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Home My WebLink About1999 04-20 ( MERIDIAN CITY COUNCIL AGENDA SUMMARY TUESDAY, APRIL 20, 1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MA VOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM PREVIOUS MEETING HELD APRIL 6, 1999: (APPROVE) B. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN: (APPROVE) C. REQUEST FOR BEER LICENSE BY TURBO ENTERTAINMENT, INC. d/b/a MERIDIAN SPEEDWAY: (APPROVE) D. REQUEST FOR TRANSFER OF BEER, WINE AND LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC.: (APPROVE) E. RESOLUTION FOR PENNIES FOR PARKS: (APPROVE RESOLUTION #222) REGULAR AGENDA 1. TABLED 4/6/99: REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: (APPROVE) 2. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: (APPROVE) 3. TABLED 4/6/99: ORDINANCE #820 - ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: (APPROVE) 4. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BElWEEN WALTMAN LANE AND TEN MilE): (APPROVE) 5. TABLED 4/6/99: ORDINANCE #821 -ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: (APPROVE) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: (APPROVE) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAVKO - 310 E. BROADWAY: (APPROVE) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: (TABLE UNTIL MAY 18, 1999 MEETING) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO.2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: (APPROVE) 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: (APPROVE) 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L-O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - WEST OF NORTH TEN MILE, BETWEEN TETER & MUIRFIELD: (APPROVE) 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-Q FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - NORTH OF FRANKLIN RD, BETWEEN 5TH AVE & BALTIC PLACE: (APPROVE) 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR.- NORTH OF OVERLAND RO, EAST OF BLUE MARLIN LN: (APPROVE) 14. TABLED 4/6/99: ORDINANCE #_ -- ADD ASSISTANT FIRE CHIEF: (TABLE UNTIL MAY 4, 1999 MEETING) ( ( 15. ORDINANCE # 822 -- PARKS AND RECREA liON COMMISSION: (APPROVE) 16. FINAL PLAT FOR DAKOTA RIDGE NO.2 SUBDIVISION BY STEINER DEVELOPMENT - SOUTH OF USTICK AND ONE HALF MILE WEST OF TEN MILE: (APPROVE) 17. FINAL PLAT FOR THOUSAND SPRINGS NO.4 SUBDIVISION BY FARWEST LLC - NORTH OF VICTORY AND WEST OF EAGLE: (APPROVE) 18. DISCUSSION OF THOUSAND SPRINGS DEVELOPMENT AGREEMENT BY FARWEST LLC: (APPROVE DEVELOPMENT AGREEMENT) 19A. FINAL PLAT FOR HAVEN COVE NO.9 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: (APPROVE) 198. FINAL PLAT FOR HAVEN COVE NO. 10 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: (APPROVE) 20. FINAL PLAT FOR MEDIMONT NO.2 SUBDIVISION BY PROPERTIES WEST- SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE: (APPROVE) 21. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC.: (APPROVE TRANSFER SUBJECT TO STAFF CONDITIONS) 22. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES - NORTH OF USTICK RD, EAST OF TEN MILE: (ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER) 23. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR HARTFORD SUBDIVISION (58 SINGLE FAMILY BUILDING LOTS ON 18.02 ACRES) BY GLENN JOHNSON HOMES -NORTH OF USTICK RO, EAST OF TEN MILE: (APPROVE PRELIMINARY PLAT WITH STAFF CONDITIONS) 24. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: (ATTORNEY TO PREPARE FINDINGS AND DECISION AND ORDER) 25. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & (' ( WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: (ATTORNEY TO PREPARE FINDINGS AND DECISION AND ORDER) 26. DEPARTMENT REPORTS: A. JANICE SMITH: REPORT (PRESENTED) B. TOM KUNTZ: CHANGE ORDER FOR GENERATIONS PLAZA. (APPROVE) C. MAYOR CORRIE: D. CHIEF GORDON: GRANT APPLICATION FOR TWO NEW OFFICERS (APPROVE) E. SHARI STILES: COMPREHENSIVE PLAN UPDATE. F. GARY SMITH:' JOE SIMUNICH. (APPROVE PROPOSAL) MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 20, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X. RON ANDERSON )( CHARLIE ROUNTREE .X GLENN B~tJTLEY XKEITH BIRD --A-MA YOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM PREVIOUS MEETING HELD APRIL 6, 1999: ~V~ B. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN ADA COUNTY HfGHWA Y DISTRICT AND THE CITY OF MERIDIAN: C1frVLR--- c. REQUEST FOR BEER LICENSE BY TURBO ENTERTAINMENT, INC. d/b/a MERIDIAN SPEEDWAY: ~VLe.- D. REQUEST FOR TRANSFER OF BEER, WINE AND LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC.: /ifr~ E. RESOLUTION FOR PENNIES FOR PARKS: dfJjJft?~ REGULAR AGENDA 1. TABLED 4/6/99: REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: aprr-" ~.e- TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: apJP)fD V..e- TABLED 4/6/99: ORDINANCE #_ - ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: TABLED ~ELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MilE): tvpj7YV>~ TABLED 4/6/99: ORDINANCE #_ - ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: ~C)V~ FINDINGS bf: FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING 2. 3. 4. 5. 6~ 7. 8. 9. 10. 11. 12. 13. 14. 15. ( ( TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA- NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: ~i)V~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAVKO - 310 E. BROADWAY: ~PVV<:-- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: ~ /,vl-hZ /ha-; (tf11:-~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO~ 2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: c:vpp r 6' v ...e.....- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: approY-~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L-Q FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - WEST OF NORTH TEN MILE, BETWEEN TETER & MUIRFIELD: ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - NORTH OF FRANKLIN RD, BETWEEN 5TH AVE & BALTIC PLACE: ~cM- FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF INGRESS/EGRESS & UTiliTIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR.- NORTH OF OVERLAND RO, EAST OF BLUE MARLIN LN: TABLED 4/6/99: ORDINANCE # -- ADD ASSISTANT FIRE CHIEF: ~~~ 11~ 7?J.- ~ ORDINANCE # _ -- PARKS AND RECREATION COMMISSION: #- ~~V.JI-/ 16. 17. 18. 19A. 19B. 20. 21. 22. ( / \ 23. FINAL PLAT FOR DAKOTA RIDGE NO.2 SUBDIVISION BY STEINER DEVELOPMENT - SOUTH OF USTICK AND ONE HALF MILE WEST OF TEN MILE: ~v..e.., FINAL PLAT FOR THOUSAND SPRINGS NO.4 SUBDIVISION BY FARWEST LLC - NORTH OF VICTORY AND WEST OF EAGLE: ~V~ DISCUSSION OF THOUSAND SPRINGS DEVELOPMENT AGREEMENT BY FARWEST LLC: ~~ FINAL PLAT FOR HAVEN COVE NO.9 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: IZfJflrtJ V L-- FINAL PLAT FOR HAVEN COVE NO. 10 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: ~v-.e-.- FINAL PLAT FOR MEDIMONT NO.2 SUBDIVISION BY PROPERTIES WEST- SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE: apJ?rtJtr& PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC. -JJ - ~lJ{/..e ~~ Ptv6;-i</ 10 rhff- ~hbYV" PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES - NORTH OF USTICK RD, EAST OF TEN MILE: eik af~ fv~j1~ -PIE-telt PUBLIC HEARING: FiEQUESTFOR PRELIMINARY PLAT FOR HARTFORD SUBDIVISION (58 SINGLE FAMILY BUILDING LOTS ON 18.02 ACRES) BY GLENN JOHNSON HOMES -NORTH OF USTICK RD, EAST OF TEN MILE: tfCj?pnJV'.e JJ1-d - ~ t,ufr/v F/7<..H (JQ?Ldih ~ PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE- SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: ,JJ / 6/ M dmuvj ~ ~j7t<A..e/ {"I F-t c/ ~ t a {o PUBLIC H~ARING: RE:QUEST F"OR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLlN ROAD, ON LINDER ROAD: - I &lry a~ 1-0 ~f~ ,/1;:- (e/I( <( dlo 24. 25. r ( ( 26. DEPARTMENT REPORTS: A. JANICE SMITH: REPORT -- ;ru-~cU B. TOM KUNTZ: CHANGE ORDER FOR GENERATIONS PLAZA. ~V~ C. MAYOR CORRIE: D. CHIEF GORDON: GI-~-r ~~"c-c;J,~ /U-- -{zoo f\.e{;t..> oU'tM-r CLp~.e. ~ 3.- 2- E. SHARI STILES: COMPREHENSIVE PLAN UPDATE. F. GARY SMITH: JOE SIMUNICH. #prov..e- jJ/'frIQsaL 6 Ie 1'tn-l3ew11 0/ ,... C'~(;~ ~ree- /,- P"v6&7:-~P~ 4--2-7-tff e 7J'3;;>P~ JP. ~ fitd- hh--e- ~f1fTl-- A.u- nhL- cPfe; ht-~~~ ~jJ~-~ ~ .:' - ( MERIDIAN CITY COUNCIL MEETING APRIL 20. 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on April 20, 1999 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Corrie: I want to welcome you here tonight for our meeting. We were doing a little house cleaning and it seems like our attorney kind of did a better job sweeping here for us. Council you have the consent agenda items A, B, C, D and E. Is there anybody who would like to have those consent agendas, anyone want to take one or any of them off? Bird: Mr. Mayor, I don't want to take one out, but I would just like to know what the resolution number is. Rountree: Yes. Corrie: Mr. Clerk, what is the resolution number for Pennies for Parks? Berg: Mr. Mayor and members of the Council, I'm not sure of that answer. It will be the next one in line, but I can't tell you. It is not on my sheet for reference so I couldn't tell you what that resolution number would be. Bird: 821 sound right? Berg: That's an ordinance number. Bird: That's an ordinance. Berg: We're in the 200'5 for resolutions. Corrie: Well you can approve it and get the resolution number from the City Clerk. Bird: Yeah. Mr. Mayor, I move we approve the consent agenda A, S, C, 0, E and the City Clerk will get the resolution number on item number E. Bentley: Second. Corrie: Motion made and second to approve the consent agenda A through E. Is there any further discussion? Rountree: I have none. Corrie: All those in favor of the consent agenda say aye. MOTION CARRIED: ALL AYES. 1. TABLED 4/6/99: REQUEST TO HOOK UP TO CITY SEWER BY YMC, INC: Corrie: Staff any comments? ( Meridian City Council Meeting April 20, 1999 Page 2 Smith: Thank you Mr. Mayor and Council members. Dan Sweep from YMC has corresponded with me and sent a legal description for the property over which I transmitted on to Mr. Gigray for inclusion into the agreement for connection to the City sewer. The City sewer is live. It is ready to accept sewage at that point, so a connection can be made. City water presently exists across the frontage of this property and the along Lanark Street farther to the west and there is a fire hydrant directly across the street from this project from this property. I've talked to Kenny Bowers, our Fire Chief, and Kenny doesn't have any problem with fire protection of the property on the basis of that fire hydrant location. The applicant has agreed in the letter that they wrote to the City requesting connection to the sewer for the annexation process to begin, and I guess the only issue had to do with the connection of the building itself to city water and whether that would be done now or at a future time when water was needed. At this point in my life, I'm not anxious to sell water to anybody that doesn't need it, because we've got plenty of places to put it otherwise so that's up to you folks. They have provided information to me for the water using facilities within the building and we will use that to determine an assessment for the connection and also to determine if you so desire not to require the water connection a flat rate sewer use fee, monthly fee. I believe I covered all the points of this request that remain to be answered and also some further clarification. If you have any questions, I'll be happy to answer them and Dan is here this evening representing YMC. Thank you. Corrie: Thank you Gary. Any questions from Council for staff? Bird: I have none. Rountree: None. Gigray: Mr. Mayor and members of the Council I would - we have prepared an agreement for the hook up of the sewer outside of the city limits, and we would just need authority for the Mayor to sign that on behalf of the city for this property. Bird: Has YMC seen that agreement too? Corrie: Have you seen that agreement? Swigg: No. Bird: Have you seen the agreement? Gigray: If you wish if you want to table this while he takes a look at it, it's our standard form for agreements where they're not extending the line. We're just agreeing that we would be extending to allow them to hook up to our sewer and it has standard provisions in it. ( Meridian City Council Meeting April 20, 1999 Page 3 (Inaudible) Rountree: Mr. Mayor, I would move that we approve the city entering into an agreement with YMC for sewer hook up subject to their approval. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the hook up request to the city sewer by YMC. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 2. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE SUBDIVISION: Corrie: Staff, do we have that agreement and is it signed? Rountree: Yes, we do. Berg: Mr. Mayor and members of the Council, with the two pages that you got recently, it is an okay agreement and I do have signatures from the applicant. Corrie: Any other comments from staff? Rountree: Mr. Mayor I move that we approve the development agreement for Thousand Springs Village Subdivision, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and second to accept the development agreement, the Mayor to sign and the City Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. TABLED 4/6/99: ORDINANCE #820 -ANNEXATION AND ZONING OF THOUSAND SPRINGS VILLAGE SUBDIVISION: Corrie: City Clerk would you read the title only on the ordinance? Berg: Yes, Mr. Mayor. (CLERK READ ORDINANCE BY TITLE ONLY) ( Meridian City Council Meeting April 20, 1999 Page 4 Corrie: Thank you. Is there anyone from the audience who would like to have Ordinance #820 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #820. Bentley: Mr. Mayor I move that we approve Ordinance #820 annexation and zoning of Thousand Springs with suspension of rules. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve Ordinance #822 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 4. TABLED 4/6/99: DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN MILE): Corrie: Mr. Clerk, do we have a signed agreement on this one? Berg: Mr. Mayor and members of the Council, we do have a signed development agreement by the applicant. Corrie: Staff comments? Okay, Council have any questions? Bird: I have none. Bentley: I have none. Corrie: I'll entertain a motion on item number four. Bentley: Mr. Mayor I move we approve the development agreement for John Goade, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve item number four development agreement as stated in the motion. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. TABLED 4/6/99: ORDINANCE #821 - ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN GOAD: Meridian City Council Meeting April 201 1999 Page 5 Corrie: Mr. Clerk, would you read the ordinance by title only please. Berg: Thank you Mr. Mayor. (ORDINANCE #821 WAS READ BY TITLE ONLY) Corrie: You heard the reading of the title of the Ordinance #821. Anyone from the audience who would like to have the ordinance read in its entirety? Any further discussion? I'll entertain a motion to Ordinance #821. Rountree: Mr. Mayor I move that we approve Ordinance #821, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve Ordinance #821 for the Mayor to sign and the City Clerk to attest. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SIX LOT SUBDIVISION CONTAINING TWO DUPLEXES AND FOUR 4-PLEX UNITS FOR PROPOSED MERIDIAN ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH OF PINE AVENUE, WEST OF WEST 4TH STREET: Corrie: Staff any comments on item number six? Gigray: Mr. Mayor, members of the Council, we have prepared at the request of the Council Findings of Fact and Conclusions of Law and Decision and Order in this particular matter, and I believe you have that in your packet. This has to do with the request for conditional use permit. I would point out in these Findings, I have included the Comprehensive Plan analysis of your decision, which is contained in part 12 thereof at page 8. That of course is part of any analysis of the Comprehensive Plan so I just want to draw that to your attention. You take judicial notice of your own Comprehensive Plan and those provisions are outlined there and then the conditions of the conditional use permit are set out in the Order of Decision and then the Order of Decision has also been prepared so that there's a separate Order of conditional use permit which would be signed by the Mayor if you authorize these findings and this decision. The conditions of the approval are under part one of the Order of Decision starting at page 14 and running through page 17. There are 23 conditions on this one. Corrie: Thank you. Any other staff comments? Any other comments from Council? I'll entertain a motion on the Findings of Fact and Conclusions of Law on item number six. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law for the conditional use permit for Meridian Acres Subdivision and the Decision and Order. / I Meridian City Council Meeting April 20, 1999 Page 6 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve item number six and with the Decision and Order approval as well. Any further discussion? All those in favor of the motion. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAVKO - 310 E. BROADWAY: Corrie: Brad, any comments? Hawkins-Clark: This as you know is Mr. Mayor passed through because of the location proximity to old town although it is not in old town, but we've reviewed and as the comments were set forth in the memo, staff is fine with it. Gigray: Mr. Mayor and members of the Council, the reason I was going to report was because this was - we prepared the findings based on your decision at the last meeting and this being a conditional use permit for the home salon. We have those findings and also a proposed order for your consideration. We have worded the proposed order so there's a limitation on the use of this property for this home occupation up to three days or not greater than three days per week. Corrie: Any further discussion to Council? I'll entertain a motion on item number seven. Bird: Mr. Mayor I move that we pass the Findings and Facts and Conclusions of Law and Decision of Order and conditional use permit for the home salon of Tina Sayko at 310 E. Broadway. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law item number seven of Tina Sayko. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. Corrie: Did all of the Council get the letter that they want to withdraw the annexation? Rountree: I did. Bird: I did. Rountree: Yes. ( f I Meridian City Council Meeting April 20, 1999 Page 7 Corrie: Then I will entertain a motion that item number 8 be excluded based upon the letter. Findings of Fact and Conclusions of Law, excuse me, Mr. Gigray. Gigray: Mr. Mayor and members of the Council, this is the first time we've run into this type of withdrawal of an application particularly after you have had a public hearing and you've had all the Findings and all of the paperwork drawn. I would recommend to the Mayor and to the Council as a cautionary in this regard that a notice be sent. We would prepare it for the Mayor's signature or for the Clerk's signature rather that this request has been submitted, that the Council continued this for one meeting and that it will in fact dismiss this entire proceeding and all applications if no other word is received between now and next meeting and then it can be on the consent agenda for the next meeting if no further communications are received. I just think as a cautionary. I realize Mr. Hoffman has represented this applicant all the way through this process, but there's a lot of work gone into this. It's been through a lot of processes. You just want to make sure there weren't any miscommunications. I think that would be a little safety valve. Corrie: Okay, discussion? Bird: Mr. Mayor I wasn't on the Council, but wasn't there something in the building of that building that went in with the annexation of - there wasn't? Okay. Anderson: Mr. Mayor I would make a motion then that these Findings of Fact and Conclusions of Law for the request for annexation be tabled for one month and that if there's no further communication from either Paul Hoffman or the representatives from the Presbyterian Church that this be removed from the record and this request would be denied. Bird: Second. Corrie: Okay motion made by Mr. Anderson second by Mr. Bird to notice be sent and the consent agenda in one month to - Anderson: That would be 5/18. Corrie: Okay, 5/18 date. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Before I start on 9, Mr. Gigray you made a comment to me that you'd like to have number ten and nine switched. Do you wan~ to comment on that? Gigray: Thank you Mr. Mayor, members of the Council, I would make a , recommendation to the Mayor and City Council that you reverse the order of these. The basis upon my recommendation is the fact that the Hollister application is in fact the property that abuts the City of Meridian and these were submitted together but have been separated for purposes of holding public hearings. I would recommend that you take action on Hollister first. That you could take action on approval of the School District's Findings of Fact and Conclusions of Law if you find them in order together with (~-- / ( Meridian City Council Meeting April 201 1999 Page 8 approval of the proposed development agreement, but that you hold action on approval of the annexation ordinance on the school district one meeting behind approval of the annexation ordinance on Hollister so that when those ~re submitted to the State Tax Commission and for recording, it is clear that one has been recorded and is enacted before the other so that we don't have the State Tax Commission sending back the ordinance because of that particular issue. I checked with Bruce Freckleton today about that. I had some concern about what might happen. He indicated that that would be a possibility and that the prudent thing to do would be to move in that fashion. Corrie: Okay hearing no objections from the Council we'll move item ten back to nine if no objection. 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: Corrie: Any staff comments on item number 1 o? Gigray: Mr. Mayor and members of the Council, we've prepared these at the direction of the City Council based on action taken at the last meeting. We have included the staff findings. There was some issue with regards to the requirement for landscaping adjacent to the road. I believe that that's been taken care of here and there's a specific finding in these proposed findings relative to that point due to the application of the School District that there wouldn't need to be landscaping adjacent to the subdivision. I would say that I have comment with a representative of the Hollisters in this matter and I think the language of all of this has been worked out. Corrie: Any other comments of Council? Rountree: Mr. Mayor, item 4.11 on page 13 is a repeat, so I would suggest that we in the motion just delete that item. 4.9 is the same. 4.11 and 4.9 are the same. Corrie: 4.11 then. Any further comments? I'll entertain a motion on item number 10. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and the Decision and Order granting application for annexation and zoning with the exclusion of item 4. 11 on page 13. Bentley: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the exclusion of item 4.11. Any further discussion? Meridian City Council Meeting April 20, 1999 Page 9 ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL DISTRICT NO.2 - EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB: Corrie: Going back to item number nine then with the recommendation that we table item number nine for the next meeting according to the City Attorney's explanation. Any other comments from staff our Council? (Inaudible) Corrie: Did you say table? Gigray: Mr. Mayor and members of the Council, with regards to item number nine, we have a form development agreement for that because there were some conditions requested as a condition of annexation and I don't know how you do that without one, so we prepared one for submission, and then I believe there is also an annexation and zoning ordinance for the Hollister property which we have prepared for your consideration. You might put that on and have someone sponsor it for reading if you approve these actions. That could complete your action on the Hollister - on the School District property. You certainly could I think move forward and approve the findings if you find those satisfactory as well as the form of the development agreement and then hold the action on that annexation ordinance until we've completed the other. Corrie: Okay. Rountree: I'm not confused. I just don't know what's going on. Bird: I'm real confused. Rountree: You say you do have an annexation ordinance. Gigray: We have - I hope you have one there because I have prepared in my file a development agreement and an annexation ordinance that was sent. Bird: We don't have that Bill. Gigray: Maybe it wasn't sent over. It's been prepared. Bentley: Yeah, we haven't got it. Gigray: Well never mind. You would just hold that until the next meeting. Bird: How about number nine? Bentley: We can approve the findings on nine. ( Meridian City Council Meeting April 20, 1999 Page 10 Corrie: Okay, all right. Bentley: Mr. Mayor I move that we approve the annexation and zoning for the Findings of Fact and Conclusions of Law for the annexation and zoning of Joint Meridian School District No.2. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law for request for annexation and zoning by Meridian School District No.2. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L-O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - WEST OF NORTH TEN MILE, BETWEEN TETER & MUIRFIELD: Corrie: Mr. Mayor I have a question of what the exact acreage is. On the findings, it says .75 and on the agenda it says .578. Is one a typo? Bird: I think .75 is a typo. Gigray: Mr. Mayor and members of the Council, Councilman Bentley, the description and the final draft includes the road. The original description in the application didn't include the road and that's the reason for the difference and because we're talking about a rezone here and boundaries and so on, that was felt that it should include all of that and that's why the difference. You see the same thing in the next one and it's the same reason for the difference. Bentley: Thank you. Corrie: Any other questions from Council? Bird: I have none. Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law on item number 11. Anderson: Mr. Mayor, I make a motion we approve the Findings of Fact and Conclusions of Law and Decision and Order for the request for rezone of the property for the fire station on Ten Mile. Rountree: Second. Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law item number 11. Any further discussion? ( Meridian City Council Meeting April 20, 1999 Page 11 ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 1.936 ACRES FROM I-L TO L-O FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN - NORTH OF FRANKLIN RD, BETWEEN 5TH AVE & BALTIC PLACE: Corrie: Any comments from staff? Gigray: Mr. Mayor and members of the Council, this as the previous one there's a little difference in the amount of acreage and again this is because the inclusion of the Franklin Road that is part of this parcel. I would note that we will submit if you go ahead and approve this, I'll have my staff retype this. I see the footer still has the 1.936 on it even though everything else has been changed for signature. If you desire or you can note that that footer does not reference the amount and that the actual amount of ground is referenced in the findings because that has been changed. Corrie: Any comment from Council? Bird: I have none. Rountree: Mr. Mayor, on page 14 item 2.9 the first line, there's reference to section line of Franklin Road. That should be centerline. Corrie: Any other corrections? Okay, I'll entertain a motion on item number 12. Bird: Mr. Mayor I move that we pass the Findings of Fact and Conclusions of Law for the request to rezone of 2.12 acres from I-L to L-O for the Meridian Fire Station by City of Meridian, north of Franklin Road between 5th Avenue and Baltic Place and that in the conclusions of law, the footers be changed to 2.12 and also the change on 2.9 from section line to center line. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law item number 12 with the corrections as stated. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS WATER PARK BY REED BOWEN, JR.- NORTH OF OVERLAND RD, EAST OF BLUE MARLIN LN: ( Meridian City Council Meeting April 20, 1999 Page 12 Corrie: Okay, Mr. Gigray. Gigray: Mr. Mayor and members of the Council, we have prepared an order granting city approval of the request for this vacation. I point out and this is the first time this type of request has come before the Council since I have been staffing the City Council meetings. In the future I think we'll try to in house note these requests as they come up. There is a provision in the Idaho Code as referenced as you'll see in part two of the order on page three that in my opinion requires that this applicant make application to the Ada County Highway District because that statutes says that the vacation of easements will be handled as street vacations and as we know in this county that's done by the Ada County Highway District. The other code section is a reference to the vacation procedure for streets and so on so this order is the approval. Of course it would require the approval of the city by statute so the action that's been taken will be helpful to the applicant, but I think their best advised that they should seek vacation through the Ada County Highway District. If they render an opinion that they have no jurisdiction in this matter and that the approval of the City of Meridian is all that's necessary this order will be in place. Corrie: Any further discussion from the Council? Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law on item number 13 Roaring Springs Water Park. Bentley: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law and the Order granting approval request for vacation of the ingress and egress utility easement by Roaring Springs. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law on item number 13 by Roaring Springs Water Park. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 14. TABLED 4/6/99: ORDINANCE # -- ADD ASSISTANT FIRE CHIEF: Corrie: Mr. Clerk would you please read Ordinance number whatever it is by title only. Berg: Mr. Mayor the Fire Chief would like to make a comment. Bowers: Mayor Corrie and Councilmen, Bill Gigray and I have been working together on this three or four times the last couple of weeks. We just come up with an ordinance today and it was just put in Ron Anderson's box this afternoon. I don't think any of the other Councilmen have seen it. We would like to table it until our next meeting. Corrie: Okay. Thank you Kenny. ( ( Meridian City Council Meeting April 20, 1999 Page 13 Gigray: Mr. Mayor and members of the Council, just to do a little follow up. We tried to research a neighboring jurisdiction for an appropriate ordinance given the comment of the Council at the last meeting and we didn't - I didn't find one that I felt was a very good form. We have searched for other appropriate ordinances. I think I found a model that might serve our needs. Hopefully Councilman Anderson will have an adequate opportunity to review that carefully. I'm hoping that what we can do is find a model that we can use to establish other departments as we go back through our code and update these and we just kind of have a regular format by which departments are set up and so hopefully if we take our time with this one, we can follow up with others later on. Bentley: Mr. Mayor I move we table item 14 the ordinance for assistant fire chief until May 3rd meeting. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table item number 14 until the May 4th meeting. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 15. ORDINANCE # 822-- PARKS AND RECREATION COMMISSION: Corrie: Mr. Clerk would you read that one by title please. Berg: Thank you Mr. Mayor. (ORDINANCE #822 WAS READ BY TITLE ONLY) Corrie: Is there anyone from the audience who would like to have Ordinance #822 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #822. Bentley: Mr. Mayor I move we approve Ordinance #822 with suspension of rules. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve Ordinance #822 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. Gigray: Mr. Mayor and members of the Council, I just draw your attention that there is a resolution submitted together with that ordinance. It's just a housekeeping issue to assure the membership of that commission since we really passed a new ordinance here and establishing terms and all this does is everybody is in place for the remaining part of their terms so none of that is changed. And that resolution would just make sure the record was clear on that. Bentley: Do we need a motion on that? Corrie: Can you Mr. Clerk make sure we get a resolution number on that one as well? ( ( Meridian City Council Meeting April 20, 1999 Page 14 Berg: Yes. Corrie: Okay, does everybody have that resolution? Bentley: Yes. Rountree: Mr. Mayor I would have a question for Parks and Rec. Director related to this resolution. Good evening Tom. A bit of concern I guess with the committee make up with the intent of the reforming of the ordinance was to try to get citizens involvement and people who were going to work significantly harder in the Parks and Recreation Commission fashion. The memberships in terms of folks left seem to reflect those entities that were in the original ordinance that were prescribed by the City to be members and you'll be some two to three years to change that membership. I guess I'm asking you are you comfortable with that? Would you suggest that maybe membership be abbreviated in some cases or in all cases and maybe the commission and the Mayor look at re-appointments in less time. Kuntz: I think it would be beneficial to look at re-appointments in a shorter period of time than they are now if no other reason to make sure that the commissioners that are on the commission now truly want to stay on the commission. Rountree: Yeah, that's a good point too. Kuntz: For that simple reason because we're assuming that the people that are named in this resolution want to continue and I can't honestly say that I know for a fact that they do all want to continue. Rountree: Thanks Tom. Mr. Mayor I would suggest that we maybe take a look at this resolution and maybe have Councilman Bentley work with Director Kuntz and Bill Gigray and maybe change the duration of those terms or even have an opportunity to interview those folks and see if they do want to continue on. Then bring the resolution back to us and if we've got some vacancies then we can start doing three year interval per year appointment. Bentley: I would agree. We'll get with Tom and talk to all the members and see what their feelings are and kind of work up with Mr. Gigray if we need to shorten. Thank you. Bird: Mr. Mayor I move that we table that resolution. Rountree: Second. Corrie: Motion is made by Mr. Bird second by Mr. Rountree to table the resolution - Bird: Let's have it back May 18th. Corrie: May the 18th? All right. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ( Meridian City Council Meeting April 20, 1999 Page 15 16. FINAL PLAT FOR DAKOTA RIDGE NO.2 SUBDIVISION BY STEINER DEVELOPMENT - SOUTH OF USTICK AND ONE HALF MILE WEST OF TEN MILE: Corrie: Staff, Brad any comments? Hawkins-Clark: Mr. Mayor the staff comments have been submitted in the memo dated yesterday, April 19 from Bruce Freckleton and Shari Stiles. At this point there are no changes to that. However their comments were submitted at a late date so the applicant was not able to get a written response in so far, but the applicant is present this evening. Corrie: Is the developer or representative here tonight? Okay Becky, have you had a chance to read those? Bowcutt: Yes, sir, Mr. Mayor. Received these early afternoon. Staff indicated that I did not need to respond in writing, just attend the hearing and verbally give my comments. With Shari gone on vacation kind of - Corrie: Just for the record, can I have your name? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 W. Overland. We agree with all of staffs comments. I noted to Mr. Freckleton - (End of Tape) Bowcutt: ... I believe that's site specific number 8. They're asking us to delete the word "homeowners" from our note identifying a pedestrian pathway. I informed your staff that if we delete the word, "homeowners" then it is implied that the pedestrian path is public. Therefore at the time of recording it is dedicated to the City of Meridian and I don't think you want to maintain pedestrian pathways. Boise doesn't, so the Ada County Engineer has required us to refer to them as homeowners or under the association of the particular subdivision so that does not happen. Item 12 fill in the instrument number for the development agreement. I'd just like to state that we need help from Will to find that development agreement. This was annexed and zoned by another developer under another engineer. When we got the project from Mr. Baesinger, it was already annexed and zoned R-4. We did the preliminary plat and then Steiner purchased it afterwards and nobody can find that development agreement. So we need a little help and if it can't be found I guess we'll have to do a new one. I've talked to Shari about it. She does not have it. Corrie: Mr. Clerk do you know where it might be? Berg: Mr. Mayor and members of the Council I think this is a situation where the development agreement was required before the recorded plat was signed, and I don't believe the development agreement was ever entered into or signed or should I say developed and I think this goes back to the process or procedure that preceded our new attorneys. We have searched and we cannot - Bowcutt: You cannot find it either. I found one, but it was unsigned. Meridian City Council Meeting April 20, 1999 Page 16 Berg: And I think it was a rough draft. Bowcutt: It was drafted and submitted, but unsigned from the previous developer. Someone from California. So I guess we need Mr. Gigray to prepare us one. Bentley: I wanted to ask Mr. Gigray for his recommendation. Gigray: Mr. Mayor and members of the Council and Councilman Bentley, if we are going to reconstruct a development agreement at this point in time, what you're going to have to do then I guess is you might be - I'm trying to think how we deal with this. We can try to do that, but we're going to have to get the minutes of the annexation procedure to find out what was the terms and conditions of the development agreement were because that would be the time I would think you impose it. We can try to reconstruct that and work with Becky on this. You could put a proviso in the condition that an instrument number will be assigned if a development agreement is approved and then that would allow us to move forward and if for some reason that can't be done, you can go ahead with the plat because it's conditional and would be met because one wouldn't be approved. And then you can take your action this evening without delaying this. Corrie: Okay. Thank you Becky. Any other comments? I'll entertain a motion in the final plat for item number 16. Rountree: Mr. Mayor I move that we approve the final plat for Dakota Ridge Subdivision No. 2 subject to staff comments with the deletion of site specific comment number 8 and in reference to site specific comment number 12, that an instrument number will be assigned as the development agreement is reconstructed and approved. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the final plat subject to staff comments and the statement made by Mr. Rountree on the motion. Any further comment? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 17. FINAL PLAT FOR THOUSAND SPRINGS NO.4 SUBDIVISION BY FARWEST LLC - NORTH OF VICTORY AND WEST OF EAGLE: Corrie: Staff comments? Hawkins-Clark: Mr. Mayor again the staff comments were set forth in the memo dated · April 19th and there are no changes. We did this afternoon receive a response from the applicant's representative, Briggs Engineering. There are no issues raised in that memo which you all should have in your packets. Corrie: Comments from Council? (-- Meridian City Council Meeting April 20, 1999 Page 17 Rountree: I have none unless the applicant wants to reaffirm the comments made by Planning and Zoning. Corrie: Is the representative from Thousand Springs No.4 here this evening. Becky, any comments? Let the record show she has no comments on the final plat for Thousand Springs No.4 Subdivision by Becky Bowcutt. Rountree: Mr. Mayor I would move that we approve the final plat for Thousand Springs No.4 Subdivision subject to staff conditions. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve item number 17 final plat for Thousand Springs No.4 Subdivision subject to conditions. Any further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. DISCUSSION OF THOUSAND SPRINGS DEVELOPMENT AGREEMENT BY FARWEST LLC: Corrie: I guess if I'm not mistaken this was on the development agreement; is that correct? Who would like to do the discussion? Becky to comment? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 W. Overland. Just to quickly refresh your memory, we had a couple of items in the development agreement prepared by Mr. Gigray that were modified during processing of the preliminary plat. The minutes were sent to Mr. Gigray. He did make some revisions, sent them over to your staff for review, we've received them, reviewed them. Everything appears to be in order and I believe Will has a signed development agreement so we're ready to put this one to rest. So we just need you to consent so we can get it recorded. Thank you. Corrie: Staff any comments? Gigray: Mr. Mayor and members of the Council I would just add that we have had this reviewed by staff for purposes of accuracy at the request given the minutes and that was one of the things we wanted to do and we've received everybody's approval and I appreciate Becky working on this with us and I think we've got this resolved. Corrie: Any other comments from Council? I need evidently the approval of the development agreement by Farwest LLC. Bird: Mr. Mayor I move that we approve the development agreement with Farwest LLC on the Thousand Springs development. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the Thousand Springs development agreement by Farwest LLC. Any further discussion? All those in favor of the motion say aye. ;-- - - ( ( Meridian City Council Meeting April 20, 1999 Page 18 MOTION CARRIED: ALL AYES. 19A. FINAL PLAT FOR HAVEN COVE NO.9 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: Corrie: I'll begin with staff comments. Anybody on the staff comments? Any comment from the Haven Cove people would like to comment on this one? Read all the conditions? SANDRA GABICA, PACIFIC LAND SURVEYORS, 1295 SOUTH EAGLE FLIGHT WAY, BOISE, IDAHO Gabica: We received these comments from the staff and have no problem with any of the comments. Corrie: Thank you. Any other comments from Council? Hearing none, I'll entertain a motion on item number 19A final plat for Haven Cove No.9. Bentley: Mr. Mayor I move we approve the final plat for Haven Cove No. 9 subject to staff comments and conditions. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the final plat for Haven Cove No. 9 subject to staff conditions. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Gigray: Mr. Mayor point of information. Are the comments because I wepare the order for final plat subject to conditions. Are these the comments of April 19 h, 1999? I just want to make sure I'm referring to the right document. Corrie: Yes, that's correct. Good point. Hawkins-Clark: I would mention Bill that PLS did have written response to staff comment that probably did not get in the Council packets, but they were submitted tonight and I do have copies. The copies are here so I'll get those to you Bill written comments to both Haven Cove 9 and 10. Corrie: 9 and 1 O? 19B. FINAL PLAT FOR HAVEN COVE NO. 10 BY MERIDIAN LAND DEVELOPMENT COMPANY LLC - NORTH OF PINE & EAST OF NORTH TEN MILE ROAD: Corrie: Staff you made comments for number 10 and the applicant has agreed and seen the comments? All right. Any further comments from the Council? I'll entertain a motion on 19B final plat for Haven Cove No. 10. ,. ( Meridian City Council Meeting April 20, 1999 Page 19 Bird: Mr. Mayor I move that we approve the final plat for Haven Cove No. 10 by Meridian Land Development Company, LLC, north of Pine and east of N. Ten Mile Road. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to accept item number 19B final plat for Haven Cove No. 10 by Meridian Land Development Company LLC. Bird: Mr. Mayor that is subject to staff conditions. Corrie: Subject to staff conditions. Any further comments from staff? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 20. FINAL PLAT FOR MEDIMONT NO.2 SUBDIVISION BY PROPERTIES WEST - SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE: Corrie: Staff comments first. Hawkins-Clark: Again staff comments dated in the memo April 16, 1999 to Mayor and City Council for this commercial. No changes to that and written comments from the applicant were received dated April 19 and no issues were raised in those comments from JUS Engineers for Medimont. Corrie: Any comments from the representative of the subdivision? Okay, I'll entertain a motion on item 20 final plat for Medimont No.2 Subdivision. Bentley: Mr. Mayor I move we approve the final plat for Medimont Subdivision No.2 subject to staff comments dated April 16th, 1999. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the final plat for Medimont No.2 Subdivision with approval of staff comments and coming in on April 16th. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 21. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC. Corrie: At this time I will open the public hearing and staff comments first. Hawkins-Clark: Mr. Mayor staff comments were submitted April 19. The main issue that was raised there was number three in that memo regarding signage that the proposed monument sign for this is shown within the right-of-way and not approved as a part of the application and staff is requesting that that be worked out with the applicant. (- Meridian City Council Meeting April 20, 1999 Page 20 This is again part of the First Meridian Plaza Subdivision which has four lots and the lots 2 and 3 are the ones that are fronting on E. 1 st. This is the northern most lot there and I don't think there are any other issues for the transfer from staff. Corrie: This is a public hearing. I'll invite the representative from JAMD Enterprises, Inc. to testify first. MICHELLE DOBARAN 6141 GADWALL LANE, BOISE, IDAHO Dobaran: I am the president of JAMD Enterprises, Incorporated here tonight requesting the transfer of the conditional use permit from Rockets, Incorporated operating as Rockets Intergalactic Diner. We're operating under as Under the Onion a full service restaurant and bar paying tribute to the 1920's era. We chose the 20's because we found the period reflective of what is happening in the Meridian community right now, cosmopolitan growth of an area with very rural foundations. With regard to the staff comments in our initial proposal for a monument sign, we have removed that from our development. All our signage is building signage. We had proposed that initially because of our concerns of the way the building faces that frontal signage which is south directed, we don't find visible and is compromised by the landscaping which is existing so we acknowledge that this is something that we will have to deal with and will address on probably northern building frontage in the future. We are essentially a local family owned and operated business, excited to come to the Meridian community. Once again continuing to be that part of the growth here. Our six generations in Meridian counts a great deal of experience in the development in new business in the Meridian community and we once again would like to be a part of that and invite that. Corrie: Is there anyone else from the public who would like to issue testimony on this public hearing on item 21? Okay, hearing none, I'll entertain a motion to close the public hearing at this point. Bird: So moved. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council comments? Bentley: I'm hungry. Rountree: When are they going to open and do they take reservations? Corrie: I wouldn't say you guys are eager or anything. Rountree: Mr. Mayor I move that we approve the transfer of the conditional use permit for a full service restaurant and bar from Rockets, Inc. to JAMD Enterprise, Inc. Under the Onion subject to staff conditions. ( Meridian City Council Meeting April 20, 1999 Page 21 Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the request for transfer of conditional use permit with a full service restaurant and liquor license from Rockets, Inc. to JAMD Enterprise, Inc. subject to staff conditions. Any further discussion? Gigray: Mr. Mayor, members of the Council, just quickly since this is really one of the first ones of these that we've had where we've had a public hearing on this and because staff recommended three conditions which it appears are not a problem in this matter, we would prepare an order for the Mayor to sign because it would be attached to the additional conditions of the conditional use if that's agreeable with Council as part of your motion, approving the transfer. Rountree: I would accept that. Bentley: I would accept it. Corrie: All right. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 22. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES - NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: I'll open the public hearing and invite staff comments first. Hawkins-Clark: Mr. Mayor staff comments were prepared in a memo to the Planning and Zoning Commission on this particular item March 5, dated March 5. The general information point number one I believe is the only reference to this agenda item and it's the annexation of .38 that does have a single family house on it right now. It was somehow omitted from the language of the first annexation legal description. This is simply a request to complete the whole subdivision so that it's all part of the city and basically it's a map correction, a map and zoning correction. Corrie: This is a public hearing. Is there anybody from the subdivision here this evening to testify? RICHARD JEWEL 1729 S. MARSH WOOD, MERIDIAN, IDAHO Jewel: Mr. Mayor and Council members, my name is Richard Jewel. I live at 1729 S. Marsh Wood in Meridian. Generally we're in agreement of all the City of Meridian requirements. An overview of the development is shown on the colored plat. The property in yellow on North Ten Mile is the property subject to be annexed. The property will be served with public water and new water main that will be constructed in North Ten Mile. Public sanitary sewer service will be provided from the development. A revised legal description has been submitted to the City. My understanding is that a development agreement with the City of Meridian will be drafted by the City Attorney Meridian City Council Meeting . April 20, 1999 Page 22 and will be signed by the developer prior to the recording of the final plat. I will provide more detail pertaining to the development on the next item of the agenda for the preliminary plat. Corrie: Anyone else from the public who would like to issue testimony on item number 22 for annexation and zoning? Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Rountree: Second. Corrie: Motion made and second to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor I got a question. I don't know whether for the Clerk or for Planning and Zoning. In 1.8 of the recommendation to City Council, on page 4, a development agreement was required for this project at a condition of the original annexation of the property. Did that include all this or was this .38 acres left out? Hawkins-Clark: I'm sorry could you refer to the page again? Bird: Page 4,under the recommendation to City Council. Hawkins-Clark: I cannot answer that. Bird: If it was made for the whole parcel, then there would be no - we wouldn't have to have another development agreement for this .38. Hawkins-Clark: We confirmed that the parcel that fronts on Ten Mile that was omitted from the first annexation. Bird: How about the development agreement? Hawkins-Clark: The assumption being that when they prepare the development agreement that they follow the legal description that it was in deed left out of that as well. Bird: Okay. Corrie: Any other comments from Council? I'll entertain a motion for the request for annexation and zoning and Findings of Fact and Conclusions of Law to be drawn up. Rountree: Mr. Mayor I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Order of Decision on the requested annexation and zoning of Hartford Subdivision. Bird: Second. Corrie: Motion by Mr. Rountree second by Mr. Bird to have the attorney request the Findings of Fact and Conclusions of Law for annexation and zoning of the Hartford Subdivision by Glenn Johnson Homes. Any further discussion? ( ( Meridian City Council Meeting April 20, 1999 Page 23 Bird: That's just for .38 acres, isn't it? Rountree: Yes. Bird: Okay, it is not for the whole subdivision. Corrie: .38. Bird: Yeah. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 23. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR HARTFORD SUBDIVISION (58 SINGLE FAMILY BUILDING LOTS ON 18.02 ACRES) BY GLENN JOHNSON HOMES -NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: I'll open the public hearing on item number 23 and start with staff comments. Hawkins-Clark: Mr. Mayor the same reference on the staff comments. The memo dated March 5 and the applicant did reply in writing in a memo on March 8th to the City, which should be the last item on the back of this packet on this agenda item. The applicant did agree with all staff comments, and we have no further changes that have arisen. Corrie: Richard, would you like to testify please? Jewel: My name is Richard Jewel, 1729 S. Marshwood. I have a presentation to provide, but rather than do that, I'll just sit back and answer any questions if you have any. Corrie: Questions at this point? Rountree: I have none. Corrie: Anyone else from the public who would like to issue testimony on this preliminary plat request? Hearing none, I'll entertain a motion from Council to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second that we close the public hearing on item number 23. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Council, any questions or discussions? I'll entertain a motion on the request for preliminary plat of Hartford Subdivision, 58 single homes on 18.02 acres, item number 23. (-- Meridian City Council Meeting April 20, 1999 Page 24 Bentley: Mr. Mayor I move we approve the preliminary plat for Hartford Homes Subdivision by Glenn Johnson Homes. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to approve the request for preliminary plat of item number 23. Bentley: Mr. Mayor that's subject to staff conditions. Corrie: Subject to staff conditions. Any further discussion? Rountree: Mr. Mayor, can we act on the preliminary plat when it includes a piece of property that is not annexed? Corrie: That's a good question. Rountree: On a preliminary, okay. Corrie: The answer was yes. Any further discussion? Rountree: I have none. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I'll second that. Corrie: Motion made and second we take a ten minute break. All in favor say aye. MOTION CARRIED: ALL AYES. (TEN MINUTE BREAK) 24. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: Corrie: At this time I will open the public hearing on item number 24 and staff comments first. Hawkins-Clark: Mr. Mayor the recommendation on this project again is a piece on the east side of Linder just south immediately south of the railroad tracks there. Associated with the second item a proposed use for a daycare and the Planning and Zoning recommendation to you, the Council, is attached about a quarter of the way through on the packet. Staff have reviewed the recommendation of the Planning and Zoning Commission and have no changes. Those would be on page 1 of the recommendation just after the staff comments. I don't believe the Commission made any substantial changes to this annexation application besides staff comments. ( Meridian City Council Meeting April 20, 1999 Page 25 Corrie: Thank you Brad. Is the representative of the request for annexation and zoning here tonight? KATHLEEN LAWRENCE, MERIDIAN, IDAHO Lawrence: I am here. We did submit a slight change to Planning and Zoning on just the site plan just to reflect it. rm not sure if it was exactly accurate but just to reflect Ada County Highway District's recommendation of one entrance instead of I think the one you guys have in your packet shows two and Planning and Zoning did a copy of one that showed one, but I'm not sure if it was to specifications because it does have to meet the street - it has to line up with the street across Linder. Corrie: Okay, anything else? Lawrence: I don't think so. Corrie: Thank you. Bentley: Mr. Mayor I have a question for her. You've read and concur with all the staff comments? Lawrence: Yes, I have. Bentley: Thank you. Corrie: Is there anyone else from the public who would like to issue testimony on item number 24 request for annexation and zoning? Hearing none, I'll entertain a motion to close the public hearing. Anderson: So moved. Rountree: Second. Corrie: Motion made and second to close the pubic hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council? Rountree: Mr. Mayor I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested annexation and zoning of one acre. Bentley: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to have the attorney draw up the Findings of Fact and Conclusions of Law on the annexation and zoning of Kathleen and Wendell Lawrence. Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Meridian City Council Meeting April 20, 1999 Page 26 25. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: Corrie: I'll open the public hearing. Any comment from staff? Hawkins-Clark: Mr. Mayor just a note that again there's a separate recommendation from the Planning and Zoning Commission to the Council about halfway through the packet. There have been no further changes by staff to these recommendations from the Commission. Corrie: This is a public hearing. Kathleen, would you like to issue testimony again on this? Lawrence: Kathleen Lawrence, one thing that I did want to add Shari in the Planning and Zoning meeting had recommended that we also annex the piece that's right next to the property where the daycare is going. We had a neighborhood and the neighborhood expressed that they would like us not to, which is fine either way for us. We can do either. The reason why we would prefer to just leave it as it is because we would like to make that our residence and also that would provide some buffer for the existing residences there. Thank you. Corrie: Thank you. Anyone else from the public who would like to issue testimony on item number 25? JERRY RANDOLPH 265 WILSON DRIVE, MOUNTAIN HOME, IDAHO Randolph: Mr. Mayor and Council members, I am Jerry Randolph at 265 Wilson Drive in Mountain Home. I own the lot just to the south of the one that they are getting here and my concern was the devaluing of my property either from the noise of the kids or the additional traffic and I don't know how - and another thing I guess that's still called Hepper's Acres and doesn't the covenants calls for no commercial enterprise there? I guess it's a unanimous consent of all the owners of the - Corrie: All depends on what the zoning. Do you know the zone of that area? Hawkins-Clark: That entire subdivision is zoned R-1 which is an Ada County zone. This annexation of the northern most lot would be the first annexation of that subdivision to the city limits. Randolph: That was primarily what I was concerned with. Thank you. Corrie: I see, okay. Thank you. Anyone else from the public who would like to issue testimony? Hearing none, I'll entertain a motion for closing the public hearing. Bentley: So moved. Anderson: Second. (- Meridian City Council Meeting April 20, 1999 Page 27 Corrie: Motion made and second that we close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, I'll entertain a motion to either approve, conditionally approve, deny, and also - well you guys can make that motion. Rountree: Mr. Mayor, I just had a question here for City Attorney that to make sure that the annexation description reflects the testimony that Mrs. Lawrence just gave about the annexation of the lot adjacent to them, that it not be included in that description. Gigray: Mr. Mayor, Councilman Rountree, to answer your question based on the action that you've taken in the preceding item which would be item 24, according to the information that I have in the file is that was a request for annexation and zoning of one acre and so the only action on annexation that would take place would pertain to that. There's no other pending application that I'm aware of. Rountree: Then a question, do we need a finding for a conditional use permit? Mr. Mayor, I move that we have the City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order for the requested conditional use permit for childcare facility licensing for 50 children. Bird: Second. Corrie: Motion made by Mr. - Rountree: Mr. Mayor if I might amend that. I would like to add to that motion that the conditions of Planning and Zoning be included in that. Bird: I will second that. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for conditional use permit and have the attorney draw up the Findings of Fact and Conclusions of Law with the conditions of the Planning and Zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 26. DEPARTMENT REPORTS: A. JANICE SMITH: REPORT Smith: Mayor and Council did everybody receive their packets in their box tonight? It has the new expenditure report, and I did a brief summary. Hopefully it would be easier to read for the general public. We'll try to get a summary on the next one on the revenue. I'd like your input on that later on as you go through it. We also are trying to do it simple every month on the summary of the City's investments. There's just the ( .,r-- ( Meridian City Council Meeting April 20, 1999 Page 28 one sheet so it's just a general summary. In this book here I have I'll get every month I'll have 12 pages and sometimes that's confusing. If you want to see detail, we have it and the investment committee will be meeting every quarter on any investments we'll be making and at that time you'll receive the full sheet of detail. If there's no questions, I'll just present to you. Bentley: I have a question. Are you talking your summary? Smith: Yes. Bentley: Okay, it says current yield. Smith: They vary because some are fixed at a 18 months - you see the lower yields. Those are like prior investments. Bentley: Right and I understand that. My question is what's the difference in the rates now as to what we were receiving before? Smith: I'd have to make you copies of this detail to go over it with you because it's different varies from money market and the current yield is at 4.7 but when it actually comes due it could be higher. So maybe I'll do some more detail in the money market versus the treasury bonds. I'm just trying to make it simple to read. Rountree: I think what Mr. Bentley is trying to get at are we getting something with Buffington, Moore, McNeil - Smith: Yes, we are still- the City of Meridian is making more money and yet we're paying the cost of Buffington, Moore, McNeil. Bentley: Thank you. Rountree: Is that what you were after? Bentley: That was what I was after. Corrie: Thank you Janice. B. TOM KUNTZ: CHANGE ORDER FOR GENERATIONS PLAZA. (' ( r Meridian City Council Meeting April 20, 1999 Page 29 Kuntz: Two items tonight. One is a change order for Generations Plaza for your approval to cover the cost of removing an old underground storage tank that discovered during excavation on the site on March 30th. Bentley: Are we on that one Mr. Mayor? Corrie: Yes. Bird: Do you have a detail on $589.42 when they give change orders they usually detail it out material and labor and all that. Kuntz: I do have a detail. Bird: Alii need to do is turn the page? Thank you. I should look. Corrie: Request anything else on that Tom? Kuntz: On that item no. Bentley: Mr. Mayor I move we approve the change order in the amount of $589.42. Bird: Second. Corrie: Motion made and second that we approve the change order for $589.42 to GuHo Corporation. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Kuntz: The second item which I included in the cover memo pertains to down lighting. I just bring this to your attention because it will come before you in a change order and I would like to get some feedback from you tonight. Originally the four pillars in the back of the plaza that surround the display wall and the low (inaudible) wall were designed to have (inaudible) that would illuminate this area up here, but down lighting that would illuminate the floor area. Because of the height of those pillars, rebar is required running inside the split face blocks that will not allow enough space to mount those down lights in the split face. So after a couple of discussions with the general contractor and the landscape company, the option they gave to us was to put floor lights in that would be mounted in front of the pillars that would have grates over them to protect them. My concern was that there would be four of those shining on all four pillars at a cost of about $2,000 total for all four lights. So after a further discussion last week, we came up with what I think is a fair compromise and that is (End of Tape) ( Meridian City Council Meeting April 20, 1999 Page 30 Kuntz: ...it would be approximately $1,000 to illuminate those two pillars and that would be my recommendation. Bird: What kind of credit we get back for the lights that were bid in the _ Kuntz: 50% of $94, we get $42 per light credit. The new lights are quite a bit more expensive because they're in the ground and the (inaudible), so they are quite spendy. Bird: Got a heck of a purchase on the original bid, didn't we? Kuntz: Yes, sir. Anderson: So explain to me Tom, I'm a little slow. What are we trying to light, the wall or the pillar? Kuntz: These were the original down lights, so we were trying to add some light in this area in the back away from the streetlights. Anderson: And the purpose is for footing or why are we trying to light that? Kuntz: The purpose is for accent lighting at night, number one and number two, visibility so we can see what's going on inside of here. By moving the lights out into the floor, we achieve the same purpose. Primary accent lighting but these will put off much more light than these lights will that will illuminate this area not bright, but will be a shaded type of accent type of lighting as well as allow the police and everybody else to see in there what's going on. Anderson: So the light at the top of the column will be eliminated? Kuntz: No, that will stay. That will stay, but that is a low watt type of bulb. This will be mounted in the floor and will illuminate not only the pillar but a portion of this wall. But instead of going with four floor lights to replace the four pillar lights, I'm recommending we go with some in the back. The architect and the general think that's a good compromise. They'll still achieve what we're trying to achieve. Corrie: Any other questions? Bird: Have you got a firm change order on that Tom? Kuntz: Well they've actually the cups in the - they've got them set there. They're not concreted in, but they explain that they need to know right away. Bird: That was a firm $1,000 ad? ( ( Meridian City Council Meeting April 20, 1999 Page 31 Kuntz: Well it was a firm $2200 for the four lights, so if you're looking for a firm figure, it would be $1,100. Bird: Oh, I thought you said $2,000 or $1 ,000. $1,1 DO? Kuntz: Correct. Bird: And that's with the $42.50 credit back? Kuntz: It's $1112.85 with the credit. Bird: I have no problem with it. I think it would be a real addition on the deal, but again I'd like to see a breakdown, but I know that it is on time. The project is moving along and if it takes two weeks for us to approve a change order, then we're in trouble. I would make a motion that we approve a change order not to exceed $1,100 for the lights at Generations Plaza, the change in lights at Generations Plaza. Bentley: Second. Corrie: Do you want to eat the $12.00? Bentley: Take it out of my travel money. Corrie: Motion on the floor then to approve the change order in the amount of $1,100. Any other discussion? Anderson: I have one more question. How did we arrive that this was a problem? I mean is there a committee that's reviewing this? I mean we have a design. Is there somebody that is looking at that design now once that they're building it saying this isn't going to work or how are we arriving that this needs to be changed before it's ever built and we're perceiving there's going to be a problem. Is it a problem? Kuntz: Well actually the problem was brought to our attention by the architect and the general contractor. I asked the question well why wasn't this problem identified in the design phase and the comment they made to me was that we missed it. But this was brought to our attention Councilman Anderson by the architect and the general contractor and what they're saying is that because the height of those pillars that the rebar is necessary with the concrete inside the split face block and that if we cut that rebar at the bottom and mount those lights in, that it will be meet engineering specifications. So it was something that was brought to our attention by those two people. ( Meridian City Council Meeting April 20, 1999 Page 32 Bird: The architect was the one that brought this up? It wasn't the electrician or the designer that went in and did it and then the architect admitted that he had missed it? Kuntz: I don't know what the process was. All I know is I was contacted by GuHo and the Land Group that we've got a problem here with this. Bird: Did you talk to the architect? You just said the architect admitted that he missed it. Kuntz: I talked to him last week and I asked him the question, why wasn't this flaw identified in the design and he just said we missed it. Anderson: And then I guess philosophically I just I'm not sure how well lights in the ground are going to hold up as far as staying sealed with the weather and possibility of rocks and high heels and everything else that could puncture them so I'm just trying to justify this in mind, but if it's something that they've identified is going to be a problem and then I'm just making sure that we just don't end up with a bunch change orders where we just continually drive the price of this park up before we even build it first and see how it is going to work. Kuntz: Sure. Corrie: Further comments? Rountree: I just wanted to ask Tom by observation it looks like there's a major progress. Has everything been moving quite quickly and without too many hitches? Kuntz: With the exception of the oil tank that we found, I think things are moving very well and both the general contractor and the architect have comment on how smoothly things have moved along. The city staff has been very cooperative, the water department and the sewer department as far as coming out, inspecting things, so we've had a lot of cooperation within the city staff, but the project is moving along as on schedule. Corrie: Any further questions, comments? Okay back to the motion as stated. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'm going to save item C until the last. There's not a lot of things. It's more of an informational thing. Item D - let's go with Gary Smith, Mr. Simunich is here. Let's not keep him longer than needs to. ( Meridian City Council Meeting April 20, 1999 Page 33 Smith: Thank you Mr. Mayor, Council members. At the last meeting of the Council, there was a proposal that was placed before you to allow Mr. Simunich to connect to the city sewer inceptor that crosses his property that he's farming now along with a payment of some money to reimburse him for inconvenience of apparently caused by the sewer trench that crosses the property as determined by the design engineer of the project that had to do with some difference in ground water that is beneath the ground that he farms. The memo that I wrote to you, I hope you still have it dated March 23rd. That was part of that Council meeting. If you don't have it, I'll review through that for you. Would you like me to review through that? Corrie: Yes, please. Smith: Okay. In 1992 the City constructed a sewer interceptor part of which crossed Mr. Simunich's property and this was identified as the south slough sewer interceptor. This provided sewer service to the east of the Tully Park area and it continued on to the east through under Meridian Road and towards Locust Grove. Since that time, Mr. Simunich has experienced a higher water table level in his farm field on one side of the trench. This is a north I south portion of the sewer trench than was measured on the west side of the trench and the design engineer for the project who is Keller Associates here in Meridian felt that as the property to the east of Mr. Simunich's piece developed that the water table would decrease because that ground would be taken out of the farming situation and we would not have that surface water to deal with. It didn't happen that way and there are still some areas approximately I think the northerly most 200 feet or so of this sewer trench that continues to have a higher than normal ground water level. The supposition is that as the excavated material was placed back into the sewer trench and back filled above the pipe that a damn of sorts was created that impedes the flow of the ground water from east towards the west and the design engineer retained a soils engineer to study the situation. The soils engineer came back to us and to Mr. Simunich that they could construct or they would propose to construct up to I think three cross trenches across the sewer trench, line those trenches with filter fabric and back fill them with the drain rock to facilitate the transfer of the ground water flow from the east side of the trench to the west side. However the soils engineer could not guarantee that this proposal would take care of the problem so Mr. Keller and myself met with Mr. Simunich and his wife and proposed the situation to try and relieve the problem and Mr. Keller suggested that Joe and his wife consider either installing the cross trenches or accepting the cost of the cross trenches which was estimated at $4500 in payment for in lieu of the installation of the cross trenches. So Mr. Simunich and his wife left saying that they would think about it which they did and came back to us and met again and proposed that they would accept the $4500 along with approval to connect to the sewer because Joe has a feeling that his septic tank drain field particularly the drain field installation may be short lived just because of the length of time it has been in the ground. Although he did the work himself to probably more rigorous specifications than most and he just wants the ability to connect his septic with Meridian City Council Meeting April 20, 1999 Page 34 the city sewer should that drain field fail. And again I think there's a - the ground water is a contributing factor to failures of drain fields. So that was the proposition that came before the Mayor and Council at your last meeting and at that point the decision was made by the Council to approve of that proposal subject to Mr. and Mrs. Simunich agreeing to work with us on an easement for the pathway along Five Mile Creek and it was at that point that Mr. and Mrs. Simunich took exception to that proposal with that counterproposal and feeling that these two things are separate and distinct issues and that the issue with the sewer trench needs to be dealt with individually than we deal with the easement for the pathway. Subsequent to this evening's meeting, Mayor Corrie and I and Mr. and Mrs. Simunich and Bill Keller and Councilman Rountree met and discussed this situation. I wanted to have at least those -- Mayor Corrie and Councilman Rountree aware of the Mr. and Mrs. Simunich's concerns and I'd also talked to Mayor Corrie previous to that meeting and asked that this be placed on the agenda for this evening so that it could be reconsidered if possible so that's kind of the background to where we are at this point and if you have any questions concerning what has transpired in the past, I'd be happy to try and answer those questions. Corrie: Okay thank you Gary. Comments from - let's start with Mr. Gigray. I think you had some questions. Gigray: Mr. Mayor and members of the Council I also attended that meeting and I believe we were directed to look into this as a result of the Council's action last meeting and a communication of the offer. And then we were able to hear what Mr. Simunich's and his wife's position is about this. As a follow up to the meeting that Gary discussed that was held with Mr. Simunich I did contract ICRMP because I felt it was important that at least we disclose to them that we were entering into these negotiations and I spoke with Alan Swenson of ICRMP today and advised that given the circumstances that I relayed to him that we were not in a problem with our insurance carrier if you wanted to move on this particular action. Given the proposal that has been made, I would recommend to the City Council that if you consider settling this matter that should include a release of any and all claims related to this matter that would require a written agreement to that effect. I would also if it includes as terms and conditions of the settlement that the Simunich home would be available for hook up to the City sewer then we would have to identify that particular home. I would suggest that it be subject to our usual terms less the paying of the hook up fee for providing service outside of the city limits that we do with all others, and the important part of that at least from my perspective and advice here would that of course if it were available for annexation that would be a consent to do such at some point when it was available for annexation. Secondly it would assure that the terms and the conditions of the providing of the service would engrafted our city ordinances as they protect our sewer system to that hook up and the issues that present themselves in this instance in my view is if they were going to seek a claim it would most likely be an inverse condemnation claim given the condition of the ground water associated with the easement construction and use. f- t Meridian City Council Meeting April 20, 1999 Page 35 If it were a tort claim, then that claim of course would have had to have been as a property damage claim and would have to have been filed within 180 days of the event of the damage or the activity of the construction or the first manifestation of the condition. If it's an inverse condemnation claim then of course at the time of the extent of the nature of the damages apparent, the statute of limitations commences to run on that which is a four year statutes of limitations. And I feel duty bound to advise the Mayor and the Council of those particular issues because it could be a claim for inverse condemnation, it is outside according to the information provided to me from ICRMP representative and which is not dissimilar to advise I've received from them before on other matters that it is not covered by our liability coverage. If you would seek to settle this matter, my advice would be because it is a sewer project that you would direct that the payment of any funds for the settlement of this come out of that particular fund. Rountree: Would you run through the not the whole thing, the part about it wouldn't be covered by ICRMP. Gigray: Mr. Mayor, Councilman Rountree, members of the Council, I'm advised by Mr. Swenson at ICRMP and I know from representing other government entities who are insured by that entity that they do not cover inverse condemnation claims. The other point of the conversation was that if we proceeded to resolve this matter with the Simunich's that we are not running afoul of any agreements that we might have with our own insurance carrier. I always get a little nervous about that. Generally probably not a problem in this setting. If you ever represent anybody that's a (inaudible) carrier they get really nervous when you start doing that and you just want to make sure you don't take any action that would otherwise jeopardize coverage that you might otherwise have. Rountree: That's the only clarification I wanted from Bill. Corrie: Any other comments from Council? Joe, is that pretty much - not pretty much, is that what you're asking here is the $4500 plus the hook up for sewer hook up? Do you want to come here? I want to make sure we got everything right here with what you're asking. Simunich: Yes, I'm Joe Simunich. First I would like to ask the attorney, Mr. Gigray, the statute of limitations, I don't know how that can be construed to be passed because the test totals are still on the place. Nobody has removed the test totals. They've had possession of these test totals. Would you answer that to me, Mr. Gigray. Gigray: Mr. Mayor and members of the Council, my job is to represent the City of Meridian and to advise my client with regards to the perspective issues that would present themselves with a claim and I feel that given what I understand your claim might be, I have to advise them of what I believe the statute of limitations are in relation to that ( Meridian City Council Meeting April 20, 1999 Page 36 type of claim. In fact I'm representing other government entities where that is the very center of the issues at this point in time. Whether or not they're factual defenses to our position about that that you may have is a matter which you would be more than welcome to get the advice of your own attorney about. In conditions in the field can be different facts. It can weigh one way or another based on whatever claim is resulting. When you consider a settlement of a claim, you want to know what all of the issues of law are the facts that are relating to it. You can state whatever position you have or whatever conditions or claims you have and you are certainly free to do so. Simunich: Well you had stated that the statute of limitations has expired. I don't see how that can happen when the test soils are still on the place and the engineer came out last fall and made more test holes. I hope the Council understands what I'm asking. Corrie: I think we do. Simunich: I've been patient with this hoping it would go away. We've had some contacts with members of the city organization and that just doesn't sound right to me that the statute of limitations are over in this particular case. Gigray: Mr. Mayor and members of the Council, -- Corrie: Okay, hang on just a minute. Excuse me, Mr. Gigray. I want to make sure we got this statement here that it is the $4500 plus the sewer connection what you're asking for here. Simunich: Yes, that's right. Corrie: Okay Mr. Gigray. Gigray: Thank you Mr. Mayor. I'm just giving the Council advice as to issues that present themselves with this claim. Whether the Council chooses to settlement or not is a matter within your discretion and I'm not here to say absolutely do not settle it or absolutely do settle it. I'm just trying to provide you with some advice. Corrie: Okay. Bird: Mr. Mayor I got a question for Mr. Simunich. Who sent the engineers out? The City of Meridian? Simunich: Which engineers? Bird: The ones you said was out last fall. ( ( Meridian City Council Meeting April 20, 1999 Page 37 Simunich: The engineers I know yes they had Teracon come out and - Bird: They were hired by us to come out? Simunich: Gary would have to answer that question or someone else. Bird: Okay, thank you. Smith: Mr. Mayor, Council members, Councilman Bird, when Joe and I last talked again about this I just got Mr. Keller on the phone and I said this needs to be resolved. You need to get it done, taken care of and I said if it takes involvement of a third party a soils engineer for example, then that is what needs to be done so that we can get this resolved and go on with life and get it taken care of, get it settled and so he hired Tercon Engineers to go out and with Joe's permission and put some additional test holes or monitoring wells in to monitor the ground water, and they also came back after that and presented a report to all of us as to what their findings were. Bird: Mr. Mayor then I got a question for Mr. Gigray. Would that not affect the statute of limitations if we hired and sent them out there? Gigray: Mr. Mayor and members of the Council, if a claim were brought of course and if we don't have any insurance coverage, my job is going to be represent the actions of the city. That is going to be to defend the city in the actions that its taken and including assertion of any and all defenses to any potential claim that it may have. And I believe with regards to this particular situation what my advice would be in this particular case without a strict chronology of conversations and particular actions that were taken at various times would be imprudent on my behalf and what I'm just trying to do is tell you these kinds of defenses and issues loom in this claim. If you feel given the history that's been presented to you and given the willingness on the part of the Simunich's to try to resolve this at the numbers that they have stated that they were willing to resolve this that given the energies that it would take to defend an action or to proceed with this is outweighed by those expenses, then it makes sense to settle the matter, and the other part of my advice is simply if you do I believe that we should have a release and settlement agreement. We'd be talking about trying to provide you with some advice about what funds would be used to settle this kind of a claim. And then that it would need an agreement and that that would be how we would resolve the whole thing, so I'm kind of heading in two directions here just to staff you based on what decision you want to make, you at least have the benefit of that advice. Bird: Thank you Bill. Corrie: Any other discussion? Okay, I guess we need to make a motion of some kind and see where it goes. ( (- Meridian City Council Meeting April 20, 1999 Page 38 Smith: Mr. Mayor may I make a suggestion a recommendation? Because I've been involved in this firsthand over the number of years that it has gone one, I feel that it would be prudent for us to I would recommend to you that the settlement take place as its been proposed. Corrie: Okay. Smith: Now I still need to deal with the design engineer over this. So that part of my job isn't done yet, but that conversation will take place too. Bird: Mr. Mayor I move that we make the settlements with the Sirnuniches for $4500 plus the sewer hook up. Corrie: Are you going to include in that Mr. Bird the release of all claims? Bird: Yeah, the release of all claims and then we will pay it out of the sewer fund which is where it was. Corrie: Do I hear a second to that motion? Anderson: I'll second it. Corrie: Motion made and second that we enter into an agreement with Mr. and Mrs. Simunich for $4500 plus the sewer connection at no cost for no charge with the complete release of all claims and the money is to come out of the enterprise fund for that. Any further discussion? Rountree: Mr. Mayor I just wanted to comment that it seems that in this particular situation there is no room for negotiation on the part between the city and the Simuniches. It's either what they're asking or my impression was that they were going to do some kind of claim. I just wanted to state that and indicate that without room to negotiate contemplate that as you cast your vote. Corrie: Any further comments? Hearing none, all those in favor of the motion say aye. All those opposed say no. Okay Joe I will cast it as an aye and under those conditions and if those meet with your approval, then that's what we will do. Do you understand what happened here now? Simunich: Thank you. We will wait and see what the (inaudible). Gigray: Mr. Mayor point of information. We will prepare a settlement agreement. We would attach to that a form so that Mr. Simunich would have full disclosure of what the terms of providing service outside the city were so he has the opportunity lit review that. Meridian City Council Meeting April 20, 1999 Page 39 If he wants to direct us to send it to his attorney, we would be more than happy to do that or we'll directly to him and then he can have whoever he wants to advise him about reviewing it at his choice. I just need to know where he wants me to - Corrie: Where do you want us to send it, Joe? Simunich: You can send it to me and then I'll review it with our attorney. Corrie: All right, thank you. MOTION CARRIED: 3 AYES, 2 NAYS. (MAYOR CORRIE TIE BREAKER) Corrie: Shari Stiles is also on here. Brad, do you want to bring that to the next meeting? Gigray: I can report on it, Mr. Mayor. Corrie: Okay. Mr. Gigray. Gigray: Mr. Mayor and members of the Council, I believe what that report was about is how we're progressing with obtaining the professional services for the Comprehensive Plan. She has completed I believe that process and is now trying to negotiate and contract for the providence of services that would be presented to the City Council. She asked that I review the one that was submitted. It's Scientific - I didn't bring the - Scientific something. It's got an acronym. Rountree: SAle. Gigray: SAIC, thank you. The agreement is far satisfactory. It includes indemnity language. It includes limitation of damage claim language. The scope of work contained in the agreement and other things absolutely have to be reworked. I've contacted the people with them that we are to negotiate those points with, I've drafted a letter which will go out tomorrow. Hopefully we'll be able to bring this back to the Council at their next Council meeting. We'll see how far that goes. Corrie: Any questions? D. CHIEF BILL GORDON: GRANT APPLICATION Gordon: Mr. Mayor and Council, last year during the budget workshops there was some conversation about Federal Grants and personnel. I have received paperwork ( Meridian City Council Meeting April 20, 1999 Page 40 requesting us to put in for another Federal Grant. This is a continuation of the past grant. Basically amounts to if I sign this paper, the Mayor and I sign this, we're going to be authorized two more police officers. Before I sign that after the budget workshop there was some conversation about committing or putting the city in the position where they already had the grant and didn't know anything about it. This is the exactly the same as the previous grants. It's a four year grant. It's two officers. The awards were made only to participants that had already been a part of the grant. I don't have to refile. Alii have to do is just the Mayor and I need to sign this and I can pretty well bet there'd be 99% sure that it will be awarded to us again in December for two more officers. So I guess what I'm here for is do you want to commit to another two officers? Anderson: I have a question Bill. Does that have a deadline on it? Or can we get in budget talks before it has to be signed or it has to be signed right now? Gordon: It's got to be signed and sent off now. Anderson: Is there a deadline on it? Gordon: I think it's the end of this month. So we're crowding this one. Here again you know I was not going to put in for certified officers and this grant period coming up where I need the help is in support personnel but there aren't any grants for support personnel. This is another three year grant. You get two officers for the price of one the city's cost. Bentley: Chief, is the need going to be there for the growth and predicted growth? Gordon: Mr. Mayor, Councilman Bentley, yes sir it is. It is continue to be there and I don't think that's a question of anybody. The growth is going to be there, but where I'm at right now is I've been putting on officers and I've put on eight on to this grant program. I've got my support staff stretched to the point now where it's all they can do just to maintain. Rountree: If you move or if we authorize moving forward with the grant, does it have to exercised by the city? Gordon: No, you can turn it down. Last year was the last year of this grant and evidently they had some money left so they went back with the people that were already in this program and made a re-offering with what is left. Rountree: I guess for the Council's benefit, that's not unusual at all with Federal Grant dollars. They extend the programs if they haven't used them up. Meridian City Council Meeting April 20, 1999 Page 41 Bird: Chief, on the first year 75, 15 and then 25. Now they just pay wages, none of the benefits. They don't pay any part of the benefits or anything like that? Gordon: Wages and benefits. Bird: Uniforms, equipment, anything like that? Gordon: Not equipment, but all the benefits. Bird: And you've got two new officers coming on the first of May? Gordon: Yes, sir. Bird: And what does that bring your patrol up to? Gordon: 42 sworn. Bird: 42 sworn. Gordon: Yes, sir. Bird: And based on 30,000 people which we hope we have, that gives us about 1.4 officer per 1 ,DaD? Gordon: Approximately. Bird: I don't know. If you want to sign up for the grant but not exercise then we got until December to decide whether to exercise it or not, I have no problem with that. I don't believe - I agree with Chief. We need some receptionists or somebody like that. It's up to the Council. Corrie: Let me put something in here. I think if you're anticipating you're going to have two officers later, it's better to get some grant money to help pay for that rather than just go full bore on two officers later. We know that we're going to have to have them. The growth of the city is going to demand it. My question is why not use some of this grant money to help pay for one of them anyway. Over this period of three years, you're going to have to hire two more 'officers. We know that and if you can get one of them paid for with the grant, I think it makes good sense to do that. You're planning ahead and that's one of the things that you're going to be seeing in our budgeting is one, three, five year planning ahead so you're going to see that fold in front of you so I think under the circumstances within three years, you're going to need two more officers and you might as well be able for them than just one. So that's my comment. Charlie is right. ( Meridian City Council Meeting April 20, 1999 Page 42 You can apply for the grant. You don't have to take it if you don't want to, but it seems to me like a good mathematician would give you one for one. It sounds good to me. Gordon: This is what we did last year on two applications. Bentley: Mr. Mayor I move we authorize the Chief and the Mayor to sign and to apply for the grant for the cops. Corrie: Motion made. Do I hear a second? Rountree: I'll second. Corrie: Motion been made by Mr. Bentley second by Mr. Rountree to allow the Mayor and Chief to sign for the grant application. Any further discussion? Rountree: Mr. Mayor just a point of discussion if Councilman Bentley would agree to a modification of the motion that by approval of this action, it's not implied on the part of the Council that we will exercise the grant. At this point it's the opportunity to get the grant to apply but not necessarily to exercise it. Bentley: No. Rountree: Would you agree to that? I'd withdraw my second then. Corrie: Okay is there a second to the original motion? Bird: He agreed to it. Rountree: Well he needs to add it to his motion. Either that or I can make a substitute motion and we can vote on that. Mr. Mayor I propose a substitute motion that- Corrie: Just a minute let me get on the record here that the first motion died for the lack of second. Now Mr. Rountree. Rountree: Mr. Mayor I move that we authorize the City to enter into the grant application through the cops programs to allow us the option of consideration and future exercising of the grants in the next budgetary process. Bentley: Second. Corrie: Motion has been made and seconded on the grant application to be signed by the Mayor and the Chief with the understanding that the Council will have to vote later to accept the grant if it's offered. Is that correct? ( Meridian City Council Meeting April 20, 1999 Page 43 Rountree: Pretty good paraphrase. Bentley: Point of discussion. Just so everyone understands, at budget time we will have to discuss whether we are going to accept it, but he won't have the approval probably until December. Rountree: Correct. Corrie: Any further discussion? All those in favor of the motion say aye. Motion is carried by the Chair. MOTION CARRIED: 3 AYES, 2 NAYS (MAYOR TIE BREAKER) Corrie: Let's see, what else we got here. I guess it's me. I don't see you on here any where. Bentley: Tom, I need you to help me with this. I left my notes at home since my kid took the car. During the Parks and Rec. Commission meeting last night we held a discussion on whether we should try to enter into a discussion with the School District on pairing up with their new buildings to create outside access to restrooms and utilizing some more of their facilities. Some of the discussion came about that the buildings may actually be enlarged so that the City could partner with the - or the City Parks and Rec. Department could partner with the School District and better utilize the properties and so on and so forth. Have I hit it all Tom? Kuntz: Just to clarify the main facilities that we were concerned about partnering were gymnasiums and that if they were going to be small gymnasiums at new elementary schools that what we would like to pursue is making sure those gyms are sized up and that we have a separate entrance that would be used after school hours possibly with separate restrooms that would be available in those entryways. So it's a concept that the commission that we would like to pursue with the school board, but would like your support before we move forward in discussions. Anderson: I would offer a comment. I think it's a good idea to do partnering. I think I definitely want to look at the percentage of partnership kind of like the tennis court deal at the high school. Obviously the school system is going to build a lot more gymnasiums at a lot more money than what the city can afford so I guess I would be a little apprehensive about what that partnership would entail and just what kind of funds we would be looking at and those types of things, but I would encourage you to explore the possibility to see what they would be looking at. Bird: Mr. Mayor I concur on the deal but I also think it's a very, very good idea. Nampa, Caldwell and Boise seem to do real well. The biggest problem we got that we don't l \ Meridian City Council Meeting April 20, 1999 Page 44 have the whole Meridian School facilities within our area. In fact Boise uses two of our nice deals very complimentary to their recreation program and it seems to work real good, and I don't think they put a whole lot of money into it. But they seem to do it and I'm like Ron, I hope we will work towards that, and I think there's a lot of other partnerships with the school that we can do like property for parks. I hope we don't have to go down for a adult thing to grade school gyms, but I don't think you'd find very many adults that could play in. The youth program is pretty well taken care of by Y ball and stuff as far as gymnasiums. So I think our basic things is Meridian Middle School and Meridian High School, use their gyms. But anyway Tom I think it's a dang good idea and I hope the commission can appoint a couple of guys to go sit down with them and work it over. Bentley: One point that we focused on was the new schools they're getting to build. We know they're going out to bid, but if there's something we could add on like the outside entrance, add into their plans and stuff, there's still time to modify and this is why it was kind of a crucial thing to get a read on this now from the Council so that we can approach them that maybe we could partner up on the new ones going up to add the extra facilities we're looking for. Bird: Glenn the exterior exits I think I know in the new one it's got exterior exits. The restrooms is one thing, but if and I can't remember if that one has got a - if the new middle school has got a - it's got a shower room so it's got a gymnasium or you got restrooms there. (End of Tape) Rountree: I've continually supported this concept, and I think it's great that the commission has gotten to the point where they're ready to go talk to the school, and I don't think it's just limited to structures. I think we look at property and in my mind this is the kinds of things we need to look at to get the best use of all the taxpayers' monies. If we could joint use a facility we're money ahead, the school district's money ahead and the citizens are the ones that benefit. Bird: Citizens benefit because we all pay their taxes. Gigray: Point of information. There's all kinds of statutory authority supporting this kind of efforts and you're right what the legislature anticipated would happen. If you get to a point where you want to formalize these, we should prepare an agreement. Corrie: Okay. Bentley: Okay done there. I got one more. In light of the situation that have occurred in the schools the past couple of days, I want to make a motion that we approve the Chief's request for special equipment, and I would also hope that the discussion where ( Meridian City Council Meeting April 20, 1999 Page 45 it is stored and how it is utilized would remain in his hands and not to be discussed in the public forum. Corrie: Okay motion made by Mr. Bentley. Do I hear a second to the motion? Hearing none, motion is denied for lack of a second. I guess I'm the last one on. Rountree: Mr. Mayor I have as a result of our session. But go ahead. Corrie: Go ahead. Rountree: Mr. Mayor I move that we have the City Attorney advertise for a s~ecial public information meeting to be held at 7:30 and running to 9:00 on April 27t to discuss and to receive public input on the concept of a full time Mayor or the concept of a full time city manager and/or leaving the city government structure the way it is and that would follow our regularly scheduled planning session and we also need to notice that we'd start at 6:30 and run until 7:30 with a discussion from JUS Engineering as it relates to sewer trunk lines fees and recommendations for action on the part of the city as it relates to trunk lines. Corrie: The meeting on May 4th, I would like for you to consider the request for donation from the Treasure Valley Infrastructure Study. The other cities have donated to that. Garden City, Nampa, Boise, Caldwell and of course Meridian hasn't acted on that yet. think you all have a brochure on that so I will ~et some more information to you and we'll discuss that and vote on it on May the 4t and the last is the need for possibly having a city seal a logo seal for the City of Meridian. Each year we've had the Mayor's awards in Boise for the youth awards and the one that they use on their brochure, it says it's the one I think you all got one time. It said it's the water tower City of Meridian and Hub of Treasure Valley. What I would like to do with your permission on the May 4th meeting is to conduct a contest with the schools to come up with a possible seal for the City of Meridian. Is there any comments on that? I'll give you some more information. Rountree: Mr. Mayor I have a comment that we've kind of been through this exercise in the past and we've got stunned a little bit. I think it's a good idea, but it's got to be done with the understanding that the art work or the logo that may be presented is not necessarily how it's going to be executed formerly by a graphics artist. For instance those logos have all been done probably computer generated. If somebody has a concept that we want to then transform into a logo by use of a graphics artist, I don't have any problem, but if it's just the contest is you submit your logo and that's what is going to happen. We've been there and it didn't work. Corrie: That's why I want you to think about it for how you want to do this or if you want to do it at all. Meridian City Council Meeting April 20, 1999 Page 46 Rountree: I think we do need something and the last thing I would say is I love our water tower, but I'm not so sure that's what we want to center our community on. Bird: I think it's time for a change. Rountree: I think it's time for a change. Corrie: Or if you would like to make your decision on what you want to see and not even have it open for publication, but I want you to think about it and then give me some information back for that meeting on the 4th and then we'll discuss it at that point. Bentley: Give them a weekend in Kuna. Corrie: Okay, I think that's alii had too and I believe that's taken care of the agenda. Bird: Mr. Mayor I move we adjourn. Rountree: Second. Corrie: Motion made and second we adjourn. All in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ,. -- ~ Mayor ROBERT D. CORRIE HlJB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 884~4264 Counci I Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, April 20, 1999 at 6:30 p.m. The Meridian City Council will hear a presentation by Arden Davis regarding Culture, Beautification, Recreation, City Services, Housing, Education and Economic Development for the Mayor's Ad Hoc Committees. The public is welcome to attend. DATED this 5th day of April, 1999. ( Meridian Vision Mayor's Ad Hoc Committees' Report JP, e!~ f/lVlp- RECEIVED APR 2 0 1999 CITY OF MERIDIAN Jt~ Contents Meridian Vision Statement Authority Background Process Philosophy Statements and Recommendations Beautification City Services Culture Education Housing Recreation Committee Rosters Prepared by: Arden V. Davis Facilitator Meridian Chamber of Commerce Economic Development Committee Chair Date: April 20, 1999 ( ( Meridian Vision Statement Meridian is a vibrant community at the center of the Treasure Valley dedicated to embracing its heritage and providing a high quality of life where its citizens live, work and play. Authority The Meridian City Council adopted the Meridian Vision Statement August 18., 1998. At - - ~ that time the City Council and Mayor authorized the formation of ad hoc committees as needed to achieve the Meridian Vision. Background In 1997 Ada County Highway District and the City of Meridian Transportation Task force were conducting public information meetings regarding the Meridian Road East First Street couplet. There was strong sentiment expressed on both sides of the of the one way and two street issue. Ada County Highway District allowed a time extension agreed that a decision and recommendation would need to be reached by December 1998. To resolve the question, many citizens gathered to debate the issues and agreed that a proper solution would include developing a Meridian vision statement. The Meridian Chamber of Commerce, the Ada Planning Association, many Meridian City department heads and several citizens joined together and produced the Meridian Vision Statement. This group identified several emphasis areas that contribute to reaching the Meridian Vision and recommended that additional philosophy statements and goals and/or action items be included that would lead to the Meridian Vision. These emphasis areas include transportation, historical character of the community, beautification:, city services~ culture, economic development, education~ housing, and recreation. Because the Meridian Road and East First Street situation had a critical time constraint, transportation and history were the first two emphasis areas addressed. On December 9" 1998, both, the transportation committee and the historical committee presented their reports and recommendations to the Meridian City Council. These recommendations and reports are provided for the use of those entities who may find value in them in their quest to reach the Meridian Vision. Process Each emphasis area was discussed separately. Group process techniques" brainstorming" and group and committee consensus were used to produce the recommendations=, philosophy statements~ goals" action items and reports. Mayor's Ad Hoc Committee PllilosopllY Statelnel1ts and Recoll1111el1datiol1S Beautification Philosophy Statement: Meridian maintains a clean, high quality visual appearance through natural amenities, architectural considerations and citizen involvement. Beautification Goals: Meridian will: · Support entrance beautification · Encourage public and private landscaping · Support clean and attractive areas through cleanup programs and other organized efforts · Encourage preservation of "Old Town" architecture and theme City Services Philosophy Statement: Meridian supports orderly growth to serve demands from rapid expansion while providing for established businesses and residences. City Services include parks, water., sewer, roads, rights of way for utilities, and protective services such as fire and police. City Services Goals and recommendations: · Strategically review, update and maintain current zoning plans and zoning maps · Utilize the planning process for each area Have a master plan for each City Service Annually review each master plan and update as needed · Establish an Internet home page · Seek new technologies to use in each City Service area Encourage continuing education · Restrict certain types of industry · Encourage compatible industries Consider historical characteristics.. air pollution.. noise pollution~ And economic compatibility · Encourage mosquito abatement · Maintain customer service attitude for City Services ( Cultural Philosophy Statement: Meridian promotes a multicultural, multigenerational community recognizing and integrating its historical identity and providing for present and future cultural needs. Cultural Goals: · Establish Public Art Collection on display throughout all public places · Establish an historical center · Establish a cultural events center · Meridian shall support special events, i.e., parades, fairs and festivals Education Philosophy Statement: Education shall continue to be a positive endeavor that recognizes, supports and values learning within both the public and private sectors that includes children, youth, and adults, by providing a diverse array of learning opportunities. Goals and Action Plans: · Encourage and support private and public educational offerings · Will support Meridian School Districts Vision Statement · Communicate via web site, newspaper, newsletters, and directories Housing Philosophy Statement: Opportunities for housing should be available for all income groups with a mix of housing including modular, ranchettes, townhouses, apartment housing, low-income housing and mansions. A vibrant community needs a good cross-section of housing and therefore must guard against an abundance of subdivisions in like density and price range. High-density housing must be strategically located to public transportation~ community services and not negatively affect property values. Housing Goals/Actions: · Encourage pride of ownership · Encourage maintenance of existing neighborhoods and housing, i.e.., "Paint the T own" and clean up programs · Communicate and publicize clean community concept · Section line road intersections should have services and commercial businesses · High density housing should be near section line road intersections · Encourage pedestrian friendly environment with pathways and bike ways · Maintain adequate lighting · Encourage open spaces~ common lots and parks · Encourage beautification and landscaping · Pursue historical preservation funding · Seek special funding resources for housing projects and amenities Recreation Philosophy Statement: Meridian encourages recreational activities, programs and instruction that provide a broad spectrum of recreation opportunities to the citizens and surrounding community. Goals/Action statements: · Develop existing park and recreation land and maintain existing facilities · Develop pathways, green ways, canals, creeks, and pedestrian corridors . Provide for park acquisition · Locate parks geographically in the context of allowed developmental densities · Support a city-wide arts program · Support multi-use facilities with public agencies, private sector, school districts, and parks · In planning for growth management, parks and recreational facilities shall be recognized as part of the total city infrastructure · Provide public park areas that are designed with play ground equipment for multi-age group utilization, creating a family friendly environment · Support the efforts of the Americans with Disabilities Act to include access and recreation opportunities for people of all abilities · Provide adequate lighting and/or vision clearance to deter vandalism and promote safety en ~9 ~.E ...., ~ c....0 E: := ~ 0 z= o = ~o~ ....... 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( ( Mayor's Ad Hoc Committees Housing: Name Phone Fax E- mail Malcolm MacCoy 887-7611 887-4813 Roger Nielsen 466-2212 466-6787 Roger@Olsonacrchitects.com Recreation: Name Phone Fax E-mail Tom Kuntz 888-3579 898-5501 City Services: Name Phone Fax E- mail Malcolm MacCoy 887-7611 887-4813 Bryce Jolmson 342-6280 342-0254 brycejolm@aol_com Hal Ford 884-4901 884-4903 pccida@earthlink_net Bob Beede 888-2910 888-1804 Idahovet@aol.com Culture: Name Phone Fax E-mail Tere Foley 884-1867 Jay Jolmson 344-8060 Ken Williams 288-1901 Kenwi144@micron. com Steve & Kat Paul 887-3497 Burel Koppes 375-2359 Beautification: Name Phone Fax E-mail Chuck McLaughlin 888-6471 898-5903 Paul McLeod 888-1688 paulm.cyberhigh_net Terry Smith 888-6801 288-0805 Smithpark@aol.com Education: Name Phone Fax E-mail Lori Jones 887-1786 884-5719 Lori.j one@Investmentcenters. com Christine Donnell 888-6701 888-6700 donnelle@mailhost.sd02.k 12. i d.lls Bruce Borup286-7850 or cell 371- 5134 Bob Chandler Tammy DeWeerd Bob Faller Lori Jones Jim Johnson Burel Koppes t" ( ( t" Ad Hoc Historical Committee Comprehensive Plan Ad Hoc Committee Dale Ownby POBox 444 Meridian, ID 83680 888-6644 David Patten 635 S. Canvas Back Way Meridian, ID 83642 887-1989 Rhonda Gileroy EI ZocaIo Restaurant 729 E 1 st Street Meridian, ID 83642 888-4089 Arden Davis cell 866-6521 John Berg 612 Tiffany Drive Meridian, ID 83642 888-1843 Peggy Gardner 2156 West Chateau Dr Meridian, ID 83642 895-0950 Terry Smith 713 East Kingsford Dr_ Meridian, ID 83642 888-6801/ cell 890-3059 Gwen Alger 120 E. State Ave. Meridian, ID 83642 888-3653 888-2665 887-3747 454-7752 887-1786 888-1465 375-2359 388-2404 or ( RESOLUTION NO 2 '2 Z BY: ~e/I-f- gird- C//-tj CtJ {;{.hc21~ A RESOLUTION PROVIDING FOR THE AUTHORIZATION OF THE "PENNIES FOR PARKS PROGRAM"; AUTHORIZING THE MUNICIPAL UTILITY BILLING SERVICES TO PROVIDE NOTICE ON OR AFTER OCTOBER 1, 1999, TOGETHER WITH UTILITY BILLING; AND PROVIDING FOR THE ACCOUNTING AND DESIGNATION OF MONIES COLLECTED TO BE USED FOR PARKS AND RECREATION. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: There is hereby created a program for the voluntary raising of revenue for the City Parks Department to be known and designated as the "Pennies for Parks Program"; and SECTION 2: The Municipal Utility Billing Service of the City is hereby authorized to prepare a notice, subject to approval of the City Council to be included in the utility billing of the City, commencing on or after the 1st of October, 1999; and SECTION 3: The City Council, by this action, does hereby create the "Pennies for Parks Program" and it is herein provided that any utility user who voluntarily rounds up their remittance and indicates on any utility billing, a contribution to the program, the City will apply the amount of the overpayment to the Parks and Recreation Department; and RESOLUTION OF THE CITY OF MERIDIAN, SE1TING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE "PENNIES FOR PARKS PROGRAM" SECTION 4: The Municipal Utility Billing Service is to account to the City Treasurer for all funds received from remittances from Utility Billings received pursuant to the "Pennies for Parks Program", and the Treasurer shall apply said funds to the appropriate account denoting the "Pennies for Parks Program" as determined by the City Treasurer and the same shall be considered by the City Council for budgetary purposes of the Parks and Recreation Department. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20~ day of II-/Jr/ L , 1999. t APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2v~ day of l1p-r;f , 1999. U- ,\\\,\HI011/{/ \\ \\ c ~ fi":':o- II/II, ,\\\...J 01 · .'~!.::., ::- i'; , ./ 1 ,-0' ~.~ ~ ,...~.:..c~::~ q J<;',.t... (: ....,." c) /;'o,~~?.~ ~~~~ '~;} "(;:. ....~". "j l' ~ "'" ...~ ~ '0 ~ ~ 1 ~ ~~ ~ SEJ\L ~ ..., .,.~u ,,# 0 ff '~'o 'Sj 1$\ ' ~:..$ msg/Z:\Work\M\Meridian 15360M\Parks\RESOL PENNIES FOR P~-1~ .&:"\'\~' . $ '.1 t.... Yu b I \. v '\' .J'~>II '\J1.JNT'l t \\\\\\' 111./1 H ti to H ,\ \ RESOLUTION OF THE CITY OF MERIDIAN, SE1TING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE "PENNIES FOR PARKS PROGRAM" 2 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerl( of the City of Meridian, 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 Clerl( of this City, I am the custodian of its records and minutes and do hereby certify that on the 20'fh.. day of ~ ' I 999, the following action has been tal(ell and authorized: A RESOLUTION PROVIDING FOR THE AUTHORIZATION OF THE "PENNIES FOR PARI(S PROGRAM"; AUTHORIZING THE MUNICIPAL UTILITY BILLING SERVICES TO PROVIDE NOTICE ON OR AFTER OCTOBER 1, 1999, TOGETHER WITH UTILITY BILLING; AND PROVIDING FOR THE ACCOUNTING AND DESIGNATION OF MONIES COLLECTED TO BE USED FOR PARICS AND RECREATION. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: There is hereby created a program for the voluntary raising of revenue for the City Parl(s Department to be known and designated as the "Pennies for Parl(s Program"; and SECTION 2: The Municipal Utility Billing Service of the City is hereby authorized to prepare a notice, subject to approval of the City Council to be included in the utility billing of the City, commencing on or after the 1st of October, 1999; and SECTION 3: The City Council, by this action, does hereby create the "Pennies for Parl(s Program" and it is herein provided that any utility user who voluntarily rounds up their remittance and indicates on any utility billing, a contribution to the program, the City will-apply the amount of the overpayment to the Parks and Recreation Department; and SECTION 4: The Municipal Utility Billing Service is to account to the City Treasurer for all funds received from remittances from Utility Billings received pursuant to the "Pennies for Park.s Program", and the Treasurer shall apply said funds to the appropriate account denoting the "Pennies for Parl(B Program" as determined by the City Treasurer and the same shall be considered by the City Council for budgetary purposes of the ParIes and Recreation Department. County of Ada, On t . s ~ day of f)1 ~ ' in the year 1999, before me, J rn-s , a Notary Public, appeared WILLIAM G. BERG, JR., 1 own or identified to me to be the City CIerI, of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City of Meridian. ".,..u....,<< ~,,, L L :1#<< (~"M~\ · 8l ~#~ y~~.... ~~ ~~ ~. .. ~ ... · T · .. = 1....1. 0 A..R L. \ ~ - . ~ ~.. . . . - : * . .....~ . * : ~ . . . .. C.. .. · )<..0: \ · .. w:. ..r RL\"" · .. ~~.j W orlC\lVI\Me~j}iJ. 113 60 M\P ar ks\CertifClk for ResPenni es f'. ~ ~ o. .. ...~ '-J ~ ~, -1:r 0....... ~""7' ~~ ~6'##., e OF \\) ,...".. "8GQ#lH'DDII"" J/~ Nota Public for Idaho Commission Expires: I DII<...~ d~:J- ~-; A~~~ . ..' J. 6WXo NAVARRO bO~ S~t 'nj~!-to RECORDED ~ REOU S T OF ( fEE~OEP . k~ ~ 99039303 CITY OF MERIDIAN ORDINANCE NO. ~ B?O 1999 AP 22 Pr112: 38 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERlDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRlTING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERlDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); 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 CLERIC 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 adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land lying in the SE 1/4 of the SE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the southeast comer of Section 20, T.3N., R. IE., B.M., thence N 000 00'18" W 779.44 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Thence N 89047'41" W 808.57 feet to a point; MARTIN DEVELOPMENT, INC.! THOUSAND SPRINGS VILLAGE SUB. ANNEXATION AND ZONING ORDINANCE ( Thence S 00011'31" W 400.91 feet to a point; Thence N 70009'3211 W 193.14 feet to a point; Thence N 69030'47" W 138.63 feet to a point; Thence S 840 17' 13" W 119.57 feet to a point; Thence S 51029'58" W 83.95 feet to a point; Thence S 75038'58" W 34.74 feet to a point on the west line of the SE 1/4 of the SE 1/4; Thence N 00011 '3111 E 930.84 feet to the northwest comer of the SE 1/4 of the SE 1/4; Thence S 89050'56" E 1336.61 feet to the northeast comer of the SE 1/4 of the SE 1/4; Thence S 00000' 18" E 570.60 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 21.541 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby 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 Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps 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 subject to the terms and conditions of that certain Development Agreement by and between the City MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUB. ANNEXATION AND ZONING ORDINANCE 2 ( \ of Meridian and the owner of the land described in Section 1 dated the 2ol!: day of /!phi , 1 999. 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 ClerIc 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 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 963-2215 and 950-223. PA~ BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2o--f~ day of r/~L , 1999. ~ APP~VEP BY THE MAYOR OF TH TY OF MERIDIAN, IDAHO, this ZtJ i:!: day of n { , 1 999_ \~ () R!-i tt tf Ut"1 ~ ,...c. ~/J(I \,\' At..J '-" T/ t'~ ",-'f;, II. " " tl.;l , ~~.~~~\ .... SEAL ~ msg\Z:\Personal\MStGeorge\MyFiles\Meridian Cjty'~il~ SPriIJ9S~~. ORD.WPD ~ -<?-, lS\ , ;pI..~ ~~ ~ -dt\'i- ,~ "I: ~U/,.~ ~ ", 1)111 v.... 11. \,,\' MARTIN DEVELOPMENT, INC. / THOUSA/I<f~'S'PWINGS VILLAGE SUB. ANNEXATION AND ZONING ORDINANCE 3 EXHIBIT "A" A parcel of land lying in the SE 1/4 of the SE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; COlnmencing at the southeast corner of Section 20, T.3N., R. IE., B.M., thence N 000 00'18" W 779.44 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Thence N 89047'41" W 808.57 feet to a point; Thence S 000 II '3111 W 400.91 feet to a point; Thence N 70009'32" W 193.14 feet to a point; Thence N 69030'47" W 138.63 feet to a point; Thence S 840 17'13" W 119.57 feet to a point; Thence S 51029'58" W 83.95 feet to a point; Thence S 75038158" W 34.74 feet to a point on the west line of the SE 1/4 of the SE 1/4; Thence N 000 II '31" E 930_84 feet to the northwest corner of the SE 1/4 of the SE 1/4; Thence S 89050'56" E 1336.61 feet to the northeast corner of the SE 1/4 of the SE 1/4; Thence S 00000' 18" E 570.60 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 21.541 acres more or less. 1:)(_ _ _ _ ~'~L~~I_'~ ~1_ ~ ~... _'~~~.~ JI~ii~_ liL____ __ _ ___ ______ -- __ -_- ---------- --------------- --------- ---- --- ----- -- -- ----- - - - -- -- ~ fi; I ~ ~ \11 ~ tt ~ ~ ~ ~ ~ :> "Ii ui ;! --~~ :t ~""t of ~ ;i\.1O . - ta ..~ $ -I .:-'~ "2 I,' I ~~ ."fp I : vi ..~ ~ '-4-;' ~~ r ~ ' ~ , tB.~ b "g",g ,II .,oo -N ~- ~~ t- \fi n :-. f ~ ~ ~~ ~ 0y- ,/ ,,." ",," - ,," "' ~/,,/ ...... (\ ~~~oi RECORDEO~REQUESTOr Y5.'vNt~~~ fEEP5 ~, 0 - ~, ,~; I rL~ ,0 1999 AP 22 PM 12: 38 \.i~ 99 0 3 930,", CITY OF MERIDIAN ORDINANCE NO. &1 Zl .~ 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 GENERAL RETAIL AND SERVICE COMMERCIAL (C-G) AND LIMITED 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 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 CLERIC 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 adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. I W_, B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence, N 89052'2211 W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marldng the CE 1/16 comer of said Section 13; thence, N. 00013115" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; JOHN GOADE ANNEXATION AND ZONING ORDINANCE ( Thence, N. 00000'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55008127" W. 284.18 feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63005'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03018'53" E. to a point of ending of curve; Thence N. 61046113" E. 83.51 feet; Thence N.Ooo13115" E. 191.00 feet; Thence, S. 8904614511 E. 157.00 feet to said East 1/16 Line; Thence, S. 00013'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L..O ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.I W., B.M., Ada County, Idaho; thence N. 89052'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marldng the CE 1/16 corner of said Section 13, said point being the POINT OF BEGINNING; Thence, N. 89052'22" W. 143.09 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30008'45" W. 335.35 feet; Thence, N. 62002'20" W. 797.87 feet to the south line of Franldin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; JOHN GOADE ANNEXATION AND ZONING ORDINANCE 2 Thence leaving said centerline, S. 89054'50" E. 356.86 feet to the Southeast comer of Lot 18, Blocl( 3, said Franldin Square Subdivision; Thence, N. 00008'42" E. 107.47 feet to the Southwest comer of Troutner Business Parl(, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85041'16" E. 147.43 feet; Thence, N. 79054'52" E. 523.46 feet to the Southeast comer of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/16 Line, S. 00013'15" W. 166.93 feet; Thence, N. 89046'45" W. 157.00 feet; Thence, S. 00013'15" W. 191.00 feet; Thence, S. 61046'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63005'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03018'53" W. to a point of ending of curve; Thence, S. 55008'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00013'1511 W. 230.00 feet to the REAL POXNT OF BEGINNING, said parcel containing 7.63 acres. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. JOHN GOADE ANNEXATION AND ZONING ORD'INANCE 3 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (C-G) and Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps 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 subject to the terms and conditions of that certain Development Agreement by and between the City 2 -fA of Meridian and the owner of the land described in Section 1 dated the 0 - day of Ilpr/z , 1999. 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 ClerIc 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 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 950-223. JOHN GOADE ANNEXATION AND ZONING ORDINANCE 4 . ( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20ff day of~1 , 1999_ APP~~ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2eJ!: day of I ( , 1999_ . ( JOHN GOADE ANNEXATION AND ZONING ORDINANCE 5 .... A&LeLOOI ---------------~------------------~-------Aiai-------- \ '- h.~ \', / v '. '\ #.#./ \ ,/ ~\ "'~/'" ,~ " ,," ~ '~ r" , l I ,I ~l~ " ~ ,I I ;; ~ III ~ l Cw -Y,,-- " I "--,,- ""-, , ", " Ii' "~~..,.............. , '.. , ~~ / ~~ --~--~ , --..-- , ..-..---___---J / e~ : , I I / I . , I . ' , I ' I V , I ~ ~~ ~ II i ~!Itl ~~ e5,I"- ~ 2=1 -8 :r: II Ji 18 :~ <--;; ~I b~ ~ I _ ~Ii I~ i <C~ ~ I~ .., o ~~ ~ i .; I !j .-0 ...... ---m.,j-- . . , ~ \ , ~ ! & i\ \\ , , . \ I I ~ ! \ \ . . ~. ~/~ n'~ I.... \ ~ I~ - 1% I . . . I . II . 5i Ii . . .I- + .. .. . .. .. . c . .. .. c . II I ni~Q~ !I * i I;,. '~ 1M i" j i i? 'RI !~ !~ I i ! I ! ~ l II & ! I ~ ~ ;;ii I I I I ..: ri ..s <of IS i f ~!l ~ ~ ~I I: ~ I! . I 0 · . . . I ~1 ell ..-- c i ~ · 0 :JI sj~ 0,-- ~ i f-- ....... I ~ -10- I - i-... I-- CITY OF MERIDIAN ORDINANCE NO. g22 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AMENDED ORDINANCE NO_ 733 AND ENACTING A NEW ORDINANCE AMENDING CHAPTER 2 OF TITLE 2, MUNICIPAL CODE OF THE CITY OF MERIDIAN; PROVIDING FOR THE ESTABLISHMENT OF A PARI(S AND RECREATION COMMISSION; PROVIDING FOR THE QUALIFICATIONS AND METHOD OF APPOINTMENT OF MEMBERS OF THE COMMISSION; PROVIDING FOR THE ORGANIZATION, MEETINGS AND DUTIES OF THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION I: That Amended Ordinance No. 733 enacted by the City Council on the 6th of January, 1998, is and the same is hereby repealed; and SECTION 2: That Chapter 2 of Title 2 is hereby amended by the addition thereto of sections to to read as follows: PARl(S AND RECREATION COMMISSION - ESTABLISHED; MEMBERSHIP; TERM OF OFFICE; VACANCIES: A. There is hereby established a Meridian Parks and Recreation Commission of the City of Meridian. B. This Commission shall consist of seven (7) members who shall receive no salary. Members of the Commission shall be appointed by the mayor and approved by the City Council on a vote of one-half (V2) plus one of the Council members, and Commission members may, in lil(e manner, be removed. c. Residents who reside within the Meridian City Limits, or area of impact and are a minimum of 18 years of age are eligible to serve on the Commission, at least one but not more than 3 members may be appointed from residents of the City Impact Area, outside the corporate ESTABLISHMENT OF A PARIeS AND RECREATION COMMISSION, QUALIFICATIONS AND METHOD OF APPOINTMENT OF MEMBERS, AND ORGANIZATION, MEETINGS AND DUTIES OF COMMISSION ORDINANCE - 1 ( limits. D. When vacancy occurs, interested citizens will submit a letter of interest or resume to the Mayor within an advertised time period. E. A subcommittee of three individuals of the Parl(s and Recreation Commission will review the application and submit a recommendation to the Mayor. The location of the applicant's residence, in order to provide a representation based upon geographic areas and population will be given strong consideration. F. One member of the Meridian City Council, the City's Parl(s and Recreation Director, and one member who represents the administration of the Joint School District No.2, Ada County, State of Idaho, shall serve as ex-officio members with no vote. G. Each Commissioner shall serve a term of three (3) years. Commissioners wishing to serve additional terms must submit a letter of interest 30 days prior to the first term expiring. Reappointments are at the discretion of the Mayor, with confirmation by the City Council. H. Starting dates of terms were staggered at the inception of the Parl(s and Recreation Commission so that three Commissioner's terms expire each year starting in October 1, 1 999. ORGANIZATION AND DUTIES: A. At the first meeting each fiscal year, the members of the Parl(s and Recreation Commission shall meet and organize by electing one of their members Chairman and such other officers as may be necessary. The City Parl(s and Recreation staff shall provide secretarial service for the Commission. B. The Parl(s and Recreation Commission shall adopt By-Laws, Rules and Regulations for the proper conduct of the business of the Parl(s and Recreation Commission. The By-Laws, Rules and Regulations are subject to the approval of the Mayor and City Council after recommendation by the Commission. ESTABLISHMENT OF A PARI<S AND RECREATION COMMISSION, QUALIFICATIONS AND METHOD OF APPOINTMENT OF MEMBERS, AND ORGANIZATION, MEETINGS AND DUTIES OF COMMISSION ORDINANCE - 2 SUPERVISION OF RECREATION AREAS: A. The Parks and Recreation Commission shall advise the Mayor, City Council, and ParIes and Recreation Director, on the planning for, conduct of, operation of, and the supervision of, public parl<.s and public playgrounds, athletic fields, recreational facilities and other recreation activities on any of the properties owned or controlled by the City, and on any other properties in the Area of Impact upon which recreational facilities and/or activities are conducted and/or planned. B. Each year during the preliminary stages of budget preparation the Commission shall assist in planning and prioritizing projects and expenditures for the next fiscal year, and shall review the ParIes and Recreation Department budget before its submission to the City Council. The Commission shall also review and comment on any needed changes and/or revisions to the City's Comprehensive Plan as that plan relates to ParIes and Recreation. MEETINGS - The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and shall be publicized; the Commission shall allow and promote public participation in the meetings of the Commission. The Commission shall also review and comment on any needed changes to the City's Comprehensive Plan as it relates to ParIes and Recreation. REPORTS - The ParIes and Recreation Director shall malee monthly reports to the Mayor and City Council, and other reports from time to time as requested by the Mayor and the City Council. The Parks and Recreation Commission Chairman will submit an annual report to the Mayor and Council. ADVISORY STATUS - The ParIes and Recreation Commission shall be deemed advisory to the ParIes and Recreation Director, the Mayor and City Council. SECTION 3. Due to the fact that the codifier is in the process of recodifying the Municipal City Code, the exact section number of this ordinance shall be assigned by the codifier, and which section shall be approved at such time as the City Council approves the recodification in accordance with its authority under I.C. SS 50-903 and 50-905. ESTABLISHMENT OF A PARICS AND RECREATION COMMISSION, QUALIFICATIONS AND METHOD OF APPOINTMENT OF MEMBERS, AND ORGANIZATION, MEETINGS AND DUTIES OF COMMISSION ORDINANCE - 3 SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE. This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance tal(es effect. SECTION 7. DATE OF EFFECT. This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this20~day of /lprrl , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20~day of /Jpn-t , 1999. May r Robert D. Corrie ATTEST: , \\\\l"lHfl;ltlt~ ~\\ \ .f I.Z.t- '//,/ ...,\'- tr.1 0 r~~Ft/J''i :1.1.1. ," ~ \ ~~ .I.r' ~""'6 r~> lIJ;?r~~~ 2' '?~-- '---.~. '~ 2 '1 'Q ~ - - :E ~ - - - ~ msg/Z:\Work\M\Meridian 15360M\Parks\ORD733 _ ESTABLISHMENT OF A PARICS AND RECREATION COMMISSION, QUALIFICATIONS AND METHOD OF APPOINTMENT OF MEMBERS, AND ORGANIZATION, MEETINGS AND DUTIES OF COMMISSION ORDINANCE - 4 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 2.12 ACRES FOR PROPOSED FIRE SUBSTATION ) ) ) ) ) ) ) ) ) RZ- 99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matter on the rezoning application of 1.936 acres having come on for public hearing on April 6, 1999, at the hour of 7:30 o'clocl( p.m., and Council havi11g received the report of Shari Stiles, Planning and Zoning Administrator, and ICenny Bowers, Meridian Fire Chief, and both persons having appeared on behalf of the applicant, and no one appeared in opposition of the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 1 published for two (2) consecutive weeks prior to said public hearing scheduled for April 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and ss 11-2-416E and 11-2-417 A, 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 Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 2.12 acres in size. The property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 2 is generally located on the north side of Franl<lin Road, between 5th Ave. and Baltic Place, in Meridian. 5. The owner of record of the subject property is the City of Meridian, of 33 East Idaho St., Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Light Industrial (I-L). 8. The Applicant requests the property be rezoned to Limited Office (L-O). 9. The proposed site is adjacent to light industrial offices, commercial development and warehouse structures. The site is east of the Artech building and west of the Thomas buildings on Franldin Rd. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Construct and utilize a three-bay Meridian District Fire Station on Lot 17, Blocl( 3 of the Meridian Business Parl( Subdivision. 13. The Applicant's requested rezoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 3 Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban Development. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6.1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub-section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanl(er trucl(, operating personnel and support staff." 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 4 Recommendations as follows: 14.1 The request for rezoning to L-O will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I-L zone. 14.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605 .M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Department. If the ditch is not piped it should be developed as an amenity. 14.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5 -7 - 51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. 14.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 14.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.6 Paved parl<ing shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14. 7 As Franldin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35-foot-wide landscaped setbacl( shall be provided. 14.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 5 north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franklin Road. Adopt the Ada County Highway District's Recommendations as follows: 14.9 City shall dedicate 48-feet of right-of-way from the section line of Franldin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to brealcing ground, in accordance with Section 15 of ACHD Ordinance #188. 14.10 The main project entrance shall be constructed on Franldin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway may be 1 00 feet wide as proposed. 14.11 The secondary, employee entrance on Franldin Road shall be constructed as proposed (staff ingress and egress) approximately 5 feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 14.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14.13 Other than the access point specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. 14.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights-of-Way Trust Fund for the construction of an emergency vehicle access signal on Franldin Road at the main site entrance. The Planning and Zoning Commission further advises: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 6 14.15 Architecture of the subject development should be compatible with the surrounding property. IS. There are no major or scenic features of major importance that affect the consideration of this application. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW I. The Council may tal(e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The "Future Conditions" section of the "Public Services, Utilities and Engergy Resources" chapter (page 36), Fire and Life Safety services are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 7 listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. 3.2 The "Public Safety Goal Statement" (page 41), section 6.1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub-section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations (locations shown on land-use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad trucl( and tanl(er trucl(, operating personnel and support staff." 4. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any ldnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that public and quasi public uses are permitted uses in the (L-O) Limited Office District zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 8 6. That Idaho Code s 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. 9 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7 .1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 9 7.4 Where ,the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. That S 11-2-416 Ie GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: I. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERlDIAN - 10 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses not involve uses, activities, processes, materials] equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; II. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 9. That at S 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 11 to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 12 ( DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L-O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 The request for rezoning to L-Q will comply with the Zoning Ordinance to permit the fire station, as public uses are specifically prohibited in the I-L zone. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11-9-605.M. Council may waive the requirement for piping if it determines that the public purpose requiring such will not be served in the individual case. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If the ditch is not piped it should be developed as an amenity. 2.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic selVice per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 13 ( 2.4 Assessment fees for water and sewer service are determined during th~ building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.6 Paved parking shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2. 7 As Franklin Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a 35-foot-wide landscaped setback shall be provided. 2.8 Sanitary sewer and water services are not existing at this location. Sanitary sewer services shall be extended into the lot from the north. Easements from adjacent lots will be required to gain access to existing sewer mains. Water is available along the northern boundary along Franldin Road. 2.9 City shall dedicate 48-feet of right-of-way from the center line of Franklin Road abutting the parcel (3 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breal<.ing ground, in accordance with Section 15 of ACHD Ordinance #188. 2.10 The main project entrance shall be constructed on Franldin Road as proposed (the emergency vehicle egress) approximately 80 feet east of the west property line. The emergency vehicle driveway may be 100 feet wide as proposed. 2.11 The secondary, employee entrance on Franldin Road shall be constructed as proposed (staff ingress and egress) approximately 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 14 (' - feet west of the east property line. The staff driveway may be 24 to 30 feet wide as proposed. 2.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.13 Other than the access point specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. 2.14 If the applicant wishes to construct an emergency vehicle access signal, the sum of $15,000.00 shall be deposited to the Public Rights-af-Way Trust Fund for the construction of an emergency vehicle access signal on Franldin Road at the main site entrance. 2.15 Architecture of the subject development should be compatible with the surrounding property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 15 l NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~ i!o~ 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTEDr COUNCILMAN I<EITH BIRD VOTED~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED-F- MAYOR ROBERT CORRIE (TIE BREAI<ER) DATED: r / ?-d / 9; I ! VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 16 ( MOTION: APPROVE~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public W orl(s Department. By: Dated: 4-~;?tJ-f9 City Clerl( ,,\,\nttt"'''''ltl ~\.\~ At: ~/l ~ ..1 ~ . J'.I~ ~~ " ~ ~ mswZ:\Work\M\Meridian I 5360M\Fire DePt\AZR$l.~r~~ ~ ~ ~ ~ ~ ~ ~ E SU&T- $ ~ 4It .l1IUJ ~ ~ ~ ~ S ~ ~ ~ ~ -Y.A t 1'81 . ' D S ~v... ~~ ""~ ~?our.m tIIt"\' - ~ '.1 W' ,'i I'h t ,\" , 1/ \ \' IIII"'ft tt"'" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 2.12 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 0.75 ACRES FOR PROPOSED FIRE SUBSTATION ) ) ) ) ) ) ) ) ) RZ- 99-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND REZONING The above entitled matter on the rezoning application of 0.578 acres having come on for public hearing on April 6, 1999, at the hour of 7:30 o'clocl( p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and I(enny Bowers, Meridian Fire Chief, and both persons having appeared on behalf of the applicant, and no one appeared in opposition of the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recolnmendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 1 published for two (2) consecutive weel(s prior to said public hearing scheduled for April 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67 -6511, and SS 11-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.75 acres in size. The property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 2 is generally located on the west side of Ten Mile Road, between Teter and Muirfield, north of Cherry Lane, in Meridian. 5. The owner of record of the subject property is the City of Meridian of 33 East Idaho St., Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as follows: north one-half of Lot 8, Block 10 is Medium High Density Residential (R-15) (included as part of Lal(e at Cherry Lane No.5 Subdivision), and the south one-half of Lot 8, Block 10 is Low Density Residential (R-4) (included as part of Cherry Lane Village No.5 Subdivision) . 8. (L-O) . 9. . development. 10. Meridian. 11. The Applicant requests the property be rezoned to Limited Office The proposed site is vacant and surrounded by residential The subject property is within the city limits of the City of The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Construct and operate a Meridian District Fire Substation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 3 13. The Applicant's requested rezoning of the subject real property as Limited Office (L-O) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. This proposed zoning alnendment falls within the scope and policies of the City's Comprehensive Plan. The Generalized Land Use Map proposes a fire facility on Ten Mile Road in the general vicinity of the subject parcel. Also, under the "Future Conditions" section of the "Public SelVices, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety selVices are listed as one of seven (7) major selVices which citizens feel have the greatest impact on quality of life. The "Public Safety Goal Statement" (page 41), section 6.1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub-section 6.1 5U (page 42) under the same section states, "The recommended selVice standard for the Meridian/Rural Fire Department shall be based on 24-hour selVice at the downtown main fire station, with satellite fire stations (locations shown on land-use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad truck and tanker trucl(, operating personnel and support staff." 14. Giving due consideration to the comment received from the governmental subdivisions providing selVices in the City of Meridian planning jurisdiction, public facilities and selVices required by the proposed development will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 4 not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 14.1 The request for rezoning to L-O will comply with the Zoning Ordinance to permit the fire station, as public uses are permitted outright only within the L-O zone. 14.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance II -9-605.M. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Department. 14.3 Any existing domestic wells and/or septic systems within this project shall 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. 14.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 14.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.6 Paved parl<.ing shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 14.7 A minimum 20-foot-wide planting strip beyond the required right-of-way shall be constructed on Ten Mile Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 5 14.8 Site shall be restricted for only public use and shall be subject to conditional use if a fire substation is not constructed at this location. 14w 9 Sanitary sewer and water services are not existing to this lot at this time. Services shall be designed and installed prior to June, 1999, as the Ada County Highway District is planning to overlay Ten Mile Road. Adopt the Ada County Highway District's Recommendations as follows: 14.10 City shall dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section IS of ACHD Ordinance # 188. 14.11 The City shall locate a 30 to 40-foot wide driveway on Ten Mile Road a minimum of 220-feet north of Muirfield Street, shall pave the driveway its full required width and at least 50-feet beyond the edge of pavement of Ten Mile Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 14.12 The City shall construct a 5 -foot wide concrete sidewall( on Ten Mile Road abutting the parcel. 14.13 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 14.14 Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. The Planning and Zoning Commission further advises: 14.15 Architecture of the subject development should be compatible FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 6 with the surrounding residential areas. IS. There are no major or scenic features of major importance that affect the consideration of this application. 16. The area will have vehicular approaches to the subject property which shall be so designated as not to create an interference with traffic on surrounding public streets. CONCLUSIONS OF LAW I. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. The Generalized Land Use Map proposes a fire facility on Ten Mile Road in the general vicinity of the subject parcel. Also, under the "Future Conditions" section of the "Public Services, Utilities and Energy Resources" chapter (page 36), Fire and Life Safety services are listed as one of seven (7) major services which citizens feel have the greatest impact on quality of life. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 7 3.2 The "Public Safety Goal Statement" (page 41), section 6.1, states, "To ensure adequate protection for new developments, provisions shall be made for satellite fire stations. Sub-section 6.1 5U (page 42) under the same section states, "The recommended service standard for the Meridian/Rural Fire Department shall be based on 24-hour service at the downtown main fire station, with satellite fire stations (locations shown on land-use map) comprising a 10,000 to 15,000 sq. ft. lot with a 3,000 sq. ft. building of residential type construction and character, containing a squad trucl( and tanl(er truck, operating personnel and support staff." 4. The requested zoning of Limited Office, (L-O) is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any ldnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, C, Industrial, lists industrial uses allowed in the various zoning district of the City which provides that public and quasi public uses are permitted uses in the (L-O) Limited Office District zone. 6. That Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 8 ( the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. 8 11-2..407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7 .1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right..of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracl(s of said railroad line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 9 8. That ~ 11-2-416 I( GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 10 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; II. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. 9. That at 9 11-2-417 A and C it states in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehen~ive Plan Amendment prior to further consideration of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - II ( annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-41 7 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 12 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (L-O) Limited Office District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 The request for rezoning to L-O will comply with the Zoning Ordinance to permit the fire station, as public uses are permitted outright only within the L-O zone. 2.2 Any existing irrigation/drainage ditches crossing the property to be included in the subject project shall be tiled per City Ordinance 11 -9-605.M. The ditches to be piped shall be designated on future site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Department. 2.3 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7 -517 . Wells may be used for non-domestic purposes such as landscape irrigation. 2.4 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 13 2.5 Landscaping shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.6 Paved parl<ing shall be provided in accordance with City Ordinance and will be reviewed during the building permit application process. 2.7 A minimum 20-foot-wide planting strip beyond the required right-of-way shall be constructed on Ten Mile Road. 2.8 Site shall be restricted for only public use and shall be subject to conditional use if a fire substation is not constructed at this location. 2.9 Sanitary sewer and water services are not existing to this lot at this time. Services shall be designed and installed prior to June, 1999, as the Ada County Highway District is planning to overlay Ten Mile Road. 2.10 City shall dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The City will be compensated for all right- of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the City submits a letter of application to the impact fee administrator prior to breal<ing ground, in accordance with Section 15 of ACHD Ordinance #188. 2.11 The City shall locate a 30 to 40-foot wide driveway on Ten Mile Road a minimum of 220-feet north of Muirfield Street, shall pave the driveway its full required width and at least 50-feet beyond the edge of pavement of Ten Mile Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 2.12 The City shall construct a 5-foot wide concrete sidewall( on Ten Mile Road abutting the parcel. 2.13 Utility street cuts in the new pavement are not allowed unless FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 14 approved in writing by the District. 2.14 Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. 2.15 Architecture of the subject development should be compatible with the surrounding residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 15 NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~ By action of the City Council at its regular meeting held on 9P-li-, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN I<EITH BIRD VOTED~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ MAYOR ROBERT CORRIE (TIE BREAI<ER) DATED: fZO/'11 f I I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 16 VOTED I \ ( \ APPROVE . DISAPPROVED: MOTION: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Dep menta By: ..... Dated: 4-ZL; -?l9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 0.75 ACRES FIRE SUBSTATION CITY OF MERIDIAN - 17 , . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JAMES AND ICAREN HOLLISTER, THE APPLICATION FOR ANNEXATION AND ZONING OF 10.02 ACRES ) ) ) ) ) ) ) ) Case No. AZ-98-106 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on MarchI 6, 1999, and continued until April 6, 1999, at the hour of 7:30 o'clocl( p.m., and Shari Stiles, Planning and Zoning Administrator, and the Applicant's representative, Stilman Anderson, architect, for James and I(aren Hollister, having appeared and testified, and TOlTI Davis appeared and testified as an affected property owner and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ JAMES AND I<AREN HOLLISTER FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel(s prior to said public hearing scheduled for March 16, 1999, and continued until April 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record withi11 three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 1999, and continued until April 6, 1999, public heari11g; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67 -6511, and 9911-2-416E and 11-2-41 7 A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER ( Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 10.02 acres in size. The property is generally located east of Locust Grove Road, between U sticl( and McMillan Road just north of the Summerfield Subdivision. The property is designated as Yul(on Subdivision. 5. The owners of record of the subject property are James R. Hollister and I(aren L. Hollister, of 3860 N. Locust Grove Road, Meridian, Idaho. 6. Applicants are the record owners of the property and filed a vvritten request for annexation and zoning. 7. The property is presently zoned by Ada County as Rural Transition (RT), and consists of undeveloped, open land with a single residence. 8. The Applicants request the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located on the east side of Locust Grove Road between Usticl<. Road a11d McMillan Road, north of the Summerfield Subdivision. 10. The subject property is bordered to the north by land owned by the Meridian Joint School District No.2 and the Heritage Subdivision and by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER undeveloped land to the east and west. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. II. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban 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 manner: Construct a private drive bacl( to the existing residence with no other specific plans for development of the subject property. 14. Applicants' requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the current designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 17. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER of Impact of the City of Meridian. 18. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridial1 Comprehensive Plan. 19. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developlnent will not impose expense upon the public if the following conditions of developlnent are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer" Recommendations as follows: 19.1 The instant application is being filed separately from the application filed by the Meridian School District. However, the two applications are for contiguous parcels. The Applicants must submit a legal description which meets the requirements of the City of Meridia11 and the Idaho State Tax Commission. 19.2 The instant application provides that a subdivision is proposed on the subject parcel; however, the subject parcel does not have adequate public street frontage on Locust Grove. Applicants have not submitted any plans to further subdivide the subject parcel at this time. Applicants received approval for a private drive from Ada County. Applicants are advised that they will not be able to subdivide the subject property until such tilue as a public street is stubbed to the boundary, possibly from the east. 19.3 Sanitary sewer serviceability to the proposed site is questionable since the parcel is on the fringe of the service area of existing mains. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER ( Applicants' engineer shall verify the feasibility of service. 19.4 Water service to the subject parcel could be extended frolll the existing main located in Locust Grove Road. 19.5 Any existing irrigation/drainage ditches crossing or adjacent to the subject property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be subject to approval by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worl(s Department. No variances have been requested for tiling of any ditches crossing this project. The provisions of this requirement shall not apply for the limited purpose of the construction of the proposed roadway but shall apply if there is additional development of the subject real property other than ordinary maintenance and replacement of existing improvements. 19.6 Any existing domestic wells and/or septic systems within the subject property shall be removed from their domestic service per City Ordinance Section 5-7 -5 17 . Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Water Department Recommendations as follows: 19.7 Well No. 18 will need to be in service prior to allowing any more development in the subject pressure zone. The Planning and Zoning Commission further advises: 19.8 Applicants shall submit plans prior to relocation of the proposed private drive. 19.9 In the event that the proposed private drive is not paved, Applicants shall provide adequate dust abatement. 20. Due to a neighboring application for annexation and zoning, the parcel to the north of the subject parcel by the Joint School District No.2, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ JAMES AND I<AREN HOLLISTER ( ( requirements for landscaping associated with that development request, and due to its proximity to the applicant's proposed private driveway, there is no need to require that applicants provide a five foot minimum buffer planting strip between the existing subdivision and the proposed private drive as was recommended by Planning and Zoning. 21. Mr. Tom Davis expressed concern over trash blowing onto his agricultural fields from the subject property and requested fencing of the eastern boundary but the Council finds that due to the fact that no development is anticipated other than a driveway, that no such fencing shall be required. 22. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 19, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 23. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vici11ity, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smol(e, fumes, glare and odors: 23.8 Applicants shall submit plans prior to relocation of the proposed private drive. 23.9 In the event that the proposed private drive is not paved, Applicants shall provide adequate dust abatement. 24. The development of the property as a (R-4) Low Density Residential, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 25. There are no major or scenic features of major importance that affect the consideration of this application. 26. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 26.1 Under the section entitled "Foreward" Goals of the Comprehensive Pla11, Goal no. 2 at page 5; and 26.2 Under the section entitled "Land Use" Land Use Goal Statement ss 1.3 and 2.5U at page 23, and facilitate the inclusion within the City of Impact Area to avoid checl(erboard type annexation in this region of the City's Ilnpact Area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER 27. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-41 7 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may tal(e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridia11 has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ JAMES AND I<AREN HOLLISTER ( 4.1 Under the section entitled IfForeward" Goals of the Comprehensive Plan, Goal no. 2 at page 5; and 4.2 Under the section entitled "Land Use" Land Use Goal Statement Ss 1.3 and 2.5U at page 23, and facilitate the inclusion within the City of Ilnpact Area to avoid checl(erboard type annexation in this region of the City's Impact Area. 5. The requested zoning of Low Density Residential, (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND ICAREN HOLLISTER ( 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER 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. This application is for annexation and zoning of 10.02 acres located on the east side of Locust Grove Road, between Usticl( and McMillan Roads, just north of Summerfield Subdivision, Meridian, Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the C~ty of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Lilnits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of part 1 of this order have been met; and 3. The instant application is being filed separately from the application filed by the Meridian School District. However, the two applications are for contiguo:us parcels. The Applicants must submit a legal description which meets the requirements of the City of Meridian and the Idaho State Tax Commission. 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met 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: 4.1 The instant application provides that a subdivision is proposed on the subject parcel; however, the subject parcel does not have adequate public street frontage on Locust Grove. Applicants have not submitted any plans to further subdivide the subject parcel at this time. Applicants received approval for a private drive from Ada County. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER Applicants are advised that they will not be able to subdivide the subject property until such time as a public street is stubbed to the boundary, possibly from the east. 4.2 Sanitary sewer selViceability to the proposed site is questionable since the parcel is on the fringe of the selVice area of existing mains. Applicants' engineer shall verify the feasibility of selVice. 4.3 Water selVice to the subject parcel could be extended from the existing main located in Locust Grove Road. 4.5 Any existing irrigation/drainage ditches crossing or adjacent to the subject property shall be tiled per City Ordinance I 1-9-605.M. The ditches to be piped shall be designated on the site plans. Plans shall be subject to approval by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The provisions of this requirement shall not apply for the limited purpose of the construction of the proposed roadway but shall apply if there is additional developlnent of the subject real property other ordinary maintenance and replacement of existing improvements. 4.6 Any existing domestic wells and/or septic systems within the subject property shall be removed froln their domestic selVice per City Ordinance Section 5-7 -5 17 . Wells may be used for non-domestic purposes such as landscape irrigation. 4.7 Well No. 18 will need to be in selVice prior to allowing any more development in the subject pressure zone. 4.8 Applicants shall submit plans prior to relocation of the proposed private drive. 4.9 In the event that the proposed private drive is not paved, Applicants shall provide adequate dust abatement. 4.10 Applicants shall submit plans prior to relocation of the proposed private drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER ( - ( NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held April 6, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTEDr COUNCILMAN I<EITH BIRD VOTED-r=- COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTE Dr- MAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: i) 'La /9 ! VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ JAMES AND I<AREN HOLLISTER ( \ MOTION: APPROVED:. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public W orlcs Department. Dated: l-u-f9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / JAMES AND I<AREN HOLLISTER