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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JANUARY 19, 1999-7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE
X GLENN BENTLEY X KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A. MINUTES FROM PREVIOUS MEETING HELD JANUARY 5,1999: (APPROVE)
B. BEER AND WINE LICENSE FOR EPI'S, A BASQUE RESTAURANT:
(APPROVE)
C. MINUTES FROM TRANSPORTATION TASK FORCE COMMITTEE MEETING:
(APPROVE)
D. REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES BY
DAVID LEADER FOR DOVE MEADOWS #2: (TABLE UNTIL 2/2/99)
REGULAR AGENDA
1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2-
WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:
(CONTINUE PUBLIC HEARING 2/2/99 MEETING)
2. DEVELOPMENT AGREEMENT - OLIASON PARK SUBDIVISION: (APPROVE)
3. ORDINANCE #809 - ANNEXATION AND ZONING OF OLIASON PARK
SUBDIVISION: (APPROVE)
4. ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND
ROAD: (APPROVE)
5. ORDINANCE #812 - ANNEXATION AND ZONING OF OLSON BUSH
INDUSTRIAL PARK: (APPROVE)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR & SERVICE BY
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JOHN BISS - WEST OF MERIDIAN ROAD: (APPROVE AMENDED FINDINGS
AND ORDER OF DECISION)
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE
OF APPROXIMATELY 4.296 ACRES FOR PROPOSED SCOTTSDALE
SUBDIVISION BY WOLFE COMMERCIAL ENTERPRISES, LLC - SOUTH SIDE
OF W. FRANKLIN ROAD: (APPROVE)
8. ORDINANCE #813 - SCOTTSDALE SUBDIVISION REZONE: (APPROVE)
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY TODD MASON
D/B/A MOXIE JAVA -106 E. WILLIAMS: (APPROVE AMENDED FINDINGS
AND ORDER OF DECISION)
10. FINAL PLAT FOR TURNBERRY NO.2 SUBDIVISION BY BENCHMARK LAND
COMPANY - WEST OF BLACK CAT, SOUTH OF USTICK AND EAST OF
MCDERMOTT: (APPROVE)
11. DEPARTMENT REPORTS:
A. TOM KUNTZ:
1. AUTHORIZATION TO ACCEPT VISA & MASTER CARD FOR
PARK AND RECREATION FEES. (DISCUSSION)
2. ROUND UP UTILITY BILLS FOR PARKS. (DISCUSSION)
B. MAYOR CORRIE:
1. AMENDED RESOLUTION #172 - PERSONNEL POLICY.
(APPROVE)
2. MILEAGE REIMBURSEMENT UPDATE. (APPROVE)
3. APPOINTMENT OF TONY MARIONI TO TRAFFIC SAFETY
COMM. (APPROVE)
4. APPOINTMENT OF TAMMY DE WEERD, JIM KELLER, KEITH
BORUP TO PARKS AND RECREATION COMMISSION.
(APPROVE)
C. KENNY BOWERS:
1. ZGA CONTRACT FOR FIRE STATION. (APPROVE)
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2. STAFF TO PROCESS APPLICATION FOR REZONE. (APPROVE)
3. FIRE STATION BUILDING COMM. PROCESS CONSTRUCTION
MANAGER. (APPROVE)
D. GARY SMITH:
1. LATE COMERS AGREEMENT FOR HOLIDAY INN EXPRESS.
(APPROVE)
E. CHARLIE ROUNTREE:
1. APPOINTMENTS FOR CITY COUNCIL. (APPROVE)
RON ANDERSON - FIRE
KEITH BIR'D - POLICE
GLENN BENTLEY - PARKS
CHARLIE ROUNTREE - PUBLIC WORKS, BUILDING, &
PLANNING AND ZONING
MERIDIAN CITY COUNCIL SPECIAL MEETING
JANUARY 19. 1999
The special meeting of the Meridian City Council was called to order at 6:33 p.m. on
January 19, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Will Berg, Mayor Bob Corrie.
Corrie: The City Council will hear a presentation report by the Mayor's Ad Hoc
Transportation Historical Task Group and at this point note that all the Councilmen are
present, so I will invite Mr. Clair Bowman.
Bowman: You have a number of members of the transportation task force tonight.
(Inaudible). The origin for this group was a set up as a task force by the Mayor with the
purpose of responding to some of the concerns that had been raised by proposed
actions of the Highway District originally. I would like to take you through a little bit of
background and (inaudible) so that the recommendations are specifically. You should
have a couple of things in your hand right now. You have a little summary of what some
of the overheads are and I'll go through them a little bit and you should have a
memorandum that was from me on behalf of the transportation task force dated
December 8 that went to Mayor Corrie. I believe he got tonight's presentation. This is a
formal effort on behalf of the (inaudible) to make a report to the Mayor and City Council
tonight. The initial question as I've said was raised because of some of the proposed
actions of the Highway District regarding the Meridian Road E. 1st couplet and some
questions that came up both on behalf of City Council and Chamber of Commerce and
some other individuals about the appropriateness of that action. The charge that was
actually given to this committee by the Mayor allowed the committee to choose either to
focus just on that couplet issue or try to take some other avenue. In this case the
committee took another avenue and that is to try to see the specifics of the Meridian E.
1st couplet in the context of a much broader view beginning with the vision statement
that had been adopted immediately prior to the start of this committee's (inaudible). I
believe there was a little bit of wordsmithing done to this by the City Council before you
finally accepted it. I'm not sure about that. It was accepting in this form? Okay. That is
the beginning place in terms of the large picture where this group began its efforts.
Very early a decision was made kind of a policy decision was made by the committee to
focus on efforts to minimize traffic that is causing congestion but has not been official or
does not have any reason for being in the downtown area other than through traffic.
This was the specific way of trying to state that minimizing traffic through downtown
area which did not have a downtown origin or destination was intended (inaudible). We
believe there are things that can be done outside that area, which minimize the traffic
that comes through there. That's really what the rest of the process that this group is all
about. We began talking those kind of concepts, the big picture background at first.
Had a session at which we brought in a good deal of outside input. The Idaho
Transportation Department, the Ada County Highway District, my staff to talk about
costs of various kinds of things. What's in the plan now? What isn't in the plan? What
Meridian City Council Special Meeting
January 19, 1999
Page 2
are things that are currently under construction and programmed to be built? What are
on some of the wish lists the Ada County Highway District in particular the unfunded list
that they put together and finally prioritizing those and getting ready for
recommendations to City Council and the Mayor. We've grouped the recommendations
after we had been through this whole process spent a couple of sessions drawing out
identifying projects things that needed to be done. When we made it through the
prioritization process, we ended up with categories of things. Tier 1 the top priority for
(inaudible) for all groups that actually was top priority for two or more of the five
individual groups that we have on there. You'll see some of these in the memo which I'll
point out a little bit later on. Two were identified as a top priority by at least one group
along the way and tier 3 is a list of all the other projects that were or activities that were
considered along the way. Tier 1 projects, three big ones. If we had all of these done,
we might not need anything else. In fact there was a strong sense on the part of the
committee that we ought to try all of these tier 1 projects before we feel forced to
address a one way couplet issue on Meridian / E. 1 st. They really don't believe that the
E. 1st I Meridian Road couplet is essential until we have tried all of the tier 1 projects
(inaudible) and have demonstrated that that's not enough. So that is the specific
recommendation that comes back to the couplet issue. Question?
Unidentified: Clair, what do you mean by tried? Probably the lowest cost project of any
one of those up there would be somewhere around 4 million up to 20.5-30 million.
That's a pretty significant try. Given the dollar constraints that we all --
Bowman: I understand. I'll take you to the memorandum. After I get through this, I'll
show you the language that end up agreeing on for in that memorandum and then you
have a number of folks here that could comment on that more than me. I just was the
facilitator. Trying to understand the urgency of some of these things and get them into
words.
Unidentified: Would a better word be implement?
Bowman: Yes, it would be. Excuse me when I said try I meant implement. I apologize
for using (inaudible). The other two main projects which got two or three prioritization
groups who identified it as a top priority, fixed route transit, widen Franklin east of Five
Mile, increase the capacity on Meridian Road between Franklin and Cherry, Meridian 1-
84 improvements several components to that along the way and increase the capacity
on Overland. All of those, the two overpasses, the interchange and these projects .
together essentially provide a number of alternative ways of getting north south to and
from the interstate without having to use Meridian and E. 1st and without having to go all
the way out to Black Cat or wherever to try to cross an access. That was the package
that was identified as the primary (inaudible). Tier 2 projects, those which received one
of the groups who identified them as top priority. There was a group in favor of
identifying E. 1st and Meridian Road couplet as a top priority item to be implemented.
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Meridian City Council Special Meeting
January 19, 1999
Page 3
New road east of Corporate Park to Locust Grove, increase the capacity of north and
south in the vicinity of downtown. There are a number of ideas here. We talked about
E. 1st as possibility of additional railroad crossing. The possibility although we know
that's very difficult and probably unlikely unless you're willing to give up one of the other
ones as you currently have. So there's a little more detail to some of that in the
memorandum. The number of traffic signals were considered. The only one that
received a high priority ranking was the last item here, the I -84 east bound off ramp to
have a traffic signal installed at the earliest possible time. Tier 3 projects. These are
ones that were in the original list of projects being and considered and were not
identified by anyone of the prioritization groups as being a top priority given the limits
that we put on how many top priority choices they could make. Frontage roads along
the interstate, widen existing roads, the number of pathway options, right-af-way
protection in there. Some cooperative efforts to use to share rights-of-way is an idea. A
lot of increase capacity projects and a number of traffic signals all of which will be in
memorandum I'll take you to here in a moment. Ultimately the philosophy statement or
the purpose statement that the committee opted tried to minimize the through traffic
essentially, maximize the emphasis on traffic that is starting from or going to the
downtown area, however you choose to put that and the Meridian Vision Statement
were the criteria by which the committee evaluated options with a little bit of their own
personal bias here and there I suspect. That was minimal. If I could direct you to the
memorandum for just a couple of moments, I would direct your attention to the second
paragraph after the italicized line there which is the guiding principle. The task group
believes the following Tier 1 projects, by themselves, will solve the issues which brought
about the formation of the task group, without the E. 1st Street and Meridian Road
couplet being required within the foreseeable future. The task group specifically
recommends that the Tier 1 projects be implemented as soon as possible, recognizing
that the E. 1 st Street and Meridian Road couplet may still be required if the Tier 1
projects do not solve the issues. That was language that was agreed upon
unanimously by the members of the committee who attended the last meeting. That
was all but two of the folks we had on the list. We had about 25 people there. With that
would put this in context a little bit and then wind up my presentation. Meridian has long
had another committee looking at transportation issues and making sure that those get
into the process every time we update our long range plan or when the Ada County
Highway District has project requests out there. I noticed that you have minutes from
that committee on the agenda tonight as your consent agenda. This committee was
really set up originally to handle to be a special purpose task group. I think that's why
the Mayor called it a task group in its origin. It chose to treat that responsibility much
more broadly than just dealing with a yes/no answer to you on the E. 1st Meridian Road
couplet. So in essence you have two sets of projects that you're going to get to deal
with. The set that is in this memorandum tonight and the set that will come out of the
other group. What I need now switching my hat for being chair of this committee or
facilitator of this committee to be the Ada Planning Association Director what I need
from you by approximately the first week in February maybe second somewhere around
Meridian City Council Special Meeting
January 19, 1999
Page 4
there, and I can extend that a little bit. Charles has some advance warning. What we
need from you is a list of what you what in destination 2015, the update to destination
2015 which we are in the process of right now and which will be designated as
destination 2020. It doesn't matter to me whether it comes from this list or from the
other list. You won't see Fairview and Eagle Road questions on any of this list. If you
go down into the detail. That didn't get mentioned. The Mayor mentioned to me tonight
there's a question there we need to deal with because our long range plan does indicate
that the long term design for Eagle Road is that quasi limited access roadway, which
would have some overpasses. One of which would be at Fairview and this group did
not deal with issues like that so you're probably better off even though it maybe a bit
tougher for you to make the decision, you're probably better off in having the two sets of
things come to you pretty much simultaneously. The goal that I have short term is to
have a list of projects from you that we put into the update which will be called
destination 2020. The committee also stands ready at whatever point Shari is far
enough along with the Comprehensive Plan to require or to be ready to deal with the
update of the transportation component to the plan. This committee stands ready to
support that activity as well.
(Inaudible - off the microphone)
Corrie': Any questions? One of the things that I think ACHD is going to be taking a very
close I mean close look at is Locust Grove very quickly. We've got some things that are
coming in that are going to make Locust Grove a hot spot especially at Locust Grove
and Franklin. And I think there's two ACHD commissioners right now that are really
wanting to do that Locust Grove project as soon as possible. Ten Mile we have to
(inaudible). Council have any questions on (inaudible).
Anderson: Mr. Mayor I just had a question. You kept referring to different groups.
What kind of groups are you talking about? Groups that are within this -
Bowman: I'm sorry Councilman. When we got to setting priorities, we had a list of
projects that everyone had finally got all their items on the list. We divided the group or
the committee the task group up into five smaller subgroups and each of them were
given I forget how many - they had so many items that they could identify as top
priority. They got to choose those. That's how these rankings got established.
Anderson: Okay, thank you.
(Inaudible)
Rountree: Clair, you've had an opportunity I think to look at the transportation
committee's city's how do I differentiate these? This group and the CIC committee.
Both the recommendations a good share of the projects that have been recommended
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Meridian City Council Special Meeting
January 19, 1999
Page 5
from both groups are surprisingly similar so as far as (inaudible) job goes I think it's
pretty straight forward. A couple of factors that seem apparent to me is one a lot of the
recommendations on the part of this group center around some fairly significant
expenditures and commitments on the part of the transportation department and ACHD.
The Mayor may not come as a result of the ongoing quarter study. Was that discussed
at all with this group?
Bowman: Mr. Mayor and Councilman, the answer was yes that was discussed a bit.
think what you have by having an ongoing committee providing one set of
recommendations, there's a tendency for any of us when we do the same task
repetitively to narrow our focus of it of what we think is possible. Because we asked for
Ten Mile interchange years ago and didn't get it. Well it's off the list now. We don't ask
again. So there's a refreshing newness when you have another group of individuals
.charges with essentially doing the same thing. What is intriguing to me is the enormous
overlap between the two as you correctly point out. That tells me the issues are not
since justified folks who have been around paying attention to transportation specifically
for five or six years nor are they just the flesh and pen issues that (inaudible). They're
issues that seem to have been around and seem to have permeated the community.
With respect to the question about how some of these dovetail into the corridor study.
I'd ask you to bear with me just a second because I think something about the corridor
study is probably (inaudible). That 1-84 corridor study began in large part because of
the actions of Mayor Corrie and Mayor (inaudible). They were the two who came to me
and said we got to get this thing going. It was prompted in large part by the Idaho
Center opening fiasco. I guess I could call it that at this point. Since they've ironed out
a lot of difficulties since then. The state's participation in that came after we initially
started talking about it and it is the first project that I know of anywhere in the State of
Idaho where the Idaho Transportation Department has essentially given up control of
the process that involves priorities on its system to a locally constituted group. Out of
the ten voting members on that 1-84 task group, only two of them are Idaho
Transportation Department representatives. That's an precedented action. I believe
that despite the controversies about the Karcher interchange in Canyon County, that
those ten folks will come out of there with a set of recommendations that are pretty
unanimous for the two counties. My suspension is that Ten Mile interchange is likely to
be the second highest priority item on there, and that at least one of the two overpasses
is like to end up on that list as well or perhaps even a shorter time frame than other
interchange after Karcher. (Inaudible) this committee in other words has already had an
impact on what I take with me and what Roland and Terry Little take with us to those 1-
84 corridor studies, and I'm just pretty optimistic that those things are going to end up in
a relatively high priority position on that despite the fact that they large ticket items from
a cost standpoint. Pardon me taking a long time to answer a short question. I do
recognize the concern, but I believe if somebody doesn't push for those projects here
locally, we lose some chance of getting them high on the corridor study priority list.
That's a personal observation.
Meridian City Council Special Meeting
January 19, 1999
Page 6
Bentley: Mr. Mayor, I'd like to thank the committee for the work they've done and I must
say that your tier one projects are the ones that I've been discussing with the Mayor and
with APA for some time, and I feel were top priority items and I'm glad to see the
thought trains were the same. Thank you.
Rountree: Mr. Mayor I have another question for Clair. If I understand the language in
the memo correctly, the recommendation of the group is to implement all the tier one
projects before anything in tier two is done or before the couplet is done.
Bowman: I believe the recommendation was limited to just the tier one projects before
the couplet is done. I don't believe we had any discussion about tier one before tier
two. I think there's was some discussion to the contrary saying that there's some tier
two projects in there that are far easier to do and relatively easy fixes. One of the traffic
signals as an example. (Inaudible) things that can help out in large ways and they
ought to be done right away.
Rountree: I'm sure I know the answer to this question, but I just have to ask it. Was the
subject or the idea of implementing the couplet on the temporary basis discussed and
the removal of it be considered after all the tier one projects were completed given my
look at this and the dollar commitment, it's going to be a fair amount of years and that
would be my second question. What kind of time line was the group working with in
terms of implementing all these projects? This isn't going to happen in a couple of
years.
Bowman: The answer to your first question is no, there was no discussion of temporary
implementation of the couplet to be reversed if these projects worked out satisfactorily.
The second question about the time frame, we're looking at a ten to twenty year time
period. You've worked with enough (inaudible) recognize that the problem I had this
morning getting from point A to point B becomes a very important issue to me.
(Inaudible) had that same problem. Even if it's a pot hole in the street, and you're
talking about a 20 year time frame, that pot hole may end up in a 20 year list project for
fixing the pot hole. It may end up on a list of projects that you intend for a 20 year
horizon because it's the bur under the saddle that agitates and irritates and needs to be
soft. I think this group did a remarkable job of staying away from those little issues like
that and focusing on the larger picture. They were perhaps one of the most fun groups
to work with I have ever worked with in this kind of context.
Rountree: They're Meridian citizens. Of course they would be. We would expect
nothing else.
Unidentified: Mr. Mayor and Councilmen, with respect to the last question in the tier
one project for the Ten Mile interchange, some of the discussion led to the flavor that it
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Meridian City Council Special Meeting
January 19, 1999
Page 7
takes anywhere from five to seven years on a fast track to get an interchange put in and
the two overpasses Locust Grove and Linder were part of the discussion that the groups
had with respect to getting that done and what do you do with the other two and the
group would encourage the Ten Mile situation because that solves most of the problems
the quickest and the best even though it is the largest price tag. The overpass on
Locust Grove was the second consideration if we don't get - Locust Grove if we do get
the Ten Mile overpass and interchange in. If we didn't get Ten Mile interchange, then
the Linder overpass would be the top priority to relieve the congestion we have out
there, and the concern we had as a group is that the residential traffic load out in that
area at Kuna and west Meridian, east Nampa is the heaviest out there and that seems
to be what's burdening the downtown area and keeping with our philosophy if we can
gain some relief with that installation then that's going to put us ahead and I guess we
didn't talk extensively about the economic development out there, but with that kind of
an installation and we have an increase in the economic opportunities out in that area
which would enhance some of the other considerations for the community, so that was
some of the direction we had a feeling for.
Rountree: Clair, the previous discussion we had or presentation we had from I believe
they were Earth Tech or their predecessor, anyway Gary Funkhowser and Jim Pine,
consultants for ACHD indicated that a good number of the projects specifically the Ten
Mile interchange would not necessarily relieve the congestion problem that we see now
in downtown Meridian. Did ACHD's participation and/or the state's participation in this
effort provide information that's contrary to that or different information or revised
information?
Bowman: We asked the staff, district 3, Idaho Transportation Department ,of the Ada
County Highway District and of the Ada Planning Association to explore exactly that
question. Again there was a tendency to disagree a bit with Mr. (Inaudible).
Rountree: Wouldn't be the first time.
Bowman: I think the shortest answer to the recommendation of the folks from the three
agencies (inaudible) that was Charles (inaudible), my staff, Terry Little from the
Highway District and Jeff Miles from the Idaho Transportation Department, District 3
office. Their belief as they expressed it to this group was that a combination of Ten Mile
and Locust Grove overpass does a lot to provide alternative traffic movements around
Meridian and E. 1 st. If you add the Locust Grove or add the Linder Road overpass in
there as well that it can really draw off much of the through traffic that is currently used
in that provided you also fix up Overland Road between Linder and Locust Grove so
that it makes an easy access back to the interstate so that folks coming from the north
have three avenues to cross the interstate instead of one within the two mile block of
Linder and Locust Grove and can still easily get to the interstate. That was their
conclusions. We did a little bit of modeling on that, but not with all three. We did
Meridian City Council Special Meeting
January 19, 1999
Page 8
modeling with the two overpasses and we did modeling with the interchange and one of
the overpasses. Both cases they provide some relief to Meridian and E. 1st.
Rountree: Thank you.
Bentley: Clair, was there any discussion, I don't see it in here on building out of Linder
Road between Franklin and Cherry?
Bowman: Yes, there was.
(Inaudible)
Bentley: Yeah, did I pass it up?
Bowman: (Inaudible)
Bentley: I don't see it on the list.
Bowman: (Inaudible)
Bentley: Linder - between Franklin and Cherry. Alii see listed is the overpass.
Bowman: (Inaudible)
Bentley: So you're saying that your (inaudible) 02 is actually the overpass and the
widening out of-
Bowman: Yes.
Bentley: Okay, thank you.
(Inaudible)
Corrie: Any other comments on the transportation?
Rountree: Mr. Mayor I just wanted to make a comment similar to Glenn's to thank you
all for taking this on. I know I kind of threw challenge out some months ago that if you
wanted us to hear something different, bring us back something different and I think
you've done a great job in coming together. I think it was very wise to use a facilitator.
It probably made your work a little easier even though it's not easy work. I appreciate
the effort and what is really unique I think out of this effort is as Clair put it how close
both these different committees looked at the issues in Meridian and how similar a good
share of the solutions are.
Meridian City Council Special Meeting
January 19, 1999
Page 9
(Inaudible)
Rountree: And I'm a perfect example of that.
Corrie: Thank you Clair.
Patton: Mayor Corrie and members of the Council, it's good to meet with you this
evening. The first thing I'd like to do is recognize the members of the committee that
participated in the Mayor's Ad Hoc Historic Group. We have some of them here this
evening and one had to leave a little bit early, but we attended several 7:00 in the
morning meetings, cold mornings sometimes and I appreciate the work of this
committee to get up out of bed early and come out and do that. All of the members of
the committee served double duty. We served on the transportation committee as well
as the historic committee. So we've been at this for quite some time. What we saw as
the charge for the committee was what should be done to preserve the historic integrity
of Meridian and look at that from the viewpoint of both the scope of the mission
statement that was done in the Comprehensive Plan that was coming up and we came
up with a set of recommendations that I'd like to pass out to you. These
recommendations what we've done is come up with a description for a historic district
that we would like to see implemented in the Comprehensive Plan and in the planning
for Meridian City. That district is fairly large as we will see in just a second and it tries to
incorporate all the significant historic properties that we would like to see conscience
preserved in the area. There's a description over here that kind of outlines it and I also
have an overhead here that I think Gary prepared for us or the Mayor. Basically the
description runs from Cottonwood Avenue which is we learned is the old name for
Franklin on the bottom here on the south side and proceeds up all the way to Fairview
Cherry Lane on the north side. The boundary of this historic district would include both
sides of the street of the boundary that's outlined as you can see here. The historic
properties within the district are scattered pretty much and therefore that's one reason
for being fairly large and another reason for being fairly large is this is an area that we
have not designated there be necessarily limitations on the building or construction in
the property areas, but rather go through a review process when those events were to
take place. As part of our recommendations then the task force recommends that this
district boundary be put into place but that further study be done so that sub-districts
within the boundary can be identified for specific building requirements within smaller
sub-districts. An example of this might be the area of old town in Meridian. The original
plat probably for the commercial properties in Meridian and that area would have
specific limitations that might be different than limitations that are in other parts of the
city. We recommended that there be a goal, an objective established you see these on
the second page of this letter. The goal would be to preserve and enhance all the
features of the community's heritage that define and contribute to Meridian's sense of
identity and unique quality of life. And then to implement that the objective would be to
Meridian City Council Special Meeting
January 19, 1999
Page 1 0
preserve and enhance the aesthetic natural and cultural resources of the Meridian area.
Then we set forth some policies that we would like to see incorporated into the
Comprehensive Plan. Actually we don't want to replace the policies that are already in
the Comprehensive Plan that deal with historic areas, but rather use these policies to
match up with those and see where both can be implemented together. The first policy
is to encourage programs that will increase the community's awareness of its heritage
as well as the economic and aesthetic value of preservation. Much of Meridian as you
are aware are new residents. They are not aware of the historic aspects of the
community and we think programs to enhance that would be very beneficial. The
second policy is to support private and public investment in the restoration of historic
properties, outdoor spaces and natural features. Number three is to identify sites and
structures of historical or cultural importance, and initiate programs to preserve such .
areas and facilities. Number four ensure that all new development enhances the visual
quality of its surroundings. Number five establish an aesthetically consistent community
that is identifiable and compatible with the historic heritage of Meridian. Six to ensure
that all new developments and property alterations within the historic district be
submitted to the Certified Local Government for review, comment and recommendation
to the Meridian City Council. This deserves a little bit of comment and that is you might
notice that approval is not included in this. What we're looking at is that a Certified
Local Government have an opportunity to look at construction within the district for
review, comment and recommendation so they can help the Council making decisions
in terms of what should be done with those properties and finally the requirements and
guidelines should not unduly restrict investment and development but should promote
consistent development that enhances the visual quality of the community. What we're
looking for here is to help developers to maintain the goals of the community as
opposed to limiting developers and so we'd like to see more emphasis placed on that.
We also came across the concept that Main Street used to be - at one point in time was
passed we understand by the City Council to be named in place of E. 1 st Street. And
we would recommend that Main Street be implemented again that for E. 1st Street be
renamed Main Street. So with all the time that we spent on this, I think the
recommendations that we made are general in a sense that what we're trying to do is
not force any hard and fast rules on people but rather to give recommendations to have
a kind of concept that the community understand that Meridian has historic value and
those values should be maintained and preserved. So I'd like to thank you for the
opportunity to present this to you and thank the committee for their hard work in putting
it together.
Corrie: Any comments from the Council?
Patton: By the way, I'm not at all an expert on historic preservation and therefore the
other members can respond to that.
Meridian City Council Special Meeting
January 19, 1999
Page 11
Rountree: Mr. Mayor apparently a question for other members then. You proposed a
boundary of the historic district. Is the intent of that historic district meet the
requirements of the national historic register listing the historic area and my real
question is there enough continuity and historicity within those boundaries to make that
boundary real? They're pretty restrictive on how things have to come together so is it
more of a planning boundary or is it something you're actually going to look for national
recognition?
Patton: My response would be more of a planning boundary. The historic properties
and they are scattered as I mentioned. Gwen might have more information on that
though.
(Inaudible - off the microphone)
Rountree: I guess I see this somewhat similar to what other communities are doing and
it's not necessarily related to a historic area, but neighborhoods and pretty much being
recognized in the Compo Plan with a set of goals and standards and that they want to
accomplish through neighborhood association and I think that's what you are trying to
propose that it be recognized in the Camp Plan and you have some input and guidance
in how this area goes forward. Is that what you're trying to accomplish which keys in
really well with our effort to update the Comp Plan.
Patton: I don't think we originally planned it that way, but I do believe that is the way it's
kind of ended up to be.
Rountree: I guess having heard some of the warm and the fuzzy words that we all talk
when we talk in these kinds of things, does the group have any idea what to do with our
neighbor to the south?
(Inaudible)
Corrie: Any other comments?
Bird: I have none, just very good job.
Bentley: I have none.
.Rountree: Mr. Mayor again I express my appreciation and thanks to the group for doing
this aspect of the visioning process as well, but again I know you spent a lot of time and
this particular piece in terms of the Camp Plan update is very timely and probably can
slip right in there.
Meridian City Council Special Meeting
January 19, 1999
Page 12
Corrie: If that concludes the presentation of the two Ad Hoc Committees and again I
want to thank you very much for presenting that to us and we'll be working on that with
the Comprehensive Plan as well and have you in part of it. So thank you very much. At
this time I'll ask for a motion for adjournment.
Rountree: Mr. Mayor I would move that we adjourn this special meeting.
Bird: I'll second that.
Corrie: Motion made and second that we adjourn the special meeting. All those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:22 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 884-4264
Council Members
CITY OF MERIDIAN
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) 88-1.-5533
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, January 19,1999 at 6:30 P.M. The Meridian City Council will hear a
presentation and report by the Mayors Ad Hoc Transportation and Historical
Trask Group. The Meridian City Council will also hear the Auditor's presentation
and report for 1997 /1998 Fiscal Year.
The public is welcome to attend.
DATED this 12th day of January, 1999.
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WILLIAM G. BERG, JR.
(
MAYOR'S AD Hoc HISTORIC COMMITTEE
r!lc[PJn~
RECEIVEr
JAN 1 9 1999
CITY OF l\1ERIDW
Jh~
To: Mayor Robert Corrie
From: Members of the Meridian Ad Hoc Historic Preservation Group
Date: January 12, 1998
Subject:
Historic Task Group Recommendations
Members of the Meridian Ad Hoc Historic Preservation Group have met on several occasions to
develop recommendations for your consideration in Meridian's comprehensive planning process.
The Task Group has agreed on recommendations regarding the boundaries of a proposed historic
district in the City of Meridian and policy guidelines for future development within these
boundaries.
Historic District
It was the conclusion 'of the Task Group to define a historic district that included significant
historic comniercial and residential structures including those listed on the National Historic
Register. Many of these structures are scattered throughout Meridian requiring a relatively large
boundary to the district.
The boundary of the district would begin at the intersection of Franklin Rd. and Meridian St. and
proceed north to the rail road tracks. They would then go west to West 4th St. then north to a line
aligned With State Ave. The boundary would then turn east along the State Ave. line to West 1st
St. then proceed north to Cherry Lane. The northern boundary would follow Cherry
LaneIFairview to East 212 St. then turn south to Carlton Ave., then proceed east to the line
aligned with East 6th St., then proceed south along the East 6th St. line to Bower St. The boundary
would then follow Bower St. west to East 3rd St. then turn south to along East 3rd St. to Franklin
Rd, then proceed west along Franklin Rd. to Meridian St. ~e district would include both sides
of the streets described except for Franklin Road (Cottonwood Ave.) on the south and Fairview
(Cherry Lane) on the north (a map of the proposed district boundaries is included).
The Task Group recommends that a formal study of historic residential and commercial
properties be made within the described district for the purpose of identifying sub-districts such
as Meridian's Old Town and historic corridors. Consideration should then 'be made for specific
requirements for historic properties in each sub-district, such as those described in the Uniform
Code for Building Conservation (UCBC), allowing for historic preservation grants and the
development of an aesthetically consistent historic atmosphere.
Historic Policy Guidelines
The Task Group recommends that Meridian establish ~oals, objectives and policy guidelines to
frame and direct actions taken that impact the historic integrity of Meridian. The following
recommendations reflect the conclusions of the Tas,k Group and are not intended to reolace
existinlZ historic obiectives and oolicies. It is hoped that these reconunendations will be"includ.ed
with existing historic policies as part of the discussion during the. process of updating the
"Meridian Comprehensive Plan. We recommend the following:
(
MAYOR'S AD Hoc HIS1~ORIC COMMITT.EE
r
Historic Goal: To preserve and enhance all of the features of the community's heritage that
define and contribute to Meridian's sense of identity and unique quality of life.
Historic Objective: To preserve and enhance the aesthetic natural and cultural resources of the
Meridian area.
Historic Policies:
1. Encourage programs that will increase the community's awareness of its heritage as well as
the economic and aesthetic value of preservation.
2. Support private and public investment in the restoration of historic properties, outdoor spaces
and natural features.
3. Identify sites and structures of historical or cultural importance, and initiate programs to
preserve such areas and,facilities.
4. Ensure that all new development enhances the visual quality of its sUrroundings.
5. Establish an aesthetically consistent community that is identifiable and compatible with the
historic heritage of Meridian.
6. Ensure that all new developments and property alterations within the historic district be
submitted to the Certified Local Government for review, comment and recommendation to
the Meridian City Council.
7. Requirements and guidelines should. not unduly restrict investment and development but'
should promote consistent development that enhances the visual quality of the community.
Main Street
A fmal recommendation is that the action taken several years ago to rename East 1 st Street to
"Main Street" be revived. We believe the name o.f Main Street would enhance the development
of the city's core district and more a~curately reflect the central nature of the street to the history
and future of Meridian.
Specific city ordinances should be considered and passed to support the goals, objectives and
policies of preserving the historic integrity of the Meridian community.
Committee Members:
W. David Patton, Chair
Gwen Alger
John Berg
Peggy Gardner
Rhonda. Gileroy
Dale Ownby
Terry P. Smith
, ",a ADA'
\.~'l'--
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PLANNING A3S0CIATION
MEMORANDUM
413 West Idaho Street. Suite 100. Boise, ID 83702-6064 elc dP" jUt}
RECEIVEr
JAN 1 9 1999
CITY OF MERIDW
df btd-
Clair Bowman on behalf of Meridian Ad Hoc Transportation Task Group
Mayor Robert Corrie
TO:
FROM:
DATE:
December 8, 1 998
RE:
Task Group Recommendations
This memorandum is intended to transmit to you the Meridian Ad Hoc Transportation Task
Group recommendations for transportation-related projects in and around the Meridian area.
Your original charge to this group was somewhat open-ended - allowing members of the group
to determine whether to focus just on the Meridian/East 15t Street One-Way Couplet or to
address a broader focus. The Task Group formally opted for the second of these alternatives;
therefore. recommendations encompass concerns of the downtown area as well as those
several miles in all directions.
The Meridian Ad Hoc Transportation Task Group adopted, early in its deliberations, a guiding
principle: Minimize traffic through the downtown area which does not have a downtown location
as its origin or destination. The tas.k group believes the following Tier 1 projects, by themselves,
will solve the issues which brought about the formation of the task group, without the E. 15t
Street and Meridian Road couplet being required within the foreseeable future. The task group
specifically recommends that Tier 1 projects be implemented as soon as possible, recognizing
that the E. 15t Street and Meridian Road couplet may still be required if the Tier 1 projects do
not solve the issues.
The committee process has worked extremely well in my estimation. Members whom you
appointed have participated actively and consistently. A number of community residents have
attended each of the meetings. Steve Youngerman, Tim Heinze, and the Meridian St. Luke's
Medical Center have provided a very supportive environment in which to hold task group
meetings. And, of course, Chamber leadership has been extraordinarily helpful in supporting
broad participation.
The following recommendations are grouped into three categories or "tiers." A brief listing of
each tier is provided in tabular form. A more comprehensive aggregation of all of the tiers _
including estimated costs, funding sources and program status - is attached for your reference
and that of the City Council.
Tier 1 projects are considered sufficiently important that they need to be set apart from the
remainder of the Task Group's ranked priority projects. These represent projects which were
selected as a top priority by two or more of the five subgroups who independently assigned
project priorities: the Ten Mile InterGhange; overpasses at Linder and Locust Grove; transit
service; and several supporting projects which provide system connectivity and preseNe right-of-
way for future needs.
(208) 345-5274 · Fax (208) 345-5279 · www.pZanning.cog.id.us
K:\DATA\WP\C8\MERID VISIONS: RECOMMENDMMO
P02
P03
P04
P05
P06
P06e
PO?
Pro.ect Oescri tion
en Mile Interchange construction (lock up reservation of land) (Note: If Ten Mile
irst, then Locust Grove second. If Ten Mile no gal then Linder Road first - need
omething to the west)
Linder - Overpass over 1-84
Locust Grove - Overpass over 1-84 (and related improvements)
Fixed route transit service to Boise-includes annual ca ital and 0
Franklin - widen to 5 lanes east to Five Mile Road
Increased Capacity/Flow Improvements:
Meridian Franklin to Cher 3 lanes-lock u ROW 1 mile subset of P06
1-84/Meridian Road interchange improvements (include pedestrian access and
Improvements to overland) (Because of construction impact, wait on this until
ther over ass com leted
Increased Capacity/Flow.lmprovements:
verland (Ten Mile to Eagle) (Purchase for 5 lanes - start with 3 lane construction
P06
P06f
The "Key #" column represents an arbitrary numbering system used to identify individual
projects. The '(Priority" column contains one checkmark for each of the five prioritization
subgroups who picked a particular project as one of their top priorities. The "Project
Description" contains a brief introduction to the project and interpretive text if needed.
The Task Group specifically considered the Ten Mile Interchange as its number one priority
while at the same time recognizing that it may not be built for some time. The relative priority of
Key #5 P02 and P03 depends upon whether the Ten Mile Interchange is constructed within a
relatively short or distant timeframe. Specifically, in the event that the Ten Mile Interchange is
programmed for construction in the relatively near future (probably less than 10 years), then the
second priority would be a Locust Grove overpass, thus balancing one major construction effort
to the west with one major construction effort to the east. However, in the event that the Ten
Mile Interchange is not programmed until nearly 2010, the Linder Road overpass is deemed to
be higher priority in order to accommodate increasing pressure to the west
Pro.ect Descri tion
E. 1 st & Meridian - One-Wa Cou let
New Road - Central Valle Cor . Park to Locust Grove Collector 0.5 mile
Increased Capacity North/South:
Downtown urban renewal ideas
East 3rd Street
New RR Crossing (difficult to add new crossings)
est 4th Street Extension
raffic Signals:
1-84 eastbound off ram and Meridian Road
Tier 2 projects received one "top priority" designation by prioritization subgroups. In general,
these projects are distributed throughout the City of Meridian and surrounding areas.
K:\DATA\WP\CB\MERID VISIONS: RECOMMENOMMO
P16
Pro.eet Oescri ticn
Frontage road - north of 1-84 and west of Meridian to Linder (Collector 1.0 mile)
Locust Grove--widen to 5 lanes Franklin to Pine 0.5 mile
ew Road - Locust Grove east to Eagle Road extend Magic View west (all north
f 1-84 Collector 1.0 mile
athways along canals/ditches-$200K/mi (include ROW)
P17
P18
P19
P19a
P19b
P19c
P20
P20a
P20b
P20c
P20d
P20g
P20h
P12
P12a
P12b
P12c
P12e
P12f
P12g
P12h
P12i
P12'
Pine Street - Extend from Nola Road to Ea Ie 1 mile
RR ri ht-of-wa rotection about $200,000
ooperative ROW Usage:
Bike paths (outside ACHD right-at-way)
alking paths (outside ACHD right-ot-way)
arkin availabili outside ACHD ri ht-of-wa
Increased Capacity/Flow Improvements:
rd St. (Pine to Franklin) (0.5 mile)
Franklin (Meridian to Eagle) (see #P13)
Franklin (Meridian to Black Cat) (3 mile)
eridian (Ustick to Chinden) (2 mile)
en Mile (Ustick to Chinden) (2 mile)
Ustick Meridian to Ea Ie 2 mile
raffle Signals:
E. 1 st and Idaho (Exists) upgrades
E. 1 st and Corporate
Eagle Road and Pine - part ot Project #P14
inder and Franklin - Done! Done Fri., Nov. 26
ocust Grove and Franklin - Part ot Locust Grove Ext.
oeust Grove and Ustick - Built w/Fairview to Ustick
eridian and Pine - Done
Pine and E. 1 st - Done
Pine and Locust Grove - Part ot Project #P14
Tier 3 projects represent all other projects specifically considered by the Task Group and
deemed important enough to recommend for your considerationa
K:\DA T A \ WP\C BWERID VISION S: RECOMMENDMMO
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Meridian
Ad Hoc Transportation
Committee
RECEIVEI
JAN 1 9 1999
CITY OF MERIDIA1
{} I ( J?: IJ/}~
dh~
Reporl to
Meridian City Council
The Meridian Ad Hoc Transportation Group developed the following set
of recommendations through the group processes facilitated by Clair
Bowman.
1
arge
Meridian/East First Couplet
or
II Broader concept
The initial question was brought about by the need to determine
whether East First Street and Meridian Road should remain two way or
be converted into a couplet
The broader question that considered the Meridian Vision statement
and the desires of the community was adopted as the rationale for the
decisions and recommendations.
2
(
Meridian Vision Statement
Meridian is a vibrant community at
the center of the Treasure Valley
dedicated to embracing its heritage
and providing a high quality of life
where its citizens Jive, work and play.
The Meridian Vision Statement was developed to serve as a focal point
for decisions relating to the direction and development of Meridian and
its surrounding community.
3
mmittee Philosophy Statement
. .... Minimize traffic through the downtown
area which does not have a downtown
origin or destination
The Group developed a statement that reflects the importance of
downtown Meridian and the purposes of citizens coming and going
there.
4
Process
'c" Concepts
',' :;J~/ <J:fj
.~.~:;:f":t..:~~..~~-~- .~
:"'5'i Outside input
II Group Prioritization
II Recommendations
5
Recommendations
;j
"'I
;Ci';~ Tier 1- Top priority for all groups
. Tier 2- Top priority by at least one group
II Tier 3-AII other projects considered
6
. r One Projects:
/;",1
"...i! Ten Mile Inter Change
.t?i}/~ i:~~r - ;
II Linder Over pass
II Locust Grove Overpass
5 priority points
4 priority points
4 priority points
7
r One Projects:
. Fixed route transit 3 priority points
t:'J;~;'j
:f~~')\! Widen Franklin to Five Mile 3 priority points
': ':'Ii Increase capacity-Meridian Road
Franklin To Cherry 3 priority points
II Meridian/I 84 Improvement 2 priority points
II Increase cap a city- Overland 2 priority points
8
r Two Projects
:i E 1 sf & Meridian Rd Couplef1 priority point
,-~~;;~,a New Road to Locust Grove 1 priority point
;.,f';:Ic.'.";~ ..,
;~.~:'....~- .-~>..~. ,'-
'--'-- -Ii Increase capacity-north & south
downtown vicinity 1 priority point
II Traffic signals 1 priority point
11/-84 east bound off ramp 1 priority point
9
r Three Projects
Frontage Roads
II Pathways
II Right of Way protection
10
r Three Projects
m
""~,~~ Cooperative Right of Way
.r1ffF:;~ - I ~< ~r.~~~
: .,. ::"11. .. _~
::"1.'" ; I .- .~
II Increased capacity
II Traffic Signals
11
. nclusion:
.~, Meet philosophy test
II and Meridian Vision Statement
12
ITEM NUMBER: 118-1
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
SEE ATTACHED AMENDED RESOLUTION
v
r(OV
tiff
. .
(
To: MAYOR CORRIE
From: Gary D. Smith, PE
cc: File
Date: 09/25/98
Re: Resolution No.172
l!bjqq,
~~ ~ ML~
b ILdA. 9'YrfI;Wt tl ~ M
~ t u ft--~ 'vt 171, 1t~f- t-IvW't 14' ~f
1M=!- vU1 hh ~ rAt ~J' r
re~ 41/M. ~tl w~ ~rh Iv Y1Mf
~ -h~. 7 cUJ1'/- ~ w-/...o tlJJu.tL UU
k ~ -ft..L ~ 1M 1u'vz I &f.A.;ttto U9 h I<<JI~
~ 1/1 ~ ~ I) jJ f#J1 D Sf/).. vi.! ILeUJ.J rh 'be dArYtl .
Mayor. I noticed when I read this Resolution that the effective date is August 26, 1998. The memo that rY.o--
you wrote on September 2, 1998 concerning Administrative Time stated that this change would be
effective September 26, 1998. The City Council approved this resolution on September 15, 1998.
Memo
I would appreciate receiving a darification on these dates.
Gary
Thank You,
~Zi
S;rf;2~J I~ 9 Y -
(jv1-
t4
From the desk of...
GaryD. Smith, PE
Meridian City Engineer
Meridian Public Wotks Department
200 E. Carlton St., Suite 100
Meridian, Idaho 83642..2600
(208) 887..2211
Fax: (208) 887.1297
. Page 1
./
Office
of the
City Attorney
RECEIVED
. J :~ >i - 5 ~ :; .~: : ~
200 E. Carlton Ave. Suite 31
PO Box 1150
Meridian 10 83680-1150
Phone: 288-2499 Fax: 288-2501
E-mail: wfg@wppmg.com
CITY OF MERIDL~\T
To:
From:
Re:
Date:
Mayor, City Council and City Clerk
Bill Gigray, City Attorney ~
Resol~tion Personnel Policy Manual
January 5, 1999
'-
Along with this memo I am attaching a resolution amending Resolution no. 172
regarding overtime Pay. The purpose of the amendment is to correct the
commencement date from August 26, 1998 to September 26th, 1998 retroactive to the
26~ of September, 1998. In all other respects the resolution remains the same.
I recommend that this matter is basically a house keeping matter that does not require a
public hearing or notice and that it could be added to the agenda as provided in Idaho
Code ~ 67-2343 (1) which provides in its relevant parts: " ....A forty-eight (48) hour
agenda notice shall be required in advance of each regular meeting, however. additional
agenda items may be added after completion of the agenda up to and including the hour
of the meeting, provided that a good faith effort is made to include in the notice all
agenda items known at the time to be probable items of discussion....".
The City Clerk and Mayor have made a good faith effort to include all items on the
agenda this matter comes from the City Attorney's office as just having been prepared.
RESOLUTIONNO 172
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN AMENDING THE PERSONNEL POLICY MANUAL
SECTION IV, SUBSECTION B, SUBPARAGRAPH 5,
PROVIDING EXECUTIVE, ADMINISTRATIVE OR
PROFESSIONAL EMPLOYEES WHO QUALIFY AS AN
~XE~piEMPLOYEE UNDER THE FAIR LABOR
STANDARDS ACT (FLSA) WILL BE PAID IN COMPLIANCE
WITH FEDERAL LAW FOR HOURS WORKED IN EXCESS OF
FORTY (40) HOURS PER WEEK COMMENCING AUGUST 26,
1998, AND AMENDING SUBPARAGRAPH 6, DELETING
PROVISIONS REGARDING THE ACCUMULATION AND USE
OF COMPENSATORY TIME AND PROVIDING INSTEAD FOR
NON EXEMPT EMPLOYEES TO BE PAID TIME AND ONE-
HALF (1 ~) THE REGULAR RATE FOR HOURS WORKED IN
EXCESS OF FORTY (40) HOURS PER WEEK SUBJECT TO
ADVANCED APPROVAL.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. FINDINGS:
WHEREAS, it is in the best interests of the City of Meridian to
provide a policy covering exempt employees regarding overtime
compensation in compliance with the Fair Labor Standards Act and to
provide for the use of accrued administrative time by exempt employees
RESOLUTION OF THE CITY OF MERIDIAN AMENDING THE
PERSONNEL POLICY REGARDING CHANGES THERETO
/1ht~ tl dect
RESOLUTION NO. 172
By 6/Rl1l1-l3ehf/~"1
COUrIe} / Inqrv "
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN MAIGNG CERTAIN FINDINGS, AMENDING THE PERSONNEL
POLICY MANUAL SECTION IV, SUB-SECTION B, SUB-PARAGRAPH 5,
BEING OVERTIME COMPENSATION BEING THE COMMENCEMENT
DATE FROM AUGUST 26, 1998 TO SEPTEMBER 26, 1998.
NOW THEREFORE be it resolved that the Mayor and City Council, City of
Meridian, Idaho:
SECTION I. FINDINGS:
WHEREAS, Personnel Policy Manual Section IV, Subsection B, Sub-
paragraph 5 was amended by Resolution No. 1 72 pertaining to overtime
compensation; and
( WHEREAS, Resolution No. 172 provided for a commencement date of
August 26, 1998 and should have provided for a commencement date of September
26, 1998; and
WHEREAS, it is necessary to pass this Resolution to correct the
commencement date hereinabove set fOli.h and to provide that this Resolution is
retroactive to September 26, 1998, regarding such matters.
SECTION 2. Subparagraph 5 of Subsection B of Section IV, Employee
Classification, Compensation, and Benefits, Compensation Policy, Personnel Policy of
the City of Meridian, Idaho, be and the same is hereby amended to read as follows:
IV EMPLOYEE CLASSIFICATION,
COMPENSATION, AND BENEFITS:
B. COMPENSATION POLICIES:
5. Overtime Compensation - Compliance with Fair
Labor Standards Act. Commencing 1^l..Ugu3t 26,
1998, September 26~ 1998~ the City will no longer
RESOLUTION ANlENDING RESOLUTION NO. 172 CONCERNING
THE PERSONNEL POLICY - 1
convert hours worl(ed in excess of forth (40) hours
per weel( into administrative time for ~xempt
employees. All executive, administrative or
professional employees who qualify, as exempt
employees under the Fair Labor Standards Act
(FLSA) will be paid in compliance with the
applicable code of federal regulations of the (FLSA).
Any administrative time in any employee payroll
account accrued prior to the ~th dUyT of .LAAUgust,
+99-8 26th day of September~ 1998, will be available
for employee use to extend out vacation, personnel
leaves not covered under (FLSA) or unpaid Family
Medical Leave.
SECTION 3. This Resolution is retroactive to the 26th day of
September, 1998.
SECTION 4. That all other provisions of the Personnel Poli0' of the
City of Meridian, Idaho, are unchanged by this Resolution.
(
.fA. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this ICf day of dahbLdr-q , 1991-7
v
APP!OVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this /'1. day of JiUUA.CVI. j , 199'1 '1
:~'. 1;> \ \ \ \ >\ "\ t' UTI H !{ ',1/1
. ...\~\." O~ ~;~,t=:~.:._, '~~J
" ' ~ .:} ~ ...:t.."f' 1':("":.t1" r /T~
"""' c}A.. ' ....~.." . "'l;>~ :l....:~~: A.('
,'"" ~-'~ -,.. ......\;Ot rl ~
~ ~. ~O;~A """" I'~pr ~
:: .".' ~~-~_\ ~
~ 2 ~ ~ %
t/L~ftffe ~f SEAL J
- j1~ OJ ~
City Clerk ':-f ~. ~ Q/k-. ,,~ ..0 i
.. 1-- <J '"'iSr 1 S'- , ~;- ~
~ .:1 <"\\' ~
/'/ ~ -...,.. W ,~'
~~t\ '-u{JN i'( t \'~
.. II \\\
illtJtilf.n \i'~ \\
ey!Z:\Governmental Municipal\ W ork\M\Meridian 15360M\PersohheLMan.Res
A TrEST:
RESOLUTION AMENDING RESOLUTION NO. 172 CONCERNING
THE PERSONNEL POLICY - 2
RESOLUTIONNO /72
BY: Glenn /3elvi /~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN AMENDING THE PERSONNEL POLICY MANUAL
SECTION IV, SUBSECTION B, SUBPARAGRAPH 5,
PROVIDING EXECUTIVE, ADMINISTRATIVE OR
PROFESSIONAL EMPLOYEES WHO QUALIFY AS AN
EXEMPT EMPLOYEE UNDER THE FAIR LABOR
STANDARDS ACT (FLSA) WILL BE PAID IN COMPLIANCE
WITH FEDERAL LA W FOR HOURS WORKED IN EXCESS OF
FORTY (40) HOURS PER WEEK COMMENCING AUGUST 26,
1998, AND AMENDING SUBPARAGRAPH 6, DELETING .
PROVISIONS REGARDING THE ACCUMULATION AND USE
OF COMPENSATORY TIME AND PROVIDING INSTEAD FOR
( NON EXEMPT EMPLOYEES TO BE PAID TIME AND ONE-
HALF (1 ~) THE REGULAR RATE FOR HOURS WORKED IN
EXCESS OF FORTY (40) HOURS PER WEEK SUBJECT TO
ADVANCED APPROVAL.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. FINDINGS:
WHEREAS, it is in the best interests of the City of Meridian to
provide a policy covering exempt employees regarding overtime
compensation in compliance with the Fair Labor Standards Act and to
provide for the use of accrued administrative time by exempt employees
RESOLUTION OF THE CITY OF MERlDIAN AMENDING THE
PERSONNEL POLICY REGARDING CHANGES THERETO
and to cease the practice of providing exempt employees administrative
time and to provide August 26, 1998 as an effective date.
WHEREAS, it is in the best interests of the City of Meridian to
delete provisions of its Personnel Policy regarding the accumulation and
use of compensatory time and to provide instead for non-exempt
employees to be paid time and one-half (llh) the regular rate for hours
worked in excess of forty (40) hours per week subj ect to advanced
approval, Compensatory Time Policy.
SECTION 2. Subparagraph 5 of subsection B of Section IV, Employee
Classification, Compensation, and Benefits, Compensation Policy,
Personnel Policy of the City of Meridian, Idaho, be and is the same
hereby amended to read as follows:
IV. EMPLOYEE CLASSIFICATION, COMPENSATION, AND
BENEFITS
B. COMPENSATION POLICIES
( 5. Overtime Compensation - Compliance with Fair
Labor Standards Act. CommencinQ: August 26..
1998. the City will no longer convert hours
worked in excess of forty (40) hours per week into
administrative time for exempt employees. All
executive.. administrative or professional
employees who qualify. as exempt employees
under the Fair Labor Standards Act (FLSA) will
be paid in compliance with the applicable code of
federal regulations of the (FLSA).
Any administrative time in any employee payroll
account accrued prior to the 26th day of August,
1998, will be available for employee use to extend
RESOLUTION OF THE CITY OF MERIDIAN AMENDING THE
PERSONNEL POLICY REGARDING CHANGES THERETO
2.
out vacation; personnel leaves, not covered under
(FLSA) or unpaid Family Medical Leave.
For public record purposes all exempt employees
will still be required to complete a Leave Record.
However, hours worked in excess of forty (40)
hours should no longer be recorded.
SECTION 3. Subparagraph 6 of subsection B of Section IV, Employee
Classification, Compensation, and Benefits, Compensation Policy,
Personnel Policy of the City of Meridian, Idaho, be and is the same
hereby amended to read as follows:
IV. EMPLOYEE CLASSIFICATION, COMPENSATION, AND
BENEFITS
B. CONIPENSATION POLICIES
6. Compensatory Time Policy
(
The City of Meridian allov/s the accumulation and use of
compensatory time, v/hen requested by the employee, in amounts
not to exceed accumulation 0[200 hours 'vvithin a fiscal )Tear. No
more than 200 hours of compensatory time may be accumulated in
total. Departments v/i~hing to use compensatory time in lieu of
overtime compensation must get express permission from the
Mayor and City Council and the maximum hours must be set by
resolution of the Mayor and City Council.
IV. EMPLOYEE CLASSIFICATION, COMPENSATION, AND
BENEFITS
B. COMPENSATION POLICIES
6. Overtime Policy
RESOLUTION OF THE CITY OF MERIDIAN AMENDING THE
PERSONNEL POLICY REGARDING CHANGES THERETO
3
All non-exempt employees will be paid time and one-half (1 'i'Z) the
regular rate for hours worked in excess of forty (40) hours per
week. Overtime must be approved in advance by your supervisor
or when absolutely necessary (in case of an emergency).
SECTION 4: That all other provisions of the Personnel Policy of the
City of Meridian, Idaho, are unchanged by this Resolution.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this / 5~ day of ,yptef/h h&L , 1998.
.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this IS+!::. day of S.e.j)fe~6.e1- ,1998.
( ,
ATTEST:
RESOLUTION OF THE CITY OF MERlDIAN AMENDING THE
PERSONNEL POLICY REGARDING CHANGES THERETO
4
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
IN THE MAlTER OF THE REQUEST )
FOR REZONE OF APPROXIMATELY )
4.296 ACRES FOR PROPOSED )
SCOITSDALE SUBDIVISION BY )
WOLFE COMMERCIAL ENTERPRISES, )
LLC-SOUTH SIDE OF W. FRANI<LIN )
ROAD )
File No. AZ 98-101
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND
ORDER OF APPROVAL OF
REZONE
The above entitled zoning application having come on for public hearing
on January 5, 1999, at the hour of 7:30 o'clocl, p.m., the Applicant's Representative,
Van Elg, having appeared and numerous other witnesses having testified and the City
Council having received an Staff Report, and having duly considered the evidence
and the record in this matter therefore mal,es the following Findings of Fact and
Conclusions of Law and Order of Decision:
FINDINGS OF FACT
1. The notice of public hearing on the application for zone change
was published for two (2) consecutive weel<.S prior to said public hearing scheduled for
January 5, 1999, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within 300 feet of the external
boundaries of the property under consideration more than fifteen (15) days prior to
said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one weel, before said hearing; and that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTfSDALE SUBDIVISION - 1
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
Planning and Zoning Commission on December 8, 1998; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code 99 67-6509 and 67-6511, and 9~ 11-2-416E
and 11-2-41 7 A, Municipal Code of the City of Meridian.
3. The City Council tal,es judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereat and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 4.30 acres in size. The property is
generally located on the southwest comer of W. Franklin Road, and rh Ave., in
Meridian.
5. The owner of record of the subject property is Wolfe Commercial
Enterprises, LLC, of 1409 East First Street, Meridian, Idaho.
6. The Applicant is Wolfe Commercial Enterprises, LLC, 1409 East
First Street, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTTSDALE SUBDIVISION - 2
7 ~ The property is presently zoned as Medium High Density
Residential (R-15), and is vacant.
8. The Applicant requests the property be rezoned to Limited Office
(L-O) .
9. The proposed site is surrounded by residential development. The
site is located on Franldin Road and is adjacent to the Dreamland Daycare facility.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: Subdivide the proposed property into eight (8) commercial lots.
Develop and construct office buildings.
13. The Applicant's requested rezoning of the subject real property as
Limited Office (L-O) is consistent with the commercial designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban Development and is consistent with the Goals of the
Comprehensive Plan.
14. There are no major or scenic features of major importance that
affect the consideration of this application.
15. Concern was expressed by the owner of a 4-plex adjacent and to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTISDALE SUBDIVISION - 3
the east of the subject real property with concern of aesthetic view of the upper level
tenants. He requested suitable trees and other landscaping screening, a buffer zone
and a fence.
16. It is found that the concerns raised by the neighboring property
owner to the east can be accommodated by requiring as a condition of the approval of
the preliminary plat and subsequent final plat that a landscape site plan to include
landscaped buffer for the first 1 0' on the east be approved by the Planning and
Zoning administrative staff and that the staff recommendations in the preliminary
plat approval process are all development considerations which must be tal(en into
account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will ensure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the impact of
proposed development and potential to produce excessive traffic, noise, smol(e, fumes,
glare and odor.
17. It is found that the Planning and Zoning Commission made the
following recommendation to the City Council regarding this matter:
If The Meridian Planning and Zoning Commission
hereby recommends to the City Council of the City of
Meridian that they approve the rezoning as requested by
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTTSDALE SUBDIVISION - 4
the Applicant for the property described in the
application. "
18. Given due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction it is found that existing conditions in the area of the development
together with governing regulations and ordinances will assure that facilities and
services required by the proposed development will not impose expense upon the
public.
19. The proposed development will serve existing and growing needs
and will provide services to surrounding institutional, commercial and residential
development.
20. The subject annexation request and zoning designation and
proposed development relates to the goals and policies of the Comprehensive plan of
the City as follows:
20.1 The consideration of the provisions of the
Comprehensive plan and the requirements of the Zoning
ordinance assure that the processing of such application is
the management of growth with the aim to achieve high-
quality development Enhancement of Meridian's quality of
life for all residents is achieved by applying the criteria of
the Comprehensive plan and the Zoning ordinances of the
City to all applications such as the subject application.
20.2 This proposed new grovvth development will finance
public service expansion by the requirement herein that the
applicant comply with the requests submitted of the
political subdivisions responses within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTTSDALE SUBDIVISION - 5
Service Planning Area submitted in the record of this
matter.
20.3 The expansion of commercial development is
facilitated by the granting of this application subject to the
conditions herein set forth.
20.4 The application is consistent with Meridian's self
identity.
20.5 The proposed development will be consistent with
the goal of supplying employment and economic self-
sufficiency for the existing and future residents of the City
and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and
implement public improvements, services and its open
space character.
20.6 The preservation and improvement of the character
and quality of Meridian's man-made environment while
maintaining its identity as a self-sufficient community is
achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject
application.
20.7 Compliance with the requests of the political
subdivisions providing services, assures that community
services are being provided for existing and projected needs
and that the land use patterns of the City are balanced to
ensure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently
managed and dearly identifiable.
20.8 Compatible and efficient use of land through
innovative and functional site design is achieved by
applying the criteria of the Comprehensive plan and the
Zoning ordinances of the City to the subject application.
21. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOlTSDALE SUBDIVISION - 6
22. Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into .
commercial uses and other uses.
CONCLUSIONS OF lAW
1. The Council may talce judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975" codified at
Chapter 65, Title 67, Idaho Code by the adoption of ((Comprehensive Plan City of
Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
3.1 The Goals of the Comprehensive Plan are set forth at Page
5 and include:
3.1.1 To preserve Meridian's environmental quality and
to malce provisions for and improve the total natural
environment by adopting City-wide and Urban Service
Planning Area policies, which deal with area-specific
policies and programs.
3.1.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOITSDALE SUBDIVISION - 7
Area.
3.1.3 To encourage the ldnd of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces the
present reliance on Boise and strengthens the City's ability
to finance and implement public improvements, services
and its open space character.
3e 1.4 To provide housing opportunities for all economic
groups within the community.
3.1.5 To preserve and improve the character and quality
of Meridian's man-made environment while maintaining
its identity as a self-sufficient community.
3.1.6 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to ensure that these facilities are
available to all residents of the City.
3.1.7 To provide community services to fit existing and
projected needs.
3.1.8 To establish compatible and efficient use of land
through the use of innovative and functional site design.
3.1. 9 To encourage a balance of land use patterns to
ensure that revenues pay for services.
3.1.1 0 To create an Urban Service Planning Area which is
visually attractive, efficiently managed and clearly
identifiable.
3.2 Forecast Needs are set forth at page 16 and state:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended
employment forecast, additional land for employment-
related land uses will be required in the community.
Community actions other than land use will also be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTISDALE SUBDIVISION - 8
required to meet the employment needs of the City.
3.3 Commercial Activity Centers are set forth at page 17 and
state:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial
Activity Centers. In order to support residential and
industrial developments, areas should be set aside as
Commercial Activity Centers and their development
carefully guided.
Various commercial activity centers are designated on the
generalized land use map. Planning policies pertaining to
commercial activity centers are presented in the land use
chapter of the plan.
3.4 The Employment Goal Statement at page 1 9 states:
Meridian will achieve and support a business climate that
will offer diverse employment opportunities to satisfy
personal goals and economic needs.
2.2U Encourage and support job marl<.et expansion that
provides for mid-and upper-range wage scale and
benefits.
3.5 Under LAND USE at page 21:
Commercial and retail areas are established along major
arterials, and include small commercial centers and
individual businesses. Uses include retail, wholesale,
service, office, and limited manufacturing.
Land Use Goal 1.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that
Meridian remains a desirable, stable and self-sufficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTTSDALE SUBDIVISION - 9
community_
3.6 Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial
development in residential areas unless the uses are
compatible with the Planned Neighborhood Commercial
designation.
4.8U Encourage commercial uses, offices and medical-care
uses to locate in the Old Town district, business parl<.s,
shopping centers and near high-intensity activity areas,
such as freeway interchanges.
3.7 Under COMMUNITY DESIGN, at Page 71
3.7.1 Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1. Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.2 Neighborhood areas should be identified for future
planning purposes to assure that development will
strengthen the community feeling of quality.
3.7.2 Special Community Design Areas Goal Statement
2.1 U Require businesses and govenunent to install
and maintain landscaping.
3.7.3 Quality of Environment Goal Statement
5.2U Ensure that all new development enhances
rather than detracts from the visual quality of its
surroundings, especially in areas of prominent
visibility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE"
SCOTISDALE SUBDIVISION - 10
4. The requested zoning of Limited Office (L-O) is defined in
the Zoning Ordinance at 11-2-408B(7) as follows:
7. (L-O) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing
operations of any ldnd or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-O
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer system of the City of
Meridian is a requirement in this district.
5. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, B, Commercial, lists commercial uses allowed in the various zoning
district of the City; that professional and sales offices are a permitted use in the
Limited Office (L-O) zone.
6. That Section 11-9-60SG 1 states as follows:
Planting strips shall be required to be placed next to
incompatible features such as highways, railroads,
commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum
of twenty feet (20') wide, and shall not be a part of the
normal street right of way or utility easement.
7. That Section 11-2-416IC provides:
IC GENERAL STANDARDS APPLICABLE TO ZONING
AMENDMENTS
The Commission and Council shall review the particular facts and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTISDALE SUBDIVISION - 11
circumstances of each proposed zoning amendment in terms of
the following standards and shall find adequate evidence
answering the following questions about the proposed zoning
amendment:
1. Wi 11 the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
2. Is the area included in the zoning amendment intended to
be rezoned in the future;
3. Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
into commercial area by means of conditional use permits;
4. Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone area;
5. Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
6. Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
7. Will the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
8. Will not create excessive additional requirements at public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOlTSDALE SUBDIVISION - 12
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
9. Will the proposed uses not involve uses, activities.
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smol<.e, fumes, glare or odors;
10. Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
11. Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
12. Is the proposed zoning amendment in the best interest of
the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF lAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1. That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the redesignation of the zoning for the
real Property included in the application to L-O Limited Office District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTISDALE SUBDIVISION - 13
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code ~ 67 -6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the zoning may, within twenty-eight (28) days after the date of
this decision and order, seel<. a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
APPROVAL OF ORDER OF DECISION
The City Council of the City of Meridian hereby adopts and
approves this FINDINGS OF FACT AND CONCLUSIONS OF lAW AND
DECISION AND ORDER.
ROLL CALL
COUNCILMAN I<EITH BIRD
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN GLENN BENTLEY
MAYOR ROBERT CORRIE (TIE BREAI<ER)
VOTED~
VOTED~ (fl.LIu~ ~
VOTED
VOTED u~_
VOTED~
MOTION:
APPROVED~~
DISAPPROVED:
ey/Z:\Govenunental Municipal\ W ork\M\Meridian 15360 M\Scottsdale RZ. Fcs.wpd
RECEIVEr
JAN 1 9 1999
CITY OF lVIERIDIM
A~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF
APPROVAL OF REZONE
SCOTTSDALE SUBDIVISION - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF )
BENCHMARIC LAND )
COMPANY, APPLICATION FOR )
FINAL PLAT FOR TURNBERRY )
NO.2 SUBDIVISION, WEST OF )
BLACIC CAT, SOUTH OF )
USTICIC ROAD AND EAST OF )
MCDERMOTT, MERIDIAN, )
IDAHO )
)
)
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter cOluing before the City Council for Final Plat approval
pursuant to S 11-9-604 H Murucipal Code of the City of Meridian this 19th day of
January, 1999, and the Council finding that the Administrative Review is complete
which has included certain comlnents al1d conditions as stated in a letter to the Mayor
and Council from which are herein found fair and reasonable, and the Council having
considered the requireluents of the preliminary plat the Council talces the follovving
action:
IT IS HEREBY ORDERED THAT:
1.
The Final Plat of as evidenced in Plat bearing the job reference
#980604\TBR2-PLT BleB 09/21/98, Sheet 1 of 2, is Conditionally
Approved subject to those c011ditions of Staff comments as set forth in
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURNBERRY
NO.2 SUBDIVISION - 1
the Memorandum to the Mayor and City Council from which are herein
found fair a11d reasonable, 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 All codes will need to be met.
1.2 Street name signs need to be installed before construction is
started.
1.3 All common lots will need to be l<.ept clear of trash and weeds.
1.4 Roads need to be constructed before building is started.
1.5 After written approval from the appropriate entities are submitted,
the central sewage and central water can be approved.
1.6 Plans must be submitted to and approved by the Idaho
Departlnent of Health & Welfare, Division of Enviro11ment
Quality for central sewage and central water.
1.7 Run-off is not to create a mosquito breeding problem.
1.8 Stormwater to be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
1.9 The engineers and architects involved with the design of the
project shall obtain current best Inanagement practices for
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURNBERRY
NO.2 SUBDIVISION - 2
stonnwater disposal and design a stormwater managelnent system
that is preventing groundwater and surface water degradation.
1.10 Any encroachments must be covered with a license agreement.
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
Ineets the City's requirelnents shall be signed only at such time as:
a. The Plat dimensio11s are approved by the City Engineer; and
b. The City Engineer has verified that all off-site improvements are
cOlnpleted and/or the appropriate performance bond has been
issued guaranteeing the completion of off-site ilnprovements.
By action of the City Council at its regular meeting held on the 19th day
of January, 1999.
/
/
/~
By: ;; . ~ r
c~ OBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning a11d Zoning Department and the Public
W orles D artment.
Dated:
/-/9-tt
By:.
City ClerIc
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURNBERRY
NO.2 SUBDIVISION - 3
Nlayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 884-'+264
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · Fax (208) 887-4813
PUBLIC \VORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONlNG
DEPARTi'vlENT
(208) 884-5533
MEMORANDUM:
January 14, 1999
To:
Mayor and City Council
Bruce Freckleton, Assistant to City Engineer ~
Shari Stiles, P&Z Administrator ;2;~
RECEIVED
,IAN 1 4 1999
From:
City of )'leridian
City Clerk Office
Re:
TURNBERRY SUBDIVISION NO.2
(Final Plat by Benchmark Land Co.)
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 C01v11v1ENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.1vf, unless a variance has been granted. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral users
associatio~ with written confirmation of said approval submitted to the Public 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 nOll-
domestic purposes such as landscape irrigation.
3. 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.
4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and
detail plans for reducing or eliminating the boundary.
5. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
6. 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.
Tumberry Subdivision No.2FP
Mayor and City Council
1/14/1999
Page 2
7. Please address, in written form, all items contained in this memorandum (both General and
Site Specific) and submit to the City Clerk's office by 5:00 PM, January 18, 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 COMrvtENTS
1. This final plat generally conforms to the approved preliminary plat.
2. Six-foot-high, non-combustible, permanent fencing is required to be in place along the
subdivision boundary. A delineating fence shall be installed around the perimeter of all
common areas. Fencing shall be installed on lot lines and not within cornman areas. A letter
of credit or cash will be required for these fences prior to signature on the final plat.
3. Submit for approval detailed landscaping plans, including sizes and species of vegetation and
fencing details, for all common areas. A letter of credit or cash will be required for these
improvements prior to signature on the final plat. All landscaping and pedestrian walkways
are to be completed prior to obtaining certificates of occupancy.
4. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
Applicant shall be required to install five-foot-wide sidewalks along the entire Black Cat Road
frontage of this development. Sidewalk along the frontage of Turn berry Subdivision No.1
will be required prior to obtaining certificates of occupancy, as the improvements were not
completed in that phase.
5. Sanitary sewer service to this site will be via an extension of the mains installed as part of the
first phase of this 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.
6. Water service to this site will be via an extension of existing mains installed as part of the first
phase of this development. Applicant will be responsible to construct the water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. We have been experiencing lower than desirable
fire flows in this vicinity. With the development of this phase of Turn berry Subdivision and
Ashford Greens Subdivisions Nos. 3 & 4, the flows will be further degraded. It is anticipated
that, when the 10" diameter water main is installed between the Lakes at Cherry Lane No.4
and Ashford Greens Subdivision, this low flow situation will be resolved.
7. All street signs, road base, street lights, pressurized irrigation system, domestic water system
(activated fire hydrants), and fencing are to be installed prior to obtaining building permits.
Tumberry Subdivision No.2.FP
Mayor and City Council
1/14/1999
Page 3
8. Please add or revise the following notes:
(13) DELETE (this note is covered in the last sentence ofnate 8)
(14) ...Lot 1, Block 11 are variance lots. were granted a variance to the minimum lot
frontage requirements of the City of Meridian.
(15) AIIlots within this subdivision are subject to the terms of a development agreement
recorded as Instrument No. , records of Ada County, Idaho.
9. Add "City of Meridian" to the situate statements on the plat, and Certificate of Owners legal
description.
1 O. Graphically depict, or describe by note, ten-foot-vvide public utilities, drainage and irrigation
easements adjacent to rear lot lines. Graphically show five-foot-wide easements along the
side lot lines adjacent to the subdivision boundary: Lot 2, Block 4; Lots 20 & 24, Block 5;
Lots 14 & 28, Block 6; Lot 3, Block 1; and Lots 5-7, Block 9.
11. Lot 3, Block 1, and Lot 6, Block 4, don't meet the minimum frontage requirement of the City
of Meridian and a variance was not granted on these lots. Please adjust these lots to conform.
12. Add the ''NW Corner, NE 'i4, SE ~, Section 4" identification to the appropriate point on the
face of the plat.
13. Revise the "1998" date on the plat to read "1999."
14. Provide documentation from Ada County Highway District that bonding has been provided
for future crossings of the Safford Lateral prior to signature on the final plat. This
documentation needs to be provided by a detailed letter/description from Ada County
Highway District and not merely by the Highway District's signature on the final plat.
Tumberry Subdivision No.2.FP
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
JOHN BISS FOR CONDITIONAL USE ) ORDER OF CONDITIONAL
PERMIT FOR A GENERAL AUTO REPAIR ) APPROVAL OF
AND SERVICE FACILITY 1334 E. 1ST AVE,. ) CONDITIONAL USE PERMIT
MERIDIAN, IDAHO )
This matter coming before the City Council without public hearing under the
provisions of S 11-2-418 E Municipal Code of the City of Meridian 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:
A Conditional Use Permit is herein granted to John Biss for an automotive repair and
service station upon the real property described hereinbelow and located at 1334 East 1 st
Ave., Meridian, Idaho.
This permit is subject to the following terms and conditions:
1. That the property which is subject to the conditional use permit is described as
follows:
PARCEL I:
A parcel located in the Southeast quarter of the Northeast Quarter of Section
13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of
said Southeast quarter of the Northeast quarter (N 1/16 corner) from which a
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
JOHN BISS / GENERAL AUTO REPAIR AND SERVICE FACILITY - 1
1
brass cap marking the Southeasterly corner of said Southeast quarter of the
Northeastquarterbea~
South 0022'31" West, a distance of 1327.15 feet; thence
South 0022131" West, along the Easterly boundary of said Southeast quarter
of the Northeast quarter, a distance of 212.32 feet to a 5/8" diameter iron pin
and the POINT OF BEGINNING; thence continuing
South 0022'3111 West, a distance of 114.93 feet to a 5/8" diameter iron pin;
thence leaving said Easterly boundary
South 89052113" West, a distance of 533.53 feet to a 5/8" diameter iron pin;
thence
North 002311211 East, a distance of 116.74 feet to a 5/8" diameter iron pin;
thence
South 89056106" East, a distance of 533.49 feet to the POINT OF
BEGINNING.
EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND ANY PORTION OF
MERIDIAN ROAD.
PARCEL II
GRANTING AND RESERVE A PERMANENT ROAD EASEMENT, FOR
INGRESS AND EGRESS BEING 50.00 FEET IN WIDTH, OVER THE
FOllOWING DESCRIBED lAND:
A parcel located in the Southeast quarter of the Northeast quarter of Section
13, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho,
more particularly described as follows:
Commencing at the Northeasterly corner of said Southeast quarter of the
Northeast quarter; thence
South 002213111 West, along the Easterly boundary of said Southeast quarter
of the Northeast quarter a distance of 162.32 feet to the POINT OF
BEGINNING; thence continuing
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
JOHN BISS / GENERAL AUTO REPAIR AND SERVICE FACiliTY - 2
2
(
South 0022'31" West, a distance of 50.00 feet to a point; thence leaving said
Easterly boundary
North 89056'06" West, a distance of 533.49 feet to a point; thence
North 0023'12" East, a distance of 50.00 feet to a point; thence
South 89056'06" East, a distance of 533.48 feet to the POINT OF
BEGINNING.
2. The use of the subject property shall be developed in accordance with the site plan,
which is identified as "John's Alignment Brakes, & More - Dale Binning Architect dated July
20th, 1998 Sheets A-01 and A-2 and S-1" which depict the site development plan and
elevations of the improvements and signage.
3. The use of the subject property shall be as an automotive repair and service station.
4. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities
and services required by the proposed development will not impose expense upon the public
if the following conditions of development are imposed:
4.1 Stormwater will be re-treated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality. The
engineers and architects involved with the design of this project should obtain current
best management practices for stormwater disposal and design a stormwater
management system that is preventing groundwater and surface water degradation.
Manuals that could be used for guidance are:
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.
2) Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works department, January
1997.
4.2 All Uniform Fire Codes and Safety Codes enacted by the City of Meridian to
be complied with and in particular regarding water supply and hydrant
installation requirements for fire suppression.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
JOHN BISS / GENERAL AUTO REPAIR AND SERVICE FACILITY - 3
3
(
4.3 Sewer pretreatment requirements to be met if required as part of the building
permit application process.
4.4 Meet all requirements imposed by the Ada County Highway District as a
condition of the development and conditional use and that evidence of
compliance be furnished by the application as a condition of the issuance of
a certificate of occupancy.
4.5 In the event a street connecting Meridian Road to Pennwood Street which
would abut the subject real property to the north is constructed, and the access
to the subject property is changed, the subject property is to be developed with
a landscape treatment as is along Meridian Road.
4.6 To ensure that development is timely and that the conditions herein provided
which are current standards and based upon existing conditions which could
change in time, the conditional use shall be further conditioned that all
improvements and conditions be complied with within two years of the date of
this Decision and Order and the Order shall be recorded and shall run with the
land and be binding upon all property owners and possessors.
4.7 The applicant will construct and develop the property in accordance with the
conditions set forth in Finding of Fact No.14.
4.8 Applicant will construct and develop the property in accordance with the site
plans designated as part of the record in this matter as John's Alignment
Brakes, & More - Dale binning Architect dated July 20th, 1998, Sheets A-1 and
A-2 and S-1 which depict the site development plan and elevations of the
improvements and signage.
4.9 To provide access or future roadway improvements to the west from Meridian
Road to the Troutner Business Park.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
JOHN BISS / GENERAL AUTO REPAIR AND SERVICE FACILITY - 4
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 January 19, 1999.
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departme .
By:
Dated:
/-/1-1'1
SEAL _
-
-
ORDER OF CONDITIONAL APPROVAL 5
OF CONDITIONAL USE PERMIT
JOHN BISS / GENERAL AUTO REPAIR AND SERVICE FACILITY - 5
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF JOHN BISS FOR
CONDITIONAL USE PERMIT FOR
A GENERAL AUTO REPAIR AND
SERVICE FACILITY 1334 E. 1 Sf
A VB. MERIDIAN
)
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come on for
public hearing on January 5, 1999, at the hour of 7:30 o'clocl<. p.m., the Applicant,
John Biss, having appeared and a report was received from the Planning and Zoning
Administrator, and the City Council having duly considered the evidence and the
record in this matter therefore mal<.es the following Findings of Fact and Conclusions of
Law, and Order of Decision:
FINDINGS OF FACT
1.
The notice of public hearing on the application for conditional use permit
was published for two (2) consecutive weel<.s prior to said public hearing scheduled for
January 5, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within 300 feet
of the external boundaries of the property under consideration more than fifteen (15)
days prior to said hearings and with the notice of public hearing having been posted
upon the property under consideration more than one weel( before said hearing; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 1
that copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the January 5, 1999, public hearing; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6512(b) and 67-6511, and s~ 11-2-418E and 11-2-416E,F,
Municipal Code of the City of Meridian.
3.
The City Council tal(es judicial notice of its zoning, subdivision and
development ordinances codified at Title 11, Municipal Code of the City of Meridian,
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21, I 993, Ordinance No. 629 - January 4,1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to this application for conditional use
permit is described as follows:
PARCEL I:
A parcel located in the Southeast quarter of the Northeast
Quarter of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly
described as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 2
Commencing at a 5/8" diameter iron pin marldng the
Northeasterly comer of said Southeast quarter of the
Northeast quarter (NI/16 corner) from which a brass cap
marldng the Southeasterly comer of said Southeast quarter
of the Northeast quarter bears
~outh 0022'31" West, a distance of 1327.15 feet; thence
South 0022'31" West, along the Easterly boundary of said
Southeast quarter of the Northeast quarter, a distance of
212.32 feet to a 5/8" diameter iron pin and the POINT OF
BEGINNING; thence continuing
South 0022'31 II West, a distance of 114.93 feet to a 5/8"
diameter iron pin; thence leaving said Easterly boundary
South 89052'13" West, a distance of 533.53 feet to a 5/8"
diameter iron pin; thence
North 0023' 12" East, a distance of 116.74 feet to a 5/8"
diameter iron pin; thence
South 89056'06" East, a distance of 533.49 feet to the
POINT OF BEGINNING.
EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND
ANY PORTION OF MERIDIAN ROAD.
PARCEL II
GRANTING AND RESERVE A PERMANENT ROAD
EASEMENT, FOR INGRESS AND EGRESS BEING 50.00
FEET IN WIDTH, OVER THE FOLLOWING
DESCRIBED lAND:
A parcel located in the Southeast quarter of the Northeast
quarter of Section 13, Township 3 North, Range I West,
Boise Meridian, Ada County Idaho, more particularly
described as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 3
Commencing at the Northeasterly comer of said Southeast
quarter of the Northeast quarter; thence
South 0022'31" West, along the Easterly boundary of said
Southeast quarter of the Northeast quarter a distance of
162.32 feet to the POINT OF BEGINNING; thence
continuing
South 0022'31" West, a distance of 50.00 feet to a point;
thence leaving said Easterly boundary
North 89056106" West, a distance of 533.49 feet to a point; thence
North 0023'12" East, a distance of 50.00 feet to a point;
thence
South 89056'06" East, a distance of 533.48 feet to the
POINT OF BEGINNING.
5.
The subject real property is a narrow rectangular shaped Property
abutting Meridian Street (State Highway No. 69) on the east and the Troutner
Business Parl( Subdivision on the West.
6.
Troutner Business Parl( was granted an easement from the parcel just
north of the subject real property to construct a street connecting Meridian Road to
Pennwood Street, which would abut the subject real Property to the north.
7.
Subject real Property is in a C-G General Retail and Service Commercial
Zone and was annexed with the Troutner Business Parl( and is a vacant parcel of
ground and the real property is subject to a condition requiring a conditional use
permit for all developed uses of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 4
8.
The Applicant is the record ovvner of the property and has filed a vvritten
request for conditional use permit.
9.
The Applicant has requested the conditional use permit, and the
application was not initiated at the request of the City of Meridian.
10. The entire parcel of the property is included within the Meridian Urban
SeIVice Planning Area as the Urban SeIVice Planning Area is defined in the Meridian
Comprehensive Plan.
II. The Applicant submitted development plans for the subject real property
which are identified as "John's Alignment Bral<.es, & More - Dale Binning Architect
dated July 20th, 1998, Sheets A-I andA-2 and 5-1" which depict the site development
plan and elevations of the improvements and signage.
12. The applicant proposes to develop the subject 1.3 acre property by the
entrance of 30' in the middle of the property to Meridian Road followed by a 20' 6"
berm and the 63' in depth across the property of parldng a 64' x 80' (5,120 square
foot) building consisting of office and reception space and four bays then going further
west on the site a 52' 6" parldng area and landscaping, all as depicted on the site plan.
13. The applicant proposes to use the real Property for automotive repair and
seIVice station.
14. Giving due consideration to the comment received from the governmental
subdivisions providing seIVices in the City of Meridian planning jurisdiction public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 5
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services delivered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian:
14.1 Stormwater will be re-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and surface
water quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that is
preventing groundwater and surface water degradation. Manuals that
could be used for guidance are:
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.
2) Stormwater Best Management Practices
Guidebool,. Prepared by City of Boise Public
Worl<B department, January 1997.
14.2 All Uniform Fire Codes and Safety Codes enacted by the City of
Meridian to be complied with and in particular regarding water
supply and hydrant installation requirements for fire suppression.
14.3 Sewer pretreatment requirements to be met if required as part of
the building permit application process.
14.4 Meet all requirements imposed by the Ada County Highway
District as a condition of the development and conditional use and
that evidence of compliance be furnished by the application as a
condition of the issuance of a certificate of occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 6
14.5 In the event a street connecting Meridian Road to Pennwood
Street which would abut the subject real property to the north is
constructed, and the access to the subj ect property is changed, the
subject property is to be developed with a landscape treatment as is
along Meridian Road.
14.6 To ensure that development is timely and that the conditions
herein provided which are current standards and based upon
existing conditions which could change in time, the conditonal use
shall be further conditioned that all improvements and conditions
be complied with within two years of the date of this Decision and
Order and the Order shall be recorded and shall nm with the land
and be binding upon all property owners and possessors.
14.7 To provide access or future roadway improvements to the west
from Meridian Road to the Troutner Business Parl<.
15.
It is found that if the developer pays for the requested improvements and
the developer complies with the conditions set forth in these findings of fact no. 14
and all subparts, this will assure that the affected areas and the subject real property
will be served adequately by essential public facilities and services, such as highways,
streets, police and fire protection, drainage structures, refuse disposal, and water and
sewer.
16.
The following hereinafter listed conditions are found to be reasonably
required to minimize adverse impact of the proposed conditional use upon other
development in the vicinity and to assure that the development is maintained properly:
16.1 The applicant will construct and develop the property in
accordance with the conditions set forth in finding 14.
16.2 Applicant will construct and develop the property in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 7
with the site plans designated as part of the record in this matter as
John's Alignment Bral<.es, & More - Dale binning Architect dated
July 20th, 1998, Sheets A-I and A-2 and S-l which depict the site
development plan and elevations of the improvements and signage.
17. The proposed uses are designed and are to be constructed to be
harmonious in appearance with the character of the general vicinity; that if the
conditions set forth herein are complied with the use should be operated and
maintained to be harmonious with the intended character of the general vicinity and
should not change the essential character of the area;
18. The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses if the developer provides and maintains the required berming
that is adjacent to the residential neighborhood to the north. Further, the applicant
should be required to submit proposals for all lighting and also submit their plans for
all types of signage, regardless of type and variety. Further, these conditions should be
made requirements of the Development Agreement. The applicant shall be required to
enter into a Development Agreement before the annexation and zoning and the
conditional use permits are granted;
19.
Sewer and water service is available, but the applicant may have to pay
additional fees for the use; costs should not be excessive nor detrimental to the
economic welfare of the community;
20. The use will not involve activity, process, material, equipment or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 8
conditions of operation that would be detrimental to person, property or the general
welfare by reason of excessive production of traffic, noise, smol<:.e, fumes, glare or odors;
21. The use will have vehicular approaches to the property, which as designed
will not create an interference with traffic on surrounding public streets; only if the
Ada County Highway District Board approves the proposed roadway through this
development. This conditional use permit and the accompanying annexation and
zoning requests must be contingent upon Ada County approving the roadway through
the development;
This should also be a condition of the Development Agreement and
required to be entered into by the applicant before any approvals are required.
22. The development of the property will not result in the destruction, loss or
damage of a natural or scenic feature of major importance.
23. The requested conditional use is consistent with the requirements and
allowed uses in General Retail and Service Commercial (C-G) zoning district and it has
been found by this City Council at the time of annexation and zoning of the subject
property that the same was compatible with the Comprehensive Plan.
24. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
25. There are no major or scenic features of major importance that affect the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 9
consideration of this application.
26.
The City Council finds that the proposed conditional use permit subject
to the conditions herein imposed is also compatible with the Comprehensive Plan of
the City of Meridian because:
26.1 The consideration of the provisions of the Comprehensive plan and
the requirements of the Zoning ordinance assure that the
processing of such application is the management of growth 'With
the aim to achieve high-quality development. Enhancement of
Meridian's quality of life for all residents is achieved by applying
the criteria of the Comprehensive plan and the Zoning ordinances
of the City to all applications such as the subject application.
26.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply
with the requests submitted of the political subdivisions responses
within the Meridian Urban Service Planning Area submitted in the
record of this matter.
26.3 The expansion of commercial development is facilitated by the
proposed development plan of this application subject to the
conditions herein set forth.
26.4 The application is consistent with Meridian's self identity.
26.5 The subject application is relevant to the ((Goals of the
Comprehensive Plan" as set forth at page 5 there of as follows:
a. Meridian's environmental quality is provided for as set forth
in the plan by the provisions of the plan to improve the total
natural environment by the adoption by the City of a City-'Wide
and Urban Service Planning Area policies, which deal with area-
specific policies and programs.
b. The proposed development will be consistent with the goal
of supplying employment and economic self-sufficiency for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 10
/
existing and future residents, of the City and the reduction of the
reliance upon Boise and the strengthening of the City's ability to
finance and implement public improvements, services and its open
space character.
c. The preservation and improvement of the character and
quality of Meridian's man-made environment while maintaining its
identity as a self-sufficient community is achieved by applying the
criteria of the Comprehensive plan and the zoning ordinances of
the city all applications such as the subject property.
d. The Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ord. No. 629, dated January 4,1994 also
provides, and it is found by the city council, that this application is
consistent with the following provisions thereof on page 15 under
Economic Development that with the City's growing population
and job base comes the need for increased municipal services and
the necessity to improve existing selVice delivery systems. The cost
of providing these services presents a fiscal challenge to the City.
Meridian can meet this challenge in part by continuing to expand
its economic base and creating new job opportunities for citizens.
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
Various commercial activity centers are designated on the
generalized land use map. Planning policies pertaining to
commercial activity centers are presented in the land use chapter of
the plan.
Economic Development Goal Statement: Meridian seelcs to
stimulate, encourage and give preference to those types of
economic activities and developments which provided for the
employment of Meridian citizens and area residents, and reduce
the need for people to commute to neighboring cities for worl(..
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 11
Policies:
1. The City of Meridian shall mal<.e every effort to create a
positive atmosphere which encourages industrial and commercial
enterprises to locate to Meridian.
2. It is the policy of the City of Meridian to set aside areas
where commercial and industrial interest and activities are to
dominate.
3. Positive programs should be undertalcen to support existing
industrial and commercial areas to ensure their continued vitality,
such as: Zoning changes to assure desired economic development.
Land Use: Commercial and retail areas are established along major
arterials, (East First Street, Cheny Lane, Fairview Avenue, Franldin
and Meridian Roads) and include small commercial centers and
individual businesses. Uses include retail, wholesale, service, office,
and lin1ited manufacturing.
Commercial Policies:
Encourage new commercial development within under-utilized
existing commercial areas.
Encourage commercial uses, offices and medical-care uses to
located in the Old Town district, business parl<s, shopping centers
and near high-intensity activity areas, such as freeway interchanges.
Special Community Design Areas Goal Statement: Promote,
encourage, and enhance an aesthetically-pleasing community by
requiring good design and appearance in all special areas.
Policies:
1. Require businesses and government to install and maintain
landscaping.
2. Encourage area beautification through uniform sign design
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 12
that enhances the community.
3. Encourage the beautification of streets, parl<ing lots, public
lands, and state highways.
4. Encourage the use of attractive open space, landscaping,
lighting and street furniture for the benefit of the public.
26.5 The proposed development will be consistent with the goal of
supplying employment and economic self-sufficiency for the
existing and future residents of the City and the reduction of the
reliance upon Boise and the strengthening of the City's ability to
finance and implement public improvements, services and its open
space character.
26.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity
as a self-sufficient community is achieved by applying the criteria
of the Comprehensive plan and the Zoning ordinances of the City
to the subject application.
26.7 Compliance with the requests of the political subdivisions
providing services, assures that community services are being
provided for existing and projected needs and that the land use
patterns of the City are balanced to insure that revenues pay for
seIVices and that the Urban SeIVice Planning Area is visually
attractive, efficiently managed and clearly identifiable.
26.8 Compatible and efficient use of land through innovative and
functional site design is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
27. The proposed uses, subject to the conditions as found by the
Council, would be harmonious with and in accordance with the Comprehensive Plan
and this Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 13
28. The property can be physically serviced with City water and sewer,
if applicant extends the lines.
CONCLUSIONS OF IAW
1. All the procedural requirements of the Local Planning Act and of
the Ordinances of the City of Meridian have been met, including the mailing of notice
to owners of property within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses
pursuant to Idaho Code Section 65-6512 and pursuant to 11-2-418 of the Zoning and
Development Ordinance of the City of Meridian.
3. The City has the authority to tal,e judicial notice of its own
ordinances, other governmental statutes and ordinances, and of actual conditions
existing within the City and State.
4. The property is zoned (C-G) General Retail and Service
Commercial designation. The (C-G), General Retail and Service Commercial is
described in the Zoning Ordinance, 11-2-408 B II as follows:
"(C-G) General Retail and Selvice Commercial: The purpose
of the (C-G) District is to provide for commercial uses which
are customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 14
retail sales for the transient and permanent motoring public.
All such districts shall be connected to the Municipal Water
and Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development."
5. The Zoning Schedule of Use Control as contained in the Zoning
and Development Ordinance of the City of Meridian, Section 11-2-409, provides and
regulates the type of use allowed as either a pennitted use, a conditional use, or
permitted as an accessory use or not pennitted. In the (C-G) zone automobile repair
shops are required to have a conditional use pennit and automotive service stations are
a permitted use in said zone.
6. Conditional Use Permit is defined in the Zoning and Development
Ordinance, City of Meridian, Idaho as apermits allowing an exception to the uses
authorized by this Ordinance in a zoning district."
7 . The City of Meridian has authority to place conditions on a
conditional use permit and the use of the property pursuant to Section 11-2-418H
Municipal Code of the City of Meridian and Idaho Code Section 67 -6512 and
pursuant to that section conditions minimizing the adverse impact on other
development, controlling the duration of development, assuring the development is
maintained properly, and on-site or off-site facilities may be attached to the permit;
that 11-2-418(D) authorizes the City to prescribe a set time period for which is a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - IS
conditional use may be in existence.
8. Section 11-2-418D states as follows:
"In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations of
such conditions, bonds or safeguards, when made a part of
the terms under which the Conditional Use is granted, shall
be deemed a violation of the Ordinance and grounds to
revol<.e the Conditional Use. The Commission and Council
may prescribe a set time period for which a Conditional Use
may be in existence."
9. This application for a conditional use has been judged upon the
basis of guidelines contained in Section 11-2-418 of the Zoning and Development
Ordinance of the Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it may tal(e judicial notice.
10. Section 11-2-418 C of the Zoning and Development Ordinance of
the City of Meridian sets forth the standards under which the Planning and Zoning
Commission and the City Council shall review applications for Conditional Use
Permits.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH ARE HEREIN
ADOPTED, THE CITY COUNCIL DOES HEREBY ORDER AND THIS DOES
ORDER that the applicant, John Biss, is hereby granted a conditional use permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 16
"
subject to the following terms and conditions to-wit:
I. That the property which is subject to the conditional use permit is
described as follows:
PARCEL I:
A parcel located in the Southeast quarter of the Northeast
Quarter of Section 13, Tovvnship 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at a 5/8" diameter iron pin marldng the
Northeasterly comer of said Southeast quarter of the
Northeast quarter (NI/16 comer) from which a brass cap
marldng the Southeasterly comer of said Southeast quarter
of the Northeast quarter bears
South 0022'31" West, a distance of 1327.15 feet; thence
South 0022'31 " West, along the Easterly boundary of said
Southeast quarter of the Northeast quarter, a distance of
212.32 feet to a 5/8" diameter iron pin and the POINT OF
BEGINNING; thence continuing
South 0022'31 It West, a distance of 114.93 feet to a 5/8"
diameter iron pin; thence leaving said Easterly boundary
South 89052'13" West, a distance of 533.53 feet to a 5/8"
diameter iron pin; thence
North 0023'12" East, a distance of 116.74 feet to a 5/8"
diameter iron pin; thence
South 89056'06" East, a distance of 533.49 feet to the
POINT OF BEGINNING.
EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERtvlIT, JOHN BISS - 17
ANY PORTION OF MERIDIAN ROAD.
PARCEL II
GRANTING AND RESERVE A PERMANENT ROAD
EASEMENT, FOR INGRESS AND EGRESS BEING 50.00
FEET IN WIDTH, OVER THE FOLLOWING
DESCRIBED LAND:
A parcel located in the Southeast quarter of the Northeast
quarter of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County Idaho, more particularly
described as follows:
Commencing at the Northeasterly comer of said Southeast
quarter of the Northeast quarter; thence
South 0022'31" West, along the Easterly boundary of said
Southeast quarter of the Northeast quarter a distance of
162.32 feet to the POINT OF BEGINNING; thence
continuing
South 0022'31" West, a distance of 50.00 feet to a point;
thence leaving said Easterly boundary
North 89056'06" West, a distance of 533.49 feet to a point; thence
North 0023'12" East, a distance of 50.00 feet to a point;
thence
South 89056'06" East, a distance of 533.48 feet to the
POINT OF BEGINNING.
2. The use of the subject property shall be developed in accordance with the
site plan, which is identified as "John's Alignment Bral(.es, & More - Dale Binning
Architect dated July 20th, 1998 Sheets A-01 andA-2 and 5-1" which depict the site
development plan and elevations of the improvements and signage.
3.
The use of the subject property shall be as an automotive repair and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 18
(
seIVice station.
4. Giving due consideration to the comment received from the governmental
subdivisions providing seIVices in the City of Meridian planning jurisdiction, public
facilities and seIVices required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
4.1 Stormwater will be re-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and surface
water quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that is
preventing groundwater and surface water degradation. Manuals that
could be used for guidance are:
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.
2) Stormwater Best Management Practices
Guidebool(. Prepared by City of Boise Public
Worl(s department, January 1997.
4.2 All Uniform Fire Codes and Safety Codes enacted by the City of
Meridian to be complied with and in particular regarding water
supply and hydrant installation requirements for fire suppression.
4.3 Sewer pretreatment requirements to be met if required as part of
the building pennit application process.
4.4 Meet all requirements imposed by the Ada County Highway
District as a condition of the development and conditional use and
that evidence of compliance be furnished by the application as a
condition of the issuance of a certificate of occupancy.
4.5 In the event a street connecting Meridian Road to Pennwood
Street which would abut the subject real property to the north is
constructed, and the access to the subject property is changed, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PER1v1IT, JOHN BISS - 19
subject property is to be developed with a landscape treatment as is
along Meridian Road.
4.6 To ensure that development is timely and that the conditions
herein provided which are current standards and based upon
existing conditions which could change in time, the conditional use
shall be further conditioned that all improvements and conditions
be con1plied with within two years of the date of this Decision and
Order and the Order shall be recorded and shall run with the land
and be binding upon all property ovvners and possessors.
4. 7 The applicant will construct and develop the property in
accordance with the conditions set forth in Finding of Fact No.14.
4.8 Applicant will construct and develop the property in accordance
with the site plans designated as part of the record in this matter as
John's Alignment Bral(es, & More - Dale binning Architect dated
July 20th, 1998, Sheets A-I and A-2 and 5-1 which depict the site
development plan and elevations of the improvements and signage.
4.9 To provide access or future roadway improvements to the west
from Meridian Road to the Troutner Business ParI,.
It is therefore concluded that the conditional use permit for the subject
property is in the best interest of the City of Meridian, and it is ordered that the
conditional use permit shall be conditioned upon meeting the requirements of this
Decision and Order, and if the conditions hereinabove are not complied with by the
applicant, the applicant shall not be entitled to hool, up to water and sewer nor obtain
an occupancy permit or a temporary occupancy permit unless compliance with these
conditions would naturally require temporary hool, up and temporary occupancy
permit in order to complete the development as is required by this permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 20
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the
City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person 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.
APPROVAL OF FINDINGS OF FACT AND
CONCLUSIONS OF lAW AND DECISION AND ORDER
The City Council of the City of Meridian hereby adopts and
approves this FINDINGS OF FACT AND CONCLUSIONS OF lAW AND
DECISION AND ORDER.
ROLL CALL
COUNCILMAN I<EITH BIRD
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN GLENN BENTLEY
MAYOR ROBERT CORRIE (TIE BREAI<ER)
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VOTED
MOTION:
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APPROVEDi5:::K7-===--
DISAPPROVED:
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RECEIVED
JAN 1 9 1999
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF lAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 21
MERIDIAN CITY COUNCIL MEETING
JANUARY 19. 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
January 19, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Shari Stiles,
Malcolm MacCoy, Mayor Bob Corrie.
Corrie: Before we get into the consent agenda, I would like to welcome the Scouts from
Troop 164 here in Meridian, and also Troop 153 so thank you fellows for being here
tonight. Councilmen you have the consent agenda, items AJ B, C, and D. Is there
anybody who would like to have anyone of those taken off of the consent agenda?
Anderson: Mr. Mayor I request that we take item D, the request for reimbursement for
well development fees by David Leader for Dove Meadows 2 off the consent agenda.
Make that into the form of a motion.
Rountree: Second.
Corrie: Motion has been made and seconded that we take off item D from the consent
agenda and have it the first item on the agenda this evening. Any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: If there's no further items there, I'll entertain a motion for the consent agenda on
items AJ Band C.
Bentley: Mr. Mayor I move that we approve the consent agenda, items A, B, and C.
Bird: Second.
Corrie: Motion made and seconded that we approve the consent agenda items A, B,
and C. Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: The first item on the agenda will be item D. Mr. Anderson.
Anderson: I just had some questions on that and maybe Gary can clear those up for me
on the letter from Bruce concerning dual connections on some of those lots.
Smith: Thank you Mr. Mayor, Councilman Anderson, Council, we did a survey of the
existing homes that are connected to their irrigation system and also found that five of
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Meridian City Council
January 19, 1999
Page 2
those homes are presently connected to the City of Meridian's water system for their
sprinkler purposes. Since this irrigation sy&tem is provided with water at a single point
connection when ditch water is not available for the pressurized irrigation system, we
would request that if you approve of the reimbursement that these five homes be
required to physically disconnect from the city water system for their individual sprinkler
system. These five homes are all located on Apricot - excuse me two of them on
Apricot Court, 2580 and 2602. Three of them are on Apricot Drive 2332, 2350 and
2414. This is a similar procedure that we followed when money was refunded to the
developer of Crossroad Subdivision and we found that some of those homes were
utilizing city water for their irrigation systems.
Rountree: Gary that kind of sticks the city in a black hat where we're going to reimburse
the developer and then we're going to turn around and tell those folks that they aren't
going to be hooked up to city water.
Smith: Right.
Rountree: So we can have the privilege of reimbursing the developer. It seems to me
like we ought to get the developer involved in that somehow. Has that been done in the
past?
Smith: I don't recall - well I guess I can only answer this way Councilman Rountree.
Your staff recommended that any reimbursements along these lines be if the property
owners were involved be reimbursed to the property owner at this time rather than to
the developer. If the developer was implementing a new system, then the fee should be
reimbursed to the developer so that he could pay for that system. That's the reason for
the reimbursement request is to reimburse him for the installation of that system. In this
particular case the - I believe these homes were in the adjacent subdivision. And so
there were stubs stubbed into the lots from the system that was installed in the number
two project, second phase.
Rountree: So then is the reimbursement to those property owners because certainly
they paid for that. If they were there -
Smith: The developers paid for the installation of the system that is serving these
twelve lots. And 50 the reason for the reimbursement request is to reimburse him for
the expense that he has incurred in installing that sprinkler system. The reimbursement
request is for a certain number of dollars that he paid initially for the well development
fund. I can't tell you that that number is the same number as what his cost was to
provide irrigation water to these lots.
Gigray: Mr. Mayor and members of the Council just as a point of order and
consideration by the Council, one of the things you might do with this particular item is
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Meridian City Council
January 19, 1999
Page 3
you might table the item request that the City Attorney's office together with Public
Works and any other appropriate office review this and report back to the next Council
meeting as to recommended action. It appears that this particular application went
directly to the Council. I don't know whether or not the staff has had an adequate time
to thoroughly review this. We may want to even take a look at this from a standpoint of
establishing some kind of procedure. If we move this forward in the future as to how
these things could be handled to give you an opportunity to look at a recommendation
before making a final decision on this.
Anderson: Mr. Mayor I would make a motion that we table this item then and instruct
legal counsel to work with the city engineer and try to come up with a recommendation
for the Council at the next Council meeting on February 2nd.
Bird: Second.
Corrie: Motion made and seconded to table this until February 2nd meeting, 1999 and
instruct the city attorney and the staff to prepare the proper recommendations to the
Council. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2-
WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:
Corrie: At this time I will open the public hearing and make note to the public and to the
Council that we have received a letter from Amber Van Ocker of Leatham and Krohn
Architects request for the school district to continue this public hearing until February
2nd, I believe because they don't quite have all the information that they need to address
this program right now. Is there anyone here that wishes to enter testimony at this time
and we will continue the hearing until February the 2nd? Is there anyone here that would
want to testify at this point? Okay, I have received a letter from Greg Ruddell a resident
to be read into the record and with the Council's approval, I will enter in that into the
record and be part of the testimony in February the 2nd. Hearing there's nobody here
tonight on this testimony, then I will close the public hearing, but I will continue it-
(inaudible) .
Rountree: Mr. Mayor I move that we continue the hearing on agenda item number one,
Meridian Joint School No.2.
Bird: Second.
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Meridian City Council
January 19, 1999
Page 4
Rountree: Until our next regularly scheduled meeting February 2nd.
Corrie: Motion has been made and seconded that we continue the public hearing until
February the 2nd, 1999, and the letter from Mr. Ruddell will be entered into this
testimony. Any further comment? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
Corrie: Mr. Clerk do you have a copy of that letter? (Inaudible) Thank you.
2. DEVELOPMENT AGREEMENT - OLIASON PARK SUBDIVISION:
Corrie: If I'm not mistaken that one was taken out. Was it not, Mr. Gigray? We didn't
need that.
Rountree: That was my recollection.
Berg: Thank you Mr. Mayor, according to the recommendation from last city council
meeting, the approval for the development agreement as to the form and the draft that
was submitted by the applicant, I do have a signed copy of the applicant for this
meeting. I don't know if this was a development agreement subject to some other one
that we've kind of gotten mixed up with, but my understanding was this was one that I
needed to get signed.
Corrie: I believe it was taken off the agenda last week.
Bird: No, Mr. Mayor, if you'll read the deal it was - Mr. Rountree moved that we accept
the development for the Oliason Park Subdivision, Mr. Bentley seconded it and we
passed it then for the applicant's signature and request that a draft be submitted to the
applicant for signature and evidently that's what has been done.
Corrie: Okay what happened to item 1.8 whereas the findings recorded the
development agreement and the development agreement for the city and then I thought
we discussed that and said we didn't - any comments from staff? Maybe you can - Mr.
Gigray. I could be all wet, but I think there was a statement that we didn't need the
development agreement.
Gigray: Mr. Mayor and members of the Council, I believe the Findings of Fact and
Conclusions of Law and Decision and Order granting annexation and zoning subject to
conditions on this one included the developer enter into a development agreement and
then there were numerous conditions set forth in part three of your Decision and Order
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Meridian City Council
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Page 5
relative to the development agreement. There were others that were on the agenda last
time where you did not have a development agreement.
Rountree: Olson Bush I believe is the one.
Bird: Yeah.
Corrie: Staff comments? Do we have the development agreement Mr. Berg?
Berg: Yes, I have the development agreement which was presented at the last city
council meeting signed by the applicant.
Corrie: Staff comments?
Stiles: Mr. Mayor and Council, I don't have our comments readily available. I don't
know what my comments were in regard to the development agreement, but it is a fairly
straight forward project that staff has had no opposition to and they've signed the
agreement. It should be fine.
Corrie: Hearing that and no other comments, I'll entertain a motion on the development
agreement.
Anderson: Mr. Mayor, I make a motion we approve the development agreement for
Oliason Park Subdivision, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the development,
the Mayor to sign and the Clerk to attest. Any further comments, discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
3. ORDINANCE #809 - ANNEXATION AND ZONING OF OLIASON PARK
SUBDIVISION:
Corrie: I believe this one is for the second reading; is that correct Mr. Counselor? The
second reading is tonight?
Gigray: Mr. Mayor, members of the Council, I would just report that I believe the reason
this was held at the last meeting was because you were waiting for the development
agreement to be signed. You introduced the ordinance pending signature of the
development agreement. That has been signed, and I also advise that I wanted to
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Meridian City Council
January 19, 1999
Page 6
ensure that I had the approval of the Public Works Director for the draft of the
annexation ordinance because of the concern for legal description and I would report to
the Council that I have that approval.
Corrie: At that point we can approve the ordinance with suspension of rules if we so
desire. Otherwise it will be the second reading.
Gigray: That would be correct, Mr. Mayor.
Corrie: Council, your pleasure on this one?
Bentley: Mr. Mayor I move we approve ordinance #809 with suspension of rules.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve ordinance
#809 with suspension of rules. Any further comments? Hearing none roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: All ayes.
4. ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND
ROAD:
Corrie: Mr. Gigray any further comments on that one?
Gigray: Mr. Mayor and members of the Council according to our records this particular
matter would not for a development agreement and we had submitted this for approval
by the Public Works Director of the draft ordinance and I would report I've received that
approval.
Bentley: Mr. Mayor I move we approve Ordinance #811 with suspension of rules.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve Ordinance
#811 annexation and zoning of W. Overland Road. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
Meridian City Council
January 19, 1999
Page 7
MOTION CARRIED: All yeas.
5. ORDINANCE #812 - ANNEXATION AND ZONING OF OLSON BUSH
INDUSTRIAL PARK:
Corrie: Mr. Gigray.
Gigray: Mr. Mayor, members of the Council, this is another matter where there is no
development agreement. It was held for approval of the legal description and the draft
ordinance. I want to make sure and the Clerk can confirm this we received that
approval today. We revised the draft ordinance with the approval from the Public Works
Department and I believe that was hand delivered to the Clerk today, so that you have
that ordinance. You had an earlier one in your packet, but there was a change in the
legal description of the annexed property but that has been now corrected and
approved.
Berg: Yes, Mayor and Council members, I received the one dated for the 19th to take
the place of the one dated on the 15th.
Rountree: Mr. Mayor I move that the City Council approve Ordinance #812 version
1/19/99 with suspension of rules, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Ordinance
#812 dated 1/19/99 annexation and zoning of the Olson Bush Industrial Park. Any
further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: All yeas.
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR & SERVICE BY
JOHN BISS - WEST OF MERIDIAN ROAD:
Corrie: Council you have the Findings of Fact and Conclusions of Law and the Decision
and Order. Discussion?
Rountree: Shari, have you had an opportunity to review this and one of the conditions
of the motion for preparation was that your conditions and concerns be included in the
Findings. Have they been satisfactorily included?
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Meridian City Council
January 19, 1999
Page 8
Stiles: Mr. Mayor and Council, Councilman Rountree, if you may recall this project
required a second public hearing to be held before the City Council because some of
the issues related to future public road construction on Pennwood that would go into
Troutner Business Park and a lack of information in regard to what was proposed for the
entire site. Although we did have the second public hearing, I don't really feel any of
those issues were addressed. I don't see in part of the - I haven't had an opportunity to
read all of this. I'm just looking at the Decision and Order, and it doesn't seem to
include any of the comments that - at least I don't see where it includes the comments
from staff as being a requirement. If I'm missing it, let me know, but I don't know if you'll
recall that meeting, that second public hearing requirement and the adjacent property
owner, one of the people with interest in the Troutner Business Park was unable to
attend that meeting. I'm sorry to bring it up at this late date, but I still don't feel that the
issues that required the second public hearing before Council were really resolved as
far as requirements for closing of the temporary driveway allowed on Meridian Road
and any public improvements for Pennwood Street falling upon this applicant or the
remainder the remnant piece of the site that was never shown as part of the conditional
use permit. I know that doesn't help you much, but those are still concerns of mine.
Corrie: Would it help Shari if you had two weeks to go through this one to make sure
that some of these you needed to add or wanted to add could be brought back to the
Council. I think we need to have some way the Council get your input as well before
they approve or deny.
Stiles: Mr. Mayor and Council I do apologize for not being able to review this before
tonight and I would like to meet with legal counsel and see if we can resolve those by
the February 2nd meeting.
Bentley: If we go into adding comments, are we going to have to reopen the public
hearing?
Corrie: That's correct.
Bird: Mr. Mayor our motion from last meeting Charlie stated that we get the Findings of
Facts and the action of the City for conditional use permit and that permit be conditioned
with concerns addressed by the City Planning and Zoning Director Stiles as it relates to
landscape along Meridian Road and points of access as discussed by Councilman
Bentley. I think if you read through this, I think that very well covers it. They wrote up
the permit just as we had asked in our motion to do.
Rountree: Mr. Mayor I would refer Shari to page seven, paragraph 14.5 as it relates to
access and future landscape treatment depending on the conditions of access on
Pennwood and Meridian Road. I believe address part of the issues. I have not found
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Meridian City Council
January 19, 1999
Page 9
and maybe I would defer to Counselor Mr. Bird the paragraph on landscaping. Do you
have one? I don't find one.
Bird: 14.5 yeah and 14.4.
Rountree: 14.5
Bird: 14.5 it's exactly what you had in your motion.
Rountree: Does that make it clear? Does it help?
Bird: It's also in the conditions too Charlie.
Rountree: Yeah.
Stiles: Mr. Mayor and Council, I do again apologize. I just received this packet this
morning and have not had a chance to read it. The landscape treatment addresses one
issue, but as far as actual roadway construction curb, gutter, sidewalk, paving, utility
extension which would be in this proposed easement. I'm not sure has been entirely
addressed.
Rountree: As far as the characteristic of the roadway, wouldn't that be a condition that
would have to be met from ACHD? Not related to the utilities, but curb, gutter, sidewalk.
Stiles: But unless they ask for an additional building permit, if that roadway is required
which we don't know is for certain right now, I'm afraid that the progression is going to
be that the Troutner Business Park Development is going to be entirely responsible for
1 000/0 of those improvements.
Bird: 4.4 will cover that.
Corrie: Page 4 Shari, 4.4.
Stiles: In the Findings?
Corrie: In the Order of Approval of Conditional Use Permit, page 4, 4.4.
Bentley: It's also in the Findings.
Corrie: Yeah. Page 19 also in the Findings.
Stiles: So that statement would cover that - there would be no additional requirements
of this applicant probably as if the extension to Pennwood were required. Maybe I'm
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Meridian City Council
January 19, 1999
Page 10
stepping out of my bounds in worrying about that, but Ada County Highway District has
not made any requirements as far as that is concerned for bonding or any other
purpose. There's no plat involved. They're allowed a one time split.
Corrie: Councilmen, John is sitting out there. Can we ask a question (inaudible)
Gigray: Mr. Mayor and members of the Council, as to a point of order the problem you
have is that you closed the public hearing and in order for you to receive more
testimony in relationship to this particular matter, you have to reopen the public hearing.
Now you can exercise your discretion and do that, but if you do that you'll need to
postpone this for a period of greater than 15 days in order to meet the notice provisions
and then direct the Clerk to provide notice of continued public hearing, which means
you couldn't do it on the 2nd. You'd have to do it at the next council meeting. I prepared
these Findings of Fact and Conclusions of Law based on what I understood the decision
of the Council was at the last meeting, but you certainly have a right to receive more
information if you believe there are concerns and things that need to be covered. The
best way to do that would be to reopen the public hearing and direct the Clerk to
advertise that public hearing. Just for purposes of information you have before you
Findings Conclusions of Law. There are Findings of Fact and Conclusions of Law,
those findings reference specific points that go with regards to your ordinance and with
your camp plan and then the decision and order sets out the specific conditions of which
a special use permit would be granted, the type of permit, what allowed use is, what the
site plan is, and what the conditions of that use are and then the order what you're
looking at is simply you will be giving the Mayor the authority to sign the order. That's
just so we have an independent order on the conditional use permit, but they are
identical to your decision.
Rountree: Mr. Mayor given the contents of the motion, it seems to me that if in fact
Shari's concern as she just stated is written and was part of the record previously, then
an amendment to these Findings to include that comment would be in order and we
wouldn't have to get into some kind of procedural -
Gigray: You can amend these all day long, because you haven't adopted them yet.
Excuse me, Mayor, I'm sorry.
Rountree: So that would be a way to address that particular issue.
Corrie: Is that the way you want to go?
Rountree: Well - we've been at this long enough.
Corrie: 1'(( entertain a motion on the additions of the Findings of Fact and Conclusions
of Law and Decision and Order (inaudible).
Meridian City Council
January 19, 1999
Page 11
Rountree: I'll take a stab at this. Mr. Mayor I move that we approve the Findings of
Fact and Conclusions of Law and Decision and Order with the addition of the comment
as stated by Planning Administrator Stiles as it relates to the applicant's responsibility
for providing access or future roadway improvements to the west from Meridian Road to
the Troutner Business Park.
Anderson: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Anderson on the Findings of
Fact and Conclusions of Law with the conditions set forth in the statement request. Any
further discussion? Hearing none, all in favor of the motion as - roll call.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: All ayes.
Corrie: Mr. Counselor, would you be making those conditions then before I sign it then
back to me?
Gigray: Mr. Mayor and members of the Council, as I understood the motion which
passed we would substitute the appropriate page in the Decision and Order that would
include that as an additional condition. We would also conform the Order for the
Mayor's signature and make the appropriate reference in the Findings in accordance
with that. If that's agreeable with the Council.
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE
OF APPROXIMATELY 4.296 ACRES FOR PROPOSED SCOTTSDALE
SUBDIVISION BY WOLFE COMMERCIAL ENTERPRISES, LLC - SOUTH SIDE
OF W. FRANKLIN ROAD:
Corrie: Council, you have those Findings of Facts in front of you along with the
Decision and Order. Staff any comments?
Stiles: Mr. Mayor and Council, if you are aware this is the property that's located
adjacent to the Dreamland Education Center on Franklin Road. It's the remaining
property that is currently zoned R-15. I believe this application to be in compliance with
the Comprehensive Plan and should be a nice buffer adjacent to those properties.
Corrie: Thank you.
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Meridian City Council
January 19, 1999
Page 12
Anderson: Mr. Mayor I make a motion we approve the Order of Decision, the Findings
of Fact and Conclusions of Law and the Decision and Order.
Rountree: Second.
Corrie: Motion made and seconded that we approve the Findings of Fact and
Conclusions of Law and Decision and Order.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: All yeas.
8. ORDINANCE #813 - SCOTTSDALE SUBDIVISION REZONE:
Corrie: Council this one hasn't been read I believe at all so we will need to read the
ordinance and then decide how we want to do that; is that correct? (ORDINANCE #813
WAS READ TITLE ONLY)
Bentley: Mr. Mayor I move we adopt Ordinance #813 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to adopt Ordinance #813 with
suspension of rules.
Rountree: Mr. Mayor, do we have assurance that the legal description is correct?
Gigray: Mr. Mayor, Councilman Rountree, I have been advised by Mr. Freckleton of the
Public Works office of that -to my understanding the description legal description is
okay on this one and with regards to re-designation of zoning, the tie ins to the
government markings and whatever that we require with annexation isn't as strict
because all we are doing is re-identifying a map, and if Gary Smith disagrees with me
on that, I'd certainly would hope you would mention it, but that's my understanding is
that we're okay on this one.
Corrie: Thank you. Mr. Rountree, answer your question?
Rountree: Yes.
Corrie: Any further discussion? Hearing none, roll call vote.
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Meridian City Council
January 19, 1999
Page 13
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY TODD MASON
D/B/A MOXIE JAVA - 106 E. WILLIAMS:
Corrie: Council you have I believe the conditional use permit in front of you on the final
action. I'll entertain a motion on the Findings of Fact and Conclusions of Law.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law for this requested conditional use permit and that we approve the Decision and
Order granting the conditional use permit.
Bentley: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to approve the Findings
of Fact and Conclusions of Law. Any further discussion? Hearing none, roll call vote.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: ALL YEAS.
Stiles: Mr. Mayor, I'm sorry to interrupt. You didn't look over here.
Corrie: I'm sorry. I should do that. I apologize.
Stiles: I would just like to ask that 1.1 of the Decision and Order on page 6 of the
Findings of Fact and Conclusions of Law and also as condition 1 on page 1 of the Order
of Conditional Approval be deleted. If you will recall the original proposal was to place
these tables and chairs directly on E. 15t Street adjacent to the sidewalk and when the
applicant made the presentation they confirmed that that was not their desire that they
would do it directly in front of the doorway on the north side of the building, so it's a little
in conflict with the rest of the Order. They did change the location of those and I think it
would be appropriate if you could delete that item.
Anderson: What number did you ask for?
Stiles: On the Findings, it would be 1.1 on page 6.
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Meridian City Council
January 19, 1999
Page 14
Corrie: And the Order of Conditional Approval as submitted number one?
Stiles: Yes.
Bentley: Mr. Mayor in light of the new discussion on this, I would move that we
reconsider the Findings of Fact and Conclusions of Law on the CUP for Moxie Java.
Rountree: Well we could either do that or I could move that we strike that -
Bentley: Well we already voted.
Bird: We already passed on that, so we got to reconsider it.
Rountree: Yeah, but I think I can do that since I made the motion.
Bentley: Well we had the vote though.
Corrie: Had the vote.
Gigray: You can reconsider the -
Corrie: We can reconsider it at this point? Okay.
Bird: I'll second that.
Corrie: Mr. Bentley would you repeat that one more time?
Bentley: Mr. Mayor I would move we reconsider the Findings of Fact and Conclusions
of Law for a CUP for Moxie Java.
Bird: I'll second that.
Corrie: Motion made and second to reconsider the motion. Any further discussion?
Hearing none, I guess we better stick with the roll call vote.
ROLL CALL VOTE: BIRD, YEA. ANDERSON, YEA. ROUNTREE, YEA. BENTLEY,
YEA.
MOTION CARRIED: ALL YEAS.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Decision and Order granting the conditional use with the modification of
Meridian City Council
January 19, 1999
Page 15
eliminating reference to the location of the tables as stated on page six, paragraph one
of the Decision and Order.
Bentley: Second.
Corrie: Motion been made by Mr. Rountree second by Mr. Bentley to approve the
Findings of Fact and Conclusions of Law and rescind the item one and I believe there
was 1.1. Any further discussion? Hearing none, all those - (End of Tape)
ROLL CALL VOTE: BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
10. FINAL PLAT FOR TURNBERRY NO.2 SUBDIVISION BY BENCHMARK LAND
COMPANY - WEST OF BLACK CAT, SOUTH OF USTICKAND EAST OF
MCDERMOTT:
Corrie: Staff, comments?
Stiles: Mr.. Mayor and Council, you have our comments on this plat dated January 14th,
1999. The applicant's representative has responded agreeing to everything as always,
and we like to see that. We have no comment on this plat.
Corrie: Any other comments on this final plat? Council? Okay, I'll entertain a motion.
Anderson: Mr. Mayor I make a motion we approve the final plat for Turnberry
Subdivision No.2 from Benchmark Land Company.
Bird: Second.
Corrie: Motion is made by Mr. Anderson second by Mr. Bird to approve the final plat for
Turnberry No.2 Subdivision by Benchmark Land Company. Any further discussion?
Bird: I think we better put subject to conditions on that motion. I withdraw if you want to
restate it.
Corrie: Okay I'll withdraw the second.
Anderson: I'll amend my motion to include the comments subject to staff.
Bird: Second.
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Meridian City Council
January 19, 1999
Page 16
Corrie: Motion made and second that the approval of the final plat subject to staff
comments. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
11. DEPARTMENT REPORTS:
A. TOM KUNTZ:
1. AUTHORIZATION TO ACCEPT VISA & MASTER CARD FOR
PARK AND RECREATION FEES.
Kuntz: Mayor and Council, two of the three items I've handed you are informational
only and will be brought back to you at a later date after the Parks and Recreation
Commission has given final approval. The first item which is on the agenda tonight is a
memo from me requesting authorization to accept Visa or Master Card for payment of
Parks and Recreation services. That wquld be including program fees, park facility
reservations, and I'm happy to answer any questions.
Bentley: Mr. Mayor, Tom, do you have a shredder in your office?
Kuntz: No.
Bentley: You have some way of taking care of your carbons off of these?
Kuntz: I guess I hadn't considered that.
Bentley: I think it's really important that we do that especially if we take any of these
over the phone. We'd be able to assure people that we're taking care of the carbons.
Rountree: Heat the building with them, huh?
Kuntz: Yes, sir. We're putting in a new carbon copy heating stove.
Bentley: That's the only question I have.
Corrie: Any other questions?
Rountree: I have none.
2. ROUND UP UTILITY BILLS FOR PARKS.
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Meridian City Council
January 19, 1999
Page 17
Kuntz: The second item I would like to delay because I want to gather some more
information. But just to give you a real brief overview what I would like to do and I'm
working with Leslie, who is in charge of our utility billing department, and I would like to
develop a program similar to what Boise has in place now that would allow people to
check a box on their utility bill that would allow them to round up the nearest dollar.
That money would go into a fund designated for either trail construction or playground
equipment, but something specific that it would be designated for. But at this point
there's a few questions unanswered and I'd like to bring this back to you when I have
more information, but I guess what I would like to know tonight is if there's any problems
with the concept.
Rountree: I think it's a worthwhile concept. It certainly allows the public to contribute to
a cause that they're interested in at a minimal cost on a monthly basis if they so choose.
If they don't want to, then that's fine too. But you indicated to me that Boise might
generate something in the order of $30,000 to $50,000. That way Meridian could be
looking at three to six or seven thousand dollars a year which is a nice sum to
accomplish some activities either in the rec. program or some improvements at some of
our facilities so I would encourage Tom to move forward with that and see what the real
costs to us in terms of administrative cost. If we would gain enough to cover that.
Beyond that I don't have any particular issue with it.
Kuntz: I think part of the reason I'm considering it now is because we're purchasing
new software and changing over to new software hoping that the administrative part of it
will be minimized by the new software so that's why I'm choosing this time to research
this idea.
Anderson: Mr. Mayor, just one comment just on the surface. It sounds like a good idea
and I don't have any opposition to that. I would just request that if something like that is
developed that it be very clearly marked and understood. I've seen forms where it kind
of indicates that you should check the box and people may not know what they are
checking especially with elderly or senior citizen people. I think it needs to be clearly
marked that that is what it's for and in no way give the impression to people that we're
trying to trick them into paying that and I want it clearly marked on the form that that's
what it's for.
Kuntz: Okay. What I would suggest that we would do if this program is instituted is that
in one of the first bills that there be a small card in there kind of explaining the program
and maybe even doing that for the first couple of months so that it's more than just the
box but there's an explanation included with the bill if possible.
Rountree: Mr. Mayor not to change the subject, but going back to Tom's first item in his
letter, he actually requested authorization to move forward with the Visa and I guess it's
my opinion that we approved the budget understanding that that item was in the budget,
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Meridian City Council
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50 I don't know other than to recognize that he's moving forward with that that we
actually need to make a motion.
(Inaudible)
Rountree: Appreciate you bringing that to us to let us know that you're moving forward
with it.
Kuntz: Okay, that's alii have. Thank you.
B. MAYOR CORRIE:
Corrie: I have three items here. I have two printed and I got the third one - house
cleaning.
1. AMENDED RESOLUTION #172 - PERSONNEL POLICY.
Corrie: One is amendment to Resolution #172 Personnel Policy. Last time I think we
tabled this until this meeting is that there was a change in the date, August 26th, 1998
rather than September. I needed to bring that to the Council's attention. Is there any
other questions you had on that?
Rountree: I think the only question I had was why. Not to be nosy, but it seems to me
like a month doesn't make a whole lot of difference one way or the other. But if it's
something we should know about (inaudible), it would be nice to know.
Gigray: Mr. Mayor and members of the Council I was instructed to do this amendment
for your consideration. I don't know whether or not the City Clerk, Mr. Berg, may have
more comment. I think it may have to do with going from one fiscal year into the next
and that the start up date on this as it was previously drafted put us in this fiscal year
rather than the pay period in the last fiscal year. That's the only rationale I'm aware of.
Rountree: Shari seems to have an answer.
Stiles: Mr. Mayor and Council, as I recall the policy was enacted before the staff was
informed and it had to have an effective date of a month later, and I believe that was the
reason.
Corrie: That's correct. Just need a motion to accept Resolution 172.
Bentley: Mr. Mayor I move we adopt Resolution #172.
Rountree: Second.
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Meridian City Council
January 19, 1999
Page 19
Corrie: Motion is made by Mr. Bentley second by Mr. Rountree to accept Resolution
#172. Any further discussions?
ROLL CALL VOTE: ROUNTREE, AYE. BIRD, YEA. BENTLEY, YEA. ANDERSON,
YEA.
MOTION CARRIED: All ayes.
2. MILEAGE REIMBURSEMENT UPDATE.
Corrie: The second one is mileage reimbursement update. The federal law has gone up
to I believe .31 cents a mile. We're at .25 cents a mile for personal use of cars that is
necessary. I just want to know if you approve of the up to .30 cents and to starting date
of the first of this year or what you would like to see it.
Bentley: Mr. Mayor, why are we not going .31?
Corrie: I don't know. I was just rounding it off. You can go to .31 if you want to. I just
put the .30 cents out there. You want to go .31, just put it in a motion.
Rountree: Again my comments on this is that I think we need to have some control in
terms of policy as it relates to reimbursement as done on the basis of mileage that's
been approved by a supervisor number one. Number two that it's an automobile
mileage as ACHD found out they could get in trouble with, and that there be some
oversights that we don't get into an abusive situation, but actually paying staff mileage is
probably much cheaper than the city trying to maintain a pool of automobiles for
particularly around town use. So I would be in favor of increasing it to the maximum
allowable by the IRS, which I believe is .31 cents. Any further discussion?
Bentley: Mr. Mayor do we have a form that they -
Corrie: Yes, and it's signed by the supervisor.
Bentley: Okay.
Corrie: So I'll entertain a motion with those conditions that Charlie stated or Charlie you
can -
Rountree: I'll just make that what I stated as a motion.
Bird: Second.
Meridian City Council
January 19, 1999
Page 20
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the .31 cents per
mile with the supervision and does that begin January 1st?
Rountree: Mr. Mayor I did not state that in my motion but I would for Council's approval
and consideration I would say that would be effective as of today. I don't believe the
bookkeeping and the consternation of trying to make that retroactive would be beneficial
for our accounting staff.
Bentley: Agreed.
Corrie: How about we just make it effective February the 1st? Do I hear a second?
Motion to start February the 15\ 1999. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: All ayes.
Corrie: I have one other thing. It's not on the agenda, and I apologize to the public, but
technically - can I do this Counselor? It's a housekeeping thing. I need to appoint a
traffic committee member. Can I do this without notification or should I do it at the next
meeting?
Gigray: Mr. Mayor and members of the Council, it's my position that as long as a good
faith effort has been made on the part of the clerk's office and the Mayor to include all
items on the agenda, you have a license under the open meeting law to include extra
ones as long as the Council consents to it as an addition to the agenda.
Corrie: I just talked to this man today, so we got the information and he said it's okay.
He would serve on it so I have to bring it to Council.
Rountree: I have another duty for you too along those lines.
Corrie: For me?
Rountree: Yes.
Corrie: I would like James L. Martin from Moffett, Thomas (inaudible) is just too busy to
continue with the safety traffic commission. Mr. Tony Mariani has stated that he would
work with the traffic committee so I will present that name to the Council for
consideration to be placed on the Traffic Safety Commission in place of James L.
Martin.
Bentley: Mr. Mayor I move to confirm the appointment of Mr. Mariani to the Traffic
Safety Committee.
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Meridian City Council
January 19, 1999
Page 21
Bird: Second.
Corrie: Motion made (Inaudible) place of James L. Martin on the Traffic Safety
Commission. Any further discussion?
Rountree: Mr. Mayor I guess I just have a question for the Chief. Does he know the
individual and will he work well on the Traffic Safety Commission?
Gordon: Yes, sir I do and I talked to him in length about this before I even mentioned
(inaudible). Committee discussed it today and we don't have any problems.
Rountree: Thank you. Thank you Mr. Mayor.
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Rountree: Three members of the Parks and Recreation Commission are past due for
reappointment. We could not find a record that they had been re-appointed. Tammy
De Weerd, Jim Keller and Keith Borup, I believe.
Corrie: You're right, and we had one resignation I understand.
Rountree: Max has resigned, yes.
Corrie: Do you want me to bring that to you the next meeting?
Bird: We need these three appointed. The other one Bob - the other one is (inaudible)
Rountree: Without the three we don't really have a quorum.
Bird: We don't have a quorum. But they were up for re-appointment. Their terms come
up in January.
Corrie: All of them re-appointed except Tammy De Weerd. She has eight years in that.
That's the only one that can't be -
Rountree: Well there's no provision in the -
Bird: When we originally set that up Bob, we had three of us took a one year term,
three of us took a two year, and three of us took a three year. This is the two year term
that is up. Tammy, Jim Keller and Keith Borup.
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Meridian City Council
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Rountree: We've only been in existence for three years. Now she's been president for
two consecutive terms, so she can no longer be president, and for your information they
met last evening and had an election and David Mae was elected president and Jim
Keller vice president.
Corrie: So what you're telling me is that you want Mr. Keller, Tammy De Weerd and
Keith Borup re-appointed?
Rountree: They've all indicated an interest in remaining on the committee.
Corrie: I have no objection to that if the Council so wishes. I'll entertain a motion to that
effect.
Rountree: Mr. Mayor you give us the nomination.
Corrie: I would put Tammy De Weerd, Keith Borup and Jim Keller to the Council for
approval on the Parks and Recreation Committee.
Rountree: Mr. Mayor I move that we accept the re-appointment of Tammy De Weerd,
Jim Keller and Keith Borup to the Meridian Parks and Recreation Commission.
Bird: I'll second it.
Corrie: Motion's been made and seconded. Is there any further discussion? Hearing
none, all those in favor of the motion say aye?
MOTION CARRIED: All ayes.
Corrie: Okay, I'll get the letters out to those people, and I believe we have some
changes that we're going to see about maybe (inaudible)
Bird: In a month or two.
Rountree: Yeah, they're working on redrafting the ordinance for consideration.
Corrie: Am I correct that you'll have the representative or you are -
Bird: I'll do it for a month or so until we can find somebody. I'll let you know when I find
(inaudible). We get this other thing done, then I won't have to worry about it.
Corrie: Okay, thank you. Anything else Charlie?
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Meridian City Council
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Rountree: That's alii have on that item, but I do have something I want to add to the
agenda for me.
Corrie: Okay we'll add item E Mr. Rountree on the agenda.
C. KENNY BOWERS:
1. ZGA CONTRACT FOR FIRE STATION.
Bowers: Thank you Mayor and Council. A couple of weeks ago you said that you
would like to look at a concept of our drawing that we've been working on. This is the
one that Nick Corral has drawn up. This is just basically our concept that has come
about on a three bay station with one side of it being office and the other side being
living quarters. Of course it could be completely changed as soon as an architect looks
at it and changes it around, but this is the drawings that we've been working on. It looks
pretty nice. It kind of fits in I think with it out there. The second thing was Shari just
informed me that we're going to have to rezone the area, the property out there. I don't
know. I'm not sure if Ron knew about that yet.
Anderson: No, I hadn't been told formerly, but I've been under the impression that we
probably would.
Bowers: Okay, I wasn't under the impression at all. The second thing or third thing is
the contract with ZGA. I don't see Paul here tonight.
Bird: He sent (inaudible) that's got the contract. They've signed it. I think every
Councilman has got it.
Anderson: You don't have a copy?
Bird: You don't have a copy? It's just a standard AlE contract that's used all over for
small, big jobs.
Anderson: Mr. Mayor after the last Council meeting we had discussed having a smaller
subcommittee of the building committee meet with ZGA Architect to negotiate on price
for their services. Last week Councilman Bird, Rural Fire Commissioner, Mike Ingram
and myself met with Paul from ZGA and did negotiate on a price and it was the
consensus of the group there that we would use a set fee on the architectural fees for
this building and those are included in this contract. Page 111 I think that dollar amount
was $65,000. In addition Councilman Bird and myself and Commissioner Ingram and
Paul discussed the possibility of hiring a project manager and possibly I could get
Councilman Bird to expound on what that concept is and how that would facilitate this
project.
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Meridian City Council
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Bi~d: Construction Management we would go about the process of getting the hiree,
(inaudible) School districts do it, public entities do it. You put out a proposal request.
This is a very tight time frame project which we want to get up and running by
November at the latest and to do this with a construction manager, he comes in, he
takes care of getting all the bids for you and all that kind of stuff, lines up your subs and
he takes a little fee off it, but a general contractor is going to take the same fee when he
bids the job and you can do it in phases with a construction manager. I have discussed
with three different firms. They were very interested in giving us a proposal. We have
to put out for public, but it's something we could probably have on line in a month, and
be bidding. If we don't if we go for a general contractor bid style, we will be lucky if we
ever bid out by April I would figure. Don't you Ron?
Anderson: Yeah, that's the way it sounds.
Bird: So my recommendation would be for the Council to give the committee that has
been working on this go back and if you want to go the construction manager way, put
out some hard FB's and have them interview and bring ones back to you.
Corrie: Has this compensation been approve by Council of $65,000 yet?
Anderson: That's what we got to do tonight.
Bird: We got to approve that contract tonight.
Stiles: Mayor and Council, Shari just brought up a situation on page four 1126 it talks
about the bid documents are to be completed no later than 30 April of '99 and she might
be able to explain that a little farther. She don't believe we're going to meet that
deadline.
Corrie: Shari comments?
Stiles: Mr. Mayor and Council since this project does require a rezone, we initially
thought maybe we could do it through a conditional use permit, but legal counsel has
counseled us that a rezone would be more appropriate in this case because it is a
specifically prohibited use by definition in this existing zone of light industrial, so the
rezone would be necessary. I guess it would be up to Council to say whether they think
it would be appropriate to go out for bid before it was a legally permitted use in the
zone.
Bird: How long is it going to take to rezone it?
Meridian City Council
January 19, 1999
Page 25
Stiles: Weill noticed that on the - in the contract I believe the city with the help of the
Public Works Department and the Planning and Zoning Department we could prepare
the application for the rezone. We would need the legal description prepared for the
survey and maybe that's something that they're providing.
Bird: We've got the deed to the land.
Stiles: Yes.
Bird: I'm sure there's not a Councilman or the Mayor is asking for any favors in this, but
how long will it take to basically if we start the process tomorrow on the rezoning, how
long is it going to take to get it through the channels?
Stiles: It maybe May be the time we can get that. The February meeting we've already
had to notice, so it would be March before we could get it to Planning and Zoning
Commission. Of course Council and P & Z could have special meetings if they deemed
that appropriate.
Bird: So we're looking at coming back to us in April.
Stiles: It should come before City Council in April.
Bird: Okay.
Stiles: Then an ordinance -
Bird: Then in March we should have a pretty good idea how it's going to go by the
Planning and Zoning Commission. We would know what their recommendation was
and very rarely have we not went with their recommendation so if we had brought on a
construction manager or whatever we are going to do we could at least get the
foundation to get started in the bidding process at that point.
Stiles: Yes. I just wanted to make sure you knew that time frame and we'll start that
immediately if you would like the staff because it doesn't appear to be a requirement of
this contract to apply for a rezone. It says something about plan approvals, but I'm not
sure the way that's worded would cover it. But I believe -
Bird: This is just a contract for architectural services with ZGA who was selected as the
architect. Ron twisted the (inaudible) pretty hard to get him off the percent, and if you
look at the figures quite a bit cheaper than the going percent. They wanted to help us
out a little that way because they know we are on a tight budget and a tight time frame.
So now we need to have the committee I feel determine if they want the construction
management way of going or the general contractor way.
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Meridian City Council
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Corrie: We need the documents changed though the date if this is the contract,
probably until May 1 st or at least until after the rezone is done.
Bird: Yeah, but the bid documents can be ready anytime. That's what he's stating.
Ron and I did not want the bid documents completed any later than that. We were
pushing for it sooner. It don't mean we have to go out for bid at that time. If we're not
rezoned. So we've got the documents ready to go. Am I not right Gary? I mean we
can have bid documents. We don't have to go out for bid. We can have the bid
documents ready at any time.
Corrie: Yeah, the worst scenario is we don't get the rezone.
Anderson: Than we'll be visiting Malcolm and strong arming him.
Corrie: Okay. How does the Council feel as far as the construction manager? Do we
want to have bids from them RFP's we'll take charges?
Bird: Excuse me Mr. Mayor I believe we need to send it back that committee between
Ron and them guys we need the rural people involved in it too and have them go back
and ask for some RFP's from construction managers. If that's the route they believe we
should go and I think that's the route we're going to have to go to get within our time
frame and within our budget. I would prefer to go with construction manager.
Corrie: Who is on the committee Ron?
Anderson: The committee consists of Nick Corral, Brian Zimmerman, Ed Pierce,
Malcolm MacCoy, Keith Bird, Mike Ingram, Steve Bravo, myself, John (inaudible)
Corrie: The Council has no objections to that?
Bird: I have none (inaudible)
Corrie: (inaudible) Charlie can remember it, but any committee has to be approved by
Council. I don't think you have a problem with that.
Rountree: I think we authorized that.
Corrie: I just want to make sure (inaudible). Council how do you feel about having the
construction manager concept? Comments?
Rountree: Mr. Mayor that's an area that I have no experience. It sounds rather
interesting and might very well be a way to expedite the project, but it also might a way
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Meridian City Council
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Page 27
to get the cost down somewhat from what I've understood in talking to individuals who
have experience in this area. I would probably defer to Gary somewhat in his opinion
because he's probably still going to get involved in it from the building department
aspect, but the only question I have do you just go out as you would any other
professional service agreement, get an RFP, they establish a fee or do they establish -
Bird: Percentage of the total bid.
Rountree: Of the total bid, and I guess that being the case why is it advantageous to
them to get a low bid?
Bird: That's part of the construction management. You're (inaudible). Meridian schools
are using it, the state of Idaho is using it.
Corrie: So we could have three different bids.
Bird: You will probably have at least five or six bids come in and they'd all be qualified
people.
Rountree: That's for the management. After that the city is not involved with the
selection of subcontractors.
Bird: They go get that for you. They usually come in with their own.
Rountree: Mr. Gigray has some advice I think.
Gigray: Mr. Mayor and members of the Council, I'd be more than happy if the
committee wishes to work with the committee to make sure that we are in accordance
with any bid statutes as we proceed in this area. My familiarity with this type of
management project is that in the building of schools, we've had project managers, but
we've always bid through a general contractor and still gone through that general route
anyway because the project manager's responsibilities were a lot of'coordination and
also to ensure the time tables were met, that the architects were moving forward and
that the engineers and so on were doing what they needed to do in the best interests of
the school district, but there may be other forms by which it's done and I think it might
me helpful if we can work with a committee so that what comes back here doesn't get
sidetracked by legal advice later on and we can just move forward with this because
you do want to get moving with it.
Bird: The main thing this is not a project manager. This is a construction manager. He
manages the whole construction and the deal. He works with the architects, but he is
hired by the owner, which would be the City of Meridian and he takes care of the
schedule and all that stuff. He is not a project manager. He is a construction manager,
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Page 28
and there's a difference between the project and construction and everyone I've ever
known has been very successful with the construction management.
Corrie: (I naud ible)
Bentley: I'm like Charlie. I don't know much about it. But if it's going to expedite the
procedure, I'd be in favor of it.
Rountree: Well you know our track record with general contractors the past couple of
years at least.
(I naudible)
Corrie: What about the subcontractors? What if they do something or they -
Bird: He takes care of them.
Corrie: He takes care of them. We don't have anything to do with if they don't do
something we don't -
Bird: You actually in the schools, the subcontractor's contract will be direct with the City
which he will draw up and have for you. But he controls them.
Bentley: When we get the RFP's doesn't that state exactly what they're going to do in
it? So that should answer all our questions at that time.
Rountree: We should specify in our RFP what we want them to respond to.
Bird: I think what we need to do tonight is either pass this contract with ZGA so they
can get started on the plans or deny it.
Anderson: This contract needs to get going so we can get drawings started.
Bird: Make the motion.
Anderson: Just waiting for you guys to get done discussing construction. Mr. Mayor I
would make a motion that we approve the contract with ZGA for architectural services in
the amount of $65,000 for services for drawing our new fire station.
Bentley: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bentley to approve the
compensation of $65,000 to ZGA contract. Any further discussion?
Meridian City Council
January 19, 1999
Page 29
Bentley: Mr. Mayor is that a not to exceed amount?
Anderson: Yes, it is.
Bird: It's a flat contract.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Anderson: Mr. Mayor I would like to further instruct staff Ms. Stiles to start the process
for getting this proper zoning for the fire station and I put that in the form of a motion.
Rountree: Second.
Corrie: Motion made and second that Ms. Stiles start the rezoning process
immediately. Any further discussion? All those in favor of the motion say aye.
MOTION CARRI ED: ALL AYES.
Bird: Will's got the deed don't he?
Corrie: I hope so.
Bird: I do too.
Bentley: Mr. Mayor if I could I would like to personally thank Nick on behalf of the City
for his work and time spent on these drawings. I know he's been working on drawings
for a couple of years for us and I really appreciate it.
Corrie: Yes, thank you Nick. I think we'll probably use your services in a couple of
three other areas there too. So thank you.
Anderson: Mr. Mayor one more motion to make. I would like to make a motion that we
instruct the fire station building committee to put out request for proposals for a
construction manager and to move forward on that project.
Bentley: Second.
Corrie: Okay are you going to have all these (Inaudible). Motion made and seconded.
Is there any discussion on the motion? Hearing none, all those in favor of the motion
say aye.
Meridian City Council
January 19, 1999
Page 30
MOTION CARRIED: ALL AYES.
D. GARY SMITH:
1. LATE COMERS AGREEMENT FOR HOLIDAY INN EXPRESS.
Smith: Mr. Mayor, Council members, we've received a request from the developer of
the Holiday Inn Express Motel out at Eagle Road and 1-84 for the city to approve
entering into a contract with them for reimbursement fees to oversize a water line that
will need to be extended by them to serve their project. There are two different
alternatives that the Public Works Department has been discussing as to how this water
line is going to be extended and the size of the water line and that has not been finally
determined yet. So at this point what we're asking for what the letter is asking for is
approval for the city to enter into negotiations for a late comers agreement between the
developers of the Holiday Inn Express Motel and the City of Meridian.
Bird: For sewer and water?
Smith: Just water. Yes, I believe that is what the letter says. Is that sewer and water?
Bird: Yeah, it is sewer and water, Gary.
Smith: I'm sorry I apologize. It would be for sewer and water.
Gigray: Mr. Mayor point of information. Mr. Mayor and members of the Council, we
would be more than happy to work with Gary on this. I think working c,n an agreement
now for the extension of water lines outside of the city that has late comer provisions in
it. I would hope that what we can try to do is standardize our forms as it relates to how
this is done because we'll have to prepare an agreement which would be entered into
by the applicant here which you will have to approve anyway. I think this is just
requesting permission to move forward with that type of agreement.
Bird: Mr. Mayor do we need a motion on that?
Corrie: It can yes. (Inaudible)
Bird: Mr. Mayor I move that we allow the Public Works Department to negotiate
agreement for late comers fee on water and sewer for the Holiday Inn Express on Magic
View.
Bentley: Second.
(
(
Meridian City Council
January 19, 1999
Page 31
Corrie: Motion made by Mr. Bird second by Mr. Bentley for the late comers agreement
to be entered into and drawn up for Council's approval. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: I believe the last item is Mr. Rountree requested -
Rountree: Thank you Mr. Mayor. I've discussed some re-appointments for Council
liaison activities with various departments. Having been recently re-elected Council
President, I'm going to exercise one of the few perks that come with that. I get to sign a
lot of checks occasionally. Anyway I am officially asking that Mr. Anderson remain with
the fire department and continue his excellent work in that area. On behalf of the
Council of the City of Meridian I really appreciate Ron what you've done this past year.
You've moved the City and the fire department, and this Council's knowledge base and
everything light years ahead of where we were a year and a half, two years ago. I
appreciate it. I would like Mr. Bird to be the liaison and financial advisor with the
Meridian City Police Department, and Mr. Bentley to take over and fill my rather large
shoes with the Parks and Recreation Department. Actually it's a perfect time that
they've grown a lot. I think they know where they want to go. They're in the process of
looking at redrafting for consideration by Council the ordinance that established them.
So I think they've got some good direction. We now have a department with a full blown
director so that will be helpful as well for Mr. Bentley. As for myself I'm going to be
working with Mr. Smith and the Public Works Department, and I don't know if we need a
point of clarification Mr. Mayor. This has been a question that's come up numerous
times in the past and you know we get some resolution and then things kind of go back
and forth. But as far as the liaison and that area, let me put forth my assumption and
you can either confirm or correct what it is and what the involvement is. My assumption
with the Public Works would be liaison with Gary Smith and engineering as it relates to
water and sewer as it relates to a water and sewer building and as it relates to the
building department. The question comes in as what - is the Planning and Zoning as it
relates to the building department and the joint budget also included in that oversight
and liaison?
Corrie: Yeah I would say so.
Rountree: Okay you now have it. I'm sorry but that's the way it's going to be for this
year and I wish you all well and certainly we're no more than a phone call away at any
one point in time so Glenn I'm sure you've got some advice to offer Keith and I've got
some advice to offer Glenn and I know Keith's got some things he needs to tell me and
I'll get with Gary and find out where we're going to go there.
Meridian City Council
January 19, 1999
Page 32
Corrie: Thank you Charlie for doing that. I just have one thing to say. Do you all agree
to take the job that he assigned for you?
(Inaudible)
Rountree: I do recall the condition when I was nominated was that be advised there
may be some changes.
Corrie: I believe it was President Johnson if asked I will not run. If elected I will not
serve so you all had your chance. It's over now. (End of Tape)
Corrie: I'll entertain a motion for adjournment.
Bird: I move we adjourn.
Rountree: Second.
Corrie: Motion made and second we adjourn at 9: 15 p.m. All in favor say aye.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:15 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVED:
.~
ERT D. CORRIE, MAYOR
ATTEST:
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, JANUARY 19, 1999- 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: x: RON ANDERSON K CHARLIE ROUNTREE
)( GLENN BENTLEY >< KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
A.
MINUTES FROM PREVIOUS MEETING HELD JANUARY 5, 1999: Ufprove-
BEER AND WINE LICENSE FOR EPI'S, A BASQUE RESTAURANT: ~/n>1/e.
MINUTES FROM TRANSPORTATION TASK FORCE COMMITTEE MEETING: t2fjJro(/~
REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES BY
DAVID LEADER FOR DOVE MEADOWS #2:
-ta.!J-& ~ h: 6r<<w?// 2N.fl ~f-'
REGULAR AGENDA
B.
c.
D.
1 .
CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2-
WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:
cJQ?vI]''h~ pi/.- ~7 P.ebrbLWt.;:j 2ft!) ~
DEVELOPMENT AGREEMENT - OLIASOr(PARK SUBDIVISION:
~fJ ~ rov:Ji:..-
ORDINANCE #809 - ANNEXATION AND ZONING OF OLIASON PARK
SUBDIVISION:
a;tJ'pr-ove-
ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND
ROAD:
vvfJp roV~
ORDINANCE #812 -ANNEXATION AND ZONING OF OLSON BUSH
INDUSTRIAL PARK:
~v:<--
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR & SERVICE BY
JOHN BISS - WEST OF MERIDIAN.fOAD: \.
ap;OTt/v.e- a-h-~ud- -f'1?~c/L c-~ CJ +~
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE
OF APPROXIMATELY 4.296 ACRES FOR PROPOSED SCOTTSDALE
2.
3.
4.
5.
6.
7.
SUBDIVISION BY WOLFE COMMERCIAL ENTERPRISES, LLC - SOUTH SIDE
OF W. FRANKLIN ROAD:
~()V.JL-
8. ORDINANCE #813 - SCOTTSDALE SUBDIVISION REZONE:
#?J7'O v.e.-
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY TODD MASON
D/B/A MOXIE JAVA - 106 E. WILLIAMS: /Jf \
d.~~ tk~ ~/P( c/c-- ~ ?/,:""'o
10. FINAL PLAT FOR TURNBERRY NO.2 SUBDIVISION BY BENCHMARK LAND
COMPANY - WEST OF BLACK CAT, SOUTH OF USTICKAND EAST OF
MCDERMOTT:
~ 0 Ir..f-,
11. DEPARTMENT REPORTS:
A. TOM KUNTZ:
1. AUTHORIZA liON TO ACCEPT VISA & MASTER CARD FOR
PARK AND RECREATION FEES.
2. ROUND UP UTILITY BILLS FOR PARKS.
B.
MAYOR CORRIE:
C.
1. AMENDED RESOLUTION #172 - PERSONNEL POLICY. ~rtJv~
4. a~po/h:t/Yled ():f 7tt.;w~ ~ '/ :EM ~ / IL€I rh Bt.7hLp -jo Pi If- t!tn'k.- "--j7rrov..e.-
2. MILEAGE REIMBURSEMENT UPDATE. ~Q~ _
3 r a,pr7lh:fmeh;t 01 70hJ In -fp 7i'a.fli"- JCtFery ~ _ -4/JPI'ov.e-
KENNY BOWERS:
:? iitY/ruc-t tJ.-e.. ;=ii-e Jf-af7'oh- ~/dff CCI1-t/#,1'ke- Iv !J€f'/~ fJ.rocc?!.f In-
:;7.,. Ct$fh..J /ruC/7b?-- fJ1.t:Ut~ l
1. ZGA CONTRACT FOR FIRE STATION. ~pv-e.-- - tl~jJ)-WC--
2. J~tF -Iv fJH1c~ec( w/H.., proceH fOf- re-zoy,,'J'" arfh'17(/"..e-
GARY SMITH:
D.
1. LATE COMERS AGREEMENT FOR HOLIDAY INN EXPRESS.
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** TX CONFIRMAl .L'-'I~ REPORT **
(
AS OF JAN 20 '~J 08:16 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM
01 01/20 08:15 208 888 1097
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01' 00" 002 043 OK
--------------------------------------------------------------------------------------------
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY. JANUARY 19,1999-7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: X' RON ANDERSON --LCHARLJE ROUNTREE
~GLENN BENTLEY -LKEITH BIRD
-LMA VOR ROBERT CORRIE
CONSENT AGENDA
MINUTES FROM PREVIOUS MEETING HELD JANUARY 5, 1999: ~pr()v~
BEER AND WINE LICENSE FOR EPI'S, A BASQUE RESTAURANT: tAffYli've.
MINUTES FROM TRANSPORTATION TASK FORCE COMMITTEE MEETING:&flrDv.e...
REQUEST FOR REIMBURSEMENT OF WELL DEVELOPMENT FEES BY
DAVID LEADER FOR DOVE MEADOWS #2:
~ ~ h6rlUVt./1Z~/J.-.'r~.
REGULAR AGENDA
A.
B.
c.
D.
1 ~
CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.. 2 _
WEST SIDE OF EAGLE ROAD BEtWEEN FAfRVIEW & USTICK ROAD:
<7Q'7t.;;'ntM!.. pl.l- ~t Pe brH.(J;J,.;r 21{JJ ~
DEVELOPMENT AGREEMENT - oLIAsotlPARK SUBDIVISION:
tLfJPro~
ORDINANCE #809 - ANNEXATION AND ZONING OF OLIASON PARK
SUBDIVISION:
ap j? roo vL.
ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND
ROAD:
~roV..(.,
ORDINANCE #812 - ANNEXATION AND ZONING OF OLSON BUSH
INDUSTRIAL PARK:
~v-<...-
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR & SERVICE BY
JOHN BISS - WEST OF MERIDIAN..~OAD: \
apJJ'r$v-e.. ~h-er.-~ .,c,,/C~c/,- ~ tJ +~
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE
OF APPROXIMATELY 4.296 ACRES FOR PROPOSED SCOTTSDALE
2.
3.
4.
5.
6.
7.
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1999 JA 28 P~1 f: 35
CITY OF MERIDIAN
( ..ECOROEO - REQUEST OF
~~
.FEE !- DEPUTY
0((99008498
l~OA COUNTY RECORDER
.J. Df.\VIO HA.VARRO
~; ;~: : ~, ;:. 1 ~L&. H [)
ORDINANCE NO. 812
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF
ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A
REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT
SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING
DESIGNATED LIGHT INDUSTRIAL (I-L); AND DECLARING THAT SAID LAND,
BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY
TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED
COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH
ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE
STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO
CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE NlAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION I.
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 located in a portion of Lot 4, Blocle 1 of Olson and Bush
Industrial Parle Subdivision and a portion of Lanarle Street (a public right-of-way)
located in the Southeast Quarter of Section 8, Township 3 North, Range I East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
OLSON BUSH INDUSTRIAL PARK
ANNEXATION AND ZONING ORDINANCE
(
Commencing at the East 1/4 comer of said Section 8, thence South 00055'00"
West 1472.82 feet; thence North 89002'00" West 600.00 feet; thence South
00055'00" West 274.94 feet to the TRUE POINT OF BEGINNING, being a 1/2
inch iron pin on the southwest comer of Lot 4, Bloclc 1 of said Olson and Bush
Industrial Park, said point being 25.00 feet distant from (when measured at right
angles to the center of Lanarlc Street right-of-way) thence; North 00055'00" East
274.94 feet along the westerly line of said Lot 4, Block I thence; South 89002'00"
East 140.00 feet along the northerly line of said Lot 4, Block 1 thence; South
00055'00" West 274.95 feet along the easterly line of said Lot 4, Bloclc 1 of said
subdivision to a V2 inch iron pin, said point being 25.00 feet distant from (when
measured at right angles to the center of Lanarl, Street right-af-way) thence; South
00055'00" West 25.00 feet to the centerline of said Lanarl, Street thence; North
8900 I '38" West 140.00 feet along the centerline of Lanark Street right-of-way to a
point thence; North 00055'00" East 25.00 feet to the point of beginning.
Said parcel contains 41, 991 square feet more or less.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and Inade a part of the City of Meridian, Ada County, Idaho.
SECTION 3:
That the real property herein by this ordinance annexed to the
City of Meridian hereinabove described shall be zoned Light Industrial (I-L).
SECTION 4:
That the City Engineer is hereby directed to alter all use and
area maps as well as the official zoning lnaps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5:
All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
OLSON BUSH INDUSTRIAL PARK
ANNEXATION AND ZONING ORDINANCE
2
SECTION 6:
This ordinance shall be in full force and effect from and after
its passage, approval and publication, according to law.
SECTION 7:
The Clerl( of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries
of the City of Meridian, including the lands herein annexed, with the following officials
of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and
Assessor and shall also file simultaneously a certified copy of this ordinance and map with
the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63-
2215 and 950-223.
. /1 rlt
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /,-
day of .;JafUttf/!,J ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
/C/t:A.- day of .;J;vn-utvl-j ,1999
msg\D:\MyFiles\Meridian City File\Ordin~ces2
....
-
BUSH INDUST PARI(.WPD
OLSON BUSH INDUSTRIAL PARK
ANNEXATION AND ZONING ORDINANCE
3
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State
of Idaho, do hereby certify that the attached copy of Ordinance No. 812, passed by the
City Council of the City of Meridian, on the Iq~L day of January, 1999, is a
true and correct copy of the original of said document which is in the care, custody and
control of the City Cle~~\R<:;h~~:~I~~>, Meridian.
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:: #: ILLIAM G. BERG, JR.
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STATE OF IDAHO, r..." COUNT"{. """""
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day of ~ i\ \ ~\Mff ' in the year 1999, before me,
S ~ , a Notary Public, appeared
WILLIAM G. RG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
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RECORl_ ~ - R~~EST OF
ADA COUNTY RECOROER ~lte-k q
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1999 JA ~ poor ~5ERID~/rl9 9 0 0 8 4 9 9
ORDINANCE NO. C/ ~
AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL
PROPERTY HAS MADE A WRIITEN REQUEST FOR REZONE OF THE
ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN
THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-15 (MEDIUM
HIGH DENSITY RESIDENTIAL) ZONING DISTRICT TO L-O (LIMITED
OFFICE DISTRICT) AS DEFINED UNDER 9 11-2-408B(7) OF THE
MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL
ORDINANCES, .RESOLUTIONS ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD
SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY
OF MERIDIAN, IDAHO,.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1.
FINDINGS:
1. The owner of the following described property has
made a vvritten request for a re-zone of the zoning
classification for the subject Real Property herein
described from R-15 (Medium High Density
Residential) District to L-O (Limited Office) District
as defined under S 11-2-408B(7) of the Municipal
Code of the City of Meridian; and
2. The City of Meridian Planning and Zoning
Commission and City Council having given notice
SCOTTSDALE SUBDIVISION
RE-ZONE ORDINANCE - 1
il
and conducted all public hearings in accordance with
law and having issued its findings of fact and
conclusions of law and Decision and Order granting
the application for rezone; and
3. The real property which is the subject of this
SCOTTSDALE SUBDNISION
RE-ZONE ORDINANCE - 2
ordinance is legally described as:
A parcel of land located in the NE V4 of the NW 1/4
of Section 13, Township 3 North, Range 1 West of
the Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the north 1/4 comer of Section 13,
T. 3N., R. 1 W., B.M., thence S 0004'01" E 40.00
feet to a point on the south right-of-way of W.
Franldin Road, the REAL POINT OF BEGINNING
of this description;
Thence N 89049'00" W 155.50 feet along said south
right-of-way to a point;
Thence S 45011'00" W28.28 feet to a point;
Thence S 0011 '00" W 265.00 feet to a point;
Thence N 89049'00" W 195.85 feet to a point on
the east boul1dary of Crest Wood Estates
Subdivision No.1, filed in Bool( 36 of Plats, at page
3060, records of the Ada County Recorder's Office;
Thence S 9010'00" E 125.49 feet along said east
boundary to a point;
Thence S 0005'00" W along said easterly boundary
58.10 feet to the northeast of Fenway Parle No.3
Subdivision, filed in Baal, 66 of Plats, at page 6890,
records of the Ada County Recorder's Office;
Thence S 0004'03" E 124.73 feet along the east
boundary of said Fenway Parle No. 3 Subdivision to
an angle point;
Thence S 65051'33" E 386.92 feet along the
northeasterly boundary of said Fenway Parle No. 3
Subdivision and Fenway Parle No. 2 Subdivision to a
point on the west boundary of Franldin Square
Subdivision, filed in BoDle 44 of Plats, at page 3587,
records of the Ada County Recorder's Office;
Thence N 0004'01" W 748.77 feet along said west
boundary to the REAL POINT OF BEGINNING of
this description.
This parcel contains 4.296 acres, more or less.
SECTION 2.
That the above-described real Property be, and the same is
hereby re-zoned and designed (L-O) Limited Office District.
SECTION 3.
That the City Engineer is hereby direct to alter all use and
area maps as well as the official zoning maps depicting the City of Meridian land use
zones in accordance with this ordinance.
SECTION 4.
All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 5.
This ordinance shall be in full force and effect from and
after its passage, approval and publication, according to law.
SCOTfSDALE SUBDIVISION
RE-ZONE ORDINANCE - 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
Itf~
this _ day of Ja-yvt(jk~1- ' 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
IqfL
this_dayof ~~t- ,1999.
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RE-ZONE ORDINANCE - 4
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
County of Ada, )
(\On this fq-fL drY of ct-~. , in the year 1991, before me,
~ \ ~.f\{V= ,a Notary Public, appeared
WILLIAM . BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and aclmowledged to me that
he executed the same on behalf of the City of Meridian.
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BRIGGS ENGINEERINGl INC.
INC
100' SCALE MAP
SCOTTSDALE SUBDIVISION
NW 1/4 SECTION 13, T.3N., R.IW., B.~.
ADA COUNTY, IDAHO
REVISION
E
[ BRIGGS J
SHEET
40F 4
(208) 344-9700
1800 W. OVERLAND RD.
BOISE, IDAHO 83705
DESIGN
DATE
11/03/98
DWG. NO.
980202
\980202.APR
1999 JA 28 Prl I: 3-4
CITY OF MERIDIAN
\ ,
RECbf\OED. REQUEST Of
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.s-r199008496
J~.DA COUNTY RECORDER
J. OA\qD Nt\VARRO
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ORDINANCE NO. 809
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERlDIAN, COUNTY OF
ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A
REQUEST FOR ANNEXATION IN WRlTING TO THE COUNCIL; AND THAT
SAID LAND BE ANNEXED TO THE CITY OF MERlDIAN AND ZONING
DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRlCT (R-8); AND
DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRlPTION AS
DESCRlBED BELOW, BE A PART OF THE CITY OF MERlDIAN, 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 MERlDIAN, IDAHO; AND DIRECTING THE CLERl( OF THE CITY
OF MERlDIAN 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
MER1DIAN, 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 the west 333.50 feet of Lot I, Onwiler Subdivision,
lying in the NW 1/4 SE 1/4 of Section 7, T. 3N., R. IE., B.M., Ada County,
Idaho, said parcel being more particularly described as follows:
OLIASON PARK SUBDIVISION
ANNEXATION AND ZONING ORDINANCE
Commencing at the Brass Cap lnarldng the 1/4 comer common to Sections
7 and 8, T. 3N., R. IE., B.M., Ada County, Idaho; thence, S. 89000100" W.
2647.59 feet along the north line of said SE 1/4 to an iron pin marldng the
Center 1/4 comer of said Section 7 and the Northwest corner of Lot I,
Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho,
said point being the REAL POINT OF BEGINNING;
Thence along the north line of said Lot I, N. 89000'00" E. 333.50 feet;
Thence, S. 00000'26" E. 398.46 feet to the south line of said Lot I;
Thence, N. 90000'00" W. 333.50 feet to the Southwest corner of said Lot
I;
Thence, N. 00000'00" E. 392.64 feet to the REAL POINT OF
BEGINNING, said parcel containing 3.03 acres.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3:
That the real property herein by this ordinance annexed to the
City of Meridian hereinabove described shall be zoned Medium Density Residential
District (R-8).
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 I dated the
/qt:!: day of J~faa.:; ,1992
OLIASON PARK SUBDIVISION
ANNEXATION AND ZONING ORDINANCE
2
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 Clerl< of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries
of the City of Meridian, including the lands herein annexed, with the following officials
of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and
Assessor and shall also file simultaneously a certified copy of this ordinance and map with
the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 863-
2215 and 850-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /9~
day of ;!ahu..artvl ,1999.
v
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
Iq~ day of ~~cf' 1999
3
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City ClerIc, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 809,
passed by the City Council of the City of Meridian, on the Iq~ day of dCi~C{ I
1992, is a true and correct copy of the original of said document which is in the if
care, custody and control of the City ClerIc of the City of Meridian.
County of Ada,
, On thi~ \ C\... gay of ~. , in the year 1991, before me,
~~ ~ , a Notary Public, appeared
WILLIAM' BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
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CERTIFICA TION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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FE~ .k- _DEPUTY
Y-?'99008 97
1999JA 28 PH I: 34
CITY OF MERIDIAN
ORDINANCE NO. 811
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF
ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A
REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT
SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING
DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G); AND
DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS
DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF
ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING
THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF
THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY
OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF
THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR,
TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE
STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND
SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1.
FINDINGS: That the following described land is contiguous
and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received
a written request for annexation to the City of Meridian, Idaho, by the owner of said
Property to-wit:
A parcel located in the SW 1/4 of the SE 1/4 of Section 13, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
ROBERT F. BEEDE
ANNEXATION AND ZONING ORDINANCE
./
/
t/
(
BEGINNING at a 5/8 inch diameter iron pin marldng the southwesterly
corner of said SW 1/4 of the SE 1/4, from which a brass cap monument
marl<ing the southeasterly corner of the SE 1/4 bears N 89039'20" E a
distance of 2618. 78 feet;
Thence N 0002'54" W along the westerly boundary of said SW 1/4 of the
SE 1/4 a distance of 335.60 feet to a 5/8 inch diameter iron pin;
Thence leaving said westerly boundary N 89039'20" E a distance of 165.00
feet to a 5/8 inch diameter iron pin;
Thence S 0002'54" E a distance of 335.60 feet to a P.I(. nail and brass
washer on the southerly boundary of said SW 1/4 of the SE 1/4;
Thence S 89039'20" W along said southerly boundary a distance of 165.00
feet to the POINT OF BEGINNING.
This parcel contains 1.27 acres and is subject to any easements existing or
in use.
This description was prepared for annexation purposes only and contains a
portion of right-af-way for Overland Road previously deeded to the Ada
County Highway District.
SECTION 2:
That the above-described real property be, and the same is
hereby annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3:
That the real property herein by this ordinance annexed to the
City of Meridian hereinabove described shall be zoned General Retail and Service
Cormnercial (C-G).
ROBERT F. BEEDE
ANNEXATION AND ZONING ORDINANCE
2
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:
All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6:
This ordinance shall be in full force and effect from and after
its passage, approval and publication, according to law.
SECTION 7:
The CIerI, of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner plainly and clearly designating the boundaries
of the City of Meridian, including the lands herein annexed, with the following officials
of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and
Assessor and shall also file simultaneously a certified copy of this ordinance and map with
the State Tax Commission of the State of Idaho, all in compliance with Idaho Code s63-
2215 and s50-223.
ROBERT F. BEEDE
ANNEXATION AND ZONING ORDINANCE
3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 19--1i::
dayofV~ ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
(q-IA day of ;r~'1 ,1999.
r/
'?
ROBERT F. BEEDE
ANNEXATION AND ZONING ORDINANCE
4
(
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerl<, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordin.ance No. 811,
passed by the City Council of the City of Meridian, on the jq.t& day of J~j
199:[, is a true and correct copy of the original of said doctlment which is in the r7
care, custody and control of the City Clerl< of the City of Meridian.
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{\ On thi~ day of =sin. , in the year 19cf.l, before me,
~ ~S , a Notary Public, appeared
WILL G. BERG, JR., lmown or identified to me to be the City Clerl< of the City
of Meridian, Idaho that executed the said instrulnent, and aclmowledged to me that
he executed the same on behalf of the City of Meridian.
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