HomeMy WebLinkAbout1999 03-16
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MERIDIAN CITY COUNCIL SPECIAL ME-ETING
MARCH 16. 1999
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie
Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Shari Stiles, Bill Gordon, Pauline
Skaggs, Will Berg.
Motion made by Ron Anderson and seconded by Keith Bird to go into Executive
Session.
(EXECUTIVE SESSION)
Corrie: I'll entertain a motion to come out of that.
Anderson: Make a motion to come out of executive session.
Bird: Second.
Corrie: Motion made by Mr. Anderson, seconded by Mr. Bird to come out of
executive session. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Now I'll open the City Council meeting it's a little bit late, I apologize. A
little bit longer in executive session I thought.
Rountree: Mr. Mayor, before we start another, I move that we adjourn the
executive session.
Corrie: Thank you.
Bird: Second.
Corrie: Motion made that we adjourn and seconded~ all those in favor say aye.
MOTION CARRIED: All ayes.
MEETING ADJOURNED AT 7:37 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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MERIDIAN CITY CULJNCIL SPECIAL MEETING
MARCH 16, 1999
PAGE 2
ATTEST:
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MERIDIAN CITY COUNCIL MEETING:
MARCH 16, 1999
APPLICANT: MARK HANSEN FOR BRUEGGER'S BAGELS
AGENDA ITEM NUMBER: 2
REQUEST: CITY TO HELP PAY FOR GREASE TRAP IN BRUEGGERfS BAGELS
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED LETTER
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
MERIDIAN SCHOOL DISTRICT:
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
3//5 t~J M.AL MA4V -'~ r<\.QN)'{t
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1113 E. PARKCENTER BLVD., BOISE. lDAl-lo g3706
TEL. c20tb) ~4 FAx <,ZOg) ~
33'.- sc<i 1 3$1 .. U<f2-
RECEIVED
FEB - 8 1999
CITY OF lVIERIDIAN
February 3, 1999
Meridian Mayor and City CounciL
It has come to my attention that our bakery ~ Meridian needs to have a grease trap
installed. In talking with the Meridian Wastewater Department I learned that last fall you
helped subsidize other local restaurants install similar systems. As I understand it we
were not included in the initial offer because jt was not believed we needed one due to
our menu. I was informed after an inspection in late December that since we had begun
selling soup we needed to have a system installed. What surprises me is that we have
.sold soup sinGe we opened in 1996. For some reason we were not included in the initial
program and so we missed the opportunity.
I am petitioning to ask for an exte~ion of the program to inplude us now because we I
were not made aware of the program last fall when we could have taken advantage of it.
J'am more then willing to comply wit~ the requests of the Meridian Wastewater
Department but I feel that the $5000 + price tag.it will cost us does not correlate to the
small amount of grease and food our store sends down the drain. Any help that you may
give us will be greatly appreciated.
/V^ .
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Sincerely, ,
;W~/~
/
Mark Hansen
Operating Partner
Brutato Enterprises.
BRuWEST ENTERrRISES L1C
(
** TX CONFIRMATIuN REPORT **
(
AS OF FEE 08 '99 16:23 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
07 02/08 16:22 208 884 0744
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00'43" 002 008 OK
FACSIMILE COVER SHEET
TO: FAX NUMBER: ~ 8' Lf - D7 4 4
DELIVER TO: CD }P.Ml l) Ia. J f) j
TITLE/DEPARTMENT: W WTp
DATE: :J- ~- 9' CJ
ADDRESS:
CONFIDENTIAL: YES
NO )(
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TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
FAA NUMBER (208) 887-4813
NAME:
COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSF~LL Y. (208) 888-4433
(
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
Council Members
CHARLES ROUNTREE
GLENN BENTI..EY
RON ANDERSON
KEITH BIRD
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 884-4264
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
FACSIMILE COVER SHEET
FAX NUMBER: ..33/-JLPL/J. DATE: ('5-,.;)-~
TO: \'f\oJ\( \\OJ\ ,)EW\
TITLE/DEPARTMENT: ()(OeJje)s 6o..~s
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): t J
FROM: CITY OF MERIDIAN
FAX NUMBER: (208) 888-4218
NAME:
'-
~
TITLE/DEPART
COMMENTS: .
~ -km i lit f.- 0(\
\\l'{'~O-- ~ \ tk- ffill~ .
PLEASE CALL US _ T RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULL (208) 888-4433.
FACSIMILE COVER SHEET
TO: FAX NUMBER: ~ 8"' 4 - 07 L/ 4
DELIVER TO: Clp 1(JLJte. () /~1
TITLE/DEPARTMENT: W WTp
DATE: :J- ~ - 9 9
ADDRESS:
NO X-
I)
CONFIDENTIAL: YES
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
FAX NUMBER (208) 887-4813
NAME:
COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433
(
** TX CONFIRMA.,: itJN REPORT **
(-
AS OF MAR 02 '99 16:15 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
13 03/02 16:14 208 331 2642
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01'00" 003 052 OK
--------------------------------------------------------------------------------------------
Mayor
ROBERT 0, CORRrE
HUB OF TREASURE VALLEY
A Good Place 10 Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · Fax (208) 8874813
LEGAL DEPARTMENT
(208) 884.4264
.council M~mbers
CHARLES ROUNTREE
GLENN BENTLEy
R.ON ANDERSON
JCEITH BIRD
PUBLrc WORKS
BUILOrNG DEPARTMENT
(208) 887.2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
FACSIMILE COVER SHEET
FAX NUMBER: ,331-JLPL/d-. DATE: (' 5-~-9.:L
TO: ~k t\Glf'l\)e{J
TITLE/DEPARTMENT: r3(l)~e)S 0J~~ S
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): t 1
FROM: CITY OF MERIDIAN
NAME:~~ ,,-)i~')
TITl ElDEPART&E NT: ~
COMMENTS:
~-b i lit e- OY'\
\).l~~ ~ \th. ~Cl~
FAX NUMBER: (208) 888-4218
PLEASE CALL US" T RECEJVE ALL FAX TRANSACTIONS
SUCCESSFULL (208) 888-4433.
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, MARCH 16, 1999-7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON ~ CHARLIE ROUNTREE
=x= GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A.
B.
c.
D.
E.
MINUTES FROM PREVIOUS MEETING HELD MARCH 2, 1999: Afrrvv'-f-
MINUTES FROM SPECIAL MEETING HELD FEBRUARY 24, 1999: ~/rl/~
SEWER AGREEMENT - FIVE MILE CREEK: ~pn;v<-
APPROVAL OF COMPENSATION PROGRAM: ~?rlw-<-
REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT FOR THE
FAMILY CENTER (MOTION TO REMAND IN ACCORDANCE WITH CITY
ATTORNEY'S MEMORANDUM): CZ?~v~
REGULAR AGENDA
MARCH FOR PARKS PROCLAMATION & MERIDIAN WBA PROCLAMATION: /read,;
REQUEST FOR CITY TO HELP PAY FOR GREASE TRAP IN BRUGGER'S
BAGELS BY MARK HANSEN: ~v<e wfi'A. ccJ7'Ltt/lil!nW
TABLED 2/16/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION
BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1:
~Me Wwt7~1 ~6'0M'9-"
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A DRIVE- THRU KIOSK IN THE PARKING
LOT OFINTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A
BARISTAS ESPRESSO -1375 E. FA1RVIEW:
~~V~ 7'I/'t ef( ~d d/a
DEVELOPMENT AGREEMENT FOR MERIDIAN JOINT SCHOOL DISTRICT
NO.2 (WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK
ROAD): ar pl?VVC-
ORDINANCE #817 - ANNEXATION AND ZONING OF PROPERTY FOR
MERIDIAN JOINT SCHOOL DISTRICT NO.2: apI'TOV-<-
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
(
14.
TABLED FROM 3/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE
FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH
SECURITY FENCE (MIDVALLEY BUSINESS PARK) BY HUBBLE - NW OF
EAGLE ROADII-84 INTERCHANGE, WEST OF TEXACO: apprPVJl.-
DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE
SUBDIVI~tON: .~>> ..,1-, ~ ~---'1~( 6~. i/l....h
T~kL~,t/ifr~ ~'V~~
ORDINANCE #818 - ANNEXATION AND ZONING OF THOUSAND SPRINGS
VILLA~~I~~~: /frrUL 6 ~ /11/7-'
DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH
OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN
MILE): --hvbf-u:l ~ 1 ~ 6 f?:: /rr;y-..
ORDINANCE #819 - ANNEXATION AND ZONING OF 8.51 ACRES BY JOHN
GOAD: frUe.d ~ 2 ~ 613- ,m~ ·
APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION
TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS:
deAf/- t?~~
FINAL PLAT~OR THOUSAND SPRINGS NO.3 SUBDIVISION BY FARWEST,
LLC - NORTH OF VICTORY ROAD AND WEST OF EAGLE ROAD:
tZ--ffYoV€ w/}t...; con.c{/~h.r
FINAL PLAT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION BY GEM
PARK II - EAST OF LOCUST GROVE AND NORTH OF VICTORY:
~frt'~ tu/YA- c~d/hln-1..S
FINAL PLAT FOR TUMBLE CREEK NO.3 SUBDIVISION BY STUBBLEFIELD
CONSTRUCTION COMPANY, INC. - USTICK ROAD, WEST OF LINDER
ROAD: ~ve-. t,-./tr^- CJruL/htn<--s
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14
ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER
OF MERIDIAN RD., AND USTICK RD: ~
C!~77n.~~/;( ~~ ~ 6'-/J14-.
PUBLIC HEARING: 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:
c~~ ~/I-f ~ 7 /!Ph 7 6 ~ /31,'2-.
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE
GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/B/A
JUKEBOX PARTY EXPRESS - 821 E. WILLOWBROOK:
~f?7JnJv-e ~a..e 01 ~p-e/z_~~ wlhL -f(-f 1 ell.. ft:,
h~ ~~(M..ecL ~(!A'h; a6t()-v;..e~
15.
16.
17.
18.
19A.
19B.
20.
21.
22.
23.
PUBLIC HEARING: REQUEST FOR ANNEXATION OF .53 ACRES AND
REZONE OF 55.79 ACRES TO I-L BY WILLIAM A. HON (JABIL) - NORTH OF
1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST
OF LOCUST GROVE RD: .
erN ~~;J- -f>o ~~ r/'/? i e(e
REQUgST BY JABlt TO WAIV~SUBDIVI~I-E>~ qRDINANCE:
ap;rn.9v€, 171 ir1 ".{- Mfcv_
PUBLIC HEARING: 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: ~~'"h.~ ~'l /Jt;r-ul bfhlutJ
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN
ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH
OF PINE AVENUE, WEST OF WEST 4TH STREET:
C07'v~~v~J ~7~~~
PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
HOME SALON BY TINA SAVKO - 310 E. BROADWAY:
C~~ ~h7 ~I 6tJz.~
DEPARTMENT REPORTS:
A. JANICE SMITH:
1. ACCOUNTING REPORT. ~~
B.
GARY SMITH:
1. ACCOUNT TRANSFER REQUEST. appro V~
TOM KUNTZ:
1. LAND ACQUISITION. ~:!
2. CHANGE ORDER FOR TULLY PARK. t:&PfdIVV.!l.,
CHIEF GORDON:
1. PERMITS FOR DOG POUND. - ..
elfl fJl'-/) V'€ wa /Y IhJ b/U.t d/Jo-J' jJef /"'-/t- -/",ees
SHARI STILES:
1 ~ DISCUSSION OF ROCKETS, INC. CONDITIONAL USE
PERMIT TRANSFER. PIII"L;rv rj;-~~
MAYOR CORRIE:
1. APPOINTMENT OF TRACE LEIGHTON TO MERIDIAN
PARKS AND RECREATIONS COMMISSION. affYOVL
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RECOkOED · REQUEST OF
Aor~ COUNTY RECORDER ~
~, 9.~YJB ~~xewW fEE-- OEPUTY
(<?f\~'~'iL<({ <1::3(, "f"(99 0 2 6 4 3 4
1999 H~ffiyUf ~DIAN
ORDINANCE NO. & /7
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED 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 CLERI( OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
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 being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5,
T. 3N., R. IE., B.M., Ada County, Idaho; said parcel being more particularly described
as follows:
Beginning at the Northeast comer of said Section 5;
thence along the Easterly boundary line of said Section; South 0036'05" West, 2,611.52
feet to the Southeast comer of said SE 1/4 of the NE 1/4, said comer being
mbnumented with a found brass cap monument;
MERIDIAN JOINT SCHOOL DISTRICT NO.2
ANNEXATION AND ZONING ORDINANCE
thence along the Southerly boundary line of said SE 1/4 of the NE 1/4, North 89040'37"
West, 372.00 feet to the TRUE POINT OF BEGINNING;
thence continuing along said Southerly boundary line of said SE 1/4 of the NE 1/4,
North 89049'37" West, 944.54 feet to the Southeast comer of Lot 13 of BlocIc 2 of
Carol's Subdivision No.2 as shown on the official plat thereof recorded in Boolc 39 of
Plats at page 3248, in the office of the Recorder, Ada County, Idaho;
thence along the Easterly line of said Carol's Subdivision No.2, North 0019'12" East,
660.38 feet to a point on the Southerly boundary line of Lot 7 of Bloclc 2 of Carol's
Subdivision as shown on the official plat thereof recorded in Book 38 of Plats at page
3154 in the office of the Recorder, Ada County, Idaho;
thence along the Southerly line of said Carol's Subdivision South 89010'00" East,
699.78 feet to a point;
thence South 00036'05" West, 354.16 feet to a point;
thence South 89040'37" East, 105.00 feet to a point;
thence South 00036'05" West, 50.00 feet to a point;
thence South 89040'37" East, 143.00 feet to a point;
thence South 00036'0511 West, 250.00 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 12.08 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.
MERIDIAN JOINT SCHOOL DISTRICT NO.2
ANNEXATION AND ZONING ORDINANCE
2
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
of Meridian and the owner of the land described in Section 1 dated the /6ffLday of
MPAciL-
, 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 Clerk of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
MERIDIAN JOINT SCHOOL DISTRICT NO.2
ANNEXATION AND ZONING ORDINANCE
3
simultaneously a certified copy of this ordinance and map with the State Tax Commission of
the State of Idaho, all in compliance with Idaho Code S63-2215 and S50-223.
f/li
PASSED BY THE COUNCIL OF THE CITY OF MERlDIAN, IDAHO, this It:? -day
of 111 d/LcI-v ,1999.
APPI.tOVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this / G-/!;.. day
of 1110Vt~ ,1999.
MERIDIAN JOINT SCHOOL DISTRICT NO.2
ANNEXATION AND ZONING ORDINANCE
4
(
MERIDIAN CITY COUNCIL MEETING:
MARCH 161 1999
APPLICANT: CONSENT AGENDA
AGENDA ITEM NUMBER: E
REQUEST: REQUEST FOR MODIFICATION OF CONDITIONAL USE PERMIT FOR THE FAMilY
CENTER
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED INFORMATION SUBMITTED
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
IDAHO POWER:
\/V r
~( ~rf~~
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'^^ aft lti\,clP'
Dv-\ · \ v
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
3115 ~re{( 1:~er&
Office
of the
City Attorney
200 E. Carlton Ave. Suite 31
. PO Box 1150
Meridian 10 83680-1150
Phone: 288-2499 Fax: 288-2501
E-mail: wfg@wppmg.com
From:
Re:
Mayor Corrie
cc City Clerk
Shari Stiles -
Bill Gigray, City Attorney A
Request for Modification of 61t~dit n Use Permit
Dakota Company, Inc.
March 11, 1999
RECEIVED
MAR 1 1 1999
CITY OF MERIDIAN
To:
Date:
Please consider this as a correction to my memo on this subject dated March 9th,
The above entitled matter is addressed to the City Council and should be brought to
their attention. I suggest that the matter could be handled in the consent agenda
because it is not properly before the City Council at this time. Shari Stiles drew my
attention to S 11-2-405 J of the Zoning Ordinance. It provides as follows:
HJ MOD/FICA TION OR AMENDMENT OF APPROVED APPLICA TION OR USE
All applications for amendment, alteration or modification of an approved
application or use shall be treated as an initial application and must be processed in the
same fashion and under the same procedures as an initial application. "
Clearly this matter will have to be submitted for processing in that fashion with the
payment of the appropriate application fee.
I recommend that the consent agenda refer to this memo and that the Council
enter an order of remand of this application upon this procedural basis and that the City
Attorney prepare the appropriate order of remand for signature by the Mayor and
attestation by the City Clerk.
RECEI'VED
MAR' 0 5 1999
March 4, 1999
City of Meridian
City Clerk Office
jf~t'
VIA Hand Delivery
City Council
33 East Idaho Avenue
Meridian, Idaho 83642
Re: Request for Modification of Condition Use Permit
.Dear Council: .
As you are aware, the City Council granted a Conditional Use Permit for the
development of a regional shopping center near the intersection of Eagle Road and Fairview
Avenue. As a part of the conditions, the developer was required to build a six foot (6') high
masonry block wall between the shopping center and the adjacent residents. The wall is to be
placed in a twenty foot (20') screening buffer between adjacent residents and the shopping
center. The exact location of the wall is to be decided by the applicant in conjunction with the
neighborhood homeowners association and approved by the Meridian staff.
Several issues have come up over the placement of the wall. If the wall is placed on top
of the berm twenty feet away from the residential property lines, it provides the maximum sound
and visual blockage to the residents. However, the twenty foot corridor created between the wall
and residential fences poses security risks to the residents. These concerns were raised by both
the Meridian staff and some residents.
The other option is to place the wall in the buffer zone next to residents' property lines.
However, placing the wall there significantly diminishes the sound and visual blockage to the
residents.
The developer has never been in favor of the wall and e~pressed his concerns consistently
in the public hearings held by planning and zoning. The residents and the developer would like
to modify the conditional use permit to allow them to explore other mitigation alternatives in lieu
of the wall. If we can't agree on alternatives, the wall will be built as required.
The proposed amendment attached to this letter provides us the opportunity to explore
other alternatives. This amendment provides a simple mechanism to notify the city that an
agreement has been reached and that the developer shall no longer be required to build the wall.
A berm with trees shall still remain in the buffer zone as screening.
With all the growth in Meridian, we know you are busy. We appreciate the time you and
1
the Planning and Zoning Commission have given to this matter. Rather than take up more of
your time, we plan to have any agreement that we come up with approved by eighty percent
(80%) of the adjacent owners. and the residential neighborhood homeowners association. This
gives the residents most impacted by the shopping center a chance. to be heard, and all the
residents a chance to voice their concerns and participate in the decision without taking any more
of your time.
We propose that evidence of any agreement shall require a petition signed by at least
eighty percent (80%) of the approximately forty-one (41) residents adjacent to applicant's
property and a resolution duly approved by the residential neighborhood homeowners
association requesting the block wall not be built. These documents shall be provided to
Meridian staff. Once they are received, the developer shall have no further obligation to build
the wall.
We appreciate the time that you have given us and hope that you will approve this
modification. We believe that it provides the fairest and most efficient mechanism to resolve our
issues. Thank you for consideration of this matter.
Sincerely,
Lorell Rogers,
Homeowners Association
Larry Durkin,
Applicant's Representative
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MODIFICATION TO CONDITIONAL USE PERMIT
TO ALLOW APPLICANT AND ADJACENT NEIGHBORS
TO CHOOSE ALTERNATIVE MITIGATION
Recitals:
WHEREAS, HERMES ASSOCIATES, and DAKOTA COMPANY, INC., an
Idaho corporation (collectively referred to as the "Applicant") applied to the City of
Meridian for a conditional use permit to build a regional shopping center on the southeast
comer of the intersection of Eagle Road and Fairview Avenue, Tax Parcel Numbers
Sl109233945 and Sl109212467;
WHEREAS, after several public hearings, the Meridian Planning and Zoning
Commission on October 13, 1998 issued Findings of Fact and Conclusions of Law that
recommended approving the Applicant's conditional use permit ("Findings and
Conditions");
WHEREAS, on October 20, 1998, the Meridian City Council adopted and
approved the Findings and Conditions;
WHEREAS, the conditional use permit requires the Applicant to build a six foot
(6') high masonry block wall ("Wall") at a location to be determined by the Applicant in
conjunction with the residential homeowners association with final approval by the
Meridian City staff;
WHEREAS, the adjacent residents have different opinions as to where the Wall
should be located; and
WHEREAS, the adjacent neighbors and the Applicant desire to explore other
mitigation alternatives in lieu of the Wall.
Modification:
NOW, THEREFORE, at the request of the aforementioned parties, the Meridian
City Council hereby modifies the condition in Paragraph 12 (d.) on page 12 of the
Findings and Conditions to read as following:
There shall be placed a twenty foot (20') buffer zone between the project and
the residential community located to the east of the project and that such
buffer shall include a tlrree foot (3 ') berm with staggered trees as designed by
the applicant~s landscape architect subject to final approval through design
review by Meridian Planning and Zoning staff. Further included within such
buffer zone shall be a minimum six foot (6') high masonry block wall
extending the entire length of the buffer zone. The exact location of such
wall shall be determined by the applicant in conjunction with the residential
neighborhood homeowners association with the final approval to be provided
by staff through design review. The applicant.. the adjacent residences and
the residential neighborhood homeowners association may agree to other
mitigation items in lieu of the six foot (6') high masonry block wall. Such an
agreelnent shall be evidenced by a petition signed by at least eighty percent
(80%) of the approximately forty-one (41) residents adjacent to applicant's
property and a resolution dllly approved by the residential neighborhood
honleowners association requesting the block wall not be built. The petition
and the resolution shall be delivered to staff. Upon receipt of the petition and
resolution by staff.. the applicant shall have no further obligation now or in
the future under this conditional use permit to build the six foot (6') high
masonry block wall in the buffer zone.
All other provisions of the Findings and Conditions shall remain the same.
(
** TX CONFIRMATION REPORT **
i
i
AS OF MAR 11 '99 13:22 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
03 03/11 13:20 2882501
MODE MIN/SEC PGS CMDij STATUS
EC--S 01'33" 004 116 OK
--------------------------------------------------------------------------------------------
RECEIVED
MAR' 0 5 1999
March 4, 1999
City of Meridian
City Clerk Office
.~~
VL4 Hand Delivery
City COWlcil
33 East Idaho A venue
Meridian, Idaho 83642
Re: Request for Modification of Condition Use Pennit
.Dear Council:
As you are aware, the City Council granted a Conditional Use Permit for the
development of a regional shopping center near the intersection of Eagle Road and Fairview
Avenue. As a part of the conditions, the developer was required to build a six foor (6') high
masonry block wall between the shopping center and the adjacent residents. The wall is to be
placed in a twenty foot (20') screening buffer between adjacent residents and the shopping
center. The exact location of the wall is to be decided by the applicant in conjunction with the
neighborhood homeowners association and approved by the Meridian staff.
Several issues have come up over the placement of the wall. If the wall is placed on top
of the berm twenty feet away from the residential property lines, it provides the maximum soUIJd
and visual blockage to the residents. However, the twenty foot corridor created between the wall
and residential fences poses security risks to the residents. These concerns were raised by both
the Meridian staff and some residents.
The other option is to place the wall in the buffer zone next to residents' property lines.
However. placing the wall there significantly diminishes the sound and visual blockage to the
residents .
The developer has never been in favor of the waIl and expressed his concerns consistently
in the public hearings held by planning and zoning. The residents and the developer would like
to modify the conditional use permit to allow them to explore other mitigation alternatives in lieu
of the wall. If we can't agree on alternatives, the wall will be built as required.
. The proposed amendment attached to this lener provides us the opportUnity to explore
other alternatives. This amendment provides a simple mechanism to notify the city that an
agreement has been reached and that the developer shall no longer be required to build the wall.
A berm with trees shall still remain in the buffer zone as screening.
With all the growth in Meridian, we know you are busy. We appreciate the time you and
1
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RESOLUTION NO.
BY: /~e/th ~YL
{!I!v; ~~
A RESOLUTION OF rl'HE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO,
ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED "TEMPORARY CONSTRUCTION LICENSE AND
SEWER EASEMENT AGREEMENT",DATEDTHEI6~ DAY
OF /11 /M1,~ , 1999, BY AND BETWEEN THE CITY OF
MERIDIAN AND JAMES F. GRIFFIN.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to
enter into an agreement with JAMES F. GRIFFIN, denoted as
"TEMPORARY CONSTRUCTION LICENSE AND SEWER
EASEMENT AGREEMENT" a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with JAMES F.
GRIFFIN, entitled "TEMPORARY CONSTRUCTION LICENSE AND
SEWER EASEMENT AGREEMENT" a copy of which is attached
RESOLUTION OF THE CITY OF tvlERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A SEWER EASEMENT AGREEMENT WITH
JAMES F. GRIFFIN
1
{
(
hereto marked as Exhibit "A" to this Resolution and to bind this City to
its terms and conditions.
PASSED BY THE COUNC~ OF THE CITY OF MERIDIAN,
IDAHO, this /6-ti-day of /l1#~vh, ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, thisl6f!-day of InChdt- ,1999.
ATTEST:
-
PREPARED BY ANGEL SIMS, CITY CLERK'S OFFICE
2
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A SEWER EASEMENT AGREEMENT WITH
JAMES F. GRIFFIN
(
MERIDIAN CITY COUNCIL MEETING:
MARCH 16, 1999
APPLICANT: DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 23Cl
REQUEST: TOM KUNTZ - LAND ACQUISITION
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
NAMPA MERIDIAN IRRIGATION:
~~J/
J O/f}O (/fJY
(Y ~v^
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
US WEST:
IDAHO POWER:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRuss
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288..2499
FAX (208) 288..2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653~0247
TEL (208) 466..9272
FAX (208) 466~4405
Email viaInternEt:wfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
March II, 1999
Tom I(untz, Parl(S and Recreation
City of Meridian
33 E. Idaho Ave.
Meridian ID 83644
Re: Linder Property Purchas.e
Dear Tom:
Please find enclosed a draft of a proposal for the offer to purchase the
above referenced real properly. As I understand it, the intention now is not to divide
the existing parcel but to simply mal(e the offer on the existing parcels as they are.
Please review for any needed changes.
This matter will go to the City Council for its consideration on the 16th
of March.
COPY: Bruce Frecldeton, Mayor Corrie
ey/Z:\W ork\M\Meridian IS360M\Parks\Linder.ltr
" -'(
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REALTOR@
REAL ESTATE PURCHASE AND SALE AGREEMENT
AND RECEIPT FOR EARNEST MONEY
THJS IS A LEGALI..Y BINDING CONTRACT.. BEFORE' SJGNING. REAO THE ENTIRE DOCUMENT, INCLUDING THE
GENERAl PRINTED PROVISIONS AND ATTACHMENTS. IF YOu HAVE ANY OUESTIONS BEFORE SIGNING,
CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT
(5)
llOUAL MOUSING
O...O.TU.ITY
10# 49264
1. REAL ESTATE OFfICES:
Usting Agency ,TJ-J()~T\Vr()N or .TV"R'R
MLS Office#
DATE
Selling AgencV 'mORNTON OLIVER
MLS Office#
SeIing Agent Name MIKE SWOPE
MLS Agent #
Phone '(officc~70-30Z4-- (I\omel_.
CITY OF :MERIDIAN AND/OR ASSIGNS
Usting Agent Name MIKE SWOPE
MlS Agent # --.-.
Phona IIlofficei 870-::;3024 _(home)
10 2. BUVER AND LEGAL DESCRIPTION:
]I
CHetoaher caJl4ied -BUVER"', agrees to PUlcha.~, and the undersigned SELLER agrees to seD tho following described real t:Sfate Nsr@inafter...c4Jft.'Tcd.. to
as "prCtnis8$'" commonlv known a:i . '... LINDER City:MERIDIAN County ADA Idahq. Ii tsjo4~
legi!lRy d~:scri~ as: Tax Parcel.. #80425233605, #80425233690 Totalling 67 Acres of wnic~
the offer is for~ acres.
3. TOTAL PURCHASE PRICE: 37 Please see attachment
$ oavab1e upon tt. foJlowing TERMS AND CONDmoNS C Not inclUding closing costs) :
4~ RNANCIAL TERMS: ( Note: A + C -\- 0... e :.hould add up to ( or be vqu.! to) total D....CMse PriC6. exeept rOf 100% financing)
$ A. EARNEST MONEY: BUYER hereby deposits f1f~een Hundred and n/ 100 DOLlARS ~s Eimlest Money
evidenced by: Ocaah Ga ~ check Dcast1IOf'~ cheCk 0 note due Dothet
and a recG:ipt Is hereby acknowfedged. Earncsr Money to be depo$ired in trUGt account upon acceptance bV aU parties and shaJl
be twId by: DUsting Stoker OSefGng Broker Dother tot the benefit of the parties
llet&to. ilnd (Broker' shall hold th6 completely Hxecuted Broker'S copy
of this AgreCt'l'Mlm. The responsible Broker shaU be
B. All CASH OFFER: K1VES DNO It this is tin all ~ o(ler do nOt complete lines 25 through 47, rill blanlctt with N.A.
c. NEW LOAN PROCEEDS: This AQtcoment contingent uJ)On BUYER obtaining: OFHA 0 VA DCONVEN DIHFA
ORD DOTHER N .(A FIRST '-OAN of ~ not inctuding mortgage
insurance, with interest not to oxceed % for iJ period of _ yeo,(:d at: Dfixad rate Domer
· BUYER shall pay no IllOIW than _ point.$) plus origination fee if any. SElLER shall pay no more
~ _ oointfsl.. Atrv redUCTion in points: shall rim aocrue to the bene:fit of the OBUYER OSELLER DOividad EQually.
BUYER sh=tll 3pplv for such 'oan within business day(s) of SELLER., acceptancc. Wrthin bu$lnes$ days of final
acc~tiU1cA nf aU patties. BUYER agrees ~$h SB.L.ER with a written loan commitment showing lander iPPfOval of eredit
report. income vcrifiCMtion. debt ratio$ and subject onlV ta satisfactory appraisal c.nd final fender lIndctwriting. If such written
commitr'nVnt is not f'=ClIived by SElLERS within the strict time aUotted.. SElLERS may at their option caneul this agreement by
narifyina BUYERS ill Wfiting of wch canceUatiOtla It an ti'pptaisal j!'; rcquit.:t bV lender, the prOPErty must ilppriii~" 3t not le5~
than pOrchilA price or BUYER'I: ~est Money may be returned at 8UYER.~ r9quc$t.
AtA J VA. r1 appIiC3blc. it is exoressfy agreed \hilt natWithStClnding any other provisions of this camract, BUYER ~all not be
obfiOQ"ted to complete the purchilse of tho propertY described herem or to incur any DOnalty or forr uiture of Eatnest Money
deposits or otherwise unless BUYER has been gi\fen in accordance with HUDIFHA or VA roquirements II written stantment by
the FederaJ Hou::ing Comrnis$ioner, Vett:rans Administtation or Q, O~ EndOtsemertt lender ~ettino fonh ThP, appr..ised v3tuO
of thy propertY uf not Ie,s than the stalos price as stated in 1M contract. BUYER $hnll have the priviJage alld option of
proccyding with cansumm.:Jtion of the contract without regard to the amount of the :lpprai..;ed v3luation. The tJppraised
vahJntion i$ arriv(,.~ at to detcrmina the m:aximum mongpge the Dupartment of Housing tand Urban OOvelopment will iMUre.
HUD does not wnrrant the vDIu. or the COndition of ttK: property. BUYER ShOUld S<1tisfy himsetf/hf;fseft 1M the price ;tnd
condition of the propcny are acceptabJea It i~ agreed th:lt any item inctuded in GCction 7 is or nominal value less than $100.
D.. ADDITIONAL RNANClAL TERMS:
DAdditionaJ financiuf tetlM ~fC specified under the hfJalding -ADDITIONAL TERMS AND CONDITIONS. (Section 5)..
DAdditiooill tinanebt terms are contained in 1:1 FlNANCJNB ADDENDUM 01 sume date, ot'taC:hed h<':t01:0, sigrv!d by berth partiCG.
E. APPROXIMATE RJNDS DUE AT CLOSING: Cuh at ctosi(ag. not including ctosi~ ~.. to be paid by BUYER at cJosmg.
In GOOD FUNDS, which inclu(tP..3: cash.. electronic tnms:for funcU. certified eheck or cuhietfs check. Any nut difference
between tho approximate lJalancca..$ or the loilM shown abOve, which are to be a~umcd or ttlken subject to, AACI the ac:tu~J
b:)Jtltlces of ~oid loans at closing 01 eftcrow shall be adjuswd lnDC3Sh DOther: __
BUYER and SELLER ;Jcknowledgo receipt of copy of thi$ ODgs:.. which cormtrure~ Page 1 of 5 PQaes.
BUYER's IniTials ( )() Date SELLER's Initial=- ( )f) Date
Thi:) iorm i$ printnd ~d disuibuted ~~'~1Ot'I ~f REALTORS"', Inc. I Ada County Anociaii~EALTORse, Inc.. Th~ tonn has been r1(;$t!)ned for itKI
i:; provided only for U$8 by fC:JI ~t. prores::ion:rl$ l~etI by the idahO Rcul Esute CQtnrn~:Jion whtJ ars aJso ~bCrS' of th~ N;rtional As!:oc:iotio" of REALTORS"'.
USE BY ANY OTt-fER PERSON IS PROH.SITED. .
Copyright Id3ho Associ3tion of REALTORs-', rnc. I AdQ County ASSOciation of REALTORSGO. Inc. AU r;ght~ reserved.
R.E.21 EFFECTIVE DATE AUGUST 1, 1997
12
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BROf<ER'S COPY
S9 PURCHASE & SALES AGREEMENT RE21 PAGE 2
w
01 PROPERTY ADDRESS:
ID#=
49264
0:
,., 5. ADOmONAL TERMS AND/OR CONDmQNS:
Please see attachment
frI
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61
Wf
(.0
10
11 6. OCCUPANCY: BUYER 0 doa$ [] does not intand to occupy Dl'operty as 8UYER~S Drimary resicfCRCl!~
72 7.. ITEMS INCLUDED & EXCLUDED IN THIS SAlE: All existing fixtures and fittings thOI are mached to the property are INCLUDED IN THE
1) PURCIfASE PRICE (unless excluded bulow), and shaU be tmnsferred free of tie",. These include. but.;we not limited to, aJf attached floor coverings.
7.. 'Jttacned television antennae" sateDite dish and receiving equipment, att3ched Dlumbing.. bathroo'n and lighting fiXturG5. windOw screens, .5cnHH1 doors,
1$ storm windows, storm doors.. window COverings, garage door openertsJ and transmittHrlsJ, exterior trees, pJants or alvubbery, water heating apparatua
" ond fixtures. Httached fireplace equipment, awnings, ventilating, cooling ~nd healing sy!ttCIM. built-in and -drop-in- ranges {but excepting all other
77 r:angas.. fuca tDn~ and itrigation fixtUtaifs and equipment, all wat-.r svstetn:s. wells, springs, Wit"", water rights.ditehcs and ditch rights, if any, that are
'71 appurten:ant theretO thut are now on or u5ftd in connection with the orcrm.es and $hDIr be included in the safe unJKS otherwise provided hefcin_ ~
7t foUowing additional items are specif'acaDy:
IAJ
at A. INCLUDED IN THIS SALE:
N/A
11
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u 8. EXCLUDED IN nus SALE;
N/J\
11
II
19
lJft 8. TmE CONVEYANCE: litle of SELLER is to be comroyed bV W6l'rallty dad. u~ otherwise provided, and ;s to be marketabfe and insurable "xceot
QI far rights t85ervf!d in 'tderal patents. state or railroad duds, building or use f'oatric1ions. building and ~oning regulations and ordinances of any
0% government1it. unit, l'nd rights of way and 2aSamems ostublished or of tttc::ord. liens" liU\CUmbr~nces or defectS to be discru!lrg.d by SEllER may be g~id
" out of purchase money ill date of Closing. No lien" cftcumt)qlnces or d.fects, which are to be disc~ed or DSWRNJd by BUYER or to which title i::
.". taken subject to. exi$l unlQas otherwiso $pecifled in 'thn, Agreement~
~ 9. ATTORNEY'S FEES: If either Darty iniriate.s or dcf,=nds any ar:bttf4ltion or legol uction or proceedings, which ar. in ~nV way connected with this
~ Agreement.. the prev~iling PartY shaR.OO anritf8d to r&COvar from tno ''tO~aiJing perty reesonabl. CD$tS and ~ttomev's feos. including SUCh costs and
rn tees an ~C)poi1l.
?I 10.. EARNEST MONEY DISPUTE I INTERPlEADER: Notwifhs't:tnding anvtenniootion of this contract. BUYER and SELLER agree that in tho event
00 or any controversy regurdinc; The E31fMt~t MQ~ and thJngs of vi:Jlue held by Broker or closing ilgency, unlesli mutUal writtin in5tnJctions are received
100 by the holder of the Earnest' f\.4oney W1d things of valuv, Braker or ~ing agency shaD not be r(:quired to take any action Out may i'Wi\it any proceeding,
101 or ~t Brokyt's or closing agency':; option and sole discretion, .nMV intef1)lcad C1U patties ~nd deposit 31ly moneys or things of v31uc into a court of
J~ camDctQnt jurisdiction and shall recover caurt COSt:) and reasonobr. attorney's feelS..
IOJ 11. COVENANTS, CONOmONS AND RESTRICTIONS (C.C.& R..'S): BUYER is responsible to obtain;and reviow a copy Of 'the C.C.& R.'s (it
sOt applicable). BUYER has reviewed C.C.& R:s. Dyes ONO EaN/A
105 12.. SUBDIVISION HOMEOWNER"S ASSOCIATION: BUYER is aware that nlCntberstrip in a Home Owner's Association muV be rf!ttUired 3nd BUYER
lOt. 3gtoaS tn "bide by the Articles of (ncorporation, Bv-Laws and rules IInd reou1ations of the Association. BUYER i$ further uwer~ that the ProplUty may
IUT be subject TO #lS$C:$$tf1ent'E levied by the A"oc:iation described in fuU in t'hfl Oectnration of Cov(Jr'lantE, Conditions and R~tr'it;tions. BUYER h..~ reviewed
SO$ Homeowncr"s Associatiun DoculNJntG~ DYes DNa Q3N/A A$$Ociarion fees/du~ are $ pcr
IO'J 13. RISK OF LOSS: Prior Tn closing of this S21P., 1\11 fi.k of lo~~ !:h:lU remain with SI:LLER. In ilddition, shOuld tN; Ptt:mises be m:alcrii::llly dam~9Cd by
! rO' fire or othG:t destrUctive causp. prjor to cfosing~ this Agreement shall be voidable at the option of BUYER.
IlJ
II:
14. BUSINESS DAY: Monday 1htOugh FridaY, excluding Satutdnv and Sunday. ilnd .xcfuc1ing Mlidays as detinsd in Idllno COd~~ Secrio" 67.5302.
n1
1)1
IlS
J Ie,
117
lI,
tl9
I~
J11
BUYER and SELLER acknowledge receipt of copy of this page. which constitutes Pnglil 2 of 5 Pagi:s..
BUYER's JnitJals ( )() O~tC: SELLER's 'nitiol~ ( )( ) ,Dat~
This torm It. pnntE:d and ~$"lhutCCl bv t~. idaho ~onotREAt TORS", Inc. I Adi:ll Ccunty Associ.iion 0' REAL TORSo!'. Inc. This form rniibe:en designet:t for and
i:s "tt)Vided ontv tor use by real ~l4rl!l p!af~.:ionats kc*m:ud by the I~ho A~I E3tete Commis:;ion who Ire also mr.tT'bers 01 the Pb'tional Association of REALTORS".
USE BY ANY OTHe~ PERSON rs PROHJBJTEO.
Copyright Idid'", Association of REALTORS"'. fnc. I Adu CountY ~~ociiJtio" of REALTORSilI, Inc. All rigl\lS reserved.
R.E.21 EFFECTIVE DATE AUGUST 1, 1997
BROKEFrS -COPY
"f
l:% PURCHASE & SALES AGREEMENT RE21 PAGE 3
123
J:A PROPERTY ADDRESS: LINDER '0#:49264
llS 1!5. INSPECTION: BUYER shall h;Jv~ the riQht to conduet inspections, invactigations. ttms. WM..-ys Mtd other studies at BUYER'S vxpense. BUYER
.2t; stl3U, withfn --85- businoss d~y(s) of acr..,ptanca complete these In$pections zand give to SELLER writt8n notice at items di.appro~d of. BUYER is.
1%7 strongty advised to exercise these tights i'!Ind to m.ke BUYER's own 6c:tocrion of plOfe5~ion~Js witt. IpprOpriate Qu~(jfications to conduct losp~ctions of
I:t. the entire propP-f'tV. BUYE.R'.s: acceptance of the condition of the propcny js a co"lingency of U'is AgreemenT..
119 BUYER chooses IOtO have inspoction; Dool to have inspection. tf BlInR choOses not to have inspection skip litlCS 1 30 to 143.
130 SATlSFAcnONIAEMOVAL OF INSPECTION CONTINGENCIES:
1 . If BUYER ~ nat within the strict time period specified give to SELLeR \Nri'tton notice 01 items dis.apptovlfd of, BUY&R sNII conclusively bt:: de.med
I~' to have: (a) completed allnspw:tions, invcstig~rit)f\$, i~view of applie.ble documents and disdoSt6e$: (b) elected to ptocaed with lha transaction and
1l~ (el assumed :aU liability. respormbirrty and (;XPl!~ for tCpiilira Dr C;Ori'octions other than tor iteM$ which SElLER has othetwise agreed in writing to rcpilir
J~ or con-ee!.
1:t~ 2. If BUYER does within me strict time p(:riod specified give to Seu..eR \Nrithn notice of items disawovact of, BUYER shall provide to SEUER pertinent
11ft aection(st of written Inspection repOrts. SELLER shan hav., -1.0 busin.ss ~YCsJ in which to rcspond in writing.
1~7 3J' SELLER does not.resoond within the ~ttict limit period spvcifieCi,-SUYER.haM h3ve 10 businou dayls) Ialner receipt 01 SElLER's respotlSll.
I~ or aftu the expiration of tho time tor SELLER 10 resDOnd. whiChe~..r OCCW$ first) to cancel this Agfectnent in writiog.
1~ 4. If BUYER does not give such written notice of caneell8tiOtl within 1'he strict time periods .cified, BUYER shall CO~vely be decnWd to have elCCt~
140 to proceed with the tr'3nsaction without repairs or correction3 oth., than for items which SELLER has otherwise 3gl'ecd in writing to repair or correct.
1..1 SELlER shaU make the property av~ilable (or uJllnspeetions. BUYER wlt keep the ptOoerrv free and dear 01 liens: indemnjfy and hold SElLER harmless
142 from 3U litlbility. claims. demands, damooc~ ilnd costs; and rap:atr 81"tY d3m:.ges arising from th.'n$Dections. No Inspecdans may bo made by aI\Y
J.l governmontal building or zorWng inspector or govemment empIoyN without thtt pnor eonsont of SELLER. unIeu required by kN:aIlaw..
1"4 16. SELlER.S PROPERTY DISCLOSURE FORM= If reQUired by rrtte 55, Chopter 25 Idaho Code SELLER thaJl within leal (10) day~ After exucution
1.4j of ttli.$ Agreement provide 1'0 BUYER .SELLER.!.: Property Oi5dosure Form" ot other acccpt3ble form. BUYER haA recoiwd the "SEllER's Property
1'6 Disctosur. Form" or otnCt" acceptable form ptiot to signing this Agnu.ment: DYes DNo fQN/A
14'1 17 · LEAD PAINT DISCLOS~_RE: The subject praperty Dis Dhi not defined 0:= .or.rget Housing'" regarding fead.b:1Hd p;Jint or 1e~d.bllsed paint
I'" hftlerds. If yes. BUYER hereby >>eknawll!Cfges the fOllowing: ( a ) BUYEA has' been pt'ovided an EPA 3pptQvad Jud..b3SGd paint hazard information
loW pamphlet. (b. Receipt nf S"II~$ OiwctOSl6e of 'nforn-wtion ilnd Acknowlodgment Form and hove bHn Dtovicled with aU recOtCf$, teu l'eporU: or other
ISO intormation. if any, related to the prvsanctt of lead.b;s&a paint hazards on said property. t c ) That thiR contract is contingent upon my right to have
151 the proJ)O(ty tested far lead~bas&d p8int haz:an:f~ to bo completed no later than or the contingency will tcnnirnn.. (d J Th3t
In BUYER hereby OWaives Ddoes not waive this right. ( e ) That. if tat resufts show unaccePtable amouma at I8ac:H>ascd paint on the oremis$s. BUYER
15) has The fight to C~I the contract subject to the option of the SElLER (to be given in writing) to elect to rumov. 'the Jead.based pain1 3nd correct the
1504 problem which must be accompflShed bcfon~ Closing. (f) That . if the contract is cenuled UMH this dau$ll. BUYER"S e3mOSt money deDOsit will be
I>> retume<l to BUYER.
tSCi 18.. FINAL VERlRCATlON OF CONDmON: BUYER ~h311 have the right to make (J final Inspection of tho ptoparty aoproximntelv N/A day(s)
I~ priot to close of escrow, not iUi oil contingency of thO ~te. but solelv to conrettn thet (al repairs ha~ b.en cOmpleted Ot; ~g"Rd In writing by BUYER
I~ and SElleR. (bJ SELLER has complied wi~h SELLER's other obligatiOn!. and (c) the property is otherwiwe in substantially tho liilme condition as on the
I~ data at acceptance of the 01for, unless crtherwise l3grccd in writing.
1M 19. lTTLE INSURANCE:
( A ) TITLE COMMITMENT: Prior to closing the tr"nsaction. IiISELJ.ER or DBUYER aihaU furnish to BUYER a com",ftn\'!tnt of i) titJe
insunmc~ pOftCy Showing the condition of the titJa 10 said premises. BUYER shall heve lO- buR1HS day(s) from rc:G8ipl of the commitment
or not Jess then tw~nlV..four .24J hours prior to clu5ing, within which to object in writino to me condition of the title as Ht forth in the
commitment. If BUYER does not so object, BUYER lih.n be deemed to hWe accepted the conditions at U\e title. It i:s ilgf'eed that if the tide
at said premises is not mlll'ketabte. or caMOt be made so within ~ buciness davts) ofter notice cont.;"ing 3 written srn8mt1n{ of defect
is d.livered to SELLER. BUYER.s Earnest MOllC1y deposit will be rCWffleeJ to BUYER and SELLER shall Day for the cost of title insurance
canceJr.tion fee. escrow and leg.' fees, if any.
( B J STANDARD COVERAGE OWNER-S POUCY: SELLeR sholl within a reasonable time otter closing furnish 1.0 BUYER a title in5\~oce
DOJiev in thu amount of the Durehasc: price of the premises showing mar1c.-rable and insurable title subject \0 th. liens. encumbrAnce.!: n....d
defectS elsewhere :iat out in'this Agreement to be discharged or MSIJIlltd by BUYER. The risk assumed by the title c.omplIftY In the standard
oovenage lender' a poGcy is limited to manors of pubic rKMd.
( C ) exTENDED COVERAGE LENDER'S POUCY (Mortgage policy.: The lander wit reQ~o Ulid BUYER UJorrowcd furotm .n Extended
Coverage L"ndlll"s PoItcy. Tlli= 6Xwnded coverage lender's policy consider$ matters o' public racord and 8ddition~ly insuflIs agllnS;t eMtsin
l'1\3tters ''lOt shown in the public record. This e.xtM'tCIed COyorogo I.....'.. policy Is solely for ths benefit of the Iettdc:r and only protects dNt
lender.
( 0 ) EXTENDED COVERAGE OWNER"S POUCY: A standiVd title poicv does not CO~ a..,uUn potential problems or risks $Uch as lJens
(i.@. a It!gaJ cl3im :Jg3inst pttifmises tor payment of.some debt or obfigarton, boundary diSQut8!. clJIims of e~..l1'lent ~ncJ other rrwters of claims
it they are not of public I'OGOI'd at: time of closing.) However. under Idaho I~w, such potential claims agaln.$t tno prcmives 'nay have become
legal obftgations before the purdN1sa at the hOme and vot mUV not be at JXJbtic. record tJ()til utter the purctuL<e~ It is rccomr.Jtjlndad that BUYER
tatk to a titte company OOOut what it offers in the w:ay of extended a)V~ title pOlicies and cndorcemems. lbis extonded coverege owner.s
policy is for the bonofit of the owner.nd pravkles $imiIcw COVttr'Bge like provided by the cnonded coverage 1.......'$ poJky.
Extended Coventge Owner's Policy twquestad CIYas DNo. Additional premium paid by: OBUYER OSELLER.
( E) The parties agree th;)t l1m,::.r; (""~n T ;lnn rltfa Company sh:all provide title polir,v and pteJimiMty tCpOrt
of commitmem.
BUYER 21M SELLER adcnowfodgc receipt of copy of this page, which connttutas Page 3 of 5 P~.
BUVEA's 'nitials ( H) Date SEllER.s Initials ( )(). Oatv
l1\~ fOfm i:; printed _nd diatributld bY;;;;Ad;. ~~tion of REALTORS". Inc. Illbho A.$:i~EA~ inC:-n.i$ '",m hU beon designed for and
i::: lIrcrvidod onfv for ~o bv rOil 6SUt6 IPUresRc.*a (j~ed bv the Idaho Ae" !sue. COm~ who.re "ISo memo., or me NattOlUlI ~l)Qwtion of REALTORS".
USE BY ANY OTHER PERSON IS PROHIBITED.
I~ Copytight Iduho Aasaciation of REALTORS", I.,c. J Ad.. County Auoci~ion of REAl TORS~. loe.. AU rights reserved.
l~1 R.E.21 EFFECTIVE DATE AUGUST 1, laS7
1:11
1'1
1M
11.3
1M
I"~
166
tal
161
I~
170
171
In
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17~
116
177
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119
BROKEFrS COPY
\~J ......<-,,"",.
(
192 PURCHASE & SALES AGREEMENT RE21 PAGE 4
,,)
11M PROPERTY ADDRESS:
T.i nn~r
ID#: 4926<1
1~
I~ 20. CO~S PAID BY: CostS in a~ition to thO~ listed below may be: incurred by BUVER and SElLER unlcn otherwise agre6d herein, or provided bV
197 law or required bV lender, or ~ stated hotlltltl. The below costs will be paid as ;ncJjc&f~.. Some costs are subject to loan progrcm requirom&Rts.
I'll SELLER agrel!s to pay a r:nnXlmum of $ N /:a lendet/~pprai$Qf rRQuif~ repair COlts..
199
BUYEft Sk.Llfft Sl\:Irt ., Not 8UVEA sa.t.fA SftWed NcrI
EQUaMy ~ ~ Af:IlftI&C~
Aoot'~ FM .,.,. Mi. s~., ~JtVC own.tr'!:
X PaNcy X
~ &:crow ~ Ti... Jns. ~ Cov~ L~~
X ~ y
AtlOl'nftY Co..LtwcllOoctlfl'\fnl TI1I. 11"4, &tcndoCl ~ av.n.r-s
~ p..roo:.r X Jlaky X
lo.an 0 0CUfftft"t Pf'tOwtatioll V' SttliCJ ~ X
Rof)(I Ctflific:lr,Oft Pot. y $cIp~ p~ v
..
Rood T'~ Fao X Survuv V
LD*' AUsI'ftf)UM fee X w. IntOKtion X
Tax Stflllice HG X ~~Fc:c X
Lona Term Escrow x ~:;~1 ~q~__y~i~~ion X
... -~
:!OJ
20l
202
~J
204
20~
~
207
2.01
m
110
111
:zu 21. COUNTERPARTS: This Ao(c~ment may b6 vxecuted in ana or more counterparts. each of which Is d6Ct'ned to be on original hereof, i1nd aU of
:1' which shall togQther constitute aM IInd the same instrUment.
21" 22. ENTIRe ~GREEMENT: This Agreement COnQln5 the entire Agreement of the parties respecting the matters herein set forth t'nd $Up8rsede5 aU
zu prior AgreemKnts between the parties rospccting suen m:lUCI'S. No warranties. including. without limitation. any w3ITantv of habitability. agr..nMnts
:J4 or representations not f!xpres$fy set forth hotCiJin shall be binding upon either party.
ZI7 23. FACSIMiLE TRANSMISSION: Facsimile transmission of any 5igned OtigiruaA doOJment, and re1I"3nsmission of any si(lncd facsimile transmission
111 Wll bo thu ai&me as deliWtv o~ an original. At the request of ~ patty or tha Closing AgenCV. m. p$lties will confirm f.scsimil. narwnittcd signatUres
2J9 by signing IU1 original document.
uu
221 24. DEFAULT: If BUYFR default. ill the performance of thAi Agreement, SELLER f"Ia$ tflC opuon of: (l J ocC'=pting the Eat~ Money as liQuidatlld
""'" ~l3!JC.S or t2) I'RII'$lIing 41fty other 13wful tight or remedy to which SELlER fn.y be entitled, lr SELLER eleCts to proceed under tl)" SelLER ~hall make
~ demand upon the hokict of the &rnest Monoy, upon which dcmMd ~id hoIck:t :shall pay from the Earnest MOIKlV tM costS incurred by SELLER'. BrOkM
221 on beholC of SELLER and BUYER refated to tn. transaction, including, without limi'l'ation, tOO cost!t of title insw-ance, escrow fees. credit report fees,
ns insf)ection f.u and 3ttorney's f..s: and s:.id holder stlall OOy any balance of the Eamest MonDY. one-h81f to SEL.U:R end or,c.h.lf to SElLERls Broker.
zzo provided that th.. "mount to be J)aid to SELLER's Broker shall not exceed the Broker's agreed-to commission. SElLER and BUYER specificalty
211 acknowkxJge and agree that if SElLER elcCts to accept the E;unut Money as liquidated damagtils. such shall be SeLLER~s sote and exclusive rc:mudy.
m ;m(f such shall not be considered. pen3lty or fodatur&. If SELLER eleCtS to Pt'Occcd under (2), the hokfer of the wn.st Money ~t be entit&ed to pav
m the costS incurred 'by SElLER~$ Brokar on behalf 0' SELLER 3M BUYER related to the uanslliction. including, without fimltcrtion, thQ costS of broke~
2..\0 fee, title insurance. escrow fCtitl. credit report fc;:cli. inspection fc~ and attorney'=, fees.. with anv balance of 'the Earnest Money to be held pending
131 resolution of the matter.
m If Se..LER defaults. having QDPtoved said ulc unci tails. to CONournmate the .erno 811' het'ein egrccd. BUYER's E:une~t Money deposit $hall be returned
Z)) to him/her and S~LLER $hall poy for 1M costs of title insurence, escrow tees, ctcdit roport ff!es, il\$pection fees, brokerage fees 300 attorney'$, feu:.
~"" if any. This sholl not ba considCl'~ 11$ a w~iVf!l' by BUYER of any othct lawful right Of remedy to which BUYER m~v be cmitlad.
v, 25. SALES PRICE JNFORMAnON: The pOrtic3 to this Agreement acknowlMfge thai sales price inforlrliltion compiled ~~ a result of this Agreement
'2Jo mAY be provided to the County Asses~'S Offics by either party or by either pany's erolcer.
237 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT.
2).
::tv 27. CLOSING: On or before the closing ~U1. BUYER ~ S8J.ER $han dope.it with the ctO$inrJ agency all fund$ and instrumftnts ncceSAI'V to complete
:An lhi:s fran..qction. TItre dosing date shiilll be "0 later than __ ~PJ:r"'?O 1999
:.&1 1lw p>>rties agree: that the "closing agvncy'" for "ttlis transaction sh31l ba r lltWilrican Land
'l~l If a long-term escrow I COlleCtion is involved, then the long-term escrow holder shall be ~e-:r:iC'an l.and '~_H_
~'l 28. POSSESSION: BUYER shall bo entitled to posseuion txlupon closing or Ddate timu. .Closing" m8i1ns the d~c
:C4 on which all documcnLS are either recorded at accepted by an ".crow aRMt and the s~le proceeds ..r. AvaU3bte to SELLER. Proocrtv tax.s and watCf'
::4, a...~ssmcntS juaing the l3:Sl ,avwilabSe ass&s..sment a, a basis), rents, i'ltc::rest and reserves. 'iens. encu:mbrQnC4S or obligations assumed end utllitit;$ shaJl
2"~ be pr()-f':.(<.:d us of ~~osing . BUYER shall pay fot fuel in tank, ;Jmoum to be d.,.""ined by the supplier &t SELLER's expen!;e.
::-1
2". BUYER and SeLLER "cknowl6dga receiPt t)t copy of this page, which constitutes Page 4 at !5 Pages.
2~' BUYER.~ 'niti3ls ( H) O~tt SELlER's Initials ( H) O~tC
~G This form i:; printed and distributttd t)~hO~io" of REALTORS~. Jnr:./ Ado CourrtV ~on of REALTCiRS". Inc. This form has QUI' da:rigncd for and
1.~1 is p(~vidad onIv tor us. bV r(W( estate orof.Ss60naM lieon:ed oy the ICbIho Rn.,a ~. Comf'l"nSSiOn who 310 "Iao mt-tnthW. of ehe N;rtinnal AuoCi.tian of R&AL TORS*.
252 use BY ANY OTHER PERSON 15 PROHIBITED.
:~, Copyright Idaho Association of REALTORse.. Inl;:. I Ada CountY Association of REAlTORSt'. Inc. All rights re.erved.
1.~ R.E.21 EFFECTTV! DATE AUGUST 1, 1997
SJ=i()<ER'S COpy
'~I c:rnelO1.lQ ~. tU.OlIlV ~, ~"1.If)"
(
255 PURCHASE & SALES AGREEMENT RE21 PAGE 5
251 PROPERTY ADDRESS:
1St
%$,
T,innpy
ID#: .49264
2~
29. SPECIAL CONSIDERA noNS AND CO NnNGENCIES : This Agr.ement is made subiect to 'the fOllowing special considerations andlor
260 contingencies which must be satisfied prior to closing: .
:!61
2IS2
261
u.. 30. REPRESENTATION CONFlRMAnON:
~)
1~ In this transaction, the btOkerage(s) involved had the following relc:stionshiD(S) with the BUYER ('agent" or 'nonagent' or 'Iimit~ dual agGnt.):
~7
~
26'
:1n
111
m In this transaction, the brokeragc(s) involved has the following rehnionshipfs) wi~ the SElLER ('sgent' or 'nonagent' or 'limited dual ngenT'):
:7J
%701
l1S
%11)
m
l.Dlt
LDA
for the BUYER.
Listing broker acted as afnJ
S.Uing brokliJf' acted ~s a(n)
tor the BUYER.
LDA
LDA
for the SELLER.
Usting broker acted 0::; a(nt
Selling broker acted os ain)
for trlH SEl.LER.
%1R E~ch party signing 'this document conftf'ms 'that he or she has r.:tceived, rend ;and understood the Agency Disclosure Brochure and ha~ olected the
:1') (dationship confirmed above.. In addition, each DartY confirms that the broker's ag.ncy offieo policy WU$ made availbble for inspection and reviow~ EACH
:.ao PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUS'rOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN
111 AGREEMENT FOR AGENCY REPRESENTATION.
'In 31.. ACCEPTANCE: BUYER.s offer is made subject fa the acceptance of sE1.iER Oil Of tmare ,Date) and (Timo)
~ If SelLER does not accept this Agreement within the time spOlcitiad. the entire Earnest Money allall be ~ to BUYER on dumOlnd.
~4
w 32. BUYER'S SIGNATURES: UWe further acknOwledge receipt of a tfUtt copy of this A9'"mcnt..
2a6 OSEe ATTACHED BUYER'S ADOENOUMtSS: _ tSpecify number of BUYER addendum($) Ht1.c:hect)
~7
2U BUYER Signature
1"
190 BUYER (Print NamQt
2'Jt Date Time
m
m AddrU$
~
m City
BUYER Signature
Phone'
BUYER (Print Name}
Date Time
Phone #.
Address
Zip
City
State
Zip
State
19(,
%97 33. sELLER'S SIGNATURES:
291 On U1is date. I/We hereby approve :;,nd aCClCpt the transaction &aT fcmh in the above A9rcom>ent and agree TO carry out all the terms th~ot on lhe part
~ of the SELlER. IIW. fuf'the( acknowledge ,Qciept of a true copy of this Agt0"ment signed by bath patti~..
OSIGNATtJREfS) SUBJECT TO COUNTER OFFER OSEE ATTACHED SELlER ADDENDUM
OSEE ATTACHED SELlERS RIGHT TO CONTINUE TO MARKET PREMISES OSEE ATTACHED COUNTER OFFERtSJ
]00
:101
}OJ
)0) SELLER Sign3tufe
'U)o&
JuS SELLER (Print Name.
300 Date r.mc
J01
JOB Address
:1M
310 City
111
SEUER Signature
Phone II
SELLER (Print N3IYHJ)
Date
Tlme
Phone #
Adctress
State
Zip
City
Stotc__ Zie
'11 34. BUYERlPS ACKNOWLEDGMENT OF RECEIPT OF ANAL COpy BEARING ALL SIGNATURES:
)I) A true copy of the torenoing AQI'etlment, signed by the SEllER and containing the full tlnd complete description of the premisas. is ha.Rbv rccoivlld on
)J4 This day of . 19
HS
316 BUYER:
J)1
BUYER: ___.,.
'lit BUYER and SEllER acknowledge receipt of copy of this p~ge, which constitutes Page 5 of 5 Pages.
'19 Thj" fonn is printed and cli:mibcncd by the IrJahO A:o::oc:~"1tion of REALTORS"'. Inc. I Ada CO.....LV AA:loc;iDtion at fleALTORS.. Inc. This rorm h:!r.: bonn tlni!Jneo 'Of ~nd
no t. providod onlv fa. UI:IlllV II.~I.&Ute proIM.~iOnbb .censed bv the Icbho 11....1 Est.t. Com,"",-':ion who el. - _bOtW of th6 N.,"""" A:J:>ociotion Of "~LTORS..
31.1 USE BY ANY OTHER PERSON IS PROHI8ITED.
l~ Copyright IdQ/lo Associlltion of REALTORS"', Inc. I Ada CoUntY Association of REALTORS". Inc.-AU rights reserved.
)23 R.E.21 EfFECTIVE DATE AUGUST 1. 19.97
BROKeR'S COFY
ATfACHMENT TO REAL ESTATE PURCHASE AND SALES AGREEMENT
AND RECEIPT FOR EARNEST MONEY
The following conditions are incorporated in the above referenced agreement
and are to be considered a part thereof as if they appear in the appropriate referenced
sections of the agreement as set forth herein:
Section 3 Total Purchase Price: For the Parcel that is 37 acres more or less the
sum ofTen Thousand and no/lOa dollars {$lO,OOO.OO} per acre and for the parcel
that is 30 acres more or less the City offers an exclusive option to purchase said parcel
within five (5) years of the date of closing at the purchase price of Ten Thousand and
no/lOa dollars {$IO,OOO.OO} per acre for said parcel with the sum ofTen Thousand
and no/l 00 dollars {$lO,OOO.OO} as consideration for the exclusive option which
shall not be refundable but shall be applied against the purchase price if the option is
exercised by the City. This offer shall not preclude the seller from donating any
portion of said 30 acre parcel at any time during the exclusive option period which
may accelerate the City's exercise of the option to purchase the 30 acre parcel and
the City will agree that this offer shall not be considered as binding upon either party
as to the valuation of any portion of said parcel so donated.
Section 5. Additional Terms and/or conditions: This offer is contingent upon
the City's determination that the subject real property:
1 ) is suitable for and does not present conditions that present extraordinary
additional costs of development for uses as a recreational parle which
may include public buildings and/or for other municipal uses including
municipal recreational uses in conjunction with public educational uses;
and
2) does not have conditions which subject or are lil(ely to subject its owner
and/or possessor to federal or state environmental regulatory or legal
enforcement action/s whether civil or criminal requiring some ldnd of
clean up and/or restriction of the use and/or development of the real
property or require the payment of a fine; and
3) the parties can, prior to closing, come to agreement on the location of
needed appropriate easement/s for roads, utilities and/or irrigation
needed to serve the 30 acre parcel in the event the City does not
exercise its option on the 30 acre parcel the location/s of which do not
interfere with the City's intended use and development of the 37 acre
parcel.
Attachment to Real Estate Purchase and Sales Agreement
and Receipt for Earnest Money - 1
(
MERIDIAN CITY COUNCIL MEETING:
MARCH 16, 1999
APPLICANT: DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 23B 1
REQUEST: GARY SMITH - ACCOUNT TRANSFER REQUEST
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED LETTER
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CfTY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
NAMPA MERIDIAN IRRIGATION:
IV
~f
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN
MERIDIAN WATER DEPT.
MERIDIAN
2235 N.W. 8TH STREET
MERIDIAN, IDAHO 83642
(208) 888-5242 · FAX: 884-1159
March 8, 1999
RECEIVED
MAR - 8 1999
CITY OF MERIDIAN
Honorable Mayor Robert D. Corrie &
Meridian City Council
RE: Request for Fund Transfer and New Hire
Gentlemen,
The Water Department will shortly experience some personnel difficulties, which must be
addressed. First, our Water Connection and Service Coordinator, Candy Hash, will undergo
major surgery sometime in the summer of 1999 and is expected to be out for 4-6 weeks. Second,
Tami Shaul, Meter Reader, is pregnant and will not be physically capable of perfonning her
position beyond August or September. Two to three months will be required to train a person to
fill in for Candy and Tami. The training needs to happen prior to either lady's absence.
What I propose is to hire a new full-time person and place them into the Water Laborer position.
This person would then be cross-trained to fill in for Candy and Tami. When not filling in, the
person would work in the Laborer position. Currently, there is enough work to support hiring
another Water Laborer.
To support this, I request $14,000 be transferred from the Administrative Wages account to the
Staff Wages account. The money is available in the Administrative Wages account because
extra money was allotted for a Water Superintendent if one were needed.
Thank you for your consideration.
Public Works Supt.
(
MERIDIAN CITY COUNCIL MEETING:
MARCH 16, 1999
APPLICANT: DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 23C2
REQUEST: TOM KUNTZ - CHANGE ORDER FOR lUll Y PARK
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
NAMPA MERIDIAN IRRIGATION:
()lAfb
~ . ~ 1 ~
{Ov S
[hff (fVJJfV
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
interoffice
MEMORANDUM
to: T om Kuntz
CC: File
from: Brad R& W atso~ PE
re: Tully Park Improvements - Change Orders #7 & #8
date: March 11, 1999
Attached are the two change orders I am recommending be brought to Council at their 3/16/99
meeting for approval. CO #8 is the final closeout change order showing the final contract price
with Boise Paving.
I also recommend that in your request to Council for approval that you ask that their motion, if
they approve, be contingent upon Boise Paving signing the change orders & I have not yet
received it back from them.
Thank: you. Please call if you have any qUestions/~
from the desk of...
Brad R. Watson, P .E.
Asst. City Engineer
City of Meridian
200 E. Carlton, Ste. 100
Meridian, Idaho 83642
c:\msoffice\templates\fetters & faxes\memo2.dot
(208) 887-2211
Fax: (208) 887-1297
,--- 1\- _
· [Q) [R1 ~ iF if ~\ . .Vi~ ~O-\se p~,~~ ~~{a\Jo( ~uJ'3/"/'t1
CONTRACT CHANGE ORDER
DATE: ORDER NO.: 7 (Sch 6~ Final Qty.
Adiustments)
CONTRACT FOR:
Tully Park Improvements
OWNER:
CITY OF MERIDIAN, IDAHO
TO: BOISE PAVING & ASPHALT COMPANY, INC.
(Contractor)
You are hereby requested to comply with the following changes from the contract
lans and s ecifications:
Description of Changes In
This Change Order
list sa aratal
1. Bid Item 604.07.038, 4" PVC Conduit:
Delete 490 If $9.50/lf
2. Bid Item 811.02.03, 2 1/2" Th. Asphalt
Surface: Add 33 Ton $23.50rron
3. Bid Item SP-PL-2, Painted Pavement
Markin s: Add 185 sf $0.40/sf
INCREASE
in Contract
Price
DECREASE
in Contract
Price
$4,655.00
$775.50
$74.00
4.
5.
6.
Sum of Increase and Decrease:
Net Chan e in Contract Price:
$849.50 $4,665.00
$3,805.50
JUSTIFICATION (attach supplemental documents): 1) Islands in parking lot were
deleted. As a result, sprinkler line conduit between islands was not needed. 2)
Materi~1 over run to make up for area originally planned as islands. 3) Same as #2.
CHANGE IN CONTRACT PRICE:
Original Contract Price: $634,747.72
Previous Change Orders No. --1- to No. ~ : ($9,269.87)
Contract Price prior to this Change Order: $625,477.85
Net (Increase/Decrease) of this Change Order: ($3,805.50)
Contract Price with all approved Change Orders: $621]672.35
, l. rj)\ ill) 0. f2 C]? Aw4L ,ny &r se ,/J(U.J "if a.;;ra ri{.# gttJ
t!:V lIl1 H lJ U (j a/II/11
CONTRACT CHANGE ORDER
DA TE:
CONTRACT FOR:
ORDER NO.: 8 Final Adjustments,
Additions, Deductions
Tully Park Improvements
OWNER:
CITY OF MERIDIAN, IDAHO
TO: BOISE PAVING & ASPHALT COMPANY, INC.
(Contractor)
You are hereby requested to comply with the following changes from the contract
lans and s ecifications:
Description of Changes In
This Change Order
list sa aratal
1. Bid Item SP-MC-5, Maint. Road Gate:
Delete 1 ea $725.00/ea
2. Bid Item SP-MC-6, Trash Dumpster
Pad/Enclosure: Delete 1 ea @
$4,OOO~OO ea
3. Bid Item 906~03.01, Grass Seeding:
Delete De87 ae $2,128~94/ac
4. Bid Item SP-SW-4, Mtn. During Lawn
Establishment: DeleteO.87 Is @
$1 ,656~OO/ls
5. Bid Item SP-LR-8, Lavvn Sod
Restoration: Delete 1 00 s $3~ OOls
6. Bid Item 811 ~02~03, 3" Hot Mix Asphalt:
Add 8 ton $24.00Iton
7. Change to NW 13 Street Curb, Gutter
& Ora Inlet: 1 Is $400.00/18
8. Deduction: Pump rental during irrigation
manlilole flood
9. Deduction: Repair to dugout slabs and
mow strip damaged during sprinkler
installation; aid b Cit
10. Trucking costs for rock removal
11. Disking of site; 1/2 of total cost
Sum of Increase and Decrease:
Net Chan e in Contract Price:
INCREASE
in Contract
Price
DECREASE
in Contract
Price
$725.00
$4,000.00
$1,852.18
$1 ,440.72
$300.00
$192.00
$400.00
$183.59
$250.00
$202.50
$1,000.00
$1 ,592.00 $8,953.99
$7,361.99
JUSTIFICATION (attach supplemental documents): See attached Exhibit itA" for summary
of all items listed above.
(
Exhibit A
Page 1 of 2
EXHIBIT HAil
Itemized Change Order Justification
1. Bid Item SP-MC-5, Maint. Road Gate: Delete 1 ea @ $725.00/ea
Deleted and separately contracted by Parks Department
2. Bid Item SP-MC-6, Trash Dumpster Pad/Enclosure: Delete 1 ea @ $4,000.00 ea
Deleted early in the project to provide funds for constructing pressure irrigation pump
stationk
3. Bid Item 906.03.01, Grass Seeding: Delete $1 ,852.18 (0.87 ac @ $2, 128.94/ac)
This amount of twelve total acres in contract held because fertilizer was not applied but all
seeding was done. This amount will be contracted directly by City with landscape
subcontractor after closeout of Boise Paving contract
4. Bid Item SP-SW-4, Mtn. During Lawn Establishment: Delete $1,440.72 (0.87 Is @
$1,656.00Ils)
The majority of this item was not completed during the contract This amount will be
contracted directly by City with landscape subcontractor after closeout of Boise Paving
contract.
5. Bid Item SP-LR-8, Lawn Sod Restoration: Delete 100 sy @ $3.00/sy
This item was not required during the Linder Road part of the project because
landscaping was done instead.
6. Bid Item 811.02.03, 311 Hot Mix Asphalt: Add 8 ton @ $24.00Iton
Overage in asphalt amount on Linder Road widening.
7. Change to NW 13th Street Curb, Gutter & Drop Inlet: 1 Is @ $400.00/15
Afla County Highway District required changes to approved plans for finishing off NW 1:fh
Street in Meridian Park Subdivision NO.1. This included shortening extent of paving but
removing existing drop inlet and re..grading street. This part of the originally bid project
was required by ACHD because it was obvious there would never be a bridge required at
this location.
8. Deduction: Pump rental during irrigation manhole flood, $183.59.
Parks Department was required to rent pumps and blades to divert irrigation water
overflow from damaged Settlers Irrigation District manhole in center of park. City
contacted Boise Paving to address the problem prior to renting equipment but proceeded
with protecting the improvements when no response was given.
(
(-
Exhibit A
Page 2 of 2
9. Deduction: Repair to dugout slabs and mow strip damaged during sprinkler installation; paid
by City, $250.00.
City hired outside contractor to repair concrete dugout slabs and mow strip damaged by
Boise Paving's subcontractor(s). This was done upon verbal approval from Boise Paving.
10. Trucking costs for rock removal, $202.50.
City hired outside trucking contractor to haul rocks off site generated by rock raking
operation of Boise Paving subcontractor(s).
11. Disking of site; 1/2 of total cost, $1,000.
Cost of weed removal in spring of 1998. Total cost was $2,000.00. Negotiated between
Boise Paving and Parks Department.
/-
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FOR A DRIVE- )
THRU KIOSK IN THE PARKING LOT OF )
INTERMOUNTAIN OUTDOOR SPORTS )
)
}
)
)
)
)
(CUP-98-104)
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
BRUCE A. BENOIT, dba BARISTAS
ESPRESSO,
Applicant,
This matter coming before the City Council on the 2nd of March, 1999, for final
action on conditional use permit application and the Council having received and
approving the recommendation of the Planning and Zoning Commission the Council
takes the following action:
1. That Gerry Sweet, owner of the property is granted a conditional us.e
permit for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation of a
steel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru kiosk for the
purpose of selling specialty coffee products and pre-packaged food items as described
in the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn
By: T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated:
December 1998, for the development of the aforementioned project located at 1375 E.
Fairview, Meridian, Idaho.
2. This permit is subject to the following terms and conditions:
2.1 Submit to the Building Department a larger scale of the plumbing plan.
2.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
BRUCE A BENOIT dba BARIST AS ESPRESSO -
2.3 The use shall not adversely im.pact surrounding properties due to traffic
and other activities.
2.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
2.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant.
2.6 That all prohibited and non-compliant signs currently on the site be
removed before the issuance of any certificate of compliance and prior to
any occupancy of the facility.
3. This order shall be automatically amended for the description of said
parcel at such time as the approval and recording of the final plat of Seabury
Subdivision.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of S 11-2-418 J of the Municipal Code of the City
of Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on the 2nd of March,
1999.
r--
T D. CORRIE
or, City of Meridian
By: ~
City Clerk
Dated:
J~!6-1CJ
...
-
....
,...
msg/Z:\ Work\M\Meridian 15360M\benoit cu p\Order. wpd
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
BRUCE A BENOIT dba BARISTAS ESPRESSO -
RECEIVED
MAR 1 6 1999
CITY OF MERIDIAN
2
BEFORE THE MERIDIAN CITY COUNCIL
Applicant.
(CUP-98-104)
) FINDINGS OF FACT
) CONCLUSIONS OF LAW
) AND DECISION AND ORDER
) GRANTING CONDITIONAL USE
) PERMIT SUBJECT TO CONDITIONS
)
)
)
)
)
IN THE MATTER OF THE REQUEST FOR
CONDITIONAL' USE PERMIT FOR A DRIVE-
THRU KIOSK IN THE PARKING LOT OF
INTERMOUNTAIN OUTDOOR SPORTS
BRUCE A. BENOIT dba
BARIST AS ESPRESSO,
This matter coming on regularly for public hearing before the City Council on the 2nd
day of March, 1999, at the hour of 7:30 o'clock p.m., and testimony having been received
from the Planning and Zoning Administrator, Shari Stiles, and the Public Works Director,
Gary Smith, and the Applicant, Bruce Benoit, appeared and testified in favor of the request,
and no one else having appeared and testified in opposition to the request, and the City
Council having received the staff report and the record made before the Planning and Zoning
Commission, and being fully advised in the premises, the Council finds and concludes as
follows:
FINDINGS OF FACT
1. A notice of public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for March 2, 1999,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 1
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 the copies of
all notices were made available to newspaper, radio and television stations as public
service announcements; and the matter having been duly considered by the City Council
at the March 2, 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 SS67 -6509 and 67-6512; and SS 11-2-416E and 11-2-418E as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting
filed with the staff report.
3. The property is the Intermountain Outdoor Sports Center located at 1375 E.
Fairview Ave., Meridian, Idaho.
4. Owner of record of the subject property is Gerry Sweet of 1375 E. Fairview
Ave., Meridian, Idaho.
5. The Applicant is Bruce A. Benoit dba Baristas Espresso of 802 Bacon
Drive, Boise, Idaho.
6. The subject property is currently zoned (C-G), General Retail and Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 2
,-
i
i
Commercial. The zoning of the General Retail and Service Commercial (C-G) is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(8)(11).
7. The proposed application requests a conditional use permit for the
installation of a steel-constructed, factory-built, 8' x 8' (64 sq. ft.) self-contained, drive-thru
kiosk for the purpose of selling specialty coffee products and pre-packaged food items.
The C-G zoning designation within the City of Meridian Zoning and Development
Ordinance requires that a conditional use permit be obtained for most uses including
those requested by the applicant. (Meridian City Zoning and Development Ord., Section
11-2-409)
8. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City policy.
9. Conditional Use applications for land in commercial districts shall only be
required to have one public hearing which shall be held before the Planning and Zoning
Commission and after the recommendation of the Commission is made the application
shall go before the City Council without a public hearing and the Council may approve,
deny, or modify the recommendation of the Commission. (Meridian City Zoning and
Development Ord., Section 11-2-418(E))
10. That the following conditions will minimize adverse impact upon other
development in the area and assure that the development is maintained properly:
10.1 Submit to the Building Department a larger scale of the plumbing plan.
10.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 3
10.3 The use shall not adversely impact surrounding properties due to traffic and
other activities.
10.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
10.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant.
10.6 That all prohibited and non-compliant signs currently on the site be removed
before the issuance of any certificate of compliance and prior to any
occupancy of the facility.
11. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
12. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
13. The use proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
14. This application is subject to the conditions hereinafter provided for which
are herein incorporated by reference as a Finding of Fact which is in compliance with the
Comprehensive Plan, because the design, construction, operation and maintenance will
be harmonious and appropriate in appearance with the existing and intended character of
the general vicinity and the requested conditional use will not change the essential
character of the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 4
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to requisite
hearing and notice provisions, provide for the process of special and/or conditional use
permits for a proposed use which is otherwise prohibited by the terms of the ordinance
but allowed with conditions under the specific provisions of the ordinance which the City
of Meridian has done in the adoption of its zoning ordinances.
4. To develop, occupy and use real property which is designated and zoned
as General Retail and Service Commercial (C-G) within the City of Meridian for an office
building, equipment storage, associated security fencing, landscaping and parking
requires approval by the Commission as provided for under the City of Meridian Zoning
and Development Ordinance, Section 11-2-409.
5. The Commission and Council have the duty and responsibility to review the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 5
facts and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding but the following
standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.):
a Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance.
c. Will 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;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
e. Will 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 conditional use shall be able to provide adequately any such
services;
f. 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;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any person$, property or
the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
and
i. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
6. Prior to granting a conditional use permit in a General Retail and Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 6
Commercial (C-G) District, one (1) public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three hundred
feet (3001) of the external boundaries of the land under consideration for conditional use
permit all in accordance with the provisions of Section 11-2-418E, City of Meridian Zoning
and Development Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit is recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall insure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian and Development Ordinance, and Idaho
State law. (Section 11-2-418Ff, City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained properly;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in this
Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 7
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That Gerry Sweet, owner of the property is granted a conditional use permit
for the applicant, Bruce A. Benoit dba Baristas Espresso, for the installation and use of a
steel-constructed, factory-built, 81 x 81 (64 sq. ft.) self-contained, drive-thru kiosk for the
purpose of selling specialty coffee products and pre-packaged food items as described in
the Site Plan as bearing Job No. 9444, Sheet A-1.0, Architecture Northwest, Drawn By:
T.A.C., Checked By: R.H., BARISTAS ESPRESSO OF BOISE, LLC, Dated: December
1998, for the development of the aforementioned project located at 1375 E. Fairview,
Meridian, Idaho.
2. This permit is subject to the following terms and conditions:
2.1 Submit to the Building Department a larger scale of the plumbing plan.
2.2 Zoning Certificate and Certificate of Occupancy are required prior to
operation.
2.3 The use shall not adversely impact surrounding properties due to traffic and
other activities.
2.4 Except for signage as shown on the building no signage has been
proposed, and none is approved with this application.
2.5 Violation of any of the above conditions shall be cause to revoke a zoning
certificate. The Conditional Use Permit shall be subject to review upon
notice to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 8
2.6 That all prohibited and non-compliant signs currently on the site be removed
before the issuance of any certificate of compliance and prior to any
occupancy of the facility.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 9
NOTICE OF FINAL ACTION
Please talce 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 conditional use permit may within twenty-eight (28) days after the date
of this decision and order seelc a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on March 2, 1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
COUNCILMAN BENTLEY
VOTEDT-
COUNCILMAN BIRD
VOTED~
COUNCILMAN ROUNTREE
VOTED~
MAYOR ~ D. CORRIE (TIE BREAKER)
DATED: ~ -
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 10
I
(
MOTION:
APPROVED:
~~-
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department a11d the Public
Works Department.
By' v~ Dated: 3 -I P -If 1
City Clerl(
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RECEIVED
MAR 1 6 1999
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
BRUCE A. BENOIT dba BARISTAS ESPRESSO - 11
~lll(> (q~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF FARWEST,
LLC FOR APPROVAL OF FINAL
PLAT FOR THOUSAND
SPRINGS SUBDIVISION NO.3,
MERIDIAN, IDAHO
)
)
)
)
)
)
)
)
FP-99-003
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to S 11-9-604 H Municipal Code of the City of Meridian the 16th day of
March, I 999, and the Council finding that the Administrative Review is complete which
has included certain comments and conditions as stated in a letter to the Mayor and
Council from Bruce Frecldeton, Assistant to the City Engineer, and Shari Stiles, Planning
and Zoning Administrator, which listed 6 General Comments and 13 Site Specific
Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning
and Zoning Administrator, commented at the hearing, and Becl<y Bowcutt, Land Use
Planner of Briggs Engineering, Inc., appeared on behalf of the applicant, and the Council
having considered the requirements of the preliminary plat the Council ta!<.es the
following action:
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of "THOUSAND SPRINGS SUBDIVISION NO.3", as
evidenced in Plat bearing the job reference #981204\THSP 3PLT. BI<B
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR THOUSAND SPRINGS SUBDIVISION NO.3 - 1
01/29/99, SHEET 1 OF 3, and stamped JAN 29 1999, BRIGGS
ENGINEERING, INC., Consulting Engineers, FARWEST L.L.C.,
Developer, is Conditionally Approved subject to those conditions of Staff
comments as set forth in the Memorandum to the Mayor and City Council
from Bruce Frecldeton, Assistant to the City Engineer, and Shari Stiles,
Planning and Zoning Administrator, dated March 16, 1999, listing 6
General Comments and 13 Site Specific Comments, a true and correct copy
of which is attached hereto marl(ed Exhibit "A" and by this reference
incorporated herein, with the additional requirements that:
1.1 Fire Chief, ICenny Bowers, requires "No Parldng" of vehicles or
trailers in the cul-de-sac; that road and street name signs need to be
installed before building is started; and that all common areas will
need to be l(ept clear of trash and weeds.
1.2 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that plans
must be submitted to and approved by the Idaho Department of
Health and Welfare, Division of Environmental Quality for central
sewage and central water; that run-off is not to create a mosquito
breeding problem; and that stormwater be pretreated through a
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR THOUSAND SPRINGS SUBDIVISION NO.3 - 2
grassy swale prior to discharge to the subsurface to prevent impact to
groundwater and surface water quality; that engineers and architects
should obtain current best management practices for stormwater
disposal and design a stormwater management system that is
preventing groundwater and surface water degradation. Manuals for
guidance:
1.2.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the
Idaho Division Of Environmental Quality, July 1997.
1.2.2 Stormwater Best Management Practices Guideboole. Prepared
by City of Boise Public W or1es Department, January 1997.
1.3 The N ampa & Meridian Irrigation District does require a license
agreement for all crossings, and the Master License Agreement can
be completed for this bridge. Once the District has a signed copy of
the agreement construction can commence. Nampa & Meridian
Irrigation District also noted that their District's Ridenbaugh Canal
courses along.the west boundary of the project. The right-of-way of
the Ridenbaugh Canal is 100 feet; 50 feet from the center each way.
Idaho Code 42-1208 -- RIGHTS-OF- WAY NOT SUBJECT TO
ADVERSE POSSESSION. The developer must contact John P.
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR THOUSAND SPRINGS SUBDIVISION NO.3 - 3
Anderson or Bill Henson for approval before any encroachment or
change of right-of-way occurs. Nampa & Meridian Irrigation District
requires a Land Use Change/Site Development application be filed
for review prior to final platting. All laterals and waste ways must be
protected. All municipal surface drainage must be retained on site.
If any surface drainage leaves the site the District must review the
drainage plans. The developer must comply with Idaho Code 31-
3805. It is recommended that irrigation water be made available to
all developments within the Nampa & Meridian Irrigation District.
2.
The final plat upon which there is contained the Certification and signature
of the City ClerIc and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer; and
b. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate performance bond has been issued
guaranteeing the completion of off-site improvements.
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR THOUSAND SPRINGS SUBDIVISION NO.3 - 4
By action of the City Council at its regular meeting held on the 16th day of
March, 1999.
!2 Zj)
I ~;.
By: /~4 . ~..AA{j
~~O)ERT D. CORRIE
~ayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public W orles
Department. -
Dated:
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR THOUSAND SPRINGS SUBDIVISION NO.3 - 5
(
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF
STUBBLEFIELD
CONSTRUCTION COMPANY
FOR APPROVAL OF FINAL PLAT
FOR TUMBLE CREEI(NO. 3
SUBDIVISION, MERIDIAN,
IDAHO
)
)
)
)
)
)
)
)
(FP-99-005)
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to 9 11-9-604 H Municipal Code of the City of Meridian the 16th day of
March, 1999, and the Council finding that the Administrative Review is complete which
has included certain comments and conditions as stated in a letter to the Mayor and
Council from Bruce Frecldeton, Assistant to City Engineer, and Shari Stiles, Planning and
Zoning Administrator, listed 9 General Comments and 20 Site Specific Comments, which
are herein found fair and reasonable, and that Shari Stiles, Planni11g and Zoning
Administrator, commented at the hearing, and the Council having considered the
requirements of the preliminary plat the Council tal(es the following action:
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of "TUMBLE CREEI( NO.3 SUBDIVISION" as evidenced
in Plat bearing the job reference FILE NAME:
P:\A_ CIVIL\98986\PLA1\98986PT, PROJECT NO. 98986, CHECI<ED
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR TUMBLE CREEI( SUBDIVISION NO.3 - I
BY: DAVID A. BAILEY, P.E., DRAWN BY: DAB, DATED 01-22-99,
SHEET S-3B, PINNACLE ENGINEERS, INC., Consulting Engineers,
STUBBLEFIELD CONSTRUCTION COMPANY, Developer, is
Conditionally Approved subject to those conditions- of Staff comments as
set forth in the Memorandum to the Mayor and City Council from Bruce
Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and
Zoning Administrator, dated March 12, 1999, listing 9 General Comments
and 20 Site Specific Comments, a true and correct copy of which is
attached hereto marl(ed Exhibit "A" and by this reference incorporated
herein, with the additional requirements that:
1.1 Road and street signs need to be installed before building is started.
1.2 The Central District Health Department requires plans be submitted
to and approved by the Idaho Department of Health and Welfare,
Division of Environmental Quality for central sewage and central
water; that run-off is not to create a mosquito breeding problem; and
that stormwater be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality; that engineers and architects should obtain
current best management practices for stormwater disposal and
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUMBLE CREEI( SUBDIVISION NO.3 - 2
design a storm water management system that is preventing
groundwater and surface water degradation. Manuals for guidance:
1.2.1 State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the
Idaho Division Of Environmental Quality, July 1997.
1.2.2 Stormwater Best Management Practices Guideboolc. Prepared
by City of Boise Public W orlcs Department, January 1997.
2.
The final plat upon which there is contained the Certification and signature
of the City ClerIc and the City Engineer verifying that the plat meets the
City's requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer; and
b. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate performance bond has been issued
guaranteeing the completion of off-site improvements.
By action of the City Council at its regular meeting held on the 16th day of
March, 1 999.
By: .~
~ BERT D. CORRIE
ayor, City of Meridian
Dated:
j --/& -tf
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUMBLE CREEI( SUBDIVISION NO.3 - 3
City Clerl(
msglZ:\ W ork\M\Meridian 15360M\ Tumble Creek No.3\CondAppFinPlt.frm
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR TUMBLE CREEI( SUBDIVISION NO.3 - 4
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884.-l264
Council Memhers
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
PUBLIC \VORKS
BUILO[NG DEPARTMENT
(208) 887<!2Il
PLANNING AND ZONING
DEPARTlVIENT
(208) 884-5533
To:
Mayor and City Council
Bruce Freckleton, Assistant to City E~inee~
Shari Stiles, P&Z Administrator ~d
March 12, 1999
RECEIVED
MAR -l 2 1999
City of ~Ierl'd'
,., · tel an
_1 Y lerk Office
MEMORANDUM:
From:
Re:
TUlvIBLE CREEK SUBDIVISION NO.3
(Final Plat by Stubblefield Construction Company, Inc.)
We have reviewed this submittal and offer the following comments, as conditions of the final plat.
These conditions shall be considered in fulL unless expressly modified or deleted by motion of the
Meridian City Council:
GENERAL REQUIRE1vIENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the
appropriate irrigation/drainage district, o'r lateral users association, with written confirmation
of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5- 7 - 517 . Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Detennine the seasonal high groundwater elevation, and submit a profile of the subsurface soil
conditions, as prepared by a soil scientist, with street development plans.
4. Submit a plan approval letter to the Public Works Department from the entity having
jurisdiction over design and construction of the pressurized irrigation system.. A letter of
credit or cash will be required for these improvements prior to signature on the final plat.
5. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and
detail plans for reducing or eliminating the boundary.
6. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
Tumble Creek No. 3.FP
Mayor and City Council
3/12/1999
Page 2
7. Submit a copy of the proposed restrictive covenants and/or deed restrictions for review by
the City Attorney.
8. Please submit a copy of the Ada County Street Name Committee's final approval letter for
the Subdivision name, lot and block numbering, and street names. Make any corrections
necessary to conform.
9. Please address, in written fo~ all items contained in this memorandum (both General and
Site Specific) and submit to the City Clerk's office by 12:00 noon, March 15, 1999. Prior to
development plan approval, three copies of the revised plat must be reviewed by the Public
Works Department for compliance with all conditions of plat approval.
SITE SPECIFIC REOUIRENlENTS
1. This :final plat generally conforms to the approved preliminary plat.
2. Temporary fencing to contain construction debris shall be installed and maintained along all
subdivision boundaries, prior to obtaining building permits unless specifically waived in
writing by the City P&Z Administrator. A letter of credit or cash will be required for these
fences prior to signature on the :final plat.
3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
4. Sanitary sewer ~ervice to this site will be via extensions of the mains installed as part of earlier
phases of this development. Approval of this application needs to be contingent upon our
ability to accept the additional sanitary sewage generated by this proposed development.
Applicant will be responsible to construct the sewer mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to keep the sewer lines on the south
and west sides of centerline.
5. Water service to this site will be via extensions of existing mains installed as part of earlier
phases of this development. Applicant will1Je responsible to construct the water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
6. All street signs, road base, streetlights, pressurized irrigation system domestic water system
(activated fire hydrants), and fencing are to be installed prior to obtaining building permits.
7. Complete the Certificate of Owners and the accompanying Acknowledgement.
8. Complete the Certificate of Surveyor, and stamp, sign, and date the face of the plat.
Twnble Creek No. 3.FP
Mayor and City Council
3/12/1999
Page 3
9. Please add or revise the the following plat notes:
(1.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian, Idaho.
(2.) Any re-subdivision of this plat shall comply with the applicable zoning regulations
in effect at the time of the re-subdivision.
(3.) All lot lines common to the public right-aI-way and the exterior boundary afTumble
Creek No. 3 Subdivision have a 10 foot wide permanent public utilities, drainage and
irrigation easement, unless otherwise shown. However, these easements shall not
preclude the construction of proper hard surfaced driveways for access to each
individual lot.
(4.) A 10-foot-wide permanent public utilities, drainage and irrigation easement is
designated to be centered on all interior lot lines, unless otherwise shown.
(5.) The developer and/or owner shall comply with Idaho Code 31-3805 or its provisions
that may apply to irrigation rights.
(6.) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is
responsible for the maintenance thereof, unless such responsibility is assumed by an
irrigation/drainage district.
(7.) All buildable lots within this subdivision are for single family dwellings only. In
addition, each single family structure shall be a minimum of 1400 square feet
excluding garage area.
(8.) The bottom elevation of house footings shall be set a minimum of 12 inches above
the highest established normal groundwater elevation.
10. Add arrow ~bol depicting house front orientation toward W. Andrew Creek St. for Lot 23,
Block 7, and add symbol and notation to the legend of symbols. The reason for this
requirement is due to the less than minimum street frontage along the N. Marburg Avenue
frontage. The frontage on this type of lot is calculated by taking Y2 of the chamfer plus
Marburg frontage.
11. Add the missing bearing and distance to the north boundary of Lot 23, Block 7.
12. Additional input shall be sought from the Nampa & Meridian Irrigation Dis:trict as to easement
restrictionslbuildability of Lot 16, Block 9, and the adequacy of the easement along the edge
of Block 10 for the storm drain. Easement line shall be set a minimum of 10 feet into the lot
from the storm drain pipe. It is staff's opinion that the easement across Lot 16, Block 9
severely impacts the reasonable buildability of this lot. Additional restrictions that may be
placed on the easement by the Nampa & Meridian Irrigation District, such as being non-
encroachable, would further impact the ability to build on this lot.
13. Compaction test results must be submitted to the Meridian Building Department for all lots
receiving fill material.
Tumble Creek No. 3.FP
Mayor and City Council
3/12/1999
Page 4
14. Graphically show five-foot-wide easements for Public Utilities, Drainage and Irrigation along
the sulxlivision boundary line (side lot line) afLot 15, Block 9, Lot 26, Block 10, and Lot 22,
Block 7, if these lines are side yards adjacent to future/existing phases of this development.
15. Add the ''North'' and "West" designations to the references of Linder Road and Ustick Road,
respectively.
16. Correct the distance shown on the face of the plat referencing the Basis of Bearing; according
to the legal description of the Certificate of Owners, it should read 2,643.29'.
17. Please show where the boundary lines separating adjacent subdivisions would intersect the
boundary of this sulxlivision (similar to what is shown at the NW comer of Let 22, Block 7).
18. Please add ''No.5'' to the Fieldstone Meadows Subdivision reference in the last line of the
legal description of the Certificate of Owners.
19. Revise the curve table to reflect the correct dimensions ofC13 and C17.
20. Construct permanent, six-foot-high perimeter fencing prior to obtaining building permits. A
letter of credit or cash will be required for this fencing prior to signature on the final plat.
Ttunble Creek No. 3.FP
PINN ACLE
tity. twl\C:; I
~~ n (t
3- 1&- CfCJ
I~ -if:, I 0
E:ngi:neers ~ Inc.
TO:
Shari Stiles
Planning and Zoning Administrator
200 E. Carlton, Suite 201
Meridian, Idaho 83642
RECEIVED
MAR 1 6 1999
City of Meridian
City Clerk Office
DATE: March 15,1999
RE: Tumble Creek Subdivision No.3
Ms. Stiles:
In accordance with your staff report dated March 12, 1999 on the above referenced project, we
submit the following response:
GENERAL INFORMATION
1. All existing/irrigation/drainage ditches crossing the property will be tiled as per City Ordinance
11-9-605.M. Construction Plans and Land Use Change/Site Development Application. have
been submitted to Nampa Meridian Irrigation District for approvaL Written confirmation of
approval from the District will be submitted to the Public .W orks Department upon receipt
2. There are no existing wells or septic systems on site.
3. . See attached Water Table and Soil Report by Associated Earth Sciences.
4. Construction Plans and Land Use Change/Site Development Application have been submitted
. to Namp~'Meridian I~gation District for approval. Written confumation of approval from the
District will be' submitted to the Public Works Department upon receipt.
5. There are no FEMA Flood Plains within this site. -
6. Fire hydrants are shown on Construction Plans-, we will coordinate placement with the Public
Works Department.
7. A copy of the restrictive covenants is attached.
8. Final approval for the subdivision name, lot and block numbering, and street names is attached.
9. This letter and copies of the revised plat will be submitted March 15, 1999.
870 NORTIi LINDER SUITE B · MERIDIAN, IDAHO 83642 . (20B) 887-7760 · FAX (208) 887-7781.
SITE SPECIFIC REQUIREMENTS
1. We agree.
2. Temporary fencing will be installed.
3. All sidewalks will be five-foot-wide as reflected on the Construction Plans.
4. Construction will take place as reflected on the Construction Plans with coordination and
approval of the Public Warks Department.
5. Construction will take place as reflected on the Construction Plans with coordination and
approval of the Public Works Department.
6. Street signs, road base, streetlights, pressurized irrigation, water system, and fencing will be
installed prior to obtaining building permits.
7. Certificate. of O\VIlers and accompanying Acknowledgement are on the Plat
8. Certificate ofSurveyor;-stamp, signature, and date is on the face of the Plat
9. Items 1 through 8 of the plat notes have been added or revised.
10. Revised on plat.
- 11. Added on plat.
12. Buildable area on Lot 16, Block 9 is 2,520 sq. ft. This is sufficient area for 1,400 sq. ft. house
and garage without any encroachments. ,See attached lot plan.
13. Compaction tests will b~ conducted and submitted to the Building Department.
14. It.e~s 14 through-19 have been corrected or added on the plat
20. Fencing Will be installed.
If you have any questions or comments regarding this matter, please call me at (208) 887-7760.
SincereI ,
1~--~ ~/
/' Rtbert c. Unger ~ ~
Project Manager
cc': File #98986
John Stubblefield
(
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288.2499
FAX (208) 288.2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFACE BOX 247
NAMPA, IDAHO 83653~0247
TEL (20B) 466~9272
FAX (20B) 466~4405
Email viaInternet@vvfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
March 22, 1999
William G. Berg, Jr.
City ClerIc
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
MAR 2 2 1999
CITY OF mRIDL'-11\T
Re: TUMBLE CREEI( SUBDIVISION NO.3 REQUEST -
Dear Will:
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF CONDITIONALAPPROV AL OF FINAL PLAT for approval and signature
by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
W orl<s.
If you have any questions, please give me a calle
Wm. F. Gigray, III
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NVE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN) IDAHO 83680..1150
TEL (208) 288..2499
FAX (208) 288..2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466.4405
Email viaInternet@wfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
March 22, 1999
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
MAR 2 2 1999
CITY OF MERIDIAN
Re: TUMBLE CREEI( SUBDIVISION NO.3 REQUEST -
Dear Will:
Regarding the above referenced Inatter, please find enclosed a copy of the
ORDER OF CONDITIONALAPPROV AL OF FINAL PLAT for approval and signature
by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
Worl(s.
If you have any questions, please give me a call.
Wm. F. Gigray, III
msgJZ:\Work\M\Meridian lS360M\Tumble Creek No.3\ClerkLtrMar19
IN THE MATTER OF THE APPEAL )
OF PLANNING AND ZONING )
COMMISSIONER'S )
RECOMMENDATION TO ADA )
COUNTY DEVELOPMENT )
SERVlCES )
(98-34-ZC)
ORDER OF DENIAL OF APPEAL
AND AFFIRMATION OF NOTICE
BY PLANNING AND ZONING
COMMISSION
T~is matter coming on regularly before the City Council upon the appeal of
Mr. Brent E. Barrus of the action and respons-e of the Planning al1d Zoning
Commission as evidenced in the letter from Shari Stiles, Planning a11d Zoning
Administrator, to Mr. Scott Cook, Plal1ner II, Ada County Development Services,
dated January 21, 1999, and the Council having received and taking notice of the
files and records of this matter received from the Planning and Zoning Commission
and Administrator, and the filing having been Inade to the Council, and the Council
having heard the report of the Planning and Zoning Adluinistrator, and appearing for
the appellant was Michael Aiello, son-in-law of the appellant, and being fully
informed in the premises:
The City Council ma](es the following Findings:
1. Mr. Brent E. Barrus seel<.S to rezone the subject real property (7.09)
acres at 5720 West Overland, Meridian, from (RT) Rural Transition to
Estate Residential Zone (R1), and the same is within the Impact Area of
the City of Meridian; and
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - I
(-
2. The Planning and Zoning Commissions action and resultant letter was
based upon the fact that the real property is located in the Meridian
Urban Service Planning Area and has a future designation of
Mixed/Planned Use Development, and that the application was not in
conformance with the narrative provisions of the City's Land Use
Designation found at Page 29 of the Comprehensive Plan of the City of
Meridian under the heading Land Use. A summary of the provisions
reveals that the Comprehensive Plan Goal is that single-family dwellings
within the Urban Service Planning Area provides 1 single-family
dwelling per 5 or 1 0 acre tract, provided dry line sewer and water lines
are installed and constructed, and plans and layouts for roads are made
and provisions are made for future re-subdivision of the 5 or 10 acre
tract to an urban density as shown in the Comprehensive Plan Land Use
Map.
3. The appellant intends to develop the subject 7.2 acre parcel into four
(4) lots for the construction of residents upon each lot.
4. The appellant presented no evidence that the action of the Planning and
Zoning Commission was in error.
CONCLUSION OF LAW:
I. The authority for the Council to act in this matter is set forth in its
Zoning and Development Ordinance at S 11-2-404 D (a) which
provides: "The Council shall hear and decide appeals where it is alleged
there is an error in an order, requirement, decision, interpretation or
determination made by the Administrator, Commission or Building
Inspector. "
Now therefore, IT IS HEREBY ORDERED AND THIS DOES ORDER
THAT:
I. The action herein appealed of the Planning and Zoning Commission is
hereby affirmed; and
2. The appeal of the appellant is hereby denied.
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 2
(
By action of the City Council at its regular meeting held on If;ar~ /61:4-
1999.
By: ~_
RO RT D. CORRIE
ayor, City of Meridian
Copy served upon Applicant, Mr. Scott Cook - Planner II of Ada County
Development Services, 650 Main Street, Boise, Idaho 83702, and the Planning and
Zoning Department and the Public W orl(s Department.
Dated:
msg\Z:\Work\M\Meridian 1 5360M\Barrus Denial\OrderDenialMar19
ORDER OF DENIAL OF APPEAL AND AFFIRMATION
OF NOTICE BY PLANNING AND ZONING COMMISSION - 3
('
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288~2499
FAX (208) 288~2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653~0247
TEL (208) 466~9272
FAX (208) 466~4405
Email viaInternet@wfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
March 19, 1999
William G. Berg, Jr.
City Clerl(
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
MAR 2 2 1999
CITY OF MERIDIAN
Re: BRENT BARRUS APPEAL
Dear Will:
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF DENIAL OF APPEAL AND AFFIRMATION OF NOTICE BY PLANNING
AND ZONING COMMISSION for approval and signature by the Mayor and yourself.
Please serve a copy of the ORDER, upon the Applicant, and also note I have included
Mr. Scott Cook of the Ada County Development Services at 650 Main Street in Boise,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
Worl(s.
If you have any questio11S, please give me a call.
msglZ:\ W ork\M\Meridian 15360 M\Barrus Denial\ClerkLtr Mar 1 9
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 884-4264
.Qmnci 1 Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
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
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that a true and correct copy of ORDER OF
DENIAL OF APPEAL AND AFFIRMATION OF NOTICE BY PLANNING AND ZONING
COMMISSION was mailed to:
BRENT BARRUS
5720 WEST OVERLAND ROAD
MERIDIAN, IDAHO 83642
properly enclosed in an envelope, with postage prepaid, on this 25th .day of March,
1999.
Copy: Shari Stiles, Planning and Zoning
Gary Smith, Public Works
Ada County Development Services
/
\
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288..2499
FAX (208) 288..2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466.4405
Email viaInternet@yvfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
March 19, 1999
William G. Berg, Jr.
City CIerI,
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
MAR 2 2 1999
CITY OF MERIDIAN
Re: BRENT BARRUS APPEAL
Dear Will:
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF DENIAL OF APPEAL AND AFFIRMATION OF NOTICE BY PLANNING
AND ZONING COMMISSION for approval and signature by the Mayor and yourself.
Please serve a copy of the ORDER, upon the Applican~, and also note I have included
Mr. Scott Cool, of the Ada County Development Services at 650 Main Street in Boise,
with a Certificate of Service in the file and a copy to Planning and Zoning and Public
W orl,s.
1/vt q If you have any questions, please give me a call.
1/~
~ r
~~;~
r crkflV(v) fr
(}v /'..." ;V'1~r\lvfWleridian 15360M\Barrus Denial\ClerkLtrMar 19
)XIv .) I. S
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(
** TX CONFIRI'1I1IION REPORT **
(
AS OF MAR 17 '99 16:50 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
09 03/17 16:45 (208) 388-1201
MODE MIN/SEC PGS CMDij STATUS
83--S 05'26" 016 226 OK
--------------------------------------------------------------------------------------------
MERIDIAN CITY COUNCIL MEETING:
MARCH 16, 1999
APPLICANT: CONSENT AGENDA
AGENDA ITEM NUMBER:~
REQUEST: SEWER AGREEMENT - FIVE MilE CREEl(
AGENCY
ClTY CLERK:
COMMENTS
SEE ATTACHED AGREEMENT AND RESOLUTION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
aTY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFJCE:
~
(iF
tyff j'
110
ADA COUNTY HIGHWAY DfSTR1CT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGA liON:
IDAHO POWER:
us WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
AU Materials presented at public meetings shall become property of the City of Meridian.
3/15 CaMlJ ~~ fYlon-fJl)t\OV(jI 41&,,0' 7J0/ ~ I\.- ·
(
MERiDIAN CITY COUNCIL MEETING:
MARCH 161 1999
APPLICANT: CONSENT AGENDA
AGENDA ITEM NUMBER: C
REQUEST: SEWER AGREEMENT - FIVE MILE CREEK
CITY ATTORNEY:
Cr"" . ;JJ
. ~tovn
\f\..tt 0 J {
(to/p1 . ~cJf-
~
riG
~ESOLUTION
\
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
\.
\
\\
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
INTERMOUNTAIN GAS:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
3115 eaMeJ LfdsCft- mOr\-tJlJnov()1 4/fifrwo tJfY ~ ~ .
(
Office
of the
City Attorney
200 E. Carlton Ave. Suite 31
PO Box 1150
Meridian ID 83680-1150
Phone: 288-2499 Fax: 288-2501
E-mail: wfg@wppmg.com
RECEIVED
To: Gary Smith and Bruce Freckelton MAR 1 1 1999
cc Mayor CITY OF lVlERIDIAN
City Clerk
From: Bill Gigray, City Attorney ~
Re: Temporary Construction License and Sewer Easement Agreement
James F. Griffin Grantor
Date: March 9, 1999
Enclosure: Draft copy of Temporary Construction License and Sewer Easement
Agreement James F. Griffin Grantor
Information: I reviewed at the request of the Mayor this proposed agreement. It
appears to be in proper form. Please review to determine that the easement right that is
provided is as it should be and due to the fact that this is a non exclusive easement that
the other development that is allowed is compatible with the City's intended use and
needs. I am also of the opinion that this agreement should be recorded. The signature
provisions are acknowledged so it can be recorded.
Requested Action: Please advise the Mayor whether this matter should be
considered in the consent agenda or during the Public Works Director's report. The City
Clerk after a resolution authorizing the signature of the Agreement should cause the
same to be recorded.
(
GIVENS PURSLEY LLP
LAW OFFICES
277 North 6th Street/ Suite 200
PO Box 2720/ Boise, Idaho 83701
TELEPHONE: 208388-1200
FACSIMILE: 208388-1201
Gary G. Allen
Christopher J. Beeson
Michael C. Creamer
Thomas E. Dvorak
Roy Lewis Eiguren
Jeffrey C. Fereday
L. W. Grant III
Richard W. Jankowski
Karl T. Klein
David R. Lombardi
Kimberly D. Maloney
Kenneth A. McClure
Cynthia A. Melillo
Christopher H. Meyer
L. Edward Miller
Patrick J. Miller
Judson B. Montgomery
Aaron H. Nemec
W. Hugh O'Riordan
Kenneth L. Pursley
Conley Ward
Steven R. Weeks
Stephanie C. Westermeier
Robert B. White
Raymond D. Givens
James A. McClure
February 24, 1999
RFCFI\TED
FEB 2 5 1999
JUDSON B. MONTGOMERY
DIRECT DIAL
(208) 388-1202
Bruce Freckleton
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642 .
MER!DtAN CITY ENGINEER
Re:
Our file:
Five Mile Creek
2515-15
Dear Bmce:
Pursuant to your request, enclosed please find an execution original and a
redlined copy of the Temporary Constmction License and Sewer Easement
Agreement, for your review. Jim Griffin has already signed the execution original of
the Agreement.
We have incorporated all of the agreed upon changes into the Agreement, and
all of the substantive additions and deletions are indicated on the enclosed redlined
document. Per your request, we have also reviewed the distance calls in the legal
descriptions on the exhibits to the Agreement, and we believe that they are accurate.
If you have any continuing concerns about the distance calls, please feel free to
contact Richard Orton at Toothman-Orton conceming that issue.
If the revised Agreement meets with your approval, please insert the effective
date of the Agreement on page 5 of the execution original, and have the City's
authorized signatories sign that document in the indicated spaces before a notary.
Please let us know when the City has executed the Agreement, and we will send a
runner to pick it up, and record it with Ada County Recorder. After recordation, we
will return the recorded original of the Agreement to you for your files.
Further, when the City is ready to install the sewer stub line, we would
appreciate you providing Jim Griffin and us with 7 days prior written notice before
commencing construction. We would appreciate you providing similar notice when
(" ~
Bruce Freckleton
February 24, 1999
Page 2
the City is performing any subsequent operation, maintenance or repair activities to
the sewer stub line. Mter the City completes the initial installation, please let us
know and we will forward you the money in our possession for the cost of
construction, exclusive of our client's out of pocket engineering and legal fees.
On a related note, you had previously indicated your b~lief that the City had
constructed stub lines from Manhole Nos. 21 and 23 pursuant to the original Sewer
Easement Agreement. We would appreciate you confirming that those stub lines
were actually constructed via written letter before the City begins construction on the
new sewer stub line from Manhole No. 22.
Thank you for your attention to these matters. If you have any questions or
comments regarding the enclosed materials, please do not hesitate to call David
Lombardi or me.
Very tITIly yours,
~,~
J dson B. Montgomery
JBM:slc
Enclosure
cc: Jim Griffin
David Lombardi
Richard Orton
2515\ 15\CORR\FRECKLO 1.JBM
(
MERIDIAN CITY COUNCIL
AGENDA
(/
(
6. ORDINANCE #817 - ANNEXATION AND ZONING OF PROPERTY FOR
MERIDIAN JOINT SCHOOL DISTRICT NO.2: (APPROVE)
7. TABLED FROM 3/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE
FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH
SECURITY FENCE (MIDV ALLEY BUSINESS PARK) BY HUBBLE - NW OF
EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO: (APPROVE)
8. DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE
SUBDIVISION: (TABLE UNTIL APRIL 6TH MEETING)
9. ORDINANCE # - ANNEXATION AND ZONING OF THOUSAND
SPRINGS VILLAGE SUBDIVISION: (TABLE UNTIL APRIL 6TH MEETING)
10. DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH
OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN
MILE): (TABLE UNTIL APRIL 6TH MEETING)
11. ORDINANCE # - ANNEXATION AND ZONING OF 8.51 ACRES BY
JOHN GOAD: (TABLE UNTIL APRIL 6TH MEETING)
12. APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION
TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS:
(DENY APPEAL)
13. FINAL PLAT FOR THOUSAND SPRINGS NO.3 SUBDIVISION BY FARWESTJ
LLC - NORTH OF VICTORY ROAD AND WEST OF EAGLE ROAD: (APPROVE
WITH CONDITIONS)
14. FINAL PLAT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION BY GEM
PARK II - EAST OF LOCUST GROVE AND NORTH OF VICTORY: (APPROVE
WITH CONDITIONS)
15. FINAL PLAT FOR TUMBLE CREEK NO.3 SUBDIVISION BY STUBBLEFIELD
CONSTRUCTION COMPANY, INC. - USTICK ROAD, WEST OF LINDER
ROAD: (APPROVE WITH CONDITIONS)
16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14
ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER
OF MERIDIAN RD., AND USTICK RD: (CONTINUE PUBLIC HEARING UNTIL
APRIL 6TH MEETING)
17. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR
PROPO~ED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER --
EAST SIDE OF LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN
(
(
ROAD JUST NORTH OF SUMMERFIELD SUB: (CONTINUE PUBLIC HEARING
UNTIL APRIL 6TH MEETING)
18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE
GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/B/A
JUKEBOX PARTY EXPRESS - 821 E. WILLOWBROOK: (APPROVE DENIAL
OF APPLICATION WITH FINDINGS TO BE PREPARED BY CITY ATTORNEY)
19A. PUBLIC HEARING: REQUEST FOR ANNEXATION OF .53 ACRES AND
REZONE OF 55.79 ACRES TO I-L BY WILLIAM A. HON (JABIL) - NORTH OF
1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACiliTY, WEST
OF LOCUST GROVE RD: (CITY ATTORNEY PREPARE FINDINGS)
19B. REQUEST BY JABIL TO WAIVE TILING OF DITCH SUBDIVISION
ORDINANCE: (APPROVE)
20. PUBLIC HEARING: 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: (CONTINUE PUBLIC HEARING UNTIL APRIL 6TH MEETING)
21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN
ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH
OF PINE AVENUE, WEST OF WEST 4TH STREET: (CONTINUE PUBLIC
HEARING UNTIL APRIL 6TH MEETING)
22. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
HOME SALON BY TINA SAVKO - 310 E. BROADWAY: (CONTINUE PUBLIC
HEARING UNTIL APRIL 6TH MEETING)
23. DEPARTMENT REPORTS:
A. JANICE SMITH:
1. ACCOUNTING REPORT. (TABLE)
B. GARY SMITH:
1. ACCOUNT TRANSFER REQUEST. (APPROVE)
C. TOM KUNTZ:
1. LAND ACQUISITION. (DENY)
2. CHANGE ORDER FOR lULL Y PARK. (APPROVE)
D. CHIEF GORDON:
( (
1. PERMITS FOR DOG POUND. (APPROVE WAIVING OF
BUILDING PERMIT FEES
E. SHARI STILES:
1. DISCUSSION OF ROCKETS, INC. CONDITIONAL USE
PERMIT TRANSFER. (PUBLIC HEARING FOR
TRANSFER)
F . MAYOR CORRI E:
1. APPOINTMENT OF TRACE LEIGHTON TO MERIDIAN
PARKS AND RECREATIONS COMMISSION. (APPROVE)
(
(
MERIDIAN CITY COUNCIL MEETING
MARCH 16, 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
March 16, 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,
Kenny Bowers, Shari Stiles, Brad Watson.
Corrie: I want to welcome everybody here tonight. It looks like a full house. It's going
to look like a full agenda too, and I'll explain after the consent agenda what we're going
to be looking at and what we're going to face here tonight. Council, you have the
consent agenda A, B, C, 0 and E. What is the Council's pleasure?
Bird: Mr. Mayor I move that we pass the consent agenda items A, B, C, 0, and E.
Rountree: Second.
Corrie: Okay motion made by Mr. Bird second by Mr. Rountree to approve the consent
agenda A, B, C, 0 and E. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: As you see here, we've got quite a bit of agenda here. I'm going to ask an
agenda call here. How many are here for public hearings? Okay. Is everybody ready
to testify on that one then? How many is here on the public hearing number 16, the
annexation and zoning by Paul A. Hoffman? Okay, we have one. Public hearing
number 17 is going to be requested to be delayed until April the 6th. Anybody here that
was going to testify on that one? Okay, we will open the public hearing tonight and then
we'll extend it to A~ril 6th meeting, so you can either give testimony tonight or you can
come back April 6t and give the testimony. It will be entirely up to you. Number 18 is
the request for conditional use permit by Robin Walker, Juke Box Party Express. How
many are here for that? Okay. And the 19A and B which is the William Hon, Jabil. I
think we have 1,2,3,4,5,6,7,8, 9, 10. What is going to happen here at 10:30 we're
going to close the public hearings and what's left will have the first agenda April 6th,
because we've got some other things that we have to do and we have to make sure that
we get out of here at a decent hour tonight so we'll see where we are and then I'll tell
you about the time we get to 10:00 or 10: 15 how far we are going to be going. And then
we'll extend that on to the next meeting.
1. MARCH FOR PARKS PROCLAMATION & MERIDIAN WBA PROCLAMATION:
Corrie: Proclamation for the WBA, and we've got some ladies down here in the front
seat and I'll theirs. It will be number one, and I have here a proclamation of this the
week of March the 15th, 1999 has been established as the Meridian Women's Bowling
(
Meridian City Council
March 16, 1999
Page 2
Association Week. Whereas the Meridian Woman's Bowling Association was chartered
in 1960; and awards Scholarships for the Young American Bowling Alliance Members
who learned to bowl at Meridian Lanes and whereas the Meridian Lane proprietor is a
part of the "Turnaround Program" which is a fund raiser to help kids in the Treasure
Valley who need help with "turning" their lives around and whereas the Meridian
Women's Bowling Association at Meridian Lanes is co-hosting the Idaho State Women's
Bowling Association Tournament and whereas the Meridian Woman's Bowling
Association is co-hosting a tournament for the Great Lakes Deaf Bowling Association, I
therefor Robert D. Corrie, Mayor of Meridian, Idaho do hereby proclaim March 15, 1999
as Meridian Women's Bowling Association Week and in Meridian I encourage all
residents of the City to observe and support this day as well as the days ahead with
respect and admiration for the work they have done. So at this time Gail I'll present you
with this and if you want to introduce your board, you can do that, and this is the
proclamation for you.
(Inaudible - off the microphone)
Corrie: Also I have another proclamation. This is a proclamation whereas April 17,
1999 has been established as March for Parks day and whereas March for Parks day
has been established nationwide as a demonstration of public concern over the
condition of the nation's parks and public spaces and whereas these events will not only
raise awareness, but also necessary funds for park improvement, protection and
education projects benefiting national state and local public parks and whereas those
participating in March for Parks are demonstrating that they are committed to protecting
and revitalizing our national treasures for generations to come and whereas the Friends
of Meridian Parks, Inc. is sponsoring a march for parks event on April 17, 1999 which
will take place at Storey Park, and the funds raised will specifically benefit open space
and park facilities in Meridian, Idaho. Now, therefore, I, Robert D. Corrie, Mayor of
Meridian, Idaho do hereby proclaim Apri/17, 1999 as March for Parks Day in Meridian
and call upon the residents of this City to observe and participate in this day, as well as
the days ahead, with sensitivity and respect for the nation's precious parks and public
spaces. Signed Robert D. Corrie, Mayor. So Tammy would you like to come up and I
will- (inaudible).
De Weerd: Have I ever passed up an opportunity? And since when have you enforced
that?
Bentley: Starting tonight.
De Weerd: I'd like to thank you Mayor Corrie and City Councilmen. We've appreciated
the City's partnership with the March for Parks during our first two years. Because of
that partnership, Meridian's new Tully Park will have playground equipment for toddlers
and older children this summer. Friends of Meridian Parks' mission is to raise the
awareness of parks, park projects, their community role and how to get involved. It's
also fund raising for parks, open space and facilities. March for Parks is an excellent
vehicle to do this. It gets the community involved. I'd like to introduce our committee
(~
Meridian City Council
March 16, 1999
Page 3
members, and we would like to present you with a T-shirt with our new logo. We have a
new look this year thanks to a senior at Meridian High School, Michelle Fellows. First
we have David Moe sporting his wonderful sweatshirt, John Birk, Sharon Borton, Dennis
Heinrich, you can wave Dennis. He's shy. Again we appreciate the City's support of
the March for Parks and helping it bring it here to Meridian. We also have appreciated
your participation flipping burgers for us and look forward to seeing you again on April
1 ih and again we appreciate your continued support of our parks.
2. REQUEST FOR CITY TO HELP PAY FOR GREASE TRAP IN BRUEGGER'S
BAGELS BY MARK HANSEN:
Corrie: Is Celeste here tonight? Celeste would you like to come up and tell us about
this program.
Vialet: What we did is the City - the Wastewater Department petitioned the Council to
supplement pretty much the restaurants that had no grease abatement facilities at all.
The City approved our budget and in the process we had eleven restaurants connect to
some kind of grease abatement unit to assist our wastewater plant in treating fats, oils
and greases. In the process, Bruegger's Bagels at the time when they surveyed them
before they opened it was called Rocky Mountain Bagels and they had no intention of
serving anything but bagels at that time. In the process, they've now changed to
Bruegger's Bagels and now they're serving soups and after videotaping their sewer
lines we're finding that is contributing to fats, oils and greases. We at the Wastewater
Plant have no problem with the City proposing to help them in any way, shape or form.
It's pretty much up to you gentlemen. We're more than willing to help them any way we
can out at the Wastewater Plant. They have since put in an automated grease
abatement unit, which is portable so it seems to be working very well. We've had other
restaurants in town use the same kind of grease abatement unit. It seems to be
working really well. So that's about all I have.
Corrie: Council have any questions?
Anderson: I had one. Celeste, can you refresh my memory. Was there a maximum
dollar figure that we were reimbursing or was it a percentage of the cost of _
Vialet: It was half up to $4,000. Half of the unit and installation including electrical and
plumbing up to $4,000.
Anderson: Thank you.
Vialet: You bet.
Rountree: And is that what's being requested?
Vialet: Yes.
Bentley: I have a question. Now this is a one time offering?
Via let: Correct.
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Bentley: Their unit goes away, then they're on their own to replace it.
Vialet: Correct, we did it as an incentive to get the 21 restaurants in the City of Meridian
that had no grease abatement unit at all. So yes, it's just an incentive program that we
thought would help the city.
Anderson: That brings up another questions for me because you said this a portable
unit, so it's something that goes under the sink. If they move their business out or sold
their business, is it likely that they would take that with them and we would be faced
again with approving and subsidizing somebody else to come in and put another
portable unit under this -
Vialet: What we did then in the future if somebody did come in and they did leave and
took their unit and then a future tenant came in. At that time we have it now that we're
mandating a minimum of 1 ,000 grease interceptor, which is a big vault that sits
permanently in the ground exterior of the business. We no longer allow these little
units. Only in certain circumstances where they're like old homes that are downtown
Meridian that they are converting into restaurants and they just don't have the land
application for putting in one of those interceptors. So we do not foresee the city
helping or assisting any of the businesses in the future. We did this just as a one time
shot to try to get almost all the businesses on some kind of grease abatement unit.
Bentley: We keep you up here a while. So we have a situation now where a business
is closed, somebody else is looking to take it over. So you're going to require this unit
be in place before they open?
Vialet: They are open and yes the unit is already in and up and running. What he's
proposing to do today is to get reimbursed for half of the installation of it because at the
time when we first looked at the business it was a different business type.
Bentley: You missed my point. We have another situation where there is a restaurant
that is currently closed and somebody else is looking to take it over so we are going to
require that unit before they get their permit.
Vialet: Correct.
Bentley: Thank you.
Vialet: Thank you.
Corrie: Okay Mark.
Hansen: The only part I would clarify is that we'd never operated as Rocky Mountain
Bagel Bakery. The initial planning was for Rocky Mountain and Bruegger's took over
Rocky Mountain's two existing store before they opened their Meridian store and so
somewhere along the line nothing got changed as far as what kind of restaurant we
were going to be. So we never received the offer that was sent out. It was about a year
and a half ago now. That's the only reason I'm petitioning is for the misunderstanding.
Corrie: What is the cost of your unit?
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Hansen: The unit was $5,000 without the electrical. I haven't got the electrical bill yet
so I would guess $5,000 to $6,000.
Corrie: Council questions?
Bentley: I have none.
Bird: I have none.
Corrie: Okay and you're requesting at least half of the five?
Hansen: Just to be included in what the program was.
Corrie: Thank you, Mark. Counselor any questions about we can go ahead and do that
since we did it before?
Gigray: Mr. Mayor and members of the Council, the concerns that I had about this are
really just sort of set forth in the memorandum before you on agenda item number 2. If
you feel it's appropriate under the existing or the former program and there's a place in
the budget to fund this and it's upon recommendation of the Wastewater Treatment
Superintendent, I think it's a matter of your discretion.
Corrie: Any other discussion from Council? Anybody have anything they want to make
a motion or accept tonight?
Bentley: Mr. Mayor I would move that we approve adding Bruegger's Bagels to grease
trap program that we had previous with the understanding that we're not going to go
back on a bunch of other businesses. There was a miscommunication I guess when
they were under construction and built.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the request of
half the cost of the grease trap. Any further discussion?
Anderson: Mr. Mayor I guess I just have a philosophical difference here in I don't have
any problem with understanding of the program that it's designed to help reduce the
amount of grease in the sewer lines. It's the fact that we're helping to purchase a
portable piece of equipment that could end up being taken out of there at some point as
if it's a piece of restaurant equipment and could end up in another city for all we know,
so I guess I wouldn't have any problem if I knew this was a permanent fixture but where
this is something that's portable and can be moved, I'm not sure the City has any
business in helping to fund such a piece of equipment and I also know that this is not
the first restaurant that is now come in after the fact of the initial offering and been in
this same boat, and I think we're opening the flood gates here to any restaurant that
comes in that moves into another building saying well we didn't know about the last one.
Will you help fund us here?
Bentley: Mr. Mayor as part of my motion was the fact that we would not keep extending
this. This was a restaurant that was under construction at the time of this even though it
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was going to be a different company owning it and it changed hands in the middle, but
they were establishing while this program was in place and that was the gist of my
motion that it not be extended any further.
Corrie: Any further comments?
Rountree: Mr. Mayor I tend to agree with what Councilman Anderson said. I think the
program is a great program, but the intent of the program is to get that infrastructure in
place and keep it in place and the portability aspect of this particular application is one
that could be here for a week and gone next week and it's $2500 to $3,000 that we
don't have in place treating grease and sewer so I would be inclined to vote negatively.
Corrie: Mr. Mayor I concur with Councilman Anderson because of being portable. If
this was something that was in our line that could be removed I would support it
wholeheartedly, but I can't support it when it's a portable. It can be taken out of there
with $2500 of our money.
Corrie: Okay.
Hansen: When approached by the Wastewater, we were given the option of either or
and in the midst of petitioning the Council, we went ahead and installed it. The
portability is mostly because it was the quickest and easiest and as I understand the
cheapest. I'm not certain about that. For me we're not looking at moving out. If you
want to work something in about the portability, we don't have to take it with us. It was
the ease and we went ahead and put it in ahead of time before the petition almost as a
good faith just trying to get it done, and in hindsight we weren't counseled one way or
the other by Wastewater which way to go and we were actually I felt steered towards
the removable one, so I don't know if that changes any minds.
Corrie: Counselor, I have a question. Since it's portable, is it movable property? Can it
stay here if we make a stipulation that it stays with the building or not?
Gigray: Mr. Mayor and members of the Council, you could reach an agreement to make
it stay with the building if the owner is agreeable to that. The question is the ability to
enforce that if someone, I don't know how movable this object is. As described it gets to
be - it sounds like it would be less part of your system and part of the system within the
building, but I don't know what your original program was. Maybe if this is consistent
with the original program, I think it's a matter of your discretion in this matter. I don't
know whether or not this unit could have affixed to it, property of the City of Meridian so
someone knew that it was not to be removed, it might be an impediment to someone
inadvertently removing it.
Corrie: Okay any other discussion?
Bentley: Mr. Mayor I would like to ask a question of Celeste. On your way up, how
many more of these so called portable units do we have in the City that came under this
program?
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Vialet: Portable I believe there's four or five of them. They're not relatively easy to take.
You have to undo a lot of plumbing and unhook them. I mean it's not like you can just
pick it up like a microwave oven and walk off with it. They're messing, I mean I can't
foresee anybody wanting to walk off with one.
Bentley: Wouldn't want it under your kitchen sink.
Vialet: Not really. They're not that attractive.
Bentley: Thank you.
Rountree: That was not a criteria then in the selection of candidates for the program?
Vialet: No, we were more looking at trying to get rid of the fats, oils and greases and at
the time we gave them the two options. Most people have chosen to go with the
interceptor because they own their property. The little places that are in the strip malls,
they don't really own it, so this seems to be a better choice for them.
Bentley: It appears that in the past we have given the option of either/or on the
permanent or the portable and I really don't see we can change right now or that we
should.
Anderson: I have one more question of counsel. Would it be possible to draft an
agreement that says that if the business were to relocate or to move within a certain
time period that they would reimburse us for the money that we fronted them?
Gigray: Mr. Mayor, Councilman Anderson, and members of the Council, it certainly
would. We could craft any kind of agreement like that that you would choose and I
suppose you could even with the consent of the owner of the real property you could
agree that some type of memorandum of agreement could be recorded so that anyone
that would purchase the real property would be aware that that fixture that there's an
interest in it from the City of Meridian to be included for the grease - I don't know if it's
the kind of thing that you'd want to leave there if the business changed and it wasn't
dumping grease into the system or would it be something that someone would want to
remove. I don't know.
Anderson: It would probably depend on what the occupancy ended up of that particular
facility. But I think we would recoup our cost within a couple year time frame so I guess
I wouldn't be opposed to rewording the original proposal to maybe include a contract
that if the restaurant was to move or go out of business within two years that they would
reimburse the city the $2,000 that we would apply towards that.
Bentley: Mr. Mayor, my question would then be are we prepared to go back to the other
four people and ask them to do the same?
Bird: I don't think they would come before us because they did it within the time limit.
Bentley: But it's still real property. You're still dealing with the same amount of money
tied up in portable equipment.
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Meridian City Council
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Bird: Yeah, two wrongs don't make a right.
Bentley: I'm not arguing that point.
Corrie: We want to be consistent as all possible.
Rountree: Mr. Mayor I'd offer a substitute motion. Mr. Mayor I move that we accept the
application for the participation in the grease trap program City of Meridian by Mark
Hansen for Bruegger's Bagels with the condition that if the use of this establishment
changes within the next two years there would be reimbursement to the City of Meridian
the cost was provided to the establishment for the grease trap.
Anderson: I would second that.
Corrie: Amended motion has been placed in the consideration by Councilman Rountree
to approve for half the cost with the condition of pay back if it's less than two years and
as the establishment using the grease trap, second by Mr. Anderson. Any further
discussion?
Bird: I've got one question. What if there's a UCC on that? You can't do this. I don't
see where this motion is going to protect us any more than the first one.
Corrie: Any further discussion? Can you tell us Mark, is there a lien or anything?
None?
(Inaudible)
Corrie: Sure getting a lesson in law. Counselor, does that sound reasonable?
Gigray: As I said before, I think this is a matter of your discretion as to how you want to
administer this without a program and this seems to be some of the tailings of the
program you had. You've got a recommendation from your department and what you
choose as conditions of allowing them to be a part of this program since the time has
passed, I think it's up to you as to what you think is reasonable. There are some
logistical issues with whatever you do, but whatever you do I think you could fashion an
agreement if you want to if they're willing to sign it. I want to know who the owner of that
is and who the owner of the premises is so that we make sure that everybody agrees
and that we have the right parties involved.
Corrie: Question been called for. All those in favor of the amended motion say aye.
MOTION CARRIED: 2 AYES, 2 NAYS, MAYOR CORRIE, AYE.
Corrie: All right I'll vote aye on this and have the attorney write up this _
Bentley: Excuse me, which way is aye?
Corrie: For the amended motion.
Bentley: Yeah, but which aye? We've got four ayes for two different directions.
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Corrie: Two noes, two ayes, and to break the tie /'11 vote aye for the amended motion
and direct the attorney to draw up the conditions as such. I think (inaudible). All right
we've spent thirty minutes on that one. We'll never get through _
Bentley: You still got to vote on the first.
Corrie: Now we got to vote on the first one. The first one was the original motion by Mr.
Bentley. Everybody understand the motion? All those in favor of that motion say aye?
MOTION DEFEATED: 1 AYES, 3 NAYS.
3. TABLED 2/16/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION
BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO.1:
Corrie: Shari, comments from staff?
Stiles: Mr. Mayor and Council I have met with the applicant. He has provided most of
the information that I need. There is one final item that I need a little additional
clarification on and the applicant has asked that we continue this to the April 6th meeting
so he can get that information.
Corrie: Okay do we need to get that from the attorney or the developer? The attorney is
fi n e .
Bradbury: My name is Steve Bradbury, 877 Main Street, Boise. Yeah we agree with
Shari. We've got to try to untangle one last little issue and hopefully we'll have it by
April 6th for you.
Corrie: Okay, thanks Steve.
Rountree: Mr. Mayor I move that we table item number three Steiner Development final
plat for the Villas at the Lakes Subdivision until April 6th.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to table item number
three until April 6th meeting for the Villas at the Lakes Subdivision final plat. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Bird: Mr. Mayor I got a question back on the second item. Clarify it for me. You
passed the amendment but then we defeated the motion.
Rountree: No, we passed the substitute motion.
Corrie: Substitution motion.
Bird: Oh, it wasn't amended?
Corrie: No.
Bird: Okay substitution. I thought he said amended.
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Rountree: Bob did.
Bird: Well if you have a substitution then we should have acted on the first one and
then the -
Gigray: Mr. Mayor and members of the Council I think as long as you all agree that you
pass the motion as amended for the record that would be sufficient. As I recall the
motions there was a motion to substitute I think that Councilman Rountree made and
then there was a reference to a motion to amend and it's a little bit different and as long
as you agree that it was treated as a substitute motion on the record, then there wont'
be any ambiguity in the minutes.
Bird: I just wanted to clear it up.
Gigray: I'll proceed with the agreement then.
Bird: If that guy walked out of here thinking he was getting it. He would have been back
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A DRIVE-THRU KIOSK IN THE PARKING
LOT OF INTERMOUNTAIN OUTDOOR SPORTS BY BRUCE A. BENOIT D/B/A
BARISTAS ESPRESSO -1375 E. FAIRVIEW:
Corrie: Shari comments?
Stiles: Mr. Mayor and Council I have nothing in addition to what the report has.
believe it was tabled because we made some minor modifications.
Corrie: Council, you have the conditional use permit in front of you.
Gigray: Mr. Mayor and members of the Council we prepared this at the request at the
last meeting and I believe there was some clarification of the Findings regarding
signage and some minor - there was one condition we removed because it wasn't
needed. And it's a pretty I think straight forward application.
Rountree: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of
Law and Decision and Order granting the conditional use permit for this application.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the item
number four the Findings of Fact and Conclusions of Law. Any further discussion?
Hearing none, roll call.
ROLL CALL VOTE: BIRD, YEA. BENTLEY, YEA. ROUNTREE, AYE. ANDERSON,
YEA.
MOTION CARRIED: ALL AYES.
Meridian City Council
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Page 11
5. DEVELOPMENT AGREEMENT FOR MERIDIAN JOINT SCHOOL DISTRICT
NO.2 (WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK
ROAD):
Corrie: Shari any comments on the development agreement?
Stiles: Mr. Mayor and Council I'm not aware if they have signed that development
agreement yet.
Corrie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council I had conversations with Mr. Carberry
of the Joint School District, and I have been advised that they have signed this
document and that they have before the school board for ratification of this at their very
next meeting, and I think the Clerk has the original.
Corrie: Any further discussion on the development agreement?
Rountree: I have none.
Corrie: I'll entertain a motion for the Joint School District NO.2 Development
Agreement.
Anderson: Mr. Mayor I make a motion that we approve the development agreement
between the Joint School District No.2.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the development
agreement for Meridian Joint School District NO.2. Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
6. ORDINANCE #817 - ANNEXATION AND ZONING OF PROPERTY FOR
MERIDIAN JOINT SCHOOL DISTRICT NO.2:
Corrie: This is Ordinance #817. I'll read it by title only at this time. (MAYOR READ
ORDINANCE TITLE ONLY.) Is there anyone from the audience who wants to have
Ordinance #817 read in its entirety? All right, I'll entertain a motion on Ordinance #817.
Rountree: Mr. Mayor I move that we approve Ordinance #817 for annexation and
zoning for this application, authorize the Mayor to sign and Clerk to attest with
suspension of rules.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve Ordinance
#817 with suspension of rules.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
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MOTION CARRIED: ALL YEAS.
7 . TABLED FROM 3/2/99: CONDITIONAL USE PERMIT FOR 24,560 SQUARE
FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH
SECURITY FENCE (MIDV ALLEY BUSINESS PARK) BY HUBBLE - NW OF
EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO:
Corrie: This was tabled I believe we needed to have the City Clerk attest that the
Ordinance was in effect and published; is that correct?
Berg: Mr. Mayor yes it is. It's been published.
Corrie: Okay that having been done and attested to by the City Clerk any questions on
the conditional use permit for Midvalley Business Park? Hearing none, I'll entertain a
motion on the conditional use permit.
Anderson: Mr. Mayor I make a motion we approve the conditional use permit for the
24,560 square foot office building and equipment yard in the Midvalley Business Park
for Hubble Engineering.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the conditional
use permit on item number seven. Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, AYE. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
8. DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS VILLAGE
SUBDIVISION:
9. ORDINANCE #818 - ANNEXATION AND ZONING OF THOUSAND SPRINGS
VILLAGE SUBDIVISION:
Corrie: Shari, comments on the development agreement?
Stiles: Mr. Mayor and Council, I'm also unaware of that development agreement has
been signed by the applicant.
Corrie: Mr. Clerk, has that one been signed by the Thousand Springs Village
Subdivision?
Berg: Mr. Mayor, I do not have a signed copy of the development agreement by the
applicant.
Corrie: Mr. Gigray, any comments about this?
Gigray: Mr. Mayor and members of the Council, as you recall my advice on these
matters would be that you would withhold any action on passage of the ordinance until
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you get a signed development agreement because a condition of the annexation and
the zoning designation is the signing of the development agreement and I believe we
have prepared an ordinance for your consideration on this annexation and zoning
designation but I wouldn't recommend you pass that until you have a signed
development agreement.
Bentley: Mr. Mayor I would move we table items 8 and 9 for Thousand Springs
Development pending the signature of the development agreement.
Rountree: Second.
Corrie: Motion has been made by Mr. Bentley second by Mr. Rountree on items 8 and
9 to be tabled until April 6th meeting which entails the development agreement and also
the Ordinance #818. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
10. DEVELOPMENT AGREEMENT FOR 8.51 ACRES BY JOHN GOADE (SOUTH
OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE AND TEN
MILE):
11. ORDINANCE # - ANNEXATION AND ZONING OF 8.51 ACRES BY
JOHN GOAD:
Corrie: Mr. Gigray, you have some comments on this one?
Gigray: Mr. Mayor my comments would the same as the last. I believe this also
involves an annexation and zoning ordinance in addition to a development agreement
and I would have to inquire as to the status of the development agreement.
Corrie: Mr. Clerk.
Berg: Mr. Mayor I do not have a signed development agreement.
Bentley: Mr. Mayor I move we table items number 10 and 11 for John Goade
development until we have the signed development agreement to 4/6.
Anderson: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to table items numbers 10
and 11, which is the development agreement and also the ordinance # until April
6th meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
12. APPEAL OF PLANNING AND ZONING COMMISSION'S RECOMMENDATION
TO ADA COUNTY DEVELOPMENT SERVICES BY BRENT E. BARRUS:
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Corrie: Shari, you're up first.
Sties: Mr. Mayor and Council, this was an application that was referred to us from Ada
County as our Comprehensive Plan has a policy in it that we do not allow less than five
acre lots within our area of impact unless they're hooked up to sewer and water. We
sent the letter at the recommendation of the Planning and Zoning Commission to deny
their application.
Corrie: Mr. Barrus, are you here this evening?
Aiello: I'm not Mr. Barrus, but I'm here representing him. My name is Michael Aiello,
and I live at 5720 W. Overland Road. When we brought this - what we did was we put
in an application for rezone to R-1 to Ada County Planning and Zoning, and they turned
us down based on Meridian City's recommendation that they not allow us to do that.
We currently have an appeal pending with the Ada County Commission. Basically the
Ada County Planning and Zoning was in favor of doing it except for the fact that
Meridian City was against it and because their plan coincides with Meridian's
Comprehensive Plan, they did vote against it although it was a split vote. However the
general feeling was that since Meridian City is requiring us to have sewer and water, but
has no plans at this time to get sewer and water, it's on the south side of the freeway on
the bench and I guess one of the Planning and Zoning Commissioners called Meridian
City and asked when any of that was in the plan to get it sewer and water on that side of
the freeway and it was not in their ten year plan. Because the cost involved apparently
was going to be prohibitive to do that to get it on the other side of the freeway plus up
that hill. (End of Tape)
Aiello: ...1 guess what we're asking for is a variance to that so that we can go to the
Ada County Commission and if not a favorable ruling from Meridian City at least not a
negative one. What we - this is my father-in-Iaw's property. What he wants to do is
subdivide it into four maybe three lots depending on how things shake out. Most of the
buildings in that area, if you look at that one mile strip along Overland Road on the
south side of the freeway, all of the property there is zoned R-1 except for my father -in-
law's property. The property just to the north just to the east and the two just to the
west, everything else is zoned R-1. We've talked to Central District Health about the
possibility of septic and water and they said without even doing any research they could
grant us three lots for sure. Four they would have to look into it and wouldn't know if
they would have to do a study, but that would be another time. Also in reviewing the
minutes from the Meridian City Planning and Zoning, what their ruling was on this, I
guess there was some confusion as to why there was no final plat. Ada County does
not require that you do that on a rezone because of the cost involved. It was much
cheaper for us to just go with that, so we put in a preliminary plat what our idea is
basically if we were to get the rezone, we would submit a final plat later again which
Meridian City would have to approve and so we would like to be able to do this. The
reason my father-in-law is doing this, he wants to subdivide is A, he's getting older.
He's in his mid sixties, and the land is getting difficult for him to maintain. Plus he's
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providing for it for my family, my brother-in-Iaw's family so that we can be close so that
we can have our family close together and to be able to provide us frankly with some
property that would be affordable for us to have and to be able to build homes on it. I
guess basically all I have to say and we would like Meridian City's if not
recommendation at least not a negative on that. Thank you very much.
Corrie: Excuse me, spell your last name.
Aiello: Yeah, it's not A-I-e-I-I-o. I'm surprised at you Will. I used to call you all the time.
Corrie: Okay, thank you very much. Counselor, you want any input on this one? I
guess the evidence that's presented here the Council has to decide whether or not the
recommendation appeal is in error. Is that correct?
Gigray: Mr. Mayor and members of the Council, on this agenda item my review of the
ordinances in question it appears that for this appeal you would have to determine that
there has been an error on the part of the Planning and Zoning Commission in their
recommendation. As I read the file which is part of the record of this matter, it appeared
that the letter which was sent dated January 21, 1999 by Shari Stiles on behalf of the
Planning and Zoning Commission rest the objection to this on page 29, under the
heading land use of the Comprehensive Plan of the City of Meridian. So in this
particular instance it would seem that the applicant on appeal should make some kind of
showing to this Council that the Commission has errantly read or errantly reported the
provisions of its Comprehensive Plan in opposition to their proposed development. I
have included in a memo to you just an overview of items that are in the file and I've
also in that memo for agenda item number 12 provided the relative ordinances of the
Ada County Code relative to amendments to their Comprehensive Plan and their zoning
ordinance which requires in your impact area that they refer it to you, and then the Ada
County Code 9 851 which is their definition for an estate residential zone, which is what
I understand applying to have this rezoned as.
Corrie: Council, questions? Discussion?
(Inaudible)
Barrus: Maybe some clarification - My name is Wesley Barrus. I reside at 5545 W.
Overland. We see a little conflict and I don't know if it resides in the City or the County
at this point. Our neighbors three lots down directly after the city had annexed this
property were allowed to rezone their property to an R-1 and that might - I just wanted
to put that towards as well so that you're aware of that. It was the McCoy piece. I don't
know if anybody recalls it. But I would like to bend your ear a little bit. This is where I
want to raise my family. I like this community. I've been here for all my 29 years.
Dad's been gracious enough to let us look at this property, and I would like to ask your
support in this. Thanks.
Corrie: Thank you. I guess the question here Council was the Planning and Zoning
Commission in error when they stating that they were in the difference to the opinions.
Meridian City Council
March 16, 1999
Page 16
Rountree: Mr. Mayor having just heard what I just heard, I have a question for Shari
about there's been a fairly recent rezone, since '93 the passage of our Comp Plan on an
adjacent property within the county. What would have been the justification for that to
have moved forward? What was the City's position on that and what's the difference
between that and where we are now?
Stiles: Mr. Mayor and Council, Councilman Rountree, I'm not aware of what that project
was. I've been here five years and have not been made aware of that application
coming across my desk. I know at least since '97 when we finally did get Ada County
Commissioners to adopt our area of impact, we have been consistent in every case to
require the five acre minimums.
(Inaudible)
Corrie: Council have you heard enough you think?
Bird: I'd it clarified.
Aiello: I'm Michael Aiello, 5720 W. Overland Road, what happened was with the
McCoy's they own the piece of property three lots to the west. They had put in an
application for a rezone and subdivision with Ada County prior to our area falling within
the city impact area. As soon as that went through, I believe it was September of '97
that went through. Ada County said prior to that, they said no that you couldn't do this,
but once it came in with Meridian City, Ada County went ahead and moved on their own
as far as I know, and I don't think Meridian City was ever contacted, but I don't know
that for a fact, but I know it went right through Ada County and it was approved in
December of '97 from Ada County.
Corrie: I don't recall it. It could be, the County does strange things sometimes. Okay.
Rountree: Are we just taking discussion Mr. Mayor? Timing is kind of critical I guess on
this particular issue and factors in what appears to be some unfairness for the applicant,
but it seems that this particular piece of property now is in the Meridian Area of Impact,
and subject to an agreement that we do have with Ada County as it relates to impact of
development within the county and within our impact area. I don't see any evidence by
applicants that would change or say that the Planning and Zoning decision was in error.
I'd like to be able to work with these folks and I think we have a window of opportunity to
do that given we're in the process of amending our Comprehensive Plan that may
accommodate these kinds of requests in the future, but given the Comprehensive Plan
that we have by ordinance established now, I don't see any way to take any other
different position other than the position of Planning and Zoning as presented to us.
Corrie: Thank you. Any comments?
Bentley: Mr. Mayor I too would have to concur with Councilman Rountree. I don't see
any other action that we can take at this time on this.
Corrie: Any other comments? I'll entertain a motion for the attorney to prepare the
proper order of decision that you make.
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Meridian City Council
March 16, 1999
Page 17
Gigray: Mr. Mayor and members of the Council, in this particular instance you could
move to either find error and therefore grant the appeal and direct that a new letter be
sent to the Ada County, or you could move to deny the appeal of no finding of error and
then so notify the county and we prepare the order, either way.
Corrie: Hearing no further discussion, I'll entertain a motion on your decision.
Bentley: Mr. Mayor I move that the Council of Meridian deny the appeal of the Planning
and Zoning's recommendation to Ada County and instruct the city attorney to prepare
such a letter.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to deny the appeal based
upon no error made by the Planning and Zoning Commission. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: I have here that such input from the City shall not be binding or controlling on
the County, but shall be treated as a documentary evidence, so again how they treat
that is up to them. But it's against our Comprehensive Plan as far as the area of impact
was given to us by the County Commissioners at that time.
Unidentified: I guess the problem we have though is that Meridian City in their letter
threatened to lock the subdivision (inaudible) through the County, and if it goes through
the County, are we going to be sitting here in six months doing this all over again?
Corrie: I can't answer that. I don't know the answer.
Gigray: The City if it's in the impact area, the City does approve plats. The final
approval is by the County, but it's in the impact area and the City would have to give its
blessing to it, but that's another day and that isn't something that you can prejudge at
th is point.
Corrie: And Mr. Rountree did mention that we are in the process of working on the
Comprehensive Plan and it could be within a year that it could be changed.
13. FINAL PLAT FOR THOUSAND SPRINGS NO.3 SUBDIVISION BY FARWEST,
LLC - NORTH OF VICTORY ROAD AND WEST OF EAGLE ROAD:
Corrie: Shari, comments from staff?
Stiles: Mr. Mayor and Council, you have our comments dated March 16th, 1999. Ms.
Bowcutt was kind enough to be able to respond today. She has agreed to all of our
requirements. The development agreement that was previously approved for this
subdivision had not exactly errors, but we needed some clarifications on those. I
believe this has already been recorded. Has this been recorded? No, maybe it hasn't
been recorded yet. There were some items if I could speak to these as part of this final
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Meridian City Council
March 16, 1999
Page 18
plat, one of the requirements that we had initially was on the perimeter fencing. We had
required I believe it was in the development agreement to require non-combustible
perimeter fencing and the only place that we really needed that was along the
Ridenbaugh Canal. That one item. Another item was the pedestrian bridges to be
constructed over the Ridenbaugh Canal. As Ada County Highway District is the agency
responsible for overlooking the construction and inspection of those bridges, they have
asked for deposits for half the cost of two of those pedestrian bridges, and they will not
be constructed until each side pays their share. Also there was condition that the
Ridenbaugh Canal vehicular bridge be constructed prior to obtaining either building
permits or occupancies, and as the waters in the canal now, they're not able to
construct anything until next spring, and they would like to be able to bond that with the
Highway District, and perhaps Ms. Bowcutt could go over if there are any changes
besides that, but those are the primary changes that I was made aware of by the
developer as requesting a change on the development agreement. It would have been
items J, I believe it was J and L on the original development agreement. The
development agreement I have in my packets seems to be different than the one I
looked at today with the secretary for the attorney.
Bowcutt: I'll try to clarify this. Becky Bowcutt, Briggs Engineering, 1800 W. Overland.
In the past with the development agreements we used to wait for your staff to prepare
them. As the development applications, the numbers increased and their work load
increased, it became one of those items that was easy to set aside but yet you couldn't
proceed forward without that document getting obviously the approval of City Council
and getting it recorded. We worked out a system with Shari and Mr. Crookston in the
past where we got a copy of the format which they were happy with and we would use
that format and basically do all the work and put in all the information that was required
as far as what our conditions of approval were, any motions made by the City Council
that had to be incorporated as part of those binding conditions of approval. The system
seemed to work quite well. Mr. Gigray has come into the process and he has some
excellent suggestions and he's changed the format a little bit. He and I did talk over the
phone and I said what's happening now, we're submitting these drafts under the old
format because we had not been able to obtain the new format. They go to his office,
and we're not getting those documents before you and getting them recorded. I've got
plats sitting in Gary's office that it needs a development agreement instrument number.
That's the only thing it is lacking, and this is the development agreement. Mr. Gigray is
included the staffs original comments in there, but as you well know when we come
before you there are particular items that you make in your motion modify and those
were not incorporated into the document even the document had been prepared for my
client's signature. I recommended that he not sign the document, because it bound him
to the original staff conditions, which were fine with the exception of three or four items
which you in your motion revised. So we need to try to implement a process to make
this as easy as possible for your staff. I still have a proponent of we prepare the
document, it goes through Shari, it goes through your attorney, it can go to Will. He can
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Meridian City Council
March 16, 1999
Page 19
verify what's on the record is in that document, and then when it comes before you it's
signed and ready to go and all they're doing is just doing a quick review. We use what
we call an Exhibit B on all of these and Exhibit B breaks everything out in site specific
conditions tailored for this very project. It works real well. We're happy with it and we'd
like to keep using it so if I could get some support and assistance here so we can start
expediting these. They'll go smoother and use a lot less of your staff's time. Thank
you.
Corrie: Staff comments?
Stiles: Mr. Mayor and Council I don't remember the meeting that this might have
happened. We looked in the minutes where the development agreement was approved
and there were no comments on any changes. Maybe Becky can provide us a date that
Council incorporated some changes to that development agreement. I know that one of
the conditions in the Findings still stated that they would prefer a 57 foot right-of-way for
the roads, but as we discussed it with Council, staff did agree that they would prefer to
see the planting strip and could live with the 50 foot right-of-way provided that that
planting was done by the applicant. So that was one condition that I do recall was
changed and approved by Council that still remained in the Findings. As these
development agreements are written now, the development agreement is - the main
text is there and then attached as Exhibit B are the entire Findings for the project, but
those are the major issues and they were items that due to the impossibility of being
able to construct the bridge prior to obtaining building permits or certificates of
occupancy the 50 foot right-of-way that was approved with the 22 foot setback from the
back of curb, and it may have been an error. My comments asked for noncombustible
perimeter fencing, it was only intended to be noncombustible along the Ridenbaugh
Canal right-of-way, and I don't know if anything can be done tonight to take care of
those issues. We did get a letter dated February 25th from Becky. I received a copy of
it today. I don't believe I've seen this before, but it was requesting that these changes
be made.
Corrie: Thank you Shari. Comments from staff? Mr. Gigray?
Gigray: Mr. Mayor and members of the Council, Becky is correct. She's made a
request that some changes be made and she's phoned me a couple of times and I have
not phoned her back simply because I have requested that the minutes of the meeting
which she bases her position so we can verify whether or not this was the action of the
Council so that we could then feel comfortable about making the changes. I just can't
verify it at this point in time, and that's why I haven't made the changes. I'm not saying
that she's misstating the facts. I'm just saying that before we start changing these
documents, we're going to go back to the original text of the minutes before we do it.
Our procedure now is that hopefully we're going to receive recommendations from the
Planning and Zoning Commission on these. We're going to ask that staff and then
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Meridian City Council
March 16, 1999
Page 20
developers address those recommendations and then we can limit the discussion. If
there need to be additions or corrections that they should submit those in writing and
then we can eliminate some potential confusion in the future because you do handle a
considerable number of items. The development agreement we always now prepare at
the time you direct we prepare Findings of Fact and Conclusions of Law on an
annexation or a zoning designation. As you will note of recent, that's produced at that
time. And then that is sent to the developer for their review. This particular one may
have come about in September earlier when we were just initiating and getting into this
process and maybe part of that transition that has been a little bit confusing, but we're
more than happy to look into this and try to straighten this out. I just don't have - I just
can't verify as Shari stated that these changes were actually part of the Council's action.
Corrie: Any further discussion? Hearing none, Council can either I guess you have two
alternatives. You can approve the final plat with the conditions as stated, or you can
table it for April the 6th meeting.
Bentley: Mr. Mayor as much as I'd like to clear this, I think we need to have verification
on what is part of the minutes and part of this development agreement. My estimation
that we're going to need to table this.
Rountree: Mr. Mayor, if in fact the minutes exist and we have taken those actions and
after hundreds of them, they all run together. But I do remember the right-of-way
discussion that Shari brought up. I would think that we could take action subject to our
previous directions as the record would indicate and if the record in fact does indicate
those that Becky is bringing, then we're moving forward and if they don't we're still
moving forward with the conditions that are stated in the development agreement as it
sets.
Corrie: Any further discussion? Okay we got two thoughts here. Which one of them
would like to go?
Bentley: Mr. Mayor I am going to move that we table this until we get verification of the
minutes to the meeting of 4/6.
Corrie: Okay motion made by Mr. Bentley do I hear a second?
Anderson: I'll second it.
Corrie: Okay, motion made by Mr. Bentley second by Mr. Anderson that we table item
number 13 the final plat for Thousand Springs NO.3 until April the 6th meeting. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION FAILED: 2 AYES, 3 NAYS, MAYOR VOTES.
Meridian City Council
March 16, 1999
Page 21
Corrie: I think probably I'm going to vote no on the motion. I think Mr. Rountree's
approach is probably a little quicker a little better. We got it on record. I think all we
need to do is make sure that those conditions are there and the record is on there, and
then we can approve it with those conditions so I'll entertain a motion to that effect and
see where that one goes.
Rountree: Mr. Mayor I move that we approve the final plat for Thousand Springs NO.3
Subdivision subject to the conditions of staff and conditions and modifications made by
Council as the record would indicate and that that information be reflected in the
development agreement.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve with the conditions
in the record of the development agreement as stated. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 NAY.
14. FINAL PLAT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION BY GEM
PARK II - EAST OF LOCUST GROVE AND NORTH OF VICTORY:
Corrie: Shari, you're first.
Stiles: Mr. Mayor and Council, you have our comments dated March 15th, 1999. We
have received a response from Ms. Bowcutt. She has agreed with the majority of our
comments. However we have asked for some additional soils testing. She has
submitted a letter, but it is not enough information to satisfy our Public Works
Department and we do ask for additional soils testing at that site. Otherwise she agrees
to all the conditions. We have no problem with this going forward and I am not sure if a
development agreement has ever been prepared for this. Has it? Sherbrooke Village?
Ms. Bowcutt has submitted one. I don't believe it has been acted on by Council. I'm not
aware that City Attorney has prepared his own development agreement.
Corrie: Mr. Clerk do you have that development agreement in your files?
Berg: Yes, Mr. Mayor, I do have a copy of the development agreement in my packet.
You should have one in your packet also. It does look like the old format.
Corrie: Ms. Bowcutt, do you have any comments on Ms. Stiles - (inaudible) Any other
discussion from Council?
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Meridian City Council
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Page 22
Bentley: Mr. Mayor I have a question for Shari. My understanding you haven't seen the
development agreement?
Stiles: Mr. Mayor and Council, Councilman Bentley, we did get one submitted. Becky
did submit a development agreement. However we don't have one prepared in our
current format for this particular subdivision. This subdivision was the majority of this
subdivision was annexed as the Sherbrooke Village Subdivision. I believe we do have
a Sherbrooke Hollows Subdivision development agreement, but this other new annexed
portion was not under that development agreement.
Bowcutt: On the check list for final plats, it states all the items that we must submit for
your staff's review. On that checklist is a copy of the development agreement, and so
for quite a while we submitted them at that stage. Now with your new procedure where
they're being prepared as you're annexed, we've got some of these hold overs that they
went through the process prior to Mr. Gigray so these development agreements need
wrapped up. This particular project is subject to two development agreements. One is
already recorded and in place. The other one I submitted with the final plat to go to your
staff for their review and comments. Thanks.
Corrie: Any other staff comments? Mr. Gigray you have a comment?
Gigray: The only thing I would say is that my familiarity with development agreements
are part and parcel of an annexation actually part and parcel of a zoning designation or
rezoning, and so this must have some history that would predate our administration,
because I wouldn't be doing it as part of a plat. So I would defer to Shari as to whether
the conditions are appropriate or not.
Stiles: Mr. Mayor and Council this may have been during the transition. I'm not real
sure the time frame. I've been talking with Mr. Gigray and we're trying to come to some
consensus about when to require these and when to not. It's getting to the point on
these plats, we've got such a hold on them anyway that unless there's some really
unusual requirements for the annexation that we can take care of everything just
through withholding building permits. They can't even get a final plat signature until
they bond for virtually everything and have a recorded development agreement so
hopefully in the future you will be seeing a lot less of these development agreements.
Corrie: Any other comments from Council? Hearing none, I'll entertain a motion on the
final plat for Sherbrooke Hollows No.3.
Anderson: Mr. Mayor I make a motion we approve the final plat for Sherbrooke Hollows
No.3.
Rountree: Second.
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Meridian City Council
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Page 23
Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the final plat
for Sherbrooke Hollows No.3. Any further discussion?
Bentley: Mr. Mayor, should that include the signing of the development agreement?
Corrie: Do you want that - I don't think it's necessary, but (inaudible) _
Stiles: I believe it was part of the initial Findings. This project did have a requirement
for a booster pump installation too, which is a little different, but they're aware of that
requirement and intend to comply with that.
Bentley: Thank you.
Bird: Mr. Mayor, what conditions - what was in the motion? General conditions?
Anderson: Subject to the staff conditions.
Bird: Okay.
Corrie: Motion is made to approve the final plat of Sherbrooke Hollows No. 3 approval
with the staff conditions. Any further discussion? All those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor I move we take a ten minute break.
Corrie: We've got one more final plat. Let's do one more and then public hearing.
15. FINAL PLAT FOR TUMBLE CREEK NO.3 SUBDIVISION BY STUBBLEFIELD
CONSTRUCTION COMPANY, INC. - USTICK ROAD, WEST OF LINDER
ROAD:
Corrie: Shari.
Stiles: Mr. Mayor and Council, hopefully you have our comments on this project. I don't
seem to have my packet here. I'm looking in the wrong file. OUf comments dated
March 12, 1999. We have received a response from the applicant's representative.
They have acknowledged all of our comments and indicate that they will comply. This is
the third phase on Tumble Creek Subdivision just north of the proposed Turtle Creek
Subdivision. This particular phase will have a stub street going into Turtle Creek and I
have no problems with this plat.
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Meridian City Council
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Corrie: Bill, do you have any comments that you want to make or any additions or
corrections? Any discussion of Council?
Rountree: I have none.
Corrie: Hearing none, I'll entertain a motion on the final plat for Tumble Creek No. 3
Subdivision.
Bird: Mr. Mayor I move that we approve the final plat for Tumble Creek NO.3
Subdivision by Stubblefield Construction Company with staff comments.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the final plat Tumble
Creek No. 3 with the conditions and comments of staff. Any further discussion on
Tumble Creek NO.3 final plat? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: I'll entertain that motion now Mr. Bentley.
Bentley: So moved.
Corrie: Motion made and second we have a five minute break. All in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay, I'll reconvene the City Council meeting.
16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14
ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER
OF MERIDIAN RD., AND USTICK RD:
Corrie: At this time I will open the public hearing and ask staff comments on the request
for annexation and zoning.
Stiles: Mr. Mayor and Council this is a request for annexation and zoning with two
separate zoning designations. One would be the R-4 and the other would the L-O.
That is where the church is located. We have requested that a development agreement
be required for this. We have asked what the reason for the annexation was. We've
been told by the applicant's representative that they desire to be a part of the City of
Meridian. However they take exception to some of our ordinances and do not want to
provide sidewalks or tile the existing ditches. There's also the issue of the existing
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Merid ian City Cou ncil
March 16, 1999
Page 25
house that is in the right-of-way at this time. Staff recommendation was that it be
removed. The Planning and Zoning Commission's recommendation was that it should
be allowed to stay until Ada County Highway District constructs the roadway at Ustick.
Those are the major issues as we see them. I saw that we had a memo from Gary
Smith saying that if the two existing structures haven't been connected to sewer and
water, that needs to be done and we still feel the tiling of the ditches is appropriate to
request at this time.
Corrie: Okay thank you. Gary, comments?
Smith: Mr. Mayor and Council members, I don't have any comments other than the
interoffice memo that I passed out. I think you have that in front of you this evening.
Unless you have any questions of me on those comments.
Corrie: Okay this is a public hearing. I invite anybody who would like to testify in this
request in favor of the annexation and zoning to come forward.
PAUL HOFFMAN 3235 MOUNTAIN VIEW DRIVE, BOISE, IDAHO
Hoffman: Hello again. I'm trying to make this easy and clean as possible. I'd like to
respond to a couple of the items. I'm looking at the staff report and the
recommendation from Planning and Zoning. As you can see we're looking for two
different zones. The church is permitted by right in the L-O zone. We requested the R-
4 zone based on the conversation with the planning staff and I hope I'm not in error on
that, but the fact that there were two dwellings, residential dwellings there. The legal
descriptions requested were submitted prior to the Planning and Zoning meeting. If
they need copies, I'd be happy to provide them. In fact I brought copies. In terms of the
home, I think the Planning and Zoning staff was convinced, let me back up. We met
with Ada County Highway District, a gentleman there, Mr. Steve Snead who is no longer
employed by Ada County Highway District. But he stood before Planning and Zoning,
and he recommended to them that the church not put in the sidewalk at this time until
such time as the road is widened and improved. Furthermore the former owner, Bob
Strausser, placed a bond with Ada County Highway District for sidewalk all along the
entire Meridian Road frontage, so the cost of those improvements or at least at the time
or the estimated cost has already been placed in the form of a bond with the Ada
County Highway District and Ada County Highway District is saying don't put the
sidewalk in. We'll probably have to move it. The same logic and I'll get down to it
applies to the ditch that runs parallel to Ustick Road at that point. Also the former owner
entered into an agreement with Ada County Highway District that at the time that the
road is widened that the building would be moved that ACHD would bear the cost of
moving that building out of the right-af-way. One of the requirements relates to that
right-of-way and from the planning staff, they're recommending that the full I think it's 40
foot right-of-way or 45 be dedicated to Ada County Highway District and in fact it was in
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Meridian City Council
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Page 26
1995 with Strausser Farms Subdivision No.2, copy of that plat I have here all but the
last 226 feet which is the frontage of the lot one on the corner and the reason it was not
annexed is because of that building. ACHD did not want to accept the right-of-way or
the expansion of the right-of-way until such time as the building was relocated. The
owner of the property has no objection to granting the right-of-way. You know we just
look to ACHD for that. Anyway, here's a copy of that and here's a copy of the
description. In terms of the irrigation ditches, I have not specifically requested a
variance on behalf of the owner. Perhaps I have been remiss. Maybe I don't
understand the process. I guess I assumed that a variance request wouldn't make
sense until such time as it was actually under the jurisdiction of Meridian City, and
maybe I'm in error. The Ada County Highway District has stated in the same vein as
the sidewalk they would prefer us not tile the ditch running parallel with Ustick Road
until such time as the road improvements go in. Because they're going to have to move
them anyway. If we tile the ditch where it is, it would be under the roadway and they
would want to move it out of the roadway. (End of Tape)
Hoffman: ... that parallels the south, parallels Ustick Road on the south frontage, that
would be our position in keeping with ACHD's recommendation. Now, there is also an
interior raised concrete ditch that is actually above grade that intercepts a ditch that runs
along-another raised ditch that runs along the sidewalk of Meridian Road. So it comes
down into the property and heads west for some distance. Again, that is raised and Ada
County has already written a letter to me stating that they wouldn't require us to fence
ditches, that was one of the conditions of the conditional use when we did the church
because of the fact that the ditch is raised and it's doesn't pose a hazard. Furthermore,
the church spent or installed about 550 feet of piping to intercept that particular drainage
ditch in the area of the site that they developed. They will submit to you as the site gets
further developed that would continue and they would pipe more of that ditch, but it
does not seem to pose a hazard at this time. So if a variance is required on the ditch,
fine, that would be-the church wouldn't object to applying for that, but they would like a
variance. The existing residential units are already connected to the sewer system,
they are not connected to the water system. The owner has no objection to making that
change as requested. I think that addresses all the conditions that either the staff
comments or Planning and Zoning recommendations.
Rountree: Would the owners of the property be willing to bond for the ditch tiling that
would be adjacent to Ustick? I can understand why ACHD doesn't want it tiled,
because when they acquire the right-of-way and widen the road, they would have to
replace the tiled ditch. If it's not tiled, then they are going to replace an open ditch. Our
intent with that and the city is that be closed. So again, would the owners be willing to
bond for that?
Hoffman: I'm going to answer that in two ways, if I may. The clean answer would be
probably. I haven't specifically asked them that. The money answer is I have not been
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Meridian City Council
March 16, 1999
Page 27
able to establish, in fact right now, there is nobody who owns or operates that ditch. In
fact, most of that ditch from the corner or Meridian and Ustick to the point where we
intercepted the irrigation water is merely a drain that is under nobody's jurisdiction per
say and about the only time there is water in it is either at the high irrigation season, or
maybe when it's raining quite a bit. It seems to be that the water level keeps dropping
as less and less farm land is irrigated. I realize that-I don't know the law on this on
whose responsibility or who owns that ditch, I've been told that because it's on the
property of the church that it's their responsibility, which may very well be the case. I'm
sure they would consider bonding for those improvements, but I think they would want
to feel more comfortable with whose responsibility it truly is. If it's Ada County Highway
District or the property owner, because the right-of-way has actually been deeded to
Ada County, in fact that ditch is now within that deed. It's not merely an easement.
Rountree: So they own it.
Hoffman: That would be my take on it.
(Inaudible)
Rountree: Thank you.
Corrie: Does anybody else wish to testify in favor of the project? Anybody who would
like to testify against the project? Any questions the council needs to ask of anybody?
I'll entertain a motion to close the public hearing on Item No. 16.
Anderson: So moved.
Bentley: Second.
Corrie: Motion made by Mr. Anderson, seconded by Mr. Bentley to close the public
hearing on item no. 16 request for annexation and zoning by Paul A. Hoffman. Council,
questions or discussion on the request for annexation and zoning? Hearing none, I will
entertain a motion to either continue the public hearing or accept the recommendation
of the Planning and Zoning Commission or modify the recommendations.
Anderson: I would just throw out for discussion that it seems like the issues that Paul
brought up are very valid ones. I think they have merit to them and I don't know if staff
has anything else that they want to add on why we would not want to look at some of
those.
Corrie: Any other discussion on comment?
Bird: I have none.
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Meridian City Council
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Corrie: Mr. Anderson do you want to modify the recommendations anyway or continue
the public hearing?
Anderson: I guess I would like to see staff work on modifying some of those conditions
based off of the information that Paul presented to us tonight. I guess in particular the
issue about the sidewalks and the ditch. It doesn't make any sense to put those in if
Ada County Highway District is telling us that they would just as soon not have them in
at this point.
(Inaudible)
Bentley: I would agree with Councilman Anderson. We've run into this before with-I
don't know why, it seems to (inaudible) up with the churches. We get the sidewalks put
in and they are in the wrong place and they wind up being ripped back out. If ACHD is
stating that they don't want to-prefer we didn't have them put in at this time, then I feel
the same way Ron does and definitely don't want to be tiling a ditch in the middle of a
road. I would agree with what he is saying there.
Corrie: Mr. Gigray any words of wisdom on how they would approach that?
Gigray: Mr. Mayor and members of the council, I'm looking at the recommendations to
the City Council from the Planning and Zoning Commission item 1.88 at page 4 says
provision for pedestrian walkways five foot sidewalk, five foot wide sidewalks along
Meridian Road and Ustick Road as well as through out the development. The sidewalks
should not be required until widening of the road occurs or within a five year funded
project. I guess that might need some clarification as to whether or not that would be
required within five years or at such time as the road is widened. There isn't a bonding
provision in there for that and as far as legal liability with regards to ditches, the land
owner in Idaho has the right to reconstruct or move ditches to different locations so long
as they don't impede the flow of the water. I suppose this is an issue with regards to
what you are going to require as a development amenity for granting the zoning request
and the annexation. If the applicant could establish factually that they didn't have a
legal right to do anything to the ditch, then that would be relevant evidence to that
question.
Corrie: If I'm hearing right, it's 1.88, you could strike out to within a five year funded
project and make that sidewalk should not be required until widening of the road occurs.
Gigray: That would be correct.
Bentley: The question would be should we require bonding for that or does this
statement stand alone?
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Meridian City Council
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Gigray: Mr. Mayor and members of the council, if you wish a response just from a
staffing standpoint, a legal standpoint. The problem-there are remedies available to
the city by a development agreement. I think part of the recommendation from the
Planning and Zoning Commission was to have a development agreement. A
development agreement provides for de-annexation for failure to comply, it also
provides for a specific performance remedies, would even be some provisions in our
development agreement for bonding as it relates to putting in of improvements that
could be dealt with I would think at a staff level with regards to what would be allowed.
You will need to open the public hearing and...
Corrie: Public hearing reopen it, but because the testimony has already been done and
closed.
Gigray: My point is just what you would want to require in this regard, what you would
find. If you don't feel comfortable with it you can continue it, I don't think we are under
any time-this is the first time this has been back here and request that the developer
and staff need to see if a couple of these points could be worked out with a subsequent
presentation of public hearing at the next council meeting, which it would just continue
the public hearing, wouldn't have to re-notice it.
Bentley: In that case we would have to re-open the public hearing.
Gigray: Yes, before you close this evening.
Bentley: Is time an issue?
(Inaudible)
Bentley: I would move that we reopen the public hearing.
Rountree: Second.
Corrie: Motion made by Mr. Bentley and seconded by Mr. Rountree to reopen the
public hearing, further discussion? Hearing none, all those in favor of the motion say
aye?
MOTION CARRIED: All ayes.
Corrie: Public hearing is re-opened.
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Bentley: I would move that we continue the public hearing till 4/6/99 and instruct staff
and Mr. Hoffman to get together and see if we can't work an agreement on some of
these issues.
Bird: Second.
Corrie: Motion has been made and second to continue the public hearing until April the
6th, any further discussion? Since it's still on the public hearing (inaudible) does that
meet with your approval of a two week period then? Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Public hearing will be continued to April the 6th on item no. 16.
ITEM NO. 17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
10.02 ACRES FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN
HOLLISTER:
Corrie: This has been a request by the-I believe by Becky Bowcutt--excuse me, I must
open the public hearing in case we have somebody who would like to testify on this. So
at this time I will open the public hearing on item no. 17 and is there anyone from the
public who would like to testify at this time? I'll entertain a motion to continue the public
hearing on item no. 17 to April the 6th.
Bird: Mr. Mayor I move that we continue the public hearing on the Yukon Subdivision
by James and Karen Hollister until the meeting of 4/6/99.
Anderson: Second.
Corrie: Motion made by Mr. Bird, seconded by Mr. Anderson to continue the public
hearing on item no. 17 until April the 6th. Further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Item no. 17 the public hearing will be continued to April the 6th.
ITEM NO. 18: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE
GARAGE AND TWO TRAILERS IN THE BACKYARD OF ROBIN WALKER D/B/A
JUKEBOX PARTY EXPRESS-821 E WILLOWBROOK:
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Meridian City Council
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Corrie: AT this time I'll open the public hearing and ask for staff comments and...
Stiles: Mr. Mayor and Council, this application was submitted in response to some
enforcement activity. We were forced to undertake due to complaints that we had
received. He has been served and I believe gone to court. I don't know if a final
decision has been rendered yet or the sentencing for that use. It involves what is called
an Orbitron and various other fairly large item that are stored in his backyard taken out
with a trailer by his own testimony over 250 times was just for some kind of service. He
stated he had done over 250 services that were done for alternative entertainment for
schools and youth groups and so forth. The problem is large trailers backing up,
loading equipment, taking them to the sites. The comments that were done, were done
by Brad Hawkins-Clark. His determination was since we couldn't find anywhere to put
it, the closest thing it could be classified was an outdoor storage facility and staff is still
not in favor of this application.
Corrie: Since this is a public hearing, is there anyone from the public who would like to
issue testimony in favor of this request of a conditional use permit.
ROBIN WALKER, 821 E WILLOWBROOK, MERIDIAN, 10.
Walker: We applied for the conditional use permit. We were contacted by a gentleman
by the name of Joe, I don't know his last name, he's an enforcement officer. At the time
we had parked some of the entertainment equipment in the street and he came and told
us that there had been some complaints and he would like them moved out of the
street. So we moved them out of the street and a few days later, a couple weeks later,
or a month later, he said you have to have it back, even with the front of the house in
order to have those trailers here. We've had some more complaints on that and I said
okay we can do that. So we moved the trailers back even with the house. Another
month or so went by and Joe come back and said actually those pieces of
entertainment have to be behind the fence and so we went ahead and moved them
behind the fence. He came back again and said you need to apply for a conditional use
permit. We said well, right now is-contact us I think in November, October, which is
our slow down period and we didn't have a lot of income. We said we would do it as
soon as we can. He contacted us two or three times and finally we-I guess they cited
us and then we went ahead and applied for it. We finally found the funds to make that
work in December and we applied for the conditional use permit. The nature of our
business is that we don't do any of the entertaining or anything on the premises. We do
a lot of activities with the schools and church groups, and youth groups and we do much
of that as a service. We probably do more than 250 shows a year. Mainly those shows
do not require the trailers, they require equipment, sound equipment out of the garage
or have sumo wrestling suits that go out of the garage. My guess would be that those
trailers go out maybe once a week, probably not that much, because we are very slow
during the winter. Maybe once a week during the summer. There are some weeks
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when they go out more than that, but on an average I would say that once a week would
be a lot. The trailers are, one is about five feet wide and about seven feet long and the
other one is 18 feet long and eight feet wide. They are parked behind the fence to try to
be in compliance with the conditional use permit. We have lived there for some time,
we didn't own the home until November of this year. First of all, I would apologize to-
as a matter of fact we have apologized to most of our neighbors and let them know that
we are sorry that we were renting that property. The people who previously owned it
didn't want to paint it, they didn't want to do anything on the yard or anything like that.
As soon as we knew we would take ownership, we painted the house-or at least had a
hope that we would take ownership. We've put gravel along the side there so we can
park the trailers there with no problem. IN the back where the trailers are parked.
We've put a lawn in the front and back. We've done-we are putting a fence around the
other side, which is another improvement, we haven't got that completed, but we are
working on that piece by piece. So we are trying to improve the situation. Joe the
enforcement officer said to me boy this guy must really have it hard for you because he
keeps calling he must really hate your guts for some reason because he calls all the
time and is picky about everything. So he at first didn't even advise us we needed a
conditional use permit. So the fact that we didn't apply for one until he issued a citation
or they issued a citation really isn't applicable because like I say there was never even a
suggestion of that until much time had gone through. There were several comments in
here by staff that we addressed at the other meeting with the Planning and Zoning. I
don't know if we need to go back over those, but basically we don't have any employees
on the premises, they come-we do have some employees that are very part time on
an as needed basis. They come by, pick up the equipment, go out and do the party or
the entertainment and then they bring it back and drop it off. We don't have any-we
don't turn up our sound equipment as I made mention before-one of our neighbors has
a son that is a drummer and his drums are certainly louder than any of our equipment
ever is. We don't do entertaining on the premises. We have lots of neighbors in our
neighborhood who have businesses in their home. We took a petition around just to get
a few signatures and half the people on this petition for approval-or allowing us to run
our business out of their home suggested that they run businesses out of their home
and they had no idea that a conditional use permit would be required. At the last
Planning and Zoning meeting they suggested that they only do this on a complaint basis
and that they had lots of complaints and they could not say that they were not all from
the one, same person. If you would like to look at this petition, it's available to you. I
went around our neighborhood and took pictures of different businesses that are
operating in our own neighborhood. There is-again, these pictures are available if you
would like to see them. There is a seal coating company that is through the block from
us and there is one around the corner. There is a plumbing and septic tank business
and both of these businesses have vehicles parked all the way around the outside of
their house. One is on a corner-well, both of them are on corners and they have-one
has four trucks, the other has at least five parked around his place. I've got another
business across the street that is a concrete contractor. He sometimes has two or three
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vehicles around there with the trailer parked in front of the house with forms and so forth
on it. I would point out that first of all that by no means am I criticizing my neighbors,
they are just doing business as I am. Here is a person who has an Hotzy (sic) mobile
unit that is parked along the side of his house. We have two daycares in our
neighborhood. Certainly the daycares have much more traffic than we do. There are
some days that we don't even go out, many days we don't' do that so the traffic-I
mean a daycare if they have got four kids have eight trips back and forth between the
daycare center and back morning and night. Traffic is certainly not a consideration.
While I would go on to say that during the time that we were not owning the home
there-it was an eyesore, and-but I went around the neighborhood today and took
some pictures of lots of places where there is two cars and they are off their axles and
sitting on the ground and here is one with the boat, flat tire and a bunch of garbage
around behind it and here is one across the street that has a trailer, chairs and camper
all kinds of stuff laying out there. Here is a car jacked up with its wheels off. I mean,
this is all just in our neighborhood. Then I went around and took a picture of a bunch of
the places that have trailers and so forth parked out in the front of the house or RV's
parked along the side of the house that is not behind the front edge of the building and
so forth. I ran out of film taking pictures of those. My point is that most of our
neighborhood is out of compliance with at least one or two of these. Even one of my
neighbors on the one side-he has added onto his home, he's put in a deck, he's put in
a hot tub, he's putting a shed back there and I checked with the building department
today and there has been no permits taken out on these things. So I guess what I'm
saying is pretty much the neighborhood flows pretty good unless there is an individual
or two that want to complain about all the situations or any of the situations. Again, I
would suggest that they had a great deal of complaint about how the place looked, but
that was before we took ownership and it was not a business problem as much as it
was a fact of personal residence that was not kept up because we didn't have
ownership. Since that time, since we have taken ownership, we have done all those
improvements. I also check to find out what it would cost us to store our equipment off
premises. We are looking at-if we had just a sheltered storage unit, it would be about
$400, if we had a place for an office and all that sort of thing, we are looking at easily
$1,000 a month, and I guess what I would suggest is that with that extra $400 or $1,000
that we can put back in the premises so we will continue to make those improvements.
If we are not allowed to run our business in our home, which-if we were not allowed to,
certainly our neighbors would have a greater eyesore because we wouldn't be able to
continue to make the improvements that we have. I guess that's it, just the fact that as
far as the things that staff had made comment about, I don't see any of those areas that
we are out of compliance. Yes we have things in our backyard, and yes they do extend
over the fence, but you could go anywhere in our neighborhood from any point and see
at least three or four places that have swings above the fence or sheds above the
fence, or blue tarps over trailers above the fence, or boats above the fence and all that
sort of thing. As far as I can tell we have done everything that we can to make it work
and we do intend on improving the property as we have ownership. We don't-I would
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Meridian City Council
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make one correction, it does say that if there is only two trailers in the back we do have
a dunk tank that we rent out that is 4X4 and six foot high that sits in the back and that is
the only items that are outside. The rest of the stuff is stored in half of our garage.
Corrie: Do you want to enter those pictures as part of your testimony.
Walker: I did have overheads, I don't know if those are necessary, but starting at the
top of the stack is the businesses and it goes down through the eyesores an the other
people that are-the clerk also has some that we turned in I believe with the Planning
and Zoning meeting that illustrated as well.
Corrie: Okay.
Walker: Let me also turn in this petition if I might.
Corrie: Anyone else who would like to issue testimony in approval of this?
BILL CAMPTON, 801 E. WILLOWBROOK, MERIDIAN, 10.
Campton: I live right next door to Robin and Johnny, I've been there for approximately
eight months, we are renting that property. We have recently moved back to the Boise
area after being gone for quite awhile. However, I have owned five houses in my
lifetime, so 1 know what it's like to be a property owner. We live on the side that is the
business end, the swing gate end of Johnny and Robin's property adjoins our property.
In the past eight months, I have observed him continuously upgrading and I would say
beautifying to use in lieu of a better term his property. It's a family run business where
he and his wife who have been married several years and their 12 children in the home
do this family business and with the demands on a family budget with that many
children, there are some things that they can't do. Gradually they have demonstrated
over the eight months that I have lived in the property next door to them the desire to
improve as well as the sensitivity toward their business being out of their home. They
are always checking to make sure that they are not a problem. In the comings and
goings, it's very minimal and as Robin said, it is a blue collar neighborhood where a lot
of businesses are run out of homes. He happens to be the one that has come before
this board and before the Planning and Zoning Commission to work out this and do it in
the proper fashion. There are a lot of businesses just like he said that are running out of
the homes there. It is his desire to be in as much compliance as he possibly can, so I
speak in favor of his request because he is a good neighbor and I have no problem with
him next door. He has never caused any noise disturbance or since he has put up a
large swing gate that covers his equipment, it's never been really that much of a
problem, living next to our on the busy end of the property.
STEVE VIDEEN, 2051 N LARK PLACE, MERIDIAN, ID.
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Meridian City Council
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Videen: Lark is just on the west end of Willowbrook cul-de-sac, the only way in and out
of the neighborhood is on Willowbrook, so I do have to pass this house everyday
approximately six or seven times a day. Sometimes I go home for lunch and so I get an
opportunity to see it all the time. I have to be honest with you, seven or eight months
ago, I probably would've been on the other side of the fence and not in favor of this, but
he has made a considerable effort to upgrade his home for the appearance and make it
look better. As far as the equipment is concerned, I don't find it anymore an eyesore
than some of the RV vehicles, trailers and such that other people have up along side of
their homes. So I'm just here to speak in favor of Mr. Walker and I don't have a real
issue with it. He has made a real good effort to upgrade it.
Corrie: Anyone else in the public want to testify in approval of the request? Okay
opposed?
TROY BROWN, 853 E WILLOWBROOK, MERIDIAN, 10.
Brown: I live immediately to the east of Mr. Walker. I've resided here for 13 years, I
would like to show you some pictures, there should be some pictures in the file, some
transparencies. Just to show you the equipment so you can see why I'm strongly
opposed to storage at this residence. This is just kind of what the equipment looks like.
I just want you to kind of appreciate what it is. Basically I wanted you to see the
equipment that I'm talking about.
(Inaudible)
Brown: Anyway, you can see that there has been an attempted cleanup, although I'm
some what skeptical because of the numerous attempts in the past that have failed.
This hearing is about permitting this residential property which I live next to, to become
in essence a commercial storage facility. That's basically what we are (Inaudible) here.
Equipment for which this permit is being applied for is carnival type rides as you can see
and can not be compared to recreational vehicles or anything else, because it is
uniquely unattractive and eye catching because it simply doesn't belong in the
neighborhood. It can easily and should be stored in an off site storage facility which is
already designated for such use. Although the rides are stored on the side of the
house, they are still visible especially for lengths of time during loading, unloading and
preparation for transport. I recently had my house for sale and while it was on the
market heard numerous remarks from prospective buyers that they really liked the
home, but did not want to live next to the western Idaho Fair. My listing agent and
myself thoroughly believe that this was a major factor in the home not selling. For this
reason, the storage of this equipment has reduced my property value. Along with
problem of turning the residential property into commercial storage facility is the
unnecessary increase in traffic by his own account, 250 trips a year. Brought about by
Meridian City Council
March 16, 1999
Page 36
the frequent coming and goings of the ride operators. Also, often times cars are parked
up and down the street from the operators who drive or ride in these transport vehicles.
The Planning and Zoning Commissioners were split on the decision to pass this, even
after strong and repeated suggestions from the P & Z staff to reject it. I certainly think if
they were the applicants neighbors, it would've never gotten this far. Also it was passed
on the condition that this property is continued to be kept up. What happens if it isn't,
what kind of recourse do I have and how long would it take to get resolved? You have
seen what this place has looked like, I've seen it for ten or so years, however long the
applicant has lived there. The bottom line is that permitting this residential property to
be used as a commercial storage facility is absolutely unacceptable to me and again
this equipment can easily and should be stored in an off site storage facility. Thank you.
Corrie: Thank you, any questions of Mr. Brown?
Anderson: Looks like from the pictures there has been quite a bit of improvement over
the last year, would you agree with that?
Brown: I wouldn't say over the last year, I would say over the last couple months. You
know, basically what we are talking about here is permitting this property to be used as
a commercial storage facility. You know what's going to be next, are we going to permit
a mechanic business to store vehicles in his backyard, just basically the same thing, or
a junkyard, or something?
Anderson: I'm just asking does it look better now?
Brown: Yes it does and again I will say that I'm somewhat skeptical because of
numerous failed attempts in the past. You know these pictures do not look like a renter,
it looks like someone who has absolutely no pride in the property of where they live. It
doesn't look like they didn't want to fix up their property because they were renting it.
To me it looks like they didn't have any pride in keeping the thing up.
Anderson: Is your house across the street?
Brown: My house is immediately next door to the east.
Corrie: I'm missing something here. You have January 1st 1998 there and then you
had another picture when it's cleaned up a year later.
Brown: I believe the one was a February 9th photograph. That was the date of the
Planning and Zoning meeting.
Corrie: There is quite a difference between those two pictures.
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Brown: Yeah.
Corrie: Anyone else like to testify against?
SANDRA SEALY, 802 E WILLOWBROOK DRIVE, MERIDIAN, 10.
Sealy: I've been there for nearly ten years, after my husband retired from the airforce,
we chose to live in Meridian due to the size and positive reputation. Our street was
quiet and everything that we hoped for when we finally bought a home. It was a place
to establish roots for our family. Like most people we take pride in our home and we try
to be a good neighbor. My objection to Mr. Walkers carnival type business is not one of
selfishness, it's not one of an objection for him to make a living for his family, it has
nothing to do with whether Mr. Walker is a nice person with good intentions. It has
nothing to do with what he does for a living. It does however, have everything to do with
the fact that this is a nice quiet residential area and not the appropriate place to operate
a business of this kind. The amusement rides kept on the Walker property are big, they
are noisy and when they are being moved in and out of the area, it's very disturbing.
Many times during the summer months when we sleep with our open windows, the
noise of the rides being backed into the Walker's yard at two or three in the morning
wakes us up. The truck engines race as they try to back the ride trailer over the curb to
park them. I can't tell you how many times this has happened. The large truck and
amusement rides belong in a storage facility away from the residential area. They
certainly can't be considered normal recreational type vehicles. It seems that Mr.
Walker's friends see nothing wrong with having carnival businesses run from this
residence, they are fortunate, perhaps they live a block or two away and they have not
had to put up with the parade of rides moving in and out all spring, summer and fall.
They have not had their sleep disturbed when the rides are returned. Some have not
lived in the neighborhood long enough to see what it really is like during the busy
season. Property values are important to all of us. No one wants to be told by a realtor
that even though there are prospective buyers that love your home, as long as the
business next door is across the street with a yard full of carnival rides, they won't
consider purchasing your property. No one should have to reduce the price of their
home when trying to sell it because of this business. No one enjoys repeated trying to
explain how or why this type of business is allowed to continue in this residential area.
This happens every time friends, family, or acquaintances stop to visit. We simply feel
that this business with it's large noisy carnival type rides moving in and out during the
spring, summer, and fall sometimes lining the street is disruptive and it has a negative
effect on property values in the neighborhood. I assume you are home owners and I
doubt you would enjoy having this type of business across the street from your home.
Once again, this has nothing to do with wanting Mr. Walker to stop making a living for
his family or whether or not he is a good guy. With nice weather approaching and his
busy season getting ready to start, please imagine yourself looking out the window of
your home or sitting on your deck and seeing what we see and hearing what we hear
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Meridian City Council
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all hours of the day's and night as you make your decision. I doubt that you would
approve this carnival type business with it's big amusement rides stored on the property
to be run next to the home that you live in. I respectfully request that the permit be
denied. Thank you.
Corrie: Anyone else?
RANDALL SEALY, 802 E WILLOWBROOK, MERIDIAN, 10.
R. Sealy: This issue isn't about whether or not someone should or should not be given
a chance to earn a living, it's not whether or not he's a hard worker or even how many
people are willing to put their names on a petition. We bought our home as my wife
said in mid 1989, shortly after I retired from the Air Force, because as she said Meridian
is and still-was and still is a place where we wanted to raise our family and hopefully
live the rest of our life. However, at the time we bought our house we had no idea that a
business like this would eventually be operating across the street. I live across the
street from Mr. Walker and one house west. So it's kind of kitty corner. Now tonight
we've heard comments and we've seen photos about the current condition of his
property which appears to be well kept. The only reason though it's currently well kept
in my opinion and the reason it's need is because we've had cooler weather and these
rides and related equipment had not been in high demand as it has in the past. Now
however, now that we are into spring and summer will soon be here, activity will
increase and we will start seeing as in years past regular movement in and out of his
property. To truly appreciate our frustration with this situation which we have been
sitting quietly and watching for the last few years this collection of rides, trailers, dunk
tank, numerous pads, cushions and other paraphernalia that is carried in and out of his
property in a couple of pickup trucks. All one has to do during the busy summer months
is drive down our street and see what we have had to endure. It seems the only time all
the equipment is stored neatly behind the fence as we saw in these photos tonight,
hidden behind the fence is just before a hearing tonight or such as just a month ago
before the Planning and Zoning hearing. Now I take pride in...
(END OF TAPE)
R. Sealy: ... to decreasing property values greatly concerns me as we heard from Mr.
Brown, a neighbor that lives across the street and next door to Mr. Walker, numerous
realtors have indicated that the reason that people shy away from buying a couple of
the houses that have been on the block in the past is because of the Walker house. A
friend of mine who used to own the house directly across from (Inaudible) right next
door to Mr. Walker, a house that is currently being rented, this friend was forced to drop
his asking price some $2,000 specifically because of these rides. I'm sure Mr. Mayor
and members of the council would not condone a business such as this in your
neighborhoods. It's safe to assume that a business like this would not be allowed in too
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Meridian City Council
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many subdivisions, such as Meridian Greens, or the Lakes at Cherry Lane. When we
bought our home, we bought it with the intention of enjoying a peaceful neighborhood
without the prospect of having our property devalued. Now as Meridian grows a
number of alternative storage sights also (Inaudible) facilities that could that could easily
accommodate these rides. Mr. Walker says that he can not afford storage because he
provides the rides to schools and other charity organizations, but with all the traffic in
and out of this property throughout the year, I can only assume there is a facility that
could accommodate his collection at a reasonable enough price. I have absolutely
nothing against someone earning a living, I have nothing against Mr. Walker personally,
but I do feel a residential neighborhood such as ours on East Willowbrook should not
have to suffer the consequences for a business such as this. Again, I respectfully ask
that this permit be disapproved.
Corrie: Anyone else from the public like to issue testimony at this time? The applicant
has one last chance to rebuttal of anything up here. We will give you three minutes
(Inaudible) I know (Inaudible) if they could.
ROBIN WALKER, 821 E WILLOWBROOK, MERIDIAN, 10.
Walker: I've heard everything that has been said by those who oppose it and they have
valid complaints as far as many of those items. The only thing that I might suggest is
that the number of businesses in our neighborhood, as you can see by the pictures that
there are many that are much more of an eyesore than what we have there. In addition
to that there are many neighbors that have cars up on blocks and mechanic type
situations. Those are all in eye sight of my home, so it's not as though we don't have
those things in the neighborhood anyway. We have looked at putting these in a storage
facility. The cost is somewhat prohibitive at $400 a month. We would have to find a
garage area, because our entertainment pieces would obviously attract a lot of kids that
would want to ride it and of course our liability situation would be difficult. So we have
looked at those other options, I've got a brother that owns some property and he's been
willing to let us park them over there, but again, where we can't keep an eye on them
we just can't be certain that some kid is not going to get on there and get themselves
hurt. So we have chosen for the safety to keep them on the premises as well as we like
to keep our cost down obviously so we can put more money back into our home and
family rather than spending it on those types of things. I guess you know, the concern
that I have is if they close us down and we have to move out and we've got concrete
men that will be across the street that will have to be gone and then there will be the
builder who is three doors down will be gone, all the neighbors-there is just so many
neighbors that do their own business out of their home and I do understand that there
was another daycare that was planned around the corner and apparently that was put a
stop to by the same individuals because they didn't like the fact that there maybe a
daycare in the neighborhood. Around the other corner where they don't have as much
influence, the two daycares have started and are operating and one does not even have
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Meridian City Council
March 16, 1999
Page 40
any residence there. It's a daycare only. Then right up the street from that is the
sewage cleaning company and the drain cleaning company and he has a big pumper
truck parked right in his front driveway and he has got a van on the side and he's got a
big truck that is parked in the front street. All these businesses are going to end up
finding themselves taken out of the area and it's-I would say that we are the norm
rather than the exception. I guess that's about it.
Corrie: One question, you said your brother had some property.
Walker: Yes, he is over on Eagle Road.
Corrie: Okay, (Inaudible).
Walker: So it would be convenient as far as being close to proximity, but again, you
know he is not there all the time and it would be a situation where people could come
over and ride the rides and it's just too tempting to. ..
Corrie: Is there someone at your house all the time?
Walker: Pretty much, it's very seldom that we are not there. I would point out that
during the summer we do have one very busy season which is during the graduation
party seasons because we do a lot of the high school parties for the senior sober parties
is what they call them. Last year we did about 55 parties and two of the rigs were never
at the house because they were always on the road going from one to another. One rig
did come in and that would be the only time that I could think of that would be late night
activity is during that three week period because the rest of the year obviously when we
do Albertson's Party, we go do it and they are done at 10:00 or 9:00 and we load up and
go home, so it's not like we are coming in at 2:00 or 3:00 during the summer, because
you don't stay and work all night long with those types of activities.
Anderson: I've never rode one of these, but it would seem logical that you could put a
cable around one of these, or put a pin through it and paddle lock that so if it was in an
open storage yard, which would cost a little less money than an indoor that it could be
secured.
Walker: We have a bracket for the Orbitron which is the ringed apparatus and I'm sure
that could be-a lot could be devised fairly easy for that. The other one maybe a little
more difficult because it doesn't attached anywhere. There is the pin at the top that it
swivels on and the rest of it is free. So I don't know how you would ever-you could
have to probably chain it I guess and work something out that way. I would also point
out that we don't use the equipment on the premises and there is no motors running the
equipment, so it is not noisy equipment. I do appreciate Mrs. Sealy and her comments
about backing it in and being noisy that way. Like I say, we never had them mention
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Meridian City Council
March 16, 1999
Page 41
that to us like leaving it in the street till morning and then backing it in or something like
that. We do have a great deal of street parking. We have a double lot and there is
plenty of room for us to park, you know our rigs out there. The other thing that the
Sealy's mentioned was that the people that come and pickup my trucks and go out and
do the shows we will make sure that they either park in the back or along that side
where the gate is at so they will not-the vehicles will not be in the street in the future.
That was something that we were not made aware of.
Corrie: Any questions of anything?
Bentley: I have none.
Bird: I have none.
Anderson: None.
Corrie: I entertain a vote, I'll entertain a motion to close the public hearing.
Anderson: Moved.
Rountree: Second.
Corrie: Moved and seconded that we close the public hearing. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Bentley: First off, Mr. Walker I think you need to be commended for the improvements
that you have made on your property. I see several problems that are tied into this.
First of all, I know you speak of your other neighbors and the type of things that they are
running out of their house, but we have not received complaints in that area. Your main
concern is your surrounding neighbors and in my estimation with their complaints really
brings the problem to light, because the impact that is being shared upon their
properties, I would not be able to support your conditional use permit.
Corrie: Any further discussion?
Bird: I have none.
Rountree: I have none.
Bentley: Mr. Mayor, I would move that the City Council deny the request for conditional
use permit for Robin Walker d/b/a Jukebox Party Express.
Meridian City Council
March 16, 1999
Page 42
Rountree: Second.
Corrie: Motion is made by Mr. Bentley and seconded by Mr. Rountree to deny the
request for conditional use permit for storage and entertainment equipment by Robin
Walker d/b/a Jukebox Party Express. Any further discussion?
(Inaudible)
Corrie: I think we will have the attorney draw...
Gigray: I would have to draw a Findings of Fact and Conclusions for your consideration
at the next meeting, since this is a conditional use permit.
Corrie: Do you want to...
Gigray: You can go ahead and take your action, but then direct that I prepare those and
bring them back at the next meeting.
(Inaudible)
Bentley: Yes. (Inaudible).
Rountree: Second.
Corrie: All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: If you want to bring it back later, I suppose you can do that, but they've already
made a decision.
Walker: I need a clarification on one part.
Corrie: Okay, I'll do that. What's your clarification?
Walker: We also have some equipment that is in the garage and if we find a location for
the outside storage equipment, is it possible for me to continue to use the garage for the
storage of the smaller pieces of equipment that are not visible and for us to continue to
use our office in our home? The application calls for storage of equipment and
according to staff they suggested that was for outdoor, the outdoor storage of
equipment and what I'm saying is if we continue to use half the garage, is that a
problem, or do we-are we going to be...
Meridian City Council
March 16, 1999
Page 43
Gigray: I think Mr. Mayor and members of the council I would advise Mr. Walker that he
should probably consult with the code enforcement staff with regards to the
circumstances there and maybe they can provide some clarification. You know, he may
want to consider applying for a home occupation that would be a little less intrusive
(Inaudible).
Walker: That's what we applied for and the staff changed that to this and if there was
no way, the staff told me in the Planning and Zoning meeting there was no way it was
going to go through. She stood up and sat there and said it would not go through and
should not be approved. I'm saying if the compliance officer tells me to file for one and
it cost me $500 bucks to put it all together and get it filed, why am I filing for something
that she is not going to approve anyway, or she is going to put the stop on. So what I'm
saying is why do I want to work with them again with the assumption they will tell me
one thing, we will pay our $500 bucks and they'll come back and stop it in the end
anyway.
Gigray: Mr. Mayor and members of the council, just simply a matter of code
enforcement. If there isn't any code enforcement, then I suppose they occupy the
ground, if there is code enforcement, then it gets to be a legal issue as to whether they
are in violation of land use requirements. You can't prejudge those situations at this
time.
Corrie: So I guess to answer your question, go back to Planning and Zoning Code
enforcement people and talk to them and see what they say as far as the code
enforcement is concerned. It's 10:30, this Jabil, is somebody from out of town on this
one? Did you fly in? I see that you did. Council?
Bentley: Mr. Mayor, I would prefer to go ahead and go through Jabil and announce that
that will be the last hearing that we do.
Corrie: Okay we will do 19A and 8 together and then items 20, 21, & 22 will be the first
on the agenda April the 6th.
ITEM NO. 19A: PUBLIC HEARING: REQUEST FOR ANNEXATION OF .53 ACRES
WITH A REZONE OF 55.79 ACRES TO IL BY WILLIAM A. HON / JABIL--NORTH OF 1_
84/S0UTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF
LOCUST GROVE ROAD:
Corrie: I'll open the public hearing and Shari, I'm going to-let's do 19A & B together
here because it is a subdivision waiver of an ordinance and I think we've got some
questions on that one too. Shari?
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Meridian City Council
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Page 44
Stiles: Mr. Mayor and council, this is for the property immediately south of the Law
Enforcement Facility on Stratford. They are proposing to bring their company to
Meridian. They are currently housed within the Hewlett-Packard facility in Boise. The
beginning they would have approximately 400 employees. I'll let them make their
presentation as to some of the things that they are doing there. This is only a request
for annexation of a little piece of property that was adjacent to the freeway that had
been left out of some previous annexations and a rezone of the 55.79 acres to allow this
use outright. We have had numerous discussions with them and they will comply with
all of our entryway corridors, landscaping requirements, of course all of our ordinance
requirements as far as trees, those kinds of things. They have graciously offered to
plant and build two soccer fields and put in 120 car lot at their expense for use by the
city, I believe that is what their proposal is. Again, this is only a request for annexation
of that .53 acres and the rezone to IL they do have some material here to present as
part of their application. As far as the waiver for the tiling of the ditch, this is the Hunter
Lateral, it is the same lateral that runs adjacent to the future fire station site on Franklin
Road. It's currently fenced on one side, I don't know if that's a barb wire fence, farm
fence, what that is. We have required fencing of that in the past. It hasn't been very
successful or very beneficial to the city to require that fencing, it looks more like a prison
compound than any kind of amenity. What they are proposing is to use the existing
road that is there and do some berming and landscaping adjacent to that to actually
make that an amenity and without fencing it they wouldn't be-I don't believe they would
be required if they are not encroaching into Nampa/Meridian Irrigation districts
easement to enter into some kind of license agreement that may require them to fence
that, but it would be staffs recommendation that we would go with what they have
proposed as far as landscaping of that area and not to require tiling of that ditch.
Corrie: There is a representative here who would like to speak first.
BILL ANDRE, CORPORATE PROPERTIES MANAGER, JABIL CIRCUIT, INC.
Andre: The good news is that I'm going to be very brief in deference to the hour. MR.
Mayor and Councilmen and staff thank you very much for hearing us. We have met
with the neighbors prior to the Planning and Zoning hearing and heard what they had to
say and hopefully addressed as many of those issues as possible. The reason I'm
going to be brief is to give them a chance to talk this evening and see where we are.
Once of the things that came out in the last meeting with the Planning and Zoning was a
berm along the Locust area and heavily landscaped which we have accomplished and
done. Not available at the last meeting was the rendering of the building and we are far
enough along in the design that we have that with us as well. We have some of our
engineering types here that could address the lateral and tiling and I'll leave that to
them. With that, that's alii have to say unless you have any questions.
Corrie: Any questions at this point?
Meridian City Council
March 16, 1999
Page 45
Bentley: 1 have none.
Bird: I have none.
Andre: One last thing, I want to compliment your staff, they have been excellent to
work with. Our design team has been working very, very closely with them and you
should be proud of your staff.
Corrie: Anyone else who wishes to testify in favor of the project? Anyone opposed to
the project? Yes sir.
ROGER OSTERHUES, 975 S LOCUST GROVE, MERIDIAN, 10.
Osterhues: I guess my biggest objection is well I moved there 20 years ago, just after it
was zoned commercial. The possibility of having commercial buildings in there like
restaurants and Albertson's Stores was quite appealing, that would be close to
everything. Now with it rezoned industrial, I'd be looking at the parking lot. My biggest
objection would be that the City of Meridian is going to make out with all this tax money,
Bill Hon is going to make out by selling his land at a good profit and Jabil is going to
make out with having a nice piece of property, but the property owners around there get
to look at a parking lot. No more sunsets and that's about all that I have to object to, no
compensation.
Corrie: Any questions?
Bentley: I have none.
Bird: I have none right now.
Corrie: Anyone else wish to issue testimony in this one? Yes sir.
ROBERT R. SMITH, 335 S LOCUST GROVE ROAD, MERIDIAN, ID.
Smith: I really don't have any objections to the project itself, but one thing that concerns
me right now-this proposed road right here is already under construction, they are
building it. They already have the culvert across the Hunter Lateral and Locust Grove
Road looks to me it's going to be accessed for all this construction. Locust Grove Road
was paved in about late 1940's or early 50's. It's been resuri-or graveled three times
since I've lived there. It's deteriorating very rapidly any heavy construction equipment on
that road is going to tear it all up. It right now is only servicing us residents that live
there because it dead ends against the freeway. I have a fear of what is going to
happen when I see it is already under construction and already taken place. The
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Meridian City Council
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neighborhood as it is right now has a 35 mile an hour speed limit and about half that live
there don't comply with that as they go by our residence. I can see how they are going
to have all this equipment running in and out of there. I ask you that they don't access
Locust Grove until Locust grove is going to be made a five lane road. When I confer
with Ada County Highway Department they say that isn't in their plans for the next five
years at least. If this gets accessed with the 400 people that are there and the
equipment and construction that will go on, Locust Grove is going to take a beating and
they won't do any repair work on it because it eventually is going to go to a five lane
road. I just ask that you consider what is going to happen to our neighborhood when
you do this. Thank you.
Corrie: Anyone else from the public?
REECE MCMILLAN.
McMillan: I concur with Mr. Smith here on this road coming out onto Locust Grove. If
they use that for construction road like they do at St. Lukes Hospital over Franklin Road,
our road going to be tore all to pieces. Not only that, but they actual noise, dirt, gravel,
rocks, everything else flying on the road. Like I say, I'm not opposed to the project here,
just that this roadway coming across the Hunter lateral there out on Locust Grove. I
think they should not open that up until the proposed widening of Locust Grove goes
into effect. Thank you.
Corrie: Anyone else in the public?
RANDY WOLTERS, 1080 S LOCUST GROVE, MERIDIAN, 10.
Wolters: I have already-the last Planning and Zoning meeting already said my
complaints about looking at a building and parking lot lights. I was looking at this
drawing for the first time, it looks like some of the trees might block some of the
reflection off some of the windshields, so that might help a little bit, but also I guess it's
page 68 of the minutes, it was a comment that I made in regards to the Greenbelt that
was proposed along the canal and I believe that Mr. MacCoy agreed that was
something that was supposed to be done, it says yes, I thought this would maybe
discontinued because of this proposed Jabil site. He said it would not at that time, so I
repeated that, of course that says it on page 68. I'm just curious what that proposal of
the Greenbelt what the status would be. An additional issue, which I'm kind of seeing
now with the rendering drawings here, is that berm is higher than the canal level,
correct? I guess-back to the-not to mention the road issue again, I did notice some
construction going on in the road and I'm not sure if this is a temporary fix that they are
putting in, I guess it sustains some sort of traffic, but it doesn't look like some
commercial job, somebody with a Bob Cat has been putting some culverts in and some
dirt. I'm not sure really what is going on. I'm not sure if there is some information as far
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Meridian City Council
March 16, 1999
Page 47
as this road, it's permanency or status or whether it's going to be used for an access
road for construction. That's about it.
Corrie: Any questions of him?
Bird: I have none.
Bentley: I have none.
NORM MARCUM, 1140 S LOCUST GROVE, MERIDIAN, ID.
Marcum: My worry all along has been comments that the property value is going to
decrease because of the parking lot across the street. I have no objection to the
company, I realize that I could suffer a lot worse with a shopping mall or multiple family
dwellings, numerous other things that could've gone in there. It appears they are
working very hard to allay our fears. The berm looks-this is the first I've seen of it. It
looks like it will be adequate to knock down some of the noise and traffic, maybe even
the parking lot lights, I don't know at this point. As the shrubbery grows, certainly it
probably will help. This road that is being pushed through, they came out there and 1_
I'm retired and at home can see all this happening. They come out there with a dump
truck and a back hoe and a little Bob Cat and proceeded to scatter gravel and rock and
stuff around. Brought out some big culverts that were bound together with strapping
material, which is still laying there in my gutter beside the road. If this is any manner of
what we've got to expect in the future, I don't want to see it in my neighborhood.
Shoddy maintenance that these construction crews have left a trash dump that wasn't
there before. I'm worried about the extra traffic and as Mr. Smith and this other
gentleman has spoke, that road is not adequate for heavy dump trucks and gravel
trucks to be going up and down it. It's broken up several times, they've come out and
patched it, and patched it, and resealed it and now it's just rough. I can foresee that it
will break up and if we've got four or five years before anything is going to be done with
the widening and rebuilding of that road, it's going to be another Overland trail and I
don't want to drive on it and run my new rig. Thank you.
Corrie: Anything else?
ARCHIE ROBERTSON, 185 S LOCUST GROVE ROAD, MERIDIAN, 10.
Robertson: I like Mr. Smith have no objection to the project itself, but construction thing
bothers me a lot and one thing that wasn't mentioned was-as I understand it, Idaho
Power will be putting in a new power line right down of South Locust Grove to service
this facility. I would like to request that construction access be given for this project to
come in off of Stratford and go along the south side of the Law Enforcement Academy
and not use South Locust Grove for construction access.
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Meridian City Council
March 16, 1999
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Corrie: Thank you, anyone else?
PIM HOOGLAND, 1625 BENTLEY, MERIDIAN, 10.
Hoogland: I live approximately 15 yards from that road coming out. There is currently
mud out in that street, I put in new black top in my driveway and they used it to turn
around in and tore up my black top. The soccer fields are nice, I love soccer, I've
coached every level there is to coach in the State of Idaho, also a USS National coach
and with the numbers that I see on two soccer fields on one Saturday, if their game is
from 8:30 to 3:30 it would come out to 1500 cars traveling up and down Stratford or right
down Locust Grove and into that road. Locust Grove can't handle that. The other thing
is what is going to happen to the Greenbelt, there was supposed to be a Greenbelt
there down the canal.
Corrie: We don't know either. It all depends on what...
Hoogland: It's gone?
Corrie: It's not gone, but we are working on it. Is that part of Meridian Irrigation or that
canal?
Anderson: Hunter Lateral.
Hoogland: There was supposed to be a Greenbelt there.
Corrie: There might still be, I don't know. We (Inaudible) property rights or anything
else on that, it's still up in the air.
Hoogland: Robin Walker needs a place to go he is more than welcome.
Corrie: Thank you. Anyone else?
REECE MCMILLAN.
McMillan: On the parking lot are they figuring on running the traffic out onto Locust
Grove or are they going to go back over Stafford and go out that way where they have
numerous (Inaudible) to get out. Locust Grove can't handle 400 more cars on it a day
as it is now. They've got so much traffic on there now you have to stop and wait to get
out of your driveway. I was just wondering if (Inaudible) give you something on that.
Corrie: Thank you.
Meridian City Council
March 16, 1999
Page 49
JOHN KEMP, 1947 BENTLEY AVE.
Kemp: I'm not against the project, I just want to voice a concern about the construction
exit. I live fairly far enough away and probably won't even see it from my house, the
other houses in between. In the later mornings, early afternoons, just trying to go to
work, the traffic on Franklin, you are sitting on the corner of Locust and Franklin for 10-
15 minutes sometimes waiting to get out. Now you increase that traffic, now I'm sitting
behind three cement trucks and a couple of tractors. That would be my only concern,
just bypass that traffic to the other side of that police station. I drove over there on my
way home from work and noticed that there they have two ways out that they can go,
that way down towards 1st street, or come down Stratford to hit Franklin. Once again,
they are going to have the same problem, trying to get out. That's it, thank you.
Corrie: Anyone else? The hour is getting late, you had a shot at it once Bob. Is it-
okay one time, that's it.
ROBERT R. SMITH, 335 S LOCUST GROVE ROAD.
Smith: I was going to bring up the fact that it seems like your designing of Meridian, you
people are getting your cart way ahead of your horses. You are getting Meridian built
up here to a Metropolitan area and we don't have any access. We are talking about
making Locust Grove a five lane, we are talking about getting Ten Mile built so you can
get access and the traffic flow is so ridiculous on Eagle Road right now that you can't
hardly get through it. Franklin, I came from Boise here the other day at 5:00 and I was
back clear to Cloverdale and it took me 25 minutes to get to Eagle Road. Now you are
going to put 400 people accessing plus out of this thing onto Locust Grove which would
happen and Locust Grove can't handle it until you start getting some of this access built
into this country. I've lived here all my life and this ain't no horse and buggy town no
more. So you are going to have to get something designed into this thing ahead of
yourselves instead of over designing your population. I just hope that you start realizing
what you are doing to us that live here and what we are going to have to do eventually
to compensate for all of this. Developers ride off into the sunset and we are stuck with
the problems. So I just want you to know what is happening.
Corrie: Okay, thank you.
Bird: Bob, you have been out there 30 years, but Bill has had that property for longer
than that and it has always been known that at first it was going to be a big shopping
center back in the middle 60's we were going to have the regional shopping center.
Smith: I was there 35 years ago and it was the Wolfs Property at that time. Agvert's
(sic) place then.
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Meridian City Council
March 16, 1999
Page 50
Bird: Okay, but it was originally going to be the shopping center that Nahas was going
to bring in and make the regional shopping out of it, that was 1966, or 1967.
Smith: Not that piece.
Bird: Not this, no, no, but his area. I mean, you know they have had this out there and
it's been setup for industrial. I don't know planning wise what we can do. I mean that
area out there is industrial and stuff, I don't know where we can go from there. I mean
we could put housing in there on 55 acres or so. You would have that much traffic
going there then.
Smith: That's correct, that's what I'm saying Keith. You are getting your cart before
your horse. You better get some of this roads built into this before this development has
got to these-the magnitude it is now. Locust Grove is supposed to go clear to Chinden
is my understanding. The access on Locust Grove that direction is ridiculous with the
developments that sit down there. That's what I'm saying, the arteries aren't big
enough. I worked for Idaho Power for 40 years. To get cross country, to cross the Boise
River, you only had three arteries to get there to get to (Inaudible). We used to fight
traffic to get there and this hasn't been alleviated, I mean we are just compounding the
thing here in this area. Meridian has got to where you can't get around anywhere. As
this one gentleman said you can't believe, I work as a consultant for H & H Construction
and live just got to turn to go to Meridian, I quit driving there, I walk there. I can make it
faster walking a mile and a half to the H & H building than I can now to get out on
Franklin Road in the morning to get to work.
Bird: I certainly wouldn't argue that with you, but it's that way throughout. I work off of
Fairview and I know what that's like.
Smith: Right, but in fact the traffic flow on Fairview is three times faster than it is on
Franklin. It is, because the fact that there is twice as many lanes.
Bird: Yes, there is more lanes.
Smith: That's what I'm saying, it's just not, it just keeps compounding what you are
doing. We end up with the problems, 99% of the problems, we as the people that live
there have to try and get solved and everybody just puts it on their answering machine
or get back with you, and it never gets back.
Bird: That's not right, I'll agree with you there.
Corrie: Andre do you have any last comments or questions that have been asked or
answers?
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Meridian City Council
March 16, 1999
Page 51
BILL ANDRE.
Andre: One quick comment, should the council approve this, this will not end our
dialogue with the neighbors we want to keep an open dialogue with them all during the
construction period and control access by contractors and that type of thing. We have a
telephone number that they can reach us at any time.
Unidentified: Mr. Mayor can I add one more thing?
Corrie: No sir. No. I'll entertain a motion to close the public hearing.
Bird: So moved.
Bentley: Second.
Corrie: Motion made to close the public hearing.
(Inaudible)
Corrie: Did we have a letter Bill that you said needed to come in?
Gigray: I believe there is a report from the city engineer on this project, I don't
remember whether that was addressed in staff comment or not.
Corrie: Did that come from Gary? Gary was that a staff comment that you want to put
into the public hearing?
Smith: Yes sir.
Corrie: If you would like to do it right now, before we make the final vote.
Smith: Thank you Mr. Mayor, council members. One of the meetings, I think I was in
one meeting, maybe two meetings, with the Jabil representatives. I asked for some
information about the quality of the effluent that they will be discharging to our sanitary
sewer system. I haven't received any information on that effluent and I think it's
paramount that we get a very specific element of the development agreement that
addresses pre-treatment requirements.
Corrie: Okay, good thank you. Vote on a motion to close the public hearing? Any
further comments? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
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Meridian City Council
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Page 52
Corrie: Comments council?
Anderson: Mr. Mayor, I believe there is some real legitimate concerns regarding the
traffic on Locust Grove and I would like to see us if we approve this project to make sure
that all the construction traffic does use Stratford and put that as one of the stipulations.
Rountree: Comment on that particular recommendation. I can fully understand an
appreciate the concern on Locust Grove that probably is in ill repair, but it is a public
street. I don't know how many zeros after one this particular development will pay in
impact fees and or could result in overlays and or improvements or modifications to
Locust Grove, but we have to keep in mind the needs of the people who use the road to
the residents. It has to accommodate them, but I don't think we can prohibit the use of
a public street to access private property in this county and in the city.
Corrie: Any questions or comments? The request is for annexation of .53 acres and a
rezone of 55.79 acres to I-L by Mr. Hon, Jabil.
Bentley: Mr. Mayor, I would move we order the city attorney to prepare findings for the
annexation of .53 acres and rezone of 55.79 acres to I-L with the (Inaudible) of the
council decision to approve.
Bird: I'll second it.
Corrie: Motion is seconded by Mr. Bird. Any discussion?
Rountree: Would that motion include the development of the-development agreement
with the conditions specified by staff?
Bentley: Yes it would.
Rountree: Also conditions that may be imposed to maintain reasonable operation of
vehicle on both Stratford and Locust Grove.
Bentley: Correct.
Corrie: Okay with those additions to the original motion? Any other discussion?
Rountree: I have none.
Corrie: All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
March 16, 1999
Page 53
Corrie: Motion is granted, have the city attorney draw up the Findings of Fact and
Conclusions of Law for next meeting.
ITEM NO. 19B: REQUEST FOR JABIL TO WAIVE SUBDIVISION ORDINANCE:
Corrie: Mr. Gigray, you had some concern here and I think maybe Shari did too. We
are not subdividing anything are we?
Stiles: Mr. Mayor and council, that was about the ditch, the tiling of the ditch.
Smith: The tiling of the ditch is in your comments.
Stiles: I know lots of people that would like to waive the subdivision ordinance, but that
wouldn't happen.
Gigray: So that matter has been taken care of?
(I naudible)
20. PUBLIC HEARING: 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:
21. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN
ACRES SUBDIVISION BY MIKE STIPA - NORTH OF BROADWAY, SOUTH
OF PINE AVENUE, WEST OF WEST 4TH STREET:
22. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
HOME SALON BY TINA SAVKO - 310 E. BROADWAY:
Corrie: As I said before, the items number 20, 21 and 22 are public hearings that will be
on the first of the agenda for the October, excuse me the April 6th meeting. So we will. . .
(END OF TAPE)
Gigray: I would recommend since you haven't opened the public hearing that you ought
to re- notice those. But you can continue them to the next meeting.
Corrie: You can do that by a motion to continue 20, 21, and 22 then?
Bentley: We can't continue them if we haven't opened them.
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Meridian City Council
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Rountree: Yeah, we haven't opened them.
Gigray: Why don't we just open them and then continue them? Just move to open
them. We've had no objection voiced and if anyone were here who would not be
available at the next meeting that wanted to enter testimony, you could offer to let them
do that like we've traditionally done. Just open them all at once and continue them for
the record.
Corrie: All right folks if you'll bear with us here just a minute. I'm going to open item
number 20, 21 and 22 as a public hearing and is there anybody here that cannot be
here April 6th on those hearings? Hearing none, I'll entertain a motion to continue the
public hearing on those three items.
Bentley: So moved.
Rountree: It's been moved. I'll second.
Corrie: Motion been moved and seconded that we continue public hearing 20, 21, and
22. Without further discussion hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Stiles: Mr. Mayor and Council I just needed a clarification on 19B. Is your
recommendation to waive the tiling ordinance for Hunter Lateral?
Corrie: Yes.
Stiles: Okay, thanks.
Corrie: Okay, Janice Smith, I think she's sick. Right Gary?
Smith: Yes, sir.
Corrie: Is there anyone here Gary Smith, Tom Kuntz, Chief Gordon, Shari Stiles or
myself want to delay any of this?
Bird: I think Janice's will be delayed.
Corrie: Okay, Gary.
23. DEPARTMENT REPORTS:
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Meridian City Council
March 16, 1999
Page 55
A. JANICE SMITH:
1. ACCOUNTING REPORT.
B. GARY SMITH:
1. ACCOUNT TRANSFER REQUEST.
Smith: Thank you Mr. Mayor. John Shawcroft has requested that we transfer $14,000
from the Water Administrative Salary Account to the Water Staff Salary Account. The
reason for this is that he has one of his meter readers that is expecting a child soon and
she will need to be brought in out of the field and she can work in the office area. The
existing receptionist is scheduled for some major surgery soon and so the meter reader
will take her place as receptionist, but that is going to leave him short a meter reader.
Rather than trying to find somebody to hire for a temporary employee for that kind of
job, it's his request that he hire a full time person and even when the girls come back
after their time off for the surgery and for having a child he's still going to need this
person on staff and so it's my recommendation that the transfer of this money be
approved to allow him to hire this person for the remainder of this fiscal year and this
would be a meter reader position.
Rountree: I make a motion that we accept request to transfer the funds to staff salary of
$14,000 to pay for a meter reader for the remainder of this fiscal year.
Bird: Yes.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the $14,000
requested transfer for the administrative wages account to staff wages account. Any
further discussion?
Smith: Mr. Mayor I neglected to give you one other piece of information. When the
budget was put together for FY 99 I had included a salary for a water superintendent
and we have not hired that position and so that's where this money is coming from, so
the money is there. It's not being spent for that position because the situation with John
combining his duties has worked out well.
Corrie: Any other discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Smith: Thank you Mr. Mayor, thank you Council.
C. TOM KUNTZ:
1. LAND ACQUISITION.
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Meridian City Council
March 16, 1999
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2. CHANGE ORDER FOR TUllY PARK.
Kuntz: I'd like to switch orders on you and do the change order for Tully Park. Brad
Watson is here tonight to answer any specific questions because he was responsible to
oversee this project. In your packets you should have a request for change order a
memo to me from Brad Watson. Change Order number 8, which is the final close out
change order showing all minor additions and a majority of deletions. We did receive
Boise Paving signed the change order effective today and so I'm requesting your
approval on change order number 7 and 8.
Bird: Tom, is that the deduct of (inaudible)?
Rountree: That would be seven.
Kuntz: That's number seven.
Bird: Seven, okay where's 8?
Bentley: Before seven.
Kuntz: Keith to answer your question, change number 8 is deducted $7,361.99.
Bird: Okay I see it now. You're asking for both seven and eight?
Kuntz: Correct.
Bentley: You mean we have to approve to save money?
Kuntz: Yes, sir.
Corrie: Any discussion on that?
Rountree: Mr. Mayor I have a question for Brad. Does this wrap this baby up?
Watson: Councilman Rountree, yes it does. The final one and we're done with Boise
Paving.
Rountree: And they are in agreement? They're signed off?
Watson: They have signed this.
Bentley: Mr. Mayor question for Brad. Are they going to fix the pathway?
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Meridian City Council
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Watson: Councilman Bentley, they did today. It's done.
Bentley: Mr. Mayor I move that we approve the change order number seven in the
amount of $3,805.50 deduct and change order number eight in the amount of $7,361.99
deduct.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the change orders
number 7 and 8 for seven in the amount of $3,805.50 and number eight the deduction
of $7,361.99. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor question for Brad. Was the Boise Paving's backhoe sitting out
there today or somebody from across the street using our parking lot?
Watson: Councilman Bentley, I'm not sure. I didn't personally inspect today. One of
Tom's personnel did as they were doing the overlay.
Bentley: Well Chief this is one for you. We're running into problems with people
moving the barricades and parking construction equipment in the park. So if we could
have the boys take a look. I'm kind of wondering if it isn't the gang from across the
street. So, thank you.
Kuntz: The last item I have is a request to enter into a purchase agreement. There is
one correction on the first page of the real estate purchase agreement. Item number
two it talks about totaling 67 acres of which this offer is for 37 acres, not 35 acres and
that is reflected also on the attachment to the agreement the last page the attachment
to the real estate purchase sales agreement, section three for the parcel. That is 37
acres more or less. I do need to let you know that the Parks and Recreation
Commission meeting last night that a motion was passed in a four to three vote to not
support the purchase of this property.
Rountree: Mr. Mayor what was the rationale of the commission?
Kuntz: Two issues, number one was that the purchase of this property would financially
detract from the development of the 56 acres that we own at the corner of Ustick and
Meridian and the second issue was that this financial commitment would detract from
the capabilities of purchasing property south of the freeway. Those are the two issues.
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Meridian City Council
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Anderson: Mr. Mayor I had to leave the meeting where the City Council was talking
about land acquisition early to attend another meeting, could you fill me in on what
happened after I left?
Rountree: Well we had those similar kinds of things talked about that you just heard,
but the result was for Council and Mr. Kuntz to get together and put together a offer on
the 37 acres to the price stated in the back. $10,000 an acre.
Anderson: And what was the result of that? Is that what this is?
Rountree: They haven't presented it and it's here for us to make a decision.
Bird: (Inaudible)
Bentley: Mr. Mayor if there's no further discussion I would move that we tender this
offer for the totaling 67 acres of which this offer is for 37 of those acres and have Mr.
Kuntz tender this offer to (inaudible, the real estate agent.
Corrie: Okay motion made by Mr. Bentley, do I hear a second?
Rountree: I'll second it.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to have Mr. Kuntz directed
to tender the offer as made to the property of 37 acres with the $10,000 price and the
option to buy the other acreage. Any further discussion?
Anderson: Mr. Mayor I guess I would just offer this as my input. As I've stated
numerous times already that I think it's inappropriate to be making offers on land until
we have a master plan of what we want to do with our parks, where we want the land
acquisitions to be looked at and I am not in favor of making any kind of just random offer
until we've got a plan in hand so we know where we're going to go with this deal and in
light of the new information that our own Parks and Recreation Commission voted with
a majority saying that this is not what they would like, I think it's foolish to proceed with
this offer at this time. And I would not be in favor of such a proposal.
Bird: Mr. Mayor I'm just going to say I agree with Ron because I don't think we want to
be here thirty minutes with me debating it, so I agree with Ron 100%. I think we're way
ahead of our horse.
Bentley: Mr. Mayor I'm afraid I'm going to disagree. I think it's time this city got off the
dime and start working on doing more than one project at a time. We spent $20,000 an
acre for the 56 acre park which was absurd. We have a change here to move on some
property, possibly at the price of $10,000 per acre. We can do more than one project at
Meridian City Council
March 16, 1999
Page 59
a time. If we don't start pursuing land now, we're not going to have land to pursue later.
Tom and I have been actively looking south of the freeway for property. We have not
found any that's available and suitable at this time. Tom is also working actively on the
park plan, and as I stated in the prior meeting, we also have a problem. We don't have
a plan in place for the fire department. Does that mean we stop building fire stations?
No, it does not.
Anderson: I'd like to interrupt. We do have a plan in place.
Bentley: Excuse me. I have the floor. But the point is need to move on in these
projects. As far as the Commission was, I wasn't aware that we were going to vote on
this, but they voted on it and that's fine, but the commission is advisory in nature. It is
up to this Council to take this City forward and I think we're making one hell of a mistake
if we don't start picking up some park ground as we can get it. There's nothing saying
we've got to develop it now, but we need tie up the land so that we've got it. If it doesn't
fit out need, we can get rid of it later, but the prices are going to keep going up as soon
as that sewer hits out there. As soon as that sewer hits south, the price of land is going
to skyrocket and we're going to be stuck and we need to start moving on this, and that
park land is underway. Thank you.
Rountree: Oh, I might as well. First off I have a question for Tom. Tom, what's the
projected date on the comp plan?
Kuntz: Actually we had a meeting prior to the Parks and Recreation Commission
meeting, there's a subcommittee that I asked for some assistance on putting the RFP's
together to hire a consultant for the Comprehensive Plan and we met Monday and
came up with what I think is going to be a real sellable way to put the plan together and
that is a one page RFP proposal stating what questions we want to address and the
general scope of the project and that will allow consultants to come in and tell us what
they will do and we will also list a budget amount that we have to work within and that
will allow interested consultants to come in and tell us how they will answer those
questions and what they'll provide for that dollar amount and it's a little different
approach than spelling out the specific scope of the project in a ten to fifteen page
document.
Rountree: We're kind of going off here. What's the time line?
Kuntz: By the end of March.
Rountree: For the completed comp plan?
Kuntz: No, no, for the RFP's to go out to hire a consultant.
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Meridian City Council
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Rountree: When are they going to have something? When are we going to have a
plan?
Kuntz: By the end of the summer.
Rountree: Well I guess I'll close. I can't disagree with anything I've heard tonight.
Though I will second what I've said before about I think we need to have a plan in place
to direct us where we're spending our money, and I agree with what Glenn said about
we can do more than one project at a time, but I think we need to have that plan in
place and I'd be all for putting two or three plans in place and moving ahead on them if
we have the direction that we can agree to. I appreciate the fact that we did get the
advice from the Parks and Recreation Commission. That's what we set them up to do
to provide a citizen's advisory to the Council. I got to tell you if this vote were taken last
week, I probably would vote for it. Having the input from the citizen's advisory group, I
would say I would defer at this point and wait until we get a comp plan before we
actively pursue acquisition.
Bentley: Mr. Mayor a point of interest both from this Council and both from the
Commission. 80th of them stated that if the land was to the south, they'd do it. What's
the difference?
Anderson: One is north, one's south.
Bentley: Outside of that, what is the difference? The whole premise is still the same.
Bird: Mr. Mayor I want to see us go south. This piece of ground, I think this ground is
really lacking frontage. If we put anything out there 60 foot entry into it, it's going to be
pretty tough to sell and get people in and out. If we have to buy the frontage there, then
our price per acre goes up quite a bit. I agree with Councilman Rountree and
Councilman Anderson. I'd like to see us get a plan in and Glenn I agree with you. We
can do five or six things if we have them in line and ready to go. I have no problem
with that.
Anderson: I think I would add too that on that piece of ground in the meeting that I was
at we talked about that to make it feasible 37 wasn't going to be enough. At least a
couple of us thought that we needed to buy the full 67 acres or whatever and at this
point if you know we're not looking at that and the money that we would spend on that
can be spent either looking for a piece of ground somewhere where it would be a more
desirable location or for development so I think it's a bad investment at this point.
Bentley: If I may. Part of that deal that was part of the meeting that you weren't there
for we were tendering an offer on the back side too.
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Meridian City Council
March 16, 1999
Page 61
Anderson: That's not on here.
Bird: Yeah, it is. Option.
Bentley: On the option.
Corrie: Okay any other comments?
Bird: Question.
Corrie: Okay I'm going to give you my comments and then 1'1/ take the question. I think
you're aI/ probably right, but I suggest that you don't wait too dang long before you
make this decision about what you're going to buy. I think Tom you need to do what
you're doing and get it speed it up as much as you can but I have a little bit of heartburn
in this statement that was made in the commission that it was on the south side you'd
buy it or you want to buy and it irritates me a little bit being on the south side or the
north side. The question was what's the difference and I'm not going to get an answer
tonight, and I know that, but that's my two cents worth. So I guess we got a question on
the board so the motion is made that we tender the offer as stated Kuntz tender that
offer for us. All those in favor of that motion say aye.
MOTION FAILED: 1 AYE, 3 NAYS.
Corrie: Okay, Chief Gordon.
D. CHIEF GORDON:
1. PERMITS FOR DOG POUND.
Gordon: The animal control center is approaching ground breaking. The building
inspector, Daunt Whitman, has requested that I ask the Council for a waiver on the
building permits and if the City will waive theirs, then Mr. Whitman will waive his, but he
does not something official and in writing so that he can use it as a tax write off.
Bird: Mr. Mayor I move that the City of Meridian waive their fees for the building permits
on the police dog pound and for the Mayor to sign a letter and get it to Daunt.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to have the city waive the fee
and get the paperwork over to Mr. Daunt. Any further discussion? Hearing none, all
those in favor say aye.
MOTION CARRIED: ALL AYES.
Meridian City Council
March 16, 1999
Page 62
E. SHARI STILES:
1. DISCUSSION OF ROCKETS, INC. CONDITIONAL USE
PERMIT TRANSFER.
Stiles: Mr. Mayor and Council, as we've anticipated there is a new proposed occupant
for Rockets. As part of the conditions in the Findings of Fact and Conclusions of Law
for their conditional use permit, it stated that it was nontransferable. Mr. Gigray has
reviewed matter and has determined that it would be possible to do a transfer thereby
slightly shortening the time. We would still need a little cooperation from the City Clerk's
office as far as still ~etting in an application and processing that to come before City
Council on April 20t. I know it is a bad - has been kind of a cumbersome part with this
transfer of conditional use permits, but it also is a protection to make sure that we get a
reputable business in there and we're looking forward to some good steaks and
seafood.
Bentley: Who is coming in?
Stiles: She won't tell me her name. Her name is Michelle, but that's all she'd tell me.
Bentley: Steak and seafood, huh? See food and you want to eat it.
Stiles: I just wanted to let you know that was coming up and we had discussed it with
Bill and the (inaudible) but hopefully we will be ~etting an application next Wednesday
or Thursday and schedule that for your April 20 public hearing.
Corrie: Okay any comments from Council on the program?
Bentley: Sounds good to me.
Corrie: Why is it with food, this Council always agrees.
F. MAYOR CORRIE:
1. APPOINTMENT OF TRACE LEIGHTON TO MERIDIAN
PARKS AND RECREATIONS COMMISSION.
Corrie: Okay, I had one thing the appointment of Trace Leighton to the Meridian Parks
and Recreation Commission to represent the Meridian Athletic Association. So I do so
with the approval of the Council.
Bentley: Mr. Mayor I move that we approve the appointment of Trace Leighton to the
Meridian Parks and Rec. Commission.
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Meridian City Council
March 16, 1999
Page 63
Anderson: Second.
Corrie: Motion made and second. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Rountree: A date for our planning session this month, 23rd or 30th.
Bentley: 30th would be preferable.
Rountree: 30th, is that good with everybody? I have two things that I know of. I have
PEBSCO who does deferred compensation programs and I think she talked to you and
sent me some stuff wanting to be on the meeting, so you want to get back to her?
Anyway they want to present what they can provide the employees. It's another benefit
package that we may want to factor in later on in the compensation program, 401 and
deferred comp and all that kind of stuff. Kind of expand what the city has got. The
other is Gary are we going to have some discussion on sewer extension. We'll have it
by the 30th so that will be the other item on our agenda. I've got a third one, but I can't
remember what it is right off the top of my head.
Bentley: I've got a third one for you. We need to take a look at the wage study that
Pauline put together on ours and the Mayors.
Rountree: Oh, yeah that won't take long.
Corrie: That sounds ominous.
Rountree: There's only two ranges.
Bentley: I have one more thing if Charlie is done.
Rountree: That's alii needed.
Bentley: Has everybody looked over the Chiefs special request and do we want to act
on that or do we want to discuss that at that time too?
Rountree: We can discuss it at that time, on the 30th.
Bentley: Okay.
Gigray: I would report that I have on my desk right now I'm almost completed with the
letter to send in the last batch on the recodification project.
Meridian City Council
March 16, 1999
Page 64
Rountree: All right, good job Bill.
Bird: I move that we adjourn.
Anderson: Second.
Corrie: Motion made and second that we adjourn. All those in favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 11:37 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
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