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Home My WebLink About2000 02-01 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Li ve LEGAL DEPARTMENT (208) 288w2499 · Fax 288-250 I CITY COUNCIL MEMBERS Ron Anderson Kei th Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208).888-4433 · Fax (208) 887.;4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDlNG DEPARTMENT (208) 887-221 J · Fax 887.1297 PLANNING AND ZONING DEPARTMENT (208) "884-5533 · Fax 888-6854 NOTICE .OF PRE-COUNCIL MEET1NG NOTIC"E IS .HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items, which are on the regular scheduled City Council meeting. The public is welcome to attend. DATED this 26th day of January, 2000. SEJ\L "Y c'.L r5'-- ~ ~ ~0<{s ,cti 0 ~ ~;. <? ~ ~, 1S\ · ~~;- ..;.. I (' '-0'?- " /.-:. 0,' !~, t.Y '\ "" , : I,:;,.., , ~"'.l ~ ..: ; ", i '.'\ \ \ \ \ \ \ A. c. MERIDIAN CITY COUNCIL Agenda Tuesday, February 1,2000 @ 7:30 P.M. Roll call: City Council Chambers + Ron Anderson ~ Cherie McCandless o Tammy deWeerd =z::= Keith Bird L Mayor Robert Corrie Consent Aaenda B. Approve minutes of January 18,2000, Special Pre-Council meeting: ~/rvv~ Approve minutes of January 18, 2000, City Council meeting: U/! fhPV~ Dog License Agreement with The Pet Hospital: ~v-e Iv 10 C!- D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: ~~ fo / f1- E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Sews - ~st of Ten Mile and north of Ustick Road: a~ ~ /2.eJ~ H" Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: h-tove- -Iv 10 8 Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: tt-jJjJ~v-(..) Findings of Facts and Conclusions of Law: V AC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, at al - Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: 4j1p TPV~ Findings of Facts and Conclusions of Law: V AC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC - south of Cherry lane, west of Ten Mile on Gray Cloud Way: fa,~~? 2-/~--oo F. G. H. I. city Council Agenda - February 1, 2000 Page 1 J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexatio~ and zoning of 10 acres to L -0 for proposed Magic View Office Complex by W~ H~ Moore Company - Eagle Road and Magic View: '-laM ~-z 2-/5--tJO K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L-Q zone for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View. ftv~ ~ Z 2~/-~.-t9() L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit - Commercial subdivision mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: ~.~ tvJ-hl Z..-17-&0 M. Approve bills: orl'hP~ Reaular Aaenda 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: '- IlL ~-<-- ~.If- ~~:I ~;~~I~~~~:~~:~~:~~a: a~d I~/ zoning to I-L for Ten Mile Mini Storage by Ed Sews - west of Ten Mile and north of Ustick Road: ~"f'r-o v~ 3. Ordinance No. f3 ~6 : AZ 99-020 Request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge Community, LLC - south of East Franklin Road and east of South Locust Grove Road: at I'rD &r~ 4. Ordinance No. f} 5" 7 : AZ 99-024 Request for annexation and zoning of 20~05 acres to I-L by Albertson's, Inc. - east of Eagle Roadl north of the railroad tracks and south of Settler's Canal: ~ v~ 7. Continued Public Hearing from 01/18/2000: AZ 99-019 Request for annexation and zoning of 4_34 acres from C-2 and R-8 to C-G (Walgreen's) by Hawkins Smith Management, Inc~ - NW corner of Fairviewand Locust Grove: ~ ~ (~ a~fj- fp r~~-,-II;:: (& ~ Continued Pu6lic Hearing from 01/18/2000: CUP 99-034 Request for a conditional use permit to construct a single-tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. - NW comer of Fairview and Locust Grove: c:t-/frvn.e/J Iv }h-ejJ~/'/rf :I t/L Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: ~-I-/~ ;J /4 h :J--7-()O 5. 6. City Council Agenda - February 1. 2OCX) Page 2 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction - Lot 3, Block 2J Railside Park Subdivision: ~v<- 9. FP 00-002 Request for final plat of 21.68 acres for Celebration Estates by Mike and Bonnie Rice p;~ 10. FP 00-003 Request for final plat of 7.84 acres for Gemtone No.4 by Thomas T. Wright at NE % Section 8, T3N, R1 E (\Alest of Hickory Avenue between Pine and State): ~ ~ 2. -15"' -OD 11. WaterlSewerffrash Delinquencies: ~~v.e- 12. Department Reports: A. Public Works: 1. Ustick Road Water Line Improvements Change Order No.3 aptJYbV'<- 2. Digester & Clarifier Facilities (Wastewater Plant) Change Order No. 1 ~V~ 3. Creason lateral Trunk Sewer Crossing license Agreement with .:tI: Nampa Meridian Irrigation District: t:l ?j7Y /) V..lt.- ;2eJ otah ~ B. Fire Department - Chief Kenny Bowers: 1. Idaho Power Easement Agreement at frontage of the new fire station 540 East Franklin: ~;?r,pv..e - /2e.J~~ IF 2. Change Order for work at the new fire station: .#3 4/ B.. l'b g (" Ck~ tfJfde-..- ::#4- ~ 9.:22.0$ 4--1 Accidenflnsurance for the volunteer firefighters: d/TCtlJruL. /0 8 /tJ C r!Ft elL (J/Lah~1 c-u~ c;f'r~lVJ(. /2-2- ft-p'j t;~~ ~~-f- /l/froV'€. It.) / rp.e Jerflo.rp;l7vG ~:J /i1 jJ-t'"~ f~ kIAh '\nJ City Council Agenda - February 1, 200J Page 3 ( MERIDIAN CITY PRE-COUNCIL MEETING FEBRUARY 1. 2000 The Pre-Council meeting of the Meridian City Council was called to order at 6:45 p.m. on Tuesday, February 1, 2000 by Mayor Robert Corrie. Members present: McCandless. Robert Corrie, Keith Bird, Ron Anderson, Cherie Members absent: Tammy deWeerd. Others present: Shari Stiles, Ken Bowers, Bill Gordon, Bill Nichols, Will Berg. Corrie: Okay. I'll open the Meridian City Pre-Council meeting at 6:45, February 1, 2000. Council, questions in reference to the Consent Agenda? Item C. Dog License Agreement with The Pet Hospital: Bird: Mr. Mayor. On Item C, the dog license agreement, we've just been talking about it. I would like to see the Resolution changed for all these dog license agreements with the hospitals, the veterinarians and stuff, be changed by having the Police Chief or whoever makes up the agreement with and for them to have a standard form, but I want the Mayor to sign and the Clerk to attest, and I don't believe that it needs to come before the Council every time if that's agreeable with the other Council people. I think the Mayor should sign and the Clerk to attest on all our agreements. Anderson: I would agree with that. I really don't think it needs to tie up the Council time. Is that agreeable? When we get into regular business at the end, I'll just make a motion to do that, and that'll be official; is that right, Mayor? Corrie: That's correct. Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews - west of Ten Mile and north of Ustick Road: Item F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, ( Meridian City Pre-Council Meeting February 1, 2000 Page 2 Item H. Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Findings of Facts and Conclusions of Law: V AC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al - Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Bird: Okay. Items E, F, G and H; everything's fine, ready to go on that? All the Development Agreements and everything we need in there is in, signed and everything? Mr. Clerk? Anderson: I have a question on the one for Charles Crane, I guess it's F. I got this letter from Bill Gigray and he was asking for clarification about whether it should be R-2 or R-4, and it looks like the Findings of Fact reflect an R-4, so what is it? R-2 or R-4 or where are we going? Bird: The motion if you look to the minutes was made to R-4, and I made the motion. I usually read it off of here, so I probably - let's see where that's at. Yes. Right here on the public hearing, it was R-T to R-4 by Charles Crane. That's what the application was. Anderson: And in the attorney's letter, he had indicated that the recommendation from Planning and Zoning - I thought it was from staff, too, that it was R-2~ So I guess a question for Shari and Gary, was it R-2 or R-4 or did you guys have an opinion? Stiles: Mr. Mayor and Council, Councilman Anderson, the staff and the Planning and Zoning Commission has recommended the R-2 because it was in an area which was mostly the rural residential, and since it's adjacent to the Wastewater Treatment Plant, we didn't want to see 10 housing units be approved in there. With the R-2, we just basically stuck with the single lot split which was what he was requesting annexation for. Bird: So we need to change that back to an R-2? Corrie: R-2 is stated in the Findings of Facts. Bird: Yes, I know that. So we can do that and still pass it with Consent. I think Mr. Crane understood it was an R-2? Corrie: And for a one-time split? Bird: Yes. { \ Meridian City Pre-Council Meeting February 1, 2000 Page 3 Nichols: Mr. Mayor. Mayor and Council, I would recommend that if you're going to change the motion since it was a motion for an R-4 that you pull this off of the Consent Agenda, put it on the regular agenda and go ahead and make a formal motion to adopt those Findings of Fact from an R-2 to an - excuse me. Clarifying the error and what your intent was so that we could have a clear record with regard to the adoption. Another point of error, Mr. Mayor and Council, if I may. Item 0 on the Consent Agenda. I'd request that that be pulled off and put on the Regular Agenda as the first item. JoAnne Butler is here on behalf of the applicant, or not the applicant. On behalf of Cherry Lane Recreation, Inc., and she can explain basically that they have one minor change to request in the three-party agreement which has been reviewed by Mr. Gigray and myself, and she can describe that change to you. Corrie: So pull D off and make it 1A? Nichols: Yes. I believe that 0 and 1 would be more or less the same. Bird: Okay. Where are we going to pull Crane to, Mayor? Should we put it down at 12 or 10B? Corrie: Yes. Bird: Everything's in order for Item G? H is okay. Item I we're pulling until the 15th; is that right? And J, K and L are all being pulled to the 15th. Is No. H okay, Mayor? Item H. Findings of Facts and Conclusions of Law: V AC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al - Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Anderson: On H, how did we end up on that? Did we find out if that's a public right-of-way? Corrie: Shari, do you know? Gary? Smith: Mr. Mayor, Council members, I don't remember exactly how that was left, but as far as the plat was concerned, it's an easement. I think Bill Gigray was going to try and research and see if over the years it had become a public right- of-way. I don't know how that came out. l' ( Meridian City Pre-Council Meeting February 1, 2000 Page 4 ( Anderson: That's how I remember it. He thought there as some kind of a statutory thing that said if you used it that way for so long that it became a public right-of-way or something, so I was just wondering how that ever got resolved. Smith: Yes. I have not - I don't know. Nichols: Mayor Corrie, Councilman Anderson, Council members, I think the analysis was something like this. Since that easement had been used even though it was designed for emergency-vehicle access had been used by the public for more than five years, it raised an issue of whether some sort of prescriptive easement applied, and was therefore something ACHD had some jurisdiction over. So the proposed Findings of Facts and Conclusions of Law with regard to vacating that easement basically direct those people to make sure that they do whatever they need to do, if anything, with ACHD to get that cleared up. As far as the City is concerned, we can go ahead and approve the vacation. We just don't want to give the impression that somehow everything is done when because of that public use there may be some extra steps that they may eventually need to do with ACHD. Corrie: Okay. So that'd be Item 8 then which is covered in 4, 5, 6, 7, 8. Okay. Anderson: I see (inaudible) Item have the applicants contact Ada County Highway District to determine the claim over the easement. So (inaudible). Item 7. Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Corrie: Did everybody get the letter on that fireworks ordinance (inaudible) company? What I'll do when we get to that one, I'll enter that as written testimony and it can be added to the evaluation when we adopt the ordinance (inaudible) staff comments. (inaudible discussion amongst Council members) Corrie: Is that correct, Bill? Nichols: Mayor Corrie, members of the Council, since this is a legislative matter, you can take testimony pertaining to the legislation or the written comments, and then you can debate those issues and adopt it or change it. We're not in the prime fireworks season, so if you need more time to look at it, why, you certainly have the luxury of doing that. Anderson: Would it behoove us and go ahead and take public testimony and enter this letter into the record, and then continue the public hearing so that we could get additional comments on it? (inaudible) re-open it? Meridian City Pre-Council Meetlrlg February 1, 2000 Page 5 Nichols: Councilman Anderson, Mayor, Council, yes. I think that probably would be a good approach. Also that gives the Fire Chief the opportunity to review this letter and then enter his comments at the next or the continuation of this public hearing on this just so we get a complete record. Item 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction - Lot 3, Block 2, Railside Park Subdivision: Bird: No.8, is that Santee (inaudible)? That No.8, is that up to snuff now? Corrie: I think so. Final plat - Gary, does Item 8, Santee Commercial Complex, is that ready to go? Smith: Mr. Mayor and Council, I believe it's okay as long as we're adhering to the comments of staff. I haven't heard otherwise from anybody. Corrie: Any other questions that the Council has on the agenda? Bird: I have none. Item 12. Department Reports: B. Fire Department - Chief Kenny Bowers: 3. Change Order No.4 for $922.00: Approve Anderson: Accident insurance on the volunteer firefighters. Corrie: (inaudible) took them over (inaudible) so we're looking to see if there's - one that they recommended and also another one (inaudible). There was two companies (inaudible) mentioned - coverage. (inaudible discussion) Anderson: Because this is kind of (inaudible) City and the Rural Fire Districts, and the agent who had sold the previous insurance came and made a presentation to rural commissioners, and they had approved that, and (inaudible) presentation to us (inaudible). Now) is there somebody else who's giving (inaudible). Corrie: (inaudible) Anderson: (inaudible) different, then we'd have to go back (inaudible). Meridian City Pre-Council Meetlllg February 11 2000 Page 6 Corrie: Making sure that everything's (inaudible). The old one that they had they couldn't (inaudible). Anything else? Okay. I'll entertain a motion to close the Council meeting until 7:30. Bird: So moved. Anderson: Second. MEETING ADJOURNED AT 7:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: f'lILLIAM G. BERG, JR., C MERIDIAN CITY COUNCIL Agenda Tuesday, February 1, 2000 @ 7:30 P.M. City Council Chambers Roll call: x Ron Anderson X Tammy deWeerd X ~ Mayor Robert Corrie Cherie McCandless Keith Bird Consent Aaenda A. Approve minutes of January 18, 2000, Special Pre-Council meeting: Approve B. Approve minutes of January 18, 2000, City Council meeting: Approve C. Dog License Agreement with The Pet Hospital: Move to 10C D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Move to 1 A E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Sews - west of Ten Mile and north of Ustick Road: Approve - Resolution No. 297 F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Move to 10B G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Approve H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al - Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Approve City Council Agenda - February 1, 2000 Page 1 ( I. Findings of Facts and Conclusions of Law: V AC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC - south of Cherry lane, west of Ten Mile on Gray Cloud Way: Table to February 15, 2000 meeting J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-O for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Table to February 15, 2000 meeting K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L-Q zone for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Table to February 15, 2000 meeting L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit - Commercial subdivision mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Table to February 15, 2000 meeting M. Approve bills: Approve Reaular Aaenda 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: 1A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Approve - Resolution No. 298 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to 1- L for Ten Mile Mini Storage by Ed Bews - west of Ten Mile and north of Ustick Road: Approve 3. Ordinance No. 856: AZ 99-020 Request for annexation and zoning of Parcel A to single-family residential and Parcel 8 to limited office by Woodbridge Community, LLC - south of East Franklin Road and east of South Locust Grove Road: Approve 4. Ordinance No. 857: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Approve City Council Agenda - February 1, 2000 Page 2 5. Continued Public Hearing from 01/18/2000: AZ 99-019 Request for annexation and zoning of 4.34 acres from C-2 and R-8 to C-G (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 6. Continued Public Hearing from 01/18/2000: CUP 99-034 Request for a conditional use permit to construct a single-tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 7. Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Continue public hearing to March 7, 2000 meeting 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial, Complex by Santee Construction - Lot 3, Block 2, Railside Park Subdivision: Approve 9. FP 00-002 Request for final plat of 21.68 acres for Celebration Estates by Mike and Bonnie Rice: Approve 10. FP 00-003 Request for final plat of 7.84 acres for Gemtone No. 4 by Thomas T. Wright at NE % Section 8, T3N, R1 E (west of Hickory Avenue between Pine and State): Table to February 15, 2000 meeting 108. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Approve 10C. Dog License Agreement with The Pet Hospital: Approve - Attorney to ~ present a Resolution 11. WaterlSewerlTrash Delinquencies: Approve 12. Department Reports: A. Public Works - Gary Smith: 1. Ustick Road Water Line Improvements Change Order NO.3: Approve 2. Digester & Clarifier Facilities (Wastewater Plant) Change Order No.1: Approve City Council Agenda - February 1, 2000 Page 3 (- ( 3. Creason Lateral Trunk Sewer Crossing License Agreement with Nampa Meridian Irrigation District: Approve - Resolution No. 299 B. Fire Department - Chief Kenny Bowers: 1. Idaho Power Easement Agreement at frontage of the new fire station 540 East Franklin: Approve - Resolution No. 300 2. Change Order No. 3 for work at the new fire station of $418.16: Approve 3. Change Order No.4 for $922.00: Approve 4. Accident Insurance for the volunteer firefighters: Discussed City Council Agenda - February 1, 2000 Page 4 RESOLUTION NO 2Cfr BY: felftv ~ircC .. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "LICENSE AGREEMENT", DATED THE / S"""'j? DAY OF Hb}vuiVl. {Ii- , 2000, BY AND BETWEEN THE CITY OF MERIDIAN AND NAIVWA & MERIDIAN IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: \. .".. WHEREAS, it is in the best interests of the CITY OF MERIDIAN to enter into an agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT, denoted as "LICENSE AGREEMENT", a copy of which is attached hereto mar](ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]( are hereby authorized to enter into and on behalf of the CITY OF MERIDIAN that certain agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT, entitled "LICENSE AGREEMENT", RESOLUTION (CREASON LATERAL TRUNI( - PAGE 1 OF 2 SEWER CROSSING LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DIST. dated the /SP day of Ii 6ruCVL~ ,2000, by and between the City of Meridian and N ampa & Meridian Irr gation District, a copy of which is attached hereto rnar](ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ! Sf} day of R:6r~j ,2000. ~PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I-J.P day of ~6rucv(J4 ,2000. o t~ ATTEST: RESOLUTION (CREASON LATERAL TRUNI( - PAGE 2 OF 2 SEWER CROSSING LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DIST. ( ( ( ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, tIle lJndersigned, do l1ereby certify: 1. T11at I all1 tl1e dllly appoi11ted a11d elected ClerIc of the City of Meridiall, a duly incorporated City operati11g lll1der the laws of the State of Ida11o, "vitIl its pri11cipal office at 33 East Idaho, Meridia11, Idal1o. 2. That as the City ClerIc of this City, I aln the Cll?todia11 of its records a11d minutes and do hereby certify that on the / S-p day of /i!.6/~ ,2000, the following action has been taken and allt110rize . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "LICENSE AGREEMENT", DATED THE /Sf DAY OF Fe6ru..~~ ,2000, BY AND BETWEEN THE CITY OF MERIDIAN AND AMPA & MERIDIAN IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the CITY OF MERIDIAN to enter into an agreelnent with NAMPA & MERIDIAN IRRIGATION DISTRICT, denoted as "LICENSE AGREEMENT", a copy ofyvhich is attached hereto n1arlced as Exhibit "A" to this Resollltion, the reasons and allthority for which are as set forth i11 said Agreen1ent. CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follovvs: 1. The Mayor and CIerI, are hereby authorized to enter i11tO and 011 be11alf of the CITY OF MERIDIAN that certain agreeluent vvith NAN1PA & MERIDIAN IRRIGATION DISTRICT, entitled "LICENSE AGREEMENT", dated the IS}? day of -:e . , 2000, by and between the City of Meridia11 a11d N a111pa & Meridian Irri tion District, a copy of vvhich is attac11ed hereto 111arl(ed as Exhibit "A" to this Resollltion and to bind this City to its ter111S and c011ditions. \\'1,~r&ff'IIII' "",, Of ~/Jlf ,,\ -- . I,,I~ "\.~ ~, ~ ~..-: $~ () ~~ -7~ % I ,~o ~ ~ ~~. ~ E ~ SE~\L WILLIAl\1 G. BERG, ~ ~~ ....~& .0 j:ITY CLERI( ~"o ~~i 15\ · ~- g ~ ~, :t' "- STATE OF IDAHC3-{.I/ OO~t"'Ti . ~ ""..., f;, j~ ) ,\\\ IIJ11tM~~~\\\\ COlll1ty of Ada, (i On this ~-j- rebr-v..tlr~, in the year 2000, before me, ~ful. E a ~ , a Notary Public, appeared WILLIAM G. BERG, JR., 1<.novV11 or identified to me to be the City Clerl( of the City of Meridian, Idaho that execllted the said instrument, and aclmowledged to lue that he execllted the sal11e on behalf of the City of Meridian. ........ .. U-. ..~1' ~:.---9-d +. · ~....'" T ...;.~~ .~;~ 0 .AJ? ;~" .. .~/~ ~ \ . :~: *** \~~ -en' .>. . \ ' . . \ I ~ o \ / e .. \ , . +. <p)!",!J:JBL\c,~' 0 · . ~ ... ........ 0- ::'...,.~--- . ~~.~.l:!; oFlP ..+ -a.aO- n1sglZ:\ W ork\lVl\iVleridian 15360Ivl\Public W orks\RESOLUTION S\CertifClerkResCreasnLateral (SEAL) Nota blic for Idaho, i Commission Expires: 1/2f;!()O RESOLUTION (CREASON LATERAL TRUNI( - PAGE 2 OF 2 SEWER CROSSING LICENSE AGREEMENT WITH NAN1PA & MERIDIAN IRRIGATION DIST. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION) OF RANDY WARE FOR CITY WATER ) AND SEWER SERVICE OUTSIDE THE ) CITY LIMITS ) ) ) ) ) ) ORDER GRANTING APPLICATION TO PROVIDE CITY WATER AND SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE 99 9-1-16 AND 9-4-26] The above e11titled Inatter C0111il1g before the City Council 011 the 18th day of Ja11Llary, 2000, and Gary Smith, Public Worl<.s Director, and the Applical1t, Randy Ware, having appeared al1d the Council beil1g fully advised fil1ds a11d orders as follows: I. Randy D.. Ware and Elizabeth J. Ware, husba11d al1d wife, are the 0W11ers of the following described real property: Lot 13, Van Hess Subdivisio11, lyil1g i11 tl1e NE 1/4, Section 14, T.3N., R. 1W., B.M., Meridia11, Ada County, Idaho, herei11after referred to as "Subject Real Property". 2. "Subject Real Property" is outside of the City Lilnits of the City of Meridian. 3. Rarldy Ware l1as Inade applicatio11 for the provide11ce of City Water a11d Sewer to the "Subject Real Property". 4. The Public W orl(s Director has reviewed the circumstances prese11ted by tl1e applicatio11. The Public W orl<.s Director has included the effect the gra11ting of this application would have upon the ability of the Municipal Water and Sewer Systen1 to provide an acceptable level of service to developed parcels with existi11g service within the City limits, of which, there is no evidence there will be a11Y c0111prolnise of that service by the gra11ting of this application. 5. The Applica11t has agreed to all of the reqllired conditions of the provisio11 of the service as required in Meridial1 City Code ss 9-1-16 a11d 9-4-26. 6. UpOl1 recomlnendati011 of the Pllblic Worles Director, a11d C011sent of tl1e Applicant, it is found that it is reaso11able to include as an additional conditio11 of gra11ti11g this order that the Applica11t lual<.e imluediate applicatio11 for a11nexatio11 a11d z011ing of the "Subject Real Property". Also, as a C011ditio11 of the C011ti11l1ed providence of City Water and Sewer Service, the Applica11t!oW11ers of the "Subject Real Property" shall tal<.e no steps to ilnpede the annexatio11 process. DECISION AND ORDER Now, therefore, based upon the above a11d foregoi11g Order Gra11ti11g Applicatio11 to provide City Water a11d Sewer Service Outside t11e City Li111its, t11e City Council has hereby Ordered a11d t11is does Order that the City Water a11d Sewer Service be provided to the "Subject Real Property" subject to the following C011ditio11S: I. Prior to Service, as provided for il1 99 9-1-16 a11d 9-4-26, tl1e City l11ay provide service from the Municipal water a11d sewer system to individual properties that are partially or entirely outside the corporate liluits of the City. Each request for such service lnust be approved by the City Council and all regulations of these Chapters must be cOlnplied with by such special water and sewer users. The water a11d sewer user will be considered a special user as long as the property being served remail1S outside the corporate lilnits of the City. The special water and sewer user shall be charged an installation charge, connection charge a11d a Inonthly user charge wI1ich shall be tIle saIne as a user withi11 the City lilnits. The hool(up fees shall be double the fees charged a user within the City lilnits, which are provided for in the Agreement for the Exte11sion of Water and Sewer Service Outside the City Lilnits, however. 2. Prior to Service the Owners of the "Subject Real Property"111aI(e i11l111ediate applicatio11 for al111exation al1d z011ing of the" Sllbject Real Property", a11d as a condition of the continued providence of City Water and Sewer Service that tI1e Applicant and OWl1ers of the "Subject Real Property" tal(e 110 steps to impede the allnexation process. 3. That the City Attorney prepare and sublnit to the City Clerl( the Agreelnent for the Provision of Water a11d Sewer Service Outside the City Lilnits ordered herein. 4. The Mayor is herein authorized to SigI1 a11d the Clerl( to attest tIle Agreel1lent for the Provisiol1 of Water al1d Sewer Service Outside tIle City Lil11its prepared as provided in part 3 of tI1is Order without further actioll of t11e COUllCil. NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67 -6521 a11 affected perso11 is a perso11 who has an i11terest in real property which Inay be adversely affected by the issuance or de11ial of the annexation and zoning and who Inay within twe11ty-eight (28) days after the date of this decision a11d order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. L'f~ ;C ~ Dated this _ r day of /-;e6r~Ci./l-/f ,2000. · &4YJO" ~~, or Robert D. Corrie Copy served Up011 Applica11t, the Planning and Zoni11g Departlnent, Pllblic W or1(s Department and the City Attor11ey. ATIEST: By:4~~~~ City Clerl( "Y~ &_ ~ Q ,c,og ~> ;'o,~ uSr 15\ t ~.. $ msg/Z:\Work\M\Meridian 15360M\Ware Randy WaterSewerHoO;~~~1t . ,". ~~~OOkup ~/:. OU~'1J ~ 'l t \\' , 1I11 ; . '. Ot l, \ \' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J-U-B ENGINEERS FOR APPROVAL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.2, LOCATED AT LINDER ROAD SOUTH OF USTICI(, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. FP-99-033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This Inatter cOluing before the City Council for Final Plat approval pursuallt to Meridian City Code ~ 12-3-7 on December 21, 1999, and the Council findillg tllat the Administrative Review is complete wl1icl1 has included certai11 COlnments al1d conditions as stated in a letter to the Mayor and COUI1Cil from Sllari Stiles, Plall11ing and Zoning Administrator, and Bruce Frecldetoll, Assistant to City Engineer, listing 9 General Comments and 16 Site Specific Comments, which are herein fOUIld fair and reaso11able, and t11at Shari Stiles, Planni11g and ZOlling Adlninistratof, alld Gary Smith, City Engi11eer, commented at tIle hearing, and the Council having COllsidered the requirements of the preliminary plat the COU11Cil tal<.es the following actioll: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.2 (FP-99-033) - 1 ( IT IS HEREBY ORDERED THAT: 1. The Final Plat of "TURTLE CREEI( SUBDIVISION NO.2" as evide11ced in Plat bearing the job reference 11595FPl, 11/5/99, SHEET 1 OF 2, J-U-B ENGINEERS, INC., Consulting E11gineers, TURTLE CREEI(, LLC, Developer, is Conditionally Approved sllbject to those C011ditions of Staff comments as set forth in the Memorandum to the Mayor a11d City COllncil from Bruce Frecldeton, Assistant to the City E11gineer, and Shari Stiles, Pla11ning and Z011i11g Adluinistrator, dated December 15, 1999, listing 9 General Comments and 16 Site Specific Comments, a tnle a11d correct copy of which is attached hereto marl(ed Exhibit "A" and by this refere11ce i11corporated herein, with the additional requirements as follows, to-wit: 1.1 Fire Chief, I(e11ny Bowers, requires that all roads and road 11alne signs need to be i11stalled before building is started. 1.2 Tl1e Central District Health Departme11t requires after writte11 approval from the appropriate entities are sublnitted, they ca11 approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Departme11t of Health and Welfare, Division of E11vironlnental Quality for central sewage and ce11tral water; tl1at ru11-off is not to create a mosqllito breeding probleln; and it is suggested that stormwater be pretreated ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.2 (FP-99-033) - 2 through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engi11eers and architects should obtain current best management practices for stormwater disposal and design a stormwater Ina11ageme11t systen1 that is preventing groundwater and sllrface water degradation. Manuals for guida11ce: 1.2.1 State of Idaho Catalog Of Stormwater Best Ma11agement Practices For Idaho Cities And Counties. Prepared by tl1e Idaho Division Of Environmental Quality, Jllly 1997. 1.2.2 Stormwater Best Management Practices Guideboolc. Prepared by City of Boise Public W orl,s Department, J anllary 1997. 2. The final plat upon which there is contained the Certification and sig11atllre of t11e City CIerI, a11d the City Engineer verifying that the plat meets t11e City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City E11gineer; and b. The City Engineer has verified that all off-site improvements are completed a11d!or the appropriate letter of credit or cash has bee11 issued guaranteei11g the completion of off-site a11d required 011-site improvelnents. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.2 (FP-99-033) - 3 By action of the City Council at its regular meeting held on December 21, 1999. By: BERT D. CORRIE ayor, City of Meridia11 Copy served Up011 Applicant, the Planning and Zoning Department and the Public W ork.5 Department. By:JI~~~?~ City Clerl( Dated: / 2- - 2/- f 1 msg\Z:\Work\M\Meridian 15360M\Turtle Creek No. 2\OrderFP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURTLE CREEI( SUBDIVISION NO.2 (FP-99-033) - 4 Mayor ROBERT D. ~ORRIE City Council rvlembers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY ( ( A Good Place to Li ve . CITY OF MERIDIAN 33 EAST IDAHO R IVIERIDIAN, IDAHO 83642 E C E fcl?S~. Fax (208) 887-4813 Cit)"ddi)ax (208) 888-4218 LEGAL DEPARTiY1ENT (20D) 288-2499 · Fax 288-2501 PUBLIC \VORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (2(8) 884-5533 · Faz 887-1297 ~:: ~ ! ~ :1~:) --_~ . ~ ;'41V-,.) CITY OF MERIDIAN MEMORANDUl\tITY CLERK OFFICE To: From: Re: December 15, 1999 Mayor and City Council Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, P &2 Administrator ~ Request for Final Plat Approval for Turtle Creek Subdivision No. 2 - 71 Buildable Lots on 21.23 Acres by Turtle Creek, L.L. C. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL INFORMATION This final plat generally conforms to the approved preliminary plat Sewer and water service to this site will be via mainline extensions of previously installed lines adjacent to this development. GENERAL REOUIRElvfENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with \Vritten confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 4. Sewer and water mains shall be extended to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. FP-99-033 T urtleCreek#2.FP .doc eX 17,'/;,'';: ''/I'' Mayor and City CounciI(.' December 15, 1999 Page 2 5. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 7. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Most of the street names shown are not approved. 8. Submit compaction test results to the Meridian Building Department for any lots receiving fill materiaL 9. If possible, please respond in writing to these comments and submit to the City Clerk's office by noon on Friday, December 17, 1999. SITE SPECIFIC REQUIREMENTS: 1. Applicant is to meet all terms and conditions of the approved preliminary plat. 2. Applicant shall be responsible to construct a six-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 3. Two-hundred-fifty-watt and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a detailed landscape plan for the common areas for review and approvaL A letter of credit or cash surety will be required for the improvements prior to signature on the fmal plat. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, road base approved by the Ada County Highway District, and perimeter fencing is to be in place prior to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 9. Modify or revise the following notes: 2. ...at the time of the re-subdivision; or ac allo\'vcd b)T conditional u~e. FP.99-032 TurtleCreek#2FP.doc GXh-,'b,l 'A'I I 1 Mayor and City Counci~,tC- December 15, 1999 Page 3 10. Please submit an additional copy of the signature page of the plat to the Public Works Department for review. 11. Add rear oflot designations to the following lots: Lot 1, Block 4; Lots 14, 16,20 and 26, Block 13; Lots 7 and 8, Block 12; and Lot 1, Block 15. These lots do not meet the minimum 80-foot frontage requirement on both sides. Reconfigure Lots 5 and 6, Block 17, so that Lot 6 meets the minimum 80-foot frontage requirement. 12. Add widths to all streets within the subdivision. 13. Graphically depict ten-foot-wide public utilities, drainage and irrigation easements adjacent to the northerly boundaries of Lots 3 and 6, Block 15; and Lot 2, Block 16; and the northeasterly boundary of Lot 6, Block 12. 14. Graphically show five-foot-wide easements for public utilities, drainage and irrigation along the easterly boundaries of Lot 2, Block 10; Lot 8, Block 11; Lot 6, Block 17; and Lot 1, Block 16. 15. Add information for line segment 45 to the Line Table. 16. A time extension was granted on May 5, 1998, which did not set a length of time extension as required by City Ordinance. Applicant shall meet development time requirements per City Ordinance and submit subsequent phases within one-year intervals. The final plat for Turtle Creek Subdivision No.2 shall be recorded in the Ada COWlty Recorder's office within one year from date of final plat approvaL FP-99-032 b~/;,/;,r 1'/1 II TurtleCreek#2.FP . doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MII<E AND BONNIE RICE FOR APPROVAL OF FINAL PLAT FOR CELEBRATION ESTATES LOCATED AT 3975 W. LAMONT AND W. OF BLACI( CAT AND SOUTH OF NOVA LANE, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OO-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter comillg before the City COUllCil for Final Plat approval pursuant to Meridiall City Code S 12-3-7 the 1st day of February, 2000, alld the Council filldillg tllat tIle Adlninistrative Review is complete which has iIlclllded certain comnlellts alld conditions as stated in a letter to the Mayor alld COUllCil from Shari Stiles, Plall11illg alld Zoning Administrator, and Bruce Frecldeton, Assistant to City Ellgineer, listillg 0 General Comments, 4 Meridian COlnprehellsive Plan Polices, alld 3 Site Specific Comlnents, which are 11erein fOUIld fair and reasonable, and tllat Shari Stiles, PlanniIlg alld Zonillg Administrator, commented at the hearillg, and the Council havillg considered the requiremellts of the prelimillary plat the COUI1Cil tal(es the following actioll: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "CELEBRATION ESTATES" as evidenced in Plat bearing tile job referellce 99-029-02, Slleet 1 of 2, stamped DEe 14 1999, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CELEBRATION ESTATES (FP-00-002) - I G:\CELEBRATION ESTATES \ENGINEERING \DRA WINGS\ CELEBRATIONPLAT.DWG 12-7-99, HUBBLE ENGINEERING, INC., Consulting Engineers, MICHAEL IC. RICE, Developer, is Conditiol1ally Approved subject to those conditions of Staff comments as set forth in t11e Memorandum to the Mayor al1d City Council from Bruce Frecldeto11, Assistant to the City El1gineer, and Sl1ari Stiles, Planning and Z011ing Administrator, dated January 25,2000, listing 0 Gel1eral Comments, 4 Meridian Comprel1ensive Plan Polices, al1d 3 Site Specific Comments, a tnle and correct copy of which is attached hereto marl~ed Exhibit "An al1d by this reference incorporated herein, with the additional requirel11e11ts as follows, to-wit: 1.1 The Council at its Febnlary I, 2000, meeting approved Staff cOffilnents dated Ja11uary 25, 2000, with the exceptiol1 of tl1e Ada COU11ty Highway District's Subdivisiol1 Evaluation Sheet COffil11e11ts of 1/6/00, il1 that, the followi11g streets are existi11g a11d the l1an1es shall appear on the plat: "W. LaMol1t Road" and "5. Nova Lal1e". There are no l1ew street l1ames proposed for this development. 1.2 Fire Chief, I(enny Bowers, requires that turn-aroul1ds will l1eed to be built. Homes will need to be built with fire spril1lder systelTIs. There ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CELEBRATION ESTATES (FP-OO-002) - 2 will be no "No Parldng" of vehicles, trailers, or farm equiplnent iI1 the turn-arounds. 1.3 The Water Department's only comment was that the City water is over two (2) miles away. 1.4 The Central District Healtl1 Department 110ted that they had signed the plat on December 22, 1999. 1.5 Nampa & Meridian Irrigation District noted tl1e fi11al plat was acceptable to the District. 2. The final plat upon which there is contained the Certification a11d sig11ature of the City ClerIc and the City E11gineer verifyi11g tl1at the plat meets t11e City's requiremel1ts shall be signed only at such time as: a. The Plat dime11sions are approved by the City E11gil1eer; al1d b. The City Engineer has verified that all off-site improvelnents are completed and/or tl1e appropriate letter of credit or cash has beel1 issued guaranteeing the cOlupletion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the / d9 day of nbruaA.j- By: ERT D. CORRIE Mayor, City of Meridia11 , 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CELEBRATION ESTATES (FP-OO-002) - 3 Copy served upon Applicant, the Plan11ing and Zoning Department a11d the Pllblic W ork..s Departn1ent. By: Dated: 2- 1- 00 ey\Z:\Work\M\Meridian 15360M\Mike & Bonnie Rice FP\FPOrder ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CELEBRATION ESTATES (FP-OO-002) - 4 ~'lay()r ROBERT D. CORRIE HUB OF TREASURE VALLEY ,/\. Good Place to Li ve ( CITY OF MERIDIAN LEGAL DEP:\RTIvlENT (20~) 28X-2.+9{) · Fax ~Rg-250 I City Council ivlcmbers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH B [RD 33 Er\ST IDAHO IVIERIDIAN~ IDAHO 83642 (208) 8R8-433 · Fax (208) 887-4813 City Clerk Fax (208) 388-4218 PUBLIC \VORKS BUILDING DEPARTivlENT (20X) X87 -2211 · Fax 887-1297 PLANNING AND ZONING DEPARTi\-lENT (20:-;) 88"+-5533. Faz 887-1297 MEMORANDUM: January 25~ 2000 To: Mayor and City Council Bruce Freckleton, Assistant to City Enginee~ Shari Stiles, P&Z Administrato~ RECEIVED JAN 2 6 2000 From: Citv of ~leridi3n Sit~. C1erk Officr: Re: Request for Final Plat for Celebration Estates - 4 Lots on 21.68 Acres by Michael K. and Bonnie Lee Rice We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This proposed development is being submitted for approval by the City of Meridian in accordance with Idaho Code Section 50-1306. Items which may be considered by the City include, but are not limited to, continuity of street pattern, street widths, integrity and continuity of utility systems and drainage provisions. The city's subdivision ordinance and/or comprehensive plan shall be used as guidelines for making the comments authorized by I.C. Section 50-1306. The property is located within the Meridian Area of City Impact, but outside of the Urban Service Planning Area, which means that municipal sewer and water services are not proposed to 'be extended to this property in the future. The property is in an area designated as AgriculturallRural Residential in the Meridian Comprehensive Plan. Policies that apply in this area are as follows: Land Use- 6.3 Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided. In regard to single-family dwelling on 5- or 10-acre tracts, the following shall apply: a~ Within the Area of City Impact but outside of the Urban Service Planning Area, one single- family residential building may be constructed on a 5- or 10-acre lot without municipal sewer and water services being provided if Central District Health Department approves private sewer and water service. Celebration Estates. F P . doc I , ~/" ~' 5'" ~; Mayor & Council January 25~ 2000 Page :2 6.4 Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density:- unless it is inside the Urban Service Planning Area and City sewer arid water is provided~ when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. Natural Resources and Hazardous Areas- 5.6 Septic or other approved individual on-site sewage disposal systems may be permitted in the rural areas outside the Meridian Urban Service Planning Area and within the Meridian Impact Area in accordance with permit requirements of Central District Health and in compliance with State and Federal water quality standards and regulations. 5.7 Runoff shall be controlled on site or integrated into a watershed plan in a manner to maintain natural runoff rates, reduce erosion and road hazards and to maintain the area's water quality and recharge capabilities. SITE SPECIFIC COMMENTS: 1. Although the Ada County Street Name Committee appears to have approved the street names as proposed, staff questions the desirability of naming the east-west portion of the private roadway the same name as the north-south portion of the roadway. Consideration should be given to calling the east-west portion something other than S. Nova Lane. Plat note nuniber 8 should be revised to reflect whatever is done with the street names as previously mentioned. ? 2. The Professional Land Surveyor preparing this plat shall affix his seal signature and date to the face of the plat, and the Certificate of Surveyor. 3. Please submit a copy of the plat second page for revie.w by the Public Works Department, as the submittal packet staff received did not contain one. CelebrationEstates. FP . doc BEFORE THE MERIDW 'l/! .~ ~ yVJ/VvV.JJ!/J IN THE MATTER OF THE APPLICATION OF SANTEE CONSTRUCTION FOR APPROVAL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX LOCATED ON LOT 3, BLOCI( 2, RAILSIDE PARl( SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OO-OOI ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City COU11Cil for Final Plat approval pursuant to Meridian City Code S 12-3-7 the 1st day of February, 2000, and the COU11Cil finding that the Administrative Review is complete whicl1 has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planl1i11g and Zoning Administrator, and Bruce Frecldeto11, Assista11t to City Engineer, listing 10 General Comments and 24 Site Specific COlnments, which are herein fou11d fair a11d reaso11able, and that Shari Stiles, Planni11g and Z011ing Admi11istrator, and Gary Smith, City Engil1eer, commented at the hearing, and the COllncil havil1g COl1sidered tl1e requirements of the preliminary plat the Council tal(es the following actio11: IT IS HEREBY ORDERED THAT: I. The Final Plat of "SANTEE COMMERCIAL SUBDIVISION" as evide11ced in Plat bearing the drawi11g 110. 996143PT, Sheet 1 of 2, Pi11nacle ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX (FP-OO-OOl) - 1 ( Engineers, Inc., Consulting Engineers, Santee Construction, Developer, is Conditionally Approved subject to those conditions of Staff commel1ts as set forth in the Memorandum to the Mayor and City Council from Bruce Frecldetol1, ABsistant to tl1e City Engineer, al1d Shari Stiles, Planni11g a11d Zoning Administrator, dated January 25, 2000, listing 6 General COlnme11ts and 12 Site Specific Comments, a true and correct copy of wl1ic11 is attached hereto marl(ed Exhibit "An and by this reference incorporated herei11, with the additional requirements as follows, to-wit: 1.1 That COU11Cil approved, at their February 1, 2000, meeti11g, the Staffs comme11ts of Ja11uary 25, 2000, with the exceptio11 tl1at under Site Specific Comments, number 24, that the applicant will be allowed to hool( to the City water system for irrigation purposes. 1.2 The Water Departlne11t's comment pertai11ed to Lots 2 and 3 of Blocl( 2 in which they share an 8" service with a 6" valve going to each lot and if this will Sllpply enough water for the development. 1.3 Sanitary Service requires that all solid waste enclosures will need to be at least 10 feet wide to allow access to the contai11ers. 1.4 The Central District Health Department gave approval for the fi11al plat on December 21, 1999, but requires that no lot size Inay reduced without prior approval of the Health Department authority. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX (FP-OO-OO 1) - 2 1.5 Nampa & Meridian Irrigation District noted that the final plat vvas acceptable if constructed according to the pla11s. 2. The final plat upon which there is contained the Certification a11d sig11atllre of t11e City ClerIc and the City Engi11eer verifyi11g that the plat meets the City's requirements shall be signed only at such tilne as: a. The Plat dimensions are approved by the City Engi11eer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has bee11 issued guaranteeing the completion of off-site a11d required on-site improvements. By action of the City Council at its regular meeting held on the / Sp day of Fe 6f-uCVi- t , 2000. By: ERT D. CORRIE ayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Pllblic W orlcs Department. Dated: 2-(-(){) - - By: City ClerIc msg\Z:\Work\M\Meridian 1 5360M\Santee Construction FP\FPOrder ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX (FP-OO-001) - 3 / rvlayor ROBERT D. CORRIE HUB OF TREASUR~- VALL~Y ( A Good Place to Live ( CITY OF MERIDIAN LEGAL DEPARTMENT (20S) 2X~-249C) · Fax 2R8-~50 I CHARLES ROUNTREE GLENN 8ENTLE~r" RON ANDERSON KEITH BIRD 33 EAST IDAHO lYIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 8R7 -4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDiNG DEPARTMENT l20X) RS7 -2211 · Fax 887-1297 City Council rvlcmbcrs PLANNING AND ZONING DEPARTMENT (20H) RS.+-5533 · Faz 887-1297 MEMORANDUM: January 25, 2000 From: Bruce Freckleton, Assistant to City Engine Shari Stiles, P&Z Administrator~C::: ~ RECEIVED JAN 2 6 2000 To: Mayor and City Council City of 1\1eridian City Clerk Offie.:-. Re: REQUEST FOR FINAL PLAT FOR "SANTEE C01vfIvJERCIAL SUBDIVISION" by Wes Worcester dba Santee Construction We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users associatio~ with written confirmation of said approval submitted to the Public Warks Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigatIon. 3. Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements and in accordance with .AJnericans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. FP-OO-OO I Santee. FP .doc Mayor & Council January 25, 2000 Page 2 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Please be prepared to respond to the each of the comments contained in this memorandum at the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Graphically depict the FEMA flood plain boundaries affecting this subdivision, and make reference to the panel number. Applicant shall be required to make application with the Meridian Building Department for development within a flood plain. 2. Please add or revise the following plat notes: (5.) All lots within this subdivision are subject to the terms of a conditional use permit as approved by the Meridian City Council on October 5, 1999. (7.) ...located on the east west side of this... (8.) Add "landscaping and parking" to the purpose of Lot 24, Block 1, and change from "homeowner's association" to a more applicable name, such as "business owner's association. " (11.) The owner of each lot across which passes an irrigation/drainage pipe or ditch, is responsible for the maintenance therof unless such responsibility is assumed by an irrigation/drainage district. (12.) The bottom elevation ofbuildingfootings shall be set a minimum of 12 inches above the highest established normal ground water elevation 3. Coordinate locations and construction requirements of trash enclosures with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 4. Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 5. All outdoor storage of equipment and material needs to be enclosed ~th a screening fence. 6. Provide handicapped accessible parking spaces and associated signage in accordance with the. Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 7. Change the plat date from 1999 to ''2000'' FP-OO...QO I Santee.FP . doc Mayor & Council January 25~ 2000 Page 3 8. Signage is limited to one low-profile monument sign per the approved conditional use permit All signage requires separate permits, subject to design review. 9. Landscaping and fencing shall be in accordance Vlith the plan submitted and approved as part of the conditional use permit A letter of credit or cash will be required for the improvements prior to signature on the final plat. 10. Permanent perimeter fencing is to be installed prior to applying for building permits. Coordinate details with City statE A letter of credit or cash for these improvements will be required prior to signature on the final plat. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 12. Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 13 . Water service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate routing with the Public Works Department. 14. All street signs, road base, street lights, pressurized irrigation syste~ domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 15. Verify approvals from Ada County Highway District and Meridian City-Rural Fire District for configuration of on-site driveways and turnarounds. 16. Assessment fees for water and sewer service are determined during the building plan review process. 17. Minimum front setback in an I-L zone is 35', as was shown on the approved preliminary plat. Revise plat to conform with approved preliminary plat. 18. The name of Santee Commercial Complex may be misleading to future buyers, as many commercial uses are not permitted within an I-L zone. 19. The City Council needs to review and approve the CC&R's submitted with the preliminary plat. Staffis concerned about the lack of detail in the CC&R's regarding responsibility for perimeter landscaping required as part of the CUP. These planting strips should be plainlycdelineated as the responsibility of the entire development, not individual lot owners, or the required planting areas should be excluded from the lots and included as common area within Lot 24, Block 1. FP~O-OO I Santee.FP . doc I ( Mayor & Council January 25~ 2000 Page 4 20. Please darken up the line work and text for the easements and adjacent lots .descriptio~ as they are very hard to read. Add "Unplatted" along the west boundary. 21. The Professional Land Surveyor preparing this plat shall affix his seal signature and date to the face of the plat, and the Certificate of Surveyor. 22. Show the distances of record for the "Basis of Bearing. " 23. Please submit a copy of the plat second page for review by the Public Works Department, as the submittal packet staff received did not contain one. 24. A pressurized irrigation system is required in this subdivision per Meridian City Ordinance. FP-OO-OO 1 Santee.FP .doc ( MERIDIAN CITY COUNCIL Agenda Tuesday, February 1,2000 @ 7:30 P.M. City Council Chambers Roll call: x Ron Anderson X Tammy deWeerd X -K- Mayor Robert Corrie Cherie McCandless Keith Bird Consent Agenda A. Approve minutes of January 18, 2000, Special Pre-Council meeting: Approve B. Approve minutes of January 18,2000, City Council meeting: Approve C. Dog License Agreement with The Pet Hospital: Move to 10C D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Move to 1A E. Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews - west of Ten Mile and north of Ustick Road: Approve - Resolution No. 297 F. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Move to 108 G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Approve H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al - Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Approve City Council Agenda - February 1, 2000 Page 1 ( I. Findings of Facts and Conclusions of Law: V AC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC - south of Cherry lane, west of Ten Mile on Gray Cloud Way: Table to February 15,2000 meeting J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-Q for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Table to February 15,2000 meeting K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L-Q zone for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Table to February 15, 2000 meeting L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit - Commercial subdivision mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Table to February 15,2000 meeting M. Approve bills: Approve Reaular Aaenda 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: 1A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Approve - Resolution No. 298 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to 1- L for Ten Mile Mini Storage by Ed Bews - west of Ten Mile and north of Ustick Road: Approve 3. Ordinance No. 856: AZ 99-020 Request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge Community, LLC - south of East Franklin Road and east of South Locust Grove Road: Approve 4. Ordinance No. 857: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Approve City Council Agenda - February 1J 2000 Page 2 5. Continued Public Hearing from 01/18/2000: AZ 99-019 Request for annexation and zoning of 4.34 acres from C-2 and R-8 to C-G (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 6. Continued Public Hearing from 01/18/2000: CUP 99-034 Request for a conditional use permit to construct a single-tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 7. Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Continue public hearing to March 7, 2000 meeting 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction - Lot 3, Block 2, Railside Park Subdivision: Approve 9. FP 00-002 Request for final plat of 21.68 acres for Celebration Estates by Mike and Bonnie Rice: Approve 10. FP 00-003 Request for final plat of 7.84 acres for Gemtone No.4 by Thomas T. Wright at NE % Section 8, T3N, R1 E (west of Hickory Avenue between Pine and State): Table to February 15, 2000 meeting 10B. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Approve 10C. Dog License Agreement with The Pet Hospital: Approve - Attorney to present a Resolution 11. WaterlSewerlTrash Delinquencies: Approve 12. Department Reports: A. Public Works - Gary Smith: 1. Ustick Road Water Line Improvements Change Order NO.3: Approve 2. Digester & Clarifier Facilities (Wastewater Plant) Change Order No.1: Approve City Council Agenda - February 1, 2000 Page 3 3. Creason Lateral Trunk Sewer Crossing License Agreement with Nampa Meridian Irrigation District: Approve - Resolution No. 299 B. Fire Department - Chief Kenny Bowers: 1. Idaho Power Easement Agreement at frontage of the new fire station 540 East Franklin: Approve - Resolution No. 300 2. Change Order No. 3 for work at the new fire station of $418.16: Approve 3. Change Order No.4 for $922.00: Approve 4. Accident Insurance for the volunteer firefighters: Discussed City Council Agenda - February 1, 2000 Page 4 Meridian City Council Meetina February 1, 2000 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron Anderson. Members absent: Tammy deWeerd. Others present: Gary Smith, Shari Stiles, Bill Gordon, Ken Bowers, Bill Nichols, Will Berg. Corrie: All right. I'll open the City Council meeting for February 1, 2000, at 7:30 p.m. I'll have roll-call first; Mr. Clerk. Thank you. Welcome everyone here this evening. It's nice to see the warm weather. In Washington D.C., it's cold and snowy and even the taxicab people didn't want to get out. Item A. Item B. Item C. Item D. Item E. Item F. Item G. Item H. Approve minutes of January 18, 2000, Sp,ecial Pre-Council meeting: Approve minutes of January 18, 2000, City Council meeting: Dog License Agreement with The Pet Hospital: Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Development Agreement: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Sews - west of Ten Mile and north of Ustick Road: Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20-foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al - Block 1, Lots 16 and 17 ,c. ( Meridian City Council Meetin-Q February 11 2000 Page 2 Item I. Item J. Item K. Item L. Item M. of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Findings of Facts and Conclusions of Law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC - south of Cherry lane, west of Ten Mile on Gray Cloud Way: Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L-O for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L-O zone for proposed Magic View Office Complex by W.H. Moore Company - Eagle Road and Magic View: Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit - Commercial subdivision mini-storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC - 1230 East Overland Road: Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 108, we need to discuss something on that; Items I, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items 0, F, I, J, K and L. Further discussion? I have ( Meridian City Council Meeting February 1,2000 Page 3 ( one thing, Mr. Bird. On Item C and the dog license agreement - do you want to - we don't need to pull it. We discussed it earlier. Bird: Are we going to take that - I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll-call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Gerry Mattison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an ( Meridian City Council Meeting February 11 2000 Page 4 amendment. If that happens, then, obviously, the permit would reflect that amendment. I think - not to put words into Mr. Mattison's mouth, the bank is in agreement with the slight modification. I would hope the City is, too. If so, we're asking that the City approve the agreement, and we'll get it signed and go on. Just on a practical note, if the Council does decide to approve the agreement as slightly amended, could you just explain to us the process: when does the City sign it? When should we come to pick it up to circulate it for signatures ourselves so that we could in turn get it back to the City? With that, if there are no questions or if there are any questions, I'll be glad to answer them and Gerry Mattison can as well if you have any. Bird: I have none. Corrie: Council, questions? McCandless: I have none. Anderson: Mr. Mayor, I have none. Corrie: I guess to answer your question, if the Council does approve the request for the agreement, I don't think (inaudible) problem as far as the City signing it; what is your time schedule, do you know how long it's going to be for the other two to sign? Butler: Unless the - we talked to the Bank's attorney. I think unless it has to go to the Bank outside of Meridian, and I'm not sure of that, but I think it could be signed within just a few days. Corrie: Okay. Council, do you have any problem with the addition of "as may be amended from time to time" on Item 2.1? Anderson: Mr. Mayor, I'd just like to ask our legal counsel whether that would be appropriate language or whether that would cause us any problems. Nichols: Councilman Anderson, Mayor and Council, the proposed amendment simply avoids the necessity of coming back with an addendum or an amendment to this agreement if you happen to grant an amendment to the conditional use permit. You're not obligated to, you're not presupposing the facts that are going to come before you on that amendment. It's just simply clean-up, if you will, that because there is a pending amendment to the CUP that you don't have to come back in and authorize the change to this agreement. As a further note, we can have this amended language and the agreement ready for pickup tomorrow if you so approve it. Corrie: Any other questions? f Meridian City Council Meeting February 1, 2000 Page 5 Bird: I have none. Item 1 A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Corrie: Okay. Item 1A which would be the agreement. If everyone is satisfied with the agreement as it's read with the addition of the words "as may be amended from time to time" in Condition 2.1, I'll entertain a motion. Bird: Mr. Mayor, I move that we approve the agreement with Cherry Lane Recreation, Inc., and the Idaho Independent Bank with the one addition on 2.1 under definitions, Page 3 at the end is "as may be amended from time to time" and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion is made by Mr. Bird, seconded by Mrs. McCandless to approve the agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., with the addition of definitions, Item 2.1, adding the words after CUP 99-009, "as may be amended from time to time." Is there any further discussion? Bird: I have none. McCandless: I have none. Corrie: Okay. With that, I'll take roll-call vote; Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Let's just hope that that takes care of this. We've been on this trail for a long time. Glad to see it's come to where it's at. Thank you, JoAnne~ We'll have that, like the attorney said, we'll have that tomorrow, and I'll sign it, and the bank can sign it, and the Clerk can sign it, and we'll be all set to go. Thank you for your time and patience. It's a long haul. Item 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews - west of Ten Mile and north of Ustick Road: Corrie: Item 2 is an Ordinance; request for annexation and zoning of I-L for Ten Mile Mini Storage by Ed Sews, west of Ten Mile and north of Ustick Road. At this time, I'll ask the City Clerk to read Ordinance - what Ordinance No. is it, Mr~ Clerk? ( Meridian City Council Meeting February 1, 2000 Page 6 ( Berg: Mr. Mayor, 855. Corrie: 855. Okay, if you'll read it by title only. Berg: Thank you, Mr. Mayor. Ordinance No. 855: An ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated light industrial district (I-L); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinances, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you, Mr. Clerk. Is there anyone from the audience that would like to have Ordinance No. 855 read in its entirety? Hearing none, Council, I'll entertain a motion on Ordinance No. 855. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 855, a request for annexation and zoning to I-L for Ten Mile Mini Storage by Ed Bews with suspension of the rules. Bird: Second. Corrie: Motion made and seconded to approve Ordinance No. 855 with a suspension of rules. Any further discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Ordinance No. 856: AZ 99-020 Request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge Community, LLC - south of East Franklin Road and east of South Locust Grove Road: Corrie: Item No. 3 is Ordinance No. 856, request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge ( Meridian City Council Meeting February 1, 2000 Page 7 Community, LLC, south of East Franklin Road and east of South Locust Grove Road. Mr. Clerk, will you read Ordinance No. 856 by title only. Berg: Thank you, Mr. Mayor. Ordinance No. 856: An Ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated for Parcel A low-density residential district (R-4) and Parcel B office district (L-O); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinance, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you. Is there anyone from the audience that would like to have Ordinance No. 856 read in its entirety? Hearing none, Council, I'll entertain a motion for Ordinance No. 856. Bird: Mr. Mayor, I move that we pass Ordinance No. 856, request for annexation and zoning of Parcel A to single-family residential and Parcel B to limited office by Woodbridge Community, LLC, south of East Franklin Road and east of South Locust Grove Road with a suspension of rules. McCandless: I second. Corrie: Motion is made and seconded to approve Ordinance No. 856 with suspension of rules. Any further discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Ordinance No. 857: AZ 99-024 Request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc. - east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Corrie: Item No. 84 is Ordinance No. 857, request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc., east of Eagle Road, north of the railroad (' Meridian City Council Meeting February 1, 2000 Page 8 tracks and south of Settler's Canal. Mr. Clerk, if you will read Ordinance No. 857 by title only, please. Berg: Thank you, Mr. Mayor. Ordinance No. 857: An Ordinance finding that certain lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated light industrial district (I-L); and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho; repealing all Ordinance, Resolutions, Orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 53-2215. Corrie: Thank you. Is there anyone from the audience that would like to have Ordinance No. 857 read in its entirety? Yes. Corrie: All right. Mr. Nichols, if you would please do us the honor, please. Nichols: (Read Ordinance No. 857 in its entirety) Corrie: Okay. Council, you heard the reading of Ordinance No. 857. I'll entertain a motion on the Ordinance No. 857. Anderson: Mr. Mayor, I would make a motion that we approve Ordinance No. 857, a request for annexation and zoning of 20.05 acres to I-L by Albertson's, Inc., with suspension of the rules. Bird: Second. Corrie: Motion's made and seconded to approve Ordinance No. 857 from this reading and the Ordinance with the suspension of rules. Any further discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT ( Meridian City Council Meeting February 11 2000 Page 9 ( Item 5. Continued Public Hearing from 01/18/2000: AZ 99-019 Request for annexation and zoning of 4.34 acres from C-2 and R-8 to C-G (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Corrie: Item No. 5 is a continued public hearing from January 18, 2000, request for annexation and zoning of 4.34 acres from C-2 and R-8 to C-G, Walgreen's, by Hawkins Smith Management, Inc., northwest corner of Fairview and Locust Grove. At this time, I'll continue the public hearing and invite Staff to bring us up to speed on where we are. Shari. Stiles: Mr. Mayor and Council, this is for the property on the northwest corner of Locust Grove and Fairview Avenue. Hopefully you got a copy of the memo from Brad Hawkins-Clark. They just recently submitted a new site plan. The major difference in the site plan is that they have deleted the access onto Carol Street due to the concern of the neighbors of the adjacent Doris Subdivision. They also removed the parking along the north part of the property and some other stalls along the east part of the property. When they submitted this plan, we hadn't had a revised copy of the landscape plan. We have not reviewed that landscape plan and would not want them to consider this approval of what they've submitted for landscape plan. Hopefully you also have a copy of Brad Hawkins- Clark's memo of January 18, 2000, asking for some changes in the recommendations from Planning and Zoning Commission. They have always represented having another building on the lot. They did present elevations after they started the process and are asking for approval of that; however, this would only be approval for the Walgreen's drive-thru and another drive-thru is not permitted as part of this application. Ada County Highway District's recommendations were primarily based on that access to Carol Street if the applicant was proposing it. Staff still feels that in the future they probably will need an access there; the people from the subdivision may regret not being able to have that access through there, and maybe we could handle that as part of 8, maybe putting a future cross-access easement in there to give them the opportunity to access through Carol Street should the residents decide we need to have that. Other than that, Staff has no further comment on this, and I'm sure there's a few people here on this project tonight. Corrie: Comments for Staff? Bird: Mr. Mayor, Shari, just for the record, the new plat is dated 1/24/00, revised? It's received 2Stli, but the actual revised date down on the (inaudible) drawing is 1/24/00, revised. I just want it for the records for the attorney. Stiles: Actually, they don't have a revision date on what they've submitted. Bird: If you've got one like me, they do. ( Meridian City Council Meeting February 1, 2000 Page 10 ( Stiles: That's the landscape plan, and that's what we're saying we're not (inaudible). Yes. That would be - on the left-hand side at the very bottom, it apparently was platted out on 1/24/00. Bird: Revised. Thanks, Shari. I have no more. Corrie: Any other questions from Council? Anderson: Mr. Mayor, on that access there on Locust Grove, Shari, is that a right-turn only as you're exiting the parking lot, or can you go both ways on that? Stiles: I believe it's right-in, right-out only. Anderson: That probably should be that way because otherwise, you'll have people pulling out of Fred Meyer and when that road does eventually get approved, they're going to be running into one another in the center turn-lane. Stiles: Of course, you're going to find people trying to go that way, but I think when they rebuild that, the median, I believe, will extend down in front of that driveway. Anderson: That will be good. Bird: Mr. Mayor. Shari, is that existing cut the existing cut they've got now or is that moved down the road from the existing cut into the building that sits on the corner now? Stiles: I don't believe they even have a regular cut. Bird: They've got an entryway into it. Stiles: Whether that aligns, I don't think it does. I think it's a little further north. Bird: That's what I thought. Okay. Stiles: Gary Smith also has some recommendations. I didn't know if you wanted to say anything about them. It was based on the recommendations to City Council from the Planning and Zoning as a way of clarifying maybe what some of these items were. I didn't feel out my little position statement today, but - Gary, do you want me to go through these items? Hopefully you all have a copy of the recommendations to the City Council. Corrie: This is the revision of 10/07/99 staff report? Is that what you're talking about? ( 1. Meridian City Council Meeting February 1, 2000 Page 11 Stiles: This would be what the attorney prepared dated December 23rd. I don't know how important this is, if new Findings are going to need to be prepared, and maybe we can address those in the Findings that it was basically clarifications on how some of these recommendations were worded. Do any of you have this? Can I enter it into the record by giving it to the Clerk, or do you want me to go through item by item? Nichols: Mr. Mayor, members of the Council, Director Stiles, it would a lot quicker, probably, if you have your comments noted on a copy to have a copy of that made and entered into the record, and then your comments are there or you can highlight your comments, but it would make preparation of the Findings much easier. Stiles: Okay. Like I say, these are Gary Smith's comments on those recommendations. The request that we had from the Planning and Zoning Commission were referenced in our memo of January 18, 2000. Corrie: All right. Since this is a public hearing, is the developer here? Okay. If you want to start, give your name and address. Boyle: Mayor and City Council, my name is Clint Boyle, 8645 West Franklin Road, Boise, Idaho, representing Hawkins Smith Developers. I just want to thank you for the opportunity for hearing this project tonight. I know Walgreen's is excited about this store and being in the City of Meridian. Just to quickly answer a couple of questions that were brought up for Shari. There will be a median constructed in Locust Grove as well as in Fairview. So, our access that is proposed on Locust Grove will be restricted to a right-in, right-out by that median that is in the center of the street. That is found, actually, in your packet, and it's in the annexation packet. It's ACHD's Facts and Findings, Page 6, states in there that Locust Grove, that to construct a six-inch raised median in the center of Locust Grove Road from a point 10 feet from the stop bar at the intersection of Fairview and Locust Grove to a point 50 feet north of the northern edge of our driveway. So it, basically what that means is we'll be constructing a median in the center of Locust Grove from the intersection 50 feet beyond our project access point. That will restrict that to a right-in, right-out. Currently, there is an existing access. That existing access is closer to the intersection than our access. That is currently a full access, unrestricted turn movements that access the existing commercial building. So, hopefully that clarifies a couple of those items. I just wanted to kind of paint the big picture here. Walgreen's is a neighborhood tenant, so as far as the development goes, they cater to a neighborhood setting, usually a one-mile, two-mile radius there is their pull area. So they're not a high-volume traffic generator. We think that this particular site cleans up that existing intersection with the access points that exist there. There's a couple of access points on Fairview. Those will be consolidated into one access that will be restricted to right-in, right-out. I'm just going to point out that location. There's two access points existing in this location that we will be / ( Meridian City Council Meeting February 1, 2000 Page 12 consolidating both of those. Currently they're full access. So we will be restricting access there, we will be pushing existing access that is on Locust Grove to the south further away from the intersection of Fairview and Locust Grove. So it cleans up the intersection. We're providing what we feel is some nice landscaping, better landscaping than is there currently, with this project. Hopefully through our meetings with the neighborhood and the Planning and Zoning Commission meetings that we've gone to, we've come up with an acceptable design. The design that you have in front of you tonight is a design that we submitted to the City. This is basically an outcome from the petitions from the neighborhood as well as in going through ACHD and through their comments regarding Carol Street. In order to meet the needs of the neighborhood and meet their concerns, we have closed off that access to Carol Street, and what we had to do was have our engineers design an access so that our truck could still get into the site, and that's - the truck will enter from Locust Grove, will basically be traveling south on Locust Grove, and as it turns into the site, it will travel back to the north and circle around the building to service the Walgreen's store. So we've made that - that is the biggest change from the site plan that's been in place is that we've just eliminated that Carol Street access point. As far as the landscape plan goes, we did submit a new landscape plan just today. That landscape plan, though, if you will note in your packets, there is an existing landscape plan, and I believe it is in the annexation packet that you have. These landscape plans match. The difference is that there is no longer a driveway onto Carol Street. So as far as having a different landscape plan or revise - the revision was that we lost the Carol Street access. So, if you look at those plans and the plan that you have in front of you, they should be very similar other than the Carol Street access has been removed. There are just a couple of points that I want to go over tonight. We agreed with the majority of the Staff's findings at this point. I think our site plan for the majority complies with the Staff's recommendations. The one point that we, I guess would disagree with the Staff on is the requirement that we provide a 35-foot landscape buffer along Fairview Avenue for the project. Originally, this project came in and we had it proposed with a 14-foot buffer along Fairview Avenue. Since that time, we have increased the buffer, it is now a 25-foot landscape buffer from our property line to the parking. So the landscaping along Fairview Avenue is 25 feet. We feel that is compatible with the surrounding uses. Fred Meyer has a little larger landscaping than that; however, they are a much larger retailer with a much larger parking lot than the Walgreen's store. We feel this is incompatible with such stores as the Hollywood Video that is kitty-corner across the street. Actually directly south of us, that particular development doesn't even have any landscaping at this point in time. We would petition the Council that you grant a deviation from the staff's recommendation of the 35-foot buffer and allow us to go with the 25-foot buffer along Fairview Avenue. Originally, when they made that recommendation, they stated that we could lose the parking along Fairview Avenue and still accommodate that landscaping. At this point in time, we wouldn't be able to do that because we had to lose some parking behind the store and along the northeast corner to accommodate getting our truck into the (~C Meridian City Council Meeting February 1, 2000 Page 13 ( site. It's basically a semi-truck, so to make that radius and get it in there, we had to lose some of those parking spaces so that we could negotiate through the site. That was a result of closing that Carol Street access. Outside of that, that is basically the only issue that we have as far as a site-plan issue. The other points that we'd like to bring out is the signage that we have proposed. We are proposing a signal pylon sign at the corner of, roughly, Fairview and Locust Grove. The proposed sign that we have is in your packet; it's 24-foot tall sign, 100 square feet in size, and that 100 square feet is the overall sign size. That includes the Walgreen's signage as well as the reader board, so it's 100 square feet total. We feel that is compatible with the signage that exists in the area; Fred Meyer has several signs in that location that are similar to this or even taller, and have a larger square footage than us. The existing 5ignage on the site is - on this particular site right now is much larger than what we're proposing, so this will be a substantial reduction from the signage that is being used by the commercial tenants currently. We would also ask that the existing chiropractor's sign which sits just to the west of our access on Fairview Avenue that that particular sign be allowed to remain for the signage for the multi-tenant retailer user that will be going in as part of this project. That particular sign, I do have some elevations of that, and I believe those are in your packet as well. I think we've got a picture of that sign in there. Another item that we would like to point out is on our hours of operation. As we've always stated, that will not be a 24-hour Walgreen's location; however, the Planning Commission picked some hours of operation for us, and the hours that they picked were from seven in the morning until ten at night. The Fred Meyers store across the street is open later than that, and they are one of our competitors, so I guess we would just petition to the Council that we're okay with the condition of not being a 24-hour store, but we would at least like to be allowed the same hours of operation as the Fred Meyers that is across the street from us. Then, finally, the final point that I'd like to bring out is the improvements along Locust Grove. There's been some discussion in the staff reports that have come out and our discussions with the City and ACHD, at this point in time, ACHD in their recommendations that you will find in your report, they state that we are just a bond (sic) for the sidewalk and they will be constructing Locust Grove within the next year to two years. Understandably, the Meridian staff would like to see those improvements occur faster than that. I guess that we're in somewhat of a Catch-22 there where we've got two different agencies giving us two different proposals of recommendations on how to proceed. ACHD being the authority in right-of-way, at this point in time they do not have the funds available to reimburse us for those improvements, so I guess we would petition the Council that we follow the ACHD recommendations along with Locust Grove - as far as Locust Grove improvements. So in a nutshell, what I propose tonight is that, again, the landscape buffer along Fairview be allowed to be the 25 feet as proposed on this site plan; that our signage be allowed to be 24 feet tall with 100 square feet as the maximum sign area; that our hours of operation be granted to be at least as late and as early as the Fred Meyers store across the street from us; that the ACHD recommendations for Locust Grove be the recommendations that were ( \. Meridian City Council Meeting- February 1, 2000 Page 14 adopted by the Council regarding this project. I think that pretty much wraps up the points that I would like to make. I appreciate your time in this. I think this is going to be a great project for us as well as for the City and I think the neighbors are pleased with what we've done here as well. Corrie: Questions from Council at this point? Mr. Anderson. Anderson: I had one on - you talked about the signage for the existing chiropractic building. Now, that's not shown on the plan you have here, but that's kind of in the middle of the parking lot in front of the future pad; is that correct? Boyle: It actually would be in the landscaping. My pointer here is -almost sitting right on the sign. Anderson: So would that existing building - how long is that going to stay there? Boyle: The existing chiropractor? Anderson: Yeah. Boyle: Will be removed as part of this project. As part of this project, what you will have is a multi-tenant retail user here, basically, just - I think you have the elevations. They've been submitted previously. It'll be a multi-tenant retailer and the Walgreen's store. The existing chiropractor - originally we had that proposed, there was some issues related to building code, removing some of the structures on it, and as part of this project, we decided to remove that building. So the chiropractor that exists will be removed. The signage, the pylon sign that is out by the street would then be used for the multi-tenant building. So the existing sign, the only thing that would change would be the sign copy itself on that sign. Anderson: My other question would be anybody coming to this from the western part of Meridian, how would they access this if they wouldn't be able to turn in on Locust Grove, and if they couldn't turn in on the second exit, they'd have to take this first entrance in? Boyle: What we will have is we will enter into a cross-access agreement with the Idaho Athletic Club, and the owner is here tonight if you have any questions of him regarding it. There will be cross-access between our site, this development and Idaho Athletic Club. The access that you see - *** End of Side 1 *** that is actually an existing driveway for Idaho Athletic would be an access point where those persons from Meridian that were in the western portion of the city ( Meridian City Council Meeting February 1, 2000 Page 15 (- traveling eastbound could access our site. That is a full, unrestricted access there. That would be our proposed location to get those customers into the site. Anderson: Then you're designing your building, the way you said you'd bring trucks in, it would have to come up through a residential area up there on Northview -- Locust Grove to get into that; is that correct? Boyle: The easiest route for a truck would be - wherever he's coming from, he would have to be traveling southbound on Locust Grove to access the site due to the restrictions with the right-in, right-out. We looked at a design of bringing the truck in at this access at Idaho Athletic, but just due to a semi-negotiating all the turns that it had to negotiate the site, it basically eliminated a substantial amount of parking to where we just couldn't get it to work with the parking due to the amount that we would have to take out a substantial area here for (inaudible) as well as almost quite a bit of parking in the front here and reduce these down. What we're dealing with is having a semi negotiate this site. When you get into the turns here, it was more parking than we could lose, basically, to get him in that way. The only option that we had at that time was the Locust Grove. That's correct. They'd travel southbound on Locust Grove to access the site. Anderson: One last question. I read in the comments here that this whole project is restricted to the one drive-thru, and are you guys okay and are you clear with that, because that future pad site looks to me like a prime location that someone's going to come in later and going to be asking for another drive-thru. Boyle: Yeah. At this point in time, if that's the will of the Council, that is fine. We'll abide by that. We would just like to know that with the drive-thru restriction that we will restrict it to only one drive-thru on the Walgreen's realizing that this Walgreen's stofe is a double-Ianed drive-thru. What I mean by that is it's just like a bank. There's an outer lane here where they've got the tube that runs down where you can pick up your - so, as long we're clear on that, yeah, that's fine. We will just keep one drive-thru for the Walgreen's building only. That's acceptable. Anderson: Do you know what Fred Meyers' hours of operation are that you are requesting to be the same as them? Boyle: There's probably people from the neighborhood that could answer that question better than me. I believe that on weekdays they're open until 11 :00. I don't know that for sure. Corrie: Any other questions? Okay. Thank you very much. Be ready to answer some questions that come up later. Anyone else from the public that would like to issue testimony at this time? State your name and address -- (- Meridian City Council Meeting February 1, 2000 Page 16 ( Jones: Jay Jones, I live at 1426 North Carol in Doris Sub. Mr. Mayor and Council members, there has been mixed feelings in our subdivision about this project from the very beginning, some, and I'm sure you'll hear testimony tonight that we would like this project not to be approved. There was some of us in the subdivision that had worked with Mr. Hawker early on and talked to him about this project. We felt that it is inevitable that something would go in on this corner, and if something goes in there, we might as well work with the tenant and maybe get some improvements that would enhance our subdivision rather than detract from the subdivision. What the - a couple things I'd like to make comment on are the landscape drawings that you received today. The revisions of 1/24. The original proposal that we received almost a year ago, complete with caliber bushes, caliber trees and everything on the northern side of that block wall on Carol Street. We'd ask that if this is approved that those be adopted to be completed as drawn on that particular drawing. As you can see, there's quite a bit of greenery there as well as the cross-section shows the sloping berm with a 7'6" wall. Originally, when they proposed this, they came to us for one reason only, and that was to gain commercial use of the two residential lots that they're deleting in this subdivision. In order to do so, they needed to get an approval of the subdivision - the restricted covenants that allowed a commercial use of those properties. That was granted upon no access to Carol Street. I don't know exactly what the rules are that the Councilor that they Mayor have in overriding subdivision covenants to annex two lots into - to annex it into the City as well as make it commercial, if it overrides the covenants, but that was one of the restrictions of the covenants that allowed that to go commercial was that no access be allowed to Carol Street. Couple requests that came up in the neighborhood meetings that haven't - I haven't heard addressed. One was that this block wall be maybe a little more decorative than plain cinder-block wall. A split course - you know, even just one down on the second course or some such thing. I don't know if you can require such a thing, but it would actually enhance it with very minimal cost to the developer. Also that when the Fred Meyers store went in, there was great opposition with the lighting, and it took them, I think, years to finally conform to what they agreed to for shading of the lights. Where I'm back far enough in the subdivision, I didn't notice the difference that it makes, but after that discussion, I took special note and the shading of the lights on any lighting that's directed towards our subdivision has actually made a big difference in how much light is cast into the subdivision for those neighbors that are nearby. As of those - those things I just talked about be a requirement prior to occupancy for this development. Also, a question for the Council, can there be any restrictions or guidelines be given to the developer that maybe this block wall and maybe this part of this landscaping be put in on the early stages of the project to combat some of the dust and debris that comes from construction site? You know, I don't know what a difference it makes, whether it's done - to them whether it's done the first day of the project or the last day of the project, but for the subdivision and neighbors nearby, it would be very helpful, I think, to cut down on the amount of impact if that was done in the early stages of the project. { Meridian City Council Meeting February 1, 2000 Page 17 (r Otherwise, you know, we've - there are some of us that have agreed to waive the commercial use of this property given those stipulations. Corrie: Thank you, Mr. Jones. Any comments from Council, questions? Bird: I have none. Corrie: Okay. Thank you. Anyone else? Woodall: Hello. Dan Woodall, 1950 West Carol Street, Doris Subdivision. I assume this project will go in. I'm opposed to it; I don't think it's a good idea. I can see from all the gyrations they had to go through to get the truck in and out and such that it's probably ill-conceived, but I'll assume that it's going in. What I'd like to address my comments to is conditions to be prescribed in the conditional use permit. I'm not sure what is quite in there, but if it's already in there, then great, thank you, I'm not going - perhaps you can consider it. In Section 2-14-C, Number 3, to be harmonious and appropriate with the neighboring residences, conditional uses can be prescribed with respect to the lighting and noise - Corrie: Is that on the conditional use permit? Woodall: No, I'm sorry. This is in your Zoning and Development Ordinance, City of Meridian. Thank you, Mr. Bird, for lending that to me so I can get the record straight. I'm concerned about the noise from the drive-up window and from neon signs that I've seen on other Walgreen's Drug Stores as well as the parking lot lights. I think that to meet this section of the zoning ordinance, prescriptions need to be made in the conditional use permit. Same section, 2-4-18-C, Number 4, to ensure the development will not be a disturbance to neighboring which is residential existing uses, conditions of use must be prescribed as to lighting and noise related signs, parking-lot noise, and such from the drive-thru. Same thing as - same concerns, different section (inaudible) other code that needs to be addressed. The next is the same section, number 7, to ensure development does not produce excessive glare, conditions need to be prescribed for the signs and lighting and hours of operation. 2-4-18-0 authorizes you to prescribe conditions of use for the Walgreen's Drug Store. I recommend the following conditions: illuminated signage facing adjacent residences should be extinguished between the hours of 10:00 p.m. and 7:00 a.m. to allow people to sleep without lights shining in their bedroom windows. To control the noise in the drive-thru window, the hours of operation of the drive-thru should be limited to the same - well, I put opposite, but from 7:00 a.m. to 10:00 p.m. they can be open, I think that would be fairly acceptable. To control glare from the parking lot lights, the lights should be installed to avoid directly illuminating a neighbor's window. As a note, Fred Meyers is not directly adjacent to residences, and so therefore, the comparison of hours of Fred Meyers, hours of Walgreen's doesn't really hold water. They - Walgreen's needs to be compatible with the I I, Meridian City Council Meeting February 1,2000 Page 18 ( residences that it's going to be directly next door to and across the street from where Fred Meyers is surrounded by commercial properties. Also, the pharmacy at Fred Meyers closes at 9:00. So, asking for additional hours for a pharmacy could be competitive with Fred Meyers doesn't make a lot of sense because by the time Walgreen's would close - at least their drive-thru would close at 10:00, Fred Meyers is already closed. I can give you copy of this (inaudible) hand- written. Thank you. Corrie: Thank you. Any comments? Questions? Bird: I have none. Anderson: I have none. Corrie: Thank you. Anyone else? McRoberts: Jennifer McRoberts, 1490 Carol Street, Doris Subdivision. Concerning the lighting, where they have vacated public parking in the rear of the building for access of their truck in this new design, I recommend that the lighting in the rear of the building only be lighting the driveway so it'd be on the building, you know, light standards or poles in the rear of the building because there would be no public back there other than the cars driving through, so they could just light - put the lights on the building. Corrie: Anyone else? Okay. The developer has a chance to answer any of the questions. Did we ever find out - do they close at 11 :OO? They do. Corrie: Okay. Thank you. Boyle: Just a couple of points that were brought out. Understandably, the neighborhood's concerned about the lighting. We certainly can work with them on that whether we shield the lights on the back side or whether we just illuminate that driveway. Mainly, we're just concerned about the truck visibility around that back side and safety on the back side of the building. Whatever we need to do if it's restricted to just some lights on the building that would light the driveway, that would be acceptable to us. We don't have a problem with that, or if the Council wishes, and we could put some poles in the back and have shields on them, we can live with that as well. We'll certainly work with whatever on the lighting. We certainly want lighting in that rear area for safety reasons and for the truck access. As far as the drive-thru goes, there was mention on the drive- thru about noise on the drive-thru, realizing that and not that it's a totally effective buffer, but we will have the block wall as well as having some pretty extensive landscaping along Carol Street. My guess is that the noise across Carol Street from the drive-thru is going to be very, very minimal if even audible at all. We've ( Meridian City Council Meeting February 1 t 2000 Page 19 ( got Evergreen trees along that back side there, so there's some pretty extensive buffering with the landscaping, with the block wall as far as cutting down on the noise from the drive-thru, and it's just a small speaker just like you'd have at a bank. As far as the signage was brought up about the signage, there will be no signage on the back side of the store. As far as any signage that would be pointing toward the residential, the back side, north side of the store will not have the large, Walgreen's illuminated scripts signage. The only signage that you will have around there is on the canopy. They have some small signage that just has drive-thru entrance and exit, and it points east-west on the canopy. So there isn't any illuminated script signage that says Walgreen's that is lit up on the back side of that building. As far as Fred Meyers' pharmacy closing at 9:00, that's fine. Walgreen's competes not only with the pharmacy at Fred Meyers, but for other goods as well, so again, it goes beyond just the pharmacy issue of having the pharmacies compete, but even further, they're into different goods. You can walk into a Walgreen's and have film developed or just pick up over-the-counter medicines, so there's a lot of other things that come into play where we are in competition with Fred Meyers. Hopefully that answered - I took notes and I hope I covered those. If I didn't, the Council can ask me some questions here, but again, we've been through a long process now with the City and we would certainly hope that the Council will come to a decision tonight on this for us so that we can move in whatever direction that we're requested to move in. Again, we're happy to present this project and think that it will be a benefit to the community. As far as commercial in the area, there is residential to the north of us across Carol Street just as Fred Meyers across Locust Grove, there is residential. We do have a residential home that is to the west of us, there's actually an existing pasture area between us and that home, so he even has some buffering. We've gone to some pretty extensive lengths to put in block walls to adequately landscape the buffers between the commercial and residential, and we'd hoped that the Council would view that favorably and view the project favorably, and we'd ask for your approval tonight. Corrie: Two things. We have to have your name again. I'm sorry, I didn't get it the first time. Boyle: I'm sorry about that. Clint Boyle, Hawkins Smith. Corrie: Okay. A couple of questions I have asked about the decorative block wall rather than just having a cinder block and also that it'd be put up first before the other - Boyle: The block wall, if the Council wishes to place that condition on us, we could do a decorative wall. You start getting into some of those, and it does add some expense, but if the Council feels that would be of benefit to the neighborhood, we can certainly do that. At least in the short-term, that block wall will probably be fairly visible to the neighborhood, but once the landscaping that we've got in there with the Evergreens and some of the other trees start getting / i Meridian City Council Meeting February 1, 2000 Page 20 more mature, there's not going to be a lot of that block wall that's going to be visible to the neighborhood. As far as the timing goes on it, again, our desire would be not to limit the timing on it. We've got a lot of things that we have to take care of on the site being that we've got some demolition work to do on it. We've got grading issues to bring it up to grade. The coordination on that, I'm not sure if the timing would be appropriate to put that block wall right at the first of the project or not. If it's the wish of the Council, then we'll certainly have to abide by that, but without going through and talking to our construction managers, I don't know how that's going to affect grading and drainage and whether or not we'll have to do some extra grading in there to put the block wall in before we demolish other buildings and grade the side. I don't know. Corrie: That was -- question from Council? McCandless: Mr. Mayor. Mr. Boyle, if there is problems with the drive-in window, and that's the pharmacy, correct, of staying awake or up very late, could you not close the drive-in earlier and still keep the pharmacy open on the inside of the store? Boyle: We could do that. That wouldn't be our desire. But we could do that. Walgreen's - the concept for Walgreen's, just like a lot of the businesses out there are convenience, and the drive-thru is kind of their cream-of-the-crop for convenience. If you're sick you don't have to go in the store, just pull in, get your prescription and go. So I know it wouldn't be Walgreen's wish to have that restricted, but if that's what it takes to get the project done, then we'll do it. McCandless: Well, I'm talking about say after 9:00. Boyle: Same point would apply. I can tell you that they wouldn't want to do that. If they had to, they probably would just because that's really the business that they're pushing for is that convenient, drive-up, get-your-prescription-and-go. The drive-thru window, just so you know, the drive-thru window - it isn't like a McDonald's where there's cars stacked there waiting to get through. So even after 9:00, I mean, you could probably - well, I don't have any numbers on it, but it's certainly less traffic that you'd have than going through a McDonald's or Burger King or some sort of fast-food restaurant, so it's not going to be something where you're going to have that drive-thru window constantly going. The people would probably hear the noise from Locust Grove more than they would ever hear the drive-thru window speaker going. Anderson: Does it have a speaker system or is it something where you'd phone ahead for a pharmacy and then you just pull up to the window? Boyle: You can do it either way. You can phone your prescriptions in. It does have a speaker just like a bank, it's got a little speaker on it so you can talk to them and say, I'm here to pick up my prescription. ( Meridian City Council Meeting February 1,2000 Page 21 Anderson: But there are no speakers strung all the way down the building. Boyle: No. Just right at the window. Just like you pull up at a bank and tell them, Clint Boyle here to pick up my prescription that I called in and they'll go grab your prescription and get you on your way. It's just one speaker at the window there. Corrie: Anything else, Mrs. McCandless? McCandless: Nothing else. Anderson: Between you and Cherie, you asked both the questions I was going to ask about the wall and the hours of operation. So I'm happy. Bird: Mr. Mayor. I've got a concern with the drive-up being in the back, we're trying to restrict lighting back there. You're going to stay open until dark. I would think that being into dispensing drugs and stuff back there that you would - is there a canopy over that drive-up? Boyle: That's correct. Bird: It's going to be well-lit, but it can be shaded? Boyle: Yeah. That canopy, lights in it are shining straight down off the canopy. So the lighting that we actually get back in this drive area would be something that on other projects, on some projects they have poles along the back that point back towards the drive, and on others they have them mounted right to the building with them pointing out into the driveway. Bird: I would think you want the - anytime you're dispensing drugs to have something through that with people in cars that you would want to - some fairly good lighting, I would believe, or at least wouldn't want a dark place back there for something to be picking up drugs and stuff, so that's a concern I've got. Boyle: And we certainly want to work with the neighborhood. We don't want lights in their windows anymore than they do. So we're certainly - could live with shading, shielding the lights, similar to what Fred Meyers has done. You know, if we did have pole lights along the back, that's fine. If we had them on the building, we could do everything possible to keep within that drive-thru area. You do have a fairly good distance before you get to the residential from the back of our store. You've got 20 feet of landscaping with a block wall and another 40 feet of street before you get into the front yard, so - yeah. We'll certainly, if you want lights shielded, we could certainly accommodate that. Bird: I just - my concern is that we have enough lighting back there for safety and not bother the neighbors, too, but I believe that you've got to have a certain I I Meridian City Council Meeting February 1,2000 Page 22 amount of lighting back there. The neighbors should realize that for safety reasons you're going to have to if you're dispensing after dark which you would be doing. Boyle: That's correct. Corrie: Any questions? Anderson: Mr. Mayor. I did think of one more question. Looking at that future pad site, and I'm kind of envisioning that there would be businesses that may go in there that could face to the north; is that correct? Towards Carol Street? Boyle: On this particular pad? I can tell you a tenant that will be in there right now. The chiropractor that sits out here in front. So the chiropractor will be moving into it, and an idea on this pad is that you would have four, maybe five bays that would extend from the front to the back. This area in the back is mainly going to be for employee uses. The design on this is that all the customers will be parking in this front area. They'll all be facing to the south as far as their main doors into the business, and then I'm sure that they'll end up with an employee entrance door on this back side, but that's the intent on that multi-tenant retail. Bird: You can guarantee us that there will be no store fronts on the north side? Boyle: I could do that. Sure. I mean, we can - Bird: I hate to do that. Boyle: We can place that as a condition. Bird: Okay (inaudible). Boyle: Yeah. Corrie: Questions? Bird: I have none. Boyle: Thank you very much. Corrie: Questions from staff? Anderson: Mr. Mayor. Questions of Shari, some of the exceptions that they're asking for; in signage, landscape buffer and hours of operation, your thoughts, please. ( Meridian City Council Meeting February 1, 2000 Page 23 ( Stiles: Well, we are trying to be consistent on the signage and have restricted new annexations and conditional use permits to a maximum of 72 square feet total height times width. We are going to have problems if we just arbitrarily set different conditions for each property that's annexed in the City. The landscaping, they could increase it on the second lot there because they are overparked according to the ordinance. Kitty-corner from this property, Hollywood Video does, I believe, have 25 feet. The reason that was 25 feet is that they were matching what D & B Supply had done when they came in. We have tried to be consistent on the 35-foot requirement. As far as the landscaping being -- the landscaping has changed from what they initially proposed particularly in regard to near that future padsite on the west side. They had previously shown some tree plantings in there and with the latest plan they've removed all those trees and only have bushes. So they do have the 7'6" wall and some bushes, but no trees. They have reduced the width of that planting strip. Other than that, still the comment about the Locust Grove sidewalk; I still believe that's very important. Every other subdivision that has come in on an arterial like that has been required to put in their sidewalk. I would hope with as many times as Ada County Highway District has set back the reconstruction of Locust Grove that they have a design in place that they can - that they pretty well know where that sidewalk needs to go. So, it's - the applicant has stated himself that this is a neighborhood store, and I think - I feel very strongly they need to get that sidewalk in there before they occupy the building. Anderson: Mr. Mayor, just a question of Shari or Gary. I would think that being this close to the project, when ACHD says they're going to do that in a year, it should be designed by now. Is it designed? So could the curb and sidewalk not be put in at this point since they already know the elevations for that? Smith: Mr. Mayor, Council members, Councilman Anderson, I believe the - well, I know the design for Locust Grove from Fairview to Ustick is complete. In that regard, the curb, gutter and sidewalk could be installed to those elevations as designed. Yes, you're correct. Corrie: I believe the comment was that ACHD had no money for that. I question th at. Bird: I do too. Corrie: We'll talk about that the 1 ih. Any other comments, questions that Council has? Anderson: I have one more question for our legal counsel. The question was brought up about subdivision CC & R's. How does that work in a case like this just for my own knowledge because I'm not sure if somebody sells the property and that, then do those CC & R's still apply or if it's replatted or how does that work? (- Meridian City Council Meeting February 1, 2000 Page 24 ( Nichols: Councilman Anderson, Mayor and Council members, the question - I didn't quite understand the CC & R point. Is part of this property part of that subdivision and therefore, subject to those CC & R's? Am I understanding that correctly? Anderson: That's how I (inaudible). Nichols: If those covenants are part of the property, then the only way that they can be removed is by an agreement, basically. Anderson: With the entire Homeowners Association? Nichols: The particular - typically, covenants have some sort of provision in them for the amendments changes to them and how they are to be made. So you'd have to look at each one of those individually. It looks like Director Stiles has some comments on that issue. Corrie: Ms. Stiles. Stiles: Mr. Mayor and Council, I'm not aware of the specifics of their covenants, but I don't believe that the City is bound by any of the conditions of their covenants. We do not enforce covenants, and if there were a problem, they would have to - the Homeowners Association would have to go through a civil procedure to enforce those covenants, but it wouldn't be done through the City. Corrie: I believe they worked that out from what I understand from the testimony. Okay. Any other questions? Bird: I have none. Anderson: I have no more. Corrie: )'11 entertain a motion, then to close the public hearing on Item No. 5 for annexation. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item 5, the annexation and zoning of Walgreen's. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Council. Meridian City Council Meetjn~ February 1, 2000 Page 25 ( Anderson: Mr. Mayor. (inaudible) I would make a motion that we approve the annexation and zoning of 4.34 acres from C-2 and R-8 to C-G for Walgreen's by Hawkins Smith Associates subject to staff comments with the following exceptions. I would move that we allow the 25-foot landscape buffer; I would also recommend that we stay with our current sign proposal and our current proposal for the hours of operation; and I would also include in that motion that the block wall that be built be built before the rest of the project gets started, I guess in the early phases, I'm not sure exactly how to word that, but before construction of the buildings, and that that be a decorative wall at least to the homeowners' side so that as the landscaping is completed or as it matures on the commercial side, at least they have something attractive to look at on the other side; and with the addition of the curb and sidewalk if that is designed at this point that they be required to put the street and sidewalk in at point of construction. Bird: Second. Corrie: Motion is made and seconded to approve the annexation of the Walgreen's stofe subject to staff comments with the exceptions of one, two, three, four, five - four, excuse me, exceptions that are stated by Mr. Anderson. Mr. Attorney, do you have all those down? Nichols: Mr. Mayor, if I could have a point of clarification. Councilman Anderson, with regard to the sign, are we talking about the 72-square-foot height, width recommendation or are we talking about a different recommendation with regard to the sign? Anderson: I would - I think there were two exceptions they were asking for. One was to keep the sign in front of the chiropractor and then to go to 100-foot sign, and I recommend that we stay with the 72-square-foot sign for them and that they be allowed to keep the existing sign at the chiropractic area - the chiropractic sign that's there now. Nichols: Thank you. Corrie: Motion has been made and seconded. Is there any further discussion? Bird: Mr. Mayor. One clarification on that block wall. You meant before they started on the actual building of the store. Their site and stuff has to be done before that block wall goes in, but you're just actually meaning that physical building of the store. Anderson: Yeah. Site work could be started, but construction of the buildings couldn't until the wall would be. { Meridian City Council Meeting February 1, 2000 Page 26 ( Bird: Okay. And what kind of decorative? There's a lot of decorative stuff, and you can make and get very expensive or you - if you do something like we did up at the baseball field, not very much more than regular block; it's just a split- face block. Anderson: I think just a split-face block would - maybe a row of colored block would be appropriate. Bird: Okay. That's all, Mayor. Corrie: Okay. With that addition, approve the second then? Bird: Yes. Corrie: Any other discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Anderson, aye; Mr. Bird, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Continued Public Hearing from 01/18/2000: CUP 99-034 Request for a conditional use permit to construct a single-tenant commercial building with a drive-thru window (Walgreen's) by Hawkins Smith Management, Inc. - NW corner of Fairview and Locust Grove: Corrie: All right, I'll open the continued public hearing on the CUP, request for conditional use permit to construct a single-tenant commercial building for the drive-thru window of Walgreen's, Item NO.6. At this point, I'll open the public hearing, and I will ask if people that made the comments in the early one wants to have the same comments inscribed into the Item No.6, we'll do so. Okay. Then I'll open the hearing and staff comments first. Stiles: Mr. Mayor, Council, I would just ask that the comments from the previous public hearing be incorporated into this public hearing. Corrie: Okay. Thank you. The developer. Do you have any more that you want to say on this one? Boyle: Just the same. Corrie: Okay. We'll enter that same testimony then on this one. Hearing that, I'll open the public hearing to anyone else who didn't testify before understanding that their testimony on the first one will be entered into as testimony on the second one. Mr. Jones. ( Meridian City Council Meeting- February 1,2000 Page 27 ( Jones: Jay Jones, 1426 North Carol. Mr. Mayor and Commissioner Bird, your comments regards to the entrances to this additional building are very valid and very concerned that there be no signage on the northern portion of that future pad site. I think that's very important that there's no elimination anyway. They have little doctor signs or whatever they have there, I think that would be appropriate, but I think the elimination on that side would definitely distract from the privacy of the neighborhood. The comments that I made earlier, also, if you would address the shades on the lights in this portion of the hearing. Thank you. Corrie: Anyone else like to issue testimony? Woodall: Hi. My name is Debbie Woodall, 1950 West Carol. The only comment I had was the developer commented several times about his trucks negotiating into the site in order to make deliveries. My main concern is that the hours of operation that those deliveries are going to be made if in a conditional use permit, those deliveries could be made at reasonable hours between the hours of, say, 8:00 and 6:00, 7:00. That subdivision does have a lot of children in it, and I just don't want to see trucks pulling in at 9:00 at night with there being - you know, they make a lot of noise any way you cut it, and I would really like them to be reasonable as when the deliveries are made. The other concern I have they are traveling down Locust Grove. With a big semi truck. Chief Joseph is very close to this site. School starts at 8:55. You have a ton of kids on that road not to mention school buses. We already have problems with the crossing guards at the stoplight of Chateau, I believe, this is what the street is, that Chief Joseph is on. I would really like to see, you know, if we could have those hours of deliveries after school starts and we know the kids aren't going to be out on that road. Kindergarten runs - they get out at noon. Some limitations because I'm concerned they are traveling down Locust Grove. Right now, it is just two lanes on - one going each way. There's not much room for kids, and I just would hate to see something happen to the kids. You we're putting some big trucks on that road now. It's hard for them to stop. That's my main concern. Corrie: Anyone else? Woodall: Dan Woodall, 1950 West Carol, Meridian, Idaho. In addition to my previous comments which I thank you for entering into this, I'd like to note that there is a lot of talk tonight about the residences way across the street. Yau should also note that there's a residence immediately north of that future pad site that's very close. I would like to have you in assure in the conditional use permit that illumination on that side of the parking lot and on that side of the future pad store also be restricted so as to not shine in their windows. Also, I don't know how many of you have been on Carol Street, but it makes kind of a pea-shape. It's a natural turnaround. I'm a little bit concerned that the delivery truck may be going up Locust turning into Locust Grove going up Carol Street and turning around in our subdivision to come back our onto Locust Grove and make his turn. I don't know if there's any restrictions you can put on truck access to ( Meridian City Council Meeting- February 1 J 2000 Page 28 residential areas for their deliveries, but that would be greatly appreciated if you could. Corrie: That would be part of ACHD's - Woodall: ACHD's - okay. Another thing, just a sanity check on microphone speakers and seven-foot walls. On a quiet Meridian night, you're going to be able to hear that quite a distance. The traffic quiets down, and you don't get the background noise, and you're going to be hearing, "Welcome to Walgreen's. Can I take your order?" not just across the street, but well into our subdivision. The - I would really implore you to keep restrictions on the hours of operation of the drive-thru so that we can sleep with our windows open at night and not have to listen to that. Thank you very much. Corrie: Thank you. Anyone else? Hearing none - Houghacre: Mr. Mayor and Council members, Brian Houghacre with Hawkins Smith, 845 West Franklin. I just have some comments that might help to clarify some of the questions that have come up and then I know Mr. Boyle has some other items. On the speaker issue, you know, we've built - are in the process of building three in the city of Boise. They've all had the same concerns, mostly because it is the neighborhood use - store - we're always around residential uses. We have worked with the City in doing some studies of the decibels of the speakers and so forth, and we have found with the manufacturer of the speaker that the decibels are at such a level that they are not to exceed from the site. Not going to say that you're never going to hear them from off our site, but you have to remember with prescriptions, it is a sensitive, personal issue. Walgreen's already takes that into consideration to try to minimize any of that personal information from getting out. So I just - I should have shared it earlier, but I thought that might help you. Corrie: Thank you. Boyle: Just one quick comment again. Clint Boyle, 8645 West Franklin Road, Hawkins Smith. As far as the truck deliveries go, the truck will only be delivering to the store when there are employees there. So if the store is restricted from 7:00 to 10:00, the truck will be there between 7:00 and 10:00 in the morning. As far as the truck goes itself, the deliveries to Walgreen's, it is a large truck that comes in and delivers. A typical Walgreen's store, that truck is there once a week, maybe twice a week. So this is not a truck - you could place a condition that it won't deliver every day. That would - Walgreen's - it wouldn't make a difference because the truck deliveries, and I"m talking their main truck deliveries they may get the Pepsi guy or Coca-Cola guy in there. I don't know what their schedule is with their smaller trucks, but as far as the large semi that services Walgreen's, it's typically a once- maybe twice-a-week delivery, so it's not something that they're going to have coming in there every day. Then, again, with the sound, Brian pretty much covered the sound as Walgreen's is sensitive ( Meridian City Council Meeting' February 1,2000 Page 29 to that. The other thing about is that if we are limited in our hours to the 7:00 to 1 0:00 at night, that seems to be a pretty reasonable time to be getting some noise from the street or just your typical background noise. Once the store is closed, it always is gone. If we are limited to the 10:00 in the evening from 10:00 on, there's no noise from speaker. So anyway, I just again would welcome your approval on the conditional use permit. Thank you. Bird: Mr. Mayor, I've got a question for him. Mr. Boyle, I've got a concern with your area - I don't know whether your bring in a 27 -footer or a 40-foot semi that comes in for Walgreen's. Safetywise, the way you've got the drive-up going, and I take it the drive-up will come out and come right down between the two - the future pad - *** End of Side 2 *** the back, travel to the south and then backs into this area. It's actually not a dock. It's all at-grade, and it's got a roll-up door that they lift up, and they've got a little conveyor. Bird: But then you're going to have - I realize that it isn't good for the subdivision to have them come in after hours, but safetywise, would your drive-up, I've got some real questions. I've also got some real questions how that guy's going to get out of there if he's got a 40-footer. 27 -footer would be no problem at all, but I guess you can hope somebody didn't park down there - are you going to just shoot straight out - Boyle: Straight through would be the intent, and then he'd have to turn right and get out traveling westbound on Fairview. Bird: But you're only 38 feet from that drive-up canopy to the landscaping. That's a pretty tight turn right there. I would guess that drive-up's probably, I don't know what kind of scale you've got there, but I'd imagine it's 30 or 40 feet back to the corner of the building where the drive-up is? That has nothing to do with a conditional use permit - Boyle: I can tell you Hubble Engineering that designed this, they've placed truck radiuses on and this store prototype has been designed and done all over the place. They've got them in Boise now. We've got them going up in Salt Lake, so Walgreen's is comfortable with getting their trucks around. Hubble Engineering, our engineer's comfortable with it. Bird: But is all your conditional use permits based on delivering during - between 7:00 and 10:00? None of it is done in the late night? { \ Meridian City Council Meeting February 11 2000 Page 30 ( Boyle: Depends on the store. We have some stores that are limited that aren't 25 hours, so it's during those hours of operation that we have some that are 24- hour stores that - Bird: They never receive any freight outside of store hours you're telling me? Boyle: What I'm telling you is they have to have employees there to unload the truck, so - Bird: Yeah, but you can unload - you can have somebody come in and unload at two, three o'clock in the morning if that's when the trucks are going to come in. Boyle: Typical retailer isn't going to call their employees in to unload a truck in the middle of the night. A typical retailer like this that's a small retailer - yeah. I don't know on that. I don't know. Again, if you want to restrict it - (inaudible) Bird: (inaudible) restrictions on that. So in case of the truck coming in at one, two o'clock in the morning and the manager and one of his employees come down there and do it, got a restriction, he's going to sit there until 7:00. On the same token, if we're going to be unloading drugs and stuff at night, then we get back to the issue of the lighting. I don't like the time restriction of when they can deliver and not. Boyle: Yeah. I guess that's the decision for the Council to make. My understanding on the deliveries is typically they're in the morning hours, seven, eight in the morning is what I've heard from the other stores. Corrie: Any other questions? Comments? Council? I take that back. Staff? Comments of Staff? Okay. Then I'll entertain a motion to close the public hearing on Item 6. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing on Item No.6 for the conditional use permit for Walgreen's. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Council, discussion, recommendations, Findings of Fact and Conclusions of Law and Decision of Order? Anderson: Mr. Mayor. I would make a motion that we approve the CUP for Walgreen's by Hawkins Smith Management and instruct counsel to draw up \ Meridian City Council Meeting February 1,2000 Page 31 Findings of Fact and Conclusions of Law with a favorable approval subject to staff comments with two additional items one being that there be no north-facing illuminated signs on the pad site as well as on the main store, and that all lighting be shrouded to direct light down and keep it out of the neighborhood to the north. Bird: Done? I'll second it. Corrie: Okay. Motion is made and seconded to have the attorney draw up the Findings of Fact and Conclusions of Law and Order staff recommendations and with the two additions that no north signage be on the buildings and also that lighting be directed down and out of the neighborhood. Anderson: One correction, Mr. Mayor. No north-illuminated sign. I don't mind if they have other signs. Corrie: Okay. Thank you. Bird: Mr. Mayor, I have one question to ask yet. Mr. Anderson, now on the lighting down, but you do mean enough lighting to make it safe back there, right? Anderson: Right. I just want it shrouded so that it won't be shining into the neighborhood. Corrie: Okay. Any further discussion? Hearing none, roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Public Hearing: Amendment of Fireworks Ordinance and adoption of new fees: Corrie: Item No. 7 is a public hearing. This is an amendment of the fireworks ordinance and adoption of new fees. I'll open the public hearing and invite staff's comments first. Chief. Bowers: Mayor Corrie and City Council members, I'll give you a little history on this ordinance. It's been on the books for many, many years. This ordinance also did not go too much in depth of how we were going to investigate people that have businesses that were setting fireworks off for shows. In the past, there has been a $10 fee for a fireworks permit which was taken out through the City Clerk's office. That was - the same permit was used for safe and sane fireworks or the fireworks that was put on by the big companies for the shows. A lot of the wordage in this new ordinance has come through Bill Gigray, our attorney, trying to help City Clerk Will Berg do his job on his side of it a little easier. As I said in the past, there's only a $10 fee for both. We would like to split that up in the fees; a $25 fee for permits for safe and sane fireworks, $125 for the fees for the I \ Meridian City Council Meeting February 1, 2000 Page 32 ( fireworks shows. By City Ordinance, we have to put this in front of the public when we do increase fees as you know. That's why we're bringing it before the public to get their opinions on it. Also, City Council's questions and opinions. I've talked to some very nice people the last two days. They've called me on this putting in their input on some of the wordage, the verbiage that we have in this. They're quite concerned on it because there are two other cities, or at least one other city that has the same verbiage as the wordage we put in here. It is not working in that city. I'm not sure if it's on the fireworks side or the City side. I'm not sure at this time. I did not get to investigate it any farther. There are a lot of new items and paragraphs that the attorney, like I said, had put in there. A lot of new liability insurance numbers that was in there. Liability of parents and guardians. The people that I've talked to in the last few days were not concerned at all with the fees, but it was just some of the wordage and the paragraphs that we had that they were very concerned about. This verbiage is coming from the State Fire Ordinance, also from Boise, Nampa and Caldwell. We kind of got it from all of them and kind of put it together. We would like to charge a $25 fee for permits, a $25 fee for investigation fee, and as has been in the past, a $50 clean-up fee. If they clean up the area by a certain time, the City reimburses their $50. On the fireworks that are shot off for shows, we're looking at $125 permit fee also with a $50 clean-up fee on it. Keith Bird and Ron Anderson and Mayor Corrie have seen part of this ordinance before. The two new ones, the new Council people have not. So I'm sure you will have questions on where we're heading and why we're doing this. I do notice we have quite a few people from the fireworks stands here, and that's great. We'll get some input from them too. Council have any questions of me at this time? Corrie: Thank you, Kenny. Council, we did get a letter from the R & S Marketing which is Golden Dragon Fireworks. Their proposed fireworks ordinance - gave us a lot of information about different things, and I would like to enter that as testimony, written testimony to be added to the public hearing. Hearing no objections, I'll order that be done. Thank you. Mr. Berg. Berg: Thank you, Mr. Mayor, members of the Council, just to continue on with some of the things that Chief Bowers has mentioned, one thing this new ordinance does allow is a sale for the New Years Celebration which in the past ordinance did not allow that. It also allows for other display permits to be issued for other special occasions. We're looking at some of the interests of the people that sell these fireworks and also keep in the interest of keeping the City safe, so there are some other things that were brought up into this ordinance. We are eager to listen to what the fireworks people have to say because this is what governs them, and we sure want to work and be cooperative with them. Some of the issues that we have heard over the years that I've been here for the last six years, some of these issues have been brought up into this ordinance. Not saying it's periect, but just to give you some background information. ( Meridian City Council Meeting February 1, 2000 Page 33 Corrie: Okay. Thank you. Being a public hearing, I'll invite the members of the public to come up. I might add that if any of you don't have a copy of this proposed draft ordinance, it's available from the City Clerk and you can look at that. I think we'll probably continue this public hearing again because there's going to be a lot of testimony coming in and we need to simulate it and put it together and then get back to the public at the same time, so you'll have another shot at this as well. Have at it. Your name and address, please. Hutchinson: Mayor Corrie, members of the Council, my name is Amy Hutchinson, and I'm at PO Box - you want a street address? 802 West Bannock. I represent R & S Marketing and American Promotional Events, and I'm here today to talk to you just about some concerns that we have within the ordinance. To begin, and if you all have the ordinance in front of you, I can direct you to the correct page. We have our first concern with Section F on Page 10 with the concern on the tents. In this section that I'm going to look at, it states no person under 18 shall work or be permitted inside where safe and sane fireworks are sold. Our concern is when inside the tent, as some of you have been in, the way that the fireworks are set up, the tables are located or situated so that everybody can come in and look at the fireworks and see what the selection is. Our question is if a family comes in with their kids, are they going to be able to have their kids walk in with them to look at the fireworks and look at the selection that they're given? We just want a little bit of clarification on that as far as if you can go to a stand and how that works. Secondly, we felt that there was a little bit of conflict in regards to the stands as well on Page 6 in Section 8. This refers to the timeframe as far as cleaning up the stands, making sure they're all taken down. On Page 6, there was just a little - there was a comment that says all stands and all debris cleaned up by noon on July 12th, and then if you look forward to Page 11 in Section I, it just states that tent shall be erected and cleared of all structures and debris no later than noon on the 6th. This is just a point of clarification, and we're willing to work with legal counsel to straighten out this problem. Then my final concern which I believe I can address and then we can have some additional questions later is within the list that all the fireworks that are allowed to be sold, we just had some concerns with what is on the list and if there is a current list that is available. Members of the committee, I know that in the City of Boise, they had a list that they had done a while ago and have referred to, but as far as I didn't know if Meridian had a list. Other than that, I'll keep my testimony brief, and I'd just like to introduce to you Winnie McGrew who will follow up. Any questions for me? Berg: Thank you, Mr. Mayor, my question is just concerning the fees if you had any problem with the fee structure whatsoever or the reasons for the fees. Hutchinson: Members of the Council, no. Corrie: Any other questions? ( Meridian City Council Meeting February 11 2000 Page 34 Bird: I have none. Corrie: Okay. Thank you. McGrew: Good evening. My name is Wendy McGrew, and I live at 963 E. Puffin. I'm here on behalf of a fireworks runner, stand person. For four years now, my family and I have ran the fireworks stand over at Fred Meyer, the big one that is there at Fred Meyer, and we're all teachers, so we're off all summer, so it's a perfect summer job for us. We're a little bit concerned about a couple things. One of them was no one under 18 in the tent. Does that mean no one working in the tent under 18 or no one in the tent under 18? A lot of our business is families that come in and bring their children, and they come in - we have a lot of people who come back year after year to our tent and their families. It is a family - families that do come in. So we were concerned with that. We were also concerned about the size. The size was - they were talking about limiting the size to I think 20 by 20. On the 4th it's crowded, and there's a lot of people in there. We feel the safety in the tent is much better than a stand. If we were to have an accident, the accidents are all very well marked. It's easy for people to get out of if we were to have a problem. In four years, we've never had a problem at all. There's always adults in the tent monitoring children who are coming in and out. We just feel like we have worked really well with the City of Meridian and the Fire Marshall, and those were our only concerns as far as the new ordinance was just the size of the tent and age of people who can be in the tent. Okay? Corrie: Questions? Bird: I have none. Corrie: Mr. Berg~ Berg: Is there a recommendation of what size, maximum size, minimum size tents? McGrew: Well, the tent we had last year, I believe was a 30 by 50 which was just really a perfect size. It was just a little bit bigger than the one we had the previous year, and it really did work real nice for all of us. It's really busy on the 3rd and the 4th in there, and there are quite a few people in and out of the stand or in and out of the tent, but it's really well monitored, and we were really able to control people moving in and out and moving about especially with the children also. Corrie: Are you one of the people who have the tent at Albertson's? The big white one? (inaudible) [' \ Meridian City Council Meeting- February 1,2000 Page 35 ( Corrie: Just a question (inaudible) good size tenta It was well done. Thank you. McGrew: Thank you. Anderson: I have one question. Does the ordinance say 25-foot tent or they were going to? I didn't see that in here. McGrew: Well, I thought it said there was a restriction - 750 square feet is what I think it said the restriction was which would basically be - would size it down - Anderson: 25 by 25? McGrew: -- quite a bit. Corrie: Anything else, Mr. Anderson? Anderson: No. That's it. Corrie: Thank you. Yes, sir. Lee: I'm Bernell Lee, 5660 Becky Drive in Meridian. I and my wife, Connie, are the owners of Lee Family Fireworks. We have retailed fireworks here in Meridian for the past 27 yearsa Both of us were also on the committee that drafted legislation for the State of Fireworks Code that was adopted a couple years ago by the Statea Being involved in fireworks over that period of time, I find some things that are concerns in this drafting herea First of all, let me say thank you that we can finally address some of the things in the old code that were problems, and I see a lot of those things have been taken care of, however, there is some ambiguity that I would like to address. On Page 2; Section A, it has the words dangerous fireworks ground-blooms. Then on Page 3, under C, it has exception. Now, ground-bloom is a spinner on the ground, and the exception reads ground-spinners, chasers including all devices which dart or travel about the surface of the ground during discharge shall not exceed 12 inches or vertical movement at any time. That to me is rather ambiguous. I'm not sure if it's supposed to move 12 inches, it can't be over 12 inches, and the fact that it's accepting ground spinners which ground spinners which ground blooms are. Then E kind of adds to that. This is something that is a dangerous fi reworks a Chasers, whistles including all devices which dart or travel about the surface of the ground during discharge which ground spinners do. So then one section they've been accepting and then in another they're - you know, it's ambiguous. I have a question on the sparklers. Why - how we came up with a 1 Q-inch limit on that. It's been my experience of the demand for the larger sparklers is there because parents consider them much safer. They light easier, they last longer which means there is less lighting of them, and in a lot of cases, the large ones they stick in the ground and light things from that. Then Page 4, ( Meridian City Council Meeting February 1, 2000 Page 36 ( during the drafting of the State Fireworks Code, the list as it's called was eliminated from the State Code because of the liability problem for the governing agencies whether it be a police department or fire department. The question came up who would be liable if we approved something, and it failed. So that was left out of the State Code for that reason. Also, prior to that State Code, there was mandatory testing in order to get things on that list. This drafting here does not address any kind of testing. While we're on Page 4, part of my family provides fireworks for the Duck Valley Indian Reservation. Being a reservation, they're not governed by State Codes. So they are allowed to offer for sale dangerous fireworks. I store those on my property, prior to that, and this does not address that part in any way. Our business has the name, implies, Lee Family Fireworks - is governed for kids or geared toward kids and family togetherness and that sort of thing with - we had seven childre.n and were all raised in the fireworks business. They were - you know, they stock shelves, they as they got older, they sold, they were during that time able to sell things, talk to people and think at the same time which has become a real asset to them. As they have grown up and gone away, I have allowed kids from the neighborhood to work at and be around fireworks booths and my fireworks business. So, I've seen a real advantage for those people, an opportunity for kids to feel a part of, be a part of and gain some skills, some life skills. I've enjoyed that part of it. It's been a real enjoyment. There's been some years where that was the only thing I gained from the season. Money wasn't there. So when we come to the age part on the Page 11, the State Code says 14. So I would like to see that reduced so that the opportunity is there for, you know, if Boy Scouts, Girl Scouts, whatever, would like to become involved in selling fireworks or any kind of youth group, church groups or whatever, they would be given an opportunity as long as the supervision is there, that kids could become involved in that, take some of the bored kids off of the street for a period of time. Then on Page 5, I'm sorry. That's not a problem there. Page 6, H, is talking about the debris being moved by 12:00 and so on during the summer. It does not address the winter schedule. That needs to be included. Also on Page 6 is the $25 fee, and I do not have a problem with the fees at all. Page 12, Section L, just needs to clarification. It says no fireworks shall remain unattended at any time regardless of whether the fireworks stand or tent is open for business or not. In the past few years, and especially at the meeting in Boise for the drafting of the State Code, it was pretty much a decision of the fire marshals which was attended by Boise, Meridian, Nampa and Caldwell that rather than carrying them back and forth in a vehicle, parking that vehicle in a garage at night or leaving it outside of your house at night, it would be much safer to have fireworks stored in the booth as long as it was able to be locked up. I don't have a problem with that; I think that's probably okay. The big advantage to an operator is the loading and unloading time that's required and the amount of work that's required to do that. I definitely agree with the fact that no one should be in that booth during the night. On Page 12, N, no stand-up tents shall be erected at a location where retail sales are not allowed under zoning ordinance provision of the Meridian City Code unless a permit for sale has been issued for said location prior to the ( Meridian City Council Meeting February 1, 2000 Page 37 adoption of this ordinance. I understand this to mean that if there's a field out there, even though it's zoned commercially, and no business has been there prior, that you cannot sell fireworks there. If that be the case, that's a big obstacle for me. I am not one of the big out-of-towners that put up the big buildings, and I have always operated on small shoestring sort of thing. Small, independent businessman, and dirt is much cheaper to rent than pavement, and so I've always - well, not always, but for the last quite a few years been on dirt. That would be a real big obstacle for my operation if that was required. One last thing. On Page 14, I was wanting clarification on that, records to be kept. Each permittee shall be required to retain at the licensed premises where said premises are open and that is principal place of business for a year thereafter copies of all invoices, receipts and orders evidencing the source in which you acquire the fireworks in which you handled. I just need to know, is that each booth that is operated or is that my office, so to speak? I just need that clarification. That's alii have. Thank you. Holgring: Mayor, City Council members, hello. My name is Sidney Holgring (sic), and I represent American Promotional Events, and I am located in Murray, Utah, but I am responsible for this area during fireworks season. The first thing I would like to say is thank you to Will Berg. He is absolutely fantastic in keeping us aware of what is going on with the City and the requirements. He's been very helpful to myself and the rest of my office. The first thing I would like to address is concerning Mr. Lee. He is right across the street from our fireworks tent out on Cherry and Ten Mile, and we like him there. So that part that it says the commercial residency, we are all for him right there. He has a great deal with somebody he knows on property right there. We wish we could have something like that. That's a good deal. First of all, I would like to address the size of the tents. When you were saying that you, Mr. Mayor, were in the tent out at Cherry and Ten Mile, at Albertson's, okay, the way that was set up, what did you specifically like about that? Corrie: It was fairly open, easy to get in and get out, and it was a nice tent. Holgring: Did you like how the tables were set up? Was that comfortable for you? Did you feel like that was a good access? Okay. That tent operator came up with a whole new schematic for the tents that we hadn't seen, and I kind of liked it myself because it kind of put an entrance over here and over here, and you could just kind of walk through it in kind of a circular position. So I liked that as well. That was a 40 by 40, and the other being a 30 by 50, it just gives you more space. If it was cut down in half, and you have tables in there, people are thinking, oh, okay, fireworks season, we all get to go back in there and do what we did last year, and you cut down the size of the tent, but you have the same amount of people coming in, that right there to me is a safety hazard. I like the open as well where there is access and it being a tent. You can flip up the bottom if there is a problem and walk right out. So I would like to keep the tent sizes the way that we have them, actually, for safety reasons. I have talked ( Meridian City Council Meeting February 1, 2000 Page 38 ( repeatedly with the State Fire Marshal, Don McCoy, and he's perfectly fine with them. He likes them. Well, I'm not going to put words in his mouth, but he will say if I said, you know, I talked to Garden City today and they wanted me to call you and say is it okay. And he said yeah, it's fine. Go ahead and give them a call back. It always has been. He's a fantastic guy to work with on tents. Our tents are all certified. Underneath the '94 Uniform Fire Code which is Article 32 which has been cut the same all the time for the materials of the tent, so we do have authenticity of their safety and security. So if any of you would like that, I would be more than willing to send those up to you as well. Then, let's see. Now, I also have a question about the ground-blooms and some of the ground spinners and kind of the joy of them is to put them in a large area. People on their courts, you know, for the 4th of July go out there and put everything in the middle and watch it go off. We do offer to each person running a stand, it actually is required, an orientation in the spring to go over new products and to handle products. We light them all off and say, you know, this is the best way for this or that to go off. Now, if you put, you know, a ground bloom on a hill, that's not very bright. Yau just don't know what'1I happen to it, but those are some of the things that we go over. Just general reminders to people. When people come up, we encourage them to bring those things up with the people at the stands or in the tents, as well as parents. That's my big thing. If I'm at one of the stands and I see a parent shopping with the kids, I always point out, please, you know, be careful in the sense of showing them how to light these correctly, that they stand back here, you do it and you have time to get away. That is a frightening thing to me. I do very much so encourage the safety of our items. So we do have proper training at our orientations. We go through everything. If any of you would like in the spring, I would be more than happy to have you come to our orientations to see what's going on. We have invited other city leaders, and nobody's really taken us up on it. So we extend that to you to come and check out what goes on. Do I have any questions so far before I go on? Mr. Bird, you look like you might have a question. Bird: No. I don't. Holgring: Okay. All right. And then - let me see. Now, you mentioned the licenses. $25 that would be per location? No matter if it's a stand or a tent; is that correct, Mr. Berg? Berg: Yes. That's what the current ordinance says. The ordinance that we're looking at; yes. Holgring: Which we are more than willing to abide by. You have been fantastic to work with. Okay. Now July 6th in having all of our stands and tents down. Oh, wouldn't that be beautiful. Let me tell you why that would be beautiful. Because I get to go home. I spend most of my summer up here. As soon as these are gone, I can go home and relax and usually take a week off and do nothing. So, unfortunately, we cover four states out of our office in Murray. So we have (- ( Meridian City Council Meeting February 1, 2000 Page 39 people up here, Utah, let's see - New Mexico and Colorado. So they are up and down taking down things and putting them away all over the place. That is really just difficult. So please consider that. That's just awful for us. Then our tent company that comes up and puts those up, you know, we have them out here, and apparently, you know, for convenience of those people, they shouldn't do more than one and-a-half in a day. Those just take a lot of effort to put up and take down. So please consider that. We have people calling us and saying can we please take a break now. I have to - No. No, you can't. You have to work. So that would be a safety reason for them as well. I think this is basically all I have that I would like to cover right now, but as you said, Mr. Mayor, we will be going over this more in detail? Okay. And from this meeting, would you take what we've discussed and add that in so that Mr. Berg sent us a letter saying what was going on, we could have that to discuss and ample time to come up here and meet again? Okay. Would you have any idea when that meeting date might be? Corrie: We can continue the public hearing for as long as we need testimony. We can - that's up to the Council. Next meeting? Fifteenth? Holgring: The 15th of February? Corrie: February - March? We can do it the 15th (inaudible) Holgring: Let me check with some people. Is there a chance that I could get back with you on that? Bird: We're going to make that motion tonight. Holgring: Okay. The gentleman that speaks after me will be able to answer that for you. If I can have him up here, we'll be okay. And do you have any other questions for me whatsoever? I'm really curious on how you want to change this because anything that I don't do, I don't want to get my license pulled. I kind of like my job. I'm here to appease you and work the best that I can with you. Corrie: That's kind of the way we are. I'm sure they are saying the same thing. There's some things in here that are not good, there are some things that are good. We need the feedback from you people on what you need so we can get it back to you - see what the best thing is for you and the public as well. So that's why we're continuing the public hearing as well. Holgring: Well, thank you Mr. Mayor and Council as well. I appreciate your time. Bird: Thank you. Corrie: Thank you. f l Meridian City Council Meeting February 1, 2000 Page 40 ( McCoy: Thank you Mr. Mayor and members of the Council. I'm not sure I can follow that. My name is Jerry Farley, and I don't live in Idaho. I live in Seattle, Washington, and I am actually a professional lobbyist and I have a number of clients. I represent optometrists and nurse practitioners and drug manufacturers, and one of the clients I've worked for since 1982 is the firework industry. When I first got into that business, in my naivete had this idea that this was a simple little business regulation issue. It'd be real easy to solve and everything, and I've been doing it ever since. I have been involved with the drafting of laws and regulations in more states than I can think of right now, and a lot of cities and counties as well; for example, just Saturday and Sunday, I'm sure all of you watched the Superbowl, at least I suspect most of you did, I did not. I was in San Diego with a committee from the National Fire Protection Association 1124 drafting what we hope will be a model code for the regulating of the retail sale of fireworks. We'd like to see something like that developed and implemented throughout the United States because we think generally operators are pretty safe and pretty decent people, but every once in awhile you have a few problems, and if we had some kind of a guideline that would help regulators and something that the industry itself could live with, we think that would be a good idea. Those of you who have been in the fire service probably know that drafting and adopting a regulation doesn't happen overnight. I suspect that if this thing does come to pass, which I hope it will, it probably won't be on the books and available for anybody until perhaps 2002. Nevertheless, it will be the first time that someone that someone has attempted to do this on a national level, and as we've sat through the discussions, we've learned new things all the time about how this system would work. I was one of the lobbyists who was involved in 1995 and 1996 in negotiating with the Fire Chiefs' Association and the State Fire Marshall's Office and operators as well about developing what is now the state law here in Idaho. I like to think that I brought some expertise with me. I hope I did. What we were trying to accomplish was to make the state law a little more uniform and to eliminate some of the problems that we as - on the fireworks side of the equation had seen. A classic example of that is that the testing and listing of items. The biggest problem that we have with that is in the fireworks business if you have to have your product tested. In 50 or 60 cities or towns and maybe several states, it gets to the point where you're just not sure you can do it anymore. It's too expensive and it's so difficult to do. In the fireworks business, the companies that buy their fireworks buy it usually in August or September from the manufacturers in China. They pay for it, they start getting delivery early in the year, maybe even later in the same year, so by - we're in February now. A lot of that product is already on its way across the water. One of the things you try and do is you try and arrange the product array that you have and put them in assortments and those assortments get made in China for the most part because you have so many to make and if, obviously, it's cheaper to make them there, and if you have to keep changing those assortments based upon some in particular city or county or state's standards, and particularly if they might change at the last minute, it can be a problem. And we've had that difficulty in the past, and so we decided that it would be better for us if we could have some kind of ( Meridian City Council Meeting February 1, 2000 Page 41 (- uniformity that there would be predictability so that the product that we allowed to sell would be something we would know many months in advance. So that was an important thing for us. The other problem we had is that you could have a cone with a particular, shall we say, brand name on it, or a particular item name, and it would have to be tested and approved. If it had the same cone with a different piece of paper on it with a different brand name or a different item name on it, that would also have to be tested. So the list gets longer and longer and longer. And, of course, some of those products don't get sold anymore because like everybody else in the retail business, they change the names on them. But it's just the paper. So we thought, you know, a better approach would be in essence to sort of perform a standards using the common terms and phrases that are found initially federal regulations and then if we could put those into state law, it would be much easier for the fire service and much easier for the fireworks industry to know what was allowed. So that's why if you read the state law, you don't see specific things like ground-bloom flowers. You don't see a specific item like Jack Surprise or anything. You see words that are common terms and they float directly out of the federal regulations. Those federal regulations control not only the types of chemicals, the compounds that are found in them, but also the quantity of those chemicals, and they also control the manner in which those are packaged; for example, a firecracker, whether or not legal, but that's a good example, firecrackers can be no longer than one and-a- half inch, no wider than - greater in diameter than three-eighths of an inch, the fuse must burn no less than 2.9 and no more than 6.3 seconds and so forth, as well as it limits the quantity of materials. That's true for all of the cones and fountains and spinners and everything. Everything is flowing right out of the federal regulations. So what we try to do is to bring those into the State Law and make those uniform so that everybody would know that even though you call this a ground-bloom or you call this whatever, it's a spinner. The spinner means that you looked at the federal regulation and you know exactly how it's going to work. There's a consequence nobody has to second-guess it. When a new item is developed by a company, they submit it to the federal government, the US Department of Transportation for testing. They send it to the Bureau of Explosives which is a private, non-profit agency. They do a chemical analysis on it what those of us studied a little chemistry in high school called a qualitative analysis. They can tell us what's in it. And a quantitative analysis. The quantity of each of those things. If it meets the federal regulations for the type of fireworks that may be sold to the public, it's given a BE number and classified as 1.4G. It used to be known as Class C, common fireworks, but is now 1.4G. If it's above that in quantity or it has chemicals not permitted, it's classified as 1.3G or what used to be known as - *** End of Side 3 *** explosives. So we thought all of this would help everybody understand better, and that's what guided us into writing significant portions of the State Law. In fairness to all the people in those rooms, you should know there were many ( Meridian City Council Meeting' February 1, 2000 Page 42 (' times when the fire chiefs fought amongst themselves and there were times when the fireworks industry fought amongst themselves, and there were times when we fought back and forth, and in the end we ended up writing the bill that is now the law. I hope to heck that we did the right thing, because I hope that will help the City of Meridian, also, in enacting an ordinance that is the proper balance between safety of the public, both the purchasing public and the using public and the observing public, and also help the retailer to do what they're supposed to do to comply with the ordinance, the law, and, of course, hopefully make a reasonable profit. I want to say one more thing about tents because tents have been in use as far as I know in 27 states. Those are the ones I am aware of now, and I know they've been around for over 40 years in some of those states. They're definitely the kind of thing that seems to be the future. The reason they are is for two reasons: One, it allows the purchasing public to have a different relationship with the product that they may buy, and it allows the retailer to have - to literally have a larger space so that the public can look at that stuff in a more leisurely fashion. That's one of the reasons why the 750-foot, square foot limitation is a difficult one. Because tents come in certain sizes, and the bigger the tent the better. Sure it costs money to put up a tent, and they're not going to put up a 10,000 square-foot tent everywhere, but they are going to put up a tent that's going to be a little bit larger. That's going to mean that more people can get into the tent, but they can also move around more. We make sure that the tents operate in compliance with Article 32 of the Uniform Fire Code. That goes beyond just the material with which the tens are constructed. It also regulates the number of exits, size of the exits, and all that stuff. I can tell you that every single tent always exceeds the number and size of the exits because those are the minimum requirements, but the retailer is in a situation where they want as many ways in and out of that tent as possible. Particularly if there's ever been a problem, which, of course, there never has been. There never has been a problem in a tent, and we make sure - we want to make sure that there won't be one. But if there were one, we want to make sure that people are going to get out. Typically what will happen is they'll ha flaps that may be open that aren't actually a designated or required exit, and they map place some yellow tape across it so the people will flow differently, but people can get out. I have a number of suggestions in this proposed ordinance, and I know it's really late, and I feel terribly guilty maybe making a few comments, but if you would permit that, I would be happy to enter these quickly into the record for you and then talk about how you can tell me how I can help because I believe my job is to help you write that ordinance that will allow them to make money and allow your citizens to buy safe and use fireworks safely. The first one is the ground-bloom flower. I know that that prohibition is specifically is found in the Boise ordinance, and we have a problem with that because first of all, ground-blooms are a fairly big item, they're well-liked, and to be candid with you, a ground-bloom is sort of a - is not really a term that you find anywhere, It's a ground-spinner. The gentleman that talked about the conflict there is correct. It would be better if they're not - if ground-blooms not be prohibited because you can simply call it something else. Then it wouldn't be a ground-bloom anymore. It's always a { Meridian City Council Meeting February 1, 2000 Page 43 (- ground-spinner because that's how you see it defined. He's also correct about the conflict between C and E on the chaser. Also going to point out that G, I think that's supposed to be sparklers, not sparkles, and he was also correct that typically the sparklers that you see are metal core, but there are wood core, and the industry's trying to find a way to make the wood core sparklers as dependable and enjoyable as the metal core because the biggest problem we have with metal core is that they get a little hotter. We'd like to see something - and I think you'll see that in the end. The industry voluntarily doesn't sell certain sparklers anymore because they've had some problems. A classic example of that is red sparklers. We also in the section 45-3 - 03 on the listing, we would encourage you not to go this way as a policy issue because if you look at the state law and have your definitions structured the same way the state law is, you fundamentally have that done for you, and then, of course, if you want to, you could decide if you wanted to ban certain items. We would ask that you not do that because we think uniformity works better. Yau can always go outside the City of Meridian and buy the stuff and bring it home and what have we accomplished? Many nothing. Maybe in fact we encourage them to do bad things. We like to see fireworks bought at a local stand ran by somebody hopefully from the community that cares about their community, probably knows their customers and is sure as heck not going to want Johnny to do something stupid. I think a couple people have mentioned the conflict on the day of which stands have to be down. Nothing need to be further said, but the later the better. Clearly, noon on the 12th is better than noon on the 6th because what it means is if you close the stand on midnight on the 5th, they have to work all night to get those tents and stands down, and working in the dark is dangerous. Can be dangerous. Particularly putting up tents where you have the guy wires and everything. I wanted to also point out that in Page 9 on Section 45-11 where it says Clerk to issue permit, I also wanted to echo a comment about Mr. Berg. He doesn't know who the heck I am, but I called him yesterday, and he tried to make some sense out of my questions and answer, and I really appreciated that very much. The second line there, there's a phrase "as it shall," and I'm not sure what the "it" refers to, because earlier the Clerk is referred to - in his or her discretion, so I think you may have a slight technical drafting error there. I assume that's supposed to mean the Clerk. In Section 45-14, throughout your ordinance up to this point, you have used the word "safe and sane and dangerous." Those are terms that are no longer found in state law. We've gone to the term fireworks, common fireworks, special fireworks. Special fireworks are display fireworks, 1.3G, Class B. Common fireworks are the 1.4G, Common Fireworks Class C. Then we have divided those into the aerial and non-aerial, and we've defined in the state law what an aerial firework does and what a non- aerial does. Well, here you've got in sub-one, non-aerial common fireworks, but you don't actually define that, and that's where I would suggest that when you finalize this, you use those terms that are found in the state law. The same when you find in sub-section two there, where you use the term common fireworks. That's not defined in your ordinance, but it is in the state law. If you were to use that term, I think it would work better because I think it would help f Meridian City Council Meeting . February 11 2000 Page 44 ( everybody with their understanding. Two more quick things if I might. One is on Page 11, sub-section F. In almost every place that I'm familiar with, families come into those tents, and, of course, the bigger question is who buys them. The way this is drafted, I think no one under 18 would be allowed into a tent at all, and I would suggest instead, if I may, and this is what is being drafted at least at this point for the NFPA 1124 standard. You have to be 16 to buy and you have to - if you're under 16, you have to be in the presence, accompanied by a responsible adult, 18 or older. No operator wants kids running around acting crazy, but one thing, they can hurt themselves, another they can destroy product, but mostly they can disturb other customers. So we make the children, and I guess I should say everybody under 16, and some of those aren't kids anymore, we think they should be in the presence of somebody who is 18. One of the difficulties you could have, you can't say it has to be their parent or their guardian, but at least it should be somebody 18. The other thing you should probably know, if you've been inside a tent, you actually have people who are employees or volunteers if it's a charitable club or group, that walk around in the tent, they do that not only for security purposes, but also to answer questions. So it helps that they're there as well. So we'd like to suggest that this be age 16 to buy, but anybody under 16 can go in there as long as they're in the presence of someone who is 18 or older. That's a big thing. I know there's some people who don't like the age 16 to buy, and candidly, I'm one of those. I think some of the most sophisticated buyers I've ever seen are 10, 11 year-old kids. So if you choose not to go with the age 16, that's okay, but just remember, I think this just needs to be drafted so that it's clear that anybody can come into the tent, but whoever isn't allowed to buy has to be in the presence of somebody who has to be 18 or 16 or whatever that age is. In your - I'd be happy to help you draft language for that, because that will - I have done that in other places. G - you have no person employed as a watchman shall be permitted to remain inside a stand or tent. Well, if you're operating a tent, you leave the product in there and while you don't - which means you're going to have security there 24 hours at least when the stand's closed because you don't want somebody walking into a tent and stealing something. Occasionally, that means you're going to want that walkman go through there and make sure everything's okay inside, too. It's one thing to say he shouldn't stay in there, it's another thing to say he shouldn't go in there. So we would like to see the language is drafted so that they could go in there, but, of course, we don't want them staying in there. We want them outside most of the time. But we do want them to be able to go into the tent. That would require some change also in sub-section L, and then finally in M where you talk about the maximum size of the tent. We would rather that not be there. I don't think you're going to see a tent that's much bigger than 30 by 50 for awhile and maybe never. But whatever it is, it would be determined, one, by the market place, and, two, it would have to meet Article 32, and that says everything. I know your fire chief is probably very familiar with Article 32. The companies that we hire to put up those tents are required to comply with Article 32, and if they don't do it, we want to know about it because we want them to. Finally, I would agree with the gentleman here about the zoning. I think it's one ! Meridian City Council Meeting February 1, 2000 Page 45 ( thing to prohibit stands in a residential area specifically residentially zoned area, it's another to simply say they have to be in a certain area. It seems to me you want to have some flexibility. They want to have a stand out someplace, he's right. Dirt's cheaper than pavement. As I said, I'd be happy to help in anyway that I can to make this a good ordinance that allows everybody to be safe and have an enjoyable holiday. I apologize, also, for talking so long. Corrie: Questions? Anderson: Mr. Mayor. Just a comment that if you've made notes on that, you may want to leave them with our fire chief so that he would have them. I don't know that he was able to write fast enough to get them all down. Farley: That's okay. I'll tell you what I'll do, I'll make sure that you get every one of them. Lee: Connie Lee, 5660 Becky Drive, Meridian. I just want to quickly make comments on - just to verify one question. Why can't we just adopt the State - why can't we go along with the State regulations rather than having a different one in each city? So that Caldwell, Nampa, Meridian and Star would all have the same? On the testing of them, I was at the testing in Boise, and had the Fire Marshall's comments, but it was way too time consuming and expensive to have the employers there all day and the time that it took. On the sparklers, having sold it for as many years as we have, a comment from the adults is the short ones - it makes too short of a handle, and so therefore it comes around the hand, and it's actually more dangerous and they have more burns, and not just for kids, but for adults as well. It seems like the old ones like - older people like to play with the sparklers just as well. I have a question on the age. I know that from raising my children in it and having other employees, that it helps provide value for the kids and an education and also employment. I just - I think we need to get back to families and supervision and giving kids a worth will help them in a lot of areas and also it's always been a thing of mine that we can sell to three-year-olds, but you have to be 18 to sell it. I think there needs to be a compromise there that - I think 16 is a little old to buy, but - I contradict that I don't think three-year-olds should be able to come purchase it either. The age should be lowered to sell it. I would like to see that down to 14. Thanks. Corrie: Anyone else? Bowers: Mayor Corrie and City Council members, I really appreciate all the input that they had put in tonight, and do have our work cut out for us, I can see. Our intent was not to make any of the tents smaller. We like the size that's out there now. As Ron Anderson, Councilmen can attest, we have been called quite a few names here in Meridian because we do allow tents and other cities do not. We kind of started that here in this area, so we did kind of start a problem for other areas, but we think under the Uniform Fire Code 32 that addresses a lot of those ( Meridian City Council Meeting' , February 1, 2000 Page 46 ( issues. Also, our intent was not to keep kids out of the tents. That's not our intent either. We will have to make sure we re-write those paragraphs to make sure that's said. The comments from Mr. Lee on being able to go out into a pasture and put his fireworks stands in there, I believe that Article was in the old ordinance years ago, and we just had not done - we allowed them. We had talked to Shari on the thing and she did not see that there was a problem. If you believe we need to take that paragraph out of this ordinance, we sure can. But that is under Planning and Zoning Ordinances or something like that, so that's kind of why it was put in there and left there at this time. My impression of the ground-blooms and the ground-spinners are that they are completely different. The people that have told me today and yesterday on the phone that they are not, so we'll have to work on that ordinance there - paragraph. The part where it talks about the list that Meridian Fire Department will have, I was very tickled that we had a list that was updated on fireworks until the people started calling me. I went to look at it, and it's '96. So we do not have an updated list. I think that was the last time that the fire marshals got together and tested them. I don't know what they do in Canyon County. I don't know if they test them over there, but they haven't tested them, I believe, since '96 in Meridian. So that's one of the paragraphs that we really want to work on and possibly take it out completely because of the time that it takes to do the testing. Another question of Mr. Lee's, he had mentioned about is he going to have to keep records in his own booth or - on each booth or in his office. That was put in there by the attorney, and we will find out for you on that. Not Bill, but the other Bill. Bill and I are kind of just sitting here between the Fire Marshall and the other attorney, so we're kind of in the middle of this. Sparklers, we'll look into that, too. Sidney and Jerry I think talked about the day that the equipment needs to be removed by. I didn't quite get it if it was clear enough that the 5th is too soon and the 12th needs to be - the 12th is better? I'm not sure why we've got both dates in there. Okay. Mayor Corrie and City Council, do you have any other questions of me at this time? Anderson: Mr. Mayor. If we table this, Kenny, two weeks, in light of all the testimony that we had tonight and the amount of research and changes you're going to do, two weeks a little short - Bowers: Not if I get more input from all these people. I wouldn't be able to do it in two weeks, I don't think. Anderson: I guess I'm thinking of giving you about a month. Is that enough time? Bowers: We'd sure try. We would sure try our best. If a month isn't, maybe we'd have to come back and ask for a continuance. I'm not sure how that works out with Bill, but two weeks is too short with all of this. A lot of the people discussed the same items, but there are quite a few items. I really appreciate what they put in. Will kept me informed the last two days of everybody that called in and was asking questions also. Another thing, I thought that the Fire Marshal had an ( Meridian City Council Meeting February 1, 2000 Page 47 (- updated list of fireworks, and I guess he doesn't either. Okay. Any other questions? Bird: Kenny, on this thing, safe and sane fireworks, I'd like a clarification on that whole section on - you do this, you do that, who's liability is it? If we run tests, then are we sticking our necks out for liable and stuff like that, the liability of it and everything else. We make out a list that this is it, are we liable? Bowers: We'll - between both Bills, we should be able to find that out for you guys. Anything else? Okay. Berg: Thank you, Mr. Mayor. Just a comment to briefly appreciate the other comments from everybody that came up and testified. I think we need to, as Kenny mentioned, look at this a little bit closer and maybe come up to the standard terms and the up-te-date names so we can have a little bit more continuity between cities or counties or states. The other comment is since some of these are a couple dates that we can sell them, maybe so many days after the closure of the sales date rather than a specific date. Displays, we may have to deal with them differently when they shoot off the fireworks that need to be cleaned up a lot sooner, so we may have to look at that. Just a comment. The Chief and the Fire Marshal and I have probably looked at as many ordinances as the attorney has, and sometimes what you think is fine is not so fine after you get some other comments. We try to make a pretty good stab at this ordinance, and I think we have, and it's good to have these comments from people that actually deal with them day in and day out rather than us just during the season and looking at the safety of the citizens. So I appreciate that. Corrie: Anything else? Okay. Thank you, Kenny. Bowers: Thank you. Corrie: Okay. Well - yes. Go ahead. Lee: Bernell Lee, 5660 Becky Drive. Because of the time if we're going to extend this a month, ordering starts here pretty quick, and that's - we might need to consider whether this goes into effect this year or what time this year; whether it would be the winter season or the first of - because some of these things, if they need to - if the testiness' going to be involved, you know, there are going to be limits there, and there's a lot of things that are going to be affected by this. Corrie: I don't think we want to hinder anybody. Just make sure it's safe and when we get the right ordinance, because we don't want to change ordinances every year. Any other comments? Okay. I'll entertain a motion to continue public hearing and a date specific. Bird: Mr. Mayor- ( Meridian City Council Meeting February 11 2000 Page 48 Anderson: Mr. Mayor. Bird: Mr. Anderson, go ahead. Corrie: (inaudible) Mr. Anderson. Anderson: I would make a motion that we continue this public hearing on this fireworks ordinance until March 7th. Bird: Second. Corrie: Okay. Motion's made and seconded that we continue the public hearing until March the 7th of this year. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Berg: Mr. Mayor. I would hope that we'd have some kind of a draft copy that we could distribute out to these people in plenty of time for them to make some other comments back to us. Not knowing exactly what the Council's direction is, but I think it's in the direction of keeping it safe plus accommodating some of their questions and legal ramifications. Thank you. Corrie: Okay. Anderson: Mr. Mayor, I would request they (inaudible) adjournment until 10:30. Bird: I second that. Corrie: Okay. Motion is made and seconded. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT (Meeting in reconvened at 10:30 p.m.) Item 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction - Lot 3, Block 2, Railside Park Subdivision: Corrie: Meeting back in session at 10:30. Item No. 8 is the request for final plat of 24 lots for Santee Commercial Complex by Santee Construction. Staff, comments? Stiles: This is for a so-called, kind of a townhouse concept in the Santee - called the Santee Commercial Subdivision. It's in the existing Railside ( Meridian City Council Meeting February 1, 2000 Page 49 Subdivision off of Pine and Adkins. Ralston Street. It'd be just north of where the plumber's union is. We have prepared our comments, I believe they're dated January 25th and received by the City Clerk January 26th. We'd ask that this be approved with Staff conditions and the applicant's representative is here tonight to address any concerns he may have with these comments. Corrie: Any questions of Shari? Bird: I have none, Mayor. Corrie: Is the applicant here tonight? Bob? Unger: Good evening, Mr. Mayor, Council members. Bob Unger with Pinnacle Engineers representing the applicant. Our address is 870 North Linder Road, Suite 8, Meridian, Idaho. We have no problems with the conditions of approval. Just a couple of quick clarifications. Number 19, staff has concerns about lack of a detail in the CC & R's regarding responsibilities for permanent landscaping. We'll amend those CC & R's to better identify the responsibilities for the permanent landscaping. We don't have any problem with that. Item No. 24 requires a pressurized irrigation system as per the Meridian City Code. Railside Subdivision does not have any irrigation water whatsoever. We have less than half of an acre of landscaping on the perimeter landscaping in front of the project. We've discussed it with Public Works. They are requiring us to put in an additional meter for the sprinkling of the landscaping, so we would ask that that condition be waived. Other than that, we have no problems with the conditions. Corrie: Okay. Any questions from Council? Bird: I have none. Corrie: Okay. Thank you, Bob. Unger: Can I make one other comment? Corrie: You sure may. Unger: This is recommendation, request, suggestion, on your agendas. This is about my 4th or 5th final plat. I come in hE?re and I sit here for three hours because the final plats are always at the tailend. Generally, final plats take two, three minutes and you're gone. So we would - I've talked to some of the other development people, it would be really great if you folks would consider putting final plats on the front-end of your agenda under your new business. That way we can all get out of here and my clients save money and everything. So if you could consider that, we'd appreciate it. Corrie: Okay. ( Meridian City Council Meeting - February 1, 2000 Page 50 Bird: Thank you. Corrie: Okay. Council, pleasure? Bird: Mr. Mayor. I've got a question for Gary if it's okay. Gary, no problem with not having pressurized irrigation? Smith: Councilman Bird, Mayor and Council, as long as the subdivision doesn't have pressurized irrigation available to it right now, then we can - and with the landscaping area that Mr. Unger referred to, we can provide the water for that area and still be within the requirements of our water right (inaudible). Bird: I have none other. Corrie: Any others? Okay. I'll entertain a motion for the attorney to prepare the proper order and Mayor to sign. Nichols: Mr. Mayor. Mayor Corrie and Council members, if I could clarify something, then. Mr. Smith, it would be acceptable to have a condition - they have to have a pressurized irrigation system, it's just it would be connected to the City's portable water system until such time as an irrigation water system is available; is that what you mean by a separate meter? Just it would be hooked into the regular domestic water supply. Smith: Yes, that's correct. It would be a separate meter for sprinklers only. They wouldn't be billed sewer-use fee for the water that's put on the grass or the onscaping. Nichols: So it would still be a pressurized system (inaudible) domestic one? Smith: Yes, that's correct. Nichols: Thank you. Anderson: Mr. Mayor. I would make a motion that we approve this final plat for Santee Commercial Complex and instruct the City Attorney to prepare the appropriate order and decision with the exception of Item 24 in the conditions of staff requiring pressurized irrigation that the applicant be allowed to hook to the City water system for irrigation purposes. Bird: Second. Corrie: Motion's been made and seconded to approve the final plat with the conditions as stated in the motion; any further comments, discussion? Hearing none, all those in favor of the motion say aye. ( Meridian City Council Meeting February 1, 2000 Page 51 MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 00-002 Request for final plat of 21.68 acres for Celebration Estates by Mike and Bonnie Rice: Corrie: Item No. 9 is a request for a final plat for 21.68 acres for Celebration Estates by Mike and Bonnie Rice. Staff? Stiles: Mr. Mayor and Council, this is for property that's located within our impact area but outside of our urban services planning area. It's located between Ten Mile and Black Cat south of Victory about a half of a mile south of Victory? Half a mile north. Stiles: North of Victory. The only comment that we had that was any significance, and there's really nothing that the applicant can do about it. You can see that it has this private road that runs down Lamont south for quite a distance. It's almost 700 feet, 670-some feet, then it goes in an east-west direction and the Ada County Street Name Committee has required that the names be the same on both legs of this road. They're both called South Nova Lane. We questioned why that would be the same name, and it seems a little confusing, and not that our departments, Public Works or Planning and Zoning would have to worry about it, but the --we wondered about the fire and police services because we got another letter from the Ada County Street Name Committee today that said their policy is to require any road that changes direction for a distance of more than 150 feet would have to have another name. That's the only comment I have, and we are required comment and send those comments on to Ada County, and we'd ask that it be approved with that stipulation, I guess. Corrie: Any other staff comments? Okay. Developer, problems with that? Rice: Mike Rice, 1015 Larksbur, Meridian. I have no comment. Anderson: I have a question of Mike. Would they - would the Street Name Committee be opposed to just calling it Nova Lane, or is there another Nova Lane somewhere else? Rice: We went to Ada County to name this street and applied for several different things. This was their recommendation back to us. They gave us a reason for it. It didn't make any sense to me, but I guess it did to them. Corrie: Any other questions? Bird: I have none. ( Meridian City Council Meeting February 1) 2000 Page 52 Rice: South Nova Lane continues north of Lamont on the other side and almost aligns. I think that was part of the reasoning. It doesn't show on there. Bird: But they're running the same street east and west there that they are north and south. I mean, Nova Lane's going in coming down that way, too, so you're going to be confusing (inaudible) with numbers, I would think. You're going to be going down, say, 25 to 45 vertically north and south, and then you get down here, you might be up in 10835 or something like that. You're - postal service, but that's up to them. It's weird, but if that's the way they want it. Rice: That's what Ada County came back to us with. Corrie: We'll just do it with a stipulation. Anderson: Mr. Mayor. I did have one more question. I was reading Fire Department's comments on this, and since this is in a rural area where there is no water supply, Fire Chief had indicated that he thought all the homes would need to be built with a sprinkler system, assuming the residential sprinkler system, and then I noticed that's not in the staff comments. Is that - would that need to be in the staff comments to make that apply or is that considered a staff comment in a separate attachment like that? Stiles: Yes. We would include Chief Bowers' comments when we forward that on to Ada County. Anderson: And does the applicant understand that requirement? Let the record show the applicant shook his head yes. Rice: Yes. I understand. Corrie: It's kind of hard to have a head-shake on the recording. Okay. And questions? Okay. I'll entertain a motion on the request for final plat, No.9. Bird: Cherie, it's your turn. Make a stab. McCandless: Okay. I move that we approve the request for final plat of 21.68 acres for Celebration Estates and ask the attorney to prepare the appropriate Order and Decision with a street stipulation. Bird: Second. Corrie: Okay. Motion made and seconded to approve the final plat on 21.68 acres of Celebration Estates for the attorney to prepare the proper order, the Mayor to sign, and with the staff comments with the stipulation that was stated in the ACHD road. Any further comments? Hearing none, all those in favor of the motion say aye. ( Meridian City Council Meeting February 1, 2000 Page 53 ( MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. FP 00-003 Request for final plat of 7.84 acres for Gemtone No.4 by Thomas T. Wright at NE % Section 8, T3N, R1 E (west of Hickory Avenue between Pine and State): Corrie: Item 10, request for final plat of 7.84 acres for Gemtone No.4. Shari, Staff? Stiles: Mr. Mayor and Council, this is for another phase of Gemtone Subdivision. This would be where Blue Cross is located. The City has a well-type here. I don't know if you're seeing that or not. This plat was previously submitted and approved by the Council in May of 1999 which would mean they have to submit their final plat - it has to be recorded by that date of 2000. The original Gemtone Center No. 4 included the entire Pine Street right-at-way and this one has excluded it. The only things I can see that have changed is they had the same number of lots although they have included a little sliver ot a lot along the west boundary and along the southern boundary, and the note says that is for landscape and drainage. I would like to have the applicant's representative present to explain their reason for not including Pine Avenue and if they propose this plat as revised, I would recommend it be denied due to the fact that they are not dedicating that additional right-at-way for Pine. Took it off. Bird: When we passed that in May, that was dedicated (inaudible) Stiles: Yes, it was. There was no explanation of why that was taken off. I know Dennis Baker is getting anxious to come in with a plan tor all the property he's purchased in that area, but it's almost appearing to be kind of a spite strip that's been intentionally left off of the plat. Bird: Mr. Mayor. This - if we allow something like this, we are going to have the same problem you have when you go right across the street that we're having with Pine Street right over there which we, as a City, got taken to the cleaners on that baby. I guess the best thing to do would be to table this until next week and get their representative in here and find out - I recall when we passed this in May, that Pine Avenue was going through. There was no ifs ands and buts about it. If it's proper, I'll make a motion that we table this until February 15, 2000. Anderson: Second. Corrie: Motion made and seconded to table Item No. 10 until February 15th of this month, this year. Any further discussion? ( Meridian City Council Meeting , February 1, 2000 Page 54 ( Anderson: Mr. Mayor, I'd like to also just follow up and have Shari contact them and let them know that we have questions and would like them to come and explain the discrepancy. Stiles: Okay. Corrie: Any other discussion? All those in favor of the motion, all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 10B. Findings of Facts and Conclusions of Law: AZ 99-013 Request for annexation and zoning to R-4 by Charles Crane - 3610 W. Ustick Road: Corrie: Item 1 DB. Bird: If we don't have any discussion, I'll go ahead and make a change. On Charles Crane, request for annexation and zoning from I-L to R-2. I made the motion that it was R-4 which was mistaken, and that's what was passed, so I guess what we need to do is just make a motion to amend that previous motion and to let the decision, Facts and Conclusion show that it was an R-2 instead of an R-4. I make that motion. Anderson: And I second that. Corrie: Okay. Motion's made and seconded to have the Findings of Facts and Conclusions of Law on request for annexation and zoning to show that it's to be changed back to the R-2 from the R-4 from the previous motion for the Charles Crane, 3610 West Ustick Road. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Anderson: He was just making a motion to - now we need to still approve them. Corrie: Well, we have to - do you want to do Findings or do you want to go ahead - Nichols: Mayor Corrie, members of the Council, I'm fine if you just simply want to adopt Findings and specify at that particular Item that it should say R-2 instead of R-4. Bird: We can go ahead and pass them? Nichols: Yes. ( Meridian City Council Meeting February 1, 2000 Page 55 Corrie: Mr. Anderson. Anderson: Mr. Mayor, I would make a motion that we adopt the Findings of Fact and Conclusions of Law for the request for annexation and zoning to R-4 by Charles Crane and authorize the Mayor to sign, the Clerk to attest. Bird: Wait a second. You mean R-2, don't you? Anderson: To R-2. Excuse me. Bird: I second that. Corrie: Motion made and seconded to approve the Findings of Fact and Conclusions of Law, request for annexation and zoning to R-2 by Charles Crane, 3610 West Ustick Road. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT McCandless: Roll-call? Corrie: Okay. Roll-call vote. Roll-call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED THREE AYES, ONE ABSENT. Corrie: Motion carried. Let the record note that there was one Councilman's vote that was not here. Okay. Item 11. Dog License Agreement with The Pet Hospital: Corrie: Now we're on Item 11. Dog license. Bird: Yes, we needed to (inaudible) that. Corrie: Okay. Dog License Agreement with the Pet Hospital. Okay, Mr. Bird. You've got that pretty well down, I think. Bird: Mr. Mayor. I would make a motion that our license agreements regarding the dog license be enacted by - *** End of Side 4 *** City Council. Yau what? ( Meridian City Council Meeting - February 1, 2000 Page 56 Corrie: He just took away your brownie points. Nichols: Mr. Mayor, Councilman Bird, I have a suggested resolution here that I think I can amend by (inaudible) right now. That would be - and I don't know if the Council has that in front of them or not, but it would basically - if you don't have it in front of you, we could put it on the agenda for 2/15, you could approve this particular one that the Chief has already worked out with the Pet Hospital, and we can amend this resolution, have it before you on 2/15. Basically it would authorize the Chief to go out and get the agreements then bring them back , have them signed by the Mayor and attested to by the Clerk that they're a part of the record, and the resolution would be his authority to do that, and the Mayor and the Clerk's authority to sign and attest those agreements. I think that's okay. Bird: That's what I want. I can't see every agreement coming before the City Council, but in the same token, I believe that our agreements should be signed by the Mayor and attested to by the Clerk. Put the responsibility on them. Corrie: And you can bring back - the attorney can bring back that resolution. Bird: So we just need to make a motion now, Mayor, to pass that one? I make a motion that we accept the dog license agreement with the Pet Hospital. Anderson: Second. Corrie: Motion made and seconded to approve the dog license agreement with the Pet Hospital. Any further discussion? All those in favor say aye. MOTION CARREID: THREE AYES, ONE ABSENT Item 12. Water/Sewer/Trash Delinquencies: Corrie: Now we're going to (inaudible). Okay. This is to inform you in writing, if you choose to, you have the right to a predetermined hearing at 7:30 p.m. Tuesday, February 1, 2000, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. Yau may retain counsel. This service will be discontinued on February 9, 2000 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and delinquency? No response. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $53,884.84. I'll entertain a motion to approve the delinquency turn-off list scheduled for 2/9/2000. Bird: So moved. ( Meridian City Council Meetin'g February 1, 2000 Page 57 Anderson: Second. Corrie: Motion made and seconded to approve the delinquency turn-off list schedule for February 9, 2000. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Department Reports Corrie: Department reports, Public Works. Gary. A. Public Works - Gary Smith: 1. Ustick Road Water Line Improvements Change Order No.3: Smith: Thank you, Mr. Mayor, Council members. First item on the agenda is Ustick Road waterline improvements, Change Order NO.3. Your packet - it's all in number one on Brad Watson's memorandum. This had to do with the extension of a casing around the waterline as the waterline crossed Five Mile Creek on Linder Road. The amount requested for the Change Order and approved by the Public Works Department is $984. I think there was also an increase in the length of time on the contract of one day. So Public Works Department would be a recommendation to approve Change Order No. 3 for Bitterroot Construction for this 1999 waterline project, Phase I, in the amount of $940 and the addition of one day to the contract time. Do you have any questions? Anderson: I have none. Bird: Do you want to - Mr. Mayor, I move that we approve the Change Order No. 3 with Bitterroot Construction Company on Phase I Ustick Road improvements, 1999 waterline project for the sum of $940 plus one day added to the contract. Anderson: Second. Corrie: Motion made and seconded to approve the Change Order No. 3 for the amount of $940 plus one-day extension. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ( Meridian City Council Meeting February 1, 2000 Page 58 ( 2. Digester & Clarifier Facilities (Wastewater Plant) Change Order NO.1: Smith: Thank you. Second item is a request for Change Order to the construction project of the digester and clarifier facilities at the wastewater treatment plant. This is Change Order No. 1 from the contractor Turnkey Construction. The letter that you have in your packet from Keller addresses the six different items, seven items I guess there are, that were requested where they requested compensation. Keller Associates addressed each one of those and made their recommendations to us. The amount that was approved by Keller and the Public Works Department is $11,604.23 for those specific items with no increase in the contract time. As Brad pointed out in his memorandum to Councilman Bird, there is some money under this requested change order that's in dispute. So our recommendation would be to approve of the $11,604.23 for those items that were outlined in Keller's letter of October 29th. Anderson: For my clarification, Gary, is it $2,700 that's in dispute that's not included in the $11 ,604.23? Smith: If you give me just one second, I'll grab my calculator. Anderson: I don't know about you, but Shari and I don't have anything else that shows what this requested change order is. Smith: Mr. Mayor, Council members, Councilman Anderson, that $11,604.23 is the total of what Keller's recommending payment for, so it does not include the $2,700. Bird: (inaudible) seven items that Keller- Smith: Yes. Bird: Mr. Mayor. If there's no other discussion, I'll move we approve Change Order No. 1 with Turnkey Construction for the sum of $11,604.23 which makes their contract $3,126,600.23 and no addition to calendar days. Anderson: I'll second it. Corrie: Motion is made and seconded to approve the $11,604.23 increase in Change Order No. 1 and no increase in calendar days. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 3. Creason Lateral Trunk Sewer Crossing License Agreement with Nampa Meridian Irrigation District: r' ( { Meridian City Council Meeting l February 1, 2000 Page 59 Corrie: The third item I have is the license agreement between the City of Meridian and Nampa Meridian Irrigation District for sewer line trunk that we'll be crossing the Creason Lateral from the headworks of the wastewater treatment plant into the Bews Mini Storage development and then to the east on out to Ten Mile Road. But this requested license agreement is just for the crossing of our sewer line with the Creason Lateral, and that's - costs are being - requests for costs are being solicited right now for that construction so we can get this ahead of the irrigation season. This will be for a 36-inch diameter trunk that will be the connecting link for the no-name trunk and for the north slew. So I would request your approval of this license agreement with Nampa Meridian Irrigation District. Bird: I move that we approve this license agreement with the Nampa Meridian Irrigation District for the Creason Lateral trunk sewer crossing for the Mayor to sign, the Clerk to attest. Anderson: Second. Corrie: Motion made and seconded to approve the request for license agreement between the Nampa Meridian Irrigation District for Creason Lateral trunk sewer crossing. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Smith: Thank you, Mr. Mayor. Thank you, Council. B. Fire Department - Chief Kenny Bowers: 1. Idaho Power Easement Agreement at frontage of the new fire station 540 East Franklin: Corrie: Fire Department, Kenny Bowers. Bowers: Mayor Corrie and City Council members, thank you. The first item is an agreement between Idaho Power Company and the City of Meridian. Idaho Power's requesting an easement for relocation of powerlines across along Franklin Road on the north side. The relocation of power lines is necessary to meet the power demands in the area, and I believe their number one place they had to go to was Jabil to help them out. This agreement was looked over by our attorney, Bill Gigray. It was sent back to Idaho Power with some additions. They came back to our attorney, Bill Nichols, and he looked through it and everything was brought up to date. The figure that we're talking about from Idaho Power will be $7,504.75. We would approve having the Mayor sign this with Will Berg attesting it. Are there any questions? ( Meridian City Council Meeting February 1, 2000 Page 60 ( Anderson: The dollar amount, that's what they pay us for the easements? Bowers: Yes. Anderson: So we're getting back for that box finally? Mr. Mayor, I would make a motion that we approve the easement agreement with Idaho Power for relocating their power lines across the frontage of the new fire station and authorize the Mayor to sign and the Clerk to attest. Bird: I'll second that. Corrie: Motion made and seconded to approve the Idaho Power Easement Agreement for the frontage f the new fire station, 540 East Franklin, and the City received $7,504.75. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Change Order NO.3 for work at the new fire station of $418.16: Bowers: Thank you. Item 2 is a change order for our new fire station on Franklin Road. Change Order No. 3 will be - we are deleting a projection screen in our training room. We are looking at a different style of screen, deleting that we will get $215 back. We are also deleting a sign - a light that's in front of the fire station that shined back onto our new sign that says Meridian Fire Station. The reason why we are deleting that light is because our sign is lit now inside the sign. So we are deleting that light fixture out front. That was $89.94. Where we put the sign on the building, we had to relocate the downspout. They did not charge us for that. It's pretty nice on that part of it. The next, D, we decided that the inside of the bays would look much cleaner and stay cleaner if we did not paint the bays, the bay rooms. That's where our fire trucks sit. From starting that all the time with the diesel, that the white walls - we would be washing them all the time, so we decided to go against painting that, but we did need to fill it, seal it. Of course, the sealer that we chose - that they chose for us cost more than the paint. So that would be a $556 increase. Also, Item No. 2 is add a shelf. Now, we added a shelf inside the kitchen and living area in the fire station. That cost us $167, but we will get that back from ZGA. They are going to pay for that later. So we will get a credit from ZGA for the $167. So the work order change for No. 3 ended up $418.16. Are there any questions on work order No. 3? Anderson: Mr. Mayor. I would make a motion that we approve the Change Order No. 3 for the new fire station in the amount of $418.16. Bird: Second. i Meridian City Council Meeting February 1, 2000 Page 61 (~< Corrie: Motion made and seconded to approve Change Order No. 3 in the amount of $418.16 as requested by the Fire Department. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT 3. Change Order NO.4 for $922.00: Bowers: The next item will be Change Order NO.4. This will be also at the fire station on Franklin Road. They had to adjust the height of the existing sewer lid in front of the station. That ring and the adjustment was going to cost us $164. They had to provide an attic walkway and light switch with two lights above the bays. We decided to go with an alley walkway up above instead of mounting a metal ladder on the side of the building inside that we would have to also purchase the safety equipment that went along with climbing a ladder. Adding the ladder and the safety equipment that we'd had to buy, we would be into it the same amount, same dollar value. So the attic and adding the light switches was $1 J 158. The reason why that attic ladder or the - the attic walkway or the ladder had to be added is because we've got a motor up there and they have to service it. So by mechanical code, we had to put a ladder and a landing up there. We would have had to do the landing. So we decided to do the walkway instead. Anderson: What side of the building is that on? Bowers: That is on the west side on the north - northwest. Anderson: The living quarters? Bowers: Above the living quarters, yes. Anderson: What's the motor for? Bowers: The motor is part of - you know, I was going to say it was part of the exhaust system, but now that we get to talking about that, I think both exhaust systems are up front. But there is a motor up there for something, and I'm not sure what it was, Ron. I can't remember what it is either. But we thought we'd rather have the walkway up above instead of the ugly ladder sticking out and have to buy the safety equipment to climb the ladder up and down. The harness Anderson: The walkway will be out in the bays? Bowers: No. It'll be above the - you won't even see it. Y ouJII - you know where the generator is at? Okay. You climb up there and then walk right all the way across. In between the beams. No.3, provide and install floor underlayment. What this is is underlayment that goes in between the wooden floor and the floor covering that we picked to put down. This was $2,836. Paul from ZGA, Beniton and the contractor that was going to lay the flooring down argued about this for (' Meridian City Council Meeting February 1, 2000 Page 62 ( many, many weeks. Finally Paul called me one day and said they've come to a standstill. Nobody is going to pay for it on their end of it. It was not in the spec bids and it had to be there, but - like Ron says, you bid the trusses and then you come back and ask for the nails later. It's kind of the way it's ending up being. So instead of holding up the project which I believe it was gong to, and ZGA believed it was going to, too, I went ahead and told them to go ahead and do the flooring underlayment. That came up to $283.36. Item No.4, curb changes. The contractor from Beniton came to us and asked us if we would like to change the curbing around the fire station. We were getting into the cold weather, they were afraid we were not going to get any concrete to pour curbing, so they asked us if we would rather go with the excruded curbing which goes on top of the concrete, asphalt. We discussed this for many weeks. Councilman Anderson, myself, ZGA, and we decided that we would like to do that because of the timeframe and the colder weather coming in. Also, in front of the fire station, we still had them do the old style curbing that goes down into the ground and curves in. The reason why we did that was because that was where the trucks will be pulling in to back in. So we thought they would be possibly being hit by the fire trucks, so we went with the old style curbing. Both curbing has a one-year guarantee. So it didn't make any difference if it broke or what, within one year if it was underground or above ground, they would have to replace it. That was a minus $1,956. Now, we were talking about they were going to give us a $3,000 credit around that area, but as I was telling you, in front of the fire station where the trucks pull in, and we had them pull the older style curb that goes in the ground, we had them bring in more gravel and compact that a little bit more so the curbs would not be moving as much. So that took about $1000 extra there. Also, our landscaper said that the leading - the plastic lawn edging he thought would be a very good idea knowing firemen the way they run lawn mowers around that we would be cracking and breaking the plastic edging within months. As you can see, it was a pretty good savings at $1,280 for a total of $922 for Change Order NO.4. Anderson: Mr. Mayor. I would make a motion that we approve Change Order No. 4 on the new fire station. Bird: Second. Corrie: Motion made by Mr. Anderson and seconded by Mr. Bird to approve the order - the Change Orders on No. 4 for the fire station. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: Before Kenny goes on, I'd like to say something. You know, that building - it seems like we've had a lot of change orders in here, but they haven't amounted to a hill of beans. I think the pre-planning and everything that was done by Kenny and Ron and their committees attest to the fine job that if you do ( Meridian City Council Meeting February 1, 2000 Page 63 ('-- - a little pre-planning, it pays off in the end. I don't know how many you've got (inaudible) out there, it's a beautiful building. I'm sure we're a month away from getting in. I would just like to compliment them, and I know that Chief Gordon is going to go down this same route with the planning, and hopefully the building of the new fire station. I just want to thank Ron and Kenny and the committee that's done such a fantastic job on that building. It's a very nice building. Bowers: I believe if we take out the Idaho Power Change Order, I think we'd be in at under $10,000 for Change Orders. Bird: You are and that's great. 4. Accident Insurance for the volunteer firefighters: Bowers: The third Item - the last item is insurance for our volunteer, on-call personnel. This is an accident policy that we have received from Lonestar for our department. Lonestar sent the City of Meridian stating that Lonestar has been bought out by another company and that any new firefighters that we put on we cannot put them on the same program as what we have the older firefighters on. Dennis Pratt came and talked to the rural commissioners as you know, and the rural commissioners were real happy with the new program, the new accident insurance. Right now we're paying $13.75 a fireman on that part. I was under the impression from Dennis Pratt that nobody was going to be able to get insurance or as of January 1, we were all out of insurance, but that's not the case. I put a Lonestar paper in Keith's box and Ron's box so they could kind of look at that. I mentioned this to Pauline or she had heard about it and she suggested that we get with the City Brokers and go out and make sure we're getting the best price for our insurance. If we have to do that, then we'll have to go back to the rural commissioners and then wait another month for them to approve it or whatever. So I'm just wanting to kind of have a suggestion from you on which way you want to go. If that's the way you want to go is check with the broker and see if we are - we'll get the best price. She wasn't able to get any facts or figures today from the broker. They're meeting tomorrow, so we're kind of one day late on figures. Also, this is just not the firemen either. There are several city employees that have extra policies through Lonestar like myself, John Shawcroft, several employees that do have extra insurance, cancer, that it has to be looked at also. Corrie: Let me clarify that, Council, just a little bit. Human Resources wanted to check and see if the changes were equal instead of compete with what they had. If they were - I don't have any problem with going ahead with what Mr. Dennis Pratt suggested that the rural fire okayed it, you pretty much okayed it. Just make sure that the coverage is the same. We don't want to have less coverage or something from one to another. My suggestion to her was it's fine. Bird: Is it the same, Mayor? ( Meridian City Council Meeting February 1, 2000 Page 64 ( Corrie: We'll find out tomorrow. I think it probably is. There's a little difference in the coverage, but it may not be enough. If it's a lot, then we need to bring it back to Ron and have him go (inaudible) rural and tell them what the difference is because you want to keep it as close as you can. The other - those that have that coverage now keeps that coverage. They just can't add new people (inaudible) but they get to keep the same coverage. Bowers: Mayor Corrie and City Council members, Pauline told me today that this new insurance that we had looked at does not have any cancer or anything else. So it is different than our Lonestar policy. Corrie: So we want to make sure and let you know what it is then. Anderson: Mr. Mayor. I just have a question. I guess it's just for clarification for me. I'm unclear what the process is to do this and Kenny and mentioned that our broker was going to check prices, and that's where I'm unclear is when we say "our broker" I thought Dennis was our broker for this type of insurance. I don't know. Do we have different brokers for different types of insurance for the City? Corrie: The City has one broker, and that's part of their service. There's no charge for that. They just make sure the coverage is equal and everything else. Dennis Pratt is the agent with that company that he suggested we do it. He just - as far as I've ever had, not a whole lot with the City and the brokerage. So what I've asked that the person we have the - used to be James Company, they look into that company and get a reading about it and what it is and give it back to us and say, yes, this is fine, no problems here. But you need somebody to do that that's got the ability to do it, and the agent we have does that for no charge. It just makes sure that everybody is fairly equal because there's so much insurance coverage that are different, like this one doesn't want to give cancer, but the other one did. So just to make sure that they're fairly equal, and if they're not, you should be aware of it and you can make your decision based upon what they find. Bird: That's a big difference if you don't offer cancer and stuff, but I understood that Dennis was the agent for the previous - Corrie: He was. That company was bought out by another one. So he suggested that we go to this one, and he will still be the agent, it's just a matter that we're trying to make sure that you have all the information that you can make a decision, that's the company that you want to go with. Bird: Let me ask a question. That Lonestar, now they just won't cover us anymore? They'll keep the grandfathered ones, but they don't want any new accounts? ( Meridian City Council Meeting" February 1, 2000 Page 65 Corrie: There isn't any new accounts. They're not there anymore. Anderson: And for clarification, too, that when you say they don't have cancer, those are additional policies that you buy. They weren't part of that original policy. They're all offered by Lonestar, but they were additional premiums and additional policies that you bought for that. Bird: What did we buy for the firemen? Anderson: Just accident insurance. Bird: That's okay. You answered my question. Also, does this new one offer if you want to pay the extra to the cancer? Most of those will offer that same program. Bowers: Pauline said it did not. Bird: We just approved the accident, and the City just pays for the accident on the volunteers. Bowers: But you can still be an accident policy through Dennis. Might not be through this thing - Bird: I understand. The cancer one - Corrie: (inaudible) The primary thing that we want to look at is that the volunteers have the same thing as the others. I don't foresee any problem, but it's just better to make sure the City doesn't get into a bind somewhere. Anderson: So on this, then, do we need to table this and put this on our next meeting agenda, and you or Pauline will have the new information to us about the insurance so we can make a decision at that time? Or maybe if this turns out to be the best, then at that point we approve it in two weeks? Corrie: Yes. We can or we can just - Anderson: I guess we don't have to do anything here. Just inform us about it. Corrie: But you need to be informed of what the insurance company - Bird: But before we vote on it, we need to know if they're equal. Like you say, Ron, the next two weeks the Mayor can come back and say yeah, this is the same or it's not the same. Corrie: (inaudible) All right. Since that was the last item, )'11 entertain a motion that we go home and get Shari in bed so she can get up early tomorrow. ( Meridian City Council Meeting (, February 1, 2000 Page 66 ( Bird: So moved. McCandless: Second. Corrie: Discussion? Anderson: I had one more item, but 1- Bird: Go ahead. I'll withdraw my motion. McCandless: I'll withdraw. Anderson: I just wanted to ask a question, billing thing. We had seen a letter in our baskets from Tim Rhodes for concerned citizens or whatever it is, organizational. It was about multiple billings, and I've got this letter of explanation from Leslie Howard, but I was a little unclear on here the reasons at the bottom for the extra mailings was that someone had shut down the computer and printer at night and then when it came on that it restarted, but then it also shows that we did, I'm assuming that we did mailings, we did it four months in a row that - I'm having a hard time understanding. Did we shut down the computer four times wrong and it reprinted bills? Berg: Excuse me. Thank you, Mr. Mayor. That memo was - the information that Tim Rhodes requested was the four months to show that we don't have a consistent number that we send out each month because we grow or people move or dumpsters get changed or whatever. So there is a little bit of inconsistencies as far as the exact number of additional billings that we have each month. You had four different amounts, but then you could see there was a larger one for - Anderson: I guess, consistency, though, I could say I average those four months, and I have about 12,000 mailings a month. But my question was when the letter form him stated that several people got three or four bills, is that erroneous? Is it not erroneous? Bird: No. It's right. Corrie: It's right. Bird: I can name your one that got five. Anderson: So then our numbers if a lot of people received that, then these numbers would be a lot more than that. Corrie:. There was about a hundred (inaudible) ( Meridian City Council Meeting c, February 1, 2000 Page 67 Anderson: Just a hundred of what, 12,000? Corrie: Post office fouled up the same time. Do you know Mr. Rhodes? Anderson: I think I know him, but I don't know. If it's the same guy I'm thinking of. Corrie: Yeah. It was about 100 that got screwed up on. They got the computer Anderson: Is it fixed now? Corrie: Not to say there will never be another glitch, but computer company came and got it straightened out. Whenever the computer's turned off, it doesn't go back and start all over again. It stops there and starts there. Anderson: And then since I'm just complaining, I'll just state this one time. I don't know who thought of the idea of having an itty-bitty envelope to mail it in and a great big statement, but that didn't make a lot of sense to me. You have a little bitty envelope and you have a great big full-sized bill. It seems to me they should have made the envelope - Corrie: Okay. I have a motion before the house to adjourn. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meeting adjourned at 11 :35 p.m. (TAPE ON FILE OF THESE PROCEEDINGS) \' \~1" ft n" "ll :\.\' f &.lr- 1I11 ,'\.~..-I 0 .vu::.l71h6 11.1, ATTEST: ,'\.' ~ '""\ ~4... ~ ~~... c} cp'fIPO~); . Vi;' ~ ~ ~~ ~<.) ~ ~ ~ E a 7: SEAL ~ -~ ;. i! ~ ~ , ~ "'~.o S ~ ~ ~r 1S"t ' ~.ff ~~ ~"" '~ -"-".0 t!'"\\. " :.t*',f. r\I ...........1 . '" ",~ 'q,/ ""'UN 11 \\\\ 1IIItlJ'ft1'U.\\\ ( RESOLUTION NO. 2 q B BY: Ke/fIL girtV A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANIe, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of tl1e City of Meridia11 to e11ter il1tO al1 agreel11e11t with IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., all Idallo Corporation, delloted as "AGREEMENT", a copy of w11ich is attached hereto lnarlced as Exhibit "A" to this Resolutio11, the reaS011S and authority for which are as set fortll ill said Agree1ne11t. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor a11d ClerIc are 11ereby aLlthorized to ellter illto a11d 011 bellalf of the City of Meridial1 that certain agree111ellt witll IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., al1 Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridiall alld IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., all Idal10 Corporatiol1, a copy of which is attached hereto luarlced as Exhibit "A" to tllis Resolution alld to billd this City to its terlTIS al1d COl1ditiol1S. RESOLUTION AUTHORIZING THE MAYOR TO ENTER - PAGE I OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANICAND CHERRY LANE RECREATION, INC. (' PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, t11is day of (iz6r?ta/ltf ,2000. / S-p APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of r.ehYkt/Vlj ,2000. \\\"\\\("11/'1/1 \\,\ f &Al:"."..III/ ,,\\..J o. .V~'1. 11// ...." ~ " ---<Jlt:t /"/ $' c} . ~0Jl4 -1~ ~ 2 ~G ~/\ ~ .::: ~ v ~ ~ - 2 ~ /~ ATTEST: 111SglZ:\ W ork\M\Iv1eri dian 15360 M\Cherry Lane Land Exchange\IdIndepntBkCherry LanAgm t. Res RESOLUTION OF THE CITY OF MERIDIAN - PAGE - AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. Tllat I alTI the duly appointed alld elected Clerl( of t11e City of Meridial1, a dLlly il1corporated City operati11g Llllder the laws of the State of Ida11o, witl1 its prillcipal office at 33 East Idaho, Meridia11, Idallo. . 2. That as the Ci:y Clerk of this CiYr I am the cu?todian of its records and mmutes and do hereby certIfy that on the / Y day of U.6ru-GVL-~ ,2000, the following action has been taken and authorized: (J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAlN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAlD MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANI( AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is ill the best interests of the City of Meridiall to ellter i11to al1 agreemel1t with IDAHO INDEPENDENT BANI( AND CHERRY LANE RECREATION, INC., an Idaho Corporation, delloted as "AGREEMENT", a copy of whic11 is attached hereto lnarl(ed as Exhibit "A" to this Resolutiol1, tl1e reaSOl1S al1d authority for which are as set forth i11 said Agreelnel1t. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerl( are hereby authorized to enter illtO a11d 011 behalf of the City of Meridian tllat certain agreeluent with IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., all Idaho Corporatioll, entitled "AGREEMENT", by a11d betwee11 the City of Meridia11 al1d IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., an Idallo Corporatio11, a copy of which is attached hereto lnarl<.ed as Exllibit "A" to t11is Resolutiol1 alld to bi11d this City to its terlTIS and COllditions. \\n\\rlfI11tlll/ \.\\\ c:" 'EFt III " 01- IV: . }~..... 11/ " ...C .'vl ,I/- " ~" ~"<l // ;-' 6 ~~POFL1 ~ ~?~ ::: ;:.G .$"0 ~ ~ ~ ~ ~ - SEAL - ~ILLIAM G: BERG, J "Y &,;:r, ~ vQ ....~ 0 .{LITY CLERIC ~ ~o .Us; 15\' ~;: '/ ~.} ^~ ~ ...../ f C\ \\..1 \.' ....// OUN'Y'l, .....'..' " '> II _ ... \ \ \ \ \ IJl:i;~nl ;nn\\ STATE OF IDAHO, : SS. COllnty of Ada, On this day of F~in fA.- CiA ~ , in the year 2000, before me, Sheib E. ri~ Lf a Notary Public, appeared WILLIAM G. BERG, R., lmown or ide11tified to nle to be the City Clerl<. of the City of Meridiall, Ida11o, tl1at executed the said il1stnllne11t, a11d acl<l1owledged to l11e tl1at 11e executed the san1e on behalf of the City of Meridiall. (SEAL) ........ .- <: tJ .. .:.:.1 J;!:'_-_G~.. ..~~" TA ;,:-, · ...... ~'~O ~ ~', . .~~, .A ' · . ,...,.", I \ . .~: * *..A.. \N- :00: if( :>: · \ 1 " . \ I . . \ ~ . . ' ..A-_. C I . .\P~'ZUJjL~ -:~o. +. :1~----"" ~... ...~OFn:> .+ ........ N~licforIdaho Commission Expires: q /Zb!fJO msg/Z:\ W ork\M\1V1eridian 15360 M\Cherry Lane Land Exchange\CER T ofCLI(for ID lnded ptB kCherry Lanefor RES 280n MR - 9 PF1 1: J 5 ( RECOHDED - REQUEST OF l 7 f2tfi;~OE?UT~ 100017942 ( ADA CUUNTY RECORDER J~ D,l\V~O Nt,V/\HF:O P Ci J ~ ::. f C /; : i 0 AGREEMENT MERIDIAN CITY City of Meridian Idaho Independent Banl( and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this / S-I;? day of fi?.6rtUV/,te ;20017, by and between the City of Meridian, Idaho, a municipal corporatioll, erei11after referred to as "City", al1d Idaho Indepe11de11t Bank, a11d Ida110 corporatio11, 11ereil1after referred to as "Baluc", and CherlY Lane Recreatiol1, II1C., al1d Ida110 corporatio11. Parties: 1. RECITALS: 1.1 WHEREAS the City of Meridiall has issued a conditiol1al use perlllit to Cherry La11e Recreatio11, Inc. for tl1e Golf Course Clubhouse, Parl<.illg Lot and Telnporary Clubhouse at 4200 Talal110re Blvd. Meridial1 Idal1o; al1d 1.2 WHEREAS the COllditiollal use per111it COl1taillS the followil1g COl1dition: L~'1.20 The telTIpOrary clubl10use shall be used for a period 110t to exceed seve11 (7) 11l011tllS frol11 t11e date of this order. Prior to 1110vil1g of tl1e telllporalY club110use, a letter of credit or casl1 shall be received by tIle City of Meridial1 as a guara11tee for COll1pletiol1 of tl1e perll1al1ellt clubhouse a11d parld11g lot il1 tl1e alTIOU11t of Five HU11dred Thousa11d al1d No/IOOths ($500,000.00) Dollars."; a11d 1.3 WHEREAS, il1 order to COlllply"ritI1 COl1ditioll 1.20 of the C011ditiol1al Use Perlnit a11d to C011struct t11e illlprovell1el1ts per111itted by t11e C011ditiol1al Use Perll1it, C11erry Lalle 11as requested loalls alld otl1er fi11a11cial aCCOll11TIodatio11s froll1 Ba111( ,vl1icl1 the Ba111c is willil1g to provide UpOl1 ,rarious C011ditiol1S, "rllicI1 cOl1ditio11s il1clude as seCllrity a leasellold deed of trust Up011 Cl1erlY La11e's lessees' il1terest il1 t11e real property, ~r11ich is the subject of tIle Agreell1e11t of Lease, al1d i11 AGREEMENT - Page 1 ( additioll the Banl( reqLIires the City to agree during the terl11 of t11e leasehold deed of trust that no modifications of the Agreement of Lease be undertalcen vvithoLlt t11e City first notifying the Banl(, in vvriting at least 90 days prior to the effective date of any modification, of the City's intention to 1110dify the Agreement, and that i11 t11e evel1t of default by Cherry Lane under the ternlS of the Agreelne11t of Lease t11e City WOLIld notify the Banl( of StIch defaLllt in "vriting a least 30 days prior to taldng any action to enforce any of the City's Rights LInder t11e Agreement of Lease, during which tilne the banl( vVOLlld have the option to cure the default or tal(e such other action as may be necessary to protect the Banl('s seclIrity interest in the Agreelnent of Lease; and 1.4 WHEREAS Meridian is vvilling to enter into SLICh an agreel1lent to provide the Banlc SLICh notice only llpon the consideration that Cherry Lane agree that the funds received from any loan from the Banl( vvhich is seclIred by the Leasehold deed of trLIst be Llsed exclusively for capital improvements in the constrLlction of the improvelnents referel1ced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Banl( and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosLlre by the Banlc of the Leasehold Deed of Trust shall have the exclusive first option to purchase froln the Bank the note and all collateral, in the an1ou11t eqtIal to the total amount then owed to the Banl( by Cherry Lane together vvith all costs, expenses, and fees of the Banl( vvhich could not be exercised until a time subseqLlent to the expiration of the Letter of Credit issued by the Banl( pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to Inaintain the golf course Meridian ,upon 7 days prior written notice in the case of immi11ent peril with risl( of loss to fairvvay or greens, could elect to maintain the golf course a11d premises to avoid loss of fairway or greens, and to be reilnbursed for said reasonable costs only in the event either Cherry Lane or the Banl( fails to provide written assurance to Meridian to tal(e steps to prevent SLICh loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of CaslIalty loss insurance for a reasonable amOLlnt of coverage for replacement of improvements, including sprinlder system, fairway and greens, clubhouse, parl<.ing facilities and any and all other improvements thereon and liability insLlrance in an alTIOunt COffilnenSLIrate vvith the coverage as carried by other 18 hole golf COlIrse facilities which are privately l11anaged in the Ada/Canyon COll11ty regiol1 AGREEMENT - Page 2 r- r \ of Idaho, and in no event less than the amount of liability provided tInder the State of Idaho Tort Claims Law presently codified at I.C. S 6- 926, or as it may be alnended in the future vvith Meridian being designated on said insLIrance coverages as a co-insured. 1.5 WHEREAS Banl( and Cherry Lane are agreeable to the C011sideratiol1 required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: l1leans and refers to that certai11 Conditio11al Use Pem1it vvhich vvas issued by the City of Meridian to Cherry Lal1e Recreation, Inc., an Idaho Corporation for the construction, LIse and maintenance of a Golf Course ClubhoLlse, Parldng Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP-99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Banl(: means and refers to the Idaho Independent Banl(, an Ida110 corporation with its principle address at 317 N. 9th Ave., Boise, rD 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation vvith its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Banl( and Cherry Lane which secures the Banl('s loan to Cherry Lane in the leasehold interest of Cherry La11e to the Agreen1ent of Lease. 2.7 Golf Course: means and refers to the golf course vvhich has beel1 developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 I { ( NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follovvs: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and bi11ding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANI(, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding Llpon Banl(, Cherry Lane and Meridian as follovvs: 4.1 During the term of the Leasehold Deed of TnIst no nlodifications of tIle Agreemellt of Lease shall be under tal(ell vvithout Meridian first notifying the BanIe, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the tern1S of the Agreement of Lease, Meridian shall notify the Banl( of such default in writing at least 30 days prior to taldng any action to enforce allY of Meridian's rights under the Agreement of Lease, dLIring vvllich time the banl( is given the option to cure the defaLllt or talce sLIch other action as may be necessary to protect the Banl('s security illterest in t11e Agreement of Lease. No lTIodification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the banl( the note and all collateral, in the amount equal to the total alnount thel1 ovved to the Banlc by Cherry Lane together vvitl1 all costs, expe11ses, al1d fees of the Balll(. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the banlc pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to banl( by no later than 3:00 p.m., Mountain time, on the business day prior to any schedllled foreclosLlre sale. The Banl( shall give Meridian notice of foreclosLlre and of date of sale which shall include notice of this exclusive first option. Meridian may file a reqllest for a copy of notice of default or notice of sale, AGREEMENT - Page 4 ( (- pursuant to I.C. S 45-1511, and the BanIe shall provide Meridian vvit11 the necessary inforlnation on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice a11d the Ba111( shall also cause Meridian to receive notice in the manner provided for i11 I.C. S 45-1505 at the address of Meridian herein provided even in t11e event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trLlst by Cherry La11e and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Banle and that Cherry Lane in the case of imminent peril of risl( of loss to fairway or greens Meridian has elected to maintain the golf COLlrse and premises to avoid loss of fainvay or greens and shall be reimbursed for said reasonable costs, bLlt 011ly in the event either Cherry Lane or the BanIe fails to provide vvritten assurance to Meridian to taI<.e steps to prevent such loss. Meridian shall provide vvritten notice of costs incurred under this section to Banl( alld Cherry Lane which shall then become due and payable within 30 days of the date of vvritten notice. Any sum so paid by banle to Meridian shall be immediately due and owing by Cherry Lane to Banle and llntil paid to Banl(, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Banl(. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridial1 as follows: 5 .1 The funds received froIn any loan from the Banle vvhich is secured by the Leasehold deed of trust will be used exclusively for capital improvelnents in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide writte11 proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Banl, may provide such information to a duly authorized agent of Meridian. Reqllest for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Banlc and Cherry Lane shall respond vvithin 21 days of the date of the request. In the event Meridian determines there has beell a default of this section, it shall notify Cherry Lane and the Banl<. in vvriting of the clailTI of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 (- to cure the default. In the event the default is not cured, the BanI( s11all release all such infor111ation to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon C11erry Lane and Meridian and shall serve as an amendment to their Agree11le11t of Lease as follovvs. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of CaSLlalty Loss Insurance for a reasonable amOLlnt of coverage for replacement of improvements, including sprinlder system, fairvvay and greens, clLlb house, parldng facilities and any and all other improvelnents t11ereo11 and liability insurance in an alnOLlnt comn1ensurate vvith the coverage as carried by other 18 hole golf course facilities vvhich are privately mal1aged in the Ada/Canyon County regiol1 of Idaho, and in no event less than the amOLlnt of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. ~ 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Banl( is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trLlst and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreelnent by Cherry Lane is a failure to apply fllnds obtained frOITI the Banl, for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incllrred by Meridian pursuant to section 4.3 of this agreement and a defaLllt of requirement to carry insurance pursLlant to section 6 of this agreelnent. 8. REMEDIES: 8.1 In the event of default of BanI, no foreclosllre sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs pILLS interest at the statutory rate froITI the date of notice of the amOLlnt of costs inC1..1rred vvas given by Meridian. AGREEMENT - Page 6 f ' I 8.2 In the eve11t of default of Cherry Lane, it shall hold the Banl( harnlless from any claim herein of default by Meridian, and in the event of a failure to apply funds received froITI the BanI, from the loan and or to provide informatio11 as provided in section 5.1, Cherry Lane shall be il1 default of the Agreelnent of Lease and in the event of failLlre to pay reasonable costs as provided in Section 4.3, the alTIOLl11t of costs pIlls interest at the statlltory rate from the date of notice of the amOl.111t of costs incurred vvas given. 9. GENERAL PROVISIONS Section 9.1 : Non-Waiver. The failure of a party hereto to insist UpOll strict perforlnance of observance of this agreelnent shall not be a vvaiver of any breach of any ter111S or conditions of this agreement by a11Y other party. Section 9.2: Conflicts of Agreement vvith Applicable Law. In the event any provision or section of this agreement conflicts with applicable lavv, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from a11Y of the acts to be performed hereunder or the alleged breach of this agreelnent, except for an agreed declaratory jLldgtnent action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to vvhom notice to be given, or on the third day after mailing, if mailed to the party to vVhOlTI notice is to be given, by first class Inail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify tIle other of a change of address, properly addressed as follows: City of Meridian Attention: City Clerl( 33 E. Idaho Meridian ID 83642 Idaho Independent Banl( 3.17 N. 9th Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9. 7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and subnlit proof of such recording to the parties. AGREEMENT - Page 8 (- ( /htJll,/ t//~ IN WITNESS WHEREOF, the parties have executed this Agreement at ,Ada COLlnty, Idaho, the date written below. CITY OF MERIDIAN Attest: :: SEAL ~ y~ 8' --:. ~ . -~t ,OJ 0 ::: ~ '() \S'r 151 · ~~' ~/....~ ~,~ ///I'~I OOU~n'( . ~\"'" /lll;/~;1~ nH"\\\\ 2aa BY RESOLUTION NO. ~I 0 IDAHO INDEPENDENT BANI( By: -(~4Ii/ . Cherry Lane Recreation, INC. By: ~~~_ d) ~) Wallace D. Lovan By: {~~c:rz/~ Venita I. Lovan AGREEMENT - Page 9 ( (- ACKNOWLEDGMENTS STATE OF IDAHO) :ss Coun ty of Ada On this /Sf- day of Feb1LlMt;[ , in the year atJo , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ...... .... a-. .. ~:?.=._- -9~... .~~oT~;~~1. ..J:q,/ ""r ..,...... \~~ lite' ~.d.. * \N- :00: ~ ~ :>: . ' I ~ . \ : . . \ I . · \ A_ . C ~ . · O>~'<:..~BL~ ~~o . +. :'1~...__.....- ~... ..~.eOF1P .+ -. . STATE OF IDAHO) ..... (SEAL) :ss COUNTY OF ADA ) 1iJ;' NothbliC for Idaho Commission expires: 1/217/00 On this srd day of Marc-h , in the year ..2000 , before me, a Notary Public, personally appeared 8t.fYl1;f;l. }.IlA-J--j-/'5@Y) ,known or identified to me to be the Via frl5,'dmt c+ ;V]antlqbtDf the Idaho Independent Bank, and acknowledged to me that he executed the instrument as ViC-l- fre-5/d~trf of )l[C[Yl~ of such bank. . (SEAL) ".......,,'. ~~~ I,,, .....' -.'\ ~ B. N O./J ~.~ ~..' '\.\~ ........ :(,J\.'#~ 4, ~..- -. v .. ~"q ) .. : ~ ... ~ ~R Y '- :E-tl 0 ~. : <: ~ .,.' v i :u: ~ 0= '; .. P-oft\l, tz: I ., }" e. . ..,. , ~,... e. ... .<"'\.., ~ .........." J' ........ olQ '\v ~..'" ##### r;\ TB 0 ~ ,....41; ,.,..,......",. AGREEMENT - Page 10 ~~~ Notary Public for Idaho Commission expires: /0/'2'7 ):;..00.3 ( ( STATE OF IDAHO) :ss COUNTY OF ADA) On this 9' G day of FeKJteU.4f'Z '/ , in the year 2OcJO, before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the fl/l6~ (.oaf/and .> Ec..I2ern-~y of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as P;z e.J{OEF-<:r and S e c./l.cr;q~y of Cherry Lane Recreation, Inc. (SEAL) ""......... ",,,'\ E ." ....... ~\ ~ · NO #',. ..... .o:Y\-- ....... 'IJ ~ ;,## ~ .~-... .. ~~ ., .: ~.. ., \ $ ~ : ~ ~R Y 'i - ..!:::.. 0 ..... . : -<. ~ , i?: : u : ,. CJ : : ~ \: 10 = :. · POf-Y ..~~ ., ~ e. . ~~ ~ ':.. ~ . .. ..,.. ~ ., .. .- .<"\ y' ... #.. .r ....... \. V .... #"'#1 }'t .r1 TE 0 ~ t~.~'" .f,...,......". ~ !!.~ Notary Public for Idaho Commission expires: /0/ 1-7/-:2-00 3 ey /Z: \ Work\M\Meridian 15360M\ Cherry Lane Estates \ CityBankRec.Agr AGREEMENT - Page 11 / \ RESOLUTION NO. 29B BY: ~e /1 It gird.! A RESOLUTION OF THE crn COUNCIL OF THE CIn OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE IvlAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALIn, AN AGREENIENT ENTITLED HAGREEMENT", BY AND BETWEEN THE CIn OF lVIERID IAN , IDAHO INDEPENDENT BANI(, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE crn OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to e11ter into an agreell1ent vvith IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of vvhich is attached hereto marI,ed as Exhibit "A" to this Resolution, the reasons and aLlthority for vvhich are as set forth in said Agreel11ent. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follovvs: I. The Mayor and ClerIc are hereby a1.1thorized to enter into and on behalf of the CityT of Meridian that certain agreement vvith IDAHO INDEPENDENT BAt'JKAND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and betvveen the City of Meridian and IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of vvhich is attached hereto n1arl,ed as Exhibit "A" to this ResolLttion and to bind this City to its terms al1d conditions. RESOLUTION AUTHORIZING THE l\1AYOR TO ENTER - PAGE 1 OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC. (-- /"~p l)ASSED BY THE COUNCIL OF THE CITY OF MERIDIAl"J, IDAHO, t11is davof Ii 6 rtuVle,L , 2000. ~ I 0 /~f APPROVED BY THE i\iLAYOR OF THE CITY OF MERIDIAN, IDAHO, t11is day of ;:e f)YkCV1..J ' 2000. \\\\\HI1I111//, \\\ MIll ,\\ \...J Of .EF{;~.., 1//" "" ~, -<../0. //........ ~ .... c} ap()J:) ~ /Iv ~ :: cO" --- Vl ?'-~ --;.. f ~ () \ ~ SE.t~L ~ ? .&>:= - ~ ,OjO~ ~.. ;'~ "0-Sr 15\ ' x:.f . ///.... ....J ..., f) ~ "...."" ATTEST: "I'>/;OUrtri · \\\\,\, I/fU1Jn :l~\\\\\ ms glZ: \ vV 0 r k\Nl\N1 eri di an 1 5360 lvl\Cherry Lan e Land Exchange\! d I ndepn tB k Ch erry LanAgm t. Res RESOLUTION OF THE CITY OF MERIDIAN - Pi\GE - AUTHORIZING THE NlAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 ( CERTIFICATE OF CLERI( OF THE CITY OF I'vIERIDIAN I, t11e llndersig11ed, do 11ereby certify: 1. That I am the duly appointed and elected Clerk of the City of Nleridian, a dld)," i11corporated City operating ll11der the lavvs of the State of Idal1o, vvitI1 its pri11cipal office at 33 East Idaho, Meridian, Idal1o. 2. That as the City Clerl( of this City" I alTI the Cll?todia11 of its records and minutes and do hereby certify that on the / Sp day of a61--u..Cl./l...~ ,2000, the follovving action has been tal(en and authorized: (J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE IvlAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANI(AND CHERRY LANE REC~TION, INC., Al"J IDAHO CORPORATION. BE IT RESOLVED BY THE IvlAYOR Al"JD COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement vvith IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of vvhich is attached hereto marl(ed as Exhibit "A" to this Resollltion, the reasons and authority for vvhich are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE IvlAYOR AND CITY COUNCIL, as follovvs: 1. The Mayor and Clerl( are hereby authorized to enter into and on behalf of the City of Nleridian that certain agreen1ent vvith IDAHO INDEPENDENT BANKAl"lD CHERRY LANE RECREATION, INC., an"Idaho Corporation, entitled "AGREEMENT", by and betvveen the City of Ivleridian and IDAHO INDEPENDENT BANI(AND CHERRY LANE RECREATION, INC., an Idaho ( (0 CorpOratio11, a copy of \v11ic11 is attached l1ereto nlarleed as Exllibit "A" to t11is ResollltioL1 Cl11d to bi11d tllis City to its ternlS and conditiollS. \\\UfllJl{fllt \\\\ &1 1111 ,"\\....s Of lY:EJ:t~D. 11/// " ,;(, ~.~ /'" " ,'\ 1t1 "~/ .$ CJ o~.?oFt4 r. ~..~ :: ~G ~o ~ ~ ~ - ~ ~ SE~\L WILLlAL\ll G.' BERG, J r>:> -;. 7vQ . ,\Cjo ,0 -2'Z:ITY CLERK ~.. ~6 ,/"'s, 1 S\ 9 '<~~" . .I' .'- J <"'\ '?- " /// ~ r\ \\.1 \.' //1, '-OU~J.\"'i. \,' ';,/ c 1".1 \\\\ Illi:}~n ::~\\\\\ STATE OF IDAHO, ) : S5. COLtnty of Ada, ) ~-r- I . On this d~y of Ft217t it.. tt/\.. ij , in the year 2000, before me, Shelh E. arnU0 , a Notary Public, appeared WILLIANI G. BERG, R., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ...... .. U "'. ..~y:._--q~... .~~OT~;,~!. .~/~ ~'~. :~l *** \N~ :cn: :>: . \ : " . \ I . . \ J . · ' ..A-_. C ~ · . <.P~":' UBL~ ...,~~o . +. :1~"'--- ~~.. ~.-c.eoFlO .. -....... N~liC for Idaho Commission Expires: q /2b/IJO msg/Z:\ W ork\M\Nleridian 15360 M\Cherry Lane Land Exchange\CERT ofCLI(for ID I nded ptB kCherry lane for RE S rY\U-111.tttJ RECORDED-REQUEST Of f,JJA COUNTY RECORDER ( .~ ~ ~J~ a.AVID Nf~VARRO > ~ J ~ L:01SE, IDt:.HO ~EE. L/ DEPUTY ,_. Zuno AP ! 3 Pr1 I: 37 I Po f 0 0 0 2 8 0 4 I ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR 20 FOOT EMERGENCY ACCESS ) EASEMENT VACATION BETWEEN ) MIRAGE MEADOWS SUBDIVISION ) AND CHATEAU MEADOWS EAST NO.1) SUBDIVISION, MERIDIAN, IDAHO ) ) ) ROBERT L. HIGGINS et ai, APPLICANT ) ) 01-24-00 CASE NO. VAC-99-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF 20 FOOT EMERGENCY ACCESS EASEMENT This matter coming on regularly before the City Council at its regular meeting on the 18th day of January, 2000, at the hour of 7:00 p.m., and Shari Stiles, Planning and Zoning Administrator, and Kenny Bowers, Meridian Fire Chief, appeared and testified, and the Applicant, Robert L. Higgins and Joe Pasewalk, appeared and testified in favor of the emergency easement vacation, and Richard Stagnaro addressed the issue through a letter which has been placed on record, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Findings of Fact and Conclusions of Law and - Page 1 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 ( Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. 8 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred (300) feet of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, Findings of Fact and Conclusions of Law and - Page 2 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 (- ( and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance hereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights- of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. Findings of Fact and Conclusions of Law and - Page 3 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 (~ (- 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. The easement, which is the subject of the above named application is that certain easement referenced in the Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No.1 Subdivision Plat, Chateau Meadows East No.1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, upon said Plats designated as 20 foot emergency access easement fenced both sides within 20 feet of A.C. pavement, and which is generally located between N. Applewood Place and E. Meadow Wood St. in Meridian, Idaho. 2. Robert L. Higgins of 2064 North Applewood Place, Harold and Earlene Butler of 2067 North Applewood Place, Paul and Ruth Pasewalk of 1875 E. Meadow Wood St., and Timothy and Deanna Ball of 1905 E. Meadow Wood St, all owners of their property, [see attached Exhibit "A" for Ada County Recording information], filed a petition for the vacation of a 20 foot emergency access easement between Mirage Meadows Subdivision, Block 1, Lots 16 and 17 and Chateau Meadows East No. 1 Subdivision, Lots 19 and 20, Meridian, Idaho. 3. The legal description of the emergency access easement which is the subject of this petition is set forth in Finding of Fact No.1. 4. The names of the persons affected by the petition to vacate include: 4.1 The applicants/ owners of the property are Robert L. Higgins, Harold and Earlene Butler, Paul and Ruth Pasewalk, and Findings of Fact and Conclusions of Law and - Page 4 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 ( Timothy and Deanna Ball, attached as Exhibit "B" is said Vacation Application with said signatures. 4.2 City of Meridian Fire Department. 1. The Council has received the Recommendation To Council of the Planning and Zoning Commission on this matter. 2e The particular circumstances of the requested vacation are as follows: The requested vacation is due to the fact that the intent of the subject easement was to provide for emergency access only which was not designated as to whom, and there has been a showing that the easement is not needed for fire or life saving emergency services, and the subject area has presented security problems, and has provided access to neighboring properties that has resulted in vandalism, and the same presents safety issues with pedestrian use which is not the designated or permitted use of the easement. 3e Written notice of the public hearing on this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of the public hearing was also published once a week for two (2) successive weeks in the official newspaper of the city, the last of which was not less than seven (7) days prior to the date of said hearing. 4. That no objection to the vacation has been received although by the nature of the facts in this matter, it is considered precautionary that the Council inform the applicant that they should seek determination from the Ada County Highway District as to whether or not they require any action of vacation on this matter, which the Council herein makes no finding regarding the same, other than the record reflects that the Ada County Highway District is informed of these proceedings and has not made any such claim. 5. The affected easement holder, City of Meridian Fire Department, Findings of Fact and Conclusions of Law and - Page 5 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 (f (, ( has agreed to the requested vacation in writing which is attached as Exhibit "B" and which letter is from the Meridian Fire Chief, Kenny Bowers, dated December 14, 1999, pertaining to the Meridian Fire Department's requirements and approval. 6. All publication costs have been paid by the petitioners. DECISION AND ORDER OF VACATION OF UTILITY EASEMENT Now, therefore, based upon the above and foregoing statement of legal authority and jurisdiction and statement of facts relative to legal authority and jurisdiction, the City Council does hereby ORDER and this does ORDER that: 1. The certain 20 foot emergency access easement is hereby vacated and is more particularly described as follows: Mirage Meadows Subdivision Plat, Mirage Meadows, Book 57, Pages 5394-5395, recorded as Instrument No. 9025209, at Block 1, Lots 16 and 17, and Chateau Meadows East No.1 Subdivision Plat, Chateau Meadows East No.1, Book 57, Pages 5357 - 5358, recorded as Instrument No. 9011111, at Block 1, Lots 19 and 20, Ada County, Meridian, Idaho. 2. It is noted that the provisions of I.C. S 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant is advised to contact the Ada County Highway District to determine if they claim any jurisdiction over this access easement. 3. The City Clerk shall cause a copy of this order to be served upon the any affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the Findings of Fact and Conclusions of Law and - Page 6 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 ( ( City of Meridian, pursuant to Idaho Code 8 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 vacation 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. By a~tion of the City Council at its regular meeting held on the day of t:e~~ ' 2000. ROLL CALL / .5-p COUNCILMAN ANDERSON VOTED~ VOTED~ VOTED 1/lJj:4.;f- VOTED 1f'tA..- VOTED COUNCILMAN BIRD COUNCILPERSON deWEERD COUNCILPERSON McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) 2~ I-CO DATED: Copy served upon Applicant, the Planning Works Department and City Attorney. DATED: 2- -I-t)O Findings of Fact and Conclusions of Law and - Page 7 of 8 Order of Vacation / Robert L. Higgins / V AC-99-006 ( (' STATE OF IDAHO, : ss. Coun ty of Ada. On this l.fr day of ~ ~ ' 2000, before me, the undersigned, a Notary Public in and for sai State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ...... · ... t.J" · ..~~:.__-.Q~... .~ ~,-, OT.A...I?", +. 1IPs-~1 ~ ~ ' . . -..,t """Y \ . .~: * d... * \~. :00: ~ ;>: . \ J If o \ I . . \. , 11 · ' .br_ . C' · . <P~":' U.fj.L~ ":~O . ..~~~---_.... 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(RE: Meridian ZonIng Ordinance) rl lJ '.J U - I.JJ.:l cr' : ~ o J. F.ILE .YAC-qq-O()O APPLICANT (s): Robert-b.' Higgins~ Harold & Earlene Butler.. Paul and-Ruth Pasewalk Timothv and Deanna Ball PHONE: 208-887-7769 OWNER: Higgins residence Butler residence Pasewalk residence Ball resideIi"ce. R6oeft?E~Hi~lris"1- 2064 North Applewood Place~' Meridian~ Idaho 83642 ;~~067 No~h Applewo?d Place..~Meridian~ Idaho 83642 i 875:~BMeadow 'Wood:St~~' Meridian: Idaho' c' 83642 :,~ 1905~E.::Mea'dow 'W 6o'd~sf--~~Meridfan:~-- idaho '8'3642 ADDRESS: ADDRESS: :2064~N~rth~A~ble~o'od ~l~c~:~~~~{di~n Idaho 83642,,' PHONE: 208-887-7769 _ _~........ ~ .. ._ ~ ,"" ... ':10- .~ ~..j ............ ~ ,.r-.... '.-If ~~~.""~~..l~. ~..... ':"'r':/":; i'i .L.l >..1#. ~.'~' :. -.; ~~. ~~ .... ~ J. ~, __, 'l- - -~. r . .' _ . But1~r '. 2067;NorthApple~0?,d_Plfic.e~~1v1endlan.. Idaho' 83642 . . . >~'-"(i' '~~: Pasewalkt - ~l "t~, ':18.f].~~E"Meado~oo~dast~Mefiaran:~IaaHo~83 642''.''~r: y~~:{ '~4 ;.'./J,:~ .~. n;:\ ~r!~,: l' ::;:-11: 'f _ - Ball 1905~'E7~Mead6,);r:WoodiSt~:!M'eridian:':Idaho!83642 - ;2~-- y~- V~..2 7- Higgins - -......~ '- GENERAL LOCATION: em~rgency~access-'froniNorth~'Applew6'od Place to'East MeadoV{;~~p41.S~reet, Meridian Idaho. -. .... " LEGAL DESCRlPTION OFPROPERTY: 2b"footemerg~ncy ~ccessloc~~ed.BlockJ onLots.16and..IJ of Mirage Me~dOws' siiBdWi~loItan({ Cllatea\t1vte~cfo~s: E~s{ No~~'YB [5c'kro!t'L\JiS" 19 'arid';2(V"'"";:'~~" ,- .-''':,..,-.. ;;.. ,;".- . PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached _ ~ t --.t PRESENT ZONE CLASSIFICATION: Residential C~l.~'~,~if~;:~~f~~,gJ~~) VICINITY SKETCH: Avicinity map 'and/or site plan at a scale approved by the City showing property lines, streets existing ane proposed zoning and such other items as the City may require (30 copies):, . SURROUNDING."p'ROPERTY OWNERS: A list of all propertY owners and addresses within, contiguous to, directly across the street fr"Q'm, and within a 300' radius of the proposed vacation must be attached. This list can be obtained - - from the City of Meridian Planning & Zoning Department. Pleas~ request list' seven days prior to submitting application. '- Fee in the amount of$225.00 + $1.73/notice. DESCRlPTION OF PROPOSED VACATION: 20 foot emergency access located Block 1 on Lots 16 and 17 of Mirage aoows s bdivision a d Chateau Meadows East No. 1 Block on Lots 19 and 20. Signatu . obert L. HiggIns tiZ.J/?~~' .$~c?ad-PL<-~ . ~ ~~{1fY)m R. Ball Deanna R. Ball Signature: Signature: _..;:....~ i", ~~~.~ ,~ of' t_ T . ~ L~ ~~_.,l: ...... --+. .... ..... ~ - ..-~ ~~-;~~ .t~ 3 % g- - c; ~;J 5 Earlene Butler Ed/6,'I':(3" n U D U r 1 I\L:Ji.....J U J\L VIl.LLL 1 iVlayor I A Good Place to Li ve LITY OF MERIDIj~~~ LEGAL DEPARTivlENT (208) 288-2'+99 · Fax 288-250 I CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 Ci ry Clerk Fax. (208) 888-4'218 PUBLIC \VORKS BUILDING DEPARTlvlENT (208) 887 -2211 · Fax 887-1297 City Council ivlcmbers PLANNING AND ZONING D EPARTIvIENT (208) 884-5533 · Faz 887 -1297 December 14, 1999 RECEIVED DEe 14 1999 CITY OF MERIDIAN Meridian Planning and Zoning Commission 33 East Idaho Meridian, ID 83642 Re: Emergency Access of Mirage Meadows Subdivision Where Oakcrest and Dixie Lane connect, there can be a gate put in place where the barricades are now. Our trucks will be able to make the turn from Dixie Lane. They will need to fill the potholes between Oakcrest and Dixie Lane to make the turn smooth. The gate can be locked with a chain and paddle lock. We will just cut the chain. Someone will need to be in charge of the gate for the maintenance. SincerelYJ w.~~ I f Kenny Bowers Meridian Fire Department jJi2 ~ m+-r 12---14 -11 7; /~ ::b" 7 ~.~ ~ ". ...c..---. EXh/h/1 ~ B II ( January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1; 2000 APPLICANT: DEPARTMENT REPORT - PUBLIC WORKS AGENDA ITEM NUMBER: REQUEST: USnCK ROAD WATER LINE IMPROVEMENTS CHANGE ORDER NO.3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: 51 e tLHtte~ ci CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: _A/ r iY1f'r NAMPA MERIDIAN IRRIGATION: '}I' SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /2 , II. {~ Materials presented at public meetings shall become properly of the City of Meridian. January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1. 2000 APPLICANT: DEPARTMENT REPORT - PUBLIC WORKS AGENDA ITEM NUMBER: / Z. II. 2 - REQUEST: DIGESTER & CLARIFIER FACILmES (WASTEWATER PLANn CHANGE ORDER NO.1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ cL HttC'fAp ~ ~vY Materials presented at public meetings shall become property of the City of Meridian. . t CHANGE ORDER No. PROJECT: Diqester and Clarifier Facilities DATE: 10/29/99 OWNER: City of Meridian. Idaho NAME & ADDRESS: City of Meridian 33 East Idaho Meridian, Idaho 83642 CONTRACTOR: Turnkey, Inc. ENGINEER: Keller Associates, Inc. ENGrNEER'S PROJECT NO. 197040 You are directed to make the following changes in the Contract Documents. Description: See attached Purpose of Change Order: See attached 197040/1/99-686 be 102999 Change Order (Rev .4/89) JAN 27 '00 12:28 541 889 7755 PAGE. 05 CHANGE IN CONTRACT PRICE: Original Contract Price: $ 3,114.996.00 Previous Change Orders No. _ to No. $ -0- Contract Price prior to this Change Order $ 3.114)996.00 Net (I ncrease/Decrease) of this Change Order $ 11,604.23 Contract Price with all approved Change Orders $ 3,126,600.23 CHANGE IN CONTRACT TIME: Original Contract Time: 365 calendar days Net change from previous Change Orders o Contract Time prior to this Change Order 365 Net (Increase/Decrease) of this Change Order o Contract Time with all approved Change Orders 365 RECOMM ENDED: \ C2..n_~ '<::?~ENGINEER ~~ OWNER A ~l' ~ (. Y ~ONTRACTOR f: . \~}~; V APPROVED: APPROVED: 197040/1/99--685 be 102999 Change Order (Rev 4/89) JAN 27 '00 12:28 541 889 7755 PAGE. 06 4~ ~~~~ fJl S.\V. 5th A\'l~nne. Suilc ~\. l\.lcrjdbfn. TD 83(.,42 October 29, 1999 Mr. Dave Erlebach ].umkey, Inc. 1551 NW 9Lh St. Ontario, OR 97914 Subject: Meridian Digester and Clarifier Facilities Change Order No. ] Dear Dave: I have reviewed Turnkey's request for extra cost<; associated with 7 change order items to date for the referenced project and have the following comments: Item 1 - Relocate 2" NPW J4ine This item involved removal of a 2-inch NPW line which interfered with construction. Most of the excavation ofthis line was required tor the meter structure under the contract. Some minor hand excavation may have been required to locate the line direction. We feel approximately half of this cost is reasonable, or $388_77. Item 2 - Relocate Screw Pump Conduits/Wiring This item involved replacing approximately 80 feet of multiple 34 inch conduit runs and wiring around the new meter structure. T requested that Tom Lee inform me when the existing conduits were uncovered when excavating the meter structure so that Rosemary Regner could evaluate the need or degree of relocation needed. This was not done. Also, approximately half of these conduits were laid in the new CWS/CWR line pipe- trench. We feel the electricians lime, although on the high side, is not unreasonable. We understand Turnkey laborers excavated and backfilled the trench, half of which was required for the pipelines under contract. Also, even with hand excavation., the labor hours for this task are unusually high and we can only justify approximately half of that cost_ We would recommend payment of $5471. Item 3 -, Add a ] 2-inch Culvert This work was requested early in the project where the construction access road crosses a low area at the southwest corner of the plant. This work was never performed, theretore no compensation is due.. 19704Q/2/99-687 be A Cornpany of Professional ~ngineers und Scie.ntJsts Ph: (208) 28R-1992 · Fax.: (208) 288-1999 J~N 27 '00 12:27 541 889 7755 PAGE. 02 ( Item 4 - Add elate Valve to 4'" NPW Line This item involved adding a 4-inch i~olation valve to the NPW line. The City was also double charged for the 12-inch culvert in item 3 which was never laid. Deducting that cost results in an aUowable cost of $460. Item 5 - Repair Electrical Raceways This item involved repair of three electrical raceways damaged during excavation. According to plant statr at least one of these was previously marked and was still damaged. \Vc w()uld reconunend payment of 2/3 of this cost or $733. Item 6 - R.epair and Relocate Utilities These lines either had to be relocated so as not to conniet with new lines, or location Was not known and damaged. One line .separated upon excavation and had to be repaired. We recommend payment 01'$3615.77. Item 7 ..... Excavate and Repair Drain The City's existing drain line was not connected and had to be excmratcd and reconnected. We will reconuncnd payment of $935.69 There are several oth~r change order items outstanding that can be picked up in a future change order a.s follows: · Addition of valves and future 8-inch sludge line around the new digester. · Realignment of the ~cum line to the secondary clarifier. · Credit fc>r deletion of the manhole around the CWS line valves adjacent to the post aeration basin (this was deleted early on in the project as it would not fit due to existing utilities). Attached is a change order for these revisions. Please review and if agreeable, sign and return two copies to the City. None of these revisions to my knowledge impacted the schedule's critical path and a time extension docs not appear to be warranted. If you have any questions, please call. I 9704012199...687 b~ 4~ JAN 27 '00 12:27 541 889 7755 PAGE. 03 Sinc.erely, KEl,'LER ASSOCIATES, INC. 9.~_.~ ~ Dennis M. Suihkonen, P.E. cc: Brad Watson, John Shawc"Toft, Gary Smith: City of Meridian J 97040f2.N9-6K7 he 4~ JAN 27 '00 12:28 541 8S9 7755 PAGE. 04 JANUARY 28l 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 111 2000 APPLICANT: DEPARTMENT REPORT - KENNY BOWERS AGENDA ITEM NUMBER: 12..B..1 REQUEST: IDAHO POWER EASEMENT AGREEMENT ON THE FRONTAGE OF THE NEW FIRE STATION AT 540 E. FRANKLIN 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: US WEST: fl9~ t1 tvfPr~ {lJ~P . &tor {&J ~ {?:J {)17ft ~ 2j2-!fJO. ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( Desk of the Fire Chief (- Memo To: Mayor Robert Conie, Council, City Clerk From: Ken W BoNers CC: file Date: 01/2812000 Re: Request for easement This agreement is a request from Idaho PCMEr Company for an easement in front of the Fire Station lot on Frankfin React This easement is to move pcMA9r lines when they widen Franklin Roact I .. - - -..... POWER LINE EASEMENT City of Meridian, an Idaho Municipal Corporation, Grantor(s), of Ada County, State of Idaho, do hereby grant and convey to IDAHI POWER CO M PAN Y, a cO']lorati on, wi th its pri nci pal office located at 1221 Idaho Street, Boise, Idaho, its licensees, successors au assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a right-of-way an e:lsemen( for the erection and continued operation, maintenance, repair, alteration, inspection, and replacement of the eJectri transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys crussanns and other attachments and incidental equipment thereon, and appurtenances, with dIe right to pennit dIe attachment of dlt wires and fixtures of other companies or parties, over, on and across dIe fOllowing premises, belongiug to dIe said Grantor(s) in Ad, County. State of Idaho, in the following location, to-wit: A strip of land 15.00 feet wide being located in Lot 17, Block 3, Meridian Business Park, SWI4SE!4 and SE \<\SW \4, Section 7, T - 3 -N R - I - E, B. M., A da County , Idaho, said stri p of land being more particularly described as follows; Commenci ng at a found A CH D mouument identi fied as dIe south quarter comer of said Section 7; dlence, N 00 029 '08" E, a di stance of 45.0 feet to a point on the south property line of said Lot 17 and dIe north right of way line of Franklin Road; thence, N 89038' 17" E, a distance 0 f 129.0 feet to a point identified as the southeast comer of said Lot 17, said point being the True Point of Beginning; thence, N 00031' II" E, a distance of 15.0 feet; dlence, S 89038' 17" W, a distance of 204.55 feet, more or less, to a point in the center of the Hunter Lateral; thence, S 31'46'19" E, a distauce of 17.6 feet; dIence, N 89038'17" E, along the south property line of said Lot 17, a distance of 195.1 feet, more or less, back to the true point of beginning. AJso, see Exhibit IlA II Together with all rights of ingress and egress necessary for dIe full and complete use, occupation and el\joyment of the easemem hereby gramed, and all rights and privileges incident thereto, including the right from time to time to cut, trim aud remove trees, brush, overhanging branches and other obstructions which may iIyure or interfere widI dIe Grantee's use, occupation or enjoyment of this easement and the operation, maintenance and repair of Grantee's electrical system. Gralltor's use of the above-described right-of-way shall be subject to dIe following limitations: (1) no buildings or stmctures of any kind or any flammable material shall be placed or erected widIhl dIe right-of-way, (2) no vehicles of any kind that exceed 14 feet in height shall be placed or used on the right-of-way, and (3) any odler equipment or material within the right-of-way shall be kept at least 20 feet away from the wires of said electric power lines at all times, even if the wires sag or sway as a result of increased temperatures, wind, electrical loading on the wires, or other conditions. Subject to the foregoing limitations, said right-of-way may be used by Grantor for roads, agricultural crops and other purposes not inconsistent with said easement. Executed and delivered this day of , 19 City of Meridian STATE OF County of On this day of , 19_, before me, , a Notary Public, personally , known appeared and [0 me 10 be the person(s) who executed the foregoing instrument and acknowledged to me that they executed the same freely and voluntariJy for the uses and PUIVOSes therein mentioned. JNOTARIAL SEAL) Notary Public, Residing at Commission Expires r;9KvUP ROW 001 (2.93) (OYER) City of Meridian Exhibit "A" The easement right granted herein does not include the right to construct any power poles or structures on the ground and any power lines Occupying the easement space must be not less than eighteen (18) feet above the surface of the real property at all times. All rights granted to Grantors to construct and or maintain power lines are limited in that no blockage of the City's right of ingress and egress to and from the real property shall occur unless the same is absolutely necessary to avoid immediate and eminent loss of life or property and in no event shall the City's access to the property be totally blocked by construction and or maintenance activities of Grantor. ( I' ( JANUARY 28, 2000 MERIDIAN CITY COUNCil MEETING: FEBRUARY 1 ~ 2000 APPLICANT: DEPARTMENT REPORT - KENNY BOWERS AGENDA ITEM NUMBER: 12.B.2 REQUEST: CHANGE ORDER FOR WORK AT THE NEW FIRE STATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CENTRAL DISTRICT HEALTH: ;, ~ . o~~,lb ~tV Iv1P [~/r ~ (}VJY ~ cf1/ (;~rY 0 ~'V~j Vi ~ f9 Vuy1 CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ( ( JANUARY 28, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1, 2000 APPLICANT: DEPARTMENT REPORT - KENNY BOWERS AGENDA ITEM NUMBER: 12.B.3 REQUEST: ACCIDENT INSURANCE FOR VOLUNTEER FIREFIGHTERS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE ATTACHED INFORMATION CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: SytV IJ JA; 6rSlI /' CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ..J ru"t c. r t;.)~ ~O. -'~ r r'\. r u.oL- L \,., WU""':=> ~~OOO(~~~( IU OOO~~lO t""'.~~/~...) ~~rr ~:~ Memo RECEIVED JAM 2 7 2000 CITY OF ~JIERIDIAN To: Councilman Keith Bird From: Brad Watson, P.E. ft!3'AJ CC: File, Gary Smi1ht PE Date: 01 f27/00 Re: Request for City Council Meeting - Department G/Yf1;VY' /ti11~ ~ U ~ . Jr v- rrn~ I am requesting placement of three items on the City 4 2000 meeting under the Public Works Department Repor\ 1) Ustlck Road Water Line Improvements Chang is for extending steel casing around the water Iii (Linder Road at Five Mle Creek). Please see the more complete description. The total amount 0 $984..00. Bitterroot Construction also requests or change order. Change Order No.1 was a time exn approved by City Council 11/16/99, was for an incre~ 2) Digester & Clarifier Facilities (Wastewater Plan . . .,,, change order ;ncludes six separate items. FIVe c . _ '-',^ dIe Tor relocating old underground piping or conduit for various reasons (see Keller Associates letter to TurnKey, Jnc., dated October 29) 1999). The other item is for addition of a valve on the non-potable water system that was not shown on the plans. The total amount of the ~uested chance order is $11.604.23. However, TurnKey is lEQuesting an additional $2,700 under this change order that is under dispute/negotiation. No additional time is being requested with this change order. Public Works recommends approval of both change orders. 3} Creason Lateral Trunk Sewer Crossing License Agreement with Nampa & Meridian Irrigation District This Proposed license agreement is for the 36-inch sewer trunk coming north out of the Wastewater Plant and crossing the Creason lateral, which is the northern boundary of the plant property. This trunk will eventually serve the No Name From the desk of . , Brad Wahon, P.E. Assiszant CiIy 'Rngineer Meridian Public Wotks Dcpartmem 200 E. CarllDn S~ Suite (00 Meridian. Idaho 83642-2600 . Page 1 (208) g87~ 1 J Fax: (208) 887-]297 watsonb@c:i.maidian.id.us . Page 2 ~~~U~I~~JI l~ VWO~~~O r.t:.J..J/~..J ( and North Slo,:!Qh Trunks. The north portion of this crossing will lie on property owned by Ed Sews who wUI be constructing mini-storage units on the property. As a result Mr. Sews is a third party to this license agreement ** TOTRL PAGE.03 ** ROBERT D. CORRIE M3yor CITY OF MERIDIAN PUBLIC WORKS I BUILDING DEPARTMENT COUNCIL MEMR~ CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD GARY D. SMITH. PI:. Public Works Director FACSIMILE COVER SHEET Date: 1--27 - ocJ Time: Please deliver to: tV/II &r9 I Company / Department: Fax No.: ~%8'-42/a Phone No.: Total Number of Pages, Including This Cover Sheet: 5 From: Br~ W. Fax No.: Phone No.: Comme,nts: 7/ ~ Ks M I / - T '// 7d- fie docu",.~~).o,., ;/a you ~c;".(u.u , "" <:J r"" , '" '1 . (J 200 East Carlton, Suire J 00 · Meridian, Idaho 83642 Phone (208) 887-2211 · Fax (208) 887-1297 City of Meridian Public Works Dept. To: Councilman Keith Bird From: Brad Watson, P.E. ;1ft'aJ CC: File, Gary Smith, PE Date: 01/27/00 Re: Request for City Council Meeting - Department Reports Agenda Items I am requesting placement of three items on the City Council agenda for the February 1, 2000 meeting under the Public Works Department Reports. 1) Ustick Road Water Line Improvements Change Order No.3. This change order is for extending st~1 casing around the water line across an old bridge abutment (Linder Road at Five Mile Creek). Please see the attached change order fonn for a more complete description. The total amount of the reauested chance order is $984.00. Bitterroot Construction also requests one additional contract day for this change order. Change Order No.1 was a time extension only. Change Order No.2, approved by City Council 11/16/99, was for an increased amount of $6,085.44. 2) Digester & Clarifier Facilities (Wastewater Plant) Change Order No.1. This change order includes six separate items. Five of the six are for relocating old underground piping or conduit for various reasons (see Keller Associates letter to TurnKey, Inc., dated October 29, 1999). The other item is for addition of a valve on the non-potable water system that was not shown on the plans. The total amount of the reauested chanae order is $11 ,604.23~ However, TurnKey is requesting an additional $2,700 under this change order that is under dispute/negotiation. No additional time is being requested with this change order. Public Works recommends approval of both change orders. 3) Creason Lateral Trunk Sewer Crossing License Agreement with Nampa & Meridian Irrigation District This proposed license agreement is for the 36-inch sewer trunk coming north out of the Wastewater Plant and crossing the Creason Lateral, which is the northern boundary of the plant property. This trunk will eventually serve the No Name From the desk of. . Brad Watson, P.E. Assistant City Engineer Meridian Public Works Department 200 E. Carlton St, Suite 100 Meridian, Idaho 83642..2600 . Page 1 (208) 887-2211 Fax: (208) 887-1297 watsonb@}ci.meridiattidus (~-- ( and North Slough Trunks. The north portion of this crossing will lie on property owned by Ed Sews who will be constructing mini-storage units on the property. . Page 2 ( CONTRACT CHANGE ORDER DA TE: ORDER NO.: 3 CONTRACT FOR: 1999 Waterline Proiect - Phase I. Ustick Road Improvements OWNER: CITY OF MERIDIAN, IDAHO TO: BfTIERROOT CONSTRUCTION, INC. (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes In INCREASE DECREASE This Change Order in Contract Price in Contract Price (list separately) 1. Increase casing length 10 If at lump sum cost of $940.00 $940.00 Sum of Increase and Decrease: $940. -0- Net Change in Contract Price: $940.00 JUSTIFICATION (attach supplemental documents): An old bridge abutment was discovered during construction on the north side of the Five Mile Creek bridge immediately adjacent to the newer bridge structure. Bitterroot was directed by the Water Dept., upon consultation with the Public Works, to extend the 24" diameter casing 10 feet farther than originally designed to get past the abutment. This avoided hammering out the abutment and risking disturbing the structural integrity of the abutment. See attached Exhibit "A" for cost breakdown. CHANGE IN CONTRACT PRICE: Original Contract Price: $318,561.70 Previous Change Orders No. 1 to No. 2 $6,085.44 ~- .~ Contract Price prior to this Change Order: $324,647.14 Net (IncreaseIDccrcaoc) of this Change Order: $940.00 Contract Price with all approved Change Orders: $325,587.14 - 1 - I \ J -'--'1--': (- I i I t ---!....-. ---1- . I J I I [ -- J I ; I : ! ~-:- ----r- [ ! I \ 501 ~ i ; I I .J.~9~~ : ; : I \ 3"20/ I , ' I I~e;~[ , I I ~3~~ i ,o.L.L- b\l~ r I , r .--y-..... t 2. '- ~...T i I I , ~. ~ ~ ;..::....-1. .._ i i LJ I J (,.. 1 I /~- - \ I . . I 1 I' . I t I \ _. ___. .. ~1~~~~(;~~~ -.!.--l~-L )_. I ...; 1 -r :, J : i I : l , I I I [ I I i I I I I I I I I . 'r' II . I : I . I I I I ( t . . I i [ j I t I i .__:'-:_' t I I ___ I I; . ..',.~__ :~~ ~~} ~ ~_j_~)yr!~ i B~~U~."2-rl 01 !rl~6 ~~_~l~~ ~'N~ ; J I I I I I ! I ! ; I ' , i I Ii; I 1 i . ! I i I14Ab I I I " d~ I '0. ~ ~~~ I~( ~Jlffib-J, l~ +3d -,.h dL.~ ~E.-'~dl:'!;>>1fIUG i ~ t::: 1 I i i ; I f i : i! Ii: i :UAL, ~~~~I ..... r-'~C;~~n _~t'~I' ~: ~~l. ; -!.- .~. I r 'I' I ! i r I . I.;: I 1 I I ! ; I I l I ; I : I I . ! r i i f I ; ; i i :! I: -' '. 1 : ! 1 . -. '; - - -!' 'tD! :U:: ~ :241',.,!.?gs! ~ QA-$J'~ i _...L_! is"D~: ~-.";l'.-'! i, D ; i ! i i ~ I : i i I i I i i 1 3l-!.l" i UF----L ~!-~I ~ ~ . 1. (" I ! ; [ : ( ! r J I I f j I r , , ! I C.A-5l G.: I I U ~ ,~ I , 1 I I _i r .- _.1.. i ! I : ! l I I I _: ! ! i I J ; : ! I ! 6" ~ 5A.~ r~~ I .I~~I""I.-I--i ! I' ! T I ! [ ! I I ~ l : I I ! i jls ~ ~G p: I -f' . I . . I 1 r I ;'" i- _.. .. I ! I I i I J IT--'f I I i I I : l i! I,l I ; i; I I ! I : i" 1- ; Iii ! I j : I ! I I i~ i~~ ! I r--r-r-r-ll--r-n i !' I," I i Ill,!! U 11 -r - ~_ -I uI____-l. t _-j_-L_.LI-LJ ii' ; : I ; ! : I I I i J i i : i ; ! f : , I I 'i, I 1 ! I ! ~ I! ! i r -...-1-.._.:._.... -- '.--1-"'-.- i I Iii 1 ! ' I j ....~l:... I . I ~: :: . I' i , I . I I ( , . ., --.. ~ -. +- ~ ! i ! ! ~ ! I ! I r i I .... r" 1 ! t 1 , ! I .-.. --!.. . i r I -7--;'. I I I t ( i I ! ... t I i , I '-':- ---r-'j [ I I ~ ! ! I I ' . . r -.",.... !--.--;- I J ; : I I ~ I ' I i I 'f --,.' -; r I ' : I I I ; : r .... [ou - . r [ I 4/, ~ A ~cx::t I --/~J ~ : -~' .... j_.... ! I . i I ! ;-~~_..__. : J . I . . [ I ~ ! I I : I ! r- ~ 1-' 'j ! t ; : . ,.. .. ';---1' ~- I I' t -"{ . t ! i '-. I . 1 . ~. .... ~ i i -..~o_..i..o . I ! ! I I i I : ! I ! [ I I ; I I I . . L~ : t - i I .... ,,! - f ! I I I I :'. ..'--, . , I I ; i I J I I , I [ ----r--t It i ' ~ I; . I !-"il! "I 1 r i j ~I i-l . T---1 _I ! I t-.:.. . I I I I I JAN 11 '00 10:34 '....-! ; i I ..--L-. .1._. . l...., ~ ( . , I r I I . I ~"'r I !.-- i I I I : I I · ---'(-- : I I ; I . I !- ..-: I 1 i-- [ I , ,-----r'l ! I I ! I -.T-; I t I I I I' , I I --f--,: ( t i j I ( - i. I ~ I r I I or, i J 1 i i i i- "-1 +_.'-r ~ I L ' I I I I . i I ! ! ~ : I I . 0 ~~... I [ ; r-" - t" I 1 ; I .t. it: r.' ...;.--1-:-0- ; r ! 1 1.. 1 ; '-'-1'-. . _;0 . ! I i I I -., l "1 - . i # , I I .r I j I I I T..... I I t I ' I . I I I 1 ! i . '.r-. j- t ~ I [ i t I J . I I I ; --; ! j I I . I- I I '1." - . .. j"..' , I I I . '-~--.r._.1 I t .._~[ ! I 1 .1. o_ r : I ~ . - ~ I : L_....:.. , I + .",.------.. I . < "'I .. - -...-, I ! I I ...~.... ~ -- I I I J I --i.. . ... - . ! -1- , _uj I ;...--- I t f -'-1 , f - ...~. -..+- oOj I I 1 . , ! I I T.' r--:- : . i I . I I ! I H i . . ; f . .. --.--------,-.. .. ~ : I ; i ..-..... .. I .- ~-i___ I I I I I 362 0838 PAGE.02 (' 1. ( RESOLUTION NO 300 BY: ;4,'1)-1. ~f"'.".J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF lVIERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE lVlAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "POWER LINE EASEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO POWER COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF lVIERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO POWER COMPANY, denoted as "POWER LINE EASEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOL YED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO POWER COMPANY, entitled "POWER LINE EASEMENT", by and between the City of Meridian and IDAHO POWER COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / >'pday of ff6f-IA-trA--l ' 2000. - ( APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / c5? day of RESOLUTION FOR IDAHO POWER COMPANY EASEMEl'JT - PAGE 1 OF 2 ( \. ( /eYu-t. (l,1- ' 2000. ,\\1 Hrtn"II"" \\" ,.-.n:: S" "'-,....' -J V' .... I,~. ",,""" ",("' ...: TA ,,' )." ~A - ~ ~ '" () rof'POfl.4)) ~ VV ';. ..... ..:!o...v ~ -.; ~ ~ ~ ~ - ~ ~ ~ :: n~ ~ T :: :; ~~,.fl...U =: ~ y ~ E ~ ~ ....<f' ..0 ~ ~,,/) "4s, 15\ · ~.f msglZ:\Work\NNv1eridian 15360M\IDAHO POWER EASEM1\ReS6J.l:1ft6If .~~ ,.::- 'l. ~Ch.~_. ~ ~ ..,,/\ ..-'-"'UNT'l. ...,,\ . "lflllfJU .n"~\'\\\ ATTEST: RESOLUTION FOR IDAHO POWER COMPANY EASEMENT - PAGE 2 OF 2 J 1..1n~"o. ( POWER (- POWEI~ LINE EASEIVIENrr City of Meriuiau, an Idaho Municipal Corporalion, GralUor(~), of Ada CoullCy. Stale of hlaho, UO herehy gralll awl Cllllvey (~) II) 1\ J POW ER COt\.1 PAN Y, a corponuioll, wilh ils prilldpal oftice IOl.:aled at 1221 Idaho Strc:et, Boise, hlallo, i (s I il:eIISc:cS . SlICCCSS()f \ ;1 a~iglls. Gnuut:c. for Qnc Dollar and otllt:r valuable cousiuc:ratiolls, receipl of wltidl is hc:rc:hy ackJluwlcugc:d, a riglll-ur-way ;1 t:aSell1Cllt for (ht: erection allu cotU iuued operal ion. mai 11 h:: 11(1 IU;t;;, repai r. aheral io II. i IlSpCC li 011, am! n.:p laccIllc: I 11 0 f (lit: t.:I CL I transmission, distribution and tdcphont: liues and circuits of fhe Grall1ee, auached (0 polts or mher sUj>pons, togethcr with b'1l} crossaOllS aud other aUachOlcuts and inddt:l1taJ equipuh::1U thcreon, and appufle:nam.:cs. with the riglu (U permit the alladuHelH llf I wi res and tix tures of other con Ipanies or pa n ies, over. ou ant! ac fOSS the foJlowi ng p rem ises, ht:l oug i ng. to (he said G fa 11[0 r( s) ill 1\ County. State of Idaho, in the following locutioll, H)-wit: A strip of laml 15.00 fect wide being located ill Lot 17, Block 3. Meridian Business Park. SW ~4 SE ~ aml SE ~,~ SW ~, Sc:ctioll T-3~N R- l -8, B. M., Aua County. Idaho. said strip of land being Illore pankularJy lkscrihed as foJluws: COIumencing at a founu AC H 0 mOllunlelU identi tied as the sou th quaner con lef () f saiu See (ion 7; tllC:JlCt:, N 00019 · 08 II fi. a <1 i s( a III of 45.0 teer to a point on thc south property line of saitl Lot 17 and die north right of way liue of Fraukliu R6ad: d1t:lllre. N 89038' 17. E. a dislallce of 129.0 fete co a point iucnli tieu as the Sou(hcast I.:Ofller of said Lot 17, ~aiu poi III bc:iug rik. Trlie Poil of Beginning; thence. N 00 0 3 }' 11" E, a uistauce 0 f l 5.0 fet:c; thcnl.:t:, S 89038' 17" W, a distance: 0 f 204. 55 teet, m,Ht fir It:s~. I a poi lit in the center of Ihe H UJuer Lateral; lIlence. S 3 J 046' J 9 HE. a di.stalu,:c 0 f J 7.6 tet:: t; (he:11Ce:. N' 89038' I 7" E, ak'MJ tht: ~()UI propc:rty lin~ of .said Lot 17, a tJi.stall(;e of l 95. l fct:t. murt: or Icss, back tu lhe: (fUe: point of be:::giuuillg. AJso, see Exhihit "A · Toge(hcr with all rights of ingn:ss anu egn:ss Jlt:ce.ssary for the: full and complele: USt:, occupatioll aml cujOYnllO:AI of the easement hereby granted. and all rights and priviit:ges incident thereto. including thc right frolu lime to lime to CUI, lrilll au'" renlove trees, brush, overhanging branches and atllt:r obstructions which lua y i njun:: or i Jl(Crfe:fe wi III thc G rautct:: 's use:. occupation or elljoynlt:nt of this easenlent and the operation, nlaintellance anu repair of Grantees electrictll sy.stem. Grantor's use of the above-d~ribed right-of-way shall be subject to the following litllitatiolls: (1) 110 buildings or structures of any kind or auy tlanlJnable luaterial shall bt: placed or erected within the right-of-way. (2) no vehicles of allY killll Ihat exceed 14 feet in height shaH bt: placed or used on lhe righl-of4way, and (3) any Other e:qulpmcllt or malt:riat withilllhc righl-of-way shall be kepi al leasl 20 ti:el away from the wires of said c1eclfic powt:r lines al all limt:S. eVeU if lhe wires sag or sway as a result of increased teolperatures, wind, dectricalloading 011 the wires, or Otl1c:r conditions. Subject to the toregoiug litllitatiollS, said right-ofMway Juay be used by GralHor for roads, agrh.:uhuraJ l.:rops and o[her purposes not inconsistent with said easelllt:llt. day of Attested: William G. Berg, Jr. - City CleLk D. Corrie - Mayor approved by City Council 2-1-00 STATE OF Idaho Ada County of On Ihis ---' ~ r appeared Rohprt n da y 0 f H br fA. t-lt"1 ~:loco '. .. W _. before lI1e. ~(l~ E. ~IY' 2'-1 a Notary Publ k:. pt:rsllllaH y Wi 11 i am G Ae rg. J r ~ , kllowu ('orr i P and 10 me to h~ the persoll(S) who executed the fort:goillg illstruluenl and acknowledg.:::d to Ule: that they CXC:CUICU the SalHe frct:ly all(1 voluntarily for the uses aud purposes Iherein mentioned. (NOTARIAL SEAL) ....'... .'-c Yr.. ..:-.t ~:._~O .. .~~OT~~).\ ... ~ t:q,' Y Y""" \ .. .::r:/ \ · :cn{ *** )~: : \ ,1 : . .\;- .t(Jrf ~...C. ~,~:~ . .. '.. ~'; ljj'O~\D ~;; ~ ~ ........ fOb NOtary Puhlic. Residing t,t flA.-t. rtt:w. A Ll I ;D Cunuuis.siou Expires '} /:z 't-.J V 0 69KVUI) KOW 001 (2.93) (OVER) ~. 1....4. ( ( City of Meridian Exhibit IIAIl The easement right granted herein does not include the right to construct any power poles or structures on the ground and any power lines occupying the easement space must be not less than eighteen (18) feet above the surface of the real property at all times. All rights granted to Grantors to construct and or maintain power lines- are limited in that no blockage of the City's right of ingress and egress to and from the real property shall occur unless the same is absolutely necessary to avoid immediate and eminent loss of life or property and in no event shall the City's access to the property be totally blocked by construction and or maintenance activities of Grantor. . - A strip of land 15.0 feeJ__wide being located in Lot 17, Slock ~,--Meridian Business Park, SW~SEX andSE~S( ~,Section 7, T-3-N R-1-E, 8.M., Ad ounty, Idaho, said strip of land being more particularly described as follows: Commencing at a found ACHD monument identified as the south quarter corner of said Section 7; thence, N 00029'08" Et a distance of 45.0 feet to a point on the north right of way line of Franklin Road and the south property line of said Lot 17; thence, N 89038'17" E, a distance of 129.0 feet to a point identified as the southeast corner of said Lot 17, said point being the True Point of Beginning; thence, N 00031 '11" E, a distance of 15.0 feet; thence, S 89038'17" W, a distance of 204.55 feet, more or less, to a point in the centerline of Hunter Lateral; thence, S 31046'19" E, a distance of 17.6 feet; thence, N 89038'17" E, along the south property line of said Lot 17, a distance of 195.1 feet, more or less, back to the true point of beginning. 0.07 acres (3,001.90 sq. ft.) City of Meridian \ 6 2/ [ 1 41 1J Scale = 1 00: 1 Feet ( A strip 0 f land 15.0 feet wide being located in Lot 1 7, Block 3, Meridian Business Park, SW~S E ~ and SE XtSW~. Section 7, T -3-N R-1-E. B. M. , Ada County, Idaho. said strip of land being more particularly described as follows: Commencing at a found ACHD monument identified as the south quarter corner of said Section 7; thence, N 00029'08" E, a distance of 45.0 feet to a point on the north right of way line of Franklin Road and the south property line of said Lot 17; thence, N 89038'1711 E, a distance of 129.0 feet to a point identified as the southeast comer of said Lot 17, said point being the True Point of Beginning; thence, N 00031'11" E. a distance of 15.0 feet; thence, S 89038'1711 W, a distance of 204.55 feet. more or less, to a point in the centerline of Hunter Lateral; thence, S 31046'19" E, a dista nce of 1 7.6 feet; thence, N 89038117" E, along t he south property lin e of sa id Lot 1 7, a distance of 195. 1 feet. more or less. back to the true point of beginning. 0.07 acres (3,001.90 sq. ft.) City of Meridian 1 2 3 4 N 29' 06" E 45 N 890 381 17'1 E 129 N 31' 11" E 15.0 S 890 381 17" W 204.55 5 6 7 S 31 0 46' 19" E 1 7. 6 N 890 38' 1 7" E 195. 1 Back to pcb 1 / I / )/ ~7 -~- / -- ~id .-.-> Oc ;07 l/d -( 6 L }O] , -/~ L '08 -J-6L' 7' _ I . \ ~~ J '1/ d !. '0 f +G8fr CQ ~ ; i...- I I I -- . a : ~ I .O'9v-~ I, .......... / f j;S~7 .Lr,80.0 ='57_' '.1 I-- L. 04gZ+ tBfr Y4d O"f.L+LBfr OOLt '.17S -",.4 , 9'78+Lgtr ~ ~ '" "'~ ~ '" _~I 8 TO, +["87 7SfVOd ~ 0) ~ ~ Vi ,O'9j/ - _/L '~K -17 .Z~.2i..O -V~~:/' ,- o.t t +yg-fr ./-d ,/ /0 1 ' /. ;.8fr 0 t L t '.I7S t\.5j-l" ~50,6/1 /~ A-5J, fZ \,ot- l\.kOJ.. loB( A.B ~ v0 ~ N~ ~ ~/. to ~ I (I · - '1 ~. C~I " S\I~ ~ Vi "1-...., a "-J 0.' q+ggp I"d ZL t "J7S -2"89+98fr M/61 I'\/~ a>I1V '-I;q ;S03 --- ^/~ 9 'Q;.-f-L8fr M/CI \ -^l I ~ ~ ~ <...> ~ ~ a Ctj '-.J :~ ) (I ~ I III ~ QJ CI) ~ ~ ~ ::J --1 .~ o "c8+ 68fr O{'L' "-1;5 ['.Z6+6gp 1/.-1 ,~v O"[,O+68fr ["it '.175 . ~ G Q) c: ~ ~ () ....;:. (j .. -g~ ~:::s:t:: ",? (j -..........., f-- - . . - \ I I I I I I I I I I I I I I I I I I I I ! I I I I I I : I i i I ! ! I I i 1 co \..\ C"\J I J H J '1 U 1 1 I I 1\ I I /\ \ I \ I \ , \ I \ I \ : \ I \ 0 \ I \ I I ~ I \ ~ \ N \ I I \ I I \ I \ I I \ I I \ t I \ \ I \ I I I I \ I I \ I I \ \ \ \ . I \ I \ \ I I \ ~ " \ I \ I \L./ '\ OJ a:::: ~I :::> (). ~I v aL1- ~I ~o ti. ~ (JI -0.. ~~I (j~ 5~ z\r, UW ~og; ;:t:: ZXtD (/)5 Wo (l)lJJ~ . t; Q III 3~~ o::::r: CLU I I I \ I I I I A I I I < I I I 0 I I ~ I ...-... I ~I <3'1 Z I I )--004 I II H I I~~ I~Z I I~ < I " ~ I I ~ I I ~I ~i ( . ... -' ~ a~ 0:::.,..... 0<( l.J...f:j ~w oJ: a..(f) '-'w :SW l.J...(f) / / / / / I o I N LO ~.~ SDWCB 7.41 Sp;vgl.ass :Way .Bag:l.:~.~ .Idaho :83:61:6 December 7, 1990 RE C E IVED Mr. Kenny Bower Meridian Fire Chief City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83616 ::E j~ ~ "j ~~~ S~ MERiDIAN FIR E 0 E P A. R T ~J1 E ,,1 T RE: Idaho Power Company easement request Dear Mr. Bower: Idaho Power Company (IPCO), through its agent, Ashley Land Services is requesting an easement for relocation of a power line along Franklin Road. The relocation of the power line is necessary to meet electrical power demands in the area. IPCO is requesting a fifteen foot easement along property owned by the City of Meridian in Lot 17, Block 3, Meridian Business Park. The power poles will be steel poles which will extend approximately 70 feet above the surface and will be placed one to three feet behind the north right of way line of Franklin Road. Compensation for the easement totals $7504.75 and is calculated as follows: 3001.90 square feet * $2.50 per square foot = $7,504.75. The square footage was appraised at a fee value of $5.00 per square foot and the easement value is appraised at one half of fee value. If the City of Meridian agrees to grant the easement, please have the attached easement signed, notarized and returned to me as soon as possible. I will immediately process the payment and return a copy of the recorded easement to you. If you have any questions, please call me at 939-2680. Thank you for your time and consideration in this matter. Sincerely, ;~1;:L-f;/r: aL?~/ Lar~y..' A. Cadwell ROW Consultant representing Idaho Power Company. Professional Land Services - Members of the International Right of Way Association Office 208-939-2680 Fax 939-8680 Home 939-7168 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 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) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items, which are on the regular scheduled City Council meeting. The public is welcome to attend. DATED this 26th day of January, 2000. ..... ..... - ..... HUB OF TREASURE VALLEY MAYOR Robert D. Corrie ( A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-250 I CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO 1\IIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Office Fax. (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2000 at 6:30 PM. The Meridian City Council will discuss agenda items, which are on the regular scheduled City Council meeting. The public is welcome to attend. DATED this 26th day of January, 2000. SE.llL - ~ C'.- ~ 7: .-o~ ,05 0.2 '/ :c> .,. 1 51 · . );.. ..:, "/ ....." ~ ,..... 'l,..,.., i ('oJ 't' _'{ \'V "", ":'ii;,~:--: :~ ,:,;_.,;\\\\\\\' WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. F. GIGRAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE.. 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680~1150 TEL (208) 288,2499 FAX (208) 288,2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~024 7 TEL (208) 466~9272 FAX (208) 466~4405 Email viaInternet@2wfg(@wppmg.com · ALSO ADMI1TED IN OR .. ALSO ADMITIED IN WA PLEASE REPLY TO MERIDIAN OFFICE Ii ~ /-~-'t ~ -.--.- ~ D'.'"' ,: r,tA . n . ~--I- I ~ 1.-. I ~." I Ell ' 't:J~ .~J -.-- ~ - V "'~j. : Ja11uary 26, 2000 JAN 2 6 (000 CITY Ol~) l\wl~i.OIAN WillialTI G. Berg, Jr., City Clerl( MERIDIAN CITY HALL 33 East Idal10 Meridian, Idal10 83642 Re: ALBERTSON'S INC. / ANNEXATION AND ZONING FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER Dear Will: Please find enclosed the original of t11e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per i11strllctions fron1 tl1e COlll1Cil ll1eeting of Ja11uary 18,2000, and wl1icl1 are on tl1e age11da for February 1,2000. Mter t11e Council lueeti11g of February I, 2000, if COll11Cil approves t11e Fi11dings of Fact and C011clusions of Law for t11e above 111atter, then please serve copies UpOl1 tl1e Applicant, Planni11g and Z011i11g, Public W ork.s a11d our office. If you have a11Y questio11S please advise. Very truly yours, D~CTAT[D BY i~TfORfi~EY tJ-~D SENT \VilHC;UT S ~ Gf~-Lt.TU ~~, 1~~'~./ H!S i\3SENCE TO f1t.:DiD UCLh\( Wm F. Gigray, III 111Sg\Z:\ W ork\M\Meridian I 5360M\Albertsons\FFCLClk.l tr F"ll.. ~-...-., cr- ---;--,..--..0 D~--< ,.:; :~_.i - 1 _ _ \. 1: \ ~ ' ~..D. ~ 1 JAN 2 6 2000 Clrx OF IVfEl~IDIAN 01-26-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ALBERTSON'S INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 20.05 ACRES AT THE EAST END OF COMMERCIAL COURT FOR ALBERTSON'S INC. ) ) ) ) ) ) ) ) ) ) Case No. AZ-99-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above e11titled annexation and zonil1g application having CaIne on for public hearing on January 18,2000, at the hour of 7:00 o'clocl( p.m., and Shari Stiles, Planni11g and Z011ing Adlni11istrator, appeared a11d testified, and appeari11g and testifying on behalf of the Applicant was Brad Becl(stroln, a11d no 011e appeared il1 opposition, aIld having received t11e Recoln111endatiol1 to City Council of the Plal1ning and Zoning Comlnission on this matter, and the City Council having duly cOl1sidered the evidence and the record in this Inatter therefore mal(es the following Fi11di11gS of Fact and Conclusio11S of Law, and Decision a11d Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC~ CASE NO. AZ-99-024 ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Councillnay talce judicial notice of governme11t ordil1al1ces, a11d policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to a1111ex real property UpOl1 written request for al1nexation and the real property being contiguous or adjace11t to city boundaries and that said property lies withil1 the area of city ilnpact as provided by Idaho Code Section 50-222. The Meridian City Code 8 11-16 provides the City Inay a1111ex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted Decelnber 21, 1993, Ord. No. 629, January 4,1994, and as provided in Meridian City Code S 11-16-3. 2. The City Council exercises its legislative authority in the annexation a11d zoning of a11nexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65(1983). Prior to annexation the City Council shall request a11d receive a recolnmendation froIn the Planning and Zoning Commission of proposed zoning ordil1a11ce changes for the area to be an11exed in accordance with the notice and hearing procedures provided in Section 67 -6509, Idaho Code a11d concurre11tly or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( immediately following the adoption of an ordinance of annexation, the City Council shall ame11d the Planning and Zoning Ordinance. [I.C. S 67-6525J [Meridian City Code S 11-16-1. J Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Pla11ning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accorda11ce with the adopted Comprehensive Plan. [I.C. S 67-6511J. 4. The "Zoning Ordinance" of the City of Meridia11 applies and regulates all develop111ent of la11d withi11 the City limits and property outside the City lilnits for which an11exation has beel1 requested. [Meridia11 City Code S 11-1-3.J 5. The City of Meridian has exercised its authority a11d responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zonil1g Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code SS 11-1 - 11-21.J 5.1 The "Zoning Ordinance" provides a zoning district (I-L) Light Industrial District which is defined as: [Meridia11 City Code S 11- 7 -2 N.J (I-I) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial developlne11t and opportunities for eluployme11t of Meridian citize11S and area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 / ( residents and reduce the l1eed to COlnmute to neighboril1g cities; to encourage the development of nlanufacturing and wholesale establishlnents which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smol(e or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be il1 such proximity to ensure connection to the MUl1icipal water al1d sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 5.2 The "Zoning Ordinal1ce" provides for a "Zoning Schedule for Use Control" for land uses il1 various established zoning districts for permitted use, conditional use and perlnitted accessory use. [Meridian City Code S 11-6-1.] 5.3 The "Zoning Ordina11ce" provides for a zOl1ing District Map where the zoning districts established by the ordinal1ce are shown. [Meridian City Code S 11-6-1.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendlnent applications including notice and hearing procedures before the Plan11i11g and Zoning Commission and the City Council. [Meridian City Code S 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Ame11dments include the following [Meridian City Code S II-15-I1J: 5.5.1 Will the new zoning be harmonious with and i11 accordance with the COlnprehel1sive Plan and, if not, 11as there been an application for a Comprehel1sive Plan amendlnent; 5.5.2 Is the area included in the zoning amendlnent intended to be rezoned in the future; 5.5.3 Is the area included in the zoni11g alnendment intended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 be developed in the fashion that would be allowed under the new zoning - for example, a residential area turl1il1g into commercial area by means of conditional use perlnits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezol1ed. For example, have the streets been widened, new railroad access been developed or planned or adjacent area beillg developed in a fashiol1 similar to the proposed reZOl1e areas; 5.5.5 Will the proposed uses be designed, constructed, operated and lnaintained to be harmonious al1d appropriate i11 appearal1ce with the existing or intended character of the general vicinity and that such use will not change the essential character of the saIne area; 5.5.6 Will the proposed uses 110t be hazardous or disturbi11g to existing or future neighboril1g uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police a11d fire protectiol1, drainage structures, refuse disposal, water, sewer or that the person responsible for the establish111e11t of proposed zonil1g alnendlnent shall be able to provide adequately al1Y of such services; 5.5.8 Will110t create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the econolnic welfare of the COffilTIUnity; 5.5 . 9 Will the proposed uses not involve uses , activities, processes, materials, equipment and conditions of operatiol1 that will be detrimental to any persons, property or the general welfare by reason of excessive productio11 of traffic, noise, smol(e, fUlnes, glare or odors; 5.5.10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 / with traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning a1nendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and respo11sibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted Decelnber 21,1993, Ord. No. 629, January 4,1994. Developmeltt Conditions: 7. The City is authorized by I.C. S 67-6511 A by the adoption of a11 ordinance to require or perlnit as a conditiol1 of rezoning that an owner or developer n1al(e a written cOl11mitlnent concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code S 11-15-12 and if the property is annexed and zoned Meridia11 City Code S 11- 16-4. 8. Si11ce the annexation and zoning of land is a legislative function, the City has authority to place C011ditions upon the annexation of land. See Burt vs. T11e City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but 110t lilnited to: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 Meridian City Code S 11-2-4 which pertains to development tilue schedules and requirements; Meridian City Code S 12-4-13, which pertains to the pipi11g of ditches; a11d Meridian City Code S 12-5-2 N, which pertains to pressurized irrigation syste111s. 10. The developlnent of the property shall be subject to and controlled by the Z011i11g and Subdivision and Development Ordinance of the City of Meridia11. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The 110tice of public hearing on the application for anllexation and zoning was published for two (2) consecutive weel(s prior to said public hearillg scheduled for January 18,2000, before the City Council, the first publication appearing and written notice having been Inailed to property owners or purchasers of record withill three hUlldred (300') feet of the external boundaries of the property U11der c011sideration lTIOre than fifteen (15) days prior to said hearillg and with the notice of public hearing having been posted upon the property under consideratiol1 more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio alld television stations as public selVice announcenlellts; alld the matter having been duly considered by the City Council at the January 18, 2000, public hearing; and the applicant, affected property owners, and gover11111ellt subdivisions providing services within the planning jurisdiction of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( Meridian, having been given full OPPOrtU11ity to express comments and SUblllit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3~ The City Council talces judicial notice of its zoning, subdivisio11s and development ordinances codified at Meridian City Code Titles II and 12, and all current Z011i11g maps thereof, and the Comprehensive Plan of the City of Meridial1 adopted December 21, 1993, Ordinance No. 629, January 4,1994, al1d Inaps a11d the ordinance Establishing the Ilnpact Area Boundary. 4. The property is approximately20.05 acres in size. The property is located east of Eagle Road north of Railroad traclcs and south of Settler's Ca11al. The property is designated as Commerce Parle Subdivision, and described as follows: A parcel of land being a portion of the South half of Sectio11 9, T.3N., R.IE., B.M., Ada County, Idaho, and lnore particularly described as follows: COlnmencing at a point marldng the Southwest corner of Section 9, T.3N., R.IE., B.M., Ada County, Idaho; thence North 00000'0011 East along the Westerly boundary of said Section 9, 1,298.53 feet to a POi11t, said point beil1g on the extension of the Southerly boundary line of COlnmerce Parle Subdivision as recorded in Boole 45 of Plats at page 3721, records of Ada County; thence leaving said Westerly boundary, South 89056'30" East alo11g said extension and said Southerly boundary, 1,348. 7 5 feet to a point Inarld11g the Southwesterly corner of Lot 4, Blocle 1, of said subdivisiol1 and the REAL POINT OF BEGINNING; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( the11ce North 00004'51" West along the Westerly boundary of said Lot 4, 479.96 feet to a POi11t on the center line of COlnmercial Court; thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Parl( Subdivision; thence leaving said center line North 00004'51" West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right-of-way of the Settler's Canal; thence South 66039126" East along said right-of-way, 511.24 feet to a found . . Iron pIn; thence North 89019'5511 East along said right-of-way, 458.56 feet to a fou11d . . Iron pIn; thence leavi11g said right-of-way South 00041'21" West, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroads; thence South 89056'18" West along said railroad right-af-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel COl1tains 20.05 acres, more or less. This description is based upon found l110nUlnents and record informatio11. 5. The 0W11er of record of the subject property is Albertso11'S Inc., of 250 Parl( Center Blvd., Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as M-l, a11d consists of a distribution center. 8. The Applicant requested the property be zoned as Light Industrial (I-L). 9. The proposed site of the subject property is located east of Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 (- at the present easterly terminus (sic) of Commercial Court in Meridian, Idaho. 10. The subject property is bordered to the north by Settler's Ca11al and city lilnits of the City of Meridian are adjacent and abut to the north, south, east and west of the subject property. II. The property which is the subject of this application is within tl1e Area of Ilnpact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urba11 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the followi11g n1anner: as a distribution center. 14. There are no significant or sce11ic features of major ilnportance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Light Industrial (I-L). The application is consistent with the Meridian Comprehensive Plan Ge11eralized Land Use Map which designates the subject property as Industrial. Further, this application is consistent with the following provisions of the Meridiarl COlnprehensive Plan: The property is located in an area designated as Light Industrial i11 the Comprehensive Plan, which cOlnplies with the requested zoning of I-L. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( COMPREHENSIVE PLAN POLICIES Econolnic Development Chapter Policies 1.2, 1.3, and 1.13U Land Use Chapter Policies 3.1, 3.3, 3.5, 3.6, 3.8, 3.9 Hazardous Areas Chapter 2.3U, 4.3U Community Design Chapter Policies 1.6 16. Giving due consideration to the Calument received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developl11e11t will not ilupose expense upon the public if the following cOl1ditions of developlnent are imposed as a conditio11 of Staff review and approval of developluel1t perlnits, a11d which restrict the use and development of the subject real property under the Light 111dustrial Developlnent procedures and pursuant to the conditional use permit process, to-wit: Adopt the recommendations of Planning and Zoning staff as follows: 16.1 A11Y existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordina11ce 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with vvritten confirmation of said approval submitted to the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 Worles Departlne11t. No variances have been requested for tiling of any ditches crossing this project. 16.2 The site does not currently meet the City of Meridian's mi11in111111 landscape requirements. The City will require the site to be brought into compliance with the current landscape standards i11 effect at the tilne of any future building permits. 16.3 Any existing domestic wells and/or septic systelns withi11 this project will have to be removed frolTI their dOlnestic service per City Ordinance Section 5-7-517. Wells ll1ay be used for 11on- domestic purposes such as landscape irrigation. 16.4 Off-street parldng shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Developlne11t Ordinance and/or as detailed in site-specific requirelnents. 16.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of MeridiaI1 Zoning and Development Ordina11ce and in accordance with Americans with Disabilities Act (ADA) requirements. 16.6 A drainage plan designed by a State of Idaho licensed architect or engi11eer is required and shall be submitted to the City E11gineer (Ord~ 557, 10-1-91) for all off-street parl<ing areas. All site drai11age shall be contai11ed al1d disposed of on-site. 16.7 Outside lighting shall be designed and placed so as 110t to direct illumination on a11Y nearby residential areas a11d in accorda11ce with City Ordinance Section 11-2-14.D.3. 16.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashi11g Sig11S will be perlnitted. That free-standing signs should be lilnited to a maxilTIUm heigh of 20 feet. 16.9 Applicants shall provide five-foot-wide sidewall(s In accordance with City OrdiI1ance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( 16.10 All construction shall conform to the requirements of the Americans 'Nith Disabilities Act. 17. It is found that if the developer pays for the requested improvements and complies 'Nith the conditions set forth in these findings of fact, and all sub-parts, the econolnic welfare of the City and its residel1ts and tax and rate payers 'Nill be protected, which requirenlent shall be i11cluded il1 a development agreement, a condition of annexation and z011ing designatiol1. 18. It is found that the development consideratio11s which lTIUSt be tal(en into account, in order to assure the proposed development is designed, constructed, operated and maintained in a Inanner which is harmonious and appropriate in appearance 'Nith the existing, or intended character of the general vicinity, i11 order to assure that the proposed use 'Nill not change the essential character of the affected vicinity and 'Nill insure that the proposed uses 'Nill 110t be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed developlnent on potel1tial to produce excessive traffic, noise, Sl1101(e, fUlnes, glare and odors, a11d is set forth in Finding No. 16. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, t11e FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoni11g of approxilnately 20.05 acres to Light Industrial (I-L) is granted subject to the terlTIS and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.05 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall cOl1form to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the develoPlnent of this property, as follows: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worl(s Departlnent. No variances have been requested for tilil1g of any ditches crossing this project. 3.2 The site does not currently meet the City of Meridian's minimUlTI landscape requirements. The City will require the site to be brought into compliance with the current landscape standards in effect at the time of any future building perlnits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 3.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7 -517 . Wells Inay be used for n011- dOlnestic purposes such as landscape irrigation. 3.4 Off-street parldng shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Developlnent Ordinance and/or as detailed in site-specific requirements. 3.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accorda11ce with A1nericans with Disabilities Act (ADA) requireme11ts. 3.6 A drainage pla11 designed by a State of Idaho licensed architect or engineer is required and shall be sublnitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 3.7 Outside lighting shall be designed and placed so as 110t to direct illumination on any nearby residential areas and in accordance with City Ordi11ance Section 11-2-14.D.3. 3.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be perlnitted. That free-standing signs should be lilnited to a InaxilTIUm heigh of 20 feet. 3.9 Applicants shall provide five-foot-wide sidewall(s i11 accorda11ce with City Ordi11ance Section 11-9-606.B. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 4. The City Attorney shall prepare for C011sideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 Council the appropriate ordinance for the annexation and zoning designatiol1 of the real property which is the subject of the application to (I-L) Light Industrial District (Meridian City Code S 11-7-2 N). 5. Subsequent to the passage of the Ordinance provided for in sectiol1 4 of this Order the engineering staff of the Public W orl(s Departlnent shall prepare the appropriate mapping changes of the official boundaries a11d zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 NOTICE OF FINAL ACTION Please tal(e notice that this is a final action of the gover11ing body of the City of Meridian. Pursuant to Idaho Code S 67 -6521 an affected person is a perso11 who has an interest in real property which Inay be adversely affected by the issuance or de11ial of the annexation and zoning and who Inay 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. By action of the City Council at its regular lueeting l1eld on the / Sp day of re /; f- u. M.--J , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN ICEITH BIRD VOTED -#-C<- COUNCILPERSON TAlvIMY deWEERD VOTED 1J6J~ COUNCILPERSON CHERIE McCANDLESS VOTED $t't...- MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: ~ <- (- CJc) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( MOTION: APPROVED:$) DISAPPROVED: Copy served Up011 Applicant, the Planning and Z011ing Departlne11t, Public Worles Department and the City Attor11ey. Dated: l-I-OO By: City CIerI, lTISglZ:\ W ork\M\Meridian 15360 MWbertsons\AZF ECIs - - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 D 117 ,0 R -r--\II'r(~ ~U-'-.", .1 \JP '--" ~...L -!..-:,,~ ...f Revisio11s 01-26-00 BEFORE THE ~ JAN 2 6 2000 CITY OF IVlliltfD IAN __ _ ~ ~ -' ~ ~ , elL IN THE MATTER OF THE ) APPLICATION OF CHARLES ) CRANE, THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 1.9 ACRES FOR AT 3610 W. ) USTICI( RD.,MERIDIAN, IDAHO ) ) Case No. AZ-99-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application 11aving cOIlle 011 for public hearillg 011 SeptelTIber 21, 1999, and continued to October 5, 1999, and . Shari Stiles appeared and COlTIlnented, and the Applicant, Charles Crane, appeared and the matter was contillued for public hearing to Novelnber 3, 1999, at the hour of 7:00 o'clocl( p.m., and Shari Stiles, Planning and Zoning Adlninistrator, appeared alld testified, alld appearing and testifying was the Applica11t and owner, Charles Cralle, a11d no Olle appeared ill oppositio11, a1ld the l11atter was reopened for public hearillg 011 January 18,2000, a11d appeari11g and testifyil1g were Sllari Stiles, PlaIl11iI1g and Zoning Adlni11istrator, a11d Gary SI11it11, Public Worl(s, al1d the applical1t, Charles Cral1e, appeared and testified, and 110 one appeared ill opposition, a11d t11e FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE ( City Council having duly considered the evidence and the record in this matter therefore mal(es the follovving Findings of Fact and Conclusions of Law, and Decision a11d Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public heari11g on the applicatio11 for annexation and zoning were published for two (2) consecutive weel(s prior to said public hearings scheduled for September 21, 1999 and J a11uary 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record vvithin three hU11dred (300') feet of the external boundaries of the property under consideration Inore than fifteen (15) days prior to said hearing and vvith the notice of public heari11g havil1g been posted upon the property under consideration luore than one weel( before said hearil1g; and that copies of all notices were n1ade available to newspaper, radio a11d television stations as public service announcelnents; and the matter having been duly considered by the City Council at the Septelnber 21, 1999 and January 18, 2000, public hearings; al1d the applica11t, affected property OWl1ers, al1d governlne11t subdivisions providing services vvithin the planning jurisdictio11 of the City of Meridian, having been given full opportunity to express comments al1d submit evide11ce. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 2. There has been compliance with all notice and heari11g requiremel1ts set forth in Idaho Code SS 67-6509 and 67-6511, and ss11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plal1 of the City of Meridian adopted December 21, 1993, Ordi11ance No. 629, Jal1uary 4,1994, and maps and the ordi11ance Establishing the Ilnpact Area Boundary. 4. The property which is the subject to the applicatiol1 for anl1exatiol1 a11d z011ing is described in the application, a11d by this referel1ce is i11corporated herei11 as if set forth i11 full. The property is approxilnately 1.9 acres in size. The property is located at 3610 W. Usticl( Road. 5. The 0W11er of record of the subject property is Charles Cra11e, of 3610 W. Usticl( Road, Meridian, Idaho. 6. Applical1t is the OWl1er of record. 7. The property is presel1tly zoned by Ada COU11ty as Rural Transitiol1al (R-T), and consists of a single falnily dwelling. 8. The Applica11t requested the property be z011ed as Meridia11 City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticl( FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE ,/ ( Road approxilnately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creel, Estates Subdivision, to the north, east a11d west by rural agricultural property. Tl1e city lilnits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property which is the subject of this application is within the Area of Ilnpact of the City of Meridia11. 12. The entire parcel of the property is included within the Meridia11 Urba11 Service Planning Area as the Urban Service Planning Area is defined in the Meridian C01uprehensive Plan. 13. The Applicant/Owner has no prese11t plans to develop the property other thaI1 to divide the property and sell one parcel, but a11ticipates it will be developed as Low De11sity Single-Family Dwelli11gs. 14. The Applicant requests Z011i11g of the subject real property as Low Density Reside11tial (R-4) which is consistent with the Meridian C01nprehe11sive Plan Generalized Land Use Map which designates the subject property as Low Density Single Falnily and Rural Residential Housing. 15. There are 110 significa11t or scenic features of 111ajor ilnportance that affect the consideration of this applicatio11. 16. This matter was reope11ed for public hearing i11 order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirell1ents of the Ada COUl1ty Highway District for this application. 17. The Council received a report from Larry Sale, Planning al1d Development Supervisor, of the Ada County Highway District, dated Decelnber 21, 1999, which provided in its relevant parts: "In this case, the staff report [referril1g to the earlier report that had set out certain dedication conditions for which the heari11g was reopened to clarify] provided serves to let the applicant know what ACHD improvelnel1ts will be required, when and if the site redevelops. ACHD does 110t have any requirelnents for the reZ011e of the site at this time." 18. Giving due consideration to the comlnel1t received froln the gover11mental subdivisions providing services in the City of Meridian plal1ning jurisdictio11, public facilities and services required by the proposed developme11t will 110t ilnpose expense upon the public if the following conditio11s of developme11t are imposed: Adopt the recoffilne11dations of the Engineering Department a11d the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low De11sity Reside11tial, with restrictio11S that the property ca11 be split into only two parcels. 18.2 Application shall provide dOCuluentation to the City showing eligibility for a one-tilne lot split. 18.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordi11ance Section 5-7 -517 . Wells may be used for n011-domestic purposes such as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE landscape irrigation. 18.4 Applicant shall coordinate utility C011nections with Meridian Public W orl(s Departme11t. 18.5 Ni11e Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existi11g vegetation along Ni11e Mile Creel( lTIllSt be protected and maintained as per section 5.3 of the COlnprehe11sive Plan. 19. The Meridian Planni11g and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the requested ilnprovelne11ts a11d complies with the conditions set forth in these Firldings of Fact No. 18, a11d all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a developn1ent agree111ent, a C011ditio11 of annexation and zoni11g designation. 21. It is also found that the developn1ent consideratio11s as referenced il1 Fi11di11g No. 18 are reaso11able to require and Inust be tal(en i11tO accou11t, in order to assure the proposed developlnent is designed, C011structed, operated and maintained in a Inanner which is harmonious and appropriate i11 appearance with the existi11g, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly C011sidering the ilnpact of proposed developlnent 011 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE potential to produce excessive traffic, noise, smol<e, fumes, glare and odors. 22. It is fOUIld that the zoning of the subject real property as (R-2) Rural Low De11sity Residential District allows only two (2) dwelliI1g units per acre aI1d requires cOl1nection to the Municipal Water and Sewer systems and will be cOlnpatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Sil1gle Fanlily and Rllral Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the COlnprehel1sive Plall of the City as follows: 23.1 The COIlsideratio11 of the provisions of the Comprehensive plan a11d the requirelnents of the Zoning ordinance assure that the processil1g of sllcl1 application is the managemel1t of growth with the ailn to achieve higl1- quality development. Enhancemellt of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehe11sive pla11 and the Zoning ordinances of the City to all applicatiolls such as the subject application. 23.2 This proposed new grovvth developlnent will finance public service expansion by the requirement hereil1 that the applicant cOlnply with tIle requests sublnitted of the political subdivisiollS responses withill the Meridian Urban Service Planning Area submitted ill the record of tllis Inatter. 23.3 The application is consistellt with Meridiall's self idelltity. 23.4 The preservation and improvelnent of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE self-sufficient community is achieved by applying the criteria of tl1e Comprehensive pla11 and the Zoning ordinances of the City to the subject application. 23.5 COlnpliance with the requests of the political subdivisions providing services, assures that cOlnmunity services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revel1ues pay for services al1d that the Urba11 Service Planning Area is visually attractive, efficie11tly nla11aged a11d clearly identifiable. 23.6 Compatible and efficient use of land through innovative and fUl1ctiol1al site design is achieved by applying the criteria of the Comprehel1sive plan and the Zoning ordil1ances of the City to the subject application. 24. The property can be physically serviced with City water a11d sewer, if applical1t extel1ds the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written reqllest for al111exation and the real property being contiguous or adjacel1t to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Sectiol1 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth i11 the City's Comprehensive Plan. 2. The Councillnay tal(e judicial notice of gover111ne11t ordinances, a11d policies, al1d of actual conditions existi11g withi11 the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Idaho Code by the adoption of 'Colnprehensive Plan City of Meridian adopted Decelnber 21,1993, Ord. No. 629, Ja11uary 4,1994. 4. The .following are found to be pertinent provisions of the City of Meridian COluprehensive Plan and are applicable to this Application: 4.A The Goals of the COlnprehensive Plan are set forth at Page 5 a11d include: 4.1 To preserve Meridian's environlnental quality and to Inak.e provisions for and improve the total natural environme11t by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies a11d progralus. 4.2 To e11sure that growth and developluent occur in al1 orderly fashion in accordal1ce with adopted policies and procedures governing the use of land, residential development the provision of services and the distributiol1 of new housing units within the Urban Service Planning Area. 4.3 To encourage the ldnd of econOlllic growth and developn1ent which supplies elnploYluent a11d econ0111ic self-sufficiency for existing and future residents, redllces the present reliance on Boise and strengthe11s the City's ability to finance and implement public iluproven1ents, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the cOlunlunity. 4.5 To preserve a11d improve the character and quality of Meridian's man-made environ111ent while 111ai11tainil1g its identity as a self-sufficient cOlumunity. 4.6 To encourage cultural educatio11al and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land througl1 the use of innovative and functiol1al site desigl1. 4.9 To el1courage a balance of land use patterns to insure that revel1ues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-faluily dwellings, and to delineate those areas where predominately rural residel1tial development has, or is lil(ely to occur in accord with the COlnprehel1sive Plal1 of the City, and to protect the integrity or rural residential areas by prohibiting the il1trusion of il1colnpatible non-residel1tial uses. The (R-2) District allovvs for a l11axilllUlTI of two (2) dwelling units per acre and requires conrtection to the MUl1icipal Water and Sewer systems of the City of Meridial1. 6. By authority of the City of Meridian under the COlnprehensive PIal1, a conditiol1al use permit is not required for Applicant to construct and develop sil1gle- faluily dwelling units on this parcel of land. 7. Since the annexatiol1 and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of lal1d. See Burt vs. Tl1e City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 8. The development of the annexed land, if annexed, shall meet al1d comply with the Ordinances of the City of Meridian including, but not lilnited to: Section 11-9-616 which pertains to developme11t time schedules and requirements; Sectio11 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertail1S to pressurized irrigation systelTIs. 9. The development of the property shall be subject to al1d cOl1trolled by the Zoning and Subdivision and Developlnent Ordinance of the City of Meridia11. 10. Section 11-2417 D of the Zoning and Developlnent Ordinance provides i11 part as follows: If property is annexed and zoned, the City Inay require or perlnit, as a condition of the zoning, that a11 OWl1er or developer lnal<.e a writtel1 cOlllinitment concerning the use or development of the subject property. If a comlnitment is required or permitted, it shall be recorded in the office of the Ada COUl1ty Recorder and shall tal(e effect Up011 the adoptiol1 of the ordinance annexing and zoning the property, or prior if agreed to by the 0VV11er of the parcel. 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. The applicant's request for anl1exatiol1 and zanil1g of approxilnately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terll1S and COl1ditio11S of this Order herei11after stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE descriptiol1 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolutioll No. 158. The legal description for annexation luust place this parcel contiguous to the Corporate City Liluits per Ordinance No. 686. 3. Developer el1ter into a Developlnent Agreemel1t that provides i11 tl1e evel1t the conditions therein are not Inet by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development to-wit: 3.1 The property should be zoned R-2, Rural Low Density Residel1tial, witl1 restrictions that the property can be split into only two parcels. 3.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 Any existing domestic wells and/or septic systems withi11 this project will have to be rellloved froln their domestic service per City Ordillance Section 5-7 -517 . Wells may be used for 11on-domestic purposes such as landscape irrigation. 3.4 Applicant shall coordinate utility connections with Meridian Public W orl(s Department. 3.5 Nine Mile Creel( abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creel( must be protected and Inaintail1ed as per section 5.3 of the Comprehensive Plan. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation al1d zoning designatiol1 of the real property which is the subject of the application to (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE ( Residential District (& 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the el1gineering staff of the Public W orl(s Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided il1 S 11-2-425 of the Revised and COlnpiled Ordinances of the City of Meridian il1 accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please taI<e notice that this is a final action of the gover11ing body of t11e City of Meridian. Pursuant to Idaho Code S 67 -6521 a11 affected person is a persol1 who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE ( 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. By action of the City Cou11cil at its regular Ineeting held on the (5't day of Fe6t-Ujb1_f ROLL CALL , 2000. COUNCILMAN RON ANDERSON VOTED $tG COUNCILMAN I<EITH BIRD VOTED$CG COUNCILMAN TAMMY deWEERD VOTED If/JJ~ COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 2-(-00 VOTED MOTION: APPROVE~DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE ( Copy served upon Applicant, the Planning and Zoning Departlne11t, Public W orl(s Departlnent a11d the City Attorney. Dated: 2-1--(}O By:' City Clerk lTISglZ:\ W ork\M\N1eri dian 15360 M\Crane, Charles\AZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE RESOLUTION NO. J 02- BY: /(eIf!v!J/'rL ClIP; &tvn~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INT-O, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIW A TER SYSTEM OUTSIDE THE CITY LIMITS", BY AND BETWEEN THE CITY OF MERIDIAN AND RANDY R. WARE AND ELIZABETH J. WARE, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, denoted as "AGREENffiNT FOR HOOKUP TO THE CITY OF NffiRIDIAN'S SEWER/W ATER SYSTEM OUTSIDE THE CITY LTh1ITS", a copy of which is attached hereto marked as Exhibit "A" to this Resolutio~ 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: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, entitled "AGREENffiNT FOR HOOKUP TO THE CITY OF , r-fJ... NffiRIDIAN'S SEWER/W ATER SYSTEM OUTSIDE THE CITY LIMITS", dated the /.J'_ day of fi;?PTv<...tl/l..ifH ' 2000, by and between the City of Meridian and RANDY R. WARE AND ELIZAB J. WARE, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF NffiRIDIAN, IDAHO, this /513... day of r:t 6ru~-J . 2000. APPROVED BY THE MAYOR OF THE CITY OF NffiRIDIAN, IDAHO, this 1St?:: day of Resolution (Randy Ware) - 1 of 2 ( Fe ~~lt , 2000. SEAL _ 1"~ rSJ::: '\, ~ Q~/1S\. "Q) .-P f 'l 4-'/ ~'" " ...;:.,. (} ,-\>l" ,,'- // \ OU'\t:'i'l \" Z:\Work\M\Meridian 15360M\Ware Randy WaterSewerHookupAgmt\Resofnti9y f,. 1 ' \ \ \ \\' II}U,:{ tHU\\ Attest : Resolution (Randy Ware) - 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City ofMeridi~ a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the /5 f!2 day of R ~~ 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NIERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF S.AID MUNICIPALITY, AN AGREENffiNT ENTITLED "AGREENffiNT FOR HOOKUP TO THE CITY OF NffiRIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LTh1ITS", BY AND BETWEEN THE CITY OF NffiRIDIAN AND RANDY R. WARE AND ELIZABETH J. WARE, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF NIERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, denoted as "AGREENffiNT FOR HOOKUP TO THE CITY OF NffiRIDIAN'S SEWERlWATER SYSTEM OUTSIDE THE CITY LIMITS", a copy ofwbich 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: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, entitled "AGREENffiNT FOR HOOKUP TO THE CITY OF ft, NffiRIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", dated the /5- day of h/;;rJ-u-ev-tvt- ,2000, by and between the City of Meridian and RANDY R. WARE AND ELIZABtTH J. WARE, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind tbis City to its terms and conditions. / ( L "1'. ~ ~ ~Q "C:Jo :: ~~"o ~r 151 · ,9 $ ~. ...; :;..." " /.........1 Co ~.~,' ~.\ U:a. ~v \\' ;-il I lli fl. \ \ \ IIIUl!~ ;.\\1\\\\ STATE OF IDAHO, ) County of Ada, : SS: ) Qn this . I!; day of f~i/tlA- a/vlO ' in the year 2000, before me, ShlltytE/fJgaro 2-a -' , a Notary Public, appeared WILLIAM G. BERG, , known or identified to me to be the CIty Clerk of the CIty ofMendIa~ Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ....... .- ~ a -.. .. :--t,...-:.--....9~.. .~/ 0 T~'" +. .~../ ~ A \ .. -$1 \ . :oo{ *** )~: . \ , . . \ / . .. \. A-___- ,/. · ~~',:._UBL1C::~O .. .. ~~---_.... ~~.. ~.;.e-OFIO .. ....... N~~~ for Idaho Commission Expires: q (2&( 0 0 Z:\Work:\M\Meridian 15360M\Ware Randy WaterSewerHookupAgmt\CertofClerk AOA COUt1TY RECORDER J. DAViD HAYf~RRO SOi~;,Ef IOl\HO ( RECORDED" REQUEST OF'? MERjD,Aj\i GJ 1-'{ FEE +- DEPUT I bIt J 0 0 0 I 2000 FE '0 PM I: 36 CITY OF MERIDIAN ORDINANCE NO. &f?7 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacel1t to the City of Meridian, Idaho, and that the City of Meridian has received a writtel1 request for all11exatioll to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being a POrti011 of the South half of Section 9, T.3N., R.IE., B.M., Ada County, Idaho, al1d more particularly described as follows: Commencing at a point Inarldng the Southwest corner of Section 9, T.3N., R.IE., B.M., Ada County, Idaho; thence North 00000'00" East along the Westerly boundary of said Section 9,1,298.53 feet to a point, said point being on the extension of the Southerly boundalY line of Commerce Parl<. Subdivision as recorded in Boole 45 of Plats at page ANNEXATION AND ZONING ORDINANCE (AZ-99-024) - 1 3721, records of Ada County; thence leaving said Westerly boundary, South 89056'30" East along said extension and said Southerly boundalY, 1,348.75 feet to a point marldng the Southwesterly comer of Lot 4, Blocle I, of said subdivision and the REAL POINT OF BEGINNING; thence North 0000415111 West along the Westerly boundary of said Lot 4,479.96 feet to a point on the center line of Conunercial Court; thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Conunerce Parle Subdivision; thence leaving said center line North 00004'5111 West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right-of-way of the Settler's Canal; thence South 66039'26" East along said right-of-way, 511.24 feet to a found iron pin; thence North 89019'55" East alollg said rigllt-of-way, 458.56 feet to a found iroll pill; thellce leaving said right-of-way South 00041'21" West, 690.83 feet to a point on the Northerly right-oE-way of the Union Pacific Railroads; thence South 8905 611811 West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.05 acres, more or less. Tllis description is based UpOll found monuments and record illforlnatioll. SECTION 2: That the above-described real property be, and the same is hereby annexed and lnade a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zOlled Light Industrial District (I-L). SECTION 4: That the City Engineer is hereby directed to alter all use and area Inaps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE (AZ-99-024) - 2 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewitll are hereby repealed, rescinded and annulled. SECTION 6: This ordillance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The CIerI, of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a Inap prepared in a draftsman manner plainly and clearly desigllating the boundaries of the City of Meridian, includillg the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneollsly a certified copy of this ordinance and map with the State Tax Commission of the State of Idallo, all in compliance with Idaho Code S63-221S and sSO-223. I <I- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,:::. day of RPutWr J ,2000. /~-r APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of ,Fe6rua':j ,2000. ANNEXATION AND ZONING ORDINANCE (AZ-99-024) - 3 STATE OF IDAHO,) ss. County of Ada. ) On this IS.J- day of r.ebru~ry ,2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRlE a11d WILLIAM G. BERG, JR., l<nown to Ine to be the Mayor and City ClerIc of the CITY of Meridian, Idaho, and who executed the within i11strument, and aclG.10wledged to Ine that the City of Meridian executed the saIne. IN WITNESS WHEREOF, I have hereul1to set my hand a11d affixed my official seal the day and year first above written. ...... ...~. 0- -.. ..~~~O"TA~~~... ''J!.4..- l/....~ ~ "l("" . .srf'p.~' ~ .A \ . -'9 -"'1 \ .. ..O!~, * * * \N- (SEAL) '\!;r=-1' '>- ~ ~. ~ : : :\ \ : &I ~ \ I . ~,' <p~"~\~io .- ~:-b -:1ijj---....' E"'-?'... .~..~~ OFlP..+ ...... ey\Z:\ W ork\M\Meridian 15360 MWbertsons\AZ. ORD N~UBLIC FOR IDAHO RESIDING AT: (}tllrtdtiut 1 16 MY COMMISSION EXPIRES: q/:Zh/OO ANNEXATION AND ZONING ORDINANCE (AZ-99-024) - 4 (" CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasllrer al1d Assessor of Ada County, and The State Tax Commissiol1 of the State of Idaho I, WILLIAM G. BERG, JR., City ClerIc, of the City of Meridian, Ada COll11ty, State of Idaho, do hereby certify that the attached copy of Ordinance No. g7~ passed by the City Council of the City of Meridian, on the / S?, day of R 6rtlCf/u/ 2000, is a true and correct copy of the original of said docun~ent which is in the care, r C1IStody and control of t~~"WiJay,h;lerl( of the City of Meridian. "",:; of MER~':"'I',,,t' " A. ~ ~ ~A "", ,..... ~ ' ~l) A -t~,..", ~~ (j 00 "U1)'-~ ~ ~ ~ ;0 ~ ~ ~ = ~ SEs\L County of Ada, ) L 2n .this /51- day of re-bnutr~, in the year 2000, before me, orLt/~ E. ~tu-rj2A-- , a Notary Public, appeared WILLIAM G. BERG, J ., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrlllnent, and aclcnovvledged to me that he executed the same on behalf of the City of Meridian. (SEAL) /I}f Notary~UbliC for Idaho Commission Expires: q !2b!OO msg\Z:\ W ork\M\Meridian 15360MWbertsons\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERlDIAN l~ ')i W d~ q Ii I] i! ~ ,"" "6L; "(r1" Ig ~ta.a:J 'N :1!1 Q II 11 S 1111 a :~, '0 11 'It :::> ~ V) :~t ~ ~~ , I t 11 : [1 I I: [I I : P I I, II ) II! 11 . J l ] I d : i ii ):1 I d ! I )Il 1: I 1 , I : 11' I ,I \:, :-~-=--3i!5V3--=--- - __h -=-- = -= -=-~ = -=-- , \-~- :..-::::-:..-:..- :.,-:. -: -:..~ _ ~': =:: ~ -.:.. ~-=- :.-:.-:. ::::::- all 31!JV3 =--~- -;.;:,;-=...:- -...---,..:-- - - -- ------ ---- -- - --~-.: - --~. ..-;=--=-:-"?'~-~~ --- oo-~" ~,-;,f t/(4q, '" ~~; \ \ \ \ t \ \L----11 , \ I , , I \~ II. 1BL-i! I~~LJI IU, . !gLj /J;;;: I I t ;t]j I '--=--N ~ 19)t'i1:1~- 1 1: [ !I: I 1 ( 11 l IIi I I I; I I II :\~. 1\ 'Iill-J \ ' l\ \~ I \ \------1 J) J. I,; .. I . ~: ._~~ I I 1 I I I 1 I I I I I I f I I I I I ; I I , I j J ... i j!: :t;:' ~i' $ l- o -Z 00-8 ('0 \\ T ~ ~ J ~~ C'y ~ ~ ui ita "~ 11 ~ 1,2 ,i9 'Ob'"' 'M"rz",,,.oo 9 ,\\r- -'2 ~ ~i it~ \\)~ ~~ UJ w \.l ~ ~ :i ~ !1 -\t ~ ~ 1: I~ , '" I I ~ , '" I o C5 ~ ~ I ~ lID :1 II u ~ z 0 I \C\ Z t""" I - i I ~ I ul l: ~ 1 " ~ t r~ \l'I l~ , I; ~ : . RE~f'~r)EO - REQUEST OF I\OA COUNTY RECORDER d. pn.~ '. cb i/YI /.. A /l _.-/1 J. ~2Y~~,~i~Xft~RO V{/ l' fEE-r-OEPUTY ~vrcr' \. 2000 FE - 3 PH I: 24 i 0 0 0 0 8 7 I 9 M.AIDIAN CITY CITY OF MERIDIAN ORDINANCE NO. B~6 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED FOR PARCEL A LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND PARCEL B LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRlPTION AS DESCRlBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAlIO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUA~T TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following 'described land is COlltiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a writtell request for allnexatioll to the City of Meridian, Idaho, by the owner of said Property to-wit: Attached hereto as Exhibit ((A)) and consisting of two pages. SECTION 2: That the above-described real property be, and the sa111e is l1ereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridiall hereinabove described sllall be zOlled Parcel A Low Dellsity Residential (R-4) and Parcel B Limited Office (L-.O), and which restrict the use and developlnent of the subject real property ANNEXATION AND ZONING ORDINANCE - 1 Parcel A under the Planned Unit Development procedures, and pursuant to the Conditional Use Pertuit process, and for Parcel B pursuant to the Conditional Use Permit process. SECTION 4: That the City Engineer is hereby directed to alter all use and area Inaps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is sllbject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999, which restrict the use and development of the subject real property Parcel A under the Planned Unit Development procedures, and pursuant to the Conditional Use Permit process, and for Parcel B pursuant to the Conditional Use Permit process, and due to the si11gle- family use adjacellt to the north of this parcel, a minimum 20-foot landscape buffer is reqllired and shall be a condition attached to this property in the Development Agreement. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk. of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of ANNEXATION AND ZONING ORDINANCE - 2 ( Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63-2215 and s50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this fi /; nul r:J ' 1-999. 206 D APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this R 6r6UVt-j- , -1-9-99. :200<7 IJ.' / S-p day of /q7 day of ~ ,ltn If 'ltll/ \\\\ f ~II/ -':\ ,\-\ -t 0 11// " ~, ~ "" }"" () ~~ h ~1-- '\. ~ ~c; ~ ~ 2 ~ v ~ ~ SEAL ~ &' 2 STATE OF IDAHO,) % -'0 Qu.sr lS~ . '\~ .f? i : ss. ~; ~ r\- ..<"\~. ,$" f'...... .....u' J yv' ", County of Ada.) '/~'~/'IJl vNr"l .\\\\\,,,, lUlU nU\\ /S~ ~o6 On this day of Feb1 i<-~ ' 1-999, before me, the undersigned, a Notary Public in and for said State, persol1a ly appeared ROBERT D. CORRIE a11d WILLIAM G. BERG, JR., lenown to me to be the Mayor and City Clerk of the CITY of Meridial1, Idaho, and who executed the within instrulnent, and aclG10wledged to Ine that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set lny hand al1d affixed Inyofficial seal the day and year first above written. ....... ~ .. -c2 tJ-. ..~,~:._--g~.. .~~OT~,,~~. il:tll ~ .A '~~ NOT' PUBLIC FOR IDAHO :~! * * * J~: RESIDING AT: /ilLf.rtd-~ tJ) ~ \ ,1 : MY COMMISSION EXPIRES: 1/217/2000 . "A--.... . ,., ..U>>~''''':'YBL\S''O .. msg\Z:\Work\M\Meridia: f13~;~'~~: Community\AZ.ORD -";..:~~ (SEAL) ANNEXATION AND ZONING ORDINANCE - 3 ./~ / ..-// ( ~ ANlENDED September 7, 1999 DATE: July 26, 1999 PROJECT: 98048 PAGE: 1 of 2 EXHIBIT "A" BOUNDARY DESCRIPTION For ANNEXATION TO THE CITY OF l\1ERIDIAN Two parcels of land situated in Sections 17 and 18, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: PARCEL A A parcel of land being the Sth of the NWIA of Section 17, described as BEG~G at the north 1/16 corner common to said Sections 17 and 18 as shown on Record of Survey No. 1199; thence, along the exterior lines of said 5th of the NW~, through the following courses: 1) N.89030r51 tiE., 2648.31 feet to the center-north 1/16 comer of said Section 17, thence; along the east line of said S 1h of the NW IA , 2) S.ooo07'39"E., 1328.47 feet to the center ~ comer of said Section; thence, along the south line of said NW IA , 3) S.89029'53"W., 2651.27 feet to the ~ corner common to said Sections 17 and 18; thence, along the west line of said NW 1,4 , 4) N.oooOO'OO"E., 1329.23 feet to the POINT OF BEGINNING. CONTAININ"G 80.83 Acres, more or less. EXCEPTING THEREFROM the right-of-way for Locust Grove Road. PARCEL B A parcel of land in the NEIA of the NE~ of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, described as BEGINNING at the southeast corner of the northeast quarter northeast quarter of Section 18, TownsQip 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said Section 18; thence, 5) South 89 degrees 11 Ih ' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, H: \98048\Anncx.. Desc. Doc DATE: PROJECT: PAGE: 6) 7) 8) ( July 26, 1999 98048 20f2 North 0 degree 55' East, 149.0 feet to a steel pin; thence, North 89 degrees 11 1,6' East., 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less H: \98 048 \Anne x- Desc. Doc OCT 0 5 1999 UEFUOfAN PUBlfC WORKS DEPT. r( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada COU11ty, and The State Tax Comlnission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada COU11ty, State of Idaho, do hereby certify that the attached copy of Ordinance No. tJS6 pas~~by the City Council of the City of Meridian, on the I Sf? day of Fe6r~ 1-9-~: IS a true a11d correct copy of the original of said document whicl1 is il1 the care, custody and cOl1trol of the City Clerl( of the City of Meridian. ,,\-\"\\llfn I,tlll sJ.' :I"'d: S. I II, ~,,\ -' \..TI '1"/. ,....' ~ ~ ~ ~ )'.i', #' (} . ot'POIl..t h''''' % " "..0 ~A ~ g ~ v ~ WILLIAM G. BERG, JR. On this I sF- day of F~Utl/L'1r ,in the year 1999, before me, Sht~ p, Ugturn"71L/ , a Notary Public, appeared WILL G. BERG, JR., IGlown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said i11strurnent, a11d aclG10wledged to l11e that he executed the same on behalf of the City of Meridian. ....... .. -c: U-. ..~ ~:.-- 0. +. l::#:;OT~1t~.. " -...." '~. :~: *** \~. .00. '> . . ' : . . \ I · . \ I . . ".A.--.. . ~. ..~~~~~!9.~o... ... OFlP.... ...... tnsg\Z:\W ork\M\Meridian 15360M\Meridian Fonns\CertificationOfClerkOrd,frm (SEAL) N~liC for Idaho Commission Expires: ql'U?/ uv CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN li;1 I:\~ li!!1 ': . ! \ 'ii! . m I, - -/1 : \ ::1::, ~ 5:1 ; I 1:~11 fEN.WI L I ~tjh t-- '\----- 2~-J-l' t ':~il ' · I ~ ;:1/ CREE HILL . 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