HomeMy WebLinkAbout1998 10-20
MERIDIAN CITY COUNCIL
7. DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS: (APPROVE -
APPROVE RESOLUTION #200)
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT BY EAGLE PARTNERS - NORTHWEST
CORNER OF EAGLE ROAD AND MAGIC VIEW: (APPROVE ORDER OF
DECISION)
9. DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS SUBDIVISION:
(APPROVE -APPROVE RESOLUTION #201)
10. ORDINANCE-#806 -ANNEXATION AND ZONING OF THOUSAND SPRINGS
SUBDIVISION BY FARWEST DEVELOPERS: (APPROVE)
11. REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOWS SUB. NO.2 BY
GEM PARK II - EAST OF LOCUST GROVE, NORTH OF VICTORY: (APPROVE
. WITH STAFF COMMENTS)
12. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED
WHITESTONE ESTATES SUBDIVISION NO.3 BYWHITESTONE
PARTNERSHIP - WEST OF LINDER & SOUTH OF FRANKLIN: (APPROVE)
13. APPLICATION FOR BEER AND WINE LICENSES BY JACKSON'S FOOD
STORE: (APPROVE)
14. REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF
GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY -- 1414 N.
MERIDIAN ROAD: (APPROVE FINDINGS - APPROVE DECISION)
15. REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS
APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A JOHNSON - 46 E.
PINE: (APPROVE FINDINGS - APPROVE DECISION)
16. REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING
CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND
FAIRVIEW: (APPROVE AMENDED FINDINGS - APPROVE DECISION)
17. DEPARTMENT REPORTS:
A. GARY SMITH:
1. CHANGE ORDER FOR TULLY PARK. (TABLE UNTIL
NOVEMBER 4, 1998 MEETING)
2. FINAL PAYMENT ON DRILLING OF WELL #20. (APPROVE)
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3. AWARD OF CONTRACT OF WATER TANK. (AWARD BID TO
McALVAIN CONSTRUCTION FOR $1,487,000)
4. ENGINEERING AGREEMENT FOR DESIGN OF
SECONDARY CLARIFIER. (TABLE UNTIL NOVEMBER 4, 1998
MEETING)
B. TOM KUNTZ:
1. LEASE RENEWAL OF 56 ACRE PARK SITE. (APPROVE)
2. GENERATIONS PLAZA CONCEPTS. (THE LAND GROUP TO
PREPARE PROPOSAL)
C. SHARI STILES:
1. DISCUSSION OF RFP FOR COMPo PLAN UPDATE. (TABLE
UNTIL NOVEMBER 4, 1998 MEETING)
D. KEN BOWERS:
1. FIRE PROPERTY PURCHASE
A. TITLE INSURANCE
B. PRELIMINARY TITLE REPORT
2. UNION CONTRACT
E. CHARLIE ROUNTREE:
1. OCTOBER 22ND, SPECIAL HEARING.
2. OCTOBER 27TH, SPECIAL MEETING
A. SANITARY SERVICE
3. OCTOBER 27TH, STRATEGIC PLANNING WORKSHOP
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MERIDIAN CITY COUNCIL MEETING
OCTOBER 20, 1998
The regular meeting of the Meridian City Council was called to order at 7:31 p.m. on
October 20, 1998 by Mayor Robert D. Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Bob Corrie, Will Berg, Bill Gigray, Bill Musser, Gary Smith, Brad
Hawkins-Clark.
Corrie: The consent agenda is the minutes from the previous meeting held October the
6th, 1998.
Bentley: Mr. Mayor I move we approve the consent agenda.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the consent agenda.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Council before we get into the regular agenda, I've had a request from Becky
Bowcutt. She is going to be the engineer I guess and needs to talk on item 4, 5, 6, 9,
10 and 11. She has also a couple of things to do with the City of Boise right now, so
she's going to ask if she can delay that until the last items after 16. If there's any
objections, I would like to ask the co~ncil if they would be in favor of that.
Rountree: Mr. Mayor I would just question if she would have any involvement in item
four. Did Bill retain her?
Corrie: Does she have anything? She came into my office and she said 4, 5, and 6
and as well as 9, 10 and 11. Do you know item 4? Okay then it will be 5,6,9, 10 and
11.
Bird: Do you need a motion on that Mayor?
Corrie: No, I don't think so.
Bird: I have no problem.
ITEM NO.1: FINAL SIGNATURE: B.S.U. CONTRACT WITH CITY ATWATER
DEPARTMENT BUILDING.
Corrie: Counselor do you want to give us some information on this and what we need
to know on it?
Meridian City Council Meeting
October 20, 1998
Page 2
Gigray: Mr. Mayor and members of the Council, as you recall this matter has been
tabled for a couple of meetings for the purpose of in the first instance having reviewed
by the city attorney's office and in the second instance some additional time was
requested in order to ferret it out some of the issues over the long term relationship that
will exist between the State of Idaho Department of Education B.S.U. and the city. I'm
happy to announce that we have all of that worked around. Amanda Horton who is
representing the State Board of Education has agreed to the terms of the agreement
which you have in front of you which is really with some minor modifications with
regards to indemnification on the part of each of the parties with regards to their
occupancy of this facility and intended use. Basically what was being looked at and it
also provides us with a framework to go forward with this arrangement in the future. It
provides for the appropriate quitclaiming of any interest that the State of Idaho has in
the premises. Note that the last deed of record that was discovered was on in 1957.
Although Amanda Horton said there was an unsigned deed that they had found. This
agreement takes care of any problems we have with regards to that and we're at a
position where we're recommending to the City Council that it's ready to be entered into.
Corrie: Any further questions or comments from Council?
Bird: I have none.
Bentley: None.
Rountree: None.
Bird: Mr. Mayor I move that we enter into this B.S.U. contract with the city for the water
department building located on 8th Street and for the Mayor to sign and the Clerk to
attest.
Bentley: Second.
Corrie: Motion made by Mr. Bird and second by Mr. Bentley to accept the B.S.U.
contract as written and have the Mayor to sign and the Clerk to attest. Any further
comments or discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
Corrie: Is there anything else on that Counselor that we need to -
Gigray: I think the Clerk has a resolution that you can just execute that what you've just
done as the resolution. There will be a certificate and I think we prepared that way back
and if it's somewhere in the office. We'll get it straightened out.
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Meridian City Council Meeting
October 20, 1998
Page 3
ITEM NO.2: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION:
Rountree: I believe this item is subject to a special meeting we're having Thursday
night. So I would move that this item be tabled until our next regularly scheduled
meeting November 4th.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to table item number two
until the November 4th meeting. Any further discussion? Hearing none, all in favor of
the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.3: ORDINANCE #804 CREATING THE POSITION OF AND PROVIDING
FOR THE DUTIES OF THE ASSISTANT CITY CLERK:
Bentley: Mr. Mayor I have a question. Did we discuss I thought we had prior of
changing that to Deputy Clerk?
Corrie: Assistant City Clerk to Deputy Clerk, I believe we did, rather than assistant.
Bentley: I thought that was discussed.
Corrie: It was.
Bentley: We can pass and just substitute the word deputy wherever assistant is in there
if nobody has any objections to that.
Corrie: Do I hear any objections from Council?
Rountree: I have no objections with the change of assistant to deputy. I would like to
hear some comments from the City Clerk as this ordinance may relate to the execution
of that position.
Berg: Thank you Mr. Mayor, Councilman Rountree, members of the Council, I've
looked through the ordinance. I guess my only concern is setting guidelines and
precedence for other assistants or deputies that may be needed for other departments
as well as further deputies in my department as the city grows. I have maybe one or
two comments. One is it refers to in the summary as providing in addition of a new
section, section 1-804A and we do have that section al ready. So I don't know if this is
an addition to that existing section. The attorney may have to answer that. Second is
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Meridian City Council Meeting
October 20, 1998
Page 4
just to - we're going this job descriptions and assessment of our jobs and salary
surveys and I would just probably like some guidance of when we have these assistants
and deputies perform other duties-I would say in case of being out of town or unable to
perform those duties, if they need to have other certain requirements that we need to
add to those job descriptions as far as abilities or qualifications or that sort of nature. I
believe that is all the comments that I have just right off the bat, do you have any other
questions for me?
Bentley: What are you referring to? If somebody-you step out and they step up into
your position, is that what you are referring to?
Berg: Mayor, Councilman Bentley, my reading this ordinance it more or less said to
keep the everyday business and management of the city affairs in order, what I'm just
asking is if we need to set any other guidelines or qualifications in there job descriptions
while we are going through this job survey with lEe, if we need to add some of those
qualifications or not for assistants? Because essentially, this position, in case of
emergency happens, could be appointed-I wouldn't say a temporary basis, but
appointed as doing the duties of the clerk or the treasurer or the engineer or something
of that nature, that was just my question.
Corrie: Are you saying we use this deputy clerk to fill in other areas? Or just in your
area?
Berg: No, just a generic guideline as far as the city grows if we are going to add other
deputies or assistants to other departments, because as far as I understand reading the
ordinance this is probably the first one that has ever been addressed by our ordinance.
Bentley: I thought part of the reasons for having this in your department was to cover
for when you were gone because there are official documents that have to be signed
and processed and the show doesn't stop because you are not here or whoever is in
that position isn't here. .
Berg: Yes, I understand that. I wasn't in your discussions previous. Anna was I think in
that position, you appointed her to be able to sign documents, in my absence and I don't
have that problem. I'm just saying as we are going through this salary surveys and job
descriptions if we needed to do anything additional or set other guidelines for other
departments that maybe we should.
Bentley: That would be addressed as the needs come up in the other areas.
Anderson: Mr. Mayor?
Corrie: Mr. Andersn.
Meridian City Council Meeting
October 20, 1998
Page 5
Anderson: I have a question of legal counsel, Bill is this something that is necessary for
us to do it this way or could simple appointment-I guess in the chain of command can
somebody else fill in in Wills position, or is this something that we need to do by
ordinance?
Gigray: Mr. Mayor, Councilman Anderson, in response to your question, I think it is
good to provide for this position in the codes so that it is clearly outlined that if whoever
ascends to this position has the ability to act in the place of the city clerk, and so as I
understand it and based on the findings in section one of the proposed ordinance there
will be-as I understood it, there was a need in the absence of the clerk to have
someone be able to execute documents with full authority and this ordinance would
make clear that that full authority did exist. As far as changing the name from assistant
city clerk to deputy, I think you could just note for purposes of passage of the ordinance
that it is the word assistant where it appears is struck and in place in it stead is the word
deputy. There was also a codification question I believe on the part of the city clerk.
The reason for the proposed 1804 A is that there is a 18045. Yau have a 1804, with a
subsection A, 8, and C, but those are subsections and this is a format that has been
used before as I understand it in the code and also used by the Idaho, the state of Idaho
code when trying to fill in when you don't have any space between the existing codified
sections without renumbering all the rest of them and that's why that is denoted. That is
not a subsection A, that is a section.
Corrie: Any further questions or discussions? Okay, hearing none, then I will-
ordinance #804 is an ordinance to the City of Meridian Idaho amending chapter 8, title 1
of the Municipal code of the City of Meridian providing for an addition of a new section
1-804 A creating the position and providing for the duties of deputy city clerk. Is there
anyone from the audience who would like to have the Ordinance #804 read in it's
entirety. Hearing none, councils pleasure.
Rountree: Mr. Mayor, I move that we approve Ordinance #804 with the following
amendments that on line 4, in the title of the Ordinance reading for the, the correct
spelling of duties should be included and any reference in the remaining of the body of
the ordinance to assitsant city clerk be changed to deputy city clerk. Authorize the
mayor to sign and city clerk to attest.
Anderson: Second.
Corrie: Second by Mr. Anderson. Comments?
Bentley: Are we going to suspend the rules?
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Meridian City Council Meeting
October 20, 1998
Page 6
Rountree: Weill suppose we can make another motion to that effect or I'll move to - I
can move to amend my motion.
Anderson: I'll withdraw my second.
Rountree: Mr. Mayor I move that we adopt Ordinance 804 with the change in the fourth
line to the correct spelling of duties, the correction of all references to Assistant City
Clerk to Deputy City Clerk, authorize the Mayor to sign and the Clerk to attest with
suspension of rules.
Anderson: I'll second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve Ordinance
#804 with suspension of rules and corrections as noted. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO.4: ORDINANCE #805 - ANNEXATION AND ZONING OF 1.18 ACRES BY
WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE:
Corrie: Is there anyone from the audience who would like to have Ordinance #805 read
in its entirety? Council discussion? I'll entertain a motion on Ordinance #805.
Bentley: Mr. Mayor I move that we approve Ordinance #805 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept Ordinance #805 with
suspension of rules. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: Item number 5 and 6 will suspended until later this evening, the last. Move on
to item number 7.
ITEM NO.7: DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS:
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Meridian City Council Meeting
October 20, 1998
Page 7
Rountree: On page 9 there are some blank line in there that reference to an address for
developer and copies to - I believe those ought to be filled in before we take action on
this. At least we ought to note who those ought to be.
Corrie: Mr. Gigray can you help us on that one or do they need to have the - let's have
the Planning and Zoning - can you give us the addresses and this will be the 20th day.
Is that when the agreement starts?
Hawkins-Clark: I'm sorry, could you repeat that Mayor?
Corrie: Yes on the development agreement, we have two blanks that says enter this
blank day of blank, 1998.
Rountree: No, page 9, there's a couple of addresses that are missing.
Corrie: I'm sorry. Okay. The developer.
Rountree: We've taken care of the city, but we haven't care of the rest of our work
there.
Corrie: Can you help us on page 9 on that one?
Hawkins-Clark: Page 9, you're referring to number 12 for the -
Corrie: Yes. We need the developer address. Do you happen to have that?
Hawkins-Clark: I could get that out of the file.
Rountree: ... would be sufficient for me to know that it's Eagle Partners too and cc to
whom.
Bentley: Mr. Gigray, have you reviewed the development agreement?
Gigray: Yes, we prepared it.
Bentley: Everything is in order then?
Gigray: We believe so and in accordance with your findings.
Bentley: Thank you.
Gigray: But I can't tell you the address.
Meridian City Council Meeting
October 20, 1998
Page 8
Rountree: Just knowing who the second party would be.
Gigray: It might be helpful.
Hawkins-Clark: Just for the record the developer did say that the original signed copy
that was submitted to the Planning and Zoning Department did have that completed in,
what you're looking at are simply copies of the - but it is Eagle Partners, LLC, P.O. Box
44809, Boise, Idaho 83711.
Rountree: No cc's so we strike that.
Gigray: Mr. Mayor with your permission and in answer to Councilman Rountree's
question, that is correct. There is a signed document because that was one of the
reason we held this up until we had it. Does the Clerk have it? It was supplied to my
office and then I directed it be supplied to -
Rountree: This one's taken care of.
Corrie: Mrs. Butler out there smiling now.
Bentley: She got her breath back.
Berg: Mr. Mayor, members of the Council just for the record, it's Eagle Partners as the
developer with a copy to go to JoAnn Butler. Her address is 607 N. 8th Street, Boise,
Idaho 83702.
Corrie: And further corrections or additions?
Rountree: Do we have a resolution number?
Corrie: Mr. Gigray on page 12 kind of refresh my memory why is there signatures for
the Mayor and then two commissioners?
Gigray: The copy that you're looking at or the one that the City Clerk has those x
through, if I'm not mistaken.
Berg: Mr. Mayor members of the Council, they are crossed out. They are not needed
for the document.
Corrie: Any other questions?
Rountree: City Clerk is going to go find a resolution number for our resolution.
Meridian City Council Meeting
October 20, 1998
Page 9
Corrie: I think you have a copy attached to your packet.
Rountree: Just need a number.
Corrie: If the audience is wondering what we're doing up here, we're waiting for the City
Clerk to give us a resolution number. There he is.
Rountree: Let's start at 200.
Corrie: Okay resolution number 200 is a resolution of the City Council of the City of
Meridian stating for certain findings and purposes authorizing the Mayor to enter into on
behalf of said municipality an agreement entitled development agreement dated this 6th
day of October, 1998 be and between the City of Meridian and Eagle Partners LLC.
Bentley: Mr. Mayor I move we approve resolution number 200, authorize the Mayor to
sign and the Clerk to attest.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to authorize the resolution
#200 signed by the Mayor and attested by the City Clerk.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain.
MOTION CARRIED: 3 ayes, 1 abstain.
ITEM NO.8: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT BY EAGLE PARTNERS - NORTHWEST CORNER OF
EAGLE ROAD AND MAGIC VIEW:
Corrie: Council you have the conditional use permit Findings of Fact and Conclusions
of Law by the Planning and Zoning Commission. Any comments, discussions?
Rountree: I guess I just have a process question for Mr. Gigray. We're seeing some
things in different formats these days and this is a format that I don't think any of us are
familiar with. It starts out as a Findings of Fact and Conclusions of Law and Order of
Decision in reference to the statement on the last page it refers to this Order and
Decision. Page 29.
Gigray: That can be changed.
Rountree: One and the same or should it be of?
Meridian City Council Meeting
October 20, 1998
Page 1 0
Gigray: I think to be consistent, that's a good observation. That could be "of'.
Rountree: Okay. I have this dated 1 0/19. That's the only question I had on the format
of it.
Gigray: Mr. Mayor I didn't know whether or not Councilman Rountree just wanted a little
explanation as to the format.
Rountree: I think that would be helpful. It's self explanatory other than the last page
didn't seem to be consistent with the first pages and they are now.
Gigray: The idea of this obviously with the Order of Decision is that there is a based on
your Findings of Fact and Conclusions of Law and what you've been doing and for the
cause you find. We've pull this off as a Order of Decision and as a conditional use
permit and then it can be retrofitted just so that when the conditional use permit is out
there, this is the permit itself.
Corrie: Any further discussion?
Rountree: I have none. Mr. Mayor on the Order of Decision, I make a motion that the
City Council hereby adopts and approves this Order of Decision.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to the City Council to
adopt and approve the Order of Decision. Any further discussion? All those in favor of
the vote say aye. I'm sorry, roll call.
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain.
MOTION CARRIED: 3 aye, 1 abstain.
ITEM NO. 12: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
PROPOSED WHITESTONE ESTATES NO.3 BY WHITESTONE PARTNERSHIP-
WEST OF LINDER AND SOUTH OF FRANKLIN.
Corrie: At this time I'll open the public hearing and request the developer to start first.
CHARLES EDDY 1295 S. EAGLE FLAT WAY, BOISE WAS SWORN BY THE CITY
ATTORNEY.
Eddy: Good evening, this is a conclusion to the Whitestone Estates Subdivision which
was master planned to extend down to Waltman Lane. However since the time of the
Meridian City Council Meeting
October 20, 1998
Page 11
original preliminary plat and now, the School District has purchased approximately 12
acres south of the Kennedy Lateral which required us to modify the existing preliminary
plat which you have in front of you to fill in the remaining two acres there on the north
side of the Kennedy Lateral. Pin Tail Drive has been improved for the most part.
Utilities and services are in, however, we did require to reconfigure basically the corners
of the project to accommodate for the new turn around that ACHD require prior to this
with the old preliminary plat. They were to extend to the south. So we've reconfigured
the corner lots to accommodate the new turn arounds. Again it's a pretty straight
forward project. The services are in. There is a 25 foot pedestrian access easement
there on the westerly side of the property which the school district requested for access
to the school once it's built. I'd happy to answer any questions if you have any.
Rountree: I have none from Mr. Eddy. I would have some for staff. Mr. Mayor, Gary,
do you have issues, concerns with the preliminary plat?
Smith: No, sir, I don't. Everything has been worked out. Thank you.
Rountree: I'm getting an afffrming nod from P & Z? Kenny? Okay.
Corrie: Is there anyone else from the audience who would like to issue testimony on
item number 12, Whitestone Estates Subdivision No.3? Hearing none, questions from
the Council? I'll close the public hearing. I'll entertain a motion on the preliminary plat
for the proposed Whitestone Estates Subdivision No.3.
Rountree: Mr. Mayor I move that we approve the preliminary plat for Whitestone
Estates Sub. No. 3 subject to conditions of staff.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the preliminary
plat of Whitestone Estates Subdivision subject to comments of staff. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: APPLICATION FOR BEER AND WINE LICENSE BY JACKSON'S FOOD
STORE.
Corrie: Council, do you have any questions at this point on this?
Bentley: Mr. Mayor question for Captain Musser. Do you have any problems with this
application?
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Meridian City Council Meeting
October 20, 1998
Page 12
Musser: Mr. Mayor and Councilman Bentley, I don't have any problems with this. The
Chief has previously signed it off and marked it for approval and he didn't have any
other negative comments to pass on to Council this evening.
Bentley: Thank you.
Corrie: Any further discussion, questions?
Bentley: Mr. Mayor I move we approve the beer and wine license for Jackson's Food
Store.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the application
of the beer and wine license by Jackson's Food Store #35. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF
GARAGE TO BEDROOM AND BATHROOM BY MELA. LACY -1414 N. MERIDIAN
ROAD.
Corrie: Council have any questions on the conclusions of law on this application for
conditional use permit?
Gigray: Mr. Mayor and members of the Council I just would report that the attorney's
office have received no communications from this applicant with regards to any
problems with this conditional use permit.
Corrie: Any further comments, discussion?
Rountree: I have none.
Bird: I have none.
Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law in front of
us.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law as prepared for us by Planning and Zoning.
Bird: Second.
Meridian City Council Meeting
October 20, 1998
Page 13
Corrie: Motion made by Mr. Rountree and second by Mr. Bird to approve the Findings
of Fact and Conclusions of Law before us from the Meridian Planning and Zoning
Commission. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All aye.
Bentley: I move the City Council of the City of Meridian approve the conditional use
permit set forth with these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law and any other conditions required by the
Meridian City Council.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird on the decision and
recommendation that has been read. Any further discussion? All those of the decision
and recommendation say aye.
MOTION CARRIED: All ayes.
ITEM NO. 15: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE,
UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON -
46 E. PINE.
Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's has
received no communications from the applicant or anyone on behalf of the applicant
raising any objections to the conditions or concerns.
Corrie: Any discussion, questions? I'll entertain a motion on the Findings of Fact and
Conclusions of Law.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law as prepared for Planning and Zoning.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of
Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning
Commission. Any further discussion?
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Meridian City Council Meeting
October 20, 1998
Page 14
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: I'll entertain a motion of decision and recommendation.
Rountree: Mr. Mayor I move that the Meridian City Council approve the conditional use
permit for the uses set forth in these Findings of Fact and Conclusions of Law as
requested by the applicant for the property described in the application with conditions
set forth within the Findings of Fact and Conclusions of Law and any other conditions.
Anderson: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the decision
and recommendation as read. Any further discussion? All those in favor of the motion
say aye?
MOTION CARRIED: All ayes.
ITEM NO. 16: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL
SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND
FAIRVIEW:
Corrie: Mr. Gigray, any comments?
Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's office
has received a communication from a Mr. Larry Durkin representing the applicant (End
of Tape)
Gigray:.. problems with any of the terms and conditions of the conditional use other than
they have a problem with the words, "per parking row" as appears in condition 12A at
the top of page 12 as reference to I believe landscaping areas and parking areas.
Other than that we've received no communications with regards to any problems with
the proposed conditional use from the applicant.
Corrie: Any further discussion?
Bentley: I have no discussion.
Rountree: No comment.
Anderson: None.
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Meridian City Council Meeting
October 20, 1998
Page 15
Bird: None.
Corrie: Okay, I'll entertain a motion for approval of Findings of Fact and Conclusions of
Law.
Bentley: Mr. Mayor I move the City Council City of Meridian adopts the Findings of Fact
and Conclusions of Law as presented by P & Z with the exception of on page 11,
striking the words, "per parking row."
Corrie: That's based on the record before you then?
Bentley: Yes.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept the Findings of Fact
and Conclusions of Law as recommended by the Planning and Zoning Commission with
the striking the last three words on page 11, "per parking row" based on the record
they've received in front of them. Any further discussion?
Bentley: Mr. Mayor I guess I have an older edition. Mine shows page 11. The city
counselor shows it on page 12. I'd say it's at the end of paragraph 12, subparagraph A.
The copy he's got shows it on 12.
Gigray: Mr. Mayor for purposes of clarification the city attorney's office received the
action of the Planning and Zoning Commission which had proposed Findings which
included hand written those words were hand written and we prepared a final draft with
those typed in and so that's why that appears on different pages. But it's the same
words and it includes I think the word wide was inserted after in subparagraph Dafter
20 foot buffer zones and those are included in this draft so they're typed and not in -
Bird: Has the developer seen the typed one? Is that what he's agreed to?
Gigray: I believe the developer has seen the document.
Corrie: So we're talking about item 12A.
(Inaudible)
Bird: I'll withdraw my second. Let's redo it right.
Bentley: Okay, I'll withdraw my motion and restate it. Mr. Mayor the City Council, City
of Meridian hereby approves the Findings of Fact and Conclusions of Law as presented
(
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Meridian City Council Meeting
October 20, 1998
Page 16
by the Planning and Zoning Commission with the exception to strike in paragraph 12A
the last three words, "per parking row" be stricken on page 12.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact
and Conclusions of Law as presented by the Planning and Zoning Commission striking
item 12A the last three words, per parking row, based on the record they have in front of
them. Any further discussion?
ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea.
MOTION CARRIED: All ayes.
Corrie: I'll entertain a motion of the recommendation and decision.
Bentley: Mr. Mayor the City Council of the City of Meridian hereby approves the
decision that they approve the conditional use permit for the uses set forth in these
Findings of Fact and Conclusions of Law as required by the applicant for the property
described in the application with the conditions set forth in these Findings of Fact and
Conclusions of Law and any other conditions required by the City Council City of
Meridian.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the decision and
recommendation as read. Any further discussion? Hearing none all those in favor of
the motion say aye?
MOTION CARRIED: All ayes.
Rountree: Mr. Mayor I'd like to take a moment to express my appreciation to the
Planning and Zoning Commission for the work they did, the long hours and patience,
the _same to the citizens. The hours and time they spent with the city in crafting the
conditions for this development and to the developer for sitting with us. I appreciate
your time and your efforts.
Bentley: Mr. Mayor I need to add a point of clarification. The reason that per row was
struck is it becomes a site obstruction and it's really kind of a hazard, so we're trying to
eliminate the hazard in there.
Corrie: Okay, we will go back to item number five.
Meridian City Council Meeting
October 20, 1998
Page 17
ITEM NO.5: ORDINANCE NO. 806 - ANNEXATION AND ZONING OF 36.71 ACRES
FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER
DEVELOPMENT LLC --EAST OF BLACK CAT I USTICK INTERSECTION AND
SOUTH OF USTICK ROAD:
Corrie: Counselor, how can we do this? I think we have some new information and you
can kind of help us on this a little bit.
Gigray: Mr. Mayor, members of the Council, I had been directed by the City Council to
prepare Findings of Fact and Conclusions of Law and to do an annexation ordinance
which would provide for a zoning and a development agreement and then subsequent
City Council action regarding approval of preliminary plat which was denied and then a
denial of the conditional use permit. I felt put us in a situation and it would be my advice
to City Council that it should revisit the issue of whether or not it wants to go ahead and
zone this property and annex it without requiring a development agreement because of
the subsequent action. I also have a memo which I believe is provided in your packet
that we could and I would recommend a procedure under the preliminary plat approval
portion of the subdivision ordinance that you convene and direct the Planning and
Zoning Director and the Public Works Director to have an informal conference which
that ordinance provides for which we would provide notice to all interested and affected
parties to see whether or not there could come a recommendation out of that informal
conference back to the City Council about this whole matter. I have since the
preparation of this memorandum been advised that the applicant may - has hired a new
engineering firm. They may come at this with a whole different proposal, and I think it
might be in order to hear from them in terms of what their intentions are at this point in
time as to whether or not they want to proceed with something that would be like what
my recommendation to the City Council is, or whether or not they want to consider
pulling all of the applications at this point and resubmitting new applications. If they
would state that on the record my recommendation would be that as long as they are
representing the applicant and that's on the record, then the City Council could simply
leave the action where it is and not proceed any further and they could resubmit a new
applications and at this point I don't know what the applicant's position is.
Bowcutt: We've been retained by Steiner Development as their representative and their
engineer on this project. We solely will be working on this project with Steiner. I have
talked with Shari. I have talked with Bruce. I had a conversation with the Mayor this
morning. Getting input on what's transpired we've been at some of the hearings where
the Wilkins Ranch project was being heard. We understand the problems associated
with the project. We have been retained to work with the city to come up with a plan
that is acceptable and palatable. We pointed out some items in their existing plan which
we had problems with also. They have given us the go ahead to go into a redesign. I
received a copy of the memo written by your attorney. It is quite thorough. I mentioned
to Mayor Corrie this morning what we would like to propose. I do see some problems
Meridian City Council Meeting
October 20, 1998
Page 18
with proceeding with the annexation where we do not have a development plan, trying
to come up with a development agreement that isn't tied to anything. I do see that as
problematic. In order to kind of cut through the complications, we would ask that the
City Council remand all three applications back to the Planning and Zoning
Commission. I explained to Mr. Steiner that he would be responsible for paying
additional costs for review, legal notice, property owner notification, but that would give
us an opportunity to go in and basically rework this project. We feel that it does have
potential with the right guidance and I think the attorney's suggestion to get with the
staff and have a round table discussion is an excellent one. Because obviously the
communication between the city and the applicant has broken down somewhere in the
process and they got a little bit off base, so I would welcome an opportunity to hear the
criticisms, the recommendations from your staff, and I think it's an excellent idea. But
we would like to be remanded back to the Planning and Zoning Commission because
obviously what we proceed forward with will not resemble what was before you and
what they saw in the past. Do you have any questions?
Corrie: Thank you Becky. Okay with those-
Gigray: Mr. Mayor just a point of order and procedure, Mr. Mayor and members of the
Council, the applicant you might at this point determine whether or not anyone is
appearing here as a potential protestant or objector to this project as to whether or not
they have any cause why the Council shouldn't entertain a motion to remand. If you
entertain that motion, then what I would suggest that you do is rescind your actions of
denial of the conditional use permit and of the preliminary plat and your action of
annexation and zoning subject to a development agreement and then for cause stated
here at this motion that was just made and then remand it back to Planning and Zoning.
Corrie: So we need that from the developer?
Gigray: I think that motion has been made. I believe that she has represented here that
she represents the applicant and developer and has full authority to make that request.
Corrie: Then item number five and six would both be remanded back to the Planning
and Zoning along with annexation. Is that correct?
Bentley: Mr. Mayor, Counselor do we do this in one motion or do we have to take three
separate motions?
Gigray: I think you can do it in one motion unless somebody moyes to separate the
motion for some reason. If they wanted to handle one item at a time. I would suggest
that if there were anyone here who had objection to this particular motion you may want
to hear that since this matter was noticed this evening. If there is anyone appearing.
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Meridian City Council Meeting
October 20, 1998
Page 19
Corrie: Is there anyone here tonight who objects to that proposal of sending it back to
the Planning and Zoning? Hearing none, I'll entertain a motion for the rescinding
sending it back all three five and six and the annexation.
Bentley: Mr. Mayor I would move that the City Council rescind the denial of the
preliminary plat and the conditional use permit and the approval of the annexation and
zoning and remand all three of these actions back to P & z.
Bird: Second.
Corrie: Motion made by Mr. Bentley and second Mr. Bird to rescind the Findings of Fact
and Conclusions of Law the conditional use permit and the annexation and zoning and
the development agreement and remand it back to Planning and Zoning for rehearing.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO.9: DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS
SUBDIVISION BY FARWEST DEVELOPERS:
Corrie: Mr. Gigray do you have a comment on that?
Gigray: Mr. Mayor and members of the Council, the applicant, and anyone else
appearing, we have prepared a development agreement that has the provisions in it that
are in accordance with the actions that have been taken and as you can see it has
appended to it, the Findings of Fact and Conclusions of Law for your review. What
we're trying to do here is to standardize the format in which our development
agreements are prepared. We're in the beginning stages of that. As you will see just
basically in its presentation it will have the same flow about it that Eagle Partners
development agreement has. The conditions of course are different. It's a different
matter and we took the information that was provided in the draft I think you have an
earlier draft agreement probably in your packet as well to incorporate these provisions
to try to standardize these forms. I believe we have the address of the developer, but
no address for a copy to if there is any, and I would just defer to any other questions
you might have.
Corrie: Any further questions from Counsel? Hearing no further comment. Resolution
201 is a resolution of the City Council 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 City of Meridian Grantor. I'll entertain a
motion on resolution 201.
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Meridian City Council Meeting
October 20, 1998
Page 20
Rountree: Mr. Mayor I move that we approve resolution 201 authorize the Mayor to
sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve resolution 201.
Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 10: ORDINANCE #806 - ANNEXATION AND ZONING OF THOUSAND
SPRINGS SUBDIVISION BY FARWEST DEVELOPERS:
Corrie: Is there anyone from the audience who would like to have Ordinance #806 read
in its entirety? Hearing none, I'll entertain a motion on Ordinance #806.
Bentley: Mr. Mayor I move we approve Ordinance #806 with suspension of rules.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #806
with suspension of rules. Any further discussion?
ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, yea.
MOTION CARRIED: All ayes.
ITEM NO. 11: REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOWS
SUBDIVISION NO.2 BY GEM PARK II - EAST OF LOCUST GROVE, NORTH OF
VICTORY:
Corrie: Staff do we have any comments on the final plat? Gary?
Smith: Mr. Mayor, Council members, I guess we have one continuing item that we've
discussed before that the applicant's representative takes exception to and that's item
number ten in the site specific comments concerning the use of (inaudible) front of
house orientation arrow on the final plat. The ordinance specifies that in an R-4 zone
an 80 foot frontage is required. When you get to a corner lot, it's not explicit as to how
you should measure that frontage. My policy over the last six year, seven years maybe,
has been to utilize one half of the curb for each side of the lot that fronts the street and
in a lot of cases now, they are doing away with the curb and they have a little chord
dimension chord line between the two side street lines. So I've been using one half of
that distance added to each side of the lot that fronts the street and using that to
Meridian City Council Meeting
October 20, 1998
Page 21
determine whether or not it meets the 80 foot frontage. I guess that at this point I need
your assistance as to whether or not that's appropriate. And that's the question that the
applicant's engineer is asking. We've been down this road several times before. And
as she points out, it's not an ordinance requirement. It's a policy that I've established
and have used for the past many years. Other than that we don't have any comments.
We are in agreement on all the other comments that were made during our review and
they've responded accordingly. That's alii have Mr. Mayor.
Corrie: Council your ideas or decision on that one.
Bentley: Mr. Mayor I have no problem with that being a condition. It's worked in the
past.
Corrie: Any comments?
Rountree: Mr. Mayor I just had a question. Did Planning and Zoning have any
comments as it related to this. They were taken care of in the comment response.
Hawkins-Clark: The Planning and Zoning is in agreement with the comments.
Rountree: Okay. Mr. Mayor if there is no further discussion I would move that we
approve the final plat for Sherbrooke Hollows Sub. No.2 subject to conditions of staff.
Anderson: I'll second that.
Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the final plat
for Sherbrooke Hollows No.2 Subdivision subject to conditions of staff. Any further
comments? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Thank you Beck for getting here. Went well in Boise?
Rountree: Mr. Mayor I would move that we take a short recess.
Corrie: Okay we'll take a short recess.
TEN MINUTE RECESS.
DEPARTMENT REPORTS:
A. GARY SMITH:
Meridian City Council Meeting
October 20, 1998
Page 22
1. CHANGE ORDER FOR TULLY PARK.
2. FINAL PAYMENT ON DRILLING OF WELL #20.
Smith: I can go down through these items of change if you'd like. Basically they're bid
item changes and we add because of the wet conditions that we experienced on the site
we add some gravel that we had to construct access road for the driller and then also
included a cost for the pump testing of the well. There were some deductions along the
way on a couple of those items which came to a net change in the contract price of a
plus $10,692.87.
Corrie: Any questions of Mr. Smith on the change order?
Smith: And I might add that we did get some excellent water quality. We got a good
flow. It's an artesian well. We're very happy with it. It's going to be a good one,
another good one.
Bentley: Is it going to be hooked to my house?
Smith: Not directly sir.
Rountree: I read with interest lately some information on municipalities that are going
into the bottled water business when they discover good water. It's another source of
revenue we might want to explore if we have an artesian well.
Smith: Yes, that's a good point too because it's my understanding a lot of the bottled
water is non-regulated and you need to be careful on bottled water.
Bird: Mr. Mayor I move that the City Council approves the net increase to the original
contract of $10,692.87 to add to the $93,097 for final contract of $103,789.87.
Anderson: Second.
Corrie: Motion made by Mr. Bird second by Mr. Anderson to approve the net change
price contract in the amount of $10,692.87. Any further discussion? All those in favor of
the motion say aye.
MOTION CARRIED: All aye.
Smith: Thank you Mr. Mayor and Council.
3. AWARD OF CONTRACT OF WATER TANK.
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Meridian City Council Meeting
October 20, 1.998
Page 23
Smith: The third item I have concerns the recent bid opening we had for construction of
our two million gallon water tank. I believe that you have packets of the information that
I put together concerning the sequence of events following the opening of the bid for
that project. The bids were open on - I'll just summarize some of the things that have
taken place if it's all right. Bids were opened on the 29th of September of this year and
we received six bids. All bids were deemed responsive and were read. The low bid
was submitted by Allied Construction Company. The amount of that bid was
$1,2443,883.00. It was approximately $253,000 less than the second low, which was
$1,497,000 submitted by McAlvain Construction out of Boise. Bid number two
McAlvain, bid number three by Wright Brothers, bid number by Ewing Company. The
spread on the bids from two to four was $51,000. In our analysis of the project the
value of that project is 1.5 million dollars. After some consideration by the low bidder,
Allied Construction, and after num.erous phone calls and you can see the chronology of
events that took place between our consulting engineer, John Wiskus, at CH2M, and
the contractor, Allied Construction has submitted a written request to us to withdraw his
bid without penalty due to substantial clerical errors. We requested and we received a
copy of their bid tabulation. After both John Wiskus and I reviewed that bid tabulation I
can certainly understand the bid. We couldn't get it to add up, but I can understand the
confusion that they experienced and I can understand the difference that showed up
between this bid and others that were submitted. I believe that if this bid is awarded to
Allied Construction that they will go forward with the project because I don't believe that
they will want to forfeit their bid bond. It's my understanding in talking to several
construction people that they would rather - contractors would most generally rather
give up their first born than their bid bond, and the reason for that is that once they give
up the bid bond, it's going to be tough for them to bid again. It will be hard for them to
get bonding. Very difficult for them to get bonding, and Councilman Bird understands
and agrees with that concept or process. Again it's clear that the value of this project is
1.5 million. The bid are to remain open for 90 days and we have 65 days after the bid
opening to award the bid and that date would be December 3, 1998. My concern is that
we get going as fast as we can to get the tank built. So that we can be prepared for to
help prepare us for next spring's construction on slot, which I think we're going to have.
City Attorney, Bill Gigray, I've been working closely with him and he's submitted a
memo to me concerning the legal aspects of all of this. Does Mayor and Council have a
copy of this memo, Bill?
Gigray: I just gave it to you.
Smith: Okay.
Gigray: I wasn't sure how you wanted to proceed this evening and so I just thought I
would advise you of that and then you can recommend to the council as you think you
should move forward.
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Meridian City Council Meeting
October 20, 1998
Page 24
Smith: I don't think that we have a responsible low bidder. It was responsive, but I
don't think we have a responsible bidder. There is a section in the state statutes that
allows for relief of bids. Certain conditions have to be satisfied in order to do that. And I
don't think that all the conditions can be satisfied based on that statute. But if we go
forward with this bid to Allied and award this bid to Allied it will mean number one that I
will have to hire an inspector that's full time on site with facilities. That person will be
there full time. It's my feeling that with this much difference between bids, this much
money on the table, that the contractor will make every effort that he can to recover that
money through change orders and I just perceive that it's going to ,be extremely time
consuming process in managing this construction contract. We're not going to get the
$250,000 the advantage of that money. Maybe a portion of it, and I can't say for sure
how much. But it will not come easily in my opinion. So I don't know, from a legal
standpoint, I guess I've read Bill's memo and I understand what he said. I guess it
would be my opinion that the bid should be awarded to the second low bidder as a
responsible bidder.
Bentley: I'd like to know what Bill did say.
Bird: I've got a question to ask first.
Gigray: Mr. Mayor and members of the Council the memo that prepared was just and
Gary's worked closely with me on this and I wasn't sure whether or not he was prepared
to make a recommendation this evening or not. I believe he perceives it's in the best
interest of the City to make that recommendation which I'm well assured he's thought
long and hard about the issue that you have to be concerned about from a legal
standpoint is it appears to me that in order for the lowest bidder here, Allied, to obtain
relief under Idaho Code 9 54-1904B and subsection C they would have had to provided
the city with written notice that their bid - of the bid opening that they had a mistake that
was material to the bid. If they had done that and then provided the appropriate
documentation of that mistake and clerical error, then they could claim relief under this
statute and withdraw their bid. Otherwise once a bid is opened, it cannot be withdrawn.
Then the procedure is if the city has to determine when it awards the bid who is the
lowest responsible bidder? That's required by Idaho Code 9 53-41 C and this is the
point of which Gary Smith the Public Works Director is making a recommendation to
you based on his analysis that the lowest responsible bidder is in fact the second lowest
bidder. If that's your finding then that will in essence provide relief to Allied that it
couldn't otherwise get under the other code section would release the bid bond and
then you would proceed to award that bid and enter into a contract with the second
lowest bidder. If you determine that the lowest responsible bidder is Allied, then what
you would do is offer the contract. If they don't enter into the contract, then of course
the bid bond would be forfeited and then that's put into a special deposit for the offset of
costs as well as the amount from the difference of their bid and the next lowest bid
which I think in this instance would consume it all because the distance is so great. And
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Meridian City Council Meeting
October 20, 1998
Page 25
as has been advised by the Pubic Works Director his experience is that most likely that
would not occur because of the ramifications to Allied. And then he's explained the
circumstances that he would have in terms of that process, so I think you have in your
discretion and in your review of the information in front of you and the report of the
Public Works Director, I think you can exercise your discretion about how to proceed at
this point. And I think his recommendation is reasonable under the circumstances. I
can tell you I've had personal experience with other cities where we have been not with
this type of situation but with other issues about involving whether the City Council
should award a bid to the lowest bidder, the second bidder because a claim that a bid
didn't meet the bid specs. And it really drove home to me in doing my research of that
particular issue that the central question the City Council has to determine is who is the
lowest responsible bidder. And I have a copy of this memo if -and I apologize, I just
wasn't sure that we were going to this point today for your review. It just cites the
statutes that I'm referring to, but that's the overview.
Bird: As I understand what you said different than I understand the public works of it,
we can give them back their bid bond or do we retain their bid bond?
Gigray: Well the bid bond would go back if you determine that they are not a
responsible bidder and that the lowest responsible bidder is McAlvain.
Bird: Counselor isn't it the bid bond within the bid documents, they have certain time
they have to -
(Inaudible)
Bird: We have to offer them the contract, that's true. I'm willing to make a motion that
we give them back their bid bond, tell them bye and take McAlvain's bid. Because I
believe that the 250 savings on the bid would cost us about 500 when the job got done.
Gigray: Yeah I would say in my opinion the way to do that would be to find that
McAlvain Construction is the lowest responsible bidder, and I think it will take care of
itself from that point.
Rountree: My only comment to that is that it would be nice if it worked the other way as
well.
Bird: If what?
Rountree: If we could dodge the bullet as easily as the contractors can in these
arrangements. I flat don't like doing what we're going to do, but I can't disagree.
Meridian City Council Meeting
October 20, 1998
Page 26
Bird: But you can either do it now or have $500,000 worth of change orders in six
months.
Rountree: I've been there. I know what you're talking about.
Bird: You know what I'm talking about. Charlie I agree with you, but I think we ought to
take the European system period. Let's go with the middle bidder. That's where I'm at
half the time.
Smith: Mr. Mayor may I add one other comment, and I will rely on Mr. Gigray's opinion
here, but if we release this bidder from his low bid obligation, does he need to other
than the letter that he's written requesting to be released, is there anything else that we
need to do to him or for him so that he has - so that we have no obligation to him for
this bid that he submitted so we sever the tie if there was any of receiving his bid.
Bird: Well this will go on the public record as him being released so that this will come
out the next time he ask for a bid bond or a performance bond. This will be marked
against his deal by asking to be released after and that's fine.
Smith: Do we have legal obligations beyond this letter that he submitted to us.
Corrie: I think so. Mr. Gigray -
Gigray: Mr. Mayor and members of the council, in answer to your question of the Public
Works Director in my opinion the record has been made here for you to find to the
lowest responsible bidder. That record is based on the recommendation of the Public
Works Director as well as the record that has been supplied that is in your packet which
is the memo and the material supplied by Allied as to the problems with their bid and it
would seem to me that if you made a finding the lowest responsible bidder under the
statute 53-41 subsection C which says you are to award it to the lowest responsible
bidder. You have made that finding and based on a record that's before you. In other
words, it's not just out of the air. It's not just an allegation made lightly by the Public
Works Director. I think there's a very complete record as to why you made that finding.
And then they would have to sue the city for failure to comply with 53-41 C and of course
the remedy would be for them to obtain the contract that they proposed to enter into
which evidence of their own documentation is that they couldn't perform so I feel very
comfortable with the recommendation. It's exasperating that you could have a bid
submitted like this and then they don't qualify for the protection of withdrawing their bid
that the statutes require and still end up with this kind of result. But I think you have to
decide what's in the best interest of the city. And that's where your decision has to
come from.
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Meridian City Council Meeting
October 20, 1998
Page 27
Bird: Mr. Mayor I move that we upon the advice of the Public Works Director and the
back up letters and stuff accept McAlvain Construction's bid for $1,497,000 for the
Ustick Reservoir and booster pump station and that we release Allied Construction from
all claims of bid as being non responsible.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley. Comments Mr. Smith?
Smith: Mr. Mayor I just would make a correction to the amount that Councilman Bird
read into the record. I think he used $1,497-
Bird: $1,497,000.
Corrie: Correct. Any further discussion?
Rountree: Mr. Mayor I'm uncomfortable in the motion that we indicate that we release
them from anything. It's my opinion that we've made the decision that the lowest
responsive bid is McAlvain for the record period.
Bird: Yes, that's true.
Rountree: Nothing else.
Bird: Do you want to pull that and restate it. I'll pull mine motion. I'll restate my motion.
I move that the Meridian City Council accepts the most responsible bid for the Ustick
Reservoir and booster pump station from McAlvain Construction for the sum of
$1,497,000.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to award McAlvain Construction
in the amount of $1,497,000 as the lowest responsible bidder. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Smith: Thank you Mayor and Council. I appreciate your help on that one. I can say in
the length of time that I've been involved in Public Works projects, this is the first time
this has happened.
4. ENGINEERING AGREEMENT FOR DESIGN OF SECONDARY CLARIFIER.
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Meridian City Council Meeting
October 20, 1998
Page 28
Smith: The next item I had Mayor and Council is the engineering agreement for the
design of our secondary clarifier. The consulting engineer did not return the or was not
able to return the documentation to me in time to get that to you tonight for your action
so I would request that you table that for me until the November 4th City Council meeting
please.
Bird: Mr. Mayor I move that we table to November 4th Council meeting the engineering
agreement for design of secondary clarifier.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to table item number
engineering agreement for design of the secondary clarifier to tabled until the November
the 4th meeting. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
(End of Tape)
Kuntz: The first item that I have brought for your consideration tonight mayor and
council is the renewal of the lease of the 53 acres that is currently being farmed at the
corner of Meridian and Ustick, which is our 56 acre future park site. In this packet the
top copy is current lease agreement that expires November 1 of this year.
Berg: Just one comment to that, we did just receive today that payment~
Kuntz: Right, thank you.
Corrie: For last year?
Kuntz: For this agreement that you are looking at on top there.
Bentley: The one that should have been paid November of 1997?
Bird: No, no, November 1 st, 1998.
Anderson: So he's actually paying it early.
Rountree: He just got his crops in.
Bird: Yeah, I was going to say, he got paid for his crops~
(
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Meridian City Council Meeting
October 20, 1998
Page 29
Kuntz: Give you a real quick background, I met with-Mr. Ashenbrener (sic) called
Council member Rountree approximately a week and a half ago and was inquiring as to
our intent to renew his lease or not. I took the issue to the parks and recreation
commission last night. Powell was interested in possibly using part of that property to
green up and use his soccer site for next fall, or next spring, I'm sorry. The way the
discussion went last night was the parks and recreation commission did not feel like
Powell had the funds necessary to take care of greening that space up. Mr.
Ashenbreners intent was to plant wheat in that 53 acres and have it harvested by the
first or middle of August, so that this years lease if we enter into it would terminate on
August 31,1999, which would allow us sufficient time if we wanted to green up that area
we could do that next year. I spoke with Will Berg this morning about just changing the
dates on that agreement, Will's suggestion which was a good one, was to contact Bill
Gigray our city attorney for his comments and what you have in your packets second
there is a result of Mr. Gigray's opinion on what the lease should look like. My concern
with the length and the legalese of the agreement from Mr. Gigray is I'm afraid it may
scare Mr. Ashenbrener (sic) away, but tonight I need some direction on how you would
like me to proceed with this. My recommendation is that we renew the lease for the
same amount as last year, but to expire start November 1 of 1998 and expire August
31, 1999.
Bird: Mr. Mayor?
Corrie: Mr. Bird?
Bird: I agree with Tom on the lease, changing the deal. There is only one thing that I
see we've got in here lease he provides for his own insurance needs including liability
and workers camp. Seeing how that is our property out there, we should have, which
the attorney has in there for-we should have some kind of limit on the liability he
should have. That is the only thing I would say. I mean everything else is pretty well
covered on this short form agreement and I don't think he would probably have any
problem knowing Mr. Ashenbrener, he probably carries that much liability anyway. For
as many places he farms, but I believe for the city's benefit that we would be smart to
have the $500,000, I believe you had $500,000 in there didn't you, Mr. Gigray?
Corrie: Yes he did.
Gigray: Mr. Mayor, members of the council, I haven't been a part to any of the
negotiations of this. I was just provided with a memo this afternoon about this and I
was provided with a copy of I believe what has been described by Tom as the lease
was entered into last year. In order to be prepared for this I just drafted a form of a
lease trying to incorporate all the terms that were provided in this farm lease. The
maintenance of insurance, because we are always concerned about premises liability
and because the lessee of a property is entitled to possession of the property I just felt
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Meridian City Council Meeting
October 20, 1998
Page 30
we should have a provision in the agreement that would require them to carry the
minimum that we would be required by state law to carry for premises liability. The
other thing that you have to remember is that we have a very recent change in the
Idaho Law regarding Workers Compensation. We no longer have a farmers or
agricultural exemption that we used to have. You always got to remember when you
own a real property, you may end up being a defendant in an action where a claimant
has brought an industrial claim and you are the owner of the real property and they
don't have coverage cause, if you get someone with a major injury, that can be a major
undertaking plus there can be penalties and attorneys fees and so on. In fact, I'm
involved in some litigation right now where the owner of the property is an added
defendant in the action because the contractor didn't provide the insurance that they are
required. So that can be kind of nasty. I'm sure Mr. Ashenberner isn't trying to not do
these things, and I was just a little concerned about the language here because it reads
that his own insurance needs, well that is Mr. Ashenbreners concern, but that doesn't
protect the city. I'm not here trying to make toms life any more difficult, never had any
intent to do so, and I know that Tom is a little concerned about the length of this
agreement. I can go through it if you need, if you decide you want to go with the other,
just-I just don't want to have someone say that was something that I recommended
that you do in terms of the form of agreement, I didn't have time to ferret out, in the
mean time what the history on this was getting ready for this meeting this evening. So I
defer to Toms being able to advise you about the circumstances out there and what the
relative pros and con's are. This is something for you to look at and then I did a
resolution, which I don't think makes any difference either way, it's just a necessary
findings that you have to make when you lease real property as required by that statute
that I referred in there.
Corrie: Looking through this, I don't see anything-what do you think he's going to
object to Tom? I mean, there is nothing here that is not technically on that, but it just
offers us the protection of the $500,000 policy and Workman's Comp. You mentioned
that it might scare him off, going through this-I'm not an attorney, but it looks pretty
standard to me.
Bird: Mr. Mayor?
Corrie: Let him answer the question and then 1'11...
Kuntz: Well, I guess I would rely on Councilman Rountree to answer that question, he's
had more dealing, I'm just-in the meetings that I've had with him, he doesn't seem like
the kind of individual that would go from a one page agreement that he had last year to
14 pages that seems fairly laden with legalese. I think he would object to that and I
think to cover our bases as far as insurance is a great idea, but I just-that's my opinion
in the meetings that I've had with him that he would be scared away. Again, my
opinion, maybe Councilman Rountree or a Council member would like to add to that.
Meridian City Council Meeting
October 20, 1998
Page 31
Rountree: Tom I don't have any experience with Ken in terms of negotiating these
agreements. I talked to him this year for the first time, previously it's done by
Councilman Morrow and his predecessors, for the length of time we've had the
property. I guess I don't have a bases other than, yeah, he's probably a pat on a back
and hand shake kind of guy, but I'm not sure given the Workman's Camp discussion
that we just received that we in a hand shake and pat on the back world anymore. I
guess my recommendation is that we approve entering into the lease for the amount
and the time period and have legal council and parks and recreation director craft a
lease agreement that is maybe a bit more concise, but certainly has the liability of the
city in mind. We can't forget that, just for want of wheat control.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Let me ask a question, does he have a certificate of insurance on record here with
the City of Meridian naming us additional insured for Workman's Camp, liability and all
that?
Berg: I don't believe I have received that.
Bird: Okay, I agree with Charlie that I think we could make this-I don't think we need a
14 page or something, but I think we need to make sure that is on there. I think we
could pass the dates tonight. Let Tom and Mr. Gigray workout a deal, but I for one want
to see a certificate of insurance on record a copy of it within our city clerk's office. If you
don't want to write it, then you don't lease it. Also too, what we demand, or need the
same liabilities that we have to cover.
Corrie: Any further comments?
Rountree: Glen had one.
Bentley: I'm going to agree with Charlie, I would like to see something a little thinner in
design, but we've got to cover the liability issue. Thank you. And the Workman's
Camp.
Corrie: At least the "K" in this other one has got to be in there, because it's new state
laws. I think, of course the counsel was doing exactly what he was supposed to do.
Bird: I agree with that.
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Meridian City Council Meeting
October 20, 1998
Page 32
Corrie: Make sure we don't get stung, no matter what. I know Mr. Ashenbrener, I don't
think he would do it. But I went to court once when I thought that too.
Bird: I was going to say.
Corrie: So I guess I'll let the council make their decision here, what they want to do.
Charlie had a pretty good idea on that as well.
Bird: Is that a motion Charlie?
Corrie: I would like to have him make it again.
Rountree: Mr. Mayor, I move that the Meridian City Council approve entry into the farm
lease agreement with Kenneth Ashenbrener (sic) for the term of $5,500, lease would
terminate August 318\ 1999 and to have City Councilor Gigray and parks and
recreation Director prepare a lease agreement that is a bit more concise than the one
we have before us, keeping in mind the city's liability and need for insurance coverage.
Anderson: Second.
Corrie: Motion made by Mr. Rountree and second by Mr. Anderson. Any further
discussion? Mr. Gigray do you think we could do that.
Gigray: We'll follow your direction, if there are particular parts of these terms that are
objectionable, that make-it's helpful. My suggestion might be to Mr. Ashenbrener (sic)
just look at this and see if he has any problem with it. If he doesn't, we go ahead with it
and if he's got a problem, we've got a legitimate concern, we'll work with him, try to
simplify. Not trying to complicate Tom's life, didn't mean to upset him.
Rountree: It's pretty boiler plate, it's probably stuff he hasn't seen before, but I think...
Gigray: I think we can work it out.
Rountree: That's an easy approach.
Corrie: Further comments? All those in favor of the motion?
MOTION CARRIED: All ayes.
Kuntz: I'm sorry about this short notice I just didn't think it would be anything more than
changing the dates on the current agreement and away we would go.
(
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Meridian City Council Meeting
October 20, 1998
Page 33
Gigray: Everything has it's own history and we will work through this, no problem.
Kuntz: The last item I have is Generation Plaza, to give you a real brief history. Bids
were submitted approximately four weeks ago. The only bid submitted was double what
we had budgeted for. At that point, City Council directed me to go back to the drawing
board and come up with some alternate plans. I contacted the Land Group Inc. out of
Eagle, Idaho that had contacted me three or four months prior when I first started with
the City of Meridian to let me know if I had any needs to contact them. I contacted
David Koga and explained that we were in an awkward situation and would appreciate
any assistance and we were looking for something on a pro bono basis. David and his
firm has been graciously been working with us over the last three or four weeks to come
up with something that would be appropriate as an alternate plan. Last Thursday David
and myself met with the Generations Plaza Committee and represented four
alternatives to design. At that meeting, the committee put the best parts of all four and
melted them all into one proposal. Tonight we bring that proposal to you for direction. I
guess with that, I would like to call on David Koga. We've got some overheads to show
you and then would be willing to field any question. You'll notice your packet you've got
a drawing followed up by actual costs for each item.
Koga: Thank you Tom. Let me go ahead and provide a colored plan, makes a little
more sense than the black and white one did. Tom has asked me tonight to kind of
basically walk through the design concept we came up with this preferred semantic
design for Generations Plaza. When we first got into this project there was basically
five basic program elements that Tom wanted us to follow through that was also tied
with the regional design. The first item was the water fountain. Parts of the
components already purchased and we wanted to keep that part part of the plaza.
Number two is the columns. We tried to save four of the columns as part of the design,
tried to incorporate the concrete pavers that are used for the engraved clock to
incorporate those in a design. Four would be the clock. Number five would be some
type of an area or a wall that could be used to attach historical or interpretive type of
plaques on the wall to give a little bit of history with the City of Meridian. So from that,
as Tom mentioned earlier, we did go through quite a few process and had four different
schematics and came up with this final one that has been approved by the plaza
committee. I kind of walked through this and if we start right at the entrance, first of all,
I think everybody is aware that the perimeter sidewalk and the pavers are already
installed with the trees. So we are mostly focusing with this 60 foot sq. ft. area. The
first thing we did on the design is we took the clock, the original design the clock was
closer to the comer of the side and we put it closer to the entrance into the site. If your
were to walk into the plaza, the first thing you'll notice is on both sides, there are two
walls that are about four feet tall. By the way, this is something that is new to
Councilman Rountree, but we added an area where the concrete pavers could be
inserted into the wall on the inside part of the walls and that is where they could insert
those bronze plaques. On the outside, this would be a really good location to put the
Meridian City Council Meeting
October 20, 1998
Page 34
sign Generation Plaza on both sides for identification of the plaza. When people are
driving through the city. Once again, somewhat more direction into the water feature
and to the back of plaza, we are showing concrete pavers on the side, and then a
perimeter around the plaza would just be concrete to simplify the cost. Around the-to
kind of define the space of the plaza area, we are showing some benches. These
circles in here are planter probably concrete or wood planters. The larger ones are
about four foot diameter, large enough where you can install small trees and then the
small pots are two or three foot in diameter where you can install flowers or shrubs,
things like that. Of course in the middle, you saved the same location of the water
feature due to the size of the water feature, there was not a lot of different (Inaudible)
this could be changed so we kept the water feature in the center and then the back, has
a backdrop these four squares here are four on the columns part of the regional design.
In the back, this area right here would be a four foot wall similar to the front area walls
and this is where interpretative plaques could be installed. On each-the flank of
each-that wall are concrete seat walls. These seat walls will be about 18" tall two feet
wide with a little bit of decorative, this is where people can sit on to watch the kids run
through the water feature. A backdrop of this area this dark green is a planter bed with
trees as a backdrop and on each side here, is a lawn area, basically. Are there any
questions at this point?
Bentley: How tall is the clock?
Koga: Clock is 14 feet to the very tippy top.
Anderson: As you are driving by you will be able to see that?
Corrie: That was my concern was whether the walls would detract from it, but if it's that
tall, it's no problem.
Koga: The sign where the arms are, looks like--Ilooked at the drawing earlier, it looks
like it is 11 or 12 feet. Then the columns in the back are about 11 feet also. So the
clock and these four columns will be of some of a precedence of the plaza itself.
Anderson: I guess the grassy area to me is kind of a concern. Is there some kind of
barrier or something, I mean-people entering into this, if they just round the corner, if
they are coming around the sidewalk and they walk over this grass repeatedly, is that
just going to become a trampled down area where we can't keep the grass up?
Koga: That is a really good point, it is a little bit of a concern of ours. Ideally it would be
nice to, if needed, two things could be done. We could extend just a plant in bed
number one, or number two there could be a fence, clear around here, a very simple
fence. There is a little bit of rhyme and reason why we did come with this lawn area
though that we might want to consider. I hear some type of possibility of this area
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Meridian City Council Meeting
October 20, 1998
Page 35
around the plaza, if the city ever has the opportunity to purchase this, that would be a
perfect area to just provide somewhat of a buffer lawn area between the plaza and
some of the buildings. So this could be, this lawn area could be an extension part of the
future area. But that-I mean it is a good point, it's something we discussed and
possibly the fencing could take care of that.
Anderson: It just seems like the whole plaza is going to be a high traffic area, a high
foot traffic area and it seems like that would be hard to keep that from getting it trampled
the way it's laid out there.
Kuntz: We plan on putting signs up "Keep off the grass".
Koga: There was a part of the lawn also has to do with the cost also, it's not a good
cost, but trying to keep the cost down.
Kuntz: I guess the other thing I wanted to mention is that the parks and recreation
commission saw this proposal last night and recommended with a motion to also put
their stamp of approval on this design.
Anderson: I have one more question of David. You mentioned that kids could run
through the fountain and the way that I'm kind of looking at that fountain, it looks like it
has a retaining wall and pools water in it, is that not the case?
Koga: Around here? That double ring? The double ring is basically, it's just kind of like
there is a conGrete curb that is (Inaudible) flush and it has to do with the drainage of the
design on that. I looked at the design pretty closely and it appears that the intent of the
water feature is that there is a very shallow amount of water like very shallow dish in
that water fountain area. This area around that is where there is four little catch basins
that basically is used as a water level, for the water fountain.
Kuntz: Yeah, you can see that we have costs involved, at the bottom of that, second
page. A couple of questions last night that were raised. One would be what would the
additional cost for the land group to come up with specific components. I asked Dave
that question today and I'll let him answer that.
Koga: Well, first of all, I guess you all have a cost of this one, just kind of let you know,
take into the account of the 5% contingency also. All the other concepts came up with a
range of $122,000 up to $146,000, so this one kind of came right in the middle of those,
which kind of puts you about $45,000 less than the earlier did. Then Tom did, I knew
you were going to asking that question, this is kind of a unique project for us, case in
point, that it was already a park that was designed and now we are coming into this and
redesigning it, the way that we look at this as a cost we're putting together construction
documents and specifications to put this out to bid, even though there already was a
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Meridian City Council Meeting
October 20, 1998
Page 36
design on this and this does look somewhat similar. These types of projects are very-
oh, how could I say, they are very unique and time consuming because of the size and
everything is custom made, that we almost have to start, not completely scratch, but we
would have to start, we could use some of the existing elements on the design, the base
of it, some of the details, the columns, the details, the water feature, but the overall
other details side layout, grades, a lot of those could change also. So, to answer your
question, a typical project like this we would-to put together budgetary of our fee for
this, we would go off of percentage of construction cost. Something like this we would
first look at about 100/0 of the construction fee, for a fee which would put us about
$14,000 in the construction drawings, but in this case, due to the fact that a lot of it has
already been designed, we looked at it and said well, how much time will it really take
and we thought we could almost, almost half that, would put us around 5% or 60h
around $8,000 which would include put together, completely-the majority of new
drawings which I think is something that is really important on this project. By no
means, I know a lot of people put a lot of time into this project in the past, but looking on
the drawings, there is ways we could do to ensure to keep the cost down by providing
very accurate and concise drawings. We found our past experiences that the better
work and drawing to provide the more detail, the details and information, so there is less
questions for the contractor. You are able to provide better, (Inaudible) bids, stronger,
closer bids, so that will be one deal. Also, we keep the cost down by having the City of
Meridian participate and assisting on redrawing this plaza. Two items that I most would
like is possibly use that would be number one, is the design of the water fountain, even
though it already has been designed, there are a lot of items in that that need to be
taken out now. Because the water fountain in the back is taking out so there is going to
be a lot of piping and pumps and things like that that could be deleted. How will that
effect the other (Inaudible) I mean the pumps in the (Inaudible) something that we are
anticipate the policy of the city, engineer could help us. We could if this was a brand
new-we could take care of that, we did all the water fountain at the Eagle Plaza, but I
know the city engineer has put a lot of time and is pretty aware of the water fountain
also, number one. Number two, is the electrical work I was told that a local firm
participated the electrical design of this park and maybe they could help on this also. I
guess that was a long answer for the next question.
Bentley: You made a comment that the perimeter was already in place. Well there is
one correction to that on the west side there. There is a curb cut there that has to be
removed.
Koga: Okay, I must have missed that there.
Bentley: I think the last thing we need is somebody driving into the park.
(Inaudible)
Meridian City Council Meeting
October 20, 1998
Page 37
Bird: Down from the grass there.
Koga: Oh, over here?
Kuntz: No.
Bird: Way down.
Bentley: Down at the bottom.
Bird: Down at the bottom there, there is a curb (Inaudible).
Koga: Oh, take the curb cut out and just (Inaudible).
Bentley: Yeah, we don't need anybody driving through.
Kuntz: The other question raised last night was the timeline if we were to move ahead
with this.
Koga: What I would propose if you wish to do this project is to maybe not look at how
much time it takes, but the overall scope of this work. I think the best way to take care
of this plaza to put out (Inaudible) right at the end of this year, early next year. We
found the best time to put bids out is January because the contractors are still looking
for work. So if we look at this to be-try to have this out to bid let's say the first of
January, that would give us November and December to firm and complete the drawing
specifications and things like that. Put it out to bid in January and they can start
construction right as the weather permits. Probably in the middle of February. I would
be a little concerned if trying to push this too much and trying to have the construction
during the winter because there is going to be increase the cost of-I'm sure you are
aware of that cost. In closing, this-one thing I noticed is even though we might have
not-were able to complete the task that Tom asked us to basically provide a design
that is within your original budget. We kind of-one thing I did find out, we did have one
schematic that was kind of bare bones, it was just concrete water fountain, landscape,
no benches, no interpretive signs, it did have the columns and clock. Even then, using
our cost estimate and also using the cost estimate from the other contractors, we were
still around $120,000. So I think if you would kind of use that for a base.
Rountree: If you take the columns out of that you are right at $100,000.
Koga: Yeah, those four columns we had $12,000 for those four columns.
Bird: Four in the back? Don't take it out, I think this is a beautiful design.
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Meridian City Council Meeting
October 20, 1998
Page 38
Koga: Point in effect you have a concrete parking lot with a fountain in the middle of it,
for a $100,000 dollars.
(Inaudible)
Rountree: That's what they came up with for the $100,000. That's a decision that we
have to deal with.
Bird: You've got to figure out where you are going to pick up an extra $38,000. I think
David is probably very close to the right price at the first of the year.
Corrie: We might be able to pick up with the people speeding down Meridian Road that
is still 15 mph in a construction zone.
Bentley: Yeah because it's double.
Corrie: Well, with all that in mind, where would you like to go? Gary do you have
something that you want to say?
Smith: Yes, Mr. Mayor, David made reference to the city engineering department
helping out with drafting. We are right up against a wall with water and wastewater
projects and I don't know that in this time period, we are not going to be able to give any
help with our staff right now.
Koga: Not so much to do the drafting, but basically be able to sit down with the water
fountain, what the design and intent was of the water fountain, electrical-if they can
give us the direction of the right people who did that design. The right people who-we
would be more than willing to sit down and talk to them and even make whatever
changes on the drawings, it's just-somebody put a lot of time on that water fountain,
there is no need for us to redesign the wheel on that.
Smith: Well my assistant engineer spent I don't' know how many hundred hours in
putting that thing together. He's put a lot of work into it. I'm sure he would have time to
sit down and talk to you about it. In terms of actually, physically doing anything we are
just strapped right now.
Koga: But we can use his knowledge.
Smith: Yes, sir.
Corrie: Well, do you want to proceed with this schematic and set it out to bid and see
where we go?
,r
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Meridian City Council Meeting
October 20, 1998
Page 39
Bird: Who is-David do you take care of all our bidding? Bid documents and
everything, for your fee? Take care of bidding it out?
Koga: We yeah, take care of the bidding on that. One thing that I forgot to mention and
I thought the city might be able to participate, but maybe not, would be on the site
observations. I know that these types of parks there are a lot of time involved on site
observations. That probably the only thing-what we could do, and if we are worried
about the cost on this on the site observations we could put together contract that is
maybe as need hourly rate. But, at the same time, just from past experience, I know
that there is going to be a lot of questions during the construction with the contractors
on there. What I think maybe to be fair, I was figuring this $8,000 would be through the
bidding phase, maybe what I ought to do is put together more of a true and really put
some thought into a proposal of this project from construction documents through
construction administration. Now that I have a better feel with the city's approach also.
Bird: The public works department isn't going to have any time to help you at all to
speak of on the deal, because they've got water and sewer to worry about. I would
prefer that you come back with a proposal on my point from start to finish. You can
handle it.
Koga: We can definitely do that, that's no problem. I guess I've been going at this too
much like trying to find a way to keep the cost down, what I'll do is seriously look at this
like it's a regular project. Take into account what has already been done in the past and
put together a proposed (Inaudible).
Bird: That would be the best. I don't know about the rest of the Councilman, but guys,
if we put this guy to doing this, we are going to pay his fee as far as I'm concerned
whether we buy the project or not, so get ready to open up your pocket book.
Corrie: I had some service clubs presidents talking to me and I think you have too Tom,
about something they could be doing involved in this and I had made a couple of
suggestions to them and they didn't balk at it. I think we can...
Kuntz: Mayor, were those suggestions dollars or...
Corrie: Yeah.
Kuntz: Okay, because that is the only area that I would like to see help is dollars.
Corrie: There was a couple of them that sent it to me that was dollars.
Bird: Mr. Mayor, I agree with Tom. We've got to have one person in charge and David
has done a-and his firm is very capable of handling this kind of thing. It will go much
(
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Meridian City Council Meeting
October 20, 1998
Page 40
smoother and cheaper in the long run, so. As a council we've got to decide that we are
not going to get it for that $100,000, so are we going to open up? If we can go out and
fundraise and hit some of these service clubs up for some money and get it in, the more
power to us, but we better have the money available to underwrite this contract,
because I don't think it's fair to our subcontractors, to David and his Land Group to have
them go through this if we don't plan on following through with it.
Corrie: With that do you want them to follow-Mr. Gigray.
Gigray: Just a comment with regards to raising money outside of the city for this city for
this project. The one thing you've got to remember if you raise money, if it's donated to
the city it'll go to the general fund-I mean this is a requirement of law and the question
is, if you are going to expend money in this years fiscal year budget on that project,
you've got to know where you are going to take it out of. That money would carry over
probably till the next fiscal year for appropriation. If this is something that would be
constructed in next years fiscal year, then those donations could be budgeted through
and it would be no problem.
Bird: We broke ground three years Bill.
Gigray: I know how that works because that's the way the budget was, in all
government subdivisions. I've also been heavily involved with the green belt civic
league of Caldwell Inc. that has been involved with trying to develop the Boise River in
the City of Caldwell and we've provided a lot of assistance to the City of Caldwell, but
every time we have done it, we've paid for-like we purchased land and then we donate
it to the city. So we don't turn money over to the city and then have them do it because
of the budget problems associated with that.
Bird: Can we not do it if and we surely have this done by October 1st of 1999.
Corrie: It better be or I won't be around.
Bird: Well, if this thing falls this time, don't bring Generations Plaza to me again. I
mean this-we broke ground three years ago. This isn't funny. We can just-the extra
money we can do a budget adjustment.
Kuntz: Don't forget that we have in my budget over $400,000 in impact fees that, this is
a park that can be used toward.
Bird: Well, read your ordinance, we will get the money one way or the other. Do you
want to make a motion or do you want me to Charlie.
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Meridian City Council Meeting
October 20, 1998
Page 41
Rountree: Not only do we have $100,000 in the budget, we still have some money that
is donated. I just wanted to point out and it's a stark realization to me through the
process because of the uniqueness of these things, that they are extremely expensive.
David pointed out the cost in curb by Eagle and that small water feature and gazebo
they have that they just opened up there, over $300,000. So I think we had the blinders
on when we entered into this some three years ago. We didn't have good direction in
terms of what the costs are. I think we know now what the cost might be within a few
percentage points one way or the other. It's for the council to decide but I think the
decision we make tonight is one we move forward with the bid documents, two that we
bid it and three, with the exception of the bid coming in exorbitant above and beyond
maybe 15% of what the architects estimate of what the cost might be, that we would be
willing to accept cost in the $130,000 - $145,000 range and move forward with this. Or
since it's Halloween time, we drive a spike in it tonight. Whatever we do, we have to
make an action. I don't think we can stumble along and go through another proposal
process and then hope to-again, Halloween, get it out of the crypt. One way or the
other, we either go for it, or we don't.
Bird: Mr. Mayor, I will make a motion that the Land Group-we authorize them to get
the bid documents ready to go out for bid, bring us in-bring the mayor a final proposal
and have this done by the November 4th meeting and we will approve it at that time and
proceed on with Generations Plaza.
Bentley: Second.
Corrie: Motion made by Mr. Bird and seconded by Mr. Bentley.
Rountree: I guess I can vote for everybody on that motion it provided the condition that
we will move forth with this project with reasonable expectation of the cost presented
tonight.
Bird: Well, his proposal will bring us-when he comes back the fourth, he will have us
probably a pretty accurate cost, because basically right now you can take $1,100 bucks
out because the clock installation will be taken care of by the clock purchaser.
Corrie: Okay no further discussion, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Kuntz: Just one other item, actually two other real quick items. One is Tulley Park will
be seeded Thursday. Two, I don't know if anyone read the newspaper on Saturday, a
reporter called me late Friday afternoon about 4:30 and wanted some information on
our new recreation superintendent. I plan on introducing her after she starts with the
city on the 26th. So we will probably bring her to a workshop...
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Meridian City Council Meeting
October 20, 1998
Page 42
(END OF TAPE)
Kuntz: About the new recreation superintendent the article was in Saturday's paper.
Then seeding at Tully Park on Thursday of this week.
Anderson: Tom, does that mean that Tully Park is done?
Kuntz: No sir, but it's done for the season. Yes. It's never done. Thank you Mayor
and Council and special thanks to Dave Koga.
Corrie: Thank you for your time and efforts. Shari is not here tonight, so we will hold
that till the next meeting. Kenny you want to tell the council update and then we will all
be fi nished.
Anderson: Strategic planning comments I want to make.
Corrie: Strategic planning comments?
Anderson: Make sure some things are done before we show up.
Bowers: Mayor Corrie and members of the council, Ron Anderson and myself has
received a packet from Bill Gigray on the preliminary title for the Meridian Industrial Park
on Franklin Road that we have purchased. He has went through the packet, looked it
over, he says it's real clean it looks good. The only concern he had was with
NampalMeridian Irrigation District. What are we going to do the ditch at this time? The
way the ditch is laid out, I don't think we are going to have to move it or do anything to it.
I'm not sure if we are going to leave it open or if we are going to tile it or whatever we
are going to do, so. I had one question for Bill Gigray, will we have to pay this $1,071
for the fee simple? Whatever fee simple is.
Rountree: Is that for recordation of the title?
Anderson: Yes, you won't have to pay it.
Gigray: Mr. Mayor, if I might respond, members of the council and chief. This is an
owners premium fee which is the charge for the title insurance and I didn't bring the
original agreement that we have with the seller, because it will define who pays this.
Generally that fee is paid by seller, sometimes it's split. I didn't bring that agreement
with me, I don't know if Will has it available. I could answer that question, but it's
already factored into the agreement that you have already approved. That this is
providing owners premium title insurance for the property and the title insurance is
issued in accordance with the preliminary title report, that's why we wanted to review
/
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Meridian City Council Meeting
October 20, 1998
Page 43
the preliminary title report because if we had objections to any of the exceptions that are
written in that title report, that's the thing they won't insure against. I just wanted to
make sure with the chief and with Ron that we were comfortable with the property that
we were purchasing is capable of being used in the manner we intend. This was one of
the provisions that we have in the contract with the seller if we determine it isn't we can
get out of this agreement. I think they've looked into that appropriately and the other
thing I believe the chief wanted to highlight so you know where this project is and where
it's going and if we have-unless there is some objection from the council if this looks
like it's going to move forward we could close on the 30th of October, that's before your
next meeting. I don't think we need any more authority than we've got. We just want to
make sure everybody understands what we are doing.
Corrie: Okay, there goes your travel money Ron.
Bowers: We took that out anyhow. We took it out, so we will have to take it from
somewhere else. We will get the purchase order ready for what's-Bill would you be
able to get me the final cost so I can (Inaudible) purchase order.
Gigray: We will work with a closing agent. Larry from Stuart Title called me and wanted
to know if we do want to close on the 30th. I said as a cautionary we ought to report to
the council what we are doing, because we do have till the end of November to do that if
we choose. I will direct him to go forward and then they will prepare a closing statement
which we can look at and we'll know the exact amount so I wouldn't order that just yet.
Anderson: Okay, that will be fine, sounds good.
Bowers: Any questions then on the property? One other thing.
Bentley: You are going to keep the weeds off of it?
Bowers: About as good as what we did on Ten Mile I guess. You've all got, I believe
Councilman Bentley gave you all copies of the union contracts. So you guys need to
look through that, I think it's a workable contract. I want to thank Mr. Bentley and Mr.
Anderson for putting in all the time also all the rest of you guys when we were meeting
over here in the meeting room all the time. It took us a long time, but we've got
something that we can work with.
Corrie: Thank you Kenny.
Gigray: Mr. Mayor and members of the council, chief the only question that I have is is
that new agreement provide that the city is the one that contracting so the rural isn't
involved in that anymore because that was one of the provisions of the joint exercise of
power agreement that we would assume that duty there.
(
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Meridian City Council Meeting
October 20, 1998
Page 44
Bowers: The first paragraph in article one states City of Meridian and the Meridian
Rural Fire Protection District.
Anderson: I might add the unions attorney, it was with his insistence that since we had
started these negotiations with them and that part of this contract since it is retro active
back to October of 1997 that we had to include them in this one and that in the future
when we renegotiate this contract then it could be dropped so it was on the legal advice
of the city's attorney Skip Sperry from lEe that was representing us, we went ahead and
put that language back into this particular contract.
Gigray: Will the rural agree to it?
Anderson: Yes, they were there and represented and did agree to it.
Gigray: We should, as long as we have that base covered that's my only concern,
because that was something that we agreed to assume.
Bowers: Thank you.
Corrie: We've got a meeting the 2200, 6:30 P.M. here Thursday and a Planning meeting
October 27th, and Charlie you had something you wanted to (Inaudible).
Rountree: I had two things, one the meeting on the 22nd came as somewhat of a
surprise to me, not that I'm opposed to it, not that I won't be here. That just kind of
came out of thin air without approval of the council and I'm not so sure that we can have
a special council meeting without council involvement. Granted it's been noticed and
granted we are going to have it, but did we make that motion at some point? For the
22nd or the 27th?
Corrie: 22nd.
Bentley: November 22nd.
Corrie: Well it doesn't make any difference if the mayor calls a special meeting, you
should be there. I think that was done here.
Rountree: Was it, I just couldn't remember. I was trying to figure out what was going
on, the other is a meeting on the 27th. Planning meeting on the 27th we have scheduled
at 7:00 a discussion with Sanitary Services on their contract. Bob you were going to get
a hold of Candy and have her, she wanted to be here and talk to us about
compensation for department heads in an executive session on the 27th. I'm assuming
that is still on. ZGA wants to talk to us a little bit about space so if you want to schedule
(
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Meridian City Council Meeting
October 20, 1998
Page 45
them to be here and talk about space, are we ready to talk to them? Do we want to put
them off for a month?
Bentley: (Inaudible) new building.
Anderson: No, Pm ready.
Rountree: I know during the budget process we had some money in the budget for the
senior and never did an indication back whether the city can even do that, but Bob took
it out of his budget as a budget balancing exercise. I assume we all got a copy of the
letter from the senior center why we don't think enough of them to help them.
Corrie: It wasn't from the senior center.
Bird: It was from (Inaudible).
Corrie: I already covered the letter with the director of the Sunrise Service. She
apologized, she overstepped her...
Rountree: So I wasn't sure did we have something in the budget for them? I still think
we need to talk about how we can help them.
Bird: We haven't discussed it at all.
Rountree: I've been contacted by Jim Badolfson (sic) of the Bureau of Reclamation.
The bureau is in the process as we have talked about in the past of turning over control
of lands that are-they are titled to both Nampa/Meridian and/or anybody else who
would like them. He is of the opinion from the Bureau of Ree's side that if there is
anything in the City of Meridian that they own, and the City of Meridian wants control of
it, Bureau of Reclamation is more than willing to give us title to those government lands.
Then NampalMeridian would work for us. Probably not a bad idea.
(Inaudible)
Rountree: He would like to get a meeting with Bill and maybe the mayor and maybe
Gary Smith or Shari or some folks in the city and just talk about what is going on. You
know they're-federal government is going through some major changes in this new
customer oriented era they are in and they are getting rid of this land and if the city
doesn't get fee title, NampalMeridian will. A case in point, apparently in Arizona,
they've gone through this process and some irrigation districts got a hold of fee title on
the some laterals and irrigation facilities and that part of the world and have caused
major grief to communities by not allowing any development around or over their canals.
We could be faced with the same kind of thing here. So we need to explore this
Meridian City Council Meeting
October 20, 1998
Page 46
vigorously and find out what our liability potential is, but also what our potential for
ownership and future development is within our impact area and we have a very willing
individual in the federal agency to work with us, Jim Badolfson (sic). He really does
support anything that we would pursue. We will talk about that on the 27th and maybe
put a task force together and get involved with them. That's all I've got for that meeting
if anybody has got anything else, again, I'd like to get them over with by 9:00-9:30 so.
We've got a pretty full plate at this point.
Corrie: When do you want to finalize that police and fire closing budget? You left it
open.
Bentley: I think on the police, in a conversation with Charlie the only issue was the-
where they moved the Narcotics guy over. The funding didn't move.
Rountree: I still have some questions about longevity. I think we will probably deal with
all the longevity issues when we deal with compensation, but maybe we can go into
executive session and we can talk about personnel issues as it relates to that and any
other comments or concerns that the rest of the council had and we can close it then.
In my opinion. Well, the fire is a done deal-will probably be looking at taking action on
the 4th on the contract is that what you're projecting and that's what you want to do?
Anderson: Yes, that's what we prefer.
Rountree: Well then I think we ought to take some time on the 27th to talk about that, I
know I haven't compared side by side our proposal and this proposal Ron did give me a
briefing and it sounds like we are pretty much where we were months ago, from our
standpoint.
Bird: No comment.
Rountree: Not to change it, but it would be good to talk about that, I think everybody
ought to have an opportunity.
Corrie: On November the 4th I'm going to be late, Charlie you can open start it, I've got
to . . .
Rountree: You are just going to have to pay to the kitty I guess.
Corrie: Okay everything has come before the council, I'll entertain a omotion to close.
Bentley: Motion to adjourn.
Rountree: Second.
".
(
Meridian City Council Meeting
October 20, 1998
Page 47
Corrie: Motion made and seconded, all in favor say aye.
MOTION CARRIED: All ayes.
Meeting adjourned at 10:29 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS.)
APPROVE:
CLef), (Lf-
~ ROOERT D. CORRie, MAYOR ~
tlzal'l/e Rf7ahfr.ee J el ty e!tvh~fjefi?leh.-t-
ATTEST:
MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, OCTOBER 20, 1998 -7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: )( RON ANDERSON K CHARLIE ROUNTREE
X GLENN BENTLEY )( KEITH BIRD
X MAYOR ROBERT CORRIE
CONSENT AGENDA
MINUTES FROM PREVIOUS MEETING HELD OCTOBER 6, 1998: Cbj9/3roVw€-
REGULAR AGENDA
1. FINAL SIGNATURE: B.S.U. CONTRACT WITH CITY AT WATER
DEPARTMENT BUILDING: tvp!rtJv1L/
2. TABLED FROM SEPTEMBER 15,1998: DEVELOPMENT AGREEMENT FOR
STERLING CREEK SUBDIVISION: ~6Q ~ 2 "Ahv.. ~:~ AIJ-
3. ORDINANCE #804 - CREATING THE POSITION AND PROVIDING FOR THE
DUTIES OF THE ASSISTANT CITY CLERK: (fI;f?tpro v-e A.JI?-,v (Ulrre ch~
4. ORDINANCE #805 - ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY
WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE: a,?/)I-OV..Il..---
5. ORDINANCE #806 - ANNEXATION & ZONING OF 36.71 ACRES FOR
PROPOSED WilKINS RANCH AT THE LAKES SUBDIVISION BY STEINER
DEVELOPMENT, LLC - EAST OF BLACK CAT I USTICK INTERSECTION AND
SOUTH OF USTICK ROAD: te seltL ~ppro v~ and S~d 6ad<- fo
~ Pi Z ~/A"rl~r/'~
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR
PROPOSED WilKINS RANCH AT THE lAKES SUBDIVISION BY STEINER
DEVELOPMENT, LLC - EAST OF BLACK CAT I USTICK INTERSECTION AND
SOUTH OF USTICK ROAD: rer.en.-cf dehi7L!. &tn-of.- sel'td.. 6ac-k-- n,
~ ;/{Z ~~,-ST/~
7. DEVELOPMENT AGREEMENT FOR EAGLE PARTNERS:
dpp/7:JYe- /(er~~ #~o
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT BY EAGLE PARTNERS - NORTHWEST
CORNER OF EAGLE ROAD AND MAGIC VIEW:
~V/I{., ~ or:!- de-c/J'Qr.."
9.
~!106 10.
11.
12.
13.
14.
15.
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16.
DEVELOPMENT AGREEMENT FOR THOUSAND SPRINGS SUBDIVISION:
arrJ71fr~ ;2e~.# 'Z-o(
ORDINANCE #D9f'P'~IfNEXATION AND ZONING OF THOUSAND SPRINGS
SUBDIVISION BY FARWEST DEVELOPERS: ~~
REQUEST FOR FINAL PLAT FOR SHERBROOKE HOLLOWS SUB. NO.2 BY
GEM PARK II - EAST OF LOCUST GROVE, NORTH OF VICTORY:
~/1lirol/~e- w/HtA-rfaJ+- C~~
PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED
WHITESTONE ESTATES SUBDIVISION NO.3 BY WHITESTONE
PARTNER-SHIP - WEST OF LINDER & SOUTH OF FRANKLIN: a?prov~
APPLICATION FOR BEER AND WINE LICENSES BY JACKSON'S FOOD
STORE: tLlPJro V'...e....-
REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF
GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY -- 1414 N.
MERIDIAN ROAD: ~pr{Jv.e fJl.,c I elL
~V.€.- a.ec/:r/~
REQUEST FOR CONbITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS
APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A JOHNSON - 46 E.
PINE: 6<---?fJ/t1v-e /'IF (' e-/L-
aAPn~ cU Cl7/'~
REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING
CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND
FAIRVIEW: OlfJIH-OV..e- p~~~ +'/1- licit.
~ t,n..C dR-u F~
DEPARTMENT REPORTS:
17.
A. GARY SMITH:
1. CHANGE ORDER FOR TULLY PARK.
~~w-rvt/) }.loVe 4-fl, ~
2. FINAL PAYMENT ON DRILLING OF WELL #20.
d., j7P-O V..e.,
3. AWARD OF CONTf3ACT OF WATER TANK. .9
a~tt( Ind /tJ j)1c/JIVIt/h &4F-I.1h- ~ H~()CJO
4. ENGINEERING AGREEMENT FOR DESIGN OF
SECONDARY CLARIFIER.
itt~ tvnZit #01/. 4~ ~i;y-.
B. TOM KUNTZ:
1. LEASE RENEWAL OF 56 ACRE PARK SITE.
~()V~
2. GENERATIONS PLAZA CONCEPTS.
'?/1.R- ~ 6~ fJ ~/f/.A.R- ~ya>)?O s-a-.6
C. SHARI STILES:
1. DISCUSSION OF RFP FOR COMP. PLAN UPDATE.
~.Ke wr47 7 /./0 v; ?/e: /U;-
( CITY OF MERIDIAN
PUBLIC MEETING SIGN-UP SHEET
NA'ME
ft;W'j)h,/~j
I
PHONE NlTMBER
cfrfY-J/sf
RESOLUTION NO /99
BY: Ke/-r/v I!>ird-
C f?tl/n cit Fha ~
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 RECONVEYANCE OF REAL
PROPERTY AND USE OF THE PROPERTY BY GRANTOR",
CITY OF MERIDIAN, GRANTOR.
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 the STATE BOARD OF EDUCATION, a
department of the State of Idaho, as the Board of Trustees for Boise
State University denoted as "AGREEMENT FOR RECONVEYANCE
OF REAL PROPERTY AND USE OF THE PROPERTY BY
GRANTOR" a copy of which is attached hereto marked as Exhibit "A"
to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with the STATE
BOARD OF EDUCATION, a department of the State of Idaho, as the
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A N AGREEMENT WITH THE STATE BOARD OF
EDUCATION
1
Board of Trustees for Boise State University, entitled "AGREEMENT
FOR RECONVEYANCE OF REAL PROPERTY AND USE OF THE
PROPERTY BY GRANTOR" 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 2o~day of Ocfo.6er ,1998.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this 2D~ day of Octobef- ,1998.
~
ATTEST:
CITY CLERK
l02098-FINAL
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A N AGREEMENT WITH THE STATE BOARD OF
EDUCATION
2
CITY OF MERIDIAN
ORDINANCE NO. 804
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING CHAPTER 8, TITLE
1, OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, PROVIDING FOR THE
ADDITION OF A NEW SECTION 1-804A CREATING THE POSITION AND PROVIDING
FOR THE DUTIES OF THE DEPUTY CITY CLERK.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: It is found by the City Council that: A) there are times
when the City Clerk cannot be present to transact the ordinary everyday business of
the office of the City Clerk; B) that circumstances arise whereby in the City Clerk's
office it is necessary, in order to timely manage the business and affairs of the City, that
an Deputy be able to act in the place of the City Clerk; C) that it is in the best interest of
the City that the City Council exercise its authority under Idaho Code Section 50-204,
to create the office of Deputy Clerk.
SECTION 2. That Chapter 8, Title 1, be and the same is hereby amended by the
addition thereto of a new Section 1-804A to read as follows to-wit:
1-804A: DEPUTY CITY CLERK, DUTIES:
There shall be the office of Deputy City Clerk who shall perform such duties
as assigned by the City Clerk, and who shall have full authority to act in the
place and stead of the City Clerk in the event of the City Clerk's absence
and/or inability to perform the duties of the office. The person filling the office
of Deputy City Clerk shall execute any and all official bonds approved by the
City Council to the office of the City Clerk, which bonds are filed with the
Mayor.
1
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SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 4: This ordinance shall be in full force. and effect within one (1) month
after its passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20 fA day of
6Jcf~bef- ,1998.
APPROVED BY THE MAYOR OF THE
tJc~ber ,1998.
OF MERIDIAN, IDAHO, this 2 0 1/1 day of
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** TX CONFIRMAT.l\....~ REPORT **
(
AS OF OCT 22 '9b-15:43 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
09 10/22 15:42 208 888 1097 EC--S 01'12" 003 013 OK
--------------------------------------------------------------------------------------------
Councf} M~mhe"
HUB OF TREASURE VAllEY
A Good P~ce [0 Live
CITY OF MERIDIAN
LEGAL DE?ARTjI..IENT
C:!O!) S8.1-+~6J.
M:1yor
ROBERT D. CORRIE
CHARLES ROUNTREE
GLENN BENn..EY
RON A1'lDERSON
KEITH BIRD
33 E..-\ST IDAHO
rvlERIDIAN7 IDAHO 83642
Phone (208) 888-4433 · Fax (208) 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(:!08) SS7.21 t I
PLANNING ANO ZONING
DEP,~RTMENT
C:08) 354.5533
FACSIMILE COVER SHEET
TO: Fax Number: ~? r - I O~l DATE: ID/~d/9?r"
DELIVER TO:~A:1li
TITLE/DEPARTMENT: l.hJ1~ ~,S
ADDRESS:
CONFIDENTIAL: TIS
NO
TOTAL NUMBER OF PAGES (including cover sheet): '- .::s
FROM: CITY OF :rvfERIDIAN - Fax Number (208)887-4813
NAME: ('JA\~
TITLEIDEPARTMENT: ~ %ic..e...
COlv1MENTS: ~LJ.4.L p..bll ~)~ mc~ ( i)
Dtt. ~ ~ I L9.-~ ?' {)rcl,n~ 1t ?;fY{
Please call us if you do not receive all FAX transactions successfully.
Phone ntunber (208)888-4433
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
TODD MASON D/B/A MOXIE JAVA, 106 E. ) ORDER OF CONDITIONAL
WILLIAMS, FOR A CONDITIONAL USE ) APPROVAL OF
PERMIT FOR OUTSIDE SEATING, ) CONDITIONAL USE PERMIT
MERIDIAN, IDAHO )
This matter coming before the City Council without public hearing under the
provisions of S 11-2-418 E Municipal Code of the City of Meridian for final action on
conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following
action:
A Conditional Use Permit is herein granted to Todd Mason for two (2) tables to be
placed directly outside of and to the left and right of the north-end entrance door of the
subject building upon the real property described in Exhibit "A" attached hereto and located
at 106 East Williams, Meridian, Idaho.
This permit is subject to the following terms and conditions:
1. Temporary signage, banners, etc., are specifically prohibited.
2. The tables and chairs cannot block the exit doors and pathways.
3. The Applicant maintain a 5 foot minimum for a walk way.
4. Outside seating must be located immediately to the north of the existing
building and limited to two tables.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA - 1
1
("
Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of S 11-2-418 J of the Municipal Code of the City of Meridian,
a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on October 20, 1998.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TODD MASON D/B/A MOXIE JAVA - 2
2
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODO A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288~ 2499
FAX (208) 288~2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO B3653~0247
TEL (208) 466~9272
FAX (20B) 466~4405
PLEASE REPLY TO
MERIDIAN OFFICE
January 20, 1999
RECEIVED
JA~i 2 1 1999
CITY OF MERIDIAN
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Street
Meridian, Idaho 83642
RE: TODD MASON DIB/ A MOXIE JAVA (CUP)
Dear Will:
Pursuant to City Council action of January 19, 1999, I have prepared the revised
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, (taking out 1.1
under the Decision and Order and renumbering), and the revised ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT, (taking out 1. under the conditions and
renumbering), in the application of Todd Mason, regarding Moxie Java. The Order is now ready
for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's
signature secured, the original $hould be retained by the City Clerk. Copies of the Findings of
Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject
to Conditions and the Order of Conditional Approval of Conditional Use Permit should be served
upon the Applicant, the Planning and Zoning Department and the Public Works Department, as
designated by the City Clerk's signature.
If you need further assistance by this office, please advise.
WFG/msg
Enclosure
msg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on FFCL and Order of Approval of CUP for Todd Mason Moxie Java.BK!
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF WHITESONE PARTNERSHIP, ) ORDER OF CONDITIONAL
APPLICATION FOR PRELIMINARY PLAT ) APPROVAL OF
FOR WHITESTONE ESTATES SUB. NO.3, ) PRELIMINARY PLAT
WEST OF LINDER AND SOUTH OF )
FRANKLIN, MERIDIAN, IDAHO )
This matter coming before the City Council for public hearing for Preliminary Plat
approval pursuant to 9 11-9-604 E of the Municipal Code of the City of Meridian on this
20th day of October, 1998 and the Council finding:
That notice of public hearing has been given in accordance with the City Ordinance;
and;
The administrator's report on the status of the application has been received and is
complete which has included certain comments and conditions as stated in a letter to the
Mayor and Council from Bruce Freckleton, Assistant to the City Engineer, listing 6 General
Comments and 6 Site Specific Comments which are herein found fair and reasonable; and
Considering the proposed development it is found to be in conformance with the
Comprehensive Plan of the City; and
Subject to the conditions of approval the proposed development is found to have
Urban Services to accommodate it and it is in continuity with the City's Capital
ORDER OF APRROVAL OF PRELIMINARY PLAT
WHITESTONE PARTNERSHIP
WHITESTONE ESTATES SUBDIVISION NO.3
Improvement Program and there is existing public financial capability of supporting
services for the proposed development; and
The Council having considered the requirements of its subdivision ordinance and
requirements for preliminary plat approval the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1.) The Preliminary "Plat of Whitestone Estates Subdivision No.3" as evidenced
in Plat bearing the job reference #980716 SHEET 1 OF 1 dated July 16, 1998 and revised
9/3/98 is Conditionally Approved subject to those conditions as set forth in the letter to the
Mayor and Council from Bruce Freckleton, Assistant to the City Engineer, listing 6 General
Comments and 6 Site Specific Comments, a true and correct copy of which is attached
hereto marked Exhibit "AU and by this reference incorporated herein.
By action of the City Council at its regular meeting held on October 20, 1998.
T D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
ByJ~~~r~
City Clerk , "
Dated:
If) ~ 'ZtJ---Cj&
ORDER OF APRROVAL OF PRELIMINARY PLAT
WHITESTONE PARTNERSHIP
WHITESTONE ESTATES SUBDIVISION NO.3
2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF MEL A LACY, APPLICATION FOR ) ORDER OF APPROVAL
CONDITIONAL USE FOR CONVERSION OF ) OF CONDITIONAL USE PERMIT
GARAGE TO BEDROOM & SA THROOM, )
1414 N. MERIDIAN ROAD, MERIDIAN, IDAHO)
This matter coming before the City Council without public hearing under the
provisions of S 11-2-418 E Municipal Code of the City of Meridian for final action on
conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following
action:
A Conditional Use Permit is herein granted to Mel A. Lacy to turn an existing 14' x
24' building into a bedroom with bath and closet area, update the plumbing, kitchen
cabinets and replace the carpet in the residential structure upon the real property
described in Exhibit "A" attached hereto and located at 1414 N. Meridian Road, Meridian,
Idaho.
This permit is subject to the following terms and conditions:
1 ) Sanitary sewer and water to this facility shall be constructed per the Uniform
Plumbing Code. This site currently is assessed with one water hookup and
one sewer hookup. An additional sewer and water assessment will need to
be charged for the additional dwelling unit. Applicant will be required to
enter into an Assessment Agreement with the City of Meridian.
2) Park impact fees, ACHD impact fees, and a deposit to ACHD road trust
should also be paid prior to issuance of a building permit. Apparently,
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT / MEl A. lACY
1
construction was initiated on the building without obtaining permits of any
kind.
3) The Meridian Fire Department needs to review this application and any
building plans for conformance with the Uniform Fire Code. As the garage
does not meet the setback requirements, fire wall construction may be
necessary.
4) This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. An approval of transfer will be required for any new
owner/tenants.
5) The building shall meet all building, plumbing, mechanical and electrical
codes. Permits shall be issued and inspections completed.
6) All codes will need to be met pursuant to the Meridian Fire Chief, Kenny
Bowers.
Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of 9 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on October 20, 1998.
T D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departme t.
Dated:
161--2//-98
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT / MEL A. LACY
2
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MA ITER OF THE APPLICATION }
OF HERMES ASSOCIATES AND DAKOTA }
COMPANY, INC., APPLICATION ) ORDER OF APPROVAL
FOR CONDITIONAL USE FOR A REGIONAL ) OF CONDITIONAL USE PERMIT
SHOPPING CENTER, SOUTHEAST CORNER )
OF EAGLE ROAD AND FAIRVIEW AVENUE, )
74.74 ACRES, PARCEL ONE AND PARCEL )
TWO, TAX PARCEL NUMBERS 51109233945)
AND 51109212467, MERIDIAN, IDAHO )
This matter coming before the City Council without public' hearing under the
provisions of 9 11-2-418 E Municipal Code of the City of Meridian for final action on
conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following
action:
A Conditional Use Permit is herein granted to Hermes Associations and Dakota
Company, Inc., for an approximately 848,000 plus/minus square foot multi-tenant
shopping center involving a variety of retail, office and other commercial uses upon the
real property described in Exhibit "A" attached hereto and located at the southeast corner
of Eagle Road and Fairview Avenue, Meridian, Idaho.
This permit is subject to the following terms and conditions:
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
1. That minimum six foot (6') by nineteen foot (19') planting islands be placed within
the parking lot of the subject development project. The design of the islands shall
be determined by the applicants' landscape architect and the City of Meridian staff
shall have the authority to provide final approval through the design review process
of the final location and design of the plantings. The final design shall not have
more than 150 feet between landscaped areas.
2. There shall be placed a twenty foot (20') wide berm along the perimeter of the
development project as it sits along Eagle Road and Fairview Avenue. Any
sidewalks along such roads shall either be placed within the Ada County
Highway District right-of-way or the aforementioned berm shall be increased from
twenty feet (20') to the extent necessary for the placement of such sidewalks.
3. If the Idaho Transportation Department right-of-way is to be included within the
proposed development, a License Agreement shall be obtained for the landscape
encroachment from the Idaho Transportation Department and/or the Ada County
Highway District.
4. There shall be placed a twenty foot (20') wide buffer zone between the project
and the residential community located to the east and south of the project and
that such buffer shall include a three foot (3') berm with staggered trees as
designed by the applicants landscape architect subject to final approval through
design review by Meridian Planning and Zoning staff. Further included within
such buffer zone shall be a minimum six foot (6') high masonry block wall
extending the entire length of the buffer zone. The exact location of such wall
shall be determined by the applicant in conjunction with the residential
neighborhood homeowners association with final approval to be provided by staff
through design review and the buffer zone and masonry wall will be constructed
prior to issuance of the first occupancy permit.
5. The City of Meridian Planning and Zoning staff shall have final design and
architectural approval through design review for any present or future
development within the subject development project.
6. The following requirements as contained within the report of Daly Standlee &
Associates, Inc., dated September 23, 1998, and included herein as a part of the
record, shall be strictly adhered to by the applicant, and any and all lessees,
sublessees, tenants, contractors, subcontractors, service providers, or other
users of the project in any way:
6.1 The engines of all trucks should be turned off once the trucks are at a
truck dock.
6.2 Trucks shall not be allowed to park in the driveway between the stores
and the Crossroads development with their engines running for more
than 5 minutes.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
2
6.3 Trucks with a refrigeration unit mounted on the trailer shall not be
allowed to park between the stores and the Crossroads development for
any amount of time if the refrigeration unit on the trailer is operating.
6.4 The refrigeration unit on refrigerated trailers parked at the dock of
Building 1-B (a proposed grocery store) shall be turned off after the
trucks are parked and a 20 foot high barrier (or higher if you desire for
aesthetic reasons) shall be constructed along side the truck dock if
trucks with refrigerated trailers will be parked at the dock with the
refrigeration equipment operating. The barrier shall extend 20 feet (or
longer if desired for aesthetic reasons) beyond the front of the typical
refrigerated trailer that will be parked at the dock.
6.5 The refrigeration unit on refrigerated trailers parked at the truck dock of
Building 1-L (the proposed membership warehouse store) shall be turned
off after the trucks are parked and an 18 feet high barrier (or higher if
desired for aesthetic reasons) shall be constructed along side the truck
dock if trucks with refrigerated trailers will be parked at the dock with the
refrigeration equipment operating. The barrier shall be constructed to
extend 18 feet (or longer if desired for aesthetic reasons) beyond the
front of the typical refrigerated trailer that will be parked at the dock.
6.6 The delivery doors of all stores shall be closed after a delivery is made if
fork lifts will be used inside the receiving area after the truck is unloaded.
6.7 All compactors located within 70 feet of a residential property line shall
be surrounded on all sides except the truck pick-up end by solid walls
that extend at least 3 feet above the height of the compactor. The truck
pick-up end of the compactor shall not face toward the residential
development.
6.8 Garbage service shall be scheduled between 7AM and 4:30 PM.
6.9 Barriers constructed within the project should be solid (>4 pounds per
square foot) and airtight.
7. The following recommendations contained within the Ada County Highway
District report, dated September 25, 1998, and included as part of the record in
this proceeding shall be strictly adhered to by the applicant and any and all
lessees, sublessees, tenants, contractors, subcontractors, service providers, or
other users of the project in any way:
7.1 The applicant shall revise the site plan to provide internal site circulation
equivalent to a public street system to ensure that intra-site circulation
does not use the public street system to circulate through the adjacent
subdivision to gain access to the signalized intersections on Eagle Road
and Fairview Avenue. The on-site system shall roughly parallel Fairview
Avenue and Eagle Road but shall not be located immediately in front of
the stores. Opening of access aisles located 1 DO-feet or more away
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
3
from and parallel with Fairview Avenue and Eagle Road will fulfill this
requirement. The access aisles shall be as direct as possible and
provide a means of driving a' vehicle from Records Drive to Pine Avenue
without interruption except at the major driveways into the site and at
Presidential Drive. The internal site circulation proposal submitted by the
applicant during the September 24, 1998 public hearing shall be
constructed, subject to final approval upon design review by the City of
Meridian Planning and Zoning staff, in the manner represented during
such hearing.
7.2 In order to reduce trips to and from this development tenants occupying
the proposed building shall be required to form an Alternative
Transportation Program.
7.3 In order to reduce trips to an from this development, the tenants
occupying the proposed building(s) shall be encouraged to participate in
a Transportation Management Association (TMA) or Transportation
Management Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
7.4 The applicant shall comply with requirements of ITD for Eagle Road
(State Highway 55) frontage. The applicant shall submit to the District a
letter from ITD regarding said requirements prior to District approval of
the final plat or issuance ot a building permit (or other required permits),
whichever occurs first.
7.5 The applicant shall dedicate sufficient additional right-at-way to total 66-
teet from centerline of Fairview Avenue from the intersection with Eagle
Road for a distance of 650-feet east of the intersection, then taper to 60-
feet from centerline in 200-feet, and continue 60-feet of right-of-way to
the east boundary ot the development.
The right-at-way shall be dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. The
owner will be compensated for all right-ot-way dedicated as an addition
to existing right-at-way from available impact fee revenues in this benefit
zone, if the owner submits a letter ot application to the impact fee
administrator prior to breaking ground, in accordance with Section 15 of
ACHD Ordinance #188.
7.6 The applicant shall dedicate sufficient right-at-way abutting Eagle Road
for the future Eagle Road Interchange. Applicant shall further coordinate
the right-ot-way requirements with District staff. The right-of-way is
generally described as being a minimum of 226-teet wide (113-teet east
of centerline) from Fairview Avenue south tor aOO-feet. The right-of-way
needs then taper to 146-feet wide (73-feet from centerline to a point
1 ,400-feet south of Fairview Avenue. The owner will be compensated for
all right-of-way dedicated as an addition to existing right-at-way from
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
4
available impact fee revenues in this benefit zone, if the owner submits a
letter of application to the impact fee administrator prior to breaking
ground, in accordance with Section 15 of ACHD Ordinance #188. It is
understood that ITD will reimburse the District for the cost of this right-of-
way acquisition.
7.7 The applicant shall dedicate sufficient right-of-way abutting Fairview
Avenue for the future Eagle Road interchange. Applicant shall further
coordinate the right-at-way requirements with District staff. The right-ot-
way is generally described as being a minimum of 176-feet wide (84-feet
south at centerline) from Eagle Road east for 500-feet, then tapering to
120-feet (60 from centerline) at 1,000 feet east of Eagle Road. The
owner will be compensated for all right-at-way dedicated as an addition
to existing right-af-way from available impact tee revenues in this benefit
zone, if the owner submits a letter at application to the impact tee
administrator prior to breaking ground, in accordance with Section 15 of
ACHD Ordinance #188~
7.8 The applicant shall dedicate 76-teet of right-of-way (38-feet from the
centerline) for Records Drive from Fairview Avenue to a point 300-feet
south of Fairview Avenue and 60-teet of right-at-way (30-feet from
centerline) for Records Drive from that point to the south boundary of the
parcel by means of recordation of a final subdivision plat or execution of
a warranty deed prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will not be compensated for
this right-at-way because Records Drive is a local street.
7.9 Prior to beginning a phase of the development that exceeds 450,000
gross square feet, the applicant shall construct the needed
improvements to create dual left-turn lanes on the two Fairview Avenue
approaches of the Eagle/Fairview intersection and right-turn lanes on all
legs of the intersection. The developer will be allowed to offset the cost
of the two left turn .Ianes on the Fairview Avenue legs of the intersection
from the impact fee to be collected for the development.
7.1 0 Prior to the construction of any portion at the development south of
Presidential Drive, the applicant shall construct the needed
improvements to create dual left-turn lanes on the eastern approaches of
the Eagle/Pine intersection.
7.11 The applicant shall construct a five-foot sidewalk on Fairview Avenue
abutting each development phase (approximately 2,600-feet total) prior
to issuance of any Certificate of Occupancy. The construction plans for
the development showing the sidewalk must be approved prior to
issuance of a building permit.
7.12 The applicant shall construct a five-foot sidewalk on Eagle Road abutting
each development phase (approximately 2,600-feet total) prior to
issuance of any Certificate of Occupancy. The construction plans for the
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
5
(
development showing the sidewalk must be approved prior to issuance
of a building permit.
7.13 Prior to opening of the development, construct pavement widening on
Fairview Avenue to one half of an 89-foot street section abutting the
parcel (approximately 2,600-feet). The applicant will not be
compensated for this construction.
7.14 Prior to opening of the development, construct pavement widening on
Fairview Avenue to add one eastbound lane from Eagle Road to a point
500-feet west where the existing improvements end. The cost of this
improvement will be offset from the road impact fee to be collected for
the development.
7.15 The applicant shall construct a five-foot sidewalk on Pine Avenue
abutting each development phase (approximately 1,300-feet) prior to
opening of any development south of Presidential Drive.
7.16 The applicant shall construct the four driveways on Fairview Avenue as
proposed. The driveways should be located as proposed on the site
plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with
the District: approximately 440-feet, 940-feet, 1,51 O-feet, and 2,480-feet
east of Eagle Road respectively.
7.1.1 The western driveway on Fairview Avenue (Driveway) is to be
constructed as a right-in/right-out driveway, with driveway width
limited to 30-feet and a minimum storage length of 50-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Fairview Avenue. Extend the existing median
island in Fairview Avenue from its easterly terminus to a point
50-feet east of the eastern edge of driveway A and construct
pavement tapers with 15-foot radii.
7.1.2 The second driveway on Fairview Avenue (Driveway B) is to be
constructed as a full access driveway with a width limited to 40-
feet. The minimum storage length shall be 100-feet. Install a
36" by 36" high intensity STOP sign at the driveway's
intersection with Fairview Avenue. Construct pavement tapers
with 15-foot radii.
7.1.3 The third driveway on Fairview Avenue (Driveway C) is to be
constructed as a full access driveway with a driveway width
limited to 40-feet. The minimum storage length shall be 100-
feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Fairview Avenue. Construct
payment tapers with 15-foot radii.
7.1.4 The fourth driveway on Fairview Avenue (Driveway D) is to be
constructed as a full access driveway with a driveway width
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
6
limited to 40-feet. The minimum storage length shall be 1 DO-feet
for outbound traffic and 50-feet for inbound traffic. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection
with Fairview Avenue. Construct pavement tapers with 15-foot
radii.
7.1.5 The applicant shall construct Records Drive as a 65-foot street
section (with curb, gutter and five-foot sidewalk) from Fairview
Avenue to a point 300-feet south of Fairview Avenue. Records
Drive should be located approximately 2,100 feet east of Eagle
Road. Widen the approach to Fairview Avenue to provide two
northbound left turn lanes and one northbound through/right-turn
lane. Two southbound lanes are needed from Fairview Avenue
to a point 300-feet south of Fairview. Dedicate sufficient right-ot-
way for the noted improvements.
7.1.6 The applicant shall construct Records Drive as a 41-foot street
section (with curb, gutter and five-foot sidewalk) from a point
300-feet south of Fairview Avenue to the existing stub street
within the Crossroads subdivision.
7.1 .7 The applicant shall construct a traffic signal at the
Fairview/Records intersection. Provide and install an Opticom
device for emergency vehicle pre-emption of the signal to the
satisfaction of ACHD and the Meridian Fire Department. Other
materials for the traffic signal are to be purchased from ACHD or
be demonstrated to meet ACHD specifications. The signal
should be designed to allow the future construction of dual left-
turn lanes on Fairview Avenue. The applicant will be responsible
for the entire cost of the signal installation. Submit the signal
design to District staff for approval prior to construction.
7.1.8 The applicant shall construct a driveway on Eagle Road aligned
with Florence Street as a full access driveway. The driveway
width should be limited to 40-feet. The minimum storage length
should be 100-feet. Install a 36" by 36" high intensity STOP sign
at the driveway's intersection with Eagle Road. This driveway
may be restricted to right-in/right-out movement in the future.
Construct a deceleration lane for the driveway.
7.1.9 The applicant shall construct Pine Avenue as a 28-foot street
section from the project's eastern property line to a point
approximately 400-feet east of Eagle Road. Widen the approach
to Eagle Road to provide two westbound left turn lanes, one
westbound through lane and one westbound right-turn lane.
Coordinate the roadway design with District staff.
7.1.10 Prior to the commencement of construction of the area south at
Presidential Drive, construct a traffic signal at the Eagle/Pine
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
7
intersection. Provide and install Opticom device (an optical
communication device for emergency vehicle pre-emption of the
signal operation) as part of the signal installation. The District
will provide the materials for the signal (with the exception of the
Opticom device) as its share of the entire Pine Avenue
construction from Eagle Road to the east boundary of the
development. Submit the signal design to District staff for
approval prior to construction.
Should the ACHD roadway project to extend Pine Avenue from
Eagle Road to Cloverdale Road precede the development
expansion south of Presidential Drive, all features related to Pine
Avenue are to be constructed by the applicant prior to the
building permit issuance for the development south of
Presidential Drive or the cost therefor paid to the District.
Specifically, this includes the extra left-turn lanes onto and off of
Eagle Road and into the full access driveway from Pine Avenue
into the development.
7.1.11 The applicant shall reconstruct the western median in
Presidential Drive to provide a left turn lane at the entrance to
the project site (at the store fronts). Provide a minimum of 100-
feet of storage area for the new turn lane. Coordinate the
roadway design with District staff.
7.1.12 The applicant shall construct a full access driveway on
Presidential Drive as proposed 340-feet east of Eagle Road.
The driveway width should be limited to 30-feet. The minimum
storage length should be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with
Presidential Drive.
7.1.13 The applicant shall construct a full-access driveway connection
to Presidential Drive at the midpoint between Eagle Road and
the project roadway in front of the stores. The minimum storage
length should be 50-feet. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Presidential Drive.
7.1.14 The applicant shall construct a full access driveway on
Presidential Drive as proposed 620-feet east of Eagle Road.
The driveway width should be limited to 30-feet. Install a 36" by
36" high intensity STOP sign at the driveway's intersection with
Presidential Drive.
7.1.15 The applicant shall reconstruct the westbound approach at the
Eagle Road/Presidential Drive intersection to provide two
westbound travel lanes. Coordinate the roadway design with
District staff.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
8
(
7.1 .16 The applicant shall construct deceleration tapers at each of the
driveways on Eagle Road. Coordinate the design with ITD staff.
7.1.17 Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Pine Avenue or
Fairview Avenue is prohibited.
7.1.18 The applicant shall construct a full access driveway on Records
Drive as proposed 175-feet south of Fairview Avenue, limited to
3D-feet of driveway width. The minimum storage length should
be 50-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Records Drive.
7.1.19 The applicant shall construct a full access driveway on Records
Drive as proposed 300-feet south of Fairview Avenue, limited to
30-feet of width. The minimum storage length should be 50-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Records Drive.
7.1.20 The applicant shall construct a full access driveway on Records
Drive as proposed 500-feet south of Fairview Avenue, limited to
30-feet of driveway width. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Records Drive.
7.1.21 The applicant shall construct a full access driveway on Records
Drive as proposed 800-feet south of Fairview Avenue, limited to
3D-feet of driveway width. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Records Drive.
7.1.22 The applicant shall construct a right-in/right-out driveway on Pine
Avenue 175-feet east of Eagle Road, limited to a driveway width
of 3D-feet. The minimum storage length shall be 100-feet.
Install a 36" by 36" high intensity STOP sign at the driveway's
intersection with Pine Avenue. A median island shall be installed
in Pine Avenue from the stop bar at Eagle Road to a point 50-
feet east of the driveway.
7.1.23 The applicant shall construct a full access driveway on Pine
Avenue as proposed 340-feet east of Eagle Road, limited to 30-
feet of driveway width. The minimum storage length should be
100-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Pine Avenue.
7.1.24 The applicant shall construct a full access driveway on Pine
Avenue as proposed 620-feet east of Eagle Road, limited to a
driveway width of 3D-feet. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Pine Avenue.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
9
(
7.1.25 The applicant shall construct and install traffic calming facilities
on Presidential Drive beginning at the eastern property line of the
development and extending through the intersection with
Fillmore Way. Coordinate the design and placement of the
calming facilities with District staff and the Crossroads
Subdivision Owners Association.
7.1.26 Modify the site plan to create a vehicular way behind the pads
fronting on Fairview Avenue and Eagle Road (approximately
100-feet into the site) to connect Records Drive and Pine
Avenue. Install curb returns at the intersections of this vehicular
way with Records Drive and Presidential Drive. Install STOP
signs on the access aisles intersecting with this vehicular way
and install STOP signs on the vehicular way at its intersections
with Records Drive, the five major driveways into the site,
Presidential Drive and Pine Avenue. Coordinate the location of
the vehicular way with District staff.
8. Any and all sweeping and loading performed within the premises of the
development project shall be performed between 9:00 AM and 2:00 PM with
exception for a grocery store which is contemplated to be included within the
project. Any sweeping and loading performed for a grocery store within the
project shall be accomplished between the hours of 5:00 AM and 2:00 PM.
9. Any and all lighting and signage to be included within the development project
shall be submitted for final approval upon design review by the City of Meridian
Planning and Zoning staff.
10. A contact person for the development project to address any and all concerns
relating to the project shall be accessible on a 24 hour basis. The current
name(s), address and telephone numbers of such contact person(s) shall be
maintained by the applicant with the City of Meridian Planning and Zoning staff
and a representative of the Crossroads Subdivision Homeowners Association at
all times.
11. If at some date subsequent hereto, following the construction of the development
project. the noise levels extending from the loading docks between the subject
development project and the residential subdivision to the east and south of the
project, exceed the decibel level indicated within the report from Daly Standlee
and Associations. Inc., dated September 23. 1998, and admitted as part of the
record herein, noise attenuation measures shall be taken by the applicant to
reduce the decibel levels to that set forth in the report. Any noise level testing or
readings shall be performed at any location on the property line between the
development project and the adjoining residential subdivision.
12. All requested conditions set forth within the memorandum of Bruce Freckleton,
the Assistant to the Meridian City Engineer, and Shari Stiles. the Meridian
Planning and Zoning Administrator, dated August 6, 1998 and made part of the
record herein be complied with.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
10
13. All comments and conditions set forth by the Meridian City Sewer Department,
City Police, Fire District, Ada County Highway District, Central District Health
Department, and Nampa & Meridian Irrigation District and made part of the
record herein must be complied with.
Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of 9 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on October 20, 1998.
By:
RT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
Dated:
!tJ-20-rs
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT
HERMES ASSOCIATES AND DAKOTA COMPANY, INC.
REGIONAL SHOPPING CENTER
11
/
t
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF JOSEPH A. JOHNSON, APPLICATION ) ORDER OF APPROVAL OF
FOR CONDITIONAL USE FOR AN OFFICE, ) CONDITIONAL USE PERMIT
UPSTAIRS APARTMENT AND RETAIL, 46 E. )
PINE, MERIDIAN, IDAHO )
This matter coming before the City Council without public hearing under the
provisions of S 11-2-418 E Municipal Code of the City of Meridian for final action on
conditional use permit application and the Council having received and approving the
recommendation of the Planning and Zoning Commission the Council takes the following
action:
A Conditional Use Permit is herein granted to Joseph A. Johnson for the subject
property to be used as an apartment on the upper level of the property, and for an office
and for retail purposes on the main level of the structure for the operation of a bridal shop,
upon the real property described in Exhibit "A" attached hereto and located at 46 E. Pine,
Meridian, Idaho.
This permit is subject to the following terms and conditions:
1 ) If the applicant subsequently becomes successful in obtaining approval from
the Ada County Highway District for a curb cut and access to the subject
property from Pine Street that a minimum of one (1) parking space for
handicap access as depicted within the plot plan attached to the subject
application and dated July 22, 1998 will be maintained.
2) Regardless of whether or not the applicant is successful in obtaining the
approval of the Ada County Highway District for a curb cut and access to the
subject property from Pine Street, the applicant shall maintain a minimum of
ORDER OF APPROVAL OF 1
CONDITIONAL USE PERMIT / JOSEPH A. JOHNSON
six (6) parking spaces in the north portion of the subject property as depicted
within the plot plan filed with the application and dated July 22, 1998.
3) The property is located in Old Town, which requires a conditional use permit
for most uses. The application was submitted for various uses to allow the
applicant flexibility to attract potential tenants. The site is adjacent to a
parking lot on the east and a residence on the west.
4) Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance. All parking is to
be paved and striped. If Ada County Highway District does not approve the
curb cuts on Pine Street, all parking will need to be in the rear of the
property. A minimum of one (1) van accessible handicap space is to be
provided with appropriate signage. A total of five (5) off-street parking
spaces would be required for office/apartment use; eight (8) spaces would
be required for retail use.
5) Applicant is to maintain a minimum four-foot planting strip adjacent to
residential use.
6) All construction is to meet the requirements of all Uniform Codes (Building,
Fire, etc.) and the Americans with Disabilities Act. The building needs to be
brought up to code for fire and life safety requirements and must meet
handicapped accessibility standards because of the change in use.
7) Sanitary sewer and water to this facility would be via existing service lines.
Plans for sewer and water service will be reviewed to see if the additional
load would justify additional assessments. Applicant will be required to enter
into an Assessment Agreement with the City of Meridian prior to operation.
8) Zoning Certificate and Certificate of Occupancy are required prior to
occupancy.
9) No signage has been proposed, and none is approved with this application.
All signage will require separate permits and will be subject to design review.
10) If existing vegetation is to be removed, a minimum of one (1) three-inch (3")
caliper tree shall be provided for each 1 ,500 square feet of asphalt.
11 ) The Applicant is to provide a screened trash enclosure in accordance with
City Ordinance.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT I JOSEPH A. JOHNSON
2
12) The Conditional Use Permit shall be subject to review upon notice to the
applicant.
13) The Meridian City Sewer Department commented that the retail use may
require pretreatment, depending upon the nature at the business.
14) The Meridian Fire Chief, Kenny Bowers, requires that all codes be met. The
upstairs will need direct access to outside and to the ground.
15) The Central District Health Department's only comment was that after
written approval from the appropriate entities are submitted, they can
approve the proposal tor central sewage and central water. No objections to
the proposal.
16) The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the south boundary of the project. The right-at-way of the
Hunter Lateral is 40 feet; 20 feet trom the center each way. Idaho Code S
42-1208, RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION.
The developer must contact John P. Anderson or Bill Henson for approval
before any encroachment or change of right-of-way occurs.
The Nampa & Meridian Irrigation District requires a Land Use Change/Site
Development application be filed tor review prior to final platting. All laterals
and waste ways must be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the Nampa &
Meridian Irrigation District must review drainage plans.
The developer must comply with Idaho Code 31-3805. It is recommended
that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
17) The Ada County Highway District (ACHD) require the tollowing conditions for
approval:
SITE SPECIFIC REQUIREMENTS:
a) Replace damaged sidewalk on Pine Avenue with new curb, gutter
and/or concrete sidewalk to match existing improvements. Segments
to be replaced shall be determined by ACHD Construction Services
Staff.
b) Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
ORDER OF APPROVAL OF 3
CONDITIONAL USE PERMIT / JOSEPH A. JOHNSON
r
(
c) Pave the alley 16' wide, or as wide as obstructions allow, abutting the
site.
d) Construct one 16-20-foot wide driveway on Pine Avenue located
approximately 5-feet west of the east property line to access a single
handicap parking space with an on-site turnaround. The driveway
shall be paved a minimum of 20-feet beyond the edge of pavement
on Pine Avenue. Coordinate the exact location and design of the
driveway with District staff.
e) As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
STANDARD REQUIREMENTS:
a) After ACHD Commission action, any request for reconsideration of
the Commission's action shall be made in writing to the Planning and
Development Supervisor within two days of the action and shall
include a minimum fee of $110.00. The request for reconsideration
shall specifically identify each requirement to be reconsidered and
include written documentation of data that was not available to the
Commission at the time of it's original decision. The request for
reconsideration will be heard by the District Commission at the next
regular meeting of the Commission. If the Commission agrees to
reconsider the action, the applicant will be notified of the date and
time of the Commission meeting at which the reconsideration will be
heard.
b) Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #188, also known as Ada
County Highway District Road Impact Fee Ordinance.
c) All design and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPW Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein.
d) The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which
incorporates any required design changes.
ORDER OF APPROVAL OF
CONDITIONAL USE PERMIT / JOSEPH A. JOHNSON
4
e) Construction, use and property development shall be in conformance
with all applicable requirements of the Ada County Highway District
prior to District approval for occupancy.
f) Any change by the applicant in the planned use of the property which
is the subject of the application, shall require the applicant to comply
with all rules, regulations, ordinances, plans, or other regulatory and
legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the
planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
g) No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the
applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change
from the Ada County Highway District.
Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of 9 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on October 20, 1998.
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departme t.
By:
Dated:
5
IN THE MA TIER OF THE APPLICATION ) ORDER OF REMAND OF
OF STEINER DEVELOPMENT, ) ANNEXATION AND ZONING
APPLICATION FOR ANNEXATION AND ) TO PLANNING AND ZONING
ZONING FOR WILKINS RANCH AT THE ) COMMISSION
LAKES SUBDIVISION, 36.71 ACRES, EAST )
OF BLACKCA T AND USTICK INTERSECTION}
AND SOUTH OF USTICK ROAD, )
MERIDIAN, IDAHO }
Pursuant to the request of the above named applicant to remand this matter to
Planning and Zoning Commission upon the basis that the applicant will amend their
development plan and no affected party objecting and good cause appearing:
IT IS HEREBY ORDERED that the action of the City Council taken on the 6th of
October on the Annexation and Zoning is rescinded and this application is remanded back
to the Planning and Zoning Commission for further proceedings at such time and
contingent upon applicant filing an amended development plan.
By action of the City Council at its regular meeting held on October 20, 1998.
BY:~'-U1;( fl, ~
'. / RT D. CORRIE
Mayor, City of Meridian
ad upon applicant and the Planning and Zoning Department.
By: Dated: "I\\/~-:: 2-0 -9'8
ity Clerk ,,,,\\~\ 'Of MEF.~~":?/~'l'
ORDER OF ANNEXATION AND ZONING}'0'(~~;~::'~ai~~;:~~~;;"'\~,
WILKINS RANCH AT THE LAKES f -#~' ,.'<~ \ ~~
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IN THE MATTER OF THE APPLICATION OF ) ORDER OF REMAND OF
STEINER DEVELOPMENT, PRELIMINARY ) PRELIMINARY PLAT TO
PLAT FOR WILKINS RANCH AT THE LAKES) PLANNING AND ZONING
SUBDIVISION, EAST OF BLACKCA T AND ) COMMISSION
USTICK INTERSECTION AND SOUTH OF )
USTICK ROAD, MERIDIAN, IDAHO )
Pursuant to the request of the above named applicant to remand this matter to
Planning and Zoning Commission upon the basis that the applicant will amend their
development plan and no affected party objecting and good cause appearing:
IT IS HEREBY ORDERED that the action of the City Council taken on the 6th of
October on the Preliminary Plat is rescinded and this application is remanded back to the
Planning and Zoning Commission for further proceedings at such time and contingent
upon applicant filing an amended development plan.
By action of the City Council at its regular meeting held on October 20, 1998.
Copy serv d upon applicant and the Planning and Zoning Department.
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ORDER OF PRELIMINARY PLAT
WILKINS RANCH AT THE LAKES
IN THE MATTER OF THE APPLICA rlON OF ) ORDER OF REMAND OF
STEINER DEVELOPMENT, ) CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT FOR ) TO PLANNING AND ZONING
WILKINS RANCH AT THE LAKES ) COMMISSION
SUBDIVISION, 36.71 ACRES, EAST OF )
BLACKCA T AND USTICK INTERSECTION )
AND SOUTH OF USTICK ROAD, )
MERIDIAN, IDAHO )
Pursuant to the request of the above named applicant to remand this matter to
Planning and Zoning Commission upon the basis that the applicant will amend their
development plan and no affected party objecting and good cause appearing:
IT IS HEREBY ORDERED that the action of the City Council taken on the 6th of
October on the Conditional Use Permit is rescinded and this application is remanded back
to the Planning and Zoning Commission for further proceedings at such time and
contingent upon applicant filing an amended development plan.
By action of the City Council at its regular meeting held on October 20, 1998.
By: ~~{} ~
R RT D. CORRIE -
Mayor, City of Meridian
d upon applicant and the Planning and Zoning Department.
B . Date~~\\\\11110';t:l;;.?t?.-- CJ g
City Clerk ,,,~"~-( of Mt:~/J"~
ORDER OF CONDITIONAL USE PERM~:t' a ~~% .~} \
WILKINS RANCH AT THE LAKES g ~
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF GEMPARK II, APPLICATION FOR
FINAL PLAT FOR SHERBROOKE
HOLLOWS SUBDIVISION NO.2, EAST OF
LOCUST GROVE, NORTH OF VICTORY,
MERIDIAN, IDAHO
)
) ORDER OF CONDITIONAL
) APPROVAL OF FINAL PLAT
)
)
)
This matter coming before the City Council for Final Plat approval pursuant to S 11-
9-604 H Municipal Code of the City of Meridian this 20th day of October, 1998 and the
Council finding that the Administrator Review is complete which has included certain
comments and conditions as stated in a letter to the Mayor and Council from Bruce
Freckleton, Assistant to the City Engineer, listing 14 General Comments which are herein
found fair and reasonable, and the Council having considered the requirements of the
preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1.) The Final "Plat of Sherbrooke Hollows Subdivision No.2" as evidenced in
Plat bearing the job reference #980602/SHER2PL T BKB 08/27/98 is Conditionally
Approved subject to those conditions as set forth in the letter to the Mayor and Council
from Bruce Freckleton, Assistant to the City Engineer, listing 14 General Comments, a true
and correct copy of which is attached hereto marked Exhibit "An and by this reference
incorporated herewith each comment therein as a separate condition of approval.
ORDER OF CONDITIONAL APRROV AL OF
FINAL PLAT FOR GEM PARK II / SHERBROOKE HOLLOWS
SUBDIVISION NO.2
2.) The final development plan upon which the Certification and signature by the
Council which verifies that the development has been approved; and upon which there is
contained the Certification and signature of the City Clerk and the City Engineer verifying
that the development meets the City's requirements shall not be submitted or signed until
the conditions of this approval herein imposed are met.
By action of the City Council at its regular meeting held on October 20, 1998.
By:
t'
RT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departme t.
By:
Dated: 10- 2tl -- 98
ORDER OF CONDITIONAL APRROV AL OF
FINAL PLAT FOR GEM PARK 11/ SHERBROOKE HOLLOWS
SUBDIVISION NO.2
2
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF JOSEPH A. JOHNSON, 46 E. PINE AVE.,) FINDINGS OF FACT AND
THE APPLICATION FOR CONDITIONAL USE) CONCLUSIONS OF LAW AND
PERMIT FOR APARTMENT AND BRIDAL ) RECOMMENDATION TO CITY
SHOP RETAIL USE, LOT 9, EXC. W. ) COUNCIL
20' LOTS 10 AND 11 BLOCK 1 MERIDIAN, )
F .A., MERIDIAN, IDAHO )
The above entitled conditional use permit application having come on for public
hearing on August 31, 1998 and September 8, 1998, at the hour of 7:00 o'clock p.m., on
said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commission having heard and taken oral and written testimony and
the Applicant appearing in person, and having duly considered the matter, the Planning
and Zoning Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearings scheduled for August 31,
1998 and September 8, 1998, before the Planning and Zoning Commission, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearings and with the notice of
public hearing having been posted upon the property under consideration more than one
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the Planning and Zoning Commission at the
August 31, 1998 and September 8, 1998 public hearings; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509, 6512, and S11-2-416E and 418E as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. The property is located within the City of Meridian; that the general location
of the property is at 46 E. Pine Avenue, Meridian, Idaho, and described in the application
which description is incorporated herein.
4. The applicant is the record owner of the property and has filed a written
request for a conditional use permit.
5. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
6. The subject property is currently zoned (OT), Old Town District. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
(
zoning of the Old Town District (OT) is defined within the City of Meridian Zo
Development Ordinance, Section 11-2-408( 12).
7. The proposed application requests a conditional use permit for the sUDject
property to be used as an apartment on the upper level of the property, and for retail
purposes on the main level of the structure for the operation of a bridal shop. The OT
zoning designation within the City of Meridian Zoning and Development Ordinance
requires that a conditional use permit be obtained for most uses including those
requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-
409).
8. The testimony at the public hearings established that the particular
characteristics of the subject property make the proposed conditional uses desirable, that
the area is or will become commercial in near future, and that the proposed conditional
uses are consistent with the Old Town direction to upgrade to commercial uses while
maintaining the integrity of the older homes in the area.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. The applicant has proposed to develop the property with six (6) parking
spaces to the rear (north) of the property, including two (2) parking spaces within an
enclosed garage. The property also maintains the capability of three (3) additional on
street parking spaces on Pine Street in front of the subject property.
11. The applicant has requested permission from the Ada County Highway
District to allow curb cuts and access to the subject property from Pine Street which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
would allow for the minimum of one (1) additional parking space for handicap access.
12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and
through a Memorandum dated August 6, 1998, and by and through testimony during the
public hearings on this matter. Such report and comments are hereby incorporated
herein.
13. The Central District Health Department, the Meridian City Police
Department, the Nampa & Meridian Irrigation District, the Ada County Highway District,
the Meridian Fire Department, and the Meridian Sewer Department submitted comments
which are also hereby incorporated herein.
14. The uses proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
15. The proposed uses within the subject application will be harmonious with
and in accordance with the Comprehensive Plan in this Ordinance.
16. The uses proposed within the subject application will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance
or attended character of the general vicinity and that such uses will not change the
essential character of the same area.
17. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
18. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
(
protection, drainage structures, refuse disposal, water, and sewer.
19. The uses proposed within the subject application will not create excessive
additional requirements at public costs, for public facilities and services, and will not be
detrimental to the economic welfare of the community.
20. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
HLocal Land Use Planning Act of 1975" hereinafter referred to for convenience as the
HAct" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the HAct" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the HCity of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
(
(
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. To occupy and use real property which is designated and zoned as Old
Town (OT) District within the City of Meridian for apartment and bridal shop retail uses
requires approval by the Commission as provided for under the City of Meridian Zoning
and Development Ordinance, 11-2-409.
5. The Commission has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding but the following standards are met
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
(
(
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
i. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
6. Prior to granting a conditional use permit in an Old Town (OT) District, one
(1) public hearing shall be conducted with notice be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for conditional use permit all in accordance
with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development
Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
,-
!
8. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained property;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in
this Ordinance.
9. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning Commission hereby approves the proposed
application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
a. If the applicant subsequently becomes successful in obtaining
approval from the Ada County Highway District for a curb cut and
access to the subject property from Pine Street that a minimum of
one (1) parking space for handicap access as depicted within the
plot plan attached to the subject application and dated July 22, 1998
will be maintained.
b. Irregardless of whether the applicant is successful in obtaining the
approval of the Ada County Highway District for a curb cut and
access to the subject property from Pine Street, the applicant shall
maintain a minimum of six (6) parking spaces in the north portion of
the subject property as depicted within the plot plan filed with the
application and dated July 22, 1998.
c. All requested conditions set forth within the memorandum of Bruce
Freckleton, the Assistant to the Meridian City Engineer, and Shari
Stiles, the Meridian Planning and Zoning Administrator, dated
August 6, 1998 be complied with.
d. All comments and conditions set forth by the Meridian City Sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
Department, City Police, Fire District, Ada County Highway District,
Central District Health Department, and Nampa & Meridian
Irrigation District must be complied with.
10. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
11. It is hereby recommended by the Meridian Planning and Zoning
Commission that should be applicant meet the afore stated conditions that the
requested conditional use permit for the uses set forth hereinabove be granted by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
(
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER BORUP
VOTED At/
VOTED~
COMMISSIONER SMITH
COMMISSIONER DEWEERD
VOTED
+
A;tp
COMMISSIONER NELSON
VOTED
CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for the uses
set forth within these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED: -:3
10099S-Final
DISAPPROVED:
o
~;p;/71?~
M~I+z-- I
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON
APARTMENT AND BRIDAL SHOP RETAIL IN OT
/ -
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this 20th day of October, 1998.
ROLL CALL
COUNCILMAN ANDERSON
VOTED~
VOTED~
VOTED~
VOTED~
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL)
APPROVED ~ ) ~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT
FOR JOSEPH A. JOHNSON
(
MERIDIAN CITY COUNCIL MEETING:
(
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AGENDA ITEM NUMBER: 17 - j
APPUCANT: Kelt /3ow.e;-.s
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REQUEST: ;:::;'(t..a.P ;:Jtl~- ~ ~Fr~k ;(o~d.......
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AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF MEL A. LACY, 1414 N. MERIDIAN ROAD,) FINDINGS OF FACT AND
THE APPLICATION FOR CONDITIONAL USE) CONCLUSIONS OF LAW AND
PERMIT FOR THE CONVERSION OF ) RECOMMENDATION TO CITY
GARAGE TO BEDROOM & BATHROOM, ) COUNCIL
S. W. CORNER OF BLOCK 4 OF F.A. )
NOURSE'S THIRD ADDITION TO MERIDIAN, )
MERIDIAN, IDAHO )
The above entitled conditional use permit application having come on for public
hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on
said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commission having heard and taken oral and written testimony and
the Applicant appearing in person, and having duly considered the matter, the Planning
and Zoning Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearings scheduled for August 11,
1998 and August 31, 1998, before the Planning and Zoning Commission, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within 300 feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearings and with the notice of
public hearing having been posted upon the property under consideration more than one
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
(
week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the Planning and Zoning Commission at the
August 11, 1998 and August 31, 1998 public hearings; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509, 6512, and 911-2-416E and 418E as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. The property is located within the City of Meridian; that the general location
of the property is at 1414 N. Meridian Road, Meridian, Idaho, and described in the
application which description is incorporated herein.
4. The applicant is the record owner of the property and has filed a written
request for a conditional use permit.
5. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
6. The subject property is currently zoned (C-C), Community Business District.
The zoning of the Community Business District (C-C) is defined within the City of
Meridian Zoning and Development Ordinance, Section 11-2-4088(9).
7. The proposed application requests a conditional use permit for the subject
property to be used for the conversion of the garage into a bedroom and bathroom for the
property.
The C-C zoning designation within the City of Meridian Zoning and
Development Ordinance requires that a conditional use permit be obtained for most uses
including the request by the applicant. (Meridian City Zoning and Development Ord.,
Section 11-2-409 & 11-2-406(E)( 1 ).
8. The applicant testified at the public hearings that the particular
characteristics of the subject property make the proposed conditional use desirable.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and
through a Memorandum dated August 7, 1998, and by and through testimony of Shari
Stiles during the public hearings on this matter. Such report and comments are hereby
incorporated herein.
11. The Central District Health Department, Meridian Building Department, the
Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian
Fire Department, and the Meridian Sewer Department submitted comments which are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
also hereby incorporated herein.
12. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
13. The proposed use within the subject application will be harmonious with
and in accordance with the Comprehensive Plan in this Ordinance.
14. The use proposed within the subject application will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance
or attended character of the general vicinity and that such use will change the essential
character of the same area.
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
17. The use proposed within the subject application will not create excessive
additional requirements at public costs, for public facilities and services, and will not be
detrimental to the economic welfare of the community.
18. The use proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. To occupy and use real property which is designated and zoned as
Community Business (C-C) District within the City of Meridian for the conversion of
applicant's garage into a bedroom and bathroom use requires approval by the
Commission as provided for under the City of Meridian Zoning and Development
Ordinance, 11-2-409.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
(
5. The Commission has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding but the following standards are met
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
i. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
6. Prior to granting a conditional use permit in a Community Business (C-C)
District, one (1) public hearing shall be conducted with notice be published and provided
to property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for conditional use permit all in accordance
with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development
Ordinance.
7. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
8. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained property;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
g. Require more restrictive standards than those generally required, in
this Ordinance.
9. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning Commission hereby approves the proposed
application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
a. All requested conditions set forth within the memorandum of Bruce
Freckleton, the Assistant to the Meridian City Engineer, and Shari
Stiles, the Meridian Planning and Zoning Administrator, dated
August 7, 1998 be complied with.
b. All comments and conditions set forth by the Meridian City Sewer
Department, Meridian Building Department, City Police, Fire
District, Central District Health Department, and Nampa & Meridian
Irrigation District must be complied with.
10. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
11. It is hereby recommended by the Meridian Planning and Zoning
Commission that should the applicant meet the afore stated conditions that the
requested conditional use permit for the use set forth hereinabove be approved by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MACCOY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for the use set
forth within these Findings of Fact and Conclusions of Law as requested by the applicant
for the property described in the application with the conditions set forth within these
Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED: ~ DISAPPROVED: 0
101298-Final C}n'V j{t.t'Ievv.-.<- !
IO/;J/~g
FINDINGS OF FACT AND C6NCLUSIONS OF LAW - Page 9
CONDITIONAL USE PERMIT - MEL A. LACY
CONVERSION OF GARAGE TO BEDROOM
& BATHROOM IN C-C ZONE
(
APPROVAL ,OF FINDINGS OF FACT AND CONCLUS,IONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this Z. 011:. day of Oc-/l;; oel-- I 1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
VOTED
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL)
APPROVE~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - me / 1/. LaCrf --
'J
C&hCt/bl:J-nez.f tLS.e fJef-mit- ft;f- eon vef-r/nv () f Ga/Lt:LJ.e.
-Iv /?ed~() 0 rn- ~CL l3a..fil Jr t7 0 n...."
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF EAGLE PARTNERS LLC, 603 SOUTH
EAGLE ROAD, THE APPLICATION FOR
CONDITIONAL USE PERMIT, NORTHWEST
CORNER OF EAGLE ROAD AND MAGIC
VIEW DRIVE, MERIDIAN, IDAHO
)
) FINDINGS OF FACT AND
) CONCLUSIONS OF LAW AND
) ORDER OF DECISION
)
)
The above entitled conditional use permit application having come on for public
hearing on July 21, 1998, at the hour of 7:00 o'clock p.m., the Applicant's Representative,
having appeared and numerous other witnesses having testified and the City Council
having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Order of Decision:
FINDINGS OF FACT
1. The notice of public hearing on the application for conditional use permit was
published for two (2) consecutive weeks prior to said public hearing scheduled for July 21,
1998, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within 300 feet of the external
boundaries of the property under consideration more than fifteen (15) days prior to said
hearings and with the notice of public hearing having been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices were
made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
(
July 21, 1998, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of Meridian,
having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code S9 67-6512(b) and 67-6511, and 99 11-2-418E and 11-2-416E F, Municipal
Code of the City of Meridian.
3. The City Council has received the Findings of Fact and Conclusions of Law
Decision and Recommendation of the Planning and Zoning Commission issued as a result
of two public hearings held by said Commission on April 14, 1998 and on June 9, 1998.
4. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance
Establishing the Impact Area Boundary.
5. The property which is the subject to this application for conditional use permit
is described as follows:
A parcel of land situated in the Northeast quarter of Section 17 and the
Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View
Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the
Eastwardly extension of the Northerly and Southerly lines of said Lot 1, to the
Easterly right of way of Eagle Road (aka., State Highway 55) and including land
currently part of the road right of ways for Eagle Road (aka., State Highway 55) and
Magic View Drive and more particularly described as follows:
Commencing at the common quarter corner of Sections 16 and 17, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the
common section line, North OO~2'18" West a distance of 749.74 feet to a point
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
being the intersection of the centerline of Magic View Drive and the Section line
common to Sections 16 and 17, said point being the point of beginning;
Thence North 89038'27" East a distance of 43.62 feet to a point on the Easterly right
of way of Eagle Road;
Thence along the right of way on a curve to the right having a delta of 2018'53",
radius of 5,659.58 feet, length of 228.64 feet and a long chord of 228.63 and bearing
North 2031'57" East to a point of reverse curvature;
Thence continuing along the Eagle Road right of way on a cUlVe to the left having a
delta of 3fl26'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of
347.98 and bearing North 1058158" East to the point of intersection with the Easterly
extension of the Northerly line of said Lot 1;
Thence along the extension of and the Northerly line of said Lot 1 North 89057'05"
West a distance of 461.04 feet to the Northwest corner of said Lot 1;
Thence South 0006'25" East along the Westerly lot line of said Lot 1 a distance of
579.31 feet to a point on the centerline of Magic View Drive;
Thence along the centerline of Magic View Drive North 89038'27" East a distance of
394.28 feet to the point of beginning.
Parcel contains 5.980 acres.
6. The property is located adjacent and to the west of Eagle Road and to the
north of Magic View Drive.
7. The prop~rty is located at 603 South Eagle Road.
8. The Applicant is the record owner of the property and has filed a written
request for conditional use permit.
9. The property was zoned by Ada County as Rural Transition (RT), and is
primarily vacant and unused.
10. The Applicant requests the property be zoned (C-G), General Retail and
Service Commercial.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
11. The City Council takes judicial notice of the fact that since the hearing of this
matter it has annexed the subject property and zoned it (C-G) General Retail and SelVice
Commercial.
12. The Applicant has requested the conditional use permit, and the application
was not initiated at the request of the City of Meridian.
13. The site of the subject property lies adjacent and to the south of the
Greenhills ,Estates No. 3 Subdivision and borders Lots 1, 3, 4 and part of Lot 5 in said
subdivision and is kitty corner and to the southwest of the Mountain View Subdivision. The
site is immediately east of the Magic View Subdivision and immediately west of the St.
Luke's Regional Medical Center, and is adjacent to Eagle Road and in close proximity to
the Eagle Road Interchange with Interstate 1-84.
14. The property to the north and to the northwest of the subject property is
developed as residential housing and the property to the east of the subject property is
developed as St. Luke's Regional Medical facility and the property to the south has been
developed to include the Texaco Convenience Store and gasoline station, and the property
to the west is residential.
15. The property which is the subject of this application must be annexed into the
City of Meridian and zoned (C-G) General Retail and Service Commercial prior to any final
action by the City Council on the granting of a conditional use permit.
16. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
17. The Applicant submitted development plans tor the subject real property
which are identified as "ChevronlMcDonald's and by J.P. Co. Credit Union, Eagle Road and
Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9464 sheet 58-2.1 of
site and building data 6/98".
18. The applicant proposes to develop the subject property in the following
manner. The northern 108 feet of the subject property to be reserved as a roadway right-
of-way and dedicated to the ACHD with the inclusion thereon of a berm in the northern 1/3
of the reserved right-at-way; and adjacent and to the south af the reselVed right-af-way a
parcel depicted as Parcel B which is depicted as 150 feet in width across the entire subject
property which shall be developed with a credit union building 5,000 square foot in size with
a future expansion of additional 2,600 square feet together with parking and landscaping,
with a drive-through on the southern side of the proposed building. A parcel depicted as
Parcel A is 292 feet in width across the entire subject property to be developed as a
McDonald's/Chevron fast food convenience facility with fuel islands including eight pump
stations, a vacuum air compressor and hose BIBB, a car wash, trash enclosure, together
with the convenient store and associated parking, berming and landscaping as depicted on
the site plan.
19. The applicant proposed development and the use is classified in the Zoning
Schedule for Use Control in Section 11-2-409(8) Commercial, Automobile Service Station
and Automobile Washing Facility and a bank and other financial institutions which are
permitted uses in C-G zone. The proposed development also includes a convenience
store and drive-in establishments which do require conditional use permit and the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
('
\
(
proposes a planned development because the development will have more than one
principal detached building upon the lot which is prohibited by Municipal Code Section 11-
2-405(G), except for planned developments, and the commercial development requires a
conditional use in a C-G zone by reason of the fact that the proposed development use
also includes drive-in establishments and a convenience store.
20. Traffic volume on Eagle Road is quite high and serves as a major
interchange and north/south collector with Interstate 1-84.
21. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed and the following is also
found to be required to midegate the effects of the proposed use and development
upon services delivered by political subdivisions providing services to the subject real
property within the planning jurisdiction of the City of Meridian:
21.1 Applicant shall be responsible to install a water main within the right-af-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
21.2 Water service to the proposed site could be to the existing water line installed
along the northerly side of Magic View Drive. Developer to provide the Public
Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site.
21.3 As Assessment fees for water and sewer service are determined during the
building plan review process Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
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water and sewer mains to their current points.
21.4 In order to assure that the affected and subject area will be served
adequately by essential public facilities and services the pretreatment
required and addressed on the building permit application redlines for
obtaining City sewer service, which is required.
21.5 In compliance with the requirements of the Central District Health for
approval of appropriate proposal for central sewage and central water, as
well as approval for plans for food establishments.
21.6 Sanitary Sewer selVice to the proposed site could be to the existing line
installed in Magic View Drive directly adjacent to the south.
21.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of development to be contingent upon
City's treatment plant ability to accept the additional sanitary sewage
generated by this proposed development.
21.8 The Applicant shall be required to connect the property to Meridian water and
sewer and extend the water and sewer lines to serve the property, and
resolve how the water and sewer mains will serve the property, all of which
shall be at the Applicant's, or its successor's, or successors' cost and
expense. Said water and sewer requirements shall be performed on or
before the time that the Applicant or its successor, or successors desire to
use the property or place a user on the property.
21.9 Any existing irrigation/drainage ditches crossing the property to be included
in the project are to be tiled per City Ordinance 11-9-605.M. The ditches
which are to be piped should be shown on the site plans. Plans will need to
be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public
Works Department with no variances for tiling of any ditches crossing this
project.
21.10 A drain~ge plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
21.11 A Land Use Change/Site Development application shall be filed for review
with the Nampa & Meridian Irrigation District with all laterals and wasteways
affected to be protected. Municipal surface drainage must be retained on
site. Any surface drainage leaving the site must be approved by the Nampa
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& Meridian Irrigation District in accordance with their drainage plans. The
Developer must comply with Idaho Code 31-3805.
21.12 The stormwater run-off will be managed with appropriate Best Management
Practice.
21.13 Pressurized irrigation shall be installed and constructed.
21.14 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
21.15 Any existing domestic wells and/or septic systems within the project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
21.16 All ditches, canals, and waterways shall be tiled as a condition of annexation.
21.17 The proposed roadway north of the proposed Idaho Power Credit Union
needs to be dedicated as a public roadway with a stub to the west. Future
development in this area will need to have proper access to the traffic signal.
Applicant shall be responsible to install a water main within the right-of-way
of the new street along the north boundary of the proposed site. Location
and sizing of the new main should be coordinated with the Meridian Water
Department.
21.18 Developer comply with the State of Idaho Transportation Departments
requests that a full control area is necessary to maintain adequate traffic
operations on Eagle Road and in the vicinity of Interstate 1-84 interchange.
21.19 All development approach locations shall be in accordance with the
requirements of the State of Idaho Transportation Department.
21.20 Roadway and roadway approaches to be approved by the ACHD.
21.21 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
21.22 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4. and 11-2-414.D.5. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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(ADA) requirements.
21.23 No signage details were submitted. Detailed signage plans must be included
as part of this application for review and approval.
21.24 A developer shall comply with aHlite safety codes of the City of Meridian and
shall also c~mply with City code requirements for water supplies, sprinkler
systems, as regulated by the Fire Department.
21.25 All construction shall conform to the requirements of the Americans with
Disabilities Act
21.26 A development agreement be required as a condition of annexation setting
forth these conditions of development.
21.27 That City water and sewer services and the issuance of an occupancy
permit shall not be provided until all of the terms and conditions set forth
in this section have been met.
22. It is found that if the developer pays for the requested improvements and
the developer complies with the conditions set forth in these findings of fact no. 21 and
all subparts this will assure that the affected areas and the subject real property will be
served adequately by essential public facilities and services, such as highways, streets,
police and fire protection, drainage structures, refuse disposal, and water and sewer.
23. The following hereinafter listed conditions are found to be reasonably
required to minimize adverse impact of the proposed conditional use upon other
development in the vicinity and to assure that the development is maintained properly:
23.1 To minimize the impact to the neighborhood to the north the applicant shall
dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the
subject property; further a landscaped berm shall be developed in the
northern 35 feet of the reserved right-af-way and which landscaped berm
shall be maintained by developer.
23.2 A roadway placed on the northern boundary of the site will also provide
potential elimination of future traffic concerns in the area.
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
23.3 All speaker drive-throughs to be located on the south side of the
McDonald's/Chevron fast food convenience facility.
23.4 All speaker drive-throughs to be located on the south side of the Credit Union
facility.
23.5 All signage shall be in accordance with the standards set forth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs shall be permitted. Submission and
approval of all signaQe plans including but not limited to pole signs, reader
boards, banners, etc., and specifically any "golden arches" type signage
associated with McDonalds and any outside signage associated with the
Chevron Gas Stations. These conditions shall be in addition to the
requirements of Meridian's sign ordinance.
23.6 The development shall include a 20 foot buffer on the north side of the Credit
Union facility and 20 feet of landscaping between the Credit Union and the
McDonald's/Chevron fast food convenience facility.
23.7 The development shall include construction of a solid wood fence that runs
from the southerly boundary of Magic View north to the 108 foot reselVed
road right-of-way.
23.8 The Credit Union facility shall operate during normal business hours
between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends.
23.9 A minimum of 68 three-inch caliper trees will be required for the paved
square footage proposed.
23.10 Particular attention needs to be paid to lighting plans to eliminate as much as
is reasonably necessary to eliminate and/or reduce glare to neighboring
properties to the north and west, and in accordance with city Ordinance
Section 11-2-414D3.
23.11 A minimum of a 35-foot-wide landscape setback is required adjacent to the
right-of-way of Eagle Road.
23.12 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
11-9-606.8.
23.13 Future development in this area will need to have proper access to the traffic
signal.
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23.14 A development agreement is required as a condition of annexation to insure
that the development considerations herein found reasonable are enforced.
23.15 That City water and sewer services and the issuance of an occupancy permit
shall not be provided until all of the terms and conditions set forth in this
section have been met.
24. The proposed uses are designed and are to be constructed to be
harmonious in appearance with the character of the general vicinity; that if the conditions
set forth herein are complied with the use should be operated and maintained to be
harmonious with the intended character of the general vicinity and should not change the
essential character of the area;
25. The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses if the developer provides and maintains the required barming that is
adjacent to the residential neighborhood to the north. Further, the applicant should be
required to submit proposals for all lighting and also submit their plans for all types of
signage, regardless of type and variety. Further, these conditions should be made
requirements of the Development Agreement. The applicant shall be required to enter into
a Development Agreement before the annexation and zoning and the conditional use
permits are granted;
26. Sewer and water service is available, but the applicant may have to pay
additional fees for the use;
27. The use will create additional public costs for the construction of the road
through this development. Those costs will be paid for by taxpayers through the Ada
County Highway District, however, with the potential of future development in the area the
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
costs should not be excessive nor detrimental to the economic welfare of the community;
28. The use will not involve activity, process, material, equipment or
conditions of operation that would be detrimental to person, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
29. The use will have vehicular approaches to the property, which as designed
will not create an interference with traffic on surrounding public streets; only if the Ada
County Highway District Board approves the proposed roadway through this development.
This conditional use permit and the accompanying annexation and zoning requests must
be contingent upon Ada County approving the roadway through the development;
This should also be a condition of the Development Agreement and required to be
entered into by the applicant before any approvals are required.
30. The development of the property will not result in the destruction, loss or
damage of a natural or scenic feature of major importance.
31. The applicant requested zoning of the subject real property as General
Retail and Service Commercial (C-G) is consistent with the commercial designation on
the Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as commercial.
32. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
33. The development of the property as a (C-G) General Retail and Service
Commercial District, as requested by the Applicant, will be compatible to the
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
development in the surrounding area subject to the conditions of development herein
found to be reasonable in relation to the requested zone (C-G) General Retail and
Service Commercial Zoning District and is accordance with the Comprehensive Plan of
the City of Meridian.
34. There are no major or scenic features of major importance that affect the
consideration of this application.
35. The City Council finds that the proposed conditional use permit subject to the
conditions herein imposed is also compatible with the Comprehensive Plan of the City of
Meridian because:
35.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-quality
development. Enhancement of Meridian's quality of life for all residents is
achieved by applying the criteria of the Comprehensive plan and the Zoning
ordinances of the City to all applications such as the subject application.
35.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
35.3 The expansion of commercial development is facilitated by the proposed
development plan of this application subject to the conditions herein set forth.
35.4 The application is consistent with Meridian's self identity.
35.5 The subject property is designated on the "Meridian Comprehensive Plan
Generalized Land Use Map Infrastructure Planning Analysis Comprehensive
Plan and Map adopted on December 21, 1993" as Commercial.
35.6 The vicinity of the subject property is designated on the "Meridian
Comprehensive Plan Generalized Land Use Map Infrastructure Planning
Analysis Comprehensive Plan and Map adopted on December 21, 1993" in
the immediate vicinity as commercial and the neighboring area is
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
mixed/planned use development.
35.7 The subject application is relevant to the "Goals of the Comprehensive Plan"
as set forth at page 5 there of as follows:
a. Meridian's environmental quality is provided for as set forth in the plan by
the provisions of the plan to improve the total natural environment by the
adoption by the City of a City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and programs.
b. The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents, of the City and the reduction of the reliance upon Boise ~nd the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
c. The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a self-
sufficient community is achieved by applying the criteria of the
Comprehensive plan and the zoning ordinances of the city all applications
such as the subject property.
d. The Comprehensive Plan of the City of Meridian adopted December 21,
1993, Ord. No. 629, dated January 4, 1994 also provides, and it is found
by the city council, that this application is consistent with the following
provisions thereof on page 15 under Economic Development that with the
City's growing population and job base comes the need for increased
municipal services and the necessity to improve existing service delivery
systems. The cost of providing these services presents a fiscal challenge
to the City. Meridian can meet this challenge in part by continuing to
expand its economic base and creating new job opportunities for citizens.
Commercial Activity Centers: Retail, commercial and office development
are frequent partners within Commercial Activity Centers. In order to
support residential and industrial developments, areas should be set
aside as Commercial Activity Centers and their development carefully
guided.
Various commercial activity centers are designated on the generalized
land use map. Planning policies pertaining to commercial activity centers
are presented in the land use chapter of the plan.
Economic Development Goal Statement: Meridian seeks to stimulate,
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
encourage and give preference to those types of economic activities and
developments which provided for the employment of Meridian citizens
and area residents, and reduce the need for people to commute to
neighboring cities for work.
Policies:
1. The City of Meridian shall make every effort to create a positive
atmosphere which encourages industrial and commercial enterprises
to locate to Meridian.
2. It is the policy of the City of Meridian to set aside areas where
commercial and industrial interest and activities are to dominate.
3. Positive programs should be undertaken to support existing industrial
and commercial areas to ensure their continued vitality, such as:
Zoning changes to assure desired economic development.
Land Use: Commercial and retail areas are established along major
arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and
Meridian Roads) and include small commercial centers and individual
businesses. Uses include retail, wholesale, service, office, and limited
manufacturing.
Commercial Policies:
Encourage new commercial development within under-utilized existing
commercial areas.
Encourage commercial uses, offices and medical-care uses to located in
the Old Town district, business parks, shopping centers and near high-
intensity activity areas, such as freeway interchanges.
Special Community Design Areas Goal Statement: Promote, encourage,
and enhance an aesthetically-pleasing community by requiring good
design and appearance in all special areas.
Policies:
1. Require businesses and government to install and maintain
landscaping.
2. Encourage a~ea beautification through uniform sign design that
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
enhances the community.
3. Encourage the beautification of streets, parking lots, public
lands, and state highways.
4. Encourage the use of attractive open space, landscaping,
lighting and street furniture for the benefit of the public.
35.8 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
35.9 The preservation and improvement of the character and quality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to the subject application.
35.10 Compliance with the requests of the Political subdivisions providing services,
assures that community services are being provided for existing and
projected needs and that the land use patterns of the City are balanced to
insure that revenues pay for services and that the Urban Service Planning
Area is visually attractive, efficiently managed and clearly identifiable.
35.11 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and
the Zoning ordinances of the City to the subject application.
36. The proposed uses, subject to the conditions as found by the Council, would
be harmonious with and in accordance with the Comprehensive Plan and this Ordinance;
37. The property can be physically serviced with City water and sewer, if
applicant extends the lines~
38. Meridian has, and is, experiencing a population increase; that there' are
pressures on land previously used for agricultural uses to be developed into commercial
uses and other uses.
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the mailing of notice to owners
of property within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant to Idaho
Code Section 65-6512 and pursuant to 11-2-418 of the Zoning and Development
Ordinance of the City of Meridian.
3. The City has the authority to take judicial notice of its own ordinances, other
governmental statutes and ordinances, and of actual conditions existing within the City and
State.
4. The property is currently zoned (RT) Rural Transition. The applicant has
requested annexation and zoning into the City of Meridian with a (C-G) designation. The
(C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-
408 B 11 as follows:
U(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is
to provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All
such districts shall be connected to the Municipal Water and Sewer systems of the
City of Meridian, and shall not constitute strip commercial development and
encourage clustering of commercial development"
5. The Zoning Schedule of Use Control as contained in the Zoning and
Development Ordinance of the City of Meridian, Section 11-2-409, provides and regulates
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
the type of use allowed as either a permitted use, a conditiona'l use, or permitted as an
accessory use or not permitted. In the (C-G) zone convenient stores and drive-in
establishments require a conditional use permit and section 11-2-405(G) of the Municipal
Code of the City of Meridian prohibits more than one principal detached building upon one
lot except for a Planned Development (PO) as a conditional use.
6. Conditional Use Permit is defined in the Zoning and Development Ordinance,
City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this
Ordinance in a zoning district."
7. The City of Meridian has authority to place conditions on a conditional use
permit and the use of the property pursuant to Section 11-2-418 H Municipal Code of the
City of Meridian and Idaho Code Section Q7-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the duration of
development, assuring the development is maintained properly, and on-site or off-site
facilities may be attached to the permit; that 11-2-418 (0) authorizes the City to prescribe a
set time period for which is a conditional use may be in existence.
8. Section 11-2-418 D. states as follows:
"In approving any Conditional Use, the Commission and Council may
prescribe appropriate conditions, bonds, and safeguards in conformity with
this Ordinance. Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use is granted, shall be
deemed a violation of the Ordinance and grounds to revoke the Conditional
Use. The Commission and Council may prescribe a set time period for which
a Conditional Use may be in existence."
9. This application for a conditional use has been judged upon the basis of
guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it
and the things of which it may take judicial notice.
10. Section 11-2-418 C of the Zoning and Development Ordinance of the City of
Meridian sets forth the standards under which the Planning and Zoning Commission and
the City Council shall review applications for Conditional Use Permits. Upon a review of
those requirements and a review of the facts presented and the conditions of the area,
assuming that the above conditions or similar ones thereto would be attached to the
conditional use, the City Council concludes as follows:
a. The use, would in fact, constitute a conditional use and a conditional
use permit would be required by ordinance;
b. The use would be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance;
c. The use is designed and is to be constructed to be harmonious in
appearance with the character of the general vicinity; that if the
conditions set forth herein are complied with the use should be
operated and maintained to be harmonious with the intended
character of the general vicinity and should not change the essential
character of the area;
d. The use will not be hazardous or disturbing to existing or future
neighboring uses if the developer provides and maintains the required
berming that is adjacent to the residential neighborhood to the north.
Further, the appli~nt should be required to submit proposals for all
lighting and also submit their plans for all types of signage, regardless
of type and variety. Further, these conditions should be made
requirements of the Development Agreement. The applicant shall be
required to enter into a Development Agreement before the
annexation and zoning and the conditional use permits are granted;
e. Sewer and water service is available, but the applicant may have to
pay additional fees for the use;
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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f. The use will create additional public costs for the construction of the
road through this development. Those costs will be paid for by
taxpayers through the Ada County Highway District, however, with the
potential of future development in the area the costs should not be
excessive nor detrimental to the economic welfare of the community;
g. The use will not involve activity, process, material, equipment or
conditions of operation that would be detrimental to person, property
or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
h. The use will have vehicular approaches to the property, which as
designed will not create an interference with traffic on surrounding
public streets; only if the Ada County Highway District Board approves
the proposed roadway through this development. This conditional use
permit and the accompanying annexation and zoning requests must
be contingent upon Ada County approving the roadway through the
development;
This should also be a condition of the Development Agreement and
required to be entered into by the applicant before any approvals are
required.
i. The development of the property will not result in the destruction, loss
or damage of a natural or scenic feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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ORDER OF DECISION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY
ORDERED AND THIS DOES ORDER that the applicant, Eagle Partners, L.L.C., is hereby
granted a conditional use permit subject to the following terms and conditions to-wit:
1. That the property which is subject to the conditional use permit is
described as follows:
A parcel of land being all of Lot 1 Amended Magic View Subdivision
according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-
4446, records of Ada County, Idaho, and amended by an Affidavit recorded
May 28, 1996 as Instrument No. 96044575.
EXCEPTING THEREFROM: A parcel of land being on the Westerly side of
the centerline of Eagle Road Project No. F-FR-3271 (44) Highway Survey as
shown on the plans thereof now on file in the office of the Idaho
Transportation Department Division of Highways, and being a portion of Lot 1
of Amended Magic View Subdivision according to the Official Plat thereof
filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho
described as follows, to-wit:
BEGINNING at the Northeast corner of Lot 1 of said Amended Magic View
Subdivision, Ada County, Idaho; thence
North 89057'05" West (shown of record to be North 89058'29.7" West) along
the North line of said Lot 1 a distance of 40.37 feet to a point in a line parallel
with and 70.00 feet Westerly from the centerline and opposite Station
49+81.54 of said Eagle Road, Project No. F-FR-3271 (44) Highway SUlVey;
thence along said parallel line as follows:
Southerly along a 5659.58 foot radius curve right 339.39 feet to a point
opposite Station 46+37.95 a point of reverse curvature of said Highway
Survey,
Southerly along a 5799.58 foot radius curve left 238.12 feet to a point in the
South line of said Lot 1; thence
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CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
North 89038'27" East (shown of record to be North 89037'02" East) along said
South line 66.10 teet to a point in the Westerly right-of-way line of existing
Eagle Road; thence
North OO~1'33" West (shown of record to be North OO~2'57.7" West) along
said West line 576.73 feet to the PLACE OF BEGINNING.
Highway Station Reference: 44+29.65 to 49+81.54.
2. The use of the subject property shall be developed in accordance with the
site plan, which is identified as "ChevronlMcDonald's and by J.P. Co. Credit Union, Eagle
Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9646 sheet
88-2.1 of site and building data 6/98".
3. The use of the subject property on Parcel B shall be as a Credit Union
building and facility with parking and landscaping, and a drive-through on the southern side
of the proposed building. Parcel A as identified on the site plan to be used as a fast food
convenient facility with fuel islands, including eight pump stations, a vacuum air compressor
and hose BIBB, a car wash, trash enclosure, together with the convenient store and
associated parking, berming and landscaping.
4. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities
and services required by the proposed development will not impose expense upon the
public if the following conditions of development are imposed:
4.1 Applicant shall be responsible to install a water main within the right-at-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
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4.2 Water service to the proposed site could be to the existing water line installed
along the northerly side of Magic View Drive. Developer to provide the Public
Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site.
4.3 As Assessment fees for water and sewer service are determined during the
building plan review process Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian. In addition to these
assessments, water and sewer "Late Comers" fees will also be charged
against this parcel to help reimburse the parties responsible for installing the
water and sewer mains to their current points.
4.4 In order to assure that the affected and subject area will be served
adequately by essential public facilities and services the pretreatment
required and addressed on the building permit application redlines for
obtaining City sewer service, which is required.
4.5 In compliance with the requirements of the Central District Health for
approval of appropriate proposal for central sewage and central water, as
well as approval for plans for food establishments.
4.6 Sanitary Sewer service to the proposed site could be to the existing line
installed in Magic View Drive directly adjacent to the south.
4.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant
is currently being evaluated. Approval of development to be contingent upon
City's treatment plant ability to accept the additional sanitary sewage
generated by this proposed development.
4.8 The Applicant shall be required to connect the property to Meridian water and
sewer and extend the water and sewer lines to serve the property, and
resolve how the water and sewer mains will serve the property, all of which
shall be at the Applicant's, or its successor's, or successors' cost and
expense. Said water and sewer requirements shall be performed on or
before the time that the Applicant or its successor, or successors desire to
use the property or place a user on the property.
4.9 Any existing irrigation/drainage ditches crossing the property to be included
in the project are to be tiled per City Ordinance 11-9-605.M. The ditches
which are to be piped should be shown on the site plans. Plans will need to
be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public
Works Department with no variances for tiling of any ditches crossing this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
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project.
4.1 0 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
4.11 A land Use Change/Site Development application shall be filed for review
with the Nampa & Meridian Irrigation District with all laterals and wasteways
affected to be protected. Municipal surface drainage must be retained on
site. Any surface drainage leaving the site must be approved by the Nampa
& Meridian Irrigation District in accordance with their drainage plans. The
Developer must comply with Idaho Code 31-3805.
4.12 The stormwater run-off will be managed with appropriate Best Management
Practice.
4.13 Pressurized irrigation shall be installed and constructed.
4.14 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
4.15 Any existing domestic wells and/or septic systems within the project will have
to be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
4.16 All ditches, canals, and waterways shall be tiled as a condition of annexation.
4.17 The applicant shall dedicate to the ACHD a reserved right-of-way on the
northern 108 feet of the subject property; further a landscaped berm shall be
developed in the northern 35 feet of the reserved right-af-way and which
landscaped berm shall be maintained by developer.
4.18 The proposed roadway north of the proposed Idaho Power Credit Union
needs to be dedicated as a public roadway with a stub to the west. Future
development in this area will need to have proper access to the traffic signal.
Applicant shall be responsible to install a water main within the right-of-way of
the new street along the north boundary of the proposed site. Location and
sizing of the new main should be coordinated with the Meridian Water
Department.
4.19 Developer comply with the State of Idaho Transportation Departments
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
requests that a full control area is necessary to maintain adequate traffic
operations on Eagle Road and in the vicinity of Interstate 1-84 interchange.
4.20 All development approach locations shall be in accordance with the
requirements of the State of Idaho Transportation Department.
4.21 Roadway and roadway approaches to be approved by the ACHD.
4.22 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
4.23 Paving and striping shall be in accordance with the standards set forth in
Sections 11-2-414.0.4. and 11-2-414.0.5. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
(ADA) requirements.
4.24 No signage details were submitted. Detailed signage plans must be included
as part of this application for review and approval.
4.25 A developer shall comply with all life safety codes of the City of Meridian and
shall also comply with City code requirements for water supplies, sprinkler
systems, as regulated by the Fire Department.
4.26 All construction shall conform to the requirements of the Americans with
Disabilities Act.
4.27 A development agreement is required as a condition of annexation.
4.28 A roadway placed on the northern boundary of the site will also provide
potential elimination of future traffic concerns in the area.
4.29 All speaker drive-throughs to be located on the south side of the
McDonald's/Chevron fast food convenience Store.
4.30 All speaker drive-throughs to be located on the south side of the Credit Union
facility .
4.31 All signage shall be in accordance with the standards set forth in Section 11-
2-415 of the City of Meridian Zoning and Development Ordinance. No
temporary signage or flashing signs shall be permitted. Submission and
approval of all signage plans including but not limited to pole signs, reader
boards, banners, etc., and specifically any "golden arches" type signage
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
associated with the McDonalds and any outside signage associated with the
Chevron Gas Stations. These conditions shall be in addition to the
requirements of Meridian's sign ordinance.
4.32 The development shall include an additional 20 foot buffer on the north side
of the Credit Union facility and an additional 15 feet of landscaping between
the Credit Union and the ChevronlMcDonald's facility.
4.33 The development shall include construction of a solid wood fence that runs
from the southerly boundary ot Magic View north to the 1 08 foot reserved
road right-at-way.
4.34 The Credit Union facility shall operate during normal business hours
between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends.
4.35 A minimum of 68 three-inch caliper trees will be required for the paved
square footage proposed.
4.36 Particular attention needs to be paid to lighting plans to eliminate as much as
is reasonably necessary to eliminate and/or reduce glare to neighboring
properties to the north and west, and in accordance with city Ordinance
Section 11-2-414D3.
4.37 A minimum of a 35-foot-wide landscape setback is required adjacent to the
right-ot-way of Eagle Road.
4.38 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
11-9-606.8.
4.39 Future development in this area will need to have proper access to the traffic
sig nal.
4.40 The conditional use, pursuant to the Zoning Ordinance, shall not be
transferable to another owner or lessor of the subject property or to another
property;
4.41 The applicant shall meet the requirements of the City Engineer's office, the
Planning and Zoning Administrator, Meridian Fire Department, Meridian
Police Department, Meridian Sewer Department, Central District Health
Department and Nampa & Meridian Irrigation District and other governmental
agencies submitting comments;
4.42 The conditional use shall not be restricted to a period of authorization but
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
may be reviewed annually, upon notice to the applicant, for violation of any
conditions imposed herein and other conditional use applications;
4.43 All ordinances of the City of Meridian must be met, including but not limited
to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code,
the Fire and Life Safety Codes, all parking and landscaping requirements;
4.44 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
4.45 All signs must meet the requirements of the Uniform Sign Code and the
Meridian City Ordinance, in addition, flashing signs and temporary signs will
not be permitted. All signs are subject to review. In addition to the Meridian
Sign Ordinance; all signage of any type must be approved by the Meridian
City Council. Sign permits are to be obtained prior to construction. Upon
three days notice to any tenant, the City of Meridian will remove any
unauthorized signage.
4.46 Applicant will provide a screened trash enclosure per City Ordinance Section
11-2-414.A.3. The applicant shall coordinate dumpster site locations with the
City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so
as not to impede fire access.
4.47 All driveway and parking areas shall be paved, with all driveway accesses
approved by the Ada County Highway District. Graveled driveways, parking
and access are unacceptable. A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall be submitted to the City
Engineer (Ord. 557, 10-1-91) for all off street parking areas. All site drainage
shall be contained and disposed of on-site. All driveway and parking stall
dimensions shall comply with Meridian City Ordinance.
4.48 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to comply with
pretreatment requirements as determined by the Meridian Wastewater
Department, and enter into an Assessment Agreement with the City of
Meridian.
4.49 The applicant shall provide parking lot lighting plans to the Meridian Public
Works Department. Illumination of the site shall be designed to not cause
glare or adversely impact neighboring residential properties or the traveling
public, as determined by the City of Meridian.
Further, the applicant shall submit lighting plans specifically for the Chevron
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
Station. Prior approval of those plans shall be a condition to granting the
conditional use permit.
4.50 Significant changes from the site plan approved under this conditional use
permit, as determined by the Planning and Zoning Administrator, will require
re-noticing and re-hearing before the Planning and Zoning Commission and
Council.
4.51 It shall be a condition of the conditional use permit that the applicant enter
into a Development Agreement with the City of Meridian. The conditional use
permit shall not be granted or become effective until the Development
Agreement is executed and recorded.
It is therefore concluded that the conditional use permit for the subject property is in
the best interest of the City of Meridian, and it is ordered that the conditional use permit
shall be conditioned upon meeting the requirements of this Decision and Order, and if the
conditions hereinabove are not complied with by the applicant, the applicant shall not be
entitled to hook up to water and sewer nor obtain an occupancy permit or a temporary
occupancy permit unless compliance with these conditions would naturally require
temporary hook up and temporary occupancy permit in order to complete the development
as is required by this permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28
CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC
APPROVAL OF ORDER OF DECISION
The City Council of the City of Meridian hereby adopts and approves this
ORDER AND DECISION.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED t/ L.--t~~
COUNCILMAN GLENN BENTLEY
VOTED
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT C RIE (TIE BREAKER)
MOTION: APPROVED
101998-Final
VOTED
DISAPPROVED:
RECEIVED
OCT 2 0 1998
CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29
ANNEXATION AND ZONING - EAGLE PARTNERS LLC
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RESOLUTION NO 2 () I
BY: t! haJ- lie.-- R {J ttJ1, -Ire e.-
{! Ot(.,i/LC I~ / ;na~
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", CITY OF
MERIDIAN, GRANTOR.
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 FARWEST DEVELOPERS., an Idaho
Company, 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 Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with FAR WES T
DEVELOPERS, an Idaho Company, entitled "DEVELOPMENT
AGREEMENT" 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 OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH F ARWEST
DEVELOPERS / THOUSAND SPRINGS SUBDIVISION
PASSED BY TIIE COUNCIL OF TIIE CITY OF MERIDIAN,
IDAHO, this 2o~ay of tJo.f-t,vbe~ , 1998.
APPROVED BY TIIE MAYOR OF TIIE CITY OF MERIDIAN,
IDAHO, this 2o-f!: day of 6?civ ~ , 1998.
ATTEST:
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOP1vIENT AGREE1\ffiNT WITH F ARWEST
DEVELOPERS / THOUSAND SPRINGS SUBDIVISION
2
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE APPLICATION )
OF HERMES ASSOCIATES AND DAKOTA ) FINDINGS OF FACT AND
COMPANY, INC., THE APPLICATION FOR ) CONCLUSIONS OF LAW AND
CONDITIONAL USE PERMIT FOR A ) RECOMMENDATION TO CITY
REGIONAL SHOPPING CENTER, SOUTH- ) COUNCIL
EAST CORNER OF EAGLE ROAD AND )
FAIRVIEW AVENUE, 74.74 ACRES, PARCEL)
ONE AND PARCEL TWO, TAX PARCEL )
NUMBERS 51109233945 AND 51109212467, )
MERIDIAN, IDAHO )
The above entitled conditional use permit application having come on for public
hearing on July 14, August 11, 1998, September 8, 1998, and September 24, 1998, on
said dates at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the
Planning and Zoning Commiss.ion having heard and taken oral and written testimony and
the Applicant appearing in person, and having duly considered the matter, the Planning
and Zoning Commission makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the first said public hearing scheduled for July 14,
1998, before the Planning and Zoning Commission, the first publication appearing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
/'
I
written notice having been mailed to property owners or purchasers of record within 300
feet of the external boundaries of the property under consideration more than fifteen (15)
days prior to said hearings and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing and the copies
of all notices were made available to newspaper, radio and television stations as public
service announcements; and the matter having been duly considered by the Planning
and Zoning Commission at the July 14, 1998, August 11, 1998, September 8, 1998 and
September 24, 1998 public hearings; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 967-6509, 6512, and 911-2-416E and 418E as evidenced by the
Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. The property is located within the City of Meridian; that the general location
of the property is on 73 acres on the southeast corner of the intersection of Fairview
Avenue and Eagle Road, Meridian, Idaho, and described in the application which
description is incorporated herein.
4. The application represents that it is being pursued by Hermes Associates
and Dakota Company, Inc. on behalf of the record property owner, Gerntone, Inc., in
accordance with the Affidavit of legal interest executed by Gemtone, Inc., and on file as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
matter of record in this action and incorporated herein.
5. Hermes Associates and Dakota Company, Inc. have filed a written request
for a conditional use permit.
6. The Meridian Planning and Zoning Commission takes judicial notice of its
Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of
the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary.
7. The subject property is currently zoned (I-L), Light Industrial, subject to a
conditional use permit which was granted to Gemtone, Inc. in 1991 for development of
the subject property as a planned unit development general in accordance with the City of
Meridian Zoning and Development Ordinance. The original planned unit development
permit requires the issuance of a new conditional use permit for any subsequent uses of
the property. The zoning of the Light Industrial District (I-L) is defined within the City of
Meridian Zoning and Development Ordinance, Section 11-2-4088(14).
8. Capital Development Corporation has developed the portion of the planned
unit development lying to the east and south of the subject property wherein a residential
subdivision is currently located. The applicants now seek approval of their application for
a conditional use permit for shopping, center and commercial project.
The subject
application requests approval of an approximately 848,000 plus/minus square foot multi-
tenant shopping center involving a variety of retail, office and other commercial uses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
more specifically set forth within the subject application and testimony submitted during
the afore stated public hearings.
9. The applicant and several consulting experts testified during the public
hearings regarding the specific characteristics of the proposed project; that the project
was in fact consistent with the original conditional use permit and planned unit
development and that the applicant was agreeable to reasonable conditions imposed by
the Planning and Zoning Commission and the Meridian City Council to ensure the
compatibility of the project with the Meridian Comprehensive Plan, the City of Meridian
Zoning and Development Ordinance, and the standards set forth within the conditional
use permit and the planned unit development provisions of the ordinance.
10. Several residents of the adjoining residential subdivision testified in
opposition to the project. Such residents did at all relevant times, however, have
knowledge either actual or constructive that the subdivision was developed as a part of a
planned unit development within a Light Industrial Zone (I-L). Several residents further
testified regarding the sufficiency of the berm and buffering between the commercial and
residential portions of the development and the noise reduction measures incorporated
within the project for the property between the subject commercial development and the
residential homes.
11. Robert Phillips, a homeowner in the adjoining subdivision, and JoAnn
Butler, an attorney representing Capital Development, Inc., raised several legal
arguments supporting their claim that the proposed development is not a permitted use
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
within the (I-L) Light Industrial Zone.
12. A representative of the Ada County Highway District further testified
regarding various transportation related issues and a report from the Ada County
Highway District was admitted into the record and incorporated herein, which included
numerous recommendations and requirements of the Ada County Highway District for the
project.
13. By agreement from the applicant, Kerria Standlee, P.E. from the
engineering firm of Daly Standlee and Associates, Inc., 4900 SW Griffith Drive, Suite 216,
Beaverton, Oregon 97005, testified during the hearing regarding the noise reduction
issues and submitted as part of the record a report dated September 23, 1998, including
a summary of findings and recommendations to the Commission regarding such issues.
14. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and
through a Memorandum dated July 9, 1998, and by and through testimony during the
public hearings on this matter. Such report and comments are hereby incorporated
herein.
15. The Central District Health Department, the Meridian City Police
Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and
the Meridian Sewer Department submitted comments which are also hereby incorporated
herein.
16. The uses proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
conditional use as determined by City Policy.
17. The proposed uses within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
18. The uses proposed within the subject application will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance
or intended character of the general vicinity and that such uses will not change the
intended essential character of the same area.
19. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
20. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, and sewer.
21. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
22. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
23. Sufficient off-street parking for the property and the proposed uses of the
property will be provided.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
24. The development will not result in the destruction, loss or damage of natural
or scenic feature of major importance relating to the property.
25. The proposed development will achieve a convenient pattern of commercial
and residential uses, as well as public services which support such uses.
26. The proposed development plan encompasses maximum site design
flexibility.
27. The proposed development is consistent with the general standards for
Planned Developments relating to site accessibility, roadways, off street parking, utilities,
open space, landscaping, and irrigation facilities and drainage systems as set forth within
the City of Meridian Subdivision and Development Ordinance, Section 11-9-607(G).
28. The proposed development is further consistent with the design standards
for Planned Development General as set forth within the City of Meridian Subdivision and
Development Ordinance, Section 11-9-607(J).
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. A Planned Development (PO) is defined within the City of Meridian Zoning
and Development Ordinance as:
"PLANNED DEVELOPMENT (PO): An area of land which is developed as a
single entity for a number of uses in combination with or exclusive of other
supportive uses. A PO may be entirely residential, industrial, commercial or a
mixture of compatible uses. A PO does not necessarily correspond to lot size,
bulk, density, lot coverage required, open space or type of residential, commercial
or industrial uses as established in anyone or more created districts of this
Ordinance."
5. A Planned General Development (PD-G) is defined within the Meridian City
Zoning and Development Ordinance as:
"PLANNED GENERAL DEVELOPMENT (PO-G): A development not otherwise
distinguished under Planned Commercial, Industrial, Residential Developments, or
in which the proposed use of interior and exterior spaces requires unusual design
flexibility to achieve a completely logical and complementary conjunction of uses
and functions. This PD classification applies to essential public services, public or
private recreation facilities, institutional uses, community facilities or a PO which
includes a mix of residential, commercial or industrial uses."
6. To develop a parcel of property as a Planned Unit Development General, in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY/ INC. - REGIONAL
SHOPPING CENTER
a light industrial zoning district, a conditional use permit is required to be obtained. City
of Meridian Zoning and Development Ordinance, Section 11-2-409(C).
7. The Planned Unit Development provisions contained within the City of
Meridian Subdivision and Development Ordinance, Section 11-9-607(E) provide flexibility
to the Meridian City Council and the Planning and Zoning Commission in approving a
conditional use permit within a Planned Unit Development, and more specifically states as
follows:
11-9-607 (E): CIA PD shall be allowed only as a conditional use in each district
subject to the standards and procedures set forth in this Section. A PD shall be
governed by the regulations of the district or districts in which said PO is located.
The approval of the Final Development Plan for a PO may provide for such
exceptions from the district regulations governing use, density, area, bulk, parking,
signs, and other regulations as may be desirable to achieve the objectives of the
proposed PD, provided such exceptions are consistent with the standards and
criteria contained in this Section."
8. The Commission has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development:
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
i. Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
9. Prior to granting a conditional use permit in an Light Industrial zone (I-L), a
public hearing shall be conducted with notice be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for conditional use permit all in accordance
with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development
Ordinance.
10. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meri~ian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
11. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained property;
e. Designate the exact location and nature of the development;
f. Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in
this Ordinance.
12. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning Commission hereby approves the proposed
application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
a. That minimum six foot (6') by nineteen foot (19') planting islands be
placed within the parking lot of the subject development project. The
design of the islands shall be determined by the applicants'
landscape architect and the City of Meridian staff shall have the
authority to provide final approval through the design review process
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
of the final location and design of the plantings. The final design
shall not have more than 150 feet between landscaped areas per
parking row.
b. There shall be placed a twenty foot (20') wide berm along the
perimeter of the development project as it sits along Eagle Road
and Fairview Avenue. Any sidewalks along such roads shall either
be placed within the Ada County Highway District right-of-way or
the aforementioned berm shall be increased from twenty feet (20')
to the extent necessary for the placement of such sidewalks.
c. If the Idaho Transportation Department right-of-way is to be
included within the proposed development, a License Agreement
shall be obtained for the landscape encroachment from the Idaho
Transportation Department and/or the Ada County Highway
District.
d. There shall be placed a twenty foot (20') wide buffer zone between
the project and the residential community located to the east and
south of the project and that such buffer shall include a three foot
(3') berm with staggered trees as designed by the applicants
landscape architect subject to final approval through design review
by Meridian Planning and Zoning staff. Further included within
such buffer zone shall be a minimum six foot (6') high masonry
block wall extending the entire length of the buffer zone. The exact
location of such wall shall be determined by the applicant in
conjunction with the residential neighborhood homeowners
association with final approval to be provided by staff through
design review and the buffer zone and masonry wall will be
constructed prior to issuance of the first occupancy permit.
e. The City of Meridian Planning and Zoning staff shall have final
design and architectural approval through design review for any
present or future development within the subject development
project.
f. The following requirements as contained within the report of Daly
Standlee & Associates, Inc., dated September 23, 1998, and
included herein as a part of the record, shall be strictly adhered to
by the applicant, and any and all lessees, sublessees, tenants,
contractors, subcontractors, service providers, or other users of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
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project in any way:
a. The engines of all trucks should be turned off once the
trucks are at a truck dock.
b. Trucks shall not be allowed to park in the driveway between
the stores and the Crossroads development with their
engines running for more than 5 minutes.
c. Trucks with a refrigeration unit mounted on the trailer shall
not be allowed to park between the stores and the
Crossroads development for any amount of time if the
refrigeration unit on the trailer is operating.
d. The refrigeration unit on refrigerated trailers parked at the
dock of Building 1-8 (a proposed grocery store) shall be
turned off after the trucks are parked and a 20 foot high
barrier (or higher if you desire for aesthetic reasons) shall be
constructed along side the truck dock if trucks with
refrigerated trailers will be parked at the dock with the
refrigeration equipment operating. The barrier shall extend
20 feet (or longer if desired for aesthetic reasons) beyond
the front of the typical refrigerated trailer that will be parked
at the dock.
e. The refrigeration unit on refrigerated trailers parked at the
truck dock of Building 1-L (the proposed membership
warehouse store) shall be turned off after the trucks are
parked and an 18 feet high barrier (or higher if desired for
aesthetic reasons) shall be constructed along side the truck
dock if trucks with refrigerated trailers will be parked at the
dock with the refrigeration equipment operating. The barrier
shall be constructed to extend 18 feet (or longer if desired
for aesthetic reasons) beyond the front of the typical
refrigerated trailer that will be parked at the dock.
f. The delivery doors of all stores shall be closed after a
delivery is made if fork lifts will be used inside the receiving
area after the truck is unloaded.
g. All compactors located within 70 feet of a residential
property line shall be surrounded on all sides except the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
(
truck pick-up end by solid walls that extend at least 3 feet
above the height of the compactor. The truck pick-up end of
the compactor shall not face toward the residential
development.
h. Garbage service shall be scheduled between 7 AM and 4:30
PM.
i. Barriers constructed within the project should be solid (>4
pounds per square foot) and airtight.
g. The following recommendations contained within the Ada County
Highway District report, dated September 25, 1998, and included
as part of the record in this proceeding shall be strictly adhered to
by the applicant and any and all lessees, sublessees, tenants,
contractors, subcontractors, service providers, or other users of the
project in any way:
a. The applicant shall revise the site plan to provide internal
site circulation equivalent to a public street system to ensure
that intra-site circulation does not use the public street
system to circulate through the adjacent subdivision to gain
access to the signalized intersections on Eagle Road and
Fairview Avenue. The on-site system shall roughly parallel
Fairview Avenue and Eagle Road but shall not be located
immediately in front of the stores. Opening of access aisles
located 1 aD-feet or more away from and parallel with
Fairview Avenue and Eagle Road will fulfill this requirement.
The access aisles shall be as direct as possible and provide
a means of driving a vehicle from Records Drive to Pine
Avenue without interruption except at the major driveways
into the site and at Presidential Drive. The internal site
circulation proposal submitted by the applicant during the
September 24, 1998 public hearing shall be constructed,
subject to final approval upon design review by the City of
Meridian Planning and Zoning staff, in the manner
represented during such hearing.
b. In order to reduce trips to and from this development tenants
occupying the proposed building shall be required to form an
Alternative Transportation Program.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
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(
c. In order to reduce trips to an from this development, the
tenants occupying the proposed building(s) shall be
encouraged to participate in a Transportation Management
Association (TMA) or Transportation Management
Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
d. The applicant shall comply with requirements of ITD for
Eagle Road (State Highway 55) frontage. The applicant
shall submit to the District a letter from ITO regarding said
requirements prior to District approval of the final plat or
issuance of a building permit (or other required permits),
whichever occurs first.
e. The applicant shall dedicate sufficient additional right-af-way
to total 56-feet from centerline of Fairview Avenue from the
intersection with Eagle Road for a distance of 650-feet east
of the intersection, then taper to 50-feet from centerline in
200-feet, and continue 50-feet of right-af-way to the east
boundary of the development.
The right-of-way shall be dedicated by means of recordation
of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be
compensated for all right-at-way dedicated as an addition to
existing right-of-way from available impact fee revenues in
this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance #188.
f. The applicant shall dedicate sufficient right-of-way abutting
Eagle Road for the future Eagle Road Interchange.
Applicant shall further coordinate the right-of-way
requirements with District staff. The right-of-way is generally
described as being a minimum of 226-feet wide (113-feet
east of centerline) from Fairview Avenue south for 60Q-feet.
The right-of-way needs then taper to 146-feet wide (73-feet
from centerline to a point 1 ,40Q-feet south of Fairview
Avenue. The owner will be compensated for all right-af-way
dedicated as an addition to existing right-of-way from
available impact fee revenues in this benefit zone, if the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance #188. It is understood that
ITD will reimburse the District for the cost of this right-af-way
acqu isition.
g. The applicant shall dedicate sufficient right-of-way abutting
Fairview Avenue for the future Eagle Road interchange.
Applicant shall further coordinate the right-of-way
requirements with District staff. The right-of-way is generally
described as being a minimum of 176-feet wide (84-feet
south of centerline) from Eagle Road east for 500-feet, then
tapering to 120-feet (60 from centerline) at 1 ,000 feet east of
Eagle Road. The owner will be compensated for all right-of-
way dedicated as an addition to existing right-of-way from
available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance #188.
h. The applicant shall dedicate 76-feet of right-of-way (38-feet
from the centerline) for Records Drive from Fairview Avenue
to a point 30Q-feet south of Fairview Avenue and 60-feet of
right-of-way (3D-feet from centerline) for Records Drive from
that point to the south boundary of the parcel by means of
recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first. The owner will not
be compensated for this right-of-way because Records Drive
is a local street.
i. Prior to beginning a phase of the development that exceeds
450,000 gross square feet, the applicant shall construct the
needed improvements to create dual left-turn lanes on the
two Fairview Avenue approaches of the Eagle/Fairview
intersection and right-turn lanes on all legs of the
intersection. The developer will be allowed to offset the cost
of the two left turn lanes on the Fairview Avenue legs of the
intersection from the impact fee to be collected for the
development.
j. Prior to the construction of any portion of the development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
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south of Presidential Drive, the applicant shall construct the
needed improvements to create dual left-turn lanes on the
eastern approaches of the Eagle/Pine intersection.
k. The applicant shall construct a five-foot sidewalk on Fairview
Avenue abutting each development phase (approximately
2,600-feet total) prior to issuance of any Certificate of
Occupancy. The construction plans for the development
showing the sidewalk must be approved prior to issuance of
a building permit.
I. The applicant shall construct a five-foot sidewalk on Eagle
Road abutting each development phase (approximately
2,600-feet total) prior to issuance of any Certificate of
Occupancy. The construction plans for the development
showing the sidewalk must be approved prior to issuance of
a building permit.
m. Prior to opening of the development, construct pavement
widening on Fairview Avenue to one half of an 89-foot street
section abutting the parcel (approximately 2,600-feet). The
applicant will not be compensated for this construction.
n. Prior to opening of the development, construct pavement
widening on Fairview Avenue to add one eastbound lane
from Eagle Road to a point 50Q-feet west where the existing
improvements end. The cost of this improvement will be
offset from the road impact fee to be collected for the
development.
o. The applicant shall construct a five-foot sidewalk on Pine
Avenue abutting each development phase (approximately
1 ,300-feet) prior to opening of any development south of
Presidential Drive.
p. The applicant shall construct the four driveways on Fairview
Avenue as proposed. The driveways should be located as
proposed on the site plan dated 8/3/98, prepared by
Quadrant Consulting, Inc. and on file with the District:
approximately 440-feet, 940-feet, 1 ,51 Q-feet, and 2,480-feet
east of Eagle Road respectively.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY/ INC. - REGIONAL
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1. The western driveway on Fairview Avenue (Driveway)
is to be constructed as a right-in/right-out driveway,
with driveway width limited to 3D-feet and a minimum
storage length of 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection
with Fairview Avenue. Extend the existing median
island in Fairview Avenue from its easterly terminus to
a point 50-feet east of the eastern edge of driveway A
and construct pavement tapers with 15-foot radii.
2. The second driveway on Fairview Avenue (Driveway
B) is to be constructed as a full access driveway with
a width limited to 40-feet. The minimum storage
length shall be 1 DO-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection
with Fairview Avenue. Construct pavement tapers
with 15-foot radii.
3. The third driveway on Fairview Avenue (Driveway C)
is to be constructed as a full access driveway with a
driveway width limited to 4D-feet. The minimum
storage length shall be 1 DO-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's
intersection with Fairview Avenue. Construct
payment tapers with 15-foot radii.
4. The fourth driveway on Fairview Avenue (Driveway D)
is to be constructed as a full access driveway with a
driveway width limited to 40-feet. The minimum
storage length shall be 1 DO-feet for outbound traffic
and 50-feet for inbound traffic. Install a 36" by 36"
high intensity STOP sign at the' driveway's
intersection with Fairview Avenue. Construct
pavement tapers with 15-foot radii.
q. The applicant shall construct Records Drive as a 65-foot
street section (with curb, gutter and five-foot sidewalk) from
Fairview Avenue to a point 30Q-feet south of Fairview
Avenue. Records Drive should be located approximately
2,100 feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes
and one northbound through/right-turn lane. Two
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
southbound lanes are needed from Fairview Avenue to a
point 30Q-feet south of Fairview. Dedicate sufficient right-of-
way for the noted improvements.
r. The applicant shall construct Records Drive as a 41-foot
street section (with curb, gutter and five-foot sidewalk) from
a point 300-feet south of Fairview Avenue to the existing
stub street within the Crossroads subdivision.
s. The applicant shall construct a traffic signal at the
Fairview/Records intersection. Provide and install' an
Opticom device for emergency vehicle pre-emption of the
signal to the satisfaction of ACHD and the Meridian Fire
Department. Other materials for the traffic signal are to be
purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal should be designed to allow the
future construction of dual left-turn lanes on Fairview
Avenue. The applicant will be responsible for the entire cost
of the signal installation. Submit the signal design to District
staff for approval prior to construction.
t. The applicant shall construct a driveway on Eagle Road
aligned with Florence Street as a full access driveway. The
driveway width should be limited to 40-feet. The minimum
storage length should be 100-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Eagle
Road. This driveway may be restricted to right-in/right-out
movement in the future. Construct a deceleration lane for
the driveway.
u. The applicant shall construct Pine Avenue as a 28-foot
street section from the project's eastern property line to a
point approximately 400-feet east of Eagle Road. Widen the
approach to Eagle Road to provide two westbound left turn
lanes, one westbound through lane and one westbound
right-turn lane. Coordinate the roadway design with District
staff.
v. Prior to the commencement of construction of the area south
of Presidential Drive, construct a traffic signal at the
Eagle/Pine intersection. Provide and install Opticom device
(an optical communication device for emergency vehicle pre-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
emption of the signal operation) as part of the signal
installation. The District will provide the materials for the
signal (with the exception of the Opticom device) as its share
of the entire Pine Avenue construction from Eagle Road to
the east boundary of the development. Submit the signal
design to District staff for approval prior to construction.
Should the ACHD roadway project to extend Pine Avenue
from Eagle Road to Cloverdale Road precede the
development expansion south of Presidential Drive, all
features related to Pine Avenue are to be constructed by the
applicant prior to the building permit issuance for the
development south of Presidential Drive or the cost therefor
paid to the District. Specifically, this includes the extra left-
turn lanes onto and off of Eagle Road and into the full
access driveway from Pine Avenue into the development.
w. The applicant shall reconstruct the western median in
Presidential Drive to provide a left turn lane at the entrance
to the project site (at the store fronts). Provide a minimum of
1 OO-feet of storage area for the new turn lane. Coordinate
the roadway design with District staff.
x. The applicant shall construct a full access driveway on
Presidential Drive as proposed 340-feet east of Eagle Road.
The driveway width should be limited to 3D-feet. The
minimum storage length should be 50-feet. Install a 36" by
36" high intensity STOP sign at the driveway's intersection
with Presidential Drive.
y. The applicant shall construct a full-access driveway
connection to Presidential Drive at the midpoint between
Eagle Road and the project roadway in front of the stores.
The minimum storage length should be 50-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's
intersection with Presidential Drive.
z. The applicant shall construct a full access driveway on
Presidential Drive as proposed 620-feet east of Eagle Road.
The driveway width should be limited to 3D-feet. Install a
36" by 36" high intensity STOP sign at the driveway's
intersection with Presidential Drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
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aa. The applicant shall reconstruct the westbound approach at
the Eagle Road/Presidential Drive intersection to provide two
westbound travel lanes. Coordinate the roadway design
with District staff.
bb. The applicant shall construct deceleration tapers at each of
the driveways on Eagle Road. Coordinate the design with
ITD staff.
cc. Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Pine Avenue or
Fairview Avenue is prohibited.
dd. The applicant shall construct a full access driveway on
Records Drive as proposed 175-feet south of Fairview
Avenue, limited to 3D-feet of driveway width. The minimum
storage length should be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with
Records Drive.
ee. The applicant shall construct a full access driveway on
Records Drive as proposed 300-feet south of Fairview
Avenue, limited to 3D-feet of width. The minimum storage
length should be 50-feet. Install a 36" by 36" high intensity
STOP sign at the driveway's intersection with Records Drive.
ft. The applicant shall construct a full access driveway on
Records Drive as proposed 5DQ-feet south of Fairview
Avenue, limited to 3D-feet of driveway width. Install a 36" by
36" high intensity STOP sign at the driveway's intersection
with Records Drive.
gg. The applicant shall construct a full access driveway on
Records Drive as proposed 80D-feet south of Fairview
Avenue, limited to 3D-feet of driveway width. Install a 36" by
36" high intensity STOP sign at the driveway's intersection
with Records Drive.
hh. The applicant shall construct a right-in/right-out driveway on
Pine Avenue 175-feet east of Eagle Road, limited to a
driveway width of 3D-feet. The minimum storage length shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
be 1 aD-feet. Install a 36" by 36" high intensity STOP sign at
the driveway's intersection with Pine Avenue. A median
island shall be installed in Pine Avenue from the stop bar at
Eagle Road to a point 50-feet east of the driveway.
ii. The applicant shall construct a full access driveway on Pine
Avenue as proposed 340-feet east of Eagle Road, limited to
3D-feet of driveway width. The minimum storage length
should be 1 aD-feet. Install a 36" by 36" high intensity STOP
sign at the driveway's intersection with Pine Avenue.
jj. The applicant shall construct a full access driveway on Pine
Avenue as proposed 620-feet east of Eagle Road, limited to
a driveway width of 3D-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection with Pine
Avenue.
kk. The applicant shall construct and install traffic calming
facilities on Presidential Drive beginning at the eastern
property line of the development and extending through the
intersection with Fillmore Way. Coordinate the design and
placement of the calming facilities with District staff and the
Crossroads Subdivision Owners Association.
II. Modify the site plan to create a vehicular way behind the
pads fronting on Fairview Avenue and Eagle Road
(approximately 1 aD-feet into the site) to connect Records
Drive and Pine Avenue. Install curb returns at the
intersections of this vehicular way with Records Drive and
Presidential Drive. Install STOP signs on the access aisles
intersecting with this vehicular way and install STOP signs
on the vehicular way at its intersections with Records Drive,
the five major driveways into the site, Presidential Drive and
Pine Avenue. Coordinate the location of the vehicular way
with District staff.
h. Any and all sweeping and loading performed within the premises of
the development project shall be performed between 9:00 AM and
2:00 PM with exception for a grocery store which is contemplated
to be included within the project. Any sweeping and loading
performed for a grocery store within the project shall be
accomplished between the hours of 5:00 AM and 2:00 PM.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
i. Any and all lighting and signage to be included within the
development project shall be submitted for final approval upon
design review by the City of Meridian Planning and Zoning staff.
j. A contact person for the development project to address any and
all concerns relating to the project shall be accessible on a 24 hour
basis. The current name(s), address and telephone numbers of
such contact person(s) shall be maintained by the applicant with
the City of Meridian Planning and Zoning staff and a representative
of the Crossroads Subdivision Homeowners Association at all
times.
k. If at some date subsequent hereto, following the construction of the
development project, the noise levels extending from the loading
docks between the subject development project and the residential
subdivision to the east and south of the project, exceed the decibel
level indicated within the report from Daly Standlee and
Associations, Inc., dated September 23, 1998, and admitted as part
of the record herein, noise attenuation measures shall be taken by
the applicant to reduce the decibel levels to that set forth in the
report. Any noise level testing or readings shall be performed at
any location on the property line between the development project
and the adjoining residential subdivision.
I. All requested conditions set forth within the memorandum of Bruce
Freckleton, the Assistant to the Meridian City Engineer, and Shari
Stiles, the Meridian Planning and Zoning Administrator, dated
August 6, 1998 and made part of the record herein be complied
with.
m. All comments and conditions set forth by the Meridian City Sewer
Department, City Police, Fire District, Ada County Highway District,
Central District Health Department, and Nampa & Meridian
Irrigation District and made part of the record herein must be
complied with.
13. The conditions shall be reviewable by the Commission pursuant to
Section 11-2-418(K) of the City of Meridian Planning and Zoning Ordinance.
14. The above conditions are concluded to be reasonable and the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY/ INC. - REGIONAL
SHOPPING CENTER
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
15. It is hereby recommended by the Meridian Planning and Zoning
Commission that should the applicant meet the afore stated conditions that the
requested conditional use permit for the uses set forth hereinabove be granted by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
AND DAKOTA COMPANY, INC. - REGIONAL
SHOPPING CENTER
(
\-
(
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER DEWEERD
COMMISSIONER NELSON
CHAIRMAN MALCOLM MACCOY (TIE BREAKER)
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit for the uses
set forth within these Findings of Fact and Conclusions of Law as requested by the
applicant for the property described in the application with the conditions set forth within
these Findings of Fact and Conclusions of Law, and any other conditions required by the
Meridian City Council.
MOTION: APPROVED:
101398-Final
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DISAPPROVED:
~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25
CONDITIONAL USE PERMIT - HERMES ASSOCIATES
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R E C(\.
i\Dt\ COUNTY RECORDEr; ~ ~
J. Dt'\vtD NAVARHO
BOISE. IDAHO
1998 OC 2 2 PM 1: 0 4
FEE -R- - DEPUTY
-9198 100994
CITY OF MERIDIAN
ORDINANCE NO. 805
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF
lDAHO; 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 RURAL LOW DENSITY RESIDENTIAL
DISTRICT (R-2); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY
ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF
MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE
A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED
WITH 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:
That portion of Lot 6 of the Onwiler Subdivision, according to the plat thereof filed in
book 8 of plats at page 378, records of Ada County, Idaho described as follows:
Commencing at the Northwest corner of the Northwest % of the Southeast % of
Section 7, Township 3 North, Range 1 East, Boise Meridian marked by a brass
capped monument;
Thence North 89000'00" East, 1159.96 feet, along the north line of said Onwiler
WILLIAM C. HUMPHREY ANNEXATION 1
AND ZONING ORDINANCE NO. 805
OF 1.81 ACRES TO R-2
(
Subdivision and the Northwest % of the Southeast % of said Section 7 to the True
Point of Beginning marked by a "PK" nail and washer stamped PLS 6552;
Thence South 00000'00" West, 394.15 feet;
Thence North 45~4'OO" East, 230.17 feet (Record 237.72') to a point on the east
line of said Lot 6 being also the east line of said Northwest % of the Southeast %
marked by a set %" iron pin with plastic cap PLS 6552;
Thence North 00002'51" East, 235.29 feet (Record North 239.58'), along said east
line, to the Northeast corner of said Lot 6 being also the Northeast corner of said
Northwest % of the Southeast % marked by a 5/8" iron pin;
Thence South 89000'00" West, 163.72 feet (Record 159.6'), along the north line of
said Lot 6, to the True Point of Beginning.
Said tract of land containing therein a calculated area of 1.18 acres more or less,
includes all water and ditch rights appurtenant to or used in connection with the
properties being sold or conveyed hereby and is subject to rights of way or
easements of record or in use.
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 City Rural Low Density Residential District
(R-2).
SECTION 4: That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
WILLIAM C. HUMPHREY ANNEXATION
AND ZONING ORDINANCE NO. 805
OF 1.81 ACRES TO R-2
2
(
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City
of Meridian, including the lands herein annexed, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also
file simultaneously a certified copy of this ordinance and map with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-
223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20 f!:.. day of
Oct-P 6.e I- . 1998.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 20 T!1.. day of
Oc-h he J- . 1998.
- ~;Je
CITY CLERK
101998 - Final
WILLIAM c. HUMPHREY ANNEXATION
AND ZONING ORDINANCE NO. 805
OF 1.81 ACRES TO R-2
3
(
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State
of Idaho, do hereby certify that the attached copy of Ordinance No. 805, passed by the
City Council of the City of Meridian, on the 20 ~t1- day of October, 1998, is a
true and correet copy of the original of said document which is in the care, custody and
control of the City Cler~~tt1~tlZj& of Meridian.
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STATE OF IDAH~,;j ~_-_~__. i>'t-..,...,~
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County of Ada, )
1L day of ~~er ~8'9&9r, in the year 1998, before me,
, a Notary Public, appeared
WIILLIA G. BE , JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF :MERIDIAN
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""U/1 lJ ..;:"'-1 i Y RECORDER
j. D.l\V10 Nt\VARRO
SOl SEt !Di\HO
J9980C 29 PH 1: 40
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RECOOOE~ r. IUEST aF
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CITY OF MERIDIAN
ORDINANCE NO. 8tJ6
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF
IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION
IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS
DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER
TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN,
IDAHO; AND DIRECTING THE 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.
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
r
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel of land lying in the South % of Section 20, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southeast corner of Section 20, T. 3N., R. 1 E., S.M., thence N.
89OS6' 44" W. 1341.26 feet to the southeast corner of the SW % of the SE %, the
REAL POINT OF BEGINNING of this description;
Thence N. 89036'38" W. 476.32 feet to a point on the centerline of the Ridenbaugh
Canal;
THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE 1
OF 121.897 ACRES TO R-4
(
Thence N. 56000'00" W. 290.36 feet along said centerline to a point;
Thence N. 53D20'36" W~ 340.70 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the right 175.65 feet, said curve
having a radius of 750.00 feet, a central angle of 13~5'06", tangents of 88.23 feet,
and a long chord which bears N. 46OJ8'03" W. 175.24 feet to a point of tangency,
Thence N. 39055'30" W. 343.40 feet along said centerline to a point;
Thence N. 52OZ2'24" W. 242.50 feet along said centerline to a point;
Thence N. 33035'24" W. 233.60 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the right 168.45 feet, said curve
having a radius of 750.00 feet, a central angle of 12052'06", tangents of 84.58 feet,
and a long chord which bears N. 27009'21" W. 168.09 feet;
Thence N. 20043'18" W. 111.74 feet along said centerline to a point;
Thence S. 89049'11" E. 20.42 feet to a point;
Thence N. 12006'03" W. 117.00 feet to a point;
Thence N. 18002'03" E. 105.00 feet to a point;
Thence N. 39002'03" E. 301.40 feet to the southeast corner of Los Alamitos Park
Subdivision No.3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of Ada
County Recorder's Office;
Thence continuing N. 39002'03" E. 21.06 feet a10ng the east boundary of said Los
Alamitos Park Subdivision No. 3 to a point;
Thence N. 34043'03" E. 86.20 feet along said east boundary to a point;
Thence N. 40OZ2'33" E. 174.04 feet along said east boundary to a point;
Thence S 89056'27" E. 54.92 feet along said east boundary to a point on the west
line of the SE %;
Thence N. OOOZ3'51" E. 669.47 feet to the northeast corner of Los Alamitos Park No.
3 Subdivision, said corner also being the northwest corner of the SE % (the center Y4
comer) of said Section 20;
THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE 2
OF 121.897 ACRES TO R-4
Thence N. 89054'42" E. 1331.62 feet to the northwest comer of the NE % of the SE
%;
Thence S. 00011 '01" W. 118.03 feet along the west line of the NE % of the SE % to
a point on the centerline of the Ridenbaugh Canal;
Thence S. 85056'06" E. 560.97 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the left 116.45 feet, said curve having
a radius of 200.00 feet, a central angle of 33~1'36", tangents of 59.93 feet, and a
long chord which bears N. 77~3'06" E. 114.81 feet to a point of tangency;
Thence N. 60042'18" E. 121.50 feet along said centerline to a point of curvature;
Then~ along said centerline along a curve to the right 222.33 feet, said curve
having a radius of 250.00 feet, a central angle of 50057'18" tangents of 119.12 feet,
and a long chord which bears N. 86010'57" E. 215.08 feet to a point oftangenay;
Thence s. 68~0'24" E 366.30 feet along said centerline to a point on the east line of
the NE % of the SE 1/4;
Thence S. 00000'14" E. 1153.84 feet to the southeast corner of the NE % of the SE
%;
Thence N. 89050'56" W. 1336.61 feet to the southwest corner of the NE % of the SE
%;
Thence S. 00011 '31 n W. 1344.49 feet to the REAL POINT OF BEGINNING of this
descri ption;
Said parcel of land contains 121.892 acres more ore 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 City Low Density Residential District (R-4).
SECTION 4: That the City Engineer is hereby directed to alter all use and area
THOUSAND SPRINGS/FARWEST ANNEX AND ZONE ORDINANCE
OF 121.897 ACRES TO R-4
3
maps as well as the official zoning maps, comprehensive plan and all official maps
depicting the boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City
of Meridian, including the lands herein annexed, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also
file simultaneously a certified copy of this ordinance and map with the State Tax
Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-
223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 O~ day of
Ocf06er- . 1998.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 O~ day of
Ctft;6.er- .1998.
4
(
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State
of Idaho, do hereby certify that the attached copy of Ordinance No. 806 , passed by
the City Council of the City of Meridian, on the :20 .t6- day of tA::/i;ber August,
1998, is a true and correct copy of the original of said document which is in the care,
custody and control of the Gitv Clerk of the City of Meridian.
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I sEAL ; WILLI LAM G. BERG, JR
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STATE OF IDA~~"'~- "'1~' :i-"./
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County of Ada, ) II,UHH ,,\\'
On thi !)D tk day of ~+~
AttgtJ3t, in the year 1998, before me,
, a Notary Public, appeared
WIILLIA 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.
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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MERIDIAN CITY COUNCIL MEETING: OCTOBER 20,1998
APPLICANT: ITEM NUMBER: 17-81
REQUEST: DEPARTMENT REPORTS - TOM KUNTZ - LEASE RENEWAL OF 56 ACRE PARK SITE
AGENCY COMMENTS
CITY CLERK: NO INFORMATION SUBMITTED
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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All Materials presented at public meetings shall become property of the City of Meridian.
(
(
FARM LAND LEASE
Parties:
City of Meridian - Lessor
Kenneth L. Aschenbrenner - Lessee
4''10 Y\. Met'~I(;\~ ~.
Lessor owns the following described real property and hereby leases 53 acres of
said property to Lessee: the E. % of the S.W. % of the S.E. % Section 36, T4N,
R1W, Boise Meridian and the S.E. % of the S.E. % of Section 36 T4N, R1W
Boise Meridian, excepting the building site in the S. E. corner of property, and the
site of the water reservoir and facilities.
1. This lease shall begin on August 1, 1997, and shall terminate on November 1,
1998. Lessee shall pay the Lessor $5,500.00 to be paid by November 1,
1998.
2. Lessee shall pay all expenses of planting, growing, and harvesting of all crops
grown on said land.
3. Lessor shall pay all property taxes and irrigation water assessments.
4. Lessee shall pay electric bill on irrigation well.
5. Lessee provides for his own insurance needs, including liability and worker's
compensation.
Signed: /)
Lessee /~/ -2 & 4:4~~- .
Mayor
----
7uv-. 1, Lf91
Attested: - ''{~~,!.5e . (. (l
William G. Berg, ,l'l-.
City Clerk
(J~f :1 0
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..
RECEIVED
OCT 2 0 1998
CITY OF MERIDIAN
Memo
To: Will Berg
From: Bill Gigray, III
Re: Lease Agreement Aschenbrenner lessee
Date: 10-20-98
[p,t1 ~~:L
c:: V;
I was provided with a form lease agreement this afternoon. I have
prepared a new agreement and a resolution that meets the requirements of
I.C. S 50-1409 for the Council to consider. There needs to be prepared and
attached to the lease agreement an exhibit A which legally describes the
premises and provides for the exception of the building site and the area
around it that is necessary for its use. I could not verify that the legal
description was correct as provided in the form lease agreement that was
submi tted.
CITY OF MERIDIAN,
ADA COUNTY, IDAHO
RESOLUTION NO.
By Councilperson
A RESOLUTION OF THE CIlY OF MERIDIAN, IDAHO,
APPROVING A LEASE AGREEMENT BETWEEN THE CIlY OF MERIDIAN
AND KENNETH L. ASCHENBRENNER AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT.
BE IT RESOLVED BY the Mayor and the City Council of the City
of Meridian, Idallo:
WHEREAS, it is found by the Mayor and City Council that the real
property described in the proposed Lease Agreement hereinafter referred to is not
presently needed for City purposes within the proposed lease agreement term; and
WHEREAS the City Council determines that that certain proposed lease
agreement by and between the parties a copy of which is attached provides terms
which are just and equitable;
NOW THEREFO RE BE IT RESOLVED by the Mayor and Council of
the City of Meridian, based upon the above and foregoing, and pursuant to its
authority under Idaho Code S 50-1409, that the agreement by and between the City
of Meridian and Kenneth 1. Aschenbrenner, a copy of said agreement marked
"Exhibit A" attached hereto and incorporated herein by reference, be, and the same is
hereby, approved as to both form and content.
That the Mayor and City Clerk be, and they hereby are, authorized to
execute said agreement for and on behalf of the City of Meridian.
SECTION 1.
That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
SECTION 2.
RESOLUTION - 1
OCT 20 '98 17:02
1 208 466 4405
P~GE.02
(
(
All resolutions, orders, or parts thereof. in conflict herewith are hereby
repealed, rescinded and annulled.
PASSED BY THE CITY COUNCIL of the City of Meridian this day of
, 1998.
APPROVED BY THE MAYOR of the City of Meridian this day of
, 1998.
Mayor
ATTEST:
City Clerk
I cert.ifY that the above resolution was duly adopted by the City Council
of the City of Meridian held on , 1998 by the following vote:
Ayes:
Noes:
Absent:
MERIDIAN CITY COUNCIL
By:
A TrEST:
Clerk
RESOLUTION.. 2
OCT 20 '98 17:02
1 208 466 4405
PRGE.03
(
LEASE AGREEMENT
THIS AGREEMENT is entered into as of this _ day of
1998. by and between the ~ity of Meridian, a nlunicipaJ corporation ancl government
subdivision of the State of Idaho, organized and existing by virt\le of the laws of the
State of Idaho, hereinafter referred to as "City of Meridian", whose current address is
33 E. Idaho Ave., Meridian, Idaho 83642, hereinafter referred to as the "Lessor", and
Kenneth L. Aschenbrenner, an individual, whose current address is 4990 N. Meridian
Road, Meridian, ID 83642, hereinafter referred to as the "Lessee".
WIT N E SSE T H:
1. LANDS RENTED: 11\ consideration of the mutual promises and
covenants herein including, but not limited to, the rents to be paid and the services to
be performed by the Lessee, as subsequently set forth in this Agreement, the Lessor
does lease to the Lessee, and the Lessee does lease from the Lessor, the following real
and personal property located in the County of Ada, State of Idaho, more particularly
described on Exhibit "A", attached hereto and incorporated herein by this reference..
2. TERM OF LEASE:
This Agreement shall include all improvements and such water rights,
permits and licenses as are essential to the fadlitation of the terms of this Agreement
now locat.ed upon or appurtenant to the described premise.s from the 1 st day of
November. 1998) to the 31st day of August, 1999.
LEASE - J
OCT 20 '98 16:52
1 208 466 4405
PAGE. 04
(
3. POSSESSION: For the lease term, Lessee shall be entitled to
commence possession upon the date this Agreement has been executed by both the
parties hereto.
4. RENT: Lessee covenants and agre.es to pay $5,500.00 rent for sa.i,l
property_ due and payable on the 31 st August, 1999.
5. DlJfIES OF LESSOR: Lessor covenants and agrees with Lessee as
follows:
(a) Lessor will provide to Lessee the above described land and
improvements thereon. Lessor shall be: responsible for the payment for the land and
the payment of real property taxes and ot.her expenses related to providing the land
for the Lessee's use.
(b) Lessor will provide to Lessee the use of water for t.he purpose of
watering the premises under the water rights appurtenant thereto. All water
asse'_')sments shall be paid during the term of this Agreement by the Lessor.
(c) Lessor shall not be obligated to pay any portion of the production,
harvesting. hauling. storage, marketing, or other costs associated with the crops
produced on the Tt'.a) property.
(d) Lessor covenants that, upon the l..e.ssee keeping, observing and
performing the covenants of this Agreement to be kept and observed, the Lessee shall
peacefuJly and quietly possess and hold the premises throughout the term of this
LEASE - 2
OCT 20 -98 16:52
1 208 466 4405
PAGE. 05
- --'-' -r~,--, -.......v~
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(
(
Agreement without interruption from Lessor, his successors or assigns, and Lessor
shall defend Lesseels right of possession against such persoll.
(e) Crop insurance shall be at t.he option of Lessee.
(f) Lessor win perform all of the covenants of this Agreeme-.nt in a
timely manner and as required by this Agreement and will hold the Lessee harmless
for any loss occasioned by the failure of the Lessor to thus perform.
6. DUTIES OF LESSEE: Lessee covenants and agrees with Lessor as
follows:
(a) Lessee will pay the rent herein reserved to be paid by him in
the manner herein provided.
(b) Except as otheIWise specifically provided in this Agreement,
Lessee will pay all expenses and costs of operatjon arising out of the leasing, farming,
producing and harvesting of the crops to be grown upon the leased premises under
this Agreement.
(c) Lessee will farm the leased premises in a farn1er-like n1anner-.
(d) Lessee shall be responsible to maintain all irrigation ditches
in as good condition as they are at the outset of this Lease, normal WE".ar and tear
excepted.
(e) lessee shall pay all ele<..wcal expenses for irrigation pumps
associated with the irrigation of the lease premises.
LEASE - 3
OCT 20 '98 16:53
1 208 466 4405
PAGE. 06
(
(f) l.,essee will permit the Lessor, his agent or agents) to ~nter
into and upon the premises aIld each and cveIY portion thereof at. any reasonable
time or times7 for inspection thereof and of the crops thereon or to make
improvements on the propert.y.
(g) Lessee will perform all of the covenants of this Agreement in
a timely manner and as required by this Agreement and will hold the Lessor harmless
for any loss occasioned by the failure of the Lessee to thus perform.
(h) Lessee will quit and surrender possession of the premises
upon the expiration of said term and hereby waives notice to that effect, except as
othenvise specific.alJy provided herein.
(i) Lessee shall not permit, suffer, or incur any mortgage or
encunlbrance on the land herein demised or the improvements thereon.
(j) Lessee will return the land in the same condition as when
taking possession, normal depreciation except.ed.
(k) Lessee shall maintain and provide the City of Meridian as an
additional insured for all premises liability in an amount not less than the amO\lnt
required by State Law (I.C. 6-926) to be earned to cover statutory liability of the
lessor, which is a minimum of $500,000.00 single limit for damages, costs and
attorneys fees on account of bodily or personal injury. death, or property damage, or
other loss resulting from anyone occurrence or accident. Lessee shall also maintain
LEASE - 4
OCT 20 '98 16:53
1 208 466 4405
PAGE. 07
r .. UQ
(
workers' compensation insurance as required by State Law, evidence of such coverage
to be provided to the City Clerk. by Lessee in the form of a Certificate of Insurance.
7. ASSIGNMENT OR SUBLEASING: Lessee may not assign this
[..ease, sublease or underlet the demised premises without prior \VTitten consent of
Lessor.
8. SALE OF LEASED l)ROPERTI; In the event Lessor shall sell the
above-described leased pr~ises, or any portion thereof, during the term of this
Agreement or any renewal thereof, Lessor shall make. said sale subject to all the terms
of this Agreement.
9. AUTHORITY TO LEASE: The Lessor hereby warrants to the Lessee
that the Lessor has full and absolute authority to lease the propeny hereunder and
hereby covenants and a.grees to save harmless and indemnify the Lessee from all
claims of any kind including, but not limited to, attorney's fees and coun costs arising
out of daims relating to Lessor's authority to lease this property.
10. DEFAULT: In the event either party h~reto shall be in default
under the terms and conditions of this Agreement, the other pany shall give written
notice to the defaulting party stating in what respect that party has failed to comply
with the terms and conditions of this Agreement. In the event the defaulting party
shall fail to comply with the terms of this Agreement so specified within 30 days after
the giving of such notice by certified mail, then and in that event, the party giving
LEASE - 5
OCT 20 '98 16:53
1 208 466 4405
PAGE. 08
.- ... '-'='
notice shall have the option and privilege of imnlediately temlinating this Lease and
to seek damages.
II. ATTORNEY'S FEES: In the event either party defaults in the
performance or nonperformance of the terms of this Agreement and it shall become
necessary to resolve the default by any course of legal action) whether the same be
through litigation or by the intexvention of attorneys, the party detennined to be at
fault shall pay to the prevailing party reasoI1dble attorney's fees and all expenses and
costs thus incurred.
12. NOTICES: All notices required to be given to each of the parties
hereto under the terms of this Agreement shall be given by personal service upon the
party to be given notice or by depositing a copy of such notice in the United States
mail, postag~ prepaid and registered or certified, return receipt. reque-.5ted, to the
respect.ive parties hereto at the addresses hereinbefore stated or to such other address
as may be designat.ed by writing delivered to the otbe.r party. All notices given by
certitIed mail shall be deemed completed as of the date of mailing except as otherwise
expressly provided herein.
13. RELATIONSHIP OF PARTIES: Under no circumstances shall the
terms of this Agreement be deemed to give rise to a partnership or joint. venture
relationship between the parties and neither party shall have authority to obligate the
other without written consent of the other except as specifically provided in this
LEASE-6
OCT 20 '98 16:53
1 208 466 4405
PAGE. 09
- - - - -..- - - -- -"......,....,
.....LU
Le.ase~
14. CONSTRUCTION: This Agreement is binding upon the heirs~
personal represeIltatives, administrators, successors or assigns of the parties and
wherever the conte.:xt uses the singular it shall include the plural and vice versa~
15".- MANAGEMENT DECISIONS: Lessee shaJI manage the operation
of the above-described real property as a farming unit dwing the term of this Lease or
any renewal thereof~
16. SEVERABILITY: If any POrtiOI\ or portions of this AgreemeJ\t shall
be, for any reason, invalid or unenforceable, the remaining ponjon or portions shall
nevertheless be valid. enforceable and carried into effect. unless to do so would dearly
violate the present legal and valid intentions of the partie.s heret.o.
17. GOVERNING lAW: This Agreement shall be subject t.o and
governed by the laws of the State of Iciaho.
LEASE - 7
OCT 20 '98 16:54
1 208 466 4405
PAGE. 10
- - -- -. -- ~-...._-
'.~-L.
(-
(
IN WITNESS WHEREOF, tlle parties heret.o have exeC\lled this
Agreement the day and year first above written.
City of Meridian
Mayor
"Lessor"
Kenneth L. Aschenbrenner
"Lessee"
A ITEST:
City Clerk
ACKNOWLEDGMENT
STATE OF IDAHO )
:ss
County of Ada
)
On this __ day of _, in the year 1998, before me, the
undersigned, a Notary Public, personally appeared Robert D. Corrie, known or
identified to me to be the Mayor of the City of Meridian, who executed the
instrument or the person that executed the instrument on behalf of said municipality,
and acknowledged to me that such municipality executed the same.
(SEAL)
Notary Public for Idaho
Comnlission expires:
LEASE - 8
OCT 20 '98 16:54
1 208 466 4405
PAGE. 11
'-..~.c::..
(
STATE OF IDAHO )
:ss
County of Ada
)
On this _ day of , in the year 1998. before me, the
undersigned, a Notary Public, personally appeared Kenneth L. Aschenbrenner, known
or identified to me t.o be the person whose name is subscribed to the within
instrument, and acJu10wledged to me that he executed the same.
(SEAL)
Notary Public for Idaho
Commission expires:
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{,USE - 9
OCT 20 '98 16:54
1 208 466 4405
PAGE. 12
(
MERIDIAN CITY COUNCIL MEETING: OCTOBER 20,1998
APPLICANT: ITEM NUMBER: 17-A2
REQUEST: DEPARTMENT REPORTS - GARY SMITH - FINAL PAYMENT ON DRilliNG OF WELL #20
COMMENTS
SEE ATTACHED CONTRACT CHANGE ORDER
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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CONTRACT CHANGE ORDER
DA TE:
ORDER NO.:
1
CONTRACT FOR: Drillina of Supply Well No. 20
OWNER: CITY OF MERIDIAN, IDAHO
TO: RIVERSIDE, INC.
( Contractor)
You are .hereby requested to comply with the following changes from the contract
plans and specifications:
Description of Chang.as In JNCREASE DECREASE
This Change Order in Contract in Contract
----
(list separately) Price Price
1. Bid Item 3; add 25 If 18" drilling @ $t,450.00
$58.0Q/lf
2. Bid Item 4; delete 5 If 18" casing @ $187.50
$37.50/lf
3. Bid Item 5; add 29 If 1 0" casing @ $710.50
$24.501If
4. Bid Item 6; add 20 If 1 A" well screen @. $2,100.00
$1 OS. DO/If
5. Bid Item 7; add 1.8 cy sand filter @ $1 ,002.60
$557. OOley
6. Bid Item 9; delete 22.75 cy bentonite $5,,436.25
surface seal @. $235~QOLcy
7. Additive Jtem 1; 22,800 Ibs drilling mud $4,788.00
@ $O.21/lb
8. Gravel Access; $733.32 lump sum $733.52
9. Well pump testing; $5,442.00 lump sum $5,442.00
Sum of Increase and Decrease: $16,226.62 ($5.533.75)
Net Change in Contract Price: $10,692.87
JUSTIFICATION (attach supplemental documents):
See attached list, Exhibit "AU
(
CHANGE IN CONTRACT PRICE:
(
Original Contract Price:
Previous Change Orders No. none to No.
Contract Price prior to this Change Order:
Net (Increase/Decrease) of this Change Order:
Contract Price 'Nith all approved Change Orders:
$93,097.00
$0
$93,097.00
$10,962.87
$1 031789.87
CHANGE IN CONTRACT TIME:
Original Contract Time:
Previous Change Orders No. none to No.
Contract Time prior to this Change Order:
Net (Increase/Decre3se) of this Change Order:
Contract Time with all approved Change Orders:
45 days (9/30/98)
45 days (9/30/98)
9 days
54 days (10/9/98)
This document will become a supplement to the Contract and all provisions
will apply hereto.
ACKNOWLEDGEMENT OF CHANGE ORDER LIMITS BY CONTRACTOR
The increase or decrease in Contract price and/or Contract time stated in each and every
Change Order shall unequivocally comprise the total price and/or time adjustment due or
owed the CONTRACTOR for the work or changes ordered by the Change Order. By
executing the change Order. the CONTRACTOR acknowledges and agrees that the
stipulated price and/or time adjustments represent full compensation for all increases or
decreases in cost or the time required to perform the Contract as whore arising directly or
indirectly from the Change Order, incfuding costs and delays associated with the
interruption of schedules) extended overheads, delay, and cumulative impacts or ripple
effect on all other non-affected work under Contract not changed by the Change Order.
Signing of t~e Change Order constitutes full and mutual accord and satisfaction for the
adjustment in Contract price and/or time, subject to the current scope of the entire work as
set forth in the Contract Documents. Acceptance of this Change order constitutes an
agreement between Owner and CONTRACTOR that the Change Order represents an
equitable adjustment to the Contract, and that CONTRACTOR will waive all rights to file a
claim of the Change Order after it is proper1y executed.
All Change Orders shall include a written record, submitted by the CONTRACTOR, that
states the basis of cost amount, including time and materials data, that enables the Owner
to determine the necessity and reasonableness of the Change Order.
RECOMMENDED:
DATE:
ENGINEER
APPROVED:
DATE:
OWNER
APPROVED:
DA TE:
CONTRACTOR
c
EXHIBIT "A"
Change Order No. 1 - Itemized Description
Change Order Items Nos. 1 through 6: quantities in original bid schedule \Vera
based on estimates obtained from test drilling and subsequent design. Actual
quantities wefe changed in the field based upon conditions encountered during
drilling.
Change Order Item No.7: Drilling mud was an additive bid item that was
expected to be used but was not included in the bid schedule because quantities
cannot be estimated accurately prior to construction.
Change Order Item No.8: Site became inaccessible due to rain storms after
drilling was complete and prior to casing installation. It was imperative that
equipment be able to promptly install casing because bore hole was open.
Change Order Item No.9: The City requested Riverside provide a quote for
pump testing the Vw'ell as required by DEQ and for sizing of the pumping facilities~
Copy of quote attached.
(
MERIDIAN CITY COUNCIL MEETING: OCTOBER 20,1998
APPLICANT: ITEM NUMBER: 17-A:3
REQUEST: DEPARTMENT REPORTS - GARY SMITH - AWARD OF CONTRACT OF WATER TANK
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MEMO
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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All Materials presented at public meetings shall become property of the City of Meridian.
Interoffice Me 111 0
tr/dt ~J--
~ ~r15,1998
To: MAYOR A COUNCIL
Cc: file
From: GARY D. SMITH, PE
HE: Water Storage Tank - Bid Award
Dear Mayor & Council:.
Attached is a packet of infonnation that I received from our consulting engineer for this project. The bid
schedule shows who submitted bids and for what amounts. The apparent low bidder is reauestina
to withdraw his bid without oenaltv. Also attached is a copy of bis letter of request; a chronology of
events as witnessed by our consultant; and a copy of the Idaho State statute concerning "Relief from
Bids." tfthe bi1,1der is penalized for withdrawal of his bid it would amount to fotfeiture of his 50/0 bid 0000
in the amount of $62,194.
I have transmitted a copy of this packet material to City Attorney Bill Gigray 1.11 and asked for his
comments prior to the Odober 20 City Council meeting. I am not sure if Bill will have enough time to
make comment by this date, however, if he does I wanted you to have the same infonnation so that if
possible a decision can be made concerning th,e low bidders request.
Obviously, I want to make this award to a- resDonsible bidder as soon as we can. As you can see
there is a significant difference between the bid amount submitted by low and ~ low. As you can tell
from the chronology outline, a substantial amount of time has passed for the contractor to respond to
our consultar$ request of ho-N they feel about their bid. Also, I believe we should have some
documentation from the low bidder outlining where his error(s} exist. I wilJ, however, ask Bill Gigray's
concurrence on this matter prior to requesting it from the bidder.
Gary
GOO
1
MEMORANDUM
CH2MHlll
Ustick Reservoir and Booster Pump Station Bid Review
TO:
FROM:
Gary Sn1i~ P .E.~ City Engineer
John Wiskus
DATE:
October 9, 1998
The purpose of this memo is to provide the City with a sununal)' of the bid opening results and
subsequent bid review activities.
Bid Period
Bids for the project were received at the office of the City Clerk~ City of Meridian, City Hall~ until 3:00
p.m. local time~ on the 29th day of September. A total of six bids were received. Bids were opened
and publicly read. Results of the bid opening were as follows:
1.
2.
3.
4.
5.
6.
Contractors Northwest (eNI)
McAlvain Construction
Ewing Company
Turn-Key, Inc.
Wright Brothers
Allied Construction~ Inc.
$1,596,000
$1,497,000
$1,548.000
$1702,258
$1,5 44 ~ 4 78
$1,243,883
Allied Construction, Inc. was noted as the apparent low bidder. A copy of their bid and the bid
tabulation of the bids is attached for your reference. Following the bid opening, the bids were briefly
reviewed by Brad Watson, City of Meridian and John Wiskus, CH2M HILL. The bids as submitted
appeared to be in order.
Bid Review Period
On Friday, September 9, 1998, Allied Construction, Inc. faxed a letter dated October 8, 1998, to our
office, withdrawing their bid and requested return of their bid bond without penalty. A copy of their
letter and fax is attached for your reference.
The following is a chronology of the activities and conversations subsequent to the bid opening and
leading up to Allied withdrawing their bid.
9/30/98
10:20 a.m.,CH2M HILL called the Public Works Contractor's License Board
to confirm that Allied Construction~ Inc. held a current public works license.
Their license was found to be current.
9/30/98
10:50 a.m.~CH2M HILL called Floyd Hulse~ Allied Construction~ Inc. to
discuss the bid opening results and the Allied's bid. Floyd indicated they \vere
in the process of reviewing their bid. He acknowledged there was a significant
difference bet\veen their bid and the second lo\v bidder. He indicated he \vas
80llBI0 REVIEW.DOC
141841 A.l
10/2/98
10/2/98
10/6/98
10/7/98
BOl/BIo REVIEW DOC
USTICK RES( 'R AND BOOSTER PUMP STATION BID REVIEW
having his lead superintendent and the president of the company also review
their bid. Floyd indicated he hoped to be able to discuss their bid with us on
Thursday or Friday at the latest. He asked what the Engineer's estimate was
and I told him we were in the $17650,000 to $1,700.000 range but had not
refined our nun1ber to reflect some deletions to the project through AddenduIl1
No.1.
9:55 a.m.~ CH2M HILL called Floyd Hulse to see if Allied had finished
checking their bid. Floyd was out and a message was left for him to call us
back.
10: 18 a.m.~ CH2M HILL called Gary Smith to advise the City that we had not
heard anything back from Allied.
3:39 p.m., Floyd Hulse, Allied, called and indicated they were waiting to hear
back from their bonding company, who was checking on each of Allied's
subcontractors. Floyd said they expect to move forward with their bid. He
noted that they apparently didn't seem to have their greed factor as high as the
competition. He said he hoped to hear back from their bonding company
today.
2:30 p.m., George Taylor, Allied Construction, Inc. called me back and
indicated they were still looking at their bid. He noted they had been checking
with their bonding company on their subs:
George said they did not extend some of their fabricated metal items and that
they didn't include heat in their bid. He said he felt the job could be built in
less than the 240 days in the specifications. He said he would look to. do the
concrete in the spring as opposed to this winter. I asked him if he had talked
to DYK, Inc., the tank prestresser about schedule. George indicated he hadn't
and I said he should check with DYK.
George wondered what CH2M HILL's position would be on the bid bond if
Allied decided not to do the work? I said that decision would be the City's. I
told him I wouldn't want to see someone get hurt if an honest error were made.
I reiteratecL the City would have the final decision.
I asked George if he had included DYK superintendent in his bid assuming
Allied hasn't done two free base tanks in the past 5 years as require under the
experience requirements. George indicated he thought that technical support
was in their bid but that he would check.
George asked what the engineers estimate was. I said we hadn~t refined our
number but I thought it would be in the $1,650,000 to $1,700,000 range.
I asked George to get back to us and let us know which direction they needed
to head. If they are comfortable with their bid then we will get going. If there
is something that needs to get on the table with the City th.en we need to do
that as \\'ell.
USTla< REst 'R AND BOOSTER PUMP STATION BID REVIEW
George said he will get back to us late tomorrow or early Friday.
10/8/98
10:50 a.m., CH2M HILL called Gary Smith to give him an update on Allied"ls
bid review. Indicated that I was expecting to hear something from Allied on
Thursday or Friday a.m.
I discussed the need for Allied to sho,^' an honest error in their bid to have
grounds to withdraw their bid. Also noted the 5 day window to document an
error to the City in writing per the Idaho Code. I said I assumed the City
could still let the bid bond go back to the contractor even if it was beyond the
five day window. Gary said that would be a City Council decision. Gary said
he didn't want to see someone get hurt if there is evidence of an error.
I told Gary we will need to regroup ~rhen Allied gets back to us. Gary
indicated he wanted to keep things moving. If the contractor wants to meet
and discuss some legitimate issues, we can do that otherwise we should move
on to award and no need to talk to the contractor.
10/9/98
I :30 p.m., CH2M I-llLL called Allied to inquire about their bid review.
George Taylor and Floyd Hulse were out but I talked to Jerry Taylor. Jerry
indicated that Allied had a letter prepared that they were going to send to me.
The letter basically said that Allied had errors in their bid and they wanted to
withdraw their bid.
I asked Jerry to fax the letter over and I would get with the City to see what
needs to be done from here. I indicated that the City will ultimately need to
see some documentation. Allied should probably figure on some sort of
meeting with the City.
10/9/98
I called Gary Smith to let him know that Allied was requesting to withdraw
their bid. Gary ask me to prepare a chronology of activities for the City
Attorney's review.
Additionally, I am enclosing an excerpt from the Text of the Public Works Contractors License Act,
Title 54, Chapter 19, Idaho Code effective March 19, 1997. This reference deals with Relieffrom
Bids. See 54-1904B and 54-1904C.
Bid Award Considerations
Under the contract documents, the City has 65 days after the date of the bid opening to give the
successful bidder a notice of award. This extends to December 3, 1998. Others bidders are required to
hold their bid open for 90 days after the date of the bid opening.
At this time, we recommend the City Attorney revie\\' Allied's request to withdra\v their bid, and
prepare a response to that request. If you have any questions or \vould like to discuss the bid in [nare
detail please don "It hesitate to call.
BOI/BID REVIEW DOC
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NOTE TO BIDDER: Use typewriter or BLACK ink for completing this Bid Form.
BID FORM
To:
- City of Meridian
Address:
City HalL 33 East Idaho~ Meridian~ Idaho 83642
Project Identification:
Ustick Reservoir and Booster Pump Station
1. BIDDER'S DECLARATION AND UNDERSTANDING.
1.1. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has
not directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid; Bidder has not solicited or induced any person, firm, or corporation to
refrain from bidding; and Bidder has not sought by collusion to obt~n for itself any
.. .advantage over any..other Bidder or over OWNER.
1.2. In submitting this Bid, Bidder acknowledges and accepts CONTRACTOR's
representa~ion~,.~_.~ore fully set forth in the Agreement Form. '~""_'
....: .. + ~\ .;. ..1 ... "--.- 1. .~ . ... . . :
- ~.'.'" '" '.. - ;. .' :..,'
.. .. ~ _ r ~ .
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1.3. . In subIDitting~this Bid, Bidder certifies.Bidder is qualified to do business in the
.:....... ~. . ~~~te w4~!:~=th~r??}:~~~: is located asr~q~i.redby l~ws, ~.es'/~d i~~l~tions or, if
..". a1lowedJ:>y.~t~~f.e:~coyenants toobtam such qualIfication pnor to contract award.
.' . .~.~ .~:..;~~t~~. ~:..~. .... .
. ,2. ,CONTRACT..:ExECtrrION AND BONDS.' -
f ... . ~
..
.... .....................:. ~_..... _41...............~ .. ~ ., ~ ~4..;'" ~ ..___.....~. ..... ~"""~"""r~:"'~ r":" .... ~ ~ __ ..... ~ ._ . . ... . ................- ~..-...6....14....~ t.. . _ . ~ -........ 1_. -. .-.,.-........ .. .... ~,t. - -~ ~..r-~ .._~.
~.:...:.. .' ~}!.;-:,~~.... '.:"'~_::,- I .4 "~ '. i,,'::~";'~~f'"
2.1~ The -undersigned Bidder agrees, if this' Bid is accept~d~' to enter'into an
Agr~ment with OWNER on the form included in the'Bidding Documents to perform
and furnIsh' Workas"speclfi"ed"or In'dicated in the Bidding Documents for the Contract
Price deriv~q._.f~<?~ .~he l?id and withi~ the Contract Times indicated in the Agreement
.. ._._ .." ~d in.~E~o!~~f.~~~!!h.:~~e.?ther t~~ ~d condi.ti<:>ns ?r~~ !3i.~d~~gpocuments.
: . \. ". ~ J ~
.. .. ....1
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2.2. Bidder accepts the terms and conditions of the Bidding Documents.
3. INSURANCE.
3.1. Bidder further agrees that the Bid amount(s) stated herein includes specific
. . consideration for the specified insurance. coverages. -
4. CONTRACf TIMES.
: . . -. '"., -:
.: :::! ::', 1
, .
+ ~ . ~ . ~ ~
,:': ~ . 4.1. Bidde~, ,agre~_s. ~9 accept Con~act Tif!1es set forth in ~he Agreemen~ Fo~.
'~
.' 141841.Al~SP
00300
AUGUST 28, 1998
BID FORM
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141841.BOI
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5. LIQUIDATED DAMAGES.
, .
5.1. Bidder accepts the provisions in the Agreement Form as to liquidated damages.
6. ADDENDA.
6.1. Bidder herebr acknowledges that it has received Addenda
Nos. / /O^,-l~ ), . , .
(Bidder
shall insert number of each Addendum recei ved) and agrees that Addenda issued are
hereby made part of the Bidding Documents, and Bidder further agrees that this Bid
includes impacts resulting from said Addenda.
7. SUBCONTRACTORS.
. 7.1. Bidder further proposes, in the event Bidder is awarded the Contract, that the
following firms or businesses will be awarded subcontracts:
. ." 7.1.1. Plumbing ..
.. . "'. . ~ OJ
. J< MM,e(;-J;iAA'(~cpJl ~ j ~ .
Name
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Street City State Zip
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, ;"~\"::I::.d7~_1.2.Electrical,: . .ChaA.:-I~..".':{?:7:~(-~,. Irv
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. ""."/"0 ~'1:3: 'Prestressing: ..,. .: ;r::;:y Kj1T/ IliA:.>-' - ~'". -":: ::,-;,;;.\ . .'. .
.J, '. Name .:-.,.~~~." . . :. .;- :'~"
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8.
SALES AND USE TAXES.
:: ~ ~~ ;~<. ~
. 8.1. "The Bidder.ag"rees that all sales and use taxes are included in the'stat'ed Bid
prices for the work, unless provision is made herein for the Bidderto separately
itemize the estimated amount of sales tax.
8.2. In accordance with Idaho Code, Title 63, Section 1503, the Bidder, in
consideration ofsecuri~g 'the business of erecting'bI-constructing public w6rks in this
141841.Al.SP.
00300
2
AUGUST 28, 1998
BID FORM
'I
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-state, recognizing that the business in which he is ~ngaged is of a transitory character,
and that in the pursuit thereof, its property used therein may be without the state when
taxes, excises, or license fees to which he is liable become payable, agrees:
8.2.1. To pay promptly when due all taxes, (other than on real property),
excises, and license fees due to the state, its subdivisions, and municipal and
quasi-municipal corporations therein, accrued or accruing during the term of
this contract, whether or not the same shall be payable at the end of such term;
8.2~2. That if the said taxes, excises, and license fees are not payable at the
end of said term, but liability for the payment thereof exists, even though the
same constitute liens upon its property, to secure the same to the satisfaction
of the respective officers charged with the collection thereof; and
8~2.3. That, in the event of its default in the payment or securing of such
taxes, excises, and license fees, to ,consent that the department, officer, board,
. . ;:_, or taxing unit entering into this contract may withhold from any payment due
..'Vi!' , him bereunder the estimated amount of such accrued and accruing taxes,
. :~.. 'J' .'. .' excises, and license fees for the benefit of all taxing units to which said
~;;~ #: (~\':. ::::~.. .~.
y~r~~l!?...0.;\~r~,. .: CONTRACTOR is liable.
~~'!i~~t~~,:: ~~'~'-':-BASE -Br6:':' ".~; " :, ::,<. :-- .. ,
tll~~ti~i';":d:"':-- ~~1:. . L.um~_~~~- V(.ork: Bidd.erfur:ther agr~es ~o accep,t as ~~~J:la~~en~ for the LUI?P
/~~~~~}:,;::;:~,,'::" 'Sum Work proposed within the.I~iddiI1g Doc;uments based upon the undersigned's
;,~ ,~,.lJ~t~::~;,~;:'::~. own estimate of qu~tities and <;:osts and.including sales, consumer, ~se, and other
l' " .~:Nt3f~'2if./ -1~~~',~~S~P!..~P~9V~~~.l"'-~_d. ,qY~,rh_<?<l:d3l1:~ Pr:of.i!,..t!I~.t.2~Q~1.!lg l~p sum of:
~~~f~~~" - o~e, A.:1l(fY;aA/:,: ,~ .. Hf,Lt.)J?ee:I!?::.7;1.f!J(~f.<lf.)CP:.fJP 'F~- .
,4~~C:,,--~~:;_-:~~ ~~~~~..~~~~ ~~=__ ~~~:Oll,aroos
" 'lE;;'" . and "" \ , ; T , Cents, . $ I:J./.f 3 r 0 .3 ·
\ '!'f:~~tt~:,:: '. " '
i,~i~~fi>::' .10. SURETY.'
. _ 1, . ~. ~ .
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10.1. If Bidder is awarded a construction contract from this Bid, the surety who
provides th~ Performance and Payment Bond(s) shall be:
-AVt()AiJ ( ;W5uJVtW7/ u
120/ S1AJ IZ~A:v6 - 0r-Hand
Street City
whose address is
Or-.p~ q7CUJ~
State Zip
11. LICENSE~
11.1. Idaho Public Works Contractor License No.: I D t-f () 7 - AAA"" I-'-/- (5, 61, L/!-f) .
."
3
AUGUST 28, 1998
BID FORM
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(
141841.BOI
WP-BOI
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12.
BIDDER.
-.
An Individual
I
By
(Indi vidual's name and sigI?-ature) -
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A Partnership
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By
(Partnership name)
m
~
(Name and signature of general partner)
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(Title)
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,-. , .~1f"i<~ ..---:::~;~?~,~~., ""'."-'~ - -:~:~~'''--~=~:~';~~~~.~4h~7~~~~~=*~~~~:: ~'--:::'1~:~:[~-::::~1:~~!~~..I"~r.or,;~.:,,..~.~.t.~Ct' ;I,~'~
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AUGUST28 '199iL>>~.I~l~~1
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00300 .;,
4~
141841.BOI
WP-BOI
(B usiness name)
(Name and signature of person authorized to sign)
(Business name)
(Name and signature of person authorized to sign)
(Each joint venturer must sign. The manner of signing each individual, partnership, and
:JO) , 19q9 ·
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5
AUGUST 28, 1998
BID FORM
BID BOND
KNOW ALL BY THESE PRESENTS, That we, Allied Construction, Inc.
of Boise, Idaho (hereinafter called the Principal),
as Principal, and United Pacific Insurance Company
(hereinafter called the Surety), as Surety are held and firmly bOlllld unto City of Meridian
(hereinafter called the Obligee) in the penal sum of Five Percent of Total Amount Bid - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 50/0 of Total Amount Bid )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a
proposal to the Obligee on a contract for Ustick Reservoir and Booster Pump Station
Project No. 141841.A1.SP
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful
performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this
29th
day of
September
1998 .
LtwAL a5J(!;!:t;W
Witness
(Seal)
rincipal
Title
;at~
Witness
United Pacific Insurance,Company
{B
K. C. Kraig, Agent
S-0053/GEEF 7/98
Anchor Insurance & Surety, Inc., Portland, Oregon
~~.~'~r: ;"~*:,Hi;~{'1~.~-.~.-."rL,~lf~.1 iE::t 7~; >c =-,~': -:,,11 il',,:- f.. (. ~ ':'-lr~i~~Y?1 t{.!.{, i: I::' 1: ,. ~ ~< {t-1 ~ ("ll j \.! J ~_~! ~ \.'1 I ~ ~ 11 =:j ",/:!;;::; i ~~~~~":':jcl~m~f;jf~
ReLIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
.~ELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called tithe Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Gloria Bruning, Vicki L~ Nicholson, John D. Klump, K.C. Kraig. James P. Deeney. Kenneth L deLooze. Philip Forker. Gene Dietzman. Pamela S..
Frazier, of Portland. Oregon their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and
deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY. RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect. reading as follows:
ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS
1. lbe Board of Directon, me PrC3ident, the Chainnan of the Board, any Senior Vice President, any Vice President or Auiswll Vice President or olher officer designaled by the Board of Directon shall have
power and authoril)' to (a) appoint Anorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and underta.ldngs. recogniz:ances, contnct.S of indemnity and other writings obligatory in the nature
thereof. and (b) to remove any such Attorncy(s)-in-Fact ar any time and revoke the power and authority given to them.
2. Anorney(sHn-FilCt shall have power and authority, subject to the terms and limita1ions of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and uooertaldDgs,
recogcizances, conlTaCtS of indemnity and o<her writings obligatory in the nature thereof. The corporate seal is not necc:.ssary for the validity of any bonds and undertakings recognizaoces, contracts of indemnity and other
writings obligatory in the nature thereof.
3. Auomey(sHn-Fact sha.l1 have power and authoriry to execute affidavits required to be attached to bonds, recogniz.a.nces, contracts of indemnity or other conditionaJ or obligatory unden..akings and they sh.aJ1
also have power ~ authority to certify the financial statement of the Company and to cop~ of the By-laws of the Company or any article or section thereof.
This Power of Auorney is signed and .sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Commiuee.s of the Boards of Directors of Reliance Insurance Company.
United PacifIC Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and FinanciaJ Comminee of the Board of Directors of Reliance
Surety Company by Unanimous Conse nt dated as 0 f March 31, 1994.
.Resolved that the signatures of such directors and officers and the seal of the Company may be at'fued to any such Power of Attorney or any certificates relating thereto by facsimile, and any such
Power of Anorney or certiHcate bearing such facsimile signaturC3 or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures
and facsimile seal shall be val id and bind i ng upon the Company. in the fu ture with respect to any bond or undertaking to wh ich it is attached. ·
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 3D. 1998.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
STATE OF Washington
COUNTY OF King
}
} ss.
7//tM/ ~ ~
On this, April 30. 19981 before me, Laura L. Wadsworth, personally appeared Mark W.. Alsup. who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer.
t~\ ~ M
'-- '\.\ . '\
:-". ::\\J,.:'''J~ ~ -: "~-. \.",^-lJit.:~~" 7 _
~otary Public in and for the State of Washington
Residing at Puyallup
In witness whereof, I hereunto set my hand and official seal.
I, Robyn Layng, Assistant Secretary of RELIANCE .SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE
COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29 t h day of
September
year of 1 998.
;~
Assistant Secretary
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ALLIED CONSTRUCTION, INC.
P.o. Box 4245, BOISE, IDAHO 83711-4245 Pl~: (208) 338-5911
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FAX: (208) 338-1160
Pages including Cover: d-.
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FAX COVER SHEET
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'f~":"~~4781 Ellsworth
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;:!~f ~P;. O. Box 4245
> ..: ~ Boise Idaho
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'r~ ::- 83711.4245
:: ,:: Telephone
':, " {208) 338-5911
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October 8, 1998
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Mr. John Wiskus
CH2M Hill
700 Clearwater Ln.
Boise, Idaho 83702
, ~
.~
;
Ph~ 345.5310
Fax: 345-5315
. \
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Regarding: Ustick Reservoir & Booster Pump Station.
Mr. Wiskus:
Per our discussion, we have thoroughly reviewed our bid tabulations. We have
found substantial clerical errors in the extension of work items. These clerical
errors are the cause of OUf low bid price and are evident upon review of the
estimate spreadsheets.
"./ t
. ,'r
We believe the clerical errors to be apparent on the face of the bid when
comparing the spread of the bid numbers. The spread between #1 bidder and #2
bidder is greater than the spread between #2 bidder and the high bidder (#6).
Due to the substantial clerical errors in the tabulation of OUf bid, it is not in the
best interest of the Project nor Owner to consider it as a balanced,
responsive bid. A quality project could not be provided at that price.
, !
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Allied Construction therefore withdraws if's bid on this project and requests the
return of the bid security without penalty.
. l
Please give me a call if you have any questions or need any fUI1her information,
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Memo
To: Gary Smith P.E. Public ~orks Director
From: Bill Gigray, III ~
Re: Water Tank Bid
Date: 10-20-98
fr/7
/T
The City's Duty: When the expenditure contemplated exceeds twenty-five
thousand dollars ($25,000) the expenditure shall be contracted for and let to
the lowest responsible bidder. I.C. S 50-341 C
The Bidder: Cannot withdraw a bid after to time set in the notice for
opening of bids. I.C. 9 50-341 G
Exception is provided in I.C. S 54-1904 B-C . In order to qualify for
this relief the bidder shall establish by satisfaction that a clerical or
mathematical mistake was made and the bidder must give the City written
notice within five (5) calendar days after the bid opening and the mistake
must be material.
The Council can award the bid to the lowest responsible bidder and in the
event the lowest bidder refuses or fails to enter into the contract the City can
then award it to the second lowest responsible bidder and forfeit the bid
bond. I.C. S 54-1904E and I.C. S 50-341 H-I
The City Council also has the authority in its discretion to reject any bids
presented and re-advertise. There should be some rational for this action.
I.C. S 50-341 J.
The question the City Council will have to determine is can it determine who
the lowest responsible bidder is. If it can it should then proceed to award the
bid accordingly unless there is a reason to exercise its discretion to reject all
bids and re-advertise.