
Woods. That certainly didn't set precedence. In my opinion, to divert from a plan
which is our sewer and water plan and how we serve, how we provide services to
the developments in our area of impact, we need to be able to provide those
services without impacting existing service. The developments that we should
consider annexing or servicing should benefit our community, and I think in the
case where we're not annexing should provide more and be a true benefit to the
community. It's hard to go in conflict with the master plan that our water and
sewer plan has put together and how we're going to grow. We're trying to be
conscientious of not sprawling all over or leap-fragging all over, and we're doing
that so that we grow in an orderly manner and in a manner that can best serve
the community that is annexed into Meridian. In your opinion, other than it being
just like any other subdivision in the City of Meridian, what is different with this
subdivision, and why should be go against our sewer and water plan to
accommodate this?
Bunderson: That's a good question. I couldn't agree with you more. I support
long~range planning, and -
deWeerd: Then we'll see this back in a number of years?
Bunderson: When Vienna Woods was approved, the pump station for the sewer
was a capacity substantially greater than Vienna Woods. As I understand, the
reason that was required so that whole area could be used to pump through that
station. Otherwise, and as a matter of fact, I suspect that the developers of
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Meridian City Council Meeting
May 2, 2000
Page 11
Vienna Woods are looking for some recovery of cost from that for latecomers. I
believe the leap-frog did occur with Vienna Woods. This is a little leap-frog
because it's closer to the City as far as the same as any other old subdivision.
There's some unique circumstances in this particular section of your impact area.
That's the history with the debate with Ada County and the City of Eagle. That's
an important factor to weight. I think what this does is, as I mentioned earlier, is
make clear where that line of demarcation is in the legal way so that there would
not be, because of the softness of the interpretation of the Ordinance with Ada
County, there would not be any risk of encroachment further to the west on - for
whatever reason. It just seems to me that it's prudent to draw those lines. I
know that sounds self serving, but if I was looking at it from the other side with
whatever level of sincerity you can say and still not come across as self serving, I
don't mean it that way, I would want that line clear. I would want the definition
not to be subject to debate any further. I would like that done now. So I think
there is a true advantage that this area where this one is and Vienna Woods and
the like, that you come down. Since the services are there, basically, the water is
close by. See, Boise water and sewer abuts that property almost. The water
does abut it. The sewer is just a few houses in. So we're supportive of Meridian,
and we think bringing these other services across, there's real value in clearly
defining that line. So I don't think it is the same as any old subdivision.
deWeerd: I didn't know our area of impact, that line was of question. It was my
understanding that if we could provide services in a reasonable amount of time,
and I believe the timeframe was 10 years, which we can do, that boundary
wouldn't change. You mentioned drawing a line, and when we're talking our
water and Sewer Master Plan, we have to draw a line somewhere because then
the next person's going to come in and say, well, you did it for them. We're only
proposing a minimal amount of lots on impact. Where do you draw the line if you
keep giving in or caving in and not following the plan that you designed and the
way you want to grow. You know, we'll have the White Line in a year, and the lift
station, as I understand it in Vienna Woods is a temporary thing. It's not built to
be a forever thing. It was just built to be a temporary solution for that one
subdivision. And so they built over-capacity. I don't think there was any
agreement, unless I'm mistaken, that that capacity was to serve any property
contiguous to their piece of property. Again, as a new member, maybe I don't
fully understand that, but perhaps you can enlighten me.
Smith: Thank you, Mayor and Council, Councilman deWeerd. When - I guess
we'll go back to the days of negotiation with Ada County on. our impact boundary
and the proposal by the owners of the now Vienna Woods Subdivision. One of
the issues at that time was whether or not the Vienna Woods property would be
part of the City of Meridian's area of impact or part of Boise City's area of impact.
And at that time, the owners indicated to us that they did have plans for
development, and those plans were a number of years away. I don't remember
the exact number. It seems like it was five years away from the time that we
were negotiating with Ada County. At that time, the Council decided, and the
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Meridian City Council Meeting
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(
Mayor decided that we could provide services to this area in order to maintain it
as part of the City of Meridian area of impact. And we understood at that time,
and I had advised the Council and Mayor that in order to provide these services,
it could only be done through the installation of a lift station. It was my feeling,
and I passed that feeling along to the Council and Mayor that - and our City
Attorney at the time, Bill Gigray, concluded also that once Vienna Woods
Subdivision was accepted into the Meridian City area of impact or that piece of
property, and a lift station was installed that we would be most likely subjected to
proposals for other properties in the same area to also be served by the City of
Meridian. So it was our opinion at that time that in order to eliminate the
proliferation of numerous lift stations, that we would have a lift station in Vienna
Woods' property that could serve more than just Vienna Woods. Not knowing for
sure what was going to happen, but just having the feeling that once it started,
there could be continuance of proposals or development. So in that manner, or
in that matter, then, the wet well for the lift station in Vienna Woods has been
sized to serve property other than Vienna Woods. Now, the lift station itself, the
mechanical part of the lift station, I'm not - I can't tell you exactly what the
capacity of that station is from the pump's standpoint. That's a little history as to
how we got to this point in time, and I guess the thought process at the time the
negotiation with Ada County as to what could happen out here in this area.
Anderson: Gary, where is that lift station pumping that to now?
Smith: It's pumping south on Locust Grove to a manhole near the charter school
that will discharge into that manhole. In the process of development of Vienna
Woods, the sewer line in Locust Grove at that point, the gravity sewer line, would
be at capacity with Vienna Woods plus approximately 50 lots. And, there could
be no more development in this area into that lift station until such time that the
flow could be diverted to another point of gravity flow. And the plans are that that
would be ~he white drain sewer interceptor that we're working on right now.
Anderson: Ultimately, this area would be served by what trunk line?
Smith: Ultimately, this area would be served by the north slew trunk line.
Anderson: Which is not planned for quite a while, so we're actually taking the
Vienna Woods and anything else that we approve and dumping it into another
service area at this point; right?
Smith: That's correct. Yes. And we're getting back into the same situation that
we were in with Bear Creek Subdivision where we're pumping from one drainage
area into another. But like I said, that was the decision that was made by the
then-City Council and Mayor for the negotiation process with Ada County for our
impact boundary line.
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Meridian City Council Meeting
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Bird: Mr. Mayor, Gary, the lift station doesn't go away when the white trunk
comes in, It just pumps into that.
Smith: That's correct.
Bird: White would probably not be at capacity for years and years and years. I'd
hope the north trunk would be built before that was ever at capacity. The only
thing I see is this corridor up here is the one we're getting the pressure on from
Boise. We've jumped, leap-frogged, sent - I include myself in it, I voted yes for it
- we've overloaded existing sewer lines to the southwest of us by approving
subdivisions that we know that their sewer line isn't going to be out there for
probably the last one that'1I ever be developed in the impact area of Meridian.
The south Black Cat sewer line. I think as a Council we just need to decide
whether we're going to protect our area up there or whether we're not. If we
want the development up there or if we want to just give it away.
deWeerd: Mr. Mayor, so is our area of impact still a question? Is that your
implication?
Bird: My - I believe our area of impact is always up for question. That was no
guarantee of 1 0 years that I recall. Not being on there, I don't know what the
agreement actually was. You've already serviced one thing that's north of this
one. We have the capacity. We went out and we approved a subdivision that
we're shoving into another sewer line that we have to do some jogging and
everything else to make it work. That's going to stop - it could fill up pretty fast. I
don't know how much this south slew - how much more of this south slew can be
pumped into it. I think 50 more lots. No, it isn't an implication, but I think we've
set a precedence there regardless of what this thing says.
deWeerd: So did you set a precedence when you approved Bear Creek?
Bird: I think we did.
deWeerd: So anything that comes in down there you're going to approve that?
*** End of Side 1 ***
Bird: -- sewer, you're going to have to. I think. That's my personal opinion.
Corrie: Any questions? Thank you. Okay. Council, Any further discussion on
the request for preliminary plat?
deWeerd: Mr. Mayor, I have a question of the City Attorney. That would be as
far as our impact area and the implications if we don't approve or if we
recommend not to approve this, does this put this piece of property up for grabs
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Meridian City Council Meeting
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Page 14
from Boise? I think Boise would have the same issues, though, providing sewer
there. They'd have to put in a lift station.
Corrie: Yeah, but that's ours, not theirs.
Bird: No, they've got a lift station right to the west of it. The sewer's within, what,
the sewer's to the park and what's that? How far is the Boise sewer line there,
Gary? 100 yards? From this piece of property.
Smith: I believe it's serving Austin Creek Subdivision.
deWeerd: And it can serve this piece of property?
Smith: Shari said that she's talked to John Johnson at Boise City and it would
have to be served by a lift station into their system. I don't know that that's what
Shari's conversation with Boise's been. I know that it has been referenced in the
past that Boise City's sewer line is running on a grade or running out of cover as
they approach this boundary line between the City of Meridian and the City of
Boise. I know that the northwest corner of - what's the subdivision up at
Chinden? - Bristol Heights, that northwest corner of Bristol Heights has a lift
station in that that pumps back into Boise. So I believe that the Boise City sewer
line is nearing its elevation capacity, you might say, for gravity flow.
Nichols: Councilwoman deWeerd, Mayor and Council, the process for area of
impact negotiation is that every 10 years this is up for renewal and negotiation
with the County. It is a negotiation process, so if this subdivision were denied,
and if services were available from Boise City, Ada County could say in the
process of negotiations in the next go around, and I believe that's in 2004, I think,
and if I recall, the last Ordinance was in 1994-
Corrie: That's correct. We talked to them in 1997, right? Okay.
Bird: But the Ordinance wasn't signed when you talked to them, but the
Ordinance that was actually in effect was 1994.
Corrie: Their zoning ordinance? That could be.
Nichols: The process is a 10-year process whatever the date is. So at that point
you'd be negotiating the issue of where should the boundary be. If you've not
been able to serve an area within that block of time by having City services
extended out, and if the adjoining municipality is able to say yes, we can serve it,
then you'd have that negotiation point, if you couldn't resolve the negotiation it
goes to what they call a Committee of Nine who resolves it or tries to resolve it.
If that doesn't work, then it can be resolved at the District Court level. I think
that's where we get into this issue of protecting this area of impact. If there's a
development that's already there and if they already agreed and served by City
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Meridian City Council Meeting
May 2, 2000
Page 15
services even if that's outside of the City limits and if they've agreed to be
annexed, then it's rather a moot point as to whether that area of impact should be
moved because at that point they are served by the City services and once they
are contiguous, there's this irrevocable consent that they be annexed at that
point. So it's not a, quote, forced annexation in the sense that you annex
property just because it's contiguous, but you annex it because it's been
requested to be annexed.
McCandless: Mr. Mayor, again, for the City Attorney, if the 50 homes were built,
would they be annexing the whole area regardless or just the area where the 50
homes were built?
Nichols: Councilwoman McCandless, Mayor and Council, I think the - what I'm
hearing from the applicant is that they would irrevocably consent to the
annexation of the entire subdivision that these designated 52 lots would be the
Phase I, the remainder of the lots would be the second phase; therefore, what
I'm hearing from them is that the entire thing would be consented, if you will, to
annexation when it's contiguous.
Anderson: I guess a point of order, then, we don't deal with these in the County
that often, and what's the course of action - either we approve the preliminary
plat or we would recommend that Ada County deny it; is that the correct
procedure?
Nichols: Mr. Anderson, Mayor and members of the Council, there's been an
illusion, I think, in some of the comments that maybe the area of impact
Ordinance of Ada County is fuzzy on an issue. The issue is whether City
approval of the subdivision is required because it's within the area of impact but
outside the City limits. As I read the area of impact Ordinance, and I read it as
an advocate for the City, it says to me that subdivisions inside an area of impact
must be approved by the City. Elsewhere in that same ordinance it says land
use applications submitted for land within the area of impact are to be submitted
to the City for comment and that those comments carry no greater weight than
the comment of any other affected party. So I - an argument can be made, and
perhaps that's what Ms. Butler was contending, that the subdivision application is
a land use application, and, therefore, all the City can do is comment. I'm taking
the position as I read it, the City must approve the subdivision within the area of
impact, and so my position would be the Council should take either a motion to
deny approval or grant approval with whatever conditions would deem
appropriate.
Corrie: Any further discussion?
Bird: I've had my say.
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Meridian City Council Meeting
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Page 16
Corrie: Hearing none, I'll entertain a motion on the request for approval or denial
of the preliminary plat, Item No.2, Edinburgh Subdivision.
Bird: Mr. Mayor, I've got one question. We're just making the suggestion to Ada
County to approve or to deny the recommendation?
Nichols: Councilman Bird, Mayor, members of the Council, what I am earnestly
suggesting that you do is that you either approve or you deny this subdivision.
It's not a recommendation. The ordinance says the City will - submitted to the
City for approval, not submitted to the City for comment. So I would recommend,
strongly suggest, urge, that you either deny it with reasons as specified by Ms.
Butler or that you grant it with those conditions that you want.
Corrie: Okay.
Nichols: Mayor, members of the Council, the further thing is that then that goes
to the County as such as either an approval or disapproval of the preliminary plat.
deWeerd: Mr. Mayor, I guess just one more question for counsel. If we, under
the rea,sonably provided as far as our services go, sewer and water, if we can
only reasonably provide services for a portion of it, is that reasonable? Is that
subjective? I guess I'm still - if you look at the terminology "reasonably provide,"
and you're looking at a whole development even though they're just doing Phase
1, in the past do we dissect these projects like that and can you? I know I'm
pushing you to answer the question that was in the staff report, but if we're to
make a decision tonight, that needs to be answered.
Corrie: I don't want to take the monkey off your back, but I don't think he's a
Council member, so technically, he's just here to give us advice. That question
you asked is going to have to be answered by the Council. I don't mean to be
rude or anything, but it's not his choice to give an opinion. He's here for legal
advise and that's it, and he has done so.
deWeerd: Maybe I should rephrase that question. Maybe I'll still put him on the
spot. Okay. Let's forget about the reasonably provided and go to can we be
looking at just making the decision on a portion of a subdivision?
Corrie: I think that was Shari's question.
Nichols: Councilman deWeerd, Mayor and Council members, I prefer to look at it
in a different light, and the way I would look at it is there have been instances of
subdivision approval with limits on the number of building permits that can be
issued because of capacity issues or infrastructure items that need to be
completed. Now, perhaps not in this jurisdiction but in other jurisdictions of which
I am more - I don't know if that answers the question posed in the staff report
with regard to can you approve a preliminary plat where only a portion of the plat
Meridian City Council Meeting
May 2, 2000
Page 17
is proposed to be submitted later for final plat approval so that they can issue
building permits and build up those lots. As I said before, I'm not prepared to
answer that question, although, I do know there have been subdivisions
approved in other jurisdictions where limits have been placed on the number of
building permits because of infrastructure issues.
Anderson: Mr. Mayor, I will step up to the plate and make a decision on this
thing. It's my opinion that this is a great example of urban sprawl. It's a case
where we're sitting here asking ourselves whether we have the ability to provide
the services and I think all these indicators point to us that this is a bad thing.
Don't disagree with Senator Bunderson's comments about it would be nice to be
able to make a demarcation in line, and we know we have some problems there,
but I think the City is diligently working to solve those problems which are in the
process of constructing a major trunk line heading out to that area, and we are
working on some additional things to fund trunk line. So all I can ask for is
patience for the developers in those areas, and we will try to get there with
services as soon as we can, but I personally believe that this would be a mistake
to go out and do a spot approval of something like this knowing that we have all
these unresolved issues and so many questions about being able to service this
facility. So I would make a motion that we deny this request for a preliminary plat
for Edinburgh Subdivision.
deWeerd: Second.
Corrie: Motion has been made and seconded that we deny the request for
preliminary plat for Edinburgh Subdivision. Any further discussion?
Nichols: Point of order, Mr. Mayor, members of the Council. It would be
appropriate to delineate items for the reason of denial, and if I can be so bold as
perhaps interpret Councilman Anderson's comment or maybe the question is to
him, is the reason for the motion that the City's not able to provide sufficient
services and now to serve all of the lots that are proposed in the preliminary plat?
Anderson: I would say that's an appropriate summation that we just don't have
the capacity through the lift station and the fact that we're dumping this into
another service area now. We have been advised by our Public Works
Department that it wouldn't be a good idea to continue to do those practices -
capacity issues with only being able to service the 50 lots would be appropriate.
deWeerd: Mr. Mayor, Councilman Anderson, when the White Line is available, is
it reasonable that this could be served by the White Line even thought ultimately
it's not in the service area, but in order to get services to them, would we be
favorable when the White Line is available?
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Meridian City Council Meeting
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Anderson: To ask me that question, I would have to refer to our Public Works
and our Sewer Master Plan because I'd like to visit that issue a little more in
depth to see whether that would be reasonable.
deWeerd: But I think what the applicant also needs to get kind of an idea of
where the City stands on this and when this property would be considered
favorably by the City.
Anderson: I feel like you're asking me a question that I don't have the
professional guidance to be able to give you that answer. I need additional help
to answer that question.
Corrie: Let's take privilege here and ask Gary. Can you answer that question?
Smith: Mr. Mayor, Councilman Anderson, the Sewer Master Plan was - the
study was made on the basis of certain area being served by gravity sewers.
The size, the diameter of the sewer line was based on development of those
gravity drainage areas. When you ~tart pumping from one drainage into another
as we've discussed in the past, the capacity of the sewer lines that are part of the
Master Plan is reduced for gravity service. So if you assume, for example, that
Edinburgh Subdivision and Vienna Woods Subdivision pumps into the White
Drain, then somewhere along the line service area is going to have to be
removed if - a service area will have to be removed from the White Drain for
gravity service if gravity service is not provided to Edinburgh and Vienna Woods.
It's just a matter of taking money out of one pocket and putting it into the other.
It's a mathematical thing; it's a capacity - the only thing that could happen, I
suspect, is that the assumed development density for the sizing of the trunk line
in the White Drain ultimately develops - would be less than what was assumed
for design purposes with some capacity remaining. Of course, that's not a known
- the engineering is done on a best-guess land use basis in order to size the pipe
for the sewering of the drainage area. I don't know if I've answered the question.
It's really just a - I guess it's a matter of timing involved in this also as far as how
fast does the White Drain develop out. If you look at the size of the drainage
area just the drainage area from Ten Mile to Locust Grove from Ustick to
McMillan is three square miles. That's 1980 acres. If you figure three dwelling
units per acre, and I don't know what it'll be - there'll be some commercial
development in that area, but just based on that assumption, that's roughly 6,000
users. Again, if you assume straight residential development at 800 dwelling
units per year, that's about 8 years of development, 7 % years, and that's
assuming development doesn't take place anywhere else within the City of
Meridian. I don't know how far out that the north slew is constructed, for
example, to provide gravity service to this drainage area where Edinburgh and
Vienna Woods is located. So it's hard to say if there will ultimately be a conflict
between gravity service to White Drain and pressure-line sewer service to this
area. I guess in the back of my mind as I've expressed before, there's always
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Meridian City Council Meeting
May 21 2000
Page 19
that possibility of compromising gravity service. Like I said earlier, this whoie
thing races back to the impact boundary negotiation days.
deWeerd: I think that's an issue that this Council will have to take up so we can
at least let these property owners know.
Corrie: Motion's been called for. The motion is that we deny the request for
Edinburgh Subdivision. Roll-call vote, Mr. Clerk.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, no.
MOTION CARRIED: THREE AYES, ONE NO
Corrie: The preliminary plat for Edinburgh Subdivision, the preliminary plat, to
the Ada County Planning is for denial.
Item 3.
Public Hearing: AZ 00-005 Request for annexation and zoning
for proposed Stratford Business Park of residential and
professional offices from R- T (Ada County) to R-8 by Howell
Murdoch Development Corp:
Corrie: Okay. Item No.3, request for annexation and zoning for proposed
Stratford Business Park of residential and professional offices from R- T to R-8 by
Howell Murdoch Development Corporation. At this time, I'll open the public
hearing and invite staff comments first.
Stiles: Mr. Mayor and Council, this is for the property immediately south of
Stonebridge Subdivision platted as Medimont Subdivision. In this area here they
are currently constructing the Dee Jay Subdivision. This road, Watertower Road,
will be extended to the eastern boundary of Dee Jay Subdivision, and they're
proposing that they would come in further with the - cul-de-sac, and the intent of
this is to get this in the City for the purpose of ten acres of it would be for the new
police station site. The developer has no definite plans for the remainder of the
site at this time, but eventually, Watertower would be continued all the way to
Locust Grove and they would then develop lots on the northern side of
Watertower and the remainder of - south of Watertower. The current
Comprehensive Plan designates this area as single-family residential. That's
one of the reasons they have requested the R-8 zone because that zone does
accommodate single-family housing. The - with a designation of R-8, a police
station could be constructed; however, the remainder of the lots would need to
wait until our Comprehensive Plan is adopted hopefully early fall that would re-
designate the preliminary draft that we have re-designates this area west of
Locust Grove as commercial which we felt was more appropriate due to the
development in the area. Do you have any questions of me?
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Meridian City Council Meeting
May 2, 2000
Page 20
('
deWeerd: Mr. Mayor, Shari, in the P & Z hearings, the issue of an irrigation
access were brought up and water rights. Has that been resolved as far as Mr.
Smith had raised the question, apparently, the irrigation ditch that runs through
here services properties to the east, and their major concern was still being able
to access that, and I believe, the City Attorney believed that it could be put into
the Development Agreement.
Stiles: They would be required by State Code to continue that access. It may
not be the historic, convenient access they may have had in the past, but they
will have an access to all of the necessary headgates and to serve their property.
deWeerd: Just one more point of clarification. This is not for approval for
Stratford Business Park?
Stiles: No, it's not. It's simply an annexation and zoning.
deWeerd: Okay.
Anderson: Mr. Mayor, I missed it. What did you say about a cul-de-sac or a
road?
Stiles: When they - they are proposing a one-time split so they can take off the
area that the City would like to acquire. The cul-de-sac would be an extension of
Watertower, and they would have to have the minimum frontage in order to have
a legal lot of 65 feet. So the cul-de-sac, I'm not sure of the exact configuration of
it, but it would have to meet the Fire Department's requirement for turn-around
and construction. Does that answer your question?
Anderson: Just a question. I thought we were passed that. I thought we were
putting road to it.
Bird: I did too.
Anderson: I thought we were way passed cul-de-sac and we were at road.
Stiles: I guess I'm not considering it as any part of negotiations you've had with
the seller. It's just what we would require as a minimum. If it was going through,
great.
Corrie: Okay. Any other questions? Okay. This is a public hearing. I'd invite
any of the developer first.
Williams: My name's Dave Williams, Diamond Properties. I'm the broker
representative for the property owner, Howell Murdoch Development
Corporation. Last night I met with Mr. Smith at the site, and we walked the
ditches and took a look at the headgates that he had some concerns with at P &
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Meridian City Council Meeting\
May 2, 2000
Page 21
Z hearing, and he was quite happy and confident that the developer and the
property owner's going to accommodate him to those headgates. I see that he's
not here this evening. One of the adjacent property owners is. He joined us, Mr.
Everett. So I think we've satisfied that need, and we will be satisfying that need
as we do our continual development. We have come into agreement with the
City Engineer, Gary Smith, and head of P & Z, Shari Stiles, as to the splitting of
the 10-acre parcel. We can't do that and do an administrative lot split without the
proper access to that 1 0 acres as well as the frontage to that 10 acres. So in
order to accommodate that at this point, the owner of the property is going to put
in a cul-de-sac which will allow for that as well as a full easement of the width of
Watertower as it comes east from Stratford. That will accommodate the one-time
lot split. Within an 18-month period of time, the developer will be putting in the
entire roadway east to Locust Grove and also tying into Adkins.
Corrie: Okay. Any questions? Anything else? Okay. Anyone else from the
public that would like to issue testimony? Okay. Hearing none, Council.
deWeerd: Mr. Mayor, I move that we close the public hearing.
Bird: Second.
Corrie: Motion is made and seconded to close the public hearing. All those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Council, discussion?
Bird: I have none.
deWeerd: I have none.
McCandless: Mr. Mayor, I would move that we would approve the annexation
and zoning.
Corrie: Okay. DO you want the attorney to draw up the Findings of Facts and
Conclusions of Law and the Ordinance?
McCandless: The attorney to draw up the Findings of Facts and Conclusions of
Law.
Bird: Decision of Order.
Corrie: Motion has been made and seconded to approve the request for
annexation -
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Meridian City Council Meeting
May 2, 2000
Page 22
Anderson: It hasn't been seconded.
Bird: I'll second it.
Corrie: I'm sorry. I thought you said you'd second it. Okay.
McCandless: Mr. Mayor, I would like to add to that motion, too, that we
incorporate the staff's recommendations in this motion.
Bird: Second that.
Corrie: Motion's been made and seconded to approve the request for
annexation and have the attorney draw up the Findings of Facts and Conclusions
of Law and proper Order and incorporate the comments of the staff. Any further
comments? Okay. Hearing none, City Clerk, roll-call vote, please.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 4.
Public Hearing: PP 00-004 Request for Preliminary Plat for 40
building lots on 3.98 acres in an R-40 zone for proposed Heron
Brook Townhome Subdivision by Pinnacle Engineers, Inc. -
northeast corner of Meridian Road and Blue Heron Lane:
Corrie: Item No.4 is a public hearing, PP 00-004, request for preliminary plat for
50 building lots on 3.98 acres in an R-40 zone for proposed Heron Brook
Townhouse Subdivision by Pinnacle Engineers, Inc., northwest corner of
Meridian Road and Blue Heron Lane. At this time I'll open the public hearing and
invite staff comments first.
Stiles: Mr. Mayor and Council, this property was rezoned several years ago to
an R-40. They had proposed apartments at that time. There had been several
people come in and look at the file regarding the approvals; although, there was
a plan approved, once all the conditions of approval were met, it was impossible
to meet to construct the plan as was shown on their previous plan. The applicant
is now proposing to come in with townhomes. They're proposing, I believe, it's
down to 38 buildable lots. 39? 36. Okay. Excuse me. Thirty-six buildable lots
now. They have brought in a revised plan tonight, and the applicant states that
he will comply with all of the conditions as recommended by the Planning and
Zoning Commission. Some pictures of the project they have approved -
Planning and Zoning Commission has recommended a zero setback on the
carports. They will not have garages in the subdivision. They are proposing a
pathway alongside the Jackson Drain. On the north side - this is the Jackson
Drain that runs down on the northern boundary here. On the other side of the
Jackson Drain is where the City owns property known as the Fothergill
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Meridian City Council Meeting
May 2, 2000
Page 23
Subdivision along that Jackson stub drain, and the City owns and maintains that
side. So they will be providing another pathway on this southern boundary of the
subdivision.
Corrie: This is a public hearing. I'll invite the representative for the preliminary
plat on Heron Brook Subdivision.
Unger: Good evening, Mr. Mayor and Council members. My name is Bob Unger
with Pinnacle Engineers. Our address is 870 North Linder Road, Suite 8,
Meridian, Idaho. We representative Lynn Helen and Glenn Henders who are the
developers of the property. Staff ahs done a pretty good job of reviewing the
application and the project itself. Let me state right up front if we could, we could
incorporate my testimony on the preliminary plat and also for the CUP so I don't
have to do this twice, if that's all right. We have made some modifications to the
project based upon Planning and Zoning Commission's recommendations on the
CUP. As such, we've incorporated those into the preliminary plat also. Let me
give you an appropriate breakdown of lots since we have made some changes.
We have three common lots, open-space lots. One of those is surrounding the
entire project. Then we have a common lot here and also one in this area here.
So we have three common lots open-space type lots. We have another lot which
is the driveway for the project. So we actually have 40 lots; 36 of those lots are
buildable. Thirty-five are townhouses, and the 36 is the clubhouse lot. So I just
wanted to clarify that. There was a question to that, so we just wanted to get that
straightened out. We are providing pressurized irrigation through Nampa
meridian. We are making improvements to Blue Heron Lane. In fact, we're
putting in curb, gutter and sidewalk plus 30 feet of pavement. We are dedicating
an additional 18 feet of right-of-way to the Highway District for a future widening
of Meridian Road if that ever takes place. At the request of the Planning and
Zoning Commission and part of the recommendation is that we enter into a
maintenance agreement of that 18-foot strip so that we can landscape that with
grass and enter into that maintenance agreement with the Highway District for
that 18-foot strip. We are providing a 35-foot landscape strip as required by City
Code and Planning and Zoning Commission and also 20-foot landscape strip and
buffer along Blue Heron Lane. Just a point of clarification. I know that City
Code requires that all ditches be tiled. In this particular case, we have the
Jackson Drain here, and it is being used by the City as an amenity by their trail
system on the north side. We are also requesting that we not have to tile that.
Staff has said that they don't want it tiled, so we are providing a path on the south
side so we can also use the Jackson Drain as an amenity. We will be fencing
the project along these two areas here leaving this back area open in that it is a
very nice amenity. I'm going through the recommendations. I hope you folks got
a copy of the letter, I see you did, which was hastily put together. We are
providing 82 parking spaces; 76 is the required number, so we exceed that. The
project is intended to be a 55-and-over senior community. We clarified that with
Planning and Zoning Commission hearing, and also it is reflected in our revised
CC & Rs which we have provided a copy to the staff. As far as our open space
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Meridian City Council Meeting
May 2, 2000
Page 24
requirement of a minimum of 1 0 percent in a planned-unit development, there
was some concern there as to whether we'd provided calculations. In this letter I
have provided the appropriate calculations. We have a total of 57,512 s.t. of
open space. If we remove the landscape strip along Meridian and we also
remove the landscape strip along Blue Heron Lane, we end up with a net square
footage of 28,102 s.f. which is 16.2 percent of the 3.98 acres that we have. So
we still do comply with the planned development requirements for open space. I
did note in here the correction from the Planning and Zoning Commission on the
setbacks. They did provide or allow for zero setbacks on the carport and 20 feet
for the actual dwellings. We're fine with that. Something they did not specifically
address but had been shown on the preliminary plat and on the Conditional Use
Permit is the rear setback. We've always reflected approximately five-foot
setback in the rears. Some of them are four. We would ask that be included in
your approval this evening. In conjunction with the Planning and Zoning
Commission's recommendation for the zero setbacks and the modifications of
the setbacks, they required that we widen our driveway from 25 feet to 30 feet,
that's back of curb to back of curb. We revised our plat and conditional use plan
to reflect that; we had no problem with it. They also required that we have no-
parking signs and also paint the curbs red. We don't have a problem putting in
the parking signs. We with that (inaudible) there isn't any room for anybody to
park on the drives without blocking somebody's driveway. So, certainly, we
concur with that. We do have a little bit of an issue painting all the curbs all red
because there is a continued maintenance problem there, and to be honest with
you, it doesn't look very good. So we would ask you consider that in your motion
this evening. Certainly the Homeowners Association, I'm sure, can be very
diligent about people parking on the drive. As far as the requirement for garages,
we are providing carports; they are open. Our modified plan does reflect some
garages. We have a couple of two-story units in this area that would have two-
car garages. We have a unit in this area that we have a two-car garage, we also
have a unit here that would have a one-car garage and also over on this lot. The
Planning and Zoning Commission felt that was sufficient, that the carports were
sufficient, and did not have an issue with that. It was also brought up that they
would like to see us provide a storage shed for any kind of maintenance tools, et
cetera, and although the project, the maintenance of the grounds and everything
will be contracted out with a professional landscaping company, we thought that
the concerns that there was a concern about a storage shed was a valid concern.
So in our conditional use plan, this was a clubhouse lot is, we have provided a
maintenance shed rig.ht here in this corner here. It's all on here, and I could
stand here and show it to you, but I think you folks get the gist of it that we are
working to comply with all of the requirements. We have provided elevations and
floor plans for approximately five different layouts for the project. We will be
pretty much staying with those; there will be some interior type options provided
for prospective buyers, but the general appearance of the buildings in the entire
project will not be changed by any of those options that we would be offering.
That was the deal on the Conditional Use recommendations, and if I could, I'll
just hit the Planned developments. They were pretty short, same type issues, go
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Meridian City Council Meeting-
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Page 25
ahead and provide a 30-foot wide back of curb to back of curb drive throughout
the project. An issue that although I don't have anything in writing, and I don't
see Kenny Bowers here this evening, but when we initially started this project, we
initially discussed an emergency turn-around right there. The staff felt that we
would need one. We met with Kenny Bowers on that, and Kenny said if the
distance from this intersection to the end of the drive there was 150 feet or less,
that he would not require an emergency turn-around. We are less than 150 feet.
If, in fact, there's a change in that, then we'd have to make some modifications in
that to comply, but we will comply with any and all fire requirements. Something
else that was brought up was access to the clubhouse once it's built, how would
the Fire Department gain access to fight a fire there? I'm going to have to show
you (inaudible) - this is the clubhouse lot right here. We have an entrance into
the clubhouse providing parking and a parking area, et cetera in here, and
through ACHD - ACHD wanted us to provide a turn-around on Slue Heron way
down here off of our property totally. We discussed that with them, we
negotiated with them. We agreed to put an emergency turn-around, and that
was their idea - we agreed to put in an easement right here for emergency turn-
around sufficient size for emergency turn-around. ACHD has agreed to that. As
such, that would provide excellent access for the Fire Department. We would
also be providing a fire hydrant somewhere in this area right here. As such,
there really shouldn't be any issues of us being able to provide fire protection for
the clubhouse. We, once again, would do whatever is required by the Fire
Department to gain whatever access they feel they need. So we'll work with
them; we always do. We are not proposing individual garbage pickup. We will
be providing dumpsters. We have one to be located in this area and also
another to be located in this area which is pretty good location for all of the
property owners to use. So we would not be proposing individual pickup. It
would be through the dumpsters. We will work with the -
*** End of Side 2 ***
-- I believe that pretty much covers the issues, and if you have any questions, I
will be more than happy to answer them.
Anderson: I just had a couple quick questions on that pathway along the
Jackson Drain. Is that going to be paved or graveled?
Unger: It will be a paved pathway. We're proposing six-foot paved pathway.
Anderson: Would it have any landscaping around it?
Unger: It would be all - we will be providing grass all along this area here and
down to the bank of the Jackson drainage. We cannot provide any trees
because there is a 40-foot easement, Nampa Meridian easement, and they will
not allow us to put any trees in there, so we did not propose any trees. Certainly
we are (inaudible) once again, we are proposing trees all along this area, berm,
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Meridian City Council Meeting -
May 2,2000
Page 26
trees, fencing. Along here it would just be grass. There's no way that we can get
Nampa Meridian to approve anything but - I'm sure you're all familiar with
Overland Mini Storage. So you know where I'm coming from on that. Which, by
the way, we got them to approve that today.
Anderson: One other question. Blue Heron, is that paved or is it going to be
paved?
Unger: Blue Heron is currently gravel. We are required to put in curb, gutter and
sidewalk on our side, and pave half of the 36 plus 12 which is - we're paving 30
feet.
Anderson: How far down are you going to pave? To the clubhouse?
Unger: We're going all the way down to the corner of our property which is right
here which is where there's a - not a real bridge, but a crossing right there of the
Jackson Drain. Any future development to the south would be required to pick
up the other side of the paving of the curb, gutter and sidewalk. Thank you.
Corrie: Any other questions? Thank you, Bob.
Unger: Thank you.
Corrie: Anyone else from the public that would like to issue testimony on the
request for preliminary plat? If none, I'll entertain a motion from Council.
Bird: Mr. Mayor, I move that we close the public hearing.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Discussion? Questions?
Bird: I have none.
deWeerd: Mr. Mayor, just a comment. This application has gone through some
transformation, and I appreciate the fact that the applicant and staff worked well
together and got the recommendations from P & Z straightened out. It looks
good. I guess with that, Mr. Mayor, I will move that we ask the City Attorney to
prepare Findings of Facts and Conclusions of Law and Decision of Order on
approving the preliminary plat of 3.98 acres for 40-lot townhouse project
proposed by Heron Brook Townhome Subdivision.
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Meridian City Council Meeting
May 21 2000
Page 27
Bird: Second.
Corrie: Motion is made and seconded to approve the recommendation -
deWeerd: Mr. Mayor, just to add to that, include all staff comments, the
response by Pinnacle Engineers, and to clarify that there are 36 buildable lots
with 35 townhouse, one clubhouse, and to remove the requirement of painting
the curbs.
Bird: Second.
Corrie: Okay. Motion made and seconded. Any further discussion? I would -
one question I had. Is that - on the painting of the curb, is that in the Conditional
Use Permit? It's not in annexation. Okay. Not the preliminary plat. But you're
going to put it in this one?
deWeerd: You bet.
Corrie: Okay. All right. Any further discussion? Roll-call vote, Mr. Clerk
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 5.
Public Hearing: CUP 00-011 Request for Conditional Use Permit
for a 40-lot townhome development in an R-40 zone for proposed
Heron Brook Townhome Subdivision by Pinnacle Engineers, Inc.
- northeast corner of Meridian Road and Blue Heron Lane:
Corrie: Now I'll have the public hearing for request for Conditional Use Permit
for - actually, it's going to be a 38-lot townhome development in an R-40 zone for
proposed Heron Brook Townhome Subdivision by Pinnacle Engineers. At this
time I'll open the public hearing and have staff comments first.
Stiles: Mr. Mayor and Council, again, this is for property that was annexed, I
believe, in late '93 or '94. Just a point of interest. This was originally approved
for 66 apartment units with 108 parking spaces. So they have made a significant
reduction in the density there, and I would like to thank the applicant and his
representative for working with our staff and providing what we hope is a very
fine addition to this area.
Corrie: Okay. Thank you. At this time I'll invite Bob back if he'd like to come
back, or he can tell us to incorporate his remarks. He did that? Okay. I'm sorry.
Thank you very much. Is there anyone else in the public that would like to issue
Meridian City Council Meeting
May 21 2000
Page 28
testimony on the request for a Conditional Use Permit? Hearing none, I'll
entertain a motion to close the public hearing.
Bird: Mr. Mayor, I move that we close the public hearing for the Conditional Use
Permit.
McCandless: Second.
Corrie: Motion is made and seconded to close the public hearing for the Item No.
5. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES
Corrie: Any further discussion?
Bird: Mr. Mayor, I've got a question. Shari, when have we started requiring
people to paint curbs?
Stiles: It just came up in the Planning and Zoning Commission.
Bird: You've got to be kidding me.
Corrie: Looks like we've got to have another meeting.
Bird: I think we are.
Stiles: Maybe that's why they don't get out until 3:00 in the morning.
Corrie: Any further discussion?
McCandless: Mr. Mayor, something is sticking with me, I don't know why, but ifs
just a comment. But with 38 units, and you have two trash receptacles? What
are they supposed to do? Walk down there and carry their garbage? It doesn't
seem reasonable to me. Just a comment.
Corrie: Any further discussion? I'll entertain a motion on the request for
Conditional Use Permit.
Anderson: Mr. Mayor, I would make a motion that we have the City Attorney
draw up Findings of Facts and Conclusions of Law and Decision of Order to
approve the Conditional Use Permit for the Heron Srook Townhome Subdivision
by Pinnacle Engineers and incorporate staff comments.
Bird: Second.
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Meridian City Council Meeting -.
May 2, 2000
Page 29
(
Corrie: Motion's been made and seconded to approve the Conditional Use
Permit for Heron Srook Townhome Subdivision as stated on record. Any further
discussion? Mr. Clerk, roll-call vote, please.
Roll-call: deWeerd, aye, McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Anderson: Mr. Mayor, I would make a motion that we take a five-minute recess.
Bird: Second.
Corrie: All in favor say aye.
MOTION CARRIED: ALL AYES
(MEETING RECONVENED AT 9:35 P.M.)
Item 6. Public Hearing: VAR 00-007 Request for parking variance -
request for no off-street parking for Generations Park Plaza I by Gary Benoit -
at East 1st Street and West Idaho, Old Town:
Corrie: I'll re-open the meeting from the coffee break, and we'll have Item No.6.
Public hearing, VAR 00-007, request for parking variance, request for no off-
street parking for Generations Plaza by Gary Benoit at East 1 st Street and West
Idaho, Old Town. At this time I'll open the public hearing and like staff comments
fi rs t .
Stiles: Mr. Mayor and Council, this is for the building immediately east of
Generations Plaza. This is where the existing park is, and the City has
purchased this additional area around the park for Phase II. The building had
previously housed Sunshine Plumbing. There was - I think it was called Rocky
Mountain Chipmunk House, something like that, that was approved for a short
time in the front of this building. I was looking for the file to see if a variance had
previously been granted. It was an issue when this came up. I don't - I was
unable to find the old file. I believe at that time they had stated that they could
provide parking for four cars off of the alley here. I don't know if that's still in the
plan or whether that's feasible. I believe they have an outside stairwell that
they're proposing to cover, and that may preclude providing any parking area
there. They have proposed - it's a little hard to tell on here, but they have
proposed an expansion of the facility that would include outdoor seating. Of
course, this would be contingent on the City approving some type of a lease
arrangement to allow this entryway coming into the building and also this outdoor
seating area. We have received one letter that I know of from Dean Mayes, Jr.,
in opposition to this variance request as he has the building immediately adjacent
to the east here. Staff does support this request. They have done a great deal
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Meridian City Council Meeting
May 2, 2000
Page 30
(
of study on the market for this building. This building has been vacant for quite
some time. It's somewhat of an eyesore now, and I think that their willingness to
put this kind of money into downtown Meridian is going to benefit all of downtown
Meridian including all of the existing merchants and create the downtown area
that people want to be in day and night. With that, I will let them give whatever
presentation they have. The variance that was postponed or tabled until the 16th
would be for this property on the north side of the alleyway, and that will be the
subject of a later variance request, but we are dealing with the Generations Plaza
Phase I at this time.
Corrie: Thank you, Shari. This is a public hearing. I'll invite the applicant first.
Cole: Good evening, Mayor and Council. May name is Stan Cole with Cole
Associates Architects. I represent the developers on this project which is Stewart
- Laney and Benoit. First I'd like to say that this park that we're developing
adjacent to - that the City has provided is a good catalyst to what we see as kind
of a starting point for the Old Town development projects. We've worked very
hard with your staff, the City, and they've been very accommodating in meeting
with us and working toward what we think is a great start to your downtown core.
Our project consists of two buildings. The one that we're working on the variance
for tonight, Generations I, also includes the building to the north which we refer to
as Generations II. The first building is, after a lengthy study with our structural
engineers, we have now decided that actually demolish the building and build
over what is currently there and basically the same footprint with more
structurally sound design. Will not change pretty much from what we originally
designed within the original core of the building. Currently there is no parking at
the building itself. We see a need for a variance to help us in our development
plans with this building so we can accommodate what's kind of existing at this
current time. Our first tenant that we'll have in this building is intended to be an
up-scale restaurant which will be in the main level which will accommodate that
whole, entire floor. The upper level we have not leased out yet. That will be
office so we have a nice mix between restaurant and office use. Our design is -
what we feel is complimentary to the downtown. It's kind of a historic look that
will definitely add some value to the Generations Plaza and the downtown core.
The second phase is also two-story and is also designed to compliment the
downtown and have some kind of historic somewhat character to it. It'll be a
mixture of retail, restaurant on the first floor and office use on the second floor.
In looking at the downtown core, and I'll have Gary Benoit speak to this as well,
we have looked at some of the opportunities that currently exist for parking in the
downtown core, and 1111 have Gary expand on that a little bit.
Benoit: Good evening, Mayor, City Council. I'm Gary Benoit, and I'm here to
answer questions and tell you a little more about our project. We're excited
about the whole downtown area. I would like to repeat Stan's compliment as far
as the downtown. We wouldn't be looking at the downtown right now if you, the
City leaders hadn't had the foresight to put in a facility like Generations Park. In
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Meridian City Council Meeting
May 2, 2000
Page 31
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doing so, you know, it caught our interest, and we're hoping that our project will
catch other people's interest and lead to the further development of the Old Town
section. We feel like it's a step in the right direction. Of course, the parking is
always a question, and we knew that coming in with this project, but we were
unable to comply with current City standards required for parking. As a
developer, I can tell you that the downtown will not develop and nothing will
happen until the parking question is answered. We've had several meetings with
the very accommodating City staff, and I think they understand the problem.
We've chosen to be, if you will, and then we hung a price tag on it, that we've
invested some money in choosing to be the guinea pig to help you fix the parking
problem downtown. I see a parking problem, because, again, you have basically
two blocks there of neat old buildings that could - something could happen with,
but nothing will happen unless two things occur. First of all, the parking needs to
be reconfigured so that it can accommodate development and people really can
develop that area, and the second thing, there needs to be a good plan. Some
foresight put into that. Fortunately, Mayor Corrie has seen his way clear to
appoint a Committee, a Revitalization Committee of which, I think, Mayor, I've
been asked to serve on. I'm looking fOlWard to that because I see so much
potential in the downtown area. What you have isn't a problem. What you have
is an opportunity downtown. In one of our conversations we talk about the
evolution of the downtown area. It'd be easy to say, well, let's go build a parking
garage downtown. That'll surely fix everything. Well, it might, one day, but it
won't today. It's not economically feasible to go down and do a parking garage.
You need to walk before you run, before you get onto greater heights. So
hopefully our project will help you to see some ways clear to develop the
answers. It's unfortunate because you don't really have a set of answers tonight
to answer our question with. Our question is can we build this restaurant without
any parking downtown? Well, the answers are there, but it's going to take a little
bit of confidence in the future and confidence in the Mayor's Committee to realize
that the solution exists out there. I've done quite a bit of homework on this
downtown, and I've gone through the downtown area at various times of the day
and various days of the week trying to assess exactly where the parking is and
what's available down there. I'm convinced that the downtown doesn't so much
have a parking problem as it has a lack of pedestrians down there. A lack of
people to park. There's actually only been one occasion, Wednesdays, the
church has a phenomenal parking thing, and it crunches the whole downtown.
That same church is in the process of relocating, so they're going to fix that
problem for us. As you can see, on this parking diagram here, I'm going to step
aside here, some of the - in the tan, these are the existing parking areas, and
they're really quite abundant. There are really quite a few of them. I would like -
one of the suggest6ions I have is I think we need to better utilize the parking that
exists. Case in point: in my various trips to town, here's a City parking lot
(inaudible) Shell station. I have viewed this several times and I have yet to find a
single car in it. Ever. This parking lot right by our project, and I think it's 21
spaces in there, of the seven times that I've viewed it, the most I've found in
there were three cars. That's the most with the exception of Wednesday, and I
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Meridian City Council Meeting'
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Page 32
can tell you, I haven't been over on Wednesday, and I've already heard about
Wednesday. I know there's no parking, and I haven't been able to get over on
Wednesday morning, unfortunately. Around the perimeter we have two-hour
parking, and there's always an abundance of two-hour parking. There's lots of
space available during those times which tells me there's lots of room for
customers to come in. What we don't have is a reason for customers to come
here. What we would like to provide is a reason for customers to come down
here. As far as employee parking, we don't anticipate that our employees are
going to park here. This is a two-hour parking, this is all two-hour parking around
here. Our employees will either come down here by the lodge, might even walk
over to the Shell station, they might come and park in some of the outlying
existing parking. Some of the solutions that would exist for this type of thing, in
Boise, for instance, we could go into the heart of downtown Boise and build this
project and not provide a single parking space. The reason for that is they have
a parking overlay district. They realize that in order to get that core developed
that they needed to say, look, we've got to lighten up on this, let's don't make
them provide any parking. Let's get the center taken care of, and as they move
out further and have a little more land, make them start providing parking. That's
exactly what it is. The further away from the downtown core, the more parking
you have provided. But in the downtown core itself, you don't really for the most
part have to provide parking. There would be some exceptions if we were to
build a ten-story high-rise building, we would certainly have to provide some
parking. So that would be one of the solutions that they found. Some of the
things that I found that we could do in our downtown core, again, I look at the
opportunities. There are potentials up and down the alleys. Just by taking out
(inaudible) behind these buildings, this would be adjacent to ours, there are at
least 16 parking spaces and perhaps more. Now to do this, we need to dress
this up a little bit, paint the alleys, dress up the back of the buildings just - put
some lighting in and a little bit of landscaping. Those are all potential solutions,
but that makes parking more accessible. Over on this other alley over between
Pine and Idaho Street - Broadway and Idaho Street, there are 20 spaces back
there. There are numerous spaces back here just by realigning and
reconfiguring things that we can fix up, and those are easy fixes. We could, in
six months, get a lot of these put together and fix for you. On a longer termed
basis, I'd like to see us take a look at some of the land back over here there's an
empty lot that is doing nothing now except growing weeds; maybe that's
something that the City would take a look at. It's readily available now for
relatively inexpensive price, or you're sitting on a jewel over here. This old
lumber yard, they've got that great big backyard area there that's way more than
development's going to need. I believe the railroad owns that. Is that correct?
That would be wise for the most part to sell off some of that to encourage to
develop downtown to add value to their land unless somebody's going to come in
and build a resort hotel there or something that really isn't going to happen, they
probably don't need that much land. I'd like to see the City perhaps entertain at
least look at the possibility of acquiring some of these lands so that when we get
the downtown to click and we do have a parking problem down there that we
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Meridian City Council Meeting
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(
have a place to go with it. 1hat'd be some of these outlying areas that are
financially accessible right now. I think it's an easy fix. So, again, to summarize,
I don't know that we don't have the real answer except to tell you that we have a
good project for you. I think that with the proper planning d9wntown and a good
project like ours to kick it off that you can fix the Old Town problem, and it's not a
very big problem. You know, there are local improvement districts, there are
funds available that'll help on low-interest basis. Those are all things that the
Mayor's Committee will explore and see where the fix is. All I can say is that I'm
convinced there's a fix there, and it would be a shame to lose a project such as
ours because you're going to need that to make the rest of it work. Unless you
have a good project, other developers aren't going to be very interested in the
rest of this. So I would urge you to help us along with this project, and in turn I'll
invest my time with your City. I think the Mayor has appointed some good people
to represent the City, and I think they'll come up with some good solutions.
Thank you for your time.
Corrie: Thank you, Gary. This is a public hearing. Anyone else that would like
to testify in this request for parking variance?
Wasson: John Wasson, 1486 North Silverado Place, Meridian. Little hard for us
to sit back there, but I have a question for the developer. Are there not buildings
directly adjacent to where you're planning on working?
Benoit: That's right.
Wasson: And what would the structural - the impact of you raising that area be
to those buildings adjacent to it, structurally speaking?
Benoit: No impact - it's a separate building. It'll be a block-and-steel
construction.
Wasson: So it's not adjacent to - it's not directly adjacent to -
Benoit: (inaudible) zero lotline. But we're not tied into their building, so when we
tear down, theirs isn't going to fall down.
Wasson: Okay. That's alii need to know.
Corrie: Anyone else? Okay. Okay, Shari mentioned this one? It's entered into
as testimony. Thank you. Okay. Any further discussion? Hearing none, I'll
entertain a motion to close the public hearing.
Bird: Mr. Mayor, I move we close the public hearing for the parking variance,
Generations Plaza I by Gary Benoit.
Anderson: Second.
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Corrie: Motion made and seconded to close the public hearing on Item No.6,
parking variance. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Council, discussion?
Anderson: Mr. Mayor, I guess just some general comments. I would like to tell
the developers first of all I really appreciate the fact that they're taking an interest
and wanting to do a project like this in Meridian, and I do agree, I think this will be
the first step and it will really help to get things rolling and get to revitalize our Old
Town area. I do have some question as far as Gary had identified a number of
potential parking sites, but I don't know how that would work since some of those
are privately held now, whether they would welcome people parking in their lots
and what kind of arrangements could be worked out with those folks to allow
employees or if you leased out space in these offices, what kind of arrangement
could be made for these people to have parking where they could park on an
eight-hour basis or something like that. But I think he does bring up some
interesting points, too, about this City possibly exploring some other potentials
and at this point, it's something that we ought to be looking at before we get too
much development before we get too much development down there is identify
that land because it would be a lot cheaper and behoove us to have those sites
identified and secured ahead of time. Potentially the old lumber yard and some
of those things, I think that would be a good point. Then, one thing that's off the
subject that I still haven't seen is, I think, you guys are somewhat taking
advantage of the City's development of the Generations Plaza, and you've
indicated that will really enhance your project, and what I've always envisioned is
that downtown Meridian can become a friendly, pedestrian-friendly place where
they could go down there for dinner or entertainment or to shop or whatever) and
I think part of that is going to be that we're going to have a lot of functions going
on in that area, and I would like to see some type of public restrooms made
available and if there could be an allowance in one of the corners of the buildings
or something like that to allow for that, I would definitely like to see that, and
maybe there could be some partnering there with the City of Meridian to make
something like that happen because I know that the business owners and the
restaurants aren't going to be real happy about the general public coming in and
wanting to use their restrooms if they're not patrons. As you put together your
design, if you could maybe keep that in mind.
Bird: Mr. Mayor, I agree with Ron whole-heartedly. I believe that we have a
good example to look at in the City of Boise. I believe that in the 60s and 70s
they required some parking spaces down there with their downtown, and
consequently, their downtown died. They've gone and changed that now, and I
think Gary pointed out that there are a lot of opportunities for us, through joint
ventures or whatever we have to do, to get some parking lots. I know we have
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Meridian City Council Meeting'
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Page 35
to. Parking structures are prohibitively high. We can't afford that. But I believe
that if we want to do something with downtown that we are going to have to have
some variances. I fully back these two developments. I think that they're a good
addition to our downtown.
Corrie: Any other comments?
deWeerd: Mr. Mayor, I guess a question perhaps for our City Attorney. I know
that Mr. Benoit raised the awareness of potential areas for parking and that the
Mayor's Committee should be looking at some of this parking lot overlay district,
that sort of thing, in granting a variance once a recommendation is put, can you
ask that this development participate in the recommendations of that committee
that would be dealing with parking issues? Is this kind of -
Nichols: Councilwoman deWeerd, Mayor, members of the Council, it is of my
opinion that conditions in a variance are not appropriate; that you have
Conditional Use Permits, but this is a variance application and it needs to be
considered on its merits that way.
deWeerd: I'm sure Mr. Benoit will do it anyway.
Corrie: Any comments, questions?
Bird: I have none. I move that we have the attorney draw up the Findings of
Facts and Conclusions of Law for a parking variance request for no off-street
parking for Generations Park Plaza I by Gary Benoit at East 1st and West Idaho,
Old Town.
Anderson: I'll second it.
Corrie: Motion made and seconded to approve the request for parking variance,
attorney to draw up the Findings of Facts and Conclusions of Law for approval.
Is there any further discussion? Hearing none, Mr. Clerk, roll-call vote, please.
Roil-cali: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 7.
Public Hearing: V AR 00-008 Request for parking variance -
reduction in required parking spaces for Generations Park Plaza II
by Gary Benoit - at East 1st Street and West Idaho: Improperly
noticed - scheduled for May 16, 2000
Corrie: Item No. 7 is a public hearing. As I mentioned at the first of the meeting,
it was improperly noticed and scheduled for May 16, 2000. So, Gary, if you'll be
there at that one.
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Item 8.
CUP 00-012 Request for Conditional Use Permit for Maple Grove
RV for RV sales, RV retail and repair in an I-L zone - 2490 W.
Franklin Road:
Corrie: Item No.8 is a CUP 00-012, request for Conditional Use Permit for
Maple Grove RV for RV sales, RV retail and repair in an I-L zone, 2490 West
Franklin Road. Staff.
Stiles: Mr. Mayor and Council, this project was heard by the Planning and
Zoning Commission. They had recommended denial based on the Fire
Marshall's report of non-compliance with Fire Code issues. Whether your
decision would be to remand this back to Planning and Zoning Commission or
approve with conditions, I would just like to ensure that if you are going to have
some kind of approval or conditional approval that any Findings would reflect our
staff comments particularly in regard to Ordinance requirements for paving and
landscaping and those issues. I would like Fire Marshall to speak now? I guess
that's primarily the reason they had it for denial; it was based on Skip Voss'
testimony. This property was annexed, at least by the information given to us by
the applicant, it was roughly 19 years ago. I don't know anything about the
history of approvals at that time or - Gary tells me it was part of the VanAuker
annexation when they'd come in and called it an industrial subdivision and we
had since seen pressure that's not really developing as an industrial subdivision,
but it's being parceled out piece by piece and not really with a plan at all. The
applicant brings up a point that why did the City annex property without providing
services to it, and it's the City's policy that as part of a development, it's the
applicant's responsibility to see and to solve any problems with serving the
property. The City doesn't annex property and then immediately go out and
provide services to it. It needs to be done as part of the development. That's a
little bit of the history. I don't know if you have copies of the new site plan. The
first plan was a little different in that it had shown all of the parking areas, I
believe, were paved at that time. Now they're showing only the driveways to be
paved which that would be a violation of City Ordinance. Also, we would have to
look at the landscape plan and see if that was going to fit our requirements, but -
is this - can you see from there? Is this the latest version that you have? That's
- it's showing paved driveway all the way around, and then a lot of motor home
parking and employee parking is all proposed to be graveled, that would require
a variance. The storage area in the back, I believe Planning and Zoning
Commission, at least in their testimony during the public hearing, didn't have a
problem with having a certain area designated that could be gravel. Staff is
concerned about the use of gravel parking areas. There are some air-quality
issues and the (inaudible) dust created by such gravel areas. They do propose
landscaping on Franklin Road. We had requested a landscape setback of 35
feet beyond the required right-of-way. Apparently Ada County Highway District is
not requesting any additional right-of-way dedication. I guess if we force the
issue and stated that was a condition of our approval, they would be prepared to
I -
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accept that additional right-of-way for this section line road. That's all the
testimony I have. Would you like to hear from Fire Marshall Voss?
Voss: Mayor and City Council, Raymond Voss, Fire Marshall, Meridian Fire
Department. We sent in a letter to zoning on this. I say "we" meaning the Fire
Department. The Fire Chief and I. This occupancy is in operation without our
blessing. They do not conform to the City Ordinances at this time. There's no
water out there for firefighting whatsoever. City water does not go out there yet.
They have a building - repair building in the back that they are welding and
cutting in. Under the code, it should be fire sprinkled. It is not. The units seem a
little close. I may be wrong. I haven't been out and measured them. We do
know that if something like that catches on fire, it does spread rapidly from one
unit to another. No water there. We don't have any way to fight a fire if that does
happen. The Fire Department felt that this should not be approved because of
these problems with lack of water and lack of proper equipment on site like the
sprinkler in the building. If you look at the picture Shari has up, that building back
there at the back of the picture, it says "RV Repair," it's the building that they're
cutting and welding in, and it's my understanding at this time. That building was
built to service concrete pumper trucks years ago. But it was my understanding,
and I may be wrong because I'm still confused on this, that was a County permit
that was issued for that to go in there. It was not a City permit. Will and I have
tried to find anything on the City permit for that concrete outfit, and we can't do it.
I'm pretty sure that was a County permit, and these people bought the property,
gone in there - and I'm not trying to put them out of business. I'm just saying I
don't think we should approve this at this time because couldn't bring up to
standards the water and the sprinkler systems and this kind of thing.
Corrie: Any questions? Staff?
Anderson: Mr. Mayor, I had one. How long has this been an RV business, now,
Skip?
Voss: Couple years I'd say. Couple three years.
Bird: It's been longer than that.
Corrie: You can ask the applicant. Any other questions? I'm going to - this is a
public hearing, but I told the applicant that I would let him speak to this on some
of the questions and things he had said. So before I bring him up, for the record,
the applicant has come to my office several times advocating his position in this.
I just wanted the Council to know ahead that I had him in the office like any other
citizen wanting questions and trying to get some answers. So at that point, I'd
invite Matt up and he has brought some papers to us, and we'll hear what he has
to say.
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Dugan: Mayor, Council members, my name is Matt Dugan, I'm the President of
Maple Grove RV Service, Inc., at 2490 West Franklin Road. First of all, if my
etiquette isn't up to standard, I don't do this every day, so excuse me. It's
definitely not due to the lack of any respect. I'm going to state our position, our
position statement, of Maple Grove RV which I was given a letter from the City
Attorney's office that this is what I'm supposed to do. It's going to take me a
minute to read it. It won't take long, so please bear with me. Maple Grove RV
respectfully requests the Meridian City Council to overturn the Planning and
Zoning Commission's recommendation to deny our request for a Conditional Use
Permit and to immediately approve said request on the following grounds:
references to ambiguous or non-existent code; ordinance or section violations;
and inconsistent or untrue statements presented as fact by the Meridian City
Rural Fire Department. This mislead the Planning and Zoning Commission to
believe the facility does not meet fire code. It is the contention of Maple Grove
RV that if this facility does not meet fire code, it is due to the lack of negligence of
the City of Meridian and its entities for 19 years to fulfill their obligations to
provide City water hookup with 300 feet of said property boundaries as required
by City ordinance. We further contend the City of Meridian and its entities have
been fully aware of this situation and have continued to approve and I or
condone the development and use of said property without City water to
compensate for their unwillingness and I or unpreparedness to provide City water
as required by City ordinance thereby creating an atmosphere of acceptable
practice becoming recognized policy. It is a position of Maple Grove RV that
there is sufficient evidence to support findings that said property has been
approved by the City of Meridian and its entities for annexation, zoning,
development and use as light-industrial, commercial property in the absence of
City water for the past 19 years. By virtue of the presumed knowledge of said
property's development and uses, the Meridian City Rural Fire Department has
approved and I or condoned said development and uses in the absence of City
water. We further contend that is reasonable to assumption that said property
continues to meet all terms and conditions of statutes as set forth by the City of
Meridian and its entities for continued use as light-industrial, commercial property
in the absence of City water without prejudice or malice until the City of Meridian
and its entities provide City water. For the five years previous to our occupancy,
said property was owned and operated by a concrete pumping company as
headquarters for a dealership, storage, maintenance, repair and dispatch facility
for numerous large vehicles. The City of Meridian and its entities approved the
construction of a building to use for the maintenance and repair of these large
vehicles using various tools including hotwork equipment. The property owner
did hold a valid dealers license issued by the State of Idaho. The dealers license
allowed the property to buy and sell more than five vehicles annually as required
by the Idaho Department of Transportation. The property owner was never
required to attain a Conditional Use Permit to do business. For the past 3-1/2
years, Maple Grove RV has used said property as headquarters for a
recreational vehicle maintenance and repair business where numerous large
vehicles are serviced by the facility. The building erected by the previous owner
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Page 39
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issued for maintenance and repair of the RVs using various tools including
hotwork equipment. These activities are allowed without a Conditional Use
Permit as set forth in City Ordinance 11-8-1-C. Maple Grove RV would like to
obtain a dealers license in order to sell more than five used vehicles per year;
however, a dealers license as set forth in City Ordinance 11-8-1-8 does require a
Conditional Use Permit which is the reason Maple Grove RV submitted a
Conditional Use Permit application. It is clear that the use of said property has
maintained a consistent theme --
*** End of Side 3 ***
-- and repair utilizing the shop as it was authorized for use having been subjected
to an inspection for conformance to specifications and plans and found to be in
compliance with the Ordinances of City of Meridian as noted on the building
construction permit. Our research indicates the Fire Department, the Department
of Public Works and the Meridian City Attorney's office have no documentation to
indicate any fire code violations or that any has ever existed on said property.
The Meridian City Rural Fire Department was requested by the Planning and
Zoning Department to comment on their ability to service said property without
City water. Instead of an assessment of their ability, the Fire Department
submitted commentary in a form of a letter dated March 27th, 2000, which does
not contain one reference to the Fire Department's ability to provide services to
said property without City water. The Fire Department made claims of undefined
City Code violations, one specific claim to a violation of USD Article 49 with a
notation of a specific need for sprinklers in the building when using hotworks
equipment and unqualified opinion of who should have to run City water to the
site. Taking the one specific claim of the Uniform Fire Code violation seriously,
Maple Grove RV researched Article 49, and there is not one direct reference to a
sprinkled building within said Article. Therefore, this claim of Fire Code violation
is a misrepresentation of Maple Grove RV's business practices, and has no
bearing on a Conditional Use Permit application. The Fire Department's
credibility continues to be in question due to the statements made by Raymond
Voss, Fire Marshall, in direct response to inquiries by the Planning and Zoning
Commission, made it a public hearing on April 11, 2000. Fire Marshall Voss
introduced numerous innuendoes and allegations founded in hearsay and
speculation but presented as fact without substantiation. The most serious of
these groundless claims declares Maple Grove RV has legal proceedings
pending for enforcement with Meridian City Attorney's office. Again, taking this
claim of unknown pending legal action seriously, Maple Grove RV contacted the
City Attorney's office for enlightenment. The City Attorney's office provided
documentation that clearly refutes Marshall Voss' claim of pending legal
proceedings. The Fire Department was requested to produce 19 points identified
as quotes made by Fire Marshall Voss in his testimony. To date, no response
has been received from the Fire Department in support of Marshall Voss'
testimony leaving Maple Grove RV to believe that there is no evidence to support
Marshall Voss' testimony as fact. With the tainted expert testimony and refutable
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Meridian City Council Meeting'
May 2, 2000
Page 40
documentation from the Meridian City Rural Fire Department, there is no
conclusive evidence before the City of Meridian and its entities of Fire Code
violations which is a stated foundation for the Planning and Zoning Commission
to have recommended denial of the Conditional Use Permit application, and
therefore, no grounds to deny our Conditional Use Permit application.
Commissioner Hatcher said it best, and I quote: If there was somebody's hand
slapping the City, I would do that because I feel somebody dropped the ball. It is
the City's responsibility to provide the necessary utilities to that piece of property.
If Mr. Dugan does not have those facilities, then I feel it is the City's responsibility
to justify those. I say to the City, let's get this problem solved and let's get it
resolved now. End of quote. The City of Meridian can easily resolve this issue
by approving our request for a Conditional Use Permit application without City
water as has been past practice or immediately provide said property with City
services eliminating any concerns either real or imagined the Planning and
Zoning Commission may have. That's what I have.
Bird: Mr. Mayor, I don't have any questions for Mr. Dugan. I've got questions
for our staff. Mr. Voss, has all the repair shops that use welders or cutting torch
in the City of Meridian sprinkled?
Voss: No. We have one other than, again, my understanding is in a legal battle
right now.
Bird: It doesn't have sprinklers. Every repair shop - every automotive repair
shop, every service station has sprinklers?
Voss: No. Service stations don't. It's got to be over 3,000 sJ. His building is
3600 s.f., so he's required to be sprinkled. The service station bays are, two-car
bay, is not required.
Bird: Okay. That's what I'm asking. Now, I'd like to ask Gary how far away is
the water and the sewer? I realize the sewer goes to the Black Cat. We've been
approving, for the past two years, two of us has sat on here and approved stuff
that we've had lift stations to get it back to another one. Why haven't we gotten
the water down there to this point?
Smith: There have been no requests for water, Councilman.
Bird: But it says right there in our Ordinance that if we annex somebody, we get
the service to them. Am I not right? Provide the services to them?
Smith: I don't know what the Ordinance says.
Bird: Okay, Gary, but how far away is it?
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Meridian City Council Meeting
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Page 41
Smith: It's at the west side of the projects being done by Interstate Battery right
now. I don't know how far that is from this project.
Bird: Probably % mile.
Smith: I would probably guess that. Correct.
Bird: So all those down around there. And is Bowers' place in the City now?
Smith: I don't know.
Bird: Or does it stop there at the line?
Voss: It shows it in the City on the map.
Bird: And that's Jerry's?
Voss: (inaudible)
Bird: yeah. I know who originally owned it and who - I was thinking he also had
some - is he the one that started the repair up there? Okay. Speak into the mic,
Skip.
Voss: I know when VanAuker annexed that he did not bring in that property
because she would not come in the City.
Bird: Juanita?
Voss: Yeah. She did not want in the City, so that parcel was left out. That's why
it's shown on the map like it is as a separate parcel. I'm not sure when it was
annexed.
Bird: it said in our document here 19 years ago, I think.
Voss: Well, that was your VanAuker annexation.
Bird: That was the VanAuker annexation -
Voss: You go through the propeties that were annexed, and it doesn not list the
(inaudible) property.
Bird: Ron didn't buy that from Juanita at that time. I mean, that was her own
proerpty. He'd bought Bowers and all them around there.
Voss: She was already there. Papa Bowers would give Don his property and
give her that.
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Page 42
['
Bird: Okay.
DeWeerd: Mr. Mayor, I guess I have a question to Gary. When we annex into
the City, hasn't the developer as things started to develop, don't they run those
services out or is it the City that does it? I was under the impression that the
developer did it.
Smith: I guess I think this probably was annexed in 1979, Councilwoman
deWeerd, and as I recall at that tiem when Mr. VanAuker brought it before the
City for annexation, he had some kind of plan to develop that whole area into an
industrial park. I guess in reference to your question specifically, the
development community, when they bring a development in like that, they do
extend the services to serve the development. The City doesn't do that as part of
the annexation just annexing the property. Now, Councilman's Bird reference to
the Ordinance - I'm not sure. I don't know.
Bird: That's just in here, Gary. That's what I've been told that we are to provide
it down there. Most of the time on your subdivisions and stuff, we run it through
or they get latecomers. They deal with inside the subdivision is where the
developers work, right?
Smith: They extend it through the subdivision. Correct. Now, we have extended
lines on our own in order for development to take place when the Council
decided that they wanted to see development take place in certain areas of the
City, then we did undertake projects on our own to extend sewer and/or water
for sewering those properties. That was a decision that the Council made to
encourage development in certain areas.
DeWeerd: Has there - I'm sorry.
(inaudible - tape machine recorded inaudibly)
deWeerd: I guess the question is has there been a request to extend the
services out to that prpoerty?
Smith: Not that I'm aware of.
Anderson: I'm a little confused on what caused all the review of this. The
request from the applicant was to be able to sell some RVs there? It wasn't
bulding on the building or anything, was it? He just wanted to start selling some
vehicles at retail?
Stiles: When they want to get a dealers license to actually sell vehicles, the
Transportation Department requires them to get zoning compliance from our
Department, and since he doesn't comply and since the sales lot does require a
Conditional Use Permit, that's why he was requested to submit an application.
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Anderson: This gets back to the issue that we talked about our other meeting. A
business license would help to eliminate a lot of this stuff because people would
know all this stuff going in. When we change from one business to another.
Now that we've identified that there are all these problems, now what's the next
step?
Stiles: I would just like - I have a copy of the Ordinance annexing the property,
and I had extensively researched this area of - Walt Morrow was involved in it.
There was a great salesmanship job done back when it was annexed, it was
going to be a lovely industrial park. They were going to immediately come in with
the preliminary plat for the property, and, of course, we haven't seen any of that,
which in Section 3 of the Ordinance, No. 388, annexing the property, it says: The
above described property to be known as Linder Industrial Park and zoned D
Industrial, is annexed to the City of Meridian subject to the following
requirements: That the preliminary plat to be submitted answer to the questions
of traffic, landscaping, sewer and water connections and design review. So that
was clearly an issue that's been back in 1981 when this was done. I would
usppose that the option that the City would have, one option the City would have,
would be to de-annex it due to non-compliance with the representations that
were made during the annexation process.
Anderson: That still wouldn't solve the Fire Code violations and the lack of water
supply, but it would resolve the landscaping issues. Right?
Stiles: It'd be Ada County's problem then.
Bird: They've got their own well.
Anderson: Mr. Mayor, I'm not sure tonight whetehr we can resolve this issue. I
guess I would make a motion that we table this and take all this information
under advisement and maybe think on this a while and maybe set up an
additional meeting with Mr. Dugan and the Fire Department and P & Z and
maybe see what we can resolve on these issues.
Corrie: Is that a motion?
Anderson: No, it was just a sugggestion.
Nichols: Mr. Mayor and members of the Council, point of order. Mr. Dugan
handed the City Clerk and copies have been distributed of the response with
attachments, and that should be noted as having been received in the record
even though this isn't a public hearing, this should still be noted as having been
received on the record.
Corrie: Any other comments?
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Anderson: I guess I would make a motion, then, that we table this and just take it
under advisement at the present time.
Bird: Second.
Corrie: Okay, motion made and seconded to table this and take it under
advisement until we have further discussion with the Fire Department and
Planning and Zoning and Mr. Dugan. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Okay, we'll get together with you and the Fire Department and Planning
and Zoning and see what can be done here on this one. As soon as we can -
Shari, if you can kind of put the program together for us and give us a time.
Stiles: Is this tabled to a date certain?
Corrie: We can just bring it back off - tabled. So we need to have you make -
get some timing for us. As soon as we have those meetings, then we can bring it
back off the table. There's no time certain on it. That'll give you some time to
work this out as best as we can. Is that - motion.
Anderson: Yes, and I'd also like to maybe involve the City Attorney because he
can maybe guide us legally as far as what our option is on this.
Corrie: So we'll get to it as soon as we can get everybody together. We'll be
notifying you of a time and place.
Dugan: Okay. Thank you.
Item 9.
CUP 00-018: Request for Conditional Use Permit for a proposed
high-tech manufacturing facility / machine shop in a C-G zone on a
vacant lot on Lot 5, Block 2 of Troutner Business Park by Joseph
Heilker:
Corrie: Okay, Item No.9 is the CUP 00-018 request for Conditional Use Permit
for proposed high-tech manufacturing facility I machine shop in a C-G zone on a
vacant lot on Lot 5, Block 2 of Troutner Business Park by Joseph Heilker. Staff.
Stiles: Mr. Mayor and Council, this is for a property located at the southeast
corner of Pinwoods and SW 5th Avenue, it's the Troutner Business Park. Our
zoning schedule of use control does not address high-tech machining facilities.
We do have a couple of them that are located in light-industrial zones. Mr.
Heilker currently operates over near the Micron area out in that general area, I
believe, and is quickly running out of space for his machine shop. It is - I haven't
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gone on a tour yet. I would still like to go on a tour, but I think it's similar to
operations maybe at Hi-Micro Tools where they have the very expensive
machinery that does very precise machining of these electronic components, but
Mr. Heilker can explain in much better detail. The reason they're wanting to
come to the Troutner Business Park besides its centralized location in Meridian is
a high quality of the development that's being constructed in there. The
subdivision has gone slowly, but they do have high standards. I encouraged Mr.
Heilker to come in and indicated that staff could support this application, and a lot
of that was based on Mike Ballantine's discussions with me on this was exactly
the type of client the City of Meridian would welcome and should - he would like
to have within his development. Mr. Heilker could find available light-industrial
sites on which to locate his facility; however, the standards that exist in some of
those existing areas is not up to what he would like to bring to the City of
Meridian. Staff recommends approval of this request in accordance with the staff
and agency comments, and that's all I had.
Corrie: Okay. While it's not a public hearing, I would like Joe - if you would like
to make your statement.
Blecha: Mayor Corrie and members of the Council, my name is George Blecha
and I reside at 507 Hill View Drive in Boise, Idaho, and I am the project architect
for Joseph and Stacey Heilker. I actually come here to answer any questions
that you might have of me of this project. It is true, as Stacey has presented -
excuse me, Shari Stiles, we've had many conversations. I apologize for that.
Mr. Heilker has outgrown his facility out on Citation Circle which is across the
roadway from Shapka Distributing off of Gowen Road. This facility here is
approximately 10,000 s.f. which about 2400 of it is office support space for the
manufacturing, and we kind of have to go lightly on manufacturing. I guess
they're kind of getting a little more involved in the process there. It is high-tech.
All the machining is done in enclosed chambers which there is virtually no
environmental impact or chemical impact to the area. What the process involves
is manufacturing of either failed parts from or new parts in the manufacturing of
various industries here in the valley, and that ranges anywhere from Micron
Technology to Howard Bar in which many of their parts do wear out in conveyor
portions and slides and plastic parts that the silicone people use in their
manufacturing process. So it is very clean. The waste products that come from
the machining, I'm presuming, is recycled in a very clean manner. I'm not sure
that I could add much more to that, but I'm here to answer any of your questions.
Corrie: Any questions?
Bird: I have none.
Corrie: Thank you. Any discussion? I'll get a motion, then, on the request for
Conditional Use Permit.
Meridian City Council Meeting
May 2, 2000
Page 46
Bird: Mr. Mayor, I move that we approve the Conditional Use Permit for the
attorney to draw up the Findings of Facts and Conclusions of Law, Decision of
Order for a proposed high-tech manufacturing facility, machine shop, in a C-G
zone on a vacant lot on Lot 5, Block 2 of Troutner Business Park by Joseph
Heilker.
McCandless: Second.
Corrie: Motion is made and seconded to approve the Conditional Use Permit
and have the attorney draw up the Findings of Facts and Conclusions of Law
with the approval of the Council. Any further discussion? Mr. Clerk, roll-call vote,
please.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 10.
V AC 00-003: Request by Ronald C. and Rafanelli Nahas for a
vacation of public utility easement in a C-G zone - Lots 12, 13, 14,
and 15 of Block 2 of Central Valley Corporate Park No.5:
Corrie: Item No. 10, request by Ronald C. and Mrs. Nahas for a vacation of
public utility easement in a C-G zone, Lots 12, 13, 14 and 15 of Block 2, Central
Valley Corporate Park No.5. Staff, comments?
Smith: Mr. Mayor and Council members, this is a request by the developer to
vacate a public utility easement in a C-G zone for subdivision Central Valley
Corporate Park No.5. Part of this easement vacation is also going to involve a
lotline adjustment for four lots within that subdivision. It's the Lot No. 12 is the lot
within which they're asking for vacation of utility easements, and Lot 13, 14 and
15 of that subdivision will be increased in size from what was originally platted.
Lot No. 12 will be decreased in size from what was originally platted. I don't
believe there are any problems in terms of the existing utilities within that Lot No.
12 with one exception: There is an irrigation ditch that was piped through there,
takes water from the Eight Mile Lateral and conveys it to the west for use, and
I've been in contact with Gene Smith who's the - was the engineer with Hubble
Engineering and their land surveyor concerning the existing irrigation pipe to
make sure that it was - that an easement was maintained for that irrigation pipe.
But other than that, I don't think there are any - haven't been any comments by
the utilities that I know of within Lot No. 12.
Corrie: Thank you, Gary. Is the applicant here tonight? Okay. Council, I'll
entertain a motion or other discussion on the request for a vacation of public
easement on Item No. 10.
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Meridian City Council Meeting
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Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts
and Conclusions of Law and Decision of Order for the request of the vacation of
public utility easement in a C-G zone, Lots 12, 13, 14 and 15 of Block 2, Central
Valley Corporate Park No.5 by Ronald C. and Rafanelli Nahas.
Corrie: Okay, is there a second for a motion?
Anderson: Second.
Corrie: Motion made and seconded to approve the request for vacation of public
utility easement, Item No. 10, and attorney to draw up the decision. Any further
discussion? Roll-call vote, Mr. Clerk.
RoIl-calI: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 11.
CUP 00-019: Request by Jeff and Mike Hon for a Conditional Use
Permit for planned unit development for two principle buildings on a
single lot in Honor Park Subdivision No. 2 in a C-G zone - 357 E.
Watertower Lane:
Corrie: Item No. 11, CUP 00-019, request by Jeff and Mike Hon for a Conditional
Use Permit for planned-unit development for two principle buildings on a single
lot in Honor Park Subdivision No. 2 in a C-G zone, 357 East Watertower Lane.
Staff, comments.
Smith: Mr. Mayor, Council members, I'm not too sure of this project other than I
did overhear Shari visiting with Jeff Hon and the project architect. She indicated
to them that she didn't have a problem with this request, so they left the building.
Ron Hon was here also, and Shari indicated to him that she didn't have any
problem with the request. I'm sorry. That's alii know about the project.
Corrie: You filled in nicely there, Gary. Any questions from Council? Hearing
none, I'll entertain a motion on the Item No. 11, CUP.
Anderson: Mr. Mayor, I'd make a motion that we have the City Attorney draw up
the Findings of Facts and Conclusions of Law and Decision of Order approving
the request for Conditional Use Permit for a planned-unit development for two
principle buildings on a single lot in Honor Park Subdivision No.2 in a C-G zone,
357 East Watertower Lane.
Bird: Second.
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Corrie: Motion made and seconded to approve the request for Conditional Use
Permit and have the attorney draw up the Findings of Facts and Conclusions of
Law with approval of Council. Any further discussion?
deWeerd: Mr. Mayor, just ask Shari if she had any response from the applicant
on the conditions from P & Z or from staff.
Stiles: Jeff Hon was here earlier, and I told him that it would be no problem if
they left as long as there weren't any conditions of dispute and they have a
problem meeting all the conditions recommended by Planning and Zoning
Commission.
deWeerd: Thank you.
Corrie: Mr. Clerk, roll-call vote, please.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 12.
FP 00-004: Request for Final Plat approval of 32 building lots and
5 other lots 12.801 acres in an R-4 zone for Tarawood
Subdivision by Michelangelo Investments, LLC / Frank Stoppello:
Corrie: Item No. 12, request for Final Plat approval, 32 building lots and 5 other
lots, 12.801 acres in an R-4 zone and R-T zone for Tarawood Subdivision by
Michelangelo Investments, LLC and Frank Stoppello.
Stiles: Mr. Mayor and Council, this property was recently annexed into the City
with an R-4 zone. The applicant - we have received a response from the
applicant's representative to our comments. There were a couple of items that
we wanted to discuss. I know during the preliminary plat process and maybe Mr.
Stoppello can enlighten me on what approval process has taken place with the
Bureau of Reclamation. I know that Becky Bowcutt did testify that the Bureau of
Reclamation told her do not come back here for another crossing of that Nine
Mile Creek. However, I wasn't aware until this final plat was submitted - I guess
I wasn't aware of what this looked like back behind the property. This would be
where Thousand Springs, Sherbrooke Hollows is, and that has all been fenced
on the top of the bank there. Applicant is proposing to leave this open here and
provide a pathway subject to Nampa Meridian Irrigation District's approval in this
location. I have not gone out to the site and not seen these pictures until today.
I'm wondering how a pathway is going to be provided within 10 feet here. It
appears that from - there's more than 10 feet from the top of bank to the
fenceline here. It may be deceiving view here, but that's one issue that I'd like
Mr. Stoppello to address or his engineer if he's here. They are proposing to just
fence off this drain and construct a - they showed a four-foot wide sidewalk on
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Meridian City Council Meeting
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their landscape plan, but they had indicated verbally they - they had both
indicated verbally that they would provide a five-foot pedestrian walkway to meet
our Ordinance requirements. I guess I would just ask that if this is not to be
piped as it was throughout Sherbrooke Hollows, that we receive letters from the
Bureau of Reclamation indicating that they will in no way entertain the notion that
this could be a piped ditch. This is where an existing walkway or drainage comes
in from the Thousand Springs Subdivision. The other area that they have
requested a modification to the conditions of approval would be this here. This is
part of - actually, it would be on the side of the Nine Mile Creek. They are
proposing that it would be part of this lot here in order for that to be useable
ground. The City still maintains that they would like to try to develop a pathway
system through this area at some point and would like that to be maintained as a
common lot. This would be - this section of ground, this parcel here, is
immediately behind other lots, existing lots, in Los Alamitos Subdivision, and I
don't know what use this property would have for it. I guess it would be a good
garden spot, maybe, or RV storage area. Other than that, staff still maintains
that they would like that to be dedicated as a common lot to be owned and
maintained by the Homeowners Association. Those were the only two items that
we had as possible discussion items, and do you have any questions of me?
Stoppello: Mr. Mayor, members of the Council, my name is Frank Stoppello. If I
could - Shari, if I'm understanding the pictures, if I could, could I go over there -
if you don't mind going back to the one that you had there. Okay. Shari, I think
your pictures, where that one photograph is, as I understand, I wasn't quite sure
what about that Sherbrooke Hollows. The Nine Mile Drain, this is all Nine Mile
Drain. It is Nine Mile, isn't it? Not Seven. It used to kind of come in here below
the Ridenbaugh. Kind of had a lot of drainage from the Ridenbaugh and it come
in here. As I understand it, the last subdivision, and where you're talking about
the Corps of Engineers and that sort of thing, somehow they were allowed to
bury that and then come straight in here. The picture that you showed, if I'm not
mistaken, was someone (inaudible) right here. There was no more Nine Mile
Drain here because it comes somewhat like this and directly that way as I
understand it, and it comes out right here. Whoever was taking that photograph
was looking down here. Now, questions about what you had. The reason this
10-foot right-of-way was put in here was to satisfy the City's eventual plan to
hopefully have a walkway on the Ridenbaugh Canal and the Nine Mile Drain.
This actually is about 100 year-old easement. In fact, until the ditch company
tore it out, the old wire fence was still right here. And they bring their equipment
in here and they clean this first ditch out and the Seven Mile and they go all the
way down here and clean this out. The road runs right along this edge. And it
goes up - I don't own this part of the Seven Mile - Nine Mile Drain - I believe Mr.
Babbit does. So this proposal, and I think staff has accepted it, we would
recognize the old 1 aD-mile right-of-way right to where Sherbrooke has its
proposed walkway if it's ever agreed with Nampa Meridian, and we would gravel
this and Nampa Meridian, as I understand Becky Bowcutt, said we can still go
ahead and gravel five - this road along this edge right to here, and I would still
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Meridian City Council Meeting
May 21 2000
Page 50
fence this part - this is already fenced along here, and then I would fence this
and there would be access here and access here that would be locked until that
agreement could be made with the City. Now, up here in answer to your
question, as I've said at a number of meetings, Mr. Sutter and his wife is here,
the proposal is this is part of this plat of land. You can't get rid of it. You had to
include the subdivision - couldn't take it out. It is deeded land. It has nothing to
do with the Seven Mile Drain because the access road is right along - I believe
this is Mr. Babbit's property. My proposal - there are two proposals, because
Shari, you told me the third one I couldn't do. First one is Mr. Sutter wants to buy
it if we can sell it to him. He owns this unsubdivided - how many acres, Mike,
five? Five acres here going out to Locust Grove. My first proposal that I
promised is to sell this to him. If it can't be worked out with him, my second was
sell it to these lot owners who are interested. Shari said that can't be done, so I
can't do that. The third one is that it will be sold and developed with this lot. It's
a half acre, it's a beautiful piece of land. You couldn't build on it, but you can do
anything from a kids' play area to a garden or whatever. So that's the proposal
there. A common lot - that has never been in the plans, and like I said, if this
City's eventual plan with Nampa Meridian to make this a walkway, the walkway
would be along the road here and would continue along Mr. Babbit's land until it
got into the Los Alamitos part of the drain. So like I said, that has always been
proposed as an unbuildable lot for (inaudible) to the plat, but the plan is Mr.
Sutter, if we can't do it, then this will be sold and developed as one. This would
be unbuildable in here because this is only 50 feet wide. But it is a half acre of
land. Like I said, you cannot - this is huge in here. You cannot, as I understand
what Becky Bowcutt said, that whoever the federal authorities are said you will
not ever pipe anymore of this Seven Mile Drain - excuse me, it comes in right
here. That picture was just looking this way toward the access into the next
subdivision.
Anderson: Mr. Mayor, two questions. Where did that paved path that we saw in
the one picture that just kind of came up and dead-ended. Where does that
come into your subdivision?
Stoppello: As I understand that, that picture is right here. We are not required,
and Shari proposed this, to bring it all the way to the canal. Bring it right here - if
I'm correct, Shari, that part is part of Sherbrooke Hollows and it comes up here.
As I understand it, it's fenced off or locked off from the canal. What Shari, when
we met in November, was just bring this here because if this is ever allowed, it
will hook right into that paved part going to the canal. But no one can use this
paved part. The Nampa Meridian won't allow anybody to be up on this canal. In
fact, right here they just put a large sign that said no trespassing. What Becky
told me was that they're insisting or have insisted that there be no access here.
This is locked. From the Sherbrooke Hollows paved path.
Anderson: So is that path, the direction of it, heading north? Or is it heading
east?
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Meridian City Council Meeting
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Page 51
Stoppello: Sir, I think it comes up out of the street. Am I right, Shari, or am I
wrong? Oh, excuse me.
Anderson: If that's heading north, where does that hit into your subdivision?
Stoppello: This must be Sherbrooke over here.
Anderson: Is that heading south?
Stiles: It's right where they've piped - that's where they've piped the Nine Mile
Creek, the drain there, and the outlet is right on this side of the fence next to your
property.
Stoppello: Is it right here?
Stiles: Yes. That's where the outlet is. That's where the pipe is, yes.
Stoppello: The only one I've - for some reason this doesn't jive. The one that -
up on the corner by the Ridenbaugh on the overhead is my understanding is the
access to the Ridenbaugh Canal if it can ever be worked out (inaudible).
Stiles: I believe so. Mr. Stoppello, I guess my question was that 1 Q-foot area is
not any part of a ditch?
Stoppello: No. There is no ditch there anymore. If we could go back, I'll show
something.
Stiles: So this is where the outlet pipe comes out and then travels west?
Stoppello: This is south to north. That's my land, comes right in and goes over
the western boundary. Back up this way, there's nothing - there used to be an
irrigation ditch, and this is the basically - kind of covered. This is where they
travel along to clean out the ditch. Now, of course, with the subdivision in, they'll
have the south (inaudible) also, but I voluntarily agreed to that -- if we could go
back to that overhead subdivision. Because they now come in from here, they
don't need to do any kind of access here at all. Come in on this side or this side
to do all of this. They actually, according to Becky, didn't need anything past this
entryway, but voluntarily we put in this 1 Q-foot. There's no piping or ditch here at
all.
Stiles: Okay. Thank you. I just wanted some clarification on that.
Anderson: I guess what I was getting at, I was just trying to figure out if there
was a way that you could connect the pathway that's in the Sherbrooke Hollows
with the pathway that you're talking about; I still don't understand what direction
Meridian City Council Meeting
May 2, 2000
Page 52
you're heading there. But if those could be connected so that they provide
interconnectivity -
Stoppello: It would be right here, sir. In fact, when they allow it if it's ever
allowed, there would be access by a chainlink fence or gate would be opened up.
Shari, am I right? Their paving kind of comes at an angle like this and goes that
way? Am I correct?
Stiles: I haven't been out there to see actually how they've paved that.
Stoppello: This is where we're - I know that their access is right there and it'd
just be right through the fence is where it would be and it'd be right on their path
to the Ridenbaugh. That was the reason why this wasn't brought another 20 or
30 feet. There was no need to have two accesses on the canal, just one. But
this is paved, I believe, right from - it goes up from the street.
Stiles: Yeah, it's an angle.
Stoppello: I think. That has been, as I understand it, (inaudible) by the irrigation
company. So it's there, you just can't use it. But if the agreements ever reach
this whole thing would be the access pedestrian path right there. The gates
would be right here. Which will be locked now, but if the agreement's every
reached (inaudible).
Anderson: Then my second question, I think, would go to Shari and staff on th.e
lot. You talked about the second option was to sell it to the homeowners to the
east of that on the one oddball lot. Why can't that be a possibility? It seems
logical people to sell it to. It's on the other side of the ditch.
Stiles: It wasn't said that it was an impossibility. It was - they would have to re-
plat it. They couldn't just sell off pieces of it to those property owners. They
would have to actually have to go in to the other subdivision and re-subdivide
that portion of Los Alamitos.
Stoppello: Okay. I think you did tell me that and in my mind I thought that would
be hard to do.
*** End of Side 4 ***
Stoppello: -- five acres out to Locust Grove, so that would be a natural for him
also. I would be very honest with you. According to Mr. Babbit, for some reason
he never sold this as part of the sale. (inaudible)
Corrie: (inaudible) yeah. Come up to the microphone and give us your name.
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Meridian City Council Meeting
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Page 53
Sutter: My name is Mike Sutter, Mr. Mayor. Just this last week, the property that
Mr. Babbit owns was quit-claim deeded over to myself, so now I have common
land to that Lot 1. Very much like the people to the east you mentioned. Just a
point of reference.
Stoppello: You basically owned the Seven Mile Drain here in this area; right?
Okay. I knew there was something going on like that.
deWeerd: Mr. Mayor, right now that piece is a common lot under the preliminary
plat? Is that correct?
Stiles: Yes. Under the preliminary plat approval, that was approved as a
common lot.
deWeerd: As I recall it on P & Z, we made that a common lot unless you could
give it to one of the neighbors.
Stoppello: It's never been a common lot on anything. It never has been.
deWeerd: That is what I recall, though.
Stoppello: No. Ma'am, I'm sorry to disagree. That's never been a common lot.
That was always going to be sold to the neighbors or sold for this lot. (inaudible)
it never was (inaudible).
deWeerd: It's just my recollection that we did not, at P & Z, and I don't know
what happened going up to City Council, but we did not agree that that could be
a part of Lot 3.
Stoppello: Well, at that time, ma'am, there was a - staff had proposed a 10-foot
right-of-way from the street to the Seven Mile.
Stiles: That was one option that we discussed. I don't believe -
Stoppello: There's no - because we've done all of this that this ahs been
removed at that time at P & Z, but it's never been a common lot. What had been
brought up at P & Z, in a joking manner, I didn't want to keep that lot maintained
forever, and it would be sold if deeded to the neighbors, to Mr. Sutter, the other
neighbors didn't want it or be developed and sold with Lot 3. That was always
what they wanted.
deWeerd: I know that was what you were proposing.
Stoppello: No one ever bordered - on a common lot.
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Stiles: Mr. Mayor, I don't have a signed copy of the Findings on the annexation,
but they're - at least in the draft that I had from the November 3, 1999, meeting it
has a section 3.12, and I don't - I'd have to do some review to see if this was
changed during the meeting. It says to adjust the adjacent lot line to provide the
minimum street frontage and create a 10-foot wide common area in place of the
10-foot easement adjacent to the north of Lot 3, Block 1. This is - I wish this
weren't coming up at the Final Plat stage, and I know that you don't like it either,
but what is happening here, if this went to Mr. Sutter, it would basically shut off
any access the City would have for this short little section for pedestrian access.
It is already annexed apparently, this little piece, little - well, it shows it as being
annexed on our GIS system.
Unidentified: (inaudible)
Stiles: Okay. So, until future development of this property, the City wouldn't be
able to place any conditions to try to get that approved. It is part of our
Comprehensive Plan to provide walkways along all of these drains. You can see
where this comes up, that it dead-ends, really, at a building lot. This is where the
drain continues through. It is open here. This is a common lot in Los Alamitos
Subdivision that they also use for drainage, so the logical location would be not
on this lot, but over on this side on Mr. Sutter's property which I know he's not
real happy to hear. This piece is not really going to be useable by him as part of
his property if we go through with having a pedestrian walkway along the Nine
Mile Creek. The more logical location would be for these three properties, or
four, to actually do a re-subdivision of that section and allow them to have those
as part of their lots or continue to maintain this as a common lot, but either way
it's a funny piece. I don't know what you do with it.
Stoppello: Mr. Sutter does have access right across here. The right-of-way goes
right out here. This is the road here. It goes right down here and right out, so he
does have access to that.
Stiles: Right here, Mr. Stoppello? This is his -
Stoppello: Right here, ma'am. Right there. This is the Seven Mile Drain. The
culvert is right here, and the road -this is Mr. Sutter's parcel right here, and the
road goes right across the Seven Mile Drain and continues on this 50-foot right-
of-way. So he does already have access if he buys the piece.
Stiles: But he doesn't own it and he doesn't have the ability to use it if he doesn't
have legal ownership of it.
Stoppello: If he does buy it, he will be able to access the lot. He wouldn't have
to come in from this direction - he's already got a road that the Nampa Meridian
put across the culvert in the cross (inaudible)
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Meridian City Council Meeting
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Stiles: Well, I guess that's our dilemma because if this is not approved to be part
of another lot, he's not going to have the use of that property. You're not going to
be able to legally sell it to him to use for his own personal use if it's a common
area dedicated to the use of this subdivision.
Stoppello: Yes, I guess so, but it's never been planned or had public hearing on
that or anything. So I guess it's new to me. I mean, that's a half-acre land. It's
got value to it. Just dedicate it to - it's kind of impractical to also make that
common area for the rest of the lots. Number one, they don't have access to it.
Only access is the one subdivision - this lot right here. If staff removed this right-
of-way as part of this whole deal right here, that was the only common area that
was proposed was a 10-foot right-of-way from the street and down this lot to
here. That was removed by staff.
Stiles: Staff removed that requirement?
Stoppello: Yes. That was part of the negotiation (inaudible) subdivision plat
again. That was removed. This part in here was removed when this was
presented had access down here and that we would put this end which was
never part of the original deal was putting that 10-foot all the way down to where
it (inaudible) Sherbrooke Hollows. This was removed.
Stiles: That wasn't part of that - staff can't remove a requirement of a
preliminary plat. If it's approved a certain way, that is the approval. If this was
approved as a common lot, it is a common lot. If there were -
Stoppello: (inaudible - not speaking into mic)
Stiles: Well, Becky's not here to stand up for this.
Stoppello: I don't think it's even on the preliminary plat. Is it? It's not on there.
Stiles: That's why I would need to have the signed Findings to find out what was
decided on that.
Bird: It sounds like we need to table this to 5/16.
Corrie: Need to find out what the heck's going on.
Bird: We're getting too many stories.
Stiles: Well, I apologize.
Bird: I remember that as a common lot, too, that sticks in my mind. When Becky
testifying. I could be wrong, but I -
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Corrie: Well, under the circumstances, I - from my standpoint, I would
recommend that you table this until the 16th so that she has some time to go back
to the Findings of Facts and Conclusions of Law and find out just where we are
and if that was or wasn't a common lot.
Bird: Well, this isn't a public hearing.
deWeerd: I know there was a lot of testimony on that.
Stoppello: (inaudible) never has been.
Bird: Well, we need to find out. Mr. Mayor, with that, I would move that we table
the request for final plat approval for 32 building lots and 5 other lots on 12.801
acres in the R-4 and R-T zone for Tarawood Subdivision by Michelangelo
Investments, LLC, Frank Stoppello until 5/16/2000 and staff to get back and find
out what's actually on the preliminary plat.
deWeerd: Second.
Corrie: Motion is made and seconded to table Item No. 12, request for Final Plat
until 5/16/2000. Any further discussion?
Anderson: Mr. Mayor, I would suggest that not only Shari look that up, but that
she get with Mr. Stoppello because I really think that needs to be worked out
before we get in front of City Council so that we don't have to listen to a 30-
minute debate about you think this and I think that. You guys need to come to an
agreement about what actually happened so that we can hear the facts and get
on with it.
Corrie: Any other discussion? Okay. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 13.
FP 00-007: Request for Final Plat approval of 1 02 lots and 14
other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for
English Gardens Subdivision:
Corrie: Item No. 13, I guess this time, is a request - that's been tabled to
5/16/2000. Do I hear a motion to table that?
Bird: Mr. Mayor, I move that we table the request for the final plat approval of
102 lots, 14 other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for
English Gardens Subdivision until 5/16/2000.
Corrie: Do I hear a second?
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Meridian City Council Meeting
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deWeerd: Second.
Corrie: Motion made and seconded to table Item No. 13 to 5/16/2000. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 14.
TE 00-002 Request for a 45-day time extension for Oliason Park
Subdivision by Tony Hickey - % mile west of Locust Grove Road
on Pine Avenue:
Corrie: Item No. 14, request for a 45-day time extension for Oliason Park
Subdivision by Tony Hickey, % mile west of Locust Grove Road on Pine Avenue.
Staff?
Smith: Mr. Mayor, Council members, I just have a little information on the
subdivision. I'm not - I wasn't aware of the 45-day time extension request other
than I do know that the applicant is having problems with completion of the
sanitary sewer line to serve the subdivision, connect that line to the existing City
sewer system. Background is that he had some discussions with the adjacent
property owners for an easement to construct a sewer line, and I don't know all of
the discussions. The sewer line was constructed, an easement was not obtained
from the adjoining property owner, and other problems have surfaced between
the two property owners, and now this developer cannot obtain an easement for
the sewer line that has been constructed; therefore, we cannot, as the City,
accept the sewer line without the easement. So this applicant is right now
fighting a bit of a battle with the adjacent property owner concerning this issue.
He has made a proposal to Public Works Department for an alternative to sewer
this project which I've not acted on yet. I've been in conversation with Mr.
Nichols, and I believe Bill is going to contact the attorney for the developer and
see if they could work something out with the unhappy property owner. So I
would say that the extension is for that reason. I personally would rather see the
time extended a little to work this out as opposed to the City having to deal with a
lift station for ten lots. That's what he's proposing as an alternative.
Bird: Any other discussion, Council?
deWeerd: Mr. President, just in reference to the landscape - the letter on the
landscaping on the landscape plan. Shari, do you have any comments to that,
his request on that?
Stiles: I don't have any response to that. It would be nice to have some kind of
variety, I would say, but I haven't seen this request. He may have asked Steve
about it. I'd have to get with Steve about it and see if - the pin oaks are really
nice trees, but so are the crabs. I don't know that he'd have any objection to it.
{
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('
deWeerd: Well, that's staff level.
Bird: Yeah. Any other discussion, Council? If not, I'd entertain a motion for the
request of a 45-day extension.
deWeerd: Mr. President, I move that we approve the request for 45-day time
extension for Oliason Park Subdivision by Tony Hickey.
McCandless: I second.
Bird: Motion made by Ms. deWeerd, seconded by Mrs. McCandless for 45-day
time extension for Oliason Park Subdivision by Tony Hickey. All in favor?
MOTION CARRIED: THREE AYES (MAYOR STEPPED OUT, PRESIDENT
BIRD PRESIDES)
Item 15.
Water, Sewer and Trash Delinquency:
Bird: Okay. Item 15, water, sewer and trash delinquency. I didn't get mine.
Anderson: That's what he's looking for. Let's jump down to Tom on the Parks.
16. Department Reports:
B. Parks and Recreation Director - Tom Kuntz:
1. Purchase of a skid steer:
Bird: Tom. Item No. 16-8. You're up.
Kuntz: Council, you should have in your packets a memo in regards to purchase
of a skid steer. As you recall, I brought this issue last meeting in April. At that
time, if we were to purchase the piece of equipment with all the attachments, the
total price would have been $33,000. We were able to work out a way with the
approval of our auditor and Reta in our Finance Department to purchase the
piece of equipment without any attachments for under $25,000. That's requiring
three estimates, and we actually have five at this point. They will go out and buy
the - purchase the pieces of attachments separately. The total value of the
purchase, still, is $33,000, approximately. I'm suggesting the way to finance that
would be through transfer of line items - the money from line items. $7,000 from
the rental where the money was originally budgeted to rent or lease that piece of
equipment, and then $26,000 from the pathway. We have $300,000 in there
now, we're estimating our construction costs will be in the $200,000 to $225,000
range. I'll stand for any questions.
Bird: Questions, Council?
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Anderson: Mr. President, you state in here that you have five estimates. Is this
the lowest estimate?
Kuntz: Correct.
Anderson: Okay, then my other question. This is coming part-way through our
budget year, and can that wait until October?
Kuntz: No, sir.
Anderson: Why?
Kuntz: Well, our busy season started about two weeks ago. This piece of
equipment will be used on a regular basis, daily, for different projects that we
have on line for the next three to four months.
deWeerd: Mr. President, just - Mr. Mayor.
(MAYOR RETURNS TO MEETING)
deWeerd: Just to further respond to that, this $7,000 from the equipment rental
was set aside for the lease purchase agreement to purchase this because of the
need to utilize the equipment this year. That's why we got to this point or how we
got to this point.
Anderson: So you could still lease it theoretically? Have access to be able to
use it this year? We'd just make our first-year payment if we paid the $7,000.
deWeerd: No, we would actually have to set aside the $33,000 for the five-year
lease program, and then on top of that, yes, we would own it after five years, but
there would be about a $1500 additional cost for that lease program.
Anderson: Set aside the $33,000, but it wouldn't actually be allocated. It would
just be shown in the budget. We would still need to pay $7,000 this year?
deWeerd: That's correct.
Anderson; And what does that do to our Five Mile Creek pathway deal, then?
We've got to come up with that much money next year then? Compensate for
that?
Kuntz: No, we're estimating construction costs on what we had laid out is going
to be in the $200,000 to $225,000 range, and that money needs to be spent or
obligated this year so that there will be no additional requests for funding of the
Meridian City Council Meeting-
May 2, 2000
Page 60
completion of the pathway as it stands right now through the State Transportation
Department Grant.
Anderson: And how are we going to determine the estimated cost on that
pathway? Do we have engineers?
Kuntz: Through engineers' estimates.
Bird: Mr. Mayor, I was, like Ron, I thought maybe we could find a used one or
something, and Ron, I'm here to tell you that there are no used skid steers that
we can save any money on. This is a good buy if we're going - if we feel that we
need one. At this point, I don't want to put out the money, but I believe that if
they are going to use it like they need to, hopefully they'll have more use for it
next year when they get some of the 56 acres on line, I hope. On the Five Mile
Creek pathway, I don't want to see that hampered by this, but I'm - Tom had the
engineers out there and stuff, and I guess that they can do it cheaper than what
we thought.
Corrie: Any other discussion?
Bird: Mr. Mayor, I've got a question. Tom, now what do you - have you got an
actual proposal that you're bringing forward that you want us to approve tonight
or what the -
Kuntz: Just to approve the transfer of the funds of that amount into our
equipment account, and then we'll make a final decision on which piece of
equipment that we're buying. Right now we have a Case and Cat. Their low bid
is identical, and we are actually still testing the Cat before we make a final
decision.
Bird: Well, I'm not going to vote to transfer any funds until I see the final bid on
what it's going to be. You know, come forward for the Mayor to sign and the
Clerk to attest.
Kuntz: I guess, Councilman Bird, what we're asking for is a line-item transfer of
funds.
Bird: Bring us - Tom, this is what I thought. I thought you were bringing us a
bid. I know you've got five bids. I thought you were going to bring that. At that
point, first place, we can't - well, this isn't a fund balance. I guess we could
transfer the funds, but at that point, we would take care of the transfer and stuff
along with the contract that you're purchasing it from which the Mayor, the
Council has to approve and the Mayor has to sign and the Clerk has to attest
anyway on it.
Kuntz: There's no contract because it's under $25,000.
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Bird: It's a purchase of over - there's an Ordinance in the City of Meridian that
you have to have the Mayor sign and the Clerk to attest, I believe, over $500 I
thought.
deWeerd: $5000.
Bird: $5000, Tom.
Kuntz: Not to my knowledge, Councilman Bird. We purchased a used truck for
$10,000 and there was nothing required for that. It was a budgeted item. I
guess I'm a little -
Bird: Well, this isn't a budgeted item, evidently. This has got to be a change.
Kuntz: It's a line-item transfer, and that's what I'm requesting tonight is a line-
item transfer to be able to purchase this piece of equipment. I'm a little confused
because two weeks ago you gave me the preliminary okay to do this. We went
through extensive effort with Council member deWeerd with our staff to justify the
use of this piece of equipment. I submitted that to you two weeks ago when I
brought this to your attention, and at the Pre-Council meeting I had unanimous
support to go ahead with this. The only reason you didn't act on it last time was
that you wanted me to come back and say how can we do this because there
was a question of it being over $25,000 and requiring a formal bid. So through
my research and approval with the auditor and our Finance Department, they
said we could purchase it this way legally without having to go through formal
bid. The reason we don't want to go to formal bid is we're still a month out and
we need the equipment now.
Bird: Tom, as I recall, and I could be wrong on it. I'll get the minutes to find out.
As I recall, what was brought forward was the idea for you to go get the bids to
get the different prices. You come with the idea of just leasing the thing and that
with one thing, and we said, hey, why don't you go get some more bids and bring
it forward. I have no problem with you purchasing it. Absolutely none. I mean,
you justified that you need it to Tammy, and I have no problem with it. But you've
got - we've got to make the deal. I'm not going to make the funds, the line-item
changes if you don't need that much money. You know? If you've got your five
bids and this is the low one and stuff like that, that's no problem. But I'd like to,
before I pass on something like that, I'd like to see it in writing, personally. We
would request that from everybody else.
Kuntz: I've got it with me tonight. You can see it.
Bird: Have you got all the different bids with you?
Kuntz: Yes.
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Anderson: So you have decided on a brand?
Bird: No, he hasn't.
Kuntz: No. We've got it narrowed down.
Anderson: So the brand is going to change with what bid you want; right? The
low bid is one particular brand, isn't it?
Kuntz: No. There's two pieces of equipment. Both the Case and the Cat are
identical in their low bids. I can show you those if you'd like to see them.
Anderson: So the two that you're still testing are the exact same price?
Kuntz: Correct.
Anderson: Okay.
Bird: You're the liaison. What do you want to do?
Anderson: Mr. Mayor, I would make a motion that we approve the purchase of
this skid steer loader and authorize the line-item transfer from the Five Mile
Creek pathway to off-set the difference of what was budgeted for this.
Bird: Before I second this, does this include the purchase - does this include the
transfer of the $7,000 from the rental and also does it approve the purchase of
the attachments, the other equipment? So you're not just approving the
$24,8000, you're approving $33,000?
Anderson: Yes. That's what I'm approving. It won't do any good to purchase
the machine without the attachments.
Bird: Okay. I second that.
deWeerd: Well, you need the Mayor to sign and the Clerk to attest?
Anderson: Yes. If I need that, then yeah. I'll go ahead and throw that into it.
Bird: Motion made and seconded to approve the purchase of $33,000 and line-
item transfer of $7,000 for equipment rental and $26,000 transfer from Five Mile
pathway (inaudible). Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES
Item 15.
Water, Sewer and Trash Delinquency:
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Corrie: The sewer, water and trash delinquencies, I don't know where it is.
Bird: I bet as close as it is, they probably didn't get it ran, Mayor.
Corrie: They may not have.
Bird: This is only the 2nd.
Corrie: Could be that we need to take it up at the next meeting. Okay.
Bird: We've had to do that -
Corrie: I'm just now thinking about that. If that's that close, they haven't got it
ran. Okay.
c. City Engineer - Gary Smith:
1. Engineering Agreement - Ustick Water Line Extension:
Corrie: City Engineer, Gary Smith.
Smith: Thank you, Mr. Mayor, Council members. I have before you a proposed
engineering agreement for the Ustick Water Line Extension project from the east
side of Summerfield Subdivision on Ustick Road east under Eagle Road in Ustick
to the new Summers Funeral Home site. J-U-B Engineers is the engineer we're
proposing to use for the project. They did our 1999 waterline extension project
city-wide. That's recently been completed. They did a good job for us, and they
have done good work for us on previous projects. I would recommend them to
you for your approval to enter into an engineering agreement for this Ustick
Water Line Project. Their estimated fee is $23,055. This includes a lump sum
fee for the actual design of $8,667, and then the remaining items are shown on
their breakdown of the engineering services listed as time and material with
estimates. On previous projects, they've been very good in meeting their budget
or less than their budget amounts.
Bird: Mr. Mayor, one question. Gary, just the motion should be to not to exceed
$23,500?
Smith: $23,055 is what I total from their individual line items.
Anderson: Mr. Mayor. One more question, Gary. Does this include design that
bore under Eagle Road, too?
Smith: Yes, sir.
Anderson: So this would be going all the way down?
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Smith: Yes, sir.
Bird: Mr. Mayor, I move that we approve the contract with J-U-B Engineers for
professional services extending our water line down Ustick Road for $23,055,
and for the Mayor to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to approve the J-U-B engineering
agreement for Ustick Water Line Extension of $23,055, the Mayor to sign and the
Clerk to attest. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
D. City Attorney - Bill Nichols:
1. Latecomers Agreement / Refund:
Corrie: City Attorney.
Nichols: Thank you, Mayor, Council. Going back for a minute to the water and
the sewer delinquent accounts, we did have one person here before the meeting
began that got the pink card, and Will has his name and a letter from him. He
bought a HUD foreclosure, and HUD is supposed to pay this delinquency. I
would recommend that you give him up to 60 days. He agreed that if HUD did
not pay it in 60 days, he would pay it and then chase HUD for the money. Will
has the deal. You can take it up next month if you want, but I just wanted to
bring that to your attention.
Bird: Mr. Mayor, would he be turned off between now and the next meeting?
Corrie: No.
Bird: Okay.
Nichols: Moving on, Mayor and Council, to the latecomers deal. This has been
percolating here for quite a while. I issued a memo dated March 28, 2000, to the
Mayor and Council on these issues. As a lawyer I hate to say )'11 be brief, but I'll
try. Anyway, the first issue is whether to issue these refunds. I really don't think
that's a debatable issue. You over-collected on some of these. They need to be
refunded. The second issue is the process for getting those refunds out and
what rate of interest should be paid on the over-collected funds. My
recommendation - there's one argument which is nine percent which is
reasonable rate of interest. There's another argument which is 12 percent which
is based upon a statutory provision for monies which are held without an
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Meridian City Council Meeting
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Page 65
agreement as to how much the interest should be on those retained funds. The
difference as I think at the end of last month, the end of April, Reta calculated the
difference between nine percent and 12 percent. I think it was about $16,000.
So using the higher rate of interest would take out of those over-collected
latecomer fees or add $16,000 additional expense to that. It's quite a bit of
money, but my recommendation is to go ahead and do it because there is a
specific statute in point that I believe applies to this circumstance, and we're
going to issue letters out to all of these parties that have paid these latecomer
fees, and it'd be best to say here's the amount we over-collected. We're paying
you 12 percent from the date of the over-collection payment. Here it is. We'd
include some other things on the checks that says it's full and final payment and
so forth and reduce any liability exposure there. The next item to be decided is
really the looking forward, and that is what do we do in the future? The old
latecomer agreements had a pretty complicated formula. Cost of construction,
there was a rate of interest that was imposed on that cost of construction; there
was also index based upon engineering costs; there was specific index that the
City Engineer had to go to to use to look at how engineering costs had increased
over time and factor that in to come up with what the latecomer fee would be to
be paid. We recommend going to a straight-forward, this is the cost of
construction, here's a reasonable rate of interest, and that's what the latecomer
fee is based upon rather than indexing it to the engineering costs that have been
avoided by being able to tap into somebody else's project that was done years
before and so on. So that's looking down the road for future latecomers. The
next item on the future latecomers we like the Council to address is what - right
now the agreements say that those latecomer fees are to be paid to that original
developer on a monthly basis. We'd recommend going to a quarterly basis
because it's just going to be easier to do it that way. The third thing is when to
assess the latecomer fee. Currently, the latecomer fees are being assessed at
the building permit stage. So a developer who is putting in a 50-lot or 1 DO-lot
subdivision and is connecting into this sewer extension that was put in by the
neighboring development doesn't pay a dime to that original developer until the
first building permit is issued on one of those lots. Then that person that buys the
building permit is the one that has to pay the fee. We would recommend that you
go to when that - when the final plat stage or some point when this final plat
stage - Gary? When it comes up to the final plat approval, an approval of the
final plat, this second developer then pays their share of the latecomer fees for
that entire subdivision at that time. It simplifies the bookkeeping, it puts that
developer on the same footing that they would have been if they would have had
to participate in that line originally, and it eliminates a lot of confusion in the
Building Department. There have been a lot of builders that bought lots in
subdivisions that go to get their building permit and nobody's told them about this
latecomer fee because the realtor conveniently .forgot to tell them or didn't know
about it because the seller didn't disclose it, and it would just be a way of making
this process simpler and cleaner in helping to get it done. So that's - those are
the issues that we ask for you to give us direction on.
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Bird: Mr. Mayor, Bill or Gary, how many other cities have - I thought that if we
got into this trunk line assessment thing through all building permits that those
latecomer fee things would go away. Does Boise have latecomer fees or Nampa
or do they all have it? Okay. Well, I guess they don't go away. I thought that
was getting rid of something. I say proceed on with it, but I'd like to know what
the final give-back is and to whom.
Nichols: Councilman Bird, Mayor, members of the Council, we would take your
direction, get a list, bring it back to you, have you approve the list with the
amounts before any checks are sent out. So - it would have to be that way.
They're - (inaudible) City funds, it would have to be done that way.
Bird: And then you'd draft a new latecomers fee ordinance?
Nichols: It does not require a change in the Ordinance, I don't think.
Bird: It's just the process.
Nichols: Just the contracts themselves.
Bird: Then, that being - I understand. We change that originally - haven't the
last few been written up right?
Nichols: I think the last one we did that Gary had done and I looked at, I don't
recall it talked about - I think we did. It said payable quarterly, and it was just a
straight figure plus an interest rate.
Smith: Right.
Nichols: So in a sense we kind of stuck our necks out a little bit, but we thought it
was a good way to simplify it.
Bird: I for one say go for it. Get the stuff to us and let's get it done with and
taken care of.
Corrie: At the 12 percent rate.
Bird: Yeah. I think that's fair.
Corrie: Any other comments? Okay. Do you want to - do you know what to do
with that or do you want a (inaudible)?
Bird: Do you need a motion?
Nichols: Well, let me see if I can summarize it, and then we'll go from there.
Okay. We're going to pay the latecomer over-collections; we're going to pay 12
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percent; on future latecomers, we're going to have the cost of construction plus a
reasonable rate of interest; it's going to be payable quarterly; it's going to be
collected from future development at the final plat stage.
Bird: That's what I understood.
Nichols: Okay.
Corrie: Okay. Do you want that as a motion?
Bird: Do you want it in a motion or just when we come back?
Nichols: Let's do it in a motion and then I can tell Reta there's a motion to do it.
Bird: Mr. Mayor, I move that we go forward with that latecomers deal that we'll
pay back the outstanding ones at 12 percent interest; all new latecomers fees will
be done on engineering interest, construction; and they will be paid at the final
plat, at the time of the final plat for the whole subdivision; and be paid back
quarterly.
Anderson: Second.
Nichols: Point of clarification, if I may. No adjustment for engineering.
Bird: Oh. No adjustment for engineering. And reasonable interest.
Corrie: And we can have the person writing up this (inaudible).
Anderson: I'll re-do the second.
Corrie: Motion and seconded to approve the motion. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: One other item is Mr. Wasson's request that we look into the allegations
that he made on the lighting at the mall there at Linder and Cherry Lane. I gave
those all that to the Council. So, Council, you've had a chance, I think, to read
those from the Code Enforcement Officer and the others and from SSC,
Sanitation Services (inaudible). So I would entertain anybody that would like to
comment.
Bird: Mr. Mayor, after getting the reports back from our enforcement officers and
stuff, I take it that the owner of that building has tried numerous times to get
those lights down and everything, and the collection of the garbage is not in the
middle of the night or anything like that. I think that they, as owners of the
(
(
Meridian City Council Meeting
May 21 2000
Page 68
building and stuff, have been trying to be very fair about getting this stuff
arranged, and if it is such a detriment, I'm surprised that we've just got one
person in that subdivision that is having this problem. That's my personal opinion
after reading the Code Enforcement reports.
Corrie: Anybody else have anything different? Okay. The question was to
possibly pull the Conditional Use Permit. Does the Council feel that there's
enough evidences right now from the Code Enforcement Officer? Okay.
Nichols: Mr. Mayor, I believe that Ms. Stiles looked into that, and that was not a
Conditional Use Permit. It was an allowed use within that zone. Is that correct?
Corrie: If they're doing what they're supposed to do and that's an allowed use,
there's nothing .to be found in the evidence from the Code Enforcement Officer's
information that he gave us to warrant anything the Council at this point. So,
that's the answer that the Council has so far from the evidence that has been
presented to us.
Wasson: Can I ask a question?
Corrie: Sure.
Wasson: The Code Enforcement Officers told me that the lights are in violation.
They're not supposed to be shining out.
Corrie: They aren't. I went out there and looked. They put shades on them,
they took the (inaudible), put the deals on the shades and shining down. They
have to have those lighting for the protection of the employees and security of
the building.
Wasson: Sir, I have absolutely no qualms with the protection of the building, but
when I looked yesterday, they had one on the west side, there was one light on
the west side of the building, and it is shielded down. There is one light that is
*** End of Side 5 ***
Wasson: -- one other light that is shielded down on the south side of the
building. The remainder of the lights still shine out. I haven't been - I've been
home for about five minutes tonight, so I haven't had a chance to look, but why
haven't any of the other people complained? Because I hold the majority of that
property line. I have about 230 feet on that line. My line is very long and very
shallow. The other guy's a single person who lives next to me and he primarily
works nights. He doesn't see it.
Bird: But, Mr. Wasson, there's people along here and stuff that would - if it was
that bright, I would feel, and I cannot see anything from Mr. Burns, our Code
(
Meridian City Council Meeting
May 21 2000
Page 69
(
Enforcement Officer, that back up that statement there that it was a problem and
stuff like that.
Anderson: Has there been any effort on your part to talk with the owners of the
business?
Wasson: Sir, I've attempted to contact them in excess of five times on the
telephone with no return phone call. As I stated two weeks ago at the meeting,
for months at midnight, I can stand on my back porch and read a newspaper with
no light coming from my house. Now, if the Mayor says it's been fixed, I believe
him, but I haven't been home today, and I've been on the road for a little while.
I'll go look. But it wasn't fixed yesterday, sir.
Bird: The hoods were not up?
Wasson: Negative, sir.
Bird: According to the reports we got, if I recall right, swing around back there,
there were some hoods up there, but I don't know what classifies - they were
supposed to do it on November 15, 1999. That's-
Wasson: What they are, sir, they're black shades or whatever they're called, but
they don't vent the light down. The light shines straight out into my property. If
the light -
Corrie: if the lights go this way, how can they go this way? I'm not being
facetious. I'm trying to figure out if it's the hooded, the light will go down.
Wasson: They're not fully hooded -
Corrie: (inaudible) or what would you suggest that we do?
Wasson: I would suggest that they would hood them like they have the one on
the west side and the single light that they have on the south side that is hooded
with the remaining four lights.
Corrie: Okay. We'll have the Code Enforcement Officer take a look at that and
see if that's a recommendation that he would -
Wasson: And following the meeting, any of the City Council would care to go out
there with me, I'd be happy to buy you a cup of coffee or a diet coke. I do too
because I have annual training in the morning.
Corrie: I think under the circumstances we'll have the Code Enforcement Officer
to see what the hoods area again, and if he's - the owner is supposedly
according to this has tried to do it.
(
Meridian City Council Meeting
May 2, 2000
Page 70
Bird: Mr. Mayor, I've got one question. We're trying to darken that up back
there. I have a question for the Chief. When you've got employees and stuff in
back like that, you've got to have some kind of light, don't you, that's visible and
stuff for security reasons? I mean, your employees are parking back there. I
wouldn't want my daughter walking back there to her car at night at 11 or 12
o'clock at night.
Gordon: Yes, sir. Fred Burns addressed (inaudible). There is a certain amount
of light that is required. After the owner put the hoods on there, he said that he's
tried everything he could to comply. He turned the one light totally out. Fred
Burns believes right now there's sufficient light for safety (inaudible) excessive.
Bird: Thank you, Chief.
Corrie: Let's have him look at it one more time, and still, if it doesn't meet your
requirements, then I guess there are other avenues.
Wasson: Again, sir, I still invite any of the City Council that care to come and
take a look at it tonight to take the four-minute drive out there.
Corrie: I won't tonight, but I will go out there.
Bird: Mr. Mayor, I move that we adjourn.
Anderson: Second.
Corrie: Motion made and seconded. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 11 :56 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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RECOR{ -. REOUEST OF
&; P1;EE-f-oEPUTY
100038151
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A.uA COUNTY RECORDER
J. DAVID NAVARRO
f~'nj S ~ r ! DI'\H 0
MERIDIAN CJTY
This sheet has been added to document
to accommodate recording information.
CITY OF MERIDIAN
ORDINANCE NO. tJ73
AN ORDINANCE AMENDING SUBSECTION "B. COMMERCIAL" OF THE
"ZONING SCHEDULE OF USE CONTROL" OF SECTION I OF CHAPTER 8 OF
TITLE II MERIDIAN CITY CODE BY THE ADDITION THERETO OF AN
"ADULT ENTERTAINMENT BUSINESSES" UNDER LAND USES AND
PROVIDING FOR THE SAME TO BE PERMITTED ONLY BY CONDITIONAL
USE IN THE "I-L" DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION I. T11at sllbsectiol1 B of Sectiol1 1 of C11apter 8 of Title 11
Meridian City Code, be, and the sal11e is l1ereby alnel1ded to read as follows:
11-8-1
DISTRICTS
B. COMMERCIAL: R-4 R-8 R-15 R-40 L-O C-N C-C RSC C-G OT TE I M
Accounting C P P P C P C
services
Administrative C P P P C P C
services
Adult C
Entertainment
Businesses
Automobile repair C C
shop
Autonlobile service C C C p C
stations
Automobile C P C P P P
washing facilities
Bal(ery Stores C P P C P C
P==Pern1itted Use C==Conditional Use P-A==Pern1itted as Accessory Use DR==Design Revievv (Blank)==Prohibited
LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT - PAGE 1 OF 5
Ban]cs and other P C P C P C
financial
establishments
Bars, alcoholic C C C C C C
establishments
Broadcasting, radio C P C C C C C
and TV
Bus and rail C P C
stations
Cemeteries C C
Child Care Center C C C C C C C C C
Churches C C p p C P
Clinics (Medical, C C C p p p C p C
Dental & Optical)
Clubs & Lodges C C C C C C C
Construction C C C C C C C C C C C C
Bldgs., Temp.
Convenience C C p p C C C
Stores
Department Stores P C P C
Drive-In Theaters, C C C C C C C C C C C
Drive- In
Establishments
Dry Cleaning C C p C p P
En tertainmen t C C C p C p C
Centers, Indoor
Entertainment C C C C C p C C
Centers, Outdoor
Family Child Care P-A C C C P-A
Horne
Garages, Public C C C C C p p
P==Pern1itted Use C==Conditional Use P-A==Permitted as Accessory Use DR=Design Review (Blank)==Prohibited
LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAlNMENT - PAGE 2 OF 5
Greenhouses, C C C p C p C
Nurseries
Group Child Care C C C C C C C C
Home
Home Occupations P-A C C C
Hospitals C C C C C
Hotels C P C P C
Laboratories P C C P
(Medical, Dental &
Optical)
Laundries, P C P
Commercial
Laundries, Self- C C C p p p C
Service
Libraries and P P P P P P P
Museums
Mortuaries P P P C
Motels C P C
Nursing Homes & C C C
Sanitariums
Nurseries & Day C C C C C C C C C
Care Centers
Planned C C p p C P C
Commercial
Development
Planned Unit C C C C C C C C
Development -
General
Professional & C C p C p C p C
Sales Offices
Public Parldng Lots C C C C p C p P P
P==Permitted Use C==Conditional Use P-A==Pern1itted as Accessory Use DR==Design Review (Blank)==Prohibited
LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT - PAGE 3 OF 5
Public & Quasi- C C C p C C C C
Public Uses
Public Services POR POR POR POR POR POR POR PDR PDR PDR PDR
Facilities
Publishing & P P C P C P P
Printing Facilities
(small)
Radio & T.V. C C C C C C C C
Regional Shopping C
Center
Restaurants C C C p C p C p P
Retail Stores C P C P C C C
Retirement Homes C P C C
Research Facilities C C C p P
Sales Lots (Auto, C C C
Rec, & Agric., Etc.)
School - Private, C C C C C C C C C C C
Nursery
School - Public P P P P C C C P
Shopping Centers, P C
Community
Shopping Centers, C C C C p C
Neighborhood
Shopping Centers, P
Regional
Storage Facilities, P P
Indoors
Storage Facilities, C C C p p p
Outdoors
Service Stations C C C p C C P
Truclc Stops P P
P==Permitted Use C=Conditional Use P-A=Perrnitted as Accessory Use DR==Design Review (Blank)==Prohibited
LAND USE SCHEDULE ORDINANCE FOR ADULT ENTERTAINMENT - PAGE 4 OF 5
Technical School - C P
(With Curricula
Related to the
Principal Uses)
Veterinary Clinics C P P P
& Hospitals
p
- - - - - - - - - - - - -
C p P
Wholesale
Facilities
(Ord. 557,10-1-1991; anld. Ord. 592,11-17-1992)
P==Perluitted Use C=Conditional Use P-A==Permitted as Accessory Use DR==Design Review (Blank)=Prohibited
SECTION 2: All ordinances, resolutiollS, orders or parts thereof il1
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 3. VALIDITY: The Meridia11 City COUl1Cil hereby declares
that any section, paragraph, sentence or word of this Ordinallce as adopted and
alnellded l1erei11 be declared for any reaSOl1 to be i11valid it is the intel1t of the
Meridial1 City COUl1Cil that it would have passed all other portions of this ordil1ance
independel1t of the elimination herefrorn of any portion as 111ay be declared invalid.
SECTION 4. SAVINGS CLAUSE. This ordil1ance does 110t affect a11
action or proceedil1g cOlnmenced or right accrued before this ordinal1ce tal(es effect.
SECTION 5. DATE OF EFFECT. This ordi11al1ce shall be i11 full force
and effect withil1 Ol1e (1) lnonth after its passage, approval and publication, accordil1g
to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21{!
day of ;n~ ' 2000. -
{l1J
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z--
day of /JIl4f ,200 · -
~ ~~COROED - REOUEST Of
FE[~DEPUTY
(C, f1'" I 0 0 0 :.. 2 7 4 9
ADA 'cau T RECORDER
J. DAVID Nt,VARRO
8f)!~::~ !C/\HO
20UO J;i - J Pr1 3: 0 5
AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this 2 ~ day of
!1Ltlvj.. , 2000, by and between CITY OF MERIDIAN, a .J
1\IIunicipaYcorporation of the State of Idaho, hereinafter referred to as "CITY", and
OPAL C. FARRINGTON] as hereinafter defined and herei11after referred to as
"SEWER/WATER USER".
1 .
RECITALS:
1.1 WHEREAS] "Sewer/Water User" is the sole owner] in law a11d!or
in equity of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit "A"] vvhich is attached hereto and by
this reference incorporated herein as if set forth in fllll,
hereinafter referred to as the "Property"; and
1.2 WHEREAS, Idaho Code 950-323] provides and empowers cities
to establish, create, develop, maintain and operate sewer/vvater
systems; and
1.3 WHEREAS, "City" operates and maintains and develops a
sewer/water system; and
1.4 WHEREAS, the "City" has enacted ordinances governing its
sewer/water system codified in Meridian City Code ss 9-1-16 and
9-4-26; and
1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real
Property" hereinafter described which is prese11tly located
outside of the city limits of the "City"; and
1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining
connection to the sewer/water to serve the "Real Property" a11d
the "City" is willing to provide that connection to the sevver/water
service to the "Sewer/Water User" subject to the terms and
conditions and consideration of this agreement, and it is
specifically agreed that as a specific COl1sideration of the "City's"
AGREEMENT FOR HOOICUP TO THE CITY OF ..- Page 1 of 8
MERlDlAN'S SEWER/WATER .~YSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
vvillingness to enter into th.is agreement that the "City's"
"Ordi11ance" and uPolicy/Regulations" which govern its
sewer/vvater system be included as terms and conditio11s of this
agreement and that the "Sewer/Water User" provide perpetLlal
consent to annexation of the "Real Property" in to the UCity".
2.
DEFINITIONS:
For all purposes of this agreement the follovving words, tern1S, a11d
p11rases 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, COllnty of Ada,
State of Idaho.
2.2 "Sewer/W ater User": means and shall refer to Opal C.
Farrington, 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 uA", attached hereto and by this reference
incorporated herein as if set forth at length together vvith
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/water
system presently codified at Meridian City Code SS 9-1-16 and 9-
4-26, and this definition specifically includes any prospective
amendments and/or recodifications to said ordinances or any
parts thereof, and shall also refer to any other ordinances of the
City of Meridian governing the "Sewer/Water System".
2.5 "PolicylRegulations": means and shall refer to any City Council
enacted policy and/or regulation of its sewer/water system.
2.6 "Sewer/W ater System": means and shall refer to the City's
sewer/water system.
AGREEMENT FOR HOOICUP TO THE CITY OF -- Page 2 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
NOW THEREFORE, in consideration of the covenants and conditions
set forth 11erein, the parties agree as follows:
3.
INCORPORATION OF RECITALS:
Tl1at the above recitals are contractual and binding a11d are incorporated
herein as if set forth in full.
4.
PROVISION OF SEWER/WATER HOOI(UP SERVICE:
The "City" agrees to allovv a connection to the "Sewer/W ater Systell1" to
service the "Real Property" subject to the terms and conditions of this Agreel11ent.
5.
CONDITIONS AND REQUIREMENTS OF SEWER/WATER
USER FOR THE HOOI(UP OF THE SEWER/WATER LINE TO
THE REAL PROPERTY:
The hool(up and assessment costs relative to the "Sewer/Water System"
connection shall be the responsibility of the "Sewer/Water User".
6.
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer/vvater
service and connection and are herein incorporated as specific terms of this agreement
and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are
amended or recodified, this agreement is automatically amended in accordance
therewith.
7.
ANNEXATION:
The "Sewer/W ater User" is required to immediately submit an
application for annexation of the "Real Property", which is a condition precedent to
the "City" providing "Sewer/W ater System" service to the "Real Property". The
"Sevver/Water Userl1 herein gives perpetual consent to such annexation and agrees to
pay the annexation application fee. This provision of this Agreement is a written
request and application for such annexation in accordance with I.C. 9 50-222 or any
amendments or recodification of said statute.
AGREEMENT FOR HOOI<UP TO THE CITY OF -- Page 3 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
8.
HOOI(UP AND SERVICE FEES:
The charges for hool<up] inspection, and service fees shall be in
accorda11ce with the provisions of t~e "Ordinance" and/or "Policy/Regtllations" 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
Agreen1ent, inclllding all of the Exhibits, at "Sewer/Water User" cost] and subn1it
proof of Stich recording to "Sewer/Water User".
10. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall
be a default.
II. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Sewer/Water 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.
11.2 In the event of a default, written 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 seel( any remedy provided for herein.
11.3 In the event the performance of any covenant to be performed
hereunder by either "Sewer/Water User" or "City" is delayed for
causes 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.
AGREEMENT FOR HOOI(UP TO THE CITY OF -- Page 4 of 8
MERlDIAN'S SEW~R/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
(
12. NOTICES:
12.1 Any notice desired by the parties and/or required by this
Agreelnent shall be deemed delivered if a11d when perso11ally
delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, retllrn receipt
requested, addressed as follows:
CITY:
c/o Meridian City Engineer
Gary Smith
City of Meridian
200 E. Carlton, Suite # 101
Meridian, Idaho 83642
PROPERTY OWNER:
Opal C. Farrington
1180 East Pine Street
Meridian, Idaho 83642
with copy to:
City Clerk
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 vvritten 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.
14. TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that tin1e is strictly of the
essence with respect to each and every term, condition and provision hereof] and that
AGREEMENT FOR HOOICUP TO THE CITY OF -- Page 5 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
i
(
i,
(
the failure to til11ely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perforln.
15. BINDING UPON SUCCESSORS:
This Agreelnent shall be binding upon and inllre to the bellefit of t11e
parties' respective heirs, successors, assigns and personal representatives, il1Cllldillg
"City's" corporate authorities and their successors in office. This Agreement shall be
billding 011 the owner of the property] each subsequent ovvner and each other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale
or aliellation of the Property, or portions thereof, except that any sale or alienatiol1
shall be sllbject to the provisions hereof and any successor o\vner or ovvners shall be
botll benefitted and bound by the conditions and restrictions herein expressed.
16. INVALID 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 therefroll1 alld
the invalidity thereof shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "Sewer/Water 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/W ater
User" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this
Agreen1ent 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".
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 -- Page 6 of 8
MERlDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
(
(
19. EFFECTIVE DATE:
This Agreement shall be effective at such tinle as both parties l1ave
execltted this Agreement.
ACI<NOWLEDGMENTS
IN WITNESS WHEREOF] the parties have herein execllted this
agreenlent and made it effective as hereinabove provided.
OPAL C. FARRINGTON
rJl~ { c1..$ ~;t;;:
CITY OF MERIDIAN
ATTEST:
AGREEMENT FOR HOOI(UP TO THE CITY OF -- Page 7 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
(
STATE OF IDAHO,
: ss.
County of Ada )
~
On this ;;J.s- day of /J1 ~ ' in the year 2000, before
me, fJ- !.. C;~ t;;"EJ/) /J2 J1"u , a Notary Public, personally
appeared Opal C. Farrington] l<novvn or identified to me to be the perso11 vvho
execllted the instrument and aclmovvledged to me that he execllted the saIne.
. IN WITNESS WHEREOF, I have hereunto set my hand a11d affL-xed l11Y
.~#~~~~l seal, the day and year in this certificate first above written.
\1 t:\ EEl/";". ':,
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~. cP .... P U 0 \.. \ ..: ~ ....~ ,_
\~ ~"""'" - . . . . . " ~..- ':
",..' FOr- .....
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I
Notary Ii
Residing at:
My Commission Expires:
-,,\ '/'.', ,
l " ,
STATE OF IDAHO]
County of Ada
: ss.
)
On this day of , in the year 2000, before
me, ~"heu@~ ~VV'I Z/'L.... , a Notary Public, personally
appeared ROBE D. ORRIE and WILLIAM G. BERG, JR.] l<nown or identified to
me to be the Mayor and ClerIc, respectively, of the City of Meridian, who executed
the instrument or the persons that executed the instrument on behalf of said City,
and aclGlowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed lUY
official seal, the day and year in this certificate first above written.
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AGREEMENT FOR HOOICUP TO THE CITY OF -- Page 8 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
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PARCEL I
1100 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian as filed for
record in the office of the Ada County recorder, Boise, Idaho, in Bool( 4 of Plats at
page 158, situated in the Southeast Quarter of the Northeast Quarter, Section 7, T.
3N., R. IE., B.M., Ada County] Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of
the Northeast Quarter of Section 7, T. 3N., R. IE., B.M., Ada County, Idaho.
thence along the Southerly boundary of the Southeast Quarter of the Northeast
Quarter of said Section 7, said Southerly boundary also being the centerline of Pine
Avenue, South 89007'04" West 1,009.06 feet to a point;
thence leaving said Southerly boundary and centerline, North 00002'59" East 25.00
feet to an iron pin on the Northerly right-of-way of said Pine Avenue marking the
Southwesterly corner of said Lot 5 of Eastside Addition to Meridian, said iron pin
also being the REAL POINT OF BEGINNING;
thence leaving said right-of-way, and along the Westerly boundary of said Lot 5,
North 00002'59" East 384.35 feet to an iron pin;
thence leaving said Westerly boundary, North 89007'04" East 121.05 feet to an iron
pin;
thence South 00002'59" West 218.88 feet to an iron pin;
thence South 22033'00" West 55.00 feet to an iron pin;
thence South 00002'59" West 115.00 feet to an iron pin on the said Northerly right-
of-way of Pine Avenue;
thence along said Northerly right-of-way, South 89007'04" West 100.00 feet to the
point of beginning, comprising of 1.000 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.
L~ X A ,'6/'1 1'11" d of Jj
PARCEL 2
1130 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian, as filed for record
in the office of the Ada County recorder, Boise, Idaho, in Book 4 of Plats at page 158
situated in the Southeast Quarter of the Northeast Quarter, Section 7, T. 3N., R. IE.] B.M.,
Ada County, Idaho and more particulatly described as follows:
Beginning at a brass cap marl<ing the Southeast corner of the Southeast Quarter of the
Northeast Quarter of Section 7, T. 3N., R. IE., B.M., Ada County, Idaho;
thence along the Southerly boundary of the Southeast Quarter of the Northeast Quarter of
said Section 7, said Southerly boundary also being the centerline of Pine Avenue, South
89007'04" West 814.38 feet to a point;
thence leaving said Southerly boundary and centerline, North 00002'0 I" East 25.00 feet to
an iron pin on the Northerly right-of-way of said Pine Street, said iron pin being the REAL
POINT OF BEGINNING;
thence along said Northerly right-of-vvay, South 89007'04" West 94.67 feet to an iron pin,
thence leaving said Northerly right-of-way] North 00002'59" East 115.00 feet to an iron pin,
thence North 22033'00" East 55.00 feet to an iron pin;
thence Nort~ 00002'59" East 218.88 feet to an iron pin;
thence South 89007'04" West 121.05 feet to an iron pin on the Westerly boundary of said
Lot 5 of Eastside Addition to Meridian;
thence along said Westerly boundary North 00002'59" East 269.78 feet to the Northwest
corner of said Lot 5 of Eastside Addition to Meridian;
thence along the Northerly boundary of said Lot 5 of Eastside Addition to Meridian, North
89021 '51" East 314.47 feet to an iron pin on the Westerly right-of-way of Adkins Street;
thence leaving said Northerly boundary and along said Westerly right-of-way, South
00002'01" West 289.77 feet to an iron pin;
thence leaving said Westerly right-of-way, South 89007'04" West 120.00 feet to an iron pin;
thence South Ooo02'OIf1 West 363.00 feet to the REAL POINT OF BEGINNING,
comprising 2.718 acres, more or less.
EXh/h/f 11/9 II 3 of ~
Parcel 3
1180 E. Pine
The East 120.00 feet of the South 353.00 feet of Lot 5 in t11e Eastside Addition to
Meridia11 in Southeast Quarter of the Northeast Quarter of Section 7, TOvVl1Ship 3
North, Range 1 East, Boise Meridian, Ada County, Idaho.
C011tains 1.0 acres n10re or less.
Exju'6/f 1/1 (I J/ o{'L(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF OPAL C. FARRINGTON FOR CITY )
WATER AND SEWER SERVICE OUTSIDE )
THE CITY LIMITS )
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ORDER GRANTING
APPLICATION TO PROVIDE
CITY WATER AND SEWER
SERVICE OUTSIDE THE
CITY LIMITS SUBJECT TO
CONDITIONS [MERIDIAN
CITY CODE ~~ 9-1-16 AND
9-4-26]
The above entitled matter corning before the City Council on the .Ij-l!::.- day of
I!rftLb
, 2000, and Gary Smith, Public Works Director, and the Applicant's daughter,
Cecyle Brock, having appeared on behalf of Opal C. Farrington, and the Council being fully
advised finds and orders as follows:
1. Opal C. Farrington, is the owner of the real property described in
Exhibit "A" attached hereto and hereinafter referred to as "Subject Real Property".
2. "Subject Real Property" is outside of the City Limits of the City of
Meridian.
3. Opal C. Farrington has made application for the providence of City
Water and Sewer to the "Subject Real Property".
4. The Public Works Director has reviewed the circumstances presented by
the application. The Public Works Drrector has included the effect the granting oftms application
would have upon the ability of the Municipal Water and Sewer System to provide an acceptable
level of service to developed parcels with existing service within the City limits, of which, there is
no evidence there will be any compromise of that service by the granting of this application.
ORDER - PAGE 1 OF 4
(
5. The Applicant has agreed to all of the required conditions of the
provision of the service as required in Meridian City Code ~S 9-1-16 and 9-4-26.
6. Upon recommendation of the Public Works Director, and consent of
the Applicant, it is found that it is reasonable to include as an additional condition of granting this
order that the Applicant make immediate application for annexation and zoning of the "Subject
Real Property". Also, as a condition of the continued providence of City Water and Sewer
Service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the
annexation process.
DECISION AND ORDER
Now, therefore, based upon the above and foregoing Order Granting Application to
provide City Water and Sewer Service Outside the City Limits, the City Council has hereby
Ordered and this does Order that the City Water and Sewer Service be provided to the "Subject
Real Property" subject to the following conditions:
1. Prior to Service, as provided for in SS 9-1-16 and 9-4-26, the City may
provide service from the Municipal water and sewer system to individual properties that are
partially or entirely outside the corporate limits of the City. Each request for such service must be
approved by the City Council and all regulations of these Chapters must be complied with by such
special water and sewer users. The water and sewer user will be considered a special user as long
as the property being served remains outside the corporate limits of the City. The special water
and sewer user shall be charged an installation charge, connection charge and a monthly user
charge which shall be the same as a user within the City limits.
2. Prior to Service the Owners of the "Subject Real Property"make
ORDER - PAGE 2 OF 4
immediate application for annexation and zoning of the "Subject Real Property", and as a
condition of the continued providence of City Water and Sewer Service that the Applicant and
owners of the "Subject Real Property" take no steps to impede the annexation process.
3. That the City Attorney prepare and submit to the City Clerk the
Agreement for the Provision of Water and Sewer Service Outside the City Limits ordered herein.
4. The Mayor is herein authorized to sign and the Clerk to attest the
Agreement for the Provision of Water and Sewer .Service Outside the City Limits prepared as
provided in part 3 of this Order without further action of the Council.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code ~ 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or denial of the
annexation and zoning and who may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
Dated this 2h!!:. day of !J/Lat ' 2000.
Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department
and the City Attorney.
ATTEST:
ORDER - PAGE 3 OF 4
By: SEAL
City Clerk ~ jI''b ....rf? 2
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ORDER- PAGE 4 OF 4
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RESOLUTION NO.
BY: ~/llv Btt-V
Ctfy Cotvn~mehv~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NIERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF
OF SAID lVIUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT FOR
HOOICUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEIvl
OUTSIDE THE CITY LIMITS", BY AND BETWEEN THE CITY OF
MERIDIAN AND OPAL C. FARRINGTON.
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 Ivleridian to enter into an
agreement vvith OPAL C. FARRINGTON, denoted as "AGREE!v1ENT FOR
HOOI(uP TO THE CITY OF MERIDIAN'S SEWER/W ATER SYSTEM OUTSIDE
THE CITY LIMITS", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
I. The Mayor and Clerl( are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with OPAL C. FARRINGTON,
entitled "AGREEMENT FOR HOOI(UP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", dated the 2~ day
of /'}'l.atc ,2000, by and between the City of Meridian and OPAL
C. FARRIN ON, a copy of which is attached hereto marl(ed as Exhibit "A" to this
Resollltion and to bind this City to its terms and conditions.
Resolution (Opal C. Farrington) - 1 of 2
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PASSED BY THE COUNCIL OF THE CITY OF rvIERIDlAJ.'\J, IDAHO, this 2~
day of IJi a~ ' 2000.
2;1lJ
APPROVED BY THE NfAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of J:'1a~ ,2000.
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Attest:
Resolution (Opal C. Farrington) - 2 of 2
Meridian City Council Meeting! \ .
May 2, 2000
Page 3
D. City Attorney - Bill Nichols:
1. Latecomers issues:
We've added an Item 0 which is from the attorney to discuss latecomers issues.
He has four questions on sewer lines. So that one has been added.
FP 00-007: Request for Final Plat approval of 102 lots and 14
other lots on 31.94 acres in an R-4 zone by Projects West, Inc., for
English Gardens Subdivision:
McCandless: Mr. Mayor, you also were going to put Item 13 for May 16th.
Item 13.
Corrie: Yes. The Council, when Item 13 comes up, will table that to the 16th due
to the fact that request by staff that we have not gotten all the final plat approval
- the developer - at that point there's a couple of questions, so that will be
tabled. So if there's anybody here for Item 13 to hear what goes on, that will be
tabled at that time. Thank you, Ms. McCandless.
Item I.
Water and Sewer Hookup Agreement for Opal C. Farrington:
Corrie: Okay, regular agenda, Item I, the water and sewer hookup agreement for
Opal C. Farrington. We'll open that. Staff comments first.
Smith: Mr. Mayor and Council members, this agreement is requested by Opal
Farrington for connection of three sewer and water connections, the property is
owned by them - owned by Mrs. Farrington at the northwest comer of Adkins
Lane and East Pine. The agreement for services to property outside City limits
has been sent to them for signature. There was a correction that needed to be
made in the agreement concerning the assessment fees. Our old Ordinance
addressed a double-connection fee for service outside the City limits. That's no
longer in effect, so that needs to be revised in the agreement. Beyond that, I
believe they are willing to sign that agreement which does include provisions for
them to immediately begin annexation process to the City of Meridian. They are
contiguous to the existing City limits.
Corrie: Council, any questions on that request for water and sewer hookup
agreement? Hearing none, I'll entertain a motion that - if you would like to have
them go ahead with that and with the changes to be made.
Bird: Mr. Mayor, I move that we approve the water and sewer hookup agreement
for Opal Farrington with changes being made, and once they are made and
signed by both parties, the Mayor to sign and the Clerk to attest.
McCandless: Second.
(
Meridian City Council Meeting
May 2, 2000
Page 4
Corrie: Motion is made and seconded to have the agreement signed and
approved - the Mayor to sign and the Clerk to attest after the City Engineer has
approved the agreement. Any further discussion? Hearing none, roll-call vote.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 1.
Ordinance No. 873: Adult Entertainment Ordinance relating to
zoning schedule:
Corrie: Item No. 1 is the Adult Entertainment Ordinance relating to zoning
schedule. Mr. Clerk, if you will read that Ordinance and give it a number and
read it by title only, please.
Berg: Thank you, Mr. Mayor. Members of the Council, Ordinance No. 873: An
Ordinance amending subsection S, Commercial, of the zoning schedule of the
use control of Section 1 of Chapter 8 of Title 2, Meridian City Code, by addition
thereof an adult entertainment business under land use; and providing for the
same to be permitted only by conditional use in the I-L District; and providing an
effective date.
Corrie: You've heard the reading of the Ordinance No. 873. Is there anyone
from the audience that would like to have Ordinance No. 873 read in its entirety?
Hearing none, I'll entertain a motion on Ordinance No. 873.
Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No.
873 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Anderson, seconded by Mr. Bird to approve
Ordinance No. 873 with suspension of rules. Any further discussion? Hear~ng
none, Mr. Berg, if you will give us the roll-call vote, please.
Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye
MOTION CARRIED: ALL AYES
Item 2.
Tabled April 18, 2000: Ada County Development Services 00-
10 PDR 00-05: Request for Preliminary Plat for Edinburgh
Subdivision - 138 Lots on 40.69 Acres by Steve Smith - % mile
east of Eagle Road on McMillan Road:
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PARCEL I
1100 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian as filed for
record in the office of the Ada County recorder, Boise, Idaho, in Book 4 of Plats at
page 158, situated in the Southeast Quarter of the Northeast Quarter, Section 7, T.
3N., R. IE., B.M., Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of
the Northeast Quarter of Section 7, T. 3N., R. IE., B.M., Ada County, Idaho.
thence along the Southerly boundary of the Southeast Quarter of the Northeast
Quarter of said Section 7, said Southerly boundary also being the centerline of Pine
Avenue, South 89007'04" West 1,009.06 feet to a point;
thence leaving said Southerly boundary and centerline, North 00002'59" East 25.00
feet to an iron pin on the Northerly right-of-way of said Pine Avenue marking the
Southwesterly comer of said Lot 5 of Eastside Addition to Meridian, said iron pin
also being the REAL POINT OF BEGINNING;
thence leaving said right-of-way, and along the Westerly boundary of said Lot 5,
North 00002'59" East 384.35 feet to an iron pin;
thence leaving said Westerly boundary, North 89007'04" East 121.05 feet to an iron
pin;
thence South 00002'59" West 218.88 feet to an iron pin;
thence South 22033'00" West 55.00 feet to an iron pin;
thence South 00002'59" West 115.00 feet to an iron pin on the said Northerly right-
of-way of Pine Avenue;
thence along said Northerly right-of-way, South 89007'04" West 100.00 feet to the
point of beginning, comprising of 1.000 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.
L~ X h /btCf 'II II d or t/
PARCEL 2
1130 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian, as filed for record
in the office of the Ada County recorder, Boise, Idaho, in Book 4 of Plats at page 158
situated in the Southeast Quarter of the Northeast Quarter, Section 7, T. 3N., R. IE., B.M.,
Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of the
Northeast Quarter of Section 7, T. 3N., R. IE., B.M., Ada County, Idaho;
thence along the Southerly boundary of the Southeast Quarter of the Northeast Quarter of
said Section 7, said Southerly boundary also being the centerline of Pine Avenue, South
89007'04" West 814.38 feet to a point;
thence leaving said Southerly boundary and centerline, North 00002'0 I" East 25.00 feet to
an iron pin on the Northerly right-of-way of said Pine Street, said iron pin being the REAL
POINT OF BEGINNING;
thence along said Northerly right-of-way, South 89007'04" West 94.67 feet to an iron pin,
thence leaving said Northerly right-of-way, North 00002'59" East 115.00 feet to an iron pin,
thence North 22033'00" East 55~00 feet to an iron pin;
thence Nort~ 00002'5911 East 218.88 feet to an iron pin;
thence South 89007'04" West 121.05 feet to an iron pin on the Westerly boundary of said
Lot 5 of Eastside Addition to Meridian;
thence along said Westerly boundary North 00002'59" East 269.78 feet to the Northwest
corner of said Lot 5 of Eastside Addition to Meridian;
thence along the Northerly boundary of said Lot 5 of Eastside Addition to Meridian, North
89021 '51" East 314.47 feet to an iron pin on the Westerly right-oE-way of Adkins Street;
thence leaving said Northerly boundary and along said Westerly right-of-vvay, South
00002'01" West 289.77 feet to an iron pin;
thence leaving said Westerly right-of-way, South 89007'04" West 120.00 feet to an iron pin;
thence South 00002'01" West 363.00 feet to the REAL POINT OF BEGINNING,
comprising 2.718 acres, more or less.
EXh/.b/f 11/9 'I 3 or ~
Parcel 3
1180 E. Pine
The East 120.00 feet of the South 353.00 feet of Lot 5 in the Eastside Addition to
Meridian in Southeast Quarter of the Northeast Quarter of Section 7, Township 3
North] Range 1 East, Boise Meridian, Ada County, Idaho.
Contains 1.0 acres more or less.
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April 27, 2000
V AR 00-005
May 2, 2000
MERIDIAN CITY COUNCIL MEETING
APPLICANT Wolfe Commercial Enterprises, LLC
ITEM NO.
H
REQUEST Variance from conditions of platting and City Ordinance 12-5-2.N regarding pressure
irrigation in Scottsdale Subdivision - south of Franklin Road between Meridian & Linder Roads
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
See attached Findings
vV
oJfr
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
(
April 27, 2000
Department Report
MERIDIAN CITY COUNCIL MEETING May 2, 2000
APPLICANT City Council Member - Tammy deWeerd
ITEM NO.
/6/1
REQUEST Pathway Master Plan Committee / Sub-Committee of Parks and
Recreation Commission
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
5/16/OO
. ~l
'ltv&U
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
MateriaJs presented at pubfic meetings shall become property of the City of Meridian.
MA YOR
Robe11 D. COITie
(~J_"
HUB OF TREASURE 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 288-250 I
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-221 I · Fax 887-1297
PLANNlNG AND ZONING
DEPARTMENT
(208) 884-5533 · Fax 888-6854
Memorandum
To: Mayor Corrie
City Council Members
From: Tammy de Weerd
Re: Pathway Subcommittee to the Parks Commission
In reference to the May 2nd agenda item regarding the Pathway subcommittee the
following names will be brought to the Parks Commission on May 15th for their review.
Pathway Master Plan Subcommittee (Ad Hoc) proposed members
Ed Fang (parks Commission rep)
Parks Department member
Lora White
Charlie Rountree
Tom Barberio
Jan de Weerd
Nancy 6,~~
Eric Wallentine
Thank you for your consideration.
(
(
May 2,2000
'FJVED
MAY" 220no
mY Of "N
To: City of Meridian
Re: Water bill for previous owner
Acct. # 34.0830.1 in the amount of $292.59
Current owner and property address:
Michael Kohntopp & 57.- q gZ~
984 E. Blue Heron St. 8 q ~ - 3 2- 63
Meridian, 10 83642
{/! ( M-tV ·
l6~lb-OO
\-ti VV\ :W- l ~
Local realtor:
Cheryl Todd
Group One Realty
208-371-2700
HUD has outsourced the management and disposition of single-family real estate to
Golden Feather Realty.
File # P1 00801D-001 HUD
Golden Feather Realty
1-800-525-3633 x4856
Sandra? or Judy Wasmuth
Regional Office
2500 Michelson, Suite 100
Irvine, CA 92612
Tel (949) 477-6300
Fax (949) 477-2225
Customer Service Center
404 South 8th Street
Suite #310
Boise, Idaho 83702
Tel (208) 433-3037
~?~a: /v 60 ~~ eX~F7~ ~. ;(uJ /0 p~ ~
- /J J'L'l)-Z ~/4//d /V/l'J...;/L bcJ d~J /tt-h I~Ahfof'P wIlt jJ<<!f.
April 27, 2000
MERIDIAN CITY COUNCIL MEETING May 2, 2000
APPLICANT Parks and Recreation Director - Tom Kuntz
REQUEST Purchase of a skid steer
Department Report
ITEM NO.
/~B
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
<
V~
Mf
Materials presented at public meetings shall become property of the City of Meridian.
Memorandum
RECE1CVEI1
. ~1AY 0 2 2000
MAYOES OFP-rt
CITY OF 1> - J~._a~
l\1ERIDIAlV
To: Mayor Robert Corrie and City COlUlcil
From: Tom Kuntz
Date: May 2, 2000
Re: Purchase of Skid Steer Loader
The City COlll1cil tentatively approved the purchase of a Skid Steer Loader for the Parks
Department at the April 18, 2000, City COlUlcil meeting.
The total purchase amount with the attachments was $33,000 and would have required a
formal bid process. After further research and having received approval from our auditor and
Reta in our Finance Department, we are requesting approval to purchase a Skid Steer Loader
using the following plan:
1) We will purchase the Skid Steer Loader with no attachments for $24,890. We have
five estimates.
2) Individual attachments will be purchased separately and range in cost from $800 to
$3500 with a total attachment cost of$8,000.
3) To fund this purchase, I am requesting a line item transfer of $7,000 from Equipment
Rental and a $26,000 transfer from the Five Mile Creek Pathway Capital.. We are
anticipating the Pathway Project will come in under budget since we are not building
the Simonich stretch of path.
From The Desk Of. . .
TOM KUNTZ
11 WBowerSt
Meridian, ill 83642
(208) 888-3579
May, 2, 2000
D !:iT f-r'1 .~ -r"'~ ~
.:r\.J.LJ "U 11' .~ .~ 17 ~
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Memorandum
1V".LAYO~ ri 1-' -:~_
CITY .:: C'l' _l1 .teE
OF ..tfERIDIAJ.V
To: Mayor Robert Corrie and City COlUlcil
From: Tom Kuntz
Date: May 2, 2000
Re: Purchase of Skid Steer Loader
The City Council tentatively approved the purchase of a Skid Steer Loader for the Parks
Department at the April 18, 2000, City Council meeting.
The total purchase amount with the attachments was $33,000 and would have required a
formal bid process. After further research and having received approval from our auditor and
Reta in our Finance Department, we are requesting approval to purchase a Skid Steer Loader
using the follovving plan:
1) We will purchase the Skid Steer Loader with no attachments for $24,890. We have
five estimates.
2) Individual attachments will be purchased separately and range in cost from $800 to
$3500 with a total attachment cost of$8,000.
3) To fund this purchase, I am requesting a line item transfer of $7,000 from Equipment
Rental and a $26,000 transfer from the Five Mile Creek Pathway Capital.. We are
anticipating the Pathway Project will come in under budget since we are not building
the Simonich stretch of path.
From The Desk Of. . .
May, 2,2000
TOM KUNTZ
11 W Bower St
Meridian, ill 83642
(208) 888-3579
Memorandum
IECEIVED
MAY - 2 2000
-QTY Of MEIIIlIAN
To: Mayor Robert Come and City COlU1cil
From: Tom KWltz ~~ \< I
Date: May 2, 2000
Re: Purchase of Skid Steer Loader
The City Council tentatively approved the purchase of a Skid Steer Loader for the Parks
Department at the April 18, 2000, City Council meeting.
The total purchase amOlll1t with the attachments was $33,000 and would have required a
formal bid process. After further research and having received approval from our auditor and
Reta in our Finance Department, we are requesting approval to purchase a Skid Steer Loader
using the following plan:
1) We will purchase the Skid Steer Loader with no attachments for $24,890. We have
five estimates.
2) Individual attachments will be purchased separately and range in cost from $800 to
$3500 with a total attachment cost of$8,000.
3) To fund this purchase, I am requesting a line item transfer of $7,000 from Equipment
Rental and a $26,000 transfer from the Five Mile Creek Pathway Capital.. We are
anticipating the Pathway Project will come in under budget since we are not building
the Simonich stretch of path.
From The Desk Of. . .
May, 2,2000
TOM KUNTZ
11 W Bower St.
Meridian, ill 83642
(208) 888-3579
April 28, 2000
MERIDIAN CITY COUNCIL MEETING:
DEPARTMENT REPORT
Mav 2,2000
APPLICANT: CITY ENGINEER - GARY SMITH
ITEM #: 16C
REQUEST:
ENGINEERING AGREEMENT - USTICK WATER LINE EXTENSION
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
\/9-/
{j)1 D
()If 1
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
t.
City of Meridian
Public Works Dept.
(
Memo
BJ~~CEIVED
MAY - 1 2000
CITY OF MERIDw~
To: Mayor & Council
From:Gary D. Smith, PE
CC: file
Date: 04/29/00
Re: Engineering Agreement - Ustick Water Una Project
Attached is a copy of the proposed engineering agreement for extension of the city
water line in Ustick Road from Summerfield Subdivision, east under Eagle Road, to
the new Summer's Funeral Home site.
JUS did the engineering for the 1999 Water Line Extension Project that was recently
. completed for us.
They have done a good job for us on all past projects and would recommend
that you approve this agreement to allow them to proceed with the engineering
for this project. I ~JJtet u,st
Regards, L. S. - y l, ~ 1 · -; 'l W, O(JO ~
f~li1tl - III 38'8 ·
7/ 1.3, osS · .-
...
Gary .
From the de5kof...
Gaty D. Smith.. PE
Meridian City Engineer
:Meridian Public Worlc:s DepartIra1t
2(K) E. Carltoo St., Suite 100
Meridian, ldah> 83642-26(X)
. Page 1
(208) 887-2211
Fax: (208) 887-1297
~
f"J-U..B ~
~
J-U( ~NGINEERS, Inc.
250 S. Beechwood Avenue
Suite 201
Boise, Idaho 83709-0944
Telephone: 208/376-7330
FAX: 208/323-9336
(
LETTER OF TRANSMITTAL
DATE: 4/25/00 " Project No. 11672
PROJECT NAME: Ustick Waterline Extension
PROJECT MANAGER:
TO: Attn. Gary Smith, P.E.
City of Meridian - Dept. of Public Works
200 East Carlton, Suite 100
Meridian, 10 83642
SUBJECT:
Agreement for Professional Services
GENTLEMEN:
We are sending you the following items: [8] ATTACHED 0 UNDER SEPARATE COVER via
o SHOP DRAWINGS DPLANS 0 PRINTS 0 SAMPLES D SPECIFICATIONS
o COpy OF LETTER 0 CATALOG SHEETS 0 CHANGE ORDER D
COPIES DATE or No. DESCRIPTION
2 Proposed Agreement for Water Extension on Ustick Road
THESE ARE TRANSMITTED AS CHECKED BELOW:
[8J FOR APPROVAL 0 AS REQUESTED [8] FOR SIGNATURE
o FOR YOUR USE 0 FOR REVIEW AND COMMENT 0 RETURNED FOR CORRECTIONS
o FOR BIDS DUE t 1997. 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS:
We appreciate the opportunity to submit the enclosed services. The scope of services was edited from
the 1999 Waterline Project. Easements may be required for construction access at the Eagle Road bore.
I added some time for property owner contact and legal descriptions based on two parcels. As you know,
the time required to secure easements, is difficult to estimate. We may need your assistance to help
facilitate easements. Also, there may be some critical utility crossings in this project, requiring potholing.
If required, we are proposing that city crews or city provided subcontractors provide the necessary
equipment to expose the utilities. This worked well in the 1999 project.
Our survey crew is starting work this week, somewhat earlier than expected. After we have developed a
preliminary alignment, I would like to meet with you to discuss connections along Eagle Road, for future
water main extensions. If you have any questions, please call me.
COpy FOR
SIGNED:
I RECEIVED BY:
I DATE:
PLEASE SIGN, DATE, AND RETURN COpy TO J-U-B.
~
~J.U.B }
. ~
Engineen Surveyors Planners
J-~U-B ENGINEERS.~lnc.
{' (
AG~.....2MENT FOR PROFESSIONAL 'w~RVICES
PHK
115
J-U-B Project No.: 11672
THIS AGREEMENT entered into this _ day of ~, 2(x)(), between City of Meridian hereinafter referred to as the "CLlENft and j-U-B
ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereinafter referred to as II j-U-B ".
WITNESSETH:
WHEREAS, the CLIENT intends to construct waterline extension as aenerallv described in Section 1 of Attachment 'A',
hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and j-U-B in consideration of their mutual covenants herein agree in
resoect as set forth below.
CLIENT INFORMATION AND RESPONSIBllmES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of
all design and construction standards which CLIENT will require to be included in the Drawings and Specifications.
The CLIENT will furnish to J-U-B, as required for performance of j-U-B 's services, data prepared by or services of others, if available,
including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements,
surveys of record, property descriptions; zoning, deed and other land use restrictions; and other special data or consultations as may be
available, all of which J-U-B may use and rely upon in performing services under this Agreement.
The CLIENT will arrange for access to and make all provisions for j-U-B to enter upon public and private property as required for
J-U-B to perform services under this Agreement.
In addition, the CLIENT will furnish to j-U-B: (As outlined in Section 2 of Attachment 'At)
SERVICES TO BE PERFORMED BY J-U-B
j-U-B will (as described in Attachment tAt)
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said services as follows: In a timely manner.
BASIS OF FEE AND BilLING SCHEDULE
The CLIENT will pay j-U-B for their services and reimbursable expenses as follows: (Refer to Fee Schedule in Attachment 'AI)
Rle Folder Title MERIDIAN, CITY OF - Ustick Road Water1ine Extension
Remarks:
The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement.
THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS
AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
CLIENT:
j-U-B:
CITY OF MERIDIAN
NAME
200 E. Carlton, Suite 100
STREET
Meridian
CITY
250 South Beechwood, Suite 201
STREET
Boise,lO 8370 -0944
10 83642
STATE ZIP CODE
STATE ZIP CODE
BY (Signature)
Robert D. Corrie
NAME
BY (Signature)
Phillip H. Krichbaum, P. .
NAME
Project Manager
TITLE
Mayor
TITLE
DISTRIBUTION: White - J-U-B Corporate File
Yellow - J-U-B Office File
Pink - J-U-B Project File
BY (Signature)
William G. Berg, Jr.
NAME
City Clerk
TITLE
.J - U- B -01
(
04/20/00
ATTACHMENT "A"
AGREEMENT FOR CIVIL ENGINEERING SERVICES
City of Meridian, Idaho
2000 Ustick Waterline Extension
J-U-B ENGINEERS, Inc., Project No. 11672
SECTION 1 - PROJECT UNDERSTANDING
Proiect Location Description
1.1 The project will encompass the following improvements: 1) Waterline extension
commencing from east boundary of Summerfield Subdivision and extending
approximately 4,700 lineal feet east and terminating approximately at the intersection
of Duane Drive and Ustick Road. The project will entail a bore undercrossing beneath
Eagle Road. Waterline alignment will be in the public right-of-way, with the possible
exception of the Eagle Road boring.
SECTION 2 - CLIENT RESPONSIBiliTIES
Client Information and ResDonsibilities:
The following data and/or services are to be provided by the CLIENT without cost to J-U-B:
2.1 Provide ongoing review of J-U-B's work and timely consideration of policy issues within
a time acceptable to both the CLIENT and J-U-B.
2.2 Provide access to relevant record drawings! master plans, and other relevant
information of record.
2.3 Provide waterline sizing, valving, connection locations, and fire hydrant locations.
2.4 Assist in identifying buildings and dwellings requiring water service.
2.5 Serve as a liaison with proposed private development and public.
2.6 Pay for all permits, fees, or payments required to secure easements and permitting for
construction of the proposed improvements.
2.7 Assist J-U-B in requesting locates for underground utilities. Provide equipment or
subcontractors to field expose critical utilities.
Attachment irA" - Page 1
(0
04/20/00
SECTION 3 - PRELIMINARY AND FINAL DESIGN
Services to be Performed bv J-U-B:
J-U-B shall furnish services specifically limited to the following:
3.1 PredesiQn and Project MeetinQs
A. J-U-B shall attend a predesign meeting with the CLIENT for the purposes of
obtaining project information and to receive any general direction the CLIENT
may have with respect to proceeding with the project. J-U-B wilt attend
progress meetings as required throughout the project.
3.2 Research, Control. and TODOQraohic Survey
A. J-U-B shall research the Ada County Surveyor's records for survey monuments
to aid in establishing horizontal control for the project. J-U-B's previous
horizontal control work completed for the CLIENT, in the 1999 Waterline
Project, will be utilized to the maximum extent feasible. The horizontal
coordinate system will be translated to a common point in the 1983 Ada
County G.I.S. system. J-U-B will locate and reference on Construction Plans
visible field monuments of record that may be disrupted as a part of
construction. In addition, J-U-B shall depict on the construction plans, other
monuments, or land corners ~hat have adequate evidence of existing. J-U-B
shall utilize Ada County G.I.S. mapping to approximately place property lines
adjoining public rights-af-ways. Vertical control shall be based on the 1988
NAVD datum elevation. Research will be performed to generally identify
public rights-of-ways. Approximate ITD stationing will be referenced on Eagle
Road (SH-55) to facilitate permitting process.
B. J-U-B shall complete topographic surveys which will be bounded by the north
Ustick Road right-af-way to centerline of pavement. Additional site survey
may be required at the waterline connection points and at the Eagle Road
bored undercrossing. The survey shall locate all relevant features necessary
for a proper design of the project. As a minimum, these items shall include
topography features such as fences, utility poles, surfacing, culverts, drainage
structures, significant vegetation, sidewalks, curbs, gutters, driveways,
utilities, edge of pavement, and shall also include a search for monuments af
record, physical survey of monuments and property pins that are found.
C. J-U-B shall contact and receive utility information from affected utilities
including, but not limited to, gas, power, telephone, storm drainage, cable
T. V., street lighting, traffic signals, irrigation, and other utilities that may be
affected by the proposed construction. It is recommended that critical utility
crossings be field verified (refer to Section 2 for Client Responsibilities). Other
utilities not field located must be verified during project construction.
Attachment "An - Page 2
04/20/00
3.3 Desi~n, Draftin~ and Contract Documents
A. J-U-B shall be responsible for preparing the design in conformance with
CLIENT, and local agencies' policies including ACHD and lTD. J..U-B shall be
responsible for design considerations such as alignment to ensure compliance
with separation from sewers and other known nonpotable lines or sources in
conformance with the State Drinking Water Regulations, ACHD utility corridor
compliance, bored undercrossing design, connection details, water service
details, buried irrigation canal culverts or drainage ditch culvert crossing,
thrust blocking, surface repair, and other items necessary for proper
construction of the project.
B. Design Drafting
J..U-B shall perform design drafting in AutoCAD Version 14, at a scale of 1H = 50'
horizontal on a 22" x 34" sheet. Profile sheets shall be developed for the
Eagle Road crossing at a 1" = 5' vertical scale. Drawings will be prepared in
similar format with the 1999 Waterline Construction Project.
c. Contract Documents
Contract Documents shall be in accordance with the proposed 1999 Edition of
the Idaho Standard Public Works Construction (ISPWC) format, standard
revisions thereof, and in similar format with the 1999 Waterline Construction
Project. J-U-B shall be responsible for preparing special provisions necessary
for the project and shall prepare the contract documents on a word processing
system compatible with Microsoft Word, Windows 1995.
3.4 A~encv Coordination and Permittin~
A. J..U-B shall schedule and coordinate a meeting with the Idaho Transportation
Department (ITD) and Ada County Highway District (ACHD) to:
· Establish acceptable waterline and boring corridors within the State and
ACHD rights-Qt..ways.
· Determine it any road or structure improvements are anticipated in the
foreseeable planning period.
· Obtain pertinent design requirements and material specifications for
proposed improvements. Obtain record drawings of roadway and drainage
improvements in the project vicinity.
J..U-B will prepare the necessary plans, exhibits and applications required to
complete right..of..way utility permits for agency approval.
B. J..U-B will contact irrigation and drainage districts that may be affected by the
proposed construction; however, license agreement applications are not
anticipated to be required.
Attachment riA" - Page 3
04/20/00
C. Coordination and the submittal of final construction plans and specifications to
the Idaho Division of Environmental Quality, shall be performed by J-U-B.
3.5 Plan Review and Revisions
Upon 90% completion of the plans, specifications, and contract documents, J-U-B shall
submit review sets of plans to all affected utilities, ITO, and ACHD and two sets for the
CLIENT's final review and approval. J-U-B shall incorporate all appropriate revisions as
suggested by the CLIENT and the utilities in the final set of plans and specifications.
3.6 Opinion of Probable Construction Cost
J-U-B shall develop and issue to CLIENT an opinion of probable construction cost for
the construction project, and any bid alternatives.
SECTION 4 - BID AND AWARD SERVICES
4.1 Biddin{! Publishin{! and Administration
J-U-B will provide fifteen (15) sets of the contract documents required for bidding
purposes. Plans and contract documents will be distributed through J-U-B'S Boise
office. J..U..B will provide bid administration services to coordinate the Bid process
with the CLIENT, prepare addenda, when necessary, during the Bid process to clarify
bidding requirements, issue addenda, and assist in answering bidders' questions. A
pre-bid meeting is not anticipated.
4.2 Bid Opening and Award
If requested by the CLIENT, J-U..B will conduct the bid opening, review bids, prepare a
bid abstract, provide recommendation for contract award to CLIENT, and prepare
necessary contract documents to award the project.
SECTION 5 - EASEMENTS
5.1 Preliminary Easement Identification and Property Owner Contact
J-U..B shall meet with the property owners and determine property owner
requirements and a suitable alignment for the easements associated with the Eagle
Road bored undercrossing.
5.2 Easement Descriptions and Exhibits
J..U-B will prepare the necessary easement legal descriptions and exhibits in the
CLIENT's standard format for the CLIENT to secure the necessary right-of..way for
construction and meet with the property owners to assist the CLIENT in the final
easement negotiations. It is anticipated that two parcels may require temporary
construction easements. Title reports will be ordered for these properties.
Attachment "AU - Page 4
(
04/20/00
SECTION 6 - CONSTRUCTION SERVICES
Construction services will be provided under additional authorization, as specifically directed
by the Client.
SECTION 7 - FEE SCHEDULE
Basis of Fee and BillinQ Schedule
The CLIENT shall pay CONSULTANT for its services and reimbursable expenses as follows:
. Predesign and Progress Meetings ) 'V
Item 3.1, on a time and materials basis, with an estimated budget of ........................ $498 r~~
Research, Control and Topographic Survey, on a time and materials basis Jot
With an estimated budget of ........................................................................ $6,463 ~W\
.
.
Design, Orating, Contract Documents, and Cost Estimate
Items 3.3,3.5 and 3.6, on a lump sum basis with a cost of .................................... $8,667 L...,S.
.
Agency Coordination and Permitting
Item 3.4, on a time and materials basis, with an estimated budget of....................... $1,971 11 W\
. Bid and Award Services
Items 4.1 through 4.2, on a time and materials basis, with an estimated budget.......... $1,902 'f4 M
. Easements (2 parcels)
Items 5.1 through 5.2, on a time and materials basis, with an estimated budget.......... $3,554 ftw\
The basis for calculation of fees is presented in Attachment "B".
j 1.:;/ 0 5' .5
F: \pro j ects\ 116 72\adm in \meridian water a ttacha. doc
L,i -
T:(lA\-
Attachment "Au - Page 5
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interoffice
MEMORANDUM
To:
William G. Berg, Jr. ~/
. Marlene 81. Georg~
REcErVED
From:
MAY - 2 2000
CITY OF fdERIDlili\T
Subject:
Agenda Item 16.C.l (Ustick Water Line Project)
Date:
May 2, 2000
Will:
Please find attached the originals of the Resolution and Certificate of
the Clerk in regards to the Professional Services Agreement between J-U-B Engineers,
Inc. and the City of Meridian. This matter is set on the City Council agenda for
t011ights meeting, May 2,2000, as Item 16.C.l.
I have prepared these two documents so that they are ready to go if
Council approves the agreement.
If you have any questions please give me a call.
Z:\Work\M\Meridian 1 5360M\Public Works\Berg050200.Mem
(
interoffice
MEMORANDUM
Subject: SCOTTSD
William G. Berg, Jr.
RECEIVED
APR 2 4 2000
CITY OF MERIDIAN
To:
From:
FILE NO.: V AR-OO-005
Date: April 20, 2000
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A
VARIANCE, pursuant to action of the Council at their April 18, 2000, meeting. The
Findings will be on the Council's agenda for May 2,2000, meeting.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Works and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
msgjZ:\ W ork\M\Meridian 15360M\Scottsdale V AR\ClkV AR042000.Mem
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MA ITER OF THE )
APPLICATION OF WOLFE )
COMMERCIAL ENTERPRISES, )
LLC, FOR A VARIANCE FROM )
THE PLAITING CONDITION )
AND CITY POLICY TO PROVIDE )
PRESSURIZED IRRIGATION TO )
LOTS IN SCOITSDALE )
SUBDIVISION, MERIDIAN, )
IDAHO
04-20-00
V AR-OO-005
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 April 18, 2000] and Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing on behalf of the Applicant was Becky Bowcutt of Briggs
Engineering, Inc., and appearingvvith comments or concerns were: Linda Holstein, 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 mal<e the follovving Findings of Fact and Conclusions of Law and Order of
Decision, as follows to-vvit:
FINDINGS OF FACT
I. The City Council takes judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
(
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 99 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Wolfe Commercial Enterprises, LLC" whose address is
1409 East I st Street, Meridian, Idaho.
4. :rhe location of the subject property is located South of Franklin Road
between Meridian and Linder Roads, Meridian, Idaho.
5. 'The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
A parcel of land located in the NE 1/4 of the NW 1/4 of Section 13, Township 3
North, Range 1 West of the Boise Meridian, Ada County, Idaho] being more
particularly described as follows:
Commencing at the north 1/4 corner of Section 13, T. 3N., R. I W., B.M.,
thence S 0004'01" E 40.00 feet to a point on the south right-of-way of W.
Franklin Road, the REAL POINT OF BEGINNING of this description;
Thence N 89049'00" W 155.50 feet along said south right-of-way to a point;
Thence S 45011'00" W 28.28 feet to a point;
Thence S 0011'00" W 265.00 feet to a point;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COI\1MERClAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
(
Thence N 89049'00" W 195.85 feet to a point on the east boundary of Crest
Wood Estates Subdivision No. I, filed in Book 36 of Plats, at page 3060,
records of the Ada County Recorder's Office;
Thence S 9010'00" E 125.49 feet along said east boundary to a point;
Thence S 0005'00" W along said easterly boundary 58.10 feet to the northeast of
Fenway Park No.3 Subdivision, filed in Boole 66 of Plats, at page 6890] records
of the Ada County Recorder's Office;
Thence S 0004'03" E 124.73 feet along the east boundary of said Fenway Parle
No.3 Subdivision to an angle point;
Thence S 65051'33" E 386.92 feet along the northeasterly boundary of said
Fenway Parle No.3 Subdivision and Fenway Parle No.2 Subdivision to a point
on the west boundary of Franklin Square Subdivision, filed in Book 44 of Plats,
at page 3587, records of the Ada County Recorder's Office;
Thence N 0004'0111 W 748.77 feet along said west boundary to the REAL
POINT OF BEGINNING of this description.
This parcel contains 4.296 acres, more or less.
6. The present land use of subject property is presently zoned as (R-15)
Medium High Density Residential District, and contains 4.296 acres of vacant land]
more or less.
7. The proposed land use of subject property is to develop the subject
property in the following manner: Limited Office.
8. That a vicinity map, attached hereto as Exhibit "A", 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE C01vfJV1ERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
9. The Applicant seeks a variance of the following provision of the Meridian
City Code, S 12-5-2N, Pressurized Irrigation System, in the R-15 zone, which provides
as follows:
12-5-2N
Pressurized Irrigation System:
I.
System Installation Required: In each subdivision the subdivider
shall provide by underground tile, or other satisfactory
underground conduit, pressurized irrigation water to each and
every lot within the subdivision. The pressurized irrigation system
shall be constructed and installed at the same time as the domestic
water lines, but shall not necessarily be in the same trenches.
2.
Cross-Connections Prohibited: There shall be no cross-connections
between the domestic water lines and the irrigation water lines that
do not comply with Title 9, Chapter 3 of this Code.
3.
Approval By City Engineer; Waiver Of Requirements: All such
pressurized irrigation water systems shall be approved by the City
Engineer. Provided, however, that the requirements of this
subsection may be waived upon proof that any particular lot,
parcel or piece of land does not have water rights in an existing
irrigation district.
4.
System Provided By City: Also, the above requirement may be
waived if the subdivider either: a) deeds to the City land for a well,
drills the well and places the well on-line with the City water
system, including the necessary pumps, piping, valves, pressure
equipment, and all other equipment necessary, and which well
depth and capacity are detennined by the City; or b) the
subdivider deposits, gives and grants sufficient funds with the City
to purchase all necessary equipment to put the well on-line with
the City water system. In many subdivisions the latter option may
be preferable to the City so that the City may combine funds to
drill and equip one large well to setvice several subdivisions, rather
than have several smaller wells of less capacity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
(
10. 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.
II. The characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that The Nampa & Meridian Irrigation District
does have water available, however, the property to the south has filled in the drainage
system and there is no place for the overflow water to go. Since there is no overflow
the Nampa & Meridian Irrigation District will not deliver the water.
12. The minimum requirements of the ordinance that need to be reduced to
pennit the proposed use would be the elimination of the requirement for pressurized
irrigation system.
13. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property are that the Applicant cannot meet a
City require:ment, and therefore the project cannot obtain City approval of the plat.
14. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with are that the system cannot be built
to City or the Nampa & Meridian Irrigation District standards.
15. The special conditions and circumstances that exist are that there is no
discharge available for the irrigation water. The system cannot be installed per City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OQ-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
(
and Nampa & Meridian Irrigation District standards.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because without the removal of the condition of the plat, the
project cannot go forward.
17. The existence of special circumstances or conditions affecting the
property are the result of the platting of the property to the south, not by the property
owner.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
19. The Applicant was prepared to install the pressurized irrigation system
but due to the circumstances stated above and not being able to install the system, the
value of the lots has diminished. There is no anticipation of profit from the variance,
it is due to practicality.
20. 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.
21. The granting of this variance will not have an effect of altering the interest
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
22. . The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
I. 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 permits.
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 9 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
compliance with the requirements of the Zoning and Development Ordinance would result
in extraordinary hardship to the owner, subdivider or developer because unusual
topography, the nature or condition of adjacent development, 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 Development Ordinance
and the Meridian Comprehensive Plan.
5. Section 12-5-2N, PRESSURIZED IRRIGATION SYSTEM, of the Meridian
City Code provides for an R-15 zone that states in part as follows:
12-5-2N
Pressurized Irrigation System:
1.
System Installation Required: In each subdivision the subdivider
shall provide by underground tile, or other satisfactory underground
conduit, pressurized irrigation water to each and every lot within the
subdivision. The pressurized irrigation system shall be constructed
and installed at the same time as the domestic water lines, but shall
not necessarily be in the same trenches.
2.
Cross-Connections Prohibited: There shall be no cross-connections
between the domestic water lines and the irrigation water lines that
do not comply with Title 9, Chapter 3 of this Code.
3.
Approval By City Engineer; Waiver Of Requirements: All such
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
/"
\
pressurized irrigation water systems shall be approved by the City
Engineer. Provided, however, that the requirements of this
subsection may be waived upon proof that any particular lot, parcel
or piece of land does not have water rights in an existing irrigation
district.
4. System Provided By City: Also, the above requirement may be
waived if the subdivider either: a) deeds to the City land for a well,
drills the well and places the well on-line with the City water system,
including the necessary pumps, piping, valves, pressure equipment,
and all other equipment necessary, and which well depth and capacity
are determined by the City; or b) the subdivider deposits, gives and
grants sufficient funds with the City to purchase all necessary
equipment to put the well on-line with the City water system. In
many subdivisions the latter option may be preferable to the City so
that the City may combine funds to drill and equip one large well to
service several subdivisions, rather than have several smaller wells of
less capacity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE CON1J\1ERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDNISION
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:
1. That the Applicant is hereby granted a variance for pressurized irrigation
system in Scottsdale Subdivision.
2. This variance is conditioned upon and subject to:
2.1 A requirement of the plat is that ten feet of the 20-foot-wide
perimeter landscaping shall be installed prior to applying for building
permits, and this requirement should not be waived. Each individual
lot shall be responsible for providing an underground sprinkling
system to all landscaped areas. A separate landscape meter should be
installed to each lot during construction. A well development fee of
$672 per lot should be required if the variance is granted.
NOTICE OF FINAL ACTION
Please ta]<e notice that this is a final actio11 of the governing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the Pressurized Irrigation System of the
R-8 Zone as provided in the Section 12-5-2N and may within twenty-eight (28) days
after the date of this decision and order seel( a judicial review as provided by Chapter
52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
(
By action of the City Council at its regular meeting held on the .2 /t!.P- day of
Ih~
, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED$A--
COUNCILMAN I(EITH BIRD
VOTED fie^-
VOTED~
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED$'^--
MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED
DATED: 5~2--00
MOTION:
APPROVE~~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
Dated:
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msg/Z:\ W ork\M\Meridian 15360M\Scottsdale V AR\FfCIsGrantVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 11 of 11
ORDER OF DECISION GRANTING A VARIANCE / V AR-OO-005
WOLFE COMMERCIAL ENTERPRISES, LLC / SCOTTSDALE SUBDIVISION
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(208) 344-9700
1800 W OVERLAND RD
BOISE. IDAHO 83705
1/2 MILE VICINITY MAP
SCOTISDALE SUBDIVISION
NW 1 / 4 SECT ION 13, T. 3 N ., R. 1 W ., B. M .
ADA COUNTY) IDAHO
REVISION
BRIGGS ENGINEERING, INC.
(E)
'NC
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3 OF 4
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DATE
11/03/98
DWG NO.
980202
\980202 APR
ExhibIt ''/II'
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
C.W. CONSTRUCTION/WILLIAM & JODY )
BUCI<NER, FOR A CONDITIONAL USE )
PERMIT FOR 1,800 SQ. FT. HOME/OFFICE TO)
BE USED AS OFFICE SPACE IN A C-N ZONE, )
LOCATED AT THE NORTHWEST CORNER OF)
BARRETT AND CRESTWOOD DRIVE, )
MERIDIAN, IDAHO )
)
)
04-1 9-00
CASE NO. CUP-OO-OIO
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 2ND day of May, 2000,
under the provisions of Meridian City Code ~ 11-1 7 -4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council talces the
follo"Wing action:
1. That the Applicant/Owner of the property is granted a conditional use permit
for the proposed application request of a conditional use permit for the construction,
development, maintenance and use for an 1,800 sq. ft. home office that "Will be used
as an office space, and described in the PLOT PLAN, attached hereto as Exhibit "A"
for the development of the aforementioned project, and which property is described
as:
That portion of the Northwest Quarter of the Northwest Quarter of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying south
of Franldin Road, east of Linder Road, North of West Barrett Drive, west of West
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
C.W. CONSTRUCTIONIWILLIAM & IODY BUCKNER / CUP-OO-OIO
(
Crest Wood Drive, and west of Lot 14 in Block 3 of Crest Wood Estates Subdivision
No.3, according to the official Plat filed in Book 55 of Plats at Page 5081.
and
Parcel B as delineated on Plat Map of Survey # 1602 Book G Pages 1627 and 1628
recorded March 21, 1990 as Instrument No. 9014498, records of Ada County, Idaho,
being a portion of the North Half of Section 13, Township 3 North, Range 1 West,
of Boise Meridian in Ada County, Idaho.
2. That the above named applicant is granted a conditional use permit for an
1,800 sq. ft. home office that will be used as an office space, located at the northwest
corner of Barrett and Crestwood Drive, Meridian, Idaho, subject to the following
conditions of use and development:
2.1 Off-street parl<ing shall be provided in accordance with the City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
2.2 Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall
be required and shall be submitted to the City Engineer for all off-street parking
areas. All site drainage shall be contained and disposed of on-site.
2.4 Outside lighting shall be designed and placed so as to not direct illumination on
any nearby residential areas and in accordance with City Ordinance.
2.5 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance.
2.6 Determine the seasonal high groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soils scientist with the design of site
drainage plan.
2.7 Provide sidewallcs in accordance with City Ordinance.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
C.W. CONSTRUCTIONIWILLIAM & IODY BUCKNER / CUP-OO-OIO
2.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.9 The subject parcel is a remnant area created by an illegal lot split when ACHD
developed the large stormwater detention pond at the intersection of Barrett
and Linder Road.
2.10 Sanitary sewer and water service line are not existing to this site, however main
lines do exist in both of the frontage streets. Applicant shall be required to
extend service lines to the existing main lines.
2.11 Assessment fees for water and sewer service are determined during the building
plan review process. Applicant shall be responsible for the actual physical
connection of the existing building located within this development, and shall
be required to enter into an Assessment Agreement with the City of Meridian.
An assessment agreement is a vehicle that protects the City of Meridian and the
Developer in the event that estimated assessments are not in line with actual
usages. The agreement provides for reimbursement to the developer for over
payment of assessments, and payment to the City of Meridian of any shortfall
in assessments. The overpayment/shortfall is determined after adequate
historical usage.
2 .12 Underground pressurized irrigation shall be provided to all landscape areas on
site. Applicant shall submit hook-up and design details based on the proposed
landscaping
2.13 20-foot minimum landscape buffers are required along Barrett and Crestwood
Drive to screen the commercial parldng area from surrounding residences.
Applicant shall be required to plant trees at a minimum of 15 feet on center for
the small (Class 1) trees proposed on the site plan. If larger (Class 2) trees are
used, the spacing could be increased to 30 feet o.c. Evergreen conifers (i.e. pine
and spruce) are prohibited as street trees.
2.14 One (1) three-inch (3") caliper tree is required per I ,500 sq. ft. of asphalt on
the site as per City Ordinance. Based on the proposed site plan at least 4 of the
trees provided must at least 3" caliper. The additional trees may go down to 2"
caliper minimum.
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
C.W. CONSTRUCTIONIWILLIAM & IODY BUCKNER / CUP-OO-OIO
2.15 The required landscape buffer is not to contain open gravel stormwater
detention areas. Underground absorption areas shall be designed to
accommodate all of the required trees or they must be relocated to another area
on site.
2.16 The surrounding buffers and setbaclcs shall be turf as shown on the site plan
and shall not be gravel, rock, or paved areas.
2.17 Coordinate screened trash enclosure location and construction requirements
with Sanitary Service Company and provide a letter of approval from their
office to Planning & Zoning when applying for a Certificate of Zoning
Compliance. All trash areas are to be enclosed by a screening fence on at least
three (3) sides.
2.18 Handicap parlcing, associated signage and building construction shall meet the
requirements of the Americans with Disabilities Act. Applicant shall explain the
location of the handicapped parking stall in relation to the main entrance. All
stalls shall meet minimum dimension standards, signage, and striping as per
ADA.
2.1 9 No freestanding signs are being proposed and none are approved for this CUP.
Any future freestanding signs shall be considered a modification of this CUP.
Only wall signs shall be permitted and shall be subject to design review and
require separate permits. Any temporary or A-frame signs shall be prohibited as
a condition of approval, and shall be removed upon 3 days notice.
2.20 City Ordinance requires driveways to be a minimum of 25 feet. All standard
parking stalls shall be a minimum of 9x19 as per city ordinance.
2.21 All tenants of the building shall be professional office uses or as othervvise
permitted ill the Zoning Schedule of Use Control.
2.22 No outdoor storage is permitted anywhere on the lot (i.e. behind the building).
No portion of the lot shall be used as a contractors yard.
2.23 The building should be repainted from the existing blue shades to another color
more compatible with the residential uses (i.e. soft earth tones) and to update
the appearance of the building.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
C.W. CONSTRUCTION/WILLIAM & IODY BUCKNER/ CUP-OO-OIO
2.24 This conditional use permit shall be subject to review upon ten (10) days notice
to the applicant. Transfer of the conditional use permit shall be submitted and
approved by the Zoning Administrator for any new owners/tenants.
2.25 All codes shall have to be met.
2.26 The location of the trash enclosure is approved but it needs to be a minimum of
10' x 10' to avoid damage to enclosure.
2.27 The Applicant's central sewage and central water plans shall be submitted to
and approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2.28 Run-off is not to create a mosquito breeding problem.
2.29 Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2.30 The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and surface
water degradation.
2.31 Construct a 5 foot wide concrete sidewall( on Barrett Drive abutting the parcel
adjacent to the existing curb and gutter.
2.32 Construct a 5-foot wide concrete sidewalk on Crestwood Drive abutting the
parcel adjacent to the existing curb and gutter.
2.33 Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
2.34 Construct a 24 to 30-foot wide driveway on Barrett Drive, located as proposed,
approximately 55-feet west of Crestwood Drive. Pave the driveway its full
required width and at least 30-feet beyond the edge of pavement of Barrett
Drive.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6
c.w. CONSTRUCTION/WILLIAM & laDY BUCKNER/ CUP-OO-OIG
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code S 11-1 7 -8, a copy of
which is attached to this pennit.
By action of the City Council at its regular meeting held on the
In a;j , 2000.
2 II..P.
day of
rt D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
B~~~~? ()
City Clerk I I'
Dated:
y 2--tJo
msg/Z:\Work\M\Meridian 15360M\C.W. Construction CN CUP\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
C.W. CONSTRUCTIONIWILLIAM & JODY BUCKNER / CUP-OO-OI0
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BEFORE THE MERIDIAN CITY COUNCIL
04-1 9-00
IN THE MATTER OF THE )
APPLICATION OF C.W. )
CONSTRUCTION/WILLIAM & )
JODY BUCICNER, FORA )
CONDITIONAL USE PERMIT )
FOR 1,800 SQ. FT. HOME/OFFICE )
TO BE USED AS OFFICE SPACE )
IN A C-N ZONE] LOCATED AT )
THE NORTHWEST CORNER OF )
BARRETT AND CRESTWOOD )
DRIVE] MERIDIAN] IDAHO )
)
Case No. CUP-OO-OIO
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit applicatiol1 having COlne before
the City Council for public hearing on April 18, 2000, at the hour of 7:30 p.m., at the
Meridian City Hall, 33 East Idaho Street, Meridian] Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning COlnmission who conducted a public hearing and having heard and taken oral and
written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified at the hearing, and no one appeared in opposition, and having duly considered
the matter and the Planning and Zoning COlmnission made the following Fi11dings of Fact
and Conclusions of Law and Recommendation to City Council, and the City Council
having received the staff report and the record made before the Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCI<NER/ CUP-GO-OIO
1'-
(
Commission, and being fully advised in the premises, the Council finds and concludes as
follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
I. Idaho Code S 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use pennits; and
(B) That a special use permit may be granted to a11 applicant if
the proposed use is othelWise prohibited by the tenns of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts] to provide services for the proposed use, and when
it is not in conflict with the plan; and
(C) That upon the granting of a special use permit, conditions
may be attached to a special use pennit, including] but not
limited to, those:
I) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring Inore
restrictive standards than those generally required in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCI<NER/ CUP-OO-OIO
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts]
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Pennits by the enactment of Meridian
City Code 9 11-17-2.
3. Idaho Code S 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use pennit in a Neighborhood Bllsiness
zone (C-N), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of
the external boundaries of the land under consideration for the conditional use permit
all in accordance with the provisions of Meridian City Code S 11-1 7 -5, which provides
as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Comlnission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided] however] that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCICNER/ CUP-OO-OIG
(
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission. "
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use pennit was published
for two (2) consecutive weelcs prior to the said public hearing scheduled for April 18,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideratiol11TIOre than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the said April 18, 2000] public hearing; and the
Applicant] affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCI<NER/ CUP-OO-OIG
(
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 9967-6509 and 67-6512; and Meridian City Code 9S 11-15-5 and
11-17 -5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and
Proof of Posting filed with the staff report.
3. Council tal(es judicial notice of its Zoning] Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 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 and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at the northwest corner of Barrett and Crestwood
Drive, Meridian, Idaho.
5. The owner of record of the subject property is C.W. Construction, Inc. of
Meridian.
6. Applicant is the owner of record.
7. The subject property is currently zoned C-N. The zoning district of C-N
is defined within the City of Meridian Zoning and Development Ordina11ce, Section
11-7-2H.
8. The proposed application requests a conditional use pennit for an 1,800
sq. ft. home office that will be used as an office space. The C- N zoning designation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCI<NER/ CUP-OO-OIO
/
\
within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact] C011stitute a
conditional use as determined by City Ordinance.
II. The requested conditional use is described in the PLOT PLAN, attached
hereto as Exhibit "A", for the development of an 1]800 sq. ft. home office that will be
used as an office space, and which property is described as:
That portion of the Northwest Quarter of the Northwest Quarter of Section 13,
Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, lying
south of Franldin Road, east of Linder Road] North of West Barrett Drive] west
of West Crest Wood Drive] and west of Lot 14 in Blocle 3 of Crest W God
Estates Subdivision No.3, according to the official Plat filed in Boole 55 of Plats
at Page 5081.
and
Parcel B as delineated on Plat Map of Survey #1602 Boole G Pages 1627 and
1628 recorded March 21] 1990 as Instrument No. 9014498] records of Ada
County, Idaho, being a portion of the North Half of Section 13, Township 3
North, Range I West, of Boise Meridian in Ada County, Idaho.
12. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCI<NER/ CUP-OO-OlO
(
governmental subdivisions providing services in the City of Meridian planning
jurisdiction] as herein provided for in the conditions of approval, public facilities and
services required by the proposed developlnent will not impose expense upon the
public if the conditions of development, as set forth in the Decision and Order l1umber
2, are found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property within
the planning jurisdiction of the City of Meridian.
13. The use proposed within the subject application will in fact] C011stitute a
conditional use as detennined by Council action and City Ordinance.
14. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2] a11d will be
designed, constructed] operated and maintained to be harmonious and appropriate in
appearance or intended character of the ge11eral vicinity and that such use will not
change the intended essential character of the same area.
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection] drainage structures] refuse disposal, water and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCI<NER/ CUP-OO-GIG
(
\
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. The use proposed within the subject application will not involve
uses, activities, processes] materials, equipment and conditions of operation that will be
detrimental to any persons] property or the general welfare by reason of excessive
production of traffic] noise] smol<e] fumes, glare or odors.
19. Sufficient parl<ing for the proposed use of the property will be
provided.
20. The use will not result in the destruction, loss or daInage of natural
or scenic features of Inajar importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and this does Order that:
1. That the Applicant/Owner of the property, is granted a conditiol1al use
permit for the proposed application request of a conditional use permit for the
construction, development, maintenance and use for an 1,800 sq. ft. home office that
will be used as an office space, and described in the PLOT PLAN, attached
hereto as Exhibit "A", for the development of the aforementioned project, and which
property is described as:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & J 0 D Y B UCI<NER / CUP -00-010
That portion of the Northwest Quarter of the Northwest Quarter of Section 13,
Township 3 North, Range I West] Boise Meridian, Ada County, Idaho, lying
south ofPranldin Road] east of Linder Road, North of West Barrett Drive] west
of West Crest Wood Drive, and west of Lot 14 in Blocl( 3 of Crest Wood
Estates Subdivision No.3, according to the official Plat filed in Bool( 55 of Plats
at Page 5081.
and
Parcel B as delilleated on Plat Map of Survey #1602 Book G Pages 1627 and
1628 recorded March 21] 1990 as Instrument No. 9014498, records of Ada
County, Idaho, being a portion of the North Half of Section 13, Township 3
North, Range 1 West, of Boise Meridian in Ada County, Idaho.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the recommendations of the Planning and Zoning and Engineering Staff as
follows:
2.1 Off-street parldng shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance and/or as detailed ill site-
specific requirements.
2.2 Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
2.3 A drainage plan designed by a State of Idaho licensed architect or
engineer shall be required and shall be submitted to the City Engineer for
all off-street parking areas. All site drainage shall be contained and
disposed of on-site.
2.4 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with City
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCI<NER/ CUP-OO-OIO
2.5 All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance.
2.6 Determine the seasonal high groundwater elevation] and subluit a profile
of the subsurface soil conditions as prepared by a soils scientist with the
design of site drainage plan.
2.7 Provide sidewallcs in accordance with City Ordinance.
2.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.9 The subject parcel is a remnant area created by an illegal lot split when
ACHD developed the large stormwater detention pond at the intersection
of Barrett and Linder Road.
2.10 Sanitary sewer and water service line are not existing to this site] however
main lines do exist in both of the frontage streets. Applicant shall be
required to extend service lines to the existing main lines.
2.11 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be responsible for the actual
physical connection of the existing building located within this
development, and shall be required to enter into an Assessment
Agreement with the City of Meridian. An assessment agreelnent is a
vehicle that protects the City of Meridian and the Developer in the event
that estimated assessments are not in line with actual usages. The
agreement provides for reimbursement to the developer for over payment
of assessments, and payment to the City of Meridian of any shortfall in
assessments. The overpayment/shortfall is determined after adequate
historical usage.
2.12 Underground pressurized irrigation shall be provided to all landscape
areas on site. Applicant shall submit hook-up and design details based on
the proposed landscaping
2.13 20-foot minimum landscape buffers are required along Barrett and
Crestwood Drive to screen the commercial parking area from surrounding
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCICNER/ CUP-OO-OIO
(
residences. Applicant shall be required to plant trees at a minimum of 15
feet on center for the small (Class 1) trees proposed on the site plan. If
larger (Class 2) trees are used, the spacing could be increased to 30 feet
o.c. Evergreen conifers (i.e. pine and spruce) are prohibited as street trees.
2.14 One (1) three-inch (3") caliper tree is required per 1]500 sq. ft. of asphalt
on the site as per City Ordinance. Based on the proposed site plan at least
4 of the trees provided must at least 3" caliper. The additional trees may
go down to 2" caliper minimum.
2.15 The required landscape buffer is not to contain open gravel stormwater
detention areas. Underground absorption areas shall be designed to
accommodate all of the required trees or they must be relocated to
another area on site.
2.16 The surrounding buffers and setbacks shall be turf as shown on the site
plan and shall not be gravel] rock, or paved areas.
2.1 7 Coordinate screened trash enclosure location and construction
requirements with Sanitary Service Company and provide a letter of
approval from their office to Planning & Zoning when applyi11g for a
Certificate of Zoning Compliance. All trash areas are to be e11closed by a
screening fence on at least three (3) sides.
2.18 Handicap parking, associated signage and building construction shall
meet the requirements of the Alnericans with Disabilities Act. Applicant
shall explain the location of the handicapped parking stall i11 relation to
the main entrance. All stalls shall meet minimum dimension standards,
signage, and striping as per ADA.
2.19 No freestanding signs are being proposed and none are approved for this
CUP. Any future freestanding signs shall be considered a modification of
this CUP. Only wall signs shall be pennitted and shall be subject to
design review and require separate permits. Any temporary or A-frame
signs shall be prohibited as a condition of approval, and shall be removed
upon 3 days notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCI<NER/ CUP-OO-OIO
2.20 City Ordinance requires driveways to be a minimum of 25 feet. All
standard parldng stalls shall be a minimum of 9x19 as per city ordinance.
2.21 All tenants of the building shall be professional office uses or as otherwise
permitted in the Zoning Schedule of Use Control.
2.22 No outdoor storage is permitted anywhere on the lot (i.e. behind the
building). No portion of the lot shall be used as a contractors yard.
2.23 The building should be repainted from the existing blue shades to another
color more compatible with the residential uses (i.e. soft earth tones) and
to update the appearance of the building.
2.24 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. Transfer of the conditional use permit shall be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
Adopt the Recommendation of the Meridian Fire Department as follows:
2.25 All codes shall have to be met.
Adopt the Recommendations of Sanitary Services as follows:
2.26 The location of the trash enclosure is approved but it needs to be a
minimum of 10' x 10' to avoid damage to enclosure.
Adopt the Recommendations of the Central District Health Department as follows:
2.27 The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
2.28 Run-off is not to create a mosquito breeding problem.
2.29 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCICNER/ CUP-OO-OIO
(
2.30 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Ada County Highway District as follows:
2.31 Construct a 5 foot wide concrete sidewalk on Barrett Drive abutting the
parcel adjacent to the existing curb and gutter.
2.32 Construct a 5-foot wide concrete sidewalk on Crestwood Drive abutting
the parcel adjacent to the existing curb and gutter.
2.33 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.34 Construct a 24 to 30-foot wide driveway on Barrett Drive] located as
proposed, approximately 55-feet west of Crestwood Drive. Pave the
driveway its full required width and at least 30-feet beyond the edge of
pavement of Barrett Drive.
3. That the City Attorney draft an Order Granting Conditional Use Perluit in
accordance with this Decision, which shall be signed by the Mayor and City Clerl( and
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public W orl<.s Department and City Attorney and any
affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM &JODY BUCI<NER/ CUP-OO-OIO
NOTICE OF FINAL ACTION
Please tal(e notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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 the conditional use permit lnay 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.
2 /{/J
By action of the City Council at its regular meeting held on the - - day
/Plat'
ROLL CALL
of
, 2000.
COUNCILMAN ANDERSON
VOTED*'-'"
COUNCILMAN BIRD
VOTED~
COUNCILMAN deWEERD
VOTED*
COUNCILMAN McCANDLESS
VOTED ~CL--
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 of 15
USE PERMIT SUBJECT TO CONDITIONS / C.W. CONSTRUCTION/
WILLIAM & JODY BUCI<NER/ CUP-OO-OIO
MAYOR ROBERT D. CORRIE (TIE BREAI<ER)
[?- 2 -00
VOTED
DATED:
MOTION: APPROVED: {jJ;;;J
,
DISi\PP-ROVED:
Copy selVed upon Applicant] the Planning and Zoning Department, Public Works
Department and City Attorney.
By:
Dated:
5- j!--()O
mswZ:\Work\M\1V1eridian 15360M\C.W. Construction CN CUP\CUPFfClsOrdDec
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 of 15
USE PERMIT SUBJECT TO CONDITIONS / c.w. CONSTRUCTION/
WILLIAM & J 0 DY B UCI<NER / CUP-OO-O 10
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