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HomeMy WebLinkAbout1997 04-15MERIDIAN CITY COUNCIL AGENDA TUESDAY, APRIL 15, 1997 - 7:39 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD APRIL 1, 1997: (APPROVED) 1. TABLED APRIL 1, 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (TABLED UNTIL MAY 69 1997) 2. ORDINANCE #754 -ANNEXATION/ZONING TO I-UMURASKO: (APPROVED) 3. ORDINANCE #755 -ANNEXATION/ZQNING TO 1-L/PROPERTIES WEST: (APPROVED) 4. PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST: (APPROVE SUBJECT TO CONDITIONS) 5. ORDINANCE #756 -ANNEXATION/ZONING TO T-E/B.W. INC.: (APPROVED) 6. TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: (APPROVED) 7. ORDINANCE #757 - REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): (APPROVED) 8. ORDINANCE #758 -VACATION OF SEWER EASEMENT/BERTH NEELY (NAPA AUTO PARTS): (APPROVED) 9. ORDINANCE #759 VACATION OF EASEMENT/PACIFIC LAND SURVEYORS: (APPROVED) 10. SITE PLAN REVIEW: FAMILY PHYSICIANS OF MERIDIAN LOCATED AT TEN MILE ROAD AND CHERRY LANE: (APPROVE SITE PLAN) 11. REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: (APPROVE FINDNGS; APPROVE CONDITIONAL USE PERMIT) 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR. 13+ CHILDREN BY RHONDA WILLIAMSON: (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 13. REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): (APPROVE FINDINGS; APPROVE CONDITIONAL USE PERMIT) 14. REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: (APPROVE WITH CONDITIONS) 15. DEPARTMENT REPORTS: A. GARY SMITH, CIN ENGINEER: 1. PRIMARY CLARIFIER PROJECT -TEMPORARY POWER: (APPROVED) 2. NAMPA MERIDIAN IRRIGATION DISTRICT LICENSE (APPROVED) AGREEMENT ADDENDUM -EIGHT MILE LATERAL CROSSING: (APPROVED) 3. ENGINEERING AGREEMENT FOR 2 MILLION GALLON WATER TANK (APPROVED) 4. ARCHITECTURAL AGREEMENT -SPACE PLANNING STUDY: B. SHARI STILES, PLANNING &ZONING ADMINISTRATOR: 1. DOUG AND LONNIE HILL: ITINERANT MERCHANT PERMIT: 2. BEDFORD PLACE NO. 3: CONNECTION OF PATHWAY: C. RON T4LSMA, CIN COUNCILMAN: 1. BSU STUDY OF CITY/RURAL FIRE DEPARTMENT SPLIT: (APPROVED $250 FOR STUDY) D. WILL BERG, CIN CLERK: 1. CLARIFICATION ON APPROVAL OF BYRON SMITH: (AMEND MOTION TO BEGIN APOINTMENT APRIL 15, 1997) 16. EXECUTIVE SESSION: MERIDIAN CIN COUNCIL APRIL 15 1997 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 P.M. MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charlie Rountree, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary smith, Bill Musser, Boy Scout Troop #191, Gary Lee, Jim Witherell, Ann Witherell, Robert Smith, Clinton Yaka, Linda Matthews, Jeff Swanson, Jerry Rowhand, Ken Shelton, Vern Crofts, Rhonda Williamson, Gordon Anderson, Doug & Lonnie Hill, Mike Tanner, Joseph Hanson, Jim Williamson: MINUTES OF PREVIOUS MEETING HELD APRIL 1, 1997: Corrie: Council, you have reviewed the minutes from April 1, 1997, 1 will entertain a motion to their acceptance. Bentley: Mr. Mayor, I move we accept the minutes from the April 1st meeting as written. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we approve the minutes of April 1St as written, any discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: At this time I would like to recognize the Boy Scouts from Troop #191 here tonight, thanks for coming fellows. How you have a goad time seeing how your City government works tonight. ITEM #1: TABLED APRIL 1, 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: Corrie: Council, we did receive a request from Mr. Saunders to table this to the May 6 t" meeting to give him a little bit more time for his request. Bentley: Mr. Mayor, I move we table the request for rezone of 9.42 acres to May 6t". Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that we table it until May 6t" the request for rezone by Lorin Saunders, any further discussion? Hearing none, all those in favor? Opposed? Meridian City Council April 15, 1997 Page 2 MOTION CARRIED: All Yea ITEM #2: ORDINANCE #754 — ANNEXATION/ZONING TO 1-UMU RAS KO. Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE % OF SECTION 8, TOWNSHIP 3 NORTH, RANGE EAST BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This ordnance is the Michael and Michelle Murasko property. Is there anyone from the audience pence that would like to have the Ordinance #754 read in its entirety.? Entertain a motion cn on ordnance #754. Rountree: Mr. Mayor, I move that we approve ordinance #754 with suspension p nsion of rules. Tol sma: Second Corrie: Motion made by Mr. Rountree, second b Mr. Tolsma that we Y accept Ordnance #754 with suspension of rules, roll call vote? ROLL CALL VOTE: Morrow —Yea, BentleyYea Rountree —Yea To -- � lsma — Yea MOTION CARRIED: All Yea ITEM #3: ORDINANCE #755--ANNEXATION/ZONING TO 1- . LIPROPERTIES 11VEST. Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE % OF SECTION 18, T.3N., R.1 E. B.M. ADA COUNTY, IDAHO, AND PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance for Mr. John Barnes Properties west Inc. Is there anyone from the audience that would I i ke to have Ordinance #755 read in its entirety? Hearin none I will entertain n a motion. Rountree: Mr. Mayor, I move that we approve Ordinance #755 with suspension of rules. Morrow. Second Corrie: Motion by Mr. Rountree, second b Mr. Morrow that we Y adapt Ordinance #755 %4th suspension of rules, roll call vote. ROLL CALL VOTE: Morrow --Yea Ben -� Bentley Yea, Rountree, Tolsma —Yea MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST: Meridian City Council April 15, 1997 Page 2 MOTION CARRIED: All Yea ITEM #2: ORDINANCE #754 — ANNEXATION/ZONING TO I-LIMURASKO: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE '/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This ordinance is the Michael and Michelle Murasko property. Is there anyone from the audience that would like to have the Ordinance #754 read in its entirety? Entertain a motion on ordinance #754. Rountree: Mr. Mayor, I move that we approve ordinance #754 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we accept Ordinance ##754 with suspension of rules, roll call vote? ROLL CALL VOTE: Morrow Yea, Bentley — Yea, Rountree --Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #3: ORDINANCE #755 — ANNEXATION/ZONING TO I-L/PROPERTIES WEST: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE Y4 OF SECTION 18, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is an ordinance for Mr. John Barnes Properties West Inc. Is there anyone from the audience that would I i ke to have Ordinance ##755 read in its entirety? Hearing none I will entertain a motion. Rountree: Mr. Mayor, I move that we approve Ordinance #755 with suspension of rules. Marrow: Second Corrie: Motion by Mr. Rountree, second by Mr. Morrow that we adopt Ordinance #755 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow --Yea, Bentley — Yea, Rountree, Tolsma — Yea MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST: Meridian City Council April 15, 1997 Page 3 Corrie: At this time I will open the public hearing and invite a member of the subdivision or firm to speak first. Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: At the conclusion of the last meeting Councilman Rountree requested that we contact Idaho Power and discuss their requirements for an easement that would be situated over an existing overhead power line that traverses along a line that it is adjacent to and pretty much on the property line in a portion of this subdivision. Which I have done, 1 talked to the representatives, they are aware of the blanket easement that is now in effect. We will proceed with a relinquishment of a portion of that easement up to a point that they have designated to us. Along those lines we have adjusted the preliminary plat. It is a varying width along the east boundary of lots l believe it is 7, 8, 9 and 10. So we shifted the 20 foot landscape buffer to the west and allowed room for that public utility easement. I believe you all should have copies of those revised drawings. I would be glad to answer any further questions or concerns you may have about that revision. Bentley: I don't have any questions on the new mapping but I still have a question concerning the landscaping, the berming, the graveling of the parking areas for the yards. I haven't seen anything or heard of anything concerning, has this been decided out and how it is going to be done. Lee: Well the presentation and the CC&R's and the suggested development agreement included of course the landscape buffer that we have presented earlier, the 20 foot strip along the rear lots if that is what you are speaking of. Also it spoke to the type of servicing that would be allowed in storage areas as being gravel. As far as drainage and those parking areas even in the front they will have to use best management practices in treating that groundwater or storm water either through bioswales or sand and grease traps or some sort of method that is acceptable (inaudible). Bentley: 1 am still really concerned about the drainage, the water issues and the graveling of the parking with all the various uses that are going to be there. I am not so sure that paving isn't going to be the answer to help protect these areas in there. Lee: I guess the thing, if you are talking about protecting we are trying to decide what it is you are trying to protect. I have to assume it is the ground water layer that those wells are growing from for domestic use. As I presented to you previously there are layers of clay beneath the surface that act as the cut off layers that protect it now from contamination to a point. The types of run off that you will have from these parking lots will be limited to probably grease and oils from engines and equipment to a certain degree (inaudible). Those types of things can be treated either in sand and grease traps, or in bioswales to help remove the grease before it goes into the groundwater. Again even if it does penetrate the surface which it will, it will percolate and it goes Meridian city council April 15, 1997 Page 4 through the colichi layer and it probably will in places it is still protected by layers of clay in that strata, it is no different than anywhere else in town, it is the same type of situation. Corrie: Any further questions of Mr. Lee"? Thank you Gary, I will invite the public to enter extra testimony at this time. Jim Witherell, 215 S. Locust Grove Road, Meridian, was sworn by the City Attorney. Witherell : First of all I want to say that you have hurt my feelings terribly. In reading through your findings of fact it said that I am standing in the way of progress of the city of Meridian. I will remind you that 1 have represented the city of Meridian on the Ada County Centennial Committee and I was the President of the Historical Society for two years the year before and during the centennial and now somehow I am standing in the way of the City. I have to apologize I haven't moved. On the point of law, most states have a law for nuisance, elsewhere it has termed quiet enjoyment in Idaho it is termed comfortable enjoyment and has been since 1916. The law does not say, this is Title 52 Idaho code, it does not say that comfortable enjoyment is a good idea. It does not say that the City might want to award us some degree of comfortable enjoyment. It says enjoyment is inviolate individual right, intrusions by noise, dust, water, light and even property value loss where it is not the single head of damage are nuisances and are specified in the code per se or as in res judicata. where nuisance affects one person it is a private nuisance. where it affects more than one person it is a public nuisance. Light industry next to residential could be considered a public nuisance. It is certainly going to affect more than just one party. You have opted to annex the property next to us as light industrial which we are a very low residential area. So potential for nuisance is extremely high. However we do recognize that you have also opted in your findings of fact to attempt to regular nuisance through conditional use and through the plat, we thank you for this. You have reserved an annexation the right to impose conditions in excess of the conditions otherwise specified in either the comprehensive plan or the City ordinances we thank you for that too. Therefore we request the following conditions toward the mitigation of nuisance. one, easements, this is not an nuisance but by now it apparently has been decided what the Idaho Power easement is. We would also need to point out that our irrigation ditch runs right in the middle of that easement. This is called an historic irrigators right or easement. We don't know if this will affect your decision on how wide things should be but you should know, your City Engineer should know that there is that easement within the easement. Item 2, yards, your City ordinance says that they cannot have a contractors yard within 300 feet of a residence. we have dealt with this developer enough to know that we can get into scraps over definitions. You can have a contractors yard which means a contractor doing business such as a plumber or you can also have storage yards, working yards, service yards and for that matter lumber yards which would not be covered. These can produce more noise, dust and light than any contractors equipment. This may be met in the ordinance you meant all of these things but the term is contractors yards, we would request under your powers that you have given yourself in your findings of fact that all Meridian City Council April 15, 1997 Page 5 yards regardless of description be setback 300 feet. That takes care of a major dust issue and noise issue. Landscaping, this is the big one, your ordinance requires only a minimum of 20 feet of adequate landscaping. However you now have the right as Council or even under Idaho Code 53-334 to determine what is adequate. Now consider first, this is not just a landscape, this is a severe transition, it is from industrial to low density residential. It is a severe transition from Industrial to rural. The location is on the approach corridor to the City and in the public view because of the open areas presented by the residents. Therefore it is not a typical situation. We do not believe that the minimum of 20 feet is adequate or appropriate. This is a highly unique situation which we think has been encountered by council for the very first time. Second, the landscaping is the first line of defense against intrusion of nuisance or industrial into residential rights. The function of this is more than mere landscaping, there is a partial nuisance abatement in addition to being a transition. Therefore we are requesting a 35 foot setback exclusive of any easements. This is very logical, we are asking for 3 foot rise over 2 feet on a low berm and then dropping sharply on the industrial side. This still allows five feet for some sort of landscaping on the inside so that the people on the other side are not looking at a brick wall. We are asking for a masonry fence fluted like a sound fence with fluting face in the inside. At the apex of this berm (inaudible) we are asking for this masonry wall to be 8 foot in height. This is a total of 8 feet which is allowable under your ordinance for light industry. In this setback between the wall and the residences we are requesting evergreen trees. Now so far all we have heard is that they are going to be some sort of trees as described on the plat which is when Mr. Lee was asked about this he said he didn't have any idea of what was intended this was the landscapers development. He had better know now because we are to the point where it has to be done. We want these trees on a 15 foot hatched spacing so they will absorb dust and light and not just in a straight line. We are further requesting these threes be a 3 inch caliper. We are further asking this berm be continuous that is not broken into chunks behind the house, the last developer attempted that. Your required a masonry fence, he said behind this house I'll put a masonry fence, behind over there I'll put a chain link fence. Remember this will be seen by the public it should be continuous, this is a piece of landscaping into the city of Meridian in and of itself. We ask that all landscaping be done at the start of the project and not in phases. At the last Council meeting your director of development said that usually landscaping is done in phases but usually this is a cedar fence between residential properties. In this instance the landscaping is also part of a legal issue and it will have to grow in order to provide any mitigation. We anticipate by the time phase 2 is started there will only be just enough height for the trees to have grown to be of any mitigating affect. In addition as most of us are retiring we will be selling our homes within a few years we will have to disclose by law that there is an industrial park going in behind us. We cannot take them out to our back fence and say now please imagine a berm back here. This puts us, the developer has springed about this unfair disadvantage in marketing. We are not at a terrible disadvantage in trying to sell our houses. Item 4, the buildings, since we are now assuming the buildings W11 be at the back of the lots because of the 300 foot contractor yard. They are now closer to the residences then the residences are to each other. This raises the ante for intrusion of light and sound and risk of fire and explosion. f Meridian City council April 15, 1997 Page 5 We request that all of the buildings in the conditional use area be of single story height so they do not reflect sunlight or heat. Be constructed of masonry to contain fiery explosion and retain sound. I have already been told by my insurance carrier that our rates will go up because we are next to a risk. Have all delivery and truck traffic to the front including the warehousing to reduce noise. And have low density lighting not higher ten feet to reduce light intrusion. Nature of the businesses, under the conditional use we anticipate warehouses and offices as these are the most compatible. There is nothing that says he cannot put very nice in with his light industrial. However warehousing can induce hazardous material. It was testified by Mr. Lee that all hazardous material wi11 be stored and handled under the regulations of government agencies. Regulation by government agencies does not limit nuisance. It was determined in State v. Hanomine that even though industry is regulated and correctly regulated it is no barrier to intrusion. So we are asking that outside the comprehensive plan which we realize is a suggestion but it was suggested by your Planning and zoning that no hazardous material be handled or stored near the residences. VILE also ask for the obvious reason that under the conditional use area that the hours usually be confined to 8 to 5. Dust, dust it a per se nuisance but is this particular two of the affected have dust as a serious health problem which could be life threatening. We request a reduction of dust by simply not creating any. That is simply under your authority requiring that all of the services be paved. If there is no gravel or dirt then there is no dust. Paving would also mitigate traffic noise. Finally water, water is a tough one. We have raised domestic water several times in public comment but it is never addressed in findings of fact other than to be noted. This is perhaps the most serious intrusion because without water we don't have any housing. Inevitably this would result in a lawsuit because we cannot risk contamination of water. However, we have several options on those, we ask that one the developer provide water and sewer to the adjoining residences at his expense as part of this plat. It seems absurd that city water and sewer within a few feet of our homes while we are at risk of losing our water. Alternately as with dust mitigation requiring all streets and yard services to be paved throughout the development, not just on the conditional use side, throughout with formal storm draining. This would reduce the risk of contamination and surface would be totally controlled. on a parting note on water contamination we again do repeat that we are working on the authority of the geology department of Boise State University. They said it would be contaminated we believe them. Mr. Lee previously testified and testifies now that our water heretofore has not been contaminated by E -coli from cattle manure. What falls out of a truck and falls out of a cow are totally different. Manure is biodegradable, chemicals like battery acid, antifreeze, oil, gasoline, car washing soap are not. They %4 11 leach, E -coli will be killed in the first five feet. Corrie: Thank you Jim, does anybody have any questions of Mr. Witherell? Anyone else from the public that would like to give testimony at this time? Ann Witherell, 215 S. Locust Grove Road, Meridian was sworn by the City Attorney. Meridian City Council April 15, 1997 Page 7 V itherell: Gentlemen, you have indeed taken on an awesome responsibility in protecting our property rights. I would ask that on future plats so that you can be reminded that we really are there and we not just whistling Dixie. That Mr. Lee include our roof lines on the plat so that you can see how close we are to the property to be developed. In some cases it is less than 10 feet. Also the location of the well heads, it doesn't matter which direction the subsurface water goes when your well is right on the property line. I wouldn't trust any studies to protect me in that case. Mr. Pressley's well is less than 5 feet, I know the Smith's well is right up against the property line. Ours sets back about 30 feet, we are the furthest one. So if you could pleases instruct Mr. Lee to include those two items on his plat, it would be our minds at ease. Thank you. Corrie: Thank you, anyone else from the public that would like to issue testimony at this time? Robert smith, 335 S. Locust Grove Road, was sworn by the City Attorney. Smith: Gentlemen, I would like to bring up a concern that Mr. Bentley has about the graveling of those yards. I too know that will leach into our soils and the only way you can really use a proper grease trap or anything is either have asphalt or concrete to collect all of your waste water so that you can leach or settle the amount in a grease trap. You can't do it in a gravel yard it will leach before it ever gets to a grease trap. Secondly I am a consultant for Hinckels and McCoy electrical consulting firm and we are now working on a project called Mahogany Park at the corner of South Eagle Road and McMillan. They are building a masonry fence right now, it is 10 feet high to buffer that Mahogany Park from Albertson's future store. It is already in progress and being built. So I do know this is a problem in other areas and the developer at that project is taking care of that before it becomes a crisis. So I would ask that maybe you have consideration for this fence. It seems like the fence isn't mentioned too clearly in any of his options. But we really need that fenced addressed to give us the privacy and seclusion that we need. I believe that is all thank you. Corrie: Anyone else from the public that would like to speak. Hearing none, Mr. Lee or Mr. Barnes any comments at this paint? Council, questions or comments of staff. Bentley: Mr. Mayor, 1 have a question for staff, I would like to ask Shari about her comments for buffering and paving issues. Stiles: Would you like me to address the buffering? Bentley: Please Stiles: Without any known uses it is hard to know how much buffering would be needed there, it is quite a change to go from a low density residential to a light industrial area. The buffering that has been proposed so far is landscaping in that 20 foot strip, I don't know anything about berming or anything of that nature. I would think in 20 feet they Meridian city council April 1 5, 1 997 Page 8 could have at least a 3 foot berm. The trees, there has been no designation of spacing of any trees or types of trees. The fence I think has been proposed as chain link that is what the developer has proposed. You need to remember that we don't have a development agreement on this yet. A lot of what your decision on this preliminary plat issue will determine a lot of the conditions in that development agreement. I am not going to be able to arbitrarily put conditions in a development agreement that aren't in the ordinance unless that is the decision of Council. If it is something, it may be something that the Council wants to extensively review that planting strip or any fencing. But what has been proposed right now is some landscaping in that 20 foot strip, some trees and a chain link fence. Rountree: I have a question for either Gary or John. speak a little more specifically about storm drainage, I know the plat indicates storm water storage in the front of the plat and the landscaped areas I assume the grassy swales whatever. Provide some specificity about the buffering, trees, tree types, tree heights, possibly spacing or not necessarily spacing. Placement and fencing. I have heard different things from different folks and I would just like to get it in the record, Lee: That landscape strip was discussed quite thoroughly in previous public hearings and I will rehash it again. The plan was to provide the 20 foot of landscaping in accordance with the city ordinance requirements and we did identify a scotch pine evergreen tree to be installed along that landscape strip. There was a plan developed and shown to the city and I think Shari has that in her office now on what we had proposed for landscaping of the buffer. I don't recall what the spacing was through there or the size of caliper but I think in your own ordinance you have a minimum of 3 inch caliper trees which we would have to adhere to and I think our CC&R's address that as well. The fencing, we proposed a chain link fence on the opposite side of the berm of the landscape strip. So that the full enjoyment of that buffer would be by the residences and not the business users, So in effect that land is given up for any use any intensive purposes by the developer to those people. The storm drain systems there are a number of ways that storm water can be handled in different situations. some of those yards that will be put in there depending on the use will be for different things. It will be storing of equipment, storing of supplies or merchandise, we don't know how much traffic will be there or how much we can expect to generate in grease and oils and one thing and another. The typical to date has been to collect that storm water in low spats through drainage grate for the sand and grease trap and then go into a subsurface drain field similar to a septic tank system and dispose it in the soil. It then percolates down through that soil and further treats itself before it enters a ground water situation. Other methods that have been widely accepted and used in Oregon and Idaho is starting to use it more and more is the use of bioswales and that is usually in shallow trenches if you will with grass to help treat ails and it is a very effective way to remove those oils and petroleum products. It also allows for (inaudible). I think it is going to be probably a combination of methods depending on the user. Those methods are reviewed by your public works department to be sure that they meet certain criteria and they will all have their awn set of circumstances that they will have to design too. It shows a scotch pine Meridian City Council April 15, 1997 Page 9 . on that landscape plan and again 3 inch would be the minimum caliper. I don't believe it shows the spacing (inaudible) 10 foot spacing and it is an alternating spacing. Again that was suggested by the landscaping architect that John uses on most of his projects for that type of species of tree. It will give us some room for growth and to make sure they will be a healthy tree. We talked about and proposed a low maintenance type of grass on the soil beneath the tree, something similar to a pasture grass that would be easy to mow and fairly, keep it fairly short, it will be sprinkled off the pressure irrigation system. Chid that cover all of your questions in there Mr. Rountree? Rountree: Yes, thank you. Corrie; Gary, do you know what your percentage of paving will be compared to gravel at this point? Lee: Well the building and the front parking lot will consume at least 50% to 60% of the lot. So, conceivably there would be storage areas in the rears of these lots and take the balance of the property. Again that will be an individual users preference. Some of those people won't want to have gravel because of the equipment they are using, forklifts as an example. (inaudible) Morrow. I have a follow question Mr. Lee, the issue then in terms of whether it is a gravel portion or the lot or not will be strictly up to the individual user under that scenario it is conceivable that all of the lots could have totally paved lots is that correct"? Lee; That is right. Morrow. The second issue is with respect to dust and gravel and lots, it does in the development agreement or CC&R's require a yearly application of dust control. Lee; That is correct there is a dust abatement program. Morrow. Thank you Rountree: I guess I will just point out on that issue for those that might be concerned about oil being used for dust abatement that is against State regulations. oil would not be a dust abatement technique unless it was in the form of asphalt. Lee: Right, there are plenty of other products on the market that can be used. Morrow. As a current example, the heavy industrial dealers on the south side of the freeway being Western Equipment and the others are currently using those programs on an annual basis and they are all gravel. CESCO will be using that also. The reason that they are gravel is because of tracked vehicles. Corrie: Any further questions? Meridian City Council April 15, 1997 Page 10 Tolsma: on the lighting, how is your exterior lighting going to be on your buildings. Will there be night lights or worker lights? Lee: I am sure there will be security lights of some sort on all of these structures front and rear just for that purpose. It won't be a light that you would see at an Albertson's parking lot because there won't be traffic there at night, it will just be a security light so it will be a low candle power situation. Tolsma: one of the comments brought us was they would like to have the lights less than 8 feet if there is an 8 foot high wall there, how high are your lights planning to be out there. Lee: Well again those are specific items on buildings during the plan review. If there was a number that should be used to limit glare as much as you can we would look at that it could be 8 feet or 10 feet. There could be special diffusers on those light fixtures so you don't get the light going onto the neighboring property. Tolsma: Either that or motion detector lights. Lee: Motion detector lights Gould work too. It is not like a situation where you have to light where you have to provide safety for customers like you would in a Fred Meyers or Albertsons parking lot. It is a different situation. Tolsma: So really then it is going to be diffused so it really doesn't affect the buildings that are going to abutted against it? Lee: Well some of there will be on the buildings, some may be on maybe some kind of low lying landscape type lights or maybe a small pole. I don't expect to see any large poles out there. Maybe in the front parking lot in case the employees want to work in the evenings for their security. I wouldn't expect to see it in a storage yard. Tolsma: What I was getting at, I didn't want it to affect the property owners that are abutted up against this light that is (Inaudible). That will be (inaudible) Corrie: Any other questions? At this time I will close the public hearing, Council what is your pleasure? Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Medimont Subdivision by Properties West subject to all staff and ACHD conditions, subject also to the successful completion of the CC&FA's and development agreement. And that the requirement for the conditional uses for the adjacent lots as spelled in the findings of fact and conclusions be written into the development agreement and the CC&FE'S. Meridian City Council April 15, 1997 Page 11 Tolsma: Mr. Morrow, I have a question, do you wish this preliminary plat to go forward before we review the development agreement? Morrow. Well the approval is subject to the development and what would happen is by virtue of this motion is that the staff and the developer would come to an agreement on their concept of the development agreement then we as a Council would approve that. So the purpose of the motion is to allow that work to begin now at the juncture of the preliminary plat so that the staff and developer can have their best shot at trying CC&R's and the development agreement. Then bring that before the Council with its approval or for its approval or suggestion without giving them that sense of direction at this juncture (inaudible). Tolsma: I would like to see the CC&R's and the development Agreement Corrie: Point of order first we need to have the motion and second then we can have discussion. So continue with your motion Mr. Morrow. Morrow: That was the end of the motion Rountree: Second Corrie: Motion is made and seconded that we approve the preliminary plat for Medimont Subdivision subject to the conditions as said in the motion as stated, now further discussion. Morrow. This issue is in my mind you bring both of those things together. We have another shot at the final plat, the approval of the final plat process. We also have to approve the development agreement and the CC&R's. So I want to see those things press forward and have the staff and the development team take their best shot at those CC&R's and development agreement (inaudible). The purpose of the motion is to get that process going so that we can get the documents before us either approve them or make suggestions in terms of what changes we might want to see and press on from there. If you will recall the proposed development agreement and the proposed CC&R's is a new concept for a subdivision development within our city. So, it appears to me that the best way to move the process forward was to get the preliminary plat going and to have those things come in conjunction with each other. The bottom line is that we stili have essentially three more shots at getting those things done as we want them done. Corrie: Did you get an answer? Bentley: Mr. Mayor, I would like to see these other documents come forth reflecting both the council's and the staff's input on these final decisions. Corrie: Any further discussion? Call for the vote, all those in favor? opposed? Meridian City Council April 15, 1997 Page 12 MOTION CARRIED: All Yea ITEM ##5: ORDINANCE #756 — ANNEXATION/ZONING TO T-E/B.W. INC.: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED As A PORTION OF THE E 1/2 SOUTH 1 NW 4 SW % OF SECTION 8 T.3N. R.1 E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. This is an ordinance on the B.W. Inc. Is there anyone from the audience that would like to have Ordinance #756 read in its entirety? Hearing none I will entertain a motion on Ordinance #756. Bentley: Mr. Mayor, I move we adapt Ordinance #755 with a suspension of rules. Tolsma: second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to approve Ordinance #756 with suspension of rules, roll call vote. ROLL CALL VOTE: Tolsma — Yea, Rountree — Yea, Bentley -- Yea, Morrow —Yea MOTION CARRIED: All Yea ITEM #6: TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO. 2: Corrie: Council, discussion, pleasure? Morrow. Refresh my memory, I am looking to see why we table that from before? Rountree: We needed the annexation. Morrow. And the annexation was just completed by what we adapted. Mr. Mayor, I would move that we approve the conditional use permit for the construction of Meridian Middle School Academy by Joint school District No. 2. Rountree: second Corrie: Discussion, Counselor, do we approve the findings of fact and conclusions of law, l don't think we did. Morrow: We did, if memory serves me we tabled this just for the technicality of the ordinance adoption. Meridian City Council April 15, 1997 Page 13 Corrie: Any further discussion? The motion has been made that we approve the conditional use permit for Meridian Middle School Academy by Joint School District No. 2, all those in favor'? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #757 REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): Corrie: AN ORDINANCE OF THE CIN OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CIN OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE E '/z SW '/4 OF SECTION 2, T.3N, R.1W. B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #757 (End of Tape) This is for the Prestige Care. Council? Rountree: Mr. Mayor, i move that we approve ordinance #757 with suspension of rules. Bentley: second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we approve Ordinance #757 with suspension of rules, any further discussion's Roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley —Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #758 —VACATION OF SEWER EASEMENT/BERTH NEELY (NAPA AUTO PARTS): Corrie: AN ORDINANCE VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 394683 IN A PORTION OF LOT 12, TAYLOR SUBDIVISION, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #758 read in its entirety. Seeing none I will entertain a motion for Ordinance #758. Tolsma: Mr. Mayor I would move we approve Ordinance #758 with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree to approve Ordinance #758 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley -Yea, Rountree -Yea, Tolsma — Yea Meridian City Council April 1 5, 1 997 Page 14 MOTION CARRIED: All Yea ITEM #9: ORDINANCE #759 — VACATION OF EASEMENT/PACIFIC LAND SURVEYORS: Corrie: AN ORDINANCE VACATING THE EXISTING 5 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE WESTERLY BOUNDARY OF LOT 36 BLOCK 1, HAVEN COVE SUBDIVISION N0. 5 SUBDIVISION. IT IS A SUBDIVISION OF MERIDIAN, IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #759 read in its entirety? Hearing none I will entertain a motion on the ordinance. Rountree: Mr. Mayor, I move that we approve ordinance #759 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley to approve ordinance #759 with suspension of rules, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley — Yea, Rountree — Yea, Tolsma -- Yea MOTION CARRIED: All Yea ITEM #10: SITE PLAN REVIEW: FAMILY PHYSICIANS OF MERIDIAN LOCATED AT TEN MILE ROAD AND CHERRY LANE: Corrie: Is there a representative from the site plan here? Yaka: My name is Clinton Yaka, office address 1087 W. River street in Boise, representing Family Physicians of Meridian. I can point out at this time that Dr. Jeff Swanson is in the audience if there are any questions for him. We are requested by Ms. Stiles to be here to answer any questions on our site plan for the physicians office on Cherry Lane and Ten Mile. Rountree: Do you have an elevation of the building? l have one more question, what is the approximate square footages and how many offices? Yaka: It is approximately 5500 square feet, there are tentatively 3 doctors with the potential of four. Rountree: That is all I have. Meridian City Council April 1 5, 1 997 Page '15 Corrie: Anybody else? Anybody else, Shari or staff? This is just a request just a review at this point. Morrow. The issue is from my perspective I don't have any problem with either the elevation, the design or the site plan. I guess the question is Shari what specifically do you want from us in terms of this proposed project? Stiles: Councilman Morrow, Mayor and Council, the decision by the Council when this came through for the rezone when they proposed a conditional use permit was that it would receive site plan review with input from the neighbors. As I really didn't have another forum to do that I thought it would be best if it was in the public forum and have anybody in the neighborhood that wished to make comment on it to be able to do that. Bentley: Mr. Mayor, have the neighbors been notified on this? Stiles: Yes Corrie: l guess my next question is are there any neighbors out here that want to say anything? Matthews: My name is Linda Matthews, the question I have is with the fencing, my east end of my backyard is up against their west property end property. I am going to have to move my fence, my fence is over the line mainly because the trees are right on the line. Idly question is when and what kind of fencing is going to go up? Yaka: It will be a six foot high cedar fence to manage the existing fence that is there now. Matthews: When would that go up because I need to take mine down and my question is I really don't want to take mine down until that one goes up. Yaka: We will take it down for you and put it up. Matthews: At the same time, as soon as you take mine down you will put that one up? Then also I had a question with the lighting. I don't know the hours of operation for this, is this just like 8 to 5. Rountree: Doctors hours. Swanson: Most of the time the hours would be 8 to 5, there is probably the potential with the way that society is became double income we might run hours to 7:00 but that would probably (inaudible) unless there is an emergency or somebody needs to be seen late in the evening. t Meridian City Council April 15, 1 997 Page 16 Matthews: But your intent is not to be like these emergency clinics that are open (inaudible) Swanson: Not at least in the foreseeable future. Matthews: As far as lighting then it would be just like a security type of lighting? Swanson: Yes, just enough for security around the building, it is not going to be another Albertson's. Matthews: (Inaudible) (Discussion Inaudible) Matthews: What is going to happen to those trees that are on the site? Swanson: I am going to try and leave those there and we will make a decision on which side of the trees to put the fence. Corrie: Is there somebody else from the audience that would like to come up? Rowhand: My name is Jerry Rowhand I live at 3255 W. Woodmont. I would just like to thank Dr. Swanson for being as candid and open with the neighbors and working with the neighbors on this project. We are all for it. I wish that we could have better neighbors in the City actually like Dr. Swanson coming and wanting to get involved with the neighbors, make sure that everybody is happy and to try and convenience everybody and make this a goad project and make it work. I think we can live with the dust in the construction and all of that for the sake of being a good neighbor. Thank you. Corrie: Anyone else have anything they would like add? Shelton: My name is Ken Shelton, I live at 3225 W. Woodmont Drive in Meridian. Mr. Mayor and Councilmen, Mr. Crookston, Mr. Berg and ladies and gentlemen I would like to express my appreciation to Dr. Swanson for having met with the Cherry Lane Village Homeowners Association and those residents in Cherry Lane Village. He has been very candid, during the initial design phase of his project several concerns which we expressed to him have been satisfied I believe to the majority of our residents. Lighting the general design of the structure and its aesthetics were discussed and they offered to build us a new fence between the residents and the building property. The aesthetic design of the building will fit in quite well with our Cherry Lane Village residential project. The lighting scheme, as early or as late as this afternoon I have spoken with Mr. Leslie Stith of Engineering Consultants and he has assured me that it will not be offensive, that it will be security oriented and reflect in no way to intrude on the neighbors. Again I would like to thank Dr. Swanson for his concern and I believe he will be a welcome Meridian City Council April 15, 1997 Page 17 neighbor in our neighborhood. So therefore I would like to give my full support to this project. Thank you. Corrie: Thank you Mr. Shelton, anyone else? Croft: Vernon Croft, I live at 3410 Woodmont Drive, on four separate occasions Dr. Swanson has met either with the homeowners association general membership meeting or the Board of Directors. We are 100% behind this particular project because it fills the bill for the corner lot at Ten Mile and Cherry Lane. Again my appreciation to Dr. Swanson for all of his support. Corrie: Anyone else from the public? I would like to thank the public for forgiving me for not bringing this up earlier. Council, Mr. Bentley? Bentley: I have one question for the developer. On the signage, I notice on the map you are going to have a sign by the street, what are we looking at? Swanson: Probably we are going to look at a 4 or 5 foot monument sign out front. I haven't decided yet whether we do something that is backlit or have a light shining on the sign. Something small, a monument sign. Morrow: Follow up question Mr. Mayor, are you describing a sign that I am very familiar with on Ustick just east of Milwaukee there is a couple of three or four dental offices that have monument signs that are low profile. Are you familiar with those signs. Swanson: Ustick east of Milwaukee, I am not sure I am familiar with those. But they are a standard professional office sign, about as high as the podium is. Morrow: I believe that is what you are describing because each of those offices, Clint are you familiar with those, did you guys draw those and that is what he is referring to. Thank you. Mr. Mayor, I would move to approve the site plan for Family Physicians of Meridian located at Ten Mile Road at Cherry Lane. Rountree: Second and with that second I would like to extend a thank you to the good doctor for the efforts that he has made. we appreciate that here as well. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? Bentley: 1 too would like to, echo those sentiments, it is kind of nice to sit here and have a group that agrees with what is going on so we don't have to sit here half the nigh. So thank you. Corrie: Any further discussion? Hearing none, all those in favor? opposed? MOTION CARRIED: All Yea Meridian City Council April 15, 1997 Page 18 Morrow. To be the third councilman, I do think it is a class act, it is a tribute not only to the good doctor and his team but to the Billy Ray Strite folks and the architect. And it is a tribute to the neighborhood and the neighborhood association to come to a meeting and present something positive. Very rarely in government do you see a neighborhood association do anything but complain about lots of stuff. So it is a tribute to you Vern and Jerry and Linda you had some specific questions but were supportive. So I would like to thank you and the associations that you represent and welcome you to come more. ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Corrie: counselor, if you would like to speak please. Foley: Thank you I represent Hunter Investments, we have had an opportunity to review the comments from Planning and Zoning. We really don't have any concerns with therm we are willing to abide by them. Unlike the last time I was here representing a homeowners group this one seems easier to me. I am willing to stand for questions. Corrie: Thank you Howard. council, this is not a hearing. Morrow: I think the appropriate measure is that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law by the Planning and Zoning, any further discussion? Roil call vote. ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree — Yea, Tolsma —Yea MOTION CARRIED: All Yea Corrie: Decision? Rountree: Mr. Mayor I move that the city council approve the conditional use permit request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Morrow. second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to approve the decision, all those in favor? Opposed? t Meridian City Council April 15, 1997 Page 19 MOTION CARRIED: All Yea ITEM #12: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: Corrie: Is ills. Williamson here this evening? Williamson: Well I plan on expanding my childcare that I have existing in my home and expanding it from a 5+ facility to 13+. 1 am going into a partnership with my husband and we purchased the home located at 208 E. 3 and that is why I have asked for the conditional use permit for. I am available for any questions that you might have. Bentley: Mr. Mayor, have you reviewed all of the findings of fact? Williamson: Yes I have Bentley: And you agree with them? Williamson: Yes I do. Bentley: That is all I had. Corrie: Thank you, questions for staff? Morrow: Do we have any comments from Shari? Corrie: Hearing none, Council, entertain a motion on the findings of fact and conclusions of law. Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as given to 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 as presented and adopted by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree —Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: Motion on the decision? Meridian City Council April 15, 1397 Page 20 Morrow: Mr. Mayor, I would move that the city Council of the City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to annual review or more often if conditions warrant upon notice to the applicant by the City. Rountree: second Corrie: Motion by Mr. Morrow, second by Mr. Rountree to approve the decision, any further discussion? Hearing none, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): Corrie: Is Mr. Hanson or a representative here tonight? Morrow: Mr. Mayor, he was notified of this hearing tonight? Corrie: I can't positively say that but this isn't a hearing. I can't tell you that he was notified personally. 1 presume so. Stiles: Mr. Mayor and Council I didn't notify him after the meeting but he did have a schedule of when the hearings would be held and each meeting he needed to be at, Corrie: And this was one of them. Morrow: Mr. Mayor, my preference is to have Mr. Hanson at least make a brief presentation before us as to what his project is and what he is going to do. So I would move that we table it to our Meeting of May B and instruct the staff to notify Mr. Hanson of that table and also when he is expected to be here for this item to be on the agenda. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to table this request for CUP for an automobile emission testing facility until May 6th, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council April 15, 1997 Page 21 ITEM #14: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: Corrie: Is there a representative from Albertsons here tonight that would like to give testimony first? Anderson: My name is Gordon Anderson, I live at 3978 W. Aspen Creek Court, Meridian. I represent Albertson's Mr. Mayor and Councilmen and Staff. This is a subdivision plat that we had approved at one time and got a one year extension and then also let that one year extension expire so we want to continue with the project and go through the final stages. So we are here to submit it as a preliminary/final application. Since we first started the project there has been some easements that have been developed and they are in the process of being signed and recorded. They have been drafted up. Albertson's intends to comply with all City ordinances, I know that one of the ordinances that is being dealt with right now is the lighting. The lighting fixtures have been ordered and they are supposed to be in delivery this week and then installed next week is what i understand. I can't promise that, I know they are on their way. When I look at the general comments and the site specific comments that Bruce Freckleton put together we found out through the development of the store that some of the easements weren't really needed and we knew that early on when we . were going into the platting process back in 1995. To demonstrate that some of the utilities weren't really concerned with the easement they drafted some letters and sent them to myself and Albertson's stating they didn't have a need. We wanted to see if we could have that site specific comment number 1, item B removed from the site specific comments. Other than that we are going to revise the mylars for the final plat to the city's comments. Also comply with the other city ordinances. Goes anybody have any questions that I can answer? Corrie: Any questions? Thank you Marrow: Mr. Mayor, I have a question for Gary smith, first off your comment about item B that Mr. Anderson wishes to have stricken from the plat, the public right of way the 10 foot wide easement. Smith: Councilman Morrow, Mayor and Council, I think if we have a comment from the utilities that they don't need that easement that certainly can be removed. Morrow: What format would that come in, would we solicit that or is that up to the applicant to (inaudible). Smith: I think the developer's engineer or surveyor could solicit that information for the utilities. Rountree: I guess I have a question along those lines Gary, is that easement there now or is requested to be. Meridian City Council April 15, 1997 Page 22 Smith: It is requested to be so it is part of the plat. Rountree: It hasn't already been established? Smith: No Rountree: okay, so there wouldn't have to be a vacation. Morrow. The second issue that I wish to address is that there were major discussions at the time this was originally going through with respect to sewer. one time we were led to believe that this was going to be a one lot development and no further development was going to occur on that site. Is that, the private sewer Eine was going to be okay given that issue. Can you bring us up to speed with where we are at with all of that and those original findings? Smith: It taxes my memory a little bit on the development of that parcel of ground but I believe that the plat was discussed prior to the development plans for Albertson's being submitted to us. So the plat is, the two lot plat has been discussed for several years I guess you could say. At this point Albertson's has granted an easement for extension of sewer to the Lovan property and they have granted an easement for extension of water service to Lovan's property. They have installed those service lines and they have as understand it they have entered into an agreement with Lovan to reimburse for him to reimburse Albertson's a percentage of the cost for the installation of the sewer and the water services. Morrow: My question is also, I understand the Lovan issue. My question now is with lot 2 or what could be lot 2. The sewer service to lot 2 then would also be a private sewer service is that correct? Smith: Yes Morrow. So my point is that the City of Meridian has no liability for any of those services pas the property line is that correct? Smith: We have no liability for the sewer service from the manhole and Ten Mile Road. We have liability for the water service up through the water meter on, well I think the water meter for Lovan's property is just off of Cherry Lane Road and I don't know where the water meter is for Albertson's. I think it comes off of Ten Mile Road. But we have no liability for any of the services on the property on Albertson's property that are not in an easement. Let me back up, the liability for the water services are through the meter and that is typical for any of our water services. We have no responsibility for the sewer service from the public main line. That is in accordance with what our ordinance says. r Meridian City Council April 15, 1997 Page 23 Morrow: My neat question in terms of the water system is that for lot 2, the location of the meter is that location and access to that meter protected by some sort of easement to the City or is that a requirement of the plat. How do you handle that service? Smith: The meter for lot 2 will need to be located if it isn't already located off of Ten Mile Road probably adjacent to the meter that exists for Albertson's food store. I am not sure how the water comes into lot 2. Morrow. So that is within our public right of way then it is not for public easement, from the meter on then we don't need to be concerned about easements to lot 2 for that service. That is an issue within the plat that the owners have to take care of? Smith: Right Morrow. Thank you, I have no further questions. Corrie: Any further questions of the Council? I will entertain a motion for the request. Rountree: Mr. Mayor, I would move that we approve the preliminary plat for the Albertson's Inc. subdivision subject to all conditions of staff, AC H D. Morrow. Second Corrie: Motion is made by Mr. Rountree, second by Mr. Morrow to approve the preliminary plat for Ten Mile Square as stated, any further discussion? Crookston: I think the application is to have the preliminary and final plat approved. Rountree: I understand that Wayne and I guess for discussion purposes there are some outstanding questions about how some of this stuff is going to be done. I think that staff ought to have an opportunity to review the preliminary unless they are comfortable with the preliminary as submitted two years ago. Morrow. And I understood that in terms of the second. Smith: Mr. Mayor and Council members the preliminary was resubmitted to us with the final, it was a combined submittal. We have made comments Rountree: So your comments are for the final as well? Smith: Yes Morrow: Question in terms of your amending the motion and we had item 6 that needed to be verified by the power company. So do you wish to restructure the motion or do you Meridian City Council April 1 5, 1 997 Page 24 wish to restructure the motion or do you wish to leave it as a preliminary and then have the staff research that and then deal with the final at the next meeting? Smith: Mr. Mayor and Council, we can handle the final plat if you want to condition your approval upon our receipt of fetters from the utility companies stating that they do not require that 10 foot easement. Morrow: My question to Mr. Rountree would be do you wish to amend that comment or do you want to start aver? Rountree: I think I will start over. Morrow: 1 withdraw the second_ Corrie: Do you want to retract your previous motion? Rountree: Mr. Mayor, I want to rescind my previous motion. Corrie: Is the second rescinded? Okay Rountree: Mr. Mayor, I move we approve the preliminary and final plat for this application subject to all staff conditions and receipt of relinquishment of the need for public utility easement adjacent to Cherry Lane I believe and Ten Mile. Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow on the motion that was presented, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Before we get into Department Reports gentlemen my City Clerk tells me we do need to go back and approve the findings of fact and conclusions of law of item #6 on the conditional use permit for the construction of the Middle school academy. Morrow: We didn't do that at our last meeting? Mr. Mayor I would move that we approve the findings of fact and conclusions of law as given to us by P & Z for the conditional use permit for Meridian school academy by the Joint School District No. 2. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as presented to us by the Planning and Zoning, any further discussion? Roll call vote Meridian City Council April 15, 1997 Page 25 ROLL CALL VOTE: Morrow — Yea, Bentley Yea, Rountree —Yea, Tolsma — Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor I would move that the City of Meridian City Council approve the conditions for the Meridian Middle school Academy subject to meeting all of the staff conditions, all the uniform building, fire code, ACHD and other requirements. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the decision on the conditional use permit, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: DEPARTMENT REPORTS: Corrie: Gary Smith? Smith: Thank you Mr. Mayor and Council, first item I have is an approval for a temporary power easement for Idaho Power to provide electrical service for our primary clarifier project. Which as you know is on a bit of a hold I guess. They need an easement to run temporary over to that site and they need approval from City Council to sign off on that easement. Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the Clerk to attest to the temporary power line easement for the primary clarifier project at the Meridian sewer plant. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the request, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council members, the second item I have is an addendum to a license agreement issued by Nampa Meridian Irrigation District for Crossing of Eight Mile Lateral by some pipe sleeves for development of the golf course. My assistant Brad Watson issued an inter -office memo to Wayne, I think you have copies of that. Morrow: Mr. Mayor, I would move that we authorize the Mayor to sign and the Clerk to attest the Nampa Meridian Irrigation District license agreement addendum at the Meridian city Council April 1 5, 1 997 Page 20 crossing of Eight Mile Lateral for utilities to the future club house for the Meridian golf course. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve of the easement, all those in favor? opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the third item I have is an engineering agreement for design and plan preparation for a 2 million gallon water tank. Do you have copies of that the cover letter to that? Tentatively this ground level most probably reinforced concrete 2 million gallon water storage tank will be located in our regional park designated area at the northwest corner of Meridian Road and Ustick Road. This facility will include a pumping station since it is a ground level storage. It will also include a supply well. That well design is not part of this agreement but those three things will be at that site. There is a preliminary anyway this portion of this tank could be buried so that it would not extend too high above the existing ground surface a that site. This is the first major design project that we have had CH2M or wanted to get CH2M involved in. They have been doing our water study for us, our domestic water systems studies. Helped us develop the computer model for our system and developed a facility plan for our water system several years ago. They have continued to be involved in our water system and analysis of our system, siting of wells and updating of our distribution system computer model. It is estimated that the cost for this reservoir and pump station is in the $850,000 to $900,000 range. Morrow: Mr. Berg had a question:. Berg: I was just going to ask you how many acres is this project going to take up of that area or has that been determined yet? Smith: I don't think it has been determined yet how much area we are looking at. It is probably a 200 foot diameter in that range. Morrow. If there are no more questions Mr. Mayor I am prepared to Corrie: Any further questions? Rountree: 1 just wanted to clarify what Gary said. Approximately $90,000 for the design of the structure not the structure. Smith: Yes Meridian city Council April 15, 1 997 Page 27 Morrow. Mr. Mayor, I would move that we authorize the Mayor to sign and the Clerk to attest a contract with CHM Hill for the design of the Ustick reservoir and pump station not to exceed $89,600 as outlined in the proposed contract. Rountree: Second Carrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the agreement for the 2 million gallon water tank not to exceed $89,600, all those in favor? opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council, the last item I have on the agenda is the architectural agreement for the programming and space planning study. At the last meeting your authorized the Mayor and city clerk to enter into the agreement with ZGA Architects and Planners to conduct the study. 1 included a little information for you this evening, Mr. Tom zabala came out and talked to me and subsequently presented some copies of the agreement for signature by the Mayor and City Clerk. I could relate to you that it is as Mr. zabala and his groups presentation to us indicated they are a very professional group and I enjoyed very much talking with Tom concerning this project. He is very excited about it and I look for some great results from him and his associates. (End of Tape) we have authorized, already authorized the Mayor to sign and the clerk to attest. So there is no further action that is needed on this proposal. Smith: That is correct. one other comment that I didn't have on the agenda but I think you have copies of it. It concerns our or my involvement with Ada county for building permit for the primary clarifier. I have the application I am filling it out. I have written a detailed letter explaining to them what we are doing as requested. I will have a check cut for $450.00 to accompany the application. We are scheduled to be heard by Ada County Planning and zoning May 8#h. Corrie: Just for Council's knowledge I did talk to Roger Simmons again today. He wants me to call him again next Tuesday and he wants to discuss this a little further as well. He was on his car phone and it sounded like he was in a tunnel. I will talk to him again. Smith: Thank you that is all I have. Corrie: Shari, do you have anything? Stiles: Mr. Mayor and council I have two items, one I am waiting for either David Turnbull or Mike Tanner to get here. They thought they would be here at about 9:00. The other item is for Doug and Lonnie Hill, they are proposing to operate their farmers market again this year. They are interested in the Sunshine Building, Sunshine heating and plumbing, the one that has the Little Chipmunk in it. Last year we did approve an itinerant Merchants license on an emergency basis because of their situation. I wanted Meridian City Council April 15, 1997 Page 28 to bring this up with the Council because they want to operate out of that building. I don't know if they have made an offer on the building. (Inaudible) Stiles: The itinerant merchant license is not particular intended for this use, I know that Will has discussed this with the city Attorney today. We don't have an application for the itinerant merchant license right now but maybe you would like to talk to Doug and Lonnie and ask them some questions and determine whether they would be able to operate or they would be required to complete the conditional use permit process before they are in that building. Corrie: Counselor, can you kind of help us here a bit (inaudible). Crookston: For any use to be maintained in any building in old town it requires a conditional use permit to be issued. The itinerant merchant, if the City decided to grant that has no impact on the use of the structure. So there would have to be a conditional use permit for the use of the building. Because it is in old Town and our ordinances require that a conditional use permit be issued, obtained and issued for any use in the old town. The itinerant merchant, has no impact on the use of the structure at all. Corrie: Did I see some questions back here. Does that tell you then that they have to have a conditional use permit, correct. Crookston: That is correct Corrie: So they would have to go through the conditional use permit procedure and that is, I don't know what your timing schedule is going to be but. Stiles: If they submit an application at our, by our next cut off it would be the third week of July before it could be approved. Corrie: Would you kind of like to give us some help on your end of it, and we need it on tape, if that is too late. Hill: We should be open already, so probably looking that far down the road that is bind of what we wanted to know before we made an offer on this building because our season is gone by them. That is what we needed to know. Morrow. A follow up question, if you were to use this building how did you anticipate the parking issue? Hill: what we wanted to do, how we kind of envisioned this building is what we would like to do is we understand there is a piece of property between where the City is going to put their city park and this building. what we wanted to do was go in and put like a Meridian City Council April 15, 1997 Page 29 cobblestone or brick walk way between the building and this park and open that building up on the side so it would make like an open air farmers market. That building, the store front of that building would then be on the park side. But it would be, it would make use of that lot that is in between which we understand right now they rent for parking. We would take the parking away, we would keep the cars from driving in between and around that park. what parking we wanted to be able to then use was the parking lot just to the north that right now is just dirt and that on the city lot that they have their. What we wanted to do is try to give it more of the feeling that we feel downtown Meridian is doing with the sidewalk shops. l just came back from Seattle and 1 have been several of the open air markets. That is kind of the atmosphere that we wanted to be able to bring to downtown. We realize that the side of that building isn't really attractive so we wanted to try and improve it with a neat looking awning and some balconies on the upstairs. We had talked about the idea about having a mural or something painted on the outside of it to really make it look. We went to New Orleans in November and that is kind of the look, we like that French with the iron work and stuff. That is kind of how we envision it coming together. We had a couple different investors that were looking at this project with us. But it is just such a time crunch for us because our season, when we really can make our money we really need to be going before the middle of July or else we lose too much. It is kind of a crunch time, we were just hoping maybe there was someway that we could get in either off the itinerant merchants permit that we had already been working under. Maybe what we could do while we remodel that building if we can either lease this land from the lady that owns the land between the park or in that building maybe we could, we have the tent that we operated in off of Fairview, if we could operate out that itinerant merchant permit out of our tent while we remodel that building this summer that might work for you too. Because then we wouldn't be using the building to operate out of, we could operate out of our itinerant merchant permit which would be the tent. The last project, if you remember we were going to go into that lot across from the food town. We were going to be leasing that it was going to cost us thousands of dollars to get that building moved. Actually it is turning into a monster with everything that needed to be done with the curb and gutter and with the highway district wanted with that. Then we would stili be leasing it. So we decided we had better back up and look at something to buy so that once we put the money into it they couldn't tell us to move on which is what has happened to us before. So that is where we are coming from we would like to do it, we would like to get open. We have had a lot of people in Meridian express interest and when are we going to get open. We are just scrambling to try and find the best spot. We are here to see if there is any way to work around that while we put this together for this building and we don't know if there is or not. Morrow. 1 have a follow up question, does the same person own the building as owns the lot that you are describing? Hill: No, there are two different people. Meridian city Council April 15, 1997 Page 30 Morrow: So in order to make this work you have to buy the building and arrange for some sort of lease on the lot. Hill: Right and the realtor has actually been the go between but he has expressed that she is willing to lease it to us for a really reasonable amount of money so that we can work with that. So we don't think she will be a problem. Corrie: Did they say how long a lease you would have? Hill: We haven't got into specifics because we thought well before we joump into this or put any money down on this we need (inaudible). Corrie: She would give you a five year lease (inaudible) I like the concept, I think it Is fantastic Idea that you are thinking about. Your only unknown here is the piece of land that you have to lease. You say you have a five year, what happens after five years is you don't know. Hill: (Inaudible) for the next five years it would be a lot cheaper to lease that than what they want for it. It seems to rine they wanted a little more than what it was worth right now. You might be able to (inaudible) probably about $30,000 or more. Anyway we were thinking in the next five years that we could save and try to buy that. one think we do want to, we thought where that park was that close to that it wouldn't be a good idea to have people parking through there. We thought it would be bad for us and you guys too. We are afraid of the liability of it to be honest. I think it would be a nightmare to have parking in there. one question I did have for you guys if you would please. That is an L-shaped piece of property around that park there. Would there be any problem for like 3 or four cars parking in there or do you think, on the alley side. Corrie: Not nem to that building but (inaudible) Hill: I haven't seen exactly what that parks look like (inaudible) that is the thing I have to worry about is people backing into that fence. To a point I think we would be liable to that wouldn't we since they were our customers. So that is a concern. Anyway, most of the time usually in the summer about 8 or 9 cars are the most that we have coming in at one given time. Then in the winter time it is going to be a lot less because I will tell fruit stands really bog down in the winter because people don't think about [inaudible]. So that is the main thing. If we could get [inaudible] that would work. If we had, we couldn't go ahead on the remodeling part probably until July 17 th or whatever you said it was for the conditional use permit. Do you have to have that before you can start remodeling can't you, don't you? That is what I thought. Corrie: Before you make any occupancy over there. Hill: If you own it you don't have to wait for the conditional use permit. Meridian City Council April 1 5, 1 997 Page 31 Crookston you would still have to have the conditional use permit for the use but to do the restructuring the owner can do that. If you buy it (inaudible) Hill: That makes a whole different story. Corrie: But (inaudible) tent area with the itinerant merchant license. Hill: I will have to get Brent Barrus to came in with this, they can level that off goad and probably put some gravel and stuff down so that it would be safe to work on. It is pretty bumpy over there. Rountree: Well that piece adjacent to that building is surfaced. Hill: (Inaudible) part of it has and part of it hasn't, we have to make (inaudible). Corrie: I guess counselor, they could have an itinerant merchant license on the outside of that building. Crookston: They would still would have to have the conditional use permit for any use in 0Id town. Hill: (Inaudible) Corrie: So it sounds that you are going to have to find someplace outside of old town for the itinerant merchant (inaudible). Crookston: The only possibility at all is to request a variance which takes an application and a hearing only by the City Council. Hill: (Inaudible) The last time we went into this we had absolutely no knowledge about any of this. We were pretty (inaudible) that is why we are trying to be a little more cautious this time. I never had, I never knew Ada County Highway District (inaudible) really caught me off guard. Crookston: They were these comments for any type of use whether you are Magnum's old building or whether or not you are doing something on the, I can't remember the lady but the lady that owns that lot, you are going to get some kind of comment from Ada County Highway district. Hill: We figured that now but before we (inaudible). L. Hill: Well the difference now is that we would be (inaudible) if we are going to make improvements. I don't know, we just didn't want to jump into making an offer on this building if there wasn't going to be a way to operate this season. That is what we have to try and figure out. Meridian city Council April 15, '1997 Page 32 Corrie: You certainly probably wouldn't be able to use the building until after probably in July, at the earliest. A variance, if we could get it in the paper it would be May 5th if we can't it would be May loth. You would have to have the completed application tomorrow before noon tomorrow to get it on the a of May. L. Hill: What is involved in the application for the variance? Corrie: It is not that long for a variance (inaudible) If you get that one back in by noon tomorrow than you can be on the 6th of May agenda. Hill: That is not that far off actually the first year we ever operated in Meridian we got open May 10 and we were able to make it through all right. Corrie: (Inaudible) because you have your findings of fact and conclusions of law. (Inaudible) Crookston: I don't think so Will, I believe it is an application for a variance from any ordinance. I have not looked at that question either. Hill: Basically what a variance is to help you through until you do what you need to do. Is that correct? Crookston: It is a request to have the ordinance not enforced. Corrie: Then you want to go back and get your conditional use permit. Hill: I see Stiles: I just want to make sure that the Hill's know that you are not saying that they can get a variance, the only thing they can do is apply for a variance and they will have to meet the conditions of that variance those variance requirements for any granting of that. Crookston: Will raised a good question that you may have some knowledge on Shari as to whether or not a variance is to the use of the land or whether or not a variance applies to the enforcement of any ordinance. Do you know anything about that? Stiles: Variance should apply to the physical characteristics of the property that make it impossible to deal with the ordinance. It is usually not granted based on times or something like that. It is not based on something that was in control of the applicant. Corrie: Financial hardship being one of them is based upon that. Meridian City Council April 15, 1997 Page 33 Hill: (Inaudible) Corrie: So you can make your application if you would like, again we are not saying yea or nea at this point until we get, but it would be May 20th. Hill: (Inaudible) Corrie: Anything else Shari? Stiles: Mr. Tanner made it into the building so we can go on with this. This is on Bedford Place Subdivision No. 3. one of the conditions of the application was that they work out the pedestrian, one of the conditions of the final plat was that they work out the pedestrian walkway that is already in existence in the Finch Creek Subdivision. They made this proposal at that time. Nampa Meridian Irrigation District threw John Anderson nodding his head in the audience that he thought that this would work. when Mike Tanner of Brighton Corporation went before the board of Nampa Meridian Irrigation District Mr. Anderson had changed his mind and they denied this concept. I guess the only choices we really have are that I am aware of. They could go in and try to do it without Nampa Meridian's blessing and see how long it lasted. But in order to do that they would have to extend this piping and move the head wall structure because currently it would be where this pathway is that is where the existing head wall structure is. Of course they would have to get Nampa Meridian's permission to do that. Another option would be that they continue the walkway through was they had proposed as a buildable lot, lot ##28 and stay off of this non-encroachable easement. It seems the problem the irrigation district has is they do not want their trucks and pedestrians sharing the same area. The other option that 1 don't think is appropriate is to eliminate the walkway altogether. There does need to be this connection through. I guess I would like Mr. Tanner to come up now and see if he has got any other ideas. They are waiting to have their final plat signed and we can't sign it until we have this issue taken care of. Tanner: Thank you Mayor Corrie and members of the Council, Mr. Crookston, Mr. Berg, I appreciate the opportunity to talk for a minute. We are kind of in a catch 22, and I would like to just give, I only have two copies here but maybe if two groups of you could look at what I have highlighted here. You may have something similar to this on a report from Shari already. Shari just simply shows that jog in our tie with Finch Creek. As you look at this you can see our Bedford Place subdivision and we have a 25 foot non- encroachable and to Nampa Meridian non-encroachable means that you can't encroach with structures or large trees or something that would impede their ability to operate and maintain a canal. Right now we have piped that canal that irrigation ditch in 35 inch concrete pipe up to the border of our property and right at the boundary of our property as we border Finch Creek subdivision we have got a head wall structure. You can see even over in Finch Creek subdivision and I also brought a copy of the recorded plat and I will (inaudible) Maybe pass that around, you can see on the copy that I left you and on the recorded plat what I left is simply a copy of the recorded plat. But the Nampa Meridian Irrigation District easement curves upward and actually encloses the half of the Meridian City Council April 15, 1997 Page 04 walkway designated by Finch Creek. We were going to try, we have tried to tie these two walkways together, the Borups and ourselves. We have agreed we can do that physically between the two of us. The thing that stands in the way is Nampa Meridian Irrigation district. They have an easement there to operate and maintain an irrigation ditch right now that is tiled. What we propose to do is to extend the tiling another 04 feet upstream back to the east on that ditch. Put in a new head wall structure and then in yellow as you can see highlighted in yellow to make a walkway there to tie those two subdivisions together. John Anderson as Shari said sat right in this meeting and said that sounds good to us. We met with their attorneys Ringert Clark and met with John and John again, he was concerned at that meeting, didn't think we could do it. He was concerned about liability for a walk way. They consider and if, I think this Council is probably familiar with their issues. But they feel like that it is an attractive nuisance. If you put a pathway you have got an attractive nuisance. There is a liability you are attracting people into the area and they are going to be liable and they want somebody to accept that liability. Well they don't own this ground we own it. It is an easement, they don't have any exclusive easement they simply have an easement to offer operate and maintain. We can do what we need to do with that ground as long as we don't interfere with what they do. We do however have to extend that pipe line in their ditch, we have to place a head wall structure. We are willing to do that, we expressed in the meeting with their attorneys they said, John said okay what about the liability, we said listen every owners association that we organize we take out a million dollar liability. He wasn't real thrilled because he wanted an organization like a City or an agency that is stronger and going to be here forever. But finally consented and agreed okay you take out a million dollar policy and with your owners association to maintain that common area and that walkway and we will do it. Just the day before the meeting with the board John called me up on the phone, he says nothing personal but I have to oppose you on this thing. I don't know how we can do this, we are opening Pandora's box, gosh if you do it then everybody can do it. We just don't like these pathways. our trucks have got to go down these things and here you have got walkers and bikers on it. Well my own opinion is 25 feet is plenty wide to put it, we can put a B foot walkway on that thing and shoot they can ride their trucks on one side and we can walk on the other. But that isn't the issue and I think this Council knows. So we are caught, 1 need some help from this Council. I have a plat that is ready to be signed and we have done the work and done everything that we know how to do. Borup's are in concurrence with Finch Creek they are willing to do it. But we have both got an easement here that really covers both of the walk ways and it wouldn't matter whether we put it in this location or whether we moved it north 50, 60, 70 feet, it is still covered by their easement. So I really need some direction and help here. Shari, I think somebody whether you or the highway district up north in the next phase, phase 4, we have got to tie a stub road that stubs to that property back to the east. Of course we can tie the subdivisions there with sidewalks and stub roads. But, this is a bad spot, I don't know. Rountree: What have you found with your conferencing with those folks? Meridian City Council April 15, 1997 Wage 35 Morrow: Well this is, as we will find out in our Tuesday night meeting when we have discussion concerning the irrigation issue. This is a prime example of we had initially started from the standpoint that maybe it was a great idea to deed these lots to Nampa Meridian. We have come now full circle in using this as an example. Shari and I went to the job site, reviewed it from all standpoints. This is a (inaudible). I think the bottom line from our committee's stand point if this would have been deeded to Nampa Meridian and we as a City would have been shut out of usage on this we wouldn't be having this presentation at all. I think we need to as a Mayor and Council Tuesday next after the presentation where we have prepared for you have a discussion about what it is we want to do. We had been led to believe that Nampa Meridian would be amenable to bike paths, walking paths on top of these lots that we have (inaudible) to them. The (inaudible) would be performed by Nampa Meridian. I guess where I am at today personally is that this demonstrates to me that probably doesn't work that way. I think that if we follow a procedure like that we end up being held hostage as a City and that the reality is that we probably end up with no bike paths or walking paths of any kind. If we opt to go that way. In this particular area there is a half of an S curve that ditch follows that would be straightened out by this additional (inaudible). So no matter how you look at it (inaudible) the bottom line is as a Mayor and Council is to determine if we wish to go ahead, recognizing this is going to be (inaudible) to our staff, to Mr. Tanner, Mr. Turnbull of what it is they want done. I think that the points Mr. Tanner has raised about easements and the exclusive use and so on and so forth are valid and (inaudible) in this case I believe it is the homeowners association that would own this (inaudible). So I think what it boils down to is that we now need to make a decision as to what direction we want to go in as a City. This is a (inaudible) was it not also, was it not a request by Nampa Meridian that the City do the license agreement with them and we take the liability or potential liability for that. I guess my question to that Counselor is how can we subcontract the liability if we don't anything there? Crookston: The bigger question is can you get insurance for something you do not own. I don't believe you can. You have to have an insurable risk, Corrie: That is right, (Inaudible) Morrow: So therefore we couldn't execute a license agreement (inaudible) Crookston: That is correct. Morrow. So I think that presents the facts as we have discussed them and that leads us (inaudible) Rountree: My personal opinion Nampa Meridian Irrigation district itself and its staff are probably a minimum of 50 years out of step with what is going on in the world today. l think they have got to recognize that in an urban environment where they are going to be doing most of their business in the next 20 years they are going to have to get with some of these things. As far as I am concerned we aught to press on with this and see Meridian City Council April 15, 1997 Page 36 what happens and support advancing the multiple uses of these corridors in our City. They have no other value then as a transportation facility be it water or pedestrian. They are an attractive nuisance the way they are now. I think they are probably less attractive if there are some improvements made and people recognize we are not going to climb fences and play in the water we are probably going to ride our bikes dawn and know what is there. I don't know what the remedy is but 1 think we as a City should take a strong stand with Nampa Meridian Irrigation district and maybe help them understand that things are different then they were 50 years ago. I guess the other point is these folks awn this property. I don't think they have given up their right to use the property so I think they are in a much stronger position then maybe they feel they are. Morrow: I think what Nampa Meridian is requesting of us as a City is to have the property owner give up the right to usage. Rountree: I would oppose that at all, I can see exactly what you are saying happening, in fact that has happened in other communities, not with Nampa Meridian but with other irrigation districts where fees are then charged for access or no access is allowed at all. I don't offer a remedy but 1 think whatever can be done to advance getting this pathway built. Having the homeowners association accept the care and (inaudible) as if it were a common lot. I think that is how it was (inaudible). I guess we all stand back and take our (inaudible). I don't know what kind of position we are in, we really, like I said we don't own anything. Tolsma: We are having the same problem with our pathway project in Tully Park. Rountree: Well I think we have a remedy for that. Tolsma: (Inaudible) Bentley: I would agree, I think we need to take a stand on this. These things don't get taken care of they wind up being eye sores anyway. We have a chance to make something that is not usable. I just think it is time for them to come around to the 1990's. Morrow. What are your thoughts Bob? Tolsma: I fully concur with that, I believe what Charlie says is they are just (inaudible) they are not thinking of the future. This dead ground (inaudible) want to do the same thing, they want to put a gravel road on top of it (inaudible) with no traffic (inaudible). think that is our area, I think it needs to be developed and used. It is better than having a gravel road. Bob: (Inaudible) Tanner: Mayors as I just think in my mind about a procedure to go forward if the Council were to sign our plat allow us to bond for this work because there is now water in the Meridian city Council April 15, 1997 Page 37 ditches we probably can't extend this pipe until October. At that point then when the water is cut out we can extend the pipe, we can build a head wall structure and we can put a pathway. Put a 5 foot pathway on one side of this and gravel the rest of it for Nampa Meridian Irrigation. Shari isn't it 6 foot wide, isn't that your ordinance width for a pathway, is that the width? Stiles: The pathway would be ten feet only five of it would need to be paved. Tanner: (Inaudible) the question that I have at some paint in this thing if they get an injunction against us saying that is our ditch and you don't have our permission to put the in it and build a new head wall structure and fence it and go forward with whatever you are doing. Rountree: Then I guess you enjoin their actions against you, it is you property and they don't have any right for telling you how to use it. Tanner: They do have, there is a state law now that says that any organized ditch company you have to have their permission to tile or reroute their ditch. It was 3 years ago or two years ago that was passed by the legislature so that is now law. So I am really caught, I guess I can do it and call their bluff but they can sure, I know a statute that is on their side. So I throw that out as a realistic. I guess if push came to shove and everybody wanted to push this to the top I just want to be able to go forward. Corrie: You would be the one going to court (inaudible). Tanner: If they vein the case then it is my hope that the City is going to back off and say we can't require you to do what we are trying to require you to do. Morrow. Let me ask to this Mr. Tanner, the portion that you would be tiling would fall within, does that fall within Finch Creek Subdivision? Tanner: Yes, but we have agreed with Syrup's who own Finch Creek Subdivision at our expense they awn that, but we have agreed at our expense to tile. Take that S curve Mr. Morrow that you referred to and exactly and Nampa Meridian was just thrilled when this was originally presented. Because now we have a straight road and we don't have this windy thing going all over and then this pathway got hooked into it. They just backed off on everything like 59 years behind the times. It is on their property, it is on the Finch creek subdivision property. The head wall structure would be, the tiling would be, part of the pathway. Of course part of the pathway is on our property. Morrow. well from the City's standpoint do we not require a hook up there of Finch Creek folk so there is a certain portion that has to be tiled to allow that hook up to take place does it not? Meridian City Council April 15, 1997 Page 38 Stiles: Hook up of the pathway? It is already a dedicated platted lot in Finch Creek. Unless they ran that through exactly where it is adjacent to the property there. If they do go ahead and get this platted recorded I would like there to be a note on the plat that this is a non -buildable lot until such time as that pathway is constructed. Morrow. Well I don't have any problem with any of that Shari, I guess my question here what I am trying to find out is that on this portion where we would put in or Mr. Tanner would put in the new covered ditch to allow the access to the gate for Nampa Meridian we could require or have required that to be tiled by the Finch Creek folk for their part of the pathway. Stiles: They were not required to tile that no. Morrow: Were they required to put the pathway in this configuration? Stiles: In this configuration no. Where you see the 10 foot walkway that lot 9 where it hits the eastern boundary of Bedford Place that is the extent of their dedication on their plat. Morrow. Well I guess from my perspective is it seems to me it makes sense to sign the plat and go ahead and have them bond and see how the issue comes out in October. Rountree: I agree, just move on with it. Stiles: Just go ahead and have Finch Creek, the owner of this property, I am not sure that the Borup's still own that lot there. Tanner: Well the last, they had retained ownership and Shari I can't tell you today. As of a month ago they owned it and they were waiting for the license agreement from Nampa Meridian because they also have a license agreement with Nampa Meridian Irrigation district. They were waiting for this to happen so that they could they have agreed to pave the pathway on their property and fence on their property. And we would pave and fence on our property and what we agreed to do what go ahead and work with Nampa Meridian extend the pipe line and the head wall structure. Stiles: We would want to make sure all of that is bonded (End of Tape) fence that and do as much as they could. Tanner: I don't think that they have done any of that construction Shari at this paint. To my knowledge they have not. I haven't looked at it for a month. Stiles: We would need a bond and we would need to make sure those easements were in place because they are not they are only to that boundary there. When you start going south there is not easement there. Meridian City Council April 18, 1997 Page 89 Tanner: They have agreed, Mayor and Council, they have agreed to grant the easement probably in favor of the owners association because that is the association that will own it and maintain it. Corrie: What do we need to move on here. Morrow. I think just instruct staff (inaudible) Tanner: one last comment Mayor and Council, what bathers me a little bit about this. I am concerned about losing a lot. We are now in the process and have extended water and sewer and we will extend the balance of utilities. I am really not excited about losing a lot or having a lot withheld for a reason that someone else won't allow me to perform. I will do everything that is within my power to do and I have represented that. The financial isn't an object of it but if somebody prohibits me from doing something that you require I don't, I would ask this Council not to prohibit me from building on a lot that otherwise is approved. Corrie: What happens if it doesn't work out the way you are looking at it here and lot 28 is sold then how are you going to connect? We are having (inaudible) we have to do something to get your pathway together. But if we don't at least have a way to get it across there other than (inaudible) where are we going to go? Tanner: That is a good question, it is a question that the Borup's and Finch Creek have is as difficult as mine. They would have to change, there is a plat that really that the pathway isn't a valid pathway either. Tough question, I understand. Morrow: If I might respond Mike I think that is a part of the gamble one takes. I guess if it were I in your shoes I would service lot and plan on it being a sellable lot. But I wouldn't sell it until I got this done. Because the back up card here is that the whole world turns upside dawn, the back up card is it goes on the other side of the lot and ties in on a portion of what would be the southeast corner of Lot 28. Nampa Meridian can figure out how they heck they are going to access the easement. Tanner: Their awn easement? Morrow: Their own easement, my point is that if in the event that this ideal configuration goes away this moves over to this location and accesses to (inaudible) At that point in time on this side at that point in time that is a fall back position. The ideal is what we have seen now. I don't think that in all candor that as a councilman I wouldn't be willing to tell you to sell lot 28 and then put the City in the position of never having those two things hook up. What the heck is the point of even having (inaudible). somehow we have got to have the things hook up one direction or the other. The preferred direction is this proposal that we are talking about right now. But if that goes away and it can't be done then there can't be an alternate. The only alternate that I can see is through lot 28. 4 t Meridian city Council April 15, 1997 Page 40 Tanner: And you understand that even the west end of Finch creek's easement there for a pathway is within Nampa Meridian Irrigation District's. There is no guarantee that even they can come to meet, that they can even bring a pathway to my property line let alone me if I were to give up all of lot 28 and say okay I lost that lot. Here we go I will run a pathway right through what you see as the middle of it and 1 will run it right over and stub it to my property. 1 am still in Nampa Meridian's easement and their easement is still. Morrow: I understand that, I don't have a problem with that. I think that as a council we have addressed. I think what we are talking about now is that if the inability to get the ditch covered and the head works in would be what precludes in my mind this configuration. If that turns south then the configuration of how these hook up to each other would have to change somewhat. But from my perspective we are leaving these two things hooked up irregardless of whether they are in an easement or not because we are on good ground in that case. I think the only thing that is tentative in my mind is the tiling of that 64 foot of ditch and the headwork's. I think there might be the weak point. Tanner: I agree it is, and in my mind it is as well. Morrow. If we have a problem then there is another method by which we can tie those two together. But they will hook up because you own the ground, the Borup's awn the ground, you can affect an easement for those areas to create those two paths to connect to each as the homeowners association (inaudible). That is how I see this. I think having said that don't sell lot 28 in this configuration until (inaudible). Tanner: So we withhold that from construction from sale until this tie is made and then at that paint then it is released. Morrow. (Inaudible) Tanner: And we work that detail out with the staff. (Inaudible). Corrie: Thank you, anything else Shari? Lieutenant? Counselor? Crookston: I have nothing to present. Corrie: Mr. Morrow? Morrow: Really the only thing is we are going to do the executive session in a moment. Actually two things. One is that for non -revenue departments through the first 8 months of the construction season or fiscal year our residential income in the building department is down 27%. In commercial we are up $8 million, the net drop is or gross revenues is 15% for $10 worth of valuation. I think that means that those budgets for non -revenue departments need to be closely looked and closely monitored because Meridian city Council April 15, 1997 Page 41 obviously the revenue side of our equation is going to be down from what it was we had projected when we set those (inaudible) just a ward of warning. The second thing is, Will, the dinner certificates for staff, where are you at with that program? Berg: I was planning on talking to Jo Bolen this week. she had to rearrange her schedule so she will be here the week of May first, April (Inaudible). My question was to her is I have a two fold as far as jeopardizing how do I select an establishment. If there is any Marrow: Probably the same way you buy turkey's or hams for Christmas. Berg: Select from bids. Morrow: No, do we bid turkeys? Berg: We get a couple prices. Morrow: Well in terms of dinner certificates (inaudible) on what $30 bucks is going to buy. Berg: Go with the best buy or local restaurants? Morrow. I think we should be supportive of local industry because they are the ones that ultimately pay the tax that allowed the savings to occur. Berg: And we have several good ones here. I was trying to get a format of something that somebody did in the past that we didn't jeopardize somebody getting mad. But I will made that selection. Morrow. Agenda for our strategic planning meeting, we will be reviewing the ordinances. Bob Hailey will, please ask Bob Hailey to come Will to make a short presentation. We will put in your box some of the preliminary findings from the ditch committee. We will have a round table discussion concerning that information and also there may be some members of the ditch committee to talk about some of those issues. That is it Mr. Mayor. Bentley: I placed in everybody's box a copy of some ideas on limited duty. Maybe we can discuss them at a later date and let everybody review them. We also got a moratorium on cellular towers. This is something that the chief and I had discussed and I think I briefly brought it up at a Council meeting and while they have this moratorium on maybe we aught to take a look at what we might like to see in the city concerning the same issues. I trust we will have the safety committee in its final form here soon. There isn't much to change except one word on the last draft. The chief and I have some projects that we would like to get the committee together and going on it. That is all I have. Meridian City Council April 15, 1997 Page 42 Rountree: I just want to remind everybody that Saturday is March for Parks, be there. Some of you are going to, including myself are going to be cooking so that ought to be a treat for everybody. Generations Plaza just for general information the Girl Scouts were continuing to pursue the plaques for the bricks. They have gotten prices from Awards R Us at $5.00 a plaque including engraving and Burgess Jewelry at $4.00 a plaque for engraving. I will direct them to work with Burgess Jewelry if everybody is in agreement. And that is all I have. Corrie: Ron? Tolsma: We had the fire commissioners meeting last Tuesday. Ms. Stephanie Witt was there from BS U . She proposed $500 for the study to see how the City Rural split was going to be. Actually I need the Council's approval or disapproval so we can notify the rural commissioners for Stephanie to proceed or disregard it. Morrow: Mr. Tolsma, is our share $500 or $250? Tolsma: $250, also the split on the city and rural calls the rural wanted to know if the City would be amenable to paying for the City calls and rural would pay for the rural calls. The city's portion of the bill of that for the dispatch was $19,540.84 and the rural's share was $12,215.52. Morrow: I guess my question there would be is how did you budget for that for this year or is that a technical question for next budget year? Tolsma: That is what the fire dispatch cost us, that is what we have to pay right now. Morrow: How did we budget for it, did we budget for it to be a 50150? Tolsma: Basically it would be a 50150. Corrie: I think it was budgeted 50/50 then they ought to stay 50/50. At least that is my consideration. Bentley: I concur with that. Morrow: I don't disagree with that either. i don't have a problem for the next budget year if we each pay our awn. But I don't want to -be changing the rules in the middle of the game. Tolsma: What is your wish on the $500 for the study? Morrow. Get after it as far as I am concerned. Meridian City Council April 1 5, 1997 Page 43 Rountree: I agree Morrow: So moved Rountree: Second Corrie: Motion made and seconded we allow $250 for the Stephanie Witt study between the rural and the city, all those in favor? opposed? MOTION CARRIED: All Yea Bentley: Follow up question, how long? Tolsma: She said it would be done before the budget year, probablVY 2 months. That is why they wanted to know (inaudible). The other thing was June 1s L L they are having an open house at the fire station, hot dogs, hose competition and golf tournament. on April 26 this month they are having the fire department golf tournament out at Cherry Lane golf course out here. That is all I have. Corrie: Thursday as you know is the public hearing for Planning and Zoning both County and City at 7:00 in reference to the area of impact. I would like to have anybody who can come to that I would encourage you to be there. Staff same way. That is all I have, anything else? Berg: I do, last meeting we, the City Council approved an appointment to the Planning and Zoning Commission as effective May 13th for Byron Smith. I would like to have a clarification or an amendment to that motion for the simple fact that Greg oslund is no longer with us and we have a Planning and Zoning meeting Thursday. A special one for the area of impact and I would like to have him there to listen and be a Commissioner. So we need that motion. Morrow: okay, so you want us to redo the motion that we had before because the effective date of office would be the second Tuesday in May which would be May 13th. Berg: I would just like it effective tonight and we can have a Commissioner going to that meeting. Because we already have one conflict with one individual that he cannot make it and then if there is another emergency we need to have a quorum there. Morrow: Mr. Mayor, I would move that we appoint Byron Smith to the P & Z effective 4- 15-97, -15-97. Bentley: Second Meridian City Council April 15, 1997 Wage 44 Corrie: Motion made by Mr. Marrow, second officially appointed to the Planning and Zoning discussion? All those in favor? Opposed? MOTION CARRIED: All Yea by Mr. Bentley to have Byron Smith effective April 15, 1997, any further Stiles: Mr. Mayor and council I would like to make sure that at the strategic planning meeting next week I have scheduled David Everlee to come talk about the capital improvements plan. I also would like to have a short discussion on filing fees. Morrow: That is fine, what time did you wish Mr. Everlee to come? Stiles: He can come whatever time you would like. I would think he wouldn't take more than 15 minutes. Marrow: what vire are on for, is it 5:99 and you are serving dinner? Rountree: I will let you know now that I will be out of town on business Tuesday. Morrow. (Inaudible) Carrie: 6:90 then would you like to have him came then? Stiles: Would you like me to have him reschedule? Morrow: No, have him come, (inaudible) he can come and make is presentation at 5:39 if we are going to start at 6:00 that will give us time to eat or whatever. That will work out fine. Stiles: Thank you Corrie: I will entertain a motion for executive session. Morrow: So moved Rountree: Second Corrie: Motion made and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION Corrie: We will call the meeting back to order at 11:37 from the Executive Session. No decisions were made on a personnel policy at that point. I would like to go back to item Meridian City Council April 15, 1997 Page 45 ##13 a request for a conditional use permit for an automobile emission testing station by Joseph Hanson. ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE TESTING STATION BY JOSEPH HANSON (IDAHO AIR): Corrie: Would you like to come up and give us a briefing on what you had there and then we will go from there. Hanson: Thank you Mayor and Councilmen, sorry about keeping you late here. Well, basically I just want to move my van from the existing location from the Auto salvage there on Fairview, ATM and go right down to D and B. I think it is a more attractive location, more room and I just don't like to be around a situation where they haul wrecked cars around. so I have another van plus this on in Boise, I operate two of them. I just want to have them at real nice shopping centers. It looks nicer and that is basically why I applied for the conditional use permit. Corrie: Alright, Council, questions? Rountree: Have you read the findings of fact and conclusions of law? Hanson: Yes I have Mr. Rountree. Rountree: Do you agree with those? Hanson: Yes I do. Bentley: You understand the signage issue? Hanson: You might go over that one more time because I know there is, I am willing to conform to any kind of a sign issue, although I do I i ke to have something out that kind of states that I am open. I can attach that to the van and take it in. The way we operate right now is I don't like A -frame signs but I have in Boise a sign in Boise that is on a pole. But it comes down every night. I don't know if that is something that would be good. It would be real close to my van and come down each night. Stiles: (Inaudible). Bentley: In a fallow up, where are we at with telling them about the A -frames, D & B? Don't they have signs out in the grass. It is kind of hard to tell him he can't do it when where he is going they have got them. Stiles: (Inaudible). Corrie: Any other questions? Meridian City council April 15, 1997 Page 46 Morrow: The reason for the conditional use (inaudible) they are aware of the conditional use (inaudible). Corrie: Mr. City Attorney, just for clarification of law, since we did vote to table it for next meeting do we need to pull it back off the table and then go ahead and vote tonight. Walt made the motion and Glenn seconded so have you guys bring it off the table. Morrow: I withdraw me motion to table the conditional use for Joseph Hanson. Bentley: second withdraws Corrie: We are back on so I will entertain a motion on the conditional use permit. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Tolsma: Second Corrie: Motion made by Mr. Marrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as adopted by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -- yea, Bentley --- Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: decision? Morrow: Mr. Mayor, the city council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or (inaudible) that the applicant (inaudible) be required to meet all ordinances of the city of Meridian the conditions use should be subject to annual review or more often if conditions warrant it upon notice to the applicant by the City. Rountree: second Corrie: Motion by Mr. Morrow, second by Mr. Rountree to have the decision recommendation as read, all those in favor? Opposed' MOTION CARRIED: All Yea Rountree: Mr. Mayor, I have one short plea before I make a motion to adjourn. Faint the Town in Boise has paint the town teams for the city of Meridian. Those teams are looking for things to paint in Meridian. specifically they would like to help the city out if Meridian City Council April 15, 1997 Page 47 we have got some buildings in the City that could be Painted. But like the water department or the shed at the police of maybe some on 8t street. Anyway if you have any idea of what the Meridian teams could paint would you get a hold of Tammy DeVeerd, staff or anybody here. Smith: Meridian Kiwanis has a Paint the Town team. (Inaudible) Rountree: She is looking for projects over here that they can maybe gat their team to work on and was specifically thinking about the city_ . If you would let Tammy know she would appreciate that. I move we adjourn. Marrow: Second Corrie: Motion made and seconded we adjourn, all those in favor? opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:45 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: w'ERT D. CORRIE, MAYdFk Ii ATTEST: MERIDIAN CIN COUNCIL AGENDA TUESDAY, APRIL 15, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD APRIL 1, 1997: %`-Dojo l l/ 1. TABLED APRIL 1, 1997: REQUEST FOR A REZONE OF APPROXIMATELY 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: 2. ORDINANCE #754 -ANNEXATION/ZONING TO I-L/MURASKO: 3. ORDINANCE #755 -ANNEXATION/ZONING TO I-L/PROPERTIES WEST: a&rav-e, 4. PUBLIC HEARING CONTINUED FROM APRIL 1, 1997: REQUEST FOR A PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST: ��jo�ove d'u-6J2cf �n C>e�c.di�ions 5. ORDINANCE #756 -ANNEXATION/ZONING TO T-E/B.W. INC.: 6. TABLED APRIL 1, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF MERIDIAN MIDDLE SCHOOL ACADEMY BY JOINT SCHOOL DISTRICT NO, 2: 7. ORDINANCE #757 - REZONE FROM R-4 TO L-0/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): 8. ORDINANCE #758 -VACATION OF SEWER EASEMENT/BERTH NEELY (NAPA AUTO PARTS): 9. ORDINANCE #759 - VACATION OF _EASEMENT/PACIFIC LAND SURVEYORS: 10. SITE PLAN REVIEW: FAMILY PHYSICIANS OF MERIDIAN LOCATED AT TEN MILE ROAD AND CHERRY LANE: 11. REQUEST FOR A CONDITIONAL USE PERMIT FOR A G NERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: �,arove ����e/C �p� rr�v��e dap 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: �dorov� 13. REQUE T FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTINX.G STATION BY JOSEPH HANSON IDHO AIR): /T -L; -I- lll�v ?lpK-r- ell- a�wllo /cl) 14. REQUEST FOR A PRE L MINARY/FI AL PLAT FOR TEN MILE SQUARE BY ALBERTSOMS INC.: Wili>Ve- r,•i�-,� �"���•�ib�,f 15. DEPARTMENT REPORTS: A. GARY SMITH, CIN ENGINEER: 1. PRIMARY CLARIFIER PROJECT —TEMPORARY POWER: 2. NAMPA MERIDIAN IRRIGATION DISTRICT LICENSE AGREEMENT ADDENDUM —EIGHT MILE LATERAL CROSSING: a�a✓� 3. ENGINEERING AGREEMENT FOR 2 MILLION GALLON WATER TANK 4. ARCHITECTURAL AGREEMENT —SPACE PLANNING STUDY: cc)lpm� 16. EXECUTIVE SESSION: CITY OF MERIDIAN RECEIVED PUB,iC MEETING SIGN -ti_ SHEET APR 1 5 199? Ci'1"1' OF MERIDIAN eez q/ ,SBS'-P CYYY UYMERIDILAIN RECEIVED PUBL'.tC MEETING SIGN -U`, SHEET APR 1 5 1997 CUY OF MERIDIAN TC) f7, t Qf�Y ' — 70 67 96) 7,- /�/ /�g f(�e:3 - k ORDINANCE NO. 7�'? AN ORDINANCE VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 394683, IN A PORTION OF LOT 12, TAYLOR SUBDIVISION, B.M. ADA COUNTYr IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to vacate the sewer easement recorded as Instrument No. 394683. NOWT THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That since the land owner has requested that the sewer easement recorded as Instrument No. 394683 be vacated, and the land owner having granted new sewer line easements and the City of Meridian agreeing to release the old sewer line easement, the City of Meridian hereby vacates the sewer easement recorded as Instrument No. 394683, which easement is described as follows: Lot 12• of Taylor Subdivision Plat, according to the of f icial plat thereof r f iled in Book 11 of Plats at Page 637, records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of April, 1997. 7 ri c %� APPROVED �W-ROBERT D . CORRI E O -`97 1A pil''I LLIAM G: bt' R , J9* , tITY CL2RK S lo. SdV r�flf i4i ##;t1►�4�1�� ORDINANCE VACATING EASEMENT/He BERTA NEEL Page 1 STATE OF IDAHO,) ssle County of Ada, 3 I, WILLIAM G. BERG, JR., City clerk of the city of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance entitled "AN ORDINANCE VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 3946$3, IN A PORTION OF LOT 12, TAYLOR SUBDIVISION, B.M., ADA, COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. y the City Council and Mayor of the City of Meridian, on the day of April, 1997, as the same appears in my office. DATED this "day of April, 1997. p ILLIAM G. BERG. R CITY CLERK. CITY OF MERIDIAN SFAL STATE OF IDAHO,) '�, � r 181 • �. County of Ada, On this day of April, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G • BERG. JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certif icate f irst above written. r L Olt SEAL= �� ��� ��► rpt r of rrrrsis►� ARY PUBLIC -FOR IDAHO IDING AT MERIDIAN, I AHO COMMISSION EXPIRES O o ORDINANCE VACATING EASEMENT/H. BERTA NEELY Page 2 ORDINANCE NO. 714y4s AN ORDINANCE VACATING THE EXISTING 5 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE WESTERLY BOUNDARY OF LOT 36, BLOCK 1, HAVEN COVE NO. 5 SUBDIVISION, A SUBDIVISION IN MERIDIAN, IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City � Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to vacate a portion of the utility and drainage easement on Lot 36, Block 1, Haven Cove Subdivision No. 5. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That pursuant to Section 50-1306A and Section 11-9--611A, specifically, and Title 50, chapter 13, Idaho Code, generally, the City of Meridian, having held the required hearing and it appearing that proper notice of said hearing was given and there being no objection, hereby vacates the existing 5 foot wide public utility and drainage easement along the westerly boundary of Lot 36, Block 1, Haven cove No. 5 Subdivision, a subdivision in Meridian, Idaho and recorded in the records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall, take effect and be in full force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of April, 1997. V OBE Do CORRI E , MAYOR ATTEST* 0A Of ��► ■ ��� !. #- s f� r . r Fri ..,ti .-- WILLIAM Go BERG r JR , TY CLERKSFAL 'r isl z-97 APR 18 0 5 0 ORDINANCE VACATING EASEMENT/PACIFIC'LAND SURVEYORS Page 1 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G• BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance entitled "AN ORDINANCE VACATING A PORTION OF AN EXISTING 14 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT, BY ELIMINATING THE 10 FOOT WIDE PUBLIC UTILITY AND DRAINAGE EASEMENT, WHICH EASEMENT THE WEST BOUNDARY OF LOT 36, BLOCK 1, HAVEN COVE NO. 5 SUBDIVISION, (A RECORDER SUBDIVISION ON FILE IN Boot{ ? ? OF PLATS AT PAGES ? ? ? ? 7 AND 7?7?, RECORDS OF ADA COUNTY, IDAHO}• .AND PROVIDING AN EFFECTIVE DATE"; passed as ordinance No. .'-> , the City Council and Mayor of the City of Meridian, on the day of April ■ 1997 ■ as the same appears in my office. DATED this day of April, 1997. � C ii1ILLIAM G. BERG J . SFAL CITY CLERK, CITY OF MERIDIAN y r STATE OF IDAHO,) County of Ada, On thisda of. April, 19 9 7 , before ore me , the undersigned, Y P 9 ■ a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writte4o,l GE L % tP SEAL 0 A l{* �! / OF OTC ,,,t 11#111#1{till NOTAIXY PUBLIC Fdif IDAHO RES DING AT MERIDIAN, IDAHO M COMMISSION EXPIRESOjl-a.21�i ORDINANCE VACATING EASEMENT/PACIFIC LAND SURVEYORS Page 2 ORDINANCE NO. 75 7 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING of CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE E 1/2 OF THE SW 114 OF SECTION 2, T. 3N., R. lW., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Of fico (L-0) , f or the f ollowing described parcel in Section 1 below: 0 8 6 r . NOW, THEREFORE, BE.:.IT ORDAINED by the Mayor and city Council of the City of Meridian, Ada County Idaho • Section 1. That the aforementioned rea�,2p:�opqrty which is described as follows: parcel of land situated in the E 2 ot 1 � 1 M S 114 of Section 2, To 3N . , R 1W*, B . M. , Meridian Idah eing more particularly described as follows r �'w -' u..w. BEGINNING at the Southwest corner of the said E 1/2 of the SW 114 of Section 2; thence along the West boundary of the said E 112 of the SW 114 which line is also the East boundary of Sunburst Subdivision No. 2 North 000171241, East 881900 feet to a point; thence along a line parallel with the South boundary of the said E 112 of the SW 114 South 8803$'31" East 414.73 feet to a point on the West boundary of Sunnybrook Farms No . 2 , a subdivision; thence along the said West boundary said Sunnybrook Farms No. 2 and the West boundary of Sunnybrook Farms No. 1, a subdivision, said boundaries being parallel with the said West boundary of the E 1/2 of the SW 1/4 South 00017f24" Vest 881.00 feet to a point on the said South boundary of the E 112 of the SW 1/4, which boundary is also the centerline of West Cherry Lane; thence along the said South boundary North 8 8 0 3 8 f 3 l" West 414.73 feet to the POINT OF REZONE ANNEXATION ORDINANCE -- CURRY BRANDAW ARCHITECTS -- PRESTIGE CARE PAGE 1 BEGINNING. be, and the same is hereby rezoned from R-4 Residential to Limited mated Office (L -O) and Section 11--2-425, official ZoningMaps is p hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for r rezone. Section 2. The Applicant shall comply with all f p y othe Ordinances of the City of Meridian includingthe Fire Code re . Life Safety Code, the uniform Building, Electrical, PlumbingCodes es an d all of the ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to RWO 4. Section 4. EFFECTIVE DATE: There being an emergency, g y► which emergency is hereby declared to exist, this ordinance shall be in full force and effect from and after itsas sa a and approval p 9 ppr al as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County. Idaho, thisda of April, 1 9 9 y p , 7. �� ROBERT D. CORRIE REZONE ANNEXATION ORDINANCE - CURRY BRANDAW ARCHITECTS - PRESTIGE CARE PAGE 2 � CW ;g ATTEST: ,�`'",. 4 L C CLERK W" ILLI BERG, JR. STATE OF IDAHO,) . ss. County of Ada, j It WILL BERG, City Clerk of the City of Meridian, Aida County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF I;AND LOCATED IN THE E 1/2 OF THE SW 1/4 OF SECTION 2, To 3N . , Re 1W., B.M., ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE". P ras sed. as Ordinance No. , b the City Council and Mayer of the City of Meridian, on the day of April, 1997, as the same appears in my office. DATED this 5 �'day of Aril 1997, of t Y Clerk, r , ity of Wrj#ian ala County, Idaho SEAL wD -66 00' z STATE OF I DAH% Count of Ada r1� On this day April, r.il 199 y p ► 7, before me, the undersigned, a Notary Public in and for said State , personally appeared William G. Berg, Jr . , known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL 1 A'? � 13 • REZONE ANNA 1 CE �� CURRY BRA,NDA1.111 , ,� �ct5 N r Public for Ida esi ing at Meridian, 11 I 60 /n tom. 1 AL PRESTIGE CARE v Idaho PAGE 3 ORDINANCE NO. 756-11 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NOR'T'H, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING .AN EFFECTIVE DATE* rip r k k-� 6 WHEREAS, or the City Council and the Ma of the C%t4�y of Mayor Meridian, Idaho, have concluded that it is in the best interest. -: �pf said Cit to annex to the said Cit 5 - • " City real r� er '... , ` . `'' City p .p ty ._ which is described in Section 1 below: l 01 1 Lo.. NOW. THEREFORE, BE IT ORDAINED by the Maya ;ty �Ci cam, of the City of Meridian, Ada County, Idaho. Section 1. That the real property described as: A parcel of land being a portion of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of Section 8, Township 3 North, Range 1 East, BM, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 8; Thence S 00000,0411 E, along the West line of said Section, a distance of 662.76 feet to the SW corner of the N 1/2 NW 1/4 SW1/4 of said Section 8; Thence N 8 9° 3 8' 2 9" E, a distance of 662-20 feet to the SW corner of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of said Section, THE REAL POINT OF BEGINNING, Thence N 0 0 ° 01 ' 07 " E,, along the East side of Locust Grove Road, a distance of 331.33 feet; Thence N 89°38140" E, a distance of 667.47 feet; Thence S 00°02132" W, a distance of 331.30 feet to the North boundary of Layne Industrial Park Subdivision; Thence S 89°38129" W, along said North boundary a distance of 657-33 feet, to the REAL POINT OF BEGINNING, containing 5.00 acres of land, more or less. is hereby annexed to the City of Meridian, and shall be Zoned TE ORDINANCE � B . W. INC* Page 1 Technical District; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; -that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a. condition of annexation and if not paid the land shall be de - annexed; the land may only be developed under the conditional use process. Section 2. That the property shall be subject to deem annexation if the owner shall not meet the following requirements a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C . That the development shall be aesthetically maintained with a 35 -foot setback for landscaping along any arterial roads. d. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 119M2600 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9--605, of the Revised and Compiled ordinances of the City of Meridian* 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City* es That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. ORD I NANCE - B . W . INC* Page 2 f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g- That if these conditions of approval are not met the property shall be subject to de -annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Taw, and meet the ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with Land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one ( 1 ) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the Cit of Meridian Ada County, � ---- . City , nty, Idaho, this day of April, 1997. APPROVED: Y R -- BOB CORRIE ORDINANCE - B.W. INC. Page 3 ATTEST:oirr N-t, z Z0 AA�5p w w � w► i■i LIAM G. BERG, JR. _- CITY CLE9 ► +s+r STATE OF IDAHO�� • ��4� 1' '},�� County of Ada, I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH. RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.' passed as ordinance No..., 56 r by the City Council and Mayor of the City of Meridian, on the day of April, 1997, as the same appears in my office. DATED this y--- da19 9 7 . N Ck We 1r'►►'R �` �,Jr 8 w w �ty Clerk, City of ' e Ldian .A�.a County, Idaho 01 STATE OF IDAHO , j County of Ada, ) On this �/ ,,.. day of April. 1997, before me, the undersigned. a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF official seal the day 'Written . att���� #�rr����r • 'y A �� � w1P SEAL yo 13L I, Soo ORD I NANCE =�rp`. I have hereunto set my hand and affixed my and year in this certificate first above r,y larPublic for Idaho si ing at Meridian, Idah ommission Expires Page 4 f T ..:�i.�i�.`.. �� -.E.L�aK'�."s'r�'�5h$,•t .xw�•�L. _ _ i -.,.._1._._.e_ ��rss�_ i..bs:i�,'�k.=i�=.�ei-..s-..y- . _ ._ � .� . _ 1: _ .. + r �� �.. 'R'•:.w�'YN .Yil:7 � r!�.. !�.:ih•._. _ �.. � 1' - R.Y,;.ti "� _ . F - r _ � � '^r':r, new. iw r C. ,- - 13 �.. .. Y• v .w.J `i' enc`' . -�.' ., a.. r .' :'J'- f f I � � rl a � ! i ,� I !I • � n F i iI� r f c 1 I � f ! � .,. _.. _ � c : ""�.. -�. �.. ..rte �+.�..... �• i + � �. � • ------ _-_.-� — ___----__---_---___-__------ - ... yy+ wo V■i i rye 0 of f yi l s 4t I i 1 � �. _ •,- •fir, R z } % ! � � � � f � . _ �� • ~ • •i - �4 .. .. 1. . ~� -1 _ � �F + r y�hh7 1;'I rLy/ii1 1 ` � •+ :[ ... ..-�� ---i i- to, ill � � N �' � I � _• �' � }, 1 - r Gi 1 I # 1 tj in ti - I_ f I- ` r 7 I 1fi ! I `f-• -� '!. _='ter .. �� - k V -4 t "r 14 I 1 t 1 1 CA � l •r !I i r I• � f 1 L.i . � .. .. � I I I a? [ r l �► I I N. THOMAS 1 I I i r t A U I 1 s Ir i i i s r •� r �1 .___ -- __ ! t fit f 1 ! I t -es-------------- -, ORDINANCE NO 16w"S' AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE 114 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: 9 7 0 206 '."18 NOW, THEREFORE, BE IT ORDAINED by the Mayor and i.ty Co c of the City of Meridian, Ada County, Idaho: ...T; it f'i F r"v •-• i Section 1. That the real property describedoa A portion of land within the NE 114 of Seco- + a � 1;8 3N., R. lE., B.M.. Ada County, Idaho, more pa lAy as follows: Commencing at a found brass cap at the sectio borher common to Sections 7, 8f 17 and 18 of T. 3N . , R . lE . , B.M., at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to Sections 17 and 18, South 83046118" West 480.70 feet, the REAL POINT OF BEGINNING; thence leaving said center line and said section line South 0 2 ° 14 ' 3 8 " East 187-40 feet to a set 5/811 rebar with cap P.E./L.S. 3250; thence South 00058143" West 494.50 feet to a set 5/8" rebar with crap P.E./L.S. 3260; thence South 19008,1711 East 135-59 feet to a set 5/8" rebar with cap P.E./L.S. 3250; thence South 01025f431, West 520.56 feet to a found iron pin on the North 1/16 line of said Section 18; ANNEXATION ORDINANCE _ I -L ISR. JON L. BARNES -- PROPERTIES WEST, INC. Page 1 thence South 8 9* 3 9 1 4 0" West 888.27 feet along the said 1116 line of said Section 18 to the NE 1/16 corner of said section, from which a found 518" rebar bears North 08°Z9' 39" East 4.25 feet; thence North 0 8 ° 2 9 ' 3 9 " East 1, 3 3 2.11 feet along said East 1116 line to a point on the Northerly boundary of said Section and the center line of said Franklin Road; thence North 89046'18" East 846.40 feet along said Northerly boundary and center line of Franklin Road to the REAL POINT OF BEGINNING is hereby annexed to the City of (Meridian, and shall be zoned I --L Light Industrial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that owners of lots in the subdivision to which this land is to be subdivided into and which lot, or lots, abuts a lot, or land, as back to back neighbors and which abutting lot or land has frontage on South Locust Grove Road (hereafter referred to as Locust Grove Lots), the owner of the lot in the subdivision in which this land is subdivided into, must obtain a conditional use permit for any use that is desired to be placed on their lot; but the owners of other lots that do not abut Locust Grove Lots do not need to obtain a conditional use permit unless the Zoning Ordinance requires a conditional use permit for that type of use; also, pursuant to representation of the Applicant agreement the following uses shall not be allowed on the land annexed, to -wit: Asphalt and/or concrete operations, Automobile wrecking yards and/or storage, Fuel yards, Junk yards, Mobile home manufacturing, railroad yards and/or shops, recycling shops, or Solid waste transfer stations. ANNEXATION ORDINANCE -- I -L MR. JON Le BARNES - PROPERTIES NEST. INC. Page 2 Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1394. c. That the development shall be aesthetically maintained with a 35 -foot setback for landscaping along Franklin and any portion of the land that fronts Locust Grove Road. d. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 Cr G.. H 2, K. L. and M. of the Devised and Compiled Ordinances of the City of Meridian. 2. The Applicant and ownersof the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. e. That the development of the land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de -annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 2. That the property shall be subject to de�- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. ANNEXATION ORDINANCE -- I -L MR. JON L. BARNES � PROPERTIES NEST, INC. Page -.3 b* That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994, but the City may impose restrictions that are not contained in the current Zoning and Subdivision and Development ordinances. C* That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11--2-417 D; that the development agreement shall address inclusion into the project of the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11--9-516, which pertains to development time schedules and requirements, 11-3--605 M. which pertains to the tiling of ditches and waterways, and 11-9-505 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this ordinance shall be in full force and effect from and after its passage and approval as required by law. ANNEXATION ORD I NANCE -- I a -L MR* JON L* BARNES - PROPERTIES WEST, INC* Page 4 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County. Idaho, this -r'" day of April, 1997. APPROVED 'a- a R �-- ROBERT D. CORRIE ATTEST: crr�. 'p BEAL TAG M . BERG, JR.�Z-jdITY CLERK r;WOR4,��,� r4 IZISTATE OF IDAHO,) County of Ada�'��rjt�►�'�`� i I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance entitled "AN ORDINANCE OF THE CITY of MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE 114 OF SECTION 18F TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO• AND PROVIDING AN EFFECTIVE DATE;" passed as Ordinance No.the City Council and Mayor of the City of Meridian, on the 15 day of April, 1997, as the same appears in my office. DATED this „ day of April, 1997. r N'0 NOF S City Clerk, City o M rida.an z ow 10. Ada County, Idaho w SEAL ## WOO ANNEXATION ORDINANCE -- I -L MR. JON L. BARNES - PROPERTIES WESTr INC. Page 5 STATE of IDAHO,) sso County of Ada, ) On this da of Aril 1997 before me th y, � . ■ e undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Art- -,,:. SEAL �` �'� �' :Rv o ary Public for Idaho % 4W 60 sid ng at Meridian, Idaho w p c mmi. s s ion Expires � 3"o rrrrR��it�ii� ANNEXATION DRI] I NAND E - I -- L MR. JON L. BARNES -- PROPERTIES WEST, INC. Page ...5 A v �I ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF SECTION 8r TOWNSHIP 3 NORTH,► RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City"' Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: _ { 0 2 lb.._ NOW, THEREFORE r BE IT ORDAINED by the Mayor an _ C _ ry Council of the City of Meridian, Ada County, Idaho: Section 1. That the realro ert described as: LJ ; p p y A parcel of land located in the Southeast ggaXXp-r , pf Section 8, Township 3 North, Range 1 Easy � r 4bige Meridian, Ada County, Idaho and being more particularly_ described as follows : f Commencing at the Southeast Corner of Section 8. thence North 00°55' East along the East Section line of said Section 8 and also being the original centerline of N. Eagle Road a distance of 498.08 feet to the point of beginning; Thence North 8 9 * 01 ' 16 " West along the Southerly boundary of the Olson and Bush Industrial Park, recorded ,in Book 44 of Plats, Ada County, at pages 3581 and 3552 a distance of 883.48 feet to the Southwest corner of said Olson and Bush Industrial Park; Thence South 00 * 2 8 ' East a distance of 315.11 feet to a point; Thence North 8 9 ° 32 ' 2 2'f East a distance of 876.13 feet to the East Section line of said Section. 840 Thence North 00*55' East along the Section line a distance of 293.0 feet to the point of beginning. is hereby annexed to the City of Meridian, and shall be zoned I -L Light Industrial, that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of ANNEXATION ORDINANCE - I --L HICHL AND MICHELLE MURASKO Page 1 Law as adopted by the Meridian Council on the request for annexation and zoning and the property may only be developed under the conditional use process. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land, particularly as stated in the conclusions of Law, paragraph 22. be That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2--416 L and 11-2--417 D; that the development agreement shall address inclusion into the project of the requirements of 11-9--505 of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d* That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11--9--605 M. which pertains to the tiling of ditches and waterways, and 11--9--606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That the Applicant shall meet the requirements and conditions of the Findings of Fact and conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission ANNEXATION ORDINANCE .. I -L MICHAEL ANIS MICHELLE MURASKO Page 2 within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Lay of April, 1997 . APPROVED: R ROBERT Do CORRIE ATTEST: 1 oW:���t�f�#►►�� of f� f � r�1► WILLIAM G BERG, J -- CITY CSE ALmoo STATE OF IDAHO,) om' r tS� �� � oke County of Ada, '���+►►,��'''' I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 114 OF SECTION $, TOWNSHIP 3 NORTH, RANGE 1 EASTr BOISE MERIDIAN. ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE; passed as Ordinance No. � by the City Council and Mayor of the City of Meridian on the day of April, 1997, as the same Y in m appears office. P ... _r -. .r , DAA D th�r day of April r 1997, City Clerk, City ol Meridian S L Ada County, Idaho ANNEXATION MICHAEL AND E%' i[JRASHO Page 3 STATE OF IDAHO,) ss. County of Ada, ) On this/5�4day' of April, 1997, before me, the i undersigned, a Notary Public n and for said State, personally appeared WILLIAM G. BERG, JR. ]mown to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of f fixed my official seal the day and year in this certificate first above written. 44 000*a -�` U SEAL ;N�` � y ANNEXATION ORDINANCE - I --L MICHAEL AND MICHELLE MURASKO No ry Public for Ida "sid"ng at Meridian, oy mmission Expires 0 Idah d d Page 4 rpSAuw 1t+n3 r >Elr1Fp[ A+� 1 >1lIGRlAi CL I +� TI ST1 K' ' � I 1 1 T AUZZ& 11T1gMM -qM VA 11 +e+ 4100 i ia-1�1 1 H 1 , t] 4 I 5 - -4t STATE STREET PL, ' vitME HKXORY AVE.) + ' r I � I 1 � 1 � Z I + s I . r�.rJr+ wrwsr�i����wr W. 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P1H1E AVENUE II J ---------------------...—.y__----.---_----_--------------------------__---...__.__._--_ ----- —------------ _�,-------------_._— ----- — — — --— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ----__---------_-_--_._------..._------------__--_ ...__— __------_ _ — 1 I I 4 I ` I I I I I � I 1 E 1 ro 0 W Qr' N 5 00'27'35"W 219.97`+ [11.11+L. A T T�:I} a� i $ � m N m r 4A C � t �Q n� I }(s 007r2(r W) S 00771-15` w 13i%s2• 1312.62`) _ S 3 a a r 0 r y r F Y L� 5 00'27'35"W 219.97`+ [11.11+L. A T T�:I} a� i $ S.� rrs LTJ N o g V1 _ S V Z ��a a 0 WILLIAM G. BERG, JR., City Clerk JANICE L SMITH, City Treasurer GARY D. SMITH, RE., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place toLi 'v e CITY OF MERIDIIAN 33 EAST IDAHO MERIDIAN, IDAHO 53642 Phone (208) 888-4433 ■ FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-44+43 ROBERT D. CORRIE Mayor NOTICE OF SPECIAL MEETING WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday,Aril � p 5, 1997 at 6:30 P.M. The Meridian City Council will hear a presentation by Ada Planning Association. The public is welcome to attend. DATED this 1 Oth day of April, 1997. i r WILLIAM G. BERG, JR.--&bi0,rjffAM r Ada Planning Association 413 W. Idaho, Sane 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA/ Serving Governments in Ada County Since 1977 City of Meridian Work Program/Budget Workshop Tuesday, April 15,1997 6:30 p.m. AGENDA 2 min 1. Introductions 1 Purpose of Meeting 10 min 2. Background - Task description Summary a. Core Tasks b. Budget Assumptions 10 min 3. Feedback on APA Role 5 min 4. Planning Priorities 3 min 5. Summary GSIUPWP EGLAGE RECEIVED APR 1 5 1997 CffY OF MEIUDIA Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise Mate University Equal Opportunity/ Affirmative Action Employer Printed on Recycled Paper M. ` PLANNING ASSOCIATION FY98 PRELIMINARY WORK PROORAM[BUDdF.T CORE TASK LIST 01 -Apr -97 Task Task Name Task Description lain FY98 Comment FY97 Labor, Labor, VMS VVY's 210 Ada County Provide mapping and addressing 4.8 Local, Special 0.81 Support support for Ada Co 220 Boise City Provide staff assistance for sperm 0.3 Local, Special 0.31 Support requests 310 Emergency Emergency preparedness, and 4.1 LocallFederal 4.13 Management coordination with local agencies 354 Traits Identify, implement and manage the 1.0 Local, Special 1.40 Coordinator Ridge to Rivers Plan 534 Comm[Legisia Foster effective & efficient government 0.3 Local, General 0.29 five Liaison in Ada Co as the coordinating agency 540 Planning Support planning opportunities outside 0.4 Local, Genera! 0.46 Support the Transportation Planning arena 601 Trans Support Provide for administrative & Federal 1.1 Federal DOT 1.12 transportation grant requirements Iforecasting 636 Model SupportMaintain , update & operate the travei 0.9 Federal DOT 4.65 model 640 Trans Supoort trans/data study needs from 0.6 Federal DOT 1.17 Services public & member agencies 645 Air Quality Perform annual air quality confomity 0.1 Federal DOT 0.14 analysis on Trans programs & Pians 661 Long Range Monitor & update thr LRP & conduct 2.0 Federal DOT 1.70 Plan needed fallowup studies. 671 Transit/RPTA Support all Transit planning ac&vities in 1.2 Federal DOT 0.77 Planning the co, & the development of an RPTA 685 TIPICMAQ Develop a program of Transportation 0.6 Federal DOT 0.67 projects for the next 3-5 years - 710 Development Monitor subdivision, platting & building 0.4 Local, General 0.40 Monitoring permit activities 720 Census Coordinate with local & state agencies 0.4 Federal DOT Coordination the preparation for the 2000 Census 740 Data Support Provide administrative & data support 0.8 Local, General 0.82 for data and mapping activities 741 Data Continue to market, package & 0.2 Local, Special 0.20 Dissemination dessiminate the automated base map 760 Automated Provide an automated base map & 1.4 Local/Federal 1.43 Info Systems related data bases for Ada Co 774 Map Provide updated mapping to users in 0.7 Local, General 4.70 Maintenance Ada Co 780 Street Naming Maintain & prepare street name & 0.3 Local, General 0.31 subdivision listings 800 Environmental Support planning needs of air quality 0.7 Federal 0.99 (Air, Water) (PM 10,CO) and water quality in Ada Co 000 APA Admin C Support other APA activities: clerical, 4.5 Overhead 4.72 ystems ,System - personnel, financial, admin, etc. FY97 Tasks not included 682 Treasure Support general Trans coordination 0.23 Valley Coord activities in Treasure Valley 735 Demographic Update forecasts of population, O.TT Update employment in Treasure Valley SUBTOTAL FY98 WORK YEARS 22.0 24.00 TOTAL FY98 WY`s "AILABLB 24.0 Discretionary Labor, FY98,____.1=2 LIN 0 1 00r!I?CDC0LC3LOo ooa00.S >-o Ni LO U— Liz co r` � C r� L r� CO r� r z r d"C'r]r`r040M0 a0000 0 000 r`c�l� Co Co 0 0 LL LL C0 0 Un r dam' C1 CT CT �"•� dam- 0 r` OD r (3) Cr3 C] � C1] CQE C= Q) cu �ca cc Z CD v m c m 0 0) �, cu C L �._❑W Q V) 0 o C) 0 o �? 0 0 0 0 co o Ici C6 00 r E cu 0 W o W z W 0 w U J .c 0 C) ti d- co Un m 0 Cl 2' 00r!I?CDC0LC3LOo 00 w CD I r M r d;, W LO qqf 00 Cao 0 OD C6 [` r CT E 0 L(? f� r U') Liz f` r` L -O L r� CO r� r z d"C'r]r`r040M0 a0000 r`�s-�tr•�nc�000 rN- r`c�l� 0�o� M ,C: 'Ci d7 (6 Ld r` pl LL LL o0Ir- tD coIT— �Lnm dam' o C) 0 o �? 0 0 0 0 co o Ici C6 00 r E cu 0 W o W z W 0 w U J .c 0 0 0 0 0 0 000 qqf 00 Cao 0 OD r LC) LO 0 C\1 CZI C\d C33 Liz f` r` L -O r� CO r� r z 00 C) a0000 a 0000 U W Ww 0 Z M(Do(0T- C) �Lnm t- C\i C\I C\1 C y) C1 ooa a 0 r` OD cu 0 '0ca0C: (3) Cr3 0 o C) LO LO U') r r n voa voo (.0 CF) rl-_ ,zi Ce V- V- OD 00 00 r V- 00x0 v 0 0 0 �t 0 0 L{7 T-1 LO C) o o C) o 000C) o [r300C) o r qqr o Liz � 0 00 c1r) 00 r Q CO z w � �� a W a U W Ww � W Z � v Q HFa-� �� Q ooa a 00x0 v 0 0 0 �t 0 0 L{7 T-1 LO C) o o C) o 000C) o [r300C) o r qqr o Liz � 0 00 c1r) 00 r a - E 0 v L CL m m E a) CL co0 a7 E v L.L 0 � �� v v W a � W 0 � v Q �� Q C: c_ a cu 0 '0ca0C: t1 a a. [CS m �n ,U u] = v 03 L❑ Q (� CU L cm cu C_ (n CO N v W W _ � p �C : ❑ W 0" CO Q F- CO [L Co U)❑ m = �.�. = W An 0 mom= o C� Z °� v W 0 U LLJE ' C—U W — [� .-� . ,w. 0 0C3U .� 0 -P 0 r .�. �-oU)CO cu o _ u3 to J °�.�,v o 0 cu ��m a C? C] CD v ; [Q - a C= -1 = o a) - Q W cn 03 9� u] Q 'c� C= � F— LU u) W -v o ca z<�tmW(D22i U� 0 o v m � W L E u) --W W L •- V] 0 -r --- W F - WQoam� LU Q (D U) 2 0 LL a - E 0 v L CL m m E a) CL co0 a7 E v L.L MERIDIAN CITY COUNCIL MEETING: Aril '15 '199' APPLICANT: ITEM NUMBER; 15 REQUEST: Department Reports AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: [I--O�1W US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM to: Gary cc: File from: Brad Watson, E.I.T. re: Primary Clarifier Project - Temporary Power date; April 2, 1997 Attached for your review is a revised easement and Exhibit A for Idaho Power providing temporary electrical service for the primary clarifier construction. The description and the map appear to match now. I will ask Will to put this on the next council meeting agenda. Thanks. 710 from the desk of... Brad Watson Asst. Gtr Engineer Gtr of Meddian 33 East Idaho Ave. Meridian, Idaho 83 642 (zoe) e87 -221 i G\mwffice\templatesVetters do faxesbnemo2.dot fax: (208) 881-1291 Idaho Power Company POWER LINE EASEMENT CITY OF MERIDIAN G rantor(s), of ADA County, State of Idaho, do hereby grant and convey to IDAHO POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, a right of way and easement for the erection and continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties, over, and on across the following premises, belonging to the said Grantor(s) in ADA County, State of Idaho, in the following location to wit: A strip of land 20 feet wide and being 10 feet on each side of a centerline lying within the SE 114 of Section 34, Township 4N, Range i W, Boise Meridian. The centerline of which is more particularly described as follows: Commencing in the SE corner of said Section 34, thence North along the East section line of said Section 34, a distance of 1217 feet, more or less, thence NORTH 87° 14' 00" WEST a distance of 1327 feet, more or less, to a point, said point being the TRUE POINT OF BEG G; thence North a distance of 315 feet, more or less, thence North 33° 48' 00" West a distance of 120 feet, more or less, to a point, said point being the POINT OF TERA11NUS of said right of way and easement. Together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the Grantee's use, occupation or enjoyment of this easement and the operation, maintenance and repair of Grantee's electrical system. Executed and delivered this day of 1, 19 CITY OF MERIDIAN (SIGNATURE) ROBERT D. CORRIE, MAYOR STATE OF _ } ) ss. County of } On this day of 19 , before me, V a Notary Public, personally appeared and , and, to me personally known, who being duly sworn, did say that they are respectively, the President and the of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. Notary Public, residing at Commission expires , 19 (Notarial Seal) WO# 42-317-422 t North WE Customer CITY OF MERIDIAN Sect* work Order Number: Name: tion: .� 34 E County ...�. ADA Township:. 4N 423174 2 Ran ge:.� 1 W -Date: D3�27�97 h�eridian: , 8W "� to: Wayne Crookston cc: Gary S., File from: Brad Watson, E.I.T. A-00) re: NMID License Agreement Addendum at Crossing of Eight Mile Lateral for Utilities to Future Clubhouse date: April 3, 1997 Please review the attached addendum to the existing License Agreement with Nampa & Meridian Irrigation District. The existing agreement allowed the City to install two culverts in Eight Mile Lateral with irrigation pipe crossing beneath them. This addendum will allow the City to install conduits under the lateral prior to water entering it so that utility service can be provided to the new clubhouse which Wally Lovan expects to be completed prior to water leaving the lateral in the fall. I will ask Gary to present this at the April 15 Council meeting. from the desk oL Brad Watson, E.E.T. Assistant City Engineer City of Merdian 33 East Idaho Arne. Meridian, Idaho 83642 887-2211 Fax: 887-1297 t RINGERT 4&CLARK CHARTERED Laura E. Burri LAWYERS Jeffrey R. Christenson D. Blair Clark Michael J. Doolittle Patrick D. Furey David Harnmerquist Joseo B. Jones April 2 1997 James P. Kaufman James G. Reid William F. Ringert Brad Watson Assistant City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83542 PR 3 10-,'7 IP Daniel V. Steenson Allyn L. Sweeney Samuel Kaufrnan (I 921-19W) Re: Addendum to License Agreement with Nampa & Meridian Irrigation District - City of Meridian's crossing the Eightmile Lateral with conduits for utility lines Dear Brad, Enclosed are duplicate originals of the above -referenced addendum to license agreement which you requested. Both originals of the Addendum must be signed and notarized as indicated. Do not date the Addendum. Please return both originals of the Addendum to me after they are signed. If they are returned to me by April 9th, I will be able to submit them to the District's Board of Directors for approval and signature at the Board's next meeting on April 15th, 1997. I will return one original to you, and the District -will have its original recorded. - Please contact me if you have any questions. Yours very truly, Daniel V. Steenson Enclosures 455 South Third Street t P.O. Box 2773 ♦ Boise, Idaho 83701 * 2081342-4591 FAX 342-4557 ADDEND T EN E AGREEMB ADDENDUM TO LICENSE AGREEMENT, made and entered into this day of 1997, by and. between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (District), and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (Licensee), is made with reference to the following facts: The parties hereto entered into a certain License Agreement dated October 15, 1996, recorded November 22, 1996 as Instrument No. 96096586, Records of Ada County, Idaho. The purpose of the License Agreement is to permit the Licensee to install culverts in portions of the Eightmile Lateral and cross under portions of --the Eightmile Lateral with irrigation pipelines and pond pipelines within Cherry Lane Golf Course located at the intersection of Cherry Lane and Black Cat Road in Meridian, Ada County, Idaho. The Licensee now seeks the District's permission to cross under the Eightmile Lateral with conduits for future installation of utility lines for water, sewer, power, gas, communication and cable TV. Execution of this addendum in accordance with these facts will affect or change the terms of said License Agreement. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the License Agreement referred to above naming the parties hereto as parties, the parties agree as follows: ADDENDUM TO LICENSE AGREEMENT - Page 1 1. The Licensee is hereby authorized to cross under the Eightmile Lateral with conduits for future installation of utility Y lines for water, sewer, power, gas., communication and cable Tv. Licensee is authorized to install in said conduits only those utility lines which Licensee will operate, and maintain. 2. Construction shall be in accordance with certain plans consisting of one sheet: sheet 2 entitled "Chry Ln Golf Course Utility Crossings of Eightmile Lateral to Clubhouse," dated March 25f 1997. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are incorporated herein by this reference. 3. District's execution of this addendum does not authorize the installation of any utility lines which Licensee will not operate and maintain. Authorization for such installation must be obtained by the utility company or other entity which will install, operate, and maintain -them through execution of a license agreement with the District. 4. Licensee shall place no structures or landscaping of any kind within the District's easement area except as referred to in this addendum or in the License Agreement. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising from the construction, installation, operation, and maintenance of the conduits and any utility lines Licensee installs in the conduits. 6. Construction shall be completed not later than April 30, 1997. Time is of the essence. ADDENDUM TO LICENSE AGREEMENT -- Page 2 7. The License Agreement between the parties is hereby of f firmed and shall remain in full f orce and of f ect except as modified by this addendum. 8. The Licensee agrees to pay reasonable attorney fees for preparation of this addendum. 5. The covenants, conditions and agreements contained herein and in said License Agreement shall constitute covenants to run with, and running with, all of the lands of the Licensee described in Exhibit A to the License Agreement, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and The City of Meridian have hereunto subscribed their names as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT 0 Its President ATTEST: Its Secretary ADDENDUM To LICENSE AGREEMENT - Page 3 ATTEST: THE CITY OF MERIDIAN Robert D. Corrie - Mayor William G. Berg, Jr. - Clerk STATE OF IDAHO ) ss: County of Canyon On thisday of 1996, before me, the undersigned, a Notary Public in and for said State,, personally appeared and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of f ixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Nampa, Idaho My_ Commission Expires: STATE of IDAHO } } ss: County of Ada } On thi s day of , 19 9 6 , before me,, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires : _ ADDENDUM TO LICENSE AGREEMENT -- Page 4 Idaho CH2MHILL March 12,1997 139425-WW.ME Mr. Gary Smith, P.E. City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 Dear Gary: f CH2M HILL i 700 Clearwater Lane Boise, ID 83712-7708 Mailing address: P.O. Box 8748 Boise, ID 83707-2748 Tel 208.345.5310 Fax 208-345.5315 RECEIVED MAR 1 3 1997 NMOIAN CITY ENOWEER �,::. Subject: aN m r s w p ��.. w r ..,�� .. ti ....,,..a ,.,- .,.. ,. .,., ....., ..:. „ . ...... , .•..,.�::.. ::......,, c .�•�� ...x^.<;:: ..✓.:.:.. .i �,. .,, iii`::,: �,,., Bch' w The following is our proposal to provide the City of Meridian (City) with engineering services for the design of a new 2 -million gallon reservoir and pumping facility as outlined in the City's 1995 Water Master Plan. The new reservoir will provide the City with additional peaking, fire flow, and emergency storage. The new reservoir and pumping facility will also allow the City the flexibility to remove the existing elevated steel reservoir from service for maintenance. The proposed facility will be located northwest of the intersection of Ustick Road and Meridian Road. The site is currently owned by the City and is planned as a future City park. At this time CH2M HILL anticipates a partially buried, prestressed concrete reservoir and a combined pumping facility that includes a production well to fill the reservoir and multiple booster pumps to feed the distribution system. We are assuming that drilling and developing a new production well will be done by others. Siting of the production well will need to be established during the predesign of the reservoir and pumping facility and coordinated with any preliminary park design concepts. Our proposed scope of work includes site survey and mapping, geotechnical engineering, preliminary design and final design for the reservoir and pumping facility, and preparing an opinion of construction cost. Details of our scope are included in the enclosed contract. n�w Our proposal is based on providing these design services for a lump sum fee o outlined in the enclosed contract. In preparing our proposal we have develope a preliminary schedule. If CH2M HILL receives a notice to proceed with design with a start date of March 17, 1997, the project schedule is as follows: Mr. Gary Smith, P.E. Page 2 March 12,1997 139425.WW.ME Preliminary Project Schedule ActiyiW/Milestones Duration Date Notice to Proceed March 17,1997 Preliminary Design 4 weeks April 21,1997 Preliminary Design Review April 21,1997 Final Design 6 weeks May 26,1997 90 Percent Review Document May 26,1997 Design Review and Fixup 4 weeks June 25, 1997 Advertise and Bid Period 4 weeks July 16,1997 Bid Opening July 17,1997 Award 2 weeks July 31, 1997 Construction 36 weeks April 10,1998 This schedule is based on the assumption that the size and location of a production well can be established based on previous experience in developing groundwater supply wells in the City. If desired, the City could drill a test well at the site following the predesign and wait for final design until results of the pump testing are known. Assuming the City is able to drill a test well soon after the predesign is completed, the new facility should be available prior to the 1998 water season. We are prepared to begin the project upon receiving notice to proceed. If our proposal is acceptable please sign the two copies of the enclosed contract and return one signed copy to our office. Sincerely, CH2M HILL John Wiskus, P.E. roject Manager David Bennion Vice President/Area Manager 801970710002. DOC I d Ib Enclosures AGI. �'' O ...HENT BETWEEN CLIENT AND ARS aECTS FOR PROFESSIONAL SERVICES ZGA Project No. 9713.00 THIS AGREEMENT entered into this ninthdav of . - April 1997 , _ The„ City of Meridian (the CLIENT) and ZGA ARCHITECTS AND PLANNERS, Chartered, andIdaho Corporation of Boise Idaho w (the ARCHITECTS). VVITNESSETH: WBEREASI, the CLIENT intends to retain the services of ZGA Architects and Piann hartered to imm a REQUM and space need for the Ei of Meridian as described in the Reauest for s dated 6 March 1997 hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and the ARCHITECTS in consideration of their mutual covenants herein agree in respect to the performance of professional architectural services by the ARCHITECTS and the payment for those services by the CLIENT, as set forth below. CLIENT INFORMATION: The CLIENT wift furnish to the ARQHITECTS full informationrements far the rc�ardin�,.r+eclui Protect including ob'ectiv constrain and-criteriaand-cn*ten'a includin wrem nts and relationshi flexibili g2MdabililL etc SERVICES TO BE PERFORMED BY THE ARCHITECTS The ARCHITECTS will mvide ro and ce need anal 's services as outlined in the Activi lI'ask SgpmWLsheet attached as Exhibit `A' SCHEDULE OF SERVICES TO BE PERFORMED The ARCHITECTS will perform said services as follows: _. cervices shall be performed ^ as expeditiously as is consistent with professional skill and care and orderly ra of the work. Services are anticipated to begin on or before I5 A ril 1997 and completed on or before 5 Au 1997. See attached Exhibit `B'. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will pay the ARCHITECTS for their services and expenses as follows: A sti ulated fixed fee of Nineteen Thousand Seven Hundred Ei h Dollars 19 784. See attached Exhibit `C'. File Folder Title Meridian Cily Hall Space Anal 's - Remarks M - IN WITNESS WHEREOF; the parties have executed this Agreement as of the day and year first above written.. CLIENT: ARCHITECTS: City of Meridian Name 33 Fast Idaho Street Meridian Idaho 83642 city State Zip Signature Robert D. Corrie Manor Title Signature William G. Berg, Jr. - -.--- City Clerk Title THE FGLLGG RMS AND CONDITIONS ARE PART OF THIS AGREEMENT City of Meridian Programming and Space Need Analysis Activity/Task Summary I. Architect Selection/Contract II. General Mobilization A. Overall Project Set-up and Organization B. Work Pian and Schedule III. Pro A. Pre-Programmmg Activities 1. Confirm scope of programming services required.. 2. Clarify and/or establish Owner's user group/department structure. Identify . points of contact. 3. Kick-off meeting. User group/department orientation Ci.e. programming process, schedule of activities, participant commitment,. reporting and documentation procedures, etc.) B. User Group/Department Interviews and Needs Analysis (Concurrent with Factual Analysis Activities) 1. Interview the key decision makers - 14 groups. (i.e. operational considerations, expectations, preconceptions, quantify space requirements, determine functional Mies, equipment needs, staffing projections, etc.) 2. - Review, consolidate and organize interview input. C. Factual Analysis (Cona=ent with User/Department Interviews) 1. Existing facilities analysis O.e. size, type, age, functional . assignments/relationships, architechmWengineering systems status, codelzoning compliance, reassignment potential, site area used, parking and open space options4imits, serviceability, maintenance requirements, remodel/expansion potential, etc.) D. Program Draft #I 1. Document program data gathered to date 2. Report Format GOALS -- Statements of goals and objectives as established and refined from the uutial review process. FANS - 'Written descriptions of the factual information identified to date. : NEEDS- Tabulations of space projections as developed from interview data. 11 EXHIBIT A., CONCEPTS - Diagrams, written descriptions of abstract ideas intended as functional solutions to performance problems. BUDGET ANALYSIS - Develop "order of magnitude" cost estimates as rewired. PROBLEM STATEMENTS - Succinct statements which document the salient issues describing the problems. OUTSTANDING ISSUES - A listing of those issues which remain undefined and require special attention by the programming team to achieve closure 3. Presentation of Program Drag E. Program Validation Brat #2 1. Incorporate ideas and comments from draft #I review. 2. Reconcile needs projections with budget limitations. 3. Develop a space program including area and configuration requirements, accessladj acency requirements, security/safety requirements, etc. F. Final Draft Review 1. Incorporate f not comments/changes. 2. S program requirements. 3. Print and distribute G. Final Program Presentation MIN its db mom ab Ah FEE PROPOSAL ZGA Architects and Planners, Chartered understands that the project consists of services to identify and assess the current and future space needs of the following City departments: Mayor &City Council City Clerk City Treasurer Police Department Fire Department City Engineer Drivers License Department Water Department Waste Water Treatment Plant Building Inspection Department Planning &Zoning Department City Attorney Parks Department County. Assessor It is. our understanding that our services will begin on' -or before 15 April 1997 and must be - completed on or before 5 August 1997. ZGA proposes to provide the services outlined in the Progranuning and Space Need Analysis . Activity/Task Summary for a fixed fee of Eighteen Thousand Two Hundred Eighty Dollars ($18,280.00). Reimbursable expenses, including twenty (20) copies of the final program document for the City's use, would be an additional fixed fee of One Thousand Five Hundred Dollars ($1,500.00). Total contract service fees including reimbursables would be Nineteen Thousand Seven Hundred and Eighty Dollars ($19,780.00). Our services are invoiced on a monthly basis with payment in fuffl required within thirty (30) days following the invoice date. Any unpaid balance shall bear interest form the date payment is due at a rate of .1-1I2 % per month (18% per annum). Late payments apply to interest first then principle. o . - .EXHIBIT C � 17Z RECEIV ti APR 15 1997 CMPLI E IM r 2,0 e -le �E �> a.O�AE,7 ' frN .zsf 9 a-/NTz2, LTJ-�D,eb �'� b�,svisio N a� J o9 V1QV !i �r � IIA f,��.�T+•00 _ 3 o !z ,6ir•o� oo•� 3 V3NIWI IIA „ i s OZ-oo u; _ • 4. . c La L� 10 &nZ 3 U Q � �1-- ODi; crag F— z W ' Va wit c oin K, 00 D i�_lz � FRS C3 in WSW, '� � .t•, � •irR iii • J]lk . t � tl7 to Ld �'.,• �.. '� y� i. r ,' Vy r LU iAJ 'a Y •�k a; �! I 'r Y�•'� �. iM � �ti: .} ..• iii YI •� Iri 1 '�r• ,.ori •7.� 7F' �'#. 4+.i• • i+ Ci N C5r k til � .} r � w •��f. ' •'r. 7• a :r• • �. Sr _ • 4. . c La L� 10 &nZ 3 U Q � �1-- ODi; crag F— z W ' Va wit c oin K, 00 D i�_lz � FRS C3 in WSW, '� � .t•, � •irR iii • J]lk . t � tl7 to Ld �'.,• �.. '� y� i. r ,' Vy r LU iAJ 'a Y •�k a; �! I 'r Y�•'� �. iM � �ti: .} ..• iii YI •� Iri 1 '�r• ,.ori •7.� 7F' �'#. 4+.i• • i+ Ci N C5r k til � .} r � w •��f. April 1, 1997 � Page 69 1r. � Morrow. What is the seat number for Greg? Corrie: Seat 3 Q,T . B Berg: I don't know what the seat number for this is but would it be a better idea to appoint this at the next meeting so that Greg (Inaudible). Corrie: Well Greg is going to attend anyway, I told Byron that he wouldn't start until May. Berg: I know but what I - am saying is if you appoint somebody to -do this seat the seat isn't vacated until after the gin Crookston: You can appoint him as of a certain date. d - Corrie: May the 13th. ���7--_J 1-7 '.�, O .��aG7� �C Morrow. Mr. Mayor, I would move that we ap oint Byron Smith to sea 3 to fill the vacancy of Greg Oslund effective date of appointment would be May 131h Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley Rountree: Just a point of clarification and I think it is probably understood in the motion but it is to serve the duration of that seat. Corrie: That is correct yes, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: That is all I have at this point. (Discussion Inaudible) Corrie: I will entertain a motion that we adjourn. Bentley: So moved Tolsma: Second Corrie: Motion made and seconded, all those in favor'? Opposed? MOTION CARRIED: All Yea