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HomeMy WebLinkAbout1997 10-07 ( / \ MERIDIAN CITY COUNCIL AGENDA TUESDAY, OCTOBER 7, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X WALT MORROW X GLENN BENTLEY X MAYOR ROBERT CORRIE X CHARLIE ROUNTREE RON TOLSMA 1. MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16, 1997: TABLED SEPTEMBER 2, 1997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: (TABLED TO OCTOBER 21, 1997) TABLED SEPTEMBER 16, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS, COMMITTEES: (TABLED TO OCTOBER 21,1997) TABLED SEPTEMBER 16, 1997: ORDINANCE #761 - TRAFFIC SAFETY COMMISSION: (TABLED TO OCTOBER 21, 1997) TABLED SEPTEMBER 16, 1997: ORDINANCE #775 - VACATION OF GENTRY WAY: (TABLED TO OCTOBER 21, 1997) TABLED SEPTEMBEk 16, 1997: ORDINANCE #776 - BUILDING & \ PLANNING AND ZONING DEPARTMENT: (TABLED TO OCTOBER 21, 1997) PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: (APPROVED WITH CONDITIONS) PUBLIC HEARING: REQUEST FOR A VARIANCE FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: (CONTINUE PUBLIC HEARING TO OCTOBER 21, 1997) 2a 3. 4. 5. 6. 7. 8. ( ( 9. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LUMBERMANS BUILDING CENTER - 415 E. BROADWAY: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 10. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN BY WILLIAM T. RITTER, DDS - 317 W. CHERRY LANE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 E. KATEL YN: (CONTINUE PUBLIC HEARING TO OCTOBER 21,1997) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (APPROVE FINDINGS; APPROVE DECISION; CITY ATTORNEY TO PREPARE ANNEXATION ORDINANCE) 13. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION 134 LOTS BY BENCHMARK LAND CO. - BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (TABLED TO OCTOBER 21, 1997) 14. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY LEE CENTERS - WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: (APPROVE FINDINGS; APPROVE DECISION; CITY ATTORNEY TO PREPARE REZONE ORDINANCE) 16. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS - WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: (APPROVE FINDINGS; APPROVE DECISION) 17. DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENT AT 706 E~ FIRST STREET: (RELEASE LETTER OF CREDIT) 18. JOHN ANDERSON: DISCUSSION OF WELL LOT IN SALMON RAPIDS SUBDIVISION: ( ( 19. SANITARY SERVICES UPDATE: 20. CIVIL SURVEY CONSULTANTS: SITE PLAN REVIEW OF STORM WATER DRAINAGE POND ON FRANKLIN ROAD: (APPROVE CONCEPTS WITH CONDITIONS) 21. WATERlSEWERlTRASH DELINQUENCIES: (APPROVED) 22. APPROVE BILLS: (APPROVED) 23. DEPARTMENT REPORTS: A. WAYNE CROOKSTON, CITY ATTORNEY: 1. TRANSFER OF FUNDS FROM OFFICE SUPPLIES ACCOUNT TO CAPITAL EQUIPMENT ACCOUNT: (APPROVED) B. GARY SMITH, CITY ENGINEER: 1. ENGINEERING AGREEMENT WITH JUS FOR STORY PARK: (APPROVED) 2. TULLY PARK IMPROVEMENT RE-BID: (APPROVE BOISE PAVING AND ASPHALT) C. SHARI STILES, PLANNING & ZONING ADMINISTRATOR: 1. AMENDED D & B SUPPLY DEVELOPMENT AGREEMENT: (APPROVED) ( ( MERIDIAN CITY COUNCIL October 7, 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: MEMBERS ABSENT: Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Chief Bill Gordon: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16,1997: Corrie: Are there any corrections or alterations? Hearing none I will entertain a motion for these to be approved. Rountree: So moved Morrow: Second Corrie: Motion made and seconded the minutes of September 16th be approved1 alf those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Council we have a special request from Sanitation Service, he would like to go from number 19 to just about one minute (inaudible) if that meets with your approval. Johnson: I am Ralene Johnson, I think I have met most of you. Thank you very much Mayor and Council members for moving us up on your agenda this evening. We do have an early morning function with our co-workers tomorrow. We are cooking them breakfast at the shop and would like to invite all of you to come, it starts at 5:30 in the morning. You can come anytime tomorrow and just stop by if you like. We would like to extend that invite to you. Several weeks ago we were here to tell you that we were working on a project to purchase a portion of sanitary service company. That has been accomplished, we signed the papers October 1 st. Since that time we have ordered three new garbage trucks that are stated to arrive some time the first part of November. We are anxious to sit down with you and talk about getting the (inaudible) system implemented. Brought a new face with us tonight, Lorie Winn who is our Human Resource Manager and she is going to be working with us closely over the next several months here. Other than that just wanted to let you know that we are here to serve your needs and please let us knqw if there is anyway that we can be of service to you. Corrie: Thank you, Wayne? Meridian City Council October 7, 1997 Page 2 Crookston: Yes, Mr. Mayor and Council I would like to introduce a new assistant City Attorney, her name is Wendy Dvorak, why don't you come forward Wendy. She was hired I think on Tuesday last week and she started work yesterday and she has been doing very well. I just wanted to introduce you to her, (inaudible).Thank you very much. Corrie: Real quick if I might, Becky Peterson would you come up please? Becky Peterson has been a great service to our community and she doesn't know she is getting this I don't think. This is a plaque Becky Peterson it says presented in appreciation for your contribution of service to the City of Meridian as a member of the Air Quality Board and the Meridian Transportation Task Force from October 1993 through November 1996. Your volunteer time and effort as a public servant and representative for the Citizens of the City of Meridian and this community is greatly appreciated. Presented by the Meridian City Council on October 7, 1997. Okay, Council we have been requested to table to October 21st items 1, 2, 3, 4 and 5 the ordinances and we will have those on the 21st of October if you have no objections to that. Morrow So moved BentJey:Second Corrie: Motion made and second to table to October 21 st items 1 through 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: I will open the public hearing at this time and ask the representatives of the subdivision to step forward to start. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: The last Council meeting we briefly discussed some of the issues that were left unresolved that we need to clear up. We appreciate this opportunity to come tonight and clear up these issues so we can move forward and get off the agenda and then I don't have to come here every other Tuesday. One of the questions that was asked was about the variance as submitted, it is up tonight, it is the second item after this one. So therefore I think I will refrain from addressing that unless the Council would like to lump these all into one. I don't know if the Mayor indicated he wanted to do that or not. Do you want me to go ahead and address that? We have submitted the variance application and we are asking for a variance, piping of ditches on the project. Just to refresh your memory we have the Ridenbaugh Canal along the eastern boundary, we have the Eight Mile Lateral that wraps around the southwest portion of the project. Both ( ( Meridian City Council October 7, 1997 Page 3 of those facilities far exceed a 48 inch pipe, it has been the policy of the City that vvhen you have an irrigation structure of that size that it is not feasible nor economical to pipe such structure. The other item as far as ditches is concerned is the Nine Mile Drain. It comes into the property along the southeast corner diagonally runs through the property in this fashion, exits to the north and goes up and heads on north through the Stoppello property. In previous applications to be more specific Los Alamitos subdivision that Bureau of Reclamation require that Nine Mile Drain be left open. They did not want that facility piped because it serves a drainage function like a natural drainage way. We suspect that may be the case here in my conversations with the district Nampa Meridian Irrigation District John Anderson indicated that he is open to relocating that adjacent and parallel with the Ridenbaugh because it does run parallel and then kind of veers off. He said he could not make a determination until he had reviewed a specific engineered plan and at that time he could make a decision. I believe that it is in the best interest of the community and the project to leave it open because it does carry that drainage water away. And those drains as you well know carry ground water also and not just surface water. So we feel it is in the best interest to try and leave that open if possible. Obviously that would be fenced and there is a natural kind of riparian area down in here where there are some cattails. I am sure there are ducks and geese in this vicinity and we have stayed away from that particular area and left it, we plan on leaving it in its natural state. We feel it is in the best interest if Nampa Meridian will consent to it in the event that they do not consent to it and we end up piping it then obviously no harm has been done by granting the variance and including that. We don't want to be caught in a catch 22 vvhere the City says you shall pipe that facility, that drain and Bureau of Reclamation says we will not allow you to pipe that drain. We will allow you to locate it but it must stay open. That is vvhat I am trying to avoid. The second part of our variance includes block length. We have three blocks, block 2, vvhich runs along this Eight Mile Lateral, that particular block is 1620 linear feet. Obviously with the lateral we can't get a stub street through there it was not desired nor would a micropath be wise across that area. We just have this corner parcel here vvhich is not large. When we laid this out, this is really a tough little piece of property because of this unusual kind of zig zag shape and with these irrigation ditches that adjoin it. The block 7 is our other one, block 7 is 80 feet, 1 080 feet and it is this block right here. The location of this stub street was chosen by Ada County Highway District, they wanted 110 feet off of the east boundary of this unrelated parcel right here. Therefore that stub street then breaks up the block (inaudible) so we are kind of stuck there vvhen we wrap around that particular parcel. Block 8 is our longest block, it is 2620 feet. This block is located along this portion of the property. The way that staff calculates block length they would wrap all the way around like this. Now in order to break up that block we have provided micropath connections vvhich would lead out to the future pedestrian bridge across the Ridenbaugh and your ordinance promotes those micropaths and states that micropaths should be used vvhere long blocks exist. So we believe that providing these micropaths we have made an attempt to break that block up provide some interconnection and limit that length the best way that we can. Without these variances I don't think this property could be economically developed. It is just too unusual in its shape and configuration. It has these (inaudible) it just won't work. We have tried multiple things to minimize the block ( ( Meridian City Council October 7, 1997 Page 4 lengths. Some things worked other things do not work. It doesn't make any logical sense just to go in and put stub streets that go nowhere that the highway district does not want or micro connections such as across the Eight Mile that don't go anywhere. All we are asking for there is for somebody to end up a child or something getting into the ditch. We feel that it is not a privilege treatment of this property these types of variances have been granted on other projects with simHar site restraints and hindrances and we feel it is logical because we have done everything we can to try to comply with all the requirements of the ordinance to the best of OUf ability. Do you have any question about the variance? I will move onto the second subject, the second item on the list dealt with documentation of the easement As I stated last time we have been in negotiation with Mr. Stoppello trying to work out the language in the easement that is acceptable to him. We used the City's format to draft that easement. There are certain items, statements that I think Mr~ Crookston came up with that is integral part of those easementSe However Mr. Stoppello doesn't like the language, his comment to me in our last meeting just a matter of a couple weeks ago was to the effect that anybody that would sign an easement like this would have to be crazy because it gives the City so many rights to do whatever they want. I indicated to him the reasons behind some of those items within that easement such as access to the manholes, the gravel road over the sewer line so the City could have future maintenance. His comment to me was he would not allow us to put a gravel road because he wants to continue to farm his alfalfa field. I told him I would go back to the City and talk to them, see if there was any possibility of or alternatives to putting the gravel road. His contention is with the gravel road it creates a barrier therefore I believe the west portion of his property could not be irrigated. As I have mentioned before he has asked for a considerable sum of money in exchange for that easement in excess of $30,000. He has asked for things like fencing along the Nine Mile Drain, being able to pick the type of fencing that is along our perimeter. Hooking up to pressurized irrigation within our development or Los Alamitos the adjoining development. We are still pursuing that because we know the City's preference is to run that sewer trunk line along that Nine Mile Drain. However we did, he, Councilman Morrow's comments that you may want to consider looking at something else, you might not be able to bank on that easement being signed by that gentleman. So we did, we looked at it, we went out (inaudible) Locust Grove and we evaluated it. If we picked up the sewer at Time Zone and Locust Grove up at Los Alamitos and extended that trunk line down Locust Grove into our site and brought it down through the site and down to Victory Road our depth at Victory Road would be 15 feet. If we get the sewer out of Los Alamitos and bring it through the Stoppello property parallel with the Nine Mile Drain by the time we get the sewer down to Victory Road we are at 12 feet. So therefore by going this direction we are getting a deeper sewer. We would like the City Council to consider this alternative in the event that we cannot get Mr. Stoppello to sign this easement. One of the problems that has cropped up in the City for the past couple of years is when you dictate a specific path with no set alternatives that gives those people that have properties along that future line it gives them all the power, you have no room for negotiation. They can ask whatever dollar value whatever conditions they see fit. They can basically hold you hostage. So we would like the City to consider this is a viable alternative. I did talk with Gary Smith ( / -- ( Meridian City Council October 7, 1997 Page 5 about this, we checked and verified these inverts and calculations twice to make sure there was no room for error. In my conversations with Gary if it isn't possible to negotiate this easement with Mr. Stoppello he would be open minded if the Council were to agree to allow us that alternative down Locust Grove. The other issue water is right here in Locust Grove, it is being extended across the Eight Mile lateral right here, it will come down to the southem boundary of Salmon Rapids. We will be required to take that water to and through which would mean take it to our southerly boundary here and then bring those lines into the project down to Victory and then along our Victory road frontage. I received a comment from Bruce Stuart I think just a couple of days ago indicating that we would have to take the water all the way to the intersection and come this direction plus obviously bringing water into the project and down this direction. Which is not consistent with the to and through policy. The water extension around this corner parcel when this property or if this property were to develop they would pick up take it to and through their property and them make that connection here. Alsof when this property the Stoppello property eventually develops which at this point in time Mr. Stoppello has indicated he doesn't wish to develop however he wants the door left open to develop the property. We have provided him with two different lot layouts that would accommodate that Then a connection to the water at Los Alamitos would be made through him then looping into us. So I would just like that on the record that we don't fee that this is appropriate to run the water along someone else's frontage. The last item and probably the most controversial item deal with the ground water. This evening I brought Paul Bastian from Kleinfelder, they are the firm that was retained to do our monitoring evaluation and do a second report on this project. I would like him to discuss his findings. He is the expert in this field and I think he can probably enlighten the Council and explain to them what is going on out here at this site. We feel that we have some alternatives here as far as dealing with some of these problems, they are an issue. They must be resolved. We have never tried to skirt the issue, we met with Mr. Shipley on Friday, Mr. Johnson, Mr. Groves, myself, Kathy (inaudible) the project engineer. We spent a considerable amount of time going over the history, the issues, his concerns, and what he would like to see done and what we can do to assure him that this will be designed in a fashion that will protect future property owners and will have no adverse affect on his property as far as his liability. So I will go ahead right now and tum the podium over to Mr. Bastian. Also this evening from our company Dean Briggs is here, one of our civil engineers and he may be able to answer some questions that Mr. Bastian cannot address. Justin Paul Bastian, 554 N. Steel head Way, was sworn by the City Attorney. Bastian: Mr. Mayor and Council thank you for the opportunity to be here. To understand the ground water that Becky mentioned we first probably ought to took at the soil conditions out there at the site. Our evaluation is based on a series of test pits and stand pipes which were installed to monitor ground water. The subsurface soil conditions that we encountered on this site consisted of approximately 1 to 1 % feet of silty clay underlying by about 2 to 2 Y2 feet of a cemented and variably cemented silt and sandy silt soil. Underlying that soil is dense sandy gravel. Those conditions are by (~ ( Meridian City Council October 7, 1997 Page 6 no means unique to the site they are pretty common throughout the Meridian area. What we do have that is specific to this site is along this edge of the property along the northern edge of the property we have a series of supply ditches which provide irrigation water to this site which has been used for hay irrigation. What is happening based on our observation is water from the irrigation supply system is percolating into the ground these (inaudible) and when it comes in contact with the cemented soil it is migrating along the top of the cemented soil and that is what we are picking up in some of the stand pipes that we have installed is perched water. Now the, as distance from the supply ditch increases to the south then the water that we are picking up in the pipe is not observed. So the farther from the ditch the less water you get. That is consistent with water migrating along the surface of the cemented soiL What we have observed when we excavated our test pits is that in fact as it is excavated you can actually see the water along this zone between the gravel and the silt contact migrating into an open test pit I think that in the original report that was done by Jason Kelly he indicated that ground water was at a depth of approximately 40 feet in the area. I don't have a full record of all of the IOWR ground water data with me, but I would not be surprised with that, that seems consistent with what we have experienced in the past in the Meridian area or in this area~ This, the water that we are encountering can be dealt with and it has been dealt with on several other subdivisions in the area. The key is to have good information so that we can make good decisions while we are planning this type of development. The conditions that we have encountered here have been party to both failures and successes. The successes are determined by the ability to obtain good information and make good decisions. The ground water monitoring data which we have here I believe that we have enough that each of you can take a look at what we have obtained indicate some of the depths at which we have encountered water. We believe that we have obtained and are obtaining the type of information that will allow us to make good decisions for the community and for the City in regard to planning and development of this project~ Are there any questions? Rountree: Do you have a small map that would indicate the location of these wells? Bastian: The map that I have with me is here tonight I can provide that. Let me get my notes here so that we can all be on the same page. The test pits that you see designated one prime through 5 prime are one, two, three, four and five the red dots located there. The test pits indicated five, six, seven, eight and nine without the prime designation. Five, six and seven are located five, six and seven, I believe I might be slightly off. Eight is located here and nine is located here. So we have a fairly good coverage across the site. The areas where we are encountering the water are typically along this area where we have the irrigation supply and then you can see that in some of the monitoring data that we picked up very shallow depths with an IRR following it. That water is due to irrigation which is currently in progress. What happens is water will actually travel down the furrow come in contact with our stand pipe, migrate down the sides of the standpipe and then rise to the level of the irrigation water less head loss in the pipe. So those numbers don't accurately reflect perched water but our a result of the irrigation that is in process. Meridian City Council October 7, 1997 Page 7 ( ( Corrie: Any further questions from Council? Bastian: Just one additional comment, we do have a series of solutions for dealing with the ground water that we have encountered. First since we believe we know the location and flow path and pattern of the water it is possible to create a cut off trench along this side of the property to intercept water before it comes onto the property. It will be a perforated pipe, basically a cut off or collection drain along the northern boundary of the subdivision and the pipe would discharge into the Nine Mile Drain. In addition it is possible to install a drain system or drain rock around each home. Corrie: Any further questions on that? Do you have anything else Becky at this point? Bowcutt: Just in closing a couple of quick comments. We feel that this is a good and viable project, Mr. Bastian and I discussed it in length out in the field when we were digging those test holes and installing those monitoring tubes. He agreed with me that this is not a hurdle that can't be handled and it is not that unusual for the Meridian area~ We have gone through two experts just to make sure that we are getting good data~ We have done nine test holes in this project as far as ground has been concerned I think has really been scrutinized. Your staff is aware of the conditions, we have some ideas on how to handle these issues and we think they are viable ideas that will work. The developer agrees if those are necessary I will be willing to do that. It is my engineer's recommendation that it is required, I will install some type of system in order to take that drainage along that north boundary if it does seep across from Mr. Shipley's property. We have the Nine Mile Drain that water eventually works it way to that draina All we would be doing is facilitating a sub-surface type channel to take that water to the drain in a speedy fashion so it doesn't have this perching or sub-surface puddling effect. We feel that we can work these problems out and come up with good solutions and have a viable project with lots where people don't have problems. Also the other thing that we have to consider is the fact that all of those ditches are open now. Some of those ditches will no longer be there because this property will no longer be under agricultural production. It was under agricultural production all through the year. It obviously affects our monitoring. When we pipe Mr. Shipley's service ditch from the box at the Eight Mile Lateral we think that is going to make a substantial difference especially over in the northwest corner where we have had the worst readings. Mr. Shipley agrees that there is probably some leakage coming from there and from that box. We will work closely with the City staff and Mr. Shipley to make this project work. We feel that we need the opportunity to move forward. We have been stuck in hearings for quite a long time. We have been doing what we can to answer the questions. If we could just move forward and get into the hard design and hard engineering here I think that we will have a good project~ Morrow Becky, with respect to the ground has any thought been given to shall subsurface wells that tie into the pressurized irrigation system or shallow wells that tie into a water amenity? ( /"-- ( Meridian City Council October 7, 1997 Page 8 Bowcutt: We discussed that, yes we have discussed it. We have discussed secondary sourcing for our pressurized irrigation. We have also discussed some type of a water amenity that was one of the thoughts. What is the cost here? Maybe some of the lots that adjoin Mr. Shipley maybe the cost of bringing those on line as buildable lots far exceeds what the revenue gain will be. I think we can only answer those questions when we get into this hard design and our engineers working in conjunction with Paul Bastian come up with viable solutions. Right now we are going into our high ground water season. So we will have our worst case, we are seeing our worst case (inaudible) from now until about the 15th of November from what I have been told. We have had wells out there since I believe late November of 1996. Corrie: Anyone else from the public that would like to issue testimony at this time? John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney. Shipley: City Council I had a long meeting with these people, I feel they are trying to work the problems out. It is your guys job you are the check and balance system to make sure that whatever the engineers decide is done correctly. I have lived out there 25 years and I have watched this problem every year, it is nothing new, I have known about it for years. That ditch that is in contention here is a ditch that was put in and Nampa Meridian Irrigation knows about the ditch but the farmer was supposed to maintain that ditch. It hasn't really been maintained for 7 or 8 years now. The only maintenance it has gotten for those 7 or 8 years is what I have been able to burn it in the spring and trap gophers out of it and things. The grass is all grown up in there and it acts kind of like a big dam in there and then you get your seepage water because of a lot of different situations. When that ditch is clean well the water just trucks right on down and dumps into the Nine Mile Drain there and doesn't perk out where there are going to be houses. The meeting that we had at Briggs Engineering was I think last Friday. They were talking about digging a trench in there and putting perforated pipe or some kind of a fabric and river rock or something to siphon the water off in. Bear in mind the water goes any direction so last January when we had a really bad spring and we had a lot of rain the drain ditches in that area couldn't handle it all. They were still froze up from the winter and water wasn't going down and was rushing across there. That ditch was flowing pretty heavy and it comes across my back property into the Nine Mile right at that back corner. For a period of about 8 or ten hours there was a pretty good leak there in the back because there are three drain ditches coming all to the same spot there. And actually had the Nine Mile clear full of water it just couldn't handle it aU, everything was melting, it was raining. So it just isn't water from irrigation that might be the problem, four times I have seen that happen so it is a flash flooding type situation. But if they would dig a trench along there it would sure relieve the irrigation problem (inaudible) anything coming from the sky ain't my fault anyway. I wouldn't want to see the property condemned for that because people need a place to live and that is close to town. That is the way it is going and it ain't really all that good of farm land anyway. It is just rock, it isn't like they are destroying really good farm land, it doesn't really ( ( Meridian City Council October 7, 1997 Page 9 produce that good. I think if you guys will be the check and balance system and make sure the engineer's whatever their design is okay then there probably won't be any problem. It is going to cost them a lot of money and I didn't intend on making it that way but it is for the betterment of everybody. I have these Idaho laws on water and I have been reading them and once I become the owner of water and it goes into any form of a ditch and ends up back into the ditch system then it is my delivery of the water back to where it came from. That ditch shouldn't be done away with because it is a lower ditch it is where the water goes. It becomes my ditch also according to these laws which I have here if you want to read them. Corrie: Any questions for John? You feel a tittle more comfortable than you did. Anyone else from the public that would like to issue testimony at this time? Rountree: I have a question for Becky, your closing comments indicated that the cost of developing these adjoining lots was prohibitive, what is the outcome if that is the case? Bowcutt: I think we were just, what we were talking about are these that adjoin Mr. Shipley. We were just basically just brainstorming what is the cost. There has got to be filling in through here because of Locust Grove the elevation of Locust Grove is that (inaudible) and this area would have to be filled (inaudible) across through here. One 0 the things that we kicked around was maybe that would end up being common area. If need be, if it is determined from an economic stand point that is the best then pocket park would be my solution. But that decision is not mine to make. We don't know that is the case that is just something that we were kicking around, worst case scenario type of situation. Corrie: Do you have any further comments? Council discussion? Morrow: Mr. Mayor, I have a question for Gary, with respect to the sewer issue in terms of the preliminary plat. The depth of 15 feet or 12 feet and I guess my question this would be from a long term standpoint it would appear to me that 15 feet where the southeast border would be a more preferable depth, do you have a strong feeling one way or another about that? Smith: Mr. Mayor and Councilmen I think in my opinion the deeper we can keep the sewer the better off we always area. When I talked to Becky and Cathy from Briggs my concern in extending the sewer in Locust Grove and Victory would be that we don't bypass somebody for service. In this case because Stoppello's property is bounded by the drain on the west and Ridenbaugh Canal on the east I believe and it is really the only property that would be served by sewer brought through their property through Stoppello's property that it can be served right now out of Los Alamitos Subdivision. So if we are that much deeper at Victory then I don't see a problem with serving adjacent property at all. Mr. Mayor, could I (End of Tape) I would just like to make a comment on this ground water situation. I think that what we are seeing in this subdivision is very similar to what we have seen in Meridian Manor Subdivision for example where we had (~- Meridian City Council October 7, 1997 Page 1 0 to deal with a surface water rather than a ground water. As Mr. Shipley mentioned the surface water that we had to deal with in Meridian Manor was a winter spring water not a summer waterw That was because of a clay layer of soil that was located 2 to 3 feet below the ground surface and did not allow the surface water to drain into the gravels. It subsequently popped up in crawl spaces of homes. The fix for that was to break through the clay surface or the clay layer of soil and get the water into the gravels. Once that happened the problem went away. There may be some similarities here between these two subdivisions. Rountree: I have a question for Gary also concerning the issue of to and through with the water main. Smith: Typically as Becky mentioned we require that the water and or sewer main lines be extended across the frontages of the properties and through the properties so that it can be continued on. Bruce Stuart's concerns are that we have a system that is tied together and I think that was the reason for his comments so that we had continuity on our main lines in Locust Grove and Victory Road. I can't because I wasn't aware of his comments until just tonight and I haven't had a chance to talk to him. So I don't know that not having the lines installed in those two roadways outside the boundaries of the subdivision would cause us problems or not. I think it is a situation where the size of the lines and the continuity always gives us a better system. A more reliable (inaudible) for example. Corrie: Any further discussion? At this point I will close the public hearing on item 6 for the preliminary plat for Sherbrooke Hollow Subdivision. Morrow: Mr. Mayor for a point of discussion, from my perspective I am in favor of the sewer not crossing the Stoppello property. I don't think it makes any sense for either the City or the property owner to be held hostage by an individual that stands to do nothing but benefit from that service. So in this case it appears to me that it is in the City's benefit to have the additional depth to give us the greater flexibility long term so I would be in favor of the avenue or the routing through down Locust Grove Road over to Victory Road. With respect to the to and through of the water line although I am sensitive to it and understand the issue of having the loop still according to the map has a dead end which would be equally as difficult to service based on the to and through concept (inaudible) Again it is a situation where adjoining property owner in the short term has some unjust (inaudible) but although a latecomers agreement might be available it seems to me to be an undue burdensome on the part of the City to require something that is not proven to be either cost effective or necessary for the maintenance of our system. So I don't see the benefit to doing a loop around the additional property that is not owned by the applicant. In terms of the surface water that is truly an issue. I think it is up to the engineering firm and the O'JVJ1er to suggest solutions. It seems to be based on discussions here tonight we have several potential solutions all of which have merit, all of which have worked in other areas of Meridian before. So I don't think it is a (inaudible) I think also with those solutions Mr. Shipley can (r- (- Meridian City Council October 7 J 1997 Page 11 rest at ease that he is not the one causing homes to be flooded out. So I would see approval of the preliminary plat from my perspective subject to those three conditions. Rountree: Mr. Mayor, J would agree with what Councilman Morrow said and I would add one point and this is directed to the representative of the applicant. I know you were somewhat distressed last meeting that we would be delayed but I think your efforts with Mr. Shipley are to be commended and I think we have a better project because of it. Corrie: Any further comments, Mr. Morrow did you want to make that as a motion, your comments (inaudible). Morrow: I think I can make a motion that is somewhat more concise. Mr. Mayor I would move we approve the preliminary plat for Sherbrooke Hollow Subdivision by Westpark Company with the sewer line to be down Locust Grove Road as we discussed, the to and through concept with water lines to be in place and not looped around, not on properties (inaudible). And the surface water situation resolution to be presented to the Council upon final plat approval and approved by the applicant's engineer and the City Engineering department. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the preliminary plat for Sherbrooke Hollow Subdivision subject to the three conditions stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: Corrie: At this time I will open the public hearing and your testimony that you gave will be entered into the record. Is there anyone else from the public that would like to give testimony as requesting of the variances? Hearing none Council, I will close the public hearing. Any comments? Morrow: Mr. Mayor, from my perspective I don't have any problem with either the block length or the issue with respect to the ditches that are in excess of 48 inches. Corrie: I will entertain a motion for findings of fact and conclusions of law to be drawn. Rountree: So moved Morrow: Second ( ( Meridian City Council October 7, 1997 Page 12 Corrie: Motion made and seconded that we give the variance for findings of fact and conclusions of law to the City Attomey. Any further discussion? AU those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVIEW ASSOCIATES LIMITED PARTNERSHIP: Corrie: At this time I will open the public hearing and invite the representative of Golfview Associates to come forward to give their testimony first. Russ Hepworth, 4418 Clinton Street, Boise, was, sworn by the City Attorney. Hepworth: Like I said I am representing Golf View Estates Limited Partnership and they are requesting a variance for tiling of the Safford Lateral which is located on the north boundary of the Golf View Subdivision. This variance is for phases four and five. These are the last two phases of a five phase subdivision. All of these phases were preliminary platted together and at the time that this preliminary this subdivision was preliminary platted no requirement had been made for the tiling of this lateral and that the first three phases of this subdivision have been constructed without this requirement. The phases that have been constructed along this lateral have been fenced with the 6 foot chain link fence. We are requesting that the final two phases of these subdivisions be handled in such the same manner to continue the chain link fence. Which would assure the consistency and the protection of the lateral and also maintain access to this lateral and also protect the homeowners of this subdivision from any liability or access to this lateral and have this consistent with the phases that are built and constructed at this time. Corrie: Any questions from Council? Anyone else from the public that would like to issue testimony in this request for variance. Hearing none I will ask the Council any questions or discussion? Morrow I have a question for Gary Smith, Gary, does this junction does this Safford lateral exceed the 48 inch requirement? Smith: Excuse me just a moment please. Mr. Mayor and Councilmen I am not sure the size of the pipe upstream from this subdivision where it parallels Cherry lane road just outside the fence that Cherry Lane Village wants to build. I just can't recall the diameter of the pipe. I can't imagine that the pipe is larger than 48 inches carrying the water adjacent to Cherry lane Village No.1. Morrow In any event the first three phases were not piped they were allowed to put chain link fence (inaudible). (~ Meridian City Council October 7, 1997 Page 13 Smith: That is correct. Rountree: I had the same question, maybe the applicant can shed some light on what their engineering tells them (inaudible). Hepworth: I have contacted I believe it was John Anderson with Nampa Meridian to determine what size they would require on that. He could not at that conversation give me an answer to the size that they would require through that. He said that further design, slope of the lateral, behind the subdivision would have to be determined before he could give me a size on that. I don't know of the size of the pipe upstream (inaudible ). Corrie: Any further discussion or questions? I will close the public hearing. We will need Rountree: I guess for discussion it would be my inclination if it is not of the size 48 inches or longer I would not be inclined to go with a variance even though the initial projects are open and chain link fenced they are pretty unpresentable. They are a maintenance headache for the property owners I believe. Nampa Meridian Irrigation has done minimal to maintain lineal weed patches in that section through this particular subdivision at this point in time. I would not be inclined to continue (inaudible). Morrow: Mr. Mayor, question for Gary, in terms of where the chain link ditches are or maybe Shari or both with respect to Mr. Rountree is being kind very candidly it is a mess between the chain link fences with respect to maintenance. Is that an example of what Nampa Meridian is supposed to maintain and part of our conversations with our ditch committee in terms of how well they woutd maintain things. Who is supposed to maintain this? Smith: Mr. Mayor, Councilman Morrow, Councilmen, I believe that is the responsibility of the irrigation district as far as to fence that area of the ditch if it is on the ditch side of the fence then it is the responsibility of the irrigation district to maintain it. That is my understanding. Morrow: I guess my question to Ms. Stiles is this an example of what they indicated to us their aggressive maintenance program was? Stiles: I believe it is, the only response that I have ever seen when there are so many weeds is that after they get so many calls they will eventually go out but it is not until after a great deal of concern on the adjoining property owners. Morrow: I guess my question would be is that is not the impression that I thought they left our committee if we were willing to give them the necessary easements, right of ways and so on and so forth that they were going to have a normal maintenance program. Obviously that isn't the case. If it is compliant generated then having seen ( ( Meridian City Council October 7, 1997 Page 14 that within the last week or so it isn't and I agree with Councilman Rountree that once we find out what the size of the pipe is, I am not willing to take action without knowing the size of the pipe. If it clearly would work in a 48 inch pipe or less then I think it needs to be covered. If it obviously doesn't fit in a 48 inch pipe then it needs to be a chain link system as it currently is. So that is how I see it. Bentley: Mr. Mayor, I too agree that if this piping situation requires a 48 inch or less then we need to go ahead with the pipingw I am not prepared to move on this until we have the piping sized. Morrow: Mr. Mayor, I would move that we table until our meeting of October 21 st pending the resolution of the size of the piping. I think that my preference would be to continue the public hearing to allow that testimony. At that point in time take action. Rountree: Second Corrie: Motion made and seconded that we continue the public hearing until October 21st to determine the piping diameter on the lateral, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LUMBERMEN'S BUILDING CENTER-415 EAST BROADWAY: Corrie: I will open the public hearing at this time and invite the representative from Lumbermen's to step forward. Ed Pierce, 2636 W. Bridgestone Court, Meridian, was sworn by the City Attorney. Pierce: I represent Lumbermen's Building Center in the request for this variance. We are in the process right now with negotiating with Boise Cascade to buy a building at 415 E. Broadway and there are kind of some special conditions that apply on this property. The property itself we can't buy because it belongs to Union Pacific Railroad, and our reasoning behind applying for this variance as far as putting in curb, gutter and sidewalk was the fact that we felt it would cost us too much money to type of expensive property that we could never really own. So we applied for this variance. In gathering my information to apply for this variance I also discovered that on Broadway for about 3 blocks the right of way that Ada County Highway district has on Broadway is 100 foot wide. It is 40 feet to the residential side from this end of the road and 60 feet to the property side. This puts the existing fence that is out front 20 foot into the right of way and then down the street the BMC West door shop has an existing building that is at the 40 foot mark too VJhich would put it 20 feet into the right of way. As part of the process for applying for a variance Ada County Highway District was involved and was called I think they called it a tech meeting something like that. They did this draft, I don't know if ( Meridian City Council October 7, 1997 Page 15 you guys got a copy of that or not. What they suggested is they say that they don't need that 1 00 feet right of way that they can get by with 50 feet and that we can possibly apply for a 32 foot vacation of that property which would make it work out to where the fence would be okay and it doesn't look like they are going to be flexible 0 the curb, gutter and sidewalk. I am getting prices right now that I can show Lumbermen's so they can decide whether they want to do that expense or not. I figured if their 50 feet is 25 feet from the center and that includes the curb, gutter and sidewalk that would leave between that fence and our sidewalk approximately 12 to 15 feet roughly that we could grass, shrubs, trees we could landscape that without having to move that fence. I have a meeting tomorrow evening at 8 o'clock Ada County Highway District with the Commissioners to go over this and to firm up on the measurements where they figured the center of the street and all of that. I don't think they are going to be very flexible on the curb, gutter and sidewalk. So it looks like we would end up doing that anyway. But whatever strip is left over between our sidewalk and existing fence we would landscape and put grass in or whatever to the City's specifications. I think this will help that area quite a bit because we will also put slats down the chain link fence the full length blocking the view of the lumberyard. We plan on having all of our parking within the facility there wouldn't be any parking in the street which would clean up some the street area and solve some of the parking problems along Broadway. We have already talked to the landscaper about increasing the landscape and fixing the sprinkler system and adding more shrubs and trees. I think it will be a big improvement to that property. That is about all I have unless you have any questions. Rountree: I have a question, you indicated in your testimony that ACHD is not backing off the curb, gutter and sidewalk. Pierce: They didn't act like they would, we can apply for a hardship or whatever. We may do that based on the price of the curb, gutter and sidewalk. I am getting quotes right now and I will present them to our company. They are negotiating with Boise Cascade on this building and whether we get this or not is going to make it conditional of whether we buy it or not. Rountree: I guess my question is if you have already tentatively succumbed to ACHD what is the point of this variance? Pierce: Well at that point I didn't realize, this all happened after I applied for the variance my meeting with them. I don't know, the landscape strip may not be 20 foot wide, it may only be 12 foot or 15 foot so there would be a variance there of some sort. They didn't dive me any exact measurements when this crew went out there they didn't have any exact measurements so I can probably get these measurements tomorrow night at this meeting. Rountree: Then I have a question for Council if they are to pursue the vacation of part of the right of way wouldn't it have to be the rail road that did that application as opposed to someone buying the physical structure on their property. ( Meridian City Council October 7, 1997 Page 16 Crookston: They would either have to do it or they would have to consent to having it done. Rountree: Have you pursued that with the railroad? Pierce: We would do that, because there is also another condition that applies there, 4th street, they have a right of way for fourth street to go clear through the railroad tracks. Which would go into empty buildings but they are willing, they said we could apply for vacation of that property also. If we didnlt then we would have to put half the street in curb gutter and sidewalk down half the building. There is also like a 16 foot right of way through the middle of the back of the yard that we would have to pave and asphalt. It is really strange the way it is set up. Rountree: Have you approached the railroad at all about participating in the roadway improvements? Pierce: We ran into this before at the corner when I was at Hoff's when the City did improvements and all of that~ They basically will not pay for any improvements, you are responsible for everything. When they tried to sell the building we had to prove that there had been no fuel tanks in the ground and that was all at our expense too~ The rail road would not even take care of that. So I don't know how their contracts are written up (inaudible ). Corrie: Anyone else from the public that would like to issue testimony on this request for a variance? Tina Sako, 310 East Broadway, Meridian, was sworn by the City Attorney. Julie Brown, 304 East Broadway, Meridian, was sworn by the City Attorney. Sako: As a resident on East Broadway I have been here before about Idaho Truss and I am deeply opposed to Lumbermen's coming in down there because of the impact it will have on our neighborhood. It affects the quality of our life these lumber trucks and increasing the value of our properties. Brown: I have children, I have a son and those trucks come through there, they don't slow down. We have had problems with traffic along there before and it is just going to get worse with this company moving in now. I can't even sell my house because of the other lumber places and everything else. Nobody wants to live in an environment like that. Sako: It is too noisy the trucks, the forklifts everything. We already have Idaho Truss pounding nails from 6 in the morning to 11 at night. This is crazy because we feel like we are being pushed out of our neighborhood. ( ( Meridian City Council October 7, 1997 Page 17 Corrie: You do realize that this is just for a variance for curb and gutter and not for the Lumbermen's to be there, are you aware of that. Sako: They sent notices Corrie: That is fine, what they are asking for is a variance not to put the sidewalk and gutter into the street, not that they can't move down there. Sako: Well we are ignorant as to what is going on. Corrie: That is okay, just so you are aware that we are not discussing whether they can do that move down further it is just the variance tonight is just for the gutter and sidewalk. Brown: So is there going to be a variance on the other? Corrie: No, just the sidewalk and gutter if we allow it. They might not want to have the variance and they are going to put the sidewalk and gutter in anyway. We don't know that at this point because (inaudible). I just wanted you to be aware that we are not discussing whether they can or cannot move across from your house there. That is not the question tonight it is just the variance on the sidewalk and gutter. Brown: Can we then Sake: What are we doing here then? Corrie: Well you are telling, that is a good question, you are telling us what you don't want to see across there. What I am saying it has not bearing on the testimony tonight (inaudible) it doesn't have anything to do with the variance. Sako: Do we get to have a say about them coming into our neighborhood at all? Corrie: No because it is part of the industrial zone they have there and they are allowed to do what they are moving into do. So there is no question of whether they can or cannot. They can legally do what they are doing. The only thing I am telling you tonight is just the variance that we are discussing. So there is no testimony as to whether they. can or cannot. They can Morrow: Point of clarification Mr. Mayor, these properties have been lumber intensive essentially forever prior to Lumbermen's being there Boise Cascade for years operated a full service lumber yard there. The trucking that you are referring to the power line school has moved out or is in the process of moving out. But those are all industrial uses, those have all been allowed uses within the railroad corridor essentially from the Meridian City Council October 7, 1997 Page 18 ( ( beginning of time. So the question as Mayor Corrie states is not whether they have a right to be there or not but simply if they need to put curb and gutter in or not. Sako: I guess we are just concerned and we realize this is a light industrial neighborhood. However, we are still discouraged we want to know what we can do to prevent anymore disturbances like this in our neighborhood that are literally destroying the quality of our life. I know it has already been zoned that way, we would like to see it rezoned, so what do we do? Morrow: Well obviously the only people that can rezone is you, you cannot rezone somebody else's property. Essentially what has to happen is the process that we are going through tonight are an example of a governmental process that the property owner has to apply for rezone of his or his own property. Essentially there is not really anything that you can do as long as the users within that zone conform with the rules and regulations of the use of the zone it is kind of a live and let live scenario. You just have to, you may not like it but you have to peacefully coexist. As long as they are operating within the bounds and you are operating within the bounds that is the way it is. Sako: I guess I am a little confused then, when notices were sent out. I trust what you are saying but when notices were sent out to inform the residents that they were coming in why were we informed then? Morrow: Well because there was a variance being asked for there was a variance from the requirement of putting in curb and gutter. Sako: Would that impact our lives this variance on the curb and gutter? Morrow: The only reason you are being notified is in case you might have a strong feeling about having curb and gutter or not having curb and gutter. And you might come and say gee we want them to have curb and gutter because everybody else in the neighborhood has it. So we have a noticing requirement of the 300 feet. Because you live within 300 feet of the property you were noticed so that you had your opportunity to come and speak in the democratic process like you are doing now offering an opinion as to what you think about the proposed changed. Sako: I am deeply confused then. So, what is this curb and gutter then is it something that we need to be concerned about~ Morrow: Curb and gutter is what is around the comer and sidewalk and it separates the yard is 6 or 8 inches above the top of the street. The curb is where the yard goes above the street and the gutter is with water flows (inaudible). Sako: And it doesn't have one now? ( Meridian City Council October 7, 1997 Page 19 Morrow: It is solid asphalt, it extends, that is very typical of industrial areas. It is asphalted all the way through the property lines as Mr. Pierce has testified here earlier is there is conflicting right of ways and several different things going on there that have been allowed to have them because simply until 1976 there wasn't even a land use process. So the turn of the century when the City began to develop until 1976 there was no regulation of anything. All of that stuff has been there prior to that. Sako: (Inaudible) Morrow: Well basically they were asking to have a variance from the requirement of putting curb and gutter and it is a reasonable request because no other curb and gutter exists in the neighborhood. Sako: We have them across the street. Morrow: But that is on the residential side. On the commercial side it doesn't exist. It is also not owned property by them, it is owned by the railroad. .So there are several scenarios, for example if you opted to develop your property you might request of us not to require new curb and gutter on your property because the existing curb and gutter is broken down and so on and so forth and it wouldn't make a lot of sense to invest that money because the streets would be redone and so forth in the future. Historically we have granted that request within your neighborhood within walking distance of your homes as businesses have redeveloped. So this is not an unusual request at all. It is the same request that you might ask of us at some point in the future. Sako: I doubt it, so what you are saying is why were we notified. Morrow: Because it is a governmental process and you have to have an opportunity to speak whether you like a project or don't like a project and that is a requirement that we as a City by State statute have to follow. So we are required to give you those notices by our ordinances and by the State statutes so that if you have an opinion you have an opportunity to express it. Sako: Are you making a decision about whether or not (inaudible) Lumbermen's can not have the curb and gutter basically? Morrow: We will be making that decision yes. Sako: Tonight? Morrow: No not tonight Sako: Now we need time to go back and regroup and figure out how this may affect us. (inaudible) ( ('--- Meridian City Council October 7, 1997 Page 20 Morrow: I doubt it but it could be. Corrie: It might even look nicer across there if they landscape it then it does now. Sako: That would be nice because cosmetically our neighborhood (inaudible) it is not a pretty site as you know if you have been down there. We are concerned about that as property owners across the street. So what do we do now? Morrow: I think that probably the appropriate thing is that you have expressed to us your opinions and we have accepted your testimony. You have a clear understanding of what the process is so that would conclude you testimony and we press on. Sako: Are they going to put a curb. Morrow We don't know yet. Sako: Well will we be notified? Morrow: Well you will probably see a backhoe or no backhoe. Corrie: Actually what is going to happen here is the Council will do one of two things they will either continue this and wait to the variance request is taken care of through ACHD or they will order findings of fact and conclusions of law and then they will give the answer the 21 st and then there will be no more public hearing. But this is something they are going to have to do one of those two things. I will explain if you want me to what happens and it might help a little bit for you. Sako: At this point I just want to make sure that everything is right. If it is just the most minor of things because like I said everything across the street has just become a total nightmare. I don't know much about curb and gutter and how it is going to affect our lives but I would like to be informed. I wasn't informed of this either, I wasn't sent a notice, I heard of it through the grapevine. Don't they by law have to send you a notice a certified letter by mail of these variances within 300 yards? Corrie: 300 feet Sako: That is all Corrie: Thank you any further testimony on this variance? Ed would you like to add any comments? Council discussion? Morrow: From my standpoint Mr. Mayor a couple of things going on here, I am going to part company with the Ada County Highway District with respect to which we have the right to do. In their planning and development application report there indicating this development is estimated to generate 750 additional vehicle trips per day based on the Meridian City Council October 7, 1997 Page 21 Institute of Transportation Engineers. The issue is that they are already business, and the location they are moving a block and a half I am sure that everybody in that corporation would be really happy if we met (inaudible) because it would be a phenomenal amount of business that they would be doing. But the reality is that there is no extra trip generation, it is simply a move up the street to consolidate an operation that is currently in two locations into one location. Historically it has been a lumberyard, it was Boise Cascade's lumberyard for several years. The issue with respect to the variance it appears to me that we in fact my opinion ought to offer and go with the variance. It makes little sense to require curb and gutter in such a small portion of ground where the entire street length does not have it and is not likely to have it in the near term. With respect to Union Pacific and the issues that are (inaudible) and having been through right of way exchange processes and know how complicated they are and how difficult they are with in town property owners my suspicion is that Mr. Pierce's company will not experience a great deal of success with right of way swaps and so on and so forth in our lifetime with Union Specific. So in old town based on the theory that at some point it will redevelop we have granted variances from replacement of curb and gutters or from not requiring folk to improve curb and gutter because it was too fragmented and didn't make a lot of sense. When at some point in the future by LID or redevelopment you would have substantial improvement in the curb and gutter and sidewalk. I guess the final point that I would like to make with respect to this property, it is not out of the realm given the experiment that we are about to embark on here in a few days that at some point in time a group of cities or landowners would own those properties and create a transportation corridor and greenbelt equestrian paths as we in Meridian set aside some eight years ago for that railroad right of way. So it appears to me that the long term future of that may not be best served by encouraging substantial development through it and investment in when the ground in fact is not owned by the applicant. It seems to me that it makes more sense to continue business as it, have conditions that the business stands a chance of surviving in that location. Very candidly the requirements by the City become too onerous the business moves out of downtown and leaves yet another vacant building in downtown Meridian. As we have talked about before the cost of new dirt is substantially cheaper than old dirt. This is old dirt, the reality is that it will not redevelop to a great degree until the price of new dirt exceeds that. So it appears to me that it makes sense to us for several reasons to grant the variance and encourage Lumbermen's to stay within dO'Nntown Meridian and to continue to generate economic benefit to our City. Those would be my reasons for supporting the variance. Corrie: Any further comments? Bentley: I would agree with that and definitely agree with the trip generation that ACHD does. Corrie: I will entertain a motion for findings of fact and conclusions of law to be drawn up~ Meridian City Council October 7, 1997 Page 22 ( Rountree: I want the last word to thank Councilman Morrow for the civics lesson and the history lesson. To the project, I think the concept that the applicant has presented in terms of cleaning up the property and closing the yard, landscaping can do nothing but help that neighborhood. For that reason and those stated by Councilman Morrow I would support the variance. Morrow That being the case Mr. Mayor I would move that we instruct the City Attorney to prepare findings of fact and conclusions of law for the variance requested by Lumbermen's Building Center. Bentley: Second Corrie: Motion made and second to instruct the City Attorney to draw up findings of fact and conclusions of law, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN BY DR. WILLIAM T. RITTER, DDS, - 317 W. CHERRY LANE: Corrie: I will now open this public hearing. William Ritter, 317 W. Cherry Lane, Meridian, was sworn by the City Attorney. Ritter: Thank you very much, I have been in Meridian now as a dentist since 1988 and we started out the practice as an individual solo practice and I rented some space from the Cherry Family who owned the property. At that time H & R Block is currently on the Laundromat and a couple of other businesses in that buildinga My property is directly behind that. One of the things that was necessary in the purchase of that property was to have an easement so the patients could travel from Cherry lane to my property it would be continuous. And also continuous signage on Cherry lane so in which things development in which they have with H & R Block coming in that is going block us from the West. And of course US bank has come in across the street. What we would like to do is replace the sign that has been there now since 1988 in the current location since 1990. I am in the process of adding onto my building and I have three other dentist that are with me. So I feel like I need to have some signage out on Cherry Lane that will direct patients back to that area as well as provide signage for (End of Tape) the Cherry family is in agreement with this. We are also going to add to that one of the tenants that is in that area now. The hair salon and the nails, in the past they have had quite a few signs along there in different fashions and mannera I never thought it looks all that great but everybody seemed to get along pretty well so I have never really said too much about it~ So basically what we want to do is we want to put a sign on the Cherry's property and I think that is why we need the variance. That is what I am proposing. ( Meridian City Council October 7, 1997 Page 23 Bentley: I see you have a scale on here and I don't have a ruler with me, vvhat is the height of this proposed? Ritter: I can't tell you the exact height but it is very similar to the signs height wise that US Bank and also H & R Block have in front of their buildings. I think it is 20 some feet. One problem with leaving the sign vvhere it is now and putting in a monumental type sign is that it is going to block the visibility of people entering and exiting so I think it could potentially be a hazard in that respect. Bentley: I am trying to see from your drawing, is this going to be right at the driveway? Ritter: It will be very close to the sidewalk, that is the current location of the sign that is there now. Bentley: That is all I have thank you. Ritter: Thank you very much. Corrie: Anyone else from the public that would like to issue testimony on this variance? Hearing none, Council any further questions? Morrow: Mr. Mayor, I would like to have staff comments by Ms. Stiles and Mr. Smith. Stiles: Mr. Mayor and Council the applicant was requested to apply for the variance because he is applying for a completely new sign vvhich is a non-conforming use. This is a unique situation in that they have already have that sign there. I would have no problem with this variance, I would hate to see someone else, Idaho Outdoor advertising could come in and request the same thing, get an easement for a dollar from somebody and claim that they had the right to put a sign there. To keep with the ordinance that is vvhy they were required to apply for the variance. Morrow: Thank you, I have no further questions. Bentley: Shari, do you have any problems with the structure of the sign? Stiles: As long as they meet the requirements of Ada County Highway District as far as the setback for the site triangles if they can meet that. Twenty feet high is about the height of the new shell sign that has gone on the corner here. It is not quite like the sign that recently went up on Cherry Lane and it would be great if they could incorporate those other businesses because there has been a lot of A-frame signs sticking out on the front. Bentley: Thank you ( ( Meridian City Council October 7, 1997 Page 24 Corrie: Any questions for staff? Rountree: I have a question for Shari, on this variance it would be for this sign and no additions to this particular standard or would the variance allow somebody to come along and request the owner of the sign to put their shingle up there as well. Clear down to the landscaper. Stiles: If they get a variance and a sign permit it will be as they have presented it in their sign permit application. Corrie: Any further questions? I will close the public hearing. Morrow Mr. Mayor, I move that we instruct the City Attorney to prepare the findings of fact and conclusions of law on the request by William Ritter, 317 W. Cherry Lane. Bentley: Second Corrie: Motion made and seconded that we draw up findings of fact and conclusions of law for the 21st of October, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 EAST KATEL YN: Corrie: I will open the public hearing at this time and ask the owner or representative of the Child Care and preschool to step forward. Is there anyone from the public that would like to issue testimony? David Olson, 2145 East Katelyn, Meridian, was sworn by the City Attorney. Olson: I won't take a lot of your time, I just want to state that I am opposed to allowing the day care at this location. The reason being is for the increased traffic that would be generated on Katelyn Drive. Katelyn Drive is not a through street so all of the traffic that comes to the day care would go through an intersection of East Chateau and Katelyn Drive and I don't speak in public really well so I am really nervous. The intersection right now is an unmarked intersection that is a three way unmarked intersection. There are a lot of children in the subdivision. By allowing ten people or ten children at a day care you could increase the traffic through that intersection of 40 cars a day. That is about (inaudible) And I think that is an awful lot for a residential subdivision. So I just want that to go on record and let you guys decide what you want to do. Morrow: Question Mr. Olson, it is my understanding the application that there are already (inaudible) they are asking to increase it by two children. Meridian City Council October 7, 1997 Page 25 ( ( Olson: I don't know if that has ever been approved that there is a day care there. It was my understanding they were applying to allow children there right now. I am not under the understanding that they are currently running a day care there. Morrow: (Inaudible) Olson: There was a hearing at the Planning and Zoning Commission probably about a month ago and I was out of town and unable to attend that. I thought that was for when you, conditional use permit is what this is for. I Morrow: t may very well be, it may (inaudible) so the best of your knowledge there is not currently Olson: To the best of my knowledge, but maybe that is where the all the commission (Inaudible) So six or less they don't need to apply for anything and they want to increase it from Crookston: You do, it is five or less it is an accessory use. Olson: I guess what I am asking is at least take a look at the intersection and look at the traffic patterns there before you grant this. Thank you Corrie: Anyone else from the public that would like to issue testimony at this time? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: I am not really directly involved however I am within the 300 feet of this so it isn't going to greatly affect me. The comment that I have here tonight since many of you have seen me here more than once I am asking please would you take into consideration the people that are really affected by this decision of 4 people our councilmen and of course our Mayor voting if we have to break a tie. Because the people that live on Katelyn and close by are the ones that have to live with it once your decision is reached. I went over there and walked by the property and he is right it isn't a through street and it is a three way. So the access in and out of that property would be very limited. I am having a little problem because the people requesting this aren't here and I don't know if it is because the people in the neighborhood don't really care or if they have decided what difference does it make we can spout off and that is like talking into the wind why waste your time. So I would ask that you please take into consideration the people affected by your decision. Thank you Corrie: Thank you Mrs. Sharp, anyone else that would like to issue testimony? Council, questions or discussion? ( ( Meridian City Council October 7, 1997 Page 26 Bentley: Mr~ Mayor, seeing as how the applicant isn't here my feelings would be that we continue the public hearing and notify the applicant~ If the don't show up the next scheduled appointment that we drop the application. Morrow: Second Corrie: Motion made and seconded that continue the public hearing with the notification to the applicant if they don't show up the 21st that their application will be dropped from the agenda, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35~69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: Corrie: At this time I will open the public hearing and invite the representative of the annexation and zoning to step forward please. Ken Ross, 16325 SW Bens Ferry Road, Lake Oswego, OR, was sworn by the City Attorney. Ross: I am the senior project manager over the Washington and Idaho projects. The project manager that is assigned to this particular project was playing with his kid on Sunday and hurt his back so he is not here tonight. So because of that a lot of the issues regarding planning, design engineering and so forth I am going to defer to Van Elg who is sitting back there and Dean Briggs with Briggs Engineering. I would like to just take a moment to introduce our firm who we are, do as much as I am capable of doing in regards to this particular project before I turn it over to them. We are Pacific Land Management is a tri-state development firm. We started in the Portland, Oregon tri-county area and have in the last four or five years expanded to Washington and now Idaho. This is our first project in the State of Idaho and we are very excited about this project. As has been mentioned before it is a 35 acre parcel it is across the street from Ashford Greens. It is a new development an upper scale development. It has been our heart from the beginning to try to put together a development that is complimentary not necessarily competitive to it but complimentary to it. So we have looked at producing a product that would not directly compete with it but would compliment that existing product. We have looked at a minimum of 8,000 square foot lots for this site and there is I think 118 of them. They go from the smallest lot of 8,000 up to a little over 16,000 square foot lot. Our intent for this particular project was to do something unique. One of the things that we are faced with in developments in Washington and Oregon is usually some significant topography issues. We found that is really not the case in Meridian there is not that much topography around here. So what we looked toward for this particular development was design. To try to do something unique something that would enhance livability. So the design you are going to see tonight I hope reflects that. One Meridian City Council October 7, 1997 Page 27 of the concerns that we has a company have is that we not only generate lots or generate a subdivision but we generate a community. Something that someone really wants to live in. So we consider things like open spaces, greenway strips, pedestrian kind of activity, street kind activity, what kind of traffic and how it is distributed through a site. What it is like to actually live there. Given this particular site and the configuration of this site we have attempted to try and maximize all of those things. As you are going to see in a moment with the site plan we have a very short collector so that traffic is not directed right through the middle of a project but it comes into the project and then is distributed as equitably as possible through the project so as to minimize the traffic in all of the areas throughout the subdivision. We have kind of a central pocket area and then some corner pocket areas. We have what we hope we tried to achieve is reasonable traffic, reasonable pedestrian connectivity and pathways and so forth. Reasonable livability, basically what I would consider life in a culdesac. To me that is the ideal life is in the end of a culdesac and yet with minimal culdesacs there are only two in the whole project. So we have attempted to put together a subdivision that is responsible that way as well as the size of lots that would produce a nice product there. It is our hope and attempt that when it is all done it is all built out that the city of Meridian will be proud of it. Something that would be a good addition to this community. So with that I will turn it over to Van who is going to discuss the design and so forth. Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: If I can I am going to shift over to the other microphone where I can reference my drawing. We started this project with these clients back in November of 1996 I believe it was with the City of Meridian. We have gone through painstaking process of refinement and trying to make this project into something that the City of Meridian could be proud of and that these developers as their first project here in this area could be proud of and so that they can gain your trust and confidence in them. As I said we spent a great deal of time, we discussed it with your staff on numerous occasions with Shari and Gary, Fire Department, various agencies. We are in the process of negotiating still or discussing with Brian Jorgenson with parks, to discuss the landscape issues, Tree Commission. We will get into the trees on this project in a minute. You probably haven't seen a project with quite as many trees as this one has for quite some time. As Ken mentioned the project is roughly 36 acres in size and the requests involved are an annexation and rezone to R-4 from RT rural transition zoning. The density that we are requesting is 3 dwelling units per acre which is similar to the R-3 zoning allowance. As Ken mentioned the lot sizes vary from 8,000 square feet to about 16,000 square feet in size so there is a great deal of variety in this project. There are 16 common or landscape lots within the project with a large amount of buffering along Black Cat Road. We have also created some sort of boulevard for an entrance where no houses front onto this. Part of the reason for this boulevard the way that this is designed is number one to accommodate the fire department's requirements for multiple access lanes. This provides a convenient access in two approaches to a site if one of them happens to be blocked. In addition we have provided four stub locations with the fire department was pleased with as was ACHD. The other thing about this project is you will notice the curvilinear design (- - Meridian City Council October 7, 1997 Page 28 to it, it is kind of a modified block layout. But the curvilinear design provides for some very efficient traffic flows. As a result of this design we have been able to keep all of these streets residential to minimize the amount of street construction and build collectors at this location here to bring the traffic in to funnel it in and then provide turn lanes out onto Black Cat Road. We have also been required to provide deceleration lanes and left turn lanes here on Black Cat Road for traffic, to facilitate traffic moving on Black Cat. ACHD is requiring some crossings at these locations here. The applicant has to provide for money to the trust in the event that property develops. Interesting to note that we have had a traffic engineer review this with ACHD also to verify the soundness of the design and to ascertain whether this project could handle the densities that might occur as the project develops further or as land develops further to the west or along the north or south. They have accepted the findings of Gary Funkhouser of Earthtek the traffic engineer who performed those studies and found that the traffic movements are quite fluent in this area here. You will note also some of the open space areas are designed to accommodate pathways and neighborhood connections. As required by City ordinances there is a block length requirement. Well these block lengths in order to this traffic flow we has to shorten the block length here so that is one of the variances that we are talking about tonight. If you don't mind I will just incorporate all of my testimony for all three of them tonight too, it is easier. So we shortened these block lengths here but these block lengths on the perimeter some of them became a little bit lengthy because of the curvilinear design. So we have incorporated these pathways to break up that block length and these also served as open areas, green area for pedestrian movement, for visual appearance and also for drainage. So they serve multiple purposes. In this location they provide a pathway connection out to Black Cat as well as utility connections. You will note the open space area back here which serves dual purpose, call it is a blue green area it is green when it is not raining and blue when it is. It is a drainage area for us. It will serve as a tot lot amenity back here. The developers have I believe $10,000 or $15,000 targeted for that lot there and for equipment for the children. The other thing you will note is that we have tried to accommodate the Nampa Meridian Irrigation district with the design here. We have the Safford Lateral which is another element of the variance request. I should just as well give you that before I forget. We have the calculations for the Safford lateral (inaudible). You have a letter from the Nampa Meridian Irrigation District that indicates there was some 3000 minor inches of water travelling down that Safford lateral. There are a number of things or factors that have influenced the sizing of that pipe for that Safford lateral. The amount of water that is there, the slope, the head on it and the length of pipe certainly affect the size of that pipe. Dean Briggs has put together a very complete letter there that indicates the minimum pipe size requirement for this project to pipe roughly a half mile of irrigation line I believe is a 54 inch concrete pipe, hence the variance request for that. A corrugated metal pipe is even larger than that, I believe it is 64 or 66 inches in diameter. So you can see there is quite a bit of water there. Part of it I has to do with the flatness of the site. There is just not much movement of that water and it takes a larger pipe to get it through. Anyway with respect to the irrigation on this site we pulled the lots back and away from the irrigation facilities. One of the concerns that they had is that when they come in the ditch riders come in and burn the ditch and Meridian City Council October 7, 1997 Page 29 ( ( the weeds along the ditch they burn the fences or they cause problems with those property owners there. So we have pulled that back and the road, this is all a separate lot that will be maintained by the homeowners association. The fencing will be along this property line instead of this one allowing free access and movement for the irrigation company. It also will help eliminate a problem that they express to us and that people tend to take their grass clippings and branches and weeds and whatever they can find in their yard and dump it over a fence. If there is an irrigation ditch that is a great way to get rid of it real fast. We have pulled that back so that can't accomplish that, they would have to physically go out and (inaudible). But in any event, this lot is identified as the irrigation easement is completely contained within that lot there. As far as landscaping for this project as I mentioned we have a corridor which will provide a very pleasant approach into the project, no lots will front on it. Landscape island in the middle here, and then you will see the vast amounts of trees that we are providing. Many of these street trees that are being proposed here within this development will reach about a 30 foot height (inaudible) Lindens and many of these trees will reach a 30 or 40 foot height with of 30 or 40 foot spread so you will have a real pleasant street seape on this project once that landscape matures. With that in mind, I guess one other thing, there is a proposed sign for a monument for this project and the land group Dave Koga's group has put together this monument sign showing how the monument will look as you enter into the project. I think as you can tell it is going to be a very pleasant and upbeat subdivision. With that in mind I will open myself up for any questions that you might have if you have any specific engineering related things Dean Briggs is here to answer those also. Morrow: Van, with respect to the outside perimeter the greenscape that is going to be owned by the property owners associations is that correct? Elg: Yas Morrow: And it is also going to serve as an access for Nampa Meridian to service their ditch? Elg: That is correct. Morrow And then Nampa Meridian has the understanding that it is simply an easement for them to service their ditch and the property o'Nl1ers have maintenance and right to use in terms of jogging path or whatever it is they wish to? Elg: Well they know that they have the easement there. Morrow: You are not proposing an exclusive easement is my question. So I guess where I am coming from (inaudible) my interest is to make sure (inaudible) through use of that property (inaudible)> ( Meridian City Council October 7, 1997 Page 30 Elg: I did make a proposal once that we dedicate the lots to the City of Meridian but that didn't go over so well. Corrie: Any further questions from Council? Thank you, anyone else from the public that would like to issue testimony in this public hearing? Counsel? Crookston: I have one question, you did intend to have all your applications heard at this one time? Thank you Bentley: I would like to ask Shari and Gary if they have reviewed all of this and what responses are? Stiles: Mr. Mayor and Council, I think they put a lot of thought into this project and have, we have had numerous meetings before they even submitted the application. I think it is a good project and I think they have answered all my questions I had. Smith: Mr. Mayor and Council, I just received Dean's calculations on the Safford lateral tonight. I have looked through them in a very preliminary manner and I can't address specifically the size of the pipe that they have determined. But it appears that they are using a computer program for us analysis. That is about alii can say at this point. Corrie: At this time I will close the public hearing. Morrow: Mr. Mayor, it would appear to me that there has not been any substantial testimony that is in disagreement or such from the findings of fact and conclusions of law as prepared (inaudible) I move that we adopt the findings from P & Z for the request for annexation and zoning of 35.69 acres to R-4 for Turnberry Subdivision by Benchmark Land Co. Bentley: Second Corrie: Motion made and seconded that we adopt the findings of fact and conclusions of law as sent forth by the Planning and Zoning any further discussion? Roll call vote. Crookston: I don't believe that we have findings of fact on the variance at this time because the variance is only heard by the City Council. Bentley: This is for the annexation and zoning. Crookston: I Know but Van said he wanted to hear all of the applications in that one session. That is why I mention that. Corrie: I think he wanted to enter his testimony at that time, we still have to have a public hearing on the variance yet, is that correct? ( Meridian City Council October 7, 1997 Page 31 ROLL CALL VOTE: Morrow- Yea, Bentley - Yea, Rountree - Yea, Tolsma - Absent MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision and recommendation. Morrow: Mr. Mayor, the City Council of the City of Meridian approves for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. (inaudible) assigns, heirs, executors or personal representatives (inaudible) that if the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed~ Rountree: Second Corrie: Motion made and seconded on the decision and recommendation as read, any further discussion. Hearing none all those in favor of the decision and recommendation? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. - BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: Corrie: I will open the public hearing and I will accept the testimony that you gave during the annexation and zoning. Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I would like to incorporate my testimony from the previous hearing into this hearing. Corrie: Anybody else from the public that would like to enter testimony for the preliminary plat? Hearing none, Council any questions or discussion. We will by the way have to go back and do an ordinance for the annexation and zoning. Council any questions? Morrow: My only question would be to Shari and Gary, everything on the preliminary plat as proposed to you is acceptable technically? Stiles: Yes it is to me. Morrow: Gary your response is yes? Meridian City Council October 7, 1997 Page 32 ( Smith: Yes Corrie: I will close the public hearing for the preliminary plat, as you realize Mr. Morrow (inaudible) Morrow: I would like to step back and instruct the City Attorney to prepare an annexation ordinance for the annexation and zoning of the' 35.69 acres (inaudible). Rountree: Second Corrie: Motion made and seconded that we have the attorney draw up the annexation and zoning ordinance, any further discussion? All those in favor? Opposed! MOTION CARRIED: All Yea Morrow: Mr. Mayor then moving forward to the request for preliminary plat, the preliminary plat cannot move forward until the annexation ordinance has been adopted and approved so then I would request that we table the preliminary plat until our meeting of October 21st. Rountree: Second Corrie: Motion has been made and seconded that we continue the public hearing on the preliminary plat until October 21st, any further discussion? All those in favor? Morrow: The motion was to table the preliminary plat, we finished the public hearing. Corrie: I am sorry so we just need to table to October 21st (inaudible). Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO., BLACK CAT ROAD, BETWEEN USTICK AND CHERRY LANE: Corrie: I will open the public hearing for the variance and you can state again or just (inaudible ). Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I would ask that you incorporate my testimony into this hearing also, my previous testimony. If you have any questions I would be glad to answer those. ( Meridian City Council October 7, 1997 Page 33 Corrie: Is there anyone else from the public who would like to enter testimony on the variance for Turnberry Subdivision? Hearing none, Council any further discussion? I will close the public hearing. Rountree: Mr. Mayor, I would move that we have the counsel prepare findings of fact and conclusions of law on this request for variance. Morrow: Second Corrie: Motion made to prepare findings of fact and conclusions of law for the variance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY LEE CENTERS, WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Morrow: Mr~ Mayor, in this particular matter since Mr. Centers and I both share a long history of being concrete pimps together and we also work together~ I need direction from my councilmen whether the fact that we do business and currently are doing business together does in fact constitute a conflict of interest and whether or not I should step down during the course of this action. So having said that, what is their wilL Corrie: Council, I guess the question has been asked, what is your decision. Rountree: If there is no activity pertaining to this application (inaudible) Morrow: No Corrie: Request to step down is denied and you can participate. The public hearing is now open, I request that a representative from Lee Centers step forward. Roger Smith, 870 N. Linder Road, Meridian, was sworn by the City Attorney. Smith: Mr~ Mayor and Council members this application is the rezone of a parcel of ground that is approximately one acre from the current designation of R-15 to R-40. The purpose of that redesignation is to allow the construction of 16 apartment units on this parcel along with the existing single family residences there. This parcel lies between two apartment unit complexes~ One which is owned by the applicant to the south which is currently 16 units. And the other is a multi-unit facility that is to the north that is Hope Arms Apartments~ We feel that this is essentially an infill project. It is consistent with the surrounding zoning and character and believe that it fits nicely with the scheme that is in place there~ The zoning essentially the (inaudible) 17 units on one acre of ground which is going to be very close to the R-15 designation that is there already. There won't be Meridian City Council October 7, 1997 Page 34 (inaudible) in accordance with the conditional use process. Across the street is commercial zoning including the bowling alley, access for this project is planned to go through the applicant's existing parcel to the south with an accompanying easement. The highway district was satisfied with that arrangement felt that it was probably the optimum way to handle accessing this parcel because if it is (inaudible) to enhance traffic flow in and out of the area (inaudible) which I am sure you are aware is under close scrutiny for improvements. We have taken a look at the utilities and have spoken with the public works department and the City and also the Fire Marshall to discuss location of hydrants. Some issues of extension of the sewer main into the parcel and the water main extension. There is some concern about water flows and pressure in that area and we are prepared to take a look at that, the City would like to take a look at that once we get building plans to see what the actual pressure will be there after they do a flow test. Subject to your questions that is alii have. Corrie: Council questions? Rountree: Have you had an opportunity to review the findings of fact and conclusions that were prepared by the Planning and Zoning and if so do you concur? Smith: We have reviewed them and we do concur with the city's findings of fact and conclusions of law. Corrie: Any other questions? Thank you Mr. Smith, anyone else from the public that would like to issue testimony on this issue? Council, any further discussion or questions of staff? Bentley: Mr. Mayor I would like to ask Gary and Shari their opinions and whether their responses have been answered? Eng. Smith: Mra Mayor and Council members and Councilman Bentley, the only thing that I guess still remains unclear is whether we have the required flow from a single pipe entering this development or if it will need to be looped out onto Meridian Road. As Roger mentioned we need to do a flow test to make that determination. (End of Tape) Morrow: Gary is that flow tested with reference to domestic water or with fire flow? Eng. Smith: With respect to fire flow. Corrie: Any further questions? I will close the public hearing. Morrow: Mr. Mayor I don't believe that there has been any additional testimony that would change the findings of fact and conclusions as prepared for us by P & Za I would move that we adopt the findings of fact and conclusions of law prepared by P & Z. (rc-- Meridian City Council October 7, 1997 Page 35 Bentley: Second Corrie: Motion made and seconded that we approve the findings of fact and conclusions of law as prepared by the Planning & Zoning, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley - Yea, Rountree - Yea, Tolsma - Absent: MOTION CARRIED: All Yea Corrie: Is there a motion for the decision? Morrow: Mr. Mayor, I would move that the City Council approve the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law (inaudible) interest, assigns, heirs, executors or personal representatives enter into a development agreement. That the property only be developed under the conditional use process. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement, developing the (inaudible) only under a conditional use process the application for the zoning amendment should be denied. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as stated, any discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS - WEST SIDE OF MERIDIAN ROAD, ACROSS FROM THE BOWLING ALLEY. Corrie: At this time I will open the public hearing and request Mr. Smith Roger Smith, 870 N. Linder Road, Meridian, was sworn by the City Attorney. Smith: Mr. Mayor and Council members I request that my previous testimony be entered into the record regarding the conditional use application similar to the testimony entered for annexation and rezone. Rountree: I have the same question for you. ( ( Meridian City Council October 7, 1997 Page 36 Smith: We have reviewed the City's findings of fact and conclusions of law and concur with those findings. Rountree: Thank you Corrie: Any other questions? Thank you Mr. Smith, anyone else from the public that would like to issue testimony on this .issue? Hearing none, Council? Staff comments? Stiles: The only comment I have is that I guess Roger will be submitting a new site plan with his building permit application and also we need an ordinance on this one. Corrie: Thank you, at this point I will close the public hearing for the request of the conditional use permit. Morrow: Mr. Mayor, as a point of order again I left out a motion that was necessary for an ordinance to change the zoning from R-15 to R-40. So what I would like to do now that we have closed the public hearing is step back and offer for Council a motion to instruct the City Attorney to prepare a zoning ordinance for the rezone from R-15 to R- 40 on the request. Rountree: Second Corrie: Motion made and seconded that the ordinance for the rezone from R-15 to R-40 be prepared by the City Attorney, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Moving forward Mr. Mayor since there was no change in testimony I would move that the conditional use that we also adopt the findings of fact and conclusions of law as prepared for us by P & z. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of fact and conclusions of law that were prepared by the City Planning and Zoning, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley - Yea, Rountree - Yea, Tolsma - Absent MOTION CARRIED: All Yea Corrie: Entertain a motion for the recommendation and decision. Morrow: Mr. Mayor, the City Council of the City of Meridian approves the conditional use being requested by the applicant for the property described in the application under the ( Meridian City Council October 7 J 1997 Page 37 ( conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council for the property required to meet the water and sewer requirements the fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to (inaudible) Rountree: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENT AT 706 E. FIRST STREET: Lisby: I am here again asking that you would drop the, I don't know what you would call it anyhow so that I wouldn't have to be forced to pave in back of my lot or in back of my building. There is a 30 by 120 feet that is mine and there is 30 by 120 feet that belong to Ruth Crow. If this kind of rings a bell for you when I was here March 19th putting this before you before. You told me that to keep at Ruth to try and get her to go ahead and pave this. I sent you a letter telling the dates that I called her nearly every single month since March and she defiantly says no way, no way. She has real problems her business is down, she can't see that it would better her business in anyway to pave. And positively no she will not do it. Well since I originally had bids on this for my property things have gone up. Not only to where it would be more than double close to $12,000 but it would probably be close to $15,000 now just to do my little 30 by 120 and a good share of that has cement on it now which wouldn't have to be done. I think that is exorbitant to place me under that kind of a condition where I would have her heavy beer trucks going through there breaking down my asphalt and the cement that I would have to put down the center for drainage. I ask that you would allow this to drop. If at any time perhaps on down the line that she would go for it boy I would jump at the chance to have it paved because I want to improve the property. But I can't do it from $5,000 to $15,000 I can't do it, that is just ridiculous. Not only that I would have to keep my drain cleaned, not only for my own which would be very little upkeep for my part but with all her rocks and drainage and everything it would put a hardship on me. So I ask that you drop this. Corrie: Council, any discussion or questions, thoughts? Morrow: Mr. Mayor, do we not in our discussion in March give you the time to see until now to see if we can get Mrs. Crow (inaudible) did we not also have before us drawings that clearly indicated that the center of the drain would be centered on the property line so that it would drain both lots? ( Meridian City Council October 7, 1997 Page 38 Lisby: No, it would have to be on my property only. Morrow: I understand now, it is just you were being just your property was being paved, was not the original proposal that if both could be paved and the drain line would be in the center then it would drain in the center so it would be mutually beneficial. Lisby: Yes, but where she refuses to do this of course it would all have to be on my property. Morrow: In order to keep it self contained then that would mean from a technical standpoint that the drainage line would be at the 15 foot point because you are 30 feet wide (inaudible) Lisby: Approximately yes. Morrow: Mr. Mayor, as a point of discussion here, essentially if Mrs. Crow is not willing to be a part of this and basically that leaves one portion it wouldn't make sense for us to require Ms. Lisby to try to create a drainage system where the drain line was at the 30 foot point which is where it should be. Essentially if you are going to on a 30 foot wide by 120 foot lot if you are going to locate a drain at the center and given the elevations that are over there then that means you have to have 4 comers as high points. Essentially as I am thinking Gary it would mean that your fall would have to be a fairly tremendous fall to get that something that is that long and that drain to narrow when it has been done in asphalt. Strikes me as it wouldn't be practical. I would ask Mr. Mayor if I could for Gary's comments on that observation. Smith: Mr. Mayor and Councilmen, drainage on a lot like that where it is long and narrow can generally be accomplished only by using a concrete valley gutter of some kind where you can control the grade. Otherwise just laying asphalt in to drain you need to run at 1 ok minimum grade and you are right you can eat up some height, some depth there in pretty short order. But probably to drain that area you would need to use a concrete valley gutter of some kind to not get deep into the ground with your low spot. Morrow: Gary, if you use the % inch per foot rule those with respect to the concrete grade would be dropping almost 15 inches. Smith: When you are running concrete then you can go to I think the slope now on roadways is three tenths percent. So you can, an 1/8 of an inch of per foot is 1 %, % inch per foot is 20k. So asphalt can't realistically be placed at less than 1 010 grade and without ending up with some duck ponds. Concrete you can lay substantially flatter because you have better control on the grading. Morrow: I guess my point here would be that even with this particular design by the narrowness of the lot we are dropping down and then we also coming back you have back doors out of businesses coming into the same area. I am going to ask for an ( Meridian City Council October 7 J 1997 Page 39 opinion now, in your opinion is this a practical thing to attempt to do without both participating? Smith: I think it would be very difficult to have a split maintenance situation here where Ms. Lisby would be paving her half and have gravel surface on the other half. I don't think you can control, you couldn't design half of it to drain on its own realistically because then you definitely would have a slope problem, an elevation problem. Morrow: Thank you, I have no more questions. Corrie: Counselor, we cannot require the other properties at this point is that correct? Crookston: I have to declare a conflict of interest, I have previously done work for Mrs. Crow. Morrow: Wall let me rephrase the Mayor's question then, what about generically in the State of Idaho can you require a non-consenting property owner to do something (inaudible) Crookston: No Corrie: I would assume then without the (inaudible) Mr. Rountree any comments? Rountree: The only comment I would make is that I would certainly take Mrs. Lisby's offer to hold it in abase until such time as we have agreement of adjacent property owner then call (inaudible) on trying to get something resolved. She is shaking her head no and the reality is that it may never happen. But if both property owners could do something to improve the drainage and the parking situation in that area I think it would be a betterment for both properties as well as the City. Bentley: I would agree, I can't see any use in her laying out that money when it isn't going to work. Morrow: I guess Mr. Mayor, I would like to ask the counselor what is our proper procedure (inaudible). Crookston: Weill still declare my conflict of interest~ I am not sure right now whether or not the City has the right to require that to be paved or not. It has been that way for many years that is just something that I would have to look into to see if the City has the right to do that. Morrow: I guess my question was how do we reverse how we got here in the first place, why was Ms. Lisby, what was the procedure that asked her to pave this in the first place? ( Meridian City Council October 7, 1997 Page 40 Crookston: I believe that and correct me if I am wrong I believe that she initially had an agreement with Mrs. Crow to try and get it done. Corrie: There was a conditional use permit that required on the people in the building (inaudible) Lisby: I have no idea what they said I was under the, I was told since that they got up and said that it would be, that they had no knowledge of that fact. I had no contract with them at the time they did that. I was under the idea that it was because I had remodeled the inside and outside of the building, is that true or not? Corrie: Shari (inaudible) I am thinking it was part of that conditional use permit from way back when. Stiles: Yes Mr. Mayor, it was part of the Karate School's conditional use permit, it was a requirement of that conditional use permit and that was done with Mrs. Lisby's consent and the site plan did show. We had a notarized consent to submit that application for the Karate School. Lisby: With my signature? Morrow: There is a difference here Mrs. Lisby between the application and the conditions. Stiles: I would not want to have the condition removed but if Ruth comes in and has to get a building permit the City can require her to pave that parking lot. Lisby: Then I would be willing to go for it because I want it. Morrow I understand what you are saying Shari but as point of debate here in order to keep somebody from being held hostage the condition can't be there in my mind. I think that obviously if Mrs. Crow decides that she needs to add on or whatever then at that point in time the City mayor may not be able to or want to require her to pave it. But I don't think that in terms of solving the dilemma here that in matters of inheritances and so on and so forth that may take place if there is a condition there which makes a cloud on the property and we haven't removed it then somebody at some point in the future has got an issue that they have to deal with. I guess my preference is that from our perspective that we remove that as a condition of approval on the conditional use permit so that it is done with. And at some point in time if the Crow's need a building permit and it is going to get paved then we make both properties pave the property. Stiles: How do you do that when you remove it as a condition? Morrow: Well, that is a good point (inaudible)w ( Meridian City Council October 7, 1997 Page 41 Stiles: When we have findings that say that was part of the public hearing and isn't there anyway that we can say it is two years and revisit it then? Morrow: I don't think that I want to do that. Rountree: I hear what you are saying but I don't know how you track it. Stiles: I don't either. Rountree: We have trouble tracking more significant issues. Stiles: But when I am gone and somebody goes back and looks at the property and looks at the findings of fact for that property the findings are going to say they are required to pave. I would hate to see, I hate the word variance because I don't think it is something that we would want to grant a variance on. Morrow: I think what you do is you craft an amendment to the findings and attach it directly to the findings. Corrie: Why don't we have the Counselor's assistant look at this and give us the correct procedure and then we don't <have to guess and bring it back to us the next meeting and then we can do it. I would rather be safe than sorry on this. I think Shari has a legitimate reason about the findings of fact. So if the Counsel and look and give us an answer it might help us all. Morrow: I don't have a problem with that from my perspective I just want it out. Corrie: And you are absolutely right we can't have a cloud hanging over that piece of property either. Rountree: And I don't have a problem with that approach as long as the intent is to minimize Mrs. Lisby hardship. Corrie: With that being the case Mr. Attorney would you put our assistant attorney on that since you have a conflict of interest. Thank you, we will get that. Stiles: Mayor, I had, did you have a bond on that? Lisby: (Inaudible) Stiles: Letter of credit and is it part of your reason that you want to get rid of that letter of credit? Lisby: (Inaudible) that I am going to get a back hoe in there (inaudible) it is still going to be a big pain for me (inaudible). So I have a problem here, a real problem. (Inaudible) Meridian City Council October 7, 1997 Page 42 ( Stiles: Well Council can direct how we might be able to amend those findings so at least it said that requirement is postponed until such time as the adjacent property ovvner will coordinate their plans with you. Morrow: I am sorry Shari, what was your response? Stiles: I would just like Council to be able to inform us whether we can add a simple phrase that the paving requirement is postponed until such time as the adjacent property owner is willing to coordinate their plans to pave the entire project is one. Morrow: Let the counselor work his way through that I don't think that I object to that. I think that probably the thing that we need to do now here though is release the letter of credit and that takes a Council motion. Which I will move that we release that letter of credit. Rountree: Second Corrie: Motion made and seconded to release the letter of credit, any further discussion? All those in favor? Opposed? Lisby: (Inaudible) ITEM #18: JOHN ANDERSON: DISCUSSION OF WELL LOT IN SALMON RAPIDS SUBDIVISION: Corrie: He is not here, Gary is John Anderson going to come tonight? Smith: I talked to him and I thought he was going to be heree Well perhaps I can relate some of their concerns if you want me to. They have been approached by the developer to take ownership of that well and utilize it as a supplemental water source for the irrigation systeme I have also been informed by Ed Squires that Marty Goldsmith has requested an increase in water rights on that well about double what it is I think he is asking for a 600 gallons per minute from the existing 300 gallons per minutes water right. Nampa Meridian Irrigation District is interested in taking ownership of that well for operation and maintenance. However they are very concerned about the restrictions that the Council placed on it for monitoring because of the adjacent perceived problems with the wellse They don't want to as I understand it they don't want to assume those restrictions if they do take the well for operation and maintenance. Those restrictions were pretty well outlined in the findings of fact for that subdivision~ Rountree: Have we seen any of the results of the monitoring to indicate that there is an impact on those adjacent wells? ( / \, Meridian City Council October 7, 1997 Page 43 Smith: I have not no, I have been led to believe that they been monitoring it but I have not seen it. I haven't seen the results of their monitoring. They did retain Rountree: It would be nice to have Morrow: I guess from my perspective the other thing is that I would be opposed to seeing a doubling of the water right there. Very candidly there was testimony by the surrounding neighbors that (inaudible) we went through a lot of trouble and a lot of time to protect those existing wells of those neighbors. I am not it doesn't matter whether it is Mr. Goldsmith or Nampa Meridian I don't think that what the Council did was for somebody's convenience I think it was there to serve as protection for the existing neighbors and we ought to in fact stand by those conditions. Bentley: Also in conjunction with what Walt and Charlie have said the figures they are going to have this year anyway are goi~g to be on a high water year. If we increase the outflow of that we go into another dry situation, that is going to greatly impact those other wells. Corrie: 'I think the Council pretty well assured those neighbors (inaudible) so they wouldn't lose those wells. Rountree: No apparent direction there for Gary. Smith: Do you want me to return comment to Nampa Meridian from the Council standpoint that the restrictions or the monitoring requirements would continue to be in place if they were operating and had ownership of that well. Rountree: Until such time as I think we are guaranteed that there is no impact to adjacent wells. Corrie: And there is no (inaudible) those are ifs (inaudible) it stays with Marty. Smith: Thank you ITEM #20: CIVIL SURVEY CONSULTANTS: SITE PLAN REVIEW OF STORM WATER DRAINAGE POND ON FRANKLIN ROAD: Corrie: Would their representative like to come up? Carnahan: I am Don Carnahan with Civil Survey Consultants, we are consultants to the Ada County Highway District for the Franklin and Meridian roadway improvement project that I think you are aware of. As we have requested this design review so we can be in compliance with zoning for that area for storm drain ponds which can be classified as a public service facility. Thursday we submitted some plans and a letter that explain things. I also have some drawings that I can put up and discuss if you ( ( Meridian City Council October 7, 1997 Page 44 would like. I am not sure how familiar you are with these sites and these ponds. Would you like for me to put those on the boards. We also have (inaudible) from the Ada County Highway District and Doral Hanson also. So Rountree: I had a question, I didn't want to calculate the size of these individual lots. But my question is along the lines is there anyway to get multiple use out of these drainage ponds. My point of reference is that I know in the City of Mountain Home there is a rather large one of these that actually functions as a City Park that is not more than a couple of acres but yet it has a dual purpose. It is full of water part of the year and the rest of the year it is grass and has swing sets and that sort of thing in it. Is there an opportunity to do that with any of these sites by possibly combining them or any of the sites lend themselves to multiple uses (inaudible). Carnahan: As far as combining the sites it is not practical from a technical standpoint. As far as a mixed use I guess my (inaudible) as far as the Highway District's thoughts on maintaining the ponds and the liability for a mixed use facility and issues like that. Hanson: Doral Hanson, Ada County Highway District, the District in general when we look at these storm drain ponds would prefer to utilize them in some type of a mixed use facility. We looked at that on these ponds but they are such small sites that one in particular the one on Linder Road we tried to integrate it into the existing neighborhood there thinking maybe we could get them to make it into a tot lot and we just did not feel that there would be the interest there from them to do that. It is not a very big site. As far as turning it into a facility, we would love to turn it over to the Parks department if Meridian Parks Department would like anyone of these facilities we would be more than willing to work with them to design it in such a manner that could potentially be used for mixed use~ But again it seems as though the areas are too small to really be utilized by the Parks department. That is our preference we would just assume actually to have somebody else own them and maintain them with us just have a right to discharge water to them. Rountree: What is the range of sizes? Hanson: In these Carnahan: (Inaudible) Hanson: Where we can we are trying to get 'out ahead of development and try to do a little master planning on things like this so we don't (inaudible) where there are already roads there and we are just trying to fit these things in the lowest point we can get them to. It is quite difficult and unfortunately with the clean water requirements that we have now and the discharge requirements and the existing drains they are almost a necessary evil. Morro~ Mr. Mayor, (inaudible) ( ( Meridian City Council October 7, 1997 Page 45 Stiles: Mr. Mayor and Council this came up during our meeting that we had. I can't tell from this map but I am concerned about the right of way that is going to be built on Linder Road. I think the plans that we first looked at showed much less of a roadway than the 90 feet that we have been requiring. I was just wondering what this plan, what right of way they are allowing for in this plan? Morrow: On my map you can't tell because it is (inaudible) Carnahan: Mayor and Council north of the pond site it is set up for a right turn only onto Franklin Road. Through the pond site and south it is set up for 47 foot back to back roadway section, it is not set up for the ultimate roadway width. At the time I believe the Highway District, I believe that they don't anticipate building the roadway, what they want to do is match the roadway width that is existing south of the pond. Which would be built to a 47 foot roadway section. There is existing curb and gutter in front of the Mallard Landing and then the Whitestone subdivision has sidewalk on the other side of the road. The pond is actually situated outside of (inaudible) future right of way width the actual pond site itself. The landscaping berm would be partially in that right of way. Morrow: Question, I guess the question in my mind would be (inaudible) given the fact that we have an overpass over Linder scheduled (inaudible) is this situated in such a manner that when that road is built (inaudible) tom up and redone (inaudible) Carnahan: The pond can remain as existing siting location, there would have to be some modifications to the berming and along there. Rountree: I think you bring up a point that one of the other ponds is actually in future right of way (inaudible) corporate drive (inaudible) Is that a particularly good idea (inaudible) Carnahan: Yes, and we have looked at, let me put up this other diagram. Here is the site for the temporary drainage pond on Corporate Drive and there has been interest expressed to extend corporate drive along this alignment through here someplace. So we have actually looked at a permanent site down along Ten Mile Creek. But depending on the development and phasing of that it might not be possible to build this pond prior to the construction of the roadway. So that is why this pond is located here and it is a smaller temporary sized pond. Rountree: So Corporate Drive is extended by future development in that area is the burden of extending the storm sewer through that permanent site going to be on the developer or is that ACHD's contribution? Carnahan: I believe the developer will have to work through development services to work that out. ( Meridian City Council October 7, 1997 Page 46 Hanson: The developer will be responsible for his portion of the roadway drainage for the portion of the roadway that he is developing. The Highway District will be responsible for transferring the water from one end of the roadway to the other side. It will be a cost share thing. Corrie: Other questions of staff? Shari do you have anything? Stiles: I would just hate to see that a nice landscape berm is put up and then having to be replaced later or else completely obliterated and the only thing you have there is a pond. We work pretty hard to keep these 20 foot planting strips along all of these entrance corridors and I think if this is going to be a permanent situation they need to count on the 90 foot right of way or the 96 foot right of way which ACHD is now proposing on all of these section line roads and design to that standard. Bentley: I would agree Hanson: I am not from our development services department so I am not sure how we are treating that 96 foot right of way through there. What I would suggest, it appears as thought we are being treated the same as any other developer with regard to the requirements for this site. So I would ask that those be extended to the setback from the existing right of way. If other developers along this corridor are going to be required to be within that 96 foot right of way then we should be. If they aren't then we should not be. Corrie: (Inaudible) that is a requirement at this point. Hanson: That the 20 foot landscape median be beyond the 96 foot right of way. Stiles: On Whitestone it might have been the 90 foot but they are required a 20 foot planting strip requirement beyond that right of way. It is at least 90 feet at Whitestone. The Landing was when ACHD had different standards Hanson: So what you are saying is we need that 96 foot plus a 24 foot landscape strip and is all of that to be landscaped? Stiles: The 20 feet is. Hanson: What about between the 20 feet and the 96? Rountree: Drive down Locust Grove and Ten Mile you will see what happens. Morrow: (Inaudible) Citizen's Advisory Committee (inaudible) what really happens is that you drive down Locust Grove or Ten Mile they are in fact (inaudible) the landscaping is there the right of way. I think if history (Inaudible) Shari is right about Whitestone the were approved for the 96 (inaudible) they are probably 90 (Inaudible) over what section Meridian City Council October 7, 1997 Page 47 line roads ought to be. But the bottom line is that those subdivisions (inaudible) the wandering sidewalks (inaudible) we are waiting for years now the development of the road way through ACHD and it is a point we have not been effectively able to get across to the Commission (inaudible) and now they are in (Inaudible) in the pending development plan development category. That is a prototype of exactly what goes on (inaudible) Hanson: We have had a meeting with the management, this hasn't gone before our Commission this issue. This, excuse the pond but we are going down a new road here. The Highway District has never been before this Councilor any other City Council requesting permission to build ponds associated with our roadways. But kind of the way we are looking at it is we want to be treated like any other developer that would come in and develop this site. Or not have any more stringent requirements. So if this is indeed a requirement (End of Tape) Corrie: And well it should be, everybody should be treated the same. Under the circumstances I think that is what we are saying, he will be. Rountree: The 20 feet on landscaping has always been a requirement of the City but that is beyond, set aside for the right of way that either we established by ordinance which at one point in time was more than what ACHD was requiring then they got close now ACHD has gone beyond the 90 feet to 96 feet. So as that right of way requirement expands then that landscape footprint is going to be further beyond the centerline but it is going to be behind the right of way width requirement Hanson: Are we going to be able to achieve that 96 feet all the way to the interstate, are there existing housing developments in there that are within that 96 feet now? Morrow: (Inaudible) Rountree: Some of them front right on the road. (Inaudible) Carnahan: Mayor and Council can I add something, right now the burden that we have is about a 35 foot wide berm so with the ultimate 90 foot right of way we would still have exactly 20 feet from the edge of the pond to that right of way. So I guess I maybe misspoke when I said the berm would have to be modified it would have to be modified from its original dimensions but we would still have a 20 foot area left to landscape. We thought it would look better if we went from the edge of the pond up at a 4: 1 slope and then back down to the back of the curb and not leave that strip of no man's land. So I am sorry if I confused the issue of that. ( ( Meridian City Council October 7, 1997 Page 48 Morrow: Mr. Mayor, you are right it does look better but we need to hold ACHD to the fire here so we need those no man lands there to keep reminding them how badly we need roads over here. · Hanson: So you are saying that you do want us to put grass in all the way to existing roadway or do you want to leave that no man's land there? Morrow My comment was facetiously made, it would be nice if you put the, leave the no man's land in to remind your folk on the powers to be that we do need roads and we do need them on schedule. But in all honestly it would be nice to have the grass come to the back of the road now with the understanding that at some it has to be 20 feet (inaudible) Hanson: If I may for the record here, another road that we are going down and no pun intended is the maintenance issue with regard to this pond. It is the very first pond that the Highway District will own that there is grass and maintenance associated with the pond. The Highway District has a great concern about this and that is we eventually end up becoming a maintenance organization instead of a road building organization. The more of these that we get we are afraid that this may be opening the floodgates. This is the very first one that we have done and so there is a lot of concern about it. Morrow: You can use them as bicycle park and ride lots~ Corrie: Your concern is justified (inaudible). Where are we going to go with this one, have we made a decision? Morrow: I think he is asking for guidance (inaudible) or some sort or guidance as to what it is we need. (Inaudible) Stiles: Civil Survey initially contacted me and thought they had to go through a conditional use permit process and I was just happy that we had the opportunity to review it through the design review because it is permitted with the design review per the ordinance. I just don't want particularly, the other ponds don't concern me like this one but I don't want to end up with something else like on Interlachen or over by Ramon Vorgason's project on Meridian Road that is nothing but an eyesore and never maintained and I am glad that they are taking a stance that they do need to come to the City and get some kind of a approval particularly for something (inaudible). So I guess the Council probably should make some kind of a motion as to what their conditions are for approval of this design a Morrow: That being the case Mr. Mayor, I would move that we approve the design concept as presented to us by Civil Survey Consultants for the drainage pond layout on Franklin and Linder Road with exception of the drainage pond on Linder Road f"- ( ( Meridian City Council October 7, 1997 Page 49 permanent landscape berm would be required to be behind 96 foot right of way setback and that the further requirement that temporary landscaping to curb's edge to aid in the transition of the roadway width. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: WATERlSEWERlTRASH DELINQUENCIES: Corrie: This is to inform you in vvriting if you choose to you have the right to a pre- determination hearing at 7:30 P.M~ Tuesday, October 7, 1997 before the Mayor and City Council to appear in person to be judged on the facts and defend the claims made by the City that your water, sewer and trash bill is delinquent. You may retain counsel and this service will be discontinued on October 8 unless payment is received in full. Is there anyone present that wishes to contest their water, sewer and trash delinquency? Hearing none, they are hereby informed that they may appeal to have this decision of the City reviewed by the Fourth Judicial District Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the shut off list is $19,325.01. Council, I will entertain a motion for the turn off list to be approved~ Morrow So moved Rountree: Second Corrie: Motion made and seconded for the turn off list to be approved, all those in those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: APPROVE BILLS: Bentley: So moved Morrow: Second Corrie: Motion made and seconded to approve the biHs, all those in favor? Oppose? MOTION CARRIED: All Yea ITEM #23: DEPARTMENTS REPORTS: ( Meridian City Council October 77 1997 Page 50 Corrie: Chief? Gordon: Nothing sir. Corrie: Shari? Stiles: Wayne do you want me to bring up that development agreement? When Hollywood Video came through they had a request for an amendment on the development agreement they were very concerned that because the existing development agreement with D & B and since it transfers to all their heirs and assigns of D & B that once they purchase this lot they are going to be responsible for all of the improvements on Wilson Lane and the remainder of Locust Grove. They have submitted an amended development agreement. Wayne and I have reviewed it and I would ask Council to let the Mayor and City Clerk sign and attest to that amended development agreement based on our review of that document. Corrie: My question is has anybody seen it yet? Counselor do you have it? Crookston: Yes I do Corrie: I guess the question is does the Council want a copy of it and read it first? Morrow: I think Mr. Mayor in view of what we are trying to accomplish with our department heads this is a prime example of delegating the responsibility and authority to them to get it right. We ought to in fact do that. If they are telling us that it is right and we don't have negative feedback coming from the folks that it affects then we press forward with it. If we get negative feedback from the folk that it affects obviously it wasn't right and we fix it. Bentley: Is that a motion? Morrow: It is Bentley: Second Corrie: Motion made and seconded that we approve the amended (inaudible) all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: That was with the bottom line that the Mayor sign and the City Clerk attest. Corrie: Correct (r- Meridian City Council October 7, 1997 Page 51 Stiles: Thank you, I just wanted to let you know that Sonya Day started last Wednesday as my new secretary. If you noticed you can see my desk sometimes now. Bentley: I asked her if she would go into Will's office next. Stiles: We are just waiting on our new space so we can have some more bodies in there. Corrie: Gary? Smith: Mr. Mayor and Council I have got three items that I would like to bring before you tonight. One is an engineering agreement with JUS Engineers to design a pumping facility for Story park to replace the existing facility that we have. Two reasons for this, one is that existing facility is mostly within the Ada County Highway District right of way for Franklin Road. I would like to get that out of the right of way onto Park property. Also as part of this design the engineer would include a screening facility so that we can screen out the debris that is presently bein,g pumped into the system and plugging up sprinkler heads and allow us to automate the back portion of Story Park so we don't have personnel out there at dark thirty putting rainbirds into the aligns. We can automate all of this and eliminate the liability of someone accosted out there while they are doing their work by folks that are known to roam the parks at wee hours in the morning. So I would request your approval of this engineering agreement with JUS Engineers to provide the design services and plans and specifications for this pump facility upgrade at a lump sum fee of $6500. Bentley: So moved Morrow: Is your motion Mr. Bentley include the authorization of the Mayor to sign and the Clerk to attest? Bentley: Yes Morrow: Second Corrie: Motion made by Mr. Bentley, second by Mr. Morrow to approve of the JUS Engineering proposal to relocate the irrigation pumping facility in Story Park in the amount of a lump sum of $6500 and the Mayor to sign and the City Clerk to attest. All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you on that item Mayor and Council, the second item I have is the results of our Tully Park improvements re-bid. Hopefully you have a copy of that. As you can see from the memorandum that Brad Watson put together to me we had four bidders. Low bidder was Boise Paving and Asphalt Company at $634,747.72. The next ( Meridian City Council October 7, 1997 Page 52 paragraph below the list of the four bidders and bid amounts is a paragraph that outlines what the original low bid was and the second low and the fact that we did add a 1 000 gallon sand and grease interceptor and catch basin to the project on the second bid. Also that in the original bid the low bidder it was apparent that the low bidder had left about $20,000 in fencing costs. The bid has been checked and is responsive. As Brad goes on to say that they are subcontracting about 73% of their work and the general conditions do state that not more than 50% can be subcontracted without written approval of the owner. So we would need to do that if it is your intent to award this bid to Boise Paving. We don't have a particular problem with that because of the nature of the work and the various work items that are required to complete the project. Morrow: Question Mr. Mayor, Gary this is probably not true that the of the four bids that ultimately exceed that rule because has a different area of specialty and none of those areas of specialty constitutes 50% of that project. So we would have the same condition with any of the four bidders in all probability. Smith: That is probably a correct statement, without knowing absolutely I think, I don't know anything about JS Construction but Wright Brothers Construction is a general contractor and I suspect their specialty would be building the restroom building that is about it. Everything else they would have to subcontract~ Cloverdale Nursery is just the other way around, they can put in the sprinkler system and do the grass seeding but they would have to subcontract the parking lot and the restroom building and the fencing and that sort of thing. So I think you observation is probably correct Walt. Morrow: That being the case Mr. Mayor I would move that we accept the bid for Boise Paving and Asphalt for the construction of Tully Park improvements in the amount of $634,747.72 and authorize the Mayor to sign and the clerk to attest and we waive the requirement that they do 50% of the work. Rountree: Second Corrie: Motion made and seconded to accept the Boise Paving and Asphalt Company bid of $634,747.72 and the (Inaudible) any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Bentley: What does the time table look like? We notified by addendum to the contractor that because of the late date we expect that we will authorize a stop work order at some point as far as the ground work is concerned. The installation of the sprinkler system for example. There will be temperatures whereby they can't glue their fittings together so the manufacturer recommendations are going to prohibit them from proceeding any further until that air temperature comes up. We were specific in not allowing a stop work order for the restroom facility and the shop area. That will go forward regardless of the weather and that was part of the addendum we issued for this project. So we anticipate ( Meridian City Council October 7, 1997 Page 53 that we will have a work stoppage order due to weather for sprinkler system for grass seeding that sort of thing. We want the contractors to be aware of that so that they weren't inserting some liquidated damage money to cover themselves because of weather. Rountree: We did have a (inaudible) Smith: I think you asked me that the last time and I still don't know. Thank you Mayor and Council, one other quick item. The water tank site out on Ustick and Meridian Road is it your desire that we proceed with the conditional use permit through the County or that we proceed with trying to get annexation? Morrow: I think Mr. Smith it is my desire that we try and get annexation, I think we had that conversation a couple of weeks ago. As a Council we discussed both the sewer site and the water site. It was my understanding the consensus on the sewer site was that we press forward with annexation. Smith: That is correct, Shari has been working trying to get an annexation site for the park site and not having very much luck in making contact with the appropriate property owners. Morrow: Well, did we not discuss it was the Presbyterian church that might have an interest that owns the comer of the SW comer there of Meridian and Smith: They do own that property but there is still quite a gap between them and existing City limits. Morrow: Were we not down to two parcels, was there a question between whether we would go down Ustick or go down Meridian? Smith: I don't think the Sweet's are conducive to annexation at all and we would have to go to the west of them from the property north of Lansbury Lane, I don't recall what the name of that is. But anyway it is a long narrow parcel and then go north to Ustick. Stiles: I would like to know when I talk to these people if there is a possibility that the City, is it legal for the City to defer increased property taxes? Bentley: That is what Boise is trying to do. That is exactly what Boise is trying to do with that SW corridor. Stiles: That is the major issue with everybody. I think that is going to be the issue with everyone we come up against is that they are going to have that mill levy assessed against their property with no benefits. Because in this case the people won't be able to get, I guess they will be able to get water but they wouldn't be able to get sewerw Meridian City Council October 7, 1997 Page 54 ( Morrow: I guess the point is that if we can get close enough from my perspective we ought to try the roadway. Where Stiles: I don't think that is Corrie: How close is it though? Morrow: Well that is the question I am asking, I don't know how close it is. Stiles: I don't believe that is legal to do that. Rountree: We have some other outstanding issues of legality as being questioned and I don't know that we should necessarily just stop because of an assumption on our that it is not legal. It is to our interest to the tune of $70,000 or $80,000 to look at getting this stuff where our infrastructure lies within the limits of the City~ I think we press on with annexation and see where it goes. Stiles: How is it in our interest for $70,000 or $80,000? Rountree: Because we pay fees to Ada County when we go for building permits and that sort of thing for the sewer plant and the water storage facility. As well as when we develop the park site. Morrow: I presented that last week Rountree: That was presented two weeks ago that the fees for the sewer were in excess of $70,000 I believe. Morrow: The fees for the sewer (inaudible) Stiles: That was Ada County impact fees Morrow: No that was Ada County building permit fees. Stiles: $20,000 for the sewer plant? Morrow: For our $4.5 million worth of construction for fiscal year 97/98 the projected building permit fees that we will pay is in excess of $20,000 dollars to Ada County. Our position was that there is a matter of 300 or 400 feet that we are going to annex down the center of the road and let somebody else prove us wrong for a switch. I am tired of being the tail end of what somebody else wants to do. The issue is that it doesn't impact anybody it doesn't hurt anybody, it is a matter of a few hundred feet and so it is not in my opinion a strip annexation. My good friend the counselor and I disagree on that, he thinks it constitutes a strip annexation. I think it does not in the case that we are annexing our own facility. We are not annexing for any other use such as conventional (' Meridian City Council October 7, 1997 Page 55 strip annexation is interpreted to be. I am asking the same question with respect to this facility, how far is that distance from property line down the road? Stiles: It would be about a % mile. Morrow: So 1600 feet? I guess my point is that you roll dice for both and see where it ends up. Stiles: Let me try this property owner again, they are not home often. There is one route that would be preferred because it is one property owner instead of having to go through severaL I guess I just wanted to know where we stood as far as, is there anything we can offer as encouragement that it is to their advantage at all? Morrow: Not really Stiles: Just out of the goodness of their heart really. Morrow: That is true, you are basically held hostage, you can't make deals. Smith: Thank you Corrie: Mr. Crookston? Crookston: Yes Mr. Mayor and Council, I have purchased some law books, some furniture and some computers and printers. I believe that there was enough funds in my 96/97 budget year. Books are approximately $6400, the furniture is approximately $9500, the computers and printers was approximately $11,000 the total purchase amounts that I have total is $25,588.99. I have approximately $31,000 in my capital equipment and office supplies account, I would like to transfer from my office supplies into my capital equipment $15,000 which would give me a total then of about $31,000 which would cover the $25,588~99 which I have proposed to purchase. This is out of my 96/97 budget. Morrow: If there are no questions Mr. Mayor, I am prepared to offer a motion to approve the transfer of $15,000 from the attorney's office supply category to his office capital equipment category in amount of $15,000. Rountree: Second Corrie: Motion made and seconded to transfer the $15,000 , any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ( Meridian City Council October 7, 1997 Page 56 Crookston: Thank you, Gary were we going to discuss the bid on the Boise Asphalt and Paving? Smith: We did, Council awarded the bid to Boise Asphalt and Paving. Rountree: I think if your question relates to your recent letter about questioning the bid amount I think that is something that you and Gary need to sit down and work through. Crookston: Brad Watson asked me for an opinion as to the changing the mechanical contractor and changing the landscape subcontractor and my opinion says that we cannot change those people that were named on the bid at this time. That wasn't mentioned I know that. Smith: I didn't bring that up because I just took it to face value that was what we had to do. Crookston: That is fine. That is all I have. Corrie: Mr. Morrow? Morrow: Several items for an executive session but tonight is not the night for that. Corrie: Mr. Bentley? Mr. Rountree? Okay, Charlie you and I discussed (inaudible) Rountree: I am going to get a hold of them tomorrow and make arrangements to meet with them. Talking about infrastructure. Corrie: City Clerk? I will entertain a motion then that we adjourn at 11 :20 P.M. Morrow: So moved Rountree: Second Corrie: Moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11 :20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council October 7, 1997 Page 57 ATTEST: ( f~t;Jft~RK ( APPROVED: .. CITY OF MERIDIAN PUBL~c MEETING SIGN-U~ SHEET RECEiVED . {) C T - 7 1997 CITY OF NlliRIDlAN P NE MB R ggg--~ ,_ CITY OF MERIDIAN PUB(.....lC MEETING SIGN-U~ SHEET , ?f"";:' /~.~,,-:'~.~ '\-'~ ,D :.,:; r-u...... - G<~> "'.' ~.. {;~:,_.<..' t~~ ""." - i.~~~~~ ~ ~,- ", OCT ~ 7 1997 -crrVOf it~:EiiDI~ PHONE NUMBER ~:g~ ~/Z-3 7 ~ 7~ . FfY-- 2,2 ~~ 3 - gliB ~?:f-; -- )~4~/ C- ~ ~~ f"" ~~ / .$.-- ~-&~'7 <J <(;q~ - 3199' NAME vl S D /( ~')~ <\JLt~L/V1 LCIV('~ ~/d~~_A ~/A~ BL6- 'B\Z-tbb~ ~ , L I ( i ( II ~S--~3'7~ 34L!--r,(jC) 18. 19. 20. 21. 22. 23. ( 10. PUBLIC HEARING: REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN BY WILLIAM T. RITTER, DDS - ,~17 W. CHERRY LANE: [lllJ nAZo'VhVf h jJ1-ef7~rhtc-lc(~ PUBLIC HEARING: R~QUEST FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 E. KATEL YN: C~-hhv.A. ,IJ / If tvMA;t () c;~ 21.r~ ftvIJ-. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - ~LACK_ CAfT RQAD BElWEEN U~TICK AND CHERRY LANE: , J _ ~jJhJW- /I-/'- c/t..-- d e/fy ,?l,~/o~'c..G /1~t'clL. PUBLIC HEARING: REQUEST FOR A Pf'{ELIMINARY PLAT FOR TURNBERRY SUBDIVISION 134 LOTS BY BENCHMARK LAND CO. - BLACK CAT ROAD BElWEEN USTICK AND CHERRY LANE: -la-6el. tvJit tlcb6vz-- 2l fp ftv? PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BLACK GAT ROAD BElWEEN USTICKAND CHERRY LANE: f'/rj / (1/'lJ ~ JV ~. rtr,cc,;,L.- PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY LEE CENTERS - WEST SIDE OF:./MERIDIAN ROAD ACROS. S FROM THE BOWLING ALLEY: approve.- h:?( ell-- ~r/I-e c:tl?ci:r~ ~ e/ty C(~ ;h;J ~;O~ ~~~ PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS - WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: 6.j??H;>Vo.L .,vI.? t elt t?-jJ p 17> v..e'- c:t.R.-c, 'J i"lrrv DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENT AT 706 E. FIRST STREET: r~ ~~ ~ CI'ty~. /0 ch.dc~~ JOHN ANDERSON: DISCUSSION OF WELL LOT IN SALMON RAPIDS SUBDIVISION: 11. 12. 13. 14. 15. 16. 17. SANITARY SERVICES UPDATE: jJj-.fJ~+;19;u -j1./2w t7W~ CIVIL SURVEY CONSULTANTS: SITE PLAN REVIEW OF STORM WATER DRAINAGE POND ON FRANKLIN ROAD: approl/JL ccrn-ccph WATERlSEWERlTRASH DELINQUENCIES: o,?prvv./V APPROVE BILLS: t:Xpf?rov.$!- DEPARTMENT REPORTS: A. WAYNE CROOKSTON, CITY ATTORNEY: 1. TRANSFER OF FUNDS FROM OFFICE SUPPLIES ACCOUNT TO CAPITAL EQUIPMENT ACCOUNT: 9. ~J~~~R~VI~~~~}~~~LD SEPTEMBER 16. 1997: eifprcv~ TABLED SEPTEMBER 2, t997: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: .-;-~ ~e ?Jdt:JM- 21-E: ,hu'}_ TABLED SEPTEMBER 16, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS. COMMITTEES: -/?l6/e tk~. t?c/Oj,-er ZI J? A~_ TABLED SEPTEMBER 16, 1997: ORDINANCE #761 - TRAFFIC SAFETY COMMISSION: ~Ue t~ Oc:/tr~L.-21 ~ ~ TABLED SEPTEMBER 16, 1997: ORDINANCE #775 - VACATION OF GENTRY WAY: -/7L6CL- ~ ~1.- 2I~ Ih'~ _. TABLED SEPTEMBER 16, 1997: ORDINANCE #776 - BUILDING & PLANNING AND ZONING DEPARTMENT: <fabte ~ t/clo ~ 213 /h~ PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK COMPANY: aj?jlTt7Ve ;,va-A Unu{,.h~ PUBLIC HEARING: REQUEST FOR A VARIANCE FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPA~ CpMPANY: e/?vt a~y /-0 fY'-Lt~ /3tf!-t elt. PUBLI~ HEARING CONTINUED FROM SEPTEMBER 16, 1997: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO TILE THE SAFFORD LATERAL BY GOLFVI~fSSOCIATES LIMITED PARTNERSHIP: t! L?:rv7'7 hv..e.. PI H ~ t!}ch b?~ 2-1 dfr InW' PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LUMBERMANS BUILDINq CENTER - 415 E. BROADW~ 'y: . e / I-; allrVJ>ej Iv ~jJ~ EI:;: t c It. MERIDIAN CITY COUNCIL AGENDA TUESDAY, OCTOBER 7, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: WALT MORROW GLENN BENTLEY MAYOR ROBERT CORRIE X CHARLIE ROUNTREE ~Std- RON TOLSMA 1. 2. 3. 4. 5. 6. 7. 8. / f \ ( APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 7~ day of 6J (/~, 19917 ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED VOTED!f!A- VOTED ~. COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) VOTED (I NITIAL) APPROVED~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW _ ~ f 2~ by /tJ~,J[~/L {~v[ ~ ~~~6r MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: ITEM NUMBER: 20 REQUEST: CML SURVEY CONSULTANTS: SITE PLAN REVIEW OF STORM WATER DRAINAGE POND ON FRANKLIN ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OePT: CITY FIRE OEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDJAN 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 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. P.o. Box 39 1530 W. State Street Meridian, Idaho 83680 (208)888-4312 Fax 888-0323 Timothy A Burgess, P.E. Vice President October 2, 1997 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Franklin Road (Linder Road to East 1 st Street), ACHD #52091 b Meridian Road (East 1 st Street to Franklin Road) Dear Mayor and Council Members: On behalf of the Ada County Highway District, I am requesting that the Ada County Highway District Franklin Road (Linder Road to East 1 st), and Meridian Road (East 1 st to Franklin Road), Storm Drainage Facilities be placed on the agenda for Tuesday, October 7, 1997 City Council meeting for a design review. These facilities will handle the storm drainage from the proposed Franklin Road and Meridian Road projects to be constructed beginning this falL These facilities are classified as Public Service Facilities which are permitted under the current zoning ordinance with a design review. A prellmln::Jry meeting was held with Gary Smith and Shari Stiles of you staff; Ross Oyen and Dorrell Hansen of ACHD; Tim Burgess and Donn Carnahan of Civil Survey Consultants to discuss drainage facility concepts and design aspects which would be acceptable to Meridian City and ACHD. The attached drawings represent the major elements discussed at this meeting for each site. The drainage facilities consist of three storm drain ponds to be constructed as part of the proposed roadway improvement projects. One pond is a temporary facility for Corporate Drive which will be replaced by a permanent facility to be constructed near Ten Mile Creek at the future extension of Corporate Drive. All of ~hese ponds are designed to be retention/detention ponds which will remain dry except during, and for a short time following, rainfall events. A brief description of each site follows: 1. Pond One, Linder Road - Buckner Parcel This pond location is east of Linder Road between Franklin Road and the Ten-Mile Creek. The two sides 9fthe pond that face Linder Road and Barrett Drive are shown with a 4-foot high landscaped berm. The berm will be sodded with an automatic sprinkler system and a mixture of evergreen and deciduous trees. This berm are will be maintained on a regular basis to preserve the landscaped appearance which is along Linder Road south of this parcel. The other north and east sides are shown with a 6- foot high cedar fence. The area between the berm and fence is to be seeded with a dryland pasture mix which will not require regular maintenance. This area will be mowed and maintained with a broadleafweed control as required to maintain a neat appearance. ( ( Meridian October 2, 1997 Page 2 of2 2. Pond Two, Franklin Road - Western Dairymen Parcel This pond location is north of Franklin Road in the north-west comer of the Western Dairymen Parcel. This site is bordered on the west by Hoff Forest Products; on the north by Canfor USA; on the east by Dairymen's; and on the south by future commercial property. This site is not immediately adjacent to a public roadway and is proposed to be surrounded with a chain link fence similar to the existing fence of Hoff and Canfor. The area inside the fence is proposed to be seeded with a dryland pasture mix. This site will be mowed and maintained with a broadleaf weed control as required to maintain a neat appearance. 3. Pond 3 - Temporary, Meridian Road This is a temporary facility located west of Meridian Road in the future right-of-way of Corporate Drive. The pond will be set back from the roadway 50 feet. A chain link fence is proposed along the easterly boundary of the site facing Meridian Road. Barricades or barricade boards will be placed in front of the chain link fence facing Meridian Road. The pond will have a volume capable of handling a 10-year storm event with an overflow to a historic discharge point on the west side of the pond. Since this pond is temporary no permanent seeding or landscaping is planned for this site. When Corporate Drive is extended this site will become a paved roadway. 4. Pond 3 - Permanent, Corporate Drive A permanent pond is proposed to be located near Ten Mile Creek adjacent to the future crossing of Corporate Drive extended as shown on the vicinity map. Timing and amount of development is this area will control when this pond is built, as well as its final location and configuration. Details of this pond will be submitted for design review once they are available. On behalf of the Ada County Highway District we are requesting approval of the plans for permanent Pond No.1 on the Buckner parcel adjacent to Linder road; Pond No. 2 located on the Dairymen's parcel north of Franklin Road; and temporary Pond No.3 on Corporate Drive extended west of Meridian Road at this time. We are also requesting approval of the concept of a future pond near Ten Mile Creek to service the future extension of Corporate Drive. Final plans for this future facility will be submitted for Design Review when available. Thank your for your consideration of this request. Sincerely, Civil Survey Consultants, Inc. ])~ ~~ Donn Carnahan, P .E. ( ( MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: REQUEST: DEPARTMENT REPORTS ITEM NUMBER: 23 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: 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 IRRfGATION: 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 ( ({Ycrn-- w~e. RECEIVED OCT - 3 1997 .. ~ ~. - & ~ ~ -.. ~ ~- CITY OF MERIDIAN 1\ (;rrI'TI~ . ()I~I~I(;I~ 1~(JIINIrr(JI11~ 0394 3408 CHINDEN BLVD.. BOISE, 10 83714. (208}367-0239 CUSTOMER'S ORDER NO. DEPT. DATE 7 REC'O BY KEEP THIS SLIP FOR REFERENCE ~flJIt - (,(,@t{I..it:fmlu. ~ 7544 Lemhi #2 Boise, ID 83709 (208)-377-8796 (800)-657-5392 FAX (208)-322-6979 ( Invoice DATE INVOICE # 9/30/97 24690 BILL TO SHIP TO lVleridian City Attorney Accounts Payable Meridian City Hall 33 East Iqaho Meridian, ill 83642 P.o. NO. TERMS Description , Cyrix P-200+,txPro 512k Cache,5 bay Mini ,v/230watt, 32 meg Ram, I Trident PCI Video w/2meg, 16bit PoP Sound w/speakers, 12x CD, 2.6 ,Gig HD, 1.44 floppy, 104 keyboard, Mouse w/pad, 15" SVGA Monitor, Win95. 'Upgrad to Microsoft Natural Keyboard -, l\'Iicrosoft Office Professional CD-ROM ; to-port Linksys 10BASE-T Hub . HIP DeskJet 820 eX! w/cable HIP LaserJet 6p w/cable APe Surgearrest \vlTelephone Idaho Sales Tax Qty : 6" Unit Price 1,200.00 Extended Price 7,200.00 3. 6: 1: 2 1 6 30.00 285.00 110.00 275.00 900.00 25.00 5.000/0 90.00 1,710.00 110.00 550.00 900.00 150.00T 7.50 CUSTOlVlER SIGNATURE Unless collected at time of sale, Purchaser is liable for any taxes or charges imposed by la,v on the sale or delivery of merchandise. Merchandise may be returned for exchange only ,vithin 30 days of purchase. Open balances shall bear interest at the rate of 1 1/20/0 per month (180/0 APR) or the maximum rate permitted by law until paid. Customer will be responsible for all costs incurred in co7';ection of delinquent accounts. There is a $20 service charge on all returned checks. TOTAL $10,717.50 0.* o * 0.* ;~")~~~tr:t!~"'..Q.l( 9ffi...f-=:;j;;':~- ,.7;;....:.;"'.\;~...';!j.. .:~~ t,~~...-::...-~~.. ~~~,~~~J'>7.;.:c;"?1\...:rt:'::"~':"'1 :.;..~ ~~~~ ~~~:;:.i ..;.... .~7(:~~ . . ;. 4.721 32+ 6 0 j /I. 5 6 + DIAN-~~.. . 5 ~ Q; .. 1 2 + '9. 479-05+ 183642 e 1 . 5 4 + :: 888-4813 6,'8}~59* tlJ f'S f (!;/'OU-? 6:2{) .C'fP~,..nl(in Dr. p.a ,;,30)(' h<lg 3 3 Sf. fJa.ul fiN SS//t;1-/&tJ3 THIS NUMBER MUST APPEAR IN ALL CORRESPONDENCE. INVOICES, SHIPPING PAPERS AND PACKAGES. PURCHASE ORDER 4477 EXPENSE # 0/ -- u*'11 b, 70 - tJtJ PLEASE ENTER OUR ORDER FOR THE FOllOWING - TO BE SHIPPED AS DIRECTED. DESCRIPTION t-:~ 'J \ 'i... INVOICE # DATE WANTED' aTY.ORDERED JduJ;f...: r)ic,~.sf- - ~';I,-f- I . ,,\;J J J da /i (' /c~f}Gr 75 - A Ii it r,'C{i i) -3"UJ I 5 p'" u c( t tt (' e 61UGkS I-avv dC,L CONDITIONS GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYED FOR ANY REASON. ADVISE US IMMEDIATELY, STATING ALL THE NECESSARY FACTS. TO AVOID ERRORS, NOTE SPECIACA TIONS CAREFULLY AND IF UN- BY ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. .I' ...\ I J /~} , -r-....- . , .r ..-1 /~i~/b'l..'/ "''\ (j ,.f4 , , . ,- f.. , I . . I .:;. J. ~ l . . . :i1 AMOUNT I I I I I I I I I I I I I I I I I I , I I J I I I I I I I :~ . to--" .\ / I j~ ( PURCHASING AGENl ~/~';'t-..JJ.:.... ( - - ';"V".;;:'~'-"-,; " -.y:o' "'::~~""'}'''~'''''''''''!y'(~~J;'- '- 4:;',j~~,i:!t,~": ';:,,-~,,(._.;, ". ,.,"., "i -'~"'''''~~;n,..:'f';;:;:~'=,;'"P'~.~:tl'.~':'''t~~;;'i:''~;ir.:a.~'''''''''~;> \ CITY OF~ MERIDIAN ~:.~-i..~,~ 33 E. Idaho Ave. MERIDIAN, IDAHO 83642 PH: 888-4433 · FAX: 888-4813 THIS NUMBER MUST APPEAR IN ALL CORRESPONDENCE. INVOICES, SHIPPING PAPERS AND PACKAGES. ;vi /c I) / e- p(. /6(J( 7d~7- OS:;)~ PI}I/ad-e/ h/Q/ PIJ.19J7u-u35~ ,ED DATE WANTED INVOICE # /97 /lS/f P / PURCHASE ORDER 4479 ;. J : ~~~ '/6 t 96- (17J ED PLEASE ENTER OUR ORDER FOR THE FOllOWING - TO BE SHIPPED AS DIRECTED. DESCRIPTION UNIT PRICE AMOUNT 1LJ, Cudt!- ~~- Uu/s t~'17 Surf )?J a (!. 1<2. D r d ere cJ._:: -' J. i! S c eJ't., 9 6 I~ V -?- tv!t91.5 If) ,Cud+- 71 R ~/1 IP/91 ~Jr? ) J7) C{j{.(~ b'c; R. fj //14 1L197S .1 ~ft H i i ) C U J ) +-.,. (j CONDITIONS SUBJECT TO OUR INSPECTION AND APPROVAL. WILL BE DELAYED FOR ANY REASON. ADVISE US " STATING ALL THE NECESSARY FACTS. =iORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN- BY 11PLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. ~ /" , ff :J'/'I/ .... ~; ,...,'r . , . . I ~ .I J-/17:~ :1t ~! 7';77' blJ I I I I I ' I I . I /~ .-~ I ; __ l._.' : /~ ; I /. : 0 () .__. :._ ' { ,. (-- I -' - I - I I ,/' /.. : /' '/" c' ..... :;: _ < \....-' - I t.......- '"-" . _ I / I --., ~ OJ : / I~ I / (~... ~ I I '-' I ___~ ~. _) 1,,- r/ ...----- --'.-. I _ I r'~ ,~I ~1(...l_'..J ..... I - / I I I \ : "/7---'~.J.~)'-'-' '"2--.--- - .-' 1 "'-~'7,'f V. {. I -' ~ I" .' '- / ....j' ,.. -' - 'l ~ . .i:"'- ~_t~ L "'... I , " ,.... ~URIfHAS;NG AGENT '. , I ( L~ (~. G(~ I ... r I (Q (.~j !5( ~ ~T 666 I I ! =-J ( ~ -,~ ~'~;~~~":-'-':".~';.""l':l-?::';':W'~;.p....,",~~~,.,--,,~,...~~z,~r~~:;"~i~"')" ,;.'w ..-"'1yS,>;.....?:~.;; 1~r;:~.' ..;:..~~-;;ir~ ,~ .ow. ..~.........:--:.,~.:;.c>-J'--~...:~.7i..ojo//..,;~~fW~;;~~~~~~:0..-O'~;;.~~,Z1;~~~~ CITY 0 F, MERIDIAN ,--, .. '-~ 33 E. Idaho Ave. MERIDIAN, IDAHO 83642 PH: 888-4433 · FAX: 888-4813 ::.( THIS NUMBER MUST APPEAR IN All CORRESPONDENCE. INVOICES. SHIPPING PAPERS AND PACKAGES. PURCHASE ORDER 4. 4 -7 0.- ~ '\ t .: : i /' r', · , ( , {~i ;-,' . '.J-- -r 1- . ; L, ~_ L. ~ . ! ~ lit*-" ~ ~ I .~il. ~ EXPENSE # , 0/- o.J/ /(P 170-GJl1 , , . I' J · "t. .. \ . I .; l l 'I t , - { oJ' '~. ,,\ ,l .'- .....",' ..- r 1 :; I " L),._J ~ -" . / :' t : DATE WANTED INVOICE # .~: i{') /<-:i' (_: ~ ...- ~) - ::/ - .~. ~ - ......J ~ PLEASE ENTER OUR ORDER FOR THE FOllOWING - TO BE SHIPPED AS DIRECTED. DESCRIPTION UNIT PRICE AMOUNT QTY.OADERED --r c c; f /-; / I_in r.:.. / u ::.- / i ' t:.. _le ~;~l/n.- i...( G._ "7 1/+;< c-1IYH_ .(/SL; ! ciJ /1 Ie ~ I ~\'/I " . ..:;/' : (. L- : r-.: / : /1_ , .; -I.I'~ J I" "'..,.-... 4.., "'. -../ c; 1/; ~ I ~ I - I I I I I I I I I I I I I f ---""/ ' , . ( /' -~ - .:..:-/ ,,: I I I I I I I I I I I I I I I I I I.. r ' ~ ,. .v.:.- I I I 1 I I I 1 : /J ~J I / ."J ~ . r-, )(.' ~~_. CONDITIONS ________________---. .' GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL- - -- ---- -.- ~- ~ n -..-. _. ---.--:--;-.. - - --'--.. -)-- ~ >- .- -~;-'7"- --- (4 'f. I"" " IF SHIPMENT WILL BE DELAYED FOR ANY REASON, ADVISE US , I I" ." .." < f' i I IMMEDIATELY, STATING ALL THE NECESSARY FACTS. J~[ ../ i"iJI J .'. c. l /wr-:~1' ,.-; ""." L-/A. 1 :'".t TO AVOID ERRORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN. BY ',: I' .... /~" PURCJ:f'~SING AGENT ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. -- / (../ -/u I / I, )u _ U I I t ~ -:.; /::- it" . , ...J/). /. ( . '. .;c:-~"",,,...~".;~ \:;" ....,;,-,=.0-,,.,.-. 'i''''~ ~ ~";;"'4"""'~~~~"'I:.~"7,;:::'P'f?,:..I$,:jii c;~",~; .7'l""..~r,.;;""~~'.\~1.)I;':~~~;t""'~':f~"1-{!:!.F:.~!;:',:~>!,:.;::F ';.-_~,,:-,-_'c-C:- CITY OFLMERIDIAN ..-4 33 E. Idaho Ave. MERIDIAN, IDAHO 83642 PH: 888-4433 · FAX: 888-4813 ,:-t THIS NUMBER MUST APPEAR IN ALL CORRESPONDENCE. INVOICES, SHIPPING PAPERS AND PACKAGES. . I "', i. _. ;";' ..: t.... ./ .~. "':";;./1 / , .... /....... '.. ( , .,.,.J . ." ../' ,) 'r 1-- ~. / " / ) I;" / i~ · L.' · I / (_~ 1'\ '-":" ~,~ oJ i , '. , ; ~ i ( '(( -.1""1' '_. f . - . J -'-' ) '.r L --!.- --, ( L [: .::. [ - ,>C. :1 j DATE WANTED PURCHASE ORDER ;". ' ~ it, 4 ....J-' ~ l- .. ,_ 't v INVOICE # ._-.) (.. / (: / / J (; ~- .' I .. <.... ~. _..... PLEASE ENTER OUR ORDER FOR THE FOllOWING - TO BE SHIPPED AS DIRECTED. DESCRIPTION UNIT PRICE OTY.ORDERED T/.' .. .--/. .. ,.,1 L-t ,'f ~' /..- - ~ . '_/ /) "c' ;..... I ' J tl ~ .- J'---- :- I / ,.; I - j ';'; t ' . / i r' I. /' .:', I . " . ";', t., I r '::~x /: J (~~ f.. f ',' ~ i ~",ll/~.;t~Ii' ,/' t I · . f' i ;., ,\. i 1/ ' (" I, ..-------- -'- ---. - p - -. ..._--~... - _. -. ~ ~, . ~","_.-- //'-r .fu v / ,: /' /1;',1/ r' i ~~I- t~ / CONDlllONS \... GOODS ARE SUBJECT TO OUR INSPECTION AND APPROVAL. IF SHIPMENT WILL BE DELAYED FOR ANY REASON, ADVISE US IMMEDIATELY, STATING ALL THE NECESSARY FACTS. TO AVOID ERRORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN- ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. EXPENSE # o -()~/(P1 () -00 AMOUNT .II:;;' !: _." I / i .>j I I , : I I I . I ,_'_. _.:.._.:---:~ --- ) /' /. (J : '., ~:;' . I It' / : : ~;i 7" --.---1-- .... // '?--; k:J I I I I I ..-..- _...-. p - . - - ._~_._- _. I I I I I I I J I I I I I 1 j / 1'-'/(' I. :. '-.' I -. v' .i ,.. / I. -...- .:_) ;-........., .. /I't:' t'_ BY I I i-~j J/"..i/'..."."- I '.,I t ( . i ~..' ~-; ,<'-l.;Z\~ \~~-_.. , . PURCHASING AGENT j . ';~J~:C". ..:.. ~t1!"'~ "" ...~.;;}..~~~7,:--'~~~~".""~~ "~'~ :~ --nr-~~~~~f?~)1~:?~~r'r-;.;c~..~.~-\.)~.(~~~~~.t~'~j~ . f .! . ........-- & ~ ~'i .. " '" , CITY OF MERIDIAN".: ~., _33 E. Idaho Ave. MERIDIAN, IDAHO 83642 PH:. 888-4433 · FAX: 888-4813 '. ~ ~....i.i THIS NUMBER MUST APPEAR IN ALL CORRESPONDENCE. INVOICES, . SHIPPING PAPERS AND PACKAGES. PURCHASE ORDER 4474 t ~J tf:-_ /~':' <'. II --f--/ i. .I' ~- Jr. · (.,,- I (( L) 1/:, jl I:J ; '. "I" .._'/ C.'. l . " .,." /\ ,.' .-.J -j..../ 1'" j -, --- . -J · ~ -::. ; l C..:/ ! i....,'. I , /1_ /.....r; I ,/ (. CI -/ l-(. DATE WANTED INVOICE # QTY.ORDERED PLEASE ENTER OUR ORDER FOR THE FOLLOWING - TO BE SHIPPED AS DIRECTED. DESCRIPTION UNIT PRICE AMOUNT . TA X I 1_ ,. / I . ".J/ L I ~J: I I -." I - ,_- 1 _._----"---~- I I I I I I I I I I I I I I 1- ""1" ~ ~I I I I L / :;;'/ I I - / I .. L: - - ----:. _._.- I 1 I I I 1 I I I I I I I ..-;;1 /I~,- 10 / ;//;) i (if / ;-1 /~~:y( ~ '.: G I I I /_. j i .' r ~ :... ..J-~; c )~ --;-, I /~\ ; . ...1- '.___ .. 1/..._ CONDITIONS GOODS ARE SUBJECT TO OUR INSPECTION AND APPRQV AL IF SHIPMENT WILL BE DELAYED FOR ANY REASON, ADVISE US IMMEDIATELY, STATING ALL THE NECESSARY FACTS. TO AVOID ERRORS. NOTE SPECIFICATIONS CAREFULLY AND IF UN- ABLE TO COMPLETE ORDERS AS WRITTEN NOTIFY US PROMPTLY. '- " BY . ....J0I- . .! .4"..... " .... PURCHASING AGENT interoffice ( IA LV. - 7rrv ~ ~~~. )%-Z/Q1 ~t ' ;a,~A:l4 I .~~I I I I ! i MEMORANDUM to: Gary Smith, PE CC: File from: Brad Watson, E.I.T. p re: Tully Park Improvements - Re-Bid date: October 7, 1997 Four bids were received for the Tully Park re-bid. The totals, after going tlrrough each one and correcting arithmetic errors, were: Boise Paving & Asphalt Co. Wright Brothers Construction Cloverdale Nursery JS Construction $634,747.72 $670,067.72 $678,451.68 $694,061.91 As you recall, Boise Paving's bid on the original bid was $605,138.75 followed by Newby- Wiggins Construction at $625,411.78. According to Tim Burgess, a 1000 gallon sand/grease interceptor and a catch basin, estimated at $4,000 to $5,000, were in the second bid that was not in the original bid. This was due to the plans not being totally approved at the time of the first bid. Also, as you may remember, I believe Boise Paving left approximately $22,000 on the table for the baseball fencing in the original bid. Another factor that may have influenced their bid was the fact that the second low bidder stated in the newspaper he did not intend to re-bid. Boise Paving's bid is responsive. The proposal was complete, subcontractors form complete, bid security was included and the addendum acknowledged. They intend to subcontract approximately 73% of the work. The general conditions state that not more than 50% can be subcontracted without the written approval of the Owner. Due to the varying nature of the work items I do not believe subcontracting 73% of the work is a problem and we should be able to approve there written request when received. from the desk of... Boise Paving sent me a list of five reference projects for three owners. That list is attached with my notes on it. Larry Bledsoe of City ofNampa and a representative ofITD did not return my calls. As you can see, John Edney gave Boise Paving a good recommendation. Brad Watson, EJ.T. Asst. City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 (208) 887-2211 Fax: (208) 887-1297 c:\bw\m4\bidsummary1 07 .mem .dot ~ m E E ::::J CI)............. ~~~q> mN CT"" :~ ! n. (/') ~ Z UJ ~ UJ > o 0=: a... ~ ~ 0=: <( n. ." >- --g -J .. (f) :3 .! .~ .-~o:: J!l c Q) E ~n i E C 2 c ~.! .2EE C/)en O-CD c.~ 2i: ~ .Qc ~t.o. 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C) N ~ co ~ 0) ~~U) OlNO<Oo)N~CO mg~~<o~~~ (")~a;).nU'>.......~o ~ll'icON~Or$? 0 0t;~~T-~~t; tit ~ tit- (t) '0 (") 4) Q Cd Q. ~~g~g~~~ g~~ai8~g~ ~O~CDT-t--.N"'" si~fft~~~~~ ffl-utf.f1tW.......N4f9-CD 69- tIit ... ~~~~~~~ t--~~J--I-I-~ .. ~N(I')~IOU),......:2 4)4)4)CDC)CDUJm ~~~~~~~~ "fi-fi"fi~1j"fi"fio C/')C/')~~UJCJ)rnt- n c CD E E ~ tJ) ~E cec 04) oQ.~ ~~ 1S.E ~ ern 2~ 0 ~g ~~Q.E &~ 8 U)_ 'C; tD U) 5 "0 ~ .= 'E .!!! ~ ~ ~ CD_.:t:! 0:: ~ ~~5r~ Gi CD4)l!CD"CCi)-g (7jo:~~~~~ fI) >< -ci :0 ! E ::s U) "0 :c (N_ ( DELINQUENCY FOR TURN OFF SCHEDULED FOR 07/09/97 MAYOR: This is to inform you in writing, if you choose to, you have the right to a Pre-determination hearing at 7:30 P.M. Tuesday OCTOBER 6, 1997 before the Mayor and the City Council to appear in person to be judged on the facts and defend the claim made by this City that your water, sewer and trash bill in delinquent. You may retain council. This selVice will be discontinued on unless payment OCTOBER 8, 1997 is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? No response. MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, their water will be shut off The amount of the turn off list is $19,325 01 { ( 'Ll fY OF MERIDIAN - DELINQUENCY LIS I ACCT NAME ADDRESS NOTES PAST DUE 1-170 RICHARD LOYA 721 W 3RD ST $119a39 2-402 ANDREW LUBACKY 912 NW 7TH AVE $143.65 2-900 AL T A CONSTRUCTION 968 NW 12TH ST $48.16 ~-952 TIMOTHY THOMAS 1464 W STATE ST $183~48 ~-1840 RICHARD HAIRSTON 218 W MAPLE AVE $106.14 ~-2350 DIANA HARPER 126 126 W WASHINGTON AVE $93.67 2-3180 WAL TER RYAN 1131 W 7TH ST $124~98 ~-4800 JUDY TODD 1080 DELMAR DR IN FULL $125~41 ~-5960 GAINES/SCHULER 1104 WASHINGTON PL $172~ 73 l2-6180 rrERRY AHRENS 1228 W 11TH ST $136.33 2-6660 SUSAN DAVIS 1101 W 11TH ST $119.78 3-16 STEVE CRESWELL 784 N ABERNATHY WAY IN FULL $59.39 3-102 KENT MILLER 617 N TIDWELL WAY $50~62 3-292 ROD SHURTZ 2195 W SYNDER DR $265.48 3-298 DAVID KING 2137 W SYNDER DR $106w25 3-400 JAMES ALLEN 795 N TALL PINE PL $69.33 3-418 R RICHARD THURBER ~42 N TALL PINE PL $107.71 5-344 DWIGHT CLIFF 4120 W BIG CREEK DR $97.36 5-678 MARK BURT 1341 N OAK CREEK WY $97.36 l20-126 CRAIG WALLACE ~345 W WHITE ASH DR $120.29 l20-1272 GEORGE WOLFE 1780 N ARONMINK WAY IN FULL $89.45 [20-1556 L YND HOOVER. 3420 SUGAR CREEK DR $146.86 20-1664 STEVEN MEDLEY 3761 WOOD MONT DR $157.97 f20-1774 STEPHAN WESTON 3732 W STANWICH $151.57 [20-1942 JASON KEMPER 1821 INTERLACHEN WY $112.68 20-1984R STEVEN FEASTER 3777 QUAKER RIDGE DR $101.61 21-28 DA VID KEMP 1860 KRISTEN WAY $97.35 21-506 TRACIE FULK 2846 N QUARRYSTONE WY IN FULL $143.02 21-582 MARJORIE CHANCE 2606 W PEBBLESTONE CT $132.42 ~1-996 R KRISTEN GOURLEY 2723 W PEBBLESTONE CT CASH $304.02 21-1132 GARY MEL TON 2463 N MAXIE WY $139.46 21-1712 MELANIE JAMES 2245 LEANN WY $108.71 21-1754 KEVIN BINGHAM 1851 KRISTEN WY $208.79 21-1766 RICK COFFMAN 1960 MARIANNA PL $149.58 21-1968 T AMRA WELDIN 2511 REBECCA WY $108.88 21-2070 MICHAEL ANKENMAN 2993 W ANN ST $77.29 21-2710 STEVEN SHEARER 3191 W FOXTROTTER DR $142.20 ~1-273 R RICHARD THURBER 2506 N STONE PL $118w43 21-2946 GERALD VARNER 12895 W FIELDSTREAM DR $191.63 10n/974:14 PM ( ( 'tori rY OF MERIDIAN - DELINQUENCY LIS I ACCT NAME ADDRESS NOTES PAST DUE 21..303~R GERALDINE BARR 2991 W RA VENHURST ST $135.88 21-3068 PATRICK BOYDSTUN ~943 W JOUST ST $134.54 21-3160 DOUGLAS PETERSEN 3087 N THAMES AVE $175.81 21-3172 RICHARD DICKIE 3112 N THAMES AVE $214.03 22-914 R JEAN RUCKER ~261 MONACO WAY $173.02 ~2-1 008 GARNETT BLEDSOE 2065 N AST AIR WY $94.26 l22-1216 ROBERT WHElLER 2208 W HENDRICKS ST $97.47 l22-1290 MICHAEL NIGH ~070 LASHER CT $200.46 ~2-1420 DUANE DAVENPORT 1719 W MCGLLINCHEY ST $131.97 l22-148 R JAMES ST ATLEY 1701 SANDALWOOD DR $142.37 22-1504 RANDY SIMPSON 1764 SANDALWOOD DR $126.21 31-176 R JOHN OBERBUBOR 1912 NW 12TH ST VACANT $145.62 31-508 ALICE STRA TE 1492 STOREY ST $90.26 31-732 WILLIAM PENDELTON 2132 NEWPORT DR $168.75 31..856 JOE KLEFFNER 1218 W CHATEAU AVE $107.71 31-1686 MARK WOLFE 2778 NW 12 ST $178.99 31-2238 LEROY BLEDSOE 1310 DARRAH DR $74.71 31-230 R KAREN GESELLE 2801 NW 15TH ST $183.52 31-3036 BENJAMIN HASSIS 1303 W CHA TEAU $99.63 31-3042 ~LAN BEAN 1089 W CHATEAU DR $150.53 31-3232 JEFFERY MURRAY ~311 NW 11TH ST $80.03 31-3258 ROBERT GEORGE 1140 W KINGSWOOD CT $57.05 31-3294 ROD WERLE 1061 W NEWPORT CT $104.29 31-331~R GLEN EVANS 1050 W KINGSWOOD CT $115.58 31-3354 ELIZABETH LEONARDSON ~232 NW 10TH ST $85.06 32-446 R WILLIAM CAVINESS 2054 NW 8TH ST $102.17 32-568 MELVIN FISHER a20 CRESTMONT CR $86.18 32-616 CONNIE JO 1910 CRESTMONT DR $155.49 32-1280 STEVEN HINES 392 W WOODBURY $82.73 32-1362 DARREN DRINKALL 308 W WATERBURY $48.16 32-1436 WAL TER MODEN 622 W WOODBURY DR $60.74 32-1582 HOME ART CORP 897 W CREEKBURY ST $66.67 33-2266 KEVIN MCBRIDE 2424 N EUREKA AVE $107.37 33-227 R RIK&CAROL LEWIS 2533 N ARROW WOOD WY IN FULL $87.84 33-2528 IrHOMAS DILIUO 2424 N CAPECOD WY IN FULL $70.30 33-2550 JOHN ST AMAND 2564 N CAPECOD WY IN FULL $93.73 33-3646 ANTHONY EZELL ~09 E BALDWIN ST $85.01 ~3-4348 CHARLES KINGSTON ~536 N TUSCAN AVE $130.85 34-342 RONALD DARCO 1686 JERICO RD $146.57 10n/974:14 PM ( ( t,. iY OF MERIDIAN - DELINQUENCY LIS a AceT NAME ADDRESS NOTES PAST DUE 34-812 KARL KAUTZ 2298 NE 10TH AVE $171.92 34-846 SEAN EQUALS 911 E BROWN BEAR CT $126.49 34-958 CHERYL MARX 2594 N V ALMET PL $174.84 34-994 DREW MASON 2592 N SHOVELER WY $224.05 34-1036 RONALD LANDON 1288 E HUNTER DR $222~O7 34-1074 LANNY LEWIS 12615 N SHOVELER WY IN FULL $65~94 34-1650 HAROLD PHILIP 952 E HAWKST $149.86 34-1754 DA VID LIEBERMAN 2307 N LARK AVE $149.63 34-1764fR RICHARD CUNNINGHAM 845 E CHA TEAU DR IN FULL $246.26 34-1844 STEPHEN BUFFATT 2092 NE 10TH ST $350.81 34-1880 SHANNON JOHNSTON 2062 N LARK PL $171.22 34-1954 PHilliP WINGATE 905 E WILLOWBROOK DR $79.19 34-1982 RODGER RODRIGUEZ 958 CLARENE ST $112.03 34-205 R RONALD HOMSHER 1785 TEARE AVE $67.75 34-2701 VIJYA LAXMI DEVEL. INC SPRINKLER COUGAR CR. $438.00 34-171 R RICHARD THURBER 1408 E COUGAR CREEK DR $94.12 34-2802 BRETT DUNSTAN 1316 E RINGNECK CT $120.34 34-3286 ROBERT HALE 1527 E STIRMY DR IN FULL $117.74 ~2-258 CAPITOL CHRIS. CENTER 2760 E FAIRVIEW AVE $618.33 f42-26 0 CAPITOL CHRIS. CENTER 2760 E FAIRVIEW AVE $226.15 ~2-346 ~RONJONES 2392 E APRICOT DR $78.52 ~2-444 R RANDALL SMITH 2327 E GRAPEWOOD DR $239.70 142-468 KYLE HILL 2561 E GRAPEWOOD DR CASH $344.99 42-1172 CHARLES MARTIN 2119 N SIMERLY $59.79 42-2734 P.R. HARWOOD 1818 E GLENLOCH ST $177.09 42-4070 ARBY CROSS 1814 E COUGAR CREEK DR $83.83 46-212 CRAIG FINLAYSON 3826 E PRESfDENTAL DR $99~87 46-468 KEVIN BORCHARDT 1071 N FILLMORE DR $68~40 46-4618 TABLE ROCK BREWERY 3550 COMMERICAL CT $313.85 49-901 FRED BAGLEY SPRINKLER $37.89 50-12 PAUL SMITH 29 E STATE AVE $75.30 50-90 ROBERT HENDRY 515 E STATE AVE $108.21 50-226 JAMES HOWELL l234&236 E STATE AVE $146.37 50-2036 KA THY RIVERA 957 W WENTWORTH ST $61.24 50-2106 RICHARD ROBINSON 1278 N STONEHENGE WY $115.14 50-2302 KENNETH TODD 1159 E SHELLBROOK DR $89.48 50-3724 STEVE MEISTRELL 995 N RALSTIN PL $149.96 50-3742 KEVIN BAILEY 946 N SCRIVNER WY $144.94 50-4490 BRIAN WINTER 514 E PINE AVE $58.56 10n/974:14 PM ( ( (;. rY OF MERIDIAN - DELINQUENCY LIS'", ACC-T NAME ADDRESS NOTES PAST DUE 51-446 127 CLUB 127 E IDAHO AVE $305.43 51-770 R PA TRICK KURDY 130 E IDAHO AVE $62.56 51-786 SON SHINE, INC 114 E IDAHO AVE $145.76 51-988 EUGENE STRATE 825 E PINE AVE $60.57 51-3154 DONALD CORNELIUS 111 E 3RD ST $57.84 52-170 R EARL CORYELL 41 E FRANKLIN RD $58.16 68-102 RENOWN CONSTRUCTION 1429 E TIME ZONE DR VACANT $134.24 ~9-140 OWEN TENNYSON 1525 E BLUE TICK ST $74~43 169-182 DONALD BURNS 1444 E DOBERMAN ST $54.31 169-522 DOUGLAS PORTER 1118 E PEACOCK ST $85.90 69-608 STEVEN MOREY 1807 S SWAN AVE $144.66 69-1076 DAVID RUPERT 923 E MARTIN DR $102.31 ~9-1304 KENNETH WILDE 2508 S ABACa WAY $213.70 74-356 UOE WILSON 692 HANOVER CT $134.15 74-1032 BRADL Y MICHAELSON 46 ROSE CL $57.05 74-105 R VEST A MONTGOMERY 28 ROSE CL $72.24 74-1056 SANDRA HINZ 22 ROSE CL $57.70 74-1260R ROBERT MA YFIELD 305 S MERIDIAN ST IN FULL $27.1 0 74-1458R ARTHUR BERRY 513 S MERIDIAN ST IN FULL $320.67 74-2612 R ALVIN IRBY 1001 W KIMRA ST $60.46 74-2822 KENNETH BARR 1421 W CRESTWOOD DR $308.59 74-2876 TRACY USSERY 1345 W MERGANSER $111.62 74-310 R KEVIN BURKHEAD 937 W EGRET DR IN FULL $80.04 74-3216 STEVEN WILLACY 926 W GREENHEAD ST IN FULL $127.62 74-3238 DEBRA RULE 1134 W GREENHEAD DR IN FULL $135.00 74-3336 KENNETH ILG 1525 W GANDER DR $77. 12 74-3954 BRIAN BURGESS 1404 GANDER DR IN FULL $128.43 R-RENTER B-BUILDER TOTAL $19,325.01 10fi/974:14 PM (" ( 10/00/95 ~35 $26,917.96 a4 $6,695.95 11/15/95 181 $21,043.78 ~5 $4,271.74 12/13/95 t67 $25,869.42 54 $12,519.57 12I17/96 46 $18,874.87 168 $5,347.35 3/13/96 58 $19,934.89 ~8 $3,154.20 4/10/96 i62 $21 ,055.55 58 $4,701.91 5/15/96 196 $16,980.06 38 $2,713.32 6/12/96 263 )19,527.28 45 $3,291.76 i7/10/96 217 )16,444.58 64 $5,610.89 an /96 137 .13,860.07 98 $9,750.27 9/4/96 142 $16,315.14 t96 $10,800.74 10/1/96 173 $20,416.27 138 $16,339.93 11/6/96 l:>25 $26,517.16 65 $7,815.25 1213/96 ~S64 $40,442.27 87 $9,014.0Q 1n/97 ~)54 $14,513.21 11.4 $1 0, 116.82 ~4/97 ~~O9 $27,739.74 87 $7,711.27 3/4/97 377 $34,112.56 74 $6,727.97 /1/97 ~24 $37,234.43 93 $8,140.86 /6/97 ~81 $21 ,753~58 88 $7,585.18 ~/3/97 308 $28,882.56 58 $5,185.00 /1/97 350 $32,960.43 67 $6,262.60 l/5/97 301 $35,710.04 80 $11 ,553.55 9/10/97 342 $38,950.68 171 $8,427.93 1 0/8/97 144 l$19,325.01