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Home My WebLink About1999 10-02 MERIDIAN CITY COUNCIL B. APPROVE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 21,1999: APPROVE c. APPROVE BILLS: APPROVE D. ADA PLANNING ASSOCIATION RE-ORGANIZATIONAL JOINT EXERCISE OF POWER AGREEMENT: APPROVE REGULAR AGENDA EAGLE SCOUT PROJECT PRESENTATION BY MAYOR CORRIE: 1. ORDINANCE # 845 -- ANNEXATION & ZONING OF 2.0 ACRES (FOR I-L ZONE) BY JACKSON FOOD STORES, INC.-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: APPROVE 2. TABLED 917/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: APPROVE 3. TABLED 917/99: REQUEST FOR FINAL PLAT FOR LAKES AT CHERRY LANE NO.9 BY STEINER DEVELOPMENT - NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: TABLED TO NOVEMBER 3, 1999 I ( ( 4. TABLED 9/21/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: TABLED TO OCTOBER 19, 1999 5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: APPROVE RESOLUTION 6. TABLED 9/21/99: ORDINANCE # 846 -- ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC- NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: APPROVE 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: APPROVE 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: TABLED TO OCTOBER 19, 1999 9. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: TABLED TO OCTOBER 19,1999 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: APPROVE 11. TABLED 9/21/99: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI- FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE. APPROVE DISMISSAL ( 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) - LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. APPROVE 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: APPROVE 14. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: CITY ATTORNEY TO PREPARE F/F & elL 15. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: CONTINUE PUBLIC HEARING TO NOVEMBER 3, 1999 16. CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: CITY ATTORNEY TO PREPARE F/F & elL 17. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: CITY ATTORNEY TO PREPARE F/F & elL 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-TTO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CITY A TIORNEY TO PREPARE F/F & C/L 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CITY ATTORNEY TO PREPARE F/F & elL 20. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: CITY ATTORNEY TO PREPARE F/F &C/L ( 21. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR T ARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS A~MITOS PARK & NORTH OF SHERBROOKE HOLLOWS: DENY PRELIMINARY PLAT-REQUEST FOR RECONSIDERA liON ON NOVEMBER 3, 1999 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: APPROVE WITH CONDITIONS 23. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: APPROVE WITH CONDITIONS 24. REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DEl ACHED GARAGE BY MEL AND DEBI LACY -1414 N. MERIDIAN ROAD: CITY ATTORNEY TO PREPARE F/F & elL 25. REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER- NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: CITY ATTORNEY TO PREPARE F/F & elL 26. DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS NO.3 BY GEM PARK II AND WESTPARK COMPANY: APPROVE RESOLUTION #_ 27. WATER I SEWER / TRASH DELINQUENCIES: APPROVE 28. DEPARTMENT REPORTS: A. GARY SMITH: 1. WATER LINE EASEMENTS /1999 WATER LINE PROJECT. APPROVE 2. AMENDMENTS TO ENGINEERING AGREEMENT AT VVVVTP. APPROVE 3. LAND LEASE AGREEMENT WITH LARRY D. JAMES (35 ACRES). APPROVE B. KENNY BOWERS: 1. CHANGE ORDER FOR NEW FIRE STATION. APPROVE ( ( c. MAYOR CORRIE 1. PARKS & RECREATION COMMISSION APPOINTMENT OF JOE DA ROSA: APPROVE MERIDIAN CITY COUNCIL AGENDA TUESDAY, OCTOBER 5, 1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: 'I RON ANDERSON CHARLIE ROUNTREE X GLENN BENTLEY X' KEITH BIRD )( MAYOR ROBERT CORRIE I CONSENT AGENDA A. APPROVE MINUTES PREVIOUS MEETING HELD SEPTEMBER 7,1999: cvtf/jJ/1JVZ- B. APPROVE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 21, 1999: ~;;fJrov.fiL C. APPROVE BILLS: ~tpn v~ D. ADA PLANNING ASSOCIATION RE-ORGANIZATIONAL JOINT EXERCISE OF POWER AGREEMENT: ~fpro VL/' REGULAR AGENDA EAGLE SCOUT PROJECT PRESENTATION BY MAYOR CORRIE: 1. ORDINANCE # '84b -- ANNEXATION & ZONING OF 2.0 ACRES (FOR I-L ZONE) BY JACKSON FOOD STORES, INC.-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: t:lpprov.e- 2. TABLED 917/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: ~v~ 3. TABLED 917/99: REQUEST FOR FINAL PLAT FOR LAKES AT CHERRY LANE NO.9 BY STEINER DEVELOPMENT - NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: 'fzz~ tvv'h 2 ;t./o n J ~I) ry 4. TABLED 9/21/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: '~,lxe ~L dc(-, /9tJ-~. ( 5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: t'ipjJTY7I/JL jJ,J' f ~~ 6. TABLED 9/21/99: ORDINANCE # B 46 -- ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLG-NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: ~.f("~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: ~rov~ 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WillIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: ~ avv~7 Och (q1J:. ~ 9. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE 1& SOUTH OF FAIRVIEW: . .U J1. ~ ~~ ~ tJCA/71z- ~- r 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: a-jJprov~ 11. TABLED 9/21/99: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI- FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE. t:Vf?jJr&v~ d/J /1A-)TJ~ 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) - LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. ~;rro v..e-. 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: tPptfJ r-o v <... 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. ( ( CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: (] IfzJ a r~~ hJ fh-<-/J ~ -f' I f-- l c:/-e.- CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD:e hv-/JUu-' ;JIll ~/tt Nvv. J%.!l m1- CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: :' /./, d' # &J.vj ~~7 -/.t? rru-pc~ r/f 1 cJ..-L CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: - ~Yr ~ ~ / .;1 C/ ~ ~:; .,4J ~ jJ'~ FIr l: C4 A..- CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (J/!-z? ~i fo ~pUA-e ~/~.f c/ L CONTINUED PUBLrc HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: f;~ ~!J ~PU-j.7~ ~/~~'cl..e.. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SQUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS:'r ~ ;- . C' /J-q a /~ 0/ -fo p-te- j? tlA..-( --1'/ f- 1 c :e.. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR T ARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NO~TH OF SHERBROOKE HOLLOW~j /?;:j ~~. pea.-(- re~.f-f k>- /l-€CDYt.Ft~-IJ'tn-- O"h.- pCVJ 3 ft---h TABLED ~/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS 0 SUBDIVISION NO.1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: _ _~ t CUJ71m9 t/.e. tv;?1t Cc,rn..aJh~.f TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: _. J h\:J tVfJl~ Vte ?iJ)I1'''L C-<:i"'7Uf.../ n-!" . REQUESt "FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR 25. 26. 27. 28. ( RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY -1414 N. MERIDIAN ROAD: r/ r ~ _I b L'/k d/t(;,~:f Iv fh-ej?~ -r-{--f- f c-r.A:- REQU~ST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER- NORT_HWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: f1ik w~"1 ~ ~p aA.-L -fl,L <I (ll-R- DEVEL6PMENT AGREEMENT FOR SHERBROOKE HOLLOWS NO.3 BY GEM PARK II AND WESTPARK COMPANY: j}/7.(~/J~ h~~ wF~rov~ ~J~& WATER 1 SEWER I TRASH DELINQUENCIES: d/,oj7To VJ<:- DEPARTMENT REPORTS: A. GARY SMITH: 1. WATER LINE EASEMENTS 11999 WATER LINE PROJECT. djlJ7nvuv Cl-jJf/I7?vV 2. AMENDMENTS TO ENGINEERING AGREEMENT AT \fVWTP. tt?j7 rpv~ 3. LAND LEASE AGREEMENT WITH LARRY D. JAMES (35 ACRES). ~7rC?V'e-- B. KENNY BOWERS: 1. CHANGE ORDER FOR NEW FIRE STATION. QPjtJro v~ (}. inaJo/-- &rrie. I . (J(}/t,{Lf -{ l'(eC/ULa:f-;c~ 0G W't ~iTf~~ tup /)C.> I~ f.e. c0 JO e... ce..a.. f( oS ~ t'i:.-f;D ....-ov~ (-- ( MERIDIAN CITY COUNCIL AGENDA TUESDAY, OCTOBER 5, 1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD K MAYOR ROBERT CORRIE I CONSENT AGENDA A. APPROVE MINUTES PREVIOUS MEETING HELD SEPTEMBER 7, 1999: u,;j/jJ/Vv~ B. APPROVE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 21, 1999: ~f1(Jrov.f!./ c. APPROVE BILLS: CtfflYD VJV- D. ADA PLANNING ASSOCIATION RE-ORGANIZATIONAL JOINT EXERCISE OF POWER AGREEMENT: dfJjJro v~ REGULAR AGENDA EAGLE SCOUT PROJECT PRESENTATION BY MAYOR CORRIE: 1. ORDINANCE # 84~ -- ANNEXATION & ZONING OF 2.0 ACRES (FOR I-L ZONE) BY JACKSON FOOD STORES, INC.-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: ~prove...- 2. TABLED 917199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: ~V'~ 3. TABLED 917/99: REQUEST FOR FINAL PLAT FOR LAKES AT CHERRY LANE NO.9 BY STEINER DEVELOPMENT - NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: ~ tvvh l iVu VI J fi-/) ;wig 4. TABLED 9/21/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: ~ ~1 {fJcf,19~~. ( ( 5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: d/}?tPn7I/L /2R f ~~ 6. TABLED 9/21/99: ORDINANCE # B 46 - ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: CL?;;:n-ov~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: aprrov~ 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: ~ tvvvrh 7 (}ch (q 1]; ~ 9. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WilliAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: un. J1vf-;;, -hu~ ~ &C/'/7 'Z-._ r 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: C&jJfJYOV~ 11. TABLED 9/21/99: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI- FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE. t:i/pfJ/I.9vJ<:.- d;-s )Y\.-/'-rr~ 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) - LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. ~;rr-G)v~ 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: ~p)LOv.(, 14. 15. 16. 17. 18. 19. 20. 21. 22. ( ( 23. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: (J/}y ~.~ h; In--<-/J ~ -;:1 F I d..L CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD:ehV-/J~ ;:JIll ~l New. ~Jl mlt CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISUR~ LANE: 1 _ /! / r ~ ; JJ CJiI?vj t?~7 7'V p--u-p~ r I r 7 erl.A.- CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: - /:Y r A .a. / .V' c;;>vt ~tJ ~ ~jJ~ 1/''- ~ (4A.. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R- T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: t!tfz? ~o/ fa ~pWl-€ ~/~-IcIL CONTINUED PUBLI't HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: f;~ ~!1 f-d frU,P~ /1 ~ f cl..e.. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOW~~-F ~ j . crr'/-q a./~o/ ~ ~jJ~ -iff- :( ci~ CONTINUED PUBLle HEARING: REQUEST FOR PRELIMINARY PLAT FOR T ARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOW?l /?;j ~ ~~ ;:;e~ re~.f+ fbL- /l1~.n ~~'In-- <Tn- ,iU7V) 3 ft.-k TABLED ~/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS () SUBDIVISION NO.1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST G. R. OVE ROAD: , .._ _ .J t1~ appn9t/ ~ tulM Cc:rn-<<-/ n ~ TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: __ ___ ~ L\:) appY't> Vl€ WJ M... (/(YTl-?,.JT/ n,r REQUESt FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 SAY CARPORT (BOAT STORAGE) AND REMOVE OR 24. 25. 26. 27. 28. ( RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY -1414 N. MERIDIAN ROAD: /,/,' ~ c/ /J elf..;; ~:J ..Jo fh-ej?~ r{--r- f ....c.- REQU~ST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER - NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: elk ~ ~ ~pwu-~/,L 1(11R- DEVEL6PMENT AG~EEMENT FOR SHERBROOKE HOLLOWS NO.3 BY GEM PARK II AND WESTPARK COMPANY: f)~ Jofvvh~~ 6/j:JjJroVU- ~ WATER I SEWER I TRASH DELINQUENCIES: d:pprov~ DEPARTMENT REPORTS: A. GARY SMITH: 1. WATER LINE EASEMENTS /1999 WATER LINE PROJECT. o/'jJn~ C&,f/f/TPVU 2. AMENDMENTS TO ENGINEERING AGREEMENT AT 'NWTP. dj? j7 /Il V./!/ 3. LAND LEASE AGREEMENT WITH LARRY D. JAMES (35 ACRES). ~7rC? ve.- B. KENNY BOWERS: 1. CHANGE ORDER FOR NEW FIRE STATION. 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" I-lU '~ WC/) ~ ~ ~ WU5 -. .3 ~ ,~ \! .J ~... ~ ~...J 10 '::{ 0... \J ,)- MERIDIAN CITY COUNCIL SPECIAL MEETING OCTOBER 5. 1999 The special meeting of the Meridian City Council was called to order at 6:38 p.m. on October 5, 1999 by Mayor Robert Corrie. MEMBERS PRESENT: Bob Corrie, Keith Bird, Glenn Bentley, Ron Anderson MEMBERS ABSENT: Charlie Rountree OTHERS PRESENT: Bill Gordon, Will Berg, Pauline Skaggs, Andy Fujimoto with lEe. Corrie: It's 6:38 p.m., October the 5th, 1999. Open the City Council and we need to have a special executive session. I'll entertain a motion to go into executive session Bird: So moved. Anderson: Second. Corrie: Okay. Motion's made to go into executive session. State Code 67-2345-8. Any other discussion? Hearing none, all those in favor of the motion say aye. All ayes, motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. We'll be coming out of the executive session. I'll entertain a motion to do so. Bentley: So moved. Bird: Second. Corrie: Motion made and seconded to come out of executive session. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: All ayes, (inaudible) abstained absence, the vote is carried. We need to adjourn this special meeting. Anderson: I'll make a motion that we adjourn. Bird: I second. Meridian City Council Special Meeting - Executive Session October 5, 1999 Page 2 Corrie: Motion made and seconded to adjourn the special meeting. All those in favor say aye. All ayes, motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) \\\\HUUIUII/ \\' ~~.e 111I ,,,,\:..... Or ly.~EF:l...l) 11/;1 "" ...f,' ""- r~ ~// $" & o?P-OFl~ f~ ~ i .# ~ % - - ~ ~ = SEAL - i"(;; v 2 ~ Q ,Q>02 ~ --PC U8r 1S\ ' ~..;: ~ ~1 ~~ ~ ..../".1 · Co ~" ~ ,-,V I" UN"~ 'l. \\' I J II \ \ \ JtlllUI nH\\\ ATTEST: ( ( MERIDIAN CITY COUNCIL MEETING . OCTOBER 5. 1999 The regular meeting of the Meridian City Council was called to order at 7:32 p.m. on October 5, 1999 by Mayor Robert Corriea MEMBERS PRESENT: Bob Corrie, Keith Bird, Glenn Bentley, Ron Anderson MEMBERS ABSENT: Charlie Rountree OTHERS PRESENT: Shari Stiles, Gary Smith, Bill Gigray, Ken Bowers, Eric Rossman, Steve Rutherford, Will Berg Corrie: I'll open the Meridian City Council meeting, October 5, 1999 at 7:32. City Clerk, would you please call roll. CONSENT AGENDA A. APPROVE MINUTES PREVIOUS MEETING HELD SEPTEMBER 7, 1999: B. APPROVE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 21,1999: C. APPROVE BILLS: D. ADA PLANNING ASSOCIATION RE-ORGANIZA TIONAL JOINT EXERCISE OF POWER AGREEMENT: Corrie: I want to welcome everyone here this evening. We have the Consent Agenda council with Items A, 8, C and 0 before you. Are there any questions or discussion of those? Bird: I have none. Bentley: I have none. Corrie: I'll entertain a motion to approve the Consent Agenda A, B, C and 0, then. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda A, B, C and D. Anderson: I second it Corrie: Motion's made by Mr. Bird and seconded by Mr. Anderson to approve the Consent Agenda A, B, C and D. Any further discussion? Hearing none, all those in favor of the motion say aye. (- Meridian City Council Meeting October 5, 1999 Page 2 MOTION CARRIED: ALL AYES EAGLE SCOUT PROJECT PRESENTATION BY MAYOR CORRIE: Corrie: The Regular Agenda tonight, I would like to invite our Parks and Rec representative to come up, and I think we have an Eagle Scout presentation by him and myself. Behymer: This is Trent Field. He did some work at our new park, Tully Park. Again, this is Trent Field. He gets to work at our new park, Tully park. He dug some tree wells and put some mulch on the trees. This will be very beneficial for our trees there, and (inaudible). Right here we have Ryan Porter, and he (inaudible) a rose garden into our rose park here in Meridian, Storey Park, and it turned out very nice. He put a border around the - actually dug up the turf. Put a border around the planter and put the roses in. And this here, we have Ryan Murrow (sic), and Ryan put a mulch bin at 8th Street Park which is very beneficial. It was a high-maintenance area which required us to go through with (inaudible) after that. After we were done mowing. But he put some concrete in by the fence there so we could mow right up to it (inaudible). We appreciate your help. Corrie: On behalf of the City, I want to thank you for your projects and being an Eagle Scout, be sure to put that on your resume because that'll open a lot of doors that wouldn't otherwise. And there's only four percent of all scouts that ever make an Eagle rank, so congratulations, and I'm going to give you a city pin and also the water tower pin. That's representing the City of Meridian, congratulations. If~iVI 1. ORDINANCE # 845 -- ANNEXATION & ZONING OF 2.0 ACRES (FOR I-L lONE) BY JACKSON FOOD STORES, INC.-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD: Corrie: Okay. It looks like we've got a pretty full agenda. I think if we move right along, we'll be able to get through all of it. Let's hope so. We'll take a look at about 10:00 and see where we are and see what we need to do, but most of these were tabled. A lot of this was tabled from last time. We'll try to get through those from the last meeting. The first on the agenda is Item NO.1. It's an ordinance for the annexation and zoning of two acres for I-L zone by Jackson Food Stores, Inc., north of Franklin Road and east of Eagle Road. Could the City Clerk - would you - what annexation and ordinance would that be? Berg: 845. Corrie: 845. Okay. I wasn't here last time. Okay. The City Clerk, would you read Ordinance No. 845 by title only plate? f ( Meridian City Council Meeting October 5, 1999 Page 3 Berg: Thank you, Mr. Mayor. Ordinance No. 845: An ordinance finding that cen.ain 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 ;n writing to the Council and that said land be annexed to the City of Meridian and zoning designated light-industrial district, I-L, and declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith, and directing the city engineer to add said property to this official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with Ada County Recorder, ,Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. The audience has heard the reading of the Ordinance No. 845 by title only. Is there anyone in the audience who would like to have the ordinance read in its entirety? Okay. Hearing none. Council, if you're ready, I'll entertain a motion Ordinance No. 845. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve Ordinance No. 845, the annexation and zoning of two acres for I-L zone by Jackson Food Stores} authorize the Mayor to sign and the Clerk to attest with suspension of rules. Bird: Second. Corrie: Motion made and seconded to approve Ordinance No. 845 with a suspension of rules. Further discussion? Hearing none, all those in - all right. Roll-call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. ( Meridian City Council Meeting October 5, 1999 Page 4 Corrie: All ayes, one abstained being absent. The motion is carried, Ordinance No. 845. MOTION CARRIED: ALL AYES 2. TABLED 9/7/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD Corrie: Item No.2 was tabled from 9/7/99. This is the Findings of Facts and Conclusions of Law: Request for conditional use permit for PUD to allow officA building construction on adjoining site for Jackson's Food Stores north of Franklin ROC:Jd and east of Eagle Road. Before I go any further, Staff, is this new this time? I know I signed the okay to pay for it, but it's really nice. I think the Council's going to help them and also the people in the audience to see what we're doing, so thank you very much. Staff, comments. Stiles: Mr. Mayor and Council, we don't have anything to add to the Findings that were prepared for the conditional use permit. I don't have the site plan on this, but it's for - they have an existing building out on Commercial Court, and they've run out of room, and so they're adding their general headquarters office building out there. Corrie: Okay. Counsel, do you have the Findings of Facts and Conclusions of Law with you? I don't have it in my packet. Bird: They're from last week, yeah. Corrie: They're from last week? Okay. I wasn't here last week. Council, have you read the Findings of Facts? Okay. I'll entertain a motion on the Findings of Facts. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we approve the Findings of Facts and Conclusions of Law and Decision and Order granting the conditional use permit subject to the conditions stated for Jackson's Food Stores, Inc. Bird: Second. Corrie: Motion made and seconded to approve the Findings of Facts and Conclusions of Law as written. Any further discussion? Hearing none, roll-call vote. Mr. Anderson. (- Meridian City Council Meeting October 5, 1999 Page 5 Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree is absent. Motion three. Carried. MOTION CARRIED: ALL AYES 3. TABLED 9/7/99: REQUEST FOR FINAL PLAT FOR LAKES AT CHERRY LANE NO.9 BY STEINER DEVELOPMENT - NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: Corrie: Item NO.3 is tabled from 9/7/99: Request for a final plat for Lakes at Cherry Lane, NO.9 by Steiner Development north of Cherry Lane and east of Ashford Greens Subdivision. Shari. Stiles: Mr. Mayor and Council, this was the one that required a variance from the block length in order to be approved. The variance application will not be processed until - won't be on your agenda until, I believe, October 19th and then Findings will need to be prepared, so rd ask that this be continued until the November 3rd City Council meeting. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we table the request for the final plat, Lakes at Cherry Lane, NO.9 by Steiner Development until November 3rd '99. Bird: Second. Corrie: Motion made and seconded to table Item NO.3 until November 3, 1999. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bird: I've got one question, Mr. Mayor. Corrie: Mr. Bird. ( Meridian City Council Meeting October 5, 1999 Page 6 Bird: The third is the first Tuesday. Isn't that vote? Corrie: That's the - election day is the second. This will be the third when we have the meeting. Bird: Okay. Corrie: Thank you. 4. TABLED 9/21/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No.4 is tabled from 9/21/99. It was ordinance for annexation and zoning of 6.15 acres for R-40 zoning with proposed Cobblestone Village by Ionic Enterprise, Inc. I believe we received a letter. Council, Mr. Bentley. Bentley: Yes, Mr. Mayor, it appears we have a letter from JoAnn Butler dated October 5th that they're still trying to get this Certificate of Goodstanding for Ionic Enterprises. I don't believe that it's been received; is that correct? Corrie: Shari, is that correct? Stiles: Yes. Corrie: Okay. See if Ms. Butler's in the audience, but that's good. Okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we table this to October 19th. Anderson: Second. Corrie: Motion made and seconded to table Item 4 until October 19, 1999. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC - NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: Meridian City Council Meeting October 5, 1999 Page 7 Corrie: Item No.5 is tabled from the 9/21/99 meeting. This is the development agreement for Eagle Road Professional Center by Fermor, LLC north of 1-84 west of Eagle Road and east of Allen Street. Shari, do we have - 1 guess, Will, do we have the development agreement then? Berg: Mayor and members of the Council, I do have a signed development agreement from the applicants, I guess, jointly. Corrie: Very good. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass the development agreement for Eagle Road Professional Center by Fermor, LLC north of 1-84 west of Eagle Road and east of Allen Street and for the Mayor to sign and the Clerk to attest with a suspension of rules. Anderson: I'll second that. Corrie: Okay. Motion made and seconded to approve the development agreement, the Mayor to sign it and City Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 6. TABLED 9/21/99: ORDINANCE # 846 -- ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC- NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: Corrie: Item NO.6 is tabled from the 9/21/99 meeting was ordinance, annexation and zoning of approximately 3.77 acres for C-G zoning of land for proposed Eagle Road Professional Center by Fermor, LLCJ again, north of 1-84 west of Eagle Road and east of Allen Street. Shari, any comments before we have the clerk read it? Stiles: No, sir. Corrie: City Clerk, would you please read Ordinance No. 846 by title only, please. Berg: Thank you, Mr. Mayor. Ordinance No. 846: 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 ( Meridian City Council Meeting October 5f 1999 Page 8 to the Council, and that said land be annexed at City of Meridian and zoning designated general, retail and service commercial district, C-G. In declaring that said land by proper legal description as described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the clerk of the City of Meridian to file certified copy of the ordinance and a map of the area to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and the State Tax Commission of the State of Idaho pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. We've heard the reading of the Ordinance No. 846 by title only. Is there anyone from the public that would like to have Ordinance No. 846 in its entirety? Okay. Hearing none, Council, I'd entertain a motion on Ordinance No. 846. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass Ordinance No. 846 the annexation and zoning of approximately 3.77 acres for C-G zoning of land for proposed Eagle Road Professional Center by Fermor, LLC north of 1-84 and west of Eagle Road, east of Allen Street with a suspension of rules. Bentley: Second. Corrie: Okay. Motion made and seconded to approve Ordinance No. 846 with suspension of rules. Any further discussion? Okay. Roll-call vote. Mr. Anderson Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird Bird: Aye. Corrie: Three ayes, one abstained. Motion is carried for Ordinance No. 846. MOTION CARRIED: ALL AYES 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS ( Meridian City Council Meeting October 5, 1999 Page 9 (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: Corrie: Item NO.7 is a Findings of Facts and Conclusions of Law: Request for conditional use permit for a two-story office building, Eagle Road Professional Center by Andrew Simonds-Fermor, LLC, Gentry Way and Allen Street. Staff, any comments on this? Stiles: I have none, sir. Smith: Mr. Mayor. Corrie: Mr. Smith. Smith: I guess we still have a kind of unanswered question concerning the water and sewer service to this site, and I'm not sure where that's going to end up. I've had a conversation with Mr. Simonds and had a conversation with Hubble Engineering for the property to the west of this site. We're going to be faced with the same situation with the Sonntag proposal, and right now, the water and the sewer line that has been installed in Allen Street that connects to the existing city's water and sewer line in Magic View is under a - a lien has been filed against the property owner that contracted for that installation, and I don't know where that puts this sewer and water line from a legal standpoint as far as use is concerned. We have not, Public Works Department nas not performed an inspection even to the point of pressure testing and bacteriologival testing on the water or pressure testing on the sewer as far as I understand. At this point it's not resolved. I've talked to Mr. Simonds, in fact, yesterday and I think that he is of the opinion that he wants to work something out so that sewer and water line can be finished and can be - and their service could be connected to it, but at this point, that's not - hasn't been resolved. And so it's still something that still needs to be done, and I don't know the situation with the lien that has been filed against the Holiday Inn Express site by the excavating contractor that installed the sewer and water line. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, how far is that sewer and water line on Allen Street there? Does it come all the way down to the Holiday Inn site? Smith: Yes. Correct Bird: And then is that sewer line going to go on down around? Smith: No. (' Meridian City Council Meeting October 5, 1999 Page 1 0 Bird: It's going to stub in right there? Smith: It pretty much ends at Gentry Way, I believe it is, that little street - Bird: That street right there? Smith: Yes, correct. Bird: Okay. And is that the sewer line that is also going to - Hubble's going to come in with theirs? Smith: Hubble will have to connect to the same sewer line, yes, sir. Bird: Okay. What about the Chevron and stuff? Is that the same sewer line they will be connecting to or have connected to? Smith: Chevron is connecting to the sewer line in Magic View. That sewer line in Magic View flows to the west from Eagle Road and then it gets down to, I don't knovv the name of the street, yeah, it goes south. I guess that's Wells. Bird: Wells, yeah. Smith: And then to that middle cul-de-sac it turns and goes west into the Five-Mile drainage. So the Chevron, McDonalds is connected to the sewer in Magic View. The Jackson's Texaco is connected to that same sewer line and water line also in that section of Magic View. Hubble building and their proposed subdivision plat will connect to the sewer on Allen Street, and this project for Fermor will connect to that same sewer as well as Sonntag. Now, there's some question right now as to whether Sonntag will be able to connect via gravity or if they will have to put in a small lift on their property. I don't think that's been - that question has been answered yet, finally. Bird: So actually, the east and west of Allen both flows naturally into Allen Street with the sewer, I take it. Smith: Well- Bird: Hubble's flows this way and - Smith: -- down as far as Gentry Way flows into Allen Street. South of Gentry won't. Bird: Okay. Smith: South of Gentry is going to have to flow west on that frontage road. ( Meridian City Council Meeting October 5, 1999 Page 11 Bird: And I take it the lien is on for starting off of Magic View all the way down to the - Smith: Yes. Bird: -- to where it ends right there? Smith: Yes. It covers the construction that's been performed by, I believe it was K & L Excavation for the Holiday Inn Express project. They connected to this sewer at the intersection of Allen and Magic View and extended that south on Allen Street tc the Holiday Inn site. They connected to water on Magic View at the Jackson Fooe; - or the Jackson Texaco site, extended that west on Magic View to Allen and then south on Allen to the motel site. Both of those lines have been installed. I believe the trenches have all - it's all back-filled, it's substantially complete, I would say. There are some things that need to be done; some details that need to be finished in order to finalize it. But of major significance is the pressure testing of the water line and the bacteriological testing. And, obviously, the activation of fire hydrant in that area for fire protection, which the Fire Marshall will require and historically has required on all of these projects whether the building, and Mr. Simonds made the point at the last meeting that the building would be constructed out of concrete and block, and we've been - I understand that argument and we've been down that road with the Fire Marshal before, and still had to have a fire hydrant. So- Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. I don't know if it's more appropriate for Gary or for Eric, but under one of the conditions, 2.27, it talks about the applicant shall resolve hook-up to water and sewer issues prior to issue of a building permit. Would that condit~on alone then, would that suffice to cover us to go ahead and grant this, or are we sticking our neck out if we grant this for possible litigation in the future? Corrie: Mr. Smith. Smith: Mr. Mayor, Councilman Anderson, Council, I have a signed agreement with Hubble Engineering to the effect that we will accept their plans for review, but a building permit would not be issued until such time as the sewer and water system situation is resolved, and that we can accept those systems for the connection of their service, and they understood that, and they signed off on it agreeing to that stipulation, but at least we took their building plans and started the review process. We're all hoping, and I think that a combination of the property owners out there that are interested in building will resolve this thing. In answer to your question, I think that probably that would cover our requirements. ( ( Meridian City Council Meeting October 5, 1999 Page 12 Corrie: Thank you. Any comments from Eric on that? Stiles: 1- Bird: Mr. Mayor, I'll defer to Eric. I've got one question first, maybe he can answer it too. Corrie: Eric. Bird: Along those lines, Gary, isn't that water and sewer line public city? Smith: No, sir. Bird: It is not? Smith: Well, what they connected to is public, but what's been installed is not. That belongs - Bird: That is a private - Smith: No. That well - Bird: No. Smith: -- at this point it belongs to I don't know who, the contractor, I guess, because he hasn't been paid for it. Bird: That's why I'm asking before I let Eric on here so he can answer my question too. Smith: Right now, as far as the City of Meridian is concerned, no, we don't have any interest in that sewer and water line. It has been inspected as it's been installed, but we have not accepted that line, either one of them. Bird: What's the lien against? The property, and that's a public road, isn't it? Smith: As I read the lien, and Hubble Engineering project engineer furnished me with a copy of that, the lien has been filed by K & L Excavation against the property that is owned by Holiday Inn Express, a Mr. Petell (sic), I believe his name is. Bird: How does that- Smith: I don't know - Meridian City Council Meeting October 5, 1999 Page 13 Bird: -- How does that refer - I'm asking this so Eric can answer for me. How does that reflect on the water and sewer line that is in the middle of the road? Smith: Well, that was the question that I had after I read the lien. I don't - Bird: Okay. Now I'll turn it over, Mayor. Corrie: Eric. Rossman: Thank you, Mr. Mayor. This is the first exposure I've had to this. I'm not 100 percent sure on what has happened to this point, but as far as this water line's concerned, sewer and water line, Mr. Smith is - I would assume, I haven't seen the lien yet, but I would assume the lien is against the Holiday Inn Express property pursuant to the work they performed on the sewer which benefits that property. Smith: Correct. Rossman: And so the lien is filed against the property that's owned by them. As far as the line, I haven't seen the agreement that Gary referred to with Hubble Engineering either, and I certainly want to review that before I make any conclusion as to whether how protected the City is at this point. Generally, my preference is before Findings of Facts and Conclusions of Law are adopted and this is finalized, I like to have those loose ends tied and completed before that's done, but assuming there is an agreement in place with Hubble Engineering that the building permit will not be issued subject to those issued being resolved. I would assume that they're - I can't envision any legal entanglement or any litigation to be resolved from that, but like I said, there is st~U some discretion there, and there still is somewhat of a loose end that should be - W8 need to be confident that it's going to be wrapped up. I would like to see the agreement that Gary referred to. Corrie: I think whenever I hear an attorney say "I assume something," we better table it. Any other comments from Council? Bird: Mr. Mayor. Corrie: Yes, Mr. Bird. Bird: Eric, I've got one question. The Findings of Facts and Conclusions of Law on the conditional use, we're not sticking our necks out by passing that, are we? Rossman: Well- Bird: I mean, we don't have to - Meridian City Council Meeting October 5, 1999 Page 14 Rossman: The real - Bird: -- issue a building permit. Rossman: That's right. The real leverage is the building permit, but you can't arbitrarily refuse a building permit. That's somewhat dictated by the terms of the Findings of Facts and Conclusions of Law. If you've adopted that, you have to issue a building permit in accordance with what you've agreed to at that point. Corrie: Mr. Smith. Smith: Mr. Mayor, Council members, our concern in the Public Works and Building Department was that we didn't feel it appropriate to accept the plans and issue a building permit without sewer and water service being in place. Absolutely not. And I did and Mr. Gigray did meet with Hubble and myself, a representative from Hubble and myself and K & L Excavation, and we talked about this little agreement that I eventually drafted up, it was just a little letter agreement that the Hubble folks signed agreeing to only requesting submittal of plans for review and not requesting a building permit until such time as the sewer and water line is activated. Something to that effect; I'm paraphrasing some of this. I know that Eric isn't privileged to this information, so it's difficult for him to respond, but I did sit down with Bill Gigray and Hubble folks and the contractor, and we discussed this thing and resolved it down to that point that we could accept the plans if Hubble would agree that they weren't going to request a building permit until such time as those services were there. And I think that probably Mr. Simonds would be agreeable to that same concept, but I know that he's under a time crunch and wants to move forward, too, just like Hubble was or is. And from that same standpoint, I feel confident that they, Fermor, Hubble and Sonntag, are going to marshal their forces and move forward to resolve this thing because there's a lot of money invested there in those three projects or will be invested, and they're not going to sit on them, I'm sure of that. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, is there a late-comers fee on that - Smith: Yes. Bird: -- sewer and water? Who is the recipient of that late-comers fee? Smith: The City of Meridian is the recipient of the sewer late-comers fee, and I believe that we're also the recipient of the water line that was extended up to St. Luke's. That Meridian City Council Meeting October 5, 1999 Page 15 question was asked just recently, and I haven't totally resolved that, but there are sewer and water late-comer fees on all the properties that connect out there. Bird: And another thing, we've been talking about Hubble, but that's a different project than what we're looking at right on this exact - Smith: Yes. Bird: -- one here. This is Fermor. Smith: Yes. Hubble's just right across the street. Bird: Across the street, yes. Smith: Correct. Bird: But what we're passing on right now is - Smith: Yes. I was just trying to give you some background on what's going on - Bird: Yes. Smith: -- down the road before you - Bird: I appreciate it. Smith: -- get Hubble off the ground with their building process. Bird: I can't understand how this lien has any affect on that water and sewer line in a private road. Now, I realize that it affects the property that it was brought to and it was paid for by that, but why you can't hook up to it, they can't, certainly, the lien can't be on that sewer line or that water line. It's on the property itself. Smith: Right, but- Bird: But they can't put a lien on the public road that it's running down. Smith: The lien has been filed in an amount of money that it costs to install and to furnish the pipe and to install the pipe, and there are actually two liens that have been filed. One has been filed by Consolidated Supply that supplied the pipe and fittings - Bird: Uh-huh. That's a material lien. Meridian City Council Meeting October 5, 1999 Page 16 Smith: That's a material lien. The other lien has been filed by K & L Excavation for the installation of the lines. Bird: But, Gary- Smith: I don't know what affect that lien has on the City's ability to perform a final inspection and to take ownership of it. As long as a lien has been filed, I don't know the legality of where we are with the sewer and water line and accepting it for our own. Bird: But the lien, the description of the lien is the property that Holiday Inn owns. It has nothing to do with the water and sewer line or the road that it's in, or the right-of- way that it's in. Smith: The lien is filed against a legal description of the property that the Holiday Inn owns, yes. Bird: So- Rossman: You're right. It shouldn't have any affect on the City's right to take ownership of the line. The lien is against the real property, and if the bill isn't paid l then foreclosure is against the real property, and they certainly wouldn't take the line back - it wouldn't have any affect on that line. Bird: Eric, could we - Then it wouldn't, shouldn't affect that at all, should it? That lien shouldn't affect that line at all. Rossman: Shouldn't. Bird: Okay. Thank you. Corrie: Any other discussion? Okay. Then 1'11- Okay. You have Findings of Facts and Conclusions of Law in front of you. How does the Council want to go with it? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision and Order on the request for conditional use permit for two two-story office buildings, Eagle Road Professional Center by Andrew Simonds-Fermor, LLC at Gentry Way and Allen Street. Anderson: Second. ( Meridian City Council Meeting October 5, 1999 Page 17 Corrie: Okay. Motion's been made and seconded to approve the Findings of Facts and Conclusions of Law on Item NO.7. Is there any further discussion? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird, would you want that to be subject to the same type of agreement that was reached with Hubble? Bird: No problem. Yeah. That would be fine. Bentley: And have Staff work that out? Bird: That'll be fine. Yeah. Corrie: Okay. Incorporate that into the motion? Bird: Yes, sir. Corrie: Any further discussion? Hearing none, roll-call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree is absent. Three ayes, motion's carried. MOTION CARRIED: ALL AYES 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WilliAM & LUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: 9. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II Meridian City Council Meeting October 5, 1999 Page 18 (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WilliAM & lUCILE LEAVELL-END OF 5TH, NORTH OF CREEKSIDE ARBOUR PHASE 1& SOUTH OF FAIRVIEW: Corrie: Item No.8 is tabled from 9/21/99. It is the Findings of Facts and Conclusions of Law: Request for rezone of 7.265 acres of Creekside Arbour Phase II. Gary, if my notes.are correct, there was a legal description problem here. Is it still on? Smith: Yes, sir. Corrie: Okay. So we don't have the correct legal at this point, either? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we table Items 8 and 9, Creekside Arbour Phase II until October 19th. Bird: Second. Corrie: The motion is made that we table Item 8 and No.9 until October the 19th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI-FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Corrie: Item No. 10 now. This is the Findings of Facts and Conclusions of Law: Annexation and zoning of 20.35 acres for R-15 zoning of land for proposed 300 units of multiple-family rental for proposed Sundance Apartment homes by Sundance, LLC north of Overland Road and west of Locust Grove. Council, you have the Findings of Facts and Conclusions of Law for the annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. ( ( Meridian City Council Meeting October 5, 1999 Page 19 Bentley: I move that we approve the Findings of Facts and Conclusions of Lavv and Decision and Order denial for Sundance, LLC proposed Sundance Village. Bird: Second. Corrie: Motion's been made and seconded to approve the Findings of Facts and Conclusions of Law in Item 10 for denial of the annexation and zoning of Sundance, LLC. Any further discussion? Hearing none, roll-call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree is absent. Motion's carried. MOTION CARRIED: ALL AYES 11. TABLED 9/21/99: CONDITIONAL USE PERMIT FOR 300 UNITS OF MUL TI- FAMILY HOMES BY SUNDANCE, LLC -NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Corrie: No. 11 is the Findings of Facts and Conclusions of Law. This is for - excuse me. A conditional use permit for 300 units of multiple-family housing, Sundance, LLC, and I believe since the - Bird: This is - Corrie: This (inaudible) okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we approve the order of dismissal for application for conditional use permit by Sundance, LLC. Bird: Second. ( ( Meridian City Council Meeting October 5, 1999 Page 20 Corrie: Motion is made and seconded that we approve the order of dismissal of the application for conditional use permit on Sundance, LLC, CUP 99-018. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) - LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION: Corrie: Item No. 12, Findings of Facts and Conclusions of Law: Request for preliminary plat for Santee Commercial Complex by Pinnacle Engineering, Wes Worcester, Lot 3 Block 2 of Railside Park Subdivision. Council, you have the Findings of Facts and Conclusions of Law, Item NO.7. I'll entertain a motion whichever way you'd like. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law on order of conditional approval of preliminary plat for Railside Subdivision for Santee Construction. Bird: Second. Corrie: Motion is made and seconded that we approve the Findings of Facts and Conclusions of Law on Item No. 12. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER -RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: Corrie: Item No. 13, Findings of Facts and Conclusions of Law: Conditional use permit for townhouse conversion of multiple buildings on a one-acre lot by Wes Worcester, Railside Park Subdivision at Pine and Locust Grove. (inaudible discussion between Council members.) Corrie: Staff, is it one acre or two acres? 2.1 acres it says here. 2.1 acre lot. Page 3 of the Findings. It says here the initial finding was 2.1 acres. Yeah. ( ( Meridian City Council Meeting October 5, 1999 Page 21 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Findings of Facts and Conclusions of Law authorizing the conditional use permit for townhouse conversion of multiple buildings on two-acre lots by Wes Worcester. Bird: Second. Corrie: Motion's made and seconded to approve the Findings of Facts and Conclusions of Law to allow the conditional use permit for the townhouse conversion, Item No. 13. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 14. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS-1302 E. FIRST STREET: Corrie: Item No. 14 is a continuing public hearing: Request for conditional use permit for expansion of facility to accommodate existing children by Ray Chase/Regent Business, 1302 East 1st Street. This time I will open public hearing, and we will continue the public hearing. We will hear first from Staff. Comments? Stiles: Mr. Mayor and Council, this is for the existing Kid's Club that's just north of the post office on East 1st Street. They were required to submit a conditional use permit to modify their existing conditional use permit as they were adding a building to the north side of their lot. Corrie: Okay. Stiles: This property is located in a C-C zone that normally would not require a second public hearing; however, their application stated that they were in an R-15 zon3, and that's why it was noticed for tonight. We would recommend approval with the! conditions stated by the Planning and Zoning Commission and the clarification to their recommendation on Page 3 of 1.14 that they construct architectural features on the west side of the proposed building for greater aesthetic appeal because they didn't show any architectural features on that side, so we would like them to incorporate something that kind of mimics what they have as far as the house design, some kind of architectural feature for design and review by Planning and Zoning staff. That's all. Corrie: That's all? Thanks, Shari. Since this is a public hearing, would the applicants here today like to talk? Maybe the public would like to have testimony in this request for (-- ( \ Meridian City Council Meeting October 5, 1999 Page 22 conditional use permit. Okay. Hearing none, I'll entertain a motion to close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the public hearing. Corrie: Is there a second to that? Bentley: Second. Corrie: Motion made and seconded to discontinue the public hearing at this point. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All ayes, motion carried. Discussion to Council. Anderson: I have no discussion. Bird: I have none. Corrie: Okay. ('II entertain a motion for the request for conditional use permit. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we instruct the City Attorney to prepare Findings of Facts and Conclusions of Law adopting the P & Z recommendations and with the additional that architectural features on the west side of the property be brought for review subject to p & Z review and have it reflect a due-pass. Bird: Second. Corrie: Motion is made and seconded to have the Findings of Facts and Conclusions of Law be drawn up by the Attorney with the due-pass with the conditions set forth by the motion. Any further conditions? Okay. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting October 5, 1999 Page 23 15. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING (R-T TO R-4) BY CHARLES CRANE-LOCATED AT 3610 W. USTICK ROAD: Corrie: Item No. 15 is a continued public hearing. This is a request for annexation and zoning, R-T to R-4 by Charles Crane located at 3610 West Ustick Road. Okay. At this time I'll open the public hearing on Item No. 15. Staff, comments first? Stiles: Mr. Mayor and Council, this is for a parcel of property on Ustick Road. It's just south of the Wastewater Treatment Plant. Nine-Mile Creek comes through here. The easement for Nine-Mile Creek or the right-at-way is not in the same location as the creek itself, and that's why it's a little strange configuration there. *** End of Tape 1 *** -- City Council from the Planning and Zoning Commission was that the R-4 not be granted, but that an R-2 be granted. I'd also like to clarify Item 1.2 on Page 3. It says applicant -- it says application - applicant shall provide documentation to the City showing eligibility for a one-time lot split. We have historically been allowing on8-time lot splits for parcels that had not been split since 1984 which was when our su~division ordinance was adopted; however, in talking to legal counsel, Mr. Gigray, there is nothing in our ordinance that allows for a one-time split, so in order tor them to split this property into two parcels, they would be required to file an application for a subdivision and plat the property. The applicant was probably not aware of that as this has just happened, my conversation with Mr. Gigray, so they may want to address that as part of their presentation. Corrie: Okay. Thank you, Shari. Is the applicant here this evening? Okay. If you'll state your name and where you live for the record, please. Crane: My name is Dawn Crane. I live in 3610 West Ustick Road in Meridian. Corrie: Thank you. Crane: I'm sorry. I didn't have a babysitter. Corrie: That's okay. We like kids. Crane: So what are they - what they just said, is it we can't have a one-time split? It has to be a subdivision? Corrie: I think what she's saying is you have to file a - put a plat on it to be able to do that; is that correct, Shari? Meridian City Council Meeting October 5, 1999 Page 24 Stiles: Yes. Corrie: Okay. So in order to do that, you'll have to make a filing with the City and plat the property for a one-time split, yes. But you can't - that was new and she had wondered if you had been notified of that yet. Crane: Okay. I -- usually my husband did this, and he had to go out of state, so, no. did not. Corrie: Okay. Crane: Okay. And since the house has to be hooked up to the City of Meridian water and septic, we were wondering if we could get a delay on that because from our understanding, we had to do it right away. Corrie: Okay. When it's annexed - Gary, do you want to answer that question? I'll let you. Smith: Mr. Mayor, Council members, the present city ordinance requires that any time a piece of property within the city limits is within 300 feet of a city sewer or water line, they are required to connect within 15 days of notice. That's a city ordinance. Crane: Okay. Corrie: Is she within that distance, is she, Gary? Smith: Yes. Corrie: So, per the ordinance, you would have to do that within 15 days. Crane: Within 15 days? Corrie: Uh-huh. Crane: And then we just have to file the - Corrie: File for a new plat to divide that into one-time division. Crane: Okay. File a new plat for one-time - Corrie: For a one-time - (inaudible) property's going to be zoned an R-2. You requested here an R-4, but it'd be -- Planning and Zoning has recommended it be an R-2, so in other words, one house per two-acre, and then you file a plat division ( '. Meridian City Council Meeting October 5, 1999 Page 25 Crane: Okay. That's alii have. Corrie: I'm sure you may understand. It might be a little confusing to you, but either Gary or Shari can tell you - Gary. Smith: Mr. Mayor, I was going to suggest that maybe she contact either Shari or myself. What it's going to involve is her employing a land surveyor in order to provide this, prepare this plat and do the surveying necessary. Crane: Okay. Corrie: So if you would contact Gary or Shari, they'll help you through the whole procedure of what you have to do. Crane: Like, tomorrow? Corrie: Yeah, if they're there. I'm sure they will be. Crane: Okay. Or could I wait until Friday when my husband gets home? Monday? Corrie: Sure. I would. You bet. Plenty of time. Crane: All right. Is that it? Okay. Corrie: Thank you. You've got a nice boy there. Anyone else from the public that would like to issue testimony in this request? Okay. Hearing none, Council, I'd entertain a motion to close the public hearing on Item No. 15. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 15. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I have a question for the attorney. Corrie: Okay. ( Meridian City Council Meeting October 5, 1999 Page 26 Bentley: What - since it's apparent that she's going to have to change and start this process a little differently, what should we do with this item? How do we handle it? Rossman: Thank you. Mr. Mayor, Councilman Bentley, that's an interesting issue. 1- my assumption to this point has been the City of Meridian had a one-time split provision, but I think Mr. Gigray's probably right. Shari would certainly know that if there isn't one, then the subdivision ordinance is going to apply, and they would have to plat which is somewhat unfortunate. With regard to the particular item, the annexation and zoning, you can certainly annex it and zone it without a necessity of subdivision plat unless Shari has some other comment on that. I don't see anything on that that would prevent you from annexing and zoning it. Just before they can complete the process, there would have to be some planning done that would be approved at the preliminary and final stage by the City Council. Corrie: Shari, comments? Stiles: Mr. Mayor and Council, Steve's telling me that we could continue it for a meeting or two to make sure that they do want to be annexed. Bill Gigray is also working on an ordinance for my and Gary's review regarding a one-time administrative split and the ordinance that would apply, the conditions that would apply for that one-time split, and we'll be reviewing that, and it could be that we could have that in place prior to them having to plat it. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: That would be something I prefer to do. I'd hate to go through this process. It's evident her husband's out of town, and I think she needs to confer with him. VVith that being the case, I move we continue this public hearing until - Shari, do W~ want 30 or two weeks or four? Stiles: I would say probably the November 3rd meeting. Bentley: I move that we continue this public hearing until November 3, 1999. Corrie: Okay. Mr. - attorney, we did close the public hearing but open it up and then continue at that point. Rossman: Yes. I think that would be appropriate. Bentley: I'll withdraw the motion. Corrie: I will re-open the public hearing on Item No. 15 and now will entertain a motion. Meridian City Council Meeting October 5, 1999 Page 27 Bird: So moved. Bentley: Second. Corrie: Motion to continue the public hearing on Item No. 15 and a second. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: We're back in the public hearing now. I'll entertain a motion. Bentley: Mr. Mayor, I move we continue the public hearing for the request for annexation and zoning by Charles Crane until November 3rd '99. Anderson: Second. Corrie: Motion is made and seconded to continue the public hearing until November 3, 1999. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Now, Mrs. Crane, what we've done here is that we've continued this plJblic hearing until November the 3rd so that there might be - maybe you won't haVf.3 to go through this plotting. It'll be already taken care of for you. So it'll make it a lot easier for you then to have you husband here at the same time. Crane: Okay. Thank you. Corrie: Okay. Thank you. 16. CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L-Q BY MIKE GAMBLIN-LOCATED AT CHERRY LANE AND LEISURE LANE: Corrie: Item No. 16 is a continued public hearing: Request for rezone of .6 acre from R-8 to L-Q by Mike Gamblin located at Cherry Lane and Leisure Lane. At this time I'll open the public hearing. Staff, comments? Stiles: Mr. Mayor and Council, this is for the property, there's currently an office building located on Cherry Lane and they want to make this entire process an L-O. Mr. Gamblin previously came before the City Council to make the entire, well, I believe he wanted an R-8, and this says R-4. There was a problem with the ordinance and the way it read, so it does show up as an R-4, but it is an R-8. He would like to make the entire parcel the Meridian City Council Meeting October 5, 1999 Page 28 L-O. I did want to clarify as far as the recommendations to City Council. On Page 3 of 1.9, we would ask that this site plan be provided to ensure compliance, zoning compliance, prior to applying for a building permit instead of the Certificate of Occupancy. Although Ada County Highway District has not required construction of Leisure Lane which is currently a private lane to their standards, our recomrllendation is that this is dedicated as a public road along their frontage and that it be constructed to Ada County Highway District standards. This entire subdivision is an illegal subdivision. Sewer and water is not available to most of those lots. They will have to do pretty careful coordination with the Public Works Department, make sure that his portion of the lot is sewerable. If they're not subdividing, they will also need to come in with a conditional use permit for any building on the lot. That's all. Corrie: Okay. This is a public hearing. Is the applicant here this evening? Gamblin: My name is Mike Gamblin. I live at 3208 North Linda Vista Place in Boise. I concur with staff comments with the exception of dedicating the Leisure Lane to a public road. I didn't know that - that was not in my packet, so that was a little bit of a surprise to me. Leisure Lane is owned by all the residents back in the illegal subdivision, myself included. Each of us own an undivided interest in Leisure Lane, so for me to convert that to a public road, I think, will be difficult since I don't - I'm only one of the 13 or 15 homeowners back there. I think bringing it up to standards as far as curb, gutter and sidewalk back as far as my property is concerned, I don't have a problem doing that, but dedicating it to public, I'm a little unsure of. So I guess I'd like a little commentary on that; otherwise, I do agree with all the staff comments. Corrie: Okay. Any questions of the applicant? Bird: I have none. Corrie: We'll come back to you. We'll get some answers for you. Anyone else like to issue testimony here tonight? Okay. Shari, do you have any answers? He haci a couple of questions about 8S far as the other people down the lane and what can be done there? Stiles: I don't know what kinds of problems he might encounter with making that a public roadway. The back portion of the lot will not have legal frontage on a public road. I believe that we normally require any frontage of a property to have access to a public street. This Item was a recommendation from the Planning and Zoning Commission on Page 4, Item 1.19: Applicant shall dedicate right-of-way for leisure Lane and improve to ACHD standards. It's very difficult for us to determine setbacks, to review any site plans for conformance with those setbacks if there is no road. It, essentially, becomes an interior lot line, and if public utilities are ever to be extended through this subdivision, which they will need to be, there are lots within that - along the lane that are not buildable because there's no sewer and water access to the property. It will have to Meridian City Council Meeting October 5, 1999 Page 29 come from the north side and come back down Leisure Lane to Cherry Lane and it needs to be within a public right-of-way or dedicated easement that's accepted by the Public Works Department. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Shari, I have a question. With the arrow, go up to the far end of Leisure Lane. Okay. Say these houses up at this far end, their septic systems crash. What happens then? Stiles: The property will - I don't know if it has to be condemned or they'll have to somehow get access to this sewer and bring it through. Gary's- Bentley: That was my next - Stiles: -- very familiar with this subdivision. Bentley: That would be my next question for Gary. Can you give us some input on that, Gary? Smith: Mr. Mayor, Councilman Bentley, Council, when the subdivision to the west of Leisure Lane, and I think it's called Dunton Place, second phase developed, we stubbed a sewer line somewhere in that area where that arrow is in from the public road in Dunton Place into that lot just north of the arrow - well, right down a little bit -~ comes through somewhere in there, over to a lot line and then it will have to be extended down the lot line between those two big lots that are showing there - yes, down that lot line to Leisure Lane right about there, and then it would be extended to the east and then out in Leisure Lane to serve those properties. So they - we did make provisions when Dunton Place was built to extend the sewer into the Leisure Lane area, and we got it into that one lot and the engineering has been done for extension of the sewer in Leisure Lane by others. Bentley: Okay. If it came to the point, say, the lot that's got the R-4 or R-6 on it, I can't read because it's in the middle split line there of Leisure, in that area, then we'd have to have a public street? Smith: Well, for sewer and water we'd have to have a permanent easement. We have other areas where we have permanent easements. We don't need particularly a public street, but we do have to have a permanent easement dedicated to sewer and water. I'm not so sure, Shari asked me earlier, about gravity sewering the northerly portion of this parcel, and I'm not so sure that the northerly portion will sewer back to Cherry Lane. Part of it will -- their sewer line has been extended out of Cherry Lane into Leisure Lane Meridian City Council Meeting October 5, 1999 Page 30 for a short distance, but I don't think it can go too much farther to the north, and it's going to be in trouble with cover. So I just don't know - I can't give you an an~wer as to how this particular parcel will sewer for surea The northerly portion anyway. But north of this parcel, I could guarantee you that sewer would have to flow to the north and connect to that stub line that we brought in to this subdivision. Bentley: Okay. Thank you. Corrie: Mr. Bird. Bird: Shari, on that 1.9, that's dedicated for Leisure Lane and you're just talking about the lot that he's talking about, isn't it? That he owns? Stiles: Well, this is very odd because it is an illegal subdivision. It appears from our records that where it says Leisure Lane here is actually part of this lot. So if he were to ever to try to split this property, he wouldn't be able to because he would not have frontage on a public street. So he's - it is going to be a problem. Bird: On that condition, what don't you - you just mean the length of his lot, don't you? Stiles: Yes. Bird: Right up to there? And I think he disagreed to that a minute ago right up here. That he would - that I don't - that he would - you know, curb and gutter and everything up to the edge of his lot. Stiles: I believe he agreed to - Bird: Bring it up - Stiles: -- to construct it, but not to dedicate it as a public road. Bird: The condition don't say public road, does it? Stiles: I believe it says to dedicate the right-of-way for Leisure Lane and improve to ACHD standards. North of this property, all of these properties actually go to the center line of Leisure Lane, what is Leisure Lane, so you typically could find and you will find out there that there are properties that are - buildings out there that are not very far off the roadway. So I'm not real sure what happened here, why it's different than the rest of them. It just appears from my records that maybe Mr. Gamblin could clarify that. It looks like this is all up a lot, basically a flag lot. And if that were the case and he's not able to put a public roadway there, his access would be limited to whatever he could get of Cherry Lane. ( Meridian City Council Meeting October 5, 1999 Page 31 Corrie: Yes, you certainly can. Gamblin: I like the staff's recommendations on having our access be on Leisure Lane; however, if it's - if you won't grant the idea off of Leisure Lane, while the drive is off of Leisure Lane, then we can take them off of Cherry Lane. What we're trying to do is take the entrance to this property off of Cherry Lane now. There's just broken up with numerous driveways as you go down. It'd be nice to take it off Cherry Lane and bring it on Leisure Lane. I'm a little unclear exactly what, I guess, the staff is asking me to do. I can say that I will do what I can as far as improving that road on my side of Leisure Lane all the way back to the back of my property, dedicating it what I can withi" my own power. I guess since everybody along Leisure Lane owns an equal and undiv;ded interest of Leisure Lane, I guess what I'm saying is I can't just sign off that whole thing for the whole neighborhood. I think the attorney agrees with that. So I'll do what I can. I just though the idea of bringing the driveways off of Leisure Lane like the - I don't know if you have a copy of the conceptual - just made more sense for the City to kind of clean up the driveways off of Cherry. The - where Leisure Lane is typed on there is the actual road is quite wide. I would say it's 25 or 30 feet wide. It may be deeded with that property that you mentioned on the flag lot share. I'm not familiar with that property. I don't own it, but I know that the entire neighborhood comes in and out on that street and everybody has an equal and undivided interest in the road as it currently states or as it currently sits. There is a very teeny little strip on the west side of Leisure Lane. You can see on the map. That's about 10 feet wide. ACHD owns that. That's another odd little piece too right there. Just as kind of an aside, I'm sure that the City would like to, and I think all the residents too, I don't speak for all of them, I speak for me, it'd sure be nice if they'd just kind of go in there and kind of clean up that whole subdivision. ~ think it'd probably be a nice street with sewer and water. I think all the residents back there would agree because they know that as soon as one of their septics fail, they're going to be in trouble. So I guess in conclusion, I guess I agree with the staff remarks as written so long as I have the power to do this dedication and maybe attorney can clear this up on what they're asking me to do and what the circumstances. Rossman: Mr. Mayor. Corrie: Mr. Attorney. Rossman: You're correct in that you can't dedicate somebody else's property. What you have now is an easement on a private access on Leisure Lane. Everybody who abuts that has at least an implied easement across that - proceed down that lane to get access to their property. You don't have an ownership in the property in and of itself that anybody can dedicate. Have you talked to the property owners along there as to whether they'd be interested in - Gamblin: I've talked to a few of them over the years. A few of them have spoken to me, and they've all commented - the few that I have spoken to have commented that ( Meridian City Council Meeting October 5, 1999 Page 32 they know that they have an illegal subdivision, and they know that they stand a chance of being in a little bit of a problem should they ever need some city services. Rossman: Let me as you this. The portion that says Leisure Lane, that's not entirely on your property, is it? Gamblin: It is not. My property line, there is a line drawn there. Now, I did have my attorney research my accessibility, and he did render an opinion to me that I had an equal egress and ingress into that (inaudible) Leisure Lane just like anybody else on that property, so I suppose we could determine where my property line is. And this may be the discussion down the road when I develop the property. I'm not coming and asking for the development agreement now. I'll agree to sign a development agreement, so this may be a discussion for when that time comes, but I think we can accurately determine where my property line is which abuts Leisure Lane and can develop to there or to the center of the road, whatever you decide at that time. Rossman: So, Mr. Mayor, I guess the answer to the legal issue is no, he can't dedicate somebody else's property as an easement access over that property at this poin~. I guess if everybody consent to it, there could certainly be a dedication, but at th~s point, he certainly - this individual couldn't dedicate that to public access. And if I understand correctly, his lot access or his lot line is about midway through the street, isn't it? Gamblin: No, I don't believe it is. My lot line does - the street, as far as I can see on my survey, the street does not go down my - through my property. Rossman: Okay. Gamblin: It just comes - abuts to it. Rossman: Yeah. You couldn't even dedicate that portion. Gamblin: I was just figuring we'd come in there, we'd improve the street, gutter and sidewalk down to the back of my property and put in a couple little driveways back there so we don't come in off of Cherry Lane and then clean up at least the first 300 feat of Leisure Lane. That's what we had in mind. Corrie: Okay. Thank you. 1.19 would have to be taken out of there - Bird: Mr. Mayor, can I ask him one question? Corrie: Yes. Bird: On the sewer and sidewalk stuff, that would come off of your property, right? You're not thinking about taking some of the Leisure road? Meridian City Council Meeting October 5, 1999 Page 33 Gamblin: No. (inaudible) Bird: (inaudible) I just wanted to clarify that. Gamblin: And I do know that that road actually does come right up to my property, so I figured that would be on mine. Bird: So you, indeed, would be willing to take out five, six feet of your property to do the sewer and gutter? Gamblin: Yes, we would. Bird: I mean sidewalk and gutter. Gamblin: I know what you mean. Bird: I'm not sure I do. Gamblin: Okay. Corrie: Any other questions? Bentley: I just have one. Corrie: Mr. Bentley. Bentley: Shari, does that meet with what you were trying to accomplish with that? Stiles: I think so as long as he's able to construct the roadway. (inaudible) have to construct the roadway on somebody else's property. So he's going to have to get permission for that unless he wants to include the entire roadway on his property which I don't think he wants to do. Gamblin: No. Bentley: My question of that, are we expecting to build half the road to the centerline? You see, he doesn't own that property. Stiles: So how does he access it and construct curb, gutter and sidewalk? Bentley: No. The curb, gutter and sidewalk he was going to take off of his property. He's willing to do that, but I don't see how we can tell him, "You go pay the entirG 30- foot width road," or whatever it is. How do you do that when he doesn't even own it? ( Meridian City Council Meeting October 5, 1999 Page 34 Stiles: Is it dirt now? Gamblin: No. It's paved. Stiles: Does that roadway, does the edge of the pavement go clear to your property line? Gamblin: That's my understanding, yes. Stiles: Okay. Gamblin: Up - well, approximately, yeah. I believe it approximately does. Stiles: If he could do the curb, gutter and sidewalk on his property and match the pavement to complete it so that people aren't - Gamblin: Yes. I don't think the residents at Leisure Lane would object to that. I'm not going to be encroaching on their existing road. Just bringing up a nice sidewalk to it and then matching the pavement to have it flow in. I don't think I'd get any objection to that. Bentley: My next question on top of that would be where do we get the grade from to make sure the sidewalk isn't below the road in a future setting if it does go public? Or do we just worry about that when it happens? Or do we just let them rip everything out at the end? Gamblin: Don't you kind of shoot from Cherry Lane? You kind of know where you want to be because of the sewer - or there's the sidewalk and gutter on Cherry Lane in front of my property. Wouldn't you kind of go from that level? Rossman: Mr. Mayor, Council members, I think that you could definitely look at the curb and the existing ground grade on the curb grade and elevation on Cherry Lane and the existing ground elevations adjacent to your property, Mr. Gamblin, and see if they would logically flow one way or the other; otherwise, any improvements you would make at this point would probably be throw-aways at some future time. Gamblin: Okay. Rossman: Because typically what we found in the past is to build a short section of curb, gutter and sidewalk that doesn't connect anything doesn't work out, and we've always had - I shouldn't say we - Council has taken the attitude that property owner would bond or at least agree to provide the improvements or pay for improvements at a future date. That would be part of an overall improvement where everything would ( Meridian City Council Meeting October 5, 1999 Page 35 work, but where you're on the corner, it may be that this will grade back into Cherry Lane, although, I think everything grades to the north. Gamblin: I - this may be irrelevant for the proceedings, but I don't plan on developing it for approximately five years. I just want to get the rezone done. So by that time, maybe Leisure Lane will - no? He's shaking his head no. That's too bad. Corrie: Shari. Stiles: Mr. Mayor and Council, if we could change that condition that the applicant shall construct curb, gutter and sidewalk adjacent to Leisure Lane and match the pavement, match existing pavements, and I think the rest of it as far as the cross-access is taken care of with Ada County Highway District's comment that they provide recorded Gross- access easements for access to the public streets and for use of the private road. So that would - I don't know what else - Gamblin: And we have that already. Bird: Agreeable. Corrie: Then we'd take out 1.19; is that correct, Shari? Stiles: To modify it to be construct curb, gutter and sidewalk adjacent to Leisure Lane and match pavement. Corrie: Okay. Thank you. Gamblin: Thank you. Corrie: Anyone else from the public like to issue testimony on Item No. 16? Ok~y. Hearing none, I'll entertain a motion then from Council to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item No. 16. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Thank you. Council. Bentley: Mr. Mayora ( Meridian City Council Meeting October 5, 1999 Page 36 Corrie: Mr. Bentley. Bentley: I move we adopt the recommendations and the Findings from Planning and Zoning with the changes on Page 3 at 1.9, last sentence to remove Certificate of Occupancy and add the words building permit. Then on Page 4, we change 1.19 to read: Applicant shall construct curb, gutter and sidewalk adjacent to Leisure Lane and match the pavement along his property. And that's all the changes I'd have. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the recommendation of the Planning and Zoning with the recommendation of the new additions of 1.9 on Page 3 and 1.19 change on Page 4. Okay, and to issue a new Findings of Facts and Conclusions of Law (inaudible). Bentley: Yes, with a (inaudible) review. Corrie: All right. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Motion is carried, so Mr. Attorney, if you'll have those drawn up fer us. Rossman: We will, Mr. Mayor. Corrie: Item No. 18 is a conditional - Bentley: Mr. Mayor, I move we take a ten-minute break. Bird: I second that. Corrie: All right. We'll take - be back here at 9:10. (Whereupon the meeting was in recess at 9:00 p.m.) 17. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: Corrie: All right. I'll reconvene the City Council at 9: 10. Let's start with Item '18. This is a continued public hearing. This is a request - okay, guys. Chief, thank you. We're in Item No. 18 now. Request for annexation and zoning of 4.34 acres - Stiles: Item 17. ( Meridian City Council Meeting October 5, 1999 Page 37 Bentley: Seventeen. We skipped 17. Corrie: Oh. I'm sorry (inaudible). Okay. I've got the wrong Findings of Facts in place here. Okay. Let's step back. It's Item No. 17, a continued public hearing: Request for conditional use permit for in-home daycare by Kathy Purcell located at 2241 East Clarene Street. At this time I will open the public hearing on Item 17. Staff, comments? Stiles: Mr. Mayor and Council, this is for a group childcare home in Dove Meadows Subdivision. Capital Christian Church is in this area here. Hickory Road off Fairview Avenue going back to Packard Estates. We ask that you - we would recommend approval with the conditions from the Planning and Zoning Commission, and we have had some response from some of the neighbors within the subdivision stating that their covenants do not allow this type of use; however, we have let them know that the City does not enforce their covenants and that they would need to seek legal counsel if they were to enforce those covenants against this. No signage is approved as part of the application, and they would need to provide the fencing and also get a Health and Welfare license for the childcare. Corrie: Okay. Thank you, Shari. Since this is a continued public hearing, is there anyone from the public that would like to issue testimony? Is the applicant here tonight? Yes, ma'am. Would you come up, please. Give your name and address, please. Purcell: I am Kathy Purcell and I'm at 2241 East Clarene Street. I'm just one inspection from my license, and the fence is already completed and up, so I'm in agreement with staff's comments and conditions. Corrie: Okay. All right. Questions, Council? Bird: I have none. Corrie: All right. Thank you. Anyone else in the public that would like to issue testimony on Item No. 17? Okay. Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Corrie: Is there a second? Anderson: Second. Corrie: Motion made and second to close the public hearing on Item No. 17. All those in favor say aye. Meridian City Council Meeting October 5, 1999 Page 38 MOTION CARRIED: ALL AYES Corrie: Comments or questions of staff? Bird: I have none. Anderson: I have none. Corrie: All right. I'll entertain a motion on the recommendation for a request for a conditional use permit. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass on the - have the attorneys Findings of Facts and Conclusions of Law for the conditional use permit for home care daycare of Kathy Purcell located at 2241 East Clarene Street with the conditions of the Planning and Zoning enforced. Corrie: Okay. Bentley: Second. Corrie: Motion made and seconded to have the attorneys draw up Findings of Facts and Conclusions of Law and based upon the conclusions and recommendations of the Planning and Zoning Commission. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I have a question. Is that motion then reflect favorable? Bird: Favorable. Yeah. Corrie: Thank you, Mr. Anderson. Any other questions or comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: ( Meridian City Council Meeting October 5, 1999 Page 39 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Corrie: Now we're going to 18. This is a continued public hearing, request for annexation and zoning of 4.34 acres R- T to C-G by Sonntag Eye Associates or assigns located at Lot 15 of Magic View Subdivision. Now I know why Tom is here. Okay. I'll open the public hearing. Mr. Bentley. Bentley: Would we want to open both public hearings? Corrie: Well, let's just do one at a time, we got annexation and then we can go to the conditional use permit. Or we can open both of them if you want. Okay. We can open them both since we're all - Bentley: We usually wind up with testimony going both ways. Corrie: I'll open the public hearing on both 18 and 19 (inaudible) Sonntag Eye Association. Number 18 is annexation and zoning and the 19 is a request for conditional use permit. So is your testimony on both of those that would be fine. Staff comments? Stiles: Mr. Mayor and Council, this is for the property on Allen Street that was discussed earlier. It's located south of Hubble Engineers' property, just west of the Holiday Inn Express and kitty-corner from the Eagle Road Professional Center. We'd ask that our comments be incorporated into your approval. We've asked for additional landscaping along what would be a frontage road, it's called Freeway Drive, I guess, tentatively, that would extend somewhere in this area. The site plan didn't show up very well. This is the site plan. They had proposed phasing some of the improvements, and we'd ask that if they phased the buildings that they include all of the landscaping and any of the associated parking and other on-site improvements, on- and off-site improvements prior to the occupancy of the initial phase. That's all I have. Corrie: Thank you, Shari. Any other staff comments? Thank you. This is a public hearing, and I'll invite the applicant or representative there to talk. Would you please state your name and address, please. Freeman: My name is Scott Freeman. I live at 3625 Barry Drive in Boise. Although I don't believe I have a copy of the latest Facts and Findings, I assume that they're substantially the same as those that I saw prior to the previous hearing. We agree with the Facts and Findings as far as I know. The question of phasing which came up, it was my understanding that we were going to be required to develop the perimeter [' Meridian City Council Meeting October 5, 1999 Page 40 landscaping and along the street and also the landscaping that would be adjacent to Phase I. We were planning on doing the rest of the landscape and curb improvements in the interior of the site later on during Phase II, and that would include the landscape which is associated with the Phase II and III portions of the building. This probably is a moot point; it's looking more and more like this entire project is going to be completed as one phase. I guess the only other thing that I need to address came up in an earlier item, and that's the development of the water and sewer lines on Allen Street. We are certainly not opposed to agreeing in a similar way to holding off on a building permit until those items are resolved. And from what I heard, what it sounds like, the City can go ahead and take ownership of those lines and testing will be happening in the ~lear future; am I correct? Or am I assuming too much? Corrie: That's a big assumption. We'll have Gary answer that one when you're through. Freeman: Okay. Unless there are questions of me, I don't think there's anything else that I need to say. Corrie: Gary. Smith: Mr. Mayor, Council members, as I understand, what Eric Rossman has said earlier is that we wouldn't have a problem in accepting the lines even though a lien has been filed. We would rely upon the contractor to come back and finish the job. Now whether or not he'll do that is in somebody else's hands. Freeman: And that is something, if I can address that, that is something that we and the other adjacent property owners are working on at this time. Smith: Thank you. Corrie: Okay. Thank you, Scott. Anyone else from the public like to issue testimony on these two items? Okay. Hearing none, I'll entertain a motion to - Stiles: Mr. Mayor. Corrie: Excuse me, Shari. Stiles: Excuse me. I noticed in the recommendations that they only went to 1.4. Staff would request that all of our comments dated in our memo of August 30, 1999 be incorporated into those findings. Corrie: Do the applicants have this - Bird: Mr. Mayor, does the applicants have this - Meridian City Council Meeting October 5, 1999 Page 41 Corrie: I don't think they do. Do you not? Bird: Of the August 30, 1999? Stiles: Yes. Bird: You don't have that? The staff comments? Freeman: We received staff comments prior to the P & Z hearing. If there have - I know there were going to be additional comments incorporated, but I haven't seen the final version. Bird: Have you seen these? The way you were talking, I didn't think you probably had. Corrie: I have a fax sheet that was sent over the 8/30/99. Did you get- Bird: You have not received this? What's this fax sheet then? I can't - I looked at that fax sheet. Was it - City of Meridian? Corrie: There's six sheets. Bird: -- Freeman. August 31st. Freeman: (inaudible) Bird: Your previous hearing had to be in, if it was before Planning and Zoning, had to be in August or July. It wasn't this month. Freeman: After the hearing, I have not received anything in addition to what I received before the hearing. It could be it happened, it just never crossed my desk. Bird: Okay. *** End of Tape 2 *** Bird: This cover letter shows that it was faxed to them on the 30th. Corrie: Johnson Architects - Bird: 1602 Johnson (inaudible) Scott Freeman, I believe that is, at Johnson Architects. Corrie: What do we want to do? Give him a copy and give him some time to do it? Meridian City Council Meeting October 5, 1999 Page 42 Bird: I'll give him mine. I have no problem giving mine. Corrie: Come back to this item? Would that be satisfactory to you? Or do you want to take - Freeman: No. It should only take me five minutes to review that. I expect it's what I've seen before for the most part. Corrie: Okay. Bird: Can we go to the next one? Corrie: Yeah. We'll just - we'll hold No. 18 and 19 and go to 20 while you're doing that. Then when you're ready, we'll take yours. Before we go to Item 21, have you had a chance to read that? Freeman: Yeah. 20. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item 20, continued public hearing: Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows. At this time I'll open the public and invite staff comments first. Stiles: Mr. Mayor and Council, this is for the property that's in between Sherbrooke Hollows Subdivision and Los Alamitos Subdivision. Their access would be through the Sherbrooke Hollows Subdivision or through the Los Alamitos. We're just doing the annexation and zoning now? Corrie: Yes. Stiles: Okay. Staff would recommend approval to an R-4 provided that the applicant enter into a development agreement incorporating all staff comments and the condition which would also incorporate the conditions of the preliminary plat which is to follow. That's all I have. Corrie: Okay. Is there anyone from the public that would like to issue testimony in the request for annexation and zoning, Item No. 20? (inaudible). ( ( Meridian City Council Meeting October 5, 1999 Page 43 Bocutt: Becky Bocutt, Briggs Engineering, 1800 West Overland, Boise. I'm representing the applicant in this matter. I'd like to combine my testimony for the annexation and the preliminary plat into one, so therefore, let the record reflect that. As Shari indicated, this is an infill parcel. That map is not complete because we've just recorded some phases of Sherbrooke Hollows, Sherbrooke II. There we go. Sherbrooke II and Sherbrooke III. Sherbrooke II is what you see along the canal on that east side and to the south is Sherbrooke No. III. Both those subdivisions or those phases are constructed and Sherbrooke III which connects into Victory also will be recorded within the next week or so. This project, like I said, is infill. It's sandwiched between two existing R-4 zones. The property's approximately 450 feet wide. It was not a real easy parcel to layout because of its abnormal shape where it's very long lengthwise, but very narrow widthwise. Our only point of ingress and egress are the two stub streets there you see in Los Alamitos and the one single stub street in Sherbrooke Hollows. Between those three streets, one could have access out to Locust Grove either through Los Alamitos and Time Zone or they can come through Sherbrooke Hollows and go out in Phase IV when it's constructed out to Locust Grove or they can come down and go south to Victory. There are two streets that go south that they can make connection to, so there's multiple points of ingress and egress. The density of our project is 2.5 dwellings per acre. Our lot sizes are consistent even a little bit larger than most of the lots that you see adjoining it in Los Alamitos and Sherbrooke Hollows- We are bounded by two waterways. This is the Ridenbaugh Canal here and this is ttle Nine-Mile drain. We've reviewed staffs comments. We are in agreement witt- all of staff's comments with the exception of site-specific requirement NO.5. Site-specific No. 5 stipulates that we dedicate a separate pedestrian lot for pedestrian access to Nine Mile drain right here in this location, and a pedestrian access right here to the Ridenbaugh. I did contact John Anderson at Nampa Meridian and asked him about his opinion on these two pathways. His answer was quite negative. "We definitely will not allow any pedestrian connection to the Ridenbaugh, period." Those were his exact words. We're still dealing with the issue that until the City and Nampa Meridian come to some type of an agreement on the liability issue or indemnify Nampa Meridian, until that time, they're not cooperating with us on making the linkages. Our opinion is the pedestrian pathways because this parcel is so small, it is so narrow, the linkages that we have out there presently would be adequate. I kind of made a little quick map for you guys to look at that shows you how all this stuff will link together. Here's the subject property here in black. This is the public street connection right here through Los Alamitos that will connect to Thousand Springs. This is the vehicular bridge here that we'll begin construction on as soon as water goes out of the ditch this fall. So t~~at will be able to be used for a vehicular access that would take you out to Eagle Rand or pedestrian access into Thousand Springs. Secondly, we've got vehicular access here and pedestrian access through the public street network and then there's an existing micropath in Sherbrooke Hollows at this location and at this location. Outside of the easement for the Ridenbaugh, we've got an area that is landscaped kind of in a natural red fescue, buffalo grass type that you can walk, and that's why I've got it dashed in blue. This is not a hard surface like a paved pathway, but it is a linkage between these Meridian City Council Meeting October 5, 1999 Page 44 two points. There's also a pedestrian pathway right here that will be constructed with Phase V, I believe it is, of Thousand Springs. To refresh your memory, this is the location of the pedestrian bridge that both Sherbrooke Hollows and Thousand Springs have trust funded for at the Highway District. That bridge has not been constructed, and Nampa Meridian says it will not until an agreement between the City and the District are completed. The linkage here, the drain, I'd like to address that. One, you see that we've got access here, and I would like to, before I jump to this one, we'd like to focus the pedestrian access in certain areas. We don't want multiple points of access along the Ridenbaugh Canal. It is a large water body. It does run very fast. If we can isolate and centralize some of our pedestrian access locations, like in this point here, then the safety factor will be a little bit better. On the Nine-Mile drain that we have on our west boundary, the problem I have with putting a pedestrian path is where are you going to? The drain begins, the big drain begins right at this point at our property. It - all of our frontage here is on the drain. But at this point, where you see it crosshatch in r~d, that's private property, not a part of this development. If I am to link here, then I would be promoting trespassing on an adjoining property that is totally unrelated to ours, nor has any easement for pedestrian access. And where are they going? There is a public street here, and there is a gate on the drain here and here. And that's what you see in blue. So really, I don't know if that - I can't see the benefit, I guess, that's what I'm telling you. I'm trying to weigh the benefit of putting one here and I can't see any. This here in pink is the Hunter Lateral that's been piped. There's fencing along both sides, now that's a nice pedestrian walkway, and it goes along through Los Alamitos in a diagonal northwesterly direction. There are, I believe, some gates along the right-of- way. Those are the type of areas that I would like to promote pedestrian usage and jogging, walking your dogs, et cetera. I just don't think that's necessary. It makes no sense, logical sense to me and then I had the issue of the safety factor here. Do you have any questions? Bird: I have none. Corrie: Hearing none, I don't think so, Becky. Okay. Thank you. Anyone else like to issue testimony on Item 20, the annexation and zoning? Stoppello: Mayor Corrie, members of the Council, my name is Frank Stoppello, 782 Arlington Drive, Eagle, Idaho. I'm the owner of the project. I would like my testimony to also be for both hearings. I have submitted a letter outlining my position September 17, 1999 to the City Attorney and to the members of the Council and the Mayor. Basically, I'll try not to cover what Becky has covered, but the ten-foot easement to the Nine Mile drain, my problem with that is it cuts off - maybe I could show with my diagranl. This Lot 1, little horn that sticks up on the left, that is an unbuildable lot. My plans, if it - yes, thank you. My plans are to sell that to the adjoining neighbors if a deal can be reached. If I can't sell it, it's going to go with Lot 3 just below it there. I'm sorry. Right there, and it will be sold with that lot. You cannot build on Lot 1, but it'll be part of that sale for that particular house. Anyone you talk to that is in marketing of these lots would tell you any ( ( Meridian City Council Meeting October 5, 1999 Page 45 at these right-at-ways running down between the lot are going to degrade the value at the lot. Not only will it cut off that Lot 1 on the Nine-Mile drain, it will degrade the lots that are going to be on the boundary of the right-of-way even if you move it to the south. I also would like to point out not only for that right-at-way, but for the other one, this will bring added traffic if there ever was a right-of-way, a person can park in the neighborhood, you can get out any time of the day and night and go up that right-of- way. I don't think anybody who has a home would like that going down the side 0f their home. The other right-of-way that is proposed by staff on the Ridenbaugh Canal is a 20-foot right-of-way. Now, the engineer has informed me if, in fact, the right-of-way going onto the Ridenbaugh Canal is requested, that 20-foot right-ot-way will remove one of the choice lots in that cul-de-sac. I have been told my marketing people that sell these subdivisions and lots that those lots right now, if it was built, would be $35- to $40,000 up on that end only. I will lose one of those lots. That is a taking. Again, a quiet cul-de-sac, the most valuable lots in the subdivision would be dramatically affected by a paved, fenced, 20-foot right-of-way between the lots. As to both right-of-ways, I have a problem with they are of no public benefit, whatsoever, other than my detriment, because Nampa Meridian will never allow you a walkway on the Ridenbaugh Canal. Now, I irrigate a crop of there. I don't know if you gentlemen are familiar with the flow on the Ridenbaugh Canal. It's either the second largest, third largest canal in the valley. I've seen 18-year-old, 20-year-old young men, strong looking, jump in that canal, and their friends had to pull them out with a rope. If you get caught in one of those dams that lifts the canal up there, you will not' survive. A small child could never survive falling into that. The walls are straight up and down, plus an elderly person could never survive it. Nampa Meridian will never allow any kind of agreement. And I thin~{ I have a little personal knowledge on that. I've represented the two ditch companies in the Star Middleton area, and the seven lateral companies in that area for, I can't rernem-ber if it's been ten years now, we have the same problem when we're representing those canal districts and development takes place. You simply cannot allow someone to use your own easement that's been granted to you by the adjoining landowners. You have no power to do so, and if you did, you'd have unbelievable liability. I think it's a wonderful thing to include a proposal or a policy in a Comprehensive Plan; Eagle has done the same thing when I was on the City Council. But that is not a force of law, something in your Comprehensive Plan. I also have, and Becky has already pointed out the accesses, I've got my little map that I submitted with my letter, it's the same as hers, a very short distance from this subdivision will be the bridge, the Three Bars Bridge that goes over the canal. There can be access there. The Hunter Lateral as I said in my letter is a - if you can ever have access, it's gated. It's a perfect access. It's just a short distance from here. If you want to get on the Nine Mile drain, and I don't know why anybody would want to get on it because it's gated all the way up to the ncrth, wrought-iron fence - I don't know what you'd want to get on there for. The pel feet place to get on is the stub street which is Short (inaudible) Avenue. If I may point ttlat out. If you want to get on the Nine - right there. There's where the street is. If you want to get on this drain, that's where you can get on. You don't even need to take a walk to do that. Again, you don't have a right to get on there. In fact, this one that's already paved ( Meridian City Council Meeting October 5, 1999 Page 46 and in Sherwood is fenced off. You cannot use that. You'll be trespassing~ Tt-rere's a no trespassing sign right on my property the canal company put on. So even if you - if I have to lose a lot or you lose the value of four lots in putting these rights-of-way in, they're going to be for no good whatsoever. Now, I hate to bring up the law, but my research of the two cases I've cited in my letter, one is the City of Tigard, right up here in Oregon, recently United States Supreme Court decision, and a Nolan v. California Coastal Commission. One involved a requirement that you had to put a bike path along a stream before you could get a building, the right to build, the other one was along an oceanfront. Both of the times the United States Supreme Court, not Oregon, not California, the United States Supreme Court said that that was requiring the owner to provide that to his; in other words, require as the City of Meridian has done is a violation of the taking clause of the United States Constitution, 5th Amendment, applied to the States through the 14th Amendment. I don't see any difference in requiring me to provide you with a $40,000 lot and degrade the value of the lots on the other side than exactly what are United States Supreme Court said was a taking without compensation. And I'm not here to be obstructionist, I'm not here to try to take advantage. My engineer told me that we had a right to over 34 lots) but she said, "If you want to make it nice, have larger lots, have a quality subdivision, we recommend 32." I did that. City didn't tell me to do that. I think it's going to be a quality subdivision. I'm respectfully asking that you approve this subdivision without requirement ot those two rights-ot-way being deeded to the City. Thank you, and I'd be glad to answer any questions. Corrie: Thank you. Questions? Bird: I have none. Corrie: Okay. Thank you, sir. Anyone else that would like to issue testimony? Sir. Riley: I'm Clint Riley. I'm President of Los Alamitos Subdivision. I live at 2076 East Three Bars. I don't see much problem with this subdivision except two major points or three as their entrance, their egress, and exit into the subdivision. Number one, they're imposing all their traffic through either Los Alamitos or Sherbrooke, and due to t:,e proximity of the subdivision, it's most likely going to go through Three Bars wh;ch brings me to my point. We, as a subdivision, have to assume a certain amount of liability in all of our common areas, so if anybody coming into the Tarawood Subdivision would happen to get in a wreck on our common areas, we're liable for that, if they so choose to push the issue. Which brings me to the question: Why should we have to increase our insurance policies for this gentleman to put in a subdivision? There hasn't been any consideration of that which is also going to slow down any type of fire, police, ambulance because they're going to have weave in all these little side streets. They should have to have some type of external access, their own access out to either Locust Grove or, well, that's really the only place to go with it. I wonder if they have approached Sherbrooke Hollows and discussed these problems with them. That's going to impose a lot of traffic on Easy Jet, Tagish Way and Three Bars at the ends, Meridian City Council Meeting October 5, 1999 Page 47 and Time Zone. So what's that going to do to property value? You start adding that many cars on average with two to three trips, I'm sure, a day from each lot, that's 90 trips a day extra on Time Zone and at the very least on East Easy Jet. So maybe some consideration should be given to that. Maybe if they're willing to go with us, actually paying for the extra insurance we have to cover every year, that might be a consideration. But I don't think we should have to front that, increase all of our Homeowners Association dues to cover that. That's alii have to say. Corrie: Thank you. Riley: Any questions from anybody on the - Corrie: Staff? Bird: I have none. Bentley: I have none. Thank you. Corrie: Staff, do you have any questions? Stiles: Mr. Mayor and Council, I just had comments about Mr. Stoppello's testimony. I believe the two cases he's cited, neither one of them included a request for annexation and zoning. It's typical, our ordinance requires pedestrian walkways in the middle of long blocks to provide interneighborhood access. He is exceeding block length requirements when you consider the adjacent subdivision. This will be over 1 ,OGO feet which would require variance. They're not stubbing to any adjacent property and providing a bridge over the Nine-Mile Creek which the City could logically require. This is an existing common area in Sherbrooke Hollows Subdivision. Staff would still request that there be an access to there. It is not a taking. It is a condition of a plat. It's a condition of annexation and zoning. If it were a taking, we would be restricting all viable and economical use of the property, and since he is requesting annexation and zoning, he is asking the City to increase his economic benefit. If we went and said we wanted a pathway through his alfalfa field, he may have a case, but he could continue to farm it for alfalfa and it would not be reducing his economic benefit that is existing today. I am aware of Nampa Meridian Irrigation District's problem with any pathways along the Ridenbaugh; however, with this existing pathway, we still ask, staff asks that this pathway be provided. We're not asking for a dedication to the City. It would be a pedestrian walkway owned and maintained by the Homeowners Association. As far as this pathway, this was an effort to not have the long block lengths and provide interneighborhood access, but there is still the argument that perhaps there should be a stub street to the adjacent property and that would simply be a condition of annaxation and zoning and platting and it is not a taking. I defer to legal counsel if he has some guidance on that. ( Meridian City Council Meeting October 5, 1999 Page 48 Corrie: Mr. Attorney. Rossman: Yeah. Mr. Mayor, I haven't had the opportunity to research this particular matter. I believe Mr. Rutherford has, and, certainly, if you have any questions of him, he can answer them hopefully. We did receive a letter from Mr. Stoppello indicating his concerns about a taking. I know Steve has looked at it and Bill has looked at it, neither one of them has expressed a concern that there is, in fact, a taking by that requirement. I know the general standard as whether or not something is a taking is whether the public benefit of the requirement is roughly proportional to the burden the development creates upon the public, the development itself creates upon the public. If there's a roughly proportional relationship between the two, it's certainly not a taking. I haven't read, personally, the two cases Mr. Stoppello has cited, but if Shari is correct that neither of them dealt with a request for annexation and zoning, then, obviously, there's a distinct factual difference between those cases and this. This type of thing is done quite often, and I don't know of a case directly on point relating to a request for annexation and zoning where they've held such a requirement to be a taking. If you have any - I don't know if Steve has anything further to offer. Corrie: Steve. Rutherford: Mayor, members of the Council, I think Eric hit it basically on the head. This Council would essentially need to make a finding that the burdens that this subdivision will place on the public are roughly proportional to what you're asking this gentleman to give up by way of pedestrian paths. In addition, I think Shari's point is well taken that at this point, really not denying him any economic viability, economic gain here on this land, this is a request for annexation and zoning, and at this point he has the option to say, "No thanks. I'm going to do something else." But at this point, my analysis would - and I have looked at this because we're going to be dealing with this on another matter here coming up, would be that this is not a viable (inaudible) cond ition. Corrie: Thank you. Does anyone else from the public like to issue testimony? De Mea: Good evening. Thank you. My name is Michael De Meo. My addresR is 1986 East Easy Jet Street which is in the Los Alamitos Subdivision. I did hav~ two items, and I hope one of them is resolved. At the Planning and Zoning meeting, there was a major discussion, a lengthy discussion regarding that Lot 1 Block 1. That little piece that jets off to the left. I would hope that, like Mr. Stoppello said that it's either sold to the adjoining property owners or sold as part of Lot 3 and not be an island unto itself with really no value. Item 2, the irrigation system, the pump station that is in Los Alamitos serves Los Alamitos, Sher - I'm sorry, Raven Hill, and Salmon Rapids Subdivisions. According to the Nampa Meridian Water District, that system is at capacity. And they said that they had advised Briggs Engineering that the new subdivision should not be included on that, that it should come off of either Sherbrooke's ( Meridian City Council Meeting October 5, 1999 Page 49 system or Thousand Springs, and I would just like to know the status of that because, obviously, any of the people that live in those subdivisions, there is a problem with water pressure there, and we don't - the thing can't handle anything else, so I would like to know how that's going to be taken care of. Thank you. Corrie: Anyone else? Yes, sir. Jarvis: My name is Scott Jarvis. I live at 2048 East Three Bars Drive in Los Alamitos Subdivision. Like my neighbors had mentioned, I have some serious concerns of the way this proposed subdivision is lined out. To have the primary entrance is basically going to be coming through our subdivision. It's - the other practical way to get ~n through Victory, through Sherbrooke Hollows isn't - most people aren't going to take that because it involves too many turns. I'm really concerned about what the traffic's going to do, the fact that we're going to be sharing - we're going to be taking the brunt of all of the traffic for this new subdivision, and they basically get to exist as an island without taking any of the responsibility for the traffic that's being generated. Not to mention during construction all the mud, the dirt, the debris, this will probably be taking place in winter when everything's nice and muddy. We're very concerned with that. And just like to ask City Council to take that into consideration as you take a look at this proposal that's in front of you. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Yes, sir. Suttor: My name is Mike Suttor, 2620 South Locust Grove. I've got a question involving, I guess, Planning and Zoning. The walkway or what do you have proposed for Lot No. 3 and Block 1? The pedestrian pathway? Is it 1 0 feet? And where does it go? There's a ditch, there's no bridge; I don't even see a reason to have a pathviJay to nothing. I'm just curious where it goes. Stiles: -- feet is the pedestrian walkway. That's what our ordinance requires. We're still proposing that someday we will have a pathway along Nine Mile where it's fenced off on both sides. There is - this is all open. Suttor: Where you have your arrow right there, it's closed off on both sides of the road. Stiles: By a gate. Suttor: Yes. And then it's an actual wooden fence at the Lot NO.1. Stiles: A wooden fence covering this? Suttor: A wooden fence right across here which divides Los Alamitos from these homeowners, it comes down and runs along this (inaudible - walked away from the microphone) place it will open up will be here and here. So I'm just curious wrat benefit ( ( Meridian City Council Meeting October 5, 1999 Page 50 a ten-foot easement to nothing. This will be fenced off per the development what I've been told. You can't get through this fence (inaudible) gated here, but it's all sealed off and no traffic, nobody walks in it, there's no activity, no dogs. I'm just kind of curious what kind (inaudible). Stiles: This would be subject to negotiation with Nampa Meridian. We have baen working with them. This is, I believe, the drainage lot in Los Alamitos which could be opened up at some point. When this property develops, I don't know if this is separate parcel, what that is. Suttor: This is a separate parcel? (inaudible) Stiles: This parcel when it was - when this property develops, this parcel will be included as a common lot that could connect with this other common lot that's being developed as part of this subdivision. As far as this, I don't know what the topography is out there. I don't know why it split off. Looks like another example of illegal lot splits out there. Suttor: (inaudible) it doesn't go anywhere. It doesn't seem to serve a purpose. (inaudible) comment (inaudible). Corrie: Okay. Anybody else like to issue testimony? Hearing none, I guess, l:3ecky, you'd have the last answer to some of the questions. Bocutt: Yes. I'd like to respond to a few of these. I think Mr. Stoppello would like to make one last comment. The traffic impact: the stub streets that were provided by Los Alamitos Development and the Sherbrooke Hollows Development were incorporated for a purpose, and the purpose was to serve this property, and that's quite obvious. When traffic studies were done on Los Alamitos and Sherbrooke Hollows, those traffic studies took into consideration the maximum density which was probably, you know, they would look at say four units or 3.5 units per acre that could possibly be generated by this enclave and that traffic, where it would go based on the interstate, the interchange, et cetera. This project does not put these streets over their local designation which is what all these streets are. Contrary to the Los Alamitos residents' belief, not all traffic will go in one direction. We do see traffic, I've read both of the traffic studies. It does split in two directions depending on where people work. If somebody wants to go up to say the interchange at Eagle Road, they'll most likely get out to Victory. They'll want to go south. People don1t like to have to backtrack, and that's typical. You may find some that will wind their way out to the vehicular bridge across the Ridenbaugh and go out Thousand Springs in that direction. This property has probably the most points of ingress and egress that I've ever seen on an isolated parcel. As far as the issue of the liability, if people are driving through there and there's an accident on the public street, I don't know how that's related to the Homeowners Association and their private lots. If they had some large private park that they were concerned about the liability of children (- (- Meridian City Council Meeting October 5, 1999 Page 51 coming from this development, that'd be different. But that is not the case. i worked on the last phase of Los Alamitos, I'm not aware of any playground or park in that project. Nor is there one within Sherbrooke. There's one pocket park, though. Lot 1 Block 1, it's a very strange parcel. It was created for access to this property. This property had only an easement for agricultural use off of Locust Grove through Mr. Suttor's property. That's my understanding, and that little leg that you see there, that Lot 1 Block 1, somehow that was incorporated as part of access for this property. I don't know where it originated. If it came off of Mr. Suttor's property, it would not have been an illegal split under the County Ordinance because the County Ordinance at that time looked at what they called natural barriers such as drains and canals, so it was never considered contiguous with the properties on the west anyway. We have plans for that Lot 1 Block 1. The main concern by the P & Z was we don't want to see a weed patch. We want to make sure it has a use. The optimum use for the property - for Lot 1 Block 1 is that it be conveyed to one of the adjoining properties. There are three lots, there in Lr,iS Alamitos. Those residents have called me, called Mr. Stoppello, they would like to incorporate that as part of their lots for their uses for gardens, et cetera, just to lengthen their rear yard. Mr. Suttor, I believe, has, or one of his other neighbors, has expressed some interest in it. So we have three options: It can go to the east or to the west or it can be incorporated as part of Lot 3. But we will not leave it as an isolated parcel and a weed patch totally unusable. The pressure irrigation, we have not determined exactly what route we're going to take. The closest pump station to us is the Thousand Springs/Sherbrooke Hollows regional pump station located at the northeast corner of Sherbrooke Hollows along the Ridenbaugh Canal. If that system is deemed to have capacity by Nampa Meridian who now owns and operates that system, then that would probably be the most likely point of access for pressure irrigation. The neighbors have concerns, they said that in Los Alamitos they don't have adequate pressure. I don't know what the problem is. I have not discussed if Nampa Meridian's working on that or not. We have seen some subdivisions when they reach a point of build out, mine, for a prime example, we had to go on a rotation system where each resident, depending on their odd or even house number had a determined date for irrigation. That's one solution to their problem. I did some checking with the engineers on the amount of capacity~ I don't believe Los Alamitos has the capacity to handle this development. think it is, as the residents testified, at capacity. So our alternative would be the regional pump station for Thousand Springs or Sherbrooke or our own independent pump station. And two other things I'd just like to address. Lastly, the issue of block length. Shari brought up the fact that the block length when you consider the adjoining development, that puts us over the 1 ,000 feet. I don't think the intent of the ordinance was to count another subdivision's block length and tack my length onto it. This project, I mean, it's so small, it's so isolated, it's restricted by all these stub streets by the water ways, and I just don't think that was the intent of the ordinance, and I don't think that should be even taken into consideration. Stub street to Mr. Shipley's property, there is a stub street in Sherbrooke Hollows as you can see right there, and that stub street would be continuing up through those parcels and make secondary connections with those undeveloped parcels that front out to Locust Grove~ They also have Locust (' ( Meridian City Council Meeting October 5, 1999 Page 52 Grove frontage. So what I envision is probably another public street access out to Locust Grove, a connection there to the Sherbrooke stub street you see on the far west side at the corner there, and then that would give vehicular linkage to this whole area and then with the vehicular bridge at Ridenbaugh, that ties in the whole center section. So this is a very well connected section. It has all developed in a relatively short number of years, and everything seems to be fitting together as far as pedestrian access and vehicular access. And please, like I said before, take consideration the size of this project. We have existing ped paths, you're only asking people to walk a few hundred feet, sometimes 500 feet to get over to some of these existing pedes.trian paths, and that's not a long ways. We don't want multiple points of access along these canals. I just - I have kids, and I don't think that's right. And if there's a ped path, if there's a pedestrian path there, then it's got to be open, and if the little two-year-old goes running up the pedestrian path and gets out somebody's front yard, we're going to have some tragedies, and that really worries me. Thanks. Stoppello: Mayor, members of the Council, I'll be real brief on just a number of points that were touched on. The ingress and egress, that was all done by Ada County. When Los Alamitos was going to be approved and then Sherwood was following thereafter, Ada County got involved and said we want access to my land. So they asked me to do a sketch, Briggs Engineering did a sketch of 36 lots, basically this subdivision, and Ada County lined up the southern ingress and egress and the two northern ones by their own hand. And as it has been pointed out, there are now going to be, if I may approach - Corrie: Frank, if you could use this microphone here. You can take it off the stand if you like. Stoppello: There's going to be, as I understand it, five accesses. There's going to be the bridge over to Thousand Springs. There's the access through Los Alamitos, there's the access through here on Locust Grove, there's already one here and one here coming down onto Victory. So there's five of them, and Ada County is the one who planned that. No one else. In fact, orginally, Ada County wanted to have two accesses to the south and then called me up and said, "Nope. We only want one." The one that goes into Sherwood. Their studies, all three developers did exactly what they were told to do. I didn't dream up those northern and southern ingress and egress routes. As to the law in this matter, I really don't think the Supreme Court said you have an exception when you have annexation. If, in fact, it's taking without compensation, which this truly is in a small subdivision like this. People can volunteer to do that if they have a large subidivison. That's fine. I just feel that I'm right on this and they're, number one, if you even stay away from the law, which I know we don't like to get into a lot, but it'a a stairway to nowhere. You simply cannot get an access onto that Ridenbaugh Canal. You can't. You never will. I don't care how many meetings you have with them. Number one, I don't know if they can grant an access. They are an easement holder; in other words, adjoining farmers on that canal came through granted them the access. ( Meridian City Council Meeting October 5, 1999 Page 53 You're going to have to get permission from every farmer on that canal if you're ever going to get an access. Not Nampa Meridian. Nampa Meridian will never givfj it to you. And again, both of them are accessed, as Mr. Suttor said on this side, they're an access to nowhere. And as I pointed out, I didn't even know about one, in my letter, there's an access, a potential access, a few short blocks away where the new bridge is going to be. There's the Hunter Canal which is one, two houses away on the canal that's already there. A perfect access. There is also this paved access that Sherwood voluntarily put in, but it is gated. You cannot go through there to get to the canal, and Becky told me tonight, and I think she must have also presented it, Sherwood has an additional access onto that canal. And as I pointed out in my letter, if you truly want to get onto a drainage ditch, the Nine Mile, all you have to do is get on right where the southern road is, Three Bars - Short (inaudible) Avenue, I believe it is. So there are accesses to nowhere. They do the public no good, they have no future chance in my opinion of ever being activated, and if they are, there's plenty of access within a short distance, and I'm required to pay that, and I respectfully believe that the situation is a taking. Thank you. Corrie: Thank you. I suppose (inaudible) take that - argue that case in court. Okay. Unidentified: Mr. Mayor, may I say one more thing on this? Corrie: No. You've had your chance. The last one who gets a chance is them. They get to answer the questions that you asked. Sorry. Unidentified: Can I just say one thing? Corrie: No. Okay. Counsel, at this point, I will - you can have a chance here because we have 20 that's going to come up again, so if you want to talk, you can at that point. I'm not trying to cut you off, but 20 is coming up and you can talk to - Council, I'll entertain a motion to close the public hearing on Item No. 19, or 20, so - Anderson: So moved. Bird: Second. Corrie: Motion is made and seconded that we close the public hearing on Item No. 20. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Request for annexation, Council, discussion? Okay. If no discussion, I'll entertain a motion on the annexation and zoning request. If the findings on -- Bird: Findings of Facts and Conclusions of Law. ( Meridian City Council Meeting October 5, 1999 Page 54 Corrie: Findings of Facts and Conclusions of Law- *** End of Tape 3 *** Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I had a question for Shari. Corrie: Okay. Bird: I have a heartache on this pedestrian pathway that dumps right on the Ridenbaugh Canal. Do we, as a City, accept liability by dumping it out on the canal? Stiles: The City hasn't entered into an agreement yet to take that responsibility, no. Bird: And I hope we never do. If we do, we need our heads examined. Okay. That's all. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a point of discussion. I don't - seems logical to me that we should have required a stub street going out to the west more than a pedestrian pathway that will allow a quicker access in and out of that and not burden the other streets so Illuch, but I guess that's not what the recommendation is. I don't know what it would take for us to put that in, but I'd rather see something like that than I would a pedestrian path\Nay there. Corrie: You could request ACHD to look into it. You can't request the street to be put in without their approval, but you could request it. That'd be the case, you'd have to do a new plat. Bird: (inaudible) Corrie: But right now we're looking at the annexation and zoning. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting October 5, 1999 Page 55 Bird: There's no more discussion, I move that we approve the annexation and zoning of 12.801 acres for Tarawood Subdivision, Michelangelo Investments, LLC and for tne attorney to draw up the Findings of Facts and Conclusions of Law showing SUC,l. I don't know whether this is proper or not, but I, in the preliminary plat site-specific requirements, I am for erasing No.5. I don't want to take responsibility. Corrie: Is that part of the motion that you'd like five removed? Bird: Yes. And I hope that it will show on the Facts and Conclusions of Law. Corrie: It will if that's your motion. Bird: That's my motion. Corrie: Is there a second to that? Anderson: May I ask for a clarification? You want to eliminate the whole thing or just one of the pedestrian pathways or - Bird: Just Lots 7 and 8 Block 3. The one that dumps out onto the Ridenbaugh. Anderson: I'll second it. Corrie: Okay. Motion is made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law on the annexation and zoning with the recommendation to set the requirements with the exception of Item NO.5 in Lot 7 and 8, Block 3 verbiage to be taken out in the 20-foot wide pedestrian pathway. Any further comments? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Before we go to Item 21, have you had a chance to read that? Scott, if you want to - let's go back and pick up 18 and 19 and then we'll come back to 20. 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AN~ ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOC~ATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CITY 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: Meridian City Council Meeting October 5, 1999 Page 56 Freeman: I think I can make this really brief. There are a couple of items on here that were discussed during the P & Z hearing, and I did not see any additional comments that addressed them as we discussed them. Item No.3 which has to do with the sanitary sewer service. We had demonstrated during the P & Z hearing that due to topography, a lift station was, in fact, necessary; however, we did agree to stub out a sewer line from our building southward so, in the event in the future a sewer main was brought up to future Freeway Drive on the south side of our property, we could then use that for our sewer and eliminate the lift station. One other comment has to do with Item No. 7 which is requires 35-foot landscaping buffer along future Freeway Drive. That also relates to the recommendation to City Council, Page 5, Item 1.4 in the recommendations which says that we will negotiate with the City of Meridian for a certain width along future Freeway Drive. What we had agreed to, I believe, in our discussions at the P & Z hearing was that we would provide - I need this back, don't I - we would provide a minimum 19-foot wide landscape strip along future Freeway Drive. I didn't see that specifically addressed in these comments. And that's all. Corrie: Okay. What was the first one, sir? Freeman: The first one had to do with the sewer line. They were asking that we look further into a gravity-feed sewer line to the street. We had demonstrated during that hearing that that was not possible at this time because of the topography of the site. Corrie: Okay. Staff comments? Stiles: I wasn't clear on the 19-foot - was that going to be south of Freeway Drive or north of Freeway Drive? Freeman: That's north of Freeway Drive along our property. Stiles: So where this existing landscape is here, that would be increased to 19 feet? Freeman: Correct. I had submitted a revised site plan at the time of the last hearing that had taken that corner access out per ACHD's recommendations and added landscape buffer to that south side. That was going to be included, I believe, in the recommendations, but I see that the original site plan is attached here right now. Stiles: I don't have a copy of a revised site plan in my file. Does anybody up there have one? Freeman: I had distributed one to all of the members of the P & Z Council. No? Bentley: We're not (inaudible) P & z. Meridian City Council Meeting October 5, 1999 Page 57 Rossman: Mr. Mayor, I would assume that if it was passed out at the P & Z hearing that it would have been made a part of the record, so there should be some indication in the Clerk's record of a revised site plan. Freeman: I could attempt to describe those changes. It's relatively simple on the map on the screen if that helps. Corrie: Shari, is that going to help you if he does that, or will we still need that revised plan? We don't have it. Do you have it? Stiles: I would like to have a plan to know what we're approving when we see a site plan come in. Corrie: Is that it, Will? Is that the one? Freeman: That appears to be it. You'll know if the elimination of the access on the corner there between Allen Street and future Freeway Drive and also the increased landscape width. And what we had discussed, and what was going to become, according to my understanding, part of the recommendations was that we provide minimum 19 feet along future Freeway Drive. (inaudible discussion) Corrie: We better send it over and let Shari look at it. Bentley: Shari - show her that. Bird: We got it. Isn't it on the back of that packet? Bentley: It's on the back page. Nineteen. Bird: I knew I'd seen that when I seen it. Bentley: Dated August (inaudible). Bird: Don't I have it on mine? Corrie: August 31 st date - Stiles: Has a scaled copy been provided to anybody? That's not scaled. Bird: It's on our conditional use, yeah. Corrie: But it's not to scale. Meridian City Council Meeting October 5, 1999 Page 58 Bird: Is it to scale? Freeman: It is drawn to scale, but it is not copied to scale, no. But I can provide that. It's at the office. I just need to turn it in. Corrie: Would that suffice or do you still want to hold it? Stiles: Steve has told me that the 19-foot requirement was placed on the project after that site plan was submitted, so we haven't seen a revised site plan that shows that. I would like to see one that we can put a scale to and make sure that the driveways meet ordinance requirements and the parking stalls meet ordinance requirements after that 19-foot is taken out. It's pretty tight the way it is right now, so I don't know - Freeman: Well, we discovered that we actually - supposedly ACHD is going to take the right-of-way off of the center line of what the paved portion of future Freeway Drrve is. We discovered that we actually had more land on our property than we originally had thought. So we were able to provide 19 more feet along the south side. Stiles: If they can meet all the conditions of approval, I don't have a particular problem. I would like them to submit a plan so we can guarantee that. Freeman: Yeah. It's not a problem. Corrie: All right. Council, do you have any questions? Bird: I have none. Rossman: Councilman Bird, would you like your copy back? Bird: Yeah. 1'(1 take that back. Thank you. Corrie: Thanks, Scott. Bird: Do we have to close the public hearing? Corrie: Yeah. I was just looking at what's up there. Okay. I'll close the public hearing on Item 18 and 19, they were taken together, with the recommendation of the Council vote. Bentley: So moved. Bird: Second. Meridian City Council Meeting October 5, 1999 Page 59 Corrie: Okay. The motion was made and seconded that we close the public hearing on No. 18 and 19. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Okay. All ayes. Let's take them one at a time. The request for annexation and zoning. Any discussion on that? Bird: I have none. Bentley: I have none. Corrie: Okay. I'll entertain a motion for the Findings of Fact and Conclusions to be drawn up for that one. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we pass the annexation and zoning of 4.34 acres by Sonntag Eye Associates or assigns located at Lot 15 in Magic View Subdivision for the attorneys to draw up the Findings of Fact and Conclusions of Law and Decision and Order in favor with the applicant to get a scaled site drawing to the Planning and Zoning director within a couple of days. Bentley: Second. Corrie: Okay. Motion is made on Item No. 18 to have the attorney draw up the Findings of Fact and Conclusions of Law with approval, the opinion, and to have Scott bring the Planning and Zoning director the scaled map of the 4.34 acres. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All ayes. Motion carried. Okay. Item No. 19, the request for the conditional use permit. Any discussion. Bird: I have none. Bentley: I have none. Corrie: Okay. I'll entertain a motion on the conditional use permit. Meridian City Council Meeting October 5, 1999 Page 60 Bentley: Are we going to need to hold this until the annexation? Corrie: Yeah, we do. We can't (inaudible) to do it either way. We should get the - Bird: We can (inaudible) the Findings of Facts. Mr. Mayor, I move that we - in favor of the conditional use permit for 60,000 square foot medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns located at Lot 15 in rv1agic View Subdivision and the attorney draw up in favor Findings of Fact and Conclusions of Law and Decision and Order showing such. Bentley: Second. Corrie: Motion made and second to approve the request for conditional use permit and have the attorney draw up the proper form on the CUP. Any further discussion? Hearing that, all those in favor say aye. MOTION CARRIED: ALL AYES 21. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Now we'll drop down to Item 20. This is a continued public hearing: Request for annexation - I'm sorry. Twenty-one, continued public hearing: Request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. We've had a request that the testimony that was issued on Item 20 would be incorporated in 21 by Mrs. Bocutt and Mr. Stoppello. Is there anyone else from the public that would like to issue testimony in this case? If you want to, you can now. Riley: Again, just one more time, gentlemen. I implore you to notice that Briggs Engineering's contradiction saying they do have plenty of access. Well, that is true. They do have five accesses into the property, but they're all through other subdivisions. They're still - they're assuming that we want all the traffic either coming through, out into Time Zone, down Bayou Bar and out through Raven Hill which is going to affect another one, going out through - up through Los Alamitos again down Three Bars over the new Eagle bridge and out to Eagle. All their accesses, I don't know this Ada County Highway District study, I don't know - it only makes sense if people work out in Nampa. They're still going to come through Los Alamitos. If they work in Micron, they're still going to come through Los Alamitos. If they have to come through, back through Sherwood and out and then down, that's not a legitimate way to go. Ifs going to be much faster to go through Los Alamitos, get on Locust Grove and down Overland. And as soon as the - or out to the Meridian onramp onto the freeway. So they're putting a (r j Meridian City Council Meeting October 5, 1999 Page 61 lot of burden on our subdivision, especially on East Party Jet. That's not - they haven't given that enough consideration there. You know, it looks good on paper. You guys come out there and try to live in our subdivision when you have that much increased traffic. And then to contradict you, I wasn't talking that Los Alamitos has any parks. That's not my concern. We do not have any as a subdivision, but right here we do have a huge common area, and so all entrance and exit through our subdivision has to come through that, and that's where our liability comes. So any accidents that fall on there, I'm not worried about the individual homeowner. Everybody should have their insurance up to date, but out there, that's where we're liable. Right now we only have $1 ,000,000 of insurance. That won't cover anything. You know, lawsuits today easily are in excess of $1,000,000, so now we're going to have to take out an umbrellc-, policy to cover that. That's alii have to say. Corrie: Thank you. Anyone else that has any new testimony that hasn't been heard on Item 20? Any comments that you had? I'll entertain a motion to close the hearing on Item 21. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Any further discussion, Council? Okay. I'll entertain a motion or. the request for preliminary plat for Tarawood Subdivision by Michelangelo Investrr.ents, Item 21. Before I do that, Gary, you had a letter - I'm sorry. That's another -~ that's a different subdivision. Sorry. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: We've still got on 1.27, this is really direct, provide a 20-foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. I mean, it's stating whether it goes right out to the Ridenbaugh Canal. I'm still not in favor of that. Corrie: Well, make your motion and strike it. Bird: You ready? Corrie: Mr. Bird, you have the floor. Meridian City Council Meeting October 51 1999 Page 62 Bird: You want me to go? Mr. Mayor, I move that the City of Meridian pass the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows with the Planning and Zoning's recommendations except for 1.27, delete that completely and for the attorney's Findings of Facts and Conclusions of Law and Decision and Order. Corrie: Motion has been made by Mr. Bird. Is there a second to the motion? Bentley: Second. Corrie: Okay. Motion is made and seconded to request the preliminary plat for Tarawood Subdivision to be approved with recommendation of Planning and Zoning with the deletion of 1.27 in the recommendation. Further discussion? Hearing none, come up with a question, all those in favor of the motion say aye. Bird: Aye. Corrie: Opposed, no. Anderson: No. Corrie: I didn't hear yours. Bentley: I'm debating. Corrie: I've got one and one. Can't get rid of the tie this way. Bentley: No. Corrie: Okay. We have two no, one aye. Motion is defeated. MOTION DEFEATED: ONE TO TWO Corrie: (inaudible) so we have to have another motion for either - I guess you can't. You defeated the motion. Okay. Bird: It's done. Corrie: It's done. I'm sorry. We annexed it but didn't approve the preliminary plat. (inaudible) done here tonight? Have you followed that? I'm sure you did, but - okay. Thank you. Meridian City Council Meeting October 5, 1999 Page 63 Corrie: Item 22 was tabled from 9/21/99: Request for final plat for Vienna Woods Subdivision No.1 by Skyline Development Company, 5400 North Locust Grove Road. Gary, I think you had a letter here. Would you kind of let us - what you had there. Bird: Mr. Mayor. Corrie: Gary's - yes. Just a minute. Gary. Smith: Mr. Mayor, Council members, I put together a response to the comments that the applicant had made in regards to our original staff review comments, and I tried to answer the applicant's concerns to those specific, and there was one general requirement comment that the applicant had. This memorandum that I submitted to you and each Council member and City Attorney today is dated October the 4th, and it concerns both No. 1 and No.2 final plats. If you'd like, I'll just review these comments unless you have some questions or concerns about what I have written. Corrie: Okay. Just a minute, Gary. Rossman: Mr. Mayor, sorry, Gary. I apologize for being so slow. I was a little slow in catching what happened on Item No. 21. I don't know if you want to revisit it after we deal with 22. My recollection is there was a motion to approve that was defeated. We probably better have a motion to deny it. Corrie: Yes. You're correct. I was - we were sitting here talking about that, so I will entertain a motion to that affect, yes. Bentley: We'll do that now? Corrie: Yes. Let's do that now. I'm sorry. We'll hold Item 22 - Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we deny the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments. Anderson: I'll second it. Corrie: Motion was made and seconded to deny the request for a preliminary plat for Tarawood Subdivision. Any further discussion? (~. ( Meridian City Council Meeting October 5, 1999 Page 64 Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I think it'd be helpful for the applicant if we did kind of discuss what we didn't like about it so - that first step. I guess one of the things I didn't like was the access, again, not having stub streets out to possibly Locust Grove or something like that. The unresolved irrigation system, and then also reading through the packet that w& have here, the school district says that they're at maximum with the school districts that are served by this subdivision now, and we just continue to keep adding to that burden. The more these - the more that we annex. And then the fact that - I would like to see the pedestrian pathways at least put in to the one canal on the east side there, and that was also reflected in the motion. Those were my concerns with it. Corrie: Other comments, concerns? So we give some guidance here? Bird: I voted for it. Corrie: Any other comments for the - Becky, I'm going to give you a chance - Bocutt: I just have a question. Corrie: -- here. Okay. I follow you. Bocutt: This is one of those strange nights. Corrie: You're telling me. Bocutt: A bridge over the Five Mile Creek, ACHD on where we put bridge locations is dictated, obviously, by traffic volume, not by convenience. Secondly, I had to fight tooth-and-nail with the EPA, Army Corp of Engineers, any piping on that Five Mile Creek, they want it open for birds, vegetation, et cetera~ If I go in there and try - they told me don't come back in this area and ask to pipe any section of the Five Mile. Corrie: Nine Mile~ Bocutt: Nine Mile. Excuse me. So, I mean, I am just - this is a strange little parcel that I just don't have options. And we're 32 lots. I mean, I guess to deny this and m:.ke Mr. Stoppello start over makes no sense to me. If they are design issues, then I think it should be deferred for discussion. That's my opinion. We spent money, we spent a lot of time. I can't make - I can't put a bridge there if I can't get a permit to do so from EPA or Army Corp, and Highway District says that's senseless. I can't. I can't comply. Bentley: Mr. Mayor. ( ( Meridian City Council Meeting October 5, 1999 Page 65 Corrie: Mr. Bentley. Bentley: I wish we could have had that in the open testimony. Now that the folks have gotten up and left- Bocutt: Well, I don't - Bentley: We have a real problem now with doing anything without, you know, rescheduling another public hearing. Bocutt: Then I guess my recommendation would be I would like you to defer the Item - Bentley: Well, we can't defer it. Bocutt: -- and re-notice it. I guess we would pay to re-notice it to - Corrie: Well, we'd have to do a reconsideration; is that correct? Bocutt: I understand that. Bentley: I would agree, yes. Bocutt: I didn't address that because I didn't believe that was one of the big concerns. Bentley: Well- Bird: But you did address it. You addressed that the stub out roads was strictly done by the Ada County Highway District. Bocutt: Yes, sir, but as far as the bridge and our EPA, Army Corp year-long batt~e- Bird: Well, that would have been in there if Ada County Highway District would ask it to be in there. Corrie: And I had heard Shari mention the possibility of a stub street, and then I didn't hear any comment from you on the Army Corp (inaudible). Bocutt: Well, I mentioned the stub street is the connection there out of Sherbrooke for Mr. Shipley, Mr. Suttor, those parcels. That's where they're secondary means of connection. That's the importance of the connections here is emergency vehicles, school buses, fire department; those are our primary concerns, and then the issue of volumes. Those are concerns, too. But all of these streets have been evaluated considering this property would develop at its highest density which it is not. / Meridian City Council Meeting October 5, 1999 Page 66 Bentley: Well, one other point, one of the people that spoke in the audience though, did mention stubbing to the west, and there was no response about the - with the problems with the water company on that, so - Bocutt: Well, I apologize, sir. I didn't hear that comment. That's not one that I wrote down on the stubbing to the west. I apologize. Corrie: Well, they can have a reconsideration of Item 20 - Bird: I've got a question now. Corrie: -- (inaudible) and do a reconsideration on that and have the other public come in and be privy to what the information that's come in tonight. They've left. Bird: Got a motion (inaudible) denial. Corrie: We have a motion that - on the floor. Anderson: So if we're going to re-notice it (inaudible) then to withdraw this motion? Corrie: You can withdraw the motion and we can't- Bird: No, we can't. Corrie: We can't. We have to continue this motion. Bird: You already beat the other one down. Corrie: Give me the motion. Who made the motion? Bentley: I did. Motion was to deny. Corrie: Deny. All right. Bentley: And what we're doing with that motion is completing what we started. Bird: With the first motion. Bentley: We left out a step. So we have to complete this motion and then we cen (inaud ible) for revisitation. Corrie: Okay. (inaudible) has been called for the motion. All those in favor of the motion say aye. Meridian City Council Meeting October 5, 1999 Page 67 MOTION CARRIED: TWO TO ONE. Corrie: Okay. Now we need to reconsideration - they have to make that application, do they? Bird: They have to make the application. Rossman: Shari, what is the procedure for reconsideration of City Council action? Stiles: We don't have one. Rossman: There's not an ordinance in place? Stiles: No. Corrie: Well, we just had a reconsideration on something here not too long ago, so all the applicant can do is send a letter they want us to reconsider and then we schedule it? The Mayor schedules it? Bird: (inaudible) Corrie: And we notice it? Stiles: Bill Gigray had proposed a reconsideration, but Gary and I were both very opposed to that what he had come up with because it opens it up to everybody that doesn't like your decision and asks you the same thing again, so - Corrie: (inaudible) trying to close (inaudible). Rossman: I think Bill's intention, if I may, Mr. Mayor. I think Bill's intentions were to codify an ordinance as to what the procedure is for reconsideration. Rather than proceeding on ad hoc basis without any ordinance authority, and hopefully that can be done, but I know there is a history of practice, and I know Ms. Butler who walked up to the stand has some personal first-hand knowledge of that previous practice, arid we can certainly, if there's not an ordinance that precludes it, then, certainly, proceedtng in the manner that it's been done in the past is - there's nothing that would legally prevent that. Butler: Mayor Corrie, Council members, just as a member of the public I can, if you'd like some - you are governed by Roberts Rules of Order under your o~rdinance, and under Roberts Rules of Order, you have the right to reconsider which is a motion made without notice, the two-step motion whereby at your next available hearing you can Meridian City Council Meeting October 5, 1999 Page 68 move to reconsider if you should decide to reconsider it, you can either deliberate right then and there or move to notice a public hearing. Rossman: However, if the intention is to allow public input again rather than just a reconsideration of your determination, the notice requirements are going to need to be complied with. You can, you know, on your own - at your next hearing, decide to reconsider your decision, but if you want public input and you want the public to be able to address the issues that were raised subsequently, then notice should be provided. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Is that, Councilman Bentley and Anderson, is that what you wanted? Another public hearing? I don't feel it's necessary to have another public hearing. Corrie: Oh. I do. Bird: I mean, I don't know why we need a public hearing. I think we should notice it and re-do it at the next meeting, but why do we need another public hearing? Corrie: We may have public testimony that wants to hear it. What are your feelings? We have one for and one against. Bentley: I guess my feeling is we ought to go back before the public, too, and they ought to be invited to comment one way or another on it. Corrie: Okay. Do we need to then have a motion for - to have a public hearing on this same item? Rossman: Well, Mr. Mayor, I took Ms. Bocutt's comments as a request for a reconsideration, so if the intention is to have public input, then yeah, I would say that there should be a motion to take public input at a date certain and that notice be provided on a motion of reconsideration which was raised by the applicant. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: How long do we have to notice that? Can we do it in two weeks? Do we have time? Corrie: No. Meridian City Council Meeting October 5f 1999 Page 69 Stiles: No. Corrie: (inaudible) Bird: We'd have to go to the November 3rd meeting? Corrie: We have to go to November 3rd, yeah. ~ Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we reconsider for public testimony on November 3rd, the requ'est for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows and for the advertisement of the public hearing be put forward. Anderson: I'll second it. Corrie: Okay. Motion was made and seconded that we reconsider for public hearing on November the 3rd for the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC for the November 3rd hearing. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRI ED: ALL AYES Corrie: Mr. Clerk, if you'll do that, notice that one. All right. Okay. 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: 23. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO.2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: Corrie: Okay. Now we go back to 22. Gary (inaudible) to continue with this explanation on 22. Okay. Gary, go ahead. Smith: Thank you, Mr. Mayor, Council members. The applicant had responded to your staff review comments that were previously made, and the applicant had sarne questions and concerns about some of those comments, some of the staff comments. I submitted to you today a memorandum that I had written on October 4th addressing the Meridian City Council Meeting October 5, 1999 Page 70 applicant's concerns. There was one general requirement that he had a concern about and that had to do with the question on the street name. I believe Councilman Anderson addressed that at the last Council meeting that the extension of the Kamisky (sic) street name should continue through this subdivision because of its alignment with an existing street name to the east. Site-specific comments I've listed by number as the staff had previously addressed in their review. If you want me to go through each one of these, I will. If you have any questions, I'd be happy to try and answer those questions. I would suspect that the, maybe the major item of discussion might be Item No. 13 which is their requested waiver from our present ordinance requirement of a double sewer and water assessment fee because this subdivision is outside the corporate limits of the City of Meridian. Bill Gigray has drafted and submitted to me a proposed change in that portion of the ordinance, and that proposed change does eliminate the double-connection fee for sewer and water. It has within it, and you're not - I don't believe you're privileged to that proposed draft - it has within it some ~ther items, requirements for servicing - providing service to a subdivision outside the city limits. One of those provisions is that the developer enter into an agreement requesting this service, and that agreement has not been prepared yet, so I don't know e),actly what the contents of that agreement would be, and I just this evening made t.he applicant and his attorney aware of the draft that was submitted to me by Mr. Gigray. Approval of the subdivision, if you so desire to make that this evening, I would assume these would be conditioned upon the waiver of the - if that's the right word, of the present ordinance requirement for the double sewer and water fee assessment, but I think that waiver needs to be conditioned upon the entering into of an agreement between the City of Meridian and the applicant for the service, and I'm not sure how the applicant or his attorney will react to that because it's kind of open-ended at this point. I don't know what that agreement's going to be. But I think that the staff, I feel pretty comfortable that staff can work that out, and, of course, if we can't, we'd have to bring it back to you with problems if there are problems. I guess I'd leave it at that. If you have any questions, I'd be happy to try and answer them. Corrie: Council, questions of Gary on this one? Bird: I have none. Smith: Again, I - it's going to take some coordination between the different entities, Ada County Highway District, Ada County itself, the - I'm not sure what they call themselves, Development Services, I guess, where they issue the building permits, and the City of Meridian as far as payment of fees is concerned, and I think that the developer has just given me a real short proposal tonight of what that procedure could look like, and I would - my proposal was to leave it up to the developer to make that proposal to us in a formal manner so that, and I think what he proposed to me tonight is very workable and would solve the problem of coordinating it, make sure that everybody is aware of what is going on, all the fees are paid, everybody's aware that the fees are paid so that we can Meridian City Council Meeting October 5, 1999 Page 71 proceed with it because there are different entities involved now, rather than just the city collecting the fees. Corrie: Definitely new ground here. Smith: Yes, sir. Corrie: Any other comments, questions? Hearing none, I'll work on a. new motion for the final plat if (inaudible). Bentley: Are you doing the final plat for one and two separately or together? Are the same conditions applying to both? Corrie: I think they are. Bentley: We can do them together. Corrie: So you can do 22 and 23 together here. Bentley: Are we ready to dance? Corrie: Hearing no further comments, we are. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: And, Gary, you help me if I get this wrong. I move we approve the final plats for Vienna Woods Subdivision No. 1 and NO.2 by Skyline Development subject to staff conditions and the condition that the developer enter into an agreement with the City over the fees. Smith: Mr. Mayor, Councilman Bentley, could we also include the clarifications that I have set forth in this October 4th memorandum? Bentley: And include in there the clarifications by City Engineer Smith in his October 4th letter. We got everything? Smith: Thank you. Bentley: He said that's it. Anderson: Second. Meridian City Council Meeting October 5, 1999 Page 72 Corrie: Okay. I sure hope that's on tape because I don't think I'm going to be able to repeat it. Motion made by Mr. Bentley, seconded by Mr. Anderson to approve the request for final plat of Vienna Woods Subdivision No. 1 and No. 2 and incorporating the agreement for services and incorporate the comments by Engineer Gary Srnith in his letter of October 4th to the Council. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 24. REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY - 1414 N. MERIDIAN ROAD: Corrie: Okay. Item No. 24 is a request for a conditional use permit to add on an attached two-car garage and one bay carport (boat storage) and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road. Council, have any questions of staff or staff have any comments on this request? Shari? Stiles: Mr. Mayor and Council, just would like to note our memo of September 13, 1999 and if this is approved that those comments be incorporated in the findings. Corrie: I think we have a - isn't this a grandfather rights, Shari? Oh. Yes. It is. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, you've seen their reply from today, haven't you? Stiles: From today? Bird: Yeah. 10/5/99, received October 5th City Clerk from Mel and Oebi Lacy. Have you got it, Shari? Stiles: Yes. I was just reading it. It sounds like they intend to comply with our comments. Bird: The only thing, No.4 was on the sewer. I guess they're going to be willing and agree on that, too. *** End of Tape 4 *** ( Meridian City Council Meeting October 5, 1999 Page 73 Corrie: Gary. Smith: Mr. Mayor. There was some interpretation made by me on the - in reading the legal description of the sewer line and these service lines, and I believe I interpreted it correctly. What it tells me is that the service line to this (inaudible) is not in the easement as described; however, it is there and it has been for a lot of years. I don't know the legality of that, but I would assume it has some grandfather right if that's the right word, but I wouldn't swear to that. I think the main thing is to, since there is a conflict there, that this proposed improvement does not impact that existing sewer line and they maintain access to it. Apparently, that's the case. Thank you. Corrie: Thank you, Gary. Any other comments? Hearing none, I'll entertain a motion on the conditional use permit and for Findings of Facts (inaudible). Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that the City Council pass in favor of the conditional use permit on an attached two-car garage and one bay carport/boat storage and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road and for the attorneys to draw of Findings of Facts and Conclusions of Law and Decision and Order showing in favor with the staff comments. Anderson: Second. Corrie: Motion is made and seconded to request for the conditional use perrnit, Item No. 24, attorney draw up the Findings of Facts and Conclusions of Law with approval. Further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 25. REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER - NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: Corrie: Item No. 25 is a request for conditional use permit to construct storage units on unused portion of commercial lot by Berta Wagner northwest corner of Meridian Road and Taylor Avenue. Staff comments? You made your comments on September the 14th and the recommendation to the City Council. Any further comments? Stile: I have nothing to add. Meridian City Council Meeting October 5, 1999 Page 74 Corrie: Council, discussion? Bird: I have none. Corrie: I'll entertain a motion on the request for conditional use permit, Item No. 25. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we grant the conditional use permit to construct storage units on unused portion of commercial lot by Berta Wagner, northwest corner of Meridian Road and Taylor Avenue and to have the attorney draw up Findings of Facts and Conclusions of Law and Decision and Order showing so with the staff recommendations. Bentley: Second. Corrie: Motion is made and seconded to have the attorneys draw up the Findi~gs of Facts and Conclusions of Law for the conditional use permit, Item No. 25 incorporating staff conditions (inaudible) approval. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 26. DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS NO.3 BY GEM PARK II AND WESTPARK COMPANY: Corrie: Item No. 26 is the development agreement for Sherbrooke Hollows No.3 by Gem Park II and Westpark Company. Okay. Do we have that- Bird: It's all signed. Corrie: -- all signed? Okay. There you go. Bird: It's just waiting for yours and Will's. Corrie: Okay. Just tell us we can and we'll do it. Bentley: You can. Bird: Are you making the motion? Corrie: Put that in the motion - ( \ Meridian City Council Meeting October 5, 1999 Page 75 Bird: You got that in the motion? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the development agreement for Sherbrooke Hollows No.3 by Gem Park II and authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and seconded for the development agreement to be sigr,ed by the Mayor and attested by the City Clerk to be approved. Any further discussion? Okay. Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 27. WATER I SEWER I TRASH DELINQUENCIES: Corrie: Item No. 27, water, sewer and trash delinquencies: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7:30 P.M. Tuesday, October 5, 1999 before the Mayor and City Council to appear in person to be judged on the facts and the defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on October 20, 1999 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? Okay. You are hereby informed that they may appeal (inaudible) did have one that talked to me, and I will look into it in the morning. You are hereby informed that you may appeal to have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though you appeal, your water will be shut off. The amount of the turn-off list is $90,844.28. (inaudible) Corrie: That's a record because of the- Bird: I think because of all the screw-up. Corrie: Yeah. (inaudible). I'll entertain motion on the delinquency list, turn-oft list. Anderson: I'll make a motion to approve the delinquency list for water shut-ofts. Bird: Second. Meridian City Council Meeting October 5, 1999 Page 76 Corrie: Motion made and seconded to approve the water, sewer and trash delinquent shut-offs. Any further discussion? Bentley: Yes. Corrie: Okay. Bentley: What are we doing with the - are we giving these people any assistance on this problem? Corrie: We are. Bentley: Okay. That's alii asked. Corrie: Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 28. DEPARTMENT REPORTS: A. GARY SMITH: 1. WATER LINE EASEMENTS / 1999 WATER LINE PROJECT. Corrie: Department Reports, Gary Smith. Smith: Thank you, Mr. Mayor, Council members. First Item I have is the request for approval on some water line easements for our 1999 Water Line Project. This would be Phase II. This is a - these easements are located near the end of West Taylor, it's the Old Idaho Tank and Culvert Building if you're familiar with that, and I think, I can't remember the name of the little light company that had a building in there, but anyway, it's on that end. The little map shows the location of these easements and it's just cleaning up our water lines, water system and getting permission from the property owners to construct those lines. Bentley: Do we need a motion? Smith: I need to have a motion for the Mayor to sign the easements. ( Meridian City Council Meeting October 51 1999 Page 77 Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move to approve the water line easements for the 1999 Water Line Project and authorize the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Motion made and seconded to approve the water line easements for the 1999 Water Line Project. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. AMENDMENTS TO ENGINEERING AGREEMENT AT VWVTP. Smith: Thank you. Second Item deals with an amendment to our engineering agreement at the Wastewater Treatment Plant for Keller and Associates to do some engineering work for retrofitting and rehabbing our aeration basin pumps. They used to pump sewage up into the ABF tower, and that tower has been removed now, and so the pumps need to be changed out so they pump directly into the aeration basins and increase the flow. There'd also be a control system that would be involved, the pumps would be changed to variable frequency drives, and this needs to be done in order to transfer the liquid, the sewage from the pump basins into the aeration basin for further processing. So I'd request your approval of this contract modification to Keller and Associates in the amount of $4,800 on a time and material basis. That's their estimate. Bird: $4,800? Smith: Yes, sir. Bird: Not to exceed or just - how do you want to word it, Gary? Smith: That should be okay, yes, sir. Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we amend the engineering agreement with Keller and Associates for the VWVTP not to exceed $4800. Meridian City Council Meeting October 5, 1999 Page 78 Anderson: Second. Corrie: Motion made and seconded to approve the amendments of the engineering agreement at the Wastewater Treatment Plant in the - not to exceed $4800. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 3. LAND LEASE AGREEMENT WITH LARRY D. JAMES (35 ACRES). Smith: Thank you. Item No.3 is a land lease agreement with Larry D. James. John submitted the lease agreement to me. He - I can't remember when I got that. Friday, I think - and I asked him for a little clarification for your purposes, and he wrote a letter yesterday, I received a copy of it today, I believe, that you should have that in your packet also, explaining a little past history. This lease agreement came before you last year for a few more acres, I believe it was 65, and last year we spent $21,000 for that lease agreement. I think John outlines what the necessity is, and we also are looking forward to having our dewatering project finished up this coming year. And that will considerably reduce the need for this land disposal of our vile solids. So from that explanation that John has submitted to you, I would request your approval for the City to enter into this land lease agreement with Larry D. James. If you have any questions, I'll - Bird: It is $10,000 total. Smith: Yes, sir. That is correct. Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we enter into the land lease agreement with Larry D. James also known as L.J. Ranches for the sum of $10,000 for the agreement to run from October 1, 1999 to September 30, 2000 and Mayor sign and the Clerk to attest. Bentley: Second. Corrie: Motion made and seconded to enter into the agreement, the land lease agreement with Larry D. James in the amount of $10,000, Mayor to sign and C!erk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Smith: Thank you, Mr. Mayor, Council. Meridian City Council Meeting October 5, 1999 Page 79 Bentley: Uh-oh. Here you go. One more. I can tell. Smith: Mr. Mayor, did you get the packet that I sent over on Friday? The bid opening results that we had on Thursday for that Phase II water line? Bird: It's in our packet. Berg: It's on your Item 1. It was combined with Item 1. Corrie: I was thinking I saw that. Smith: Oh. I'm sorry. I didn't see the slash - Bird: I though you was going by and I thought, well, that must have been something. Smith: I misread that. Berg: (inaudible) Smith: It's there. Thank you. I just misread it. That packet on the Phase II water line bid opening that we had on September 30th, I've attached a memorandum to the memo that Brad Watson gave me with the bid results. We received five bids and Brown Construction was the low bidder at $512,359.60, and I tried to summarize the scope of work in the second paragraph on my memorandum to you as to what was included in that bid. The second bidder was $525,281, and then the third bidder was $615,000, so there wasn't much of a spread between first and second. There was a large spread between first and third. But Brown Construction has done a lot of work around here for the developers, and they've also worked for us, and we're comfortable with their bid. They're comfortable with their bid. So my recommendation for your action is at the bottom of my memorandum, and I would appreciate your approval of this project. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we award the 1999 City Water Project, Phase II to Brown Construction in the amount of $512,359.60 and authorize the Mayor to sign and the City Clerk to- Anderson: Must be postage. Bird: -- sign the award, contracts notice to proceed. Bentley: Second. ( Meridian City Council Meeting October 5, 1999 Page 80 (inaudible discussion amongst Council members) Corrie: Motion by Mr. Bird, second by Mr. Bentley to approve the project of $512,359.60 and authorize Brown Construction to do the Phase II. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Smith: Thank you, Mr. Mayor. Thank you Council. Anderson: Gary, you can't run away yet. When are we going to get level pay? Smith: Level pay. Well, I don't know. I haven't been working on it because I've had so many other things to do, but 1'(1 talk to Leslie as soon as the dust settles. Anderson: Yeah. She says this new system will do it. Smith: Okay. Thank you. Do you have any other questions of me on any of the projects or anything? Corrie: He pulled an attorney on you. He asked you a question, he already knew what the answer was going to be. Anderson: Is that bid close to our estimates for our water line project, or did we have estimates on it? Smith: I don't recall, Councilman Anderson. I'm not sure what the estimate was or if we did have one. They - the project was really broken up all around town. Lots of pieces. Not meaning that we shouldn't have had an estimate. I just don't know if JUS prepared one for us. B. KENNY BOWERS: 1. CHANGE ORDER FOR NEW FIRE STATION. Corrie: Okay. Kenny Bowers. Bowers: Mayor Corrie and City Council members, we have a change order that has come in front of us. I wrote you a little memo and explained a little about each one of them. I had contacted Glenn from Idaho Power- Bentley: I don't work there. Meridian City Council Meeting October 5, 1999 Page 81 Bowers: Pardon? Bentley: I don't work there. Bowers: No, you don't. This is another Glenn, and to give him my concern on the hook-up fees. He said he doesn't know quite where the $5,000 fee comes from. I am the third one this last month that has called up and complained on that. He is going to go back to his engineers and find out where the $5,000 is coming from. Yeah. It could have been. It could have been just out of the air. That's right, Glenn. But the final hook-up fee will be $6,126 more than what we had estimated. Bird: Who was the consultants, was it Eidam Engineering or Eidam Electrical? Eidam and Associates? Bowers: Yes. Bird: I can't believe they'd be that far off. You say Idaho Power is going back al1d revisiting this? Bowers: No. He says this is going to be the price, but he is going to go back and find out where - Bird: In other words, we're going - Bowers: -- this $5,000 is coming from. Bird: -- $11,126 is going to be our hook-up fee? Bowers: Hook-up fee. That's for the transformer, running the power back farther than what we had anticipated first off. Bird: Are they going to bring it all underground? Bowers: Yes. Bird: Under our fill? Okay. Bowers: Any other questions on No.1? Okay. Number 2. As by our plans, we had anticipated putting the transformer along side our building on the east side. We were going to use a four-by-four concrete pad. Idaho Power come in and said that they would much rather use an eight-by-eight pad, the reason being if we ever blow a transformer, they would just go out in their yard and pick one up. They didn't know if it would be a small transformer or a big transformer, so they wanted us to have the bigger ( Meridian City Council Meeting October 5, 1999 Page 82 pad already set up. Also there would be the reason why that will be $4,717 more is that the power company, excuse me, the electrical company will have to run more power or more wire because we are going back to the end of the lot instead of just coming straight from the side of our lot. Bentley: Would that be called a taking or is that - Anderson: No. That's called a shoving. Bird: I didn't hear what was said, but it must have been funny. Bowers: Any questions on Item 2, then? Item 3, we decided to try to put the plumbing of the roof drains underground to avoid ice-up in the winter time. That being the north side of the building will be in the shade most of the time. That's where all of our firefighters will be parking to come in, running into the building, possibly be iced up, possibly will get somebody hurt in the back. The price on that was $2,280. Item No.4 is in commercial property you do not have to insulate the perimeter walls in commercial. You do in residential. That was left out of our bid, or that was left out of our plans. That cost on that item will be $678. Item No.5, had all this (inaudible). We expect out of 21.6 cubic feet refrigerator with 12 people, possibly 15 people if the paramedics come in. We went with the larger 25 cubic inch freezer - refrigerator/freezer, and the difference there was $252. Total $14,053. Bentley: Put a lot of turkeys in there. Anderson: Questions. Bowers: Questions is I had talked to Councilman Ron Anderson, and we decided that this would be better to bring this up as these work orders come in instead of waiting for the very last project. Bird: I agree. Bowers: Councilman Anderson, You had a question? Anderson: Have you talked to the (inaudible) District about these prices and these overruns too? Bowers: I was able to talk to Mike Ingram about the $6,000 and the $4,000. I did not- was not able to talk to him about the $2,000, $600 and the $252. Anderson: And they had no problem with it? Bowers: Mike didn't have any problem. ( Meridian City Council Meeting October 5, 1999 Page 83 Corrie: What was the reason for the three that you didn't? You didn't know about it yet? You didn't think you were going to have any problem with it? Bowers: No. Actually, it's built in to the budget on the station; certain (inaudible) change orders because we knew there'd be some anyway. And I'm confident there'll be more, so- Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve these change orders in the amount of $14,053 to Beniton Construction for the new fire station. Bentley: Second. Corrie: would you like to amend that to include 33 cents so I can - Bird: I was just going to say, why can't - why didn't we get 33 cents or 61 cents or- Corrie: Motion made to approve the $14,053 for the change order for the new fire station. Any other discussion? All those if favor say aye. MOTION CARRIED: ALL AYES Corrie: Thank you, Kenny. Bowers: Thank you, Mayor and City Council. C. MAYOR CORRIE 1. PARKS & RECREATION COMMISSION APPOINTMENT OF JOE DA ROSA: Corrie: I have one thing that's not on this agenda that I got back for you on the Parks and Rec. We have two openings that's coming in, and I was going to do this on the 19th, but since I gather that we've got the recommendation back from the Parks and Rec Commission on the people that were required to me, I am going to go one at a time here, and they're first recommendation was Joe deRosa to be placed on the Parks and Ree Commission. My recommendation to the Council is that I would appoint him as one of the positions - Bird: Do you want to vote on him first, separate? Mr. Mayor. Meridian City Council Meeting October 5, 1999 Page 84 Corrie: Okay. Bird: I move that we appoint Joe deRosa to the Meridian Parks and Recreation Commission for a term of three years, is it, Mayor? Corrie: Yes. Bird: Three years. Bentley: Second. Corrie: Okay. Motion made to approve Joe deRosa for three years on the Parks and Rec Commission. Any further discussion? All those in favor of the motion say ;:,ye. MOTION CARRIED: ALL AYES Corrie: On the second one, I'm going to do a little change here from what they recommended. I'll tell you why, and then you can do what you need to. I had looked at all the applicants, and I - Vicky Russell is on the - in the area of impact. Stle's not in the city. We don't have anybody representing the area of impact anywhere. She's south of, I believe it's the address off of Victory Road, I believe. Bentley: She's south of the freeway. Corrie: Okay. And I though maybe it might be a good idea to have somebody represent the area of impact on that board and, consequently, I would propose the name of Vicky Russell to be on that to have that particular area covered on the Board. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I've got one question, and I think reading the ordinance, I think I can answer it myself, but I just want to make sure. Did we not, on that Parks and Recreation Commission, have it the same as Planning and Zoning; do we have with the area of impact or the city limits? Corrie: Area of impact. Bird: I could not remember, and I though we did have the area of impact. Okay. That's all- Corrie: We don't have anybody that's outside of the city - ( Meridian City Council Meeting October 5, 1999 Page 85 Bird: Yeah you do. Jim Keller lives out south. Corrie: I though he lived in the Meridian Greens. Bird: Well, in that area. That's south, and she lives out there by the - Corrie: She's just outside the area of impact. So I would submit the name of Vicky Russell for that particular reason. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we approve the nomination of Vicky Russell for Parks and Rec Commission for the term of three years. Anderson: I'm trying to read these resolutions. Bird: I'm trying to, too. Corrie: I'm sorry. We'll give you a little time if you want to read that. Bentley: Well, while we're waiting on that - Corrie: I talked to all of these applicants. Some were very fast conversation, some were - (discussion amongst Council members) Anderson: Point of discussion, I wanted to discuss it so I'll second the commendation so we can discuss it. Corrie: Okay. Motion made and seconded to approve Vicky Russell on the Planning and Zoning for three years. Discussion. Anderson: Discussion. While reading these resumes, I guess the other two look much more impressive on paper to me as far as community involvement and things like that, and they were the ones that were recommended by our Parks and Recreation Commission, and the other one is brief little deal, so I'm not sure if other than being in the fringes of the area of impact why we would select that person over the two that Parks and Recreation Commission were recommending. I do notice she worked for the Post Office, so maybe Glenn knows her or something. Maybe he can enlighten us. ( ( Meridian City Council Meeting October 5, 1999 Page 86 Bentley: Yeah. I've known Vicky for 15, 20 years. She's very dedicated perSOll. Probably if you went through all the carriers in Boise, she's probably in the top three. She's got a couple of kids, she's very into sports with them and stuff, and I think she'd be a good asset. Corrie: The reason I did it is because the area of impact I thought (inaudible) too, you guys were talking about you needed (inaudible) area out there covered a little better, and she was out there, and the area of impact would kind of phase out that committee, we'd have a little bit of everybody on the board. The other one- Anderson: Where's these other two live? Corrie: They live in town. Let's see. Kristen is doing graduate work at school, I think. Where does she work - Anderson: One of them lives on Washington, I think. Corrie: (inaudible) Bird: She lives on West Washington. Corrie: 525 Washington Avenue. Bird: And- Corrie: And Kristen lives - Bird: Where's Lightning Place? Anderson: Right by Albertson's. Bird: That's where deRosa lives. Anderson: The new one. Corrie: The Ten Mile - out by us? Bird: And I'd say - the only - I'm kind of like Ron in that I don't know any of these people personally, so - she interviewed with the Selection Committee? Corrie: None of them did. Bird: They didn't - they didn't bring any in - ( ( , Meridian City Council Meeting October 5, 1999 Page 87 Corrie: They just looked at the letters (inaudible) Bird: They didn't bring (inaudible). Corrie: I talked to each one of them very briefly, and that was my reasoning to have somebody (inaudible). It's not - it doesn't take a rocket scientist to do this, but we're changing that board every three years, and to be every year (inaudible) making changes, so - and it's - Bird: Of course, that's a (inaudible). Corrie: It's a recommendation. Bird: Sure. And to me that Parks and Recreation Commission is like our Planning and Zoning Commission as far as I'm concerned. They playa very large part in our plans for parks and recreation. I have no more discussion. Corrie: Okay. Call for questions. All those in favor of Vicky Russell (inaudible) say aye. MOTION DEFEATED: ONE TO TWO Corrie: Okay. Then I'll give you a recommendation for the next one at the next meeting. Call them in, I'll talk to them. Okay. I guess everybody else is out and ready to go home. Bentley: I have one thing before Kenny gets up. They are meeting Saturday from one to three at the old library. They're going to go over getting input on the daycare ordinance, and they'll file that up and give us another draft and present it to us, and they will be done. So then it'd be in our laps. And that's that. Corrie: Okay. I'll entertain a motion to adjourn. Bentley: You got it. Bowers: Mayor, if I can have one thing real quick. Mayor Corrie and City Council, I'm delighted to say that Joe Silva has accepted our Assistant Chief job for the Fire Department so he will be coming on November 25th - October 25th. Yes. Thank you very much. Appreciate it. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES ( Meridian City Council Meeting October 5, 1999 Page 88 MEETING ADJOURNED AT 11 :38 P.M. ( (TAPE ON FILE OF THESE PROCEEDINGS) ,,\"\tUBI'''lll ATTEST: ,v.':'~\ Of MEFY'c,~f'/I/f1 ", ~"' t~~~ ")'.., ~ "..., oPO:b - -(~~" ~ .$" v~ OP ,q~.4'h r ~ ~ ~CJ e--o ~ :: -v ~ E ~ :: SEAL :: ~;-: fJ ~ ~ Vn '~02 ~ oIf("Jt \,J- U-.(\ ...,. "-.:..... ~ '(."f \J r 1 S \ · ~ ~ .f ;,...... ~ 7 1c!;:3Y:~' ,........... "".. eOl -.J" ,'l. //1) ~Jf\rr l' \,' ' .,. JII, \\\\ \,;) JIIHHhH\' ,\;11 . ';" j " I m~ RECORDED-REQUEST OF ~\DA l:(JUNTY RECORDER( ,11: J. [i/WIO NAVARRO \./-"J ~ HO~SE. ID!\HO FEE ~.. V DEPUTY 2~W~FM~IAN 6~ 100031721 2 D c)o A"(' ~ I /Jnt"-; o~ 0 . A-6 ORDINANCE NO. 7 I 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 DISTRICT (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 OFFIC.IAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: All of Lot 12 of the Amended Magic View Subdivision and adjoining public right-of- way located in the southeast quarter of the northeast quarter of Section 1 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter comer of said Section 17; thence NOo022157.7" W, 104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is t11e REAL POINT OF BEGINNING: The11ce 589037102.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest corner of said Lot 12; Thence NOo022'57.7" W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest comer of said Lot 12; ANNEXATION AND ZONING ORDINANCE - 1 Thence S89037'0211 E, 709.05 feet along the northerly boundary of said Lot 12 and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 1 7; Thence SOoo22'57. 7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 5.031 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C- G). 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 Melidian and the owner of the land desclibed in Section 1 dated the 5-1i:..- day of t?(/fp~ ,1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The CIerI, of the City of Meridian shall, within ten (10) days following tIle effective date of this ordinance, duly file a certified copy of this ordinance and a Inap prepared in ANNEXATION AND ZONING ORDINANCE - 2 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 i11 compliance with Idaho Code S63-2215 and S50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this .E~ day of tJc.fO~ ,1999. APPROVED BY THE MAYOR OF TH TY OF MERIDIAN, IDAHO, this 5-f~ day of IJc.fp~ ,1999. STATE OF IDAHO,) : ss. County of Ada. ) On this t T{ day of (f)eidI1eA./ , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City ClerIc of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridia11 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Iny official seal the daX first above written. !lo,~,~..l). O"~.t ~~ l ~ .-...;. :(~ to (sEAJ/y ~ y.OTA1t~ \~ NOTARY PUBLIC FOR IDA.HpA / i * -.- J * RESIDING A~a ~u, ~ ~~lTB\.'-C i. MY COMMISSI N E IRES: II-f),5/.. d 'f- .,,~ .. .~o ttf l' ...... ~';"." msg/Z:\Work\M I;rOfJ~g'e Rd Professional Ctr\AZ.ORD I........' 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 Clerl(, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~ passed by the City Council of the City of Meridian, on the 5~ day of tJc;h;/;et, 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerl( of the City of Meridian. , \\,\t\lf.fl"lt" \.\" ~ ~'III: ,-,\.\ __ V'. 11...)",-; " ~~ ~ ,,' c} ~.. ~ ~ 2" . '..rP~ _4r 111I h.. ~ ~ ~ ~ ~ ~ ~ - ~ e - - = ~ - - - - =: fl;: ~ ~ cr ~ ~ ~lJ. "Q} ~O ~ ~ "'0 rsj 1$\ ~ ~ $' 1-1' ~1 ,,~ ,~ STATE OF IDAPrQ}CollNTl. \\\",~ II. \\\ / II t II f. ~,\ \~ ~ . County of Ada, ) f) On this F day of !!r!A~ in the year 1999, before me, I/J/TJI/./ OVG;tL1 , a Notary Public, appeared WILLIAM G. BERG, JR., lmown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and aclalowledged to me that l1e executed the same on behalf of the City of Meridian. ....111111 ~..." 0 V BIl ~"":..~ ...~. ~ $'-.. ~ - · 't Aft t' \ (5. ~o )it: . ~.,. . · ~ v · .. ~u~\,.~ 0 j ..~ # #~ ....~~ ~ , iBeQ~~~OM\Eagle Rd Professional Ctr\CertificationOfClerkOrd .....,. aAA~~ 11 II >>I~ Notary Public for Idaho Commission Expires: / //C):.J--d f-- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN NOO-22'S7"\.! 309,06' G1 JT1 Z --i (;) :iO CD CI.I -< \0 CD ""-J - -...J\O ow. o - ..o"':! \OW -...... ~ ~~ o ... UlO W N J> C. ri -< SOO-22'57,7"E 309,06' EAGLE td"'U MCI (;1- I--tZ z-t z -0 ffi"T'l --., D W /(J Z ~ Lj '- 1---1 z ZAJ J>~ Zrrl n fTl VJ rrJ CO n ~ Cf" ~ '-J EAGLE RD RD RESOLUTION NO. 2;;;7 BY: {l;t(h~af/l Gklt'L&~ff:J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 5~ DAY OF tJc-fG; ~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND GEM PARl( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC., AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerl( are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GEM P ARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS, entitled "DEVELOPMENT AGREEMENT", dated the S~ day of tlch~, 1999, by and between the City of Meridian and GEM PARlC II, A GENERAL PARTNERSHIP DIVIDEND RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 1 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARlC COMPANY, INC., GENERAL PARTNERS DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this .s-~ day of Och?6-e--r , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S-~ day of t9ch 6~ , 1999. ~~\~ MAYOR ATTEST: ,,\\\\~U'.ffIlIJ', ",v. Of ME~",~ "....,... ~" ~ ~4;.I" ~'c} ~oFl.4 ~ VJ' ~ I ~ ~ ~ ~ : f SEAL = ; ~ f'. ~ \. "'A ~r lS~ . r.;.o j ~ '-"4 ~~ ~ msg/Z:\Work\M\Meridian I 5360M\Sherbrooke Hollows No.3\Rt~uH~ _ ~. ~ "".... 'I1r':-'-'lINT1. \" III \ \' II,,,,U nU\\\\ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 2 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I. That I am the duly appointed and elected Clerl( of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerl( of this City, I am the custodian of its records and minutes and do hereby certify that on this /56 day of Pc/t;6eI-, 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE S.f3- DAY OF tJe-fo 6..eJ- , 1999, BY AND BETWEEN THE CITY OF - MERIDIAN AND GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC., AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INCw AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "An to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: I. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with GEM P ARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., GENERAL PARTNERS, entitled "DEVELOPMENT AGREEMENT", dated the S-.-t.f day of Oe--lebf-, 1999, by and between the City ( of Meridian and GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND DEVELOPMENT, INC. AND THE WESTPARI( COMPANY, INC., ,GENERAL PARTNERS, a copy of which is attached hereto marl(ed as Exhibit "An to this Resolution and to bind this City to its terms and conditions. \\\\uu HIll/II \;\,.. ~'II "'\..'..J Of IIII' ...,,-,:, ~ ~ "';,~ ~' (jrno~ ~ ~'r- - ~ -"'" r;...... .. .;: ~.." ! WILLIAM G. BERG, J ; SEAL ; ; ~ ~.E - ~ -- ~ ~ ~ ~ "a r 1~ t i:> .f ~ .~ ~ ~ ~ --,~ ct'\l-,' )~ ,v v ~/Yl · "" III \' . 1"",,.1"""\" . 55. STATE OF IDAHO, County of Ada, ) On this d)vf day of ~/vJv ,in the year 1999, before me, IJN t1"Jt1 D _ OVGfLLt 11 ' a Notary Public, appeared WILLIAM G. 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. .,.,....t,..~ .... 0 ........... ~ 1). " ~..e ~~,~ ~-' ~ :' ~ I~~ ! ~ ~OT~,. \ \. 1 ~ .. (SEf}L) ..... : * 5 u ~ c. - -:- e\ "lTB \.."\. I ; - ~ ~ \ .p~... . ,L~O ~ ~~ ";' ~.......... ~.,. ~~ ~".~.~ OF \"0 ,.~....~ .........n..... ajit~.&~ Notary Public for Idaho Commission Expires: [I ~o :J--6 r msg/Z:\W ork\M\Meridian 15360M\Sherbrooke Hollows No.3\CertificateClerkforResolution (.. RESOLUTION NO 280 BY: ~llh ~ir~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED U AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES ANDCOSTS",DATEDTHE/* DAY OF tlGfo~ ,1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, PRUSS, MORROW & GIGRA Y, P.A. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., denoted as " Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs", a copy of which is attached hereto marked as Exhibit" A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., entitled" Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs" dated the /59 day of I/c;.ft;!;?v , /C/tJC/ ' by and between the City of Meridian and White, Peterson, Pruss, Morrow & Gigray, P.A., a copy of which is attached hereto marked as Exhibit" A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION - 1 ('- Ifh ~ ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of rJ7A~ , If?!? ~PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7-111 day of :rlZhz btA- , I C;C/q · . f ATTEST: . \\\\\HUfl11t11/ ,\.,':~ Of ~llllljl. " ~ '" jt~ ,-", a' -aPOD... '>~ ""'-.~ . ~vUP~ _...,,~ ~ :: ~ () ~ ~ ~ ~ ~ ~ ~ = ~ ~ SEAL :: RESOLUTION - 2 ( CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of it~ordS and minutes and do hereby certify that on the 7-ffL day of '(e7fnlJei- , ;'1q1 , the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED " AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS", DATEDTHEf?tDAYOF OCbhb1- ,11'19 ,BY AND BETWEEN THE CITY OF MERIDIAN AND WHITE, PETERSON, PRUSS, MORROW & GIGRA Y, P.A. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., denoted as "Agreement For The Appointment of City Attorney, The Provision of Legal Services And For Payment of Attorney Fees And Costs", a copy of which is attached hereto marked as Exhibit" A" to this Resolution, the reasons and authority for which are as set forth in said Agreem~nt. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with White, Peterson, Pruss, Morrow & Gigray, P.A., entitled" Agreement For The Appointment of City Attorney, The Provision of LegaJ Services And For Payment of Attorney Fees And Costs" dated the I >9 day of ()c-h?6~ , (qtj1 ' by and between the City of Meridian and White, Peterson, Pruss, Morrow & Gigray, P.A., a copy of which is attached hereto marked as Exhibit" A" to this Resolution and to bind this City to its terms and conditions. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 \\\ .~ttflt"fl \.\\\\ ~ ~Jlllf ,,-' _I U' J')I~ ....' A.' ~'L " ~, ~ ~"' 0 oPtP0R4h ~ 2' ~Ci ~O ~ ~ ~ ~ - ~ = ~ SEAL . .. WILLIAM G. BERG, JR. CITY CLERK STATE OF IDAHO,) : 5S: County of Ada, ) 1t~ n19' jqqq }~ j On this -- day of yc,L&~bt,Y I in the year WOO, before me, F'I ~ Shtlbij f. UgttrYlUv , a Notary Public, appeared WILLIAM G. 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. (SEAL) ....... .- ~ V- .. ..~ _:._- 0 +. :~~OT~~..p~. ,.~I ~ vL. '~. :~/ d.., * * \N~ . CJ)I lZ:( I~ · . \ I~. . \ : . . \ I . . \. ~ I. . tP " lC'~. ..~~____--~o.. ~.;.e-OFlP ..+ ....... .,.. !J/1./ . Notary Die for Idaho f Commission Expires: t1;;t; l iJV msgjZ:\ Work\M\Meridian 15360M\Meridian Presentation\ CertifClerkMayorRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2 AGREEMENT FOR THE APPOINTMENT OF CITY ATTORNEY, THE PROVISION OF LEGAL SERVICES AND FOR PAYMENT OF ATTORNEY FEES AND COSTS Parties: City of Meridian White, Peterson, Pruss, Morrow & Gigray, P.A. THIS AGREEMENT made this 1 st day of October , 1999, by and between the City of Meridian, a Municipal corporation organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "Meridian", and the firm of White, Peterson, Pruss, Morrow & Gigray, P.A., a professional association, organized and existing by virtue of the laws of the State of Idaho, hereinafter referred to as "WPPMG". I. DEFINITIONS: 1. "Additional Legal Services" means and refers to legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and spedal matters involving bonding and/or judicial confirmations and other matters involving legal actions against the City of Meridian not covered by the City's Insurance Carrier and/or matters involving litigation pursued under federal regulation and/or matters involving particular expertise under federal regulati ons. 2~ "Contract Legal Services" means and refers to the provision of legal services to prosecute all criminal misdemeanors, infractions, and code 1# enforcement action involving matters occurring within the corporate limits of or initiated by Meridian or involving the enforcement of City ordinances and/or Idaho State Law; and the provision of legal services which shall include staffing of all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal worle, but this definition does not include circumstances when Meridian is required to provide separate legal counsel in employment matters, or matters under the jurisdiction of the state and or federal government. AGREEMENT - 1 ( 3. "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 4. "Meridian" means and refers to the City of Meridian a municipal corporation organized and existing under the laws of the State of Idaho, party to this Agreement. 5. "WPPMG" means and refers to White, Peterson, Pruss, Morrow & Gigray, P.A. an Idaho Professional Association organized and existing under the laws of the state of Idaho for the purpose of providing Legal Services. II RECITALS I. WHEREAS Meridian is to appoint a city attorney as provided in Idaho Code S 50-204; 2. WHEREAS Meridian is in need of legal services to prosecute all criminal misdemeanors and infractions and code enforcement actions involving matters occurring within the corporate limits of or initiated by Meridian involving the enforcement of City ordinances and/or Idaho State Law; and 3. WHEREAS Meridian is in need of legal services which shall include attendance at all City Council and Planning and Zoning Commission meetings as well as preparation of the necessary ordinances, resolutions, planning and zoning recommendations, findings and orders, review of contracts, judicial review of planning and zoning matters, and all other related legal worl,. 4. WHEREAS Meridian may from time to time need additional legal services for judicial reviews of final actions of the City involving quasi judicial matters, other than planning and zoning matters, declaratory judgment matters not covered by the City's insurance carrier and special matters involving bonding and or judicial confirmations; and 5. WHEREAS WPPMG provides legal services for municipalities and is AGREEMENT - 2 (' willing and capable of providing Legal Services and Additional Legal services to the City of Meridian under the terms of this agreement. III TERM: The term of this Agreement shall commence on the date hereinafter set forth and shall be for an initial term commensurate with the fiscal year, subject to renewal and negotiation on scope of warl, and compensation as hereinafter provided for. IV SCOPE OF WORI(: WPPMG shall perform Contract Legal Services and Additional Legal Services for the City of Meridian in accordance with the provisions of this agreement. v. APPOINTMENT OF CITY AITORNEY: For purposes of the legal requirements of I.C. S 50-204, Meridian appoints the Directors and lawyer associates employed by WPPMG as City attorney. VI. COMPENSATION: 1. For Contract Legal Services Meridian shall pay WPPMG the sum of Thirty Three Thousand and Noll 00 Dollars ($33,000.00) per month; and 2. For Additional Legal Services Meridian shall pay WPPMG the sum of One Hundred and Noll 00 Dollars per hour for judicial review matters and for other Additional Legal Services based upon agreement between Meridian and WPPMG as authorized by the Mayor and City Council as a reasonable fee for the type of legal service required. VII COSTS: recording fees, exhibit costs and subpoena and witness fees and travel costs will be billed separately as incurred by WPPMG as authorized by Meridian. VIII RE-NEGOTIATION OR TERMINATION: I. At the time of the preparation of the budget in accordance with the procedures of Meridian, WPPMG shall submit its proposal for the scope of worl, and compensation for the following fiscal year. Meridian and WPPMG shall negotiate in good faith the appropriate provisions for the scope of worl, and compensation in accordance with the budget process. AGREEMENT - 3 2. This agreement may be terminated upon mutual agreement of the parties, or Meridian may terminate this agreement vvith 60 days notice by following the procedure for removal of appointive officer set' forth in I.C. S 50-206 or WPPMG may terminate this agreement with 90 days notice. IX GENERAL PROVISIONS: 1. Alterations: No change, alteration, modification, or addition to this agreement shall be effective unless in writing and properly executed by the parties hereto. 2. Governing Law. This Agreement shall in all respects be subject to, and governed by, the laws of the State of Idaho. 3. Notices: All notices required to be given to each of the parties hereto under the terms of this Agreements shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: City of Meridian 33 E. Idaho Meridian ID 83642 White Peterson Pruss Morrow & Gigray, P.A. 200 E. Carlton Ave Meridian ID 83642 4. Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not part of the Agreement. 5. Severability: In the event any section, paragraph, or portion of this agreement shall be or be deemed to be by any court having lawful jurisdiction of the subject matter of this agreement void, voidable, or invalid for any reason, this agreement shall be otherwise valid and enforceable as if said void, voidable, or invalid section, paragraph or portion of this agreement had not been a part hereof in the first instance. AGREEMENT - 4 6. Counterparts: This agreement shall be executed by the parties in two (2) counterparts, and each such counterpart shall be deemed an If original" . IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. \\\lUIU/ \\\'\\\ I1II11 ,\'- Of fJ2,..Eo.t,,,, ///. " ..J I L.VJ '/ " ~"'"\ 7.,:!'J ..~ f' c} Ql\P~ ~ ~~ ~ G )'-~ ~ ~ ~ 0 ~ CITY OF MERIDIAN - ~ c ~ ~€.r~fitn- #2~o _ SE.l\L _ - ~- ;:2-7- <ft4 ~~. c ~ ~ ~ ~ "Cjo~ ~ r 1 t ,'i-.. ~ ~ v ~>. $ /JJIt!!S/-L~(,.: ~. " '" ~ 0 -... ~ ", y: /77T~ // 1\1 t \' h / --~ '- GO' '/ II r,7:": \ \ \ \ vv/ '(/(tYk- ,rJ~~ )ibt,nn H\~'\\ t2lhj ei.e-t,.k.. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. By: ey!Z:\W ork\lV1VV1eridian 15360M\lV1eridian Presentation\wfgAgreement AGREEMENT - 5 (- CERTIFICATE OF PROFESSIONAL ASSOCIATION RESOLUTION OF WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. I, Philip A. Peterson, do hereby certify that I am the Secretary of WHITE PETERSON, PRuss, MORROW & GIGRA Y, P. A., and I do hereby further certify that at a meeting of the Board of Directors of the professional association, duly called, held and convened according to the articles and bylaws of the professional association on the 30th day of November, 1999, at 11 :30 A.M., a quorum being present and voting thereon, the following resolution was presented to the Board of Directors and approved by it; that the following is a full, true and correct copy of the resolution as it appears in the records of the professional association; that it has not been altered, amended or repealed and is now in full force and effect; and that I am the duly authorized and proper officer of the corporation to make certified copies of its records in its behalf. RESOLVED, by the Board of Directors of WHITE PETERSON, PRUSS, MORROW & GIGRA Y, P. A., that Wm. F. Gigray, III, a Vice President of the corporation, be authorized to enter into, on behalf of said professional association, an agreement entitled "Agreement for the Appoinunent of City Attorney, the Provision of Legal Services and for Payment of Attorney Fees and Costs," by and between the City of Meridian, Idaho, and WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A., a copy of which is attached hereto marked as Exhibit" A" to this resolution, and to bind this professional association to its terms and conditions. IN WITNESS WHEREOF, I have signed my name and affixed the corporate seal on this 4th day of January, 2000. V"' (CORPORATE SEAL) CERTIFICATE OF CORPORATE RESOLUTION OF WHITE, PETERSON, PRUSS, MORROW & GIGRA Y, P.A. FFI A: \ WPP-CORP- RES 140. wpd