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HomeMy WebLinkAbout1997 02-18MERIDIAN CITY COUNCIL AGENDA TUESDAY, FEBRUARY 1$, 1997 - 7:3D P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 4, 1997: (APPROVED) PROCLAMATION: FFA WEEK: 1. CHARLES TRAINER, APA: DISCUSSION OF LIGHT RAIL SYSTEM: 2. TABLED NOVEMBER 19, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: (TABLED ItNTIL MARCH 4, 1997) 3. TABLED FEBRUARY 4,1997: CC&R'S FOR TR~UTNER BUSINESS PARK BY J I M BALLANTYN E: STABLED U NTIL MARCH 4, ~ 991 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: (ADOPT AMENDED FINDINGS; DENIED) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAVV FOR CONDITIONAL USE PERMIT FOR A CHEVRON C~STORE, MCDONALD'S WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC; 4DENIED~ 6. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT: (APPROVE AMENDED FINDINGS; APPROVE DECISION) 7. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT; TABLED FEBRUARY 4, 1997: (APPROVED WITH CONDITIONS OF CONDITIONAL USE PERMIT) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY: (CITY ATTORNEY TO PREPARE NEW FINDINGS OF FACT AND CONCLUSIONS OF LAW) 9. FINAL PLAT: LAS ALAMIT~S NU. 3 SUBDIVISION, 58 LOTS EAST OF LOS ALAMITOS NO. ~, BY FARUVEST DEVELOPERS: ~APPR~VED WITH CONDITIONS) 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: (APPROVED FINDINGS; APPROVE DECISION) 11. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER FOR 12+ CHILDREN BY RAYMOND CHACE: (APPROVE MODIFIED FINDINGS; APPROVE DECISION) 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: ( APPROVE FINDINGS; APPROVE DECISION) 13. REQUEST FOR A CONDITIONAL USE PERMIT FORA 2,800 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE THRU WINDOW BY JACK IN THE BOX: (APPROVE FINDINGS; APPROVE DECISION) 14. MARTY GOLDSMITH: CONTINUED DISCUSSION OF SALMON RAPIDS SUBDIVISION: (TABLED TO MARCH 4, 1997) 15. INTERSTATE CENTER: DEVELOPMENT AGREEMENT, CC&R'S, AND NON-DEVELOPMENT AGREEMENT: (APPROVE SUBJECT TO CITY ATTORNEY'S APPROVAL) 16. TED CUNNINHAM: REQUEST FOR HOOK UP TO CITY SEWER AT 125 BLUE HERON LANE: (TABLED TO MARCH 4, 1997) ~ 7. DEPARTMENT REPGRTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS FOR AWARD OF CONTRACT FOR CLEANING AND T.V. INSPECTION OF SEWER SYSTEM: (APPROVE BID FROM MUNICIPAL SERVICE CO.) 2. CITY WELL NO. 17: BYPASS DISCHARGE PIPING (LOS ALAMITOS SUBDIVISION): (APPROVED LICENSE AGREEMENT WITH NAMPA MERIDIAN IRRIGATION) 3. WATER DEPARTMENT TO MOVE TO BSU WEST CAMPUS SITE: B. WILL BERG, CITY CLERK: 1. AGREEMENTS FOR 1995 FY & 1996 FY AUDIT: (APPROVED) 2. MINUTES OF SPECIAL JOINT MEETINGS WITH ADA COUNTY COMMISSIONERS: (APPROVED) C. WALTMGRRCI~1, CITYCGUNCILMAN: ~. WORKMAN COMP REBATE: 2. STRATEGIC PLANNING MEETING AGENDA: D. GLENN BENTLEY, CITY COUNCILMAN ~. DAVE HANSON PRESENTATION ON REC. CENTER MODEL: E. MAYOR ROBERT D. CORRIE: 1. APA AGREEMENT -AMENDMENT TO ARTICLES: (APPROVED) 2. MEETING WITH ACRD COMMISSIONERS: 18. EXECUTIVE SESSION: l r` MERIDIAN CITY COUNCIL FEBRUARY ~ 8 ~ 991 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Carrie at 1:39 P.M.: MEMBERS PRESENT: Ron Talsma, Charlie Rountree, Glenn Bentley, Walt Marrow: GTHERS PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Chief Gordon, Doug Campbell, I~en Corral, Charles Trainer David Turnbull, Mike Ballantyne, Stephanie Churchman, Becky Bowcutt, Patricia Reed, James Gibson, John Nesmith, Chris Smith, Jonathan Seel, Dave Hanson, Ernie: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 4, 1997: Carrie: Council you have had the minutes of the previous meeting held February 4, ~ 991, are there any corrections or alterations to the minutes? Hearing none I will entertain a motion for approval as written. Rountree: So moved Tolsma: Second Carrie: Motion made by Mr. Rountree, second by Mr. Tolsma to approve the minutes of February 4, ~ 991, any further discussion? All those in favar'~ Opposed? MOTION CARRIED: All Yea PROCLAMATION FOR FFA WEEK: Corrie: Whereas the FFA and agricultural education provide a string foundation far the youth of America and the future of agriculture; and Whereas the FFA promotes premier leadership, personal growth and career success among its members; and Whereas, agricultural education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business and technology of agriculture; and Vl~hereas the FFA motto "Learning to do, doing to learn, earning to live, living to serve" gives direction of purpose to these students who strive to became leaders with a vision; and Whereas the FFA performs the valuable service of encouraging cooperation, promoting good citizenship and inspiring patriotism among its members. Therefore I da hereby designate the week of February 1~ through 22, X991 as FFA Week. Signed Robert D. Carrie, Mayor. Would the representative of the FFA like to come up here and we will give you this inaudible}. FFA Member: We would like to thank you for ail of your support and hope you all went to our FFA appreciation breakfast which was held last Friday morning and we want you to know that you are all invited next year. So if you hear about it come an down. We l Meridian City Council February 18, 1997 Page 3 Amtrak train which runs late at night may not be in existence after midwMay. If it is in existence and its funding is in ~eapardy at this point, it only has funding extended by the Federal government until May even if it stays in existence there is a high probability it will be rescheduled auto the main line track. VVe cannot use the main line track far this vehicle. It is not certified by the Federal rail administration. This vehicle by Seamans were to get into a collision with a real train the real train would came off the winner by far. In addition Union Pacific does not want to interfere with their freight service which is their bread and butter. However, they are more than willing to consider rescheduling of the freight service. I would like to express appreciation. I missed a beat here, to Mayor Carrie who early an met with some other Mayors from the area including mayor Gherring of Nampa and Mayor Coles to meet with the Union Pacific people and ask them what they would be willing to do. They were very forthcoming in offering to reschedule the freight service. That cut off is an the block or will be this year according to Union Pacific officials that Mayor Carrie and others met with in early January. VVe don't know what the Price is, we have sent a letter to Union Pacific asking that negotiations start. Their strong advice is that public sector, local governments at least get an interest an that Boise cut off to prevent, protect the future possibility of using that track far passenger service or possibly for bike ways or utilities. The vehicle itself, there is only one in the country on tour, we are not looking at baying that vehicle. With one vehicle we do have one limitation that we can only have service about every 2 hours. I timed the track speed and from ~ fit" and Garrity in Nampa to Gowen Road would take 3B minutes one way, That is not taunting in this time at the stations or acceleration and deceleration. Sa it would be about an hour to get from that station in Nampa to Gowen Road. There is no competing vehicle, we have already had letters in the paper why aren't we buying American. There is na American firm making a vehicle like this and hasn't been. Gn the other hand if we ever did get to the paint of buying it the Seamans Corporation has a manufacturing plant in California. That is where they wauid manufacture any vehicle sold in North America. Vile have also been asked if we could rebuild existing equipment. That certainly is an option, however it is not necessarily a cheap option. Anything we put in service would have to be accessible to persons with disabilities, wheelchair lifts such as that. Dallas has recently had a rather unpleasant experience in rebuilding same equipment and ended up paying perhaps mare than they would have spent on buying new equipment. Vile are looking at a number of issues, operating issues, who would operate this equipment, VVe certainly want to contract out to the private sector wherever passible. If we could higher drivers from Union Pacific so be it. If we can higher maintenance or contract far maintenance far MK rail that would be our ideal. Vile still need a public entity that wauid be the fiscal agent far this project. Take aver the liability and basically handle the contracting. That is something that we are looking at now, There are 32 crossings in Ada County, that is going to be a real issue, it controls the speed it also effects safety. Very preliminary evaluation by ITD indicates that with a train operating every two hours all the crossings in Ada County would need warrants far gates and we only have 3 gated crossings now in Ada County. Those gates cast somewhere around ~~DD,DDD. An option for a three month demonstration wauid certainly be the use of flaggers. As ideal as gates may be I ~. Meridian City Council February 18, 1997 Page 2 thank you for all of your support you have given us throughout the year. 1Ne really appreciate it. Marrow: Thanks it was a great breakfast. ITEM #1: CHARLES TRAINER - APA: DISCUSSION OF LIGHT RAIL SYSTEM: Trainer: Thank you Mayor and members of Council. My name is Charles Trainer ! am with Ada Planning Association, 4~ 3 west Idaho, Boise, 83~D2, I was invited- tonight to talk a little bit about the rail demonstration project under consideration. I will try to keep my remarks as brief as possible, I know you have a long night tonight. First of all, certainly it is convenient having the painting behind you on the wall because the first item l have vn my agenda is a little synopsis of the rail in the valley. certainly this community was one of the first west of the Mississippi to have an electrified rail system in existence until t 9~$. Interesting enough the painting also shows cars present, we figure that the ridership peaked probably around ~ 9~ 5 which is about contemporary with that painting. ~ 9~ o there were only 3Da cars in the valley and about 70D people per registered vehicle are in Ada County. By 193D there were ~ D,DDD cars. So growth in the area, growth and traffic as caused a resurgence in interest in rail. we are aware that the freeway is reaching certainly an unpleasant level of service for a lot of commuters. Gutside of continuing to widen roadways at some point we need to begin looking at some alternatives. And I appreciate Meridian has had a long standing interest in the rail corridor. We have a large citizen interest in the alternative transportation. At every meeting since I have been here about ~D years f have been hit up by somebody that says why aren't you looking at rail transportation. Gur plans have historically said it is not appropriate given the high capital cast. Looking at somewhere around $~ D to $~ 5 million for light rail system. A Iot of people go to Portland and see the system and came back very enthusiastic. UVe tell them that initial segment of rail cast Portland ~3aD million. So up until last year we were on pretty safe ground saying that rail system was out afi the market. At that point a German manufacturer had developed a new rail system, a vehicle that is shown up here on the screen called inaudible} it is basically a self propelled vehicle. Unlike the vehicle in your painting it doesn't need an outside electrical source for power. It has a diesel engine located one at each end of the vehicle. It travels at speeds of approximately 6o miles an hour maximum. It carries 75 people seated and another room far another ~ D4 standing, It also has onboard bicycle racks and it is about lD°~o low floor vehicle. Vvhich means you can have fairly Iow platforms as very accessible far persons in wheelchairs or the elderly. Gne driver can operate four of these vehicles hooked together. So ultimately if you had a lot of ridership on your system you could haul a lot of people with no more labor. Gf course one of the things that makes this work is really the availability of the track. This material is shown in the handouts I provided to UVill Berg and hopefully you have them in front of you. The track of Boise cut ofif starts in Nampa, goes all the way to the old town site of Grchard. That cut off is very ideal for the purpose in the sense it has very limited freight service and the only other service using it is the Amtrak. The 4 IVleridian City Council February 18, ~99~ Page 4 don't see that we are going to be spending to build gates for a three month demonstration. But certainly we would ultimately like to see gates because it is the best way to increase the operating speed. if we could put in gates throughout the system we could run that train at maximum speed along the track. Vile are also looking at station improvements. And far the sake of this demanstratian we are looking at bare bones for a three month demanstratian. Basically a wooden box, with a reusable shelter mounted an tap, it just has t~ come to about 3 inches below the floor of the car to allow that lift to came out ar ramp to came out of the vehicle. vile will have to obviously meet the safety criteria in Americans with disabilities have railing ramps and things like that. And because it will be something that is operating in the night time at least up until about 8:30 we probably want some kind of light an it so that people can see what they are getting into. Another issue that is going to be is we are going to have to have same sort of park and ride, we would like to find station sites wherever passible. vUhere we have existing parking we could lease. C~bviausly we are going to need some sort of pathway or sidewalk to connect to those park and ride facilities and we also would like to have sidewalks connecting the station to existing street system. Another issue we are going to be looking to in the stations is some sort of shuttles to and from unless the people are sa fortunate as to basically get off the train and have their destination within an easy walk distance which isn't going to be most locations. Vile are going to have to have some sort of shuttle system to their ultimate destination. Uherever possible, what we are going to hope is to work with the private sector companies and say if you have employees you would like to use this system would you be willing to put an a shuttle to that station and tie in that shuttle to pick up your employees and drop them off. Again where we da spend public dollars we would like to contract with the private sector. People like the guy who runs the commuters bus, Gary Sprague out of Caldwell, Vve do not want to adversely affect any existing transportation provider. Financing is going to be a real major issue far this demonstration. Right now we have about $200,OOD committed or earmarked to this project. vVe know we are going to need mare. Vve are looking at public sources, certainly federal demonstration funds are a passibility. And we will be approaching the federal agencies and our legislators. Not only for the demonstration but also far the long term preservation of this corridor when Union Pacific puts it on the block. So just a quick recap, this study is to look at the feasibility of a rail system. Early on in the discussions the Mayors who were present were asked would you rather spend your money an doing the demonstration or would you rather spend your money studying the feasibility of a demonstration. The answer was pretty much unanimous we would rather spend the money doing something than just studying it. But still we are trying to do this on the cheap as much as possible. Sa far we haven't laid out much beside staff time an this project. vile will need to start spending some money an some environmental studies and same engineering studies. But so far we are trying to take a ga slow attitude towards this. This is very much in keeping with what we have seen in the paper bath the Press Tribune and the Statesman have said da it carefully and da it slowly don't rush into anything and that is what we are trying. Sa with that I would like to close it and open up to any questions. Meridian City Council February ~ 8, ~ 9g7 Page ~ Rountree. Charles, da you have just a ball park figure on the cost? Trainer: A capital cost? Not at this point, one of the big issues of course is the unknown quantity of the crossing improvements. The station cost I think we can do fairly cheaply, certainly looking at $5Q,~gg ar so for building all of these. Then it depends on what we can get in terms of leasing ar free use of parking Iots. operating casts, I have heard somewhere in the vicinity of $~g~,g4D a month but I haven't priced that myself. That would be I think a high end cost for this. But it is something that we need to be looking at. Part of the issue that we have to consider is a service once every ~ hours really good enough to be a test. Corrie: Any furkher questions from Council? Morrow: So the purpose of the demonstration then are we going to be able to develop enough information from this to accurately forecast what the long term cost, the start up cast of the project would be and then the monthly operating cast should something be decided in that. Would this demonstration accomplish those goals? Trainer: I think so, certainly if we put on a train every two hours and we hear feedback from people that say that is not good enough you need something that runs every ~a minutes that will give us information to forecast what it would cost to put an a full blown system. I am working on these casts now in terms of the operating. one of the other unknowns is can we, do we have if we went through Union Pacific we would have to pay their union scale and they are paying their operators something in the vicinity of $7'O,gO~ to $8g,a44 a year. We would rather not da that if we can avoid it and we are lacking into some ether Qptians including contracting with same ex-MK people who are apparently qualified to operate equipment an the tracks. But if we are leasing from the Union Pacific apparently their union rules prevail. Marrow: okay, so then the goal of this study then will provide us as communities and has taxpayers an amount that by that we would be able to make a decision whether we want to da this ar don't want to do it. And we will have a total end cyst of operating this system. Trainer: Correct Corrie: Other comments or questions? Rountree: Do you have an estimated cap on cost that would be the key this is a go na go demonstration? Trainer: Not at this time. I have been given kind of a mission to proceed on this by my board and sort of flush out the cost as we go. I am hoping that we can get that by same time this Spring, And we have these costs in line and we can lay it out along with the l ti Meridian City Council February ~8,199~ Page 6 conditions put forth by Union pacific and Seamans. At that point I think we will hear from our board from the elected officials does this thing seem to be feasible. Crookston: Just one question, realizing that you da not know what the costs are going to be, do you have any insight at all as to the cost far a ride? Trainer: No we haven't even looked at what the fare would be. One option is to simply make it free and if we people want ride it far free they probably want ride it at any other condition, I think one thing that is safe to say and my experience and the experience across the country is that there is no system that is self supporting. That is true from Portland, Oregon to Portland, Maine and even through Canada. one gentleman in Denver that is looking at a very similar vehicle estimates a per trip cost, they are looking from downtown Denver to the Denver Airport of $~~ per ride is what it would take to break even. That is far a similar length of trip, they are using a one step up vehicle. Crookston: Thank you Corrie: Thank you Charles for your presentation. ITEM #2: TABLED NOVEMBER 19, 1996: FINDINGS 4F FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Counselor, where are we on this? Do we still have some issues? Crookston: Well I am sure that there are. As I remember this was continued at Mr. Turnbulls's request. 1 do not have anything from him subsequently so the findings of fact have not been changed. Crookston: And the variance was related to the irrigation situation and !don't knave where we are with that. Carrie: Staff, nary do you know anything yet? Shari? Stiles: The irrigation committee is still meeting, we have another meeting scheduled for Monday and I don't believe we have came to any conclusions yet. Morrow: Ta bring the Council up to speed we areaways away from having some inaudible} developing information back from Nampa Meridian in terms of alternatives. The next step in our Monday meeting we will try to bring that information together and then bring together after we have that put together bring together the legal staff from Nampa Meridian and Meridian City to try and resolve those issues. Then hopefully we Meridian City Council February 18, 1997 Page 7 will have a proposal that will be beneficial to Nampa Meridian and the City of Meridian and the development community. So that is where we are at. Corrie: I guess Mr. Morrow what would you suggest for a table? Morrow: Well I was in hopes that we would see something from David's company asking far a time. Let's table to our first meeting in March ar~d then on our Monday's meeting we can ask him where he wants to go with that. Sa Mr. Mayor I would recommend that we table until March 4, X99?. Rountree: Second Carrie: Motion made by Mr. Morrow second by Mr. Rountree to table this for further discussion until March 4, X997' meeting, any further discussion? All those in favor? apposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 4, 1997: CC&R'S FOR TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: Mr. Ballantyne, Mike? Ballantyne; I basically would be glad to entertain any questions ar concerns regarding the CC&R's. Crookston: I was in the process of reviewing #hase this afternoon and this evening and have not finaled that review. Morrow: That being the case, obviously we can't review them because we haven't seen them. Crookston: You don't have copies at all? Cflrrie: I don't, you have gat everything we have. Morrow: ~Inaudibie~ Mr. Mayor, Shari has a comment. Stiles: Mr. Mayor and Council, I believe because of the thickness of that document that Anna did not give all ofi the Councilman a copy. It might be better ifi you could look at the one that is in the file, I guess if you all prefer to have your own copy that is fine but it is a lengthy document. Ballantyne: I could dust recite if we have a couple of days. {,, (`, Meridian City Council February ~ $, '~9~~ Page S Marrow: That being the case Mr, Mayar ~ would move that we table until March ~ pending review by Counselor and individual review by each councilman after we have received the written review from Attorney Crookston. Bentley: Second Corrie: Matian made by Mr. Morrow, second by Mr. Bentley, to table the CC&R's far the business parr until March 4 far review by the counselor and the City Council, any further discussion? Al! those in favor? ~ppased? MOTIQN CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: Corrie: Council you have the findings of fact and conclusions of law. Rountree: I have a couple of minor corrections I would like to suggest. an page ~ B, item ~ 7, paragraph 2, third line reads "at this point he was not included to support the application" included should be changed to inclined. And an page 3~, it is up to the Council whether they want my name an that page or not, but everybody else is there. Carrie: VUe will see that inaudible}Any further corrections ar comments? Marrow: Mr. Mayor, I would move that adapt the amended findings of fact and conclusions. Rountree: Second Carrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions as changed, roll calf vote. RILL CALL VOTE: Marrow -Yea, Bentley -Yea, Rountree -Yea, Talsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayar, the Meridian City Council hereby decides that based on the findings of fact and conclusions of law above adopted that the annexation application is denied. Rountree: Second Meridian City Council February 18, 1997 Page 9 Corrie: Motion made by Mr. Marrow, second by Mr. Rountree on the decision to deny the anne~cation application, any further discussion? All those in favor? apposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: Corrie: I believe that is now moot is that correct? Crookston: That is correct. Corrie: we will need a oration. Bentley: Mr. Mayor, I would move that we drop the findings of fact and conclusions of law for conditional use permit for the Chevron C-Store and McDanalds. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Illlr. Rountree to drop findings of fact and conclusions of law for conditional use permit for a Chevron C~Store, McDanalds drive through and a hotel by Eagle Partners LLC, any further discussion? Hearing none, all those in favor? apposed? M~TI~N CARRIED: All Yea Corrie: Before I go onto to Item G, I would like to welcome Scout Troop #5 for coming in tonight and observing the Council meeting. So welcome fellows, we appreciate it. ITEM #6: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Corrie: Council you have those findings in front of you, any questions or comments or changes? Rountree: Mr. Mayor, on page 14, item 1 ~, third line, "the City to" the word to should be deleted. ~n the si~cth line, "the numbers show that the" the word the should be deleted an substitute the word project. The following line, "but he questioned whether" and the phrase should be inserted the project met the intent of open space. Corrie: Thank you Charlie. Any further corrections? f, . t Meridian City Council February ~ 8, ~ g9? Page ~ 0 Morrow: Mr. Mayar, I would move that we adopt and approve the findings of fact and conclusions of law as corrected. Rountree; Second Carrie: Motion made by Mr. Marrow, second by Mr. Rountree to adapt the findings of fact and conclusions of law as amended, roll tail vote. RILL CALL VUTE: Marrow -Yea, Bentley -Yea, Rountree w Yea, Talsma -Yea MOTION CARRIED: All Yea Carrie: Entertain a motion on the decision. Marrow: Mr. Mayar, the Meridian City councii hereby approves and grants this conditional use application far a planned unit development under the conditions stated above in these findings of fact and conclusions of faw. This approval is subject to ail City ordinances, accept that is allowed not to be met as stated herein. But specifically including design review and plan approval under the procedures of the subdivision and development ordinance. Rountree: Second Carrie: Motion made by Mr. Marrow, second by Mr. Rountree on the decision motion, any further discussion? Ali those in favor? apposed? MC~TIC~N CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT; TABLED FEBRUARY 4, 1997: Corrie: Vllauld a member of the Steiner Corporation like to give us your view an the preliminary plat. Bradbury: I don't have anything to add to what has been discussed at the fast couple of meetings. If anybody has any specific questions I would be happy to respond to those. Currie: Thank you. Morrow: Mr. Mayar, I have a question with respect to and maybe nary ar Shari can answer this as a quick overview ire terms of the preliminary plat that we have before us. Does it meet what we have just adopted in terms of the findings of fact and conclusions r 4 Meridian City Council February 18, ~ 997 Page 9 ~ of law. Have either one of you reviewed it Pram that standpoint to see that the two are in compliance with each other? Stiles: Councilman Marrow, Mayor and Council, I haven't specifically looked at these findings and checked whether it matched those requirements. I don't think there will be a problem with them making it does make sure it meets those requirements. But l couldn't tell you right nowwhether it did or nat. Smith: Same comment for me. Morrow: That being the case Mr. Mayor, I would like to move to approve the preliminary plat for the Lake at Cherry Lane Na. 7 by Steiner Development subject to compliance of that plat with the just adopted findings of fact and conclusions of law for the Lake at Cherry Lane No. 7. Talsma: Second Carrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary plat according to the motion, any furkher discussion? All those in favor? apposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY: Carrie: Council you have the findings of facts and conclusions of law `rn front of you, any corrections, additions or alterations? Carrie: Stephanie would you like to make a camment7 Churchman: Mr. Mayor and Council, I have a correction, actually I don't know if that is proper or not. But I found fault in the findings of fact. It was my understanding that the Council approved the variance for Builders Masonry Products upon condition that we monitor the outflows and that also that we agree to connect to the City water in the future at a future time. That the variance wasn't denied out right. That was just my understanding and I need clarification an that, Carrie: 1 think Stephanie what the Council had meeting with Counselor and what they have put an the findings of fact and conclusions is based upon what they have came up and what they feel from the public testimony. So, I guess what they have gat down here is what will have to be. Unless there is any comment from Council, Mr. Rountree? Rountree: we haven't yet acted on them. But my understanding was that the sewer hook up was not a variance issue anyway and the metering of that is again not a ~.. Meridian C ity Counei I February ~~, ~9g7 Page ~~ variance issue, but that is a condition of hooking up to the sewer. As far as the water hookup my understanding was that and you concurred that at a future date when water was extended down Franklin you would then extend which may happen in the very near future. Having said that I still think that there is no need far a variance. I suppose it is a matter of timing and l throw that out far discussion. You will have to extend the water line at a future date. Churchman: Correct, I guess my question was and I called Counsel today just to clarify if we could ga ahead and hook up to sewer now and at a future date go ahead to hook up to City water. And my understanding was that it was denied out right that we were not allowed to hook up to the sewer system at this time period unless we hooked up to the City water right away. So I guess l need clarification an that. Morrow; Mr. Mayor, if 1 might, I think that what we were discussing when we were asked far in terms of the variance was that you wished to have a variance from the requirement of taking the water to and through your property. I Pike Mr. Rountree did not see that there was any conflict in terms of the sewer line subject to the monitoring conditions and all of those things that we discussed two weeks ago. It seems to me that and the other issues that we discussed with respect to the water line at this juncture I don't really see that a variance does much good because in the short term you are going to be totally surrounded by projects and we kind of talked about it, it is going to be a matter of months before this is going to take place anyway, From my perspective what I am seeing of these findings ar~d the counselor can correct me is that we are simply dealing with the variance of the to and through because it doesn't have enough time to apply, We currently within the system have the property across the street that we had discussed and I did ga look at it, it is directly across the street from you guys. And then also we talked about the property on the east side that has worked its way through part of the process already. So in a matter of a few months you are going to be totally surrounded and carry it through. So I don't see any point in doing the variance because it is going to have a real short life. So, from my perspective what we are doing is we are denying the variance of the to and through and let you deal with that issue with your ca-developers that are on the east side and the south side of you and maybe jointly have an effort there. The second issue is that the sewer thing is worked out with the City public works department. Now that is as I saw this. I would ask Wayne and Gary in case I have seen it incorrectly. Crookston: Mr. Mayor and Councilmen, I drew these on the basis that it was my understanding that it was a fatal deny of the variance request and I certainly have to acknowledge that there was discussion about them hooking up to the water at some time in my discussion today with Mrs. Churchman she mentioned she thought she had the right to hook up to the sewer and I said I wasn't real sure about that. i looked through my notes and read some of the minutes and the minutes are not real clear as to what the Council's decision was. But there was enough comment made during that hearing as to the passibility that they would have to hook up shortly anyway to the Meridian City Council February 18, 1997 Page 13 water and the sewer. That is, why the findings of fac# and conclusions of law come out the way they da. Carrie: Does that answer your question? Churchman: Yes, I guess what I want to know basically is can we hook up to sewer tomorrow and wait two or four months down the line to run our line through when that time Games? Currie: That is what ~ am hearing from Council, Gary? Smith: Mr. Mayor and Councilmen, it was my understanding there wasn't a problem with Builders Masonry connecting to the sewer as far as the City is concerned. They are within the City limits, the sewer is an the other side of Five Mile Creek that is available for their connection assuming they have permission Pram the Corp of Engineers to crass Five Mile Creek. It was my understanding that the issue concerned the ordinance requirement for a property within the city limits that is within 3D0 feet of a sewer or water line to connect, that is a requirement by the ordinance to connect. That was my understanding of why the variance was being requested for not connecting to the water line. As part of that discussion then the extension of the water line across the frontage of the property came up. There was discussion concerning a sharing of cost with the installation of the water line with the property to the south that is in the process of being developed. There was discussion concerning extension of the water line as construction to the east took place which is also in the process. But I thought the issue was whether ar not that section of the ordinance requiring connection to the water line was to be upheld or was to be varied. Because the water line is at the southwest corner of the Builders Masonry Products which is the southeast corner of the Meridian Business and Industrial Park. End of Tape} connect to the sewer should they also be required to connect to the water. Carrie: Sa I still don't think you have your answer. Rountree: (Inaudible) Marrow: I think that from my perspective as point of discussion is and that Gary is correct his paint is well made, we do have the two issues with the ordinance to deal with. I guess that being the case, these in my mind these findings don't get us to where I want us to ga to from my perspective. I want to see the sewer thing hooked up immediately ar as quickly as possible. That does mean with respect to the ordinance that we da need to vary those two things in terms of the immediate water hook up and we need vary the to and through is that correct Counselor'? ~. Meridian City Council February ~ 8, ~ 997 Page ~~4 Crookston: You would have to grant the variance. As far as the sewer is concerned whether or not you want to grant it for the water f have no idea. But if they are not going to connect to the sewer. Rountree: Na, they are going to ~hoak to the sewer. Marrow: The issue is that we are trying to get, at least from my perspective and if the Council concurs we are trying to get to the paint of where we are allowing the connection to the sewer to take place immediately. And then we are delaying the cannectivn to the water and the to and through the property for a short period of time in the near term to allowthese ether things to ga an. Crookston: You still need to deal with both fhe water and the sewer requirement to go to and through. Carrie: Sa we are going to need newfactsand findings. Marrow: From my perspective Mr, Mayor for point of discussion I canrt support the findings of fact as they are written. Bentley: Mr. Mayor, I would agree with that, I think we are going to have to modify these to make them more ~inaudible~ Rountree: `111e1! apparently we are going to have to modify them but it would be nice to get it clear what the modification is going to be, I think there are three points, one, to allow connection to the sewer and that cannectivn be metered if I was understanding correct. Two, that there be some kind of sunseted variance for the connection to City water and likewise for the through and to extension an the water line conditioned on the development of the adjacent properties. Is that where we are trying to ga? Does that help? Churchman: Yes Morrow: Mr. Morrow, that being the case I would move that instruct the City Attorney to prepare new findi~~s of fact and conclusions of law for the variance requested by Builders Masonry. Rountree: Second Carrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Counselor to draw up new findings of fact and conclusions of law as presented by Council, any further discussion? Meridian City Council February 18, ~ g9~1 Page 15 Bentley: So we don't have to go through this again next time, what time frame are we looking at for the sunset? Morrow: well I would think, I want to think it through a little bit and talk to Wayne about it. It seems to me like the sunset clause has got to have something that discusses the hook ups being in a timely manner with the two projects that we are dealing with now. l do not want Builders Masonry to hold either one of those projects hostage nor do l want those projects to hold Builders Masonry hostage. So whatever verbiage it takes to get to that point is how we have to get there. Corrie: Any further discussion? All those in favor? apposed? MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: LOS ALAMITOS NO. 3 SUBDIVISION, 58 LOTS EAST OF LOS ALAMITOS NO. 2 BY FARWEST DEVELOPERS: Corrie: Is there any representative from Las Alamitos here this evening? Bowcutt: Becky Bowcutt from Briggs Engineering. Corrie: Any questions on your final plat, anything that you want tv tell us? Bowcutt: we did receive the comments from the City Engineer's affi~e, I did write out a memo to Bruce Freckleton and faxed that over to him and Shari addressing each question and item that they brought forward. Corrie: Shari did you get a copy of that, did Council get copies of it? Morrow: Sa far I haven't found it in my packet. Rountree; Did you get confirmation on your fax? Bowcutt: Yes I did, I called, I got confirmation.l was kind of late in faxing it, I have been out. I kind had what Mr. Crookston has, we have the same voice. It was faxed to my office on Friday, I was out ill on Friday, Monday was a holiday, I called and talked with Shari today and she faxed it tv me immediately when we realized I didn't have it. And then I answered it, sa I was late in getting ~,y response to the City Engineer's office. If you would like to meta go through these I can address them quickly. Corrie: Council, what is your pleasure, do you want her to go through them? Morrow: well I guess, these are technical issues that our staff needs to deal with. My preference would be to have their concurrence and have them review it and say okay it f Meridian City Council February 18, 1997 Page 16 is fine or it isn't fine. And far something that is not fine then the two of your are able negotiators you can handle the issue inaudible}. Bawcutt: l think in reading through these Mr. Mayor and Mr. Morrow, there were not any items that I would call critical, Most of them were dust same technical things verbiage changes on Hates. The only item that I thought was of importance was the issue of Nampa Meridian Irrigation District and putting a separate lot for the Hunters lateral on our plat. My response to them was that I was told t~ da that by Nampa Meridian but after meeting with Jahn Anderson at our irrigation committee he indicated in that meeting that the board had to concur with that. And so my response reflected that. Sa I believe the irrigation issue is the only critical thing is that a separate lot can be placed in an easement, how does Nampa Meridian want to handle that, Are they going to own it and maintain it and that I believe I can work out with the staff. Rountree; I have one question of Becky, on the plat Hates number ~ it says lot 10 black 9 is dedicated to the City of Meridian for a school site. Bawcutt: That is correct Rountree: Then staff s review of the engineering indicates that lot 1 g, Black 9 is to be under a blanket easement to Ada County Highway District for heavy duty maintenance of drainage facilities. Haw is that going to work? Bawcutt: Na, I believe they, they are talking about the drainage lot. The drainage lot is lot fig, block 14. I think that was an error, they are referencing the wrong Iot. We don't have any drainage facilities on the schval dot. Rountree: The other question then I would have about 1 D block 9 will that have a perimeter fence and will provisions be made far leveling that site and is the ownership really to the City of Meridian ar to the Meridian School District? Bawcutt: In the previous hearings on other parcels that had this schval lot reserved out of their property the indication was the City of Meridian wanted the property dedicated to them. That if it was to be utilized far an elementary school the City would transfer title therefore to the school district. If the schval district decided not to utilize it then the City would have it far a park. Bu they felt more comfortable keeping it within the City. The Sundance Subdivision to the north that was dedicated to Meridian school District who then in turn dedicated it to the City of Meridian when the high school site was purchased. Rountree: How about the fencing? Bawcutt: The perimeter fencing l don't believe that has been discussed. They are under their development agreement and under the ordinance they have got to fence Meridian City Council February ~ 8,1997 Page 1~ their perimeter and there is a statement in Bruce's comments. You are talking would they fence the perimeter like the southerly perimeter of the school. Rountree: Actually I am more concerned about the subdivision lots that back up to lot fig. Bowcutt: !would assume that Shari would impose the same requirements an perimeter fencing wouldn't you? Yau guys don't allow building permits to be issued until they gat their perimeter fencing. Then it is also indicated that the Ridenbaugh shall be fenced with non-combustible, bath sides of the Hunter lateral even though piped would have to be fenced. I would assume the perimeter fencing requirement listed in the requirements would apply to the rear of those lots. I think if it is on record and Mr. Goldsmith's attorney is here tonight also monitoring ~inaudible~, !will make sure Mr. Goldsmith is aware that will be required, As far as leveling that your other question there has been no discussion on leveling that yr filling it. I haven't really walked that piece, I knowthere is an elevation difference. Rountree: Those are the only questions I had on the plat. Stiles: Were you indicating that you would fence along the back of those Iots'~ Bowcutt: That back up to the school lot we call it. Stiles: Yes, and then there is also a pedestrian ~0 foot pedestrian walk way that #hey would need to fence. Rountree: That is in your comments. Stiles:lNe want to make sure that was done sv it doesn't end up as a lot clearance lot. Bowcutt; Okay, it said in there either construct ar band with the City. Stiles: They would need to be constructed prig to building permits. Carrie: Thank you, any further questions from Council to Becky? Morrow: Mr. Mayor, as a paint of discussion, !don't have a problem with approving the final plat subject to the staff sign off. Obviously Gary, Shari and 1111111 are not going to sign off on that plat until such time that they are satisfied that the conditions are going to be met. I have good confidence in their abilities, Ms. Bowcutt is an abled representative of in this case both Mr. Goldsmith and the City of Meridian. She is well aware of what it is we do and what we would like. My one concern that I would like to see addressed and Councilman Bentley raises a good issue in terms of the leveling or the condition of the school lat. I think what I want to see there is something that is Meridian City Council February 18,191 Page 1$ leveled, it is not a dumping ground far excess concrete and those kinds of things so that we as a City can maintain the lot and keep the weeds dawn with the equipment that we have ar soon will have, I think that as for you Mr. McColl and Ms. Bawcutt that your client needs to be aware of that and that from my perspective any motion to approve the final plat would have that within the motion so that the taxpayers of Meridian are not paying to fix up something that shouEd be in good shape to begin with. Those would be my thoughts concerning it. I dv think the staff is capable of handling this ar mare than capable of handling it. I would like to see the leveling issue addressed in the motion. Rountree: That is what I was thinking when I brought it up. That we don't need to inherit a problem. Marrow: Good thinking Rountree: If you want to make that motion I wi I1 second it. Morrow: So I will make the motion that we approve the final plat for Los Alamitos Na. 3 Subdivision by Farwest Developers subject to the satisfactory meeting of the requirements of all staff and agencies and subject to the school sitelpark site lot being in a level clean manner with capable of being maintained by a mower system. Rountree: Second Corrie: Motion made by Mr. Marrow to approve the final plat of Las Alamitos No. 3 Subdivision subject to staff approval of sign off and the condition of the school lots as discussed in the point of discussion, any further comments Hearing Wane, all those in favor? Gppased~? MQTIGN CARRIED: All Yea fTEM #~ g: PUBLIC HI~ARING: REQUEST FGR A CONDITIGNAL USE PERMIT FGR A GRGUP DAY CARE 1=GR ~ 2 CHILDREN BY PATRICIA REED: Carrie: At this time I will open the public hearing and invite either Patricia Reed ar a representative to came farUVard first. Patricia Reed, X167' Jericho ~11Jay, Meridian, was sworn by the City Attorney. Reed: I wanted to comment that I already have my certificate of occupancy and brought my day care license tonight. I don't know if you need to see these ar nat. Carrie: I don't knave whether they da ar not, we will just hall them in case they da. Comments from staff? Meridian City Council February 18, X991 Page 19 Stiles: Is that what we already have an fife? Reed: You should because !had to get this in order to have my first license far five, Stiles: You certificate of occupancy, and your license may change based an your having more children there. Reed: I talked to the fatly at the day care licensing and she said that the number of children that I had was not a concern. That had to be dealt with through Meridian. Stiles: So the license we have on file is Reed: The license that you have on file proves that I don't have a criminal record and that I have been approved to da such work. Sa the number of children I guess isn't the issue through the State it is only through Meridian. Stiles: So they don't license the facility far Reed: No they don't Carrie: Council members, questions? Marrow: You have read the staff conditions and were in agreement with those at the I and ~ level and there has been na change since the P & Z. Reed: Yes Rountree: Mr. Ivlarrow, on a paint of discussion an those 1 would like to consider item 4 on page 8 relative to the assessment of sewer and water, I have stated my position previously an these that it is a commercial endeavor and l think that sewer and water aught to be assessed at a commercial rate. but whatever, nary we have talked about that in the past, do you have any more enlightenment an that? Is it working ar not working? 1s it mare work for you? Smith: Mr. Ivlayar and Councilmen, we only have one rate that is a cost per thousand gallons for sewer and water whether it is residential or commercial. The rub is an commercial each month of the year the user is charged sewer for the amount that goes through the water meter as opposed to a residential use that has a water average that is used for the following summer months far sewer assessments. We have made same policy decisions, l guess I have, an buildings that have a substantial amount of landscaping outside water use. In those cases we have reverted back to residential billing far that commercial use. So, unless this residence has a separate water meter for sprinkler water in my mind it would be unfair to charge them a commercial user an Meridian City Council February 18, 1997 Page 20 the commercial user basis because of the amount of landscaping that they have and the fact that it was a residence at one time and that landscaping I don't believe has changed from what it was as a residence. The only thing that we were looking at an the possibi I ity of a change of assessment was the amount of water that they would use. That is why we put that standard comment an alf residential buildings that are converted to a commercial use. Rountree: So you are comfortable with the condition in the findings that takes care of your concerns? Smith: I didn't read the findings specifically to see what it said, Rountree: it is basically entering into an agreement with the City. Smith: Reassessment yes and we do that on all commercial buildings or commercial users. Rountree: That helps me too, thanks. Corrie: Any further questions of the applicant? Thank you, since this is a public hearing is there anyone else from the public that would like to enter testimony at this time on the conditional use permit's Seeing Wane, council'? Bentley: Mr. Mayor, I would move that the Meridian City Council adapt the findings of fact Carrie: if we are ready to do that I will close the public hearing. I will close the public hearing, Mr. Bentley. Bentley: I would move that the Meridian City Council adapt the findings of fact and conclusions of law as presented from Meridian Planning and Zoning Commission. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Talsma to approve findings of fact and conclusions of law as adopted and approved by the Planning and Zoning, rail call vote. RILL GALL VOTE: Talsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision ar recommendation. i, f Meridian City Council February X8,1997 Page ~ ~ ~.. . Bentley: Mr. Mayor, the City of Meridian City Council hereby recommends #hat they 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 ar similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use permit should be subject to review upon notice to the applicant by the City. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree an the decision and recommendation, all those in favor? Apposed'? MOTION CARRIED: Ail Yea ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER FOR 12+ CHILDREN BY RAYMOND CHACE: Corrie: Is Mr. Chace or a representative here? Chace: My name is Raymond Chace, Crookston: Mr. Mayor, is this not a public hearing? Corrie: It is not on my agenda Crookston; It should be Berg: Shari, this does not require two public hearings does it? Stiles: Na Corrie: Mr. Chace? Chace:lNould you like me tv offer a brief synapsis. We put in an offer to purchase the property at 130 East First Street. The City of Meridian requested the conditional use permit for a child care center for 12 ar more children. I sit an the board of directors of the parent company and we have reviewed the comments from the engineer, the planning director, the fire department. I personally attended the ACRD hearing and reviewed the district health and welfare comments and irrigation questions and the proposal. I am prepared to answer any questions you have. This is the last hurdle I believe before the purchase contract is completed. Meridian City Council February ~ 8, ~ 997 Page ~~ Corrie: okay, Council, questions of Mr. Chace? Morrow: Mr. Mayor, you are in agreement then with all of the staff conditions and you have no problem with complying with any of those? Chace: Yes sir and no we don't have any problem complying. Corrie: Thank you Mr. Chace, Council, have you had ~ chance to read the findings of fact and conclusions of law, any questions? Stiles; Mr. Mayor and Council, I had a question on page ~9, item G. The last part of that statement. It says "a conditional use should not be restricted to a period of authorization but may be reviewed annually upon notice to the applicant for violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications." I guess I just didn't understand if they are going to have to abide by conditions placed on other conditional use permits. Should, the previous one had that comment in it too, I wonder if it should be stopped at herein. Carrie: Counselor? Crookston; That would be fine. Rountree: There or the second and? Crookston: It would be herein, in the fourth line, period the end. Stiles: Thanks Corrie; Thank you Ms. Stiles, any other corrections, I will entertain a motion on the findings of fact and conclusions. Rountree: Mr. Mayor, I move that the Meridian City Council adopts these modified findings of fact and conclusions of law, Bentley; Second Carrie: Motion made by Mr. Rountree, second by Mr. Bentley to accept the Planning and Zoning Commissions findings of fact and conclusions ~f law as modified, tall call vote . RILL CALL VOTE: Tolsma -Yea, Rountree -Yea, Bentley -Yea, Morrow -Yea MOTION CARRIED: All Yea Meridian City Council February ~8, X997 Page ~3 Corrie: Motion for the decision or recommendation? Rountree: Mr. Mayor, I move that the Meridian City Council approve the conditional use permit requested fey the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Tolsma: Second Corrie: Motion by Mr. Rountree, second by Mr. Tolsma on the decision and recommendation as stated, all those in favor? Gpposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: Carrie: Is Jahn ar a representative here? Gibson: Mr. Mayor, James Gibson, I am the project architect representing Mr. Nesmith. My address is P.~. Bax 2~ 9 in Eagle, 8~6~ B. Corrie: Do you want to give us a quick run down on what is happening here just for the record. Gibson: Certainly, we want to construct a small addition to the existing Meridian Automotive and Machine business located at this referenced address. the project is located in a gone that requires a conditional use and that triggers a number of requirements such as improvement of sidewalk, landscaping and so on. UVe have reviewed the matter carefully with the planner, we think that we had a very goad hearing with the Planning and Zoning Commission. UIle reviewed it with ACHD and have reviewed the notes of all of those meetings and we have no differences with what is being proposed. The applicant is willing to meet all of the proposed conditions. Carrie: Council, questions of Mr. Gibson? Thank you sir Morrow: Mr. Mayor, Ms. Stiles has a comment. Stiles: Mr. Mayor and Council, I guess the only real problem I have with this is the continued use of the iat as a safes lot. Gne of my comments was that at na time should that be used as a sales lot and it is an a daily basis, I guess I am wandering what you do when you are granting a conditional use permit for something that is not in Meridian City Council February 78, ~g91 Page 24 compliance today and by the granting of a conditional use permit is not likely not to ever comply. l mean so he gets the conditional use permit and he is able to build onto his building but if currently the lot is being used as an impound yard for the towing at least far his overflow I believe and we continually have the eye sores of the used cars and motorcycles and whatever for sale on the lot when they are specifically prohibited in old town. So I need direction from Council if they are going to be allowed tc get the building permit and proceed haw are we going to enforce getting, enforce the na cars far sale on the lot, Marrow: There is an original conditional use permit far the business is that correct? Stiles: Na Morrow: There is not? Stiles: Not that I am aware of. Marrow: And it is in old town? Stiles: Yes Morrow: I thought every business in Gld Town had to have a conditional use. Stiles: Yes they do Morrow: And the occupant that was in the building to them had a conditional use. Stiles: Nat that I am aware of, haw fang have you been there John? (Inaudible) Stiles: I don't know what, who the owner was prior to that. I can't say what happened then. (Inaudible) Stiles: Gary says it was an auto sales lot. (Inaudible) Nesmith: The original, I believe l talked to the owner of the building, well approximately was set up as Spraat Fard and then it went to Gibson IPVelker and then it was Meridian Auto Sales and then Dick Ferro, Dick's Car Corral is who awned it ar actually rented it from Joyce Rush which we purchased it from. I guess in reference to her comments as (,. Meridian City Council February 18, 1997 Page 25 far as~car sales. It is only occasional, it is not used as a sales lot. In my opinion, occasionally we sell our awn vehicles and, it is not used as a car sales lot at all. Yes there are several vehicles out there in the parking lot but those are all there either waiting to be repaired or in storage waiting far people to pick up their vehicle. Sa as far as ! am concerned !don't see where there is a problem. Nobody has ever complained to me about the cars being there personally, evidently it seems to be an issue. I just as far as conditions and planning and zoning I didn't want to be prohibited to sell my awn vehicle on the property because !never felt that it was a problem. I am not selling smashed up Junkers, there is just occasionally one or two. I think the mast there has ever been is two vehicles out there for sale at any one given time. That is the only issue as far as I am concerned. l didn't want that to be, for me not to be able to get rid of a vehicle or display it far sale. Crookston: Mr. Nesmith, the vehicles that are sold do you awn all of those vehicles? Nesmith: Yes, we occasionally required from what the towing business is you get same vehicles that are impounded going through the normal channels as far as I, we have hed a couple through the Meridian City or they get impounded that basically give up an. Most of the stuff that is poor value, they are not even what I would consider a junker have never been displayed out there. The only thing that has ever been displayed is of a normal probably at least a value of $10Qg or more. UVe end up occasionally no different occasionally you end up with vehicles of your awn that you want to sell. ~ccasianally I did, it has probably been a couple of years ago I allowed a couple, in fact Howard Foley was one of them that I allowed him to park his vehicle there ta, he asked as a favor to park it there to let people see it. That is not something that has been very common. Crookston: Uvho awns the cars when they are offered for sell, the entity, You personally or is there a Nesmith: There is an entity in Nesmith Towing would either awn them or myself personally. Depending an a situation, depending an how they are titled, Normally the towing company does all of that, That is where we generally produce a car from is from an impound. Crookston: Does the Cawing company own the land and the lot? Nesmith; Na they don't Crookston; I think that could be a problem because it is not the owner of the property that is selling the vehicle. Nesmith: But they are one and the same, I awn the towing company which, maybe I am not falEawing you, l'. 11, Meridian City Council February ~ 8, ~ 997 Page ~~ Crookston: You are a different entity than your towing business is that correct? Nesmith: Correct Croakstan: Thank you Corrie: Mr. Bentley? Bentley; I!1!'ell the problem I see with this is a problem we are having occurring all over town. UVhere on vacant lots there are cars up here and for sale. There are no permits for selling them and what Shari is painting at we are trying to get away from having all of these cars parked all over no matter what shape they are in. Without being licensed and conditioned for type of use. Secondly, I someone is going to have to help me out with this. If this is a conditional use requirement and the original building is a canditional use and isn't then how can we have a canditional use far the second phase of i t? Morrow: Part of the answer to that is that any addition of these size requires a canditional use permit to be issued. So, this would qualify under that. I guess where I am having a problem with this is if everything in ~Id Town forever was supposed to be, every business was supposed to be there by Conditional use it seems to me that there aught to have been a pick up and building ~inaudibfe} maybe the front portion was a car Iot of some sort. Inaudible} at what point when the ownership changes inaudible} I guess it started in 197 with the land use planning act is where it probably should have started in terms of conditional use. Why is there not a canditional use there now? Croakstan: l would have to assume but I believe there is na canditional use there because when that business was first there it was already operating and it had some grandfather rights. UVhen the use changed then they should have gotten a conditional use permit if at that paint the City had its ordinance, the zoning and development ordinance then they would have been required to do that because it is a change in use. Nesmith: Actually it was being used as a repair facility inaudible} on one end. I don't know if that makes any difference or not. Morrow: Mr. Mayor, the question Counselor then is from Mr. Nesmith's standpoint if it is continually ar almost continuously been used since the adoption of the ordinance as an auto sales foci I ity and you are not required, I thought that you had to have a conditional use with each owner. Crookston: In old town you do, if you change the ownership or you change the use of the property we have a procedure for a transfer of that conditional use. The old owner Meridian City Council February ~8, ~99~ Page 2l can't just transfer it to the new owner or the existing owner can't just change it to a different use under our ordinance. Morrow: So my question is how do we get to where we are not because basically from his standpoint he buys it from some folk that are using it as a used car lot wick's Car Corral which appears to be fairly continuous from our ordinance. So what precludes him from selling cars whether they belong to Jahn Nesmith personally or the Nesmith Towing or to Nesmith Automotive and Machine Shop Crookston: I think that the issue really here is we need to find out the history of the property to know what uses were established at what time and then find out whether there is a use that Mr. Nesmith is using now that did have some grandfather rights. My memory of that place the use has been changed three ar four times. But, I can't say that without looking at the records and seeing what was there. If it had been the same use all of the time I think that the City would have to allow that use. Since there has been a change of use and now under our existing ordinance there has been a change of ownership then a conditional use permit is required. Morrow: Given the history of the property the (inaudible) and the front portion could have been a continuous car lot or automotive sales lot of some sort. Crookston: It could have been but the use that had not been in existence would not be an authorized use and would need a conditional use permit. Morrow: What you are indicating is that needs to ~e determined is which one of the uses has not been existence in terms of what they inaudible}. Crookston: That is correct, we need to determine which use was in existence in the past and which use was not. Uvhen we are talking about the use in the past is that use in fact a grandfather right that was existing at the time when the City passed the zoning and development ordinance which was back in ~98~. Morrow: Sv essentially whatever use it had in ~~8~ would be a grandfather right Through today. Crookston: That is correct. Marrow: So do we knawwhat it was used in X984? Nesmith: As far as I know it was used as a safes Iot. I don't know if you know Ron but as far as I remember it would be Meridian Auto Sales was there in combination with a repair shop on the north end which would have been Collins Automotive. Tolsma: Yes, because Dick Ferra was in the front and (inaudible) ~r. t 1111eridian City Council February fib, 1997 Page ~8 Nesmith: Then there was another sign on the end of the building with Collins Automotive with a separate entrance there. Tolsma: In 1974 we had (End of Tape) (Inaudible} Stiles: Mr. Mayor and Council I don't believe it is the use that existed in 1984 that establishes the grandfather rights. The grandfather rights would be, do not continue forever. grandfather rights typically if that use is discontinued for a year the right no longer exists. 1n our ordinance right now grandfather rights are not transferred. The use as a sales lot is specifically prohibited now in OJd Town. People that have tried fa get sales lots in other areas that want to say back in, the Ugiy Duckling was a sales lot too but I don't think we are going to grant a grandfather right far somebody to start parking cars and selling them there, I would hope. There is a significant number of cars that are for sale throughout the year and I believe Mr. Nesmith has wanted to get a dealers license. He is limited to five cars a year that he can sell from the towing business's vVhat was it you told me you were limited to? . Nesmith: Vlle were talking about getting a dealers license and I was proposing to you of using about, about approximately 5 spaces was what we were talking about. At that point in time with considering the amount of cars that I would need to sell or really lase interest inaudible} I decided I didn't want to da it. Stiles: But there was a limit on how many cars you could sell that would require you to get a dealers license is that correct? Nesmith: No I don't believe that was ever issue, we were talking about Stiles: I think there is a limit an the number of cars that you can sell before you are considered a dealer. Nesmith: I don't know Stiles: I don't consider it a grandfather right I consider it a violation of the ordinance and I will continue to have our Cade enforcement offices enforce it because it is not what we want to see an East First Street coming into Meridian. No matter what kind of condition the vehicles are in, They are not licensed they are not registered, they are just sitting there far weeks ar maybe days ar I think it is fatally inappropriate. Nesmith: Is there a passibility that you could be misunderstanding vehicles that have been in other words waiting there for repair and nvt actually for sale. Stiles: They have no license plates on them, they are sitting there with big white letters and I don't think anybody is driving Them ar that they are capable of being driven. Meridian City Council February 1 S, ~ 99~ Page 2g Nesmith: Sometimes vehicles can have plates pulled off and not actually be far sale. Stiles: They have no plates and it is blatantly for sale. Rountree: I don't want to change the subject, but I had a question far Shari related to the landscaping requirements. Stiles: What did the findings~say? Rountree: I believed it talked about that they would have to meet the landscaping ordinance but there was only a discussion about planting of one possibly two trees, Stiles: And that would not meet the landscaping requirement. I don't want it to be misconstrued just because the conditional use permit is approved everything is fine with what has been submitted. l would like there to be some real conditions to this conditional use permit, That landscaping is put in and meets the requirements, the paving is done, the striping is done. Nesmith: vVhat paving, because it is already paved Stiles: Any of the gravel area that is being used for parking. Nesmith: In other words you require the whole piece of property to be paved? Stiles: If it is a parking area that is our ordinance requirement. Nesmith: one thing that I have to say is when we were at the P & Z meeting James was asking maybe what they had in mind as far as trees and where they could be planted. Because as far as initial along Fast First we didn't think it would be appropriate to put any mare landscaping than what the City had already done because of site triangles coming, approaching Bawer onto Bast First. !didn't think it would be appropriate to put any trees or bushes up there because the roadway is elevated above rawer Street. Sa in my opinion there wasn't any paint to it ar any benefit in doing that. Stiles we did discuss additional landscaping along the rail road corridor there to maybe soften the impact of the yard he has gat there now. They didn't seem to indicate there was a problem with that. Morrow: Mr. Mayor, question for Shari, I know that in our packet here there is a site plan for this project. Is there anywhere within the information that you have gat in that plan that indicates what is to be landscaped and sa on and so forth talking about the railroad corridor and maybe there is some slang fast First and maybe there isn't in the Meridian City Council February 18, 1997 Page 30 site triangle issue. Ha$ there been a plan brought forth with all of those items addressed? Stiles: No there hasn}t, what you have in your packet is all that I have. Ada County Highway District is requiring them to cut off this, I think they are cutting off this access on the northern part of the boundary. Marrow: Yvu mean the one adjacent to the railroad tracks for the kJnion Pacific right of way. Stiles: Yes, they want right in and right out curb return driveway there because of the site problems. But, I would expect to receive a plan if this is approved with their building permit that shows how they are going to meet all of the ordinance requirements ar to reject the building plans. Corrie: Any further questions ar comments Mr. Rountree? Rountree: I guess my anfy comment is if the conditional use is approved it has to meet all of the City ordinances and one of those is not allowing sales. If you continue to sell then you would be violation of City ordinance without a variance and I would strongly support the pursuit of enforcement of the City ordinance. I guess I have a question for Shari is it because we don't have an existing conditional use that we have now that no enforcement action has been taken or have there been enforcement actions taken Stiles: There have been phone calls made, I believe some of the cars have had stickers placed on them, but as far as this particular vehicle, there are two of them out there now, I don't know if John has been called or anybody at his shop. Nesmith: I have been there the whole time, there has never been one car stickered and I have never received a phone or an official complaint in my capacity, not ante. Stiles: I have called personally at least 3 times, Nesmith: I guess I didn't receive the call. Stiles: The cars were moved as soon as I called later in the day they were moved. The particular ane that has been there far quite a while now is the brown pick up with the big far sale Inaudible}. Nesmith: I guess, is it just the lettering in the windows that is unsightly, I guess I never, when you have a vehicle full, you have 4a cars out there I didn't really see that, my personal opinion see where, I know there has not been more than ~ cars out there for sale at any given time to my knowledge. I knowthere is a inaudible} Meridian City Council February ~ 8, 1997 Page 31 Stiles: I guess it is the fact that they are for safe is in v'roiatian of the ordinance. ff one of your employees has a car and he happens to have a for safe sign in the window l don't think there is anything we can do about that. But cars that continue to stay there day after day and maybe move their location and without licensing that is obvious that it is being used as a safes lot. Morrow: Jahn, I have one more question, in your mind are you sure that yQu understand the conditions of landscaping and sa on and so forth that need to be done. Have you seen a plan of those, has the architect drawn you anything based on these findings and conclusions? l guess my point is that it seems like to me it would make sense to know what all has to be done and the cast of #hat before you pressed on much further. There is same dilemma in my mind here in terms of car sale issue. I think that is a legitimate issue and there are a couple of sides to that question that I think you need to resolve and put a pencil to and see how this works out. Very candidly if we vote tonight to approve these findings of fact and conclusions as written you would have your conditional use permit and then you would also have same conditions placed upon you that you may not want to do or it may not penci f out. You may need to change the design and so on and so forth. I guess what I am asking is would you like to review these far a couple of weeks and put same cast to it and inaudible} and then make the determination whether you want to go forward with this in this format ar in some other format. I know that from my own experience in other cities with these same kinds of requirements it always makes great sense to know what the bottom line of the requirements was before I pressed forward with the project. I think that the one thing that I am getting from this hearing sa far tonight is there is a large degree of uncertainty here. Ms, Stiles is correct in her determination of the sales issues. Counselor has same good points in terms of his interpretations. But I don't think that if I am understanding inaudible} If I were an owner I would want to make sure that I totally understand what the cost of this was before I ga fonnrard. So that is a suggestion to you, Nesmith: Was there going to be, I guess one thing that l don't believe inaudible} in the P & Z meeting we asked where they might want to place the tries because we needed a little help there as far as Bowers Street is totally undeveloped. I don't think, I think it is not appropriate trees, there are no sidewalks or anything there along the street at all. The only where, you know would be appropriate ar where there would actually be room is along the rail road corridor. which still in light of the what the rest of the corridor Iooks like would be the only trees planted in Meridian along the rail road tracks. So I still, we were a little needing some help in guidance. In other words what somebody else's plan of what they wanted it to look like na different then when they originally redid the main street and did these curbs and gutters and put the tree in upfront that is already there. obviously somebody had a plan as far as what that was supposed to look like. Nobody has really presented and said this is, we think you need, nobody said we want 5 trees planted along inaudible} Nobody has set any requirements at all. (r,--. t Meridian City Cauncil February ~ 8, ~ 997 Page 32 Morrow: I think there is a combination of things, I think clearly what you need to do is visit with Ms. Stites and get the requirements. There are certain square footage requirements that trigger various landscaping things. A lot of things are done in terms of percentages so that is kind of up to you to meet those percentages and design whatever it is you want, It is not like in Boise where they may mandate a certainly of tree and a certain locatian~ You still have the vppartunity to have or place landscaping inaudible} beneficial to not only the City but to your operation too. Like to give you an example, item D under paragraph 8 of the conclusions says all ordinances of the City of Meridian must be met including but not limited to the uniform building code, uniform fire code, uniform plumbing code, the fire and life safety codes and all parking and landscaping requirements. If we pass this issue tonight then basically you would be bound by all of those codes and ordinances and statutes. What I am suggesting to you is that it may make same sense tv find out what the cast of those things are before we press an. You may also want to decide that you don't want to sell vehicles there any more ar~d so the inaudible} Ms. Stiles would then no longer be an issue. Maybe there is ~ better outlet through an existing place that you carp sell the vehicles. So that is something that you might want to have just a little bit of time to think through. So, the choices that we have as a Council are basically at your direction. If you wish to go forward with the project tonight and we pass on the findings and conclusions as we have been then you will be required ail of those things. If you wish to take a couple of weeks and work this through to see how it works out for you and spend some time working with Ms. Stites and or the public works folk and then your architect to determine cost and then come and say okay this is really what we want to do here is our plan. Then that may make some sense to. Inaudible} Nesmith: Can you tell me when the Council reconvenes an making a decision. In other words inaudible} Morrow: That would be March 4, that is basically two weeks from tonight. ~Inaudibfe} we can table or continue until our next meeting to give you same options in terms of ~inaudibfe} Gibson: Mr. Mayor, would it be possible to have a brief recess so we could discuss the matter and decide what we want to do. Carrie: I think that would be apropos. FIVE MINUTE RECESS Carrie: John and James are you prepared to make a decision? While we are sittin g here Cauncil if you haven't received your new master key, have yvu got two keys inaudible}. Meridian City Council February 18,1997 Page 33 f, .. 4 Gibson: Mr. Mayor, we have reviewed the conditions as proposed and we believe that really the only issue that needs to be considered or addressed here is the sales fat question, All of the other issues such as the landscaping and meeting code requirements we believe nv matter how many weeks we think about it we know that if you approve the conditional use we are going to have to meet those requirements vile are not asking for any variation ar consideration on those points. vve do understand what the requirements are and Mr. Nesmith has a goad handle an what his cost would be. So we don't believe that is an issue that should delay the matter. The question is really the sales lot issue. vVe understand that an automobile sales lot is patently not permitted in this land use zone and we are not asking for that. It is a question of whether the occasional ar intermittent display of a vehicle far sale constitutes a sales lat. The applicant doesn't believe so and doesn't want to establish a sales lot at this location. vlle believe that the same ordinance requirement should apply to this piece of property as every other piece of property in this zone. It should not be a sales lot and we don't believe it is. vile believe that the occasional display of a vehicle for sale is in fact permitted, Somebody might park in the parking lot here and display a vehicle far sale. However the question is really if the owner is going to continually place vehicles there far a fang period of time we realize that is different than just driving around with a far sale sign in your window. However the matter, the question before the Council is really whether the occasional or intermittent parking and display of a vehicle which in fact is far sale constitutes a sales Iot or nat. vVe believe that it doesn't so we are asking for consideration on that basis. Maybe Mr. Nesmith has further comment an the matter, is there anything that we can further answer ar say. Carrie: 1 guess it comes down to interpretations in the law here counselor, you have your interpretation and he has his and the courts could have theirs. But where do you advise the Council? Crookston: Well the courts are always right though ~inaudible~ The problem that 1 see is the continuous sales, I realize that it is a towing place and I know that towing shops sometimes tow a vehicle that isn't worth a darn and in order to even pay their cost to even tow it the vehicle has to be sold by the towing shop. But I am not sure, 1 would have to do a little research but 1 don't see how that would be like an owner, like a person who owned a hawse that wanted to sell its vehicle and so you put it out there and put a sign an it and left it in the driveway and l don't think that is the kind of situation that we are dealing with. vve are talking about as 1 understand it we are talking about sales of quite a few vehicles by the owner of the towing shop and it is a sale of his vehicles that is for sure. Sut I think it is different when you have one or two sales per year as opposed to 13 to ~9 or whatever the amount is. 1 think that is the . issue. Gibson: Mr. Mayor and Council I think you legal counsel has seen it the way that we da, and it is a matter of judgment, vVhether Mr, Nesmith has a license as a dealer should bear in the matter. If he was doing something that requires a license to do it Meridian City Council February 18, 1997 Page 34 then it is patently a safes lot. If he is doing something that doesn't requite a car sales license then it becomes in my mind much mare questianabfe whether it is ar isn't a safes lat. Maybe Mr. Nesmith could tell us about how many cars a years are Bald there or what the difference would be in number of cars that are parked there. If there are say 25 cars normally parked there waiting for repair ar whatever and one or two of them happen to be for sale. If we say, well we can't have those one ar two for sale but we can still park the ~5 cars there is that going to make any difference to the appearance of the City of Meridian. I thlnl~ those are valid questions. Admittedly we are talking about perhaps more of a legal interpretation than an architectural question and I am the project architect not the Mr. Nesmith's attorney, so far what it is worth. Carrie; Counsel, any words of wisdom on how you would like to proceed an this? Crookston: I wauid like to have an opportunity to take a look at it if necessary to da a little research to find out ~aies of this type whether they have been held, say there are other cases. It may say if you self ten cars a year then you are basically a sales Iot inaudible}, I believe that people can self property an their own lot. ghat is why I was asking about whether Mr. Nesmith awned the vehicles and who was selling them, I think #hat is a key question also, if the entity that awns the lot is not the entity that is selling the car then I think we da have a real problem with sales. And it being a sales lot. I wauid need some mare information on that as to who the owner is and whQ is the owner of the vehicle that is being sold or vehicles that are being sold. Bentley: i see two issues here, first off this request isn't for a conditional use permit to sell automobiles it is far building a building to repair them. But on the automobile sales issue we have got a business that is going to generate cars for sale, you have vehicles towed in, the people don't pay the impound fee sa you wind up owning them. So that generates a vehicle. You have vehicles put in for repair, people can't afford to pick them up so that generates even mute. So I think the sales issue 'fs a problem and l realize the counselor is going to have to research but I feel that it is a justified problem far the City that these vehicles are going to be routinely there for sale. Carrie: Any fiurther comments? I guess hearing that we need to have some action on the request far the conditional use permit. IUlorrow: well as a point of discussion certainly the way that conditional use permit is presented to us is that we pass the conditional use permit the issue with respect to safes then becomes a CitylNesmith legal issue. If the counselor finds what the requirements are then you have na choice inaudible} whatever it means then you will comply ar you will be in confilict with the City ~inaudibie}. Having said that I think that what !would like to da is adopt the findings of fact and conclusions as prepared for us by I' ~ z. Meridian City Cauncil February 18, ~ 997 Page 35 Rountree: one comment to Councilman Marrows, I guess it would be a question far Counsel, would it beta our advantage to have in the official record the resolve of what inaudible} far the future enforcement action that may or may not have to be done by the City. ~f if it has to be here as a civil matter after the action 4inaudible} would that help your case inaudible} certainly if it was an record the applicant would understand uvhat the City's position was. Crookston: Certainly there is nothing wrong with having it in the record. It is not something that generally people came dawn to City Hall and say let me see what was dane here and things like that. It is not like we have, it is not in the nature of the ordinance at this juncture. Vlle could eventually pass an ordinance about it. But l don't see that it hurts whatsoever to have an opinion rendered by myself as to what a sale of an automobile is and how many times you may ar may not be able to da that an property that you own if you are the person that awns the car and the property. But I agree with Vllalt also, I think that this is an issue thet you can grant the conditional use and then he has to comply. if he doesn't comply then we have got the zoning enforcement officer and we in some cases maybe the City police has same involvement in it. Rountree: Thank you, with that response I agree with what 11Ualt's comments were about conditional use. It stipulates you comply with the ordinances, sa if there is an enforcement issue then there will be an enforcement issue. Currie: I need a motion to this effect, whatever you da with the findings. Morrow I think that I did move to accept the findings of fact and conclusions of law as prepared for us by P & Z. Tolsma: Second Gorrie: Matian to approve the findings of fact and conclusions of law as adapted by the Planning and caning Commission, any further discussion? Roll call vote RILL CALL VOTE: Morrow ~ Yea, Bentley -Nay, Rountree ~ Yea, Tolsma -Yea MOTION CARRIED 3 Yea, 1 Nay Carrie: Decision or recommendation? Morrow: Mr. Mayor, the City Cauncil of the City of Meridian approves the canditianai use permit requested by the applicant far 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 Cauncil. That the property be required to meet the water and sewer requirements, the fire and life safety codes, ~j, Meridian City Cauncil February ~ 8, ~ 99l Page 36 r.::. . Uniform Fire Cade, parking, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use permit should be subject to compliance review upon notice to the applicant by the City, Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma for the decision and recommendation as stated, any further discussion? All those approved? Opposed? MOTION CARRIED: 3 Yea, ~ Nea ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FORA 2,800 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE THRU WINDOW BY JACK IN THE BOX: Carrie: is there a representative of Jack in the box here tonight to give us same information? Smith: My name is Chris Smith, I am the regional construction manager for Faodmakers owners and operators of Jack in the Box. My address ~ 81 ~~ Segall Park Drive, inaudible} Vllashington. UVe have proposed to construct an approximately a ~,8~g square foot restaurant single story wood frame building with all of the associated landscaping and parking requirements, grading and drainage as required by the City of Meridian and Ada County Highway District. Ul~e have received comments frarn the City of Meridian as well as Ada County Highway District and have no trouble with complying with all of their requested requirements. I would respectfully request that you grant us our conditional use permit. Any questions? Carrie: Cauncil, questions? Thank you sir, question of Council to staff? Morrow: My only question would be is Gary and Shari satisfied with the responses? Stiles: Did the applicant, did you point out any of the proposed changes? 1Ne received a revised plan that is not real significant. There are changes to it as far as landscaping setbacks on Fairview and I just want to make sure that what you are approving is what they really want to do. Morrow: The only thing we can approve is what is in our packet at this juncture. Smith: That is correct that is why I didn't say anything. what we did is we talked to Shari before the meeting to say the changes that we want to make do net make any modifications to what the Ada County Highway District has recommended and or what the City as recommended. Vlle want to tweak the site plan a little bit either direction Meridian City Council February 1S, ~99~ Page 3~ ff ,... 4 because our setbacks are bigger than what is required and would just allow us a little mare versatility with the property. Stiles: The changes they have made are not significant. I would just like the Council tv be aware that what they have submitted is not what they intend to do. Smith: I have some miniature site plans if you would like to look at them. Morrow: Mr. Smith, I am lacking on this plan and I don't see inaudible} I take it by your response there won't be a car wash bay on this project, is that what you are trying to tell me? Smith: That is correct. UVhat we have done actually and if you look at the middle of the package at your findings of fact, the site plan that was submitted originally. We have moved the building a little bit closer to Fairview to allow parking an the south property line up against the aid Smith's building. The site plan that is in your package was one that was originally submitted and it doesn't incorporate the Ada County Highway District concern or request for the curb cut on Fairview. But the site plan the 8 ~~ by ~ ~ does. Sa in essence we want to tweak the site plan ~inaudible~ a little bit, none of those changes are beyond what the County or City inaudible}. Marrow: All landscaping is still the same? Smith: That is correct Cowie: Any further questions? Council, what is your pleasure on the findings of fact? Bentley: Mr. Mayor, I would move that the City of Meridian City Council approve and adapt the findings of fact and conclusions of law as per the Planning and Zoning. Rountree: Second Cowie; Motion made by Mr. Bentley, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Meridian Planning and Zoning Commission, any further discussion? Rol! tali vote ROLL CALL VOTE: Marrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Rountree: I move 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 and that the property be required to meet the water and sewer requirements, the fire and life safety codes, ~, Meridian City council February 18,199 Page 3$ parking, paving, landscaping requirements and all ordinances of the City of Meridian, A candit~anal use should be subject to review upon notice to the applicant by the City. Morrow: Second Currie; Mativn made by Mr. Rountree, second by Mr. Morrow, the decision and recommendation as read, all those approved? apposed? MOTION CARRIED: All Yea ITEM #14: MARTY GOLDSMITH: CONTINUED DISCUSSION 4F SALMON RAPIDS SUBDIVISION: Carrie: Is a representative from Salmon Rapids Subdivision here tonight? Smith: Mr. Mayor, 1 have a meeting scheduled with the representatives Thursday morning to discuss this sewer service area issue. Sa, I don't think anybody is still here from Marty goldsmith's court. Rountree: Becky is here. (Inaudible) Smith: I think Becky is requesting that we table this until March 4. Corrie: Council, entertain a motion. Marrow: Mr. Mayor, 1 would move that we table to March 4 far discussion of Salmon Rapids subdivESion. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table to March 4 an the continued discussion of salmon Rapids Subdivision, any further discussion? All those in favor? ~ppased? MOTION CARRIED: All Yea ITEM #15: INTERSTATE CENTER: DEVELOPMENT AGREEMENT, CC&R'S AND NON-DEVELOPMENT AGREEMENT: Carrie: Is there a representative from Interstate? l Meridian City Council February ~ 8, 199' Page 39 Seel: My name is Jonathan Seel with the w. H. Madre Company, bag North Steelhead, Boise, Idaho. Vlre have reviewed through the development agreement, the CC&R's inaudible} and also the non-development agreement and we are in agreement with them and we are prepared to sign them. Corrie: Council questions? Morrow: ~niy far the city attorney, all of these documents have been reviewed and approved by you? Crookston: I have reviewed I think three different sets of them. Ms. Stiles prepared some changes that I have not yet reviewed, she handed them to me tonight. Sa I have not reviewed those. There are some changes to my understanding from comments l made and gave to Mr. Seel. He prepared some changes to those but i have not Ms. Stiles changes sa I would say that I am not in a position to say that I can approve them. Corrie: Is that all three of them counselor? Crookston: That is true, Corrie: Shari, are you prepared to answer some of Walt's questions or I am sorry (inaudible) Marrow: The question was has the counselor reviewed it and these are all approved from his standpoint. The answer is that no they have not been reviewed by him in the final format. Now have you seen them in the final format and they need to go to him so he can review what the final format is? Stiles: He got them just today because I revised them just today. This is probably the B~~ time. Seel: No absolutely not, we provided these documents and the CC&I~'s and the non- development agreement back in the end of September. we got same comments from Mr. Crookston, I think probably a week and a week and a half ago which we incorporated in the documents and I delivered them to the Mayor at that time. 1 was under the understanding that these have been reviewed. vVe are anxious to move on with this thing and we have been dealing with this since September. 1Ne have a one page non-development agreement, we have a 4 or 5 page CC~R agreement. My understanding is the development agreement was approved today, Shari and I went through it. She gave me her final comments, we were in agreement on that and I thought this was all buttoned up. It is not ~ a:oo tonight and I am sitting here and I am told approximately that these agreements haven't been reviewed at this point. vllinstan Moore is more than anxious to get this thing wrapped up and is extremely frustrated at this point. And to sit here and then say that we have Bane through fi ar l versions we fr t Meridian City Council February ~8, X991 Page 4g haven't. vVe have provided and we have been waiting far changes. The only changes that I got were some handwritten changes that you provided a week and a half ago that picked up. Uve incorporated thaw, I delivered them back here and said that was fine, we will put thaw in. Now I am told that they have been reviewed, excuse my frustration but after you have been dealing with this for 4 or 5 months you get a little frustrated. 1111e are ready to move on with this thing, I don't think it is that complex and I don't know what else to really say. Other than we have basically been at the beck and call, there have been changes and we have made them. Shari gave me changes I gat her back red line and she has worked with me on those. we got those changed, I picked those things up today and we were ready to sign thing this afternoon and now I am told they are not ready. Sa !don't know where we are. Crookston: I can tell the Council that I did not see what Ms. Stiles and M~. Seel worked out. Seel: Uve haven't done anything on the CC&R's and non~development agreement. Thy only changes that have been done on those have been the changes that you requested. what I have been advised is that Shari does not deal with those things that you deal with those. well again I am a little confused here on this whale process other than it seems like it is getting a little convoluted. 11~lhat we would like to do is to go ahead and proceed. we want to record this plat End of Tape} but we haven't changed anything and I met with Mayor Carrie today, he provided me with document that we are under the impres~ian were acceptable as they were. That is the information that 1 have given to Winston Moore, we are set we are going to get it approved tonight presumably and everything has been blessed and you can plan on getting them signed tomorrow, So I am sorry for being a little terse here but it is just a certain level of frustration at this point and I don't knowwhat to da. Crookston: Mr. Mayor and Council I can't blame you Mr. Seel, I can't approve these until I have seen them and 1 specifically talking about the development agreement. Let me interject that !don't know that you can go anywhere until they are all done. I don't know that the Council should approve the CC&R's or non-development agreement until the development agreement is approved. Seel: 1Ne11 I don't disagree with that and that is the dilemma that we are at. Again, maybe I am getting mixed signals here but I am told a development agreement is dealing with Shari and that was approved today. The impression at least that I gat was that was okay, it was in the acceptable form. The C~~R's and non~development agreement are essentially your baby and the things that we provided back in September haven't changed other than the few comments that you marked on there and at that time you said you had reviewed and that they were okay. That is when 1 came over and picked them up. Meridian Gity Gouncii February ~8, X991 Page 41 Graokston: All I am saying is that I have not reviewed the final document so that I can yes this is what I did, what I prepared and has the changes that I had in it. Because I haven't seen the final document. Seel: vUhy am I here today, I am sorry I thought we were supposed to be on the agenda tonight to get this approved. Again I apologize for being rude here but I am dust Gorrie: I was under the impression counselor you were going to review these and have it lane by Monday, that is what you told me. Crookston: I can't, Mr. Mayor, I cannot approve them when I get them tonight, (Inaudible) Crookston: I got the development agreement tonight, befinreen the special meeting and the regular meeting. As I understand it Mr. Seel and Shari worked on the document today. Seel: Uve worked an the development agreement, the non-development agreement is Crookston: That is what we are talking about. Seel: okay, I think we are talking about two different issues, The development or the non-development agreement and GC&R's were provided back in September. I called you a week or a week and a half ago. You said they are ready and I said I would came by and pick them up. You had some hand written notes an them, I incorporated that in and I was under the assumption that they were dune. Uve haven't touched them since, I have not talked to Shari about either one of those documents because she has told me that is not her baby. As far as the development agreement that is her responsibility and yes we have gone through it. She made a few changes today, I requested a few changes. I picked up what is an execution document in my mind today at ~ :gg assuming that I was coming here tonight with the fact that we would have it blessed. Now I am told that we are not going to have any of the documents inaudible} and I am presuming now at this point we are looking at potentially two weeks and i don't know how much longer. I think next time you are going to Winston Moore sitting here because he is more than frustrated at this point about this whole process. So I don't know what else to say. Carrie; Jonathan, let me get something clear in my mind, you made same changes in the development agreement and the non~development agreement today with Shari? Seel: No, on the development agreement with Shari, Shari gave me back comments last week, we looked through those. Ilve made, the long and short of it is up until today we made some changes in the development agreement. Shari and I sat by phone Meridian City Council February ~8, X99? Page ~2 today, wrapped up a few minor things, there were a few technicalities. 1lvith respect to the non-development agreement and CC&R's I have never talked to Shari about those, I have been advised that Mr. Crookston is responsible for those. That is why I have been calling Mr. Crookston on these things and that is why I have also talked to you to wrap those things up. So, we really have two things and at least my understanding we have two people that are assuming responsibility for different documents. But as far as the CC&R's and the non-development agreement we have not made any changes in those and l have had no communication with Shari other than that they need to ga to Vl~ayne Crookston. So that is where l am right now. Very simply what we are trying to da is we are just trying to get this project through. V`le are trying to build here a goad project far the City and we can't record the plat until we get these things signed and we can't self any land ar talk to any potential investors until we da that. Even at this paint if it was approved tonight we are probably looking at April ~ ~ before we will have this plat recorded. That is an optimistic scenario. From what I am hearing tonight that is probably out the window. Sa we have same ~inaudibie} coming to town this week as I have talked to you that is an issue with people if they think the plat is not approved. They are a little bit reluctant to come forward. So that is where it is right now, and I appreciate apologies but what I need is results right now. I need something that has been approved that I can come in front of you and we can get hopefully approved. have spent a lot of time an the development agreement and Shari has. The non- development is one page, it should be pretty straight forward. Sa help me. Rountree: I question where we are, the CC&R's and non-development agreement are akay'~ Crookston: I believe they are, I Dave not seen the fins! document but if they are the same as what I have already reviewed then they are fine. The only question that I have is that in the develvprnent agreement because changes were made today. Marrow: Mr. Mayan, if I might offer for paint of clarification here Mr. Seel is yes Ms. Stiles does work with the body of the development agreement. But the Council's charge to the City Attorney is that he is to review all of those from a legal standpoint to make sure that everything in fact is as we as a Council want it. In this particular instance based on what City Attorney Crookston is telling me is that the CC&R's and the non-development agreement he was in agreement with in terms of ~inaudibfe} verbal reply from your perspective that everything was fine. He has not seen the very final document that has changes inaudible} Seel: That is absolutely correct. Marrow: In terms of the development agreement if changes were being made as late as this afternoon how could that document have Bane from the two of you working on it to him far review sa that when we ask the question as a Council is the development r' Meridian City Council February ~ 8,197 Page 43 agreement okay from a legal standpoint, his answer is I don't know I haven't seen it. And you are telling us that you guys were working on it yet this afternoon. Seel: We were working an and there have been delays and same changes that were promised on February 6. UVe have been pushing it from this end, I don't know what the arrangement is between Shari Stiles and Illlayne Crookston ~inaudibie} Shari was handling that. I was under the impression that whatever changes were made and acceptable for her would be appropriate and the reason for being here tonight is simply to have these things approved. So I don't disagree with the fact that there were some changes although not substantive changes, but yes changes as of today. But, again, I am going on what I have been advised and I was under the impression that I would came here tonight and that ail of the documents were in a form that was acceptable to be signed and that we could simply move on with this. Sa, again it is just some of my frustration because a lot of this stuff has taken longer than l think we have all anticipated. lam just trying to get this accomplished so that we can get this approved. Morrow: I understand what your frustration is and l understand where you are trying to go with it. Seel: Again I apologize if I am being rude, I don't mean to, it is just 1g:g0 and it has been a long day and you kind of think you are going to give birth to a child and you have to go home again. Morrow; Point of discussion Mayor, I think basically as a Council we can do one of two things. We have always indicated to our staff and to our people when we approve something what it is we want is we want and in its final format we want obviously final format means that City Attorney Crookston has reviewed everything from a legal standpoint no matter what the document might be. That we are empowering the Mayor to sign and the Clerk to attest. ~niy a Council can provide that function. Essentially to get to that goal now we have two choices. one is that we could table this until our next meeting in which case we have these assurances that it has in fact been done. ~r the second choice we have is we can empower the Mayor to sign and the clerk to attest upon successful conclusion and of review by City Attorney Cranks#on. If that occurs at weeks end then fine so be it, if that occurs the 3r~ of March so be it. I guess from my perspective is that I want the assurances from City Attorney Crookston an record that he has reviewed and everything is satisfactory before any signature occurs an the part of the Mayor and the City Clerk. I don't want to put the City or two individuals that accu~y Chase positions in the position of going beyond what we are held to by City ordinance and State statute and so on and sa Earth. So I see it as two potential solutions both of which are acceptable to me. Sees: If I could at least put same input I would Morrow. I think this is a discussion of the Council Meridian City Council February ~8, X997 Page ~44 Rountree: Mr. Mayor, in order for me to I guess concur in the second option that Gauncilman Morrow I would need some assurances from Shari that in fact the changes made today were minor and not of substance. Then I would threw out a third option that possibly we could take this up in our planning meeting or have we not scheduled that one. Cr can that be done? Corrie: Na decisions can be made at planning meetings, you need a special meeting. Rountree: okay, my question then would be to Shari were the changes you worked out today of minor substance and do you feel your issues and concerns and the City's concerns have been taken care of. Stiles: Gauncilman Rountree and Mayor and Gouncil I think that what we have ended up with is in substantial compliance with what you have in your packet. There would be some minor changes and Jonathan has spent a lot of time an this and has actually improved a Iot of the wording that was repetitive and didn't, the terms that didn't match up. Sa he has put a lot of work into it. Part of the problem was in some of the reviews we would do the reviews send him a copy then they would review it and send us back a copy that wasn't the same as what we though we had discussed previously. Sa we worked out the final details of that on the phone today and 1 believe it is a good document. Rountree: But the changes are not of major substance? Stiles: I don't believe them to be no. Crookston: Excuse me are we talking about only the development agreement? Stiles: Cnly the development agreement. Seel: I would like to interject too that I think Shari has put a great deal of time and effort in this and I appreciate her getting it back as quickly as she has. So she deserves credit in this too. Talsma: Mr. Mayor, I believe with Mr. Moore's track retard of what the projects he has done in Boise and Meridian and everything in the past and with the minor changes that Shari says was recommended and what the attorney that has previously reviewed the CG&R's and development agreements even though the changes possibly are minor or he hasn't reviewed the final documents 1 would agree with 111la1t's second choice that possibly we instruct the Mayor to sign and the City Clerk to attest if the review from the Gity Attorney on the final document is favorable. Bentley: Second i Meridian City Cauncil February ~ 8, ~ 997 Page 45 Carrie: Mativn is made and seconded, made by Mr. Tolsma, second by Mr. Bentley that the development agreement, non-development agreement and CC&R's be approved, that the Mayor sign and the Clerk to attest on the final approval of the City Attorney's office. Any further discussion? All those in favor? apposed? MOTION CARRIED: All Yea Cowie: I might dust add ,~anathan, there was a change in the development that I wasn't aware of, So dust sa you and I are soli Inaudible} Mr. Crookston if you will da that far us posthaste. Seel: Thank you very much and again I apologize if I came across a little strong but (inaudible). ITEM #16: TED CUNNINGHAM: REQUEST FOR HOOKUP TO CITY SEWER AT 125 BLUE HERON LANE: Cowie: Is Mr. Cunningham here this evening? Berg: I am not here to represent Mr. Cunningham but I did have a conversation with him this afternoon. He is requesting to table this item, this request until March ~, the reason being is they are doing same test holes out an his property. There might be a passibility that he can put in another drain field ar not depending on what Centro! District Health tells him. So he would like to table this item until March ~. Morrov~r. So moved Rountree: Second Carrie: Madan made by Mr. Morrow, second by Mr. Rountree to table the request for hook up to City sewer at ~ ~~ Blue Heron Lane to March 4, ~ 997, any further discussion? All those in favor? ~ppased? MOTION CARRIED: All Yea ITEM #17: DEPARTMENT REPORT: Cowie: I guess I would like to have Mr. Bentley, can you give us a run down on the, Dave Hansen is here, Cauncil has received the packet which is a proposal that he has made to do the preliminary study on the reo. center on the preschematic work plan. I think a couple of the three people here know about it. To make sure everybody an Council is aware of what this is. If he has any q~restians they can ask him and then we will ga forward. {' 4 Meridian City Council February ~8, ~g9~ gage 4G Bentley: Okay, what the recreation committee decided to do, we went through our surveys and sent you all a copy of haw they come out. we decided to take a stab at talking to a couple of developers and have them give us their thoughts on the best way to ga thraugh with looking at the amenities that we might want in a rec, center and come up with a schematic plan as to how we could obtain a final plan and stuff. Dave Hanson came in and discussed this with us and he wrote up a prepraposai and ~ would like to have him came and give a short synopsis of that he had there. Hannan: I wilt try to make this short, my name is Dave Hanson, Jr. 3~ 8l N. 1 gt" Street, Coeur d'Alene. Initially I met with Councilman Bentley and the mayor on February ~ and at that time we discussed a process of haw to ga about planning a facility like this. Their initial indications by certain professionals was that a process might involve mare ar less a design competition. My feeling at that time was that a project of this nature, any community based project the planning process is crucial and should involve as many elements in the community as possible, politically and to get the support of the community. So what I did was at the request of the Mayor and Councilman Bentley put together more or less a model to follow, a planning process. So when architectural services or planning services were solicited to do this process you might have an understanding of what you are looking for. I also feel that to assure that you have the mast qualified people doing a process like this that interview process is essential. So many times it is easy to take a model done in Nampa and place it in Meridian. Meridian is unique, we have unique problems and we have unique history. I think to overlook opportunities that we have that Nampa does not it wouldn't be beneficial to the community. So what I have done, I don't know if all of you have something before but it is a model to look at. There is a tentative fee proposal to that sa what it might cast to da something Iike this, ft again varies with the service and how in depth you want to get with anything. I also believe this should answer your questions, a survey Iike this should go before the community and answer a couple of questions. one can you afford it and two where would it be and what would it da as any preprogramming should do. Yau shouldn't have any doubt after you are done with the study of this nature that yes you can da this and be able to proceed with a plan of haw to finance this. If that hasn't already been in place thraugh the study. So I guess at this time l would entertain any questions. Corrie: Any questions from Council at this point? Morrow: I think I am short a package here. Corrie: All it is ~IValt, I put it in your box some time ago, all it is inaudible} cover letter in a gray package. Each one of you gat one like that in your box, see what he is holding there. I might add that ( (". Meridian City Council February 18, 1997 Page 47 Ernie: Mr. Mayor and Gounciiman, I just add a couple of things to that. The outline that Dave has given you there is a very important pracess in any good building project. 1 was just trying to think of a goad example, c guess a good example would be the Morrisan Center that we did, it has been over ~ 0 years since we did that thing. I think we all forget the Morrison Genter had a ~ 8 year history of failure, it tank ~ 8 years before that got built. And went through all kind of ~inaudibie} The problem with the Morrisan Genter was always a preconceived solution, it was never something that became a consensus of the community. The Morrisan Center turned out to be a collaboration between the community, the Morrisan Foundation and Boise state University. Sa it has 3 different owners actually. And so it really had to represent the community, the university and a private foundation all at once. We had G5 people an a building committee and 45 user groups that wanted to tell us how to design the building. So believe me it took a planning pracess to survive that sort of thing.lllle put a pracess together and you see kind ofi a short version of it before you tonight. That process is reaiiy the heart and soul of why the Morrison Center is a successful buiiding as it is. Because it does exactly what people expect it to do and everyone agreed to what it could and the community reaiiy gat behind the idea. For a project like you are tacking about here it is reaiiy kind of key to get everybody looking the same direction at the same time. The only way to reaiiy da that is to go through a process like this. Gtherwise any solution you might came up with would be preconceived and quite frankly kind of the chemistry takes puce and kind of the goats ofi the project become community wide goals then quite often those things become targets rather than become consensus. You don't want the building to become a target you want it to represent a consensus afi a broad base. Peapie sometimes are kind of worried because they think that designing buiiding by committee but the difference between designing and defining and what this is is defining and not designing it, it is defining it. I think if you alt would agree that any time you can concisely state a problem and say it concisely and clearly and everyone can understand it, it is about 80% salved when you da that. That is kind of what the key to that whale thing is and why projects that go through that process are much more successful than ones that don't. That is our pitch for that. Bentley: I have a question far Dave, how firm is that estimate? Hanson: Firm as in far us to da it? 11Vell that is a firm estimate far us to do that. That is what it would take for us to do that process based an the information and experience that Ernie has had and the firms 1 worked far us to do something like that. Bentley: is that a high end price ar is there chance for reduction's Hanson: There is of course always a chance for reduction and not to exceed fee. Generally you never shoat far the top on things like this you try to cover yourself as a business but then again you need to provide a service to the community, something that you can use. Gf course once you get into the planning stage you might realize that ~ . `_. Meridian City Council February 18, 1997 Page 48 your user groups might not be as many as you initially planned. The (Inaudible) might be a little less and the fee might go down a little more. Corrie: Council I would also like to (inaudible) information for you there are 3 other architectural firms that have contacted me that would like to be involved in the preconstruction for the bidding and this type of thing for the feasibility studies. That is Hosford Engineering, Neil (Inaudible) and then Nicole (Inaudible) and Alan Quinteri and I think those are the ones that contact me that would like to be part of the pre- preliminary to give to the Council Marrow: Mr. Mayor, if I might, the proper procedure far something like this is far the City to put out a request for a proposal. Vve do that essentially far every project and every study. Sa what ought in fact to be happening is two things. one is that there aught to be a request for proposal going out into the architectural and engineering committee with specific things defined as what it is we want that to happen. Then when those requests for proposals came back to us then what the City dues is sit down and makes a determination which praposal is best suited far what it is we are trying to find out. Then we budget the money or determine where the money is coming from to pay fur it and do that in that manner. At this point this evening I would not be part of the voting for any type of praposal for this have we not gone through that process. That is a process that we strictly adhere to within the City and so it is obvious that Mr. Hanson has submitted what his prvpasal is but it is anon-competitive praposal. There should be a period of time that all of the rest of the potential folk that da this kind of work have the option to submit a prvpasal in terms of having a shot at this work. We do this in the sewer stuff all of the time, you see varying prices and varying scopes of work. From those then you define maybe the ideal praposal and you might request yet a back up proposal of the tap three based on new information that has been suggested to you. Bentley: Just so you understand the situation with this was he was coming into town to speak to the committees and he asked to speak to the Council tonight. vUe are aware that it has to be an open competition as he is aware of too. Sa but it was just a case where he was in fawn and asked to speak to everyone. Morrow. In the process the public hearing process (inaudible) have to offer to every other architectural form (inaudible) Hanson: Inaudible} Iook at the prvpasal as a model. You are correct this goes out to an RFP but if you don't know what you are proposing you have a hard time defining. What this is to be used is to help you propose something as an architectural service, Morrow. I understand what you are saying Mr. Hanson and the issue is we can request (inaudible) Hanson: That is correct. Meridian City Council February ~~, 1991 Page 49 Corrie. And which I think that is probably what we will do. !wanted to make sure that everybody on Council was brought up to speed as you say what we are doing here. Nothing is being rammed down anybody's throat or anything else and they are quite aware of what is going on. I also wanted to make sure that the other people that we aren't doing that at all. !appreciate what you have dare and we will proceed an with what we need to be doing here and get back with you as soon as we find out what is going an. I don't know how, we have your preschematic work plan here sa I guess we can ask for others to da the same thing. Ones that I talked to said that is what they wanted to da anyway. Hansen: I think if you are to engage in an interview process we would request that they submit separately and that this start over. This was initially intended to help you write a proposal for a service. It was not meant to compare against other people and what they do. Corrie: That is correct and we will honor that. Ernie: Mr. Mayer, I think one other thing, we wanted to make sure that you understood the value of a planning process versus a preconceived like a design competition where we just sit down and come up with a pretty picture and lay it an you and say which pretty picture da you like the best. That happens sometimes and we just thought we would help you a little bit in that regard and give you some background on why this other process is much better ~inaudible~ that was the intent anyway. Rountree: Mr. Mayor, if !might an this particular subject, I think I would like to step back and maybe five an opinion or guidance on how we aught to get to where we want to get with this RFP. I believe that the advisory council on the community center who has been meeting for a number of months should came together, reach same consensus put together a recommendation and bring that before Council for consideration and then the Council take action on pursuing an RFP per their recommendation as opposed tv. I would like to see some continuity with that group you have a lot of people working. And some folks I think are feeling a little frustrated they are not getting anywhere and that has been expressed a little bit in the Parks and Recreation Commission. I think that the advisory committee may want to bring that forth to the Parks and Recreation Commission first and then put together a package and bring it to Council and make a presentation. That would be my suggestion and then we would get into the RFP process. So we don't disenfranchise those people that have been working on it. Corrie: That is right, any further discussion? Thank you Dave and Ernie. Okay Gary Smith, City Engineer. Meridian city council February 18,199 Page 50 Smith: Mr. Mayor and council members I just have two items. The first one is the bid results far the cleaning and television inspection of sewer system. That was bid on February 6, ~ 997. we had three bidders, I think you all had a copy of the bid tabulations. The low bidder was Municipal Service Company of Idaho for a total bid of $49,812.30. These bid prices are the same prices that they bid that we requested for the same service. They have done a good job and provided the service that they contracted to provide. My recommendation and that of Jahn Shawcroft our sewer superintendent would be to award the bid to Municipal Service Company of Idaho in the amount of $49,812.30 for the work that is described on that bid tabulation. Tolsma: Question Mr. Smith, how is it that they are (inaudible) lower than everybody else? Smith: well we experienced a similar difference between first and second on the last bid. I am not sure, one of the bidders was having to buy equipment to do the job. I think the high bidder was. (Inaudible) Smith: I think (Inaudible) is out of the area so they would have to have mobilization cost added to that also. Marrow: was not one of them leasing equipment too Gary? Smith: I don't know, I understood that I think Alliance was purchasing some equipment ar perhaps they were leasing it I don't know. I don't believe they had the equipment on hand, municipal service does have their own equipment. Tolsma: You are comfortable with Municipal Service though? Smith: Yes, they have done an excellent job, they have good equipment, goad results. Morrow: The other thing Ran is they have done our work for the last two years and sa they are really familiarwith what the issues are and haw to do it. Tolsma: (Inaudible) Morrow: If there is no problem Mr. Mayor I would move that we accept the bid for the sewer line camera and cleaning work by Municipal Services of Idaho in the amount of $49,812.30 and authorize the Mayor to sign and the City Clerk to attest the award of contract. Rountree: Second € '.... Meridian City Council February 1S, 1997 Page 51 Carrie: Motion made by Mr. Morrow, second by Mr. Rountree to have Municipal Service Company of Idaho clean and television inspect the sewer system in the amount of $49,81.34, any further discussion? Ail those in favor? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor, I will get that notice of award to you and then subsequently there will be a contract and notice tv proceed. The second item I have is the license agreement from Nampa and Meridian Irrigation District for the City of Meridian to discharge bypass water from 1llleii No. 1l into Nine Mile Drain. Illlell No. 17 is located in one of the first lots in oft of Locust Grave in Las Alamitos Subdivision. The well pump and pump house is under construction right now. I believe this drain line has been constructed. The first part of the license agreement is pretty much canned material that Nampa Meridian Irrigation District uses regularly. The end of the agreement, exhibit c and exhibit D are specific to this project. Basically this drain line is used for flushing our well or will be used far flushing of the well. Uve are subject to the flows that are existing in Nine Mile Drain and Nampa and Meridian Irrigation District would control this to some extent if they have a water volume in the Nine Mile Drain to which our well bypass water would cause them problems then we have to contact them ahead of this flush if and when we have a flush. Sa I would request Council approval of the license agreement unless anybody has a problem with it as it is written. Inaudible} when I submitted it to UViII I guess he submitted a copy to ~111ayne. Berg: He should have it in his packet. Crookston: I have the agreement, I just haven't looked at it. Morrow: Mr. Mayor, that being the case I would move that we authorize the Mayor to sign and the clerk to attest the license agreement between the City of Meridian for City well No. 17 bypass discharge into Nampa Meridian Irrigation District system, subject to review and approval by city Attorney Crookston. Bentley: Second Carrie: Motian made by Mr. Morrow, second by Mr. Bentley to approve the City well Na. 1l bypass discharge for the Mayor to sign and the City clerk to attest upon the final approval of the City Attorney, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) ~. 4 Meridian City Council February 18, 199? Page 5~ Smith: Well # guess, Councilman Morrow and myself and Bruce Stuart met with Dennis ~riffen who manages the Vocational Education Campus in Nampa. They have agreed to vacate the premises by July 1 ~, end of June. 1Ne will be moving the Water Department down there and some accommodations will be made with the BSU powerline school that they have dawn there whereby they will maintain a classroom and until such time as their Vllest campus is built between here and Nampa. # believe that it will be incorporated into that campus. Sa the building is an excellent facility. I think we are very fortunate to get that back in our ownership. It will be a good facility for the water department. Very well constructed, very well maintained. UVe are all looking forward to the move. Rountree: Any renovations eminent, you can walk into it pretty much as it is and take it over? Smith: Right Morraw: I think that the final issue is that from our standpoint we have got every thing that Mayor and you guys desired of us to dv. Vlle have the deal structured and put together where we left Dennis is that we were highly supportive of the west campus and that we wanted to be involved. We had plenty of roam at that facility for the next few years far the power training program. Sa we would have Amanda Harden and UVayne Crookston working out this stuff. What I suggested was that there had to be a monetary term to make the contract or whatever they are going to work about doable that probably a dollar a year would be a satisfactory amount. So don't think there are very many issues, l think it is up to us to get the legal stuff done and then look forward to moving to July 1 ~. It has been a mayor inaudible} Dennis Griffen's part and Tom McGregor's part to make sure that this is happening. I think we need to proceed posthaste to get that done. #t would probably be in our benefit to make sure that Wayne contacts Amanda and gets it put together as soon as passible. If they need something like that. Bentley: Where are you at with the engineering on Tully do we need to give you any more (inaudible) Smith: I don't think so, they are proceeding. Bentley: Vl~el# you spoke before you needed same, you were talking about some changes on the plans ar we needed to finalise them up or something or are we a#ready past that? Smith: I think we have done that, ! think at the last council meeting asked for that wank and I got that change in the pathway and the next day had that information back to the consulting engineer and he is moving forward. Does anyone else have any questions of me? f y. t 4 Meridian City Council February ~8, X997 Page 53 Carrie: Shari? Stiles: Nothing sir Corrie: Chief? Gordon: I put copies of the communication study in all of the Councilmen's boxes. Did everybody get a chance to look at those, any comments or suggestions? Rountree: I would suggest some more anecdotal situations to say why or what we have gat isn't working and specific instances where it didn't work and caused either poor communications with ar citizenry or embarrassment on the part of the City or inadequate response to a situation, those kinds of things. If you could do that it would be, it was a gaud study but it was almost academic. It just, site 5 or 6 or ~0 examples of why the communication system, where the communication system we have has failed and the result of that failure. I think it would just put the final touches on that thing. Gardan: I wi I I get those for you. Corrie: I think we have a couple that come from the EMS that I gave you and one of them was pretty good for (inaudible). Gordon: That was a culmination of all of the problems. came to a head Christmas Eve when the entire system melted down. Everybody was without service and the Ada County EMS End of Tape} There was a meeting with the Commissioners about five years ago and I voiced those concerns at that time. And it finally happened and exactly what happened is what I knew was going to happen. That problem has still not been alleviated. I have still not been contacted by anybody from the Sheriff's office ar from that group explaining what actually took place and why nothing worked in Meridian when it da go down. But i can get together that stuff. Rountree: I guess my next question it is an action on the park of the City to the County Commissioners asking them what they are going to da about this. Are they going to allow funding to came to the City of Meridian to take care of the problem is that where we want to go with this issue? Gordon: Yes sir, the County Commissioners have called and requested a meeting wanting to know, with the Sheriff present and his staff why we are pursuing or even looking at a dispatch center. Rountree: Sa they are still up in the clouds? ~~ Meridian City Council February 18, X991 Page 54 Gordon: They know why, but they want to I guess ask the same question you have, why do you think there is problem here. Rountree: Vvhen is that meeting scheduled ar is it yet to be scheduled? Gordon: I think they set a date of March 6 if I am not mistaken. Corrie; 9:Og I believe Rountree: Uvith the County Commissioners? Gordan: Yes sir and the sheriff and me and I guess anybody that wants to ga. Rountree: If you put a reminder In my box it would be beneficial. Thank you Gordan: That is ail I had. Corrie: Counselor, anything? Crookston: I have nothing. Carrie: Mr. Morrow? Morrow. A couple of things, last time and we did sign the letter tonight. Last time we had a discussion or I threw out the proposal to be thought about it and come to a resolution tonight about maybe taking some of the rebate money that we got an the work comp think and spend $25 or $30 to each employee for a night out or whatever. So it was finro fold we were going to send them a letter signed by all of us saying (inaudible) accomplishing (inaudible). I guess what I would like to know tonight is does the Council feel that the $25 or $30 is a worthy rebate and should we in fact do that (inaudible) for a job well done. Bentley: I believe Mr. Mayor, you were supposed #o check and see if it was okay, the legality of it. Crookston: I have not checked the legality of it. Vllhat I have done is some discussion with Will and Janice. The problem that I see is that dollar amount is generally used for payment of premium and it goes back. They send you a letter saying that if you want tv have this money you can have it you can cash the check or you can have it reapplied to your premium. The question that arose in my mind is whether or not it was more spending money it is not really a rebate so much as it is a lessening the cost of the workman's camp. Meridian City Council February 18, 1997 Page 55 Morrow: You get the rebated based on your loss experience so the rebate is different for each individual based on the dividend and based on the (inaudible) you have the option in the tax return to apply your tax return to new year's tax liability. (Inaudible) and have it off set your next year's premiums. When it runs out (inaudible} to do with as you please so it is discretionary money to do with as you please. Crookston: I think that is very true, my only question was whether or not it is appropriate to view it as a rebate like having money that you won in the lottery or something or whether or not you viewed it as what it is. It is a use of an award that could be used to lower the premium cost of your workman's comp. Morrow: Na, it just aff sets this year's premium it doesn't laver the cost any. The premium is based an your salaries that you pay. It doesn't have any impact on what the premium might be. Just a prepayment whatever inaudible}. Crookston: But if you use it you don't get credit far it in your next year's premiums. Morrow: well you don't know, all you are doing now is that you are taking inaudible} then it goes in and comes back and it says inaudible} $45,~ao and if you have ~~B,aUg in rebate that you are going to reinvest the new amount you owe is $~ 9,fl~a. You still own them ~45,0~0. All you have done is and we have already gotten the check, that is not an avenue that is open to us anyway. Crookston: Yau can send the check back to the Department of Lobar. I have done that in private practice I paid work comp and Rountree: It just prepays. Morrow: vVe still have the check was the check was deposited? Berg: I think the check was deposited in our checking account because we had already paid the premium. But on the same basis that premium is based on a work experience and we still have to pay upfront a premium. Because we were more efficient we didn't have to pay as much and they rebated it back. I did talk to Jo our auditor and she could not tell me that she remembers that an instance that this has happened. Usually it is always just refunded back and pay far the premium but she was going to check and see if there was any reason why we could not do that. She couldn't see any right now, she didn't have any clients that did that but she was going tv check it out, she has not got back to me today. Morrow: As a point of clarification here, sound fiscal policy would be than when you get a rebate check rather than redeposit it with work Camp and little or no interest that you put it in the highest interest bearing instrument that you can with whatever time period you can before the next premium becomes due and payable. That way you earn ~. Meridian City Cauncil February ~~,199~ Page ~~ interest income on it as opposed to leaving it in an account as to offset against a bill that might be 3 months down the road. Crookston: That is very true. Rountree: And likewise investing in the employees it is kind of interest bearing as well. agree with the concept, I think it would be good to get the comment back from the auditor. The only clarification !would want to make is by virtue of the way we are organized, we are part of that group but I would want it understood that at least this Cauncil person doesn't want any part of the rebate, I believe we are still covered by some of the insurance that is being rebated, just a matter of fact. Morrow: I guess I didn't visualize us being involved to begin with. Crookston: I think it would be appropriate to see what Jo has to say about it. l don't think #hat there is a legal problem I think it is just a matter of how the Mayor and Council decide to use the funds. Just like setting a budget, you decide an haw it is going to be spent. Rountree: well they are uncagnitized funds at this point it would have to supplemental to spend them anyway. Crookston: That is true Rountree: (Inaudible) Corrie: Then the consensus is to find out from Jo what is going on. Dkay Morrow: The next issue was ! had a note about park reservations for shelters, do we want to increase the fee, limitations on the number of people, parking problem? Vlle need to da something about this right away so that by March ~ ~ when those reservations and stuff start coming in that we have gat that policy in place. My paint in bringing it up tonight is that I want you guys to be thinking about what we want to do there sa that at our strategic planning meeting next Tuesday we can came to a conclusion and give our staff the guidance they need so they can put the policy in place. Then an our March 4t" meeting we can do it and adjust the rates inaudible} will in fac# be accurate. The last thing is in preparation for the meeting on the ~~t", the strategic planning meeting. I am just going to go through our agenda from last meeting so that everybody can make sure that they have their stuff done that they were supposed to have lane. Transportation study we have taken care of we took care of that at our last Counci l meeting. 1111e have adopted that and it has been forwarded onto ACHD. Clean up Ordinance #144, that was the ordinance that 111~i11 brought to our attention where we were asking too much of some positions. That was supposed to have been ready far tonight's council meeting. It wasn't an the agenda so we will be !! ~... l Meridian City Council February ~ S, ~ 997 Page 5l asking the question at our next meeting where that is. Tenn and Charlie took care of the traffic commission rework. They have put in our box a rough draft sv that we can review that. It is a job well done, it was done on time. Inaudible} The next issue was the ethics in government issues. A proposal was due the 14t", I didn't see that tonight so that will have to be ready for next week. Board commission committee issues, that ordinance was due the ~ 4t", it hasn't been in my box as of yet. The P & Z ordinance, that was assigned to Uvayne Crookston, you are probably working on that I suppose aren't you? Crookston: ~lllhich P & Z ordinance are you talking about, the commissioners? That is ail part of the boards, commissions and committees isn't it? Rountree: That is what we concluded last time. Marrow:1111e11 we have item B here P & Z ordinance designated to vVayne C Rountree: As I recall he was going to go through the ordinance book and highlight those ordinances that are needing changing ar that we can get rid of. The whole works Crookston: It is what I call the green book Morrow: we may need to review the tape to make better Hates there. The joint building and P & Z we have to have done by the 25t" an white paper. VIle have met a preliminary meeting with Jo Bolen. we are now scheduling a meeting with Attorney Crookston to put that in rough draft form. Then parking lot, Glenn was going to look into that issue. Bentley: Still waiting for Ms. Nonni to get back to me. Morrow: And then site for public works and building, Gary is doing a schematic on the ether space over here. I think that is either done or about to be done. Inaudible} cast estimate based on that schematic. And so, we have talked about the sewer plant issue so that covers it that will be the issues that we will talk about at the planning meeting on the 25t". Bentley: Vlle also decided that we were going to dedicate the meeting to working on space problems, building problems. 1JVell with ail of that an there haw are we going to do that? Morrow. Well we are supposed to have the paperwork for this other stuff, so (inaudible) we can look at those issues very quickly. It is not as though we are going to be debating the (inaudible) As you recall we are supposed to have the trial stuff there such as you have done (inaudible). I do have a note here that says (inaudible) meeting of the 25th for space issues. Meridian City Council February ~8, ~99`~ Page 58 Bentley: Gn your space issues has there been any though given to, I can't remember what all he was looking at but are we looking at space issues that the police department is going to need? Morrow. I think we are looking at space issues for the City in general (inaudible). Corrie: Refresh my memory, white papers, what is that? Morrow: White paper is a trial ordinance or trial (inaudible) for example on the traffic commission (inaudible). Carrie: You mentioned something about the planning and zoning ordinance and UVayne was going to do it and then you said something about a white paper. Morrow: Draft Corrie: What are we drafting? Marrow: Are you asking specifically? Corrie: Specifically what are you drafting that is what I meant. Morrow: We are drafting the traffic safety ordinance, rough draft. We are drafting the ethics rough draft ordinance. We are doing the boards, commissions and committees rough draft ordinance. Inaudible} Corrie: (Inaudible) Charlie? Rountree: These are more of along the lines of questions. Wayne, I really do need something to get to St. Luke's in terms of a lease. They are a little ancy. I don't know, everybody probably already knows this but Marshall Baker is no longer with St. Luke's, Christopher Brown is the new executive. You probably already knew this as well, Earthtech gat the engineering agreement with ACHD to da the couplet study. That was formally Bell Walker. They would like to as part of the agreement, there are two meetings scheduled with the City of Meridian. They would like to schedule a meeting somewhere around May 20, somewhere around June fig. I suggested when I talked to Gary Funkhauser that maybe they consider an early session with us before our May 2~t" meeting similar to what we had tonight. But it would be just like a half hour presentation to discuss the alternatives that they had developed at that point. Then they want to have in June a workshop with the City Council related to where they have gotten with alternative analysis and what they are probably looking at in terms of recommendations. Their schedule shows that around June Sgt". So, we could defer that again until a regular Council but there may be more questions and answers at that point in time. We might want a special day set aside to meet with them. I tall them I (.. { 4 Meridian City Gauncil February ~8, 199 Page 59 would get your thoughts an that tonight and then they would probably make a run at us to try and confirm those. Bentley: I have one thing to add since Charlie mentioned that couplet that brings to mind, I think we need ta, and maybe this has been planned already. While we are doing a couplet study maybe take a faak at what we want the main drive through town to look like as far as aesthetics and beautification and preserving. I don't know, I don't think the camp plan addresses it. But with a couplet study that might be something we want t tie together. Morrow. 1 guess what the question would be is when you see the couplet study and what the highway requirements are essentially you are (inaudible) either have to do an LID (inaudible) or some other mechanism. I think the answer to the question is that we need to take a look at something like that we need to see what the highway requirements are first in terms of space. The answer Charlie (inaudible) get it done and get it moving. Rountree: Sa anyone not willing to meet say the ~ 0th of June on an evening, probably not taa late. I will get back to them and have them firm up same dates and have them submit them to the City and then we can confirm the dates with them and put then an our calendar, if that is all right. Berg: Just a point of interest is that first week of June is AIC conference, sa if you are planning on going to that don't book anything. Rountree: They would not be wanting to meet with us until the second week, possibly the third week in June. Inaudible} week of the ~Oth is when they have it in their critical path to meet with the City the second time. As far as your comment about park fees, have given Gary a spreadsheet #hat the City of Raise was advertising far rate increases and it is probably as goad a place as any to start. Then I had a question far Wayne, what was the outcome with the discussion with Mr. Thierhause's attorney today related to the pocket park property and surrounding property? Crookston: I did not talk to the attorney I called Rick Thierhause on Thursday and they said he was in the hospital and would not be back until today. And so I didn't talk to him until today to find out who the attorney was and I now know who the attorney is that, it is Winston Ghurchilf and I asked if he had any problem with me calling him and he said na ga ahead and call him. Rountree: That is all I have. Carrie: I have a couple of things, in you had the articles, and inaudible} Ada Planning Association. What this is primarily is that the changing that the association can also have not only Ada County involved with APA but also Canyon County. There have Meridian City Council February 18,1991 Page B9 been quite a few meetings that have been going an that Canyon County would like to join farces with the Canyon County Commissioners and Mayers and City Council and that for the regional and multi-county ventures. ~a what they have to do is change the constitution and articles an it to allow them to act outside of Ada County, specifically talking to Ada County. Sa Council would need to be in agreement that they have no problem with that, that we could vote either yea or nay depending on the Council's feeling on that whether they want them to enter into that cooperative agreement for regional planning. That is why I brought it to your attention and if anybody has any problems with it we need to know about it. Marrow; Daes, okay, by approval of this we are authorizing APA to carry on conversations with Canyon County ar Elmore County inaudible} by approving this we are not authorizing them to enter into binding agreements and so an and so forth are we not? Corrie: (Inaudible) Morrow. (Inaudible) situation where this is simply authorization to carry on conversations with non-binding discussions. If there were any proposals that came out of it then it would go back to the various Council's and county commissioners and so on and so forth for them to say the City supports this or doesn't support that. Then the board at that point in time after would (inaudible) Council or Commissioners would want to see happen is that correct? Corrie: That is right, it is the authority to enter into cooperative agreements. They have the authority that once they talk about it then if it is agreeable with the different cities representatives through their board agree you say yes we agree that you should have Canyon County be part of this agreement with transportation, the two votes would be yea. But they have to have all of the approvals of cities to do this. In other words if you agree to that then you would have to give me the authority to sign for the City of Meridian to change the ordinance. Bentley: Mr. Mayor, one thing that was brought up at the meeting was that these other Cities would not be voting an issues that didn't apply to them. Inaudible} they would not be voting on something that affects Meridian and Boise. Corrie; It is just articles to talk. Rountree; I assume this like any other constitutional amendment process or articles process that they want to open it up to amendment then I would suggest that we open it all up to amendment and then a minimum Inaudible} Meridian, Eagle and Kuna all three increase their eating power by one to at least have those three cities in rural Ada County if you will as a black if they wanted to vote together would at least have a ['. Meridian City Cauncii February 18, 1991 Page 61 snowball's chance to compete with the voting power of the City of Boise. It is stacked for the City of Boise. There is no point in us even voting. Morrow. And I agree with that. Corrie: We have had some lunches where we addressed those very things that we thought we needed to have meetings. (Inaudible) if Star comes in there would be a block of 8 votes which takes care of eight on the other side. We had discussed that but as far as us getting an era vote. F~auntree: I would suggest that we at least run that up the flag pale. Ali they can do is vote us down. If we don't say it then we submit.lNe have grown substantially since this thing was first drafted and sa has the City of Eagle. fur problems though maybe not as many are just as big as the City of Boise in terms of abilities to finance and take care of them. I don't see why we should be second to the City of Boise. I think they ought to knew that and if they choose not to iet us increase our eating power so be it. But if we don't ask we are not going to get it. It is kind of like asking for an increase in your allowance l suppose. Morrow: I am in agreement with that position and as support tv that is that we have moved a long ways fan~vard in terms of size of City and sa on and sa forth. And yet in terms of the areas that I represent the City in which is primarily transparkatian, ACHD the issues very candidly are to same degree we get the bones that are left over and we always have to fight like heck to make our point. one of the major problems that I am learning with regional entities is that if they are set up in the same manner that ACHD was set up in then it is always stacked against thane who have the least amount of voting paver. Conversely part of the issue is that the big Talk use the regional entity to hide behind. I would suggest to you as a case in paint the mall area. if the City of Boise was responsible far highways and had to fund that mess over there i doubt you would see such aver zoning of the area. Sa it is a two edged deal. And l think in terms of these regianai entities we want to be very careful going into them to make sure that the point that Charlie raises is that we have gat enough representation so that when you have a group of folk that see things one way that you can have a chance of winning your point. Because now if it is as western Ada County issue we don't have a chance of winning the point if it is not in the City of Boise's best interest. As ail of us know that from time to time Boise City's best interest is throw the boys a bone and inaudible} lay dawn and be quiet. And so maybe now is the time in dealing with these issues and push those points and serve notice that we think there are some inequi#ies there and maybe start to reverse the trend a Tittle. Corrie: Of course far this parkicular inaudible} articles of the constitution there are only 13 votes, Raise has one vote, Meridian has one vote, liana has one vote, etc. In the Council itself we have to inaudible} this is executive that the main voting has to inaudible} Meridian City Council February 1 S, ~ 997 Page ~~ Rountree; I understand that and they can say that is not acceptable but at least they understand our position. And they may say yes and great Tolsma: (Inaudible) Rountree: It seemed odd to me that in this day and age #hat the representation was that way and if they want to get us in a regional concept I think we ought to be up to snuff with everybody else. Carrie: You certainly have an in road to do that since I am on the Executive Council. Rountree: I think you can express that opinion at least for me I would hope you would and if they don't like it I don't have a problem with what they are proposing to do. Marrow: You know what we can do is send back our copy with those changes made and just let it slide right on by. Corrie: I bet you somebody would catch it. So is the consensus or I need a vote that the Council would approve the agreements with regional planning with Ada Planning Association. Glenn and I will certainly, I will bring it up to the board inaudible} Bentley: I will make the motion. Morrow: Second Carrie: Motion made by Mr. Bentley, second by Mr. Morrow to accept the amended inaudible} Ada Planning Association, any further discussion? All those in favor Opposed? MaTION CARRIED: All Yea Corrie: ACHD, Jerry Nyman wants to have a joint meeting again with us and the ACHD Commissioners. Will and I looked at, we have Friday the ~8t" open, March 7t" and March 1~#" is on Friday. Does anybody have any preferences' Rountree: As Tong as they are in the afternoon, I don't have a problem. Corrie: So we will (inaudible) Rountree: Just something after noon. Morrow: From my perspective any one of those three days is fine and have it at our shop because we have (inaudible) l . Meridian City Council February ~8, X997 Page 53 Carrie: To run you up to date an the Planning and Zoning Commission I have five eligible people, five are associated with the building industry. Morrow: I think there is another one that Jim is interviewing also that is from Cherry Lane Village, Art Finei. Corrie: I was not aware of that. Morrow: He is a retired banker. Corrie: I know who Art is, he is a real estate man. Morrow. (inaudible) Gorrie: I wasn't even aware that he was even, he didn't tell me that. I will see if we can't get this posthaste and find aut if that being the case so that you know where we are. That is all I have, Illlill? Berg: I have a couple items on the agenda which is a rarity. one was the Gibbons, Scott and Dean submitted agreements far the audits for the ~ 995 fiscal year and the X996 fiscal year, they are separate audits. I made copies of that in your packet, a little memo plus a letter of them explaining a few situations, These are initially under the $50U0 bidding law I guess that was passed by the legislature two years ago. So I ask I guess far the approval of these agreements unless you have same questions with them. Marrow: I don't have any questions. Corrie: I guess my question, does that include the two audits as under $4500 or is that (inaudible) Berg: $4500 for each audit, and that was the same price it was in 1994 audit. The $2000 if we have a grant that we have to deal with and to be quite honest I don't know if we did in 1995. Corrie: You mean government grants? Berg: Yes if they have to deal with same mare research with any grant money that we received. Carrie: i think there was ane in ~ 995. ~., Meridian City Council February 18,1991 Page 54 Berg: Like I said i am not positive on that. ~f course we vvill have one for the ~ 99l fiscal year because we did, I don't believe we had anything for the 1996 fiscal year. Corrie: Caunci I? Morrow: Mr. Mayor, I would move that we approve the audit proposal by Gibbons, Scott and Dean in the amount of $4500 and that if there is (inaudible} to authorize the additional $2000 additional expenditure (inaudible) authorize the Mayor to sign and the Clerk to attest (inaudible). Bentley: Second Corrie. Motion made by Mr. Morrow second by Mr. Bentley to accept the contract far audit of year 95195 and stipulation of prices, any further discussion? All those in favor? ~ppased? MC~TIC~N CARRIED: All Yea Berg: I just wanted a clarification, there are finro years of audits, fiscal year 1995 and fiscal year 1996 and those are both (inaudible) Carrie: I guess my question is I thought we did that every year. Personally i like to see it lane every year not every two years down the line. I am just asking, was that previous. Morrow: It is every year as far as I know. Berg: it is done every year (inaudible) did you read the cover letter that (inaudible). The second thing that 1 have is the minutes of the special meetings that we have with the Ada County Commissioners. They are minutes, they had their minutes typed and I got copies of the tapes that they took. I just formality need to approval of those minutes that you had copies of and we will put them in our minutes book. I will have a fourth one when she finishes that and I can put that on the agenda. Marrow: That is because it was an advertised meeting of record that we attended then these minutes would serve far Berg: Yes it is a joint meeting and we will just have a our signature page that says that the Mayor signed it and inaudible}. Morrow: i would move that we adapt the meetings of the Ada County Commissioners joint meeting with the City of Meridian an December 18, Tuesday, January 1 ~, 1991 at 1;30 P.M., and Tuesday, January X8,1997 at 11:BB a.m. ~~ {` Meridian City Council ~~ . February 18, ~ 997 Page ~5 Rountree: Second Corrie: Motion made and seconded to accep# the minutes of the Board of Ada County Commissioners for the three dates, all those in favor? Opposed? MOTION CARRIED: Ali Yea Berg: And I am sorry, one other time that I had. I put in your box late this afternoon dealing with a request for a release of a non-development agreement for Summerfield Subdivision No. 3 phase Z. I made copies of the document. Before they can start construction they need release of this development agreement. They are in a one year time frame for approval of their construction drawings. Morrow. All that takes is a simple motion (inaudible) release of the non-development agreement does it not? Berg: Yes it does. Morrow: Sa moved Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to remove the non- deveiapment agreement with Summerfield Subdivision Na. 3 phase 2, all those in favor? Opposed? MOTION CARRIED; Al l Yea ITEM #~ 8: EXECUTIVE SESSION: Corrie: I would like a motion to go into executive session. Morrow: So moved Bentley: Second Carrie: Motion made and seconded to go into executive session, all those in favor? Opposed? MOTION CARRIED: All Yea EXECUTIVE SESSION ~- ~= ~. Meridian City Council February 78, ~99~ Page 66 Corrie: 11~e just came out of e~cecutive session. The time is twenty minutes to one, different discussions on personnel. I will entertain a motion to adjourn. Rountree: So moved Morrow: Second Carrie: Motion made and seconded to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETfNG ADJOURNED AT ~2:4~ A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ,~ O ERT D. CORRIE, MAYOR ATTEST: ~~i~~~t~lli~ftl~lt~~f~I ~~'~*1 ~ ~ l ~~~*~ ~~ ~ ~ r r~ ~ ~~}r ~~ ~ ~ ~` r,, ~ ~ ~ ~ WILLIAM G. BERG, JR., CI CL RK ~~~ ~. ~' ~ -,~' ~'+j~~V ~~~~r ~ti ~~~~~ ~ ~ ~4~~ ~~~~ ~.~ ~ i~`~4r ~~~~~~~~~t r~~~~S+~~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, FEBRUARY ~8, X991- x:30 P.M. CITY CGUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 4, 1997: ~~aYVVed- PROCLAMATION: FFA WEEK: ~~.~.r~~ 1. CHARLES TRAINER, APA: DISCUSSION OF LIGHT RAIL SYSTEM: p~~e.r~.-~-z%`~ 2. TABLED NOVEMBER 19, 1996: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTEN CORPORATION: 3. TABLED FEBRUARY 4,1997: CC&R'S FOR TROUTNER BUSINESS PARK BY JIM BALLANTYNE: z`a~b/~. ~t~T /x~~h, Q~? ~,,,~., 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: Gcdopt ~z~~n-c~e~G 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S WITH DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: d~-~ t`i~ GLppli~a.fil~ - ~~~i-over 6. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT: ~~p~-~r~..e ~%,~ ~C~/C cts ~i~en ~ece ~~prdrre ~ec.~-i ~ 7. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT; TABLED FEBRUARY 4, 1997: Gz~v~~-oiv~ y~~{~i-~~ ~t n-~i'~ionr 6~ ~'h.e C ~C /-' 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW F4R VARIANCE REQUEST BY BUILDERS MASONRY: G~i~ a-tfv-~.c~ ~ ~.e~~ 9. FINAL PLAT: LOS ALAMITOS NO.3 SUBDIVISION, 58 LOTS EAST OF LOS ALAMITQS N0.2, BY FARWEST DEVELOPERS: a~~~-o~~ ~ubj~~t'fr~ ~n.eez~ih rQ~~rre~. e~ tr3'~ J~G~OD~~PwLfL :~>~ ..C~O't. 10. PUBLIC HEAR~NG: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Cc~prove 11. REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER FOR 12+ CHILDREN BY RAYMOND CHACE: ~.: 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: 13. REQU ST FOR A CONDITIONAL USE PERMIT FORA 2,800 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE THRU WINDOW BY JACK IN THE BOX: ~~~r~v:e~ ~/~ ~ C/C C~p~~O~i'2~ Q~Glf%OT.~ 14. MARTY GOLDSMITH: CONTINUED DISCUSSION OF SALMON RAPIDS SUBDIVISION: -~,~~ i~~`~ /.~.c~- ~ f' 15. INTERSTATE CENTER: DEVELOPMENT AGREEMENT, CC&R'S, AND NON-DEVELOPMENT AGREEMENT:. C~~P~d~'~ d~c~cr~+..~wt`s ~~i~'k- ~~~j cttt~rch~~ ~ ap~~-ao ~.e~ 16. TED CUNNINHAM: REQUEST FOR HOOK UP TO CITY SEWER AT 125 BLUE HERON LANE: 1-e~~e~'~- fry 6P amble r,~,t~i~ ~~~zck~~~ih~.- 17. DEPARTMENT REPORTS: A. GARY SMITH, CITY ENGINEER: 1. BID RESULTS FOR AWARD OF CONTRACT F4R CLEANING AND T.V. INSPECTION OF SEWER SYSTEM: CepP% ova ~6icL ~'rrrn. /',~~1~«Il e i~a.~ f fvi ee Co . 2. CITY WELL N0. 17: BYPASS DISCHARGE PIPING (LOS ALAMITOS SUBDIVISION): ap~o~-otr~ ~i~c:e~se a~~e~rr,e~wi-~h ~/ah.~~~/rft~a~ak, s'7~Yi~afil~ B. WILL BERG, CITY CLERK: 1. AGREEMENTS FOR 1995 FY & 1996 FY AUDIT: up~,r-o~.e,. 2. MINUTES OF SPECIAL JOINT MEETINGS WITH ADA COUNTY COMMISSIONERS: ap~rov~e..- „~c~, ~„~~~ ~qq6 z:7.7~. ~~f~ lRg7 18. EXECUTIVE SESSION: /~ • 28'x, ~~~7 CITY OF MERIDIAl`' PUB~,IC MEETING SIGN-UP SHEET NAI`!~E PHONE NUMBER f` i~ r := ~ -~ ~ ~~ ~~ ' w ~ ~ ~ ~ ~~ r ~~ BEFORE THE PLANNING AND ZONING CON~ISSION OF THE CITY OF MERIDIAN EAGLE PARTNERS L.L,C, ANNE7~ATION AND ZONING LDT 1 DF AMENDED MAGIC VIEW SUBDIVISION 6 03 5[~UTH EAGLE ROAD MERIDIANr IDAHO AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having came on far cansideration by the Planning and Zoning Commission and the City Council on various dates and at the hour of 7:30 o'clock p,m~., or as soon as possible thereafter, on said dates, and continued to, and for, additional public hearings, all at the Meridian Ci~:y Hall, 33 East Idaho Street, Meridian, Idaho, and the Petitioner's representative, Billy Ray Strite, of BRS Architects, appearing and the Planning and Zoning Commission and the City Council having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Lom~nission makes thF following amendments: FINDINGS OF FACT 1, That notice of the time and place of the public hearing on the annexation and zoning, and a summary of the proposal under cansideration, fall hereafter referred to as the "notice"~ was mailed, by certified mail, to property owners within the area under EAGLE PARTNERS - ANxIExATION AND ZONING PAGE ~- 1 FI~;DINGS OF FACT AND CON~'LUSIONS OF LAW consideration and to those property owners within 3~~ feet of the eternal boundaries of the Applicant's property and, additionally, published for two ~2} consecutive weeks prior to the Planning and Zoning meeting and public hearing on July 9, 1996, and the City Council meeting and public hearing an November 19, 1996, and the publications of notices of said meetings and public hearings were given fifteen MI5} days prior to said meetings and hearings; the Applicant also posted the property with notice of the Planning and Zoning Commissioner hearing, as requiredl additionally the applicant delivered a sworn notarized statement that the list of property owners given are the owners of the property as shown by the records of the Ada County Assessor; a:c~d one ~1} week prior to the hearing the Applicant posted a copy of the notice of hearing on the property; and after the property was posted, the Applicant delivered, to the Zoning Administrator, a notarized statement that Applicant had posted the property and the date the posting was done. The Application was duly considered at the Planning and Zoning July 9, 1996, hearing and was continued to the August 13, 1996 hearing, at which time the Planning and Zoning Commission duly considered the Application and Findings of Fact and Conclusions of Law were subsequently adt~pted, the Application was duly considered at the City Council hearing on November l9, 1996, which was continued to December 17, 1996, which was continued to January l7, 19 9 7 , when the final portion of the hearing was ~~eld by the City EAGLE PARTNERS ~- ANNEXAZ~IDN AND ZONING PAGE -- ~ FINDINGS DF FACT AND CDr~CLUSZDNS DF LAw Council and at which time the City Council duly considered the Application, and Findings of Fact and Conclusions of Law were subsequently adapted by the City Council on February 18, 1997; that t~.e public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4.13 ~5,~1~ acres in size. 3. That the property is presently zoned by Ada County as R- T; that the .Applicant requests that the property be zoned C-G, General Retail and Service Commercial for the purpose of improving the described property into a commercial development to include a convenience store with food service, gasoline sales, care wash and a hotel with amenities. 4. That the property is located on S. Eagle Road just north of Interstate I-84; that the property immediately to the south is the newly constructed Jackson's Food Store; that to the east is the new St. Luke's West site. 5 . That the owner of record of the above referenced property is Gerald W. and Deloris B. Marlin, they have consented to the application, and have requested this annexation and zoning; the application is not at the request of the City of Meridian. 6 . That Mr . and Mrs . Marlin have entered into a purchase and EAGLE PARTNERS - ANNExATIQN AND ZONING PAGE - 3 FINDINGS OF FACT .AND CCNCLUSIGNS OF LAW sale agreement of the subject property with Terry Debban and Mark Jensen as buyers. 7. That the law firm representing Eagle Partners requested a deferral of the scheduled public hearing for July 9, 1996, and to reschedule it to the August 13, 1996 hearing, in order to meet with property owners adjacent to the subject parcel. 8. That the Meridian City Planning Director, the Assistant to the Meridian City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full. ,, 9. That Bruce Freckleton, Assistant to the City Engineer, submitted comments and they are incorporated herein as if set forth in full as fol lo~~s 1. That the legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right-af-way between t~~e subject site and the St. Luke's site. Applicant shall submit an ar..nexation perimeter legal description far the proposed site, which shall include all those portions of adjacent Public Rights-of-Way contiguous to the Corporate City Limits of the City of Meridian, and 1; 2 of all other adjacent Public Rights-of-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho and shall conform to all the provisions of the City of Meridian Resolution No. 158 and must place this parcel contiguous to the existing city limit boundary. 2. That any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance, and should be shown on the site plans; that the plans will need to be approved by the appropriate irrigation/drainage district, or lateral user association, with written confirmation EAGLE PA~tTNERS - ANNExATION AND ZONING PAGE - 4 FINDINGS OF FACT AND CONCLUSIONS t~F LAW of said approval submi Department• tted to the Public W that no variances hav orks for tiling of an ditc a been requested y hes crossing this ro' 3. P ]ect. That any exlstin dame ' systems wit ,g stic wells and/ar se ' hIn this project will ha ptic from their domestic serv' Ve to be x'emoved wells may be used ice per City Ordinance, but la for non-domestic ur ose ndscape irrigation, p p s such as 1~• That Bruce Freckleto ' n submitted site specific co mments and they are as follows: l• Sanitary sewer Servic e could be to the existin line installed in Ma is g adjacent to t q view Drive directl he south. y ~• That water service to the proposed site could be to the existing water line been ' northerly side o g Installed along the f Magic view Drive th Applicant shall provide the P ~ ' at the with info ubllc Works Department rmation on anticipated fire domestic water re uireme flow and q nts for the proposed site. ~• That assessment fees f or water and sewer service are determined dura.ng the bus ' process that ~ lding plan review the Applicant shall be re ' enter into an Assessment A ree qua-red to Meridian; that ~ , g ment with the City of In addition to these assessmen water and sewer Late Comers f ts' charged against th' ees will also be is parcel to help reimburse the parties responsible far inst ' sewer mains t ailing the water and o their current points. 4• That water service " to this development is contingent upon positive resu anal sls, its from a hydraulic Y Flaw and pressure from t " mains should be rnon' he ex~sting De a stored with the Meridian Wat p rtment to determine whether er would be re aired a booster pump rote q to provide adequate fir p coon to the third floor e building, °f the hotel ~. The treatment ca acit o Wastewa p Y f the City of Meridian's ter Treatment Plant is cur evaluated; that a rova rently being to be Pp 1 of this application needs contingent upon the Cit 's abil' the additional san' y itY to accept nary sewage generated b th' proposed develapment, Y is EAGLE PARTNERS ~- ANNExATION AND FINDINGS OF FAO ZONING PAGE T AND CONCLUSIONS OF LAW ~ 6. That the Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the prapo~sed site. Location and suing of the new main should be coordinated with the Meridian Water Department. 11. That the Planning and Zoning Director, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; she commented, basically, as follows: 1. ACRD, ITD, the applicants and adjacent property owners are working to determine if the existing traffic light can be moved to Magic View Drive. If this can be accomplished, it may alleviate some of the concerns of the adjacent property owners. If this is not accomplished, a public road right-of- way must be dedicated from the existing traffic light location to the west property line. Across access agreement will be required to the adjacent praperty to the west for circulation purposes. Customers from Jackson's will undoubtedly cross through the parking lot to utilize the traffic signal, particularly if they desire to travel north an Eagle Road, if the signal is not relocated. 2. The Applicant is proposing a fifteen-foot 415' landscape setback on Eagle Road and Magic View Drive. Jackson's was required to have a thirty~- five-foot ~ 35' ~ landscape setback on Eagle Road and a twenty-foot ~ 2D' ~ landscape setback on Magic View Drive. The berming detail for Eagle Road included in the application may create the illusion that there is more landscaping and may be justification f ar reducing the thirty-five-foot X35'} width. 3. Sidewalks are to be provided adjacent to all public right-af-way, Submit approval letters from Ada County Highway District/Idaho Transportation Department for work within their respective rights- of-way. Provide a copy of the recorded warranty deeds for needed roadway dedication prior to obtaining building permits. 4. Drive-through requires enclosure on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. A six-foot ~6'~ high EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - 6 FINDINGS CF FACT AND CONCLUSIONS GF LAW masonry wall shall be constructed prior to obtaining building permits along the northern and westerly boundaries of this property. 5. Twenty-foot X20'} planting strips are required adjacent to residential use; this could be reduced with construction of masonry wall. Area shown as lawn is not to be replaced with bark, rock, etc. 6 . A minimum of one ~ 1 y three-inch ~ 3" ~ caliper tree is to be provided for every 1,54D square feet of asphalt. Provide a detailed landscape plan that includes sizes and species of plants for approval prior to obtaining building permits. Landscape plan is not to be altered without rp iar, written approval of the Planning & Zoning Department. 7. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. S. A Certificate of Occupancy BCD) must be received prior to operation. This Co must be approved by the Building Department, Fire Department, Planning & Zoning Department, and all agencies. Phasing of improvements for perimeter landscaping, tiling of ditches, fencing and roadway improvements will not be permitted. 9. The speaker location is not shown - system shall be designed, to alleviate impact on neighboring residential and not be louder than 55 decibels at property line. 10. Signs shall meet the Uniform Sign Code and City ordinance. Signs similar to that erected at Jackson's an Eagle Road will not be permitted. l1. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties. Shrouding of lights will be_ required, for the Chevron canopy, and no certificate of occupancy, temporary ar otherwise, will be issued until this shielding has been completed. No building permits will be issued unless shrouding of the canopy is included on the building plans. l2. All uses on this property must be approved through the conditional use permit process. Changes to an approved plan will require additional hearings. EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - 7 FINDINGS OF FACT AND CQNCLUSIaNS OF LAW 13. Provide signage and ramping for handicap parking spaces per ADA requirements. 14. A development agreement is required as a condition of annexation. 12. That the Ada County Highway District ~ACHD~~ submitted comments, and they are incorporated herein, as if set forth in full; that District staff concurs with the assessment of Ms. Stiles regarding the future land use development anticipated on the west side of Eagle Road in the vicinity of the Eagle Road Interchange and that plans for a public road should be made to enable traffic from that developable area to have improved access to State Highway 55 Eagle Road; that District staff requests that the City only grant conceptual approval of the conditional use permit at this time, but defer specific ,approval of.__the site._,.plan to permit the Distr~.ct to resolve the matter. ~~CHD submitted its final comments which included Facts and Findings, a Special Recommendation to Meridian, Special Recommend to tr.e Idaho Transportation Department ~ITD~, Site Specific Requirements, Standard Requirements, and Conclusions of Law, which were submitted to the City with a letter dated January l0, 1997, and all of the comments are incorporated herein as if set forth in full; that of specific note is the Special R~ecammendation to redesign the fueling s~.ations to orient north south, the Special Recommend to I'rD, the following Specific Requirements, to wit: 1. Dedication of a right-of~-war f or a new public street adjacent to the parcel's north boundary which shall align w~.th the entry road for St, Luke's Regional Medical. Center. EAGLE PARTNERS -~ ANNEXATIG'N AND ZGNING PAGE -- 8 FINDI~;GS GF FACT AND CQNCT t1SIO~1S of LAW 13. Provide signage and ramping for handicap parking spaces per ADA requirements. 14. A development agreement is required as a condition of annexation. l2. That the Ada County Highway District ~ACHD} submitted comments, and they are incorparated herein, as if set forth in full; that District staff concurs with the assessment of Ms. Stiles regarding the future land use development anticipated on the west side of Eagle Road in the vicinity of the Eagle Road Interchange algid that plans for a public road should be made to enable traffic from that developable area to have improved access to State Highway 55 Eagle Road}; that District staff requests that the City only grant conceptual approval of the conditional use permit at this t~.rne, but defer specific approval of ,the, site, plan to permit the District to resolve the matter. ACHD submitted its final comments which included Facts and Fa.ndir~gs, a Special R~:commendation to Meridian, Special Recommend to the Ir~aho Transportation Department ~ITD}, Site Specific Requirements, Standard Requirements, and Con~lusians of Law, which were submitted to the City with a letter dated January 10, 1997, a~~d all of the comments are incorparated herein as if set forth in full; tha~ of specific note is the Special Recommendation to redesign the fueling stations to orient north-south, the Special Recommend to ITD, the following Specific Requirements, to wit: 1. Dedication of a right-of -way far a new public street adjacent to the parcel's earth boundary which shall align with the entry road for St. Luke's Regional Medical Center. EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - $ FINDINGS GF FACT AND CaNCLUSICNS of LAW 13. Provide signage and ramping for handica arkin spaces er ADA re ui p p g p q cements. 14. A development agreement is required as a condition of annexation. 12. That the Ada County Highway District ACHD submitt ~ ~ ed comments, and they are incorporated herein, as if set forth in full; that District sta ~~~; concurs with the assessment of Ms. ' Stiles regarding the future land use development antici ated on the w p est side of Eagle Road in the vicinity of the Ea le Road Inte g rchange and that plans for a public road should be made to enable traff' is from that developable area to have improved access to State Hi h g way 55 Eagle Raad}; that District staff requests that the Cit an y ly grant conceptual approval of the conditional use permit at this time, but defer s ecif is a naval of the site lan to er ' p mit the District to resolve the matter. ACRD submitted its final comments which included Facts and Findings, a Special Recommendation to Meridian, S ecial Reco p mmend to the Idaho Transportation Department ~ITD , Site S ecific ~ p Requirements, Standard Requirements, and Conclusions of Law w ' hich were submitted to the City with a letter dated Januar 10 1997 ~ r ~ and all of the comments are incorpa~rated herein as if set forth ' in full; that of specific note is the Special Recommendation to redesign the fueling stations to orient north-south the S eci p al Recommend to ITD, the following Specific Requirements to wit: 1. Dedication of a right-of-way for a new ublic street ad ' acent to t p ,he parcel's north boundary which shall align with the entry road for St, Line's Regional Medical Center. EAGLE PARTNERS - ANNExATI~N AND ZONING PAGE - $ FINDINGS 4F FACT AND CCNCLUSIGNS OF LAW ~ . Dedicate 2 9-feet of ri ht-of centerline of M ~ g waY from the agic view Drive, 3. Comply with IDT requirements for St ' ~Ea le Raad ate Highway 55 g ~ frontage. 4. An easement for a temporar ublic to rovided at t y p rn-around be p he west end of the new street. ACHD also submitted Standard Re uiremen.ts ' q , which are also specifically noted herein. 13. The Meridian Planning and Zoning Commission a ro pp ved and adopted Findings of Fact an the Application, which are hereby incorporated herein as if set forth in full. 14. That testimony and evidence was submitted to the Meridian Planning and Zoning Commission at the public heaein s and as g part of the record for this Application; that of particular note is th e testimony, given by Billy Ra Strite Steve B Y , town, Marty Seager, and George Kiler, in favor of the Application; and the testiman y of Richard Williams, John Jackson, Howard Foley, Br an Diamond Y , Chuck Horell, Ted Hanson, Dennis Nielson, Sharon Christianson Rod Truax and Jane Butterfield, given against the Application that al r 1 of testimony and all of the record pertaining to the A lications pP for the annexation, zoning, and the conditional use ermits fo p r the businesses to be placed on the propert b the A lic Y Y pp ant, are incorporated herein as if set forth in full. That comments and claims were made that the notice of the hearings was inadequate and not all of the ea le that wow p p ld be impacted by the development were notified. The Cit se ' y nt notices to all people within 300 feet of the external boundaries of the property included in the Application, as re wired b the Zon' q y ing EAGLE PARTNERS - ANNEXAT2oN AND 2oNING PAGE -~ FINDINGS OF FACT AND ~ CoNCLUSIQNS of LAW ordinance and the Local Plannin Act• additi ~ ' g , ovally, notice of all hearings was published in the Valle News the ' Y official newspaper of the City of Meridian for fifteen da s rior to ' Y p the hearing, the first of which publication was published f if tee ' n days prior to the hearing. The Local Planning Act states that if the re are more than 200 residents who are entitled to notice that ' the notice must be published. l5. That testimony before the Meridian Cit Council was ' Y given at the public hearings held on November 19, 1996 December - 17, 1996, and January 17, 1997; documents, lots drawin p gs, letters, and other documentary evidence were submitted to the Cit to y become part of the record; that all of testimony and record ertaini p ng to the Applications for the annexation, zonin and the g, canda.ta.anal use permits for the businesses to be placed on the ro e p p rty by the Applicant, are incorporated herein as if set forth ' in full; that some of the testimony at the hearings from the various eo le p p ,such as the Applicant's representative, Mr. Strite stated that there exists 40,000 vehicles per day travelin throw h t ' g g he intersections the Comprehensive Plan of the Cit of Meridian sh Y ows the property as a commercial site, the land uses are subject to chap e g ,and a~.l the noted points are consistent. Ann Bolen testified that no one could have ima fined 28 g years ago haw busy this area would be; that she urchased ro e ' p p p sty in the area three years ago; the development is not a transitio • nal use, the privacy of the residences in the area will be im in p ged, double EAGLE PARTNERS - ANNExATIaN AND ZONING p FINDINGS OF FACT AND CCNCLUS AGE - 14 IQNS OF LAw front lots and trash ick p up at the northwest corner i s not a transitional use; the can hea y r the loud speakers from t he Texaco station; headlights reflect ' into two story bedrooms. t d , he evelopment against the freewa i Y s bad; eventually there will be only two accesses; the decision i s about more than five acres ~ t hey want to alleviate traffic but thi ' s project would increase the traffic; she questioned whether a small motel would be nice and if two stories was sufficient; the li ghts at Chevron are real bad ~ t r he lights shine out not dawn that - there are safety concerns far the children in the area. Conside ' ration must be made for the neighbors. There are serious u q ality of life Issues presented by the approval of the application. The pra~ect is poorly lanned a P nd will increase the amount of con ' gestion in the area. The ro ' ect p J presents a contest between ualit q y of life and business ~corporations~. She and the oth ' er residence deserve to feel safe and have a high qualit of li y fe. She requested that this application be denied. Sharon Christianson testi ' fled in opposition to t he application. She testified as follows. She agrees with t he testimony of Ann Bolen. She tho ught Meridian was an a ricultu g ral town. She can see people sittin ' g at red lights, They will have roads on three sides. If the ro e ' p p xty is developed- she desires work only during daylight hours. ' zt is wrong that sixt five Y percent of the traffic goes to St . Luke' s. Every car goes to the gas station. Lights shine into her house and she hears all the EAGLE PARTNERS - ANNEXATIQN AND ZpN . FINDINGS 4F FA ING PAGE - 11 CT AND C4NCLUSIGNS aF LAW noise. There is a loss of r' p ivacy. The water wil-1 be olluted p Requests denial of the a licat' pp ion. John Johnson testified at the J anuary 2l, 1997 public hearin g in opposition to the a licati PP on . He testified that he i s not here to oppose the use or com etiti p on, but the road. There was no mention as to how this road is ' going to be done. There is considerable traffic; 11,OQ0 cars ' traveling to McDonald's and Chevron. His access will be seve rely hampered, The traffic is going to be a real problem. He w as shocked to hear that ACRD and IDT have approved this access. He had no idea th,~s road had been approved. The City of Meridian should m ake a quick decision. He requested a the denial of the ap lication. P He read the letter from IDT which included too much cross-traf f is . His business would fail because of the extensio n of St. Luke s roadway. Carla Osborn testified in o ositio Pp n to the application, She stated how nice living in Green Hills Estate was. She asked the City Council if the would 1' ' Y ike this development in thei r backyards, and if not, the a lic ' pp anon should be denied. Dick Williams testified the ro' p sect is a very intense use, many uses. The lights from th e development will shine into neighboring residential bedrooms. ' The hotel is a permitted use but Chevron and McDonald's are not ' permitted uses. Chevron and McDonald's are permitted onl b a co y y nditional use permit. The Comprehensive Plan does not desi n ' g ate this area as a commercial use. The zoning of the propert must Y fallow the Comprehensive EAGLE PARTNERS ~- ANNEXATION AND ZONI FINDINGS OF FACT ~ NG PAGE - 12 AND CONCLUSIONS of LAW Plan. If the Comprehensive Plan was o pen for amendment, amendment would prevent lengthy meetin s. This ' g project conflicts with existing plans which show this are a as residential. The subdivisions in the area are in excess a f twenty years old. This type of project has been proposed at Chinden and Eagle Road, and the project was turned down by Boise. The ' project does not fit into the area in which they want it to o. g He offers to work with the City of Meridian to have good lannin ' P g The noa.se created would exceed the federal levels, Jackson was re ue q sted to have 35 feet of set back as was St. Luke's, and this ro' p sect should also have 35 feet of set back. The pumps are turned eas t and west, but ACHD said north and south. There is not enou h ' g parking spaces; 30 spaces short of the required spaces. Chuck Horrell testified in opposition to the a li ' pp cation. He testified concerning domestic water and nois e level being problematic. The State of Idaho West Head Protection Plan should be adopted into Comprehensive Plan. The noise ord' finance should be incorporated into the Comprehensive Plan. There are alter ` natives to highway and uses with commercial desi nation. g Howard Foley testified that many of his concerns h ave been addressed by the Applicant. The notice ravis' p ions were not followed. Notice must be sent to peo le within 30Q P feet and those affected. The Planning and Zonin Administrat ' g or has failed to notify the people wham are affected. No notice of the road had been given. Notice must be mailed as to what is to come before the EAGLE PARTNERS -ANNEXATION AND ZONING FINDINGS of FACT .AND CoNCLUS PAGE 13 IONS OF LAW City Council . What is fair and a ro ' pp prlate has nat been done. The ordinance requires appropriate notice . There are more than Zp0 people wham are affected that mus t have notice mailed to them. David Swenson testified that there is plenty of argument to approve or deny the application. What is un ' derlying Is the principle involved. The Cit Council c Y an tell that the communit Y cares about what is done. He appreciates art' ' p icipating, but feels they are being steamrolled. The communit ' y a.s against the proposal, but feels they are being overlooked, It does not seem fair to Jackson's. They do not need another Gear ,? ammer. The community does not want this. He wants to hear t ' he thlnka.ng of the City Council if this application is a roved. pp Dean Kit testified something is dramaticall y wrong . There ~, s too much congestion and have to cross too many lanes of traffic . The stop light should have been at Jacks on s , not at St . Luke ' s ; poor planning. Far those that have to travel i n the area, it a.s bad. There are fatalities in the area a ' nd similar types of areas. Mark Bolin testified in opposition to the ' applicatian. He stated that his concern is the lack of la p nning and dealing with the area as a whole. The traffic issue ' s are complicated. The traffic is worse than at the mall. There is ~ 5 feet of right-~of way which is too small with the number of tri ' ps Involved. Everyone is interested in seeing the develo pment of the area planned correctly. Glenn Griffiths also testified that he represented Montvue EAGLE PARTNERS - ANNEXATION AND ZONING FINDINGS of FACT AND CQNCLUSIONS PAGE - 14 of LAW Park Subdivision and was there to support the position of Greenhill Estates Subdivision to have this Application denied, He stated that the parcel was too .small, that it would generate traffic, that people already use the turn lane for advancement rather than turning, that the stop light at St . Luke's should be moved to Magic View Drive, and so many businesses are being added that it would not be too long before traffic would not be able to move. 16. Mr. Suite had comment in response to those people testifying against the Application, and the Mayor and City Councilmen had questions and inquiry far Mr. Suite, all of which is incorporated herein as if set forth in full. Mr. Strite commented that the roadway between the development and the proposed motel was the largest topic; that the Application was submitted without that roadway, but the Applicant was compelled to provide it by ACHD; that it was the City's Comprehensive Plan that, to ACHD, determined the need for the road; that the roadway was not a result of the Application and had nothing to do with the Application; the roadway was only provided to move traffic and those uses coming from the west; he stated that the roadway was going in there whether this Application was approved or not; it was there only to move traffic; the five acres was reduced to 4.4 acres because of the road; he supported moving the traffic light from in front of St . Luke's down to Magic View. ACHD and IDT have not required that a traffic study completed. He would like to eliminate the raadwa Y as an issue in the consideration and approval of the application. EAGLE PARTNERS -~ ANNE~ATIoN AND ZONING PAGE -- l5 FINDINGS aF FACT AND CONCLUSIQNS DF LAW There is a very good possibility that the traffic signal light will remain where it is. l7. That City Councilmen Bentley, Rountree, and Morrow stated to the audience at the public hearing their thinking at that time on this project and such are specifically incorporated herein as if set forth in full ; that in summary it was Councilman Bentley stated initial position that he had a problem with the roadway, that the entrance to the City at Eagle Road would not be enhanced and protected and a 2 4 -hour gas station, a ~ 4 ~-hour hotel , and a 2 4 ~-hour motel do not provide that enhancement or protection; he felt that a better location for this type of project would be south of the Interstate. Councilman Rountree simply stated that this was not going to be the first or last development to be proposed for this area but at this paint he was not~xel~~ to support the Application. Councilman Marrow stated that there were people who had testified tonight that had previously supported regional malls in this area, had supported Eagle Road being expanded, and supported the interchange being located at Eagle Road and I-84, all of which were planned for the growth of the City. That with respect to this project, he stated that the City needs to lank at all seventy-five acres; that the road proposal for this usage, and any other usage, is inadequate and was not very well thought out by ACRD. Further, he stated that the City has been requiring thirty-five feet of landscaping along entrances into the City and he wanted to see that EAGLE PARTNERS - ANNExATIoN AND ZONING PAGE -~ l6 FINDINGS of FACT AND CONCLUSIONS of LAW continued. Also, that he was not convinced that it was in the City's best interest to allow a motellhotel to be located as adjacent as this one would be in relation to Greenhill Estates and there needed to be a better division between whatever is constructed at this location and the existing neighborhood. For the reasons stated he indicated that he would not be su ortin pp g the Application and the Findings of Fact would further reflect his opinion. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Plannin Area U.S.P.A. g ~ ~ as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 19. That the property can be physically serviced with City sewer; that the Assistant to the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon positive results from a hydraulic analysis by the City's computer model. 2~. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial and industrial uses. 21. That the land is in a Mixed/Planned Use Development Area in the Meridian Comprehensive Plan and the following pertinent EAGLE PARTNERS ~- ANNEXATION ,AND ZONING PAGE - 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW statements are made in the Plan: A. Under ECONOMIC DEVELOPMENT Econom' Statement is Development Goal Policies, Page l9 1.1 The City of Meridian shall make create a ositiv every effort to p e atmosphere which encourages industrial and commercial enter rises to to ' Meridian . p Cate a.n 1.~ It is the policy of the Cit of Merid' Y ian to set aside areas where commercial and in ' interests and a ' ~ dustrial ctivlties are to dominate. 1.3 The character, site improvements and t e yp of new commercial or industrial developments should be harmonized with the natural environment and res the uni~ue needs and pect q features of each area. l.5 Strip industrial and commercial uses ar ' compliance with the e not in Comprehensive Plan. 1.6 It is the olic of the Cit of Meridian t o su ort sho in facilities which are effect' ivel irate rated into new or existin residential and lan for new sho in ce areas raters as rowth and develo ment warrant, Emphasis Added. 1.8 The City of Meridian intends to establish ' Review ordinance wh' a Design ich will foster compatible land use and design within the development and with contiguous developments; and encoura a innov ' in buildin techni g ata.ons g ques, so that the growing demands of the community are met, while at the same ' providin far the of time g f iclent use of such lands . B. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, East First Street Cherry Lane, Fairview Avenue, and Meridian Roads and include small commercial center and individual businesses. Uses include ret ' ail, wholesale, service, office, and limited manufacturing. ~. GENERAL POLICIES, Page 23 EAGLE PARTNERS - ANNEXATION AND ZONING FINDINGS of FACT AND CQNCLUS PAGE ~ 18 IONS OF LAW l , 3 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential sprawl or spread}. 3. COMMERCIAL POLICIES, Page 26 a. 4.4U Locate new planned Neighborhood Commercial Centers ~8-8 acres} on arterials ar collectors near residential areas in such a wa as to com lement but not conflict with ad'oinin residential areas. Emphasis added,} b. 4.5U Discoura e isolated nei hborhood commercial develo ment in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation, Emphasis added.} c. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. d. 4.8U Encaura a commercial uses offices and medical-care uses to locate in the Old Town district business arks sho in centers and near hi h-intensit activit areas such as freewa interchan es. 4Emphasis added.} 4. MIXED-PLANNED USE DEVELOPMENT, MIXED-USE AREAS ADJACENT TO I-84, OVERLAND, .AND FRANKLIN ROAD Page Z7 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freewa ~I-84}, are relativel leve y y 1 in topography, have a distinct linear shape, and are greatly affected b Conti uous industrial res' y g ~ idential and commercial land uses. In order that com atible land uses and efficienti use of the land might occur, this corridor a.s anticipated far a variety of planned com atible mixed uses , Probable ma~xed uses for the areas could be commercial, combined medium-to-high density residential, open space uses ~ as a means to EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - 1~ FINDINGS OF FACT AND CONCLUSIONS OF LA~1 buffer highway noisey, tourist lodging, industrial office, medical, and related land uses, ~ Emphasis Added. a • 5.6 The develo ment of a variet of com atible land uses should be rovided in specific plans and proposals for future development. tEmphasis added, b. 5,? Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. c. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are com atible with the surroundin nei hborhoods, Emphasis added. d. 5,9 The inte rit and identit of an ad'oinin residential nei hborhood should be reserved throw h the use of bufferin techni ues, including screen plantings, open space and other landscaping techniques. Emphasis added. e, 5.14 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, f. 5.11 The character, site improvements, and type of development should be harmonized with reviousl ~- develo ed land in the area and where located ad'acent to or near an existin residence or residential area shall be harmonized with residential uses and all reasonable efforts shall be made to reduce the environmental im act on residential areas includin noise and traffic reduction. Emphasis added. g, 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the EAGLE PARTNERS - ANNExATIgN AND ZONING PAGE - 20 FINDINGS OF FACT AND C~NCLUSIQNS QF LAW `. ~`. Comprehensive Plan, h' 5.13 Clusterin control g °f uses and led access points alon ante ~' and collector street ~ g rlals s will be required. i. 5.14U Because these areas 84, Franklin and R are near I- oads, high-quality visual appearance is else ' develo ment ntial~ All p proposals in this area will be subject to develo m guidelines a p ent review nd conditional use permittin procedures. g 5 15U 7' The mixed use area in vicinity of the p the verland Road/Frank~.in Road/ Eagle Road/I--84 interchan ' priority develo ment ar ge is a P ea. ~• Under TRANSPORTATION, Pa e 42 g 1. Existing Conditions a. I-84 is listed as a princi al arte ' P real b. Eagle Road, is listed as a Principal Arterial. D. Under COMMUNITY DESIGN at Pa e r g 72 1. Entryway Corridors a. Eagle Road (North and South entrances). 2. Entrance Corridors Goal S tatement - Pramote~ encourage, develop and maintain dent i pleasing a roaches hetlcally pP to the City of Meridian. 3. Policies, Page 73 a. 4.3U Use the Cvm rehensive subdivisio ~ p Plan, n regulations, and zoning to discourage strip develo me encoura a cl p nt and g ustered, landscaped business development on entrance corrido rs. b. 4.4U Encoura a landsca ed setbacks for new develo ment on entrance corrid The Cit shall re uire as ors. a condition of develo ment a royal landsca i n alon EAGLE PARTNERS - ANNExATIQN AND ZON FINDINGS OF FAC ING PAGE - 21 T AND CGNCLUSI4NS OF LAW all entrance corridors. Emphasis Added, 4. Quality of Environment Goal Stateme nt. Page 73 Sustain, enhance and promote those elements ' contribute to the u which q ality of local environment as an inducement for liveabilit and b ' develo ment in Mer' y usiness p idian, 5. Policies a. 5.1U Preserve the aesthetic natural resources of the Meridian area, b. 5.2U Ensure that all new develo ment enhances rathe p r than detracts from the visual ualit of its surroundin s, especially in areas of prominent visibility, Emphasis Added, 6. Neighborhood Identify Goal Policies, Pa e 74 g a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and re wire effective buffers and miti anon measures throw h conditional use ermits when a ro riate nonresidential uses are rv osed. Emphasis Added. 21. That the requested zoning of General Retail and S ' ervice Commercial, ~C-G~ is defined in the Zonin ordinance at 11- - g 2 448 B, 11. as follows: C-G General Retail and Service Commercial: The ur ose the ~ C-G ~ District is to r p P of p, ovide for commercial uses which are customarily operated entirely or almost entirel with' building; to provide for a rev' ~ y in a iew of the impact of proposed commercial uses which are auto and service oriented and located in close proximit to ma'or are y ~ ha.ghway or arterial streets; to fulfill the need of travel related services well as retail sales for the transient and as permanent motoring public, All such districts shall be connected Munici al Water and Se to the p wer systems of the City of Meridian, and shall not constitute strip commercial develo ment encoura a clusterin of ~ ~ p and g g commercial development. EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - FINDINGS of FACT AND CnNC 22 LUSIONS OF LAW 22. That Section 11-2--409, ZONING SCHEDULE of USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Convenience Stares, are not listed as allowed uses in the General Retail and Service Commercial ~C-G~ district, but as conditional uses; that Service Stations, Retail Stores and hotels are listed as allowed uses in the General Retail and Service Commercial ~C-G~ district. 23. That Planned Development is defined in 11-2-403 B, at page 20 of the Zaning ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or mare created districts or this ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions, This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or ,a PD which includes a mix of residential, commercial or Industrial uses." 24. That under 11-2-409, ZONING SCHEDULE of USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 25. That in 1992 the Idaho State Legislature gassed amendments to the Local Planning Act, which in 67~-6513 Idaho Code, EAGLE PARTNERS - ANNEXATION AND ZONING PAGE - 23 FINDINGS OF FACT AND CONCLUSIONS of LAw relating to subdivision ordinances s totes as follows: "Each such ordinance may provide for mi ' of subdivision de tigatlan of the effects velvpment on the abilit of oli ' subdivisions of the state incl y p tical deliver servi ~ uding school districts, to ces without compromisa.ng qualit of serv' delivery to current residents ar " y ice additional costs u on curre imposing substantial subdi p nt residents to accommodate the vision."; that the City of Meridian is concerne " d with the increase in population that is occurring and with its im a p ct on the City being able to provide fire, police, emer enc healt g y h care, water, sewer, parks and recreation services to its c ' urrent residents and to those moving into the City; the City is also concerne ' d that the increase in population is burdenin the schools g of the Meridian School District which provide school service to current and future residents of the City; that the Cit know y s that the increase in population, and the housing for that o u ' p p lotion, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care w ater, sewer, parks and recreation services; and the Cit knows that y the increase in population does not provide sufficient tax base to provide for school services to current and future stude nts. 26. That pursuant to the instruction ui g dance, and direction of the Idaho State Legislature the Cit ' y may impose either a development fee or a transfer fee on reside " ntial property, wha.ch, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safet y of the citizens of the City of Meridian. EAGLE PARTNERS - ANNExATION AND ZONING FINDINGS ~F FACT AND CQNCLUSI4NS PAGE ~ 24 of LAW ~ 7 . That Section l l.. ~ 6~5 ~ states as fo , llows. rr Right~of -way for ede ' blocks ma P strlan walkways in the y be required where ne middle of ion pedestrian clrcula cessary to obtain co g tion to schools nVenient the pedestrian easement - parks or shoApin areas• wide." shall be at least to g - n feet ~ ln' ~ ~$. That Section 11-9-~ ~~ G 1. states as folio ws; ''Planting strips shall be ' incompatible feature required to be placed next t s such as highways, railroads ° or industrial uses to sore commercial properties. Such en the view from residents screening shall be a minimu al ~ ~ 4' ~ wide, and shall not be m of twenty feet of way or unlit a part of the normal street ri y easement." ght Zg. That Section 11-g_~pg H ~. states as follows: "Existing natural features ' develo ment which add value to resid ' p and enhance the attractivene enta.al such as trees, watercours ss of the community irreplaceable ~ ~ es- historic spots and sim' amenities} shall be reser liar the subdivision;'' p ved in the design of ~4. That Section 11-9-~0,5 ~ states as follows: "The extent and location of space corrid lands designed far linear ors should be determined b not open to lesser extent, b man y Ural features and, easements tra y. -made features such as uti ' - nsportation rights of wa lity way. Landscaping, screenin o y °r water rights of may be re wired g r lineal open space corrid q far the protection of resi °rs from adJacent arterial str ~ dential Properties way or other eets- waterways, railroad ri h features. As improved are g is of improved areas a landsc as ~landscaped~, semi ~ aped pathwa onl areas deft in a natural sta y Y~- °r unimproved serve: to}- linear open space Corr' idors 1• To preserve o enness• p r ~. To interconnect ark ri hts p and open space systems withi g of way for trails - walkwa s n y bicycle ways; 3• To play a ma'or role ' J in conserving area scenic natural value, especiall wat and natural habita y e~'ays- drainages and 4 t- • Ta buffer more intensive ad ' a J cent urban land uses; ~• To enhance local ident' if icatian within the area d ue EAGLE PARTNERS - ANNExATIDN FINDINGS QF F ~~ ZGNING P ACT AND CQNCLI]SIONS GF LAw AGE - 25 ~; r to the internal linkages; and ~. To link residential neighborhoods, ark areas and p recreation facilities." 31. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encoura ed ' g within new developments as part of the public right of wa or as separate easements so that an alter Y pate transportation system which is distinct and separate from the automobile c provided throw hout th } an be g e City Urban Service Planning Area. The Commission and Council shall consider the Bic cle-Pedestrian Desi n Manual for Ada Count has prepared b Ada Cou Highwa District when ~ ~ Y my Y } reviewing bicycle and pedestrian pathway provisions within developments," 32. That proper notice was given as required b law and al Y 1 procedures before the Planning and Zoning Commission and Cit Y Council were given and followed, CCNCLUSI4NS ~F LAW A. That all the procedural requirements of the Local Planning Act and of the ordinances of the Cit of Meridian Y have been met; including the mailing of notice to owners of r p operty within 300 feet of the external boundaries of the A pplicant s property. B. That the City of Meridian has authorit to annex land Y pursuant to 50.222, Idaho Code, and Section 11-2-417 of the Revised and Compiled ordinances of the City of Meridian• that exercis r e Of the City's annexation authority is a legislative function. C. That the Planning and Zoning commission has 'ud ed these g annexation, zoning and conditional use ap lications under p Idaho Code, Section 50-222, Title 67, Chapter 65 Idaho Code M ' - , era.da.an EAGLE PARTNERS - ANNExATIQN AND ZONING PAGE - FINDINGS QF FACT AND C 26 4NCLUSIQNS ~F LAW City Ordinances, Meridian Com rehen ' P save Plan, as amended, and the record submitted to it and thin s of whi ' g ch it can take judicial notice. D. That all notice and hearin re uireme g q nts set forth in Title 6 7 , Chapter 65 , Idaho Code and th ' e ordinances of the City of Meridian have been complied with. E. That the Council may take judicial notice of government ordinances, and policies, and of actual coed' itions existing within the City and State, F. That the land within the ro osed anne ' A p xation is contiguous to the present City limits of the C' i ity of Meridian, and the annexation would nat be a shoestrin anne ' g xation. G. That the annexation application has been in' ' itiated by the Applicant, and is nat upon the initiation of the City of Meridian. H. That since the annexation and zonin ' g of land is a legislative function, the City has autharit y to place conditions upon the annexation of land. Burt vs . The Cit o f Idaho Falls 105 Idaho 65, 665 P.D 1Q75 X19$3}. I. That the development of annexed land must meet and comply with the ordinances of the Cit of M ' y eridian and in particular Section 11-9-616, which pertains to develo ' pment time schedules and requirements, and Section 11-9-605 M. which - pertains to the tiling of ditches and waterways and 11-~g_6Q6 ~ " 14 . , wha.ch requires pressurized irrigation. J. That the City adopted the Com rehensiv " p e Plan at its EAGLE PARTNERS - ANNExATIQN AND ZONING FINDINGS of FACT AND CONCLUSIONS PAGE - ~7 OF LAW meeting on January 4, 1994, but has not amended the Zona.ng Ordinance to reflect the changes made in the ' Comprehensive Plan; thus, uses may be called for or allowed in t ' he Comprehensive Plan but the Zoning ordinance may not address roofs' p ions far the use, It is concluded that upon annexation as a co ' ndition of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning or Subdivision and Dev ' elopment ordinances. ~. The Applicant has stated its intention as to deve lopment, which is to provide a McDanald's Restaurant ` Chevron Service Station,, and motel/hotel with amenities which m ' ay included a convenience store with food service, asoline sales g , and car wash; it is therefore concluded that since conven' fence stores are only allowed in the C_G District as conditional uses that such use or development of the property would onl be allowe ' y d as a conditional use and such has been applied far. L. That it is concluded that since the ' Meridian Comprehensive Plan, under EC4NgMIC DEVELgPMENT Go al Statement, at page 19, states at 1.6, as follows; "It is the policy of the City of Meridian to su ' facilities which are e pport shopping ffectively integrated into new or existing residential areas, and lan for new ' as rowth and de p shopping centers ~' velopment warrant.", and under LAND USE, CQMMERCIAL POLICIES at a e . p g 2~, it states. "4.4U Locate new planned Nei hborhood Comme ' ~_$ 9~ rcial Centers t acres on arterials or collectors near residential areas in such a wa as to com leme but not conflict wit ~ nt h ad oinin residential areas. 4.5U Discoura e isolated nei hborhood ' commercial develo ment in residential areas unless the uses EAGLE PARTNERS ~- ANNEXATIgN AND ZgNING FINDINGS qF FACT AND CgNCLUS PAGE ~ ~8 IgNS qF LAw are compatible with the Planned Nei h Commercial desi patio g boyhood g n. 4.$U Encoura a commercial uses of f ices and medical-care uses to locate in the 41d Town district b ' arks sho in centers and pea usiness r hi h-intensit activit areas such as freewa in Emphasis added, terchan es." ~r and under LAND USE, MIMED-PLANNED USE DEVEL aPMENT, MIxED~-USE AREAS ADJACENT TQ I-$4, GVERLAND, AND FR.ANRLIN RDAD at Page 2 7 , the Plan recognizes that compatible land uses are de ' sired, and states as follows, in Sections 5.9 and 5.11: "The inte Tit and identit of an ad'oinin ' nei hborhood should be reser residential ved throw h the use of bufferin techniques, including screen plantin s o en s landscapin techni ues g ' P pace and other g q 5.11 The character, site im rovement development should be ~ P. s, and type of harmonized with reviousl -develo ed land in the area and where located ad'ace existin residence o nt to or near an r residential area shall be harmonized with residential uses and all reasana ble efforts shall be made to reduce the environmental im act on ' ' includin noise and residential areas traffic reduction," Emphasis added. } that the project is not in com Hance w' P ith the terms of the MERIDIAN COMPREHENSIVE PLANT and therefore the annexation and zoning Application is not in conformanc ' e with the Comprehensive Plan. M. That property owners in Greenhill Estates ' objected to the notices of hearings vn the A lication pP as being insufficient and not being mailed to all of the pea le who wo ' P uld be impacted by the development. The Local Plannin Act rovi g p des, in Secta.on 67-6509, Idaho Code, that for comprehensive lap ado ' p ption, or amendment, the Planning and honing Commission and the C' ' ity Council shall conduct EAGLE PARTNERS ~ ANNEXATIGN AND ZONING FINDINGS OF FACT AND CQNCLUSIQNS PAGE -- 29 aF L.AW one public hearing in which interested ersans sh p all have an opportunity to be heard; at least fifteen 15 da s ' ~ } y prior to the hearing, notice of the time and lace and a su p mmary of the plan shall be published by the City in the official ne wspaper. That this Application did not involve an amendment ' to the Meridian Comprehensive Plan. The Act also provides in Section 67--6511, Idaho Code when the City is considering a Zoning ordinance chap e that ' g - addi~lonal notice shall be given to property owners within the ' land being considered and within 344 feet of the external boundar' les of the land being considered, and any additional area that ma " y be impacted by a proposed change as determined b the Commiss' ~ ' Y lour it also requires that notice shall also be posted on the rem' p ises not less than one ~l} week prior to the hearing; it also states that when notice is required to two hundred or mare ro p perty owners, alternate from of procedures which would rovide ode " p quote notice may be provided by local ordinance in lieu of osted ' p or mailed notice. Under the Meridian Zoning ordinance, Section 11-2- 416, the following notice provisions appl~r, to wit: "T e applicant shall provide the City Clerk with the name addresses of ro ert owne s and p p y rs within three hundred feet ( 3 ~ a' } of the external boundaries of the land bein consider any additional area g ed- and that may be impacted by the said application as determined by the Zonin Administrat ap licant shall del' ~ or, and the .p aver a sworn notarized statement that the list of property owners are the owners of the shown by the records of t property as he Ada County Assessor; one ~1} week prior to the hearing . applicant shall ost a ' notice of hearin p copy of said g of the application on the propert y..; EAGLE PARTNERS -~ ANNExATICN AND ZONING FINDINGS of FACT AND CGNCLU PAGE - 30 SIDNS OF LAW and after the property has been posted, the a licant shal deliver to the Zoni ' pp 1 ng Administrator a notarized statement that he has posted the property and the date the astin was placed. p g a. Give notice of the hearing, at least fifteen 15 da s rior to the ' ~ ~ } y p hearing, by certified maa.l to propert owners within the land bein cons` y g idered and to owners within three hundred feet X300'} of the external boundaries of the land being considered and an additional area that ma be im act ~ y y, p, ,ed by said application as determined by the Zoning Administrator. Said notice by certified mail, must be deposited with the United States Post Df f ice at least fifteen ~ 15 } days prior to the hearing . and said notice shall contain a vicinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. When notice is re wired to twa hundred 200 ar more ro ert owners or residents in lieu of the mail notification notice of the roceedin and hearin re aired hereb ma be iven b ublishin the notice for two 2 consecutive weeks in the official news a er of the Cit of Meridian rovided that the second notice a ears ten 10 da s rior to the ublic hearin ." Emphasis added.} N. It is specifically concluded that more than the legall y required notice of the Application was given, that the le al notice 9 provisions of Local Planning Act and the City of Meridian were given, and that any and all persons who may have been interested in the Application were given proper notice of the application. D. That, as concluded above, annexation and Zoning of land is a legislative function and it is in the sale discretion of the City whether the City should, or should not, annex land. P. That it is concluded that the annexing and zoning of the property would not be in the best interests of the Cit of y Meridian. EAGLE PARTNERS -- ANNEXATION AND ZONING PAGE -- 31 FINDINGS DF FACT AND CGNCLUSIGNS GF LAW APPROVAL CF FINDINGS aF FACT AND CQNCLUSIGNS The Meridian City Council hereby adopts and a roves these Pp Findings of Fact and Conclusions. nnrr n~rr COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN /~ot~v~tr-~~ VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISIQN The Meridian City Council hereby decides that based on the Findings of Fact and Conclusions of Law, above stated t hat the annexation Application is denied. MQTIgN; APPRGVED: EAGLE PARTNERS - ANNExATIgN AND ZgNING FINDINGS qF FACT AND CgNCLUSIONS GF LAW DISAPPRGVED: PAGE -~ 3 2 BEF RE THE MERIDIAN CITY CIL THE LASE AT RRY LANG N0. 7 CONDITIONAL USE PERMIT WEST OF TEN MILE ROAD, EAST OF TH$ LAKE AT CHERRY LANE NO 5 MERIDIAN IDAHQ FINDINGS QF FACT AND CQNCLUSIQNS OF LAW The above entitled conditional use permit application having came on fora public hearing and consideration initially on January 7, 1997, was continued to January 21, x.997, for preparation of Findings of Fact and Conclusions of Law OFF&CL}, and was again continued to February 18, 1997, for additional changes to the FF&CL, each at the approximate hour of 7.30 o'clock p.m. an said date, as soon as the matter could be heard, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having considered the record, having heard and taken oral and written testimony, and the Applicant appearing through its representative, Steve Bradbury, and having duly considered the matter, the City Council makes the following Findings of Fact and Conclusions of Law: FINDING" QF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published far two ~~} consecutive weeks prior to the said public hearing scheduled for January 7, 1997, the first publication of which was fifteen X15} days prior to said hearing; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 THE LAKE AT CHERRY LANE N0.7 -- CUP that the public hearing was continued to January ~1, 1997, and the matter was duly considered at both sessions of the public hearing, and the public was given full opportunity to express comments and submit evidence and capi~s of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; that the general location of the property is West of Ten Mile Road, East of The Lake at Cherry Lane No. 5 and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned RW15, Medium-High Density. 4. That the R-15 District is defined and set out in the Zoning ordinance as f ollaws: R-l5 Medium Hi h Densit R idential District - The purpose of the ~R-~15} District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen X15} dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park ar open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian, The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 5. That the Applicant is not the owner of record of the property, but Bill and viola Teter are and they have requested that this Conditional Use be granted, and Steiner Corporation has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. r G. That the property was being used as farm land. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 THE LAKE AT CHERRY LANE N0.7 -- CUP 7. That the proposed use by the Applicant is far single family attached senior/adult living with a density of nine units per acre, with one lot being used both as a recreation park and as a drainage holding pond for ground water. 8. That sewer and water is available to the property, but the property will have to comply with the residential sewer and water rates. 9. That at the Planning and Zoning Commission public hearing the Applicantts representative, Steve Bradbury, submitted testimony and gave comments to the Commission, which are incorporated herein as if set forth in full; that his testimony before the Commission can be summarized as follows; That this would be a planned development with ~0 units in the northeast section of the development in the more moderately price range; that two of the units would be 4 lot line dwellings; that the density units would be 9 units per acre; that this would be two more units than originally 58; that the minimum square f Dotage would be S 4 4 to 1,160 ; that the staff says 1,300 sq. ft. is required by ordinance; that the set back in the front will be l8 to 20 feet which is less that requirement; the street side would be to 15 feet; that this conditional use is consistent with other multi-dwelling projects ; that the units would be all one level with a two car garage; that there would be 15 off street parking spaces but the Fire Dept. objected and wanted it to be 1z; that the Fire Department also wanted the off-street parking to be directly off the street and that there would be parking an just one side of the street; that this project would meet the ~ACHD street requirements; 5~ feet of frontage is required but they only want 3 3 feet ; that thee would be ~ 6 feet far each duplex unit; that these units would have a gated security entrance which will be a masonry wall; that there would be ~0 foot of buffer and landscaping on Ten Mile; that this would be a recreation and drainage area need to be met; that the amenities were referenced and that the 10~ of open space requirement would be met. Nfr . Bradbury commented that the staf f comments were okay except #8; pressurized irrigation will be done which Nampa & FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 THE LAKE AT CHERRY LANE N0.7 -- CUP Meridian Irrigation District is doing; that the pressurized system will be included in the same system that is proposed for The Lake at Cherry bane Nas 3, 4, 5, and 6; there :will be street lights; they desire to place 4' sidewalks rather than 5' -- but that is not a do or die situation; he says if required would they would do 5' sidewalks; they are willing to work with staff to minimize confusion; that they will da CC&R's; that their goal is have home minimum home size of 1,160 sq. f t.; they will enter into a development agreement. Mr. Bradbury also stated the City could place conditions a~. it but asked not to be hamstrung; additionally he testified an the 60 units and that they would meet the requirements of the ordinance, which he says is 800 sq. ft., that they are exceeding the 800 square feet, and he desired that the Commission consider reducing the sidewalk size. 10. At the City Council Public Hearing on January 7, 197, Steve Bradbury testified as follows: The project was a planned development for a 60 unit senior living development; Steiner Development is proposing a more moderately priced senior area which consist of mostly two unit, zero lot line buildings; there are two three unit buildings and three faun unit buildings; there is a total of 60 units on 60 separate building lots; there would be about 9 units per acre; the lot sizes range from 3,00 square feet to about 4,800 square feet and that exceeds the 2,400 square foot minimum for the zone, The home sizes proposed are not less than 1,164 square feet; the planning and Zoning Commission recommended that the homes be a minimum of 1100 square feet . We are asking for some relief f ram the set backs pursuant to the Planned Unit Development provisions of the City' s code . We are asking for relief from the standard 2 0 foot front setback and the 20 foot street side set back so that the front set backs would be 18 feet and the street side yard setback would be 15 feet. The rear set backs are 15 and that is standard in the zone. The required street frontage on each lot under this zone is 50 feet. The lots proposed for this project have 33 feet of width except on the corners they are something a little bit less than that . We are asking for relief from the standard 50 foot street frontage requirement required in this zone. Each building will consist of two units an two lots. So we will have a total of 66 feet of frontage far each building, minimum 6 6 feet of frontage for each bui~.ding . With the 4 unit buildings it will be even more than that; we are asking far relief from the 50 f oat street frontage requirement ; each unit will have at least a two car garage; we are asking for relief from the four foot set back requirement from the right FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 THE LAKE AT CHERRY LANE N0.7 -- CUP of way; we would like to be able to take access directly onto the street; the streets are proposed to be private streets on 4 0 feet of right of way, ~ 8 feet of pavement , ~ feet of curb and gutter on each side. The Planning and Zoning Commission preferred a five foot wide sidewalk an one side; the streets would be constructed to the Ada County Highway District construction standards; there would be a gated security entrance; there will be a privacy wall that surrounds the project; there is also a common area which consists of approximately ~ acre and is a dual purpose common area; this area would be used as a drainage retention facility during the wet time of the year; it would drain out except when there are storms like last week and then there would be water in it and theoretically this week there would not be; it would be dry mast of the year; the area would be improved with sad and a pond developed into it and it would have sloping sides and then there would be a drainage facility constructed in the bottom of it; it would be improved with sad on the sides and the bottom and it would be landscaped with trees and shrubs around the edges and there would be picnic tables and benches put in; it would be awned and maintained by the homeowners through the homeowners association. For the mast part the staff report is acceptable; the only concern that we have there is the requirement that the off street parking areas are not to be closer than 4 feet to any street right of way and we are asking for relief from that particular requirement; pressurized irrigation will be provided through the Nampa Meridian Irrigation District; parking will be permitted on one side of the street only, which would be contained in a provision within the restrictive covenants to deal with that and the homeowners association would then be charged w~.th the responsibility of enforcing it . The developer understands that approval is subject to capacity in the waste water treatment plant; the common areas would include the recreation area along with the landscaping treatment along the boundary and into the entry and our engineers calculate that it meets the required 10 o common area under the code. We are now proposing a five foot sidewalk one side of the road as P & Z suggested; we will prepare restrictive covenants. Staff is suggesting that we perhaps should have 1300 square foot homes in this phase of the subdivision. Planning & Zoning recommended approval far 1100 which is consistent with what is proposed and we would ask the Council to do the same; a development agreement is required and we will provide the City with a development agreement and will provide a written response to the City Staffs comments; the vast majority of the common area, where the drainage pond is going to be, will be usable by the seniors. The area of slope in FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 THE LAKE AT CHERRY LANE N0.7 -- CUP that area is gaing to be 15 feet wide. There will be a 3 to 1 slope, so those sloped areas themselves probably won't be particularly usable for seniors. The rest of the area though would all be usable. You have the outside edges on the top and then you have all of the inside area that would all be usable. The gazebo is not going to be in the water. It will be above water. Except far the actual sloped portion of the pond itself, the entire lot would be usable space. In response to questions from the Council , Mr . Bradbury suggested that they would have no problem with meeting the ADA regu.irements as a condition. In response to Councilman Bentley's inquiry regarding the narrowness of the streets with sidewalks on only one side of the street; Mr. Bradbury stated that with the gated entrance the only people who are going to be coming and gaing are the people that live there and their guests and because it is a relatively controlled area and confined space he did not think that sidewalks on only one side are gaing to be too hard to find. They have plenty of parking spaces for the residents and there are four parking spots for each unit. The restrictive covenants would prohibit parking on the street by residents and guests. In response to Councilman Ron Tolsma's comment about the 1 S f oat setback proposed, Mr . Bradbury stated that the setback does not include the sidewalk and would be in addition; that they have 40 feet of right of way, actually only 37 feet of that would be improved; that they have 3 extra feet of unimproved right of way. The Planning and honing Commission suggested that the way to salve the very problem that you are talking about was to be certain that the improvements are centered in the right of way so that there is a maximum amount of space in front of each lot, from the building to the actual improvements of the right of way . That by laying the project out correctly we can minimize the concern that you have gat. Councilman Morrow stated concerns that he had with private roads not being properly repaired and that a fund should be established similar to the way it was done in Ashford Greens Subdivision. City Engineer, Gary Smith, commented that a sinking fund had been established for Ashford Greens and such a similar fund should be established for all private roads. Mr. Smith had several comments relating to the plat of the subdivision, which are incorporated herein as if set forth in full, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 THE LAKE AT CHERRY LANE N0.7 -- CUP and Mr. Bradbury made comments about which are also incorporated herein as if set forth in full , 11, At the continued City Council public hearing on January ,21, 1997, Mr. Bradbury testified as follows and the Mayor, City Councilmen, and City Staff had the following comments: Keith Jacobs concluded that there is plenty of distance to put the sa.dewalk, which was desired to be near the gazebo, along the slope and maintain a 1~ to 1 slope which is what we understand to be the ADA requirements. Councilman Morrow questioned how functional the green space would be and the water issue; the City Engineer responded that concerning the storm drain detention area, it is proposed to be used for common area; that the Applicant's engineer is proposing that they tie the subsurface drain system into a perforated pipe in order to evacuate the water from the detention pond common area into Nine Mile Drain. He also stated that the subsurface drain on this pond is far relief of ground water, not of the surf ~.ce run of f water , Councilman Morrow asked what was the likelihood this design configuration, this retention common area, is in fact usable and whether it would retain water for great periods of time. Mr. Smith responded that if you had a design storm occur and you had that much water in this pond area, obviously It is not going to be usable; he also stated that theoretically over a period of time that water is going to dissipate through that exit structure into Nine Mile Drain. In response to Mr, Morrow's question whether the common ~.rea would it serve as a functioning Gammon area Mr. Smith stated that he did not know and that his opinion right at the time was he was really bit sure. The Planning and Zoning Administrator, Shari Stiles, commented that the City staff had not yet seen a drainage system such as this type function as it was proposed to function. That the requirement that a planned unit development include common area of 10~ and Mr. Smith commented that ~.0~ of the land within the subdivision would require .75 of an acre, which is 32,570 square feet; that Mr. Bradbury had stated that there was 9,500 square feet of land dedicated to the City as sewer easement along the north boundary and that there was also 1z , 5 0 0 square feet of landscape buffer between Ten Mile Road, and with the combination of those two plus the detention pond area, the 10~ requirement is exceeded. Mr. Smith also commented, however, that he was unsure if the sewer easement was is accessible as common area or not. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 THE LAKE AT CHERRY LANE N0.7 -- CUP Councilman Rountree asked Miss Stiles the same question that Mr. Morrow asked Gary Smith which was whether in your opinion is the space that is being provided by this development suitable and usable. Miss Stiles responded that if the representations made as to how they plan to landscape it and how the drainage facility will function are correct, then I would say it is usable. Councilman Morrow inquired if there was a guarantee that the pressurized irrigation system would be operational by the start of the 1997 irrigatian season and whether or not it was felt that the necessary safe guards are in place for that pressurized system to be activated by April 15, 1997, to which Mr. Smith responded yes, it was. The question came up as to the width of the street right- of-way and Mr. Smith commented that on this Number 7 subdivision we talked pretty specifically about 40 foot right of ways and in the same breath I think we talked about the roadway being similar the same as the Number G subdivision, The right of ways in number ~ are 42 feet in width. Mr . Bradbury stated that the total square footage of the drainage pond common area i s about 18 , 5 ~ D square feet and that Keith Jacobs just did a quick calculation and determined that the pond itself consumes about 48~ of that lot; that 9,000 of the 18,000 square feet is the pond itself; that with respect to the calculations of open space for Number 7, we did not include the fire station site . He questioned if that two feet difference in the right-of-was important enough to require that either the project be redesigned in order to pick up those two feet or that additional setback relief could be granted in the front yards or the back yards. He stated that the Fire Ch~.ef was satisfied with the roadways as proposed for a 1 if e safety standpoint . He also stated that if , in fact , the City would be more comfortable with 42 foot of right of way, it could be accomplished. 10. That the Assistant to the City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari, Stiles, the Meridian City Police and Fire Departments, Central District Health Department, Joint School District No. 2, and the Nampa & Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 8 THE LAKE AT CHERRY LANE N0.7 -- CUP Administrator, included the following: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off -street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development ordinance and/or as detailed in site-specific requirements; d. That outside lighting .shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act and off-street parking shall be provided in accordance with Section ll- ~-414 and/or as detailed in site-specific requirements. In no case shall any part of a parking area be closer than four feet to any established street ar al~,ey right- of-way; g. That a master street drainage plan be submitted, including the method of disposal & approval from the Ada County Highway District, and the affected irrigation/drainage districts~s}; h. That determination of the seasonal high groundwater elevation and profile of the subsurface sail conditions, shall be prepared by a qualified Engineer or soil scientists; i. That a cagy of the proposed restrictive covenants and/or deed restrictions be submitted for review; j. That 5 foot wide sidewalks shall be provided in accordance with City ordinance; k. That placement of the fire hydrants be coordinated with the City of Meridian's Water Works Superintendent; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 9 THE LAKE AT CHERRY LANE N0.7 -- CUP 1. That a letter from the Ada County Street Name Committee be submitted, approving the subdivision and street names, making any necessary corrections to the Preliminary Plat map prior to re-submittal to the City; and m. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, andfor any plans to reduce said boundaries. n. Street signs are to be in place, water system shall be appraved and activated, pressurized irrigation system shall be approved and activated, perimeter fencing shall be installed, and road base is to approved by ACRD prior to any building permits being issued. That Miss Stiles and Mr. Freckleton submitted site specific comments which are as follows: a. Pressurized irrigation system shall be designed such that no lateral lines run parallel within the street rightW of-ways; that crossing from block to block will be allowed; that any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system; b. That 250 and 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department; that all street lights shall be installed at subdivider's expense; c. That the Meridian Fire Department and Meridian School District need to review and approve of the travel way widths. We are very concerned about the narrower width of the roadways, as it will make it more difficult to navigate with school busses and emergency vehicles. As an absolute minimum, "No Parking" signs should be posted along one side of the street; we know how enforcement of the "NO Parking" will be accomplished. on-street parking would only allow a ten-foot-wide travel area to remain. d. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 10 THE LAKE AT CHERRY LANE N0.7 -- CUP generated by this proposed development; and e . Many concept versions of this project have been submitted to the City of Meridian over the last year or so. The annexationfzoning request and Applicant's prior testimony indicated that this development wouxd occupy 7,5 acres with a total density of 7.75 units per acre . The present applic~.tion includes 5.~7 acres with a density of 9.Q units per acre. f. This application has some similarities to the La Playa Subdivision. The Applicant, Commission and Council should consider the problems encountered by that developer in marketing small lots with all duplex un~,ts . If zero-lot line development is later determined to be infeasible, City ordinance requires that a minimum of ten feet be provided between buildings, making the lots virtually unbuildable. g. The R-15 zone requires that the development be adjacent to a parr or open space corridor, and the planned development guidelines require a minimum of lQfl of the gross area designated as common area. The previous proposal shaved a greater percentage of open area, as all area except for the building footprint area was common area to be maintained by a homeowners association. The only common area, besides the planting strip along Ten Mlle Road, is a drainage pond. The Commission and Council should visit the drainage areas at Los Alamitos, Sportsman Pointe, Salmon Rapids, Kentfield Manor and Tuthill Estates to gain a better perspective of whether a drainage pond is acceptable for designation as a recreateanal faca.la.ty. With 3:l slopes, it is extremely questionable, especially far sen~ars from an accessibility standpoint, whether this area is feasible to include as part of the 1Qa common area, h, Applicant is proposing a four-fact-wide sidewalk on one side of the street only. Given the density of the ~evelapment, f ive-foot-wide sidewalks should be provided on both sides of the street in accordance with City Ordinance. i... The Fair Housing Act does not allow designation of this subdivision as an adult community. The Applicant shall not market the development discriminating in this manner, j. Applicant currently has approval for The Lake at Cherry Lane No. 4, The Lake at Cherry Lane No. 5, and the Lake at Cherry Lane No. 6. As a requirement of the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 11 THE LAKE AT CHERRY LANE N0.7 -- CUP conditional use permit, no development of Phase 7 should be permitted until prior phases have been completed, in the order they were approved . It is questionable whether this development should even be considered at this time, given the fact that four developments have been approved, but only one development has been construed. No variances for extension of time on these developments should be permitted, as it makes it very dif f iCult far staff to keep going back to look up conditions and policies that were in force at the time of approval. City ordinance on development time requirements should prevail, with no exceptions taken. k. Careful attention will need to be paid to the covenants for this development to ensure appropriate measures for maintaining all common areas and the private roadways are taken. 1. City ordinance requires that all new single-family detached housing in Zone R-15 shall contain 1,31 square feet or mare, unless there is dispersed among the new residential development houses of varying sizes per Ordinance Section ~.1-~-4~,1.D. Although this development proposes a giant cluster of 1,16-square-foot homes, apparently completely identical in design, that will tend to present a monotonous row-house effect. m. All ordinances of the City of Meridian shall be met, whether expressly noted herein or not, unless specifically waived in writing by the City Council. n. A development agreement is required as a condition of annexation. No development agreement far any phase of the 4 ~ -acre parcel has been entered into as of this date , 11. That at the City Council meeting on February 4, 1997, Councilman Bentley state that he was not satisfied with the common area being used as a water basin and for drainage and was whether elderly people would have the ability to use the common area. 1~. Councilman Marrow questioned the City Engineer, Gary Smith, if the City had seen any specifics regarding the pond/common area and ramping in and out of the area, to which Mr. Smith responded that he had not seen anything. Mr. Marrow additionally FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 12 THE LAKE AT CHERRY LANE N0.7 -- CUP asked about water coming and going out, cross drainage, and the use of the pond for settlement, to which Mr. Smith responded the pond design incorporated two different things: 1} a liner and 2} a subsurface perforated drainage system that would drain into an existing perforated drain paralleling Ten Mile. Mr. Smith also stated that there was a transfer structure in the northeast corner of the pond that takes the storm water from the pond and discharges it to the Nine Mile Drain at a predetermined rate. He also stated that the significance of the liner was to prevent ground water f ram coming into the pond under hydrostatic pressure. 13. Councilman Tolsma questioned the setback from the road and stated that there would z~ot be enough room to park standard sized cars in the driveways if they were only eighteen feet long and that if the homes were set differently, the garages could be set so that would be sufficient roam far driveway parking, to which Mr. Bradbury responded that if the road was centered properly that there actually was going to be additional space for the parking of cars in the f rant driveways. Mr. Tolsma also stated that since the roadways were going to be private there would be police enforcement of the proposed parking restrictions, to which Mr. Bradbury responded that the Applicant could cover that in the r CC&R's which would be enforced by the homeowners association. 14. Councilman Marrow responded to the length of the driveways question by stating that since the roads were private and there was going to be gated entries, that the parking situation FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 13 THE LAKE AT CHERRY LANE N0.7 -- CUP ~,. ~,.. could be handled in the CC&R's. Mr. Marrow also stated that the present FF&CL required design review and that process could resolve the length of the driveways, garage setbacks, and putting the garage back from the front of the house. 15. Councilman Rountree commented that it needed to be definitely stated that design review was a condition for providing the City - an opportunity to review the concepts that present multiple different street elevations. He also stated that he was concerned about the open space required in PUD's and the ~~~~~~ Applicant's numbers showed that the'~met the l0~ open space requirement, but he questioned whether; because much of the grass area was intended to be used also far a retention pond for water and the space would likely not be usable. He felt that additional open space should be required and that it be usable space and that that should be stated in the FF&CL, 16 . That 11- ~ - 410 A requires the following yard setbacks when there is a single-family structure and the pause is an a local road: Minimum front yard set-back 2D feet Minimum rear yard set-back 15 feet Minimum side yard setback 5 feet per story; and requires the following minimum lot sizes: Lots in the R-15 District ~,4D0 square feet/per dwelling unit, and requires the following minimum street frontage for each zone, to wit: Lots in the R-15 District 50 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 14 THE LAKE AT CHERRY LANE N0.7 -- CUP 17. That Section 21-2-409 A lists Planned Residential Developments as a conditional use in the R-15 zone; that the Subdivision and Development Ordinance speaks to planned unit developments in 11-9-647 and such is incorporated herein as if set forth in full, that section 11-9-647 E states as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide far such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, ravi ed such exceptions are consistent with the standards and criteria contained in this section."; Section 11-9-607 G. S. also provides that all Planned Development shall be subject to design review by the City staf f and Council ; that Sections 11-9-607 A through H are incorporated herein as if set f arth in full ; that part ions of Section 11- 9 - 60 7 E , states that a PD shall be allowed only as a Conditional Use in each district, shall be governed by the regulations of the district in which it is located, that a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, sign, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section; Section 11-9-607 D. states that the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following; architectural style and building design, building FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 15 THE LAKE AT CHERRY LANE N0.7 -- CUP F:.: ' ~ ,.... ~:. materials and color, landscaping screening, garbage area, parking, and open space. 1$. That Section 11-9-5~7 F 3. states that the owner's Association Bylaws, and other similar deed restrictions, shall meet with the approval of the Council; that Applicant has now submitted bylaws or covenants, conditions and restrictions to the City and they must be reviewed and approved. 19. That any comments from the Ada County Highway District will be incorporated as if set forth in full. ~fl. Applicant has indicated that the streets within the subdivision will be private but will meet ACRD standards. Applica~.t~has requested that several ordinance requirements not be required, which is allowed in a Planned Unit Development; it specifically requested the following exceptions: 1. Private streets. 2. 5 foot sidewalks only on one side of the roadway. 3. Street frontages less than required. 4. Smaller minimum roadway widths. 5. Parking areas closer than 4~ to the road right-af-way. ~. Smaller front setbacks rather than 20 feet. 7. Side yard setbacks, an same lots, be reduced. 8. Smaller lot sizes. 9. And others. 21, That sewer and water is available to the property and is required. 22. That the property is zoned R-15, Residential District, which is described in the honing ordinance, 11-2-4D8 D. 5, as follows : R-~.5 M di m Hi h Densit Re id ntial Dis ric -The purpose of the ~R-15} District is to permit the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 16 THE LAKE AT CHERRY LANE N0.7 -- CUP medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen X15} dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut ar have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, Lawn hawses, apartment buildings and condominiums. 23 . That the R-l5 coning district requires a minimum of 1, 301 square feet to be included in the single family detached pauses, unless there are dispersed among the development, houses of varying size as allowed in 11w4-411 d 2 . , however, the Applicant has not stated he is proposing single family detached pauses, but is proposing single family attached structures. ~4. That Section 11-2-411 B states as follows: "All new residential pausing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/ar proposed developments." that regarding the conditional use finding that must be addressed pursuant to 11-~-4~.8 C 3., as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course area, including Cherry Lane Subdivision, The Lake at Cherry Lane and Golf view Estates; that by making this proposed subdivision far a senior citizen living complex does not remove the conditional use requirement that the proposed use be harmonious with the general vicinity. ~5. That Section 11-2-4~9 A lists Planned Residential Developments as a conditional use in the R-15 zone; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 17 THE LAKE AT CHERRY LANE N0.7 -- CUP Subdivision and Development Ordinance spews to planned unit developments in 11-9-607 and such is incorporated herein as if set forth in full ; that section 1 ~. -~ 9 - 6 D 7 E states as follows "A PD shall be allowed only as a Conda~tional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan far a PD may provide far such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, pr~vded such exceptions are consistent with the standards axed criteria contained in this section.'; 26. That Section 11-9-607 F 8, states that the Owner's Association Bylaws, and other similar deed restrictions, shall meet with the approval of the Council; that Applicant has now submitted bylaws ar covenants, conditions and restrictions to the City. ~7. That there was no other public testimony submitted to the City; however, this Applicant has submitted several Applications far annexation, conditional uses, and plats, and all such Applications, their record, each set of findings of fact and conclusions of law, and the City's decision is incorporated herein as if set forth in full, as they are instructional to the City Council and provide additional relevant evidence relating to this Application. ~8. The proper notice has been given as required by law ar~d all procedures before the City Council and Planning and Zoning Commission have been given. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 18 THE LAKE AT CHERRY LANE N0.7 -- CUP C~JNCLUSTDNS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of native to owners of property within 3~0 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to ~7-651, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions an a conditional use permit and the use of the property pursuant to 67-~651~, I aha Code, and pursuant to 11-~-418 D of the Revised aid Compiled Ordinances of the City of Meridian, Idaho. 4. That the City has the authority to take judicial notice of its awn ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 5. That Section 11-~-4~9 A lists Planned Residential Developments as a conditional use in the R-15 District and a conditional use must be obtained by the Applicant far the City of Meridian to allpw this development. 6. That the Subdivision and Development Ordinance speaks to planned unit developments in ~.1-9-6a7 and such has been incorporated herein as if set forth in full, 7 , That Section 11-9-~~'~ E states that a PD shall be allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 19 THE LAKE AT CHERRY LANE N0.7 -- CUP only as a Conditional Use in each district, subject to the standards and procedures set forth in section 11-9-507; that a PD shall be governed by the regulations of the district or districts in which said PD is located; the approval far a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regul~.tions as may be desireable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this section. It is therefore concluded that this Application for a Planned Unit Development should be approved under the conditions and requirements stated herein. S. That Section ~,1-9-547 G. S. provides that all Planned Developments shall be subject to design review by the City staff and. Council; that it is concluded that the above section shall be a requirement and Applicant is required to comply with it for each of the structures, whether they be single Names, duplexes, tri- plexes, or larger, to be constructed on t~.e land, and design review, ar plan and construction over-view, shall be required for the size of the pond, its elevations, height, depth, its use far drainage and its use as a recreation and picnic area; that the design review shall specifically include review of street and front elevations, set-backs of garages and houses from the streets and other structures, width of streets and roadways, size and length of sidewalks and which side of the street the sidewalks are located on to make sure that the placement of the sidewalks is compatible FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 20 THE LAKE AT CHERRY LANE N0.7 -- CUP with other sidewalks and good pedestrian traffic; the design review shall be initially conducted by City Staf f and they may approve the design review, but if questions arise the City Staff may bring the question or issue to the attention of the City Council, where it shall be decided. 9. That it is concluded that the Applicant shall be required to meet, and comply with, the requirements of Gary Smith, Meridian City Engineer, Bruce Freckleton, Assistant to the City Eng~.neer, Shar% Stiles, City Planning and Zoning Administrator, the Meridian Police and Fire Departments, The Central District Health Department, and the Nampa & Meridian irrigation Department. 10. That it is concluded the City reserves the right to place appropriate conditions on the land captained in this application, in accordance with ordinance requirements, and the City has the right and duty to place conditions when the application is for a conditional use; it is further concluded that if Applicant obtains approval from Shari Stiles, the Planning and Zoning Administrator, and/or Gary Smith, the City Engineer, and/ar f ram Bruce Freckleton, Assistant to the City Engineer, it may receive the following changes to the Crdinance requirements, and the procedure set forth in paragraph EIGHT ~8} of the C~NCLUSICNS CF LAW shall control, to wit' 1. That the streets may be private but shall be constructed to meet ACRD construction standards and requirements; if the streets are private they must be 4~ feet back~to~back and if they are public they must meet ACHD standards and requirements; if the streets are private that the Applicant shall establish, in the Covenants, Conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 21 THE LAKE AT CHERRY LANE N0.7 -- CUP and Restriction' s ACC & R' s} , a means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the streets at any, and all times, of the year such maintenance is required and to totally reconstruct them in twenty ~ ~ 0 } years . 2. That 5 foot sidewalks must be constructed but only on one side of the roadway, if the sidewalks are in fact private, but if public they shall be constructed an both sides of the road; Applicant shall place and construct the internal pedestrian system represented; and the Applicant shall establish, in the CC & R' s, a means of collecting, each year, a depreciation fund sufficient to build a fund to maintain the sidewalks at any and all times of the year such maintenance is required, and to totally recanstruct them in thirty ~2~} years. 3 . That street frontage as presented to the City Qf 6 G feet for two housing units shall be allowed, and each set of two Tats, having direct access to a street, must have that amount of frontage. 4. Frant setbacks of 1S feet may be allowed rather than ZO feet and must be met; and a 15 foot side yard setback will also be allowed; that all Names shall have rear yards of fifteen ~~.5y feet; the minimum side yard set back shall be five 45~ feet per story, or minimum building separation shall be ten feet for single ~.evel homes adjacent to each other. 5. That the minimum lot size required shall not be less than 3,~~4 square feet which was represented as the minimum size which exceeds the 2 , 4 0 ~ square foot minimum for the zone . The home sizes shall not be less than 1, lea square feet . 6. That no mare than 6D lots shall be allowed in the development of the parcel and the density shall not be more than 9.~0 dwelling units per acre. 7. That there must be the parking as shown in the Applicant's presentation to the City and there shall be signs placed showing the allowed parking and a means of enforcing that requirement in the CC & R's must be established and adopted, particularly as they relate to parking. 8. That the gazebo and the common/drainage lot as presented and represented to be in the subdivision, must be constructed and continuously maintained; that they must FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 22 THE LAKE AT CHERRY LANE N0.7 -- CUP be constructed on or before the first pause in the subdivision if sold. 9, That the street entries into the subdivision shall be gated. 10. That the residents should be "seniors" as represented and all laws, federal ar state, pertaining to a senior citizens residential area must be met. ~.1. That Applicant shall present CC & R' s to the City showing compliance with the terms of these Findings and Conclusions including the parking restrictions, if any, but the Clty of Meridian shall not enforce them but compliance must be shaven and the CC & R's must contain the necessary provisions stated herein for collection of funds far the street and sidewalk maintenance. 12 . Applicant must obta~.n design approval of the City Staff , and/or if necessary, the City Council, for each structure to constructed or placed on the property. 1~.. That the Applicant and its agents made representations regarding the Application and the development of the property to achieve approval of the Application, or parts thereof, many of which are in these Findings and Conclusions, but all of which are in the record and have been, ar are hereby, incorporated herein; that all representations made and the requirements of these Findings of Fact and Conclusions of Law, shall be met; that if the above are not met the approvals made shall be subject to withdrawal and cancellation, and the property subject to de-annexation. 1~ . That all Ordinances of the City of Meridian shall be met , including but not limited ta, the Zoning ordinance and the Subdivision and Development Ordinance, both as modified by Section 11-9-6D7 of the Subdivision and Development Ordinance, and the Uniform Building Code, Uniform Fire Cade, Uniform Plumbing Code, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 23 THE LAKE AT CHERRY LANE N0.7 -- CUP uniform Electrical Code, the Fire and Life Safety Code, and all parking and landscaping requirements. 15. That 11-~-415 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council reviews applications for Conditional use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The Planned Development use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b . The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning ordinance and the Subdivision and Development ordinance require a conditional use permit to allow the use. c. The Applicant did not specifically state that the development would be designed and constructed to be harmonious in appearance with the intended character of the general vicinity, which has been previously stated to be, the Cherry Lane Village Subdivision, The Lake at Cherry Lane, and Golf View Estates; Applicant did, however, represent that the character of the development and the homes would comport to existing homes, with twa- car garages, gross density would be not more than 9.40 per acre, some 0-lot line development, roofs as shown in the presentations and an the documents, and the square footages as represented. d, That the use would not be hazardous nor should it be disturbing to exlsting ar future neighboring uses. e. The property has sewer and water service available and, such, will have to be installed and connected by the Applicant. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 24 THE LAKE AT CHERRY LANE N0.7 -- CUP g, The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking far the property and the proposed use ~s required. i. The development and uses will not result in the destruction, loss ar damage of a natural or scenic feature of major importance . 14. That regarding the conditional use finding that must be addressed pursuant to 11-~-418 C 3. as to the harmony of the project to the general vicinity, it is concluded that the harmony must be with the general vicinity, which is the entire golf course area, including Cherry Lane Subdivision, Golf view, The Lake at Cherry Lane and Golf view Estates; that by making this proposed subdivision for a senior citizen living complex does not remove the conditional use requirement that the proposed use be harmonious with the general vicinity, 15. That the representations made by Applicant, ar its agents, have been filed with the City or stated at the meetings and public hearings, and such are incorporated herein as if set forth in full; that if Applicant does not comply with those representations the approvals given to the Applicant and the property shall be subject to revocation and the property subject to dewannexation. 16. That the representations made by Applicant, or its agents, and the requirements of the Ordinances of the City of Meridian shall be met and complied with FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 25 THE LAKE AT CHERRY LANE N0.7 -- CUP 17. That a warranty deed far the fire station was issued and delivered to the City but the legal description was not valid at the time of issuance of the deed, and the Applicant must see that a proper deed is delivered to the City of Meridian; that if such deed is not deli~rered on ar after the recording of the plat for this development, procedures to revoke all approvals of development on this property shall be instituted. APPRDVAL DF FINDINGS DF FACT AND CDNCLUSIDNS The Meridian City Council hereby adapts and approves these Findings of Fact and Conclusions. RaLL CALL COUNCILMAN MORROW VOTED_i~ COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIS (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 26 THE LAKE AT CHERRY LANE N0.7 -~ CUP DECISION' The Meridian City Council hereby approves and grants this Canditianal Use Application for a Planned Unit Develapment under the conditions stated above in these Findings of Fact and Conclusions of Law; that this approval is subject to all City ordinances, except as allowed not to be met as stated herein, but specifically including design review and plat appraval under the prQCedures of the Subdivision and Development Qrdinance. MDTIQN: l APPRO DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 27 THE LAKE AT CHERRY LANE N0.7 -- CUP I~~RIDIAN CITY COUNCIL METING: Februa ~8 ~9~T APPLICANT: ITEM NUMBER; ~~' REQUEST: DEPARTMENT REPORTS AGENCY CITY CLERK: CITY ENGINEER: GITY PLANNING DIRECTOR: CITY ATTORNEY: CITY PaLICE DEPT: CITY FIRE DEPT: GITY BUILDING DEPT: MERIDIAN SGHQOL DISTRICT: MERIDIAN POST OFFICE: ADA GOUNTY HIGHUI[AY DISTR[GT: ADA CQUN~"Y STREET NAME CQMMITTEE: CENTRAL DISTRIGT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO PO~lER: U5 UIIEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: GoMMENTs DTHER: All Materials presented at public meetings shat! become property of the City of Meridian. r a~ L cU 0 ~~ a~ .~ c ~ _~ a~ .~ .~ _~ L~ ~" C C i q) ~ ~ D ~ ~_ `O vo 0ooooovv~no~n~nooooaavo OvOVOOVOVVCVO~cv~nu~oO~n~nOa ~io~iui~i~ivvvui~aininioioo~ticv~:moo c~ °~c~~coM~ncorn~tocvc~oaaoc~cocac~u~r~MOv C ~•L~l7r.tflNrrOD(flol~rt'~ti0~1`a3NI~G0~~o a ~---p_Q)~f1~1~CD00)ooMDrrNC~'~tf11r-Y- tV[V ~ Nib'~~}~}~}~~t~}~~~~E~~d~~f}b~}~}4~} tf}~} 0 L o vvvvvOVOVV~n+nu~~n~n~n~n~nu~u~vo ~ OvvO~~nvao0u~c~Mc~Mc~Mc~MMc~Oo Oa ~_ Q)rrrr~r--rrCVNN©vOVOC]©000`a'O U ~C .V ~}{~}bF}~}~}d4f~}4f~4~~!{f}{f}{~4~4~4f?4~F3E~}4f}4~ p Q ~ L ~ O ~ ~- CV N H4 b9 Q N N et ~nou~vvvovovovOOOOVV^oov v CDLDMODrLO'rt~3~u7oti}t~ooC]OQOt~o N - ~o0d'D~COC~OOOUONd~00~d'O~I~N~~+~CSvo N v ,~~rvaa~ov~voc~r~rnc~c~c~c~Nt~~vom ~ Q•Les'~ONODc~?I~[DrC7~t7C~3u7C~0~1~~.~7u7f~04C)o d' ~ i~-~Q.e-tV[VN~tu7NNN~ochc~~71~Od•c~c~~(Q~ct Oi C C r- ~ #~} ~ ~} EH~ ~ 6F} 6~} N ~} {f} 6~} 6+~} ~} d# Ef# E~} 6~ E~} Q ~Cn - ~ d~} ~ C .. ~ w o rna~rnovrrNM~nvovoovovooov a~~ mMm~~t~~t~~t~t~tir~r~~~rt~ti~oo ~~~vovvvaovvoaoo©ovaciaooaa _.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o a ~ c~~- ~ cD~ct ~ q ~~ ~U ~nou~u~vOVOVVu~vcn~navavoOVv cnNN1~~r7o0oou7u~~cou7~-c~C~7cDt~lu~ovo cv cv w ao cv ~ ao r~ ai t~ v~ r•: ai as ri cri cv co ctii u~i o v Q ~ ~D~~DDDC~~I`00f~o0N(nNC~C7~I~t~oD ~ ~Nrd'~(0000~1~Ua~CAC~~f}^z-Ot7i.C?00~C~] ~ ~ ~ ~~#~~~~tf~fRtft~~tf~E~~~~~tf3t~} ~f~ U_ .~ O ~~ ~-C~'}~17u7~Onv~l}~Df~h~1~~3Cf7De~-rLf}~OOD N N N N N N e~ c~3 c+"a M N N N N N N M C7 c~ c~ O D ~ ~ ~, ~vaovcioovvvovvvvaoaaovv . v~ ~~ c ,~ ~ ~ o U., u.. 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(] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .C U U U U U U U U U ~ L .C ~ ,C ,C = ,_ ,C ~ U C C C C C C C C C ~ ,~ V U U U U U U U U C i i i i i i i ~`~' ri t-- C U C C C C C C C C C i C7 N t1} OQ r b' f` O tQ C~ ~C~t1f~f}OQr-'~fiM~{pQr-r~r-NNNMM ~ d CO r r- T" r N N N M C] ~ ~_ N N N N N_ ~ N N~ U „~ N .U C C C C C C C C C C ~] ~] ~] ~] ~] ~] ]] ~] ~] i ;~ ~ tV C6 ~ CQ ~ ~ to ~'S (~ ~ cll cU cU ~ ~ 9~ ~ N Q3 N .~ ~ ~ _N ~ d? v 4? ~ N ~ ~? ~ ~ ~ ~ ~ ~ N N N G3 ~ ~ ~ r N C7 "CC ~ to ~ fl0 C'f~ o e W N M ~ tC? tD f~ Gq 0] C] yr [V rr~rrr~e--t--r-rNNN J a 0 r ~} t ~-. `4 inw LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of 1997, by and among NAMPA & MERIDIAN IRRIGATIaN DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the f first part, hereinafter referred to as the "District", and THE CITY CF MERIDIAN, a political subdivision and municipality of the State of Idaho party ar parties of the second part , hereinafter ref erred to as the '~ Licensee" , W I T N E~ S E T H: WHEREAS, the Licensee represents to the District that it owns the real property particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as NINEMILE DRAIN thereinafter referred to as "ditch or canal"7, an integral part of the irrigation works and system of the District, together with an easement therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes, and which ditch or canal and said easements therefor are located as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; LICENSE AGREEMENT - Page 1 NQW, THEREFQRE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof . Any modification of said ditch ar canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof . ~. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe an the Licensee's property, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3 . Each facility ~ "facility" as used in this agreement means any object or thing of any nature installed in ar on the District's easement by the Licensee} shall be constructed, installed, operated, and maintained at all times by the Licensee and at the cost and expense of the Licensee. 4. The Licensee agrees to construct, install, operate, and maintain each facility in a safe manner and condition so that it will not constitute ar cause a hazard to any person or property . The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard ar unsafe condition in or arising from the construction, installation, operation, and maintenance of such facility. 5. The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the flow of irrigation water in said ditch or canal or the delivery of irrigation water by the District. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any impairment of the flow or delivery of irrigation water in said ditch or canal which may be caused by the construction, installation, operation, or maintenance, and any use or condition of any facility. LICENSE AGREEMENT w Page ~ ~. The Licensee agrees to construct, install, operate, and maintain each facility in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, and maintenance, and any use or condition of any facility . 7. Any alteration of the District's easement by the Licensee, and any alteration of property adjoining the District's easement by the Licensee, including, but not limited to, the excavation of sail, shall be performed and maintained in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee shall provide the District reasonable prior notice of any such alteration not identified in this agreement. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the performance and maintenance, and any use or condition, of any alteration of the easement by the Licensee, and any alteration of property adjoining the easement by the Licensee. S. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably upended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to ~:he District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under LICENSE AGREEMENT - Page 3 the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising aut of ar relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. 9 . The Licensee agrees that the work performed and the materials used in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work steal 1 not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. l~. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. ll. The Licensee understands and agrees that Licensee has no right to drain or waste into said ditch or canal more surf ace or ground water than drains or wastes from said property in its present state or condition ~predevelopment flow} . The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surface or ground water to drain or waste into said facilities of the District unless the Licensee shall have ~1} obtained all necessary rights of way or easements for the draining or wasting of such additional water and ~Z} created the necessary additional carrying capacity in the ditches, pipelines or other facilities through which such additional water is to be carried and ~3} complied with all statutes, regulations, ordinances, and other laws regarding the discharge of drainage ar waste water into surface streams, whether natural or artificial, and into aquifers or other bodies of ground water and ~4} removed all pollutants, contaminants, debris and other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the event of any dispute as to the source of such pollutants, contaminants, debris ar other foreign material, the burden shall be upon the Licensee to show that the pollutants, contaminants, debris or foreign material does not come from the Licensee's said property. The Licensee expressly LICENSE AGREEMENT - Page 4 agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the casts and expenses expended ar incurred by the District in stopping such drainage or wasting. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal , state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hall harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 14. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and LICENSE AGREEMENT - Page 5 system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 15. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 16. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 17. The Licensee agrees to pay attarney fees ar engineering fees charged by the attorney for the District or by the engineers far the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 18. Nothing In this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 19. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural , and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT DY Its President LICENSE AGREEMENT - Page 5 f.. ATTEST: Its Secretary THE CITY of MERIDIAN By 1 Robert D. Carrie - Mayor ATTEST: William G. Berg Jr. - ~:ler~ LICENSE AGREEMENT -Page 7 STATE OF IDAHO ~ } ss~ County of Canyon } On this day 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 affixed 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 7 on this day of 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Carrie 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 affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires:,~ Idaho LICENSE AGREEMENT - Page 8 JAN 2E '9~ 1~~1.3 FR CITY OF MERIDIAN 20E EE7 4E~3 TE X42465? P.02r©2 The Well No. l ? bywpass system urill Include Well No. 17 itse~ approximately 1140 lineal feet of 8-inch pvC pipe to a discharge point into ~~ne Mae Creek. Weil No. ].7 is located in~Lat 1, Block ~ of Los Alamitos Subdivision N~. 1 situated in the North ~~2 of the Southwest ~l4 of Section ~o, Tovanship 3 North Range 1 East, Boise Meridian. This lot is designated as reserved for a well lot to the City of Meridian on the f nnal subdivision plat. The pipeline leaves the well lot described above and enters the public right~of~v~ay directly south of the well lat. ~t then travels west 7S lined feet to a point approximately 3~ feet east of the center line of South Locust grove Road. The pipeline then turns north and runs approximately 4~6 feet parallel tQ the centerline of South Locust Grove Road. The pipeline then turns and travels approximately ~~~3 feet east I ~ feet north of the centerline of Raven Hill Drive in Raven dill Subdivision No. 1, The pipeline then turns southeast and runs approximately Z 1 feet to the south boundary of Raven Hill Drive right•of-way. The pipeline continues its alignment approximately another ~4 feet through Lat 1, Block 5 of Raven dill Subdivision, a lot designated as a Mine Mile Creek drainage lot owned by the Raven Hill Homeowner's Association. It then discharges in Nine Mile Creek at the end of this run. This discharge point lies approximately an the quarter section line approximately I70Z feet east of the X14 section point of the west section line of Section ~~~ c;lbwiw~lb~pass~d~~c; EXHIBIT A : y ' ~ ~ '~ ~ ~ ~ _ + r x ~`L_ j '~'N X1.3 ~3 f ~~ ~H~~~x~l~~r, .Y'yr+IM~+r+r.rww.NnwMM+r ~ 1 ~ aavs, i r . ,.rt a ~~t w i if ,, 17~l r.rs ~. ."y. ~~1r~S..'rs~~ ~r s c `- x~rc ~.:~r,.~C"a f-. f~F ~..:S,4y . ~- 1 '~'~F '6S'r~~7's'tS' Tr 5.a~ ~v"3<f x ~ .,f- ~ •*':~rr ~~ ~ ~ }~ ~~` far" F~)k+ * 1 4.^~i';^~j~a~L l ~'T i. +Ir ,1.~ ..F• ~ } ~yy//v,~~k, ~t .` 'Y ~, #'~'~ ~.~t vrF y~hi.~ ~/- ~i - r= .i; . r ~rAv^,: ~..r.., ~'.' ~ Y. ~ ~ 4, •1~k',,:§=4.. ."X."'~?I+F~~~~~.~Y'~N.r~.~:Yi .~7. Y, .~1~1r^M .,.ti ... .. ry" '~• , S 7 1 a i r ... .....n5.~,r+.'+r~~W~'/w/IY: n"'.'..^"'. ., i]q'.~45 +I~w ~~ ~ L~~~J~T GRAVE ~,..~ ~, ., .~ , w6rnar.anrrrfrru~r!.F ~.+~ •,.r, ~, "~uaw.,'ti': 9,~ °t^ ~ ,.R' ^ f'~ A ~ ti!t .• .tM+s~w+r'n+'i4J;±~vl,~wa+..in-r'.r-r4~. -swa 1+~ ~..r.e~-i.r~"~. 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' r.. r~•..~.t .f Fx t •. ~ . d 5oS ~' y75.iia~1M'LY a f. +..t i + 5 .~ 'L' ~ 1r.r.. ~. +.'f LrJHYFrM+~ 2 . ~4" '4~ .7` i t .~~' .ifF"'.. ,S ..l ~5 ~ ~ j. n:.. y w ;fix ~ ~ f t o L~I.i .~ tr~ ~, k • ~ r"Y Y 4`w _yC '8_ r '~, w ~: '~ ~~ ,,. ~t, .+^ r~'~.aa . :~ ..~ .~~ ~.. ~"~~G.~Y,i~°~~i,rt'~+T~,.{w~,,y'~""~' ter 4A ~~~~1` tFA* 7-r~f.~ t ~ .. r 4+ ~~~A2'r ry~s'r 7)t Zfi¢~ ~S~Y . '~st <.~i t ~~. Y.SY ~ ~t~'~'Tw t two.. wA ~ ~ ~~Y SS'^' f ~, ~"a a' ,~::. .'41~.'. {h ~w" ' 'a''~Tr` ~ .~4'~~'.v. S~wa'> > :~?• 1'...`S (c~m~-f vN.:.. ~'~i r ~ +r" ~..• {~ :Y .kAtM..~w'^~,r. .[~ 1a~ ~- w-r'1S .ff,~-. _ ~ P 4 ,I `s d~M'l~f~~~~{i `r ice, _ ~ r ,;Il r ~.. ks.~~xt~ ~~ ~ .. yi y..ti s .r~" ~, t ~.r = ~~1tia. ',~.r *• Y _ ~ .r} . ~ . _ ~, v ~ .~i t r ~., r 9e'+W .v..cl 1N. X ~` • H 7 i' ~. s r' 1. idr». ~ ~ :r 4~'' x.x ~, _~^{.. ~iY ~'~~~4f~..' ~ 1./~7+.~'~' ATE ni ry a~1~ ~,f ~~~ iry ~ J •~t'. » Y 7 ~i k l :4f?!1~ d;, ..~~ rF ~{ ~ 1 7( i - ~ w 3 :d ~~'..'):. g r" eta 6~: F L~ ~~.~ cy~ ~ ~. ~ r r~ °~ '~ rt v1F y~.~ ~~ maw, ~V~$ ,~ ;~ ~ ~ ~ c.. ~ .~ y_:. ~. ,.a•, f; ~,:~~ ~ -~ ^ ~y~~n ~,,,~rr„ x ~~ ~ ~ ~ . Y ~. ~ N ~ R I ~I` R i F: f I EXHIBIT C Purpose of License The purpose of this License Agreement is to permit the Licensee to discharge by-pass water flow from a domestic water supply well through a by-pass pipeline into the Ninemile Drain in or near Raven Hill Subdivision located south of the intersection of Locust Grove Road and overland Road in Meridian, Ada County, Idaho . EXHIBIT D S ecial Conditions a. Construction shall be in accordance with certain plans consisting of one sheet, sheet 1D of 10 entitled "City of Meridian, Well No. l7, Well By-Pass Piping," bearing engineers stamp dated November 8, 1996. These plans have been delivered to the District's engineer, are in his possession in his offices, and are hereby incorporated herein by this reference. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement . Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property . Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force .and effect . ` c. The Licensee agrees to notify the District prior to any ~~discharge from the domestic water supply well identified in EXhibit 4r~ into the.Ninemile Drain. The Licensee shall cease discharging 'water into the Ninemile Drain immediately upon the request of the District, and shall not resume its discharge until the District notifies the Licensee that the discharge may resume. The District may transmit such request to the Licensee orally or in writing. Licensee agrees to indemnify, hold harmless and defend the District from any claims made against the District which arise from the Licensee's failure to cease and discontinue its discharge upon the District's request. LICENSE AGREEMENT -- Page 9 d. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality ar the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken ar requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition ar activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. f . In the event the District is required by any governmental authority to acquire or comply with any permit or other operat Tonal requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, ar exercise legal or other authority, either express ar implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or plans thereto without the prior written consent of the District. The District's easement along this section of the Finch Lateral i~ 80 feet, 4~ feet on either side of centerline. i . Installation shall be completed not later than 1~pri1 3 ~ , 197. Time is of the essence. LICENSE AGREEMENT - Page ~.a MEMORANDUM To: Mayor & City Council From: ~l/iam G. Berg, Jr., City Clerk safe: February ~3, ~99T R~: ~g95 Fiscal Year & ~~9fi Fiscal YearAudif Agreemenf Enclosed are fhe fwo agreemenfs from gibbons, Scoff & Dean LLP Cerfified Public Accounfanfs for your approval for fhe ~gg5 FY audif and ~99fi FY audif. This is fhe same quofe we had for X994 FY audif, if you have any quesfions concerning These agreements, please don'f hesifafe fo confacf myself or ~lanice. Thank you. Gibbons, Scott & Dean LLP BET3TlF1Ef~ ~'UBL1C ~~~UhfTA~l i ~ Professional Building Terry L. Scott, CPA 1803 Ellis Avenue John P. Dean, CPA Caldwell, Idaho 83fio5 The Honorable Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83 642 February 12, 1997 X208} 459-4649133fi-5812 FAX X208} 454-9091 F[B 1 2 1^S7 ~~ I am taking this opportunity to bring you up to date as to the status of the audit. As most of you are aware, problems began during the fiscal year ended September 3a, 1993. It~started with the death of the city clerk and then continued with the hiring of an interim clerk, final hiring of the current clerk and the demise of the computer in September. As a result of all of these occurrences, there were reconciliations not prepared, adjustments not made and transactions not posted. Also, a new accounting system and equipment were purchased as fast as possible. This then involved training the staff to understand the new system while they kept up with the day to day operations as well as try to straighten out the records for the year ended September 3D, 1993 . Once problems are encountered on the level mentioned in the previous paragraph, it takes quite a bit of time to recoup from them. Also, when you add on top of these problems the turnover of staff in the office, the increase in the work load and an IRS audit, it extends the recovery period. As a result of the above circumstances, the final information needed to complete the audit for fiscal year ended September 3~, 1994 was not received until the first part of October 1996. I am in the process of trying to complete this audit as soon as possible. In order to get the city back on schedule with their audits, I have proposed to the city clerk and treasurer that the audits for September 3D, 1995 and 1996 be performed at the same time. This would allow them to concentrate an having everything ready at one time. Based on this, I am submitting audit contracts for the fiscal year ended September 34, 1995 and 1996. We have enjoyed our association with the cit in the ast and ha e ou Y p p y will give us the opportunity of serving you again.. If you have any questions, please contact us. Thank you for our consideration. Y Very truly yours, C~~ 3o C. Bolen, CPA Audit Manager MEMBER 4F AMERICAN INST~FUTE OF CERTiI=IED PUBLIC ACCOUNTANTS IDAHQ SQCIET1f QF CERTIFIED PUBLIC ACCOUNTANTS (_ ~ Gibbons, Scott & Dean LLP CERTIFIED PUBLIC ACCOUNTANTS Professional Building Terry L. Scott, CPA 1803 Ellis Avenue John P. Dean, CPA Caldwell, Idaho 83605 February 10, 1997 X208} 459.4fi49133fi-5872 FAX ~208~ 454-9Q91 ~~ ~~~~ The Honorable Mayor and Council City of Meridian Meridian, Idaho 83642 nit w gs FY We are pleased to confirm our understanding of the services we are to provide for the Ciity_„L, of Merid_ian,,,,,,1 for the ear ended Il~~q Se tember 3 B 1995 ~ ~ IL . we will audit the eneral ur vse financial g p p statements of the Cit of Meridian as of and for the ear ended Se tember 3Q 1995. Also, the document we submit to you will incline the following additional information that will be subjected tv the auditing procedures applied in our audit of the general purpose financial statements. 1. Q erations in Tax Rolls 2. Schedule of Federal Financial Assistance our audit will be a Single Audit conducted in accordance with generally accepted auditing standards; the standards for financial audits contained in Government Auditin Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984; and the provisions of CMB Circular A-128, "Audits of State and Local Governrflents, " and will include tests of the accounting records of the Cit of Meridian and ether procedures we consider necessary tv enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting princi les and to re ort on the Schedule p .p of Federal Financial Assistance and on the City ofl,,,-,,,Meridian's compliance with laws and regulations and its internal controls as re fired far a Sin le A ' ~ g udit. If our opinion is other than unqualified, we will fully discuss the reasons with vu in Y advance. If, for any reason, we are unable to complete the audit, we will not issue ~a report as a result of this engagement. Cur procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of~inventories, and direct confirmation of receivables and certain other assets and liabilities b y correspondence with selected individuals, creditors and financial institutions, We will request written representations from our Y attorneys as part of the engagement, and they may bill you for responding tv this inquiry. At the conclusive of our audit, we will also request certain written representations from you about the financial statements and related matters. MEMBER OF 1lMERIGAN tNSTlTUTE vF CERTIF[ED PUBLIC AGCOUNTANTS IQAHO SoCiETY of GERTIFIED PUBLIC ACGOUNTANTS An audit includes examining, on a test basis, evidence supporting the amounts `and ,disclosures in .the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. As required .by the Single Audit Act of 1984, our audit will include tests of trans- actions related to federal assistance programs for compliance with applicable laws and regulations, However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk. that material errors, irregularities, or illegal acts, including fraud or defal- cations, may exist and not be detected by us. We will advise you, however, , of .any matters of that nature that came to our attention, and We will include such matters in the reports required far a Single Audit. our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will ass~.st in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets, We expect to begin our audit within 3o days after notification that the records are ready to audit and to issue our report approximately 90 days after the completion of the field work. our fees for these services will be based on the actual time spent at our standard hourly rates, plus other out-of-pocket costs such as report production, typing, postage, etc. Dur standard hourly rates vary according to the degree of responsibility involved and the experience level of the ,personnel assigned tv your audit. Dur invoices for these fees will be rendered as work progresses and are payable on presentation. Based on our preliminary estimates, the fee should not exceed 4 500 for the f fiscal base and 2 000 for the rant This estimate ~ is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Dur audits are warranted tv be accepted under quality control reviews and in the event that audits are determined to be defective, they will be made whole at no additional cost, We appreciate the opportunity to be of service to _, the .City of Meridian and believe this letter accurately summarizes the ~~bbons, Scutt & Dean LLP CERTlFIEt7 P[113tu: ar`rnrruraurc significant terms of our engagement. 3f you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. very truly yours, ~ ~~° GIBBONS, SCOTT & DEAN LLP Certified Public Accountants RESPONSE; This letter correctly sets forth the understanding of the Cit of Meridian . Date Mayor City of Meridian , Idaho City Clerk Gibbons, Scott & Dean LLP f`F'RT1FlFfl Cl 1Rl 1r. ~ rr,nr rura rare Gibuons Scott & D `r~ ea LLP CERT/FlED PUBLIC ACCOUNTANTS Professional Building Terry L. Scott, CPA 1803 Ellis Avenue John P. Dean, CPA Caldwell, Idaho 83605 February l0, 1997 The Honorable Mayor and Council City of Meridian Meridian, Idaho 83642 ~208~ 459-4fi49133fi-5872 FAX ~208~ 454-9091 ,~~ ~ r~ t~ ~~~~~~~ Y~ ~ v ffffff~~~~~~ ~3~ ~4 ~ ~ ~ ~ " ~ ~} f J } -~ z .;: 'ur~:W~,~ic~~4 mod` 9b Fy We are pleased to confirm our understanding of the services we are to provide for Cit of Meridian for the _ ear ended .-,.. September,., 30,,,,,.,, 1996 . We will audit the general purpose financial statements of Cit of Meridian as of and for the ear ended Se tember 30 1996 . Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements. 1. Operation„ in tax Rolls ,~~~_ .~.. ~.~ .,~ .. ~.,~_ ~,.~~.,. _~~. ~,~,.. 2. Schedule of Federal Financial Assistance Cur audit will be a Single Audit conducted in accordance with generally accepted auditing standards; the. standards for financial audits contained in Government Auditin Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984 ; and the provisions of OMB Circular A~128 , "Audits of State and Local Governments", and will include tests of the accounting records of the Cit of Meridian and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting prlnclples and to report on the Schedule of Federal Financial Assistance and on the Cit of Meridian's compliance with laws and regulations and its internal controls as required far a Single Audit. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the single audit engagement, we will not issue a report as a result of this engagement. The management of the City of Meridian is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are tv provide management with reasonable, but nat absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of MEMBER of AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS IDAHO SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS general purpose financial statements in accordance with generally accepted accounting principles, and that federal financial assistance programs are managed zn compliance with applicable laws and regulations. In planning and performing our audits for the year ended September 34, 1994, we will consider the internal control structure in order to determine our auditing procedures for the purpose of expressing vur opinions on the City of Meridian's general purpose financial statements and on its compliance with requirements applicable to major programs and to report on the internal control structure in accordance with oMB Circular A-1~8, and not to provide assurance on the internal control structure. We will obtain an understanding of the design of the relevant polices and procedures and whether they have been placed in operation, and we will assess control risk, Tests of controls may be performed to test the effectiveness of certain policies and procedures that we consider relevant to preventing and detecting errors and irregularities that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal ,acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. Tests of controls are required only if control risk is assessed below the maximum level. our tests, if performed, will be less in scope than would be necessary to render an opinion on the internal control structure policies and procedures and, accordingly, no opinion will be expressed. We will perform tests of controls, as required by CMB Circular A-- 128, to evaluate the effectiveness of the design and operation of internal control policies and procedures that we consider relevant to preventing or detec-ting material noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements and amounts claimed or used for matching that are, applicable to each of the City of Meridian's mad or , f edera~. financial assistance programs . Cur tests will be less in scope than would be necessary to render an opinion vn the internal control structure policies and procedures and, accordingly, no opinion will be expressed. We will inform yvu~ of any matters involving internal control structure and .its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to vur attention relating tv significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements . We will also inform you of any nvnreportable conditions ar other matters involving the internal control structure, if any, as required by CMB Circular A- 1t8. Gibbons, Scott & Dean LLP CFRTlFlE~ P11~[IGACCaUNTAN7S Compliance with laws, regulations, contracts, and grant agreements applicable to the City of Meridian is the responsibility of the City's management, As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we will perform tests of the City of Meridian's compliance with certain provisions of laws, regulations, contracts, and grants . However, the objective of our audit will not be tv provide an opinion on overall compliance with such provisions, and we will not express such an opinion. Our audit will be conducted in accordance with the standards referred to in the second paragraph. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether material noncompliance with the requirements governin g types of services allowed or unallowed; eligibility; matching, level of effort, yr earmarking; reporting; special tests and provisions; claims for advances and reimbursements; and amounts claimed ar used for matching that are applicable to major programs occurred. The purpose of our audit will be to express an opinion on the City of Meridian's compliance with the specific requirements applicable to mayor programs listed in the previous sentence. We will perform certain procedures to test the Cit of Meridian's r ~ a • y • compliance with the general requirements applicable to lts federal financial assistance programs as required by OMB Circular A-128. Our procedures will be limited to the applicable procedures described in the o~iB's Compliance Supplement for Single Audits of State and Local Governments. our procedures will be substantially less in scope than an audit, the objective of which is the expression of an opinion on the general requirements, and we will not express such an opinion. . Our procedures will .include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representa- tions from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts • and •disclosures in the financial statements ; therefore, our audit will involve judgment about the number of transactions to be examined and the areas~ty be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. As required by the S~.ngle Audit Act of 1984, our audit will include tests of transactions related to federal assistance programs for compliance with applicable laws and regulations. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk Gibbons, Sc~ & Dean LLP C~Rr7FIFD PLC~lCIICCOUNTANTS that material errors irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us . We will inform you, however, of any matters of that nature that come to our attentive, and we will include such matters in the reports required fvr a single audit. our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. we understand that you will provide us with the basic information required fvr our audit and that you are responsible for the accuracy and completeness of that information. we will advise you about appropriate accounting principles and their application and will assist, in the preparation of your financial statements, but the responsibility far the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures , the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected b Y us for testing . The workpapers fvr this engagement are the property of Gibbons, Scott & Dean LLP and constitute confidential information. However, we may be requested to make certain workpapers available to grantor agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Gibbons, Scott & Dean LLP personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to grantor agencies. Thee grantor agencies may intend, or decide, to distribute the, photocopies or information contained therein to others, including ^ther~governmental agencies. our fees for these services will be based on the actual time spent at our standard hourly rates, plus other out-of-pocket costs such as report production, typing, postage, etc, our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to our audit. Gur invoices for these fees will be rendered as work progresses and are payable on presents°i~an. Based on our preliminary estimates, the fee should be between ~ 4 5DD for the fiscal base of the audit lus an additional ~ DOD for the com liance base of the audit ap~pl%cab,le to,,, the grants. This estimate is based on antici ated P cooperation from your personnel and the assum tion that unex ected P p circumstances will not be encountered during the audit. If significant additional time is necessary,~we will discuss it with you and arrive at a near fee estimate before we incur the additional costs. our audits are warranted to be accepted under quality control reviews and in the event that audits are determined to be defective, they will be made whole at no additional cost. Gibbons, Scott & Dean LLP CFRTrFI~A P(,+~tC A CCOUNT~INTS ~e appreciate the opportunity tv be of service to the_City of Meridian and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. very truly yours, ~ ~~ GIBBONS, SCG T & DEAN LLP Certified Public Accountants RESPONSE: This letter correctly sets forth the understanding of the City of Meridian , Date Mayer City of of Meridian , Idaho City Clerk ~~bbons, Scott & dean LLP CERTIFIED PUBLIC~lCCOUNTANT'S ~~? Page 1 ~ , ~~`f.~~ TRANSACTION REPORT ~' . ~~ t ~/ N~ Date ~ ~ Pa ee Accaun! Amount Runnin Balance FbcWl, ~ TQ, (A) Opening Balance 6000102'1 211194 fNFORMATION TO FOLLOW F&M, # 60, A () 1,593,87 93,617.98 95 211 85 60003021 812194 INFORMATION TO FOLLOW F&M, # 60, (A} 1,530.D5 , . 96 741 90 fi00D1021 6/3194 TRNS DEP05IT FFkDM #60001127 F&M, # 6D, (A} 3,342.01 , . 100 D83 91 60001027 1131195 INFORMATION TO FOLLOW F&M, # 60, (A} 2,005.78 , . 102 089 69 fi0001QZ7 811195 INFORMATION TO FOLLOW F&M, # 60, (A} 2,782.85 , , 104 872 54 60001Q21 1130196 INFORMATION TO FOLLOW F&M, # 60, (A} 2.841.57 , . 107 714 11 60001021 7130196 INFORMATION TO FOLLOW F&M, # 60, (A} 2,928.09 , . 110 642 20 X1027 1128197 INFORMATION TD FOLLOW F&M, # 60, (A} 2,841.62 113 483 82 tai , . 19,865.84 FacfiA, ~ 60, (9j wing Balance 60001127 211194 INFORMATION TO FOLLOW F&M, # 60, (8) 1,702.53 101 70 53 60001127 812194 fNFORMATION TD FOLLOW F&M, # 60, (8) 1.639.48 , . 103 342 01 60001127 8115194 WITHDF~AW & TRN5 TD 600D1D27 F&M, # 60, (B} (3.342.01) , . 100 OOD 00 GOD01127 1131195 ` INFORMATION TO FOLLOW F&M, # 6D, (B} 2,D09.27 , . 102009 27 601127 811195 1NFDRMATfON TO FOLLOW F&M, # 60, (B} 3,110.85 105 120 12 60001127 1130196 INFORMATION TD FOLLOW F&M, # 60, (B} 2.848.27 , . 707 968 39 60001127 7130196 INFORMATION TO FOLLOW F&M, # 6D, (B} 2,935.00 , . 110 903 39 60D01127 1128197 INFORMATION TO FOLLOW F&M, # fi0, (B} 2,848,33 , . 113 751 72 , ~ 7oh~ F&M, # fi0, (f3} , . ~ ; 13,751.72 FEcA+l, ~ ~, (CJ Opening Balance 50976986 8123193 INFORMATON TD FOLLOW F&M, # 60, (C) . 2,161,03 ~~~~ 0.25 50976986 2121194 INFORMATION TD FOLLOW F&M, # 60, (C} 2,128.28 129 009 56 5097698fi 8122f 94 INFORMATION TO FOLLOW F&M, # 60, (C} 2,079.67 , . 131 089 23 50976986 212x95 INFORMATION TO FOLLOW F&M, # 60, (C} 2,462.64 , . 133 551 87 50376986 8121195 INFORMATION TD FOLLOW F&M, # 60, (C} 4,174.03 , . 137 725 90 50976986 2119196 50976986 INFORMATION TO FOLLOW F&M, # 60, (C} 3,800.17 . . 141.526.07 ' 8119196 INFORMATION TO FOI,.LOW F&M, # 60, (C} 3,683.23 145 30 ~ ~ ~'/ ~% Total FE~M, # 60, (C) . ' 20, 948 .05 FSB, ~ 1, ~A~ Opening Balance 2255101 616195 182 DAY5: 6.3596: DUE 1215195 FSB, # 1, IA) 4,245.04 137 2616 31 2256341 1215195 182 DAYS: 5.97: DUE 6114196 FSB, # 1, (A) 4,347.38 ~ . 141 608 73 2429561 6114196 365 DAYS: 5,5596: DUE 6114197 FSB, ~` 1, (A} 0.00 , . 141 fi08 73 t` Total F58, # 1, (A} , . ~.-%C'r''1, 8~ FSB, ~ 1, IB) Opening Balance 2255082 7128195 49 DAY5: 5.5~: DUE 9115195 FSB. # 1, (B) 935.88 100 3035 85 2255083 9115195 180 DAYS: 5.5396: DUE 311519fi FSB, # 1, (B} 2,599.41 , . 103 535 29 2429422 3135196 2602962 9113196 182 DAYS: 5.65°b: DUE 9113196 39 FSB, # 1, (B} 2,919.90 , . 106,455.19 5 DAYS: 5.8796: DUE 10/13197 FS9, # 1, (B} 0.00 106 455 19 ~-'~~~~ , TalaJ FSB, # 1, (B} --~--- . , 6,455.19 F58, #~ 1, ~Cj Openirx~ Balance 22550&1 7!28195 77 DAYS: 5.50: DUE 10113195 F58. # 1 (C) 1 160 27 '00,000.00 225508;1 1x13195 182 DAYS: 5.65: DUE 41'11196 . F58, # i, (C} , . 2,854.15 1,160.27 42 2256405 4111196 180 DAYS: 5.459;: DUE 1018196 FSB, # 1, (C} 2,796.32 1D681D. 2602984 1018196 182 DAYS: 5.559;: DUE 418197 FSB, # 1, (C} D.OD 106810 74 'f`~' ~1 ~ Total FSB, # 1, (C} ~.,. . ~ 6 FSB, ~ 1, ~pJ Opening Balance 2255084 7128195 179 QAYS: 5.759x: DUE 1123196 FSB, # 1, (D} 2,839.72 10 839 E 72 2256423 1 f 23J96 182 DAY5: 5.859'x. 'DUE 7123196 FSB, # 1, (D} 3,021.70 . ~ 105 861 42 • 2533499 7123196 427 DAY5: 5,8796: DUE 9123197 FSB. # 1, (D} 0.00 , . 105 861 42 /~ L'~ ~" ~ ~ Total FSB, # 1, (D) --~~-- . . 5,86i.42 FSB, ~t 50, fAJ Paga 2 ~ TRANSACTION REPORT ~ , ` Num Qaie Pa ee Account Amount Runnin Balance Opening.i~ance 2173494 583195 182 DAYS: 6.25X: DUE 11121195 F5B, # 50, (A} 4,334.54 138,411.04 142 345 58 2256308 1"1195 182 DAYS: 5.60X: DUE 5121196 FSB. # 50, {A) 4,002.51 . . ~ 1K5 348 09 2429534 ~t21196 183 DAYS: 5.4596: DUE 11T2Qf96 F5B, # 50, {A) 4,020.40 . . 1St1 358 49 2603102 1~2QI96 1 B2 DAYS: 5.49X: DUE 5121197 FSB. # 50, {A} 0.00 , . 150 368 49 Total FS~,~t50, (A) -~-~- . . 12,357.45 FSB, 4 54, (el Opening Wince 2173495 X3195 182 DAYS: 6.25°6: DUE 11121195 FSB, # 5D, (B} 4,334.53 13BA11.04 142 345 57 2256309 1195 189 DAYS: 5.6090: DUE 51,2BJ96 FSB, # 50, {B) 4,159.68 . . 146 505 25 2429539 5196 183 DAYS: 5.4596: DUE 11127196 F5B, # 50, {B} 4,024.30 , . 15029 55 2603105 11196 182 DAYS: 5.40X: DUE 5128197 F5B, # 50, {Bl 0.00 . 150 529 55 Total FSB. ~`~, {B) ---~- , . 12,518.51 FSB, ~ 50, fC1 ' Opening Baca 2255102 182 DAYS: 6.3596: DUE 1215195 FSB, # 50, {C} 4,163.74 130,468.88 134632 62 2256342 1~51s5 182 DAYS: 5.979x: DUE 6Ji9196 FSB, # 50, {C} 4,377.55 . 138 010 17 2429567 61196 365 DAYS; 5.5596: DUE 6119197 FSB, # 50, {C} 0.00 . . 139 010 17 Total FSB. #50, f~ ~" , . x,541.29 FSB, ~ 5D, (Dy Opening Ba~nce 2255181 85195 730 DAYS: 5.87%: DUE 915197 FSB, # 50, {D} ~ 105~4i.47 10541 47 Total FSB. #30, {D) . . 0.00 FSB. ~ 50, (E) Opening Bs~nce 2255182 X5195 730 DAYS: 5.87X: DUE 915197 FSB, # 50, {E} 0.00 105,541.47 1051 47 Total FSB.'#?~l, fEJ -~-~-- . Q00 FSB, ~ 50, (F~ Opening 9afiace 2255127 71~y95 182 DAYS: 5.809x: DUE 1118196 F5B, # 50, {F} 3,920.34 134,582.79 138 5x3 13 ?.256417 11.!!6196 182 DAY5: 5.8590: DUE 7118196 FSB, # 50, {F) 4,069.58 , . 142 512 71 2513460 7196 427 DAY5: 5.B7X:DUE 9118197 FSB, # 50, jF} 0.00 , . 142 572 71 Total FSB, # ~ {F~ --- , . 7,s89.s2 FSB, ~ 6x, (a~ Opening Babnce 2255004 X95 182 DAY5: 6.35X: DUE 1113195 FSB, # 60, {A} 3,191.37 100.Ox0.0D 103 191 37 2256285 11195 182 DAYS: 5.6596: DUE 512196 FSB, # 60, {A} 2,911.45 , . 106 x02 82 2429481 X96 182 DAYS: 5.45X: DUE 1x131196 FSB. # 60, {A) 2,683.56 , . 108 986 38 Zfi03069 10136 182 DAYS: 5.4996; DUE 511197 F5B, # 60, {A} ~ , . 108 9816 38 Total FSB, # ~ (A) , . 8,986.3E FSB. ~ 6x, (B) Opening Baia~ce 2255005 515 182 DAYS: 5.3596: DUE 1113195 FSB, # 60, {B) 3,191.31 100,000.00 103 191 31 2256297 1115 182 DAY5: 5.6596: DUE 512196 F5B, # 60, (B) 2,911.45 , . !06 102 82 2429482 5196 189 DAYS: 5.45X: DUE 1111196 FSB. # 60, {B} 2,995.68 , . 109 09B 5Q 2603078 111~19fi 182 DAYS: 5.49X: DUE 519191 FSB. # 60, {8) 0.00 , . 109 098 50 Total F5B, ~ 6Q. {By ~-~- . . 9,~9a.5o FSB, 4 b'x, (L'~ Opening Balaece 2255006 1B2 DAYS: 6,35X; DUE 1113195 FSB, # 60, {C} 3,191.37 100,000.00 103 191 37 2256288 1't~95 2429483 182 DAY5: 5.6596: DUE 512196 F5B, # 60, {C} 2,911.45 , . 106,102,82 5121 2603090 1111 196 DAYS: 5.45X: DUE 11114196 1 FSB, # fi0, {C} 3,110.21 109,213.03 Totai F5B, # 6x,(Cj 82 DAYS: 5.4996: DUE 5115197 F58, # 50, {C} 0.00 ~---- 109,213.03 9,213.03 FSB, ;~ 6x, (p) Opening Balm 2173496 ~ 182 DAY5: 6.25X: DUE 11121195 f } F5B. # 60, D 4,591.47 146,19].85 150,783.,32 ~ G~.c !1 ., ~ ~~k ~1~~ BI~~~ P> 14 ~ B~°~ ~S i; -~ ~,~ ~~~ ~` - TRANSACTION REPGRT f` , k ` l~ Date Pa ee Account Amount Run~in Balance 22563't4 11121195 242~Z 196 DAYS: 5.6096: DUE 614196 F5B, # fiQ (D) 4,572.74 155,356.06 fi14196 Total FSB, # 60, (D) 365 DAYS: 5.5596: DUE 614197 FSB, # 60. (D) 0.00 -~--~---- 155.356.46 9,164.21 FSB, ~ 6Q, (Ey 'opening Balanca 5136195 2256331 182 DAYS: 6.203'0: DUE 1 i12~5 FSB, # 60, (E} 5,032.16 166'525.33 ,557.49 11128195 2429590 182 DAYS: 6.0096: DUE 5J28196 FSB, # 60,E (} 5,020.51 171,577.80 5128196 21"#1121 189 DAY5: 5.4596: DUE 1213196 FSB, # 60, (E} 4,869.85 176,447.65 1213J96 182 DAYS: 5.40: DUE 613197 F5B, # 6d, (E} Q.00 176 447 65 Total FSB, # 60, (E} ~ , . 14.922.32 FSB, ~ 60, (F) Opening Balance 225509? 6!6195 ~~ 182 DAYS: fi.3596: DUE 1215195 FSB, # 60, (F1 4,191.86 135.541.88 1215195 2429549 182 DAYS: 5.97: DUE 614196 FSB, # 60. (F} 4,064.87 139,646.73 614196 Tatai FSB, # 60, (F) 365 DAYS: 5.55: DUE 614197 FSB, # 64, (F} 4.00 --- 139,606.73 8,256.73 FSB, ~ ~, (Gl Opening Balance ~ 616195 ~ 182 DAYS: 6.3596: DUE 1215195 FSB, # 6d, f G} 4,191.86 f 31,354.04 135 541 86 ~ 12!5195 2429554 182 DAYS: 5.9796: DUE 6141913 FSB, # 6D, (G} 4,464.87 , . 139,606.73 614196 Total FS9, # 6d, (G} 365 DAYS: 5.5596: DUE 614197 FSB, # 60, (G} 4.00 --~-~ 139,606.73 8,256.73 FSB. i~ Sp, INj ap~ting Balance ~ 616195 2255104 182 DAYS: 6.3596: DUE 1215J95 FSB. # 60, (H} 4.191.86 135541 8 1715195 242955f 182 DAYS: 5.979x: DUE fi14196 F5B, # 60, (H) 4,064.87 . '39,606.73 614196 To~gf F5B, # 60, (H} 365 DAYS: 5.55°6: DUE 614197 FSB, # sd, H () x.00 ~ K39,fi06.73 8.256.73 FSB, ~ SD, ~iy Ope~g Bafar~ce 2255104 6!6195 182 DAYS: 6.3596: DUE 1215195 FSB, # 60, (1) 4,237.91 137032.76 225fi340 1215195 2429559 182 DAY5: 5.9796: DUE 6!11196 FSB, # 60, (I) 4270.80 141,30.47 6111196 Tats! FS$, # 60, (I) 365 DAYS: 5.5596: DUE 6111!97 F5B. # 60, (I) 0.00 ~ 141,301.47 8,508.71 F58, ~ fi1y, ~penn9 Balance 2255121 7113185 182 DAYS: fi.14~;. DUE 1111196 FSB, # 60, (J} 3,855.41 126,059.50 129 922 91 2256367 1111196 2429fi45 182 DAY5: 6.Od~: DUE 711119fi FSB, # 60, (J) 3,936.10 , . t33 859 01 7111196 Total FSB, # 60, (J) 427 DAY5: 5.87°n: DUE 9111197 F58, # 60, (J} x.00 , . ~33,B59.01 7,799. 15 FSB, ~ ~, ~] Opining Balance 2255122 7113195 2256369 182 DAYS: 6.1096: DUE 1111196 FS9, # 60, (K} 3.863.42 ~,~~.~ 922 92 1111196 2513461 189 DAYS: 6.0096: DUE 7118196 FSB, # 60, (K} 4,070.14 ' . 2 7118196 Total FS9, # fi0, (K) 421 DAYS: 5.8794: DUE 9V18197 F5B. # 6d, (K) Q.DO ~ X1;1993.0 P 1.933.52 FSB, ~ fi0, l1) . Opaning Balance 2255123 7113195 2256412 182 DAYS: 6.1a~:DUE 1111196 F5B, # 60, (L} 3,863.42 1.25'059.54 129 922 92 111 1196 2513514 7125196 196 DAYS: 6.4096: DUE 7125196 4 FSB. # 6d, (L} 4.224.14 . . 134,147.02 Total F5B, # 6d, (~) 27 DAYS: 5.8796: DUE 9125197 F5B, # 6D, L} ( 0.00 _______ 134.147.02 8,087.52 FSB, ~ 60, ~M1 opening 9alance 2255124 7113195 182 DAY5: 6.1096: DUE 1111196 FSB, # 6d, (M) 3,863.42 12E,459.50 92 : x256413 1111!56 2513524 203 DAYS: 6.0096: DUE 811196 FSB. # 60, (M) 4.378.11 30 . x .03 811196 182 DAYS: 5.5596: DUE 1130197 FSB, # 6d, (M) 3.734.53 138.435.56 Page 3 ~~ ~ ~ ~~/s v ~.J _~ ~% Ir ~U~ J i i ~~ ~ l ~} ~~'~~ r ~ r ~~~ ~ ~il~ /I r l ~% r 2118197 Pago d ti TF;ANSACTi~3N REPaRT - f,, ! N~r~ Dale ~~Pa ee Acceu~i Amount Runnin Balance 1. 2Gxii~ 1130197 182 DAYS: 5,5096: DUE 7131197 FSB, # 5x, (M) x.xx 138,x35.55 (~~'-~r ~' Td~ FSB, # 60, (M) 11,970.x6 FSB, ~ (Nj Dining Balance 165,127.fi3 2255125 7120195 182 DAY5: 5.80: DUE 1119196 F5B, # 60, (Nl 4,810.10 169,937.73 ff~ 22564 1118196 182 DAYS: 5.8596: DUE 7118196 F5B, # 6x, (N) 4,993.21 174,93x.94 . r ~' 251345 7118196 427 DAYS: 5.8796: pUE 9118197 F5B, # 60, (N) x.xx 174,93x.94 ~ ~ ~~ Total FSB, # 6x, (N) 9,8x3.31 FSB. # ~, ~~) .n8 Balance 1xx,00x.xx i 26x2966 9116195 395 DAYS: 5.87: DUE 10116197 FSB, # fid, (a) ~ 1xx,xox.xx '~'; To#a~FSB, # 6x, (ol x.xo FSB,'f ~ (P) ~~B Balance ~ 136,997.61 2255128 7120195 182 DAYS: 5.8094: DUE 1118196 FSB, # 60, (P) 3,99x,68 140,988,29 2255418 1118196 196 DAY5: 5.859'4: DUE 811196 FSB, # 60, (P~ 4,468.25 145,456,54 f 2513525 811196 189 DAYS: 5.5596: DUE 2lfi197 F5B, # 6x, (P) 4,2x1.74 149,658.28 r ~ 2fix3166 211x197 18 MOS: 5.879ti: DUE 8110198 FSB, # 6x, (P) x,ax 149,658.28 ~/ TataiFSB, # 6x, (Py 12,6fix.fi7 F5B. 4 6tl, ~Q) Qpering Balance 136,997.51 2255129 7120195 182 DAY5: 5.8096: DUE 1118196 FSB, # 60, (~) 3,99x.58 140,988.29 2256419 1118196 195 DAYS: 5.8596: DUE 811196 F5B, # 60, (Q) 4,142.60 145.130.89 ~ 2513526 811196 ]95 DAY5: x.5594: DUE 2113197 FSB, # 60, (Q) 4,687.84 349.818.73 ' ~ 26x3179 2113197 18 MSS: 5.8796: DUE 8113198 FSB, # 60, (~) 0.00 149,818.73 L'~'F , Ta1a~FSB, # 60, ~ (1 i2 821.12 , FSB, ~ b'i1, ER) D1~9 Balance 155,826.78 2255i4x 8110195 182 DAY5: 6.0x96: DUE 218196 F5B, # 6x, (R) 4,696,87 16x,523.65 2256444 218196 192 DAY5: 5.8x96: DUE 818196 FSB, # 60, (R) 4,676.x4 165,199.65 2513533 8x8196 182 DAYS: 5.4596: DUE 21fi197 FSB, # 60, (R) 4,51x.40 169,71x.x5 V1 ~ ~ 26x3168 211x197 18 MQS: 5.8790: DUE 8110V98 FSB, # 6x, (R) ~ 169,710.05 ~ 1 Total F5B. # 6x, (R) 13,883.27 FSB. ~ 6x, ~S) , Dpenng Balance 1xx.00x,00 218396x 2J2519~ 182 DAYS: 6.8396: DUE 8129195 F5B, # 60, (S) 3,493.00 103,493.D0 2255154 81291195 73x DAYS: 5.879a:DUE 8128197 FSB, # 6D, (S) 0.00 103.493.00 Tah1F5B, # 6x, (S) 3,493.00 FSB, ~ Sx, ~ 4~~ing Balance 168,124.91 2173271 2128195 182 DAYS: 6.8396: DUE 81291f95 FSB, # 60, Rl 5,774.48 173,899.39 2255155 812919a 73x DAYS: 5.8794: DUE 8128197 FSB, # fi0, (Tl O.Ox .~ 173,899.39 ~j Total f58, # Sx, (Ty 5,774.48 F5B. # GB. [U) Ope~ieq 9alance 100.00x.40 2173327 3x6195 182 DAYS: 6.8396: DUE 915195 FSB, # 60, (U) 3,453.66 103,453.66 2255179 9x5195 73D DAYS: 5.8796: DUE 915197 F5B, # 60, (U) 0.x0 103,453.66 4~/ TataIF58, # 6x, (U) 3,453.fi6 ~ F5B, ~ S0, ~ aperzng Balance 1 40,04x.04 2173328 315195 182 DAYS: 6.8396: DUE 915195 F5B, # 60, (1/) 3,453.66 1 D3,453.66 ~ 2255184 91SJ95 734 DAYS: 5.87'96: DUE 915197 FSB, # 6x, (1~ 0,00 1x3,453.66 ~~`~ Tata1 F5B, # 6x, (Vl 3,453.66 FSB. # ~, l~ Oper~g Balance 140,0x0.04 ~ - ~ . " 2255429 112919fi 183 DAYS: 5.85%: DUE 713x19fi FSB, # 60, (W) 2,954.52 i 02.954.52 ~ ~' F 2118197 ~ + ON REPORT TRANSACTI dale Pavee Ac: ~~_+! b.mo~nt Runn~n Balance .~M.Y._.,. 253564 7130196 182 DAYS: 5.55%: DUE 1128191 FSB, # fi0, (W) c,862.87 1D5,Bi7.39 26031511 1128197 382 DAYS: 5.50%: DUE 7129197 FSB. # 60, (W~ 105.817.39 Toq~FSB. # 50, (W~ 5,817.39 FSB, ~ ~ ~ offing Balance 10D,DOD.OD 225fi434 1129196 190 DAYS: 5.85%: DUE 816196 FSB. # 60, ~ 3,070.25 103,070.25 2513598 816196 182 DAYS: 5.65%: DUE 214197 FSB, # 60, (Xj 2,918.09 105,988.34 ~26031'6~ 214x97 182 DAYS: 5.50%: DUE 7 FSB, # 60, (X) O.DD 105,988,34 Tool F5B, # 60, (}C) 5,988.34 FSB, ~ 6Q~ (1t~ Dpe~ing Balance 124,D22.46 2255193 9119195 182 DAYS: 5.50%: DUE 3119196 FSB. # 60, (Y) 3,424.60 127,447.Ofi 2429426 311919fi 183 DAYS: 5.65%: DUE 9118196 F5B, # 60, (Y) 3,614.00 131.051.06 2602968 9118196 395 DAYS: 5.87%: DUE 10118197 FSB, # 60, (Yj ~ 131.061.06 Tool F:SB, # fi0, (Ya 7,035.60 FSB, ~ ~, (~ ~pr~ng Balance 1D5,962.31 2256259 1013195 182 DAYS: 5.75 %: DUE 412196 FS6, # 60, (~ 2,963.41 308,925.72 2429436 412196 182 DAYS: 5.40%: DUE 1011196 FSB. # 60, (L~ 2.934.29 111,860.01 2602983 1011196 182 DAY5: 5.55%: DUE 411x97 FSB, # fi0, (Z~ ~ 1]1,860,01 Total FSB, # 60, (Z1 5,897.70 FSB, ~ 6B, CIA) Opening Balance ~ 176,D50.54 2256260 1QI3195 182 DAYS: 5.75 %: DUE 41219fi FSB. # 60, (ZA) 4.923.53 18.0.974.07 2429435 412!96 189 DAY5: 5.40%: DUE 1018196 FSB, # 60, (ZAy 4.929.28 185.90:1.35 2602983 3012196 180 DAYS: 5.55%: DUE 3131197 FSB. # 60, (ZAP ~ 185,91.35 T~ FS9. # 60, (ZAP 9,852.81 FSB. ~ B0, (ZB) Dpming Balance 165,636.fi3 10111195 182 DAYS: 5.65%: DUE 4110196 FSB, # fi0, (ZB~ 4,699.29 37D,335,92 2429475 4110196 182 DAY5: 5.45%: DUE 1019196 FSB, # 6D, (ZB~ 4,630.80 174.966.72 2602985 1019196 189 DAYS: 5.559G: DUE 4116197 FSB, # 60, (ZB) ~ 374,966.72 Tail FSB, # 60, (ZB) 9,330.09 FSB. ~ BEl, (ZC) Opening Balance 1D0.000.OD 2256442 716196 182 DAYS: 5.80%: DUE 816196 FSB, # 60, (ZG') 2,912.96 102,912.96 2513533 816156 189 DAYS: 5.65%: DUE 2111197 F5B, # 60, (ZC1 3,027.67 105,940.53 2fi03171 2111197 18 MSS: 5,87%: DUE 8111198 F5B, # 60, (ZC'~ .~ 1fh,940.63 Toil FSB, # 6D, (ZL"~ 5,940.63 FSB, of fit, {A] Oprning Balance 119,316.52 2255011 519195 182 DAY5: 6.35%: DUE 1117195 F5B, # 62, (A~ 3,807.83 123,124.45 2255012 3117195 182 DAYS: 5.65%: DUE 517196 FSB. # fit, (A~ 3,493.17 126,fi17.62 2429488 51719fi .182 DAYS: 5.45%: DUE 1115196 FSB, # 62, (A~ 3,440.83 130,058.45 Z6030'~ 1115196 182 DAYS: 5.49%: DUE ~ FSB. # 62, (A) ___.~ 130,058.45 T~1 FSB. # fit, (A) ~ 10.741.83 . HF5, ~ ~, {A) ~pming Balance 375,D61.20 9128195 182 DAYS: %: DUE 3128196 HF5, # 1, (AJ 2,735.14 177.796.34 723 3128196 182 DAYS: 5.50%: DUE 714196 HF5, # 1, (A~ 4,876.00 382,672.34 725 712G196 180 DAYS: 5.20%: DUE 1r?6197 HF5, # 1, (A~ 4,788.52 187,4fiD.86 73D 21517 180 DAY5: 5.50%: DUE 814197 HF5, # 1, (AJ ~ 387,460.8fi Total HFS, # 1, (Aa 12,399.66 HFS, ~ ~, {A) opening Balance 186,063.36 9119195 182 DAY5: %: DUE 3119196 HF5, # 60, (A~ 3,100.93 189,164.29 7C4 11419fi 182 DAYS: 5.50%: DUE T14196 HFS, # 60, (A) 5,157.77 194.352.06 Page 5 J `r~ r~'vf~ I 1; ~~~r~ r -~ ~~. ~J~S ~J ~~' ~ .~ ~~''~ .~ ~, f ~,,.~~.~ ~- ~ _~- Paga 6 2118197 [~~ TRANSACT'IQM REPORT ~ Num Date Pa ee Account Amounl Rennin Balance 727 7125196 180 DAYS: 5.2090: DUE 11'26191 HFS, # 6D, f A} 5,094.68 193,44fi,74 ~,/~ 731 215197 180 DAYS: 5.50%: DUE 8141`37 HFS, # 6D, fA) ~~ Q.~ 1~.~.74 r Total HFS. # 60, f A) 13,383.38 HFS. # S2, (Ay Damning Balance 158,485.89 8115195 182 DAYS; %: DUE 2116196 HFS, # 62, ~A} 2,848.36 16t,~34.25 722 114196 182 DAY5: 5.509'0: DUE 114196 HFS, # 62. f ~4) 4.424.54 1,758.79 728 7126196 180 DAYS: 5.2090: DUE 1TZa~197 HFS, # 62. (A~ 4,35.15 17x,103.94 ~ ~ ~,, ~ ~~ ;~, ~ ~^~ 72.3 215197 18D DAY5: 5.50%: DUE 814197 HFS, #.62, f A) DAO ~ 17D,103.94 ~ / ' ~ Total HFS # 62, A ( ) 11,618.05 ~ ' 1 ~ r~ use, ~ 1, (A) Opening @alance 1,163.34 12129195 182 DAYS: 5.4596: DUE 686195 US@, # 1, (A} 2,756.70 1Q4.920.04 2192480 6126196 181 DAYS:5.55%:DUE ]2!24196 U5B, # 1,(A} 2,905.52 1G3,825.5fi ~_ [mow 20000151 12J24I96 181 DAYS: 5.45%: DUE 6123>rJ7 US@, # 1, (A} 1~•8~•~ ~* ~ Total US@, # 1, (A} 5,662.22 U5B, # 60, (A~ Opening Balance 1,655.88 2147969 818195 181 DAYS: 5.709b: DUE 215196 USB, # 60, (A} 3,fi03.40 130,259.26 2203613 215196 189 DAYS: 5.399'x: DUE 8f]9196 U5B, # 60, (A} 3,929.72 134,189.00 20000038 8119196 182 DAYS: 5.4596: DUE 1117197 USB, # 60, (A} 3,059.64 137.248.64 ~ 2000017@ 1117197 AYS; 5.259'0: DUE 7124191 188 D USB, # 60, (A) 0.00 ~ 131,248.64 +.•-~ ] , Total US@, # 60, f A) 10,592.76 U5B. # SQ. (8~ Opening Baiance 12fi,655.88 214797a 818195 181 DAYS: 5.70%: DUE 2>5~ USB, # 66, fB} 3.603.40 130,259.28 22D3614 215196 263 DAYS: 5.3996: DUE 8126196 U5B, # 60. (@} 3,791.48 134,050.76 20000039 8126196 182 DAYS: 5,4596: DUE 1122197 USB, # 60, (B) 3,015.55 137,066.31 20006171 1122197 183 DAYS; 5.25%: DUE 7!24197 USB, # 60, (B) ~ 137,066.31 , 3 ~ `" Total use. # 6D, ia} 10,410.43 USB, # 6Q; (L'a Opening @alance 126,655.88 2147971 818195 181 DAYS: 5.70%: DUE 215196 U5B. # 60, (C) 3,603.40 130.259.28 2203615 215196 182 DAYS: 5.39%: DUE 815196 US@, # 66, (C) 3,514.70 133,7'73.98 200D0638 815196 182 DAYS: 5.4596: DUE ?.13197 US$, # 60, (C) 3,659.83 937.433.81 20000184 213197 182 DAYS: 5.35%: DUE 814197 U5B. # 60, f C) 0.00 137.433.81 ~' u Total US@. # 60, (C} 1 D,77T.93 usa, ~ sa, ioj Opening Balance 926,655.88 2147972 8181% 181 DAYS: 5.70%; DUE 215!96 U5B. # 60, (D} 3,603.40 130,259.28 2203616 215196 189 DAYS: 5.3996: DUE 811?J96 US@, # 60, (D} 3,553.24 133,91252 20000006 8112196 182 DAYS: 5.45%: DUE2110197 US@, # 66, (D} ~ 933.912.52 f,,U ~ Tctai US@, # fi0, (D} 7,256.64 USB, # 60, (E) Opening Balance 515,905.34 2147979 8116195 18D DAYS: 5.75%: DUE 2117!96 USB. # 60. (E) 24,723.34 530,628.68 2203627 '2112,196 182 DAYS: 5.39%: DUE 8112196 USB, # 60, (E} 14,31$.25 54,948.93 20000003 ~ 8112196 182 DAYS: 5,45%: DUE 2110197 USB, # 66. (E} ~ ~.~.~ ~~ Tatal USB. # 60, (E} ~ 29,041.59 USB, # fi0. (F~ ~ Opening Baiance 1a3,316.fi7 2186566 9118195 182 DAYS: 5.6590: DUE 3198196 U5@, # 60, (~ 4,344.69 157,661.36 ' 2203694 X18195 182 DAYS: 5.34%: DUE 911619fi U5B, # 60, (F} 4,184.98 161.846.34 2000006'1 9119196 186 DAYS: 5.55%: DUE 3x18197 U58, # 60, (F) ~ 1~.~46.34 "`~11 Total USB, # 60, tF} 8,529.87 USB. # 6D, iGj Opening Balance 140.785.40 2]18J97 Papa 7 ( TRANSACTION AEP~RT ~- . l Date Pa ee '~- _ , , _ , - account -- _ A mount Running Bafa~ce , ~, „-- -- 21805 102195 162 DAYS: 5.1D36: DUE 4~1~9fi USB, # 60, (G} 4,024.31 444,81D,71 21924 4~1l9fi 162 DAYS: 5.2596: DUE 9130198 USB. # 50, (G) 3,808.18 148,fi18.89 2004006 9~30J95 182 DAYS: 5.5596: DUE 3197 U5B. # fi0, (G) D.40 148.618.89 (`~ ~ To~USB, # 611, (G} 7,832.49 use, ~ ~. (Hy Dp~ng Balance 1D5,988.39 2194578 10~?J95 182 DAY5: 5.7094: DUE 411196 USB, # 60, (H} 3,029.62 iD9,418.01 2192411 411196 182 DAYS: 5.2596: DUE 913~J6 U5B, # 60. (H) 2,866.92 111,884.93 ;~ 24DDD4fi'9 ~30J9fi 199 DAYS: 5.5594: DUE 41119? USB, # 6D, (H) 0.00 111,884.93 V~~ ~ Tabl(USB. # fi4, (H} 5,895.54 use. ~ ~. ~1 9 Balance 145.988.39 2184579 1012195 182 DAYS: 5.7D96: DUE 4~1~96 U5B, # 60, (I) 3.029.62 1Q9,018.41 219241.8 411196 182 DAYS: 5.2596: DUE 996 U5B, # 60, (I) 2,86fi.92 111,884.93 r . 200DD069 913D19G 196 DAY5: 5.55%: DUE 411d~7 U58. # 6D, (I) D.DD 111,884.93 ~ ~ ~~r ~ Totit~SB, # 60, (I} 5,895.54 use...# ~ i~~ O19 Balance 'LOD,040.DD 2243579 1129196 t83 DAYS: 5.959: DUE 713496 USB, # fi4, (J) 2,743.56 142,743.56 2223123 713D196 181 DAY5: 5.5596: DUE 1127191 USB, # 60, (J) 2,846.72 105,5JID.28 ,~ 20044175 1127197 179 DAY5: 5.3596: DUE 7125191 USB, # 60, (J} 0.D0 106,59D.28 L Tota~llS$, # 60, (J) 5,590.28 USB, ~ ~ EK) . Dpe~ing Balance iti4,553,03 218D540 12111195 182 DAY5: 5.5596: DUE 6j1~6 USB, # 60, (K) 4.548.82 1fiA,1D1,85 2192474 611D196 182 DAYS: 5,459: DUE 1219196 U5B, # 64, (l~} 4,622.42 1~f:724.21 20000152 121919G 182 DAYS: 5.459: DUE 6~7 USB. # fi0, (K} D.OD 173,724.21 ~~I j Toia1US9, # fiD, (K~ 9,171.24 U5B. ~~60,~L) ~penng Balance 124„15D.55 2091051 12126195 192 DAYS: 5.459: DUE fi12519fi U5B, # 64, (L) 3,368.98 12119.53 2192479 612519fi 2D0D41fi1 1212419G 182 DAY5: 5.5596: DUE 12124196 181 DAYS: 5.4596: DUE 6123197 USB, # 64, (L} U5B, # fi0, (L) 3,550.97 0.00 131~1D.5D 131~10.5D { ;.t!' Tot~~USB, # 64, (L) fi,919.95 ~ WFS, ~ 64, ~Ay Cpe~rrg Balance 1fi2;662.94 8140474 918195 365 DAYS: 6.009: DUE 919196 WFS, # 60, (A} 9,794.85 172,451.79 8104474 919196 194 DAYS; 5.2D3v: DUE 311Q197 W1=5, # fi0, (A) 0.0D 172,457.79 ~,~ ~ Tot~'-~iIFS, # 6D, (A) 9,794.85 ~.~~~~ ~periig Balance 210,562.40 8104212 9122195 355 DAYS: 6.003'4: DUE 9122196 1NFS, k 60, (B) 12,679.87 273,242.27 8140212 9123196 182 DAYS: 5.609: DUE 3124191 1Nl^S, # 60, (8) 0.00 273,242.27 ~,~; ~.. ~ Tatal'WFS, # 60, (B) ] 2,679.87 ~' WFS. ~ 6D, ~~ Dger~ Balance ~ 127829.94 8140280 1D113195 192 DAY5: 5.9D96: DUE 4115196 WFS, # fiD, (C} 3,81fi.72 13t,B4fi.62 , 81D028D 41]519fi 182 DAYS: 5.453`0: DUE 1D12<.~9fi 11VFS, # 60, (C) 3,872.38 119.40 8100284 1g12919fi 182 DAY5: 5.453'°: DUE 313197 WFS, # 60, (C} 0.D0 135,519.00 '~~ Total ~rFS, # fi0, (C} 1,689. i 0 ~ wFS. ~ so.~; Qpe~ Balance 127:829,89 8100355 1D113195 182 DAYS: 5.909: DUE 4115{96 WFS, # 6D, (D} 3,81fi.72 131.61 810035'5 4115196 1$2 DAY5: 5.45`Ya: DUE 1[Y1a19fi Vf~S,;~ fi0, (D) 3,591.19 1'43.84 810D355 10115196 180 DAYS: 5.4596: DUE 411519] WFS, # fiD, (D} 0.00 135~Z43.SD ~.'~~ `l Tctal~~S, # 6D, (D) 7,413.91 `~`~ r~ igar ~d~4 ~ ~F. TRANSACTION REPORT ~'" ., Num Date Pa ee Account Amount Runnin Balance GRAND TOTAL 5fi8,201.16 9,032,544.64 -~' ~ ~ ~~~ It trl ~.~. ~ J P 5 ~ YIti P ~~, S '~ ~ ,~o L" V ~ ~ , J C ~~ ~- ~ w~~f ~r ~ 5 3~,L, f ~ ~.~~ -ti ~~~~t'4GS1n~T~ j 1r ~ 1 S ~~ ~ ~ 6 3 ~, 5 ~y. ~ ~~ ~ 1, ~\,\~ EN•GI~yF~9 N • 9~O SURVEyO~~ Cpl c /~'r~.-~1 epactme~ ,Pzoa.~ 5 z-~&-y7 RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 February 6, 1997 .~ ~.-~ ~uy~.E /^.~~p~,,f-~ o f' rLOn-c~e't%2.,/opt~t,~rLZ~ VIA FACSIMILE ~19re~`-,.ent City of Meridian Mr. Gary Smith, P.E. -~ ~i/~ ~ c~~~~ ~~' ~~'~` o~ ~' ~~` ~ ~ East Idaho Avenue ~ ~. Meridian Idaho S3G~ ~.~ Z Re: Summerheld Subdivision No. 3, Phase 2 Dear Gary, The developer of Summed eld Subdivision No. 3, Phase 2 is re aria for con ' p p g struction and requests that the non-develo ment agreement currently in lace for hale two of this r ' P P p o~ ect be released. The construction drawings for Summerfield Subdivision No. 3 were approved by Meridian City Public Works on March Z2, I99b. This a royal will ex ire March ~ .. PP p ..Z, I997. we ant~c~pate the non-development agreement being released b the Ci rior to this date ' Y tY P to avoid delays ~n beginrnng construction~of this phase. Ube are re arin fora re- ' . ~ p p g p construction conference with construction anticipated to be n m earl March. ~ y Thank you for your time and consideration and lease do not hesitate to call if . P you have any questions. Sincerely, ~.~- A.J. Carlson Project Coordinator c:c: Richard Boesiger, Max Boesiger Inc, ' dill Berg,.City Clerk Shari Stiles, Planning & Zoning Administrator. d:l?85.1tr F 9yO SURVEyOQ~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 February 6, ~ 997 VIA FACSIMILE City of Meridian Mr. Cary Smith, P.E. ~ ~ East Idaha Avenue Meridian, Idaho 83642 Re; Summerfield Subdivision Na. 3, Phase 2 Dear Crary, The developer of Summerheld Subdivision No. 3, Phase 2 is preparing for construction and requests that the non-development agreement currently in place for phase twa of this ro'ect be .• .. p J released. The construction drawings for Summerfield Subdiv~s~an Na. 3 were a raved b .. PP Y Mertd~an City Publzc works on March ~2, 1996. This approval will expire March 22, I997. we anticipate the non-development agreement being released by the City prior to this date to avoid delays in beginning construction ofthis phase. 'We are preparing fora re-construction p conference with construction anticipated to begin in early March. Thank you for your time and consideration and please da not hesitate to call if ou have an Y Y questions. . Sincerely, ~.~ ~~~ A.~. Carlson Project Coordinator cc: Richard Boesiger, Max Baesiger Inc. tiVill Berg,.City Clerk Shari Stiles, Planning & Zoning Administrator d:l?SS.Itr This AGREEMENT, made and entered into this ~ day of ~ ggfi b and between y whose address is 837Q5. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a munic': all of the State of Idaho, acting by and throu hits Council p ~ 9 Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in . 3 Ada County, Idaho; recorded as Instrument Number 950Zfi55~ in the office of the Ada County Recorder in Book fig of Plats at Pages ~4~ and 7g48~ f WHEREAS, DEVELOPER desires to withhold development of street, sewer, inter, irri ation and other utility and lot improvements and sale of ra osed Lots 1 ~ g p p thru 5, Block 1~'; Lots 2 thru 16, Bfack 19; .Lots 9 thru 15, Bfvck 18; and Lats 1 thru 4, Block 18; of 5ummert~eld Subdivision No. 3 thereafter "Undeveloped Lots"}; NOW, THEREFORE, inconsideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees #hat no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY, If DEVELOPER desires to install any of the said improvements far said Ivts, then DEVELOPER shall s~mit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvemen#s. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable setter of credit a cash deposit Surety Agreement will be figured at the prevailing construction costs determined by~ the CITY. DEVELOPER herein agrees that when developer does desire tv develop, the required improvements shall meet the City Standards and Specifcations in effect at that tune. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit ar cash deposit Surety Agreement has been issued and delivered to the City, yr until an amended nor-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada ~Caunty, fdaho to provide public nv#ice to prospective purchasers of the temporary restraint on corneyancing. A# such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County arr appropriate release. DEVELOPER and CITY specifically understand and agree that for the pc~ose of this Agreement, the status of the undeveloped lets in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed tv and contained in this Agreement. it is further agreed that if Developer has entered into a Development Agreement with the City far the development of Summerfield Subdivision No. 3, this .agreement amends the Development Agreement. This agreement shall terminate on the . ~Q~ day of ~ 99~, when this agreement terminates, Developer shall have „~~ Year to complete devebpment; if development is not completed on the ~ day of , ~ 99~,, apprawai of the "undeveloped lots" portion of the plat shall be null and void and any further develaprnent a# the property shall require additional approval; if the developer does not complete devebprnent on yr before the above date, City shall record a statement that approval for the "undeve~ped ~ lots" portion of the subdivision has been voided. r,, l l This Agreement shat! inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have execu#ed this Agreement at Meridian, fdaho, the ~ day of ~ , ~ g96, MAX A. BOESIGER, INC. Max A. Boesiger, Jr. President STATE 4F IDAHa County of Ada ~ ss y CITY OF MERIDIAN Grant P. Kingsford, Mayor On this _____ day of ~ 995 before me, the undersigned, a No#ary Public in and for said state, personally appeared ,known or identified to me to be the of o ,the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,1 have hereunto set my hand and affxed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ' SEAL} My Commission Expires: STATE ~F IDAH4 ~ ss County of Ada ~ On this .,~ day of ,'1995 before me, the undersigned, a Notar~r Public in and for said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of, Meridian and the person why executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certifcate first above written. Notary Public for Idaho Residing at „~ ,,,(~~ SEAL} My Commission Expires: ..~~ ~~. ,~ ..~; .3 ..........1! ......r'lF ,r ....,..~.a~,~ .........~ ...~ ......~..~.. .. ~< ~: ~: ,~ r,, ~~ ~ ~. f ~' .... s { THEREFORE, I cio hereby designate Lhe week of February 15 through 22, 1997, as FFA Weelj/-~ ,1997 Prepared and /y~lrblished by the National I'F14 pr anizatinn in cooperation tivitil tt~e U.S. Department of CdUCattan as a service to state and local agrielriturai education agencies. Thn i~7nl;nnn! 1~P.4 11.,...,.,1...,1:.,.. .,l'f:.,..,,, if„ 1,,.~r,.~:~ i~.., _...i.... ..r..ir ~_._..._ c....__.. _-' ---~._ .~ ... .~ ~ ~ ~ ..,. ..