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.
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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?
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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.
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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
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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
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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{*
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OF OTC
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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
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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,
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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
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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 ��..
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.. 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
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RECEIV
ti APR 15 1997
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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