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HomeMy WebLinkAbout1998 12-15 MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 15,1998 -7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE CONSENT AGENDA A. RESOLUTION #206 - CITY COUNCIL'S PUBLIC HEARING PROCEDURE POLICY: (APPROVE) B. RESOLUTION #207 - REGIONAL PUBLIC TRANSPORTATION AUTHORITY: (APPROVE) C. 1999 BEER, WINE, LIQUOR LICENSE RENEWALS: (APPROVE) D. RESOLUTION #208 - INVESTMENTS E. MINUTES FROM PREVIOUS MEETING HELD DECEMBER 1, 1998: (APPROVE) REGULAR AGENDA 1. DECLARATION FOR A DRUG FREE IDAHO: (APPROVE) 2. TABLED DECEMBER 1,1998: FINAL PLAT FOR THE LANDING NO. 11 BY MALLARD LANDING LLC - SW % SECTION 13 T. 3N., R. 1 W: (TABLE UNTIL JAN. 5' 1999 MEETING) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE FOR PACKARD SUBDIVISION NO.2 BY PACIFIC NORTHWEST ELECTRIC -- NW % SECTION 5, T3N. R1 E: (APPROVE) 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: (ATTORNEY TO PREPARE FINDINGS IN FAVOR) 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: (ACCEPT RECOMMENDATION / \ FROM P & Z - ATTORNEY TO PREPARE FINDINGS AND ORDINANCE) 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 E. PINE: (APPROVE WITH STAFF COMMENTS) 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: (CONTINUE PUBLIC HEARING JANUARY 19, 1999) 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDV ALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING - NW OF EAGLE ROAD I 1- 84 INTERCHANGE AND WEST OF EXISTING TEXACO: (ACCEPT RECOMMENDATION FROM P & Z WI EXCEPTION - ATTORNEY TO PREPARE FINDINGS) 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING - NW OF EAGLE / 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: (APPROVE PRELIMINARY PLAT WITH CONDITIONS) 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY HUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF 1-84 AND WEST OF EAGLE ROAD: (APPROVE FINDINGS - APPROVE CUP) 11. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE - 800 W. OVERLAND ROAD: (ACCEPT RECOMMENDATION OF P & Z - ATTORNEY TO PREPARE FINDINGS AND ORDINANCE) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. - Y4 MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: (ACCEPT RECOMMENDATION OF P & Z - DENY REQUEST - ATTORNEY TO PREPARE FINDINGS) 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET: (ATTORNEY TO PREPARE FINDINGS) 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR - SOUTH OF 1-84 & WEST OF HIGHWAY 69: (APPROVE FINDINGS - ACCEPT RECOMMENDATION OF P & Z - APPROVE CUP) 15. REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON DEVELOPMENT AGREEMENT: (APPOVE) 16. REQUEST FOR A TIME EXTENSION FOR DAKOTA RIDGE SUBDIVISION BY STEINER DEVELOPMENT LLC: (APPROVE ONE YEAR EXTENSION) 17. REQUEST FOR BUILDING PERMIT FOR GOLFVIEW NO.4: (APPROVE WI CONDITIONS) 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: (APPROVE ONE YEAR EXTENSION) 19. DEPARTMENT REPORTS: A. GARY SMITH: 1. TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. (APPROVE) 2. DECLARE EMERGENCY - DRILLING OF WELL #18. (APPROVE) 3. REQUEST TO RETAIN ZGA ARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER. (APPROVE WI PROVISIONS) 4. AWARD OF CONTRACT I WATER DEPT. PARKING GARAGE. (APPROVE CLEARY BUILDING CORP FOR $41,756.00) 5. BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM. (TABLE UNTIL JAN. 5, 1999) B. RESOLUTION #208 - ESTABLISH INVESTMENT. (APPROVE) ( MERIDIAN CITY COUNCIL MEETING DECEMBER 15, 1998 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on December 15, 1998 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Shari Stiles, Malcolm McCoy, Mayor Bob Corrie. Corrie: We have Council items A, B, C, and I'm going to add a D on this. It's not written on the agenda, but it's the investment resolution that you have before you. Is there anyone from the Council would like to delete and reserve for later agenda time tonight I think it would be under 19C that you would like to pull off. Rountree: Mr. Mayor, I would move that we take item D off the consent agenda and put it under department reports after 19B. Bentley: Second. Corrie: Motion made and second that we take item D investment resolution off the consent agenda and make it item 19C. Any further discussion? Bentley: What about item A? Do we want to pull that and discuss it at the same time? Or is everybody - Rountree: I have no desire to do that, but if somebody else does I don't object. Bentley: I don't. Bird: I don't either. Anderson: I feel good with it. Bentley: Okay. Corrie: Okay then all those in favor of removing item D from the consent agenda, say aye. MOTION CARRIED: All ayes. Bentley: Mr. Mayor I move we adopt the consent agenda with the exception of item D. Rountree: Second. Meridian City Council Meeting December 15, 1998 Page 2 Corrie: Motion is made and second to approve the consent agenda except item D. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Mr. Mayor point of discussion. I don't see on the consent agenda the minutes from the previous meeting. Corrie: I'm sorry there isn't. Okay, I'll entertain a motion to approve the minutes of the last meeting. Bentley: So moved. Anderson: Second. Corrie: Motion made and seconded by Mr. Anderson. Motion has been made and second to approve the minutes from the last meeting. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Thank you Mr. Bentley. For the public's knowledge here, we've got quite a few public hearings. As a matter of fact there's ten public hearings. Just so the Council will know and that you will know we're going to close off the meeting tonight at 11 :00. We've found that after that we don't -- get pretty rummy in here, so with the consent of the Council and if there's anybody here that objects to the following things, I'd like to have you raise you hand now. On items 4, 5 and 6 we can take all those as one public hearing if no one has objection to it, we'll take in all three of the annexation and zoning, preliminary plat, and variance at the same time and have testimony on that. How many here that is doing testimony on items 4, 5 and 6. Okay, items 7, which is an individual for the public school district number two on the annexation. Is there anyone here tonight that's going to be - okay. And then 8, 9 and 10 we can also do the same thing. We can have the annexation, request for preliminary plat and the conditional use permit at one time. How many are here for that one? Okay, do you have any objections to that? And then the 11 12 and 13 are individual public hearings. So if we get to the point where we find out that we're running out of time to get to the other agendas 14 through 19, the Council will probably turn off the public hearing on the remaining ones and then have those be on the first agenda in January. So with that I would like to welcome everyone here this evening and thank you for being here. 1. DECLARATION FOR A DRUG FREE IDAHO: Meridian City Council Meeting December 15, 1998 Page 3 Corrie: I'll read this real quickly here. MAYOR CORRIE READ THE DECLARATION FOR A DRUG FREE IDAHO. I will entertain a motion to approve the Declaration for a Drug Free Idaho. Bird: Mr. Mayor, I move that we declare a drug free Idaho in the City of Meridian. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley that we declare the drug free Idaho declaration. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 2. TABLED DECEMBER 1,1998: FINAL PLAT FOR THE LANDING NO. 11 BY MALLARD LANDING LLC - SW X SECTION 13 T. 3N., R. 1 W: Bentley: Mr. Mayor, question for staff. Shari, at the last meeting we requested that the people from the Landing Number 11 get with you and your department and work out the problems. I want to know if that's been done. Stiles: Mr. Mayor and Councilman Bentley, Council, they did not get with me on any of these items. They have responded with the information you had in your box tonight which we received about 5: 1 0 I guess. They have also submitted a revised plat that they brought with them tonight. However it still does not meet the minimum requirements for the zone. I think one thing we really need to look at is this landscape easement. They show a 25 foot landscape easement on there now, but what they're proposing to do is have a 4 foot high berm and then have a wood fence placed within that 25 feet on top of the berm. I think the 25 feet needs to be exclusive landscaping and then their fence, and I understand what they don't want to make that a common lot because then their lots would not meet the minimum square footage requirements. The revised plat although they have made some changes and did provide some closures there is at least on first glance, there is still six lots that do not meet the minimum frontage requirements. I wold like Council to make specific requirements for that landscape berm on the interstate side there. And I don't think this plat should be approved until we get one that conforms to the ordinance. House sizes, although their response indicates they have provided that information it's not in my files and the public works department does not contain it in their files either. Bentley: Okay, thank you. Corrie: Any further discussion on the request for final plat for Landings No. 11? Meridian City Council Meeting December 15, 1998 Page 4 Bentley: Mr. Mayor seeing that I specifically requested that they would get together the developer and staff to work out these problems and get the site specific comments and other problems straightened out, I'm not in favor of approving this until these items are straightened out. Rountree: Mr. Mayor, I concur with Councilman Bentley. I don't believe that we're in a situation where we can approve a final plat when the plat doesn't conform to our subdivision ordinance. We need to have a specific lot sizes meet our ordinance, and I agree with Shari's concerns with the landscape treatment along the interstate. It is a corridor. It is a reflection of our community. It is an area where we've been trying to get landscape placed by developers, both commercial and residential, and in such a way that it's taken care of and it is reflection upon our community. So I would support that we either table this plat again or entertain the possibility of denying the final plat. Corrie: Any further comments? I'll entertain a motion to that affect. Rountree: Mr. Mayor, I think Counsel has some guidance that we need to hear yet again. Gigray: Mr. Mayor, Councilman Rountree, members of the Council, if you choose to table this which I think you very aptly could, because as I understood the motion that was made at the December 1 meeting, they were suppose to provide their responses to staff and then staff was suppose to be given an opportunity to submit their comments and I got the impression from the administrator's report this evening, she just barely received this response this evening. The question we would have is whether or not we're still within the 45 day maximum of when this was originally submitted to the Council. If it is within the 45 day up to the next Council meeting, you could move to table it one more time. If not then you have to ask the developer if they would waive that limitation. If they would then you could still do it. Corrie: How many days will this pass the 45 days Clerk? Will was that December the 1st the original table? Berg: Mr. Mayor, members of the Council, it was first heard on December 1st. That's the first hearing we've had. The application as far as our transmittals was dated November 24th. Obviously we have to have it out so many days prior to the meeting so that agencies can have time to comment. Rountree: Mr. Mayor I move that we table the second item on our agenda until our next regularly scheduled meeting January 5th, 1999. Anderson: Second. Meridian City Council Meeting December 15, 1998 Page 5 Corrie: Motion made by Mr. Rountree second by Mr. Anderson to table item number two, the final plat for the Landing No. 11 by Mallard Landing, LLC until January 5th, 1999. Any further discussion? Rountree: Mr. Mayor on the record and for the developer one consideration that I think that they must place on this development since it is right on the interstate right-of-way is to do a hard look at the hardship you are going to be putting the future residents in if you don't do a reasonable noise berm or barrier, something more than 4 feet. So that would be something that I would be looking at. Corrie: Is the developer or the representative here tonight? Okay, did you get the message then what he said? (Inaudible - off the microphone) Corrie: We're not a public hearing. The question was - okay identify yourself and just make sure that you understand what he was saying. B. Blaser: Mr. Mayor and members of the Council, represent Mallard Landing LLC. understand the comment. If you'll notice on the comment that we made in written response, we would like a higher berm. The comment from staff was a 4 foot berm. But we would like to do that. We understand the need to beautify the freeway and I think if you read our comments there, you will notice that we are proposing a solution for that. Corrie: Okay thank you. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: VARIANCE FOR PACKARD SUBDIVISION NO.2 BY PACIFIC NORTHWEST ELECTRIC -- NW % SECTION 5, T3N. R1 E: Corrie: This variance for the continuation of the one year approval for the preliminary plat to go from the 5th day of August 1998 and ending the 4th day of August 1999. Rountree: Mr. Mayor if there's no discussion I would move that the City Council hereby adopts and approves the Findings of Fact and Conclusions of Law and the Order of Decision. Bird: Second. Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the City of Meridian adopts and approves the Findings of Fact and Conclusions of Law and Order of Decision. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLlASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLlASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLlASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 E. PINE: Corrie: At the present time I'll open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the OHason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will- I don't suppose that - do you have a copy of the plat in your packet? That will work if you have one in your packet. The Planning and Zoning Commission recommended approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said you Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACHD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming - well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns. So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, I'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and - what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can sell those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley: I have none. Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to anyone of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Planning and Zoning Commission annexation and zoning request that the Findings of Fact and Conclusions of Law be prepared and also annexation ordinance be prepared by the attorney. Any further discussion? .. Gigray: Mr. Mayor point of order and clarification. In my review of the item that is submitted with this a proposed findings from the Planning and Zoning Commission I noted that there was a reference to a proposed development agreement with this project, and I don't - if that's the case, I am wondering if the motion because on annexation you have a zoning designation that raises that issue, and I guess the clarification I would need are we directed to prepare a development agreement also because your normal course is that you don't finalize your action on annexation until that's been signed and agreed to. Rountree: That's in the recommendation, is it not? Gigray: That's how I see it, but I'm just thinking if your motion would include that, then we'll go ahead and prepare that as well. Rountree: Do I need to include it if it's in the recommendation? That was my motion to accept the recommendation. Gigray: Well it's in a finding, and I was just seeking clarification. If you assume that it is, I'll follow your direction. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one Will? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: The next item will be the preliminary plat of the Oliason Park Subdivision by Tony Hickey. Meridian City Council Meeting December 15, 1998 Page 1 0 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Corrie: I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible) decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your passage of the ordinance and of course its being recorded, which makes it a final action. The Court determined that until the engineer signs on the plat there isn't a final action on the plat so you could annex and zone and approve a final plat but direct that the city engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of granting the final plat, is it not because it's a variance of the plat, and you couldn't approve the plat unless you approve the variance and that will require Findings because that's a quasi judicial matter that you have a public hearing on so we should be directed to prepare findings for your approval at the next Council meeting on that one. Corrie: On the variance. Gigray: Yes. Corrie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the preliminary plat subject to the conditions that are recommended and subject to the granting of the variance. My apologies for the mistake. Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Oliason Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting December 15, 1998 Page 11 MOTION CARRIED: All ayes. Corrie: Okay, then we need to go for the variance then for Findings of Facts. Bentley: Mr. Mayor I would move that we instruct the city attorney to prepare Findings for the variance request for Oliason Park Subdivision. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney prepare the Findings of Fact and Conclusions of Law for the variance for Oliason Park Subdivision. Any further discussion? Bentley: Can we have those prepared for our next meeting on January 5th? Corrie: Okay. Rountree: Mr. Mayor question, those Findings should reflect the recommendation of the Council? Should they not? Gigray: Yes, they will. (Inaudible) Gigray: When you make your motion that will tell me how to draft them. (Inaudible) Bentley: I'll withdraw my motion. Rountree: Help me Glenn. Corrie: If it sounds like we're confused up here, we are. We're trying some new procedures out according to some laws that's been changed and we're kind of about another four or five council meetings, we'll have it done pretty good here. Mr. Bentley, did you withdraw your motion? Bentley: Yes, I did. Bird: Mr. Mayor before we go into this, that last motion regarding the preliminary plat, that motion did Glenn reflect upon staff conditions, didn't it? Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. I just wanted to make - okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS 1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. Meridian City Council Meeting December 15, 1998 Page 13 Rountree: Yes. Could you point out Packard Sub. 1 and access to the site from that subdivision. Van Ocker: (Inaudible - off the microphone) This is just shown in a preliminary format, but we would have to develop another route coming in from the Packard Subdivision. Like I said we're working on that. ITO is kind of holding up the process until they really make a decision on whether or not we'll have access to Eagle Road. If we're not granted access on to Eagle, then we will have to go into that next phase and start to develop further access through the Packard Subdivision or property owners to the south, the developer to the south is something we're also looking into. Rountree: What's the phasing of construction at this site? Van Ocker: We're hoping to have most of our documents ready to go out to bid in the spring. Barring any unforeseen circumstances with approvals and then construction would start soon after. Rountree: I have nothing more. Bentley: I have nothing. Bird: I have none. Van Ocker: Thank you. Corrie: Is there anyone else who would like to issue testimony in favor of this annexation? LARRY SALE, ADA COUNTY HIGHWAY DISTRICT Sale: I intend this to be in favor of the application probably it's neutral, but for the information of the Council if you don't have the district's action on this, we cited the Eagle corridor study that was conducted by ITO and ACHO a couple of years ago, and which was developed a long term plan for the protection of Eagle Road. As a result of that, we are recommending that the school district plan only on a temporary access to Eagle Road if at all and if that access is granted, then they plan on it becoming right in right out only access in the future and possibly closed in the longer term future as traffic builds on Eagle Road. Our recommendation for site design was that it be oriented to the interior of the section so that vehicular access would be from the interior of the section rather than from Eagle Road. Thank you. Do you have any questions? Bird: I have none. ( Meridian City Council Meeting December 15, 1998 Page 14 Corrie: Anyone else would like to issue testimony in favor of the request for annexation? Those opposed? GREG RUDDELL 6250 WESTVIEW DRIVE, MERIDIAN Ruddell: I'm not here really to protest this site my primary purpose is to bring some school district siting matters to the City Council's and Planning and Zoning's attention. This is a good example of the request for Eagle Road. I mean we have enough problems with safety of students and I've talked to my school board member, Rex Harrison, about this site because he specifically asked me, and I said you know I'm not in favor of it. It's their best site possible, because I felt it was a little too close to Eagle Road in the fact there's a possibility the school district would make the school boundary across to the east of Eagle Road of which puts you in a situation of having kindergartners through the 5th graders crossing a five lane state highway. I mean my idea of a perfect site would be another half mile to the west and so that Eagle Road would definitely be the boundary of the boundary limit to the east, so I think that everybody needs to give consideration to these school sites, long term safety, bussing and basically my short letter is going to deal with the two other applications for annexation and rezone in the future dealing with them placing a middle school site between the Albertson's warehouse off of Eagle Road and Van Auker's off of Cloverdale and putting a technical charter school up at Ustick and Locust Grove, just north there of which those two sites appear to me to be in contrary to Meridian's Comprehensive Plan as far as school siting of which are cited in the little memo. I agree with the gentleman that spoke from over here about the access to Eagle Road. Eagle Road is within 20 years the Eagle Fairview interchange I think within 20 years will be the busiest intersection in the state of Idaho. If you want to see a bad situation just go to Cole and Fairview and an elementary school. So give serious consideration about not allowing access off of Eagle. It's not in the best interest of long term planning. I mean if they can figure out some way to do it temporary or need it until another phase of the subdivision is in, but that primary access needs to come from those subdivisions and from the west. I'll try to keep up with these other applications because we will be here with more than just myself on these other school sites that they have coming forward since they appear to be direct violation of the Comprehensive Plan, and I was hoping to get remedial solve it at the board level, but (End of Tape) Ruddell: You know the school board doesn't seem to want to look at the population trend and where the residential houses are going versus the commercial industrial and we all know what's happening over there at the corner of Fairview and Eagle. There's no more houses going to be built over there. Thanks. Meridian City Council Meeting December 15, 1998 Page 15 Bentley: Mr. Mayor I have a question. Let me understand because you took us in two different directions here. First off you say that you don't want to see the school there at the site that it's at because it's an elementary school. Ruddell: No, I'm not saying that that site is - you know it might be the best they can do. But when you have a state highway that serves Eagle, every north Ada County, McCall, Horseshoe Bend, which is - I mean when you look at the growth projections of Ada County the geometric center of the population in 20 years or thereabouts is going to be Eagle and Fairview. I mean it keeps moving west along Franklin Boulevard every year as west Meridian grows. Why are we allowing buses to turn left and right across this state highway in the middle of a section? Think about it. It's not a hazard out there today because the traffic is not that bad. But in 20 years that's going to increase by ten times and all I'm saying is the access should be from the residential neighborhoods to the west. Bentley: So the opposition you have in this is that you do not want to access off of Eagle Road. Ruddell: That is correct. You should not - I'm not sure, I mean my school board members only one opinion when he tells me that they aren't going to have this elementary school boundary cross Eagle Road. I mean as soon as you cross Eagle Road with that elementary school boundary, you create the situation of a kid wanting to ride his bike back across Eagle Road back to the elementary school to play, and you know that's a recipe for disaster having six, seven, eight year olds riding their bicycles across Eagle Road that today, what is it, 55 mile an hour speed limit. I mean I'm not anti-school. I mean these decisions - my goal is to have the Meridian School District spend our tax money very, very wisely because we need more schools. I mean we need lots of them. Bentley: Okay. Ruddell: Making unwise decisions doesn't help the ability to get bonds passed. Bentley: Okay, thank you. Corrie: Anyone else want to issue testimony in this case opposition? WALTER BURNSIDE 496 W. WATERBURY DRIVE, MERIDIAN Burnside: As a parent of young children in school, I'm opposed to building a facility where the only access is on to a major collector where the current speed limit is 55 miles an hour. It is meant to move large volumes of traffic quickly. Furthermore I cannot - I am concerned that this same approach will also serve future developments Meridian City Council Meeting December 15, 1998 Page 16 which will be unannexed and therefore out of the city's jurisdiction. I believe the plat in question is larger than the 12.2 that's under investigation here. I am opposed to building at this site and at this location for an elementary school. You compare this to Chief Joseph and its planned community and how that meets in its neighborhood and the surrounding homes, and I don't think that's what we have here. Not only buses are going to be of issue here, you have parents, teachers, people delivering children, possibly kids on bikes that are also going to be approaching Eagle and the conditions on that road. There appears to be no other access except on to Eagle, and I would (inaudible) if they would to apply their pressure to the developer to find an alternative access beside a state highway. Thank you. Corrie: I think you'll have an opportunity to speak again when the preliminary plat comes up. This is just annexation and zoning right now, but we'll put that on as testimony. Ruddell: Thank you Mr. Mayor. Corrie: Anyone else from the public who would like to issue testimony at this number seven? Staff any comments? Stiles: Mr. Mayor and Council, I guess the only comment I would have I don't think I included the requirement for a development agreement in there, but it may be appropriate in this case so that we can tie down some of those access issues prior to approving any building permits. Corrie: Thank you. Council have any further questions? Bird: I have none. Corrie: I'm sorry, Mr. Carberry you do have an opportunity to have the last word here in this one. I'm sorry, my mistake. JIM CARBERRY, MERIDIAN SCHOOL DISTRICT, 911 MERIDIAN STREET, MERIDIAN Carberry: Mayor and members of the Council, my name is Jim Carberry. I represent the Meridian School District. Our offices are at 911 Meridian Street, Meridian, Idaho. appreciate the concerns of these patrons in regards to our egress and ingress to this property. We are concerned about that also. First of alii would like to say that we would like to have had a site further west, but to our knowledge there are no sites available further west of this site. We are currently working on several accesses from the west, and it is not our intention to permanently access Eagle Road because we are concerned about children also. We are working with the owners of the property directly ( Meridian City Council Meeting December 15, 1998 Page 17 to our south for an access from a stub out of a subdivision to the west of us, which would work very well in this situation. As you know those take time and we are working on that diligently at this very minute. As far as the other sites that were mentioned, I can't comment on that. Those are decisions that have to be made by our board of trustees and the administrative teams that are involved with those sites. With that I would answer any questions you might have, but I would reaffirm that we are working on access to the property from the west side. Actually through Packard Estates Subdivision. Corrie: Questions from Council? Bird: I have none. Bentley: Yes, thank you. Mr. Carberry my question would be if you had a temporary access off of Eagle Road, how would you contain the children to make sure we didn't have like the little ones like to do wander out on Eagle? Carberry: Well first of all realize that would be right in and right out only. There are really no homes, and that's kind of a complicated question Councilman Bentley, but I'm not on the boundary committee thank goodness that will establish the boundaries for this particular school, but there really are no homes directly to the east across Eagle Road from this property. So I can foresee really no need for children coming from that direction. But we would monitor anyway if we did have a temporary access, we would monitor children walking out on to Eagle Road into that area. Bentley: That's my concern is the - Carberry: We don't want that either. Bentley: --on their own, and I'm just really concerned. When I saw the application that was my first concern was the Eagle Road. Carberry: And it is a concern of ours also. Bentley: Thank you. Corrie: Any other comments, questions? Carberry: Thank you. Corrie: Any other questions from staff? Meridian City Council Meeting December 15,1998 Page 18 Gigray: Mr. Mayor and members of the Council, as you are considering this and you have a recommendation to the City Council before you from the Planning and Zoning Commission, and I note that that recommendation proposes in part 1.10 and also it's referenced in .18 that the applicant either enter into a development agreement or submit detailed site plans to provide for the recommended conditions and I think that if you consider taking any action of approval, I would appreciate direction going either one way or the other, because it would make a difference in what we prepare. If you seek to approve. Corrie: Okay. Any further questions from staff? At this point, I'll close the public hearing on item number seven. Council you have four possible actions here. You can continue the public hearing, request more information. You can accept the recommendations from Planning and Zoning with the conditions that Mr. Gigray said, or you might modify the recommendations or of course you can deny the application for annexation. Discussion of Council? Bentley: Mr. Mayor I'm not opposed to approving the annexation and zoning, but I do have a real concern about having any type of access on Eagle Road, be it temporary or permanent. I think we need an alternative route in here. Anderson: Mr. Mayor I would agree with Councilman Bentley. I think even a temporary access is a bad idea on to Eagle Road, and I would not be in favor of annexing it until they can secure a alternative ingress and egress from an alternate spot, because there's no guarantee they could ever get one afterwards. Corrie: Any further comments? Rountree: Mr. Mayor I would like to state for the record the potential for a conflict on my part related to my employer and possible approvals or non approvals of the access. Corrie: Do you wish to not give any vote on this one? Rountree: Let the Council decide for me.- Corrie: Mr. Anderson, do you have any objection to him being - Anderson: I have none. Bird: I have none. Bentley: I have none. (, Meridian City Council Meeting December 15, 1998 Page 19 Corrie: Okay, hearing none Charlie, you're still on the horn. We're ready to give me a proposal here. I'll accept a motion. You have four things. You can modify it if you'd like or accept the recommendation as read from the Planning and Zoning Commission. Bird: Mr. Mayor I move that we continue this public hearing and get some more information. Give them time to find an alternative egress and ingress. I think that from what I've heard on this public hearing, that's probably what would be the best for both parties. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to continue the public hearing, request for more information from the school district on the temporary entrance and exits of the school. Any further discussion? Bentley: Mr. Mayor I think we need a date. Bird: January 19th. Corrie: 19th? Bird: That will give them a month. Rountree: Mr. Mayor not wanting to open up the public hearing again, but I'm wondering if there's a time schedule that would be a hardship on the school with or without an action this evening. Bird: Is January 19th a hardship on you guys? Would you like it sooner? We've got 70 days to play with. Gigray: This would a procedural question only. Rountree: Right. Carberry: Mr. Mayor and members of the Council my only response would be we will do what we can by January 19th in dealing with these property owners to our south. It's hard for me to answer that in any other way. Corrie: Thank you. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. I ( Meridian City Council Meeting December 15, 1998 Page 20 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING - NW OF EAGLE ROAD / 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING- NW OF EAGLE / 1-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY HUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF 1_ 84 AND WEST OF EAGLE ROAD: Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a representative from Hubble Engineering to come forward. SHAWN NICKEL, HUBBLE ENGINEERING Nickel: Mr. Mayor and members of the Council, thank you for the opportunity tonight to speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an engineer with Hubble Engineering. He'll be available for any questions we might have regarding engineering of this project. Tonight we have three applications before you. An annexation and zone change, preliminary plat and a conditional use permit. The annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View Subdivision. The zone change would be from R- T, which is rural transition, a county zoning designation to C-G, general retail service commercial. The zoning we request complies with the Meridian Comprehensive Plan which designates the area as mixed planned use development with the probable uses consisting of commercial, residential, office, medical and industrial uses. The annexation and zoning is compatible with existing land uses in the specific area referring to the existing Texaco convenient store, restaurant and the proposed hotel to the east of our project. The preliminary plat before you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57 acres in size and will have direct access on to Allen Street. Lot one will be developed for Hubble Engineering's corporate office. Lots two through five will be developed with uses allowed in the C-G zone as they are sold off. Sewer and water is available to this property and will be provided to each of the lots. ACHD has reviewed the subdivision, and we will adhere to their requirements including dedication of right-of-way improvements on Allen Street and Magic View and extra impact fees required for the improvement of Allen Street Eagle Road connection. This subdivision plat complies with the Comprehensive plan and the subdivision ordinance. Finally the conditional use Meridian City Council Meeting December 15, 1998 Page 21 permit you have before you tonight is for the development of lot one, the 2.57 acre lot. It's on the south portion of our property and as I stated it will be developed for Hubble Engineering's corporate offices with an office building of 24,900 square feet and an accessory equipment garage. The site has been designed using the requirements of the Meridian zoning ordinance for lighting, landscaping, parking and signage. The construction will consist of a tilt up concrete type building, single story, a flat roof. The Planning and Zoning Commission has recommended approval at their last meeting for tonight of all three of the items. We are in support of the Planning and Zoning Commission recommendations on all three with the exception of two issues, which I would like to briefly discuss with you tonight. First of all we would like consideration for our written request to omit the requirement for individual conditional use permits on each of the remaining lots within the subdivision. That would be for principal permitted uses only as specified in the zoning ordinance. I submitted a letter to the Planning Director and the Planning and Zoning Commission on October 15th. Unfortunately the pubic hearing was closed at that time. I was unable to get that into the record. Also on December 10th I submitted a letter to the Council and also to the planning staff, which should be a part of your packet and I also just handed you another copy of that tonight. The Meridian Comprehensive Plan requires conditional use permits in this specific area mainly because of the gateway corridor to the City of Meridian on 1-84 and Eagle Road. What we're requesting is for approval of not only our project on lot one but also of 14 specific principal permitted uses which I have included as part of the developer agreement. We have met with your planning staff on several occasions, and we both believe that we can handle this concern through the developer agreement. We have submitted the development agreement. You do you a copy of that in the packet I just gave you with the 14 specific - page 7 of the packet I just gave you. 14 specific uses that we would like to be exempt from the conditional use process. Once again let me reiterate that those are principal permitted uses that are allowed in the zone. Any conditional use requirement would go through the proper Planning and Zoning Commission approvals. We believe we can handle this through - once the lots are sold and a business is willing to locate there we are in agreement through our developer agreement to go through any type of design review, C C & RJs or any other administrative review on those uses. I believe your staff is in agreement with the principals of what we are suggesting. I can stop right now and we can discuss that or I can go on to my second issue. Whatever is better for you. The second issue I'd like to bring up tonight is in regards to the conditional use permit that you have in front of you. While your Planning and Zoning Commission did recommend approval, there was one I don't want to call it a condition, but it was added to the Findings of Fact at the last meeting when they were adopting their Findings of Fact. The public hearing was already closed. In essence what that requirement was prior to my company occupying that lot one, Planning and Zoning felt that it was appropriate to place the requirement that the access road, the new access road, coming from Eagle and connecting to Allen Street be constructed prior to our occupancy. We would like this condition to be removed at this time. We cannot receive financing from the bank if such a condition as Meridian City Council Meeting December 15, 1998 Page 22 this. We have met with ACHD on several occasions and are in the process of working out some of the problems associated with that road. Mr. Sale is present tonight, and he can kind of update you on what's going on there. We have also talked to the owner of lot two which immediately to the north of our property. That lot is kind of the missing link to relocate that road down on Allen Street. I believe a representative is here tonight for that lot owner, and he can address some of the concerns and comments that we've gone through. We have agreed with ACHD to provide what they are calling an extra impact fee for our share of that road. We have no problem with paying that money. We also have proposed to ACHD to our company to provide the engineering for that road to help speed up the process, but we just can't live with that condition of not occupying until that road is built. One thing I would like to say is that we're very confident that that road is going to be built within a short period of time. Otherwise we would not want to locate our business there and have to deal with the same problems that everyone else is concerned with that intersection and the development at that portion of the city. That's alii have. If you have any questions. Rountree: So what you're telling me then your proposal at this point would rely on Magic View for access. Nickel: That is correct Councilman. Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the developer. Any further testimony in favor of the items 8, 9 and 10? RICH ALLISON 916 E. 1ST STREET, MERIDIAN Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they continue to stay that way. I guess part of the reason I'm here to testify is the fact that we do have the opportunity to enter into I think a different phase of development of the City of Meridian. Whereas this type of project is before you as many many others will come before you along Eagle Road in the future. It will greatly enhance the ability of the City to maintain its budgets and hopefully keep our taxes and other things quite low. I am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The proposal before you is a mixture of office and commercial development of which is needed in the area. The area will in the future undoubtedly support a great deal of additional commercial development being at an intersection which either is or likely will become probably the highest traffic count in the state of Idaho. I just want to speak for the development and hope that we have lots of additional development of this type in the future that will help support schools and the city budget of Meridian. If you do have further questions with regard to the property to the north or to the east or to the northeast, I'd be happy to discuss that. /' Meridian City Council Meeting December 15, 1998 Page 23 Corrie: Any questions? Bird: I have none. Allison: Thank you. Corrie: Anyone else from the public that would like to issue testimony in favor of these three items? BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN. Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble Engineering is working on. We can see it as a plus. This kind of development we'd like to see in there, and yes, it would be nice to have the road. It would be wonderful and the sooner the better. But we wouldn't oppose the project on the basis of interim occupancy using Magic View. We feel it's doable to have this development come into our neighborhood 'and enhance the value of the whole surrounding pieces. Two concerns we have, we are currently just over the line as far as comprehensive plan goes single family dwelling, and Shari Stiles informs me that that will be part of the review process for change and that's what we would like to see is a change in the comprehensive plan, because our lot is five and a half acres also and adjoining property. The other point of concern I guess would be the fencing between the properties. We have no problem at all with the lot that Hubble is proposing for their business, because the place where their lot adjoins ours is basically pasture land. And so the chain link fence or whatever they're going to use for safety fence is fine. The only concern we have is when these other two, three, four and five lots develop, and we don't know what they are is we have a chance to negotiate what they will be because we don't want to permanently lock up our property visually at this point in time and in case we are able to change the comprehensive plan and rezone our property for commercial or business or whatever. So that will be my points. We support the project. Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue testimony in favor? HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN Hanks: I fully support the Hubble Engineering request to develop that are and the business. What they plan to put in there is well within reason of the plan that I see. The access to the road as Magic View I see as no problem at this period because the Hubble Engineering people are not that many employees that would be accessing on and off. It's not going to increase that flow on to Magic View Drive just minutely as I see it. As that area is developed more, there is a need for the road in there, but I can see Meridian City Council Meeting December 15, 1998 Page 24 no need for the access from the stoplight there before they occupy that property. Any questions for me? Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take that Mr. Sale. LARRY SALE, ACHD, Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name is Larry Sale. I'm with the Ada County Highway District, 318 E. 37th Street, Garden City, Idaho. We have a post office now. I'd like to offer a few comments about the road. There's been some discussion about the proposed road from Magic View up to an intersection with Eagle Road. Through a meeting of the developer of the first lot ,the one we've all been talking about for a couple of years, up across from St. Luke's driveway. We have a commitment from that developer to dedicate or sell the right-ot- way to the highway district and to build the half road plus 12 feet that either Mr. Bird or Mr. Bentley was questioning a while ago. And if you'd like after the meeting I can discuss that with you why we do that. We have a verbal commitment from the owner ot the second lot through which the road would extend down the intersection of Magic view and Allen Street to sell us the right-ot-way so that we're relatively assured that the road can now occur, and when needed. I was interested in your earlier struggles with procedure and things like that because we have a bit of that problem right now with regard to the fees for this area, and we're proceeding cautiously with just how to identify those fees and how to elect them. Whether they might be called extraordinary impact fees or to use the city's term, a latecomers fee. We're pursuing both those and it is really just a name. The dollars all remain the same, but as you and I'm sure your Council can appreciate we want to proceed in a manner that's first of all equitable to every acre in that subdivision because they probably won't all be developed similarly and secondly obviously to proceed in a manner that's legal and all that sort of thing. Anyway that may not have told you a whole lot, but we think the road is going to happen and we think that will help this whole area a bit. We expect the development to occur in a slowly enough so that traffic will build up gradually and we can afford to take a few to several months that it will take to get the road in place. Does Council have any questions? Bird: Magic View can handle this additional traffic okay without the other road being in? Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this traffic. The problem is one ot congestion, convenience and safety at the intersection itself. Persons trying to turn north will have increasing difficulties and risks in doing so, but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and l 'I ( Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But traffic turning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and I would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not at that level of comfort that I was with Troutner Business Park. Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public hearings. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the application. Bird: I move that we accept the recommendation of the Planning and Zoning Commission with one exception, and that is the rule of the road being put in and request Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. Meridian City Council Meeting December 15, 1998 Page 27 Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to give me some direction at this point you can, or if you wish us to proceed with the information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for - let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to approve, conditionally approve, deny or continue for 45 day maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zoning director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back and we make changes to the draft form of the development agreement, could we pick up other conditions that we may not attach to the preliminary plat. ( Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor, Councilman Bentley, members of the Council, if you approve the preliminary plat at this time subject to conditions or without conditions and the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have a right then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: ... the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the preliminary plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct. Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning you made the motion that you would approve the annexation and zoning taking out the requirement for the road to be constructed and with the development agreement but Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO.1 0: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY HUBBLE ENGINEERING -621 ALLEN STREET, NORTH OF 1-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You Meridian City Council Meeting December 15, 1998 Page 30 can continue or table the proceedings, deny the application or grant the application subject to reasonable conditions. Rountree: It seems that on this particular application we're caught in between process changes. Given that, I would move that we accept the Findings of Fact and Conclusions of Law as prepared before us and presented to us by Planning and Zoning. Bentley: Second. Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley that we approve the conditional use permit on the Findings of Fact and Conclusions of Law with Planning and Zoning. Discussion Mr. Gigray? Gigray: Mr. Mayor and member of the council, I would recommend that you could go ahead and approve the findings of fact and conclusions of law. I would recommend you withhold the granting of the order of conditional use permit until we have effected an annexation and zoning because I would not recommend that you grant a conditional use permit until it is zoned and annexed within the city and we just hold that part of the action until the other is completed. Corrie: Mr. Rountree is that what you would like to do? Rountree: So noted, we will not move forward with the decision at this point in time, but accept the Findings of Facts as they are. Gigray: I'll prepare at your direction necessary order which it would be submitted in a future council meeting once the other action has taken place. Corrie: Any further discussion? Hearing none, I'll roll call vote. ROLL CALL: Bird - yea, Bentley - yea, Rountree - yea, Anderson - yea. MOTION CARRIED: All yea. Bentley: I move that we take a ten minute break. Rountree: Second. Corrie: Motion made and seconded to take a break. (BREAK) Corrie: I will call the meeting back to order. Meridian City Council Meeting December 15, 1998 Page 31 ITEM NO. 11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE - 800 W. OVERLAND ROAD: Corrie: This time I'll open the public hearing and we will first receive the staff report from Gary and Shari. New procedure we are going to find out what it's all about before we start the open public hearing, while it's open first. Request for annexation and zoning, do you have anything Shari?' Stiles: Mr. Mayor and council, this is for the existing Intermountain Animal Hospital on Overland Road. It's bounded on the east side by Mountain View Equipment, on the West side it is contiguous with the city limits. There is some industrial property that is really vacant out there right now. Mr. Beede would like to do some expansion out there and was faced with either having to go through a conditional use permit or rezone with the county or go ahead and get annexed with the city and get hooked up to water and sewer is not available out there at this time, but he does have an existing septic system that is functioning and I'm sure he would agree at the time sewer service is available to hook up to the sewer. There is an issue of the Kennedy Lateral that is on Overland Road there. It is in the right-ot-way at this time. Ada County Highway District's comment was until that such time is Overland Road was widened, it would probably be best to leave it open. They are using it right now as somewhat of an amenity. It you've been out there they have (Inaudible) long edge and put some flowers in there, it does eventually need to be tiled, it's probably a safety issue for cars along that stretch, that's the reason for his request, and he has anymore comments? Smith: Mr. Mayor and council, I don't have any additional comments beyond what Shari has given you. Corrie: Okay we will first hear from the applicant or those in favor of the application first. ROBERT BEEDE. Beede: I'm Bob Beede I'm the owner and practicing veterinarian at Intermountain Animal Hospital, 800 W. Overland Road in Meridian. We've been there for 15 years, we've been in the county. At some time in the future, I may decide to remodel or expand our current existing uses and so looking at that, we decided we need to get our ducks in a row and able to get set up to do that once the economy is there and looks like we can afford all the development costs it that occurs, which they keep getting bigger and bigger, 59 I don't know how that is going to turn out. Anyway, we agreed with the facts and findings. We felt that a site plan in lieu of a development agreement would probably work if that works with planning administrator. Everything there we pretty well agreed with Nampa Meridian Irrigation District did feel it would be better to wait and not tile that ditch until it was tiled along the whole section. Mountain View to Meridian City Council Meeting December 15, 1998 Page 32 the west-east of me is in the county still, they did a lot of remodeling last year and did not have to do the tiling as well. Ada County Highway District did talk to me about changing our entrance which would put it on to the west side, but that puts us into the back door. The clinic the way it's located on the property and having to come clear back around and because I'm going to loose all that frontage with the 55 foot easement and the 40 of the ditch company and the 48 for the easement of the highway department. I'm going to have to put my entrance facing east toward Mountain View Equipment. So, I'm working with Ada County Highway in a compromise in maybe doing a joint entry with Mountain View Equipment so we cut down one highway access, we can still have our entrance on the east, so we are working through that process with them at this time. They felt it shouldn't be a real big deal to accomplish that. Other than that, that's where we sit and do you have any questions for me? Bird: I have none. Rountree: I have none. Anderson: Just a comment, my dog keeps having those $200 dollar a month vet bills, you will be able to afford (Inaudible). Beede: We need a few more of those after these development costs, I'll tell you. Corrie: Okay, thank you very much. Anyone else testimony in favor of the application? Okay anybody have evidence received from the opposition? I guess there won't be any rebuttal of testimony from the doctor. Any further comments, questions, staff? Bentley: Gary, where is the sewer at out there now? Smith: There is sewer that has been constructed in Overland Road, ends at the west side of the interstate center where Boondocks is. That sewer is not deep enough to service this property. Any service to this property would have to go to the west and into what would be an extension of the Ten Mile Trunk which is I think it goes into the Perdom Gulch Drain. So it's a long ways off for sewer service. Bentley: Okay, thank you. Corrie: Any other testimony the council wishes at this time? Hearing none, I'll entertain a motion to close the public hearing. Anderson: I make a motion we close the public hearing. Bird: Second. Meridian City Council Meeting December 15, 1998 Page 33 Corrie: Motion made by MR. Anderson and seconded by MR. Bird to close the public hearing. All those in favor of the motion say aye. Opposed? No. MOTION CARRIED: All ayes. Corrie: Council, you have the Planning and Zoning Findings of Fact and Conclusions of Law for the annexation. Looks like you need to accept those recommendations, modify those recommendations, or continue the public hearing or deny the annexation. Anderson: Make a motion that we accept the recommendations of P & Z and request that Findings of Fact and Conclusions of Law and the appropriate ordinance be prepared by the city attorney and submitted to the council for the next regularly scheduled meeting. Bird: Second that. Corrie: Motion made by MR. Anderson, seconded by Mr. Bird (Inaudible) any discussion? Bird: One clarification, in lieu with something like this, we don't need a development agreement do we? Corrie: I wouldn't think so, no. Bird: So motion is to not have the in lieu of the development agreement we will have a detailed site plans and could be reviewed by the Planning and Zoning Commission as they expand and stuff, instead of having a development agreement, is that right? Anderson: Conditional use. Bird: No. This is such a, we shouldn't require him to drop the development agreement for his own property that is already developed on out there. Corrie: I wouldn't think so. Mr. Gigray, do we need to change the motion at all? Gigray: No, I think it's just a clarification of the motion. You may want to ask Councilman Anderson whether he would accept that as a... Bird: Do you accept that Ron? Anderson: Sure. ROLL CALL: Rountree - yea, Bird - yea, Bentley - yea, Anderson - yea. Meridian City Council Meeting December 15, 1998 Page 34 MOTION CARRIED: All ayes. 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.30 ACRES BY QUEENLAND ACRES, INC. - ~ MILE WEST OF OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING WEST SIDE OF RO-HO ENT.: Corrie: At this time I'll open the public hearing and have staff comments, report. Stiles: Mr. Mayor and Council, this is for almost 7 % acres directly across the street from where the Roaring Springs Water Park would be developed. Although there are obviously changes in the area that would probably support a comprehensive plan change for that area, it is currently designation as single family residential at this time. Therefore since the request is not in accordance with the comprehensive plan, it could not be approved. I would like legal counsel to clarify whether the council should deny it or defer action on it until the comprehensive plan is done. The Comprehensive Plan update, if it's a possibility to defer it for that length of time or if it is what the council should just deny. Gigray: Mr. Mayor and members of the Council and Madame Administrator, essential question on any annexation and zoning designation particularly you have to make a finding that the application is in conformance with the camp plan. That's a question of fact that you address in your findings, and the recommendation you have before you from Planning and Zoning says that it is not. Obviously you'll hear testimony on this issue. If ultimately it's not in conformance with the comp plan then what the applicant has to do unless they would challenge your action would be then come back and make an application to amend the comp plan to accommodate what they propose to do. I don't think we can hold this long enough. I think thereJs a 70 day limit in our ordinance for tabling that would allow you process a comp plan change in the same time period. Corrie: Council have any questions on the Counselor's explanation? Rountree: No. Bird: I have none. Bentley: No. Corrie: Thank you Counselor. Mr. Smith any comments? Smith: I have no comments, Mr. Mayor. ( ( Meridian City Council Meeting December 15, 1998 Page 35 Corrie: At this time /'11 open the public hearing and the applicant step forward please. . THERON SCOTT 670 W. VICTORY ROAD, MERIDIAN Scott: We realize that it's zoned R-1 and when I went before the Planning and Zoning I brought up the subject of maybe going in and getting it changed through the Comprehensive Plan and they didn't want me to. They didn't want a small parcel coming in while they're in the process of their new plan. So they said they would just turn me down and send me over here. And what we have got in mind is we own all the property from Ro-Ho Enterprise through to Stoddard. We own all the houses in there. And we want an 1/8 of a mile buffer zone commercial between there and where we plan to do a housing development south through to Victory Road, but we would like this 1/8 mile to be a commercial zone. When Ada County widens the road, they're going to take 23 to 24 foot of the road on our side. We'll put out houses within 25 to 30 feet of the road, which is too close for safety and what we would like to do is have this 1/8 of a mile buffer zone between Overland Road, which is going to be a commercial road and then have housing which would be okay the line would be where Elk Run starts. Then we want to go clear across to Stoddard Road with an 1/8 of a mile for commercial on Overland Road and alleviate these houses. We own all - well we don't own all of them. We lose one. The one on the corner we don't own, but I'm quite sure that he would go along too. But that's our plan, and that's why we came before you because the people that are putting in Roaring Springs, they are interested in buying this 7 ~ acres to put in a RV park to support Roaring Springs and of course it would support Boondocks too, and that's why we're here before you because that's the process. Corrie: Any questions? Bentley: I have none. Bird: I have none. Corrie: Okay, thank you. Anyone else from the public who would like to issue testimony in favor? BOB MITCHELL 4642 N. ZIMMERY PLACE, BOISE Mitchell: I'd like to speak in favor of the annexation and zoning of this piece of property. I would let you know that I'm a partner in the Roaring Springs Water Park across the street and we approached the owners of this property to purchase it from them. We feel it would be an ideal location for an RV Park, not only because of its close proximity to the family water park, but its close proximity to the freeway. It has close proximity to other services, fuel, restaurants. It's very easy to look at the multiplier effect. Any time you can get a family to stop and spend the night in a community they say that they'll Meridian City Council Meeting December 15, 1998 Page 36 spend over $140.00 by the time they leave the next day in that community. So we think it's a great addition to the hotels and motels that are out there right now by having an RV Park. The closest one is I guess would be considered the Playground RV Park. Although this one so close to the freeway and other services, I think it would be a great use for the people to use it and a great benefit to the entire City of Meridian and those people who like and have built their business around servicing the traveler. The property adjacent to it, the Ro-Ho Enterprises, is also approximately 7 acres, and it's currently in the city zoned C-G and we feel like having this property with the same exact depth and approximately same frontage would be a good compliment to at least from a zoning standpoint to the interstate business park across the street and the Ro-Ho Enterprises adjacent to the east. I would be happy to answer any questions any of you might have about our interest in that piece of property and also how it might tie into other services that are out in that area. Corrie: Questions of Bob? Rountree: I guess I just have a comment that whatever the action the council takes on that parcel now or in the future would not necessarily imply or put forth that we're approving an RV Park. Mitchell: Which is understandable. Corrie: Anyone else testimony in favor of the application? BILL MIATT 795 W. OVERLAND ROAD, MERIDIAN Miatt: Now I am the existing homeowner on the corner of Overland and Stoddard that Mr. Scott had just mentioned and I'm also in favor of this process going forward and this rezoning procedure, and I can only feel it would enhance the whole area, and I have no further comment. Corrie: Anyone else testimony in favor of the project? BOB BEEDE 800 W. OVERLAND ROAD, MERIDIAN Beede: I'm just across the street from the property and I would certainly like to see some improvements in that area compared with what exists with Ro-Ho. That's I don't think a good visual entry site to Meridian, and I think that anything that the Council can do to help improve that area would certainly be good. I think it behooves us all, and if I'm going to spend a lot of money on my side of it, then I would like to see the thing continued as well on the other side. Corrie: Anyone else in favor? Meridian City Council Meeting December 15, 1998 Page 37 STEVEN TREE, OBSI PROPERTIES, 1070 N. CURTIS, BOISE Tree: We own the property next door to Dr. Beede and across the street from this proposed area, and we are certainly in favor of the annexation as well. Corrie: Anyone else in favor? Okay testimony in opposition to the annexation and zoning? Hearing none, Council any further testimony you want to hear? Questions? Rountree: I have a question of Shari. I can't see the map up there. What are we designated as in the camp plan map? Stiles: This is designated single family residential. Rountree: And Overland is the line? Stiles: Yes. Rountree: South is residential, north is C-G? Stiles: Yes. Rountree: Thank you. Bentley: If Ro-Ho is right next to it; is that correct? And they are on the south side of Overland also. (Inaudible - off the microphone) Bentley: So we have commercial, residential and then transitional? Scott: It's farm ground now. Bentley: I'm asking Shari, please. Is that correct? Stiles: Yes, the Ro-Ho property is designated as existing urban. It was already annexed many years ago. Bentley: As it was then it was annexed in the current configuration. Thank you. Corrie: Any other questions from staff or testimony? Hearing none, I'll entertain a motion to close the hearing. ( Meridian City Council Meeting December 15, 1998 Page 38 Bird: Mr. Mayor I move we close the public hearing on this annexation by Queenland Acres. Anderson: Motion made and second that we close the public hearing. Any further discussion? Hearing none, all in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Council, discussion? Bentley: Mr. Mayor question for Counselor. What is our direction on this as far as either authorizing the camp plan change or having to have to apply for it or waiting out the time frame for the camp plan to be changed in its entirety? Gigray: Mr. Mayor and Councilman Bentley, members of the Council, in my opinion an individual can file an application for a comprehensive plan change whenever they wish to. That would then be received by the Planning and Zoning Commission. One of the concerns that I'm sure the administrative staff has and the Planning and Zoning Commission may have is there's a limit by state law that the Planning and Zoning Commission can only recommend a comprehensive planning change once every six months. Maybe one of the cautionary that was given in this instance was some concern with the fact that the city is updating its comp plan and that a process of a comp plan change might somehow pose a problem to that recommendation coming timely to the Council. I don't know, but that is a state statute that operates in that (inaudible) Bentley: Okay, thank you. Corrie: Any further discussion? Council, you can do one of four things. You can continue the hearing, accept the recommendation from the Planning and Zoning, modify those conditions, or deny the application which is the recommendation of the Planning and Zoning. Bentley: Mr. Mayor I'm going to move that we accept the recommendation of the Planning and Zoning Commission and deny the annexation and zoning request by the applicant. Anderson: I would second that. Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to accept the recommendation of the Planning and Zoning and deny the application request for annexation and rezoning. ( Meridian City Council Meeting December 15, 1998 Page 39 Bentley: Mr. Mayor, although I do agree that this area will probably wind up being commercial and the changes made would definitely benefit the area. It's kind of rough to make these changes now and then jeopardize as the Counselor the legal time limits that we're under for making changes. We are planning on doing the entire plan and updating it and you know it just cuts into the time frame of that, so that's the only problem I see with what's being requested. Corrie: Any further discussion? Rountree: Mr. Mayor question one do we need findings? Gigray: Mr. Mayor, Councilman Rountree, based on this motion I would come back with Findings and Conclusions with conformance with that motion. That gives me the directive I need and that would be at your next Council meeting. Rountree: And my comment on this particular request would be that it seems in the camp plan amendment we could accommodate the requests of the Starks (sic) in terms of identifying this area as commercial. The next question would be the annexation aspect of it. And I don't know what the status of some of the clean up small parcel annexation activities that we may end up with as a result of the camp plan amendment process, but I suspect there will be some isolated parcels that we want to annex. In that process as well possibly we could accommodate their request there and I guess they got good direction, but they've spent their money for hearing in the process and haven't gotten anything out of it. Not necessarily because we object, because of the rules that we've got to comply with, and I would like us to consider that in the future on our actions with the camp plan. Corrie: I think all your requests would be what you're asking for. (I naudible) Corrie: I think ultimately what your request is going to be will probably be given to you in the camp plan change, so that you'll have that buffer, but right now we can't do it because of the camp plan. (I naud ible) Corrie: Possibly. Somewhere in there, but I imagine there won't be anything done to that land anyway until that time. Gigray: Point of clarification Mr. Mayor, members of the Council, I would just seek to clarify that any applicant if they wish to make an application can make that application r f Meridian City Council Meeting December 15, 1998 Page 40 and submit it. He doesn't have to wait 18 months. And it might facilitate his interest to do so, so that's incorporated in the planning of the city. So that's started. Rountree: Correct. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: 3 ayes. 1 nay. 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET: Corrie: I'll open the public hearing and staff report on this request for annexation. Stiles: Mr. Mayor and Council, if you'll remember a request was made for hook up to water service in the Olson Bush Industrial Park for Wheel City. The applicant agreed to apply for annexation as a condition of the city granting that hookup. The building is constructed, it's occupied. They did change their plan so that it would meet with city ordinance requirements. The major issue that remains as far as city ordinance is the Evans Drain is contiguous to the northern boundary of this property or is contained within the northern boundary of this property. It is very deep and seems to have a lot of ground water coming through it. If you'll recall this is the same drain that runs adjacent to the RC Willey site. I believe that was probably the main issue that remains on the annexation of the property and what we're going to do with that and maybe it's something that requires more study with the irrigation district and probably the Bureau of Reclamation and water resources, but it's a big one and it seems to contain a lot of water. I think Nampa Meridian Irrigation District said it could be contained in a 36 inch pipe, but at least the times that I've been out there it seems like a whole of water to be running through it and I'm not sure Nampa Meridian even knows how much water is coming through that at any time. Rountree: Shari that particular issue really has no bearing on the annexation. It would be subject to a variance depending on - Stiles: It's an ordinance. It's an ordinance requirement. I don't know what would trigger actual piping of that unless they want to get some kind of a permit and if they wanted to get some kind of a permit in order to meet zoning compliance the ditch would have to be piped unless the Council would waive that requirement. Rountree: Was there not an agreement to do the development to comply with the city ordinances? ( Meridian City Council Meeting December 15, 1998 Page 41 Stiles: Yes, with that exception. Rountree: That was excepted? Stiles: That was their objection. They did not want to do that at least until the contiguous properties also did it. It would just be one section there. Rountree: Now I remember. Corrie: Mr. Smith, any comment? Smith: Mr. Mayor and Council, I guess I don't have any other comments other than what Shari has presented to you. I think they are connected to water at this time, and they will be hooked to sewer when the sewer extension is completed. Corrie: Okay, thank you. Testimony from the applicant. RAY ROBNETT 1011 S. STAR ROAD, STAR, IDAHO Robnett: Just a couple of points of clarification. We don't have water yet. We have opted to probably not that it was our choice to get it right now anyway, but we are going to wait until Masco is bringing the sewer line down the street. I meet with them probably once a week, and they're probably 30 days out. They will do our sewer connection and our water connection at the same time providing we get approval for that water meter. You know I know it's late and I don't want to belabor this point. There was 15 conditions of approval on that annexation and I made an appointment with Shari and took her out there and we comply and I think I'm right in saying this with everything. Setbacks, all your parking lot, your landscaping, everything that's there, and we simply are annexing into the city in order to get this water meter because we are in Ada County, and this is a tough lesson to learn. We came to Meridian City first and asked for a building permit and they sent us down to Ada County. We went through their traffic development plan and through all of their procedure, obtained our building permit there. We're told that we could either pay double assessment fees or annex into the city and that's a truth. Nobody lied to us or deceived us or anything but with that we took that that was our decision to either pay double fees or annex into the city. I was not aware that we even had a problem until the building. We were well underway because Ada County gave us our building permits. I called Bruce Freckleton and said I'd like to come down and pay my double assessment fees and get my water meter. We need water, and that's when he informed me that we weren't going to get a water meter. We had been denied that and basically the choice of double fees or annexation is not my choice but your choice to choose. So anyway I can comply with everything in there. Tiling the ditch, I've got three letters here from the Nampa Meridian Irrigation. I've gone out and talked to them. They said if you want to cover the ditch you can fence it, you can park on it, we're not ( Meridian City Council Meeting December 15, 1998 Page 42 requiring that you cover it. In fact the last letter we got from them said they had no comment on it. They had commented on it three times and they had nothing more to say. I'm sure you can go out there and say are you sure you don't want the thing - wouldn't you really like to have it covered and we could probably get them to say yeah, we probably ought to have it covered. But the three non solicited letters that we gave, they don't want it covered. I have one engineer that had looked at it and said it takes a 48 inch pipe to carry the water. I took Shari out there. Her and I both stood on the bank and look down and there's a lot of water running through there and it's not even irrigation season. So I'm really - I will comply with the others. I would like to - as far as not having to comply with that - it's item number 13 on there tiling the ditch. Is that not what the meeting is about? Rountree: The meeting is on the annexation. Robnett: That's right and in order to annex one of the ordinances is tiling. Okay. Corrie: Well actually what you did with RC Willey is had a bond for that. Whatever had to be done later. There's a lot of controversy on whether it's 48 or 50 or 26 or what it is. But the RC Willey project, they bonded for that for a later period. Robnett: See had I known that I could have gone to my client and I could have said it's about $14,000. I could have gone to him and I could have said you know we've got this ditch here you can bond for it or you can put up the money. Someday you're going to have to do it. He was at his last location for 15 years, so I can assume he'll be here for a while. But when we went to Ada County, we went through all of the process. I even came in after I was under construction and knew of the problem and went in and spoke with Brad in the Planning and Zoning, and I said Brad if a fellow has a lot in Ada County and he wants to get Meridian City water, I said how does he do that? And he says you either pay double assessment fees or annex into the city. And I said really? And he says yes, double fees or annex into the city. (End of Tape) Robnett: ... that is true, but that is not my choice to make, but based on that decision I went through at Ada County. The building is done. The people are not in it. I mean we can't get in until we have sewer and water, and it's done. We can't get our final inspection or certificate of occupancy because we can't prove that we have permanent sewer hookups. So anyway it's kind of a - I mean I will wind up if that ditch has to be tiled or the bond has to be posted, it will be me that's doing it. The owner is showing no interest in paying for it doing it. Bentley: I will tell you what my feelings were on this ditch and what I told at the RC Willey. I'm really concerned about the tiling of all the ditches because it's one means we have to recharge the water aquifer. And with all the farmland going out with irrigation we could wind up with a problem with the water aquifer. My feeling is I'd like to f I Meridian City Council Meeting December 15, 1998 Page 43 see it stay open. It's a year round ditch. It has amenities to the ducks and the geese and so on and so forth and it's also attached to the railroad right-of-way which we're trying to preserve and we're working towards preserving. The issue we did with RC Willey, we had them bond for it and if it comes down to we get an actual feel that it needs to be done and tiled, then we could move forward with that. It may come to the case where it doesn't get tiled, but right now we can't say yes or not that it is or isn't going to be tiled. As the Mayor said, there's a lot of controversy as to how much water is in there and where it's coming from. And as you've stated the irrigation season over and we still got a lot of water coming down there. So that's kind of where we were with RC Willey and we just told them to go ahead and bond for it and if the decision is made down the way that it needs to be tiled, then we address it then. Robnett: That's very clear. Do you understand my point that I really don't feel like I should be here at all annexing in because I was told I could pay double assessment fees or annex into the city. I chose to pay those double fees. I built my building to Ada County standards under all their ordinances, which do comply, but I have a trump card here and that's the water meter and the trump card is that I have to annex into the city and when I do that then I fall under these ordinances that are requiring me to either bond or tile the ditch. And if I'm understanding you correctly you're saying that we possibly could bond for that. But I think it certainly the day will come when it will have to put in. Bentley: Myself, I'm not that sure. Rountree: In terms of clarification the request came to the Council for double fees or annexation. We denied the double fees, which it's not as you pointed out earlier in your testimony it really isn't your call. The city has to approve doing that. And we denied that. We denied it because of the time and the situation out there that was going on with no movement towards sewer extension, no movement towards some other types of activities that were happening or not happening in the area. Since that time there's been some changes. It's one thing that's being brought out. Mr. Robnett is not asking, but would we reverse our previous decision on double fees. And then not pursue annexation on his part. Bentley: So what happens when we do the comp plan review and we go out and we start annexing, force annexing all the enclaves? Where is he at then? Rountree: I do not believe if we do that I'm not sure we could enforce all the existing ordinance or the subdivision ordinances. Bentley: But I mean that would be my question. Either legal would have to respond or if that's the correct - Meridian City Council Meeting December 15, 1998 Page 44 Rountree: I guess the other point and I brought this up the last time we brought up this particular body of water is it's my opinion that this is a regulated body of water. It's not an irrigation ditch. Whoever does what out there is going to have to have the approval of the Federal Government to cover it, tile it, do whatever it is they want to do with it. I haven't had that answer brought before the Council but I believe that's probably going to be what's happening. Bill, you had a comment. Gigray: Mr. Mayor and Councilman Rountree I suggest you might ask and I don't know if Gary Smith, the Public Works Director, is in a position to answer the question if these people already have their building permit and have constructed their building whether or not city ordinance 11-9-605M would even apply if they've already received permission of Ada County and have completed their development. I don't know that this is operational. I'm not that familiar with that code section. It might clarify this question. Smith: Mr. Mayor and Counselor, you'll have to tell me what the section is. I don't recognize the number. Gigray: 11-9-605M is the one that I'm looking from the recommendation of Planning and Zoning. Smith: What's the title of that? Bird: It's the property the tile for the ditch to be tiled. Smith: It's tiling of ditches. Bird: Yeah. Smith: Well it's a city ordinance. If the property is not in the city, then it's not enforceable is it? Bird: But if the building is built what we're asking if the building is already built Gary and we annex them in, then do they have to go under that ordinance as far as tiling it and there has been no variances asked on this annexation regarding the tiling of the ditch. That's what we're questioning. Smith: I understand. Right. I can't answer that. I don't know. Gigray: (Inaudible) it's my recollection that usually those tiling requirements are tripped by some kind of development that's going on. If the development has already occurred it may not trip it. Bentley: So in essence you're saying that he's grandfathered? Meridian City Council Meeting December 15, 1998 Page 45 Gigray: Well that would be the case. It may just be we ought to look at the ordinance just to see what it says. Rountree: Not to go off in another direction, but it's always been my impression that on an annexation we could require it. We can require just about anything on an annexation request. Gigray: True. Bird: But we could also waive requirements too. Anderson: But if that's the case and the county's building ordinances are less stringent than ours, everybody would build their building first and then come ask for the annexation. Robnett: But that was clearly not the intent here. We came to you first. Smith: Mr. Mayor the title of chapter 9-605 I guess that's how you reference that is designed standards, and I guess that you could look at that as standards that are required during the design of a project and maybe that's what Bill is looking at is if it's a project that has already been built then the application of these design standards to an existing facility may not be required. That's the question he's asking. But there's nothing specific that I can read under piping of ditches that talks about a completed project that's annexed being required to comply with the design standards of this section. Corrie: Shari you had something you wanted to say and then Mr. Bird. Stiles: Mr. Mayor and Council my only comment would be if they come in for - say they want to build a wall inside the building, they have to come to the Planning and Zoning Department first to get a certificate of zoning compliance even for a tenant improvement like that or minor approvals. It needs to be decided whether they're going to tile or not tile because if they decide to do that in the near future, or even down the line, it's going to come up again unless the ordinance is changed. Bird: Then they could request a variance or we could approve this with the variance of the tiling. Am I not right? Actually this is designed and went through the design review before it was ever annexed. So it's kind of grandfathered. Corrie: I think you are going to get into some trouble here if you decide it has to be tiled then you've got a variance already given that you don't tile a piece of it and the others ( ( Meridian City Council Meeting December 15, 1998 Page 46 do. I would see some conflict of interest there. You've got tiling and no tiling and tiling that's required by the others. Bonding and everything else. Robnett: But the building is finished. I mean - Corrie: I understand that. We're talking about the ditch now. Robnett: Right. Corrie: Whether it should be bond or the variance out. Any comments? Bird: Is there any other property along that ditch that's in the city besides RC Willey? Who? Stiles: There are lots within the subdivision that are already annexed. Bird: Have they tiled the ditch? Stiles: No. Even though it says in the Findings in the annexation ordinance is that they would meet all ordinances of the City of Meridian. Bird: That's what I'm saying. I mean we're not setting the precedence here. It's been done. That ditch, I agree with Councilman Bentley, that ditch is not an irrigation ditch. That is a drain ditch. Now where the water comes from, I don't think anybody knows completely. You got federal regulations before you start tiling that thing also like Charlie says. Council can do what they want regarding this, but as I know RC Willey is the first person that has been ever been asked to put up a bond for future covering of the ditch along that way that we have annexed. Am I not right? Stiles: They are also the only development that has occurred within the City of Meridian. Bird: Along that ditch. Stiles: Yeah. Bird: (Inaudible) before the development started. Stiles: Yes. Bird: The rest of them have been developed and then annexed. Stiles: Yes. ! - ( ( Meridian City Council Meeting December 15, 1998 Page 47 Bird: That's right. Corrie: They're still required by ordinance to do that. Bird: None has been covered. Corrie: No. Bird: Okay. The only one that has been asked to put a bond up has been RC Willey, and they've been the only ones that have come into the city, annexed into the city first before they did their development, and that's just what that ordinance says. If it's in the planning stage, then you have the right to do it. The others are grandfather righted in. Corrie: Any other comments? Anything else you want to bring before the Council? Anyone else wish to testify in favor of the request? Anyone opposed to the request? Final testimony from the Council? Ready for the decision then? Bird: Mr. Mayor I move that we close the public hearing on the annexation and zoning of .96 acres Olson Bush Industrial Park by Ray Robnett. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing on the annexation and zoning of the .96 acres Olson Bush Industrial Park. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Discussion on the decision? The Council can either continue the public hearing, accept the recommendation from Planning and Zoning, modify it, or deny the annexation. Bird: Mr. Mayor I move that the Meridian City Council accepts the recommendation of the Planning and Zoning Commission and with the exception of item 1.6 on page 4 regarding the tiling of the ditch and that the attorney get this Findings of Fact and Conclusions of Law and be ready for 1/5/99 Council meeting. Corrie: Do I hear a second to that motion? Hearing none, motion died for lack of second. Is there any other motion? Meridian City Council Meeting December 15, 1998 Page 48 Rountree: Mr. Mayor I move that we have the city attorney Findings of Fact and Conclusions of Law and appropriate ordinances for the annexation of this property with the exception and including the recommendations of Planning and Zoning Commission with the exception of tiling the ditch and the condition of the tiling of the ditch or water body as stated would be required to be tiled unless it's determined by the applicant through coordination with the city that that body of water is considered a nature body of water under the jurisdiction of the U.S. Army Core of Engineers. If that be the case then tiling would not be required as an option to tiling the applicant could bond for the future tiling if in fact it is an irrigation ditch lateral canal or (Inaudible) ditch ordinance. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley, I hope it's on record because I don't want to (inaudible). Is there any further discussion on the motion? Hearing none, roll call vote. ROLL CALL VOTE: Rountree, aye. Anderson, yea. Bentley, yea. Bird, nay. MOTION CARRIED: 3 aye. 1 nay. Rountree: I guess just a point to the applicant is that if it in fact requires piping, but you can get engineering support that it would require something greater than 48 inch, we will waive that requirement. 14. REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOWEN, JR - SOUTH OF 1-84 & WEST OF HIGHWAY 69: Corrie: (Inaudible) You have the conditional use permit for the park in front of you. Any discussions at this point? Bentley: Mr. Mayor questions of staff. Stiles: We received a recommendation from the Planning and Zoning Commission to proceed with the request. They're trying to work with Gary on the water demand for the initial fill of the park. About the only conditions that the Ada County Highway District had were for some center turn lanes and they are revising their review comments to include a deceleration lane at least on Overland Road. They may have some slight modifications that are required as a result of our comments, but we are ready. Bentley: Thank you. Meridian City Council Meeting December 15, 1998 Page 49 Smith: Mr. Mayor, Council members, I have had some conversations with the Roaring Springs Engineer and I'd like to get some definitive answers on the fill rates required for the water. I just got some information tonight from Mr. Smith and I guess I'd like to know' for sure what's going to be required, over what periods of time in terms of gallons per minute, and hours per day, etceteras. We're not water rich or we don't have water aplenty as far as the fill rates go, and as I expressed to the applicants at our initial meeting that my responsibilities are domestic use. We'll work, obviously we'll work with the applicants to the extent that we can. But I need to have this information so that we can run through our company model and make sure we're not going to short the domestic demands from our water system. I don't think it's a problem but I want to be sure. Corrie: Do you have that information now? Okay if you would like to come up here and answer some questions Gary had. ROGER SMITH, PINNACLE ENGINEERS, 870 N. LINDER ROAD. R. Smith: To address Gary's comments, we did talk earlier this evening and I've talked with him a couple of times. I do have those numbers. I don't have them with me here tonight. I can provide them to him tomorrow. I will confirm with the pool manufacturer the quantities that required, the hours per day that are going to be required, the numbers that Gary needs. I have been given those. I need to confirm that they are not averages, what are peaks, what are going to be the worst day. Those kinds of things so that we can make sure that we provide him enough information that we can properly plan this. Corrie: Does that suffice for you Gary? Smith: Thank you. Corrie: Any other questions from Council? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion as far as the request for a conditional use permit for Roaring Springs. Bentley: Mr. Mayor I would move that we approve and adopt the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission with the addition that the water flow figures - excuse me what I was going to ask is already in there. So I would correct the motion to move that adopt the Findings of Fact and Conclusions of Law for ( Meridian City Council Meeting December 15, 1998 Page 50 the - get the name right here - Roaring Springs Water Park and order the city attorney to provide the order of decision. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to approve the Findings of Fact and Conclusions of Law as adopted by the Planning and Zoning Commission. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Bird, yea. Anderson, yea. Rountree, yea. Bentley, yea. MOTION CARRIED: All ayes. Bentley: When do we start? Bird: Memorial Day opening still? Crank the contractor on. 15. REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON DEVELOPMENT AGREEMENT: Corrie: Shari, comment? Stiles: Mr. Mayor and Council, the owner of the property where the Roaring Springs Water Park is located has a non development agreement in place for those lots where the project would be. In order for them to be eligible for a building permit, that non development agreement does need to be amended to remove those lots so the sanitary restrictions can be lifted. Gigray: Mayor and members of the Council, just a matter of clarification. I think if you choose to do this evening if you just simply make a resolution that the amendment be approved and that the city attorney draft the appropriate agreement, authorize the Mayor and the Clerk to sign it on behalf of the city, I think you've got sufficient information here that we could do that as an administrative act as a follow up to your motion so it doesn't have to come back. If that's your will. Corrie: So you all understand it, it's a resolution to the approval on the taking the non agreement factor off of those lots. Bird: I'll try to stumble through it if you're ready. Mr. Mayor I move that we make amendment to the Interstate Center non development agreement with W.H. Moore Company and the City of Meridian and have the city attorney draw up a new or non development agreement excluding lots 7, 9, 19, 28 on block one of Interstate Center. An addendum to the agreement. Authorize the Mayor to sign and the clerk to attest. (- Meridian City Council Meeting December 151 1998 Page 51 Bentley: Second. Corrie: Motion made and second to the request for amendment to the Interstate Center. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 16. REQUEST FOR A TIME EXTENSION FOR DAKOTA RIDGE SUBDIVISION BY STEINER DEVELOPMENT LLC: Corrie: Shari? Stiles: Mr. Mayor and Council, they have asked for a time extension on Dakota Ridge that they would have had to I believe have recorded by tomorrow. I would have no problem with the extension as long as Mr. Campbell removes his sales office without waiting for a personal invitation. Bentley: Was that a hint? (Inaudible) Bentley: Mr. Mayor, I have a question. How long is the extension? Corrie: One year. Bentley: Okay thank you. It wasn't stated. Corrie: Mr. Gigray, do you have something you would like to tell us? Rountree: Just need a motion to extend do we not? Gigray: Right, I think the type of motion you would make on this would be very similar to what you did on the last. Just give us the authority to prepare the necessary addendum. It's a development agreement I assume; is correct Shari? That we would be giving an extension to or non development agreement? Stiles: They didn't have a non development agreement on this. Their time is just expired. So they're requesting a one time extension. One time one year extension. Gigray: Under the ordinance for the extension. Right, we can prepare the necessary order to go along with your motion. We've done that before. ( Meridian City Council Meeting December 15, 1998 Page 52 Rountree: Mr. Mayor I make a motion that we have Counsel prepare the necessary order to indicate approval of time extension for Dakota Ridge Subdivision to December 16, 1999, one year extension and authorize the Mayor to execute that document. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to extend the time extension of Dakota Ridge Subdivision according to the motion. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 17. REQUEST FOR BUILDING PERMIT FOR GOLFVIEW NO.4: Corrie: Shari, do you know anything about this one? Bird: Gary does. Smith: Mr. Mayor and Council, typically we've been requesting more improvements be made to the subdivision before building permits be issued. This applicant has requested a building permit with the road base in and I thought I had a note from my staff concerning the water system out there, but I don't seem to see it. The water system has be active to where the fire hydrants are available for fire protection. Those were minimums that we had established some time ago, here it is - fit run has been installed. This is as of December the 10th. Fit run has been installed. No % inch gravel had been installed at that time. The sewer line was to be pressure tested on the 11 th of December. Water system has been tested and sampled, but has not been activated as of that date. As of today, I don't know what the status of that is. But the very minimums that we established several years ago was that number we had to have a gravel road base that would support a fire truck. We had to have a water system that was active and a fire hydrant available for fire protection. Those were two very minimum. We also established that they needed temporary street signs so that the fire department, police department, medical people would know where they were going once they got in the subdivision. Those were absolute minimums. Since that time because of problems that we did incur we've upgraded the improvements just kind of as an internal policy almost to the point where roads are paved. Those things are all done, but this applicant is requesting that a building permit be issued for this subdivision. A little contrary to what our existing standards are, and so we didn't feel comfortable with that based on what we've been requiring other developers and that's why we sent them to City Council. Rountree: The applicant is here if you want to ask him any questions. ( Meridian City Council Meeting December 15, 1998 Page 53 Bentley: I'm not very comfortable with issuing this permit without the basic safety needs there. This is going to be a parade home or a show home and we're going to have these problems with construction going on there and the need for the safety I think has got to be there. Corrie: I guess I'd like to have a little clarification. I think the Council would too. Martins: Thank you Council and Mayor. My name is Gerald Martins. I'm here representing the applicant, the developer of Golfview Subdivision this evening, and we concur with all the requirements with the exception of the % inch gravel. We do have the pit run gravel in. We would agree to have the water system activated, the temporary signage. We'd be glad to put in the % inch gravel except ACHD in freezing conditions requested that it not be put in. This project got behind schedule because of the waiting on the utility companies this fall. We waited about 30 days. Idaho Power is way behind this fall. We're asking for one lot. It's only to allow a parade home to start. We would agree to work with the staff to make sure we do have the all weather road in. The water system is activated, the signs are installed, all of the conditions. I believe the only thing on the list we received we're asking for is the % inch gravel. And we would even agree to put in temporary % gravel, but you have a foot of pit run gravel in there, and it will support a fire truck and we will work with the fire department to make sure that they were comfortable with what was there prior to the application for the building permit. We will - the contractor will move back on the site just as soon as conditions allow it in early spring and obviously we completed the roadway we totally complete it before we would request an occupancy permit for this home. Thank you. Corrie: Any further discussion? Rountree: We have in the past acted favorably on these with some pretty specific restrictions and I think Gary has indicated what those were and Mr. Martins can run down what the city has told him they need. My concern with the road is that it not only support the fire truck but it pass emergency vehicles so it would have to be graded to a certain specification. Beyond that if we were to further condition that we would not entertain any further building permits nor would we allow occupancy of this building until such time as all the improvements are done. I wouldn't have a problem with this request. Anderson: Mr. Mayor a few Danbury Subdivision a house under construction a painter applying lacquer thinner, static electricity set off a spark that caused one fatality. There was numerous ambulances, fire trucks, life flight brought. I think it is a life safety issue and I don't think just applying some pit run is going to suffice if a major incident did happen there, and I think if you make an exception in one case, there is going to be herd of them and I would not be in favor of granting an exception in this case. Meridian City Council Meeting December 15, 1998 Page 54 Rountree: I would have a question of Ron. Would the % temporary % on top of the pit run accommodate your concerns in that aspect or what was -- I remember the Danbury deal, but I don't remember the particulars. Were they just not (inaudible) access that side? Anderson: Well they had the roads in and they accessed, but I'm giving you that as a particular in case. It's not just a single fire truck pulls in there in case of a major emergency like that. So just creating a small access corridor to get a vehicle in there, there could be three or four fire trucks parked around there. There could be a couple of ambulances and things like that. The problem and why ACHD doesn't allow the road (inaudible) is because the moisture content and freezing. It's impossible to get the compaction that they desire and without the compaction there we got a problem with fire trucks not being in the access and graded pit run even if it's rolled, is still very rough and doesn't compact well enough to support the weight of a 30,000 pound fire truck. Corrie: Any other comments? Smith: Mr. Mayor I don't which lot it is that they're wanting to apply for a building permit. Lot 24? Okay that's the one at the other end of Red Grass Court. Is that correct? Lot 24, block 7 Gerald, is that right? Okay. I'll bring this plat up. Martins: (Inaudible - off the microphone) They're concerned about the lack of compaction on the base not the pit run. It's the sub-base beneath it that we would have to peal it back off and recompact it in the spring. And the comment to the one comment. The road is constructed to full width. It's not a narrow - (inaudible - off the microphone) Anderson: Kenny, comments? Bowers: Mayor Corrie and Council, Councilman Anderson, this is the first thing that I had heard about it tonight so I hadn't looked at it before, but we had this pit run problem at Park Creek when it was being built. Trucks got buried out there just from the pit run. So I would think we are probably going to have to have the % rock. That looks like it's quite a ways in so maybe what he had just suggested possibly that temporary might get us by. Anderson: Have you seen these maps on the temporary through lot 6? Would you like to review them and see if that would be something that would be satisfactory? It looks like a short distance that way. Bowers: Yes. Anderson: It's 25 or 24 where you'd be building? ( ( Meridian City Council Meeting December 15, 1998 Page 55 Bird: How big a house? How many square foot? (Inaudible) Corrie: Any further discussion? Anderson: Mr. Mayor in light of the new information that was presented and the advice from the fire chief I would be amenable to an access road across lot 6 for this particular situation. Rountree: Is that a motion? Anderson: I would make it in a motion. Rountree: Second. Corrie: Motion is made by Mr. Anderson second by Mr. Rountree to allow the building permit on Golfview NO.4 lot 24 with the recommendations as stated by the staff and the applicant. Any further discussion? Bird: Mr. Mayor is ACHD going to allow an access road through that lot? Corrie: Do they have a choice on that Gary? Bird: I don't know that I'm asking the question. Smith: I think Mr. Mayor and Councilman Bird and Council, I think it would just be a private access that the developer would have to construct and then he would have to take it out. I'm assuming of course is an undeveloped lot that exists still in that adjacent subd ivision. Corrie: Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: All ayes. 18. DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: Corrie: I think Shari - in reading Mr. Gigray's report here asking input of the Planning and Zoning Director, Public Works Director as to the merits and advisability of the request. Meridian City Council Meeting December 15, 1998 Page 56 Stiles: Mr. Mayor and Council, I don't have any particular concerns with this. I would think that we would set it at least at the December 2000 and not through to 2001. If they wanted to approach Council again in 2000, probably should decide it at that time. (Inaudible) Corrie: Mr. Smith, any comment? Smith: No, Mr. Mayor I don't have a comment, thank you. Corrie: Any other discussion on item number 18? Hearing none, I'll entertain a motion on the - I guess it's just a discussion. I guess you can - Bentley: We're going to need a motion. Bird: We need a motion on the amendment to the extension don't we? Bentley: Mr. Mayor I would move we approve the one year extension of Golfview non development agreement NO.5 as prepared for us by Counsel dated 12/15. And with the attached resolution and authorize the Mayor to sign and clerk to attest. Bird: Second it. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the amendment to Golfview No.5 non development agreement as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion. MOTION CARRIED: All ayes. 19. DEPARTMENT REPORTS: A. GARY SMITH: 1. TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. Smith: Thank you Mr. Mayor, council members, the first agenda item for this evening is a license agreement between the City of Meridian and Nampa Meridian Irrigation District for the sewer line crossing for the Van Auker Sewer Project of the Evans Drain, which is a drain that we have discussed on a previous project this evening. The license agreement was originally submitted to me and upon my review I found a inconsistency ( Meridian City Council Meeting December 15, 1998 Page 57 on the exhibits, I returned that to the attorney for Nampa Meridian and he corrected that and resubmitted it with the changes made. Bentley: You are excited? Smith: Yes sir. I would, I guess would recommend your approval of the license agreement based on past agreements we've had with them and the language that this one contains. I would request the council approval for Mayor Corrie to sign and city clerk to attest. Bird: I move that Meridian city enters into the license agreement with the Nampa Meridian Irrigation District on the Evans irrigation ditch with-on the Van Auker sewer and for the Mayor to sign and the clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Bird, seconded by Mr. Bentley to approve the license agreement with Nampa Meridian Irrigation District in the motion stated. Any further discussion? All those in favor of the motion say aye. Opposed? MOTION CARRIED: All ayes. DEPARTMENT REPORTS: GARY SMITH: DECLARE EMERGENCY - DRILLING OF WELL #18: Smith: I just passed this out this evening. I hope each one of you have a copy of my little dissertation on this request. A little history on this request. Toward the end of this summer I was made aware that-weill knew that we had some water pressure problems in the eastern part of town and the northeast area. That is our-what we term as our high pressure zone. That zone is separated except for static flow or static pressure from the rest of the system in the City of Meridian. It is supplied at this point by one well and that is well # 16 in the high pressure. Part of our project for this year will be an interstate crossing west of Eagle Road that will connect well #14 and well #17 . which is also in the high pressure zone, to well #16, but that is still a ways off. In the meantime, because of the activity that has taken place out there in that general area which is family life center, additional development to the Crossroads Subdivision and all the residential that exists north of Fairview and east of Locust Grove. I have concerns about fire protection. We can limp by with the lower water pressures for domestic use with the hope that well #16 doesn't develop some mechanical problems. That is also a big issue. If that well went down, we would be relying on static pressure from the city's system, which would give us some pressures if some were around 50 psi, which again is adequate for domestic use, but sprinkler systems don't operate very well for lawns, etc. I'm making this request in accord with state statute title 50-341 competitive bidding, ( ( Meridian City Council Meeting December 15, 1998 Page 58 paragraph L, which I believe allows City Council to declare emergency on the basis that it is necessary to do emergency work to safeguard life, health or property and that safeguard I feel is for our protection. Well #18 is the well that we are discussing. That would be located in Summerfield Subdivision which is located near the east, or north east of the intersection of Ustick Road and Locust Grove Road. The well site is owned by the city of Meridian. The site has been previously approved by DEQ as a well site and underground power and a pad mounted transformer exist on the site, those were put in previously. The property is adjacent to a small neighborhood park. Like I said earlier, it will be located in our boosted pressure area and it will be paired with existing well # 16 which is located west of Blue Cross building. I think the rest of my history on it I've already covered. As far as the schedule for the activities on this well, we would begin drilling the well immediately. Our hydro-geologist has been in touch with Riverside Incorporated out of Parma, Idaho. They are well drillers that have drilled wells #15, #17, #19 and on well #17 and #19 they were the only bidder that submitted a bid. They've done an excellent job for us, they've been very competitive and our hydro- geologist has obtained an estimate for drilling of the well from them. Like I said, we would start drilling the well immediately as soon as they could mobilize. We estimate that we would be done by mid-January. I've talked to our consulting engineer that has helped us on the design plan preparation pump houses on previous wells, he could start tomorrow morning. He has a spot engineer that is available to begin immediately. They would be able to have the plans completed for the construction. They would be completed and approved by mid-January when the well was completed. Construction of the pump house would start at the latest, February 1 st and we have a 90 day construction period on the other well houses that we've done, so by May 1st, we would have a well that wold be connected and ready to go. I'm estimating that we would save two to three months time in getting the well going from time required to advertised to bid to award. Because we would have two projects, the drilling of the well, bid an award, then we would have the bid award for the construction of the pump house. (Inaudible) Construction has built our pump houses #17 and #19 and the number that I-I haven't talked to them, but the number that I attached to the total cost of this project is based on the amount they bid for well #19 which they are just finishing right now. That well is at Englewood Creek on Ustick Road, west of Ten Mile Road. They also built the pump house at well #17. So that's pretty much the history of what I'd like to do with your concurrence and with our legal counsels concurrence that we can proceed in this manner. I guess I feel pretty comfortable about it because of the bids that we've received on past projects. I think on well #19 we received two bids for the pump house. I think they were $8,000 apart. Irminger was $138 thousand something and the other bid was $144,000 that we received. As far as the well drilling goes, like I said earlier, the last two wells, Riverside was the only one that bid. Bird: Gary what's your-this $268,000 in a motion we have to state some dollars not to exceed. Meridian City Council Meeting December 15, 1998 Page 59 Smith: I don't know. Bird: Not to exceed, we can't just give an open check account... Gigray: Well, that would be budgetary concerns. I don't -you may want to inquire as to what a reasonable latitude Gary would request on establishing that. Bird: If we don't have to that's not a problem, but I was wondering on the figures if that $268 would be okay not to exceed if we needed to do that, but the counselor is saying we don't have to so that's no problem. Gigray: I think the main point of what Gary's request is that you have to declare the emergency in accordance with the facts that are presented to you, which I think has done a very thorough job here. I think you ought to also make sure that the memos included are part of the official record of these proceedings as well as his testimony and I assume his testimony includes in his opinion emergency exists as a professional. Smith: I've been waking up way too early in the morning worry about this and I used to do that when I was a consulting engineer all the time, now I'm getting back into it again, I'd rather get out of it. The only number that I don't feel comfort-that I don't have a real good, I don't have my finger on the pulse is the pump and pump house. The other two numbers, the drilling of the well and the design, those numbers I've established. The construction of the pump house is a number that I based on the bid that we received on the last one. I don't think that's going to be very far off. Bird: I move that Meridian City Council after listen-ing to the testimony of our professional engineer declares an emergency on the drilling of well #18 and allows the engineer to go forward so that we can have water out there when the development starts. Bentley: Second. Corrie: Motion is made by Mr. Bird, and second by Mr. Bentley to approve the emergency condition declaration of well #18 construction and according to the motion as stated. Any further discussion? Rountree: Do we affix any financial limit on whatever remedy we... Bird: He said we didn't have to. Rountree: Don't have to. (- ( Meridian City Council Meeting December 15, 1998 Page 60 Gigray: The issue here has to be that the requirements of the bid statute and he has provided you with the evidence with regards to that. It's from that point forward I think it's a matter of budgetary issues and (Inaudible) if you want to set a limit you are certainly are well within your authority to do so and you could say if it exceeds X number of dollars, you would want him to come back for further approval. Bird: Actually, he would be coming back for the contract when it is done and so we would get that amount at that time, I just thought that. That's right. So we would get that amount at that time, before the mayor would sign it. Smith: I will need to bring contracts back to you. Gigray: Leave it be then. Corrie: Any further discussion? Hearing that, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Smith: Thank you Mr. Mayor and council, I appreciate it. Bentley: Gary since we are talking water, have they been having trouble over in Glen Field with water pressure that you know of. Smith: No, I haven't received any reports. Bentley: My neighbor came over and asked me about it. Smith: Water pressure? Bentley: He's having trouble with water pressure. Smith: Are you having trouble? Bentley: No, not that I know of. I told him if he was having problem again to come over and we would check my house and see. Can you have any ideas as to what he needs to look for? Has he possibly got a plug in the meter or... Smith: There's possible that there is a little check valve in some of the yolks and some times that check valve will stick closed and so I'd suggest that he gives the water department a call and they can come out and make sure, they can check that. Bentley: Okay, thank you. / ( Meridian City Council Meeting December 15, 1998 Page 61 DEPARTMENT REPORTS: GARY SMITH: REQUEST TO RETAIN ZGA ARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER: Smith: I believe that you have in your packet a letter that was written by ZGA to Mayor Corrie and members of the council concerning this proposal. Signed by Paul Marcolina, it's dated December 11 th. Does everybody have that? Bird: Yes we do. Smith: Paul is in attendance this evening to answer any questions that you might have concerning the contents of that proposal and I would try and answer questions if you have any at this time. Corrie: Mr. Gigray? Gigray: Mayor and members of the council, one question I would ask and one cautionary that I would have on this proposed agreement, I don't like the provision on the limit of liability. It looks like a boiler plate part of their forms, I'm not sure they intended to make this a condition of this agreement, but it sits here and it reads that the maximum extent permitted by law the client agrees to limit the architects liability for clients damage to a sum of $50,000 or the architects fees, which ever is greater. Then it goes on to say this limitation shall apply regardless of the cause of action or legal theory (Inaudible) asserted. That has a two fold concern in my mind. I've been involved in a number of liability lawsuits, is you can number one if you have a claim against the architect for their failure to meet professional standards of an architect, that is one claim you would have against them. If you had a claim against the city alleging that somehow the city had done something that had resulted .in some kind of damage claim and that somehow involved the architects and there was a claim that we were acting in concert or whatever, so there might be joined in several liability. The architects or I should say their insurance carriers who they would tend to the defense of the action would most likely claim that this provision provides that we would limit their liability to someone else. It's in my view a professional should stand behind their work. I don't know that they are likely to be subjected to a claim that would even get into these amounts, but I think I would be remiss by not saying that is not a provision that I care for. Smith: I'll have to ask Mr. Marcolina to comment on that if he can. Is there any other questions that you have concerning the contents of the proposal? Bird: I've got a question on that liability one that I would like (Inaudible). This is professional services, we are not asking to drop a set of plans that they are going to go out and build on or go buy a site or something like that. This is-that's why the liability thing don't scare me as much on this kind of a contract like that, am I not right on that? 8illl don't know... Meridian City Council Meeting December 15, 1998 Page 62 Gigray: I f it's not a problem, why is it there? If it is a problem, (Inaudible). I don't know why it's there. Smith: This is a-I think I can speak somewhat to this because in the time that I spent as a consulting engineer our short form agreements between engineering firm and clients that is very similar to this and it did contain a similar statement concerning limitation and liability. Believe me that particular statement was discussed more often than not by clients, some didn't bother them, others it did. It's kind of a standard statement as Bill Gigray said, it's kind of a boiler plate thing on a short form agreement such as this, it's there and I guess I would differ to Paul to make any other comments concerning whether it needs to stay or not, or how pertinent it is to this particular agreement. Marcolina: Mayor, members of council, and counsel Gigray, the limit of liability is part of our standard boiler plate short form contract clause. I couldn't say at this time of the night whether that could just be struck, amended, rewritten to your satisfaction, I would have to go back and ask that question myself. I tend to think we could do any or all of those things, I tend to think as Councilman Bird stated that for the particular services that this proposal is in regard to where we are in a schematic suggestive and documentation or data gathering type of phase as opposed to a document type of phase where physical construction is going to be involved that the liability or extent of liability for claim is almost non-existent I can't imagine what that might be. I believe that this is the same letter agreement that we had in place to do the-to perform the services that we did perform for you for the programming. So it is a letter contract that we've used with the city before. I believe it's actually I know it's the same contract, so I think we can alter that to your satisfaction if you think that is required. Bird: Would you have any problems striking it from there? Marcolina: I don't believe so. Bird: I think and both of us are relieved from the deal. Our attorney right now feels that the city shouldn't enter into something with that kind of liability situation (Inaudible) like that. So if it's no problem with you guys, we take care of it and just strike it. Unless your attorney feels different then I think that is something Mr. Gigray and your attorney could get together with him and come up with something. Marcolina: I think under the circumstances for the services again that we are providing I would feel comfortable doing that. Bird: I don't see anywhere where we can get into any lawsuits period or anything, because we're not doing any-you are not going-later down the line, if you are the Meridian City Council Meeting December 15, 1998 Page 63 other one, then we would want the liability in there. At this point we don't need the liability and our counselor don't feel comfortable with it. Marcolina: (Inaudible) That's fine, I think that's fine, disagreement in other words the agreement for any services beyond this would be in a different form. Bird: That's right. Marcolina: It would contain clauses for liability. Bird: Do you have any problem with it Paul? Marcolina: No that's fine. Gigray: Strike it. Bird: We can strike it and if your people don't agree with it, you can arm wrestle with Bill. Marcolina: I will do so. Gigray: Mr. Mayor, members of the council, just so Paul doesn't think I'm picking on him, I've run into these before and I've raised the same objection and we've usually ended up with the same result. Corrie: Paull have a question. On the preliminary budget (Inaudible) reconciliation that you are proposing an alley, base is not to exceed $2200 and in here space planning, the same thing not to exceed thirteen-five. Then on the building shell design you don't say not to exceed or anything, but it just said you going to charge us a fee of nineteen- five. Marcolina: I apologize, that is not to exceed amount as well. Corrie: Not to exceed nineteen-five. Marcolina: Correct. I apologize for that. Corrie: Council, do we need to make sure we have all the corrections here then before I sign it, you allow me to sign it. Bird: Do we need a motion? Corrie: I think we will need a motion if we don't have any other discussions on it. ( Meridian City Council Meeting December 15, 1998 Page 64 Rountree: I have nothing. Bentley: I have nothing. Bird: I move that we enter into an agreement with ZGA architects and planners for our-for professional services with the letter proposal on page 2 on the building shell design to read not to exceed $19,500 and also on the contract the limit of liability could be stricken, for the mayor to sign and the clerk to attest. Bentley: Second. Corrie: Motion made and seconded. Any reference to the motion on the three areas not to exceed and also striking the limits of liability from the terms of the conditions for the mayor to sign and the clerk to attest. Any further discussion on the motion? All those in favor say aye. MOTION CARRIED: All ayes. Gigray: I just would point out that I did distribute a memo this evening for your review later on and I would just comment that I do think it would be appropriate at some point that you might think about and the mayor may decide what you want to do here about putting together a sm~1I committee to discuss and do some planning on the financial side of this issue as well. I just tried to provide you with an overview of that and a little follow up of some information that I've found as to what the county is doing at this point in time. I mean you don't need to do that tonight, but I just wanted to point that out as a subsequent action. Then when that information comes back from them on design, we kind of know where we are going on the other side of this. Corrie: Thank you. I will get the councils input on a committee and recommendation. DEPARTMENT REPORTS: GARY SMITH: AWARD OF CONTRACT/ WATER DEPT. PARKING GARAGE: Smith: This was a project that we put out for bid last spring. No bids were received. Under the bidding laws we are allowed then to obtain a contractor on our own and we did solicit two prices from two different contractors that are listed on the sheet that you have. Elsworth Kinkaid Corporation who is at the time doing some work for us at the waste water plant gave us a price of $51,852. Cleary Building Corporation gave us a price of $47,482 with an alternate. This is referred to as a pole building, it's a pole superstructure with metal covering roof and sides. One side that you drive into is open. We took-Cleary made a proposal an alternate and I discussed this with Brad my assistant and after some discussion we decided to accept part of their proposal to Meridian City Council Meeting December 15} 1998 Page 65 reduce the gauge, the thickness of the metal for the roof and we did retain the plywood sheathing underneath that because of some sweating problems that had been presented to us on the original bid, that metal building seemed to experience. We reduced the five inch ply wood sheeting to % inch decrease the gauge of the roofing to 29 gauge from the 26 gauge and Cleary's proposal then came in at $41 ,756. They are a public works license for this type of work. They are available to begin immediately. We would like to get that garage built. So I would request your approval to enter into a contract with Cleary Building Corporation in the amount of $41, 756. Corrie: On the 26 to 29, that's okay for snow or anything, it would still hold up as well? Smith: Yes. We will have this ~ plywood deck underneath it. The purlins which run perpendicular to the roof trusses are on two foot centers. According to the information they provide at the 29 gauge will span that two foot without any problem and support the loads. So I think it's plenty safe. Bird: Mr. Mayor I move that we enter into an agreement with Cleary Construction for $41 ,756 to build a pole, garage at the water department and for the mayor to sign and clerk to attest. Bentley: Second. Corrie: Motion made by Mr. Bird and seconded by Mr. Bentley to approve the Cleary Construction of $41 ,756, to do the roofing in the building. Any further discussion? Mayor to sign and clerk to attest. All th~se in favor say aye. MOTION CARRIED: All Ayes. DEPARTMENT REPORTS: GARY SMITH: BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM: Smith: Last item is the bid results that we have for a new utility billing system, computer system, software. I'll pass this out to you. Balukoff and Lindstrom who are our accountants help put this bid request together and I don't know that I need, unless you want me to, we can read down through this together, but they recommended that the system that we have be replaced and three bids that were received Caselle Incorporated out of, I believe they are out of Utah. Spring Brooke, Sensus Softech. I know Caselle shows up at the clerks and treasurers annual conference each year and they have several systems that they advertise and sell. So our computer analysts through Balukoff and Lindstrom is recommending that we purchase this system that is provided by CaseUe Incorporated that will upgrade our existing billing system. I don't know if Will has got, I know you are probably more familiar with what we are doing than I am. Meridian City Council Meeting December 15, 1998 Page 66 Bird: Are these all very responsible bids raised (Inaudible)? Okay. Smith: He does say that Sensus Softech be removed from consideration. I guess that's primarily because it would require a system administrator on staff to maintain it. It has a separate data base package. Bentley: Just training of eight people, that's your people? Bird: Yeah. Smith: That would be MUSS, all the MUSS people. Anderson: I have a question on that then, will they do that at separate times or would you send your entire staff down there, so we didn't have anybody here, or could you split that into two training times or... Bird: Why would they be bidding for travel, lodging, meals and transportation for our people. We might save a $1000 there. Are they coming up here to do the training? They are going to Spanish Forks it says. So why would we, why would that be included in the bid? (I naud ible) Bird: Charging us $6,000 feeding at McDonalds and sleeping at Super 8. I (Inaudible). Corrie: Training fees I could understand, but travel... Bird: I can't figure out why they would put that in. That's up to... Anderson: I guess my other question is could they do the training locally if they rented a computer lab or something like that so we didn't have all the travel expenses and the lost time of people being gone. Rountree: Training locally in a familiar environment with the PC that you are going to be using on a daily basis would be very beneficial. If they go to Spanish Forks, they will be in their lab, with their machines that might have a different look, setup different, whatever (Inaudible)... Smith: That's what they did with the accounting software, that lady came out from New York, I guess it was and so she spent a week out here right in the office set up on their machines and... ( Meridian City Council Meeting December 15, 1998 Page 67 Corrie: This travel, lodging, meals and transportation could be their cost, not ours. Bird: Yeah but it says they are sending it down to ours. I hope (Inaudible). That could be their training people. Bentley: Could be, but that's not how I read it. Bird: That's not how I read it. Bentley: I don't think it's very clear. See these other people say they could train on site. (I naud ible) Bird: Will do you know how the specks is wrote up for the bids on the software? Gary? Did the bid specks tell you what that would mean? Smith: I didn't see those bid specks. Bird: You've got to remember too guys, that the software, installation, training, will need to purchase and figure up to 15 personal computers too on top of this. (Inaudible) Gigray: You might table this for further clarification. Smith: There was some capital outlay for computer equipment budgeted in there, yes. I can't say specifically there are 15 stations budgeted, but I know there were new stations budgeted. Bird: How long are these bids open for Gary? What have we asked them to hold them for? Rountree: All that does is license the software to the City of Meridian for up to 15 users. It doesn't say we have to have 15 users. At some point in time, when we have 15 users, we don't have to pay them any more money. Smith: It seems like they were talking about 10 or 11 users. Bird: If I read that, it says there will be a need to purchase and configure 15 personal computers. The last paragraph. Rountree: Up two. That's what they are pricing... 1: I Meridian City Council Meeting December 15, 1998 Page 68 Corrie: That's right, software is up to 15 users which is included in the cost. Smith: I think when they were counting those they had less than that. But it does say up to 1 5. Bird: Well, they will need to purchase and configure up to 15 personal PC's. Bentley: Gary can we take and table this and maybe get some more information on it. Have time to act on it next meeting? I would like to know where this travel lodging and all of this is or whether we can bring somebody up here and train them, like you did on the other program. Smith: I don't think that would impact it. Yes, I think that we could do that. Bentley: I think I would be a little more comfortable with that. Bird: I would be a lot more comfortable. (Inaudible) Bentley: When you say that you didn't think it wouldn't have any impact, you are talking about on the overall bid? Smith: On the time, as far as how long the bid is open for. I would think it would be open until the next council meeting~ Corrie: I guess if you wanted to table it, we need a motion. Bentley: I move we table the bid results for government utilities billing system until our next meeting on January 5, 1999. Bird: Second. Corrie: Motion made that we table this request until January 5, 1999 meeting for further discussion. All those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: I have a couple of things that I want to ask about if I may. Rountree: We still have one more thing on the agenda. Bentley: Do we, not on mine. Meridian City Council Meeting December 15, 1998 Page 69 Bird: Yes we do, we brought D down off the consent agenda. Bentley: That's right, I'm sorry. Corrie: The investment resolution, Mr. Gigray, I believe you had that one. Gigray: Mr. Mayor and members of the council. I received a memo dated yesterday from Janice Smith with regards to the follow up to the city's investment decisions and having reviewed the statutes that I believe were appropriate. It looks as if 1 0-13 and 1 0-13a if we had some kind of deferred Camp Plan and I don't know whether or not you do, but it seems to me that you could include it in the motion. The statutory authority says you have got to pass an ordinance if we are going to have depositories, but if you are-you can authorize a treasurer to invest by resolution. It's my understanding that you want to create an investment committee, you have the authority to create Gommittees. So this proposal would be that you would make certain findings that the investment of these funds are basically in the best interest of the city. Appoint a committee to be an investment committee. It would be staffed by two elected officials based on the memo that I saw would be the mayor and president of the council and two officers being the city treasurer and the city clerk and that committee could advise the city treasurer and then the city treasurer can make the investments this resolution would authorize and empower and direct her to do so on the condition that you would have one of the committee member sign-I tried to get in everything that I saw in the memo that was the intent of the council. I tried to make the resolution in a form that would meet the statute. I didn't prepare, I didn't have time to prepare our usual resolution form, but I tried to get you a memo that would be the exact language. If you need to act tonight, you could pass this resolution we could just submit a final form for signature but it would read just like this. I'll walk you through it, if you want me to. It also provides in here that as a special authorization you'd be directed in power, establish an investment account with Buffington, Moore and McNeil, in accordance with their proposal of June 22, 1998 and then I've included some broad language here and to sign all necessary documents together with the city clerk to carry out the directive. Now their proposal that I saw on their form is really for corporations and they may say we will use this form, but the way I read the statute it would be the city treasurer and clerk that would actually sign this because they are the ones that you would direct by statute to make the investment. The City Councilor mayor wouldn't be doing it. Corrie: The mayor, president and city clerk and city treasurer would make the recommendations for that. Gigray: You would be the investment committee. Bird: You would be the investment committee and then they would... Meridian City Council Meeting December 15, 1998 Page 70 Gigray: I drafted this so it will work perpetually so whoever serves in those positions will automatically be on that committee unless you change this resolution. Bird: I like the resolution. Do you guys see any problems with that? Rountree: I read through it and I don't see anything terribly different than what has been talked about ... Bird: That was what the motion basically was wasn't it. Rountree: Yeah. Corrie: We may have to go back and have the clerk and treasurer make some of the signatures, but that's okay. Bird: Have them do what? Corrie: The clerk and treasurer would have to sign some of those rather than-I signed them and I think... Bird: That would be no problem. That would be absolutely no problem. Corrie: That wouldn't be any problem. Bird: I don't see any problem with all four of you signing. I'd feel more comfortable that all four of you signed it. At lest we know all four of you read it. Corrie: Well you can put that in there if you want to make that resolution. Bird: I think Bob, he's going off of what the statute says. Gigray: The statute says you empower the clerk or treasurer to do that, since the city clerk attests the most officer and elected official signature, that was appropriate the city clerk be included in that. I think that is all you need to do. It looks a little odd, the only reason it is I'm just trying to make it fit that statute because we are talking about a fair amount of dough here and I think, you don't want to have this come back. They can go ahead and finish it up. Corrie: The mayor and council president would read it so. Bird: Oh yeah, that's (Inaudible). Corrie: There is too much money if you don't. ( Meridian City Council Meeting December 15, 1998 Page 71 Bird: If you don't we'll be after you. Won't we Glen? Bentley: Sure. Bird: Mr. Mayor, I move that we accept this resolution.. .wait a minute. Bentley: 208 Bird: I'm sorry I move that we accept resolution #208 regarding the investment with Buffington, Moore and McNeil investment advisors. Bentley: Second. Corrie: Motion made by Mr. Bird, and seconded by Mr. Bentley to accept resolution #208. Any further comments on the motion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Two seconds.' I was curious on whether we should take and do some city planning on the Y2K problem. I don't mean updating our computers and stuff, maybe get the department heads together and put some contingency plans together in the case New Years Eve falls and we don't know really what is going to work and isn't going to work. My case is all the lights going to work? Are we going to have troubles with power? Are we going to have trouble with stuff that the police deal with? We don't even know if the fire trucks are going to start, police cars are going to start. I'm just wondering if the we should make some plans to make sure we've got adequate police and fire on staff that weekend~ Fortunately it falls on a weekend for us. The water department what may happen there with the sewer department, if some of that stuff goes down are we going to have adequate people to make some plans in case the wheels literally fall off? Next year. Corrie: I appreciate your consideration (Inaudible) we've already been doing that. Smith: Mr. Mayor and council members, we've in the public works department we've been doing quite a bit of checking into Y2K as far as how it impacts water and wastewater system. Part of that checking that we've been doing) we've been having some conversations with Steve Kunkel who is working through Balukoff and Lindstrom on our audit and he has a fair amount of background on Y2K. I think as this audit comes to a close and his time is better, he's going to be able to give us a proposal to do what Glen is suggesting to look at our systems and he has software available that he can check our computer systems and software, both hardware and software and see what kind of problems that we do have and then we can go about correcting those. As Meridian City Council Meeting December 15, 1998 Page 72 soon as he gets the work that he is doing now on the new accounting software, gets that put to bed. It's my understanding that he is going to give us a proposal so we can move forward with exactly what you are suggesting. Bentley: See that's not the only issue that I'm trying to address here. Nobody knows for sure what is going to happen. Every car has a minimum of three chips in it. Some of those chips work, they are date stamped chips. Some of them work in a system that requires a date in it. Others work in a system that doesn't use a date stamp. They don't know whether because that chip is multipurpose, they don't know whether it's going to work. You may go out in the morning and your car may not start... (END OF TAPE) Bentley: .. .We may have to hook horses to it to drag it out somewhere. This is my point, these chips are all over in everything. It's sort of a dooms day look at things, but I think we need to be prepared to-are we going to have adequate personnel, not everybody is off on vacation because it's between Christmas and New Years. The power situation, Idaho Power says they are ready, January 1 st is in the dead of winter. If we are buying power from Utah or somebody and Utah is not ready, what happens then? The fire alarms don't work or they may all go off and we've got fire trucks running allover the place and I'm talking a personnel staff to take care of the problem. If the lights in town don't work we're going to have to have police available to go out and direct some of the traffic. Like I said, the fortunate thing is this comes on a Friday night so you've got, you can work your way through it for the weekend if it's not fixed by Monday to where we can handle it. There are just so many little things tied to this and I'm just kind of wondering if the department heads don't need to get together and sort of put in some plans-well what happens if this doesn't work, or something in the middle of the sewer plant that nobody thought of has got a chip in it that crashes down and doesn't allow the plant to work. I mean yeah we may all be out there with shovels trying to help clear out the filters and stuff, you know, it's just something that I wanted to put out and everybody can sort of thing about it a little bit. Anderson: I've been in on some discussions on the county level over in Canyon County. We've done some checking with the manufactures of our fire truck and we have three trucks that are the same brand as three of Meridian's trucks also. The manufacturers of the fire truck have instructed us not to take any special precautions with the trucks. They don't anticipate any problems. I think it's something we need to be concerned about, but I think there is kind of a happy medium too. You don't need to go completely overboard worrying that everything is going to fail, but you should have some contingency plans in place for some little unexpected things like that, but I guess I wouldn't devote thousands of dollars and thousands of man hours toward worrying about a hypothetical problem. ( Meridian City Council Meeting December 15, 1998 Page 73 Bentley: I just want to ask, are we going to-since we are going to line up and try and realign our meetings and hold down the speakers times, are we open to go get some of those lights that Boise City has got for showing times or how are we going to work that? Rountree: Egg timer? Gigray: I've worked under an egg timer, that is annoying. Bird: We've done real good tonight for everything we went through. We've done real well tonight. (Inaudible) Gigray: It's that contentious application is where you get into that. Bentley: The other thing, I think everybody that was involved in putting the Christmas party together needs a big thank you. I think that was just superb and I would urge the mayor to line these same people up for next year. They did a good job. Rountree: If you put a letter out to that effect Bob. Corrie: They are going out tomorrow. Rountree: Okay, that's great. Bird: I really appreciate it. Also our Christmas Tree Lighting program up there was a very first class and I believe the parks department did most of that didn't they? They did an awful fine job and I appreciate that. Corrie: One of the things I think that we should look at again next year is involve the kids more and more. That's what it's all about. Bird: You bet. Corrie: We've got some things that the parks have talked to Charlie and I and we'll get them more involved. The bigger the city gets, the more important that is to them. Bentley: That was just a super party. Bird: The food was delicious. I don't think I've ever been to a better... Bentley: The only complaint I heard on the food was they didn't give us advance warning that they were shutting down. ( Meridian City Council Meeting December 15, 1998 Page 74 Rountree: I heard the green beans weren't great, but the rest of it was. Bird: Oh, I thought they were great. I could have ate a bunch more of it. Rountree: One is the first meeting of the year, if you all would wear a sports coat and tie. We are going to have the chief take a picture of the council and the mayor with their digital camera so they could have that posted in various buildings around town so people can put targets on us. Actually, so his guys can know who the heck we are. Bird: We might not want them to know us. Rountree: Anyway, if you would remember to do that. The other thing is that we are not having a planning meeting this month. That's my Christmas present to you all. With that if I don't see you in between now and then, you have a merry, merry Christmas and Happy New Year. Corrie: That isn't too soon. The first meeting is the 5th of January. Rountree: If we could get here at 7:00 chief, that would give you enough time? Gordon: That will be sufficient. Corrie: I need one thing, each of you give me what your polo shirt size is. If you are a Large, X-Large, Charlie what's you? Rountree: Depends on the shirt. Corrie: Real nice. Rountree: Like you guys buy, probably a Medium. Corrie: There is some 50/50, yeah, some of the Larges... Bird: What are these for Bob? Corrie: This will say the City of Meridian, Councilman underneath it, it's coming out of my budget. Bird: Okay, as long as it's out of yours. Corrie: Ron? ( Meridian City Council Meeting December 15) 1998 Page 75 Anderson: X-Large. Corrie: Glen? Bentley: Small, X-Large. Corrie: Keith? Bird: XX-Large. Charlie: If it's that kind of shirt there, I'll wear a large. If it's like an Eddie Bauer product, their Larges will fit 2-3 people. Gigray: I have one item on, just a note, December 31, at Harry's my blues band, the Smoking Todd and the Delta Rockets are playing, invited to come by and harass me if you want. New Years Eve. It's a good blues band. Corrie: Should we adjourn. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded, all in favor say aye. MOTION CARRIED: All ayes. MEETING ADJOURNED AT 11 :55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPRO ED: ATTEST: ( MERIDIAN CITY COUNCIL AGENDA TUESDAY, DECEMBER 15, 1998 -7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: K RON ANDERSON K CHARLIE ROUNTREE X GLENN BENTLEY )( KEITH BIRD ',( MAYOR ROBERT CORRIE A. B. c. 1~ 1. CONSENT AGENDA RESOLUTION #206 - CITY COUNCIL'S PUBLIC HEARING PROCEDURE POLICY: tiJljfr1?V'R- RESOLUTION #207 - REGIONAL PUBLIC TRANSPORTATION AUTH 0 R ITY: tMf;:;n-o VI.€.-- 1999 BEER, WINE, LIQUOR L1~ENSE RENEWAL~~~V.L/ (<.~SOLU-TION tt208 - :rNVt:-5Tf11D/T.:y fo 7~ 'fT19 /Vllr-t,Vt.el ~ k.~ie~E~A a.-rr-prrfV DECLARATION FOR A DRUG FREE IDAHO: ~~ TABLED DECEMBER 1,1998: FINAL PLAT FOR THE LANDING NO.11 BY MALLARD LANDING LLC - SW % SECTION 13 T. 3N., R. 1 W: ft~~ ~. 70-/I'Ifi'r ~ ...f tJ:'Ld~1- (}l--F dee/.ft/n.J FINDINGS OF FACT AND CONCLUSIONS OF LAW{VA~TANCE FOR PACKARD SUBDIVISION NO.2 BY PACIFIC NORTHWEST ELECTRIC -- NW % SECTION 5, T3N. R1 E: Ii/fPrPt/€./ PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HIC~EY - EAST OF 603 PINE: 1ft J~ /' a...f-~cj 'It? ~jJM-R-I/f^ felL ?.J!1--/t k(,rtYl~ re~dwh~~ PUBLIC H'EARING: REQUEST FOR ANNEXATION AND ZONING OF ..T~. (!?17 ~ 2.84 ACRES FOR PROPOSED OLlASON PARK SUBDIVISION BY ..L:. TONY HICKEY - EAST OF 603 PINE: etcc.e,er teu:ryvvY)-tr~1.n..-7PO~ ~ jJ( 2 ~ f a~V; Iv f!!LJ?~rIPi elL C#td a,~ti.;6l-~t!J7dma-nCJ. PUBLIC HEARING: REQt1EST FOR PRELIMINARY PLAT FOR .fIn-.,Ta-n !?(l~ PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 E. PINE: ~fH?ve. p,r1J-J-; staff {!~ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO.2 - WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:) f!tJ'YL-fJiw-v p / t/ frv aCCe r s /.r.>he beS iCLeI CUf/.e ~ ~ 1 ,rtf/),.., (1'~ m ~ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDV ALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING - NW OF EAGLE ROAD 11- 84 INTERCHANGE AND W~S~ OF EXISTING :rEXACO~ a.CC.7/Z~Jt- ~ re~i>plt-- cJ/PiZ ecn...... .il~t-con.d/h~ .!).F-l<cpeU(.. ~ ~ PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR jJY'ejJtvU:. -/'IF-I'C/L PROPOSED MIDV ALLEY BUSINESS PARK SUBDIVISION BY HUBBLE ENGINEERING - NW OF EAGLE 11-84 INTERCHANGE AND WEST OF EXISTIN~ TEXACO: aj?prcwL-- ~ 'jXa% d'a~a-I-o ccrn-d/~h'&-n . o-F ~ 117- PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY HUBBLE ENGINEERING - 621 ALLEN STREET, NQ~TH/' OF 1-84 AND WEST OF EAGLE ROAD: tuZ1?jJ-t-1 ~f'pl')9l1.e r/~ T e ( ~.Pf2~ PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.2 ACRES BY ROBERT F. BEEDE - 800 W. OVERLAND ROAD: acc€--pt- cd; reDrr'VY"'~-d.~ ~ &f jJf 2" Ccn- a.--&( ~ VcLf f- -//F if ell. ~d.. 4.1/1. M.-!C i:>- PUBLIC HEARING: REQUEST FOR ANNEXATIOf\J AND ZONING OF 6l1dJn~ 7.30 ACRES BY QUEENLAND ACRES, INC. - % MILE WEST OF ~/~ , OVERLAND FROM MERIDIAN-KUNA ROAD SOUTH SIDE BORDERING ~~tq WEST. SIDE ~F RO-HO.ENT:: t{Cc~j?t-r..ec~~a;:h~ 0,1- . ~ fYi2 c~. To ~ app-e/~ -a.j1-Y1-i--e:f forf'C<-e IY-f. clLf7:r..- 1-5-qq PUBLIC HEARING: ~EQUEST FOR ANNEXATION AND ZONING OF t4-~ .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RA~ROBNETT- 3036 LANARK STREET: d~.j Iv fhRj?eu.e- -/,/.r?' ell REQUEST FOR CONDITIONAL USE PERMIT FOR ROARING SPRINGS A FAMILY WATER PARK BY REED J. BOVYEN, J~-SOUTH OF 1-84 & d~ WESTOFHIGHWAY69: Ci-j?p--rov-€/ /IF{ e/c.., tvr-~ rtZc~ C7~ 'p12 ~ REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON DEVELOPMENT AGREEMENT: ~/fJ;-()VV REQUEST FOR A TIME EXTENSION FOR DAKor A RIDGE SUBDIVISION BY STEINER DEVELOPMENT LLC: ~l19ve crn..e. '/3:tLrL .e lG /.e.rt.s; 87V REQUEST FOR BUICDING PERMIT FOR GOLFVIEW NO.4: tof 2 -f /j/L 7 ~ p r f?V.t2- bV I r f....... Ie rv.-p .rt. tV'\.. cf a caJ:f DISCUSSION OF AMENDMENT TO GOLFVIEW #5 NON DEVELOPMENT AGREEMENT: , ~r-pv-.e... o-n..R- ~~ 12 ~~ 15. 16. 17. 18. ( 19. DEPARTMENT REPORTS: A. - B. GARY SMITH: 1. TABLED DECEMBER 1, 1998: LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT FOR SEWER LINE CROSSING ON VAN AUKER SEWER PROJECT. ?r&v.e...- 2. DECLARE EMERGENCY - DRILLING OF WELL #18. ~ov.e.... 3. REQUEST TO RETAIN ZGA ARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER. cvp j9Yl:JV/e- W'/'H-> /Le 1//%1 bn.,.(" 4. AWARD OF CONTRACT I WATER DEPT. PARKING GARAGE ?I.jJjJNJV1-f..- C/.eUtj IUdt &rp- JOHN SHAV'JCROfT. hL- #~0 717"1. '?!?- 5: BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM. fr1Xe ~ ~. E;f?t /1M} PJ-. J2eJ~ln- #209 tzpp&v~ rlS~tWt/;-~ tvr- IhveJ~ ( CITY OF MERIDIAN' . PUBLIC MEETING SIGN-UP SHEET - (llkj ~aLlJtu1/iz7 . RECEIVEr DEe 1 5 1998 CITY OF MERIDW PHQNE NlTMBER 7 ';:; ~ 0 r l.tJ ({ .- . q -- I 0 ~ ~r; ~ ! 0 " ~-7/ J1..l(' f"d>8- - 33] ~.?-6 3S<y _.+. N;l!f', ~/ ~j tj~J- .t: idlJ A~1 a~ I [h;.~ du 7/ . I . {I\ .L{~~,- 6; ~1 r'fY1 p;//'~ - ,~, ( CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET (I/ltl ~uL /J1eefinq -- J. 0 RECEIVE~ DEe 1 5 1998 CITY OF MERIDIA NAME (: t,-~" MnwA-~V 5F-e,jt~ h- c e .. !l41rv qv- A Do 11~"1I!s 11 ~(lIo PHONE N4BER 34 LJ:~ os 7 . Lit r t; \1r 3> P pt, 7~-5 L- RESOLUTION NO. 206 PUBLIC HEARING PROCEDURE POLICY RESOLUTION NO. 206 BY: 6/e/1Jt4enf-lej (!tJtvI1 c/llna/Jv A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AND ADOPTING AND ESTABLISHING A POLICY FOR THE CONDUCT OF MATTERS BEFORE THE CITY COUNCIL AND PROVIDING FOR AN OPTION FOR THE CITY COUNCIL TO APPOINT A HEARING EXAMINER IN CERTAIN TYPES OF APPLICATIONS GOVERNED UNDER TITLE XI OF THE MUNICIPAL CODE. BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The Council does hereby adopt as the official Policy and Procedures for public hearings for the transaction of hearings before the City Council of the City of Meridian, the following: WHEREAS, the City Council has certain authority to adopt written organization papers consistent with Chapter 65, Title 67 pursuant to Idaho Code Section 67-6504(c); and WHEREAS, it is found by the members of the City Council that it is in the best interests for the conduct of its business to adopt written policy and procedures for the RESOLUTION OF THE CITY OF MERIDIAN FOR CITY COUNCIL'S PUBLIC HEARING PROCEDURE POLICY conduct of matters governed under the City's Zoning and Development Ordinance, Title XI of the Municipal Code; and WHEREAS, the Council has duly considered a draft of the policy and procedures, which is herein determined appropriate under the circumstances. NOW THEREFORE, BE IT RES.OLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1 . The City Council does hereby adopt as the official public hearing procedure policy for public hearings of the City of Meridian, a copy of which is attached hereto marked as Exhibit "A" and by this reference incorporated herein. 5~ PA~ED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~day of 'CehllJeJ- , 1998. ATTEST: ... ~~ TY CLERK/SECRETAR'a 111798-Final \\\ltUUfJ "Ill ~,\'\ ,...t: Ul::n." 1111 ~""...J V1 -~'" III ,....,.... ~ '""\ 't",.t )'~ ;- c} ~- I.'~.:~ ~ ~ ~ - ~ ~ , ~ ~ SEAL ~ ~.,.~ R.! % "'<> \:'lI&r 1$'1 · '" it I ~ ~ ..n~ .'~ .;~ "'" \V ~ "'-'....i\ ......ut..JN"'ri. ,.... ".... , 'I \\\ IlltllHt.nU\\\\ RESOLUTION OF THE CITY OF MERIDIAN FOR CITY COUNCIL'S PUBLIC HEARING PROCEDURE POLICY 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its re~s and minutes and do hereby certify that on the 15~ day of .ef?V~ , 1998, the following action has been taken and authorized: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AND ADOPTING AND ESTABLISHING A POLICY FOR THE CONDUCT OF MATTERS BEFORE THE CITY COUNCIL AND PROVIDING FOR AN OPTION FOR THE CITY COUNCIL TO APPOINT A HEARING EXAMINER IN CERTAIN TYPES OF APPLICATIONS GOVERNED UNDER TITLE XI OF THE MUNICIPAL CODE. BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The Council does hereby adopt as the official Policy and Procedures for public hearings for the transaction of hearings before the City Council of the City of Meridian, the following: WHEREAS, the City Council has certain authority to adopt written organization papers consistent with Chapter 65, Title 67 pursuant to Idaho Code Section 67 -6504(c); and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN WHEREAS, it is found by the members of the City Council that it is in the best interests for the conduct of its business to adopt written policy and procedures for the conduct of matters governed under the City's Zoning and Development Ordinance, Title XI of the Municipal Code; and WHEREAS, the Council has duly considered a draft of the policy and procedures, which is herein determined appropriate under the circumstances. NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 1. The City Council does hereby adopt as the official public hearing procedure poH~:Y for publ~~lh\lijfjDgs of the City of Meridian, a copy of which is attached hereto markec}-as E~~JU:lO:~"..this reference incorporated herein. ~ L.~, ~~}!~ J}/ , ~ ~~, . 7~~...:'-;" ! v- ~ORA'J:~ v % ::- y ~ :;: ~ ~ Ad ~ SEAL ~ ~~~ % ~ f JNILLlAM G. BERG, JR. ~~. "o~ ~ -Yo '-~r 1$~ t ~"' ~ ~... ~ 4'\'r " >r~ a "\v " ?-/I,} J O(Jtff'{ t \ \ \"" STATE OF IDAHO,) 1IIIJ1UHt\\\\\\\ : S5. County of Ada, ) ~ n thi lS day of , in the year 1998, before me, " 1Y"f\/:> , a Notary Public, appeared WilliAM G. BERG, JR., kno 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. "'UIIII'#,,, "",~ .~<< ....~~1> (j"BL L'3L ~~~~ #. 0'........ ~ ~~ ~~ ~ ...(P '\. 1 :e ~OTA~ t~ e\ \ =: ~,: 11::I * . CIb.... . * . ~ ~ : = \ 1.P.~. .POBL\C.: i ~ '~o.. ..0 ~ "9 ..('.;, It-. .. ..c.~ 'lo ~ ~~ '-l r ".oeo.- . '-T , ~#~~ lJ 0 F Ii) ~ ..,.." 'I, t."" "'"111111" ~:t ~ ~/~ Not Pu IC for Idaho ri i Commission Expires: I I daJd-. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 CITY OF MERIDIAN, ADA COUNTY, IDAHO RECEIVED DEe 1 5 1998 C.it)T of Meridian CIty Clerk Office RESOLUTION NO. 207 By Councilperson {!~ /ClJlA/nk A RESOLUTION OF THE CITY OF MERIDIAN, IDAHO, AUTHORIZING THE MAYOR TO REPRESENT THE CITY OF MERIDIAN ON THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY AND AUTHORIZING COUNCILMAN GLENN BENTLEY TO BE AN EX OFFICIO MEMBER OF THAT AUTHORITY ON BEHALF OF THE CITY OF MERIDIAN . BE IT RESOLVED BY the Mayor and the City Council of the City of Meridian, Idaho: SECTION 1. WHEREAS, the City of Meridian is a municipal corporation duly formed and existing within the State of Idaho; and WHEREAS, the City of Meridian under authority of Idaho Code ~40- 21 06, provides that the City Council has the authority to appoint by Resolution members to the Regional Public Transportation Authority to serve at the will of the Council; and WHEREAS, the City of Meridian find that it is in the best interest of the City to participate in the Regional Public Transportation Authority. Section 2: NOW THEREFORE based upon the above and foregoing findings BE IT RESOLVED by the City Council that it does hereby appoint the Mayor of the City of Meridian to the Board of the Regional Public Transit Authority and appoint Council Glenn Bentley as an ex officio member of the Board of the Regional Public Transit Authority. RESOLUTION - 1 Section 3 - MISCELLANEOUS: All resolutions, orders, or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. Section 4: This resolution shall be in full force and effect form and after its passage. '\. PASSED BY THE CITY COUNCIL of the City of Meridian this / 5'~day of oeceJYl b.er , 1998. /-#l ~ APPROVED BY THE MAYOR of the City of Meridian this ? - day of *leCembeF- ,1998. ArrEST: eyrrransit. Res , ,,\\,tUUnllllll ",-,\\\\ Of ~~/"f',,, \" JiI':.~.~ . (......~'.A ~ ,,-' (} "'/-;"cRVUflA :~, ~", ~ f ''RQiWOFti;~ \. ~ ~ - # ~ SEAL ~ - 7~~ & s ~ .-~ ,050 ::: ~ "0.' VS, 1$\ · ~~.f ....-'/,.. ~I a \Qtt ~~...... /.... ,,/ "QlJ~r-:'{ ,,"\ I )'11 l 'Ii t 1 \ \ \\ \ Ilr/fun itH"'\ RESOLUTION - 2 ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 17 the undersigned, do hereby certify: 1. That I am the duly appointed and elected CIerI, of the, a duly incorporated municipality operating under the laws of the State of Idaho, with its principal office at 33 E. Idaho Ave. Meridian, Idaho. 2. That as the CIerI, of this municipality, I am the custodian of its records and minutes and do hereby certify that on the 15 th day of ~ecelnb..eF- 19987 the following action has been tal,en and authorized: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN WHEREAS, the City of Meridian is a municipal corporation duly formed and existing within the State of Idaho; and WHEREAS, the City of Meridian under authority of Idaho Code 940-2106, provides that the City Council has the authority to appoint by Resolution members to the Regional Public Transportation Authority to serve at the will of the Council; and WHEREAS, the City of Meridian find that it is in the best interest of the City to participate in the Regional Public Transportation Authority. Section 2: NOW THEREFORE based upon the above and foregoing findings BE IT RESOLVED by the City Council that it does hereby appoint the Mayor of the City of Meridian to the Board of the Regional Public Transit Authority and appoint Council Glenn Bentley as an ex officio member of the Board of the Regional Public Transit Authority. CERTIFICATE OF SECRETARY - 1 ( ( IN WITNESS WHEREOF, I have he~to subsc~bed my name and affixed the seal of the corporation on the _ day of ,Cehv-.beA~ ,1998. /~ (SEAL) \ \ ,\ \14" tot 1#, III ;,.' . \,,\\\ ~C: a.--lt.~....... 'fll .,~ ~ \.11 ~;~\-;~~ I,~,~ ,,"c~ ~~ ~-~At, ~~ ~ , ~ ........~... .. ~ ~ ~ I,-,'A ~ ::: ~ 'U -t ~ SEAL l :;. ~ ~.:::- ~ ~ ,,~~ 0 g ~ -?c t<sr 15"\ · ~ ~ ~ ~ ~~ ,~ //,,~ CoUN'"f"i t ,~' li7rJ1 ,~ \ \\\' III J J II t : .)1 \ \ \ \ \- ByJl~~A ~ ,r; Clerl( ey/Meridiarv'Certif.Clk CERTIFICATE OF SECRETARY - 2 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF THE VIRGINIA JENNISON FAMILY ) TRUST BY THEIR DULY AUTHORIZED ) AGENT, TONY HICKEY, APPLICATION FOR ) PRELIMINARY PLAT FOR 2.84 ACRES FOR ) PROPOSED OLIASON PARK SUBDIVISION, ) EAST OF 603 PINE, MERIDIAN, IDAHO ) FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT This matter coming before the City Council for public hearing for Preliminary Plat approval pursuant to S 11-9-604 E of the Municipal Code of the City of Meridian on this 15th day of December, 1998 and the Council finding: FINDINGS 1. That notice of public hearing has been given in accordance with the City Ordinance. 2. 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, Council and Planning and Zoning dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 14 Site Specific Comments which are herein found to be fair and reasonable under the circumstances. 3. The proposed development is found to be in conformance with the Comprehensive Plan of the City. 4. Subject to the conditions of approval the proposed development is found to have Urban Services to accommodate it and is in continuity with the City's Capital ORDER OF APPROVAL OF PRELIMINARY PLAT OLIASON PARK SUBDIVISION Improvement Program and there is existing public financial capability of supporting services for the proposed development. The Council having considered the requirements of its subdivision ordinance for Order of Conditional Approval of Preliminary Plat approval and having made its findings IT IS HEREBY ORDERED THAT: 1.) The Preliminary "Plat of Oliason Park Subdivision" as evidenced in Plat bearing the Drawing No. 311-07-240-000, SHEET 1 OF 1 dated 8/12/98 CAD DWG: PINE.DWG is Conditionally Approved subject to those conditions as set forth in the letter to the Mayor, Council, and Planning and Zoning, dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 14 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein. By action of the City Council at its regular meeting held on December 15, 1998. By: RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: 1-7-f1 2 ( ~fayor ROBERT D. CORRIE HUB OF TREA.5URE VALLEY A Good Place (0 Live LEGAL DEPARTivlENT (208) 88~~..t~64 COlIncill'v1embers CITY OF MERIDIAN CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH B fRO 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 PUBLIC WORKS BUILDING DEPARTi'vlENT (208) 887 -2211 PLANNING AND ZONING DEPARTi'vlENT (208) 884-5533 MEIVI 0 RAND UM: October 8, 1998 To: Mayor, City Council, Planning & Zoning Bruce Freckleton, Assistant to City ~inee~ Shari Stiles, P&Z Administrator&-~ OLIASON PARK SUBDIVISION by Tony Hickey Request for Annexation & Zoning to R-8 for 11 Single Family Dwellings Request for Variance on Lot Frontage from Required 65 foot Min. to 58 feet Request for Preliminary Plat Approval ./ From: Re: We have reviewed this submittal and offer the following comments, as conditions. of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL CO~NTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigatiOn/drainage district, or lateral users association, with VvTitten confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fIre hydrant placement with the City of Meridian's Public Works Department. 6. Indicate on the [mal plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Oliason Park.PP.doc Mayor, Council and P&~ October 8, 1998 Page 2 ( 7. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P~tvL of the J\;Ionday prior to the scheduled hearing by the :rvferidian Planning and Zoning~ Submit ten copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City CounciL SITE SPECIFIC CONTh1ENTS 1. The legal description submitted with the application for annexation appears to meet the requirements of the City ofMeridia~ and State Ta'X Commission. 2~ Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department.. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 3. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements~ 5. The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Please show any existing easements of record.. 6. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat~ 7. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Applicant has not indicated \vhether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association systeIl\ plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Oliason Park.PP.doc ( ~layor, Council and P&Z October 8, 1998 Page 3 ( Pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the Meridian City Engineer. 9. Please indicate the existing land use and zoning of all adjacent properties. 10. Please submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 11. Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 12. Add a note that the minimum residential house size is 1,301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 13. Applicant has submitted an application for variance from the mmunum frontage requirement of 65 feet. Due to the depth of the lots, this should not be a problem, and minimum lot size of 6,500 is being met. 14. The applicant has submitted a "Water Level Investigation" report dated August 19, 1998 by Kleinfelder, Inc. to try and establish the ground water elevation on the project site. Four test hole trenches were dug utilizing a rubber tire backhoe. Water levels were recorded on that day for each of the four trenches. The trenches were then backfilled with the native materials. Although this is good information to have, we want to determine the highest normal ground water elevation (sustained), that could be expected on the project site. We have placed calls to Kleinfelder to discuss the report, however we have been unable to reach the two individuals that penned the report. Oliason Park.PP.doc JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN t IDAHO 83680..1150 TEL (208) 288..2499 FAX (208) 288..2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653...0247 TEL (208) 466...9272 FAX (208) 466...4405 PLEASE REPLY TO MERIDIAN OFFICE January 2, 1999 RECEIVED JA~J - 5 1999 CITY OF 1VillRIDIAN William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: OLIASON PARK SUBDIVISION Dear Will: Pursuant to City Council action of December 15, 1998, I have prepared the FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT in the application of Tony Hickey, regarding the above matter. This document 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 should be retained by the City Clerk. Copies 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\Letter to Clerk on Order of Approval in 01iason Park PP.wpd BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF HUBBLE ENGINEERING, NORTHWEST ) OF EAGLE ROAD/I-84 INTERCHANGE, ) W~ST OF EXISTING TEXACO, FOR ) PRELIMINARY PLAT FOR MIDVALLEY ) BUSINESS PARK SUBDIVISION, MERIDIAN, ) IDAHO ) FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT This matter coming before the City Council for public hearing for Preliminary Plat approval pursuant to S 11-9-604 E of the Municipal Code of the City of Meridian on this 15th day of December, 1998 and the Council finding: FINDINGS 1. That notice of public hearing has been given in accordance with the City Ordinance. 2. 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, Council and Planning and Zoning dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 15 General Comments which are herein found to be fair and reasonable under the circumstances. 3. The proposed development is found to be in conformance with the Comprehensive Plan of the City. 4. Subject to the conditions of approval the proposed development is found to have Urban Services to accommodate it and is in continuity with the City's Capital FINDINGS AND ORDER OF APPROVAL OF PRELIMINARY PLAT FOR MIDVALLEY BUSINESS PARK SUBDIVISION Improvement Program and there is existing public financial capability of supporting services for the proposed development. The Council having considered the requirements of its subdivision ordinance for Order of Conditional Approval of Preliminary Plat approval and having made its findings IT IS HEREBY ORDERED THAT: 1.) The Preliminary "Plat of Midvalley Business Park" as evidenced in Plat bearing the Job No. 98-189, SHEET 1, G:\Hubble\Magic.DWG 11-4-98, is Conditionally Approved subject to those conditions as set forth in the letter to the Mayor, Council, and Planning and Zoning, dated October 8, 1998, from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 15 General Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein. By action of the City Council at its regular meeting held on December 15, 1998. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 2 lv1ayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPART;vlENT ( 2 OS) 8 X-+ ...r:! 6-+ Council Members CITY OF MERIDIAN CHARLES ROUNTREE GLENN BENTI..EY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · FJX (208) 887-4813 PUBLIC \VORKS BUILDING DEPARTivlENT C!08) 8X7.2211 PLANNING AND ZONING DEPART:VIENT (208) 8X-+-)53:1 MEMORANDUM: October 8, 1998 To: Mayor, City Council and Planning & Zoning Bruce Freckleton, Assistant to Cit~?er ~ Shari Stiles, P&Z Administrator ~ Request for Annexation and Zoning to C-G of 5.40 Acres with a Preliminary Plat and Conditional Use Pernlit for a 24,560 s.f. Office Building, Equipment Yard and Garage by Hubble Engineering, Inc. Fronl: Re: We have reviewed this submittal and offer t~e following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the I\tIeridian City Council: ANNEXATION & ZONING 1. This application is for a parcel of land at the southwest corner of the intersection of E. Magic View Drive and S. Allen Street, west of the newly constructed Jackson's Food Store. 2. The legal description for the annexation needs to be a nletes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confornl to all the provisions of the City of Meridian Resolution No. 158. The new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 3. A development agreement is required as a condition of annexation. The applicant has submitted a proposed developnlent agreen1ent; legal counsel needs to review the dOCU01ent prior to approval by the City Council. All uses will be developed under the conditional use pernlit process as planned developo1ents. 4. Respond in writing, to the each of the COlnnlents contained in this n1emorandu111 by 5 :00 p.01. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Subnlit .ten copies of the revised Prelinlinary Plat Map to Mi.;vall~yBusUl~'i pp Planning & Zoning Commission/Mayor & Council October 8, 1998 Page 2 the City Clerk's Office a mInImum of one week prior to the hearing by the Meridian City Council. PRELOONARY PLAT I. Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerIines. 2. Water service to this site will be via extension of the existing main in Magic View Drive. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerIines of the roadways; the roads are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. 4. Although there is not a minimum frontage requirement for lots in the C-G zone, flag lots do require a minimum frontage of 30 feet. The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block I, to a minimum frontage of 30 feet. 5. Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 6. Add a note Showing that all lots in this subdivision are subject to the terms of a development agreement recorded as Instrument No. , records of Ada County, Idaho. 7. The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 8. Provide 5' wide sidewalks in accordance with City Ordinance Section Il-9-606.B. 9. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1 1-9-605 .M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written Mirlvall~yBusrn~~ pp Ding & Zoning COllllnission/rvfayor & Council J,...' "- "- f5>ber 8, 1998 ,~~ 3 } ,= I confirnlation of said approval subnlitted to the Public "Vorks Departnlent. No I variances have been requested for tiling of any ditches crossing this project. ?illy existing don1estic \\lells and/or septic systenls within this project will have to be renloved ffOOl their domestic service per City Ordinance Section 5-7-517. Wells nlay be used for non-domestic purposes such as landscape irrigation. i. Coordinate fire hydrant placement with the City of Meridian's Public "Vorks Department. 2. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 13. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system~ plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 14. Please indicate the existing land use and zoning of all adjacent properties. 15. Please show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. CONDITIONAL USE 1. 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 requirenlents. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-4l4.D.5 of the City of Meridian Zoning and Development Ordi?ance and in accordance with Americans with Disabilities Act (ADA) requIrements. 3. A drainage plan designed by a State of Idaho licensed architect or enoineer is . b reqUired and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all MirlvaU~yBll<;m~s pp ( ( Planning & Zoning COfnlnission/Mayor & Council October 8, 1998 Page 4 off-street parking areas. All site drainage shall be contained and disposed of on- site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414.D.3. 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 will be permitted. All signage will be subject to design reVIew. 6. All lots within this subdivision will require a conditional use permit in accordance with the Meridian Comprehensive Plan. 7. Provide five-foot-wide sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. 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. 10. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. Revise plant schedule to indicate 3" caliper rninimun1. II. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties' or the traveling public, as deterrilined by the Meridian Public Works Department. The Public Works Department is in the process of detem1ining detailed standards for lighting. 12. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. Midvallt:yBustness PP g Commission/Mayor & Council e details were subnlitted. Detailed signage plans nlust be included as ; application for review and approval. Conlmission and Council nlay prescribe appropriate conditions, bonds .ards in accordance with Ordinance Section 1 1-2-4 18. :. We understand We will address Mirlvall'0'Busmess PP :J c;r:\?q TOTAL P.03 por:: t:' cr~ JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288,2499 FAX (208) 288,2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653,0247 TEL (208) 466~9272 FAX (208) 466~4405 PLEASE REPLY TO MERIDIAN OFFICE January 5, 1999 RECEI\lED JAN - 5 1999 CITY OF MERIDIAN William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: MIDV ALLEY BUSINESS PARK SUBDIVISION PRELIMINARY PLAT Dear Will: Pursuant to City Council action of December 15, 1998, I have prepared the FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT in the application of Hubble Engineering, regarding Midvalley Business Park Subdivision. This document 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 should be retained by the City Clerk. Copies 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 sg\D:\MyFiles\Meridian City File\Findings2\Letter to Clerk on Orders in Hubble Engineering CUP and PP.wpd ( ;" {, ITEM NUMBER: 1 REQUEST: DECLARATION FOR A DRUG FREE IDAHO AGENCY COMMENTS CITY CLERK: SEE ATTACHED DECLARATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: IV {~ CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 11Iliereof., 11IliereaJ; 11IIiereoJ; 11Ilierct1.J; Wliereas, :Now, ( (j)ec[aration for a (j)rug-free Idalio Iaa/io is our /iome -- tfie peace wfiere we five aruf wor/taruf raise our families; aruf Iaafio is not immune to tfie 6Ciglit of tfrug a6use tfiat affEicts our entire nation) Ii a rmin-g fa. miCies) indiviaua{s) alter 6usilzesses; alta rrfie )2lssociatioll of Idalio Cit1:es, represen-tin-g tfie 201 cities in Iaalio} lias [aunc/iea a statewitfe campaign to eruf compCacencYJ ignorance} aruf apat/iy a60ut t/ie impacts of cfrug a6use; ana We uluferstantf tfiat winning tfie .figfitagainstarugs is onCy possi6[e as eacli sector of 0 ur society steps up to ao its palt. ana for us} as aau[ts} to' 6e. ro[e moaeCs; aruf -. - . p . - We !Uww tliat 10% of cU1Tentarugusersfiavejo6s aruf t/iat up to liaif of a[[ WOl1(frs' Compensation cCaims are reCatea tosu6starice a6use in tlie woriforce. , . . . - - .- . . ..' - - . . . . , ' - '. - ' , . - We aec{are wewi[[ ao {!'reryt/iingin ourpowerto ma6 Iaalio arug-free; ana . . . . - WewiLi asl(. 6usinesses in our citytoaaoptarug-jree1.vorR:pface poficies aruf wi[[ [eaa tlie way wit/iin our own city organization} suppolting fegis[ation to provitfe incenti'oes for 6usinesses w/iicfiaaopt c[rug.free worRp[ace poEicies; aruf We support CEnougfi is CEnougfi (99: :M.arcli for Iaalio6y organizing a[[ sectors of our community to 6e invofred; pro'vUfillofo[[ow-up) ana seeRjng new opportunities fOT~ c[rugfree acti'vities in our comm-unity. We affirm t/iat tlie Gatt[e against su6stance a6use and aadiction is a60ut our clii[eJren. We must liefp ~liem wa{ttcfrug-free tlirougli a tIrug-fi{[ed worfel ./lOoptctfJVOrJCI/lbCr 24 /g.9tf by dClt:llates to tlie CitIes Stlll/llttt. (i(e'!ffii7Jleatliir 15thddyif December I .IggJL . _.~ Ory if 5J{eJMMJt Robert D. Corrie - Mayor ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 15,1998 APPLICANT: EHM ENGINEERS ITEM NUMBER: 17 REQUEST: BUILDING PERMIT FOR GOLFVlEW NO.4 AGENCY COMMENTS SEE ATTACHED INFORMATION CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING OEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: NAMPA MERIDIAN IRRIGATION: fS if O~ dye/t v V ~r1 I. rrriJ~ ;y~\. [lJr~ (fl MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. J-'.C:: .';~.~ll: it ('if r~V-U ! ;...Il! h ': /'; ~ 'A \' . n.. J.....J j. I. I \.1... \..~ Engineers, Inc. I)ecember 9, 1998 IN THE FIELDS DF: f\4NNNi SlJ~G HGfNAYS WATER fElNAGE. STRUCruRAL SUBDVlOONS BRDGES ENv1llJNMENTAl Q1JAU1Y cn-J1ROL CONSTRo.:;nQN MGMT. ~NGIN~nb J bunvrvonb ) PLA~~mb Mayor Corrie and Meridian City Council Members City of Meridian 33 East Idaho Meridian) TO 83642 RE: Variance for Golfview NO.4 Building Pennit Dear Mayor and Council Members: This is a request to be placed on the December 15,) 998 City Council Meeting. The developer of Golf View Estates NO.4 Subdivision is requesting a building pennit on ( 1 ) one lot of this subdivision so that the builder can start construction. This is in an attempt to have this home in the parade of homes next spring. All conditions for obtaining a building pennit can be met accept for the installation of the 3/4" minus road base. Due to the freezing temperatures ACHD will not allow the placement ofthe 3/4" base. However, the pit run section has been installed. All construction is under contract and the Subdivision will be completed when the weather allows and before any occupancy permit is issued. Please advise me if it is possible to be placed on the December 15, 1998 City Council Meeting. Thank you for your time and consideration. RespecUuJ Jy, ~~_. Russ }'Iepworth RHM Engineers, Inc. 621 North College, Sute 1 CO · Twin Falls, Idaho 83301 · [208) 734-4888 . FAX 734-6049 Westside Office Building, 5th St. and 1 st Ave. · Ketchum, Idaho B3340 · (208) 726-3578 516 S. Capital Boulevard, Suite 201 · Bois8,Idaho 83702 · [208] 386-9170 DEe 09 '98 13:26 208 PAGE. 02 r..L (- EHM ENGINEERS, INC 516 S. Capit()/ Blvd, Suite 201 Boise, Idaho 8..~ 702 Phone: 208-386-9/70 Fax.. 208-386-9076 . DATE: December 9,1998 TO: Mayor Robert D. Corrie FAX #: (208) 887-4813 FROM: Russ Hepworth REGARDING: Golf View Estates No.4 2 PAGESWERESENT (INCLUDING THIS COVER PAGE) If all pages were not received please call 208-386-9170 COMMENTS: Original to follow: Mail _ Overnight _ Nol Sent _ DEe 09 '98 13:25 ?P,~ DOr::C fA1 ( ** TX CONFIR~. .IN REPORT ** ( AS OF DEe 09 )J~ 16:02 CITY OF MERIDIAN PAGE. 01 MODE MIN/SEC PGS CMD~ STATUS DATE TIME TO/FROM UF--S 00' 14" 001 186 OK ______ ----~---=~~:_=~~~~-~~~=~=-~~~~:_---------------------------------------------------- P.2 _ Engineers. ,"C. ~NblN~nb J hUmrv'mb j PLANNkQb IJecember 9>> 1998 "'" 'T11E FiELC5 OF f1JtfiNi S1J~ HIGMtAYS WATEA ~AQ; ~ 9A(,(K ~Al. QW.Uly~ co~MGMr. Mayor Corrie and Meridian City Council Members City of Meridian 33 East Idaho Meridian, TO 83642 RE; Variance for Golfview No.4 Building Permit Dear Mayor and Council Members: This is a request to be placed On the December I 5, I 998 City COUllcil Meeting. The dllveloper of Golf View Estates No.4 Subdivision is reque3ting a building pennit on (I) one lot of this subdivision so that the builder can start construction. This is in an attempt to have this home in the parade of homes next spring, All conditions for Obtaining a building pennit can be met accept for the installation of the 3/4" minus road base, Due to tbe freeling Iempcrotures ACHD will nol allow the placement of the 3/4" base. However, the pit run section has been installed. All construction is under contract and the Subdivisioll wi Il be completed when the weather allows and before any occupancy pennit is issued Please advise me if it is possible to be placed on the December IS, 1998 Cily Council Meeting. Thank you for 'your rime and. consideration. Respectful)y" ~~- Russ f.Cepwonh EHM Enginoers, Inc. Fax " Fa'K # 621 North CoDege. Sute 100 · Twin FaUs, Idaho 83301 ' 1208) 7344888 . FAX 734-6049 Westside Office Bui~ing, 5th St and 1st Aile. · ~.ldaho 83340 . 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Ja ,\.l oklV Gr .....~ ~ ( -- (- MERIDIAN CITY COUNCIL MEETING: DECEMBER 15, 1998 APPLICANT: SEABOARD (BRIAN MCCOY - PRESIDENT) ITEM NUMBER: 18 REQUEST: DISCUSSION OF AMENDMENT TO GOLFVlEW NO.5 NON DEVELOPMENT AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED INFORMATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: NAMPA MERIDIAN IRRIGATION: v/ ~t ' ~~V / Vy . '1l\? f/f~ f rrfJr I V "'v/ if/ I r~ Oil r !J; 't' / KY ~r MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ( ( ./l~(J~ Of'c (} 8 '%./) ~t:~oJt. /998 o~~o~ 1tr/) c.4t ~ To: Bob Corrie, Mayor City Council Gary Smith, Public Warks Shari Stiles, Planning and Zoning From: Bill Gigray, City Attorney Date: 12-4-98 Re: Request of Developer Golfview Associates, an Idaho Limited Partnership Requested Action: Council approval for an amendment to that certain provision in the Nondevelopment Agreement dated May 7th, 1996 by and between Golfview Associates, an Idaho Limited Partnership and the City to extend the termination date of the Agreement to December 31,2000. The basis for the request is set forth in the attached letter addressed to Mr . Wayne Crookston dated November 11, 1998. Required Process: The matter must come before the City Council for consideration and determination. Council should obtain input from the ~anning and Zoning Direg!Qr and Public Works Director as to the merits and advisability of the request. The record of this matter should be reviewed by the Staff to determine w-hether or not this is a material change in prior approval. If stat! determines that the request is a material change then the Council should continue the request and set the matter for public hearing. Possible Action: Continue the request for public hearing Deny the request Grant the request and authorized the Mayor to execute the appropriate addendum to the Contract. ( S lEA I8)OAJR\ 10 PO. Box 3510 · Ketchum. Idaho 83340 · (208) 726-1 133 · Fax: (208) 72041 13~ / ./ November 11, 1998 ~. Wayne Crookston City Attorney City of Meridian 330 East Idaho Meridian, ill 83642 RE: GOLFVIEW #5 NON-DEVELOP?vIENT AGREEillNT Dear Wayne: My frrm is developer of the last phase of GoLtVicw (#5), which phase is subject to a Non- Development Agreement entered into \Virh the City of Meridian dated May 7, 1996 (together with a Non-Development Agreement on phase 4 of Golfview). I have enclosed a copy of the phase 5 Non-Development Agreement for your convenience. With reference to our phone conversation last May! as a follow-up to my letter to you dated May 8, 1998, I am requesting an extension of the termination date in the phase 5 Non-Development Agreement from December 31, 1998 to December 31, 2000, and an extension of the final date for completion of said subdivision improvements Wltil December 31, 2001. Improvements to phase 4 are being installed this fall~ and weather permitting, final road paving should occur in December. We plan to start improvements to phase 5 as soon as most of the lots in phase 4 are sold, which hopefully ,,,,ill be in 2 years, or by December 0[2000, but it could be delayed until 2001. Accordingly, we would like to request a 2 year extension in the termination date of the phase 5 Non- Development Agreement. If you have any questions, please give me a calL Thank you. Sincerely, Brian M. McCoy President enclosure ( ( NONDEVELOPMENT AGREEMENT This A GREE:vlE NT , made and entered into this 7-1:!Jday of fYltlr.{ 1996, bv and ber\veen Golfview Associates, an Idaho Limited Partnership, whose vaddress is - 180 Telemark, Ketchum. Idaho 83340 hereinafter referred to as "DEVELOPER," and the CITY OF MERlDIA.J.'T, a municipality of the State of Idaho, acting by and through its Council lvfernbers~ hereinafter referred to as "CITY If . WITNESSETH : WHEREAS, DEVELOPER is currenily the Owner of all real property and subdivision lots contained in Ada County, Idaho recorded as Instrument No. records of Ada County ~ Idaho; and~ WHEREAS, DEVELOPER desires now to withhold developmem of street, utiliry and lot improvements and sale of Golfvie\v #5; Lots 7-14 Block 9 and Lots 4-16 Block: 10 in said Subdivision (hereafter "D ndeveloped Lots ") also described on attached Exhibit A: NOW, THEREFORE, in consideration of the mumal covenants and agreeme:J.ts contained herein! the parties of this agreement agree as follows: DE~vELOPER~ hereby agrees thar no improvements \vill be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, the:J. DE'lELOPER shall submit a written request to the CITY which shall contain a derailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable lerrer of credit, cash deposit~ or Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER, upon such stated improvements and detailed construction plans, if the DEVELOPER desires to sell lots prior to completion of the required improvements. Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to s~ll any of the above referenced 'lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credir or cash deposit Surety Agreement has been issued and delivered to the City, or until the required improvements of said Subdivision are completed in accordance wirh then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. DEVELOPER agrees to pay the recording costs. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County ( STATE OF IDAHO) g6~/f'~ ) 55. County of Ada- ) On this ~ day of r't'l A-'-(, 19~, before me, the undersigned, a Notary Public in and for said County and State, personally appeared 6~1 AN W\c.c.~ known to me to be the Pres:thJ- of ~ea.-b()~~~ ~ rcd)d\, \ q~ ~ (b-'r\-~8f~o\fvi~ ~the partnership thar executed the foregoing gram easement, and acknowledged to me thar he execured the same for and on behalf of said parmerhip, having lawful authority so to do. IN WITNESS WHEREOF, I have hereunto ser my hand and affixed my official seal, the day and year in this certifica[e first above' written. \ . ." t" '"," .. . ~ ... , . "" · ... .. ,.... 4 i'. ~~~~v N Public fo daho Residing at: ~ ~ My Commission Ex :1 . . . . '. ......l : ~: I") '/_ . .., . . . v . ..' j .\)_ ~. " : , , ) v::.. , .-, . '. ("S~At7 I ; '..... j ~ - '. . .... - I :.: ;"\. I STATE OF IDAHO) ) 55. County of Ada ) On this ~,t'1ay of ~, 199~, before me, the undersigned, a Notary Public in and for said Stare, personally aGl:>eared Robert D. Corrie and William G. Berg, Jr. known to me to be the ivIayor and City clerk of the City of Meridian that executed this instrument and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my official seal, the day and year in this certificate frrst above written. "tl""r", .......~.., \\' C L 'I, ,,\ \ C l- . Q ".? ,....' ~~ ....4 ~o.ro~ "1', " ~ \ .""C'" , tf' ~... ,,' '),' - -;, c..P-:' ~ -:; "',).. 0 \ ;11( L. :. : :; \ r ~ -: : ~ : : , .. ...IJ ... ~.~:~ U L1 \ \ C, : * : - " - \.. . .... '":.. '~::~i11 .I.: ..... Y.'4. "',11 ~- .. ~ ...... ;; , .4" ~. ~.~,~ ...,...,"" " · I;: 0 c. .,,~... - " ~/;,,'" r \\1 \\\\' '"","&,,\ o Public for Idaho Resi lllg at: l7? "r" ~ Commission Expires: () f' Ie: 2 / C;q I / (SEAL) (r'- ( Recorder of Ada County an appropriate release and it is agreed DEVELOPER shall pay the recording cost. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the sums of the unde'veloped lots in said Subdivision \vill be as though plats thereof had not bee:! filed. This Agreement is not intended and does not affect CITY requirements hererofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this ..\greemenr. This agreement shall terminate on the 31st day of December 1998; When this agreement terminates. Developer shall have one year to camp iete development: if development is not completed on the 31st day of December ~ 1999, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the propert)' shall require additional approval; if the developer does not complete developmenr on or before the above dare, City shall record a statement that approval of the plat for the subdivision is null and void and that approval for the "undeveloped lots:r ponion of the subdivision has been voided and DEVLOPER shall pay the cost of recording. This Agreement shall be murual to the benefit of, and be binding upon, the heirs~ executors, administrators, assistants and successors of the respecrive parries. IN WITNESS WHEREOF, the DEVELOPER has executed this Agreement at Meridian, Idaho, the 7~ day of l!J!!..!f 1996. " DEVELOPER '- ~ \ \\\\\IIf'''lI//l, \\\\ C l~C ", ,,\\ I Or ''Jti--:'/~'11 1/// ", ,.('\ ~~.. /// ::j" c}~~"J"V /\~ ~TT T ; -.;: Q.? '.1' ~= ',f /. - fJJ~ n = ""':..;..i.~_l 1'1 ~ . . ~~ . I pi-... -;.~. f~'Y,.' ~ WIllIam G. Berg, Jr. --- vQ ....:j / 0 ::: - ~ r-A ....... U::;r "lC,\ · ,/ ..o~ ~ Ciry Clerk "" v """"---' · OJ ____ t::-... ... "- ""..../ '4 ------ ~-1 ' ".... /,,/ ' COU t-:-.J '\"" .."..... /11 1'-,. i \. \ \ .. 'I/{ \\\\ IllUrl1 nr\\\. -- - --- - - - - -c~~-~.,- - - - - -'- - -- -- - - -.. _. .~ . ... o 0 r~., ~i .. "...~... .. 4", 4 ....... ; .:~~~ . ...... ~PR-24-1996 ~7:19 EHr1 &iG j I'.~EERS I NC 208 734 6049 P.08 EXHIBIT A prop ef ty located' itl the S',v -1-. S'!c: 3. T.3 N.. rt.1 '.'I.. 8"ise \.Aeriliiol1. Ado COUrl ty. Id-:lho. :laid pmpo:rty being mere spe- cHir.::aU)' describ eo as foHtJw5: Beginning at a found brQ~3 C:I;l mQnumenting the ~outhwe::t '~orner .of said Section 3; thence alone; the Southerly line of :wid SectioJ"l .3 South 891"'51- East. 2645.0.3 ieet t'J.o found br::Jss coo motlumeniing the South 1/4 corner of ~Clic Sedio(1.3: Thence continuing alone; said SCIHherly Hr.e Nortl1 8914'51- We:r... 137:3.0S feet to a found steel pin; lhlmce alcne; the \Y'.!steny boundary of MG<llf View Estates N.~. 3" as reco(Ced ;;'l book 64. of plats at pages 6453 and 6~54 Ado' County Recorder~ Office. N~rth 00'45'09H East. 45.00 fe'!t t:l <1 set brass COl) monument. being the INITIAL POINT. Thence continuing oloi1g westerly -boundary of said -Golf View Estct~~ No. 3 Subdivision ~ South 00.45'09" West. 4-5.00 (etl{; Thence leaving the Westerly boundary of said "Golf View Estates No. .3 Subdi....ision... North 891 A.'51" Wqst. 248.28 feet along the Southerly section line: . Thence leaving said Se,=tion iin e North 00-45'06'" East, 965.91 feet: Thence North 51.47131" East. 12.8.j feet: Thence North '~.20" 9'": EasL 1.35.17 feet; Th~ce North 12-30'00" E:o:l, 50.00 feet: Thence North 05-oS.00jf East. 0324.10 ful: Th~ce South a9'8~0.3'" East. 198.jO f~~t: !hence South 89'9' 47H East. 76. iO feet. to the northwest <::::mer of Lot 15. alock 5 of -Golf View E:ltotes No. 2 SUbdivi:Sion: As recorded in book 60. of plat:s oL pages 5991 ond5992 Ada COUtl ty Recorder's Office. Th en c e of on9 th ewes ter! y b au n d ary oi said - Golt IJj 11 w Es t c t e s No. 2 Sub di'lision, H tile follow iog course~ and ci$ ton c es; South 00.41"57'" West, 357.28 fEl~t: Sou th 01.,j6~' 9" West, 156.88 fe~t: SO:.Jth 55.1 1"21 ~ Ease. '11.46 feet; Thence South 38"25'55" East. 96.03 feet. to tr. t! ~QU th .;omef of ',at 3. Ble-=!< 7 of -Golf View Estates .No. 2 Subdivision: said poin l also bp.ing on lh!! westerl:t bQundcry of scio "Golf Vie.,., Estates No. .3 Subdivision."' ThCl1c: oloJ"lg the wesl"fl)' boundary af -Golf View Estates No. J Subdivision," the follo.....jnq courses on<l 1istanc~s: South 19-57"0" West. 67.65 feet; Sou th 15'36134. 'Ne~t.. 11 L.3.3 feet; Sou lh 09.09',7'" West, 110.88 feet: South 03-,5'54" West, 114.04 feet: Sou th 41fS3'27jf Wes t. 1 19..1.3 feet: North 89-'4'5'''' West, 44.46 feet: South QO.47f55~ East. '10.04 feet; North 89"'51" West, 64.55 feet; The!nce South 00.45.09" West 189.37 feet to the JNITlAL POIN T. .... . ... -..... 'IIIC'. '\..... ~. - {;~~ " .: tr:1(-},~ /;:-:' . 0/UJ/S1~ '0 . ~: ~..-~ . . 1/ .t:/';.; ~ (!::),'.;-~/.:-) '. " ':: .!~ ::~~1p ~ y 96051808 i~ D:" ::. C:. r::: l~ 0 R D E R . .... t \ J · r- ~ 4 \ i '. ,., R ,"\ , ..;. U f"' , \ ",. ~.. J-\ Of A. r , V BOISE \0 '9~~ PI'! ~~~~;.. :;; MERIDIAN CITY COUNCIL MEETING: DECEMBER 15, 1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 19 A-1 REQUEST: GARY SMITH - LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION DISTRICT COMMENTS SEE ATTACHED AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COU NTY 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. {fL/ ~(O ( ( LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of , 1998, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the frrst part, hereinafter referred to as the IIDistrict", and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho party or parties of the second part, hereinafter referred to as the "Licensee", W I I N ES.s. E I Ii: WHEREAS, the Licensee is the owner of the sewer line easements particularly described in the legal descriptions attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as EVANS DRAIN (hereinafter sometimes referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easements therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS,' it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants~ agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof LICENSE AGREEMENT - 1 ( 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bul)' the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interested) shall be constructed, installe<L operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that [mal acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perfonn the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREE1\1ENT - 2 (~~-- 8. Neither the terms of this agreement~ the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or~ at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indenmification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. LICENSE AGREEMENT - 3 ( 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. third party. TIlls agreement is not intended for the benefit of any third party and is not enforceable by any 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with~ all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMP A & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - 4 ( THE CITY OF MERlDIAN By ATTEST: ST A IE OF IDAHO ) ) 58: County of Canyon ) On this _ day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the President and Secretary, respectively, ofNAMP A & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate frrst above written. NotaI}' Public for Idaho Residing at Nampa, Idaho My Commission Expires: STATE OF ) )ss. ) County of On this _ day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared and ., known to me to be the President and Secretary, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and aclmowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate frrst above written. NotaI}' Public for Residing at My Commission Expires: LICENSE AGREEMENT - 5 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECf: 515109 DATE: APRIL 18, 1996 RE: EVANS DRAIN Easement No. 20 PERMANENT SEWER LINE EASEMENT LOCATED IN THE SOUTIIEAST QUARTER OF SECTION 8 T. 3 N., R 1 E., H.M. ADA COUNTY, IDAHO A parcel of land located in the Southeast Quarter of Section 8, T. 3 N., R. 1 E., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of Section 8, T. 3 N., R 1 E., B.M., Ada County, Idaho; thence along the Easterly boundary of said Southeast Quarter of Section 8, North 1027'05" East 1098.46 feet to a point on the Southerly right-of-way line of the Union Pacific Railroad; thence along said Southerly right-of-way line North 88030'37" West 1614.57 feet to a point, said point being the REAL POINT OF BEGINNING; thence continuing along said Southerly right-of-way line, North 88030'37" West 20.00 feet to a point; thence leaving said Southerly right-of-way line, South 1 034' 16" West 55.00 feet to a point; thence South 88030'37" East 20.00 feet to a point; thence North 1 034' 16" East 55.00 feet to the point of beginning. SUBJECf TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors DGP Don G. Payne, RL.S. Exhibit A, page ~ Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 515109 DATE: APRIL 18, 1996 RE: EVANS DRAIN Easement No. 21 TlThfPORARY SEWER LINE EASElvIENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8 T. 3 N., R 1 E., B.M. ADA COUN1Y, IDAHO A parcel of land located in the Southeast Quarter of Section 8, T. 3 N., R 1 E., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of Section 8, T. 3 N., R 1 E., B.M., Ada County, Idaho; thence along the Easterly boundary of said Southeast Quarter of Section 8, North 1027'05" East 1098.46 feet to a point on the Southerly right-o~-way line of the Union Pacific Railroad; thence along said Southerly right-of-way line North 88030'37" West 1634.57 feet to a point, said point being the REAL POINT OF BEGINNING; thence continuing along said Southerly right-of-way line, North 88030'37" West 50.00 feet to a point; thence leaving said Southerly right-of-way line, South 1034' 16" West 55.00 feet to a point; thence South 88030'37" East 50.00 feet to a point; thence North 1034'16n East 55.00 feet to the point of beginning. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land Prepared by: Pacific Land Surveyors DGP Don G. Payne, RL.S. Exhibit A, page 2 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ( ( :i~~'~ - -~""'=II'I'"'~~ z~~ --~ ~ .- - ~ .- - c ; : - ; c :,... ::"-.f ; ":; !:: ~ - -'" .... -+ Exhibit Bf page 1 i I I n,~ , I~ i~~, I i I I I i / i ! i I J j I i i ! i I i i I I i I i , . ! "'---l " j . i i I i t I J Io-~ Z: ~r .> I LLjt U1~ <{- LWr ~b ~~ IJ E-c --a~ t-~ tJJ~ ~ w.v.J ,..... >'< 0 ~ :>I~ ~ g l o. ~ N: LJ I I I :~ lOa) I ~ ; ! ...,,,,,/ ........... avOll m~va eN JaUJo:) UO!l:J.WS WO.J.::! 9t -SSQ ~ 3 . <;O.Ll. LO N Q < o e:: ...J :;: ~ u t;: U -< c... z o Z ::> ,..... U"> ~ to ,..... c.{') ~~ ro") to = T-r-..... r- r-? '"0 Z ,...., w to L OJ w z (/)0 ~C\l Z t- . )ooooof zO < Wz Ct: Z ~ <(~ LZ 00 ffi~ z Q..~ < > ~ ~ WUJ 0< w w ~~ r--.. 0(0 otof) 0 00 0"- ot" -~ N t()~ NCO 10:- (J) U) ~ . _.~ I i , r I I i ~ 1 i ~ I f ~ I , r.J I f ~ I ~ w r---~-'7""'=-';' I ~ I i ~ ~ I z I . j E j I i j j I ! f ~ I i ~ _ --JIL, 'Jr DNlYV38 JO S/SP'8 ~'- J I " I I r .i I J I j { I i! ~o w i: 3: . -,..... 0<0 8~ 01"') oT- -v 00 LOf"") .~ dr> It)~ If)f"") IL)CO 10:- ex) (I) Exhibit B, page 2 (/) (/) o o N o o o o N ~ w W lL.. Z W .....J <C U (f) ,,-, 9U!l uon:J~ I i i i 1 1 I i I I / / / ~ I j f /~ LL o ~~o w::::ltj zO::o::: :J~ zz~ ow<-=> ~(,)<( ()l-W wO . UlZZ I- Z w 2 w (f) <( W I- Z W Z <( ~ ~ Z ~ r ~ I I ~ I I I I I I I I I I I I I I I I u ~ ~ I- Z W ~ W (f) <( w >- a:: <: 0:: o a... L w t- I f I I ~ I ~ [~ ~< ~o I~ i .<<.........~ I ~ Zj ~:3 I ~I ~ t:t: I ~r.. ~ ,..... N ~ .. - ~r.o ~ o mo N -- _ =--L_ .w<{ o a :z ->- (f) 0::: ~ t- :- :s z 20 Wn(~' ~ W en <( w w z :J CXJl'- ..... I i ! ! ~ i ~ I I ~ I i ffi z '3: ~J I W / <(/)~ ~ /" "" V '~ r I I I ! I I I i I I I I i J t I j \ I I j i I -<! ~o -<C co zZ o<{ f--O Ua::: Ww (f)L u c c 0: . ~ , < ( EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to cross under the Evans Drain with a sewer line west of the intersection of Eagle Road and the Union Pacific Railroad, and northwest of the intersection of Eagle Road and Franklin Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of two sheets: sheet 1 of 15 entitled: "Cover Sheet, Ronald W. Vanauker, Inc., bearing engineers stamp dated March 24, 1998, and sheet 6 of 15 entitled "Sewer Plan and Profile, Ronald W. Vanauker, Inc.," bearing engineers stamp dated September 15, 1998. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. c. Licensee shall not excavate, place any structures nor plant any trees, shrubs, or landscaping within the District's easement areas except as referred to in this agreement or exhibits hereto without the prior written consent of the District. d. centerline. The District's easement for this portion of the Evans Drain is 60 feet, 30 feet on either side of e. Construction shall be completed no later than December 31, 1999. Time is of the essence. LICENSE AGREE:MENT - 6 MERIDIAN CITY COUNCIL MEETING: DECEMBER 15, 1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 19 A-2 REQUEST: GARY SMITH - DECLARE EMERGENCY - DRilliNG OF WELL NO. 18 COMMENTS NO INFORMATION SUBMITTED AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. )/ T&V 0Jf~ RECEIVED DEe 1 5 1998 CITY OF MERIDIAN Memo To: MAYOR & COUNCI From: Gary D. Smith, PE 01 ~. CC: file cfV1'~ Date: 12/15/98 U Re: Request for Emergency Dedaration - Well No.18 Construction Please accept this memorandum as a request for a Dedaration of an Emergency for the drilling of Well No.18 along with construction of the required pump and pumphouse facillty. I have been made aware of low pressure problems in the residential areas east of Locust Grove Road, north and south of Fairview Ave. This request is made in accordance with Idaho state Statute Title 50-341 "Competitive Bidding", paragraph "L n that allows for the dedaration in part "...... ,or if it is necessary to do emergency work to safeguard life, health or property,...". The safeguard here is fire protection. City Well No.18 will be located in the Summerfield Subdivision area, near the northeast comer of the Ustick and Locust Grove Road intersection. The well lot is owned by the City of Meridian, has been approved by DEQ for a well site and underground power and a pad mounted transfonner has been installed on the lot. The property adjacent to the well lot is a small neighborhood parK area. Well No.18 will be located in our boosted pressure area and will be paired with existing City Well No.16 which is located west of the Blue Cross building. Well No.16 is basically a sole source to this boosted pressure area. This past summer this well was running at maximum speed and we need another source to produce water if Well No.16 pump or motor failed for some reason. The pending construction of the Family ute Center and the ongoing expansion of the St. Luke's Hospital requires the addition of fire flow and domestic water. The following is a proposed schedule of activities that can occur if the Dedaration is made: From the desk of... Drilling otWell: start immediately and compfete by mid-January. Gary D. Smith, PE Meridian City Engineer Meridian Public Wades ~nt 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax: (208) 887-1297 . Page 1 ( Estimated cost to drill = $110,600.00 Design of Pump and Pumphouse: start immediately and complete by mid- January. Estimated cost to design = $17,800.00 Construct Pump and Pumphouse: start February1 and complete by May 1. Estimated cost to construct = $140.000.00 Total Estimated Cost to drill and construct pumphouse and connect = $268.000.00 I appreciate your indulgence in this matter. I feel this dedaration will save two to three months of time in getting the well constructed and on-line. I would propose to use Riverside, Inc., well drillers from Panna to drill the well. They have constructed Well No.15, NOe 17 and No.19. On Well No. 17 and No.19, they were the only bidder. Inninger Construction has built the pumphouse for Well No.17 and No.19 and I would most likely negotiate with this company for this project as welL I stand to answer any questions you may have. Thanks for your consideration of this request. Regards, Gary Smith . Page 2 ( MERIDIAN CITY COUNCIL MEETING: DECEMBER 151 1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 19 A-3 REQUEST: GARY SMffH - REQUEST TO RETAIN ZGAARCHITECTS FOR SCHEMATIC DRAWING FOR MUNICIPAL CENTER AGENCY COMMENTS CITY CLERK: NO INFORMATION SUBMITTED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: NAMPA MERIDIAN IRRIGA liON: vl\~l~ OV~ i \J \ dJrf1 r ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Architects and Planners, Chartered Thomas M. Zabala, AlA R.. Alan Giltzo\v, AlA Arthur M.. Albanese, AlA Paul D.. Marcolina, AlA 8 IVlembers American Institute of Architects 815 Park Boulevard, Suite 350 Boise, Idaho 83712-7737 (208) 345-8872 Fax (208) 343-7162 e-mail: zga@zga.com Established 1973 (/' ( 11 December 1998 ~ RECEIVED OEe 1 1 1998 Citv of Meridian City C.lerk Office Mayor Robert D. Corrie Members of City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Municipal Center Schematic Design Proposal Dear Mayor Corrie and Council Members, It was a pleasure meeting with all OfYOll on the 9th at the strategic planning sessIon. We are pleased to offer you a proposal for services to continue working towards a new Meridian Mumcipal Center. As per the Project Development Schedule discuss{,(t. at the meeting, we propose to work through the site selectl.on and Schematic Design activities on an hourly basis, giving the City of Meridian the option to evaluate each step of the process and to stop, proceed or change direction as the Council deems appropriate at any given time. For the specific activities contained in the Project Development Schedule, we would propose to proceed as follows: Site Selection/Site Proe:rammine: Assist the City in establishing site criteria, requirements and attributes necessary in order to determine appropriate site locations and to evaluate possible alternatives. Attend public review sessions, assist in providing and organizing project information. As the scope of work may vary from site to site and the number of sites to be evaluated is a variable, we propose that ZOA provide these services on an hourly basis, as needed, working closely with the City of Meridian representatives and monitoring ongoing costs on a weekly basis. Schematic Desie:n Program Val;dat;onIRev;ew Review and validate current conditions and requirements with previous program findings documented in the Program and space needs analysis, adding information from Mr. Tom Kuntz, the new Parks and Recreation Director. Work with the City in establishing ( c- Mayor Robert D.. Corrie Members of City Council 11 December 1998 Page 2 updated criteria, documenting changing conditions, etc. for development of interior space layouts and arrangements. We propose that ZGA provide these services on an hourly basis, as needed, but not to exceed $1,900..00.. Preliminary Budget A nalysis/Reconciliation Review preliminary overall project budget with local contractor input and reconcile with project scope and requirements.. Make recommendations as necessary, and work with the City in making any initial adjustments or changes in project scope. We propose that ZGA provide these services on an hourly basis, as needed, not to exceed $2,200.00.. Interior Space Planning Generate spatial diagrams and floor plans, based upon an approved Program Validation/Review, which depict functional a1jacencies, circulation, departmental layouts, and suppo~ spaces V\o~.aich would be housed within the proposed building sht:G. We propose that ZOA provide these services on an hourly basis, as needed, not to exceed $13,500.00*.. Building Shell Design Generate building plans and exterior elevations. Develop conc~pts for structural, mechanical and electrical systems. Establish site design.. Generate preliminary specifications which set forth materials and finishes. We propose a fee of$19,500.00*. *See Schematic Design example left with the Council on 12/9/98. We sincerely appreciate your continued confidence In ZOA and are anxious to proceed with the Project Development. Sincerely, ZGA Arc .. ects and Planners, Chartered ~ cc: ( AGREEMENT BETWEEN CLIENT AND ARCHITECTS FOR PROFESSIONAL SERVICES ZOA Project No.9856.00 THIS AGREEMENT entered into this Fifteenth day of December 19~, between The City of Meridian (the CLIENT) and ZGA ARCHITECTS AND PLANNERS, Chartered, and Idaho Corporation of Boise. Idaho (the ARCHITECTS).. WITNESSETH: WHEREAS, the CLIENT intends to retain the services of ZGA Architects and Planners. Chartered to preoare a site analysis and Schematic Design for the City of Meridian as described in the attached ProDosal Request dated 12 December 1998 . hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and the ARCHITECTS in consideration of their mutual covenants herein agree in respect to the performance of professional architectural services by the ARCHITECTS and the payment for those services by the CLIENT, as set forth below.. CLIENT INFORMATION: The CLIENT will furnish to the ARCHITECTS full information ree:arding requirements for the Proiect including objectives. constraints and criteria including space requirements and relationships. flexibility. exoandabilitv.. etc.. SERVICES TO BE PERFORMED BY THE ARCHITECTS The ARCHITECTS will orovide site analysis and Schematic Design Documents as described in the referenced Prooosal and exhibited in Sample Schematic Document issued to Council on 12/9/98.. SCHEDULE OF SERVICES TO BE PERFORMED The ARCHITECTS will perform said services as follows: Services shall be perfonned per the Proiect Development Schedule. Services are anticipated to bee:in on or before 1 January 1999. See attached Project Development Schedule.. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will pay the ARCHITECTS for t~leir services and expenses as follows: An hourly basis per attached Proposal.. by Activity. File Folder "fitle Meridian Municipal Center - Schematic Design Remarks IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CLIENT: ARCHITECTS: City of Meridian Name 33 East Idaho Street Meridian City ZGA Architects and Planners, Chartered 815 Park Boulevard, Suite 350 Boise, Idab Idaho State 83642 Zip Signat...re Robert D. Corrie Mayor Title Signature William G. Berg, Jr.. City Clerk Title THE FOLLOWING TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT (- \ ( ZGA ARCHITECTS AND PLANNERS, CHARTERED TERMS AND CONDITIONS GENERAL The ARCHITECTS intend to render their services under this Agreement in accordance with generally accepted professional practices for the intended use of the PROJECT and make no other WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT guarantees full and free access for the ARCHITECTS to enter upon all property required for the performance of the ARCHITECTS' services under this Agreement. The ARCHITECTS shall not be responsible for acts of omissions of any party or parties involved in the services covered by this Agreement other than their own or for the failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by the ARCHITECTS. Neither party shall hold the other responsible for damages or delay in perfonnance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other or the other's employees or agents. The ARCHITECTS have not been retained or compensated to provide design and construction review services related to any Construction Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Construction Contractor to perfonn his work but not related to the final or completed Project; omitted services include but are not limited to design or review of shoring, scaffolding, underpinning, temporary retainment of excavations, temporary bracing, and any other construction methods. Any opinion of the estimated construction cost prepared by the ARCHITECTS represents their judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the ARCHITECTS have no control over the cost of labor and material, or over competitive bidding or market conditions, the ARCHITECTS do not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. In soils investigation work and in detennining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. The ARCHITECTS will coordinate this work in accordance with generally accepted architectural practices and make no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advise furnished by others. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and the ARCHITECTS and supersedes all prior negotiations, representations or agreements, either written or oraL This Agreement may be amended only by written instrument signed by both the CLIENT and the ARCHTECTS. DELEGATION OF DUTIES Neither the CLIENT nor ARCHTECTS may delegate, assi!:l, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. TIME OR TIMES OF PAYMENT The CLIENT will make payment to the ARCHITECTS within 30 days after receipt of a bill from the ARCHITECTS on account of their services and expenses. If the CLIENT fails to make any payment due the ARCHITECTS on account of their services within said 30 days after receipt of the ARCHITECTS' bill therefore, the amounts due the' ARCHITECTS shall bear interest at the maximum legal rate from said 30th day, and in addition; the ARCHITECTS may suspend services under this Agreement until they have been paid in full all amounts due them on account of their services and expenses. LIMIT OF LIABILITY To the maximum extent pennitted by law, the CLIENT agrees to limit the ARCHITECTS' liability for the CLIENT'S damages to the sum of $50,000.00 or the ARCHITECTS' fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. TERMINA TION This Agreement may be tenninated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the tenns hereof through no fault of the tenninating party. If this Agreement is tenninated oy either party, the ARCHITECTS will be paid for services rendered to the date of such tennination. AUTHORIZATION TO PROCEED Approval of this Agreement by the CLIENT and the ARCHITECTS will serve as written authorization for the ARCHITECTS to proceed with the services called for in the Agreement. 1"1 I I I 9 m1 Ii l~ I I I I ~ Q~~ ~~ ~5 ~eEe!~ I j~; i~ iiiiii ~ I!~ ;~ I~~~~! ill ~!i I~ ;! 111 ~2~ ~I i: I I. I II I I I g I I I I l ~I! ~g~ll. 111II !~I li~ II I IiI I~ I~ h i ~ , " .; ;;- c' ~i:~uil~i ~~~l~;~~ ~Un~~~ I !id~! i ~I ~II i !' ~ - I ! ~ g i u;d~ ; ~.~ !IHml1 I > / a:: ~ i~ ~ CJ ~ 8 I ~ U. ~~ ::2-<" ~ Ii; ~ ~ ~.I I I ~.; ~. I -~ t I I~ I~~.. "'; Ii:" I-:~ c _ '~ .i- I I~ il : ~ I I ~~::l. I I ~ r -, .... ~ -P-t:1 ~~~ ;~tIj .- n ::g ~ e~~~ I~~ I~~ -8 ~.~ iO~ 2 ~-Gf:) !rU ~ I F.,~ i Qtn !~ ~S ~ ~ I () ~ ~ :r m IU o ~ I J>. - m () ~ ~ I I ~~ ~~ . II . ,-- . ~ 5 - ~ m ~ :t ,- - f-- . ~I at .~. .1- ;r. tij I ~ ~ I i r--.> C) 8 ; ~ ~ I ~ ~ l...- i .... iO I I~ ~~- -- ~ t ~ ~I ~ n i e: .".. ~ (1) a fij p.') ",- E. ~ ~ ,\. g ~ ,f .,.CIJ &1 ~ ~ a 111111 I I III ...." ": ~ ~ Architects and Planners. Chartered Thomas IVI.. Zabala, AlA R.. Alan Giltzow, AIA Arthur M. Albanese, AlA Paul D.. Marcolina, AlA Members American Institute of Architects 815 Park Boulevard, Suite 350 Boise, Idaho 83712..7737 (208) 345-8872 Fax (208) 343..7162 e-mail: zga@zga.com Established 1973 ( ( \ 11 December 1998 RECEIVED DEe 11 1998 City of' !:ieridian City Clerk Office Mayor Robert D.. Corrie Members of City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Municipal Center Schematic Design Proposal Dear Mayor Corrie and Council Members, It was a pleasure meeting with all of you on the 9th at the strategic planning seSSIon. We are pleased to offer you a proposal for services to continue working towards a new Meridian Municipal Center. As per the Project Development Schedule discussed at the meeting, we pI C pose to work through the site selection and Schematic Design activities on an hourly basis, giving the City of Meridian the option to evaluate each step of the process and to stop, proceed or change direction as the Council deems appropriate at any given time. For the specific activities contained in the Project Development Schedule, we would propose to proceed as follows: Site Selection/Site Proeramminl! Assist the City in establishing site criteria, requirements and attributes necessary in order to determine appropriate site locations and to evaluate possible alternatives. Attend public revi~w sessions, assist in providing and organizing project information. As the scope of work may vary from site to site and the number of sites to be evaluated is a variable, we propose that ZGA provide these services on an hourly basis, as needed, working closely with the City of Meridian representatives and monitoring ongoing costs on a weekly basis. Schematic DesieD Program ValidationIReview Review and validate current conditions and requirements with previous program findings documented in the Program and space needs analysis, adding information from Mr. Tom Kuntz, the new Parks and Recreation Director. Work with the City in establishing (~-- (-- Mayor Robert 0.. Corrie Members of City Council 11 December 1998 Page 2 updated criteria, documenting changing conditions, etc. for development of interior space layouts and arrangements. We propose that ZGA provide these services on an hourly basis, as needed, but not to exceed $1,900.00. Preliminary Budget Analysis/Reconciliation Review preliminary overall project budget with local contractor input and reconcile with project scope and requirements. Make recommendations as necessary, and work with the City in making any initial adjustments or changes in project scope.. We propose that ZGA provide these services on an houriy basis, as needed, not to exceed $2,200..00. Interior Space Planning Generate spatial diagrams and floor plans, based upon an approved Progrc'1'1 ValidationlReview, which depict functional adjacencies, circulation, departmental layouts, and support spaces which would be housed within the proposed building shell. We propose that ZGA provide these sentices on an hourly basis, as needed, not to exceed $13,500..00*.. Building Shell Design Generate building plans and exterior elevations. Develop concepts for structural, mechanical and electrical systems. Establish site design. Generate preliminary specifications which set forth materials and finishes. We propose a fee of $19,500.00*. *See Schematic Design example left with the Council on 12/9/98.. We sincerely appreciate your continued confidence In ZGA and are anxious to proceed with the Project Development. Sincerely, ZGA Arc .tects and Planners, Chartered au! D. Marco na, AlA PDM:ss cc: File/Div. A r ( AGREEMENT BETWEEN CLIENT AND ARCHITECTS FOR PROFESSIONAL SERVICES ( ZGA Project No..9856.00 THIS AGREEMENT entered into this Fifteenth day of December 19~, between The City of Meridian (the CLIENT) and ZGA ARCHITECTS AND PLANNERS, Chartered, and Idaho Corporation of Boise. Idaho (the ARCHITECTS). WITNESSETH: WHEREAS, the CLIENT intends to retain the services of ZGA Architects and Planners, Chartered to preDare a site analysis and Schematic Design for the City of Meridian as described in the attached Proposal Request dated 12 December 1998 . hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and the ARCHITECTS in consideration of their mutual covenants herein agree in respect to the performance of professional architectural services by the ARCHITECTS and the payment for those services by the CLIENT, as set forth below. CLIENT INFORMATION: The CLIENT will furnish to the ARCHITECTS full information regarding requirements for the Proiect including obiectives. constraints and cJiteria including space requirements and relationships. flexibility. expandability. etc. SERVICES TO BE PERFORMED BY THE ARCHITECTS The ARCHITECTS will provide site analysis and Schematic Desi!!l1 Documents as described in the referenced Proposal and exhibited in Sample Schematic Document issued to Council on 12/9/98. SCHEDULE OF SERVICES TO BE PERFORMED The ARCHITECTS will perform said services as follows: Services shall be Derformed per the Proiect Development Schedule. Services are anticipated to bee:in on or before 1 January 1999.. See attached Project Develooment Schedule. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will pay the ARCHITECTS for the~r services and expenses as follows: An hourly basis per attached Proposal. by Activity.. File Folder Title Meridian Municipal Center - Schematic Design Remarks IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CLIENT: ARCHITECTS: City of Meridian Name 33 East Idaho Street Meridian City ZGA Architects and Planners, Chartered 815 Park Boulevard, Suite 350 Boise, Idaho 83 Idaho State 83642 Zip By S ignatur(: Robert D. Corrie Mavor Title Signature William G.. Berg, Jr. City Clerk Title THE FOLLOWING TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT (- ( ZGA ARCHITECTS AND PLANNERS, CHARTERED TERMS AND CONDITIONS GENERAL The ARCHITECTS intend to render their services under this Agreement in accordance with generally accepted professional practices for the intended use of the PROJECT and make no other WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT guarantees full and free access for the ARCHITECTS to enter upon all property required for the perfonnance of the ARCHITECTS' services under this Agreement. The ARCHITECTS shall not be responsible for acts of omissions of any party or parties involved in the services covered by this Agreement other than their own or for the failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by the ARCHITECTS. Neither party shan hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other or the other's employees or agents. The ARCHITECTS have not been retained or compensated to provide design and construction review services related to any Construction Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Construction Contractor to perform his work but not related to the final or completed Project; omitted services include but are not limited to design or review of shoring, scaffolding, underpinning, temporary retainment of excavations, temporary bracing, and any other construction methods. Any opinion of the estimated construction cost prepared by the ARCHITECTS represents their judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the ARCHITECTS have no control over the cost of labor and material, or over competitive bidding or market conditions, the ARCHITECTS do not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. In soils investigation work and in determining subsurface conditiong for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals.. The ARCHITECTS will coordinate this work in accordance with generally accepted architectural practices and make no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advise furnished by others. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and the ARCHITECTS and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and the ARCHTECTS. DELEGATION OF J)~JTIES Neit1'1\ '1 the CLIENT nor ARCHTECTS may delegate, assign, sublet or transfer his duties or intere~! in this Agi~ement without the written consent L { ~he other party. TIME OR TIMES OF PAYMENT The CLIENT will make payment to the ARCHITECTS within 30 days after receipt of a bill from the ARCHITECTS on account of their services and expenses. If the CLIENT fails to make any payment due the ARCHITECTS on account of their services within said 30 days after receipt of the ARCHITECTS' ~il1 therefore, the amounts due the ARCHITECTS shall bear interest at the maximum legal rate from said 30th day, and in addition, the ARCHITECTS may suspend services under this Agreement until they have been paid in full all amounts due them on account of their services and expenses. LIMIT OF LIABILITY To the maximum extent permitted by law, the CLIENT agrees to limit the ARCHITECTS' liability for the CLIENT'S damages to the sum of $50,000.00 or the ARCHITECTS' fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. TERMINA TION This Agreement may be tenninated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the tenns hereof through no fault cfthe terminating party. If this Agreement is tenninated by either party, the ARCHITECTS will be paid for services rendered to the date of such tennination.. AUTHORIZA TION TO PROCEED Approval of this Agreement by the CLIENT and the ARCHITECTS will serve as written authorization for the ARCHITECTS to proceed with the services called for in the Agreement.. I 11111111111 II I" 11] Ig!llllnlllllllllll 111~1-"~11I 11111 11111 1 ~ I II I I III I I I I I -.I.- 11\., 1 J : ~ I I I III I .... 2 I ~~ M I IIIII I I I II ul _ I I' , I, I: I _t ] ~ T I I I I I I I I' ! 0..~.>. I ~ ~ rr I I I ::ll' - 12 1 II ~ ~ . ~'_II ~_ ~ ~ .... ~-~ 1 Jim .:- I I I I 2 ~ ~ -- _ I ~~~ _ _ III II _~__~_ I I I i'-Cd 1 ~-l ~ I, I - III -I~ III I III ~ ~. E3 ~ I I II I I. ,_ 1 1+ I III I II ~ ~ ~ U I, III .J 1111- IT II I i8 ~ ~ ~ ~ ~ II _ ~ I II_I : ~ cd ~ III L "--~-~ ~~~- IIII ~ I ~~ g ~ - - I - - I 1 ~ ~ mji i I ~~ I' II ~ (l.) ~ 1 ill I-+-;5 =s : 1il I ~ IIII III1 I II 'I I -- I =1 I I I I I I I I L- I 11 I, ~ I ! I 11111 i I !: "., II!' -: I ~ I /~' I( ! ~ ~; jl !~ '. ~I] i R .C ~ ~I, ~ ~ I ~ \ ! Ie ~ g ~ i ~ 01 ~ : ~ . ~ I .' I ... 1"; . ~ ! i ~ ~ ~il ~ I ! ~! I II U ~I~ II ~ ; hili hh,!I',I,ilt 11!lalalalililllil~1 I 0111111 1~1 I I L I lall~I!I~I~IU I IIII~ il~ jj 5 5 I lilliI' r '1111 M I Tjl 1- I I __I I '" '......1 1.1. I L........ 1....J I 1-,U 'II '1e;;r\..=> ~~l:k:S4,j' (lb2 P . 01/05 ~ Architects and Planners, Chartered 815 Park Blvd. - Suite 350 Boise 1d 83712 (208) 345Mo8872 Fax (208) 343-7162 FACSIMILE COVER SHEET DAlE: 12/11/98 TO: Meridian City Hall Attn: Angel FAX: 884-4259 FROM: Paul Marcolina PROJECT NAME: Meridian Municipal Cent. SUBJECT: Proposal for Services Number of pages including cover sheet: 5 If the total number ofpages are not received, please advise us as soon as possible. Hard Copy WiD ~ Will Not 0 Follow JOB NO. 9856 Message: Angel, Here is the Proposal and an Agreement Fonn for inclusion into the Councilmens packages for Tuesaday. I will deliver a hard copy of all after the noon hour today. : Gary Smith 887-1297 File 9856 12/11/98 11 :22 AM c:\projects\proj-#\fiJename..doc DEe 11 '98 11:49 ~1'A~""j'A""j'''''A:'--' '-'-'Ill f11 "'-'I I J. 1 L:.'-' I ~ r LMI'tl'tCr:;,~ ~~~~437162 P.02/05 ~: ~~1;' 11 December 1998 AI'c:ldt~u :uhl PI;lIInt!r.ti, Chartered Thomas M" Z..b.lJa, AlA R. 1\ l:-an Gilt zow, AlA Arlhur IvI" Alb~u)csc, AlA Paul D. Mal"colina, A J A Mayor Robert D. Corrie Members of City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Municipal Center Schematic Design Proposal Dear Mayor Corrie and Council Members, It was a pleasure meeting with all of you on the 9th at the strategic planning session. We are pleased to offer you a proposal for services to continue working towards a new Meridian Municipal Center. As per the Project Development Schedule discussed at the meetingt we propose to work through the site selection and Schematic Design activities on an hourly basis, giving the City of Meridian the option to evaluate each step of the process and to stop, proceed or change direction as the COWlcil deems appropriate at any given time. For the specific activities contained in the Project Development Schedule, we would propose to proceed as follows: 8 Site Selection/Site Proerammine Members Assist the City in establishing site criteria, requirements and attributes necessary in order to determine appropriate site locations and to evaluate possible alternatives. Attend public review sessions, assist in providing and organizing project information.. As the soope of work may vary from site to site and the number of sites to be evaluated is a variablet we propose that ZOA provide these services on an hourly basis, as needed, working closely with the City of Meridian representatives and monitoring ongoing costs on a weekly basis. A Ine...c:ll) I rl~titu h: of Arclti 1 cds 815 1~1r), Duuh:'Vurd, Suite 350 Boise, Id:.lho H3712-7737 (20H) 34S..SH72 F~x(208)343-7162 c.mait; l~C1~{)zga.com Schematic Desil!D Program ValidationIReview Established 19'3 Review and validate current conditions and requirements with previous program findings documented in the Program and space needs analysis, adding information from Mr. Tom Kuntz, the new Parks and Recreation Director. Work with the City in establishing DEe 11 '98 11:50 f_ . ... f"~ - ... ~ I ........ -... .... ~ ~ ,..,..~~~............_..._- ~ DEe 11 '98 11:50 L..Url nf'.\...n J. I t:.\.... I ~ ,....LHI'INc.t(~ 2083437162 P.03/05 Mayor Robert D. Corrie Members of City Council 11 December 1998 Page 2 updated criteria, documenting changing conditions, etc. for development of interior space layouts and arrangements. We propose that ZGA provide these services on an hourly basis, as needed, but not to exceed $1,900.00. Preliminary Budget Analysis/Reconciliation Review preliminary overall project budget with local contractor input and reconcile with project scope and requirements. Make recommendations as necessary, and work with the City in making any initial adjustments or changes in project scope. We propose that ZOA provide these services on an hourly basis, as needed, not to exceed $2,200.00. Interior Space Planning Generate spatial diagrams and floor plans, based upon an. approved Program ValidationIReview, which depict functional adjacencies, circulation, departmental layouts, and support spaces which would be housed within the proposed building shell. We propose that ZOA provide these services on an. hourly basis, as needed, not to exceed $13,500~OO*. Building Sllell Design Generate building plans and exterior elevations. Develop concepts for structural, mechanical and electrical systems. Establish site design. Generate preliminary specifications which set forth materials and finishes. We propose a fee of$19,500.00.. *See Schematic Design example left with the Council on 12/9/98. We sincerely appreciate your continued confidence in ZGA and are anxious to proceed with the Project Development.. Sincerely, ZOA Arc · ects and Planners, Chartered cc: ~~ . .. ~. t ... '" ~. .. C-~t1 ru ''-'I '.L I ~\." I ~ rLHI'iI'iC,",=> 2083437162 P.04/05 AG{ :MENT BETWEEN CLIENT AND ARCH( ~CTS FOR PROFESSIONAL SERVICES ZOA Project No.9856"OO THIS AGREEMENT entered into this Fifteenth day of December 19~ between The City of Meridian (the CLIENT) and ZOA ARCHITECTS AND PLANNERS, Chartered, and Idaho Corporation of Boise. Idaho (the ARCHITECTS). WITNESSETH: WHEREAS, the CLIENT intends to retain the services of ZGA Architects and Planners. Chartered to prepare a site analysis and Schematic D' the Ci of Men i escribed in the 0 osal Re uest dated 12 D ember 1998 hereinafter referred to as the PROJECT; NOW, TIiEREFORE, the CLIENT and the ARCHITECTS in consideration of their mutual covenants herein agree in respect to the performance of professional architectural services by the ARCHITECTS and the payment for those services by the CLlENT, as set forth below. CLIENT fNFORMATJON: The CLIENT will furnish to the ARCHITECTS full infonnation re~ardin~ requirements for the Proiect including ob'ectives cons ' 'teria includin s irements and relationshi x. .. andabili etc. SERVICES TO BE PERFORMED BY THE ARCHITECTS The ARCHITECTS will ~mvide site anal~is and Schematic D:iii Documents as described in the referenced PronosaJ and exhibited in Samole Schematic Document issued to Council 0 12/9/98. SCHEDULE OF SERVICES TO BE PERFORMED The ARCHITECTS will pc:rfonn said services as follows: Services shan be Derformed per the Proiect Development Services are antici at · r before 1 Janu 1999_ See o' e e elo ment Schedule. BASIS OF FEE AND BILLfNG SCHEDULE The CLIENT will pay the ARCHITECTS for their services and expenses as follows: An hourlv basis per attached ProDosaL bv Activitv. File Folder Title Meridian Municioal Center... Schematic Desifm Remarks IN WITNESS WHEREOF, the panies have executed this Agreement as of the day and year first above written. CLIENT: ARCHITECTS: City of Meridian Name 33 East Idaho Street Meridian City Idaho State ZGA Architects and Planners, Chartered 81 S Park Boulevard.. Suite 350 Boise, Idaho 83 83642 Zip By Signatw"c Roben 0.. Corrie Mavor Title Signature WiJliam G. Berg, Jr. City Clerk Ti tie THE FOLLOWING TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT ~ DEe 11 '98 11:50 --., 'II ..._. I ~ I L....... I..J I ....", "II "I~f'\.~ ~~ti.,j4,j' (152 P.05/05 -~ / ( A ARCHITECTS AND PLANNERS, CHARTE. ..J TERMS AND CONDITIONS GENERAL The ARCHITECTS intend to render thcir services under this Agreement in accordance with gent!rally accepted profeSSional practices for the intended use of the PROJECT and make no other WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT guanmlcCS full and free access for the ARCHITECTS to enter upon all property required for the performance of the ARCHITECTS' services under this Agreement The ARCHITECTS shall not be responsible for acts ofomiss.ions afany party or parties involved in the services covered by this Agreement other than their own or for the failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by the ARCHITECTS.. Neither party shall hold the other responsible for damages or delay in pcrfonnance caused by acts of God, strikes, loclcouts, accidents or other events beyond the control of the other or the other" s employees or agents. The ARCHITECTS have not been retained or compensated to provide design and construction review services related to any Construction Contractor's safcty precautions or to means. mcthods, techniques, sequences. or procedures required for the Construction Contractor to perfonn his work but no1 related to the final or completed Project; omitted services include but are not limited to design or review of shoring, scaffOlding. underpinning, temporary retAinment of excavations., temponuy bracing. and any other construction methods. Any opinion of the estimated construction cost prepared by the ARCHITECfS represents thcir judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the ARCHITECTS have no control over the cost of labor and material, or ovcr competitive bidding or market conditions, the ARCHITECTS do not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. In soils investigation work and in detennining subsurface conditions for the PROJECT, the characteristics may vary greatly between successive test points and sample intervals. The ARCHITECTS will coordinate this work: in accordance with generally accepted architectural practices and make no other WARRANTIES EXPRESSED OR IMf>LIED, or as to the prOfessional advise furnished by others. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLlENT and the ARCHITECTS and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be llll\endcd only by written instrument signed by both the CLIENT and the ARCHTECTS~ DELEGATION OF DUTIES Neittll~r the CLIENT nor ARCHTECTS may delegate, assign, sublet or transfer his duties or interest in this Agieement without the written consent vi the other pany~ TIME OR TIMES OF PAYMENT Thc CLIENT will make payment to the ARCHITECTS within 30 days after receipt ofa bill from the ARCHITECTS on account of their services and expenses. If the CLIENT filils to make any payment due the ARCHITECTS On account of their sCIViccs within said 30 days after receipt of the ARCHITECTS' bill therefore. the amounts due the ARCHITECTS shall bear interest at the maximum legal rate from said 301h day, and in addition, thc ARCHITECTS may suspend sclVices under this Agreement unlil they have been paid in full all amounts due them on aCOount of their services and expenses~ LIMIT OF LIABILITY To the maximum extent pennitted by law, the CLIENT agrees to limit the ARCHITECTS' liability for the CLIENT'S damages to the sum of $50,000.00 or the ARCHITECTS' fee. whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. TERMINA TION This Agreement may be tenninated by either party upon seven days written notice in the event of substantial failure by the other party to perfonn in accordlU'lce with the tcons hereof through no fault of the tenninating party. If this Agreement is lCnninatc:d by either party, the ARCHITECTS will be paid for services rendered to the date of such tenninatioD. AUTHORIZATION TO PROCEED ApprOVal of this Agreement by the CLIENT and the ARCHITECTS will setve as written authorization for the ARCHITECTS to proceed with the services called for in the Agreement.. ~ DEe 11 '98 11:51 2083437162 TOTAL P.05 PAGEa0S interoffice MEMORANDUM W\ 1\- -+A-WD. . Co~ +0 ~~L IZ&4. To: Mayor Robert D.. Come, City Council cc: Shari Stiles, Planning and Zoning Administrator) 6 . Gary Smith, Public Works C ~!l: Paul D. Marcolina, AlA of ZGA Architects and ~ty- ers, 1- - From: Wm.. F. Gigray, III Subject: NEW CITY HALL Date: December 15, 1998 Mayor Corrie and Councilmen: In order to have adequate time to plan and to insure there is an understanding of the opinion of the City Attorney relative to the issues related to financial arrangements for the above referenced project I provide the following infom1ation: A central concern, and limitation, is the fact that the City cannot incur a debt or liability beyond one year. The Constitution of the State of Idaho provides at Anicle VIII ~ 3 in its relevant pans: "No county, city, ..., shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it for such year, \vithout the ascent of two thirds (2/3) of the qualified electors thereof voting at an election... Any indebtedness or liability incurred contrary to this provision shall be void: Provided, that this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state......." I have litigated this issue in the Idaho Coun of Appeals in the case entitled Idaho Branch, Inc. v. Nampa Hwy. Dist. No.1 123 Idaho 237, 846 P.2d 239 (Ct. App. 1 993). Page 2 December 15, 1 998 Cities have used the Judicial Confirmation process to obtain a coun order that an expenditure was an ordinary and necessary e.-xpense. This was done in Nampa on the Recreation Center, and in Caldwell for the replacement of the irrigation system at Purple Sage Golf Course.. I have inquired of the Ada County Prosecutor's office on their plans to finance a new court house. I have spoken with Ted Argyle who advised of their plans. Those plans include the fact that the County has already purchased the site. The purchase of the site was the subject of a legal challenge. The County won in District Court in a decision issued by Judge Granta. He found that it was not a debt or liability beyond one year and was within the County's authority. The case was not appealed.. It should be noted that the County has a statute I.. C. 9 3 I-I 00 1 which provides in part: "...And, provided further, that no part of the provisions of this section shall be construed to prevent the board of county commissioners from entering into a lease for courthouse premises, rooms and jail for any period in their discretion, not to exceed thirty (30) years, and provided that the county commissioners may contract with responsible parties for the leasing of a courthouse, jail and hospital, or a combination of ~ourthouse, jail and hospital, or fairground buildings and facilities, to be constructed upon premises owned by the county or otherwise, provided that said contract shall be let subject to the provisions of chapter 40 of this title; the contract also may provide that at the expiration of the term of the lease, upon full performance of such lease by the county, the said courthouse premises, rooms and jail, fairground buildings and facilities, or so much thereof as is leased, may become the property of the county..." There is no similar provisions for cities. I would note that Chapter I 0 of Title 31, where the above referenced statute appears, also provides for joint sites and buildings contracts between cities and couD.ties. I..e. 99 31-1005-1008. There is still a concern for counties even considering the above referenced statute which is that the County's action cannot violate the constitutional provision. The problem with lease purchases is that the courts have interpreted them to be a debt and/or liability because of the government investment that usually is the source and consideration of the lease purchase. What Ada County has dcne is to send out requests for proposals for a design builder to build a counhouse project upon the County's ground with the requirement that the lease agreement provide for a one year lease term "subject to Page 3 December 15, 1998 appropriations" provision, with renewal terms. I have attached to this memo a copy of the provision.. The County intends to structure the lease as a lease payment that will provide a reasonable rental amount which vvill provide for the payout of the building, and upon final payment the building vvill be transferred to the County. The County sent out 62 proposals froIn which the County received 12 proposals. I have also been advised that the County is now subject to another lawsuit over this matter.. An additional problell1, is that, the entities that respond to these requests for proposals usually request an opinion from the City's attorney of the legality of the agreement. I talce the position that I represent the City and not the developer.. An attorney incurs considerable liability rendering an opinion that an agreement is legally enforceable when the State Constitution provisions provide that agreements which are in violation are void.. Options: I. The City could plan for a straight long teml lease arrangen1ent subject to appropriation but there are concerns here if any investment of the City is required to enter into such lease arrangen1ent and there is concern if the City ends up , with the ownership of the City Hall; or 2.. Seek a judicial confimlation of a lease purchase which will require notice and public hearing before the City Council with a subsequent petition filed in District Coun seel<.ing a judicial order that it is an ordinary and necessary expense. There is concern here that the Court vvould not find this an ordinary and necessary expense; or 3. Seel< a bond election for the approval of the financing.. I do not recommend this step be tal<en before step no.. 2. A negative vote could influence the decision on item no. 2.. I recommend that a conlnlittee be formed to revie\v the financial aspect of this endeavor so that planning is done and completed when the building concept is determined.. DEt":' 11 . ':10 <.J':-+; .5 iFf') HDi-1. f~vS l.- i 'y iL ~..2. ....-... ~ III. TERM A. Term. The term of this Lease shall be October 31, 1990, to September 30, 1991. B. Renewal. Lessee may! solely at its option, and when and if it duly budgets and appropriates funds therefor from revenues legally available to it for the ensuing fiscal year, renew this Lease for additional annual renewal terms. Each annual renewal of this Lease shall be deemed to be exercised by Lessee upon the adoption, by September 15 of any year, of a budget for the ensuing f1scal year, duly budgeting and appropriating the amount of money requ; red to make the Lease payment and a 11 other payments payable by Lessee under the Lease. Within ten (IO) days following the adoption of a budget duly budgeting and appropriating said funds for the ensuing year, Lessee shall deliver to Lessor a written statement of Lessee certifying that it has duly budgeted and appropriated said funds for the ensuing year! which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the Board adopting said budget and appropriating said funds. The due appropriation of funds as aforesaid shall constitute a valid and enforceab 1 e ob 1 i gat1 on of lessee for the payment of su'ch funds for the purposes prov i ded here; n , and sha 11 not be subj ect to abatement for any cause. Each renewal term shall commence on October 1 of the fiscal year following adoption of the budget as provided hereinabove and shall terminate on September 30 of the following calendar year. c. Number of Renewal Terms. Subject to the preceding sections, thi s Lease may be renewed for a tota 1 of not more than four (4) consecutive ~ GROUND LEASE AGREEMENT - PAGE 2 OF 24 interoffice MEMORANDUM RECEIVED DEe 1 5 1998 CITY OF MERIDIAN To: Mayor Robert D. Come, City Council ~' '\ tu CC: Shari Stiles, Planning and Zoning Administrator '...!Q)L -~ (,!!/tj~l\ Gary Smith, Public Works (. IV Paul D.. Marcolina, ALA of ZGA Architects and ers, Charted From: Wm. F.. Gigray, III Subject: NEW CITY HALL Date: December 15, 1998 Mayor Corrie and Councilnlen: In order to have adequate time to plan and to insure there is an understanding of the opinion of the City Attorney relative to the issues related ta financial arrangements for the above referenced project I provide the following information: A central concern, and limitation, is the fact that the City cannot incur a debt or liability beyond one year. The Constitution of the State of Idaho provides at Article VIII ~ 3 in its relevant pans: "No county, city, ..., shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided far it for such year, vvithout the ascent of two thirds (2/3) of the qualified electors thereof voting at an election... Any indebtedness or liability incurred contrary to this provision shall be void: Provided, that this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state......." I have litigated this issue in the Idaho Coun of Appeals in the case entitled Idaho Branch, Inc. v. Nampa Hwy. Dist. No.1 123 Idaho 237, 846 P.2d 239 (Ct. App. 1993). ( Page 2 December 15, I 998 Cities have used the Judicial Confirmation process to obtain a coun order that an e."qJenditure was an ordinary and necessary expense. This was done in Nampa on the Recreation Center, and in Caldwell for the replacement of the irrigation system at Purple Sage Golf Course. I have inquired of the Ada County Prosecutor's office on their plans to finance a new coun house. I have spoken with Ted Argyle who advised of their plans. Those plans include the fact that the County has already purchased the site. The purchase of the site was the subject of a legal challenge. The County won in District Court in a decision issued by Judge Granta. He found that it was not a debt or liability beyond one year and was within the County's authority. The case was not appealed. It should be noted that the County has a statute I.C. ~ 31-1001 which provides in part: "...And, provided further, that no part of the provisions of this section shall be construed to prevent the board of county commissioners from entering into a lease for courthouse premises, rooms and jail for any period in their discretion, not to exceed thirty (30) years, and provided that the county commissioners may contract with responsible parties for the leasing of a counhouse, jail and hospital, or a combination of ~ounhouse, jail and hospital, or fairground buildings and facilities, to be constructed upon premises owned by the county or otherwise, provided that said contract shall be let subject to the provisions of chapter 40 of this title; the contract also may provide that at the expiration of the term of the lease, upon full performance of such lease by the county, the said courthouse premises, rooms and jail, fairground buildings and facilities, or so much thereof as is leased, may become the propeny of the county..." There is no similar provisions for cities.. I would note that Chapter 1 0 of Title 31, where the above referenced statute appears, also provides for joint sites and buildings contracts between cities and CouDties.. I..e.. SS 31-1005-1008.. There is still a concern for counties even considering the above referenced statute which is that the County's action cannot violate the constitutional provision. The problem with lease purchases is that the couns have interpreted them to be a debt and/or liability because of the government investment that usually is the source and consideration of the lease purchase. What Ada County has done is '_0 send out requests for proposals for a design builder to build a courthouse project upon the County's ground \vith the requirement that the lease agreement provide for a one year lease term "subject to ( ( Page 3 December 15, 1 998 appropriations" provision, with renewal terms. I have attached to this memo a copy of the provision. The County intends to structure the lease as a lease payment that will provide a reasonable rental amount which \viII provide for the payout of the building, and upon final payment the building \viII be transferred to the County. The County sent out 62 proposals from which the County received 12 proposals. I have also been advised that the County is now subject to another lawsuit over this matter~ An additional probleln, is that, the entities that respond to these requests for proposals usually request an opinion from the City's attorney of the legality of the agreement. I tal<e the position that I represent the City and not the developer.. An attorney incurs considerable liability rendering an opinion that an agreement is legally enforceable vvhen the State Constitution provisions provide that agreements vvhich are in violation are void~ Options: 1. The City could plan for a straight long term lease arrangenlent subject to' appropriation but there are concerns here if any investment of the City is required to enter into such lease arrangenlent and there is concern if the City ends up , with the ownership of the City Hall; or 2.. Seel< a judicial confirnlation of a lease purchase which "viII require notice and public hearing before the City Council witll a subsequent petition filed in District Coun seeking a judicial order that it is an ordinal)' and necessary expense~ There is concern here that the Coun yvould not find this an ordinary and necessary expense; or 3.. Seek a bond election for the approval of the financing.. I do not recommend this step be tal(en before step no.. 2. A negative vote could influence the decision on item no.. 2. I recommend that a comn1ittee be fanned to review the financial aspect of this endeavor so that planning is done and completed when the building concept is determined.. DEI":' 11 "::70 i14; .:3 iF-f'} ,..;Dt-t )~~US I.-I'v lL ( P..2. .--... III. TERM A. Term. The term of thi s Lease SMa 1,1 be October 31 t 1990, to September 30, 1991. B. Renewal. lessee may, solely at its option, and when and if it duly budgets and appropriates funds therefor from revenues legally available to it for the ensuing fiscal year, renew this Lease for additional annual renewal terms. Each annual renewal of this Lease shall be deemed to ,-.... be exercised by Lessee upon the adoption, by September 15 of any yeart of a budget for the en.suing fiscal year, duly budgeting and appropriating thE! amount of money requ; red to make the Lease payment and a 11 other payments payable by Lessee under the Lease. Within ten (lO) days following the adoption of a budget duly budgeting and appropriating said funds for the ensuing year, Lessee shall deliver to Lessor a written statement of Lessee ........... certifying that it has duly budgeted and appropriated said funds for the ensuing year, which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the Board adopting said budget and appropriating said funds. The due appropriation of funds as aforesaid shall constitute a valid and enforceab 1 e ob 1 i gati on of Lessee for the payment of such funds for the purposes provided herein, and shall not be subject to abatement for any cause. Each renewa 1 term sha 11 commence on October 1 of the fi sea 1 year following adoption of the budget as provided hereinabove and shall terminate on September 30 of the following calendar year. c. Number of Renewa 1 Terms. Subject to the precedi ng secti ens, thi s Lease tl1ay be renewed for a tota 1 of not more than four \ 4) consecutive GROUND LEASE AGREEMENT - PAGE 2 OF 24 I To: Janice Smith, Treasurer cc. Mayor City Clerk Council From: Bill Gigray, City Attorney Re: Resolution for Investments of the Ity of eridian Response to your office memo dated 12-14-98 Date: 12-15-98 RECEIVED DEe 1 5 1998 CITY OF MERIDIAN I have reviewed your memo above referenced. I have also reviewed the Idaho Law and I am of the opinion that the City should consider a resolution that would include the following provisions. Please note this recommendation is based upon what I opine are the restrictions and requirements ofI.C. S S 50-1013 and 50-1013A. Note I.C. S 50-1013A concerns investments of funds of deferred compensation plans only. A resolution of the City Council of the City of Meridian establishing and appointing an Investment Committee and directing and empowering the City Treasurer to invest idle funds of the City of Meridian in accordance with I.C. SS 50-1013 and 50-1013A as the case may be. Whereas it is the intention of the City Council to provide for a process by which the investment of City Funds is accomplished in a manner that maximizes a return and is in accordance with the requirements ofI.C. SS 50- 1013 and 50-1013A~ and Whereas it is found by the City Council that its intentions can be facilitated by the exercise of its authority under I. C. S 50- 21 0 by the establishment and appointment of an Investment Committee to advise the City Treasurer~ and Whereas it is found by the City Council that the Mayor, Council President, City Clerk and City Treasurer are the appropriate elected officials and City officers to serve on the committee~ and Whereas it is found that amount and number of investment decisions that will need to be made in order to be efficient and timely will require that the Treasurer be directed and empowered by this resolution to make reasonable investments upon the advise and consent of the Investment MERIDIAN CITY COUNCIL MEETING: DECEMBER 15, 1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 19 A-4 REQUEST: GARY SMITH - AWARD OF CONTRACT I WATER DEPT. PARKING GARAGE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS NO INFORMATION SUBMITTED V -fJ\J tf/fP ( interoffice MEMORANDUM to: Gary Smith, PE CC: John Shawcroft, File from: Brad R. Watson, PE fi j[) re: Water Dept. Parking Garage/Award of Contract @ 12/15 C/C Meeting date: December 10, 1998 As you know, the Water Department Parking Garage was formally put out for bid last spring and no bids were submitted. I put together informal "quote" documents and received two proposals 11/10/98. Cleary Building Corp. also submitted a less expensive proposal for an alternative design. Ellsworth-Kincaid Corporation: Cleary B-uilding Corporation, as specifie-d: alternate: $51,852.00 $47,482-.00 $38,840.00 Cleary's alternate_ proposal deleted all 5/8" plywood sheathing and roofing felt and changed the roof metal from 26 ga. to 29 ga. After much discussion and pre-submittals from Cleary, a proposal for changing the plywood to 1/2 fI and the roof metal to 29 ga. was requested by the City. Cleary's proposal for this alternative is $41,756.00. Cleary Building Corp. has a current and appropriate Public Works Contractors License and is available to begin immediately. from the desk ot... Brad- R. Watson, P .E. Asst. City Engineer City of Meridian 200 E. Carlton, Ste. 100 Meridian, Idaho 83642 c:\msoffice\templates\letters & faxes\mem02.dot (208) 887-2211 Fax: (208) 887-1297 MERIDIAN CITY COUNCIL MEETING: DECEMBER 15,1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 198-1 REQUEST: JOHN SHAWCROFT - BID RESULTS FOR GOVERNMENT UTILITIES BILLING SYSTEM AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS NO INFORMATION SUBMITTED ~f/ ~Jt ~r {cu~ RESOLUTION NO. 206 RESOLUTION FOR INVESTMENTS OF THE CITY OF MERIDIAN BY: ~nei!n7an ~/~d/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN ESTABLISHING AND APpr ~ING AN INVESTMENT COMMITTEE AND DIRECTING AND EMP/ ." THE CITY TREASURER TO INVEST IDLE FUNDS OF THE CTn- \l IN ACCORDANCE WITH I..C. ~s 50-1013 AND 50-1013" 11'\ OOVv~'E. ~ .U\V- V . City Council to provide for a process by ,,,,,0' /;l fh ',plished in a manner that maxilnizes a ~ V v \J r j' (;j -J l)" IV! '~ofI.C.ss50-1013and50-1013A;and \ I t/ J ~1t [JC V. rel by the appoil1tl1 '-hat its intentions can be facilitated ,210 by the establishment and .e City Treasurer; and WHb City ClerIc anl serve on the COl. ...-u.ncil that the Mayor, Council President, ~propriate elected officials and City officers to WHEREAS) und that the amount and l1umber of investment decisions that will need to be InadL In order to be efficient al1d timely require that the Treasurer be directed al1d empowered by this resolution to n1alce reasonable investments upon the advise and consent of the Investment Committee; and WHEREAS, it is found that it is in the best interests of the City to direct and empower the City Treasurer to establish an aCcoul1t with Buffington, Mohr, McNeal Registered Investment Advisor in accordance with their proposal to the City dated the 22nd day of June, 1998, to assist and effect this investment directive subject to all investments being in accordance with I.C. SS 50-1013 and 50-1013A as is appropriate. RESOLUTION FOR INVESTMENTS OF THE CITY OF MERIDIAN - 1 NOW, THEREFORE, BASED UPON THE ABOVE AND FORGOING IT IS HEREBY RESOLVED AND THIS DOES RESOLVE THAT: 1. There is hereby established a11 Investment Committee which cOlumittee shall have the duty to advise the City Treasurer on the investment of idle funds of the City in accordance with the restrictions 011 the type of investments and the manner in accordance with I.C. SS 50-1013 and 50-1013A as is appropriate; and 2. The Investment Committee shall consist at all times of the currently serving Mayor and Council President and the currently serving City Clerk and Treasurer and the same are hereby appointed by virtue of the elected office or officer position they hold; and 3. The City Treasurer is hereby directed and empowered by this resolution to invest such idle funds of the City as are approved by a majority of the Investment Committee subject to the condition that specific investment transaction/s shall include the City Treasurer's signature and the signature of one other COffilnittee member; and 4. The City Treasurer is hereby specifically authorized directed and empowered to establish an investment account with Buffington, Mohr, McNeal Registered Investment Advisors in accordance with their proposal as submitted to the City Council ~ntitIed "Investment Strategy for funds held by City of Meridian dated June. 22, ~ 998, and to sign all necessary documents together with the City CIerI, to carry out this directive and empowerment. 'pASSED BY~E CIT):' COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1st!::- day of. eern-!J.<A, , 199$. APPRO~D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I~ day of ./)ece~f- , 199B. a r Rob~~,Dt'1fG9rrle \.,\\.... "~ 4111 , '\\,\ -J Of ;~c~~ ON"..... ~II:I ....,....' ~ ~ ~~--.. , , 'I.t.,~ "1 )'~/ " C}. ~011-A"~} ~~ f .'.rP ~~^~ ~ ::: ~ v ~ - ~ :: = msg\D:\MyFiles\Meridian City File\Resoultions\City Invest~nt.w i?&.. ,I:;> [ ,.. L ~4} .b... "q;' ~o S::J ...... ~"O -o~r 181 ' ~~ $ ~ ~ ~ ~ RESOLUTION FOR ~"'/"... OAf h .q-v ~ ,,~' , I;, '"'UN l \. \\' INVESTMENTS OF THE CITY OF MERlDIAN - ~/IIIIlIH t1\t\'\\" SEAL ( ( CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby cenify: 1. That I aITI t11e duly appointed and elected ClerIc of the City of Meridian, a duly incorporated City operating under the lavvs of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City ClerIc of this City,_ I am the eu tadian of i~s records and minutes and do hereby certify that on the f S-f!; day of €e.{!m be r , 199 _, t11e following action has been taken and allthorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN ESTABLISHING AND APPOINTING AN INVESTMENT COMMITTEE AND DIRECTING AND EMPOWERING THE CITY TREASURER TO INVEST IDLE FUNDS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH I.C. 9950-1013 AND 50-1013AAS THE CASE NlAY BE.. WHEREAS, it is the intention of the City Council to provide for a process by which the investnlent of City Funds is acconlplished in a lllanner that maxi11uzes a retllrn and is in accordance with the requirements of I.. C. ss 50-1013 and 50-10 13A; and WHEREAS, it is fOtlnd by the City Council that its intentions can be facilitated by the exercise of its authority under I.C.. S 50-210 by the establishment and appointment of an Investment Committee to advise the City Treasurer; and WHEREAS, it is found by the City Council that the iYlayor, Council President, City ClerIc and City Treasurer are the appropriate elected officials and City officers to serve on the committee; and WHEREAS, it is found that the an10unt and nLlmber of investment decisions that will need to be n1ade in order to be efficient and tilnely require that the Treasurer be directed and elnpowered by this resolution to ill a Ice reasollable investlnents Up011 t11e advise and consent of the Invest111ent C0111il1ittee; a11d CERTIFIC.A. TE OF CLERK OF THE CITY OF MERlDIAN c. ( WHEREAS, it is found that it is in the best interests of the City to direct and en1povver the City Treasurer to establish an account with Buffington, NIohr, McNeal Registered Investn1ent Advisor in accordance vvith their proposal to the City dated the 22nd day of June, 1998, to assist and effect this investment directive subject to all invest111ents being in accordance witl1 I.C. s~ 50-1013 and 50-1013A as is appropriate. NOW, THEREFORE, BASED UPON THE ABOVE AND FORGOING IT IS HEREBY RESOLVED AND THIS DOES RESOLVE THAT: 1. There is hereby established an Investment Committee which committee shall have the duty to advise the City Treasurer on the investment of idle funds of the City in accordance with the restrictions on the type of investments and the manner in accordance with I.C-. 99 50-1013 and SO-lOI3A as is appropriate; and 2.. The Investment Committee shall consist at all times of the currently serving Mayor and Council President and the currently serving City Clerl<. and TreaslIrer and the same are hereby appointed by virtue of the elected office or officer position they hold; and 3.. The City Treasurer is hereby directed a11d empovvered by this resolution to invest such idle flInds of the City as are approved by a majority of the Investment Comlnittee subject to the condition that specific investment transaction/s shall include the City Treasurer's signature and the signature of one other con1mittee member; and 4. The City Treasurer is hereby specifically authorized directed and empovvered to establish an investment account with Buffington, Mohr, McNeal Registered Investment Advisors in accordance vvith their proposal as submitted to the City Council entitled "Investment Strategy for funds held by City of Meridian dated June 22, 1998, and to sign all necessary documents together with the City Clerl( to carry out this directive and empowerment. CERTIFICATE OF CLERK OF THE CITY OF MERlDIAN \;XUr~\1 G. BERG ,,\ f. ~RI:" "1 \,'\.\\ _, 0 . .:;~t:;'?:"')j .11/-'/4 ....'-' ~, '.........,,_..,........ ~~~1 #.:~ .....' c) ,..,.on1.) -.., ~ ,l1~ ~ ~ . O'f'u' '-T ~~ )'; ,- ~ f '.R <'~ \ ~ SEAL .~ ~ "'6.. a::: ~ .-Q ,t:j ~ ~ 1'<:) Us, 1S~ ' R s ~,; .1 fj tr' ,~ ,.1/.1.1/, COUNT'! . ~ ",v J. , I \ \ \ \' III/tUB \'1\H\\ 2 STATE OF IDAHO,) 55. County of Ada, On this /SfJIdayof Dec.p.l"1.b("- ,intheyearI998,beforeme, ..dQ.II\.; c.~ 1-.. G-CA.SS a Notary Public, appeared WILLIAl\1 G. BERG, JR., l<.nown or identified to lne to be the City CIerI, of the City of Meridian, Idaho that executed the said instrument, and aclmovvledged to 111e that he executed.~.~e same on behalf of the City of Ivleridian.. \\1,"'9''''31 ,\\ E L I" ", C . G ~" " ~ \ .oe~'3800 "1', ....' ~ "' -- t')~ ('l~ tP 4lI, ~ , 00 e("lo <P ~ :,.,.. ....., Q6 A '"':i 1\ J~ CI ~ ... ('):\ ~ ~ t ~"~' 11 '" ('> .. :: ~ ~~) J. ~.,) :. : ~~ ^ r g ~ 1, E - ."" 4.) t..c.I f. . ": "V:....) P --... .... :. L ~ tz.... ~:' r:: \... ~ (j .~~t ~ ,.~~ '-- ,<? ~ ..... ~t\ e0c.., r",-,~-r::J ,,{;:J " ...... ~...... '- 311:;::: oJ"" ~ ' ~ ~ " " '::.-:' ~ "r\ \, .. ~ , ~~I .; /:! ((: ,,\> ,".' 1111I f Jt if- .9. II \ , \ \ \ (SEAL) msg\D:\1v1yFiles\lV1eridian City File\Resoultions\CERTIFICATE CI1Y CLERIC FOR Ccity Investment.\vpd CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF REED J. BOWEN, JR., BOWDEN ) PROPERTIES, LLC, AN IDAHO LIMITED ) COMPANY, dba ROARING SPRINGS ) WATER PARK, THE APPLICATION FOR A ) CONDITIONAL USE PERMIT FOR A FAMILY ) WATER PARK, (18.41 ACRES), SOUTH OF ) 1-84, WEST OF HIGHWAY 69, MERIDIAN, ) IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on December 8, 1998, 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 and Recommendation to City Council: 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 December 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 three hundred (300') feet of the external boundaries of the property under consideration more FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ( than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the December 8, 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 S67-6509, 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 South of 1-84 and West of Highway 69 adjacent to the East of the Boondocks Recreation Park, and more particularly described within the application which description is incorporated herein. 4.. The application represents that it is being pursued by Bowden Properties, LLC, dba Roaring Springs with consent of the record property owner, Winston H.. Moore, pursuant to a Conditional Purchase and Sale Agreement, and in accordance with the Affidavit of legal interest executed by Winston H.. Moore, and on file as a matter of record in this action and incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - REED J.. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 5.. Bowden Properties, LLC has 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 (C-G), General Retail and Service Commercial. The subject property was annexed into the City of Meridian in August 1995, and as the property is designated within the Meridian Comprehensive Plan as a Mixed- Planned Use Development area, a requirement of the annexation and the development agreement for the property was that all subsequent uses would be developed under the conditional use permit process. The General Retail and Service Commercial District is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408 B (11). 8.. The Applicant now seeks approval for their application for a conditional use permit for the development of an outdoor water park development project. The Applicant has submitted a Concept Plan and Site Plan depicting the location and appearance of the site, buildings, landscaping, parking, and water rides to be included within the development. Testimony submitted during the public hearing before the Planning and Zoning Commission indicated that the development will attract a maximum of 3,000 vehicle trips per day, will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ( require one and a half million gallons of water for the initial fill, with sixty thousand gallons per day of required make up water. 9.. The applicant and several consulting experts testified during the public hearing regarding the specific characteristics of the proposed project and that the applicant was agreeable to reasonable conditions imposed by the Meridian 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 provisions of the ordinance. 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 December 7, 1998, and by and through testimony during the public hearing on this matter.. Such report and comments are hereby incorporated herein. 11.. 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 hereby incorporated herein. 12. A representative from the ACHD testified regarding various transportation related issues, however, a final report from the ACHD was not available or received by the Meridian Planning and Zoning Commission at the public hearing. 13.. The uses proposed within the subject application will in fact constitute a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ( 14. 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.. 15. 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. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. 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. 18. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 19. 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. 20. 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 5 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 21. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. 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.e. s67-6503). 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 Merid ian Zon ing 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - REED J.. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ('- 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 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 structu res, 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 7 CONDITIONAL USE PERMIT - REED J.. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 5. Prior to granting a conditional use permit in an General Retail and Service Commercial zone (C-G), 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. 6. 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.) 7. 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 8 CONDITIONAL USE PERMIT - REED J. BOWEN, JR.. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK g. Require more restrictive standards than those generally required, in this Ordinance. 8.. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby recommends approval of the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: 8.1 That the following conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineerwithin their Memorandum dated December 7, 1998, as amended by the Planning and Zoning Commission be required as follows: 8.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches 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.. No variances have been requested for tiling of any ditches crossing this project. 8.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation.. 8.1.3 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. 8.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-41404 and 11-2-41405 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 8..1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 557, 10-1-91) for all off-street parking areas.. All site drainage shall be contained and disposed of on-site. 8.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-41403.. 8.1.7 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, banners or flashing signs will be permitted. 8.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-6068.. 8.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act.. 8.1.10 Sanitary sewer and water service to this project will be via lines that were installed as part of the Interstate Center.. . Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 8.1.11 The ten-inch irrigation line shown bisecting the property will need to be relocated. 8.1.12 A non-development agreement is in effect for the majority of this project. The property owner needs to request a modification of the non-development agreement for approval by the Meridian City Council prior to any permits being issued. 8.1.13 Sanitary restrictions are still in place for this property and will need to be lifted prior to issuance of any permits. Provide a letter from Central District Health Department lifting the sanitary restriction for this portion of Interstate Center. 8.1.14 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site.. The engineer on this project was to provide detailed information on water usage for this development; the information has not yet been received. Flow and pressure from the existing mains FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 8.1.15 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 "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water mains to their current points. 8.1 .16 Applicant shall provide calculation of asphalt area of the parking lot to the Meridian Planning and Zoning Department. .8.1.17 The applicant shall develop the landscaping for the subject site in the manner set forth within the landscaping plans submitted as part at the record; however, no trees may be located over the existing sewer easement. Proper screening of the mechanical building must be completed. A minimum 20-foot-wide landscape setback shall be required beyond the right-ot-way for 1-84. Landscaping within the parking lot shall be constructed as shown within the landscaping plan. 8.1.18 The applicant must ensure that adjacent residential properties and the traveling public are not impacted by glare, and shall submit a lighting plan to be approved by the City of Meridian Planning and Zoning Department. 8.1.19 Detailed signage plans shall be submitted by the applicant subject to design review by the Meridian Planning and Zoning Department. 8.1.20 The proposed utilities and lighting plans shall be submitted by the applicant. The Meridian Public Works Department shall review such plans as part of the site plan. 8.1..21 Five-foot-wide sidewalks must be provided along Overland Road. 8.1.22 A traffic study setting forth the impact at Overland Road/Highway 69 shall be submitted by the applicant.. 8.1.23 Provisions for bicycle racks must be made within the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 8..1.24 Screened trash enclosures are required per City Ordinance.. Coordinate location and construction requirements with Meridian Sanitary Service, Inc. 8.1.25 All building and parking lot construction must meet the requirements of the Americans with Disabilities Act. 8.1.26 The driveway shown on Overland Road within the plans submitted by the applicant shall be constructed to 30' and a deceleration lane shall be provided on Overland Road. 8.1.27 The applicant shall provide to the Meridian Planning and Zoning Department detailed information regarding the water demands required by the project. The City of Meridian reserves the right to request that a restrictive schedule would need to be followed for the time and rate of the initial fill and maintenance water volumes.. 8.1..28 No City water will be allowed for landscape irrigation. The existing pressurized irrigation system will need to be utilized for landscape purposes.. 8.1.29 The existing services that were stubbed into the individual lots for Interstate Center along Overland Road need to be abandoned. Coordinate abandonment with the Public Works Department. 8..1 .30 The private road and adjacent 1 0' public utility easement shown on the recorded plat must be vacated prior to issuance of the Certificate of Occupancy. 8.1.31 Detailed information on parking requirements for the project shall be submitted to the Meridian Planning and Zoning Department. 8.2 That the comments from the Nampa & Meridian Irrigation District submitted within their letter dated November 16, 1998, included as follows: 8.2..1 Nampa & Meridian Irrigation District's right-of-way on the Ten Mile Drain is 1 00'; 50' from the center each way. Any encroachments upon such right-of-way are to occur, approval must be obtained through a license agreement with the District. 8.3 That the comments submitted by the Central District Health Department within their comments dated November 18, 1998, be adopted as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 CONDITIONAL USE PERMIT - REED J. BOWEN, JR.. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 8.3..1 Any run-off from the project shall not create a mosquito breeding problem. 8..3.2 Plans shall be submitted to the Central District Health Department for plan review for any food establishment and swimming pools or spas. 8.3.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality in the manner described by the Idaho Central District Health Department. 8.4 That any and all conditions and recommendations from the Ada County Highway District as set forth within their final report to be submitted subsequently hereto shall be complied with by the applicant. 9. The conditions shall be reviewable by the Commission pursuant to Section 11-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 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 uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 CONDITIONAL USE PERMIT - REED J.. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ( , I i APPROVAL .OF FINDINGS OF FACT AND CONCLU5.IONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this iSti- day of kc e f'vv~~. , 1998. ROLL CALL .COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE VOTED~ VOTED~ VOTED COUNCILMAN ANDERSON VOTED MAYOR CORRIE (TIE BREAKER) VOTED ::~~:~ED ~. DISAPPROVED . RECEIVED DEe 1 5 199B CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW - BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PACIFIC ) NORTHWEST ELECTRIC, FOR A ) VARIANCE FOR AN EXTENSION OF ) TIME FOR THE PRELIMINARY PLAT ) FOR PACKARD SUBDIVISION NO.2, ) NW 1/4, SECTION 5, T. 3N., R. 1 E., ) MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION FINDINGS OF FACT AND CONCLUSIONS The above entitled matter coming on regularly for public hearing before the City Council on the 15t day of December, 1998, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. 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 #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code SS 67 -6509,6516 and SS 11-2-416 E and 419 D as evidenced in the record of this matter. WIRT EDMOND SIP ACIFIC NORTHWEST ELECTRIC - PAGE 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE) 3. The Applicant is Wirt Edmonds/Pacific Northwest Electric whose address is 3131 Lanark Street, Meridian, Idaho 83642. The location of the subject property is in the Northwest 1/4 of Section 5, Township 3 North, Range 1 East, Meridian, Idaho 83642. 4. The legal description of the property appertains to the real property that is included within the conditionally approved Preliminary Plat of Packard Subdivision No.2 as appears in the record of proceeds of this matter. 5.. The present land use of subject property is vacant field. 6. The proposed land use of subject property is residential.. 7. The present zoning district of subject property is (R-4) Low Density Residential District. 8. That a vicinity map of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 9. That a schematic drawing, of which is attached to these findings marked Exhibit "An has been supplied. 10. The Applicant requests a variance of the provisions of Section 11-9-604(F)(2) Municipal Code of the City of Meridian to allow and approve a written request filed after August 5, 1998, for a single extension of the approval of the Preliminary Plat for a period not to exceed one (1) year from the 5th of August, 1998. Meridian City ordinance requires the written request be filed before the 5th of August, 1998. 11. The Windgate Lane Homeowners and numerous residence and land owners who live along Windgate Lane, a private lane, testified and submitted letters in opposition WIRT EDMOND SIP ACIFIC NORTHWEST ELECTRIC - PAGE 2 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE) to the use of Wind gate Lane for subdivision development activities, and testified regarding their concern for the appropriate construction of irrigation appurtenances and for the appropriate maintenance of weed control, by the applicant, all of which has affected their use and enjoyment of their properties and the need for maintenance of Wind gate Lane but not in opposition with the subdivision per se. 12. The existence of special circumstances or conditions affecting the property are: 12.1 The intent of this application is to enable the developer to finish the subdivision of this property. A significant portion of the sewer service has already been installed along with other utility improvements. The property is no longer viable for farm use. The property has been rezoned to R-4 Residential use. 13. Strict compliance with the requirements of ~ 11-9-604F2 of the Municipal Code of the City of Meridian would result in extraordinary hardship to the owner, and developer, because the conditions and requirements of the ordinance would result in inhibiting the achievements or the objective of the ordinance, which is to assure that a subdivision is developed in accordance with the provisions of the ordinance and the applicant has made a showing that the plat can proceed to final plat within the one (1) year extension period provided for under the subdivision. 14. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 15. The granting of this variance will not have an effect of altering the interest and WIRT EDMOND SIP ACIFIC NORTHWEST ELECTRIC - PAGE 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE) ( purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan for the reasons stated in finding of fact number 13 and 14. 16. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code ~ 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in . ~ 11-2-419 of the Municipal Code of the City of Meridian.. 3. That the requirements for the processing of a variance request are set forth in Idaho Code SS 67-6509, 6516 and SS 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in S 11-2-4198 Municipal Code of the City of Meridian, and the findings which are required are set forth in S 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zon ing and Development Ord inance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary WIRT EDMONDS/PACIFIC NORTHWEST ELECTRIC - PAGE 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (V ARlANCE) hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other cond itions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements orthe objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Section 11-9-604 F of the Municipal Code of the City of Meridian provides as follows: 5.1 Council approval of the Preliminary Development Plan shall become null and void if the applicant fails to submit the Final Development Plan within one (1 ) year of Council approval of the Preliminary Development Plan. 5..2 Upon written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated in Section 9-604 F.1 of this Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not to exceed one (1) year from the end of the said one (1) year period. 5.3 In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conform substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one (1) year, may be considered forfinal approval without resubmission for preliminary plat approval. WIRT EDMONDS/PACIFIC NORTHWEST ELECTRIC - PAGE 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE) ( ORDER OF DECISION BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW IT IS HEREBY ORDERED AND THIS DOES ORDER that Wirt Edmonds/Pacific Northwest Electric 3131 Lanark St. Meridian, Idaho 83642 is hereby granted a variance and there is herein granted a single extension of one (1) year of the approval of the Preliminary Plat of of Packard Subdivision No.2 as appears in the record of proceedings of this matter and to commence nunc pro tunc from the 5th day of August, 1998 and ending on the 4th day of August, 1999. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a single extension one (1) year extension of the approval of the Preliminary Plat of the Packard Subdivision No.2 may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. WIRT EDMONDS/PACIFIC NORTHWEST ELECTRIC - PAGE 6 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions and Order of Decision. ROLL CALL: COUNCILMAN BIRD VOTEDY- VOTED~ VOTED~~ VOTED ff~ VOTED COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) APPROVED: ~ 121198 - Final DISAPPROVED: RECEIVED DEe 1 5 1998 CITY OF MERIDIAN WIRT EDMONDS/PACIFIC NORTHWEST ELECTRIC - PAGE 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION (VARIANCE)