The URL can be used to link to this page

Home My WebLink About1997 11-18 MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 18, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X WALT MORROW X GLENN BENTLEY X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD NOVEMBER 5, 1997: (APPROVED) X CHARLIE ROUNTREE X RON TOLSMA SWEAR IN NEW POLICE OFFICERS JASON PIETRZAK, DANIEL CORONADO JEFF LAVEY, BRENT POWELL: 1. TABLED NOVEMBER 5, 1997: ORDINANCE #779 - TREE ORDINANCE: (TABLED TO DECEMBER 2,1997) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: (APPROVED FINDINGS; APPROVE DECISION) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO SETBACK REQUIREMENT TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: (APPROVED FINDINGS; APPROVE DECISION) 4. ORDINANCE #780 - ECONO LUBE N'TUNE ANNEXATION: (APPROVED WITH CHANGES) 5. TABLED NOVEMBER 5,1997: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (APPROVED) 6. TABLED NOVEMBER 5, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (APPROVED FINDINGS; APPROVE DECISION WITH CONDITIONS) ( 7. FINAL PLAT FOR DAKOTA RIDGE ESTATES, 46 LOTS BY MAX BOESIGER - SOUTH OF USTICK AND % MILE WEST OF TEN MILE: (TABLED TO DECEMBER 16,1997) 8. REQUEST FOR A CONDITIONAL USE PERMIT FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK yeE FAMILY CO. - SE CORNER OF FAIRVIEW AVENUE AND LOCUST GROVE: (APPROVE AMENDED FINDINGS; APPROVE DECISION) 9. REQUEST FOR A CONDITIONAL USE PERMIT FOR A SMALL IN-HOME PRESCHOOL BY LORELL ROGERS - 3426 E. FLORENCE DRIVE: (APPROVE FINDINGS; APPROVE DECISION) 10. Tel CABLEVISION FRANCHISE FEES: (APPROVED) 11. DEPARTMENT REPORTS: A. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. MUIR WOODS SUBDIVISION: (DENY INCLUSION INTO BOISE CITY OF IMPACT AREA - REDESIGN SUBDIVISION) 2. LARRY VAN HEES - AMEND ZONING CLASSIFICATION IN COMPREHENSIVE PLAN: B. GARY SMITH, CITY ENGINEER: 1. FENCE VARIANCE COMMITTEE TEMPORARY REPLACEMENT FOR MALCOLM MACCOY: 2. TULLY PARK - RELOCATION OF IDAHO POWER POLES: (APPROVED) 3. IDAHO TESTING - FIELD WORK CONTRACT FOR WASTE WATER TREATMENT PLANT ADMIN. BUILDING: (APPROVED) 4. DOVE MEADOWS - LATE COMERS REBATE FOR OVERPAYMENT C. WALT MORROW, CITY COUNCILMAN: 1. STRATEGIC PLANNING SESSION: 2. BLAKESLEY & ASSOCIATES CONTRACT: (APPROVED) 3. GENERATIONS PLAZA! FOUNDATION: 4. ACHD IMPACT FEE HEARING: 12. EXECUTIVE SESSION: MERIDIAN CITY COUNCIL NOVEMBER 18, 1997 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief William Gordon, Daniel Coronado, Jason Pietrzak, Brent Powell, Jeff Lavey, Lorell Rogers, Bill Geyer: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 5, 1997: Corrie: Are there any corrections or alterations to those written minutes? Entertain a motion they be approved as written. Morrow: So moved Tolsma: Second Corrie: Motion made and seconded we approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea SWEAR IN NEW POLICE OFFICERS: DANIEL CORONADO, JASON PIETRZAK, BRENT POWELL, JEFF LAVEY: MAYOR CORRIE SWORE IN FOUR NEW POLICE OFFICERS ITEM #1: TABLED NOVEMBER 5, 1997: ORDINANCE #779 - TREE ORDINANCE: Corrie: I understand that the tree committee will be meeting tomorrow night, is that correct Mr. Rountree? Rountree: As far as I know that would be their regular evening meeting. They haven't provided me a re-draft of this so I would make a motion that we table this to December 2, 1997. Morrow: Second Corrie: Motion made and seconded that we table Ordinance #779 to the December 2 meeting) discussion? Bentley: When is the time line on this? Meridian City Council November 18, 1997 Page 2 Rountree: We will hopefully be able to act on the 2nd of December if not their time will run out as of the 12th of December. Morrow: If I might, I would think it would be contingent upon that committee to provide Mr. Rountree with that rough draft tomorrow evening. I have that on our agenda for our strategic planning meeting of the 25th, we would bring it in to format then and act on it December 2. Obviously if it is not ready for action then it falls by the wayside. Rountree: That is my twist on the thing as well. They have been working on this, I haven't seen it They know our willingness to work with them and they know their deadline. Bentley: I just hate to see Rountree: If we can have it on the planning agenda to discuss if there are any modifications then we should be able to make those and be able to act on the 2nd. Corrie: Any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: Council you have those findings of fact and conclusions of law, any discussion? Rountree: Mr. Mayor, I would move that the City Council approve the findings of fact and conclusions. Tolsma: Second Corrie: Motion made and seconded that we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow-Yea, Tolsma -Yea, Rountree - Yea, Bentley - Yea MOTION CARRIED: All Yea Corrie: Is there a motion for the decision? Rountree: Mr. Mayor, I move that it is decided that the variance for the tiling of the Safford Lateral in Golfview Estates Subdivision is granted. Bentley: Second Meridian City Council November 18, 1997 Page 3 Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: Morrow: Mr. Mayor, I would move that we approve and adopt the findings of fact and conclusions of law for the variance to the setback requirement to extend the 3 % feet into the setback by Scott Reece. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: Motion for the decision? Morrow: Mr. Mayor, it is hereby decided that the variance of the setback ordinance is hereby granted. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: ORDINANCE #780 - ECONO LUBE N'TUNE ANNEXATION: Crookston: Mr. Mayor and Council that ordinance was prepared with the legal description that we had, Shari Stiles just informed me that we do not want to annex that portion that would be the residential portion. You can pass the ordinance with that change and then I can change the ordinance. Morrow: For discussion Mr. Mayor I have no problems with that at all. Meridian City Council November 18, 1997 Page 4 Corrie: AN ORDINANCE OF THE CrTY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE W % OF THE NW % OF SECTION 8, T.3N, R.1 E, BOISE MERIDIAN} ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #780 read in its entirety? Hearing none 1 will entertain a motion. Morrow: Mr. Mayor I would Jike to ask Ms. Stiles with your permission for comment please? Stiles: Mr. Mayor and Council in addition to striking the R-2 zone on page 3 item C that should be changed to a 25 foot setback for landscaping and it should read along Fairview Avenue. Morrow: Mr. Mayor, that being the case I am prepared to move that we adopt Ordinance #780 with the following changes deleting all reference to the R-2 parcel in terms of the legal description and on page 3 amending item C to read that the development shall be aesthetically maintained within 25 foot setback for landscaping along Fairview Avenue. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the ordinance as amended, any further discussion? Rotl call vote ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Morrow: Question for Counselor, I eliminated inadvertently the phrase with suspension of rules, would that be pertinent? Crookston: Yes it would. Morrow: If Mr. Rountree would withdraw his second I will restate the motion. Mr. Mayor I would move that we adopt Ordinance #780 with these exceptions removing all reference from the ordinance to the R-2 parcels, on page 3 that item C read as follows that the development shall be aesthetically maintained with a 25 foot setback for landscaping along Fairview Road, with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve Ordinance #780 as amended with the suspension of rules, roll can vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea Meridian City Council November 18, 1997 Page 5 ( ( MOTION CARRIED: All Yea ITEM #5: TABLED NOVEMBER 5, 1997: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC~ - EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Corrie: Council do you wish to hear from anybody on this? Rountree: Mr. Mayor I believe we tabled this for action on the Ordinance for annexation. I don't believe there are any further questions from staff. Morrow: That being the case Mr. Mayor, I move we approve the preliminary plat for Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust Grove and South of E. Fairview. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the preliminary plat for Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust Grove and south side of E. Fairview, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED NOVEMBER 5, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Bentley: Mr. Mayor, one of the things we had discussions on this was the type of signs. In our packet we have pictures of mark ups of two signs, one for Econo Lube N'Tune it is 8 foot by 6. And the other one is for Schucks that is 16 feet, the drawing shows 16 feet by ten and that is not acceptable for a monument sign in my estimation. I would not be inclined on this update for 12 foot by 6 foot. Twelve foot wide is going to be pretty excessive. I would like to hear comments from staff if I coufd, Shari? Stiles: Mr. Mayor and Council the applicant has submitted in your packet monument signs throughout the City. It does show that at least the Schucks in this case would far exceed anything that has been constructed in the past on the monument except for the Fred Meyer. I don't know if they could go lower and not have the larger expanse beneath the signs. Other than that Meridian City Council November 18, 1997 Page 6 Morrow: Comment Mr. Mayor, I think that by virtue of looking at the other signs that are essentially monument type signs in the City comparing the square footages, obviously D & B Supply has a pretty good size one, Fred Meyer has one that is bigger (inaudible). I think part of the issue here is that they are somewhat proportional to the size of the buildings. Fred Meyer building is a huge building, the 0 & 8 supply is a huge building. In comparison these two buildings are very small and one of them is desirous of 160 square feet which I think doesn't make sense. The other one was originally 48 and now appears to be 72 if I am understanding from the 8 to the 12 feet. I am not sure that I have a specific problem with the 72 but I definitely have a problem with the 160 foot Rountree: I think Econo Lube got the idea, they are consistent with like signs for maybe not quite but close to similar square footages. Schucks I think the idea of having to have a solid 6 foot pedestal to display a four foot high sign seems a bit mucha I am not in favor of that, I think they need to get it down and in touch with the consistency of other monument signs along Fairview and other places in the City~ I would be inclined to think that they could probably garner as much clientele with a 6 by 12 foot sign as they can with 60 or 160 square foot sign and not have what appears to be just a large panel sticking on the side of the road. I think the scale is out of whack with the sign. I think if we can come to some consensus in terms of what we would see in terms of dimensions I don't have any problem with the conditional use permit. Morrow: As a point of discussion Mr. Rountree perhaps it would make a certain sense as a Council to approve the conditional use permit subject to the resolution of the sign size and if the staff and Schucks are not able to come to an agreeable size consistent with what we are thinking then the Council would in fact make that decision at the next meeting. If they come to the agreement along the lines we are thinking then the conditional use would automatically take effect at the signing of that agreement~ Rountree: I think that is good way to expedite it~ Bentley: I have no problem with that~ Corrie: And your contention is the 6 by 12. Morrow Mra Mayor, I am prepared to offer a motion to approve the conditional use permit for the construction of Econo Lube N'Tune automobile maintenance and light repair facility and Schucks auto parts store by Econo Lube N'Tune Inc. subject to all staff conditions and findings of fact conditions subject to the additional condition that the signage be remedied to 6 by 12 or 72 square feet and that the applicant and the staff come to agreement on that and with a signed agreement of that conditional use shall take effect immediately. If there is not a signed agreement to that effect the conditional use returns to the City Council at our December 2nd meeting for further hearing. Bentley: Second Meridian City Council November 18, 1997 Page 7 Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the CUP subject to the conditions as stated in the motion, any further discussion on the motion? City Clerk brings up a point here, I don't know that we approved the findings of fact or not, that was part of your motion Mr. Mayor was it not subject to staff and the findings of fact? Morrow: The intent of the motion was to subject to all conditions of the staff and the original findings of fact with respect to annexation and zoning. So that all of those conditions were inclusive in terms of the conditional use and the additional condition of the signage, that was the intent of the motion. Corrie: I guess my question to the Counselor, can we incorporate those findings of fact into that motion before we have done anything with the findings. Crookston: You should adopt those findings first. Rountree: I thought we adopted the findings on the annexation. Crookston: You have, but you haven't adopted the findings on the conditional use permit. Rountree: Can we in fact do that because it is not identified on the agenda. Morrow: Well that is true it is not identified on the agenda, it is part of last week's package. My perspective of the motion was or my thought was that we had covered all of those things within the testimony at our last meeting and everything was simply awaiting the annexation ordinance approval. If memory serves me part of that process was not the approval of the findings of fact and conclusions (inaudible) awaiting the ordinance. Corrie: I believe that we did close the public hearing, we did table it until we had the annexation ordinance. Morrow: Wait a minute Ron there is some confusion there are two sets of findings, one was on the annexation and now we have a set of findings of fact and conclusions on the conditional use permit. My question. is which do we approve and the answer is we approve (inaudible) Mr. Rountree have you found (inaudible) with respect to the conditional use Corrie: It is on page 28 Morrow: The proper procedure then is that motion, well what we ought to be doing here is approving the findings of fact and conclusions and adopting them. So that being the case if the second would withdraw I will with draw the motion. Meridian City Council November 18, 1997 Page 8 Corrie: I will entertain a motion for the findings of fact and conclusions of law. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law for the conditional use for Econo Lube N'Tune automobile maintenance and light repair facility and Schucks automobile parts stofe by Econo Lube N'Tune Inc. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of fact and conclusions of law on the request for the conditional use permit, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Yea MOTION CARRIED: All Yea Morrow Motion on the decision and recommendation, the City of Meridian hereby decides the property set forth in the application should be approved for annexation and zoning and issuance of conditional use permit under the conditions set forth in these findings of fact and conclusions of law. That if the applicant is not agreeable with these findings of fact and conclusions and is not agreeable with entering into a development agreement the property should not be annexed. There should be no development or use whatsoever on the property set forth in the application as being used for anything other than a planned commercial development for retail to be annexed and zoned general retail and service commercial such as approved by the City of Meridian prior to commencement of construction. Rountree: Second Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, would it be simple enough just to restate the motion that was read into the minutes earlier. Corrie: You could do it that way. Morrow: Then I would like to do it that way. Mr. Mayor, I am prepared to offer a motion to approve the conditional use permit for the construction of Econo Lube N'Tune automobile maintenance and light repair facility and Schucks auto parts store by Econo Lube N'Tune Inc. subject to all staff conditions and findings of fact conditions subject to the additional condition that the signage be remedied to 6 by 12 or 72 square feet and that the applicant and the staff come to agreement on that and with a signed agreement of that conditional use shall take effect immediately. If there is not a signed agreement Meridian City Council November 18, 1997 Page 9 to that effect the conditional use returns to the City Council at our December 2nd meeting for further hearing. ( I I, Bentley: Second Corrie: Motion is made and seconded as previously entered into the record of the CUP subject to staff and with the limited signage and the signed agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINAL PLAT FOR DAKOTA RIDGE ESTATES 46, LOTS BY MAX BOESIGER - SOUTH OF USTICK AND % MILE WEST OF TEN MILE: Bentley: We have a request from Becky Bowcutt of Briggs Engineering to table this until December 16th. I will make that motion. Rountree: Second Corrie: Motion made by Mr~ Bentley second by Mr. Rountree to table the final plat for Dakota Ridge Estates until December 16th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: REQUEST FOR A CONDITIONAL USE PERMIT FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CORNER OF FAIRVIEW AVENUE AND LOCUST GROVE: Yea: My name is Boyd Yea and I am representing the Yick Yea Family Co. I have been through the Planning and Zoning review and so forth and I guess we are here tonight to ask the City Council for a conditional use permit to build this theme type restaurant that is called Wingers. Corrie: Council any questions of Mr. Yea? Rountree: I see you brought a menu did you bring some samples? Yaa: I brought a picture of the res'taurant (inaudible) Obviously there was some previous discussion about signs and whether we missed it through Planning and Zoning review or whatever I guess I am also what are the possibilities of getting a pile on sign for the restaurant. I have brought some pictures of some signs that are existing. Here is one in (inaudible) and this is some signs that were in (inaudible) the sign that is on the building. I brought some blue prints along that showed some dimensions and so forth. Obviously with the discussions that have taken place earlier I am not sure if the dimensions are relevant because they do seem a little big compared to what you guys Meridian City Council November 18, 1997 Page 10 were talking about earlier. So I guess my point is if we could pursue with a pile on sign which would be our first choice maybe we will leave it up to staff to come up with the dimensions if it is acceptable. If not I am also here to be a part of whatever you folks wish we can go with a monument sign. But I would like to say the restaurant business is very competitive the track record nationwide is not really good. So like I say our first choice is a pile on sign only on the basis we would like to have as many advantages as we could in the restaurant business. Corrie: Council, suggestions or ideas? Rountree: Well to be consistent with that we have done so far recently in that location I think that our position has been pretty much monument signs. So I Vv'Ould like to stay with that personally. I think you have the makings of a pretty nice looking monument sign with your pile sign design. Bentley: And I would agree with that Mr. Mayor, I would like to see them stay with a monument. Morrow I guess that from my perspective to be a little stronger on the issue. It is an entrance corridor to the City, t agree with both Mr. Bentley and Mr. Rountree that we need to stick with the monument sign. t think that you guys can do based on your pite on a very attractive monument sign. Essentially what is fair for the other folk is also fair for you. So I would be very supportive of monument as opposed to pedestal. Corrie: Hearing that J think we can probably work with staff and see what you can come up with on that signage. Any other comments or questions from Council? Thank you very much. Council, questions of staff? Morrow I guess Mr. Mayor, I would ask staff if they have any final thoughts concerning this application? That being the case Mr. Mayor f would move we adopt and approve the findings of fact and conclusions of law as prepared for us by P & z. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as prepared for us by the Planning and Zoning Commission, any further discussion? Rountree: Mr. Mayor, would it be in order to include on page 11 t item K discussion of all signs to make mention that it is the direction of the City Council that signing for this location will be a monument sign. Morrow: I don't disagree with that, I was going to do monument signage under the decision and recommendation. You are talking about item K, page 11. From my Meridian City Council November 18, 1997 Page 11 { ( perspective in the adoption of the findings of fact and conclusions we can amend item K to include your verbiage about monument signage. Bentley: I would prefer that. Corrie: Do I hear any other that woufd like to change that verbiage on item K. Withdraw the second Mr, Tolsma? Tolsma: Yes Morrow: Mr. Mayor, I would like to move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z with the amendment to item K on page 11 that states the signs must meet the requirements of the uniform sign code and the Meridian City Ordinance, that the sign shall be a monument sign, flashing signs and temporary signs will not be permitted. All signs are subject to review and approval by the Planning and Zoning Department. Sign permits are to be obtained prior to construction upon three d~ys notice to any tenant of the City of Meridian to remove any unauthorized sign and to further state the sign design be approved by Planning and Zoning staff. Should agreement not be able to be reached it could be appealed and re- heard by the City Council. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as amended with item K in particular, any further discussion? All those ,in favor? Opposed? MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision and recommendation. Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit as amended as requested by the applicant for the property described in the application with the conditions set forth in the amended findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, paving and landscaping requirements, signage requirements and all ordinances of the City of Meridian. The Conditional use should be subject to review upon notice to the applicant by the City of Meridian. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the decision and recommendation as read, any further discussion? Atl those in favor? Opposed? Meridian City Council November 18, 1997 Page 12 MOTION CARRIED: All Yea ITEM #9: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SMALL IN-HOME PRESCHOOL BY LORELL ROGERS - 3426 E. FLORENCE DRIVE: Corrie: Is there a representative of this here tonight? Would you come forward please and give us a synopsis of your conditional use permit. Rogers: My name is LoreH Rogers, what I am requesting the conditional use permit is for an in home preschool consisting of five childrene It would be a half day operation from 9 aern. to 12 noon. What information would be most helpful to the Council? Does the Council have any questions? Morrow: I have basically one question, I recognize that in Crossroads Subdivision is originally industrial zoning. The Covenants and restrictions for this subdivision are they written in such a manner that you need the permission of the covenants or conditions and restrictions to operate a preschool or daycare type of facility or a home business as the case may be? Rogers: What the covenants state is that there can be a home business in my home provided that it stays within the home and it does not go outside the home. As far as getting permission from the subdivision I am not aware that I need to do that. There is nothing in the covenants. I have been working with the developer of the subdivision on it and he has not, they have not indicated that I need to go before a body of residents of the subdivision. Morrow: I read in the packet that we have Mr. Vargason is the developer has given his written approval~ Apparently at this point the subdivision does not have a formal homeowners association (inaudible). T. Rogers: My name is Trace Rogers, currently he is still the president of the association until he is finished with this development (inaudible). Morrow: Thank you very much, I have no further questions. Corrie: Questions of the Council to staff? Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Ze Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as prepared by Planning and Zoning, roll call vote. Meridian City Council November 18, 1997 Page 13 ROLL CALL VOTE: Tolsma - Yea, Rountree - Yea, Bentley - Yea, Morrow - Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety code, uniform fire code, parking requirements and all ordinances of the City of Meridian. The conditional should be subject to review upon notice to the applicant by the City. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the decision and recommendation as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: Tel CABLEVISION FRANCHISE FEES: Corrie: Council you have that in front of you I hope. This is in reference to the Fifth Circuit Court decision regarding franchise fees a They are asking us (inaudible) notify a change in the franchise fee by way of the following bill message. Any questions on this letter what they are asking? I guess what they are asking is to sign the acknowledgement. Morrow: Mr. Mayor, I would move that the City Council authorize the Mayor to sign and the Clerk to attest the re-do of the Tel Cablevision of Treasure Valley agreement with the City of Meridian subject to the mandates of the Fifth Circuit Court decision regarding franchise feeSa Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the Mayor sign and City Clerk to attest the acknowledgement of the subject of the Fifth Circuit Court decision regarding franchise fees, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: DEPARTMENT REPORTS: ( ( Meridian City Council November 18, 1997 Page 14 Corrie: Shari? . Stiles: Mr. Mayor and Council I had two items one is something we received from Ada County Development Services yesterday. They had an application going through their system beginning back in March that they neglected to send to us. It is a development proposed by Walt Waner of Statewide Construction. Part of the development would lie within our Area of Impact as you can see on the maps attached. Did everybody get a copy of that? It is located at the NW comer of Victory and Cloverdale Roads. This had made it to the County Commissioners and I think they have not tabled it awaiting a response from the City of Meridian. The Ada County Ordinance reads that if there is a property that is 300 feet in depth or less the smaller portion can be included in the jurisdiction of the larger portion. In this case the depth of the property is approximately 360 feet, therefore it requires City of Meridian approval and our signature on the final plat. So I just wanted to know what your feeling was, whether they need to redesign the project to not include the area in our impact area. Morrow: Mr. Mayor, I guess Ms. Stiles my answer to that is consistent with my former positions is that I don't think anything divided other than down the center of section line roads makes any sense. So and it being consistent with this Council's position with the Van Auker properties at our last meeting it seems to me that we not concede that property to anybody that it stays in the city of Meridian's impact area and ultimately stays in the City of Meridian's city limits. (End of Tape) Rountree: (Inaudible) I guess in response to your comment it looks like a redesign would be in order. Stiles: Does this require a motion by Council? Morrow: If that is the wish of the Council. Mr. Mayor, I am prepared to move that the City of Meridian not approve the area in question for inclusion within the Boise City Area of Impact or Boise City limits that it remain within the City of Meridian's area of impact and that redesign to reflect that by the developer would be in order. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to deny the request for separation of the City of Meridian's area of impact, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Stiles: Thank you, I had one other item, a request from Larry Van Heas for a comprehensive plan change. I don't expect any decision but just for you to be thinking about this area. It is the SW corner of Franklin and Linder Road, it would be the area that is adjacent to industrial zoned property to the north. Bill Buckner has a corner ( Meridian City Council November 18, 1997 Page 15 property that is zoned neighborhood commercial and then kitty comer from this property is also another commercially zoned property. In our comprehensive plan it designates this area as only single family residential. Mr. Van Heas is desirous of developing that as commercial and possibly some higher density residential. He doesn't ask that a decision be made now he knows that our comprehensive plan is in the process of being changed as far as our capital improvement plan. I wouldn't like to see this come up on every intersection we have but I think clearly in this case it would be a better use. There would be a better use as commercial or higher density then the single family residential. This maybe could be a discussion topic at our workshop as to how he should proceed. He is not in a big hurry, he is a little distraught at the prices Ada County Highway District is coming up for his property as a result of it being designated single family residentiaL If you keep this in mind I just wanted to give you a heads up on it and let you know that we will be proceeding with that as an amendment. Morrow: In response Shari I have absolutely no problem at all with including that in the agenda for the Strategic planning meeting. I would also remind the Council that we had a discussion I believe once before concerning sewage of those particular parcels. And the fact that we are not willing to commit to taking them into the Linder Road line. So clearly with that position haven been taken by the Council already it would be more conducive to development in terms of using commercial or commercial general at that location given the other three corners Vv'hich are currently some sort of commercial or industrial types of zoning. So at this juncture I don't have a problem with amending the comprehensive plan for that parceL Tolsma: Also the fact that Franklin Road is going to be probably half of that corner section is going to five lane road (inaudible). Morrow That is correct, I think the current development plans calls for developing to and through that intersection with bike lanes, some 200 feet. Tolsma: I noticed the bike travel down Pine has been so (inaudible) they restriped them today. Stiles: Thank you Corrie: Mr. Smith? Smith: Mayor and Council I have a couple of items that I need to talk to you about. First of all you are all aware that Malcolm MacCoy is incapacitated from the Planning and Zoning Commission he also sits on the Fence Variance Committee. I think we need a replacement for him because sometimes a lot of times it is hard for us to get a quorum. So if you could appoint perhaps another member from P & Z to serve on that committee I would appreciate it. Meridian City Council November 18, 1997 Page 16 Morrow: I think we have the power to do that as a temporary appointment pending some resolution. As a gesture of goodwill it would make some sense to ask one of those Commissioners to stand in Mr. MacCoy's place until Mr_ MacCoy makes a decision whether he wants to participate or not. I think that would in my mind expressing some confidence in his recovery and I would like to see us do it on a temporary basis. Rountree: Has anyone stepped up expressing an interest? Smith: I haven't let it be known, so I guess' could put out or perhaps Mayor could a little memo to the P & Z members and ask if anyone would be interested that would have the time. They are late afternoon meetings 4:30 usually. Corrie: The 24th right? Smith: Yes Corrie: I will find out. Smith: Thank you, the next item I have , just want to give you an update on Tully Park construction budget and then I have an issue or an item that I need to talk to you about. That is an outline of vvhere we are to date with cost. Information on the pump house item #4 we were informed today by one of the people involved with Turtle Creek that there seems to be a bit of distress going on with that development. So at this point I don't know what the status of that pump house is going to be. The individual we talked to was going to try and rescue the project but he won't know for a few days how that is going to turn out. Without that pump house we don't have water to irrigate and there may be an additional cost that we would have to shoulder for the pump house constructiona Morrow: Question Mr. Mayor, Mr. Smith, do you have any recommendations within the operating budget that we have set forth as to where those monies could come from? Smith: No I don't Morrow: Can you guys maybe work that over and bring to us a suggestion that of the places we can save those monies if the Turtle Creek people are not prepared to pay their share? Smith: I can do that yes. Tolsma: (Inaudible) late comers agreement (inaudible) Morrow I think that is mandatory, the deal is when it comes on line it buys out its share at that market value. ( Meridian City Council November 18, 1997 Page 17 Rountree: Gary, I believe there was some discussion with either adjusting the pump size or maybe even looking at two pumps in that pump house in terms of the facilities that would be there. The one would handle the park, the other would handle Turtle Creek at such time as they come on line and they can put the improvements in that they need~ Smith: That part that we could leave out we certainly would yes. We will look at that, vve just learned of this late this afternoon. So I haven't had a chance to do much more, Brad prepared this for us on the 17th which was yesterday. To go along with this item #3 is power supply. We have an agreement that has been submitted by Idaho Power to relocate some poles and also to provide underground power to the maintenance buildings and restrooms. I will pass that out to you now. This is the cost that is sho'Nl1 on item 3, it is $16,655 that is the agreement or the work order that has been submitted by Idaho Power. That cost at the bottom J have written in by hand, we have to relocate t'NO poles on Linder Road in line in order to miss driveways, accesses to the parking lot area. That is a $6000 bill, to provide one phase single phase service to the building that is the restroom maintenance building is approximately $5300. To provide three phase service building so that at a future time electrical tines could be extended to provide lights on the ball fields is an additional $5300 and that totals the $16,655. I wanted you to be aware of those costs and I also need your approval for the work order request if that is your desire. I thought you should be aware of what that cost break out is~ Tolsma: Gary would it be any cheaper in the long term to put the three phase power out there now even though we aren't going to use it. To have to go back through and tear up the turf and everything else to get the power back out there. Smith: I suppose that it would be to some extent. I don't know what that might amount to. I suspect that they could put a size of conduit in the ground that would carry the three phase at a future time. Then at the time we would need it they could pull that cable out of there and replace it with enough cable for three phase. But they would also have to do something with the transformer. Tolsma: They wouldn't have to put the transformer up at this time so the cost wouldn't be there for the transformer but they could have the underground wiring to the building. Bentley: Mr. Mayor, originally 'Nhen we were talking about Tully Park I brought up the subject of the word came doVJl1 from some people at Idaho power that at times they do donation work and take and possibly could pre-wire the ball fields for lights. Charlie did that get pursued any farther? Rountree: (Inaudible) bulk of it is for moving poles and then wiring to maintenance and restroom facility. Smith: Is that a question Charlie? ( Meridian City Council November 18, 1997 Page 18 Rountree: No that is what the bulk of this is for, not for recreation facilities. Morrow: Mr. Mayor, it seems to me that given the tremendous change that Idaho Power is undergoing and given the realities of deregulation, I think it is in our benefit to do the pre-wire to the building currently. Over the course of the last years some of the charges for services like these have been increased very dramatically. So not that it means that is going to continue on but it seems to me that prudent spending would be that we go with it now because as deregulation becomes a reality each of these will become a profit center for whoever and in this case Idaho Power and those prices probably will be continuing to go up. I don't see that it makes a lot of sense (inaudible). Bentley: I would agree. Corrie: Any further discussion? Morrow: That being the case Mr. Mayor I would move that we approve, Gary are you looking for a purchase order here? Smith: Yes, just an approval for their work request. Morrow: Okay, I will move that we approve the purchase order for the Idaho Power reengineering cost in terms of the line pole relocation of $6000, single phase service tot he building of $5300 and three phase service to the building of $5300 for a total of $16,655. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve of the $16,655 on the three items as broken down, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mayor and Council, the next item I have is a service contract for some material testing for the administrative building under construction at the waste water plant. The first phase is very fine print, that is terms and conditions. The second page is the scope of the work and the fee estimate. The total that they quoted us is $2940 included in that is some asphalt testing. We can probably take that asphalt testing out of there and that brings it down to $1970. Morrow: Mr. Mayor, as a point of discussion my preference with asphalt mixes and this particular mix design would be that the asphalt testing stays in. What happens in that procedure is if this is normal these folk will do temperature testing and instructions for the lay down to the roller operators to meet the design that we have required. After the asphalt has cured one day they will do a core sample to make sure that we get the ( \ Meridian City Council November 18, 1997 Page 19 compaction that we are desiring. I have to tell you Gary from my own experience that is pretty cheap money to have that done and have that assurance with the quality control is there. Smith: It, I can't argue with you, the testing is just a guarantee that the contractor does what they are supposed to do. Rountree: Gary would you run those numbers by me again, I don't come up with those same. Smith: The $2940 is the total that the proposed, if we took out the asphalt testing it is $970 so that would being it down to $1970. It is the middle two items that they have shown there. Rountree: Given the cost of the asphalt itself I think that is a small price to pay to guarantee we get the product we want. Unless we can get them to warranty it for 5 to 1 0 years. Smith: Probably better take the test and leave it in there. Corrie: Any more discussion? I will entertain a motion then. Morrow; Mr. Mayor, I would move that we authorize Idaho Testing and Inspection Inc. to handle the field testing and inspections for the City of Meridian in waste water treatment plant in the amount of $2940 Bentley: Second Morrow: I mis-stated the motion, it is a service contract so the motion needed to have said authorizing the Mayor to sign and the Clerk to attest. Corrie: Start over Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the Clerk to attest the service contract for Idaho Testing and Inspection Inc. in the amount of $2940 at the Waste Water Treatment administration building. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the service contract as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council November 18, 1997 Page 20 Smith: The last item I have concems Dove Meadows Subdivision and I think you had a copy of that in your box, hopefully Bruce got that distributed to you for reimbursement of latecomer fee overpayment. Have you had a chance to review that to see what the question is or would you like me to review it? Morrow: I think we can dispatch with this fairly quickly when we addressed this issue once before the determination was made that it was the person's who paid the original fees were the ones that were to receive the rebates. Meaning builders or developers or whoever and not the current homeowners as the case may be. The theory there was is that builders and developers paid those late comer fees and by virtue of the sale prices of the house mayor may not recaptured the cost of those fees~ So that therefore it was the Council's feeling that any of those rebates ought to go to the people that paid them in the first placea That is what we did as a Council with that issue. Corrie: This is what the developer is asking for, Council any further discussion or questions? Rountree: Is that clear enough for you Gary? Smith: Yes and apologize for bringing this back because I don't recall that, but I am sure that did happen. Morrow: Well the (inaudible) current property ownersa Smith: We will reimburse then to the person that paid the fee originally. Thank you that is all I have. Do you have any questions on any projects that we may be underway with on sewer and water? Rountree: I understand you had a fairly successful start up on the Black Cat lift station. Smith: Yes, we fired that baby up last Friday afternoon and it pumps well, we even had some stuff in the line to pump~ So it worked out alright. Morrow: To make one additional comment, I was by Tully Park today and everything looks good there, you have the folks out there working really welL Smith: They should be pouring, hopefully pouring foundation walls tomorrow on the maintenance building and restroom building. Corrie: Counselor? Crookston: I have nothing. Morrow: Mra Mayor for the strategic planning meeting on the 25th the topics that we will be continuing working on is the ethics ordinance, tree ordinance, irrigation ordinance, ( Meridian City Council November 18, 1997 Page 21 new topic P & Z fees, P & Z zoning classifications, finish the City Council president and vice president ordinance, have a discussion about the monies that we need to complete Generations Park and 'Nhere that is going to come from in the short term. And also incorporate the discussion that Shari asked us to talk a little bit about in terms of the Van Heas comprehensive plan amendment. Anything else that anyone wants on the agenda? Bentley: We have a copy of the overlay of this building, layout plans. Morrow: Okay we have that, let's discuss that also at that meeting. Corrie: Does anybody else have anything for that meeting? Morrow: Okay that taken care of and the overlay taken care of. We met with Darlene Blakesly on the 6th, Mayor Corrie had to leave early, actually didn't get the pleasure of meeting her. She was here Bob, did get tied up in traffic and had underestimated the traffic between Boise and Meridian. So she was a little late, Councilman Tolsma was in Las Vegas, Councilman Bentley was still at work. So myself and Councilman Rountree and Councilmen-elect Anderson and Bird met with her, spent an hour and a half or so in 'Nhat I thought was a very productive session. It seems to me that it seems and I think I can speak for the other three that we were of the opinion that we ought to execute a contract with her for here services. Her opening date or opening time as I recall was February. We need to extend to her that invitation very quickly so that we can secure that February date to start that process. I would like to have a bit of a discussion at this time if the remainder of the Council is in agreement with that then we can extend to her an invitation and find out 'Nhat contract documents are involved and so on and so forth. Corrie: Having not been there 'Nhat is her job? What is she going to be doing, what is she asking to do? Morrow: Essentially she is the gal that was and 'Nhere I first met her was through the city of Boise interview process in terms of their one stop shop. She also worked with or is working still with the City of Boise working with the City of Lewiston, the City of Twin Falls, a couple of smaller cities in Montana. Essentially 'Nhat she does is a continuation of the process that we started as a Council with all of our department heads and discussing consumerism. Her process is that she interviews employees that are involved in that phase. In other cities she has done not only the general employees but she has done the police and fire departments. Her recommendation with respect to that is if the City of Meridian was desirous of that that the general employees be done and that the fire and police be done at some point in the future_ She interviews each employee in a confidential setting. The general interview is their perception of what their job is, how they feel they are doing, how they feel they are satisfying the public's needs. Then she goes into the private sector and interviews groups of folk that are covered by the services that the employees being interviewed off of and then has an interview session with those people to see how they perceive the City is doing its job and how the ( Meridian City Council November 18t 1997 Page 22 ( employees react. What areas of weaknesses or suggested changes might be. From those interviews she compiles a synopsis of each. In an executive session she meets with the Mayor and the Council and has a round table on the information. Based upon that then offers the necessary seminars to correct or change areas of weakness or areas that need to be corrected. Generally speaking if I recall it was as much as two 8 hour seminars and a follow up seminar at a later date with the employees to help them move forward in terms of consumer service and other things. We talked at that session about employee evaluations, she has done those seminars. I think it was her feeling that employee evaluations were better done at more frequent intervals than an annual employee evaluation. So there was a broad general discussion in that area. Essentiaffy it would be bringing to the employees of the city and to the Council and to the public that we serve a person that could bring all of this together that we have been working with over the last six months when we made the determination that we needed some change with how 'N6 were doing business. We had the general meeting with the department heads, then we met with the individual department heads. We had indicated to the individual department heads that we 'NOuld review their performance in 90 days which is now. It would seem to me that we either need to move forward with that immediately or involve Ms. Blakesley in the process, bring together all the information that we can and then move forward as a Council and working in the areas that we have some deficiencies. Have I left out anything Charlie, Ron or Keith? Rountree: I \YOuld just add that I was pleasantly surprised by her approach, I think she is very direct, very business like, no nonsense, she appears to know the business of customer service. She presented a very well thought out very vvell organized approach to interviewing the City of Meridian including us as well as our customers to find out the strengths and weaknesses and putting together a program that is kind of custom to the City to address those areas where we do need to make some changes to serve our public. Again I was really surprised, I have talked to a lot of people that do that kind of business, she was as well organized of an individual as I have ever encountered in that kind of activity. She did not give me the sense that she was interested in performance evaluations particularly she didn't seem to indicate that was her forte. She thought that the City was probably a little behind times in not having an established process but f believe that is something we need to address soon with our own staff or another individual. But I 'WOuld highly recommend that we take advantage of her time and pursue and agreement with her and get going on this thjng~ So our sense gets a better idea of what it is OUf sense is customer service is all about. I know we have said it to the (inaudible) to aU of them in all instances but I think this would be a method to across the board the general staff of the City this is customer service, this is the expectation of the customer, here is how you provide that service. We are all on the same wave length and hopefully we can go forward from that and do better things. Corrie: What is the cost on this? Morrow: Mr. Mayor the cost of this is approximately $10,000, I had pre-budgeted at least $500 for something like this within the public \^IOrks department budget. I believe Meridian City Council November 18, 1997 Page 23 (~ that we can find the rest of the monies within those budgets to affect that contract in that amount. I would also like and I think it is appropriate I would like to hear the opinion of the two councilmen-elect since all of the budgeting of this is on our watch and all of the execution of this will be on their watch~ Corrie: Before we do that, let me ask the question, is this, J am sorry I wasn't there, is this comparable to let~s say lEe's program that they do over a period of time? You know both of those you are a member of that? Bird: I think this is a little more direct and it isn't dra'Nl1 out as much. I am like Walt and Charlie, she is dynamic and she is here to find to get people oriented to customer service~ I was very impressed with her and IEC too. This lady (inaudible) Anderson: I might add too just coming off the campaign trail so to speak a lot of the comments that we were hearing out there this year (inaudible) customer service aspect. t think (inaudible) tend to forget who we work for. I think what I was hearing form this gal (inaudible) really help us out with that (inaudible) to what we are doing here. We have some good employees (inaudibre). Since that meeting I have had an opportunity to talk to some employees with other cities that she has done this with. And they all had real positive comments about the program and about her in particular. I am like the rest of the gentlemen, this is the kind of person you can't just hire someone off the street, this is a quality, dynamic individual that can really bring something to table. She guaranteed us that she would do it in person. ('naudible) So I think (inaudible) Corrie: I am trying to dove tail this, we are having a new employee come on board the 2nd of December which is Human Resources background and it might dove tait very well with that with the appraisals and everything else that we are talking about do'M1 the line. I guess I said 1 apologize for not being there but it sounds like it was something that we could definitely use and do as long as we have the appropriations available I wouldn't have any problem with it. I guess the Council it would be up to you. Bentley: I wish I could have been there too but I couldn7t get away, but from everybody7 s input it sounds Jike a pretty good idea, something we ought to pursue. Tolsma: (Inaudible) Morrow: That being the case Mr. Mayor, I am prepared to offer a motion that we invite Darlene Blakesley of Blakesley and Associates to offer to us a proposal for her help and her seminars. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that Blakesley and Associates give us a proposal to the City of Meridian for the services we described here, any further discussion? All those in favor? Opposed? Meridian City Council November 18, 1997 Page 24 MOTION CARRIED: All Yea Morrow: Status report on, I am interested in getting this Generations Plaza thing moving. A status report on what it is we are trying to do with the 5013C or foundation or however. That is a critical key to our success with that project, where are we at in terms of moving that thing forward? Berg: As far as my answer goes, I left a message with Steve Gerber like I talked to you earlier about Walt. He hasn't got back to me, I talked to Terry Smith to pursue the angle of the historical foundation that Meridian has. I guess it is the Meridian Historical Foundation to pursue if we can run that through that line item through itself so we can get the opportunity for a donation. That is the status I have other than re-emphasizing that our auditor said that we are already a tax deductible entity and we cannot as far as the City itself be a 5013C status. It has to be an established foundation. She recommended that we didn't create a foundation for this particular thing if we can piggy back on another foundation that is already established with their committees and bylaws and all of that. That is what she recommended. But if we have bigger projects maybe we should create one. Morrow I think that the answer that I am at here is I want to know what the procedure is to establish a foundation for in the future that can handle any of these kind of things. I don't want to see specific foundations sprouting about for various single item deals. I want to see if it is a foundation we have to do and can't do 5013C's then I want to see a foundation that is done in such a manner that at any future types of things that need that type of taxing certificates that it is an automatic deal and we don't have to struggle through with it. So my question is I guess what is it going to take for us to get that done and get it done very quickly. Corrie: I think you had better go to Troxel the tax attorney and let them give us the advice on this one. Because we have them on line anyway. Rountree: Let's do that and do it posthaste. Have them give it to us by the numbers so we have something to follow. Morrow: The procedure to get to where we need to be because that is holding up everything with respect to generations. The next to the last issue is the status report on ACHD, our last citizens advisory committee and with respect to the im,pact fee or the proposed impact fee. They have a commission with the exception of one person ignoring the advice of the committees and cities such as Meridian about not wanting impact fees to include bike lanes and sidewalks. They are wanting to amend the impact fee ordinance to delete the word vehicular traffic which institutes impact fee uses or monies for uses such as sidewalks and bike lanes. The committee again has unanimously voted to not go along with that and to advise the Commission that was not in the best interest. I made the point that as City of Meridian all five of us were in Meridian City Council November 18, 1997 Page 25 opposition to bike lanes arterials and collectors. Essentially Sheri Huber is asking for us to testify in the public hearing. Yet again to bring some sense of sanity to this bike lane issue it has come to my attention through the SeA that they are going to oppose this very aggressively because they feel it is in violation of the enabling legislation as passed by the Idaho State legislature and by the specific ordinance as passed and adopted by the Ada County Highway Commission. So at this juncture it seems that the public is swimming uphill except for that miniscule minority that wants bike lanes on arterials and collectors. So I guess I am looking for guidance as far as what to testify to at the public hearing and looking for more support from you if possible so we can testify at that public hearing so we can again state our position. Corrie: When is that public hearing? Morrow: I think it is the 3rd Mr. Mayor. Rountree: I guess the only comment I would offer in addition to it and it may be contrary to what you said Walt is that I am not necessarily opposed to the sidewalk issue. Morrow: Well the effect of the sidewalk and the bike lane being incorporated in. them yet bumps up the impact fees again by the rationale the new impact fees we would go from roughly $800 to $900 a house to $1800. It is a difficult thing that from the standpoint, historically sidewalks have not been a part of impact fees, they have been left up to the development community. Rountree: You didn't let me finish, I am not opposed to the sidewalks but where are they putting sidewalks that the impact fees are providing, all of our developers are putting sidewalks adjacent to these paths that they call collectors and arterials that they have spent no money on to improve them beyond the two lane lanes they have been for the last 50 years. We have wide rights of way with sidewalks on either side. Why are they collecting fees to replace those when they go in and tear those up and fix the road. What is their rationale. Again I am not against the sidewalks, I think that is an integral park of the street system. But we have provided them through our ordinance and through working with the developers. What are they going to do with the money? Morrow: I guess the response to that is from a practical standpoint those sidewalks won't get built until the build out of that section of road. In today's system those sidewalks get built to some design criteria furnished by ACHD by the local developer under the scenario of incorporating then within the impact fee until that section of road and using Ten Mile and Locust Grove as examples until those roads are built out to their ultimate section the sidewalks wouldn't be there. Rountree: I can't support that, the process that they have the consumer pays twice to get one thing. I just need to understand where they are going with the sidewalks, it doesn't make sense to me. Bike lanes I can see that is more pavement they are talking about paving, but the sidewalks are there at least in our community. I would be opposed ( \ ( Meridian City Council November 18, 1997 Page 26 to that, it makes sense now. We are not getting anything for it other than higher impact fees. Corrie: Talking to Shari Huber at the APA meeting what they are going to try to do is that whole road is being put in it is not a bicycle lane it is a whole side of the road and then they are going to stripe it later at $80 million. She is going to be bringing this up very quickly but this is at the tune of multi million dollars~ The are not calling it a bike lane they are calling it part of the side road which is exactly what you are saying~ I think that, I would like to be down there to testify against that myself~ Anyone else that wants to go I think we could. I don't know how far it will get, I don't know we can at least try. Morrow: I don't know either because the thing of it is if you want to talk about this from a standpoint of being another way of commuting we are looking at mass transit in terms of business. We are looking at in terms of the experiment we just completed with respect to rail. I guess from the standpoint or one stand point is we as a society can't afford all three. You can't spend what are now estimates ranging from $50,000 to $500,000 per mile for bile lanes and turn around and spend $60 to $70 million for rail right of way and turn around and spend other millions in terms of expansion of a bus system it just isn't there. (End of Tape) right of way acquisition is not complete. The numbers in terms of right of way now are staggering compared to what they were to begin with. So what we are going to end up with is sometime here in the next few months the structures by virtue of irrigation being done and then another contract that comes later for the road section. That also impacts our water and sewer upgrading we had in areas of that road. So the net effect of that is instead of having one nice clean project that inconveniences our citizens for a short period of time now we have a two phase project that increases the inconvenience more than just a few more months and it is less efficient So that is the practical aspect of what is going on with their decision~ So I think that we can make our points (inaudible). Corrie: Where are they figuring on the impact fees, is this across the board (inaudible) Morrow: Bob the scenario that has been adopted for the impact fees is essentially there are three collection methods. The collection (inaudible) for the urban area which \^/Quid encompass Boise, Meridian, Garden City and Eagle. There would be then a rural are which would encompass Kuna and should Start incorporate, Star. Then there would be a far rural area which would the rest of Ada County~ The benefit zones would remain the same as they are today. The equalization process would mean that whatever you pay in Boise for a house in impact fees would be the same in Meridian and the same per square foot for commercial and so on and so forth. So that part of our discussion would be more of what we found (inaudible). Now the problems exist as total cost, the total cost including these two things we have discussed plus updates of cost of right of way, cost of construction over the last I believe it is four years. That is how the fees were or the proposed fees were arrived at. The last thing at our meeting right after the election we were asking the City Attorney to look into campaign activities by city employees using the Meridian City name. I guess have you had time to do that Wayne? Meridian City Council November 18, 1997 Page 27 Crookston: I have not yet. Morrow: In our packet there is a proposed change in a member on the Parks and Recreation Commission in terms of Meridian Athletic Association, the status of that? Corrie: At this point I am still working with Keith, the status of that one it has to be a member of the board and the name submitted to me was not a member of the board. So I need to talk to Keith on that one. That is where that one is right now. Morrow Okay, that is it. Bentley: The Mayor and I went down and looked at the Eagle Fire station and found the layout to be pretty good. A couple of things if we adopted something like that I would want to change. I would like to see us possibly have the Mayor contact whoever to see if we can get a copy of the plans and have everybody review them and see if there is a feasibility of using those plans and making some changes to them to suit our possible needs~ Morrow Do we know who drew them? Corrie: Lombard Conrad, I can get a hold of Ernie and ask him. Bentley: I just want to say everybody got a copy of the dispatch situation. I just want to say I thought the Chief and his staff and City Attorney Crookston did a fine job of presenting our side of this. I think it really showed well in the court system and I thank them all. Rountree: We continue to get laurels on the March for Parks activity~ Meridian will be mentioned nationwide in a brochure and letter that is being sent around the country promoting March for Parks activities as the winner in the best event award for 1997. Again that effort just keeps building and building. We received a plaque for the City it needs some minor modifications it was presented to the Parks and Recreation Committee and should have been the Parks and Recreation Commission. We will have that to hang in City Hall. A note of interest the Eagle Road contract bid was opened this afternoon, the apparent low bidder is Central Paving and the amount I don't know specifically but slightly under the engineerJs estimate. So it is a matter of that being presented to the transportation board and hopefully we will have construction start sometime the end of December first time of January. The contract is set up to maintain traffic and the contractor is to retain a traffic engineer to handle traffic control. So we have had a fair amount of success in some other projects in Eastern Idaho having that setup. So there is pretty significant effort to try and maintain traffic through there. I was going to ask Keith, was there anything else brought up last night that I need to mention. I know Walt brought up a couple of things. ( Meridian City Council \ November 18, 1997 Page 28 r- ( Bird: (Inaudible) our acquisitions and donation committee. Rountree: Do you want to speak to that? The Acquisitions and Donations Committee met with the Parks and Recreation Commission last evening. We talked about general guidance and direction and tried to eliminate the issue that arose here not too long ago about some of us being a little surprised about what it is going on in the newspaper. Hopefully we have got that cleared up, they will be running those kinds of things through the Commission and whomever will bring that to the City Council. They have some areas that they want to emphasize their donations and or acquisitions effort on Tully Park is one we discussed the possibility of them providing volunteer equipment and labor for the tree planting. Generations Plaza they want to get involved in that as a functional body to try and identify donations trying to get that off the ground. They have also identified Fuller Park although it is not a city facility an area where they feel they can do some good in assisting Western Ada Recreation with a walking path. Those are three emphasis areas, their mission was cleared up I believe last night about them primarily being a research group or a group to facilitate donations, provide information to potential donors about foundations if we get one set up. Other foundations that currently exist that may potentially be utilized to either work monies through or get monies from grants, private land owners, corporations, etc. So I think we got ourselves pretty well squared away last evening with that group. Corrie: Is this a sub-committee? Rountree: It is just a sub-committee of the Parks & Recreation Commission and there is a member of the Commission that is the chair person and then there are some additional volunteers from the community that serve on it. We have a realtor and we have some folks in the recreation business. We have a developer or at least a builder, what other expertise are represented on that board Keith? Bird: There is an accountant (inaudible) Rountree: Kind of an outreach to get some expertise that was not necessarily represented on the commission. Corrie: I assume these are smaller groups (inaudible) you get a lot more done I think. Rountree: We are looking at there are 5 or 6 people that make up that sub-committee. Corrie: You get too big (inaudible) Rountree: The intent was for them to primarily help find information and help potential donors find the City of Meridian. That is alii have Tolsma: I just want to lean on that bike lane issue (inaudible) you can probably count on both hands your fingers the number of people that use those bike lanes a year and Meridian City Council November 18, 1997 Page 29 they stripe them about 2 or 3 times a year because of the heavy usage. Most of the kids down there are riding their bicycles on the sidewalks because it is hazardous for your health to be out there in the street especially about the time high school lets our or it goes to in the morning. You 'NiU find most everybody riding on the sidewalks. Bentley: Mr. Tolsma I witnessed a bike wreck the other day over what you were saying. A guy tried to get out of the bike lane and his tires got hooked up and flipped him off from all of the paint. Corrie: I have a couple of things then we can get out of here maybe. Walt where are we on those wage contracts that I gave you? Morrow: Our meeting is this week, Daunt is out of town I am meeting the five of them at a breakfast meeting at 7 a.m. Daunt is back tonight it is their choice \Nhether it is Thursday or Friday. Corrie: I would like to request that you take up these lease contract materials for the building over there for your meeting. Go through those, look them over. These are the basic lease provisions that the City Attorney has given me. All he added that the rentable space on the two for the Planning and Zoning and also the Public Works. If you will look at that over that will kind of get us started, that December meeting we maybe approve that. I checked, they are going to, Mr. Crookston, get those back to you that you made your (inaudible). One other thing that I did want you to pass on Gary I guess the Parks people thanking them for putting the Christmas decorations up, they did a nice job. Since the Chamber of Commerce gave us that duty they did a nice job. Smith: I believe that Ivy Hi Lift was responsible for donating the lift truck and as Dennis put it that worked very well. Corrie: If you will get that notification on my desk I will send them a letter thanking them. Smith: I don't know who was responsible for garnering that volunteer but Rountree: I think it might have been Brad but I am not sure. Berg: It was Brad, I just told him to call and see what the prices are and they were very generous to offer their equipment. I believe it was Frank of the Valley Nevvs that took a picture of them Sunday of them putting up lights and was going to do an article and they made sure that they were listed in the newspaper as donating that machinery for our use. We were working just a comment on your letter we were working on a plaque that maybe the City could give to Ivy Hi Lift that they could hang in their office as far as their donation considering what the estimate of three days of using that equipment could be charged to us. A small little token was too bad out of reach. ( Meridian City Council November 18, 1997 Page 30 Rountree: That reminds me we talked about doing something for Terry Smith and Lila and Malcolm was that in the mail? Corrie: We haven't had a chance to talk today but it will be in the mail. Morrow: I think the direction was we wanted to do something for the four or five folk or whatever was there and that everybody else got a letter signed by all five of us thanking them~ Corrie: Anything else to bring before the Council? Bentley: I move we go into Executive Session. Rountree: Second Corrie: Motion made and seconded to go into Executive Session, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow Mr. Mayor, I would ask before Mr. Bentley is it appropriate that we include the two Councilmen-elect to be included? EXECUTIVE SESSION Corrie: Back from Executive Session for a discussion of personnel matters. Any motion to adjourn? Morrow: So moved Tolsma: Second Corrie: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: Meridian City Council November 18, 1997 Page 31 ATTEST: (- APPROVED: ROLL CALL: MERIDIAN CITY COUNCIL AGENDA TUES..DAY, NOVEMBER 18, 1997 - 7:30 P.M. CITY:CQUNCIL CHAMBERS )( WALT MORROW \f GLENN BENTLEY Y MAYOR ROBERT CORRIE X CHARLIE ROUNTREE Y RON TOLSMA MINUTES OF PREVIOUS MEETING HELD NOVEMBER 5,1997: V'PpOI/e-- SWEAR IN NEW POLICE OFFICERS JASON PIETRZAK AND DANIEL CORONADO: ,~ ~ o-hI7~ TABLED NOVEMBER 5,1997: ORDINANCE #779 - TREE ORDINANCE: -i-aiJ/e ~ /.Xc. 2ND j/1l~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW A~SOCIATES LIMITED PARTNERSHIr;': ~ jJYPv e. -/1 ~ ie/ ( t1t! J:7 rll (/ e- de cJS / ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW ON RJ=QUEST FOR A VARIANCE TO SETBACK REQUIREMENT TO ALLOW SECOND FLOOR TO EXTEND 3 % FEET INTO SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: _ ap>jJrove.... .;:/;: 1 e/t. atPr-ov.e aecis/tn-- ORDINANCE #780 - ECONO LUBE N',TUNE ANNEXATION: apfJh;/V-e- tv / i-/l./ c.AaM-ffC J: TABLED NOVEMBER 5,1997: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: 61...p;;:;rovfV TABLED NOVEMBER 5, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. - EAST OF LOCUST GROVE, SOUTH SIDE O.F E. FAIRVIEW: ~,Pf'rc>v.e. flF f (! IL WPPrt?v~ FINAL PLAT FOR DAKOTA RIDGE ESTATES, 46 LOTS BY MAX BOESIGER - SOUTH OF USTI~.K AND % MILE WEST OF TEN MILE: -la6U ~ 1Jc-c. 16 ht-.~, REQUEST FOR A CONDITIONAL O'SE PERMIT FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CORNER OF FAIRVIEW AVENUE AND LOCUST GRO\'E: d)J}Jrot/-e d.lne~deO( -//~ lelL a;V1Frt7v~ de c/rI2,~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. ( (' REQUEST FOR A CONDITIONAL USE PERMIT FOR A SMALL IN-HOME PRESCHOOL BY LORJ;LL ROGERS - 3426 E. FLORECNE DRIVE: ct Pfl ;rot/ -e..- -/-V -/ I- c / L ct.-p;'7rl? v L de c/ 1> ~ Tel CAB~EVISION FRANCHISE FEES: ~7?JV~ DEPARTMENT REPORTS: ( CITY OF MERIDIA1~ PUBLIC MEETING SIGN-UP SHEET . NAME -~aLe .,. L(:)( e II koC\e r ~ ~ &tef~ 0 P,HONE NUMBER 2r~. ~~1-8 . ~l(r- 3~S- MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18. 1997 APPLICANT: ITEM NUMBER: 10 REQUEST: Tel CABLEVlSION - FRANCHISE FEES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~JL/ tupfO 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. ( We're taking television into tomorrow. ~ TCI Cablevision of @..~ Treasure Valley :RECEli'ij~ NOV - 7 1997 crrY Of ~JBlJml~~~~ November 5, 1997 Mayor and City Council City of Meridian 33 East Idaho Meridian, 10 83642 Subject: Fifth Circuit Court Decision Regarding Franchise Fees Dear Mayor and Council: As you may know, several years ago the Federal Communications Commission ("FCC") issued a decision clarifying its interpretation of federal law -- that franchise fees collected from cable customers are not gross revenues subject to franchise fees. Subsequently, the cities of Dallas and Laredo, Texas appealed the FCC decision to the United States Court of Appeals for the Fifth Circuit. ()n July 31 J 1997, the Fifth Circuit Court reversed the FCC decision. Tbis decision became effective on September 22, 1997. Tel's collection and payment practices regarding franchise fees have alvJays been and will continue to be,in compliance with current federal law and our franchise requirements. Therefore, unless instructed by you otherwise, in cOJllpliance with this Court's interpretation of federal law, we will include franchise fees collected from customers in gross revenues for the purpose of calculating franchise fee payments as of September 22, 1997. Accordingly, the franchise fee itemized on customers' monthly billing statements \^li!l be adjusted to allow for recoverf of the increased franchise fee payment. The net result of the new calculation is a rate increase for our customers. ff you feei that this increase in the franchise fee arnount is unnecessary, we request that .you sign the acknowledgment below that franchise fees should not 'be included in our calculation of gross revenues. If you return' this acknowledgment to me by Novenlber 21 st, I will not implement the franchise fee 'increase on customer bills. .' c' , If you decide not to sign this acknowledgment~ please note that the franchise fee calculation and amount~will be adjusted as follows on all customer billing statements beginning January 1998. Current Amount 5% 4% 3% Calculation as of January 1 99~ .05/'(1 - .05) . 04 / (1 .. . 04) .03/(1--.03) : I~mount as of January 1998 5.26% 4.17% 3.09%'- , Soise. Offic.e . .8400 Westpark Street . P.O. Box 44 'Boise, Idaho 83744 (208) 375-8288 FAX (208) 375-7500 An Equal Opportunity Employer In accordance with federal. law, customers will be notified of the change in the franchise fee via the following bill message: Please note that the amount of Franchise Fee listed above is slightly higher compared to your last statement. This adjustment is due to a recent court ruling which changed how we calculate the franchise fees we are required to pay to the local franchising authority. As always, please contact me at 377-2491 if you have any concerns or questions regarding either the franchise fee pass-through calculation or customer notification method described above. Sincerely, 0n(ft Dan Clark General Manager Tel Cablevision of Treasure Valley Attachment cc: Division Franchising Department I, , duly authorized representative for understand that a recent federal court ruling allows for a higher calculation of local cable franchise fees. I also understand that local franchise fees are itemized on customer billing statements. Accordingly, rather than trigger an immediate increase in local cable bills, I hereby authorize Tel to continue its existing method of franchise fee calculation, which excludes moneys collected from customers as franchise fees from the franchise fee assessment. Tel may act in reliance on this letter unless and until notified that local franchise fees should be calculated prospectively in a different manner. Signed Date ITEM NUMBER: 11 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: seTTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ( " Van Hees Builders, Inc. U. 410 S. Orchard, Suite 124 Boise, Idaho 83705 November 17, 1997 Shari L. Stiles Planning & Zoning Administrator City of Meridian 33 East Idaho Meridian, ID 83642 Dear Shari: Enclosed is the letter to the Plannin~ designation for the parcel of propert. have any questions, please con elY'~~ Enclosure Construction Management OUf Specialty (208) 344-9566 if>. " ,..t:t:aJ .i.~t;S~Lh \; ~!!b NOV 1 7 1997 I'li~ OF ~\ 1>7 .~.""'7,t, .e~ "!J A ~'i v,1 1 .I '4 ,[:12 tl~I i.{ ilhl~l ~~1J \ \ \ \ \ \ \ \ \ \ ~ge of zoning \ \ \ \ \ \ \ \ \ 1"], } '_~ ,c' 'Ole '- ," ~,'~ ~.~ -" ~~~Jh:.k ~Vj~~ i::.!J N 0 V 1 7 1997 CITY OF IijfIU!}!AN November 17, 1997 Planning and Zoning Commission City of Meridian Meridian, ID 83843 Ladies and Gentlemen: We hereby request that a change of the zoning designation be made to the comprehensive plan for Lots 1 thru 5 of Van Hees Subdivision and for the portion of the Kelley property lying north of the Ten Mile Drain. These parcels are higWighted on the enclosed plat from Ada County records. We request that the zoning designation be changed to mixed/planned use development, which will allow for development of this property to be consistent with the needs of the ommunity . ely, . ~ ~~ Enclosure R) .J ~ I . ---- "'r- · i 1 i I ~ i Ifj~' -. l<~y ~ R 0 f 'i,.,e. "'1' ---- . . ,-----\ :..1 . -,.--- \ .-:+-- '\ \ .:... ~ L--,\- - \ \ C, \----__.( 'I \ .:D \ ...J C ~ \ J N \ . \ ~ \ ~ ~ ( :.) ,'\) /.:::7 // R'i. ~ 1 ; II ~/>' ~/ . ':0 .~ /7 \. \., ; ~ ~ ..J./ ~<----:t 'j ;; :1 /,~ '. ~ Iii 'f.:i;; -:'3!~ C L: : ,'.J c',) ,- I l\J I 't) , ~ . ~ ;:., .:a.. .. lJU ; N I I : raI) , .'"- ,'~ I -.....---~------~__ i "'A L TI{ AN STREET q n ~ ':!"" -' .... AZURITE STREET ""\ ! - ::j ;; :; ~ RaT ...' () 9 s- :1 ...;. 2 \....,. ; V) ! P fR I M R OiS E SUB. '-. : 1 \ / ../ /~ ~ t ~ ':i\':. :.. -. ;>. :.:, r -. . : : r . (I ~l iVltH/UIA/V L'UIVI1-il1tHtiV0-/VC r'LAiV ( GE~tR.-\LIZED L..lND USE }L~ INFR.-\STRDCTIJRE PL..\NNING ~-\N_li YSIS COnIPREHENSn'E PL\N .\1'ID }lAP .illOPTED ON DECE1\ffiER 21. 1993 -- '~...... .4'f . - ,.-. _ ~ ....::...::..... - T .-1-' - .\ , ,~ 1 ;qOPOSED SCHOOL . :XfSTfNG SCHOOL ..... =110PIJSED fiRE .. :XISTfi/G ,=;AE ') 3TORAGE t'E~:" CRf\1)F:-; :u,rn. lL i'V R. lE --.. ----- - ~. . -(:: - -... --1- i ~::=- " ..~".~~ -~ '~..". , z ..,. :--, J -.J~._~ ~~ ~t _t- 4~~.s~:_=~--~~~ .R~ I:,~, ..<..~ -L .- . .... :~. . ,-. Z M'1 ~ E: :- ~~ ~ ~ ,...............- - ~ ., --:~- ~ }.. '-:"':"':":' -=- '- ~ =-~ ",: 'r. "-~~r....."--+""-",,--- ~-~ ...;- URBA.V SINGL: =AMILY qESfDE!.lr~L ----. -. -: :.t-==- . _ z · :X;Sil-VG, VEL{. :fIXED ~=S!DENTUL jI GEhEPJ.L . .iDUS~,~/;'L __iGriT ';DUS TRiA L . '~0.'~t,if,=rC.,~L ..J AGR'C~.;L i,~',=tAi. -- L~. 1 ~-'. L\KE' H. ' AD~- =~OPOSED . '. E~L ,\j ->~8.4N SER~.', CE ::LJ,".i"',,:'.G ,":AEA 20UNDAA\( ... /.1 PAC i j!-.REjJ 20UI~'JD.~Fl~' ::L'P.~_ =:5'C::', -'AI... ~--- , \~: ;."____.~.: ~J , '\: .Iv' ..\fPACT ~RE;' ;c.~US"",~::'.'T II .=:.JR:S ',IE ::C~L =.':' elL. ....- 1S .!fXED ;L.iJFvt/EJ #,'SE :=~:=__JP,'!=:~:: :- . \ t =.; -::';PE .J.': ;-w. FA 'f S C,:J." C;' .:. ,=1:_:: ~ ~...':.J~ -. 'E!, -; . ..: JA ; ~:.':". T'/ !~~ ._ \ ~~1\:.....; w.~.____..____.__._ .... __ ... ...' 'I t, -- IV ::;c:"': =:; ',' 7',-7..("J"'; .... . _ .. t....... _ ~_. 4E~JD.J":(." :2r~'~=:=:,::.' 5;,,: ~~_- -=: r,== ;z.~UL!:XD L...'\D , 311 '(o.i' ..- .... -.. ~~l~ 1 Main Construction Contract $634,748 Boise Paving/Asphalt 2 Engineering/staking $14.200 Civil Survey Consuftants 3 Power Supply $16,655 Idaho Power Company 4 Pumphouse $13, 1 00 Shared wI Turtle Creek; 29% of total $45,000 5 Tully Park Construction Budget Date: 23-0ct-97 Revised: 17 -Nov-97 Item Description TOTAL Deductions 1 None Yet Total Deductions: Expected Additional Costs 1 Detached Sidewalk/Sprink.ler 2 Courtney Fence 3 Pay Telephone Total Additions: PRESENT TOTAL EXPECTED COST: 5% Contingency: Total Estimated wI 10% Contingency: Working Budget Current Expected Surplus: Cost $678,703 recelt.---e~ 1/-18-'17 ~ / L- /h.~ JI~ Contractor $0 $10,000 (est from Boise Paving quote) $800 (estimated; in return for easement) $2,500 (estimated) $13,300 $692,003 $34,600 $726,603 $750,000 $23,397 c: \bwVn4\budget.xls 11/17/97 interoffice MEMORANDUM r'{! c: etl'.t!-cf 11-( 8- 97 elL f/Jzt; df~ to: Gary Smith, PE CC: File from: Brad Watson, E.I.T.;6<<.J re: Tully Park - Idaho Power Costs date: November 17, 1997 As you requested, I spoke with Mark Schooler of Idaho Power Company about the costs associated with providing power at Tully Park. The total cost listed on their work order request is $16,655. Line item #17, is 20% of the total cost that cannot be reimbursed if someone else connects to this service. Evidently, it is similar to our 1 00/0 administrative fee we charge on latecomer agreements (I did not know there was a possibility of being reimbursed at all). Second, he estimated about $6,000 is for the relocation of the two existing, southern-most poles. These are being relocated because they are presently in the parking lot entrances. Of the approximately $10,655 not attributable to the relocation of the two poles, approximately half of that cost would still be needed to bring single phase service to the restroom building. In other words, if we were not bringing in 3-phase for the future ball field lighting, we would be looking at a cost of approximately $11,300. Therefore, the approximate cost we are paying now for sizing the electrical service for future ball field lighting is around $5,300. Let me know if you have any other questions. n-13~li.A OWV\~ - ... · IV' h~ P<)k f4,IO(h-k~$bl0t?V: · \ i> S eVV~l Cl- ~ ~Ld ~ _ ~ -!i,3oo:-- 41 j ~ &VviCL 10 ~{cld-' z, !},?JOO,- ts I ~~ 66S',- c:\bw\m4\gs1117 .mem .dot (){' ~ t /"1 .h It; 5, - J- ~/ 0 to.- ~f NfrJ..e rM~ . ~'Jfs , from the desk of... Brad Watson, E.I.T. Asst. City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 (208) 887-2211 Fax: (208) 887-1297 [Q)~G={](QJ .~ lirO[Kl]@ I ~ ~~trO~[KI]~ O~~o MATERIALS TESTING & SPECIAL INSPECTIONS ;-ec.elv~d /J-18~ 9"7 (JIC/Jz.~ '~rl SERVICE CONTRACT Date: November 13.. 1997 Project Name: Meridian Waste Water Treatment Plant Job Site Address: City: Meridian State: Idaho Zip: 83642 Client(s) Responsible For Payment: Street Address: City: State: Zip: Contact: Phone: Fax: Services to be performed: See Page 2 of this contract Terms & Conditions: l. Client agrees to pay invoice within 30 days, or incur interest charges of 21% per annum. 2. Client acknowledges services are rendered at the unit rates quoted on the latest issue of Idaho Testing & Inspection, Inc's., company rate sheet. Total inspection hours are as necessitated by the contractor'slclient's schedule and local, state and federal regulation requirements, and not the responsibility of Idaho Testing & Inspection, Inc. 3. In recognition of the relative risks of the Client and Idaho Testing & Inspection, Inc., on the project, Client agrees to the extent permitted by law, that IT&I liability to the Client, in any way arising out of the agreement, shall be limited to 100% of the total fees and costs paid to IT &1. 4. Client acknowledges billing minimums of I hour outlined on most current copy of IT &1 rate sheet 5. This agreement is governed by the laws of the State ofIdaho and is entered into in the County of Canyon, City of Nampa. 6. Client shall promptly pay and be responsible for the removal & lawful disposal of samples, cuttings, & Hazardous substances, unless other arrangements are mutually agreed to in writing. 7. Services of IT &1 under this agreement will be performed in a manner consistent with that level of care and ski II ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. 8. If any party hereto commence to actions or arbitration proceedings to interpret or enforce this contract, the prevailing party shalt be entitled to an award of attorney's fees and costs in addition to all other amounts awarded by the Court of arbitrator. 9. Services provided pursuant to this Agreement are intended solely for the use and benefit of client. No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the express written consent of IT&1. 10. The Owner represents to Idaho Testing & Inspection, Inc., herein further referred to as independent testing & inspection firm, that to the best of its knowledge a Hazardous environmental Condition or Concern does not exist. It is further understood by all parties that the testing firm's scope of service does not include any services related to a Hazardous Environmental Condition or Concern. The testing & inspection firm, the firm's officers, directors, agents, em ployces, consul tants, or any of them shal I be hel d harm I ess from any and alII i abi I i ty arising from or relating to any and aU Hazardous Environmental Condition or Concern arising from or relating to the proposed project, agreement or contract. It is further understood that in the event that a Hazardous Environmental Condition or Concern is encountered during the normal process of work, the testing & inspection firm will take reasonable efforts to notify the Owner of such conditions. It shall be the Owners sole responsibility for any further action as required by law for remediation, abatement, removal or related liability arising from or relating to the Hazardous Environmental Condition or Concern. For revisions, deletions or additions to the above information, or questions regarding invoices, please contact the billing depanment within 30 days in writing. For questions about reports, please contact the Project Manager. We require 24 hour notification of our personnel. Dispatch hours are 8:00 a.m. to 5:00 p.m. Although we will try to accommodate all dispatch requests, we cannot guarantee that calls after 5:00 p.m. will be received. If a day's inspection is canceled (for any reason), please notify the dispatch office by 5:00 p.m. on the day prior to the scheduled inspection. Cancellations received on the day of inspection are subject to a 2-hour show up time charge. Standby time, mi5-scheduled inspections and re-testing will be billed on a time and materials basis. Rush Jobs will be billed out at 1.5 times the nonnal billing rate. In addition, all charges are portal to portal. Charges outlined in the most recent copy of our company rates will be in effect during our participation on your project. Please make sure you have the latest edition of our company fee schedule since our rates are subject to change without notice. IN"WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of _ ,199_, By: Client: By: Title: P.O. BOX Nampa, ID Operations Manager 447 83651-0477 Title: Phone: Fax: (208) 463-0003 (208) 463~9040 Page 1 of 3 D~[}{](Q) ~[N]@ ~(G1JD(Q)[N]~ ~[N](Go MATERIAlS TESTING & SPECIAL INSPECTIONS SCOPE OF WORK & FEE ESTIMATE Idaho Testing & Inspection, Inc. is pleased to provide materials testing services for the Meridian Waste Water Treatment Plant. The following Fee Estimate is based on the information provided Ronald Thurber & Associates and is contingent upon the terms and conditions listed on the frrst page of this contract. Scope of Work: Concrete for: Footings, Foundation Walls Scope: Slump, Air, Temp, and Compressive Strength Frequency: Slump: 1 Test perl Trip Air: 1 Test perl Trip Temp: 1 Test perl Trip Compressive Strength: 1 set of (4) test cylinders perl Trip Field Density: Parking Lot sub-grade Parking Lot Sub-Base Foundations Laboratory Proctor Analysis: 1 Test for Sub-grade materials 1 Test for Sub-Base materials Field Inspection: Plant Mix Asphalt - It is assumed that the supplier will provide mix designs. Scope: Density, Temp, and (3) Corings Frequency: During Placement of Plant Mix Laboratory Asphalt Testing Scope: Core Thickness, Density, S.G., and Oil Extraction Field Testing & Inspection Concrete Testing = 4 Trips EST x $ 170/trip Sample Pick-up Concrete = 4 Trips EST x $30/trip Density Testing = 3 Trips EST x $ 130/trip Field Inspection: Plant Mix Asphalt = 8 hrs/trip x 2 Trip EST Laboratory Asphalt Testing Laboratory Proctor Analysis = 2 Tests x $11 O/test Sample Pick-up Proctor Materials = 2 Trips EST x $30/trip Mileage Charges = None Reports.. Correspondence and Clerical (Lump Sum) $ 680.00 $ 120.00 $ 390.00 $ 720.00 v $ 250.00 ~ $ 220.00 $ 60.00 $ 0.00 $ 500.00 Total Testing & Inspection Cost $2940.00 P.o. BOX 447 Nampa, ID 83651-0477 Phone: (208) 463-0003 Fax: (208) 463~9040 Page 2 of3 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. IlBILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA 'CHARLES M. ROUNTREE GLENN R. BENTLEY CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH MEMORANDUM: November 17, 1997 To: Mayor and City Council Bruce Freckleton, Assistant to City Engineer ~ i{2;' ..'......., ". "'" ':.=. -- .b.. ~,f ~ .' . ~":."~ . ~~~k~k ~. ~u Re: DOVE MEADOWS SUBDIVISION Reimbursement of latecomer fee overpayment N 0 V 1 7 1997 ~~J' l1'-~ r :7 ,~.,.. - -, - ",-... ." k '!\ Ii' \vl n F1 v~ rf~L}XagJ~ftf~ From: When this subdivision was developed in 1994, calculations for sewer latecomer fees were prepared for the City by a consultant. The calculations told us the amounts that should be charged against each parcel that subsequently connected to the sewer main. These fees were then assessed against the majority of the new homes being built in Dove Meadows Subdivision. When we prepared the formal agreement documents for the latecomers agreement, we discovered errors in the original calculations. The fees were revised to the newly established data, however there were 59 lots that were over-assessed as a result of the error. I have summarized in the attached schedule, the owner of the properties with the fees they each paid, the fees they should have paid, and the amount of the overpayment. The question that we would appreciate getting Councils opinion on is to whom the overpayment should be reimbursed to. Jas Fi0'd 6~ tu/w e (/VU ,/? ~~ / ctLt/d~ (- ( ... (I) CD E~~~~~~~~~~~~~~~~~~~~~~~~~m~w;;m~~~mmm;;mmmmmmm;;m;;;;~;~~~~~ 8~~~~~~~~~~~~~~~~~i~~~~doddddddddddddddddddddddddddddciddm~~~~ m"'~~~~~~~~~~~~~~~~~~~~~NN~NNNNNNNNNNNNNNNNNNNNNNNNNNNNNN~~~~<< ~m***__**-*--**-*---*___**___*_**____**__**0*___*_***_______* -I~ ... - Q) CG S~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ U<~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ !:;;;~~;~~~;~~~;;;;;~0;;~~~0;;;;;;0;;;;;;;;;;;;;;;;~;;;;;;;;; ...ILL. ~~iiii~i~~~ii~~~~~~~~~~~~~~~!~~i!~~~~~~~~~~~~~~~~~~~~~~~!~~~~ C~~~~~~~~~~~~~~m~~~~~~~~~~~~~~~~~~~~~~~N~M~~~M~~~~~~~~~~~~~~~ CD "3 -a ! u UJ .. c Q) E Q) f ::::s .c E ~ t! G) E o u CD !i i~088g08080000000000088g0008g00088000088800800880000800000000 oQ:C! . . .q .q .C!~qq<=!qqqqqq . . .qqq . .qqq . ,~qqq . . .qq .qq . ,qqqC! .qqqqqqqq g!~~~~~~~~~~~~~~~~~~~~~~~~*~~~~~~~~~~*~~~~~~*~~~~~~~~~~~~~~~~ ~-~~~~000~00~~0~~0~~~~0~0~~0~~0U~~~~~0~~0~00~~~0~~~~U~~0fi~~~~ ...ILL. ~~~~~ ~~ ~ ~ ~ ~~~~~~~ ~~~ ~~~~~~~ ~ ~ ~ ~ 00000 00 0 0 0 0000000 000 0000000 0 0 0 0 =~~~ggggg~gg~~g~~~~g~g~~ggggggg~ggg~~ggggggg~g~g~~~~~~g~~g~~ ~0000000000QOOOOOOOOUOOOOOOOOOOOOOOOCOOOOOOOOOOOUOUO~U00000U ~bbb~~~~~b~~bb~bbbb~b~bb~~~~~~~b~~~bb~~~~~~~b~b~bbbbgb~b6~bb CUUU~~~~~U~~UU~UOUU~U~UU~~~~~~~U~~~OU~~~~~~~U~U~OU0U~U~UO~UU ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~<~~~~~~~~~~<~<<~<~<~<<~~~~~GG~~~~~~O~~~~~~<O<~~~<<O~~<<~~< mWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWZWWWWWWW m~w;m~~~~m~~~~~~N~~~~~~N~~mN~~mNMM~~M~~NOXMM~N~~~~NM~MO~~m~~N ~...~ ~M~~mM~~~~~~~~~M~~~m~N~~M~~~~~~~~~~~~~~~~~~VV~~m~m~~~~~~g ~~~N~NNN~NNNNNNNNNNNNN~NNNNNNNNNN~NNNNNNNNNNNNNNNNNNN~NNNNNNN <D OOO~~~~Mm~MmmM omm~~ mmm~MM~~NON~~OOM~~M~ ~O~o~~o~oro~ 0000 ~~~~M~~~~~~~~~ ~~~M~ ~~~M~~MM~~~~~~~~MM~~ ~~M~M~~~~~~ ~~ ~~~~~~~~~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~N~~~~~~~~~~~O~~O -N~~~~~~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i~~~~~~~~~~~~~~~!~~ oowoom~m moo~~rooow~~~wmmmwwromro~~m~ro~wwromm~~mmo~~~~moom~~romom~omro SQQQQQQffiQQQQQQQgQQQQQQQQQQQQQQQQQQQQQQgQQQ~QQQQQQQQQQQ~QQ~QQ ~Szzzzzzszzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz~ozzzzzzzzzzzoozzooczz ~0~~~~~$~$$~S~$S~~~SS$~~$$~~$S$$$$$$$$$$$$$_$$$$$$$$$$$Q$$_$$ ~ ~QQQQQQ~QQQQQQQQQQQQQQQQQQQQQQQQgQQQQQQQQQwQQQQQQQQQQQwQQwgQ ~ ffiffiffiffiffiffiGffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffiffi~ffiffiffiffiffiffiffiffiffiffiffi~ffiffi~ffiffi ou~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~g~~g~~ s... ; G) U) C o :Ii > :s .c :s tIJ ~ -a as ~ ~ o C ~~~ ~ ~~ ~ ~ ~ ~~~~~~ ~oc~ ~~~oc~ ~ ~ ~ =~~~ggg~g~gg~~g ~~~g~g~~~ggggg8~gg8~~ggggg g~g~8~~~~~~~~~~~~ &00000000000000 00000000<00000000000000000 OOOOOUOUO~U~UUwO. ~bbb~~~~~b~~bb~bbbb~b~bbO~~~~~~b~~~bb~~~~~ ~b~b~bbbbOb~bb~b~ ~~22~~~~~Q~~QQ~~~~~~~~~~~~~~~~~2~~~Q2~~~~~N~Q~2~~QQQ~2wQQzQI ~~~~~~~I~~~OC~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~g~~ ~<<~~~~~~~~G<~G<~<<G<G<<~GG~~~G<G~~<~GG~~GxG~~<~<<<<G<m<<w<~ ~wwwwww~wwwwwwwwwwwwwwwwzwwwwwwwwwwwwwwwwwowwwwwwwwwzwwwwzwz ~~om~O~Mm~~mM~~~~~O~~~N~~wN~~mNMMm~M~~NO~Mm~N~~~~NM~MO8~m~Mo O~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~@~~rere~re~ w ~ ~ en $ ~ < ~ ~ I-- Q ~ .l!i ~ ~ :l ~ ~ ~ ~ a;: 0:: * ~ I ~ ..J G) > t! 0 0 0 I- ~ ~ ~ CD Ol G:I a.. BUILDING DIVISION - Phone: (208) 364-2277 PLANNING & zq c/ C Jnfrt f~:Jfr /1 ~t ~ l!etffr-fs 'J~;~ ADA COUNTY DEVELOPMENT SE.RVICES 650 Main, Boise, Idaho 83702 REtC~l\/EU DATE: March 31, 1997 NOV 1 7 1997 Ada County x Assessor _X_Building Div~sion X Engineer -X-Parks Dept./Donna Griffin X Zoning Division/Mapping X G.I.S. X E.M.S. X Pest Control Utilities x Idaho Power X Intermountain Gas X u.s. West __X_south County Water Co. __X_Dept. of Water Resources pee.~ /2J?- VI~euY I//~ Ig,~ 17 em O~ :' " ~">----. T"~","" l'.' t!. ~.,. , . .. - I. 1L~ ~VJ ~.I 4~' ~ ;1 ~l 1 &~ ~J~ ~ i . i1' ~~5 e..,,~:\~ fUr ~Z !;i.1 -:J TO: Other Agencies __X __:Pda Pldrrri.Iq As!::n/Mary X Air National Guard _____Boise Airport Director __X_Boise Planning & Zoning _X_(lO)Boise Public Wor'~ X Bureau of RecJ- X Boise Pro~ _X_Nampa- _Drainac.:, _Sewer D, X Central XU. S . Soi~ l?VV J lUff r r;^ifl Iv /0 ~t G of Lan:i ~t Fire Department V Fire District o Abatment , Library ty Highway District Cemetery District 1chool District ~~~~~;r~~ ffice ,.: Alliance : Environment FROM: Bob Unger, Pi RE: 97-08-PDRJ97-05-L ~NER Ada County Development Sel _ amended application for a 120 lot (107 residential, 7 common and 6' Ct _ .'-'111led residential/commercial dyvelopment; and a zone change from RSW (South\ J Aesidential) and RT (Rural Transition), to LO (Limited Office) and R3 (Low Density Re~ ~...d). The property contains 72.01 acres and is located at 2501 S. Cloverdale Rd., Boise, Id., near the northwest comer of the intersection of S. Cloverdale Rd. and W. Victory Rd.; in the SE Quarter, Section 21, T.3N, R.1E. This application is scheduled for public hearing by the Planning and Zoning Commission on April 24, 1997 in the Les Bois Room of the Boise City Hall, 150 N. Capitol Blvd., Boise, Id. and is scheduled to begin at 7:00 p.m. Please submit your conunents, on Agencv Letterhead.. by March 13, 1997 (make specific reference to the File No.). A non-response shall be considered as "No Conunent". ATTACHMENTS: 1. Applicant's Statement 2. Site Plan 3 . Vicini ty Map 4 . Land Use Jipplication 3-28-1997 1 :39PM FROM PINNA~_~ ENGINEERS 887 7760 P~2 P][NN ACLE .Engfneers, In.c". TO: Bob Unger Ada Count)' Development S~rvices 650 Main Street Boise, ID 83702 VIA FAX DATE: March 28, 1997 RE: Muir Woods Subdivisiun Dear Bob: As we discussed at last night's Planning and Zoning hearing, the developer for the above project desires to change his request for. the' commercial portion to L-O limited office instead of C-l neighborhood .commercial. We understand that renoticing of affected neighbors. and rehearing is required. Please ad\'ise us of the cost and \ve will deli'v.er the required fees. . . If. you have any questions or comments regarding this ~a!te~ please contact me at (208) 887- 7760~ Sincerely, cc: f'ilc #96509 Walt Wanner - State\vide Construction, Inc. ~ -.... " '- ; ': .....\. ...-~ . . . ~ ...- ~JI'... . i I , , I ,/, " '. I' .. ,P][Nl\T A:,CLE' ..... ~ . ........ / Engin~~rs , Iue. ~ + .- - .. I " TO: .Ada County BO.ard of Commissioners .650 Main Street Boise,ID 83702 VIA: . Ada COllnty Planning and Zoning , . R E C E ! 'lE,D, DATE: "February 14, 1997' FEB 1 8 1997' - I RE: \ Muir W oo4s Subdi\)ision - - - P:D," COUNTY \ ~. ,Dtl~1L~~~l SE.~.~~~ Cominissioners: -- . .' - / '". .. We are submitting on behalf of Statewide Construction, an application for rezone from RS\V ~d ..' -RT to R~3 and C-l, a Planned Development plan and Subdivision Preliminary Platror 72.01 ac!es located north and west of Victory and Cloverdale Roads. The proposed subdivision consists _of ~ 07 single family residential lots, 8 common lots and 6 commercial lots. We are proposing construction in 4 phases starting at the north end of the project. I ~ The subject property is currently zoned RSW and RT -and is being farmed on 'a portion with the remainder in pasture. There are no existing s!mctures on the proposed subdivision property. Water service is available from South' COlmty \Vater Company in Pepper Hills Subdivision and _ Pepperwood Subdivision and will have to be extended to reach the property b01l11daries. Boise City Sewer is available in Pepper Hills Subdivision and is scheduled to be extended through Pepperwood Subdiv~ion to Cloverdale Road at the northeast comer of the site. This subdivision will continue the trunk through to the Victory/Cloverdale mtersection as per the sewer masterplan, Gas is available in both Victory and Cloverdale Roads. A portion of the site is in an area identified by the 1989 Southwest Community Sev,;er Planning Area Study for Boise City Public \Vorks as having high groundwater levels and the far northeast comer is in the 100 year Flood Plain. As such \ve are submitting a Level One Groundwater Study and have commenced grolmdwater level monitoring for a Level Two Study as required by Section 8-8C-7 of the Ada COlln~"~<?de."" The site is bounded to the north by the Ridenbaugh Canal, to the northwest by farmland, to the south'vvest by Ranchos Los Altos Subdivision, and to the east by residential homes fronting Cloverdale Road. Each home \vill be provided \vith central sewer and water and pressurized irrigation. Future right of \vay' and landscape bllffer lots are being provided on botl1 VictoI)' and Clo\'erdale Roads. 870 NORTH LINDER SUITE B I rvfERIDL~'I. IDAHO R:iFi4lJ I f?nR1 RR7-77M I ~Ax" (?nQ1 A.Q7..77Ql -.,,' ~'\ - - ~ .... ./ . ", - \' . :,' , ,,' - -~ ! ,\ _-t.... . :....0 .---. '. .,!I ',- )..- . .:.. ,('" ". , :, ../' . " f' -; .':;- .-; -. ... .. '-' ';/ ... " ~ ; ..,~ I' , "... ;;.... It ;; .', /'\ l. ... . /. I " ~........ ~ ". J I . . The d~sign' of the project Is .to" provide a higher end -~subdivision which matches' exi~fing developlnent ."in 1his area. The requested R3 zone allo\vs. 18,000 square foot lots within .,the - - residential portion of the project. The majority of the lots meet this 18,000 square foot .rr:.inimum size. Central to the subdivision is a.4.3 acr~ park 'area which vvill be. landscaped \vith running -water.. : . and pedestrian 'path~ays. . Some of the lots ~bllttingthis area have been reducea. to approximately ~- 15,000 square feet with the sm~llest .lot being approximately'13,~OO square feet.. The fronta~es . .' have maintained the 85 feet required by the .R3 zone. - Lots into the southwest bOlmdary of the '. , subdi'vision adjacent to the ,2 acre lots i11 Ranchos Los Altos Subdiv.1sion have been increased .to 1 . . acre parcels to provide a variety of lot sizes and a better transition. . . ~ - - . ~ . .' \ " - ..,. ........ .. . '," . "... .... _\ The northwest corner of Victory and Cloverdale Roads (solltheast comer' of project) is propo'sed lor I . , \ . commercial use. It is the intent of the .devel<?per to allow a C-l type used in Block 6 and office u~es, .' in Lots 24.and 25__ of Block 2 and Lots 30 and 31 of Block 4. We feel that this PJoposed' .comme~~ial use. is appropriate in this' area as it will be primarily for the benefit of homeowners in~'. . the subdivision and the local.area. . "\ . , -. - We look fOD.v8Jd to YOllr favorable consideration of this application._ ' ... ,I ./ "1.. ~ If you have any questions or corriments regcirdigg this. matter please contact me at (208) 887-7760. '- _ , . David A. Bailey, P.E. cc: File #96509 #~ S U) ______ t:t: C'i) t:t: ) ~ ~ ~ ~~ ~_,.... ~~~ C'i) -- ~ ~ ~- ~ a::: -- I- = ~- I ~~ )f~ -- I 0 31VOCl= i- n::: s U) n::: ~ a:: Jl~ ~Jr- ~= =", t- LJILU< - /1 \~ ~~ .\1' C'i) ~h~f :'~ ~~~ 0:: ~ 'v~ /~ ~I / - 1\\\\ \\W\ \\ \\\~ \~\IL' Lt: ~ \ ~\ llffililllUJ III j 1 ,. (f) . '"^- I I " I I , . . ---~ l\.. ()' I I l /J ~-" B 0: (. ~" _':; \ 1 f · ~ ~ \..,- 0::_ I~"- r 9; -ex: --< JQJ ~ n- ~,-~",- ~, ~ 'C - H~ ~ 0::: .. \ / ~ ____t....~ , .-- "1\ ~ ~ -) I U:: /1 ,,- I 00 - r !. c~ ! ~ ~ $ ~ I~ WV l~~ ,~~ ~ 0::: - ~ / ~~~ ~~. ~- r") ~ t- If ) - > I ~ & ~ ~ I.. ~,,~ ~"" rr , z n:: ~ (J \ \ I l- n:: c U IHr::f-l1 I I l- n::: I v---- r- ~ ----l o t: ~ ::z: :J' \ FhuLIMINARY PLAT FOR MUIR 'VOODS SUBDIVISION A rORTION or nlE SE 1/4 or StCTlOH 21 TOWNSltlro :I HORTII. RANGE I EAST. nOISE WERIDIAN ADA COUNTY. ID"~O,:::~/ ~~ i , ~ iA ~!' r...~ 'JJ ~I J i .. i;j ~ ~. I!.! / UI.\. ( ,,",0 /iti . ," G;............... ,~~....~ ) .J (Jhk..' <-I " <) < >()() () ) .- <) ( ) < ) ( ) > . () () \ () - <>(, I: '/4 n.....c: 11 (\ (jCDJat!21 <) , () () - ( \~~I ~f · .. ~ :t!;: . ... - '. . ,... , ~i I :;l I bl ~I I :2:i. . t~:J"g'. \ .' ~ I 1 P4' # ;~~' I r ... . _" - .' - ,- l~ ~:.: -Ii::: : : m.i C\l"tP ~ RMICIIOS LOS ALTOS suaOIVISION % o ;; ::; ~ ~ \0" \0' ..crt , (l('V,l.rc+olo IIHelf("'CCO TO IN ,. AS ~ COl rlOOO .....~ lUle "... Co<Ou,......I' I'#<(l H\lWq( II I K'OO I Ol).C 0( C( UI( 11 11 '1". 1 ~.-.u.. ItQ,JltO 10 ~ 11(1(..10'1 lOTS \oU. CVO'II, ~n(ltS. ~ A. ~l:." !)It..O.fot "I"!o I (\I ...,., Ol 'So \IOJIC.( 0 10 fh( 11'>0( Jot&lUCH c..v.x. AI ~ OC'O'( lOP<.l ( .., .... :t ~. J ~S(W(1<'S 10. U'iIJl"o(s. ~r'lCN M<J ~ WIll ae AS rcu.o--s, . IT (..I.S(W("I ~tlll '0 JNr ~ fnOoot OT ....T . '1" W(vtlll ...r EJI(1t1CIA ~ ""1) AOt<C ,lh(I(1<&,VOi ~ "'0<' ($ ....., . 12' wr..flHS C("I[~O ()oo ..rt.-.c:.ot lor l'Oo(S As: 1I[0lJlI'I(0 ~ Ul'l.Jrr ccwo.......U. - !IO" lIlCllI (:I _., I~ C(/(T{1II...I'o( or JhO(lol3oAVGH ~ . SIll'( [1 Sf C !lCH'> 10 It Ii .lCC 0fI"00I0I'< [ ..., n I .0.0 l(I N<<:J 1 S ,.... e. S f ~~ . Cl(JI.t.ttW1 ~ .... ItO'If IltOV a. ../~_). 1/'1 SIII((t stelOl (fUn".{ 17" fOI.ll) # 'l'C10lI"I' IlCWl 40" ~ r"C)o.l C\, -/n 50' '17 Sflt{(t SCCfICN (fV~ ,.' 'or....) . IOI~L Olll'o{ N<<J CCV".NII l~ . W 111:)>0'/." Slllt(t S(ChO>f . ....l onl(III 5Iltl[I'f, ~ ~I J" Sl~ (I SlCf'OOt n c G f e.. , piCou:: ....'lr I I , . I \ , I, GENERAL LEGEND EMI'l'oG ~ OIIC1'4 f '",:1"":' -.c.oP"CH ll/<o( (1'"'-1'"{ SilO (I.SnoC c....s ~ (PJ"C:; Si 1 C) o "J; (:1 P<>CT"';:'S{ 0 SA "" I J,;t:T SI""," ~00l( "~ot""l:,~t -J- --n- -f- h(a' ~W(a l-..( 1<(. S'~ ~ h[W ..:r=- II"<!: (lf1~C (';:GI" cr ,....t""(..1 &..~"..... ,....( ~~I (r..l('1 uo,( .o.oc-,," 11-0.1.0(. ..., f.,.~ W~'(1I v......1t ".: (:t "~Cl. ~ 01 l-----l- (:1 f'C'O!.=- ~ ( I'~(" f"C~ ( . ! Ct.... .,.( C(~~"'i '''(( (c......i'l:-1) ~ (10.( C :<:.. 0'" 0............:( IL~'" tc-......-o ~~s ""'.. r CI\NJ " 'f" ""Coo ..... CH"J~Q ~ C~,~C"lQ< Lor SU\,lLl,lny lPe~CA "C'4 C!S ''1 :" &UX..c keo:: I III 0ClC I ....'.n ,.....~U ........';.....c.. II.COl J )) \.~rs/"'",,;.( ,,0C>t 4 II. OCIC " SM.....:l ~. Lot . ':" -j ~-~ .- ~ e.:. OCl( . l....:x~: lor -, ~" ~ ' . IOU.. Ir'<;'.t.a..l. C(..'~"" . ~! . ~ ~"'C-'l{ f:(A. $' II( s.<< "1'1.A.I. Ct'oo....c>-o C':>o" . II ,) .....---- 11 f "" :-~. JI U I ..:.>-0' I<O't( I r..oo- ( fK"I'<': 101 . , "..~ . )~ , I r~j C3 f I':, ~<,'l ~ 'lCCX.......... C~I.....OO::l f fliOIJ..(:) C~"\J .. CUll f'l ... 4' "..oOlH",~ AS Pl'l SO leI... 114 ze:r~AilU~( ~'[""'~ ... )" $0. "N.( ." 1'(4 so 10' .to nl ~ ""{SI.'I-'..>.H /Wl"1 Cn'HoPfR ~I"I'\,.'C>>- 1::'- S "VA'ocr .-'or "l':'~ c.....o 4_F';' C~~.&.l l~'S Co..l.IO>o .....w ~ ~,. ~t1~". ~ :JO~ I ~ i'" " ~ ;i I ~ PIN~"~"_(~! MUIR \/\lOGOS SUB D I V I S lOt',! . t. I I . I II ; I : ~ I' ! i I . I i I i I : , i .::36 . n _ _, 1,., _ __ C',;?,(//l.L . RSW fI\'U I R Wooes 6&)6 . I I I . : ! I . I I I 4.NCkO' 5 + 19 RSW I : I I I I I ~ I ~I -~~ !~ i~J I~I ~: \JI · 1 je,OIl/J JON ~ ) . . .~. ~ ~~_.. ..-. ~ t . - - ......-..- ---- .:;\ ~ 5 G os AL70S 0 . I< {LiE .;. (]) :3 8 .. - - ...... ~ .. -...-- -..--- .-.. :22 ,------ / .0 uO~ r ~ ~ .1 650 Main Street Boise, ID 83702 (208) 364-2277 l!'iSTRUCTIONS 1. Submit detalled letter explaining application. 2. 8thtt x 11 tt SCALED SITE PLt\N SHO\VING ALL STRUCTURES. 3. 8 th." x 11 II aerial of site. (This may be obtained from the AP A Mapping Division, 3rd Floor 1 650 1vfain, Boise) 4. Submit lit =300' scale zoning map. (This may be obtained from the APA Mapping Division. 3rd Floor, 650 Main, Boise) (please outline and/or highlight your property in question and indicate North on aerial and zoning maps). 5. Submit evidence of proprietary interest. (This may include a Title Policy showing interest, Land Sale Contract showing interest, Recorded Warranty Deed showing interest, Option to Purchase. Leased Hold, Earnest Money Agreement.) 6. Submit proper fee. (All zoning fees of $100.00 and over require payment in either cashier's check or cash.) 7. Applications are due on or before the 1st & 3rd Monday of the month by 11 ~OO a. m; 8. ALL APPLICATION COPIES SFLL\LL BE COLLATED. 9. INCOiYIT'LETE APPLICATIONS YVILL NOT BE ACCEPTED. 10. Required Neighborhood lvleetings are to be held by the applicant 14 days (minimum) prior to public hearings. ADA COUNTY DEVELOPlvIENT SERVICES . LAND USE APPLICATION APPIJCATION FOR: (Check One) _Appeal (Admin. or P&Z) _Comprehensive Plan Amendment Conditional Use for _Group Day Care Home (7-12)) H.O. _Group Day Care Center (more than 12) C.U. Home Occunation - ... _Lot Line Adjustment _One Acre Split ~Pla.nned Development Private Road Rezone: From _Sign _Special Exception _Subdivision Plat t;:. _Temporary Living Quarters IflifB 1:, : _Traffic & Development. Plan . ;. 8J !frf"~) V · t;... A ~ '. _ anance 6~!. ...)~:" Z · 0 d" .Am A.:.....-::..:06.. C;"")/ '..' onmg r mance enu.Lllc~j1.~..,.",:,,:j.A:":-., . - -- .....<.."1-:..-'1/. Zonina CertificatelInquLry .~~~~~t... - .:J ,'.,. l;/,~ ... _Other t.)~gs ~sc 12.1 " Ii /) SITE P.JFOR1\1ATION: Location: Quarter 5 E- Section ZJ Township 3 N RaIlge J E.- Subdivision Name: N\ LJ 1 R \}J CO 0...5 Lot SiceAddress: Z.;;c,.~. c.l.-OV.f=..R-CALE ~D Exist!..!1gLar:d Use: Ta..x Parcel Number 5 II Z.I Lf I (z.., 1 t; &> " 2-1 't J 7 ZOS ()\~~R OF RECORD: ~2..:7:e: M.ttuKl~ G. AND CL..:A(2.A,E, GR~Y p.~:':cress: /' ~ 0 1 SIC LO'l EK:.D~ Lt:. .r;?.. 0 C!cy: C;CJ LS E: State: tD Zip: ~.3 J DC} 7~~~.....i:O~~' r:2 -; t-.. - J ~ ~ ""2 .. .....~\"O.:-'.J. 1~""'. ~ --..J ~. ..1 / Total Acres: I Z , 0 I Block -- Zoning: K c, \N / t:t.\ ~ A C:> ~~~~: Name: ''''1 At-I "-NA 1\11'1 E R . l\.cdress: l-J Z 2.. ~ S. R \ \I A KI {) ~ 'E vJ-".~ . City: 1'-:6 l.~ E... State:~Zip: rz. ~ 70 q ,....... 1 · - -7~ - . le~epnone: 7,~Z- - L,_~ I c::~~e:1t to the st:bmiss:on of the applicaticn 2ccom ~ ying ~gnature: (Applicant) (revised 6/95) II O::FTCE USE QNt Y . ~I FILEPiO. C;7-Q 3- fO/2 /c;7'0)_l/~EE:S 3) G;7S.oo :1 i D2.::: Receive::: 2 - / 8 - Cj 7 ~ecrbg: P&Z 3/27 /7 } BOCC il Zo:::...-:g: (l.f:>vJ I (L T Nee:!. ofCicy Impact: Dol 5 f / U .S.P .A.: no J Sf X-Ref. ?<O.: :.'1, P · L V L!. q ~ork in P;ogress /__S_~T~...Ded ,./" . os:e:::: og r.is.ory lV.ap y _ //~ _ .... ..' J PLAN~~R: ~J~ 5T .;..:F: / 7-o~-Z .c ( 1:1 . , ( PRELliYfr-'\RY DEVELOPrvIENTIPLAT APPLJ' 1 .TIU!~ \. REOUlRED DOCUNIENTS: 1. 20 copies of this application form & Land Use Applic~~ion with required documents 2. 20 copies of the plan/plat 3. 20 copies of legal description 4. 20 copies of 1 It = 300 ' vicinity map with a 600' radius 5. 10 additional copies of the above referenced documents shall'be required of any proposed d~velopment involving the submittal in an area of city impact . 6. A g:r;ound water study for applications within the area of the Southwest G€neral Infonnation: JOi ~810Er:rr~L ", GorN^ oN No. of Lots ~ 'C-D~FJ2GIP.t- Lots/Acre . l-zOT6T-AL. Domestic water (water company): ,-SOurH CoUNT'i W AT~r<. r. ~ I' Total Acreage r .2. 0 0 I # Sewage (method of disposal): ~Q?ol.st. G-IT'1 ..5E'N ti< Fire Protection District: \f.J-H 1 TN E 'I Ir:rigation District: N A.f'^P A - N\ ER 1..0) ~ N School District: SO) $:.. / N\ r=:~ \ 0 ! A N I Nearest School: LA fL.'t- +fA 7E L- City Area of Impact: P-D J\-S E J PotZT 101'1 OF N\:C~lD}~~ J (Owner of record) Date: (A'pplic~t's Si2;n~tu5e) J1 4/ /lL-rtF'6- }L W /f-?!/A.J67L, (printed Name) Date: ~ "' / if -1 9 7 I consent to the submittal of this application. Project -Engineer/Surveyor DA 'l rO QrA I ~ -f -? 1 N N A CLE EN 6 I N E ER S \ I N G (print Name) (Address/Zip) J '7) ION. LI tJ D ER ~ ~ (1;; N\5..f?- L1) ) AN, -:::LV) ~ 3 ~t-f "2 ((Address/Zip) (Telephone) -z.oq') CO<gJ-/7~O rrelephone) ~D '2.\'J ~ f\t.C "\ '0 \CdCdl tt\) l- \) (>. CO IJ ~ ii B \) \ ('; \;. S _ ~~O ~\'EJ-\1' D ;.\~I c L...... FINDINGS OF FACT AND CONCLUSIONS BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF SCOTT REECE FOR A VARIANCE OF THE SETBACK REQUIREMENT APPLICATION 2311 N. HYDE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on November 5, 1997, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 5, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 5, 1997, hearing; that the public was given full opportuni ty to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that a hearing on the matter was scheduled, noticed and held on November 5, 1997. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 1 v the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, requires that residential structures be set back on the side yard lines 5 feet per story from the property boundary where the structure is built. 4 . That the Applicant has requested that he be granted a variance from the above side yard set back requirement and be allowed to leave the structure in the same place. 5. The property in question is described as Lot 6 Block 1 of Kentfield Manor Subdivision. 6. That the property is zoned R-4 Residential. 7. That this property is located within the City of Meridian and the Applicant is the owner of the property which is described in the application which full description is incorporated herein. 8 . That the Applicant has requested that he be granted a variance from the above yard setback requirement so that the extended second floor of the residence structure will be in compliance with the City of Meridian's subdivision ordinances. 9. The Applicant stated in his hearings for the Variance as follows: "This is a request for a variance for a structure, a single dwelling home that has been built on 2311 N. Hyde where the second floor cantilever extends 3 feet into the setback. FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 2 ( The specific structure has been built in three different locations throughout the Boise Valley. The Ci ty of Meridian is the first time I have ever been requested to apply for a variance for the canitlever based on the same thing. We have always gone to the foundation and we have done 2 foot overhangs or 2 foot encroachments wi thout any problems before. This was put in at the request as was stated by the Ci ty inspector." He then requested clarification. "This is a cantilever on the second floor. This particular structure is a tri-Ievel and this is the two story section (inaudible). The structure immediately to the left is the main body which is main floor and the structure to the left of that (inaudible). It is a side entry garage." 10. Councilman Morrow desired clarification of the setback, that generally setbacks are exclusive of eaves and porches, overhangs, etc. Councilman Morrow's additional comments were that of communities with setbacks that were determined by a foundation that setbacks are exclusive to foundations, eaves, porches, overhangs nor bay windows are not considered without foundation or not considered or held to be an encroachment within the setback. He questions if the City of Meridian is out of step with the rest of the communities with the Treasure Valley. Additional comments from Councilman Morrow were to give direction to the staff as to council's definition to what a setback is. His understanding by the map is that this is an overhang over a driveway above a garage. A side entry way. 11. Sherri Stiles commented that this variance was requested by Daunt Whitman because the Applicant did not meet the setback requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 3 12. There was no testimony offered stating objections to the Variance. 13. Neither the City Engineer, Gary Smith, or the Planning and Zoning Administrator, Shari Stiles, commented that they had any objections to the Variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4 . That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419 A, of the Zoning Ordinance are noted which are pertinent to the Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 4 ( ; 11-2-419 A. The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non- conforming use of neighboring lands, structures or buildings in the same district and no permitted or non- conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C. FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 5 ( 3. That the granting of the 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; 4 . That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7 . That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the Applicant would have to relocate the proposed structures to be constructed on the property which were not in existence at the time that he desired to purchased the property; however, the people that are living in the trailer court and the owner of the trailer court have not objected to the Variance and have agreed that the Applicant will do other things to protect the residences of the trailer court. 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the set back Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the set back Ordinance would result in extraordinary hardship to the applicant as a resul t of factors not self-inflicted. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance altering the interests would not have the effect of and purposes of the set back FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 6 Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED~ VOTED MAYOR CORRIE (TIE BREAKER) APPROVED: DISAPPROVED: DECISION It is hereby decided that the variance of the set-back ordinance is hereby granted. MOTION: GRANTED DENIED city\variance\reece.ff 11/17/97-Final FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 7